Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

| Printed Page 1720, Mar. 14 | Printed Page 1740, Mar. 15 |

Printed Page 1730 . . . . . Wednesday, March 15, 1995

My concern is that S. 474, R. 11 vitiates the protection afforded the public pursuant to Title 57, Chapter 9, of the Code of Laws of South Carolina, 1976. Specifically, the provisions of Chapter 9 require adequate public notice and an opportunity for public hearing before a road can be closed. Because this Act circumvents the statutory process, the safeguards which serve to protect the public would no longer be effective.

For these reasons, I veto S. 474, R. 11.

Yours sincerely,
David M. Beasley
Governor

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 4; Nays 1

Those who voted in the affirmative are:

Baxley           Boan             Fleming
Sheheen

Total--4

Those who voted in the negative are:

Witherspoon

Total--1

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.


Printed Page 1731 . . . . . Wednesday, March 15, 1995

R. 3; S. 334--GOVERNOR'S VETO OVERRIDDEN

The following was received.

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 7, 1995
The Honorable Robert L. Peeler
President of the Senate
State House, 1st Foor, East Wing
Columbia, S.C. 29202

Dear Mr. President and Members of the Senate:

I am hereby returning without my approval S. 334, R. 3, an Act:
(R3) S. 334 -- Senators McGill, Glover and Leatherman: AN ACT TO AMEND ARTICLE 1, CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS LOCATED IN FLORENCE COUNTY, SO AS TO AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY ORGANIZATION TO DISTRIBUTE THE REMAINING ASSETS OF THE ORGANIZATION AND TO PROVIDE THAT EFFECTIVE TWO YEARS AFTER THE EFFECTIVE DATE OF THIS ACT, IF SUCH DISTRIBUTION IS NOT ACCOMPLISHED WITHIN FIVE YEARS OF DISSOLUTION, THE REMAINING ASSETS ESCHEAT TO THE STATE.

This veto is based upon an informal opinion of the Attorney General's Office dated March 6, 1995. The opinion states:
"The act bearing ratification number 3 of 1995 would amend Article 1, Chapter 31, Title 3, S.C. Code Ann., relating to nonprofit corporations, so as to authorize the former board of directors of a dissolved nonprofit corporation or eleemosynary organization located in Florence County to distribute the remaining assets of the organization and to set an effective date by which the action is to be taken lest the property escheat to the State. No reason appears within the act (i.e., by legislative findings or otherwise) as to the need for such a law applicable only to Florence County. Article III, Sections 34 (IX) and (X) of the State Constitution prohibit local or special laws and particularly provide that where a general law can be made applicable, no special law shall be enacted and further direct the General Assembly to adopt general laws uniform in their operation. (Citation omitted.) The South Carolina Nonprofit Corporation Act, Act. No. 384 of 1994,


Printed Page 1732 . . . . . Wednesday, March 15, 1995

contains general laws concerning dissolution of nonprofit corporations and distribution of assets."

For the above reasons, I am returning S. 334, R. 3 without my signature.

Yours sincerely,
David M. Beasley
Governor

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 2; Nays 0

Those who voted in the affirmative are:

Askins           Limbaugh

Total--2

Those who voted in the negative are:

Total--0

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate.

H. 3728 -- Reps. Hallman, Fulmer, Seithel, Whatley, Harrell, Hutson, S. Whipper and Limehouse: A BILL TO PROVIDE THAT THE CHARLESTON COUNTY BOARD OF ASSESSMENT CONTROL IS ABOLISHED AND ITS POWERS AND DUTIES DEVOLVED UPON THE CHARLESTON COUNTY COUNCIL.

H. 3734 -- Rep. Askins: A BILL TO AMEND ACT 250 OF 1991, RELATING TO THE ELECTION OF TRUSTEES IN FLORENCE COUNTY SCHOOL DISTRICT 5 AND THE SINGLE-MEMBER DISTRICTS FROM WHICH CERTAIN TRUSTEES ARE ELECTED, SO AS TO REVISE THE DESCRIPTION OF THESE DISTRICTS.


Printed Page 1733 . . . . . Wednesday, March 15, 1995

ORDERED TO THIRD READING

The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:

H. 3788 -- Reps. Limehouse, Hallman, Fulmer, Whatley, L. Whipper, Seithel and S. Whipper: A BILL TO AMEND ACT 1595 OF 1972, AS AMENDED, RELATING TO THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT, SO AS TO DELETE THE PROVISION FOR THE MAINTENANCE OF GOLF COURSES.

H. 3796 -- Reps. Walker, Davenport, Phillips and Cato: A JOINT RESOLUTION TO PROVIDE THAT, FOR THE 1994-95 SCHOOL YEAR, SCHOOL DISTRICTS ONE AND TWO IN SPARTANBURG COUNTY ARE EXEMPTED FROM THE REQUIREMENT THAT SCHOOL DAYS MISSED MUST BE MADE UP AS A RESULT OF COMPLICATIONS RESULTING FROM A SEVERE WINTER STORM.

H. 3690--AMENDED AND SENT TO THE SENATE

The following Joint Resolution was taken up.

H. 3690 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.

Rep. H. BROWN proposed the following Amendment No. 20 (Doc Name L:\h- wm\legis\amend\FF.550), which was adopted.

Amend amendment No. 18, Document No. L:\h-wm\legis\amend\ff.500, Section 5, Line 8, after the words /general fund/ by striking /during FY95-96/

Renumber sections & amend totals/title to conform.

Rep. H. BROWN explained the amendment.

The amendment was then adopted.

The Joint Resolution, as amended, was read the third time and ordered sent to the Senate.


Printed Page 1734 . . . . . Wednesday, March 15, 1995

SENT TO THE SENATE

The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate.

H. 3363 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1994-95.

H. 3512--DEBATE ADJOURNED

Rep. ROGERS moved to adjourn debate upon the following Joint Resolution until Thursday, March 16, which was adopted.

H. 3512 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO THE REPEAL OF PARENT-ORIENTED EDUCATION PROGRAMS AND THE PROMULGATION OF PARENT/FAMILY LITERACY PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1713, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3042--AMENDED AND OBJECTIONS

The following Bill was taken up.

H. 3042 -- Reps. Kirsh, Meacham and Richardson: A BILL TO AMEND SECTION 40-11-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FINANCIAL STATEMENT REQUIRED TO LICENSE A CONTRACTOR, SO AS TO REQUIRE AN AFFIDAVIT OF FINANCIAL CONDITION INSTEAD OF A FINANCIAL STATEMENT.

Reps. RICE, BAILEY and DAVENPORT proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9949JM.95), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Section 40-11-160 of the 1976 Code is amended to read:

"Section 40-11-160. The board shall may not issue a license to any a contractor above at the Group 1 2 or 3 level as this is defined by regulation of the board until such the contractor furnished furnishes the


Printed Page 1735 . . . . . Wednesday, March 15, 1995

board with a financial statement certified by a certified public accountant or a public accountant. The board may not issue a license to a contractor at the Group 1 Level or the Group 4 Level as defined by regulation of the board until the contractor furnishes the board with an affidavit by the contractor of his financial condition."

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. RICE explained the amendment.

The amendment was then adopted.

Rep. WILKES spoke against the Bill.

Rep. KIRSH spoke in favor of the Bill.

Rep. WILKES spoke against the Bill.

Rep. WILKES moved to table the Bill.

Rep. CATO demanded the yeas and nays, which were not ordered.

The House refused to table the Bill by a division vote of 24 to 42.

Reps. WILKES and INABINETT objected to the Bill.

Rep. QUINN moved to recommit the Bill.

Rep. CATO moved to table the motion, which was agreed to.

Reps. QUINN, ROGERS, WRIGHT, LLOYD, HERDKLOTZ and KELLEY objected to the Bill.

S. 48--DEBATE ADJOURNED

The following Bill was taken up.

S. 48 -- Senators Leatherman, Wilson, Leventis, Rankin, Elliott, Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE THAT THE PRINCIPAL AMOUNT OF A LEASE PURCHASE OR FINANCING AGREEMENT IS SUBJECT TO THE CONSTITUTIONAL DEBT LIMIT FOR POLITICAL SUBDIVISIONS AND THAT PAYMENTS MADE BY THE STATE UNDER SUCH AN AGREEMENT ARE DEEMED GENERAL OBLIGATION DEBT SERVICE FOR PURPOSES OF THE CONSTITUTIONAL DEBT SERVICE LIMIT ON THE STATE, TO PROVIDE THAT THE CALCULATION OF THE LIMITATION ON GENERAL OBLIGATION BONDED INDEBTEDNESS FOR FUTURE GENERAL OBLIGATION BOND ISSUES MUST INCLUDE THE PRINCIPAL BALANCE OF ANY OUTSTANDING FINANCING AGREEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-17-120 SO AS TO


Printed Page 1736 . . . . . Wednesday, March 15, 1995

PROVIDE THAT SCHOOL BONDS CALLED BEFORE MATURITY MAY BE REISSUED ONLY IF THE PAYOFF AMOUNT AND THE AMOUNT NECESSARY TO SERVICE THE REISSUED BONDS DOES NOT INCREASE BY MORE THAN EIGHT PERCENT IN A YEAR THE DEBT SERVICE ON THE ORIGINAL BONDED INDEBTEDNESS AND DOES NOT EXCEED THE DISTRICT'S DEBT LIMIT.

Rep. HARRELL moved to commit the Bill to the Ways and Means Committee.

Rep. SHEHEEN demanded the yeas and nays, which were not ordered.

The House refused to commit the Bill by a division vote of 39 to 41.

Rep. SHEHEEN moved to adjourn debate upon the Bill until Tuesday, March 21, which was adopted.

H. 3736--DEBATE ADJOURNED

The following Bill was taken up.

H. 3736 -- Reps. H. Brown, Wofford, Law, Dantzler and Williams: A BILL TO AMEND SECTION 5-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGING MUNICIPAL CORPORATE LIMITS BY PETITION OF SEVENTY-FIVE PERCENT OR MORE OF LANDOWNERS, SO AS TO PROVIDE THAT ANNEXATION OF REAL PROPERTY IN A MULTI-COUNTY PARK TITLED IN THE NAME OF A POLITICAL SUBDIVISION OF THE STATE REQUIRES THE CONSENT OF THE GOVERNING BODY OF THE POLITICAL SUBDIVISIONS HOLDING TITLE.

Rep. H. BROWN explained the Bill.

Rep. ROGERS moved to adjourn debate upon the Bill until Thursday, March 16, which was adopted.

H. 3775--DEBATE ADJOURNED

Rep. THOMAS moved to adjourn debate upon the following Bill until Thursday, March 16, which was adopted.

H. 3775 -- Reps. H. Brown, Wofford, Williams, Law and Dantzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1275 SO AS TO ALLOW CREDITS AGAINST THE CORPORATE INCOME TAX, CORPORATE LICENSE TAX, SALES AND USE TAX, LOCAL OPTION SALES AND USE


Printed Page 1737 . . . . . Wednesday, March 15, 1995

TAX, AND SIMILAR TAXES FOR A TAXPAYER CONSTRUCTING OR OPERATING A QUALIFIED RECYCLING FACILITY AND TO DEFINE "QUALIFIED RECYCLING FACILITY" AND OTHER TERMS ASSOCIATED WITH THIS CREDIT; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE IN LIEU OF TAXES, SO AS TO PROVIDE SPECIAL PROVISIONS FOR A FEE IN LIEU AGREEMENT FOR A PROJECT THAT IS A QUALIFIED RECYCLING FACILITY; TO AMEND SECTION 12-7-1200, RELATING TO THE ACCOUNTING BASIS OF INCOME TAX RETURNS, SO AS TO AUTHORIZE SEPARATE ACCOUNTING FOR THE BUSINESS ACTIVITIES OF A TAXPAYER BUILDING OR OPERATING A QUALIFIED RECYCLING FACILITY WITH THE APPROVAL OF THE DEPARTMENT OF REVENUE AND TAXATION AFTER THE CERTIFICATION OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT PROPERTY AND FUELS USED BY OR FOR A QUALIFIED RECYCLING FACILITY.

H. 3185--OBJECTIONS WITHDRAWN

Reps. LIMBAUGH, FAIR, MARCHBANKS and FLEMING withdrew their objections to the following Bill.

H. 3185 -- Reps. P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-35-13 SO AS TO PROVIDE THAT NO VULNERABLE ADULT MAY BE CONSIDERED ABUSED OR NEGLECTED FOR THE SOLE REASON THAT THE VULNERABLE ADULT IS BEING FURNISHED NONMEDICAL REMEDIAL TREATMENT BY SPIRITUAL MEANS.

H. 3228--OBJECTIONS WITHDRAWN

Reps. CARNELL, R. SMITH and FLEMING withdrew their objections to H. 3228 however, other objections remained upon the Bill.


Printed Page 1738 . . . . . Wednesday, March 15, 1995

H. 3647--RECONSIDERED

The motion of Rep. COTTY to reconsider the vote whereby the following Bill was continued was taken up.

H. 3647 -- Ways and Means Committee: A BILL TO SUSPEND THE LIMITATION ON GENERAL FUND APPROPRIATIONS PROVIDED PURSUANT TO SECTION 11-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, BEGINNING WITH APPROPRIATIONS FOR FISCAL YEAR 1995-96, TO PROVIDE FOR THE USE OF THE ADDITIONAL REVENUE FOR PROPERTY TAX RELIEF AND FOR THE CONTINUED SUSPENSION OF THE LIMITATION UNTIL SUFFICIENT RECURRING REVENUES ARE AVAILABLE FOR THE STATE PROPERTY TAX RELIEF FUND TO REPLACE OPERATING PROPERTY TAX REVENUES ON OWNER-OCCUPIED RESIDENTIAL PROPERTY, AND TO PROVIDE FOR THE REINSTATEMENT OF THE LIMITATION WHEN THESE RECURRING REVENUES ARE AVAILABLE.

Rep. SHEHEEN moved to table the motion to reconsider.

Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:

Yeas 50; Nays 66

Those who voted in the affirmative are:

Anderson         Askins           Boan
Breeland         Brown, G.        Brown, J.
Brown, T.        Byrd             Canty
Carnell          Cave             Clyburn
Cobb-Hunter      Cromer           Delleney
Govan            Harris, J.       Harris, P.
Hines            Hodges           Howard
Inabinett        Kennedy          Kinon
Kirsh            Lloyd            Martin
McAbee           McCraw           McElveen
McMahand         McTeer           Moody-Lawrence
Neal             Neilson          Phillips
Rhoad            Rogers           Scott
Sheheen          Spearman         Stoddard
Stuart           Tucker           Whipper, L.


Printed Page 1739 . . . . . Wednesday, March 15, 1995

Whipper, S.      White            Wilder
Wilkes           Williams

Total--50

Those who voted in the negative are:

Allison          Bailey           Baxley
Brown, H.        Cain             Cato
Chamblee         Cotty            Dantzler
Davenport        Easterday        Elliott
Fair             Felder           Fleming
Fulmer           Gamble           Hallman
Harrell          Harwell          Haskins
Herdklotz        Hutson           Jaskwhich
Jennings         Keegan           Kelley
Keyserling       Klauber          Knotts
Koon             Lanford          Law
Limbaugh         Limehouse        Littlejohn
Marchbanks       Mason            Meacham
Quinn            Rice             Richardson
Riser            Robinson         Sandifer
Seithel          Sharpe           Shissias
Simrill          Smith, D.        Smith, R.
Thomas           Townsend         Tripp
Trotter          Vaughn           Waldrop
Walker           Wells            Whatley
Wilkins          Wofford          Worley
Wright           Young, A.        Young, J.

Total--66

So, the House refused to table the motion to reconsider.

The question then recurred to the motion to reconsider.


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