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(C) The governing body of a political subdivision may not increase in any one year a fee it imposes by more than the consumer price index.

(D) (1) Except as provided in items (2) and (4) the governing body of a political subdivision may not impose any new fee except by referendum and any new fee may only be imposed to provide a specific service or for the completion of a specific project. In the case of a fee imposed for a specific project, the fee must be removed when the project is complete.

(2) No referendum is required for the imposition of a new fee to comply with a judicial, legislative, or regulatory mandate first applying after June 30, 1996, but before such a fee may be imposed, the governing body of the imposing political subdivision shall provide for a public hearing on the fee with at least thirty days' advance notice to the public.

(3) No fee may be imposed that results in overlapping impositions on the same payors for similar services or projects.

(4) No referendum is required for the governing body of a political subdivision to impose a new fee to meet expenses incurred by the political subdivision as a result of a natural disaster if the causative event was certified a natural disaster by the Governor.

(E) The provisions of this section are cumulative to any other provision of law limiting the revenue raising power of political subdivisions of this State and the provisions of this section may not be construed to amend or repeal any existing provision of law limiting the revenue raising power to the extent those limitations are more restrictive than the provisions of this section."

SECTION 1. The following provisions of this section take effect upon approval by the Governor or as otherwise provided:

Part II, Section 6

Part IV.

The remaining provisions of this section take effect July 1, 1996, or as otherwise provided but only upon the certification of the State Election Commission to the Code Commissioner and the Department of Revenue and Taxation of a majority "yes" vote in the referendum provided by this section./

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator PASSAILAIGUE moved that the amendment be adopted.

Senator LEATHERMAN argued contra to the adoption of the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan             Glover           Hayes

Jackson           Patterson        Smith, J.V.

Alexander         Cork             Courson

Courtney          Elliott          Ford

Giese             Gregory          Holland

Lander            Leatherman       Martin

Matthews          McConnell        Mescher

Moore             Passailaigue     Peeler

Reese             Richter          Rose

Russell           Ryberg           Saleeby

Setzler           Short            Stilwell

Thomas            Waldrep          Washington

Wilson

The amendment was adopted.

We voted not to table solely to give voters an opportunity to vote on taxes without an immediate diversion of revenue from property tax relief; but we are still concerned this is a tax shift and not real reduction as proposed by Governor Beasley and approved by the House. Another concern deriving from the Policy Council lawsuit before the Supreme Court is that trust funds can be diverted to spending other than designated.

Senator MOORE moved to adjourn debate on the Bill.

Debate was adjourned on the Bill.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

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.

On motion of Senator COURSON, the Bill was recalled from the Committee on Judiciary.

On motion of Senator COURSON, the Bill was ordered placed on the Calendar.

S. 456 -- Senators McConnell and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-115 SO AS TO PROVIDE THAT A FAMILY COURT-APPOINTED GUARDIAN AD LITEM IS IMMUNE FROM LIABILITY FOR ACTS OR OMISSIONS RELATING TO THE COURT APPOINTMENT; AND TO REPEAL SECTION 20-7-127 RELATING

Senator STILWELL moved that the Bill be made a Special Order.

The Bill was made a Special Order.

On motion of Senator MOORE, the Senate agreed to dispense with the balance of the Motion Period.

THE SENATE PROCEEDED TO THE SPECIAL ORDER.

H. 3096 -- Reps. Thomas, Marchbanks, Simrill, Cromer, Walker, Vaughn, Wilder, Tripp, Elliott, Wells, Stille, Kelley, Richardson, Gamble, Stuart, Phillips, D. Smith, Law, Allison, Harrison, Keyserling, Tucker, Meacham, Shissias, Robinson, Baxley and Spearman: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIMES", SO AS TO INCLUDE THE CRIME OF HOMICIDE BY CHILD ABUSE.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator HOLLAND spoke on the Bill.

Debate was interrupted by adjournment.

On motion of Senator STILWELL, with unanimous consent, the following appointments were recalled and confirmed.

Having received a favorable report from the Committee on Judiciary, on motion of Senator STILWELL, the following appointments were confirmed in open session:

Initial Appointments, Southeast Interstate Low-Level Radioactive Waste Management Compact Commission, with terms to commence February 21, 1995, and to expire coterminous with the Governor:

Governor's:

Ms. Elizabeth B. Partlow, Office of the Governor, Post Office Box 11369, Columbia, S.C. 29211 VICE Carl Roberts, Jr. (resigned)

Senator LEVENTIS, with unanimous consent, spoke on the appointments.

At 1:00 P.M., on motion of Senator HOLLAND, the Senate adjourned to meet tomorrow at 11:00 A.M.

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear the words of the Psalmist in Psalm 33 (vv. 1-4):

"Rejoice in the Lord, O you righteous.

Praise the Lord with the Lyre;

Make melody to Him with the harp...

Sing to Him a new song..."
Let us pray.

Lord of all the earth: it could have been springtime on our planet when the psalmist sang the "new song" of praise.

The world is so wonderful, so beautiful, and so fresh, and new, except for human relationships. That is our sad song!

We see, dear Lord, that the psalmist is more profound and realistic than the poet who said,

"God's in His Heaven,

And all's right with the world."

We believe that the psalmist knew better. All was not right then, nor is it any better today.

The thing that made a "new song" then, and now, is a new faith- trust relationship with the living God.

Even as You bring forth each Spring new buds and blossoms, the promise of new fruit, bring forth in our lives, by Your grace, a new spirit in human relationships, otherwise known as THE GRACE OF GOD.

Amen.

Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator GIESE moved that a call of the Senate be made. The following Senators answered the call:

Alexander         Bryan            Cork

Courtney          Drummond         Ford



Printed Page 2846 . . . . . Thursday, May 18,
1995

Giese             GregoryHayes

Holland           Lander           Leatherman

Leventis          Martin           Matthews

McConnell         McGill           Mescher

Moore             O'Dell           Passailaigue

Patterson         Peeler           Ryberg

Setzler           Short            Smith, G.

Smith, J.V.       Stilwell         Thomas

Waldrep           Washington       Williams

Wilson

A quorum being present, the Senate resumed.

Senators ELLIOTT, GLOVER, JACKSON, RANKIN, REESE, RICHTER, RUSSELL and SALEEBY recorded their presence subsequent to the Call of the Senate.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

(R79) S. 767 -- Senators Matthews and Williams: AN ACT TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF SECONDARY ROAD S-38-1840 IN ORANGEBURG COUNTY BETWEEN THE GATES AT EITHER END OF THE ORANGEBURG-WILKINSON HIGH SCHOOL.

May 17, 1995
Mr. President and Members of the Senate:

I am hereby returning without my approval S. 767, R. 79, an Act:
TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF SECONDARY ROAD S-38-1840 IN ORANGEBURG COUNTY BETWEEN THE GATES AT EITHER END OF THE ORANGEBURG-WILKINSON HIGH SCHOOL.

As with similar legislation I have vetoed, my concern is that S. 767, R. 79, 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.

Further, after the General Assembly passed this legislation but prior to its ratification, the Commission of the Department of Transportation removed this portion of road from the State Highway System.

For these reasons, I veto S. 767, R. 79.

Sincerely,
David M. Beasley

The veto of the Governor was taken up for immediate consideration.

Senator WILLIAMS moved that the veto of the Governor be overridden.

The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander         Bryan            Cork

Courson           Courtney         Drummond

Elliott           Ford             Giese

Glover            Gregory          Hayes

Holland           Jackson          Land

Lander            Leatherman       Leventis

Martin            Matthews         McConnell

McGill            Mescher          Moore

O'Dell            Passailaigue     Patterson

Peeler            Rankin           Reese



Printed Page 2848 . . . . . Thursday, May 18,
1995

Richter           RussellRyberg

Saleeby           Setzler          Short

Smith, G.         Smith, J.V.      Stilwell

Thomas            Waldrep          Washington

Williams          Wilson

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

(R80) S. 802 -- Senators Mescher, Rose and Richter: AN ACT TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING BERKELEY COUNTY TO THE GOVERNING BODY OF BERKELEY COUNTY.

May 17, 1995
Mr. President and Members of the Senate:

I am hereby returning without my approval S. 802, R. 80, an Act:
TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING BERKELEY COUNTY TO THE GOVERNING BODY OF BERKELEY COUNTY.

This veto is based on my belief that S. 802, R. 80 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." Also, this Bill addresses circumstances which could be dealt with by general legislation. Article III, Section 34

For the above reasons, I am returning S. 802, R. 80, without my signature.

Sincerely,
David M. Beasley

The veto of the Governor was taken up for immediate consideration.

Senator MESCHER moved that the veto of the Governor be overridden.

The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander         Bryan            Cork

Courson           Courtney         Drummond

Elliott           Ford             Giese

Glover            Gregory          Hayes

Holland           Jackson          Land

Lander            Leatherman       Leventis

Martin            Matthews         McConnell

McGill            Mescher          Moore

O'Dell            Passailaigue     Patterson

Peeler            Rankin           Reese

Richter           Russell          Ryberg

Saleeby           Setzler          Short

Smith, G.         Smith, J.V.      Stilwell

Thomas            Waldrep          Washington

Williams          Wilson

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