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| April 4, 1995
The Honorable Robert L. Peeler
President of the Senate
Post Office Box 142
Columbia, S.C. 29202
Dear Mr. President and Members of the Senate:
I am hereby returning without my approval S. 585, R. 27, an Act:
TO AMEND ACT 813 OF 1946, AS AMENDED, RELATING TO THE CREATION OF THE
SPARTANBURG MEMORIAL AUDITORIUM COMMISSION, SO AS TO CHANGE THE
COMPOSITION OF
THE COMMISSION.
This veto is based upon my belief that S. 585, R. 27 of 1995, is unconstitutional. It is clearly an act for a specific county or city. Article VIII, Section 7 states that "[n]o laws for a specific county shall be enacted;" similarly, Article VIII, Section 10 states that "[n]o laws for a specific municipality shall be enacted."
For the above reasons, I am returning S. 585, R. 27, without my signature.
Sincerely,
David M. Beasley
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:
Those who voted in the affirmative are:
Allison Beatty Lanford Smith, D. Wells
Those who voted in the negative are:
The following was received.
Columbia, S.C., April 6, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden
the veto by the Governor on R. 25, S. 494 by a vote of 45 to 0.
(R25) S. 494 -- Senator Courtney: AN ACT TO PROVIDE A MINIMUM DISTANCE WITHIN
WHICH A COMMERCIAL CONSTRUCTION, DEMOLITION, AND LAND-CLEARING LANDFILL
IN
SPARTANBURG COUNTY MAY NOT BE LOCATED FROM AN EXISTING AQUACULTURE FARM
OR
FACILITY AND TO PROVIDE EXCEPTIONS AND DEFINITIONS.
Very respectfully,
President
April 4, 1995
The Honorable Robert L. Peeler
President of the Senate
Post Office Box 142
Columbia, S.C. 29202
Dear Mr. President and Members of the Senate:
I am hereby returning without my approval S. 494, R. 25, an Act:
TO PROVIDE A MINIMUM DISTANCE WITHIN WHICH A COMMERCIAL CONSTRUCTION,
DEMOLITION, AND LAND-CLEARING LANDFILL IN SPARTANBURG COUNTY MAY NOT BE
LOCATED FROM AN EXISTING AQUACULTURE FARM OR FACILITY AND TO PROVIDE
EXCEPTIONS AND DEFINITIONS.
This veto is based upon my belief that S. 494, R. 25 of 1995, is
unconstitutional. It is clearly an act for a specific county. Article VIII,
Section 7 states that "[n]o laws for a specific county shall be
enacted."
Sincerely,
David M. Beasley
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:
Those who voted in the affirmative are:
Allison Beatty Lanford Wells
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3977 -- Rep. Davenport: A BILL TO AMEND ACT 172 OF 1969, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT BOARD OF FIRE AND RESCUE CONTROL, SO AS TO INCREASE THE MEMBERS ON THE BOARD FROM FIVE TO SEVEN AND TO PROVIDE FOR TERMS OF FOUR RATHER THAN SIX YEARS.
H. 3504 -- Reps. Delleney, Felder, Mason, Martin, Harrison, Elliott, Seithel, Hodges, Witherspoon, Jaskwhich, Limbaugh, Cain, Vaughn, Herdklotz, Fair, Rice, McCraw, Huff, Quinn, Haskins, Wilkins, Sheheen, Phillips, Wells and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-112 SO AS TO PROVIDE THAT IN DETERMINING INDIGENCY
Rep. DELLENEY explained the Bill.
H. 3758 -- Reps. Cotty and Kinon: A BILL TO AMEND SECTION 1-3-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO AUTHORIZE THE GOVERNOR, WITH THE CONSENT OF CONGRESS, TO ENTER INTO COMPACTS AND AGREEMENTS FOR THE DEPLOYMENT OF THE NATIONAL GUARD WITH GOVERNORS OF OTHER STATES CONCERNING DRUG INTERDICTION AND RELATED ACTIVITIES; AND BY ADDING SECTION 1-3-490 SO AS TO ADOPT THE NATIONAL GUARD MUTUAL ASSISTANCE COUNTERDRUG ACTIVITIES COMPACT TO PROVIDE FOR MUTUAL ASSISTANCE AND SUPPORT AMONG THE PARTY STATES IN THE UTILIZATION OF THE NATIONAL GUARD IN DRUG INTERDICTION, COUNTERDRUG ACTIVITIES, AND DEMAND REDUCTION ACTIVITIES.
Rep. COTTY explained the Bill.
On motion of Rep. BEATTY, with unanimous consent, it was ordered that H. 3977 be read the third time tomorrow.
On motion of Rep. COTTY, with unanimous consent, it was ordered that H. 3758 be read the third time tomorrow.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 3733 -- Reps. Elliott, Inabinett, G. Brown, Neilson, Hines, Cain, Wright, Lloyd, Littlejohn, Jaskwhich, T. Brown, Govan, Stoddard, Bailey, Jennings, Rhoad, Phillips, Meacham, Kinon, Davenport and Chamblee: A BILL TO AMEND SECTION 27-40-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO
The following Bill was taken up.
H. 3578 -- Reps. Wilkins, McMahand, Tripp, Haskins, Walker, Littlejohn, Allison, Rice, Easterday, D. Smith, Davenport, Jaskwhich, Herdklotz, Wells, Lanford, Cato and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 5-3-15 AND 55-11-185 SO AS TO PROVIDE THAT THE REAL PROPERTY OWNED BY AN AIRPORT DISTRICT COMPRISED OF MORE THAN ONE COUNTY MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GOVERNING BODY OF THE DISTRICT, AND PROVIDE THAT THE REAL PROPERTY OWNED BY THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GREENVILLE-SPARTANBURG AIRPORT COMMISSION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1831DW.95), which was adopted.
Amend the bill, as and if amended, SECTION 1, Page 1, Section 5-3-15, Line 29, by striking /comprised/ and inserting /composed/. When amended, Section 5-3-15 as added in SECTION 1 shall read:
/"Section 5-3-15. No municipality may annex, under the provisions of this chapter, any real property owned by an airport district composed of more than one county without prior written approval of the governing body of the district."/
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. VAUGHN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\PT\1853DW.95), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . The 1976 Code is amended by adding:
"Section 55-11-220. No such airport district property shall be a barrier to the contiguity requirements for the purposes of annexation. Any municipality or political subdivision which is contiguous to property owned by such multi-county airport district may annex, as provided by
Renumber sections to conform.
Amend title to conform.
Rep. VAUGHN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. VAUGHN moved to adjourn debate upon the following Bill until Tuesday, April 18, which was adopted.
H. 3604 -- Reps. Wilkins, McMahand, Herdklotz, Haskins, Littlejohn, Wells, Rice, Jaskwhich, D. Smith, Tripp, Walker, Davenport, Fair, Allison, Lanford and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-11-220 SO AS TO CREATE AN AIRPORT ENVIRONS AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT AND PROVIDE THAT AN AIRPORT ENVIRONS AUTHORITY IS CREATED AND CONFERRED CERTAIN POWERS TO ENSURE COMPATIBLE LAND USE OF PROPERTY IN THE ENVIRONS AREA, PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, AND PROVIDE THAT IF THERE IS A CONFLICT BETWEEN THE POWERS CONFERRED ON THE AUTHORITY AND OTHER REGULATIONS APPLICABLE TO THE SAME AREA, THE PROVISIONS CONFERRED TO THE AUTHORITY PURSUANT TO THE PROVISIONS OF THIS ACT CONTROL.
The following Bill was taken up.
H. 3608 -- Reps. Govan, Beatty, Moody-Lawrence and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-485 SO AS TO PROVIDE A PROCEDURE FOR DESIGNATING CERTAIN MOTOR VEHICLES AS "WRECKAGE" OR "SALVAGE" IN A MANNER WHICH SUFFICES
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10051JM.95), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. the 1976 Code is amended by adding:
"Section 56-19-485. Notwithstanding any other provision of law, whenever any motor vehicle which qualifies as `wreckage' or `salvage' is transferred in this State pursuant to Section 56-19-480, whether the vehicle was, immediately before such transfer, titled in this State or in another state, the vehicle shall be designated as `wreckage' or `salvage', as may be applicable, to the extent necessary to inform the transferee of the exact condition of the vehicle. No wrecked or salvaged out-of-state vehicle or South Carolina-registered vehicle shall be registered under the laws of this State without such designation, and this designation must be applied to all subsequent transfers of the vehicle.
The provisions of this section apply to transfers of vehicles in all of the circumstances described in Section 56-19-480, whether the vehicle is `totaled', declared a total loss, `junked', or `salvaged'."/
Amend title to conform.
Rep. GAMBLE explained the amendment.
The amendment was then adopted.
Rep. ELLIOTT moved to table the Bill.
Rep. CATO demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Elliott Fulmer Hallman Harrell Harvin Lanford Limehouse Rhoad Robinson Seithel Sharpe Spearman
Allison Anderson Bailey Baxley Beatty Breeland Brown, H. Brown, J. Brown, T. Byrd Carnell Cato Chamblee Cobb-Hunter Cotty Dantzler Delleney Gamble Govan Harris, J. Harrison Harwell Hines Howard Inabinett Jaskwhich Keegan Kennedy Keyserling Kirsh Klauber Koon Law Lloyd Marchbanks McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Richardson Rogers Sandifer Scott Sheheen Shissias Stille Townsend Tripp Waldrop Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkins Witherspoon Wofford Young, A.
So, the House refused to table the Bill.
Reps. ELLIOTT, ROBINSON, LANFORD, RHOAD, SPEARMAN, SHARPE, R. SMITH, WRIGHT, GOVAN, SCOTT, HOWARD, MOODY-LAWRENCE, WHITE and KNOTTS objected to the Bill.
Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, April 20, which was adopted.
H. 3745 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-330 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT CREATED FOR HISTORICAL PRESERVATION TO CONVEY PROPERTY.
The following Bill was taken up.
H. 3624 -- Rep. Sharpe: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT ACT OF 1995 SO AS TO DEFINE ENVIRONMENTAL AUDITS AND AUDIT REPORTS AND TO CREATE A PRIVILEGE WITH REGARD TO CONTENTS OF THESE REPORTS AND TO PROVIDE EXCEPTIONS.
Reps. CROMER, ROGERS, COBB-HUNTER, L. WHIPPER, THOMAS, LLOYD, McELVEEN, BAXLEY, J. HARRIS, WHITE, SHISSIAS and BYRD objected to the Bill.
The following Joint Resolution was taken up.
H. 3242 -- Reps. Anderson, McMahand and Breeland: A JOINT RESOLUTION REQUIRING THE CHIEF INSURANCE COMMISSIONER TO RECOMMEND TO THE GENERAL ASSEMBLY LEGISLATIVE CHANGES THAT WILL ENCOURAGE A GREATER NUMBER OF INSURANCE COMPANIES TO OPERATE IN THIS STATE IN SUCH A MANNER AS TO FOSTER BROAD-BASED COMPETITION IN THE MARKET PLACE AND RESULT IN REDUCED PREMIUMS FOR THE STATE'S CONSUMERS.
Rep. RICHARDSON proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10164JM.95), which was adopted.
Amend the joint resolution, as and if amended, by adding an appropriately-numbered SECTION to read:
/SECTION . Section 38-3-70 of the 1976 Code, as last amended by Section 532 of Act 181 of 1993, is further amended to read:
"Section 38-3-70. The department shall annually submit to the General Assembly, through the Governor, a report of its official acts and doings, together with a report of all insurers under the department doing business in this State, with condensed statements of their reports made to it, together with a statement of all licenses, taxes, and fees received by it through insurers and paid by it to the State Treasurer. The department shall report to the General Assembly any change which in its opinion
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