Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index

| Printed Page 5040, June 13 | Printed Page 5060, June 26 |

Printed Page 5050 . . . . . Wednesday, June 26, 1996

Part II

Part II, Section 64, page II-65, -Insurance Fraud - I am vetoing Section 64 because it eliminates a resource directed to support investigation and prosecution of insurance fraud.

Part II, Section 79, pages II-73 and II-74, -Qualifications for 4% Assessment Ratio - I am vetoing Section 79 because it was passed in other, separate legislation.

Part II, Section 84, pages II-76 and II-77, -Greige Mills Machinery and Equipment Tax Exemption - I am vetoing Section 84 because it was passed in other, separate legislation.

Part II, Section 101, page II-85 and II-86, -County Delegation Payments in Lieu of the Provision of Office Space - I am vetoing Section 101 because the question of local governments providing office space for local legislative delegations is addressed in current law.

For these reasons, I veto these items.

Sincerely,
David M. Beasley

VETO 1--SUSTAINED

Part IA, Section 17B, B&C-Division of Operations, page 67, line 40, -OTHER PERSONAL SERVICE 30,000.

Rep. FELDER explained the veto.

The question was put, shall the item 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 0; Nays 67

Those who voted in the affirmative are:

Total--0

Those who voted in the negative are:

Allison              Baxley               Beck
Boan                 Brown, G.            Brown, J.
Byrd                 Cain                 Cato
Cave                 Chamblee             Clyburn
Cotty                Easterday            Felder
Gamble               Govan                Harrell

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Harris, J.           Haskins              Herdklotz
Hines, M.            Hodges               Hutson
Keegan               Kelley               Kinon
Kirsh                Knotts               Koon
Lanford              Limehouse            Littlejohn
Lloyd                Loftis               Marchbanks
Mason                McAbee               McCraw
McKay                Meacham              Neal
Phillips             Rhoad                Rice
Richardson           Riser                Robinson
Scott                Seithel              Sharpe
Sheheen              Simrill              Smith, R.
Spearman             Stuart               Tripp
Trotter              Vaughn               Wells
Whatley              White                Wilder
Wilkins              Witherspoon          Wright
Young-Brickell       

Total--67

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

RECORD FOR VOTING

I was not in the Chamber when the vote was taken on Veto 1 of the Appropriations Act, Part IA, Section 17B, Page 67, Line 40. Had I been in the Chamber, I would have voted to sustain the veto.

Rep. L. HUNTER LIMBAUGH

VETO 2--SUSTAINED

Part IB, Section 11, Attorney General's Office, page 407, proviso 11.10.

The question was put, shall the item 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 0; Nays 62

Those who voted in the affirmative are:

Total--0
Printed Page 5052 . . . . . Wednesday, June 26, 1996

Those who voted in the negative are:

Allison              Anderson             Baxley
Beck                 Boan                 Brown, J.
Byrd                 Cain                 Cato
Cave                 Chamblee             Cotty
Davenport            Delleney             Easterday
Felder               Gamble               Hallman
Harrell              Hines, M.            Hodges
Hutson               Keegan               Kelley
Kinon                Kirsh                Knotts
Koon                 Lee                  Limbaugh
Littlejohn           Lloyd                Loftis
Marchbanks           Mason                McAbee
McKay                McTeer               Meacham
Rhoad                Rice                 Richardson
Robinson             Seithel              Sharpe
Simrill              Smith, R.            Spearman
Stuart               Tripp                Trotter
Vaughn               Waldrop              Walker
Wells                Whatley              Wilder
Wilkins              Witherspoon          Wright
Young                Young-Brickell       

Total--62

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

VETO 3--SUSTAINED

Part II, Section 64, page II-65, -Insurance Fraud

Rep. FELDER explained the veto.

The question was put, shall the item 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 75

Those who voted in the affirmative are:

Knotts

Total--1
Printed Page 5053 . . . . . Wednesday, June 26, 1996

Those who voted in the negative are:

Allison              Bailey               Baxley
Beck                 Boan                 Breeland
Brown, G.            Brown, H.            Brown, J.
Byrd                 Cain                 Cato
Chamblee             Clyburn              Cooper
Cotty                Cromer               Davenport
Delleney             Easterday            Felder
Gamble               Govan                Harrell
Harris, J.           Hines, M.            Hodges
Howard               Hutson               Inabinett
Keegan               Kelley               Keyserling
Kirsh                Koon                 Law
Limbaugh             Limehouse            Littlejohn
Lloyd                Loftis               Marchbanks
McAbee               McCraw               McElveen
McKay                McMahand             Meacham
Neilson              Rhoad                Rice
Richardson           Riser                Robinson
Sandifer             Scott                Sharpe
Sheheen              Simrill              Smith, D.
Smith, R.            Spearman             Stuart
Townsend             Tripp                Trotter
Vaughn               Waldrop              Wells
Whatley              Wilder               Wilkins
Witherspoon          Wright               Young-Brickell

Total--75

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

RECORD FOR VOTING

I would like to be recorded as voting to sustain Veto 3 on H. 4600. I was unable to do so because of a malfunction with my roll call key.

Rep. J.M. KNOTTS, JR.

VETO 4--SUSTAINED

Part II, Section 79, pages II-73 and II-74,


Printed Page 5054 . . . . . Wednesday, June 26, 1996

The question was put, shall the item 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 0; Nays 77

Those who voted in the affirmative are:

Total--0

Those who voted in the negative are:

Bailey               Baxley               Beck
Boan                 Breeland             Brown, H.
Brown, J.            Byrd                 Cain
Cato                 Cave                 Chamblee
Clyburn              Cooper               Cotty
Davenport            Delleney             Easterday
Felder               Gamble               Govan
Harrell              Harris, J.           Harris, P.
Haskins              Hines, M.            Hodges
Howard               Hutson               Keegan
Kelley               Kennedy              Keyserling
Kinon                Kirsh                Knotts
Koon                 Law                  Lee
Limbaugh             Limehouse            Loftis
Marchbanks           Martin               McAbee
McCraw               McElveen             McKay
Meacham              Neal                 Neilson
Phillips             Rhoad                Rice
Robinson             Sandifer             Scott
Seithel              Sheheen              Simrill
Smith, D.            Smith, R.            Spearman
Stuart               Townsend             Tripp
Trotter              Vaughn               Waldrop
Walker               Whatley              Wilder
Wilkins              Williams             Wofford
Wright               Young-Brickell       

Total--77

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


Printed Page 5055 . . . . . Wednesday, June 26, 1996

VETO 5--SUSTAINED

Part II, Section 84, pages II-76 and II-77,

The question was put, shall the item 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 0; Nays 78

Those who voted in the affirmative are:

Total--0

Those who voted in the negative are:

Bailey               Baxley               Beck
Boan                 Brown, G.            Brown, H.
Brown, J.            Byrd                 Cato
Cave                 Chamblee             Clyburn
Cooper               Cotty                Dantzler
Davenport            Delleney             Easterday
Felder               Gamble               Hallman
Harrell              Harris, J.           Harris, P.
Haskins              Herdklotz            Hines, J.
Hines, M.            Hodges               Hutson
Inabinett            Keegan               Kelley
Keyserling           Kirsh                Knotts
Koon                 Lanford              Law
Limbaugh             Limehouse            Lloyd
Marchbanks           Martin               Mason
McAbee               McCraw               McElveen
McKay                McMahand             Meacham
Neilson              Phillips             Rhoad
Rice                 Richardson           Riser
Robinson             Sandifer             Sharpe
Sheheen              Simrill              Smith, R.
Spearman             Stuart               Townsend
Trotter              Vaughn               Waldrop
Walker               Wells                Whatley
Wilkins              Williams             Witherspoon
Wofford              Wright               Young-Brickell

Total--78
Printed Page 5056 . . . . . Wednesday, June 26, 1996

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

VETO 6--SUSTAINED

Part II, Section 101, page II-85 and II-86,

Reps. BAILEY and SHEHEEN spoke against the veto.

Rep. HUTSON spoke in favor of the veto.

Reps. G. BROWN and BAILEY spoke against the veto.

The question was put, shall the item 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 41; Nays 60

Those who voted in the affirmative are:

Anderson             Bailey               Baxley
Breeland             Brown, G.            Brown, J.
Byrd                 Cave                 Clyburn
Cobb-Hunter          Dantzler             Govan
Hallman              Harris, P.           Hines, J.
Hines, M.            Howard               Inabinett
Keyserling           Kinon                Lanford
Law                  Lloyd                Martin
McAbee               McElveen             McMahand
McTeer               Neal                 Neilson
Richardson           Scott                Seithel
Sheheen              Whatley              Whipper, L.
Whipper, S.          White                Williams
Wofford              Young-Brickell

Total--41

Those who voted in the negative are:

Allison              Beck                 Boan
Brown, H.            Cain                 Cato
Chamblee             Cooper               Cotty
Delleney             Easterday            Felder
Gamble               Harrell              Harris, J.
Haskins              Herdklotz            Hodges
Hutson               Jennings             Keegan

Printed Page 5057 . . . . . Wednesday, June 26, 1996

Kelley               Kirsh                Knotts
Koon                 Limbaugh             Limehouse
Littlejohn           Loftis               Marchbanks
Mason                McCraw               McKay
Meacham              Phillips             Rhoad
Rice                 Riser                Robinson
Sandifer             Sharpe               Shissias
Simrill              Smith, D.            Smith, R.
Spearman             Stuart               Townsend
Tripp                Trotter              Vaughn
Waldrop              Walker               Wells
Wilder               Wilkes               Wilkins
Witherspoon          Wright               Young

Total--60

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

R. 524; H. 4717--GOVERNOR'S VETO OVERRIDDEN

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 19, 1996
The Honorable David H. Wilkins
Speaker of the House of Representatives
P.O. Box 11867
Columbia, S.C. 29211

Dear Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 4717, R. 524, an Act:

TO AMEND SECTION 44-96-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS USED FOR GRANTING PERMITS TO PERSONS TO OPERATE A SOLID WASTE MANAGEMENT FACILITY, SO AS TO ALLOW THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE PERMITS FOR SHORT-TERM STRUCTURAL FILLS AND TO DEFINE TERMS.

This Bill would exempt persons who wish to construct a short-term structural landfill from the requirement that the landfill be consistent with applicable solid waste plans. The South Carolina Solid Waste Policy and Management Act of 1991 required the State and every county, either alone


Printed Page 5058 . . . . . Wednesday, June 26, 1996

or in cooperation with other counties, to prepare comprehensive solid waste management plans. Now that these plans have been developed and are being implemented, it would be inappropriate for state law to determine that those plans will not be followed for a category of landfills.

For the above reasons, I am vetoing H. 4717, R. 524.

Sincerely,
David M. Beasley

Rep. SHARPE spoke against the veto.

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 88; Nays 0

Those who voted in the affirmative are:

Bailey               Baxley               Beck
Boan                 Brown, G.            Brown, H.
Brown, J.            Cain                 Cato
Chamblee             Clyburn              Cooper
Cromer               Dantzler             Davenport
Delleney             Easterday            Felder
Gamble               Govan                Hallman
Harrell              Harris, J.           Haskins
Herdklotz            Hines, J.            Hines, M.
Hodges               Howard               Hutson
Jaskwhich            Jennings             Keegan
Kelley               Keyserling           Kinon
Knotts               Koon                 Lanford
Law                  Lee                  Limbaugh
Limehouse            Littlejohn           Lloyd
Loftis               Marchbanks           Mason
McAbee               McCraw               McElveen
McKay                McMahand             McTeer
Meacham              Neilson              Phillips
Rhoad                Rice                 Richardson
Riser                Robinson             Sandifer
Scott                Seithel              Sharpe
Sheheen              Shissias             Simrill
Smith, R.            Spearman             Stuart

Printed Page 5059 . . . . . Wednesday, June 26, 1996

Townsend             Tripp                Trotter
Vaughn               Waldrop              Walker
Whatley              Whipper, L.          Wilder
Wilkes               Wilkins              Witherspoon
Wofford              Wright               Young
Young-Brickell       

Total--88

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.

STATEMENT FOR HOUSE JOURNAL

ABSTENTION FROM VOTING

BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Bill #: 4717 General Subject Matter: Landfill and Trash Facilities - on the vote to override permitting the Governor's veto

The reason for abstaining on the above reference legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year. I abstained because my law partner advises he has a client purchasing land with intent to seek permits from state and counties for operating a construction debris landfill.

Rep. WILLIAM F. COTTY

STATEMENT BY REP. WHITE

Rep. WHITE made a statement relative to Reps. McTEER, RICHARDSON and KEYSERLING's service in the House.

SPEAKER PRO TEMPORE IN CHAIR


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