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Printed Page 1390, Mar. 13
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| Referred to Committee on Education and Public Works.
The following was introduced:
H. 4744 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF REECE YON OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4745 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF MR. WILLIAM MARTIN CHAPMAN, JR., OF ANDERSON AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, H. Brown, J. Brown, T. Byrd Cain Carnell Cato Cave Chamblee Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Felder Fleming Fulmer Gamble Govan Hallman Harris, J. Harris, P. Harrison Haskins Herdklotz Hines, J. Hines, M. Howard Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Lloyd Loftis Marchbanks Martin Mason McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. White Wilder Wilkes Wilkins Williams Witherspoon Worley Wright Young Young-Brickell
STATEMENT OF ATTENDANCE I came in after the roll call and was present for the Session on Wednesday, March 13. Grady A. Brown Robert W. Harrell, Jr. Sandra S. Wofford William Clyburn Ralph W. Canty Lanny F. Littlejohn Jackson S. Whipper James H. Hodges
The SPEAKER granted Rep. LITTLEJOHN a temporary leave of absence.
Rep. McELVEEN signed a statement with the Clerk that he was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, March 12.
March 4, 1996
Mr. Speaker and Members of the House:
I am hereby returning without my approval S. 654, R. 242, an Act:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT THE TEMPORARY MINIBOTTLE PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN AN AREA OF A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX REVENUES IN EXCESS OF SIX MILLION DOLLARS AND WHICH BY REFERENDUM HAS AUTHORIZED THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180 AND IF A REFERENDUM APPROVING THESE PERMITS IS HELD IN THE AFFECTED AREA OF THE COUNTY AND THE COUNTY IN WHICH THE REFERENDUM IS TO BE HELD HAS ANNUAL ACCOMMODATIONS TAX REVENUES IN EXCESS OF FIVE HUNDRED THOUSAND DOLLARS.
The purpose of the provision in Section 61-5-180 that allows a county or municipality to hold a referendum on the issue of Sunday alcohol sales is to give every county and municipality in the State the right to determine for itself whether or not to have Sunday alcohol sales. The bill would completely vitiate that right.
The referendum language contained in the bill concerns me in that it allows the specific area affected to be defined in the petition seeking the referendum. The way the language is written, any area east of the intracoastal waterway in an affected county may hold a referendum to approve Sunday alcohol sales.
Additionally, the affected county would be required to pay the expenses for these referenda that will only affect a small portion of the county. This is an unfunded mandate to the counties and the cost will be borne by all taxpayers.
Finally, if this bill becomes law, it will open the door for various other communities around the State to ask the General Assembly to enact similar special legislation in an effort to circumvent the existing general law.
For the reasons listed above, I am vetoing S. 654, R. 242 of 1996.
Sincerely,
David M. Beasley
Reps. THOMAS and KELLEY spoke against the veto.
Rep. HASKINS spoke in favor of the veto.
1Section 61-5-180 authorizes temporary permits for Sunday alcohol sales in counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits.
Those who voted in the affirmative are:
Bailey Breeland Brown, T. Cave Cobb-Hunter Fulmer Hallman Hutson Keegan Kelley Kinon Martin McAbee McTeer Rogers Thomas Tucker Whipper, L. Whipper, S. Williams Witherspoon Worley
Those who voted in the negative are:
Allison Anderson Baxley Brown, G. Brown, H. Brown, J. Cain Cato Chamblee Cotty Davenport Delleney Easterday Elliott Felder Fleming Gamble Harris, J. Haskins Herdklotz Hines, M. Howard Inabinett Jennings Kennedy Kirsh Klauber Knotts Koon Law Lee Limbaugh Lloyd Loftis Marchbanks McCraw McKay McMahand Meacham Neal Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, R. Stoddard Tripp Vaughn Waldrop Walker Wells Whatley Wilder
Wilkins Wright Young Young-Brickell
So, having failed to receive the necessary vote, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., March 7, 1996
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. 259, S. 804 by a vote of 44 to 0.
(R259) S. 804 -- Senators Rose, McConnell and Mescher: AN ACT TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.
Very respectfully,
President
Rep. BAILEY moved to adjourn debate upon the veto message until Wednesday, March 27, which was adopted.
The following Bill was taken up.
H. 4625 -- Reps. Phillips and McCraw: A BILL TO AMEND ACT 587 OF 1992, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1, SO AS TO REVISE THE DATES OF THE FILING PERIOD WHEN CANDIDATES MAY FILE WRITTEN DECLARATIONS OF CANDIDACY.
Rep. TOWNSEND spoke against the Senate amendments.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 1204 -- Senators Hayes and Gregory: A BILL TO AMEND SECTION 7-7-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO DELETE THE FORT MILL NO. 2 PRECINCT AND REVISE THE MAP DOCUMENT NUMBER ON THE OFFICIAL MAP ON WHICH THE LINES OF THE PRECINCTS ARE DELINEATED.
S. 1220 -- Senator Matthews: A BILL TO AMEND SECTION 7-7-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ORANGEBURG COUNTY, SO AS TO AUTHORIZE THE ORANGEBURG COUNTY ELECTION COMMISSION TO DETERMINE THE POLLING PLACE FOR EACH PRECINCT WITH THE APPROVAL OF A MAJORITY OF THE SENATORS AND A MAJORITY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES REPRESENTING ORANGEBURG COUNTY.
S. 599 -- Senator Thomas: A BILL TO AMEND SECTION 43-33-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., SO AS TO AUTHORIZE THE BOARD TO CHANGE ITS CORPORATE NAME IN THE SAME MANNER AS ANY OTHER NONPROFIT CORPORATION AND TO PROVIDE THAT THE POWERS AND DUTIES OF THE SYSTEM ARE CONSIDERED THE POWERS AND DUTIES OF A SUCCESSOR CORPORATION.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 4721 -- Reps. Davenport and Littlejohn: A BILL TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE NUMBER OF MEMBERS ON THE GOVERNING BOARD FROM THREE TO FIVE.
The Senate amendments to the following Joint Resolution were taken up for consideration.
H. 4471 -- Reps. Cato, Vaughn, Easterday, Tripp and Rice: A JOINT RESOLUTION TO PROVIDE FOR A REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1996 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY FAVOR SUBDIVIDING THE DISTRICT INTO THREE OR MORE SEPARATE SCHOOL DISTRICTS AND REQUIRING THE CHAIRMAN OF THE GREENVILLE COUNTY LEGISLATIVE DELEGATION TO SUBMIT A PLAN OF SUBDIVISION DEVELOPED BY THE DELEGATION TO THE QUALIFIED ELECTORS OF THE DISTRICT IN 1998 FOR THEIR APPROVAL IF THE RESULTS OF THE 1996 REFERENDUM ARE IN FAVOR OF SUBDIVIDING THE DISTRICT.
Amend the Joint Resolution, as and if amended in SECTION 1, by adding a new subsection to be appropriately lettered, immediately following subsection (B) which begins on line 5, page 2, to read:
/( ) In addition to the question provided in subsection (B) above, the following additional question also shall be put before the qualified electors of the district at the 1996 advisory referendum:
"Do you favor a twelve-member board elected from defined single-member election districts for the composition of the Board of Trustees of the School District of Greenville County which is the manner it is presently constituted as opposed to a combination of at-large and single-member representation?"
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word "Yes", and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word "No"./
Renumber sections and subsections to conform.
Amend totals and title to conform.
The Senate amendments, as amended, were then agreed to and the Joint Resolution ordered returned to the Senate.
Rep. FLEMING moved that the House recur to the morning hour, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4747 -- Rep. D. Smith: A BILL TO AMEND ACT 318 OF 1965, AS AMENDED, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO REQUIRE ALL MEMBERS OF THE BOARD OF FIRE CONTROL OF THE DISTRICT TO BE ELECTED IN A NONPARTISAN ELECTION TO BE CONDUCTED AT THE TIME OF THE GENERAL ELECTION, TO PROVIDE FOR THE STAGGERING OF TERMS, AND THE MANNER OF ELECTION, AND DELETE THE PROVISION REQUIRING A
On motion of Rep. D. SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4748 -- Reps. Keyserling, Richardson, S. Whipper, Stuart and Haskins: A BILL TO AMEND TITLE 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 SO AS TO ENACT THE UNIFORM TRANSFER ON DEATH SECURITY REGISTRATION ACT WHICH PERMITS A PERSON TO REGISTER A SECURITY IN BENEFICIARY FORM THEREBY INDICATING HIM AS THE PRESENT OWNER WITH A DESIGNATION OF A BENEFICIARY TO TAKE OWNERSHIP AT HIS DEATH.
Referred to Committee on Labor, Commerce and Industry.
The following was introduced:
H. 4749 -- Reps. Quinn, Harrison, Scott, Rogers, Wilkins, Cromer, Koon, Gamble and Riser: A CONCURRENT RESOLUTION RECOGNIZING PHIL CHAPPELL OF RICHLAND COUNTY FOR HIS OUTSTANDING SERVICE TO CLEMSON UNIVERSITY AND THE GREATER COLUMBIA CLEMSON CLUB.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Further proceedings were interrupted by the Joint Assembly.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
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