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 4080, June 12 | Printed Page 4100, June 13-15 |

Printed Page 4090 . . . . . Tuesday, June 13, 1995

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 12, 1995
Mr. President and Members of the Senate:

I am hereby returning without my approval S. 670, R. 117, an Act:
TO PROVIDE THAT EACH MEMBER OF THE KERSHAW COUNTY TRANSPORTATION COMMITTEE SHALL BE ALLOWED AND PAID FROM KERSHAW COUNTY "C" FUND REVENUES SEVENTY-FIVE DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE, AND PROVIDE THAT THE COMMITTEE SHALL RECEIVE THE PAYMENT AUTHORIZED IN THIS ACT UPON ISSUANCE OF APPROVED VOUCHERS BY THE COMMITTEE'S CHAIRMAN, EXCEPT THAT THE CHAIRMAN MAY NOT APPROVE VOUCHERS IN ANY SINGLE FISCAL YEAR WHICH VOUCHERS AUTHORIZE PAYMENT FOR MORE THAN FIFTEEN MEETINGS PER FISCAL YEAR FOR EACH MEMBER OF THE COMMITTEE.

This veto is based on my belief that the compensation of members of county transportation committees addressed by S. 670, R. 117 of 1995, should be dealt with by general legislation.

For the above reason, I am returning S. 670, R. 117, without my signature.

Sincerely,
David M. Beasley

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

Senator HOLLAND 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 44; Nays 0

AYES

Alexander         Boan             Bryan
Cork Courson Courtney
Drummond Elliott Ford

Printed Page 4091 . . . . . Tuesday, June 13, 1995

Giese GloverHayes
Holland Jackson Land
Lander Leatherman Leventis
Martin Matthews McConnell
McGill Mescher Moore
O'Dell Passailaigue Patterson
Peeler Rankin Reese
Richter Rose Russell
Saleeby Setzler Short
Smith, G. Smith, J.V. Stilwell
Thomas Waldrep Washington
Williams Wilson

TOTAL--44

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

(R124) S. 814 -- Senator Holland: AN ACT TO REPEAL ACT 467 OF 1969, RELATING TO THE JURISDICTION OF THE POLICE DEPARTMENT OF THE TOWN OF JEFFERSON IN CHESTERFIELD COUNTY.

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 12, 1995
Mr. President and Members of the Senate:

I am hereby returning without my approval S. 814, R. 124, an Act:
TO REPEAL ACT 467 OF 1969, RELATING TO THE JURISDICTION OF THE POLICE DEPARTMENT OF THE TOWN OF JEFFERSON IN CHESTERFIELD COUNTY.

This veto is based on my belief that S. 814, R. 124 of 1995, is unconstitutional. It is clearly an act for a specific municipality, the Town of Jefferson. Article VIII, Section 10 of the South Carolina Constitution states that "[n]o laws for a specific municipality shall be enacted."


Printed Page 4092 . . . . . Tuesday, June 13, 1995

For the above reason, I am returning S. 814, R. 124, without my signature.

Sincerely,
David M. Beasley

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

Senator WILSON 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 44; Nays 0

AYES

Alexander         Boan             Bryan
Cork Courson Courtney
Drummond Elliott Ford
Giese Glover Hayes
Holland Jackson Land
Lander Leatherman Leventis
Martin Matthews McConnell
McGill Mescher Moore
O'Dell Passailaigue Patterson
Peeler Rankin Reese
Richter Rose Russell
Saleeby Setzler Short
Smith, G. Smith, J.V. Stilwell
Thomas Waldrep Washington
Williams Wilson

TOTAL--44

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.


Printed Page 4093 . . . . . Tuesday, June 13, 1995

HORRY COUNTY COUNCIL

October 3, 1994
State of South Carolina
Office of the Governor
P.O. Box 11369
Columbia, S.C. 29211

Mr. President and Members of the Senate:

We are transmitting herewith appointments for confirmation. These appointments are made with the advice and consent of the Senate and are, therefore, submitted for your consideration.

Myrtle Beach Air Force Base Redevelopment Authority, with terms to commence June 30, 1994, and to expire June 30, 1996:

Mr. Jackie Woodbury, 5282 Highway 9, Green Sea, S.C. 29545

Mr. Tony K. Cox, Callahan, Teal, Skelley, P.O. Box 3523, North Myrtle Beach, S.C. 29582

If you have any questions concerning these appointments, please contact me.

Sincerely,
Paul E. Creel
Chairman

Received as information.

HORRY COUNTY COUNCIL

October 3, 1994
State of South Carolina
Office of the Governor
P.O. Box 11369
Columbia, S.C. 29211

Mr. President and Members of the Senate:

We are 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.

Myrtle Beach Air Force Base Redevelopment Authority, with term to commence June 30, 1994, and to expire June 30, 1998:

Mr. George Graham, P.O. Box 915, Conway, S.C. 29526

If you have any questions concerning this appointment, please contact me.


Printed Page 4094 . . . . . Tuesday, June 13, 1995

Sincerely,
Paul E. Creel
Chairman

Received as information.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 1, 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

Local Appointment

Reappointment, Horry County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable Harry D. McDowell, 3817 Walnut Street, Loris, S.C. 29569

Received as information.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 9, 1995
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointments

Reappointment, Sumter County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

Honorable George R. Gibson, P.O. Box 236, Mayesville, S.C. 29104


Printed Page 4095 . . . . . Tuesday, June 13, 1995

Reappointment, Spartanburg County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable Samuel Franklin Adams, 250 Hummingbird Lane, Chesnee, S.C. 29323

Initial Appointment, Spartanburg County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable Jimmy B. Henson, P.O. Box 416, Pacolet Mills, S.C. 29373 VICE Horace Mauldin Pearson

Received as information.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 12, 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

Local Appointment

Initial Appointment, Greenville County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998, service to commence at 5:00 P.M., June 23, 1995:

Honorable Bobby L. Morgan, 118 Gaston Drive, Travelers Rest, S.C. 29690 VICE Charles R. Garrett (resigned)

Received as information.

Leave of Absence

On motion of Senator GIESE, at 10:20 A.M., Senator RYBERG was granted a leave of absence for today.

Leave of Absence

At 10:20 A.M., Senator PASSAILAIGUE requested a leave of absence beginning at 12:00 Noon for the balance of the week.


Printed Page 4096 . . . . . Tuesday, June 13, 1995

Leave of Absence

On motion of Senator MESCHER, at 10:25 A.M., Senator ROSE was granted leave for Monday, June 12, 1995, as well as today.

Leave of Absence

On motion of Senator PEELER, at 10:30 A.M., Senator GREGORY was granted a leave of absence for the balance of the week.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

H. 4304 -- Reps. Haskins, Boan and D. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON TUESDAY, OCTOBER 24, 1995, AS THE TIME FOR ELECTING PERSONS TO FILL THE JUDICIAL OFFICES CREATED IN THE 1995-96 GENERAL APPROPRIATIONS ACT.

Amend Title To Conform.

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

That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Tuesday, October 24, 1995, at 12:00 noon to elect persons to fill the judicial offices created in the 1995-96 General Appropriations Act if screening has been completed and a report issued by the Joint Legislative Screening Committee and to include gubernatorial vetoes.

On motion of Senator PATTERSON, with unanimous consent, the Resolution was referred to the Committee on Invitations.

There was no objection.

Recalled And Referred

H. 4304 -- Reps. Haskins, Boan and D. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON TUESDAY, OCTOBER 24, 1995, AS THE TIME FOR ELECTING PERSONS TO FILL THE JUDICIAL OFFICES CREATED IN THE 1995-96 GENERAL APPROPRIATIONS ACT.

Senator MOORE asked unanimous consent to make a motion to recall the Resolution from the Committee on Invitations.

There was no objection.


Printed Page 4097 . . . . . Tuesday, June 13, 1995

On motion of Senator MOORE, with unanimous consent, the Resolution was referred to the Committee of Conference on H. 4239.

H. 4305 -- Reps. Tucker, D. Smith, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, 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, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE DONALD W. "DON" BEATTY OF SPARTANBURG FOR HIS EXEMPLARY SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND TO WISH HIM THE VERY BEST AS HE LEAVES LEGISLATIVE SERVICE TO BEGIN HIS SERVICE AS A JUDGE IN THE SEVENTH JUDICIAL CIRCUIT.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4306 -- Reps. Cromer, Inabinett, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, 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, D. Smith, R. Smith, Spearman, Stille,


Printed Page 4098 . . . . . Tuesday, June 13, 1995

Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ANNE D. FOSTER FOR HER DEDICATED SERVICE AND TIRELESS DEVOTION TO STATE SERVICE AND PARTICULARLY THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES WHERE HER SMILING FACE AND TENDERHEARTED PERSONALITY HAVE GRACED ITS HALLS SINCE 1977.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4307 -- Rep. P. Harris: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF DR. JAMES GORDON HALFORD, JR., OF ANDERSON WHO DIED WEDNESDAY, JUNE 7, 1995.

The Concurrent Resolution was adopted, ordered returned to the House.

Message from the House

Columbia, S.C., June 13, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
H. 3787 -- Reps. Richardson, Cotty, Rice, Cobb-Hunter, Keyserling, J. Brown, Worley, S. Whipper, Limehouse, Moody-Lawrence, Byrd, Shissias, Herdklotz, Lloyd, D. Smith, Wilkes, Mason and Thomas: A BILL TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE LICENSES FOR PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE FOR PRORATED LICENSES; TO REPEAL SECTION 12-33-220, RELATING TO AN OBSOLETE PROVISION ALLOWING PRORATION OF LICENSES, AND TO PROVIDE FOR REFUNDS IN CASES OF CERTAIN LICENSES ISSUED AFTER NOVEMBER, 1994.
Very respectfully,
Speaker of the House

Received as information.


Printed Page 4099 . . . . . Tuesday, June 13, 1995

H. 3787--REPORT OF THE

COMMITTEE OF CONFERENCE ADOPTED

H. 3787 -- Reps. Richardson, Cotty, Rice, Cobb-Hunter, Keyserling, J. Brown, Worley, S. Whipper, Limehouse, Moody-Lawrence, Byrd, Shissias, Herdklotz, Lloyd, D. Smith, Wilkes, Mason and Thomas: A BILL TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE LICENSES FOR PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE FOR PRORATED LICENSES; TO REPEAL SECTION 12-33-220, RELATING TO AN OBSOLETE PROVISION ALLOWING PRORATION OF LICENSES, AND TO PROVIDE FOR REFUNDS IN CASES OF CERTAIN LICENSES ISSUED AFTER NOVEMBER, 1994.

On motion of Senator CORK, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator CORK spoke on the report.

On motion of Senator CORK, the Report of the Committee of Conference to H. 3787 was adopted as follows:

H. 3787--Conference Report

The General Assembly, Columbia, S.C., June 1, 1995

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3787 -- Reps. Richardson, Cotty, Rice, Cobb-Hunter, Keyserling, J. Brown, Worley, S. Whipper, Limehouse, Moody-Lawrence, Byrd, Shissias, Herdklotz, Lloyd, D. Smith, Wilkes, Mason and Thomas: A BILL TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE LICENSES FOR PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE FOR PRORATED LICENSES; TO REPEAL SECTION 12-33-220, RELATING TO AN OBSOLETE PROVISION ALLOWING PRORATION OF LICENSES, AND TO PROVIDE FOR REFUNDS IN CASES OF CERTAIN LICENSES ISSUED AFTER NOVEMBER, 1994.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:


| Printed Page 4080, June 12 | Printed Page 4100, June 13-15 |

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