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 4800, June 13 | Printed Page 4820, June 13 |

Printed Page 4810 . . . . . Tuesday, June 13, 1995

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 13, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 102, S. 368 by a vote of 0 to 42.
(R102) S. 368 -- Senator Land: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-8-125 SO AS TO AUTHORIZE A MEMBER OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE AND ELIGIBLE TO RECEIVE RETIREMENT BENEFITS FROM THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY BUT FOR THE MEMBER'S CURRENT EMPLOYMENT AS A JUDGE OR SOLICITOR TO ELECT TO RECEIVE THESE BENEFITS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 9-9-55 SO AS TO ALLOW A MEMBER OF THE GENERAL ASSEMBLY SERVING ANY PART OF A YEAR TO ESTABLISH CREDIT FOR THE FULL YEAR UNDER THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY BY PAYING THE FULL ACTUARIAL COST OF THE SERVICE.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 13, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has reconsidered the vote whereby the veto was sustained and has now overridden the veto by the Governor on R. 102, S. 368 by a vote of 40 to 0.


Printed Page 4811 . . . . . Tuesday, June 13, 1995

(R102) S. 368 -- Senator Land: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-8-125 SO AS TO AUTHORIZE A MEMBER OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE AND ELIGIBLE TO RECEIVE RETIREMENT BENEFITS FROM THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY BUT FOR THE MEMBER'S CURRENT EMPLOYMENT AS A JUDGE OR SOLICITOR TO ELECT TO RECEIVE THESE BENEFITS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 9-9-55 SO AS TO ALLOW A MEMBER OF THE GENERAL ASSEMBLY SERVING ANY PART OF A YEAR TO ESTABLISH CREDIT FOR THE FULL YEAR UNDER THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY BY PAYING THE FULL ACTUARIAL COST OF THE SERVICE.
Very respectfully,
President

R. 102, S. 368--GOVERNOR'S VETO OVERRIDDEN

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 12, 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. 368, R. 102, an Act:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-8-125 SO AS TO AUTHORIZE A MEMBER OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE AND ELIGIBLE TO RECEIVE RETIREMENT BENEFITS FROM THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY BUT FOR THE MEMBER'S CURRENT EMPLOYMENT AS A JUDGE OR SOLICITOR TO ELECT TO RECEIVE THESE BENEFITS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 9-9-55 SO AS TO ALLOW A MEMBER OF THE GENERAL ASSEMBLY SERVING ANY PART OF A YEAR TO ESTABLISH CREDIT FOR THE FULL YEAR UNDER THE


Printed Page 4812 . . . . . Tuesday, June 13, 1995

RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY BY PAYING THE FULL ACTUARIAL COST OF THE SERVICE.

I recognize and appreciate the continued service of individuals who are otherwise eligible for retirement. However, this legislation creates a special class of individuals who would be allowed to collect retirement benefits from a state retirement fund while at the same time being paid substantial state salaries. Other state employees who participate in state retirement systems are not offered this benefit. In addition, frequent changes in eligibility for retirement benefits undermine confidence in the state retirement systems.

For these reasons, I am returning S. 368, R. 102, 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:

Yeas 42; Nays 6

Those who voted in the affirmative are:

Anderson         Askins           Baxley
Cain             Carnell          Cobb-Hunter
Davenport        Easterday        Fair
Felder           Fleming          Gamble
Harris, J.       Haskins          Herdklotz
Hutson           Inabinett        Keegan
Kinon            Knotts           Koon
Lanford          Limbaugh         Lloyd
Mason            McAbee           McMahand
Meacham          Quinn            Rice
Riser            Scott            Sheheen
Shissias         Spearman         Tucker
Vaughn           Waldrop          Walker
Whatley          Wilkins          Witherspoon

Total--42



Printed Page 4813 . . . . . Tuesday, June 13, 1995

Those who voted in the negative are:
Cooper           Kirsh            Neilson
Robinson         Stuart           Trotter

Total--6

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

R. 207, H. 4230--GOVERNOR'S VETO OVERRIDDEN

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 12, 1995
Mr. Speaker and Members of the House:

I am hereby returning without my signature H. 4230, R.207, an Act:
TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE LAURENS COUNTY TRANSPORTATION COMMITTEE.

This veto is based upon my belief that the compensation of members of County Transportation Committees addressed by H. 4230, R. 207 of 1995, should be dealt with by general legislation.

For the above reason, I am returning H. 4230, R. 207, 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:

Yeas 3; Nays 0

Those who voted in the affirmative are:

Carnell          Stoddard         Wilder

Total--3

Those who voted in the negative are:

Total--0



Printed Page 4814 . . . . . Tuesday, June 13, 1995

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

R. 201; H. 4218--GOVERNOR'S VETO OVERRIDDEN

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 12, 1995
Mr. Speaker and Members of the House:

I am hereby returning without my signature H. 4218, R. 201, an Act:
TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE MCCORMICK COUNTY TRANSPORTATION COMMITTEE.

This veto is based on my belief that the compensation of members of County Transportation Committees addressed by H. 4218, R. 201 of 1995, should be dealt with by general legislation.

For the above reason, I am returning H. 4218, R. 201, 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:

Yeas 1; Nays 0

Those who voted in the affirmative are:

McAbee

Total--1

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.


Printed Page 4815 . . . . . Tuesday, June 13, 1995

R. 204; H. 4226--GOVERNOR'S VETO OVERRIDDEN

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 12, 1995
Mr. Speaker and Members of the House:

I am hereby returning without my signature H. 4226, R. 204, an Act:
TO AUTHORIZE THE MEMBERS OF THE ORANGEBURG COUNTY TRANSPORTATION COMMITTEE TO BE REIMBURSED MILEAGE FROM FUNDS AVAILABLE FOR ADMINISTRATIVE EXPENSES OF THE COMMITTEE AND TO PROVIDE FOR THE ALLOWABLE RATE.

This veto is based on my belief that the compensation of members of County Transportation Committees addressed by H. 4226, R. 204 of 1995, should be dealt with by general legislation.

For the above reason, I am returning H. 4226, R. 204, 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:

Yeas 5; Nays 0

Those who voted in the affirmative are:

Bailey           Cobb-Hunter      Felder
Govan            Stuart

Total--5

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.


Printed Page 4816 . . . . . Tuesday, June 13, 1995

R. 203; H. 4224--GOVERNOR'S VETO OVERRIDDEN

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 12, 1995
Mr. Speaker and Members of the House:

I am hereby returning without my signature H. 4224, R. 203, an Act:
TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE ABBEVILLE COUNTY TRANSPORTATION COMMITTEE.

This veto is based on my belief that the compensation of members of County Transportation Committees addressed by H. 4224, R. 203 of 1995, should be dealt with by general legislation.

For the above reason, I am returning H. 4224, R. 203, 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:

Yeas 4; Nays 0

Those who voted in the affirmative are:

Carnell          McAbee           Stille
Townsend

Total--4

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.


Printed Page 4817 . . . . . Tuesday, June 13, 1995

R. 202; H. 4219--GOVERNOR'S VETO OVERRIDDEN

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 12, 1995
Mr. Speaker and Members of the House:

I am hereby returning without my signature H. 4219, R. 202, an Act:
TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE GREENWOOD COUNTY TRANSPORTATION COMMITTEE.

This veto is based on my belief that the compensation of members of County Transportation Committees addressed by H. 4219, R. 202 of 1995, should be dealt with by general legislation.

For the above reason, I am returning H. 4219, R. 202, 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:

Yeas 4; Nays 0

Those who voted in the affirmative are:

Carnell          Klauber          McAbee
Stille

Total--4

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.


Printed Page 4818 . . . . . Tuesday, June 13, 1995

R. 187; H. 4089--GOVERNOR'S VETO OVERRIDDEN

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 12, 1995
Mr. Speaker and Members of the House:

I am hereby returning without my signature H. 4089, R. 187, an Act:
TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE CREATION OF THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO INCREASE THE MEMBERS OF THE COMMISSION FROM SEVEN TO ELEVEN.

This veto is based upon my belief that H. 4089, R. 187 of 1995, is unconstitutional. It is clearly an act for a specific county. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted."

Additionally, this act is virtually identical to S. 732, R. 78, an act which I vetoed on May 17, 1995.

For the above reasons, I am returning H. 4089, R. 187, 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:

Yeas 3; Nays 0

Those who voted in the affirmative are:

Carnell          McAbee           Stille

Total--3

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.


Printed Page 4819 . . . . . Tuesday, June 13, 1995

R. 131; H. 3023--GOVERNOR'S VETO SUSTAINED

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 12, 1995
Mr. Speaker and Members of the House:

I am hereby returning without my signature H. 3023, R. 131, an Act:
TO ENACT THE GIFT OF LIFE ORGAN AND TISSUE PROCUREMENT ACT OF 1995 BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-2414 SO AS TO PROVIDE FOR A DEDUCTION FROM STATE INCOME TAX REFUNDS OR A CONTRIBUTION TO BE ADDED TO STATE INCOME TAX PAYMENTS FOR THE SUPPORT OF THE GIFT OF LIFE TRUST FUND; BY ADDING ARTICLE 13 TO TITLE 44, CHAPTER 43, SO AS TO ESTABLISH THE GIFT OF LIFE TRUST FUND, TO PROVIDE FOR ITS BOARD OF DIRECTORS, DUTIES, AND FOR EXPENDITURE OF FUNDS; AND TO ADD SECTION 56-1-143 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE AND TAXATION SHALL OFFER PERSONS OBTAINING OR RENEWING A DRIVER'S LICENSE THE OPPORTUNITY TO CONTRIBUTE ONE DOLLAR TO THE GIFT OF LIFE TRUST FUND AND THESE FUNDS MUST BE CREDITED TO AN ACCOUNT IN THE STATE TREASURER'S OFFICE FOR USE BY THE TRUST FUND.

The need for organ and tissue donors is great, and organ and tissue donors truly give "the gift of life." However, this is not an issue that should be addressed by creating another government program. Private entities such as the Living Bank already provide public education programs and maintain donor data. In addition, I am concerned about the administrative costs of maintaining a state-run program.

For the above reasons, I am returning H. 3023, R. 131, without my signature.

Sincerely,
David M. Beasley

Rep. WALKER moved to adjourn debate upon the veto, which was rejected.

Rep. WALKER spoke against the veto.


| Printed Page 4800, June 13 | Printed Page 4820, June 13 |

Page Finder Index