Journal of the Senate
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 1620, Apr. 5 | Printed Page 1640, Apr. 6 |
Printed Page 1630 . . . . . Thursday, April 6, 1995
VETO OVERRIDDEN

(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.

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 4, 1995
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."

For the above reason, I am returning S. 494, R. 25, without my signature.

Sincerely,
David M. Beasley

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

Senator COURTNEY 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:

Ayes 45; Nays 0

AYES

Alexander         Bryan            Cork

Courson           Courtney         Drummond





Printed Page 1631 . . . . . Thursday, April 6,
1995



Elliott           FordGiese

Glover            Gregory          Hayes

Holland           Jackson          Land

Lander            Leatherman       Leventis

Martin            Matthews         McConnell

McGill            Mescher          Moore

O'Dell            Passailaigue     Patterson

Peeler            Rankin           Reese

Richter           Rose             Russell

Ryberg            Saleeby          Setzler

Short             Smith, G.        Smith, J.V.

Stilwell          Thomas           Waldrep

Washington        Williams         Wilson

TOTAL--45

NAYS
TOTAL--0



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

VETO OVERRIDDEN


(R27) S. 585 -- Senator Reese:  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.

STATE OF SOUTH CAROLINA



OFFICE OF THE GOVERNOR


April 4, 1995

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.





Printed Page 1632 . . . . . Thursday, April 6,
1995



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 veto of the Governor was taken up for immediate consideration.

Senator COURTNEY 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:


Ayes 45; Nays 0


AYES



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           Rose             Russell

Ryberg            Saleeby          Setzler

Short             Smith, G.        Smith, J.V.

Stilwell          Thomas           Waldrep

Washington        Williams         Wilson

TOTAL--45







Printed Page 1633 . . . . . Thursday, April 6,
1995




NAYS


TOTAL--0



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

MESSAGE FROM THE GOVERNOR



STATE OF SOUTH CAROLINA



OFFICE OF THE GOVERNOR


March 6, 1995

Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation.  This appointment is
made with the "advice and consent of the Senate," and is, therefore,
submitted for your consideration.

Respectfully,

David M. Beasley

Statewide Appointment


Initial Appointment, Prisoner of War Commission, with term to commence July 1,
1993, and to expire July 1, 1997:

6th Congressional District:

Mr. Harry Everett Thomas, Jr., 1008 Woodstone Drive, Florence, S.C.  29501-5555
VICE MG Jones E. Bolt


Received as information.

MESSAGE FROM THE GOVERNOR



STATE OF SOUTH CAROLINA



OFFICE OF THE GOVERNOR


April 5, 1995

Mr. President and Members of the Senate:

I respectfully withdraw from your consideration the appointments below:

Respectfully,

David M. Beasley



Printed Page 1634 . . . . . Thursday, April 6,
1995




Withdrawal Of Statewide Appointments


Reappointment, State Board of Pharmacy, with term to commence June 17, 1994,
and to expire June 30, 1999:

1st Congressional District:

Louis H. Hutto, Jr., R.Ph., Post Office Box 810, Georgetown, S.C.  29442


Referred to the Committee on Medical Affairs.


Reappointment, State Board of Pharmacy, with term to commence June 30, 1994, and
to expire June 30, 2000:

6th Congressional District:

Mr. Robert T. Moss, Jr., Moss Pharmacy, 804-E West Second Loop Road, Florence,
S.C.  29505-2825


Referred to the Committee on Medical Affairs.

Doctor of the Day


Senator PATTERSON introduced Dr. Gerald Wilson of Columbia, S.C., Doctor of the
Day.

H. 3361--CONFERENCE COMMITTEE APPOINTED



Message from the House


Columbia, S.C., April 6, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the
amendments proposed by the House to:

  H. 3361 -- Ways and Means Committee:  A JOINT RESOLUTION TO MAKE SUPPLEMENTAL
  APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.

asks for a Committee of Conference, and has appointed Reps. H. Brown, Keegan and
Kirsh of the committee on the part of the House.

Very respectfully,

Speaker of the House


Whereupon, the PRESIDENT appointed Senators J. VERNE SMITH, PASSAILAIGUE and PEELER
of the Committee of Conference on the part of the Senate and a message was sent to
the House accordingly.






Printed Page 1635 . . . . . Thursday, April 6,
1995




Message from the House


Columbia, S.C., April 5, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the
amendments proposed by the Senate to:

  H. 3775 -- Reps. H. Brown, Wofford, Williams, Law and Dantzler:  A BILL TO AMEND
  THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1275 SO AS TO
  ALLOW CREDITS AGAINST THE CORPORATE INCOME TAX, CORPORATE LICENSE TAX,
SALES AND
  USE TAX, LOCAL OPTION SALES AND USE TAX, AND SIMILAR TAXES FOR A TAXPAYER
  CONSTRUCTING OR OPERATING A QUALIFIED RECYCLING FACILITY AND TO DEFINE
  "QUALIFIED RECYCLING FACILITY" AND OTHER TERMS ASSOCIATED WITH THIS
  CREDIT; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE IN LIEU OF
TAXES,
  SO AS TO PROVIDE SPECIAL PROVISIONS FOR A FEE IN LIEU AGREEMENT FOR A PROJECT
THAT
  IS A QUALIFIED RECYCLING FACILITY; TO AMEND SECTION 12-7-1200, RELATING TO THE
  ACCOUNTING BASIS OF INCOME TAX RETURNS, SO AS TO AUTHORIZE SEPARATE
ACCOUNTING FOR
  THE BUSINESS ACTIVITIES OF A TAXPAYER BUILDING OR OPERATING A QUALIFIED
RECYCLING
  FACILITY WITH THE APPROVAL OF THE DEPARTMENT OF REVENUE AND TAXATION AFTER
THE
  CERTIFICATION OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC
DEVELOPMENT; AND TO
  AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS
TO
  EXEMPT PROPERTY AND FUELS USED BY OR FOR A QUALIFIED RECYCLING FACILITY.

and has ordered the Bill Enrolled for Ratification.

Very respectfully,

Speaker of the House

Received as information.






Printed Page 1636 . . . . . Thursday, April 6,
1995




Message from the House


Columbia, S.C., April 5, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the
amendments proposed by the Senate to:

  H. 3826 -- Reps. Carnell, McAbee, Boan, Hallman and Keegan:  A BILL TO AMEND ACT
  1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT
BONDS, SO
  AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE
JOHN DE
  LA HOWE SCHOOL.

and has ordered the Bill Enrolled for Ratification.

Very respectfully,

Speaker of the House

Received as information.

INTRODUCTION OF BILLS AND RESOLUTIONS


The following were introduced:


S. 709 -- Senator McConnell:  A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE
CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 17 TO ARTICLE X SO AS TO
AUTHORIZE THE QUALIFIED ELECTORS OF A COUNTY, MUNICIPALITY, SPECIAL PURPOSE
DISTRICT,
FISCALLY AUTONOMOUS SCHOOL DISTRICT, AND OTHER POLITICAL SUBDIVISIONS TO
SUBMIT ANY
LEGISLATION INSTRUMENT BY A PETITION PROCESS, INCLUDING ONE LIMITING THE TOTAL
REVENUE WHICH A COUNTY, MUNICIPALITY, SPECIAL PURPOSE DISTRICT, FISCALLY
AUTONOMOUS
SCHOOL DISTRICT, AND OTHER POLITICAL SUBDIVISIONS MAY EXPEND DURING A FISCAL
YEAR,
PROVIDE FOR THE MANDATORY ADOPTION OF THE LEGISLATIVE INSTRUMENT, AND
PROVIDE THAT
THE INITIATED ORDINANCE OR RESOLUTION MAY NOT BE AMENDED OR REPEALED EXCEPT
BY THE
PETITION INITIATED PROCEDURE.

Read the first time and referred to the Committee on Finance.


S. 710 -- Senator McConnell:  A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER AND THE



Printed Page 1637 . . . . . Thursday, April 6,
1995



 SEPARATE SENTENCING PROCEEDING TO DETERMINE WHETHER THE SENTENCE
SHOULD BE DEATH OR LIFE IMPRISONMENT, SO AS TO ADD DISMEMBERMENT, MULTIPLE
STABBING,
AND MULTIPLE SHOOTING OF A PERSON TO THE LIST OF AGGRAVATING CIRCUMSTANCES
A JUDGE
SHALL CONSIDER OR INCLUDE IN HIS INSTRUCTIONS TO A JURY DURING THE SENTENCING
PHASE
OF A DEATH PENALTY PROCEEDING.

Read the first time and referred to the Committee on Judiciary.


S. 711 -- Senator McConnell:  A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY
ADDING
ARTICLE 70 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES TO
COMMEMORATE
THE SQUARE DANCE AS THE STATE'S OFFICIAL AMERICAN FOLK DANCE.

Read the first time and referred to the Committee on Transportation.


S. 712 -- Senator J. Verne Smith:  A CONCURRENT RESOLUTION TO INVITE THE SOUTH
CAROLINA YOUNG MEN'S CHRISTIAN ASSOCIATION'S MIDDLE SCHOOL MODEL LEGISLATURE
PROGRAM
TO OBSERVE THE HOUSE AND SENATE IN SESSION ON THURSDAY, MAY 4, 1995, AND TO
AUTHORIZE
THE SOUTH CAROLINA YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE
CHAMBER AND
THE CHAMBER OF THE HOUSE OF REPRESENTATIVES ON FRIDAY, MAY 5, 1995, TO CONDUCT
A
MIDDLE SCHOOL MODEL LEGISLATURE PROGRAM.

Whereas, the purpose of the Young Men's Christian Association's Middle School
Model Legislature program is to encourage our youth to develop enthusiasm and
appreciation for government and community affairs; and

Whereas, students taking part in the program will run for statewide office, pass
legislation, and organize their own government; and

Whereas, through these activities, the program will promote a life-long interest
in government and encourage good citizenship; and

Whereas, the Middle School Model Legislature program is an extension of the highly
successful and award-winning South Carolina Youth in Government program.  Now,
therefore,

Be it resolved by the Senate, the House of Representatives concurring:





Printed Page 1638 . . . . . Thursday, April 6,
1995



That the Members of the General Assembly invite the South Carolina
Young Men's Christian Association to observe the General Assembly in session on
Thursday, May 4, 1995, as a part of its Middle School Model Legislature program.

Be it further resolved that the members of the General Assembly authorize the
South Carolina Young Men's Christian Association to use the Senate Chamber and the
Chamber of the House of Representatives on Friday, May 5, 1995, to conduct its Middle
School Model Legislature program.  If either house is in statewide session, the
chamber of that house may not be used.

Be it further resolved that the Offices of the Sergeant at Arms of the Senate and
of the House of Representatives shall provide assistance and access as necessary for
this meeting in accordance with applicable procedures, Rules of the Senate, and Rules
of the House of Representatives.

Be it further resolved that a copy of this resolution be forwarded to Ms. Mary
Capers Bledsoe, Executive Director, YMCA Youth in Government, and the Honorable James
R. Melton and the Honorable Mitchell G. Dorman, Sergeants at Arms of the Senate and
of the House of Representatives, respectively.


Referred to the Committee on Invitations.


S. 713 -- Senator J. Verne Smith:  A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH
CAROLINA YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER, THE
CHAMBER OF
THE HOUSE OF REPRESENTATIVES, AND THE COMMITTEE HEARING ROOMS IN THE BLATT
AND
GRESSETTE BUILDINGS ON THURSDAY, NOVEMBER 30, 1995, AND FRIDAY, DECEMBER 1, 1995,
TO
CONDUCT A YOUTH IN GOVERNMENT PROGRAM.

Whereas, the Youth in Government program is designed to provide first-hand
experience in the state legislature and government affairs for secondary students;
and

Whereas, students taking part in the program will run for statewide office, pass
legislation, and organize their own government; and

Whereas, the purpose of the Young Men's Christian Association's Youth in
Government program is to encourage our youth to develop enthusiasm and appreciation
for government and community affairs; and

Whereas, forty-three states have successful Youth in Government programs; and





Printed Page 1639 . . . . . Thursday, April 6,
1995



Whereas, the South Carolina High School Youth in Government program
is the largest per-capita Youth in Government program in the nation; and

Whereas, the South Carolina High School Youth in Government program has been named
the most outstanding in the nation two years in a row.  Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly authorize the South Carolina Young Men's
Christian Association to use the Senate Chamber, the Chamber of the House of
Representatives, and such hearing rooms as may be available in the legislative office
buildings on Thursday, November 30, 1995, and Friday, December 1, 1995, to conduct a
Youth in Government program.  If the renovations to either the State House or the
Carolina Plaza, or both, render either or both of these locations unsuitable in the
judgment of the Clerks of the Senate and the House of Representatives, then the
unsuitable location may not be used.  In such case, the Clerks shall make an effort
to fully accommodate the participants in the Gressette and Blatt Buildings.

Be it further resolved that the Offices of the Sergeant at Arms of the Senate and
of the House of Representatives shall provide assistance and access as necessary for
this meeting in accordance with applicable procedures, Rules of the Senate, and Rules
of the House of Representatives.

Be it further resolved that a copy of this resolution be forwarded to Ms. Mary
Capers Bledsoe, Executive Director, YMCA Youth in Government, and the Honorable James
R. Melton and the Honorable Mitchell G. Dorman, Sergeants at Arms of the Senate and
of the House of Representatives, respectively.


Referred to the Committee on Invitations.


S. 714 -- Senator Richter:  A BILL TO AMEND SECTION 9-11-150, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTIONAL FORMS OF RETIREMENT
ALLOWANCES
UNDER THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW A MEMBER UNDER
PARTICULAR
OPTIONS TO RECEIVE A FULL RETIREMENT ALLOWANCE RATHER THAN A REDUCED
ALLOWANCE UNDER
CERTAIN CONDITIONS, AND TO AMEND SECTION 9-11-210, AS AMENDED, RELATING TO
CONTRIBUTIONS TO THE SYSTEM, SO AS TO INCREASE THE EMPLOYEE CONTRIBUTIONS OF
CLASS
ONE



Printed Page 1640 . . . . . Thursday, April 6,
1995



 AND CLASS TWO MEMBERS BY EIGHTY-NINE HUNDREDTHS OF ONE PERCENT TO
OFFSET THE ACTUARIAL COST OF THE ABOVE PROVISION.

Read the first time and referred to the Committee on Finance.







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 | Printed Page 1640, Apr. 6
 | 




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