Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Ere we move into the waiting and weighty responsibilities of this day, we come in these moments of prayer to earnestly invoke Your help, O Lord. There is so much to do and so little time in which to do it. Be, then, abundantly and constantly near, guiding us with Your never failing wisdom and undergirding us with Your all sufficient strength, that all done here may be altogether for the welfare of our people and totally in conformity with Your gracious and all-wise will.
We pray to our listening God Who is always an ever-present help in every time of need. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
The following was received.
June 22, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives
Dear Mrs. Shealy:
The State Budget and Control Board (State Fire Marshal) is hereby resubmitting regulations pertaining to Portable and Fixed Station Fire Extinguishers, effective this date.
These regulations have been referred to the Medical, Military, Public and Municipal Affairs Committee.
Sincerely,
Robert J. Sheheen
Received as information.
The following was introduced:
H. 3268 -- Reps. Sheheen, J. Rogers, Rudnick, M.O. Alexander, T.C. Alexander, Altman, Arthur, Aydlette, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, J. Bradley, P. Bradley, G. Brown, H. Brown, J. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cooper, Cork, Corning, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Gentry, Gilbert, Gordon, Gregory, J. Harris, P. Harris, Harvin, Haskins, Hawkins, Hayes, Hearn, Helmly, Hendricks, Hodges, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lewis, Limehouse, Lockemy, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Ogburn, Pearce, Pettigrew, Petty, L. Phillips, O. Phillips, Rhoad, Rice, T. Rogers, Sharpe, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, Williams and Winstead: A HOUSE RESOLUTION COMMENDING MS. MARGIE MACK, HEAD OF BOOKKEEPING FOR THE HOUSE OF REPRESENTATIVES, FOR HER YEARS OF OUTSTANDING SERVICE AND DEDICATION, AND WISHING HER MUCH HAPPINESS FOLLOWING HER RETIREMENT.
Whereas, Ms. Margie Mack is head of bookkeeping for the House of Representatives and has rendered admirable dedication in her years as an employee of this body; and
Whereas, she is a friendly, delightful lady whom the members of the House respect greatly and will miss very much following her retirement; and
Whereas, the members want her to know how very much they have appreciated her service and her friendship over the years and also wish her all the best following her retirement. Now, therefore,
Be it resolved by the House of Representatives:
That the House of Representatives, by this resolution, commends Ms. Margie Mack, head of bookkeeping for the House of Representatives, for her years of outstanding service and dedication and wishes her much happiness following her retirement.
Be it further resolved that a copy of this resolution be presented to Margie Mack.
The Resolution was adopted.
The following was introduced:
H. 3269 -- Reps. Toal and Sheheen: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF JOHN E. "JACK" YOUNG, DISTINGUISHED RETIRED PHOTOGRAPHER AND MANAGER OF UNITED PRESS INTERNATIONAL, UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3270 -- Rep. G. Bailey: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. JACQUELYN G. JENKINS OF ST. GEORGE, UPON HER BEING NAMED THE 1987 OUTSTANDING FEMALE STATE EMPLOYEE BY THE SOUTH CAROLINA STATE EMPLOYEES ASSOCIATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3271 -- Charleston Delegation: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF CHARLES L. (CHUCK) FREYMUTH, JR., OF RAVENEL IN CHARLESTON COUNTY, UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3272 -- Rep. Edwards: A CONCURRENT RESOLUTION TO RECOGNIZE THE RESIDENTS AND FORMER EMPLOYEES OF THE CLIFTON COMMUNITY OF SPARTANBURG COUNTY, PAST AND PRESENT, FOR THEIR MANY MEANINGFUL CONTRIBUTIONS TO THEIR COMMUNITY, SPARTANBURG COUNTY, AND THE STATE OF SOUTH CAROLINA, AND TO EXTEND BEST WISHES FOR A HAPPY CELEBRATION OF THEIR HOMECOMING ON SATURDAY, JULY 11, 1987.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 883 -- Senator Branton: A CONCURRENT RESOLUTION TO RECOGNIZE ONE OF CHARLESTON COUNTY'S MOST OUTSTANDING CITIZENS, MRS. LOTTIE POWERS BRITTON OF BRITTON'S CURVE, AND TO CONGRATULATE HER ON HER NINETIETH BIRTHDAY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 3273 -- Reps. Snow, Elliott, Pearce, Thrailkill, T.M. Burriss, J.C. Johnson, Hendricks, Simpson, Pettigrew, Gregory, T. Rogers, Taylor, Aydlette, Baxley, T.C. Alexander, M.O. Alexander, Bennett, Townsend, Dangerfield and Chamblee: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO CLEMSON UNIVERSITY ATHLETIC DIRECTOR, BOBBY ROBINSON, THE ATHLETIC DEPARTMENT, AND CLEMSON STUDENT ATHLETES FOR AN OUTSTANDING YEAR OF ACC COMPETITION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3274 -- Reps. Thrailkill, Elliott, Pearce and Barfield: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY TO E. M. HENRY FOR HIS MANY YEARS OF DEDICATED AND EFFECTIVE SERVICE TO THE CITIZENS OF HORRY COUNTY AS A MEMBER OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF HORRY COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3276 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. ANNIE MAE WILSON OF LEE COUNTY UPON HER DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3277 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. EDWIN W. HALL, SR., OF LEE COUNTY UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 887 -- Senators Russell and Giese: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO SOUTH CAROLINA SEVENTH AND EIGHTH GRADE STUDENTS PARTICIPATING IN THE MATHCOUNTS COMPETITION SPONSORED BY THE NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 886 -- Senator Lee: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY TO HOWELL E. HIPP, SUPERINTENDENT OF SCHOOL DISTRICT NUMBER ONE OF SPARTANBURG COUNTY, FOR HIS THIRTY-SEVEN YEARS OF DEVOTED AND EFFICIENT SERVICE TO THE SCHOOL CHILDREN OF SPARTANBURG COUNTY AND TO EXTEND BEST WISHES TO HIM FOR MANY YEARS OF GOOD HEALTH AND HAPPINESS ON THE OCCASION OF HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was received.
June 9, 1987
Mr. Speaker and Members of the House:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the General Assembly," and are, therefore submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Governor
Appointments, Members, State Ethics Commission, with terms to expire on May 31, 1991:
2nd Congressional District
Mrs. Emily Phillips, Rt. 1, Box 9, Cope, S.C. 29038 Vice Dr. Clemmie Webber
4th Congressional District
Mr. Mike Burton, 110 Bennett Street, Greenville, S.C. 29601 Vice Hugh Patrick
5th Congressional District
Mr. Richard C. Jones, 34 Moise Drive, Sumter, S.C. 29150 Vice S. Anne Walker
The question then recurred to the confirmation of the appointments.
Rep. LIMEHOUSE demanded the yeas and nays, which were not ordered.
The appointments were confirmed by a division vote of 77 to 0 and a message was ordered sent to the Senate accordingly.
The following was received.
June 17, 1987
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the majority of the Legislative Delegation from the 5th Congressional District," and is, therefore submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Governor
Appointment, Member, Higher Education Commission, to fill the unexpired portion of a term to expire on July 26, 1988
Mrs. Thad Williams, 302 Elm Street, Clinton, S.C. 29325 Vice John P. Faris
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
Rep. LIMEHOUSE moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 2700 -- Reps. Limehouse and Day: A BILL TO AUTHORIZE THE BOARDS OF TRUSTEES OF ALL SCHOOL DISTRICTS IN DORCHESTER COUNTY TO PREPARE BUDGETS FOR GENERAL SCHOOL PURPOSES FOR THE 1987-88 SCHOOL YEAR AND FOR ALL SCHOOL YEARS THEREAFTER TO BE SUBMITTED TO THE DORCHESTER COUNTY COUNCIL AND TO AUTHORIZE THE COUNTY COUNCIL TO SET THE NECESSARY TAX MILLAGE AFTER APPROVAL OF THE BUDGETS.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Arthur Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Derrick Edwards Elliott Evatt Faber Gentry Gilbert Gregory Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Holt Huff Johnson, J.W. Kay Kirsh Klapman Koon Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod, E.B. McTeer Nesbitt Nettles Ogburn Pearce Pettigrew Petty Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Stoddard Taylor Thrailkill Toal Townsend Tucker Waldrop Washington Wells Whipper Wilder Wilkins Williams Winstead
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference; the SPEAKER appointed Reps. LIMEHOUSE, G. BAILEY and DAY to the Committee of Free Conference and a message was sent to the Senate accordingly.
Rep. J. ROGERS moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 2085 -- Reps. J. Rogers, J. Harris, Beasley, R. Brown, McElveen, Limehouse, Neilson, J. Brown, Hayes, J.H. Burriss, McGinnis, Winstead, Davenport, Keyserling, Wells, J. Bradley, Day, Shelton, Nettles, T. Rogers, Russell, Sharpe, Wilder and McBride: A BILL TO AMEND SECTIONS 12-21-2590, 12-21-2600, AND 12-21-2620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO BINGO LICENSE FEES, ADMISSIONS TAXES, AND THE DISPOSITION OF THE REVENUE THEREFROM, SO AS TO INCREASE THE FEES AND APPLICABLE ADMISSION TAXES FOR CLASS "A" AND "B" LICENSES AND TO PROVIDE THAT ONE-HALF OF THE REVENUES DERIVED MUST BE DEPOSITED IN A SEPARATE PARKS AND RECREATION DEVELOPMENT FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 52-17-70 SO AS TO REQUIRE ANY PERSON LICENSED TO CONDUCT THE GAME OF BINGO TO FILE MONTHLY REPORTS WITH THE SECRETARY OF STATE, TO PROHIBIT THE LICENSING OF MANAGEMENT COMPANIES, AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND THE 1976 CODE BY ADDING CHAPTER 23 TO TITLE 51 SO AS TO PROVIDE FOR A NONCOMPETITIVE PROGRAM OF GRANTS FOR LOCAL PARKS AND RECREATION DEVELOPMENT, PROVIDE DEFINITIONS, AND ESTABLISH A DISTRIBUTION FORMULA.
Rep. HASKINS inquired whether the motion to grant Free Conference powers was debatable.
The SPEAKER stated that he could find nothing in the Rules or in precedent on this point, however the motion was a procedural one, and he would therefore rule that it was non-debatable. He further stated that the report of the Committee of Free Conference would be debatable when it was before the House.
The question then recurred to the motion to grant free Conference Powers.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Barfield Baxley Beasley Bennett Blanding Boan Brown, H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cooper Cork Dangerfield Day Derrick Edwards Elliott Evatt Felder Ferguson Foster Gentry Gilbert Gregory Harris, J. Harris, P. Harvin Hawkins Hayes Hearn Helmly Hendricks Hodges Huff Johnson, J.C. Kay Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McCain McEachin McGinnis McKay McLellan McLeod, E.B. McTeer Moss Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Shelton Short Simpson Snow Stoddard Thrailkill Toal Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
Those who voted in the negative are:
Baker Blackwell Bradley, P. Clyborne Davenport Foxworth Haskins Holt Kirsh Klapman Sharpe
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference; the SPEAKER appointed Reps. J. ROGERS, McEACHIN and McTEER to the Committee of Free Conference and a message was sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 25, 1987
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 10:32 A.M. (immediately) today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. TOAL the invitation was accepted.
At 10:32 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R244) S. 530 -- Judiciary Committee: AN ACT TO AMEND ACT 539 OF 1986, RELATING TO THE SOUTH CAROLINA PROBATE CODE, SO AS TO MAKE CERTAIN TECHNICAL AND SUBSTANTIVE CHANGES IN THE PROBATE CODE RELATING TO JURISDICTION, DEFINITIONS, ELECTIVE SHARE PROVISIONS, PROBATE PROCEEDINGS AND ADMINISTRATION, DISTRIBUTIONS AND DEVISES, SALE OF REAL ESTATE, PROTECTION OF FINANCIAL INSTITUTIONS, OTHER PROCEDURAL MATTERS, AND EFFECTIVE DATE, RECONCILIATION, AND TRANSITION PROVISIONS, TO AMEND SECTION 14-23-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FURNISHING OF DESCRIPTIONS OF LANDS TO THE PROBATE COURT WHERE THE WILL OMITS THE DESCRIPTION, SO AS TO PROVIDE THAT THIS DESCRIPTION MUST BE FURNISHED TO THE PROBATE COURT OF EVERY COUNTY WHERE THE DECEDENT OWNED REAL ESTATE, TO AMEND SECTION 20-1-50, RELATING TO LEGITIMACY OF CHILDREN OF MARRIAGES AFTER THE ABSENCE OF A SPOUSE FOR A PERIOD OF SEVEN YEARS, SO AS TO REDUCE THIS TIME TO FIVE YEARS, TO AMEND SECTIONS 20-7-1770, AND 20-7-1820, BOTH AS AMENDED, AND 20-7-1825, RELATING TO ADOPTIONS SO AS TO REVISE AND FURTHER PROVIDE FOR THESE ADOPTION PROVISIONS, TO AMEND SECTION 30-9-60, RELATING TO THE INDEXING OF PASSAGE OF TITLE TO REAL PROPERTY BY WILL OR INHERITANCE, SO AS TO CHANGE CERTAIN REFERENCES IN THE SECTION TO "PERSONAL REPRESENTATIVE" AND TO DELETE OTHER REFERENCES, TO AMEND THE 1976 CODE BY ADDING SECTION 21-21-25 SO AS TO PROVIDE THAT THE FATHER OR MOTHER OF A CHILD, IF ONE PARENT IS DEAD, MAY DISPOSE OF CUSTODY OF A CHILD UNDER CERTAIN CONDITIONS; BY ADDING SECTION 21-21-35 SO AS TO PROVIDE THAT THE DISPOSITION OF THE CUSTODY OF A CHILD AS AUTHORIZED BY SECTION 21-21-25 IS EFFECTIVE AGAINST ANY PERSON CLAIMING CUSTODY OF THE CHILD AS GUARDIAN; BY ADDING SECTION 21-21-45 SO AS TO AUTHORIZE DAMAGES TO ANY PERSON WRONGFULLY DETAINING THE CHILD WHEN CUSTODY HAS BEEN SO DISPOSED; AND BY ADDING SECTION 21-21-55 SO AS TO AUTHORIZE CERTAIN POWERS TO THE PERSON WHO HAS CUSTODY OF THE CHILD; AND TO REPEAL SECTIONS 12-15-1360, 12-15-1370, 12-15-1620, 12-15-1630, 12-15-1640 AND 12-15-1650, RELATING TO CERTAIN ESTATE AND ESTATE TAX PROVISIONS.
(R245) S. 261 -- Senator Thomas E. Smith, Jr.: AN ACT TO AMEND SECTION 40-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS, SO AS TO REDEFINE TERMS AND ADD ADDITIONAL DEFINITIONS; TO AMEND SECTION 40-35-30, RELATING TO THE LICENSING AUTHORITY OF THE BOARD, SO AS TO DELETE PROVISIONS RELATING TO EMERGENCY LICENSES, THE REQUIREMENT FOR LICENSES, AND THE PENALTY FOR VIOLATIONS; TO AMEND SECTION 40-35-140, RELATING TO THE LICENSING OF NURSING HOME OPERATORS, SO AS TO PROVIDE FOR THE LICENSING OF OPERATORS OF INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 40-35-31 AND 40-35-32 SO AS TO PROVIDE FOR EMERGENCY LICENSING OF A NURSING HOME ADMINISTRATOR AND TO REQUIRE NURSING HOMES TO OPERATE UNDER THE SUPERVISION OF A LICENSED ADMINISTRATOR.
(R246) S. 135 -- Senators Pope, Lindsay, Martin, McConnell, Saleeby, Ravenel, Peeler, Setzler, Thomas E. Smith, Jr., McLeod, Hayes, Long, Leventis, Bryan, Williams, Mitchell, Macaulay, Nell W. Smith, Lourie, Applegate, Drummond, Land, Powell and Shealy: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 OF TITLE 28 SO AS TO ENACT THE SOUTH CAROLINA EMINENT DOMAIN PROCEDURE ACT WHICH PROVIDES FOR PROVISIONS OF LAW WHICH SHALL REGULATE THE EXPENDITURE OF FUNDS OF THE STATE AND ITS POLITICAL SUBDIVISIONS AND ESTABLISH THE PROCEDURE FOR THE ACQUISITION OF CERTAIN REAL PROPERTY OR PROPERTY RIGHTS IN THIS STATE THROUGH THE EXERCISE OF THE POWER OF EMINENT DOMAIN; TO AMEND SECTIONS 1-11-110, 3-5-50, 3-5-100, 3-5-330, 4-17-20, 5-27-150, 5-31-420, 5-31-430, 5-31-440, 5-31-610, 5-35-10, 6-11-130, 6-23-290, 13-3-100, 13-11-80, 24-1-230, 28-3-20, 28-3-30, 28-3-140, 31-3-460, 46-19-130, 48-11-110, 48-15-30, 48-15-50, 48-17-30, 48-17-50, 49-17-1050, 49-19-1060, 49-19-1440, 50-13-1920, 50-19-1320, 51-13-780, 54-3-150, 55-9-80, 55-11-10, 57-3-700, 57-5-370, 57-5-380, 57-21-200, 57-25-190, 57-25-470, 57-25-680, 57-27-70, 58-9-2030, 58-15-410, 58-17-1200, 58-19-30, 58-27-130, 58-31-50, 59-19-200, 59-105-40, 59-117-70, AND 59-123-90, RELATING TO VARIOUS PROVISIONS OF LAW PERTAINING TO THE ACQUISITION OF PROPERTY, EASEMENTS OR RIGHTS-OF-WAY, POWER OF CONDEMNATION, RIGHT OF EMINENT DOMAIN AND COMPENSATION FOR PROPERTY TAKEN BY STATE AND LOCAL AGENCIES, AUTHORITIES, AND ENTITIES, AND PRIVATE COMPANIES AND CORPORATIONS, SO AS TO CONFORM THE PROVISIONS OF LAW TO THE EMINENT DOMAIN PROCEDURE ACT; TO PROVIDE THAT ACQUISITIONS BY THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION UNDER THE "C" FUND PROGRAM ARE EXEMPT FROM THE REQUIREMENTS OF ALL APPRAISAL PROVISIONS OF THE EMINENT DOMAIN PROCEDURE ACT; AND TO PROVIDE THAT NOTHING IN THE EMINENT DOMAIN PROCEDURE ACT SHALL MODIFY, ABRIDGE, OR REPEAL ACT 431 OF 1984; AND TO REPEAL SECTIONS 28-1-10, 28-1-20, 28-1-30, 28-3-10, 28-3-40, 28-3-50, 28-3-60, 28-3-70, 28-3-80, 28-3-90, 28-3-100, 28-3-110, 28-3-130, 28-5-10, 28-5-20, 28-5-30, 28-5-40, 28-5-50, 28-5-60, 28-5-70, 28-5-80, 28-5-90, 28-5-100, 28-5-110, 28-5-120, 28-5-130, 28-5-140, 28-5-150, 28-5-160, 28-5-170, 28-5-180, 28-5-190, 28-5-200, 28-5-210, 28-5-220, 28-5-230, 28-5-240, 28-5-250, 28-5-260, 28-5-270, 28-5-280, 28-5-290, 28-5-300, 28-5-310, 28-5-320, 28-5-330, 28-5-340, 28-5-350, 28-5-360, 28-5-370, 28-5-380, 28-5-390, 28-7-10, 28-7-20, 28-7-30, 28-7-40, 28-9-10, 28-9-20, 28-9-30, 28-9-40, 28-9-50, 28-9-60, 28-9-70, 28-9-80, 28-9-90, 28-9-100, 28-9-110, 31-3-470, 31-3-480, 31-3-490, 48-15-60, 48-15-70, 48-15-80, 48-17-60, 48-17-70, 48-17-80, 49-1-70, 49-13-10, 49-13-20, 49-13-30, 49-13-40, 49-13-50, 49-13-60, 49-13-70, 49-13-80, 49-19-2670, 55-9-60, 55-9-100, 55-9-110, 55-9-120, 55-9-130, 55-9-140, 55-9-150, 55-9-160, 55-9-170, 55-9-180, 57-5-360, 57-5-390, 57-5-400, 57-5-410, 57-5-420, 57-5-430, 57-5-440, 57-5-450, 57-5-460, 57-5-470, 57-5-480, 57-5-490, 57-5-500, 57-5-510, 57-5-520, 57-5-530, 57-5-560, 57-17-320, 57-17-330, 57-17-340, 57-17-350, 57-17-360, 57-17-370, 57-17-380, 57-17-390, 58-9-2040, 58-9-2050, 58-9-2060, 58-9-2070, 58-9-2080, 58-9-2090, 58-9-2110, 58-9-2120, 58-9-2130, 58-9-2140; 58-15-1210, 58-15-1220, 58-15-1230, 58-15-1240, 58-15-1250, 58-15-1260, 58-15-1270, 58-15-1280, 58-15-1290, 58-15-1300, 58-15-1310, 58-15-1320, 58-15-1330, 58-15-1340, 58-15-1350, 58-15-1360, 58-15-1370, 59-19-210, 59-19-220, 59-19-230, AND 59-19-240 RELATING TO VARIOUS PROVISIONS OF LAW PERTAINING TO THE ACQUISITION OF PROPERTY, EASEMENTS OR RIGHTS-OF-WAY, POWER OF CONDEMNATION, RIGHT OF EMINENT DOMAIN, COMPENSATION FOR PROPERTY TAKEN, AND OTHER RELATED MATTERS WHICH ARE INCONSISTENT WITH OR IN CONFLICT WITH THE PROVISIONS OF THE EMINENT DOMAIN PROCEDURE ACT.
(R247) S. 253 -- Senator Leatherman: AN ACT TO AMEND CHAPTER 21 OF TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON AGING, BY ADDING SECTIONS 43-21-130 AND 43-21-140 SO AS TO CREATE THE LONG-TERM CARE COUNCIL AND PROVIDE FOR ITS COMPOSITION, DUTIES, AND RESPONSIBILITIES.
(R248) S. 575 -- Senator Bryan: AN ACT TO AMEND ACT 512 OF 1986, RELATING TO THE REGULATION OF THE BURGLAR ALARM SYSTEM BUSINESS, SO AS TO PROVIDE THAT PERSONS ENGAGED IN THE "BURGLAR ALARM SYSTEM BUSINESS" DO NOT INCLUDE LAW ENFORCEMENT OFFICERS OR INDIVIDUALS WHO MAY RESPOND TO AN ALARM BY HAPPENSTANCE; TO PROVIDE THAT THE APPLICATION FEE FOR BURGLAR ALARM SYSTEM BUSINESS LICENSES MUST BE RETAINED BY THE SOUTH CAROLINA STATE LICENSING BOARD; TO DELETE CERTAIN BONDING REQUIREMENTS AND LANGUAGE PERTAINING TO THESE BONDING REQUIREMENTS OF APPLICANTS FOR LICENSES; TO FURTHER PROVIDE FOR THE REQUIRED CONTENTS OF ADVERTISING, SOLICITING BURGLAR ALARM BUSINESS; AND TO FURTHER PROVIDE FOR THE QUALIFICATIONS AND REQUIREMENTS FOR LICENSURE.
(R249) S. 655 -- Senator Hayes: AN ACT TO ESTABLISH THE LAKE WYLIE MARINE COMMISSION, PROVIDE FOR ITS JURISDICTION, POWERS, DUTIES, AND RESPONSIBILITIES; TO AMEND SECTION 50-1-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR VIOLATION OF GAME, BIRD, OR FISH LAWS, SO AS TO DELETE THE REFERENCE TO THESE LAWS AND INSERT A REFERENCE TO A VIOLATION OF A PROVISION OF TITLE 50, AND INCREASE THE MAXIMUM FINE FROM ONE TO TWO HUNDRED DOLLARS; TO AMEND THE 1976 CODE BY ADDING SECTION 50-3-420 SO AS TO PROVIDE THAT NO OFFICER OF THE LAKE WYLIE MARINE COMMISSION NOR ANY CONSERVATION OFFICER IN THIS STATE IS SUBJECT TO CRIMINAL PROSECUTION WHEN ACTING IN HIS OFFICIAL CAPACITY WITHIN HIS TERRITORIAL JURISDICTION FOR CERTAIN ACTIONS AND TO PROVIDE THAT PROVISIONS OF THIS SECTION DO NOT RELIEVE THESE OFFICERS FROM THE DUTY TO EXERCISE DUE REGARD FOR THE SAFETY OF THE PUBLIC OR PROTECT THEM FROM THE CONSEQUENCES OF RECKLESS, WILFUL, OR WANTON DISREGARD FOR THE SAFETY OF OTHERS NOR LIABILITY FOR CRIMINAL PROSECUTIONS EXCEPT AS STATED IN THIS SECTION.
(R250) S. 588 -- Corrections and Penology Committee: AN ACT TO AMEND SECTIONS 24-3-310 AND 24-3-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISON INDUSTRIES, SO AS TO DECLARE THE FURTHER INTENT IN THE EMPLOYMENT OF CONVICT LABOR IS TO PLACE INMATES IN A REALISTIC WORKING ENVIRONMENT AND TO REQUIRE THE BOARD OF CORRECTIONS TO PLACE NOT LESS THAN FIVE PERCENT NOR MORE THAN TWENTY PERCENT OF GROSS WAGES PAID INMATES WITH THE STATE TREASURER FOR USE IN THE VICTIM ASSISTANCE PROGRAM AND OTHER SELF-SUSTAINING PROGRAMS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 24-3-315 SO AS TO PROVIDE THAT INMATE PARTICIPATION IN ANY PRISON INDUSTRY PROGRAM BE ON A VOLUNTARY BASIS AND THAT THE INMATE DOES NOT DISPLACE EMPLOYED WORKERS OR RECEIVE LESS PAY FOR WORK OF A SIMILAR NATURE.
(R251) S. 84 -- Senators McConnell and Hinson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-21-15 SO AS TO PROVIDE THAT NO STATE AGENCY, DEPARTMENT, BOARD, COMMITTEE, COMMISSION, OR AUTHORITY INITIALLY MAY SET A FEE FOR PERFORMING ANY DUTY, RESPONSIBILITY, OR FUNCTION UNLESS THE FEE IS AUTHORIZED BY STATUTORY LAW AND SET BY REGULATION, TO PROVIDE EXCEPTIONS, AND TO DEFINE STATUTORY LAW.
(R252) S. 25 -- Transportation Committee: AN ACT TO AMEND SECTION 56-5-2930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVING UNDER THE INFLUENCE OF LIQUOR, DRUGS, OR LIKE SUBSTANCES (DUI), SO AS TO DEFINE DRUG; AND TO AMEND SECTION 56-5-2950, RELATING TO IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF BLOOD, SO AS TO PROVIDE THAT BLOOD AND URINE TESTS MAY BE USED, BUT NOT REQUIRED, TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS OR A COMBINATION OF THEM IN THE SYSTEMS OF PERSONS ARRESTED FOR DUI, TO PROVIDE PROCEDURES FOR ADMINISTERING THE TESTS, TO PROVIDE THAT AN ARRESTED PERSON'S FAILURE TO REQUEST ADDITIONAL TESTS IS NOT ADMISSIBLE IN THE TRIAL OF A PERSON, AND TO RELEASE PERSONS ADMINISTERING THE TEST FROM CIVIL AND CRIMINAL LIABILITY UNLESS NEGLIGENT, TO IMPOSE A FEE FOR ADMINISTERING THE TEST ON PERSONS CONVICTED OF VIOLATIONS OF SECTION 56-5-2930 OR 56-5-2945; TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-2955 SO AS TO PROVIDE THAT EVIDENCE OBTAINED UNDER THE PROVISIONS OF SECTION 56-5-2950 IS NOT ADMISSIBLE AS EVIDENCE TO PROVE A CRIMINAL OFFENSE OTHER THAN THOSE OFFENSES DELINEATED IN TITLE 56 OF THE 1976 CODE.
(R253) S. 553 -- Judiciary Committee: AN ACT TO AMEND ARTICLE 3 of CHAPTER 13 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BALLOTS FOR GENERAL AND SPECIAL ELECTIONS, BY ADDING SECTION 7-13-325 SO AS TO PROVIDE THAT THE NAME OF ANY CANDIDATE AUTHORIZED TO APPEAR ON ANY BALLOT IN ANY GENERAL, SPECIAL, OR PRIMARY ELECTION FOR ANY OFFICE MAY BE THE CANDIDATE'S GIVEN NAME, A DERIVATIVE OF HIS GIVEN NAME, OR A NICKNAME, TO PROVIDE FOR A PROCEDURE FOR THE USE OF A DERIVATIVE NAME OR A NICKNAME ON THE BALLOT, AND TO AUTHORIZE THE STATE ELECTION COMMISSION TO PROMULGATE REGULATIONS.
(R254) S. 824 -- Senator Bryan: AN ACT TO PROVIDE THE MANNER IN WHICH THE MEMBERS OF THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 56 OF LAURENS COUNTY ARE ELECTED AND TO REPEAL ACT 6 OF 1959 RELATING TO ELECTION OF TRUSTEES OF SCHOOL DISTRICT NOS. 55 AND 56 OF LAURENS COUNTY.
(R255) S. 177 -- Senator Fielding: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-55-100, SO AS TO PROVIDE THAT FUNERAL VAULTS MUST BE AT LEAST TEN INCHES BELOW THE EARTH'S SURFACE WHERE EXCAVATION FOR THE VAULT MAY BE ACCOMPLISHED WITHOUT DRILLING OR USE OF EQUIPMENT OTHER THAN A SHOVEL, TO DEFINE "FUNERAL VAULT", TO PROVIDE THAT THIS REQUIREMENT DOES NOT APPLY IN COASTAL LOWLAND CEMETERIES SUBJECT TO TIDAL OR SURFACE WATER FLOODING, TO ALLOW FUNERAL VAULTS TO BE AT GROUND LEVEL IN COASTAL LOWLAND CEMETERIES WITH A WATER TABLE AT LEAST TWO FEET BELOW GROUND LEVEL WHICH ARE NOT SUBJECT TO TIDAL OR SURFACE WATER FLOODING, TO PROVIDE A PENALTY FOR VIOLATIONS, AND TO REPEAL CHAPTER 73 OF TITLE 44 OF THE 1976 CODE RELATING TO FUNERAL VAULTS.
(R256) S. 316 -- Senator Pope: AN ACT TO AMEND SECTION 40-15-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATION OF APPLICANTS FOR DENTAL, DENTAL HYGIENIST, AND DENTAL TECHNICIAN LICENSES, SO AS TO PROVIDE THAT DENTAL EXAMINATIONS MUST BE GIVEN ANNUALLY AND DENTAL HYGIENIST AND DENTAL TECHNICIAN EXAMINATIONS MUST BE GIVEN SEMIANNUALLY AND TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF DENTISTRY FOR ONE YEAR.
(R257) S. 823 -- Senator Bryan: AN ACT TO PROVIDE THE MANNER IN WHICH THE MEMBERS OF THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 55 OF LAURENS COUNTY ARE ELECTED AND TO REPEAL ACT 604 OF 1986 RELATING TO THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 55 OF LAURENS COUNTY.
(R258) S. 870 -- Senator Land: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 1 OF CLARENDON COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT IN AN AMOUNT NOT EXCEEDING TWO HUNDRED THOUSAND DOLLARS FOR CERTAIN PURPOSES; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
(R259) S. 835 -- Senator Long: AN ACT TO AMEND SECTION 7-7-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HORRY COUNTY VOTING PRECINCTS, SO AS TO REVISE THE PRECINCTS TO INCLUDE GARDEN CITY 4.
(R260) S. 251 -- Senator Leatherman: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 7 OF TITLE 44 SO AS TO ENACT THE "NURSING HOME LICENSING ACT OF 1987"; TO AMEND SECTION 44-7-130, RELATING TO THE STATE HOSPITAL CONSTRUCTION AND FRANCHISING ACT, SO AS TO SUBSTITUTE NURSING HOMES FOR NURSING CARE AND INTERMEDIATE FACILITIES WITHIN THE DEFINITIONS OF "HOSPITAL" AND "HEALTH CARE FACILITY"; AND TO AMEND SECTION 44-7-320, RELATING TO THE FRANCHISING APPLICATION REQUIRED BY A HEALTH CARE FACILITY, SO AS TO PROVIDE THAT IF A CERTIFICATE OF NEED HAS BEEN ISSUED WITH SPECIAL CONDITIONS OR RESTRICTIONS ATTACHED, THE DEPARTMENT MAY REMOVE THESE CONDITIONS OR RESTRICTIONS WITHOUT REQUIRING A NEW FRANCHISING APPLICATION; AND TO AMEND CHAPTER 6, TITLE 44, RELATING TO THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, BY ADDING SECTION 44-6-220 SO AS TO REQUIRE ALL APPLICATIONS FOR ADMISSION TO A NURSING HOME TO CONTAIN A NOTICE SIGNED BY THE APPLICANT WHICH STATES THE ELIGIBILITY QUALIFICATIONS FOR MEDICAID-SPONSORED LONG-TERM CARE SERVICES.
(R261) S. 398 -- Senator Hayes: AN ACT TO AMEND SECTION 16-11-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL PARKING ON PRIVATE PROPERTY WITHOUT PERMISSION, SO AS TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO AMEND SECTION 56-7-10, RELATING TO THE UNIFORM TRAFFIC TICKET AND THE OFFENSES CHARGED THROUGH USE OF THIS TICKET, SO AS TO ADD A VIOLATION OF SECTION 16-11-760 TO THE LIST OF THESE OFFENSES.
(R262) S. 641 -- Senator Waddell: AN ACT TO AMEND ACT 1278 OF 1970, AS AMENDED, RELATING TO THE ISSUANCE OF PLANT IMPROVEMENT BONDS BY CLEMSON UNIVERSITY, SO AS TO INCREASE FROM FIVE TO FIFTEEN MILLION DOLLARS THE AUTHORIZED AMOUNT OF THE BONDS.
(R263) H. 3199 -- Reps. J.W. McLeod and Lockemy: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR FISCAL YEAR BEGINNING JULY 1, 1987, AND ENDING JUNE 30, 1988.
(R264) H. 3206 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO UNIFORM CLASSIFICATION AND TERRITORIAL PLANS AUTOMOBILE, DESIGNATED AS REGULATION DOCUMENT NUMBER 852, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R265) H. 2701 -- Rep. Limehouse: AN ACT TO AMEND SECTION 30-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO PROVIDE THAT DORCHESTER COUNTY SHALL HAVE A REGISTER OF MESNE CONVEYANCES, AND TO PROVIDE FOR HIS ELECTION BEGINNING IN 1988 AND TERM OF OFFICE.
(R266) H. 3197 -- Reps. Barfield and Thrailkill: AN ACT TO AMEND SECTION 30-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND ACT 123 OF 1985, BOTH AS AMENDED, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO PROVIDE THAT HORRY COUNTY SHALL HAVE A REGISTER OF MESNE CONVEYANCES APPOINTED BY THE HORRY COUNTY GOVERNING BODY.
(R267) H. 2665 -- Reps. M.D. Burriss and McAbee: AN ACT TO AMEND SECTION 39-29-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE REGULATION OF CORNMEAL AND GRITS, SO AS TO REVISE THE DEFINITION OF "APPROPRIATE FEDERAL AGENCY"; TO AMEND SECTION 39-29-40 RELATING TO THE LABELING OF CORNMEAL AND CORN GRITS IN THIS STATE SO AS TO FURTHER PROVIDE FOR THIS LABELING; TO AMEND SECTION 39-29-50 RELATING TO EXEMPTIONS FROM THE PROVISIONS REGULATING CORNMEAL AND GRITS SO AS TO PERMIT CORNMEAL MADE FROM CLEAN CORN TO BE SOLD IN PACKAGES OF TEN POUNDS OR LESS UNDER CERTAIN CONDITIONS AND TO PROVIDE PENALTIES FOR CERTAIN ADVERTISING VIOLATIONS; AND TO AMEND SECTION 39-31-70, RELATING TO THE EXEMPTIONS FROM THE PROVISIONS OF LAWS GOVERNING RICE, SO AS TO FURTHER PROVIDE FOR THESE EXEMPTIONS.
(R268) H. 2564 -- Rep. Evatt: AN ACT TO AMEND SECTIONS 12-37-2610, 12-37-2650, AND 12-37-2730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AD VALOREM PROPERTY TAXES ON MOTOR VEHICLES, SO AS TO PERMIT MOTOR VEHICLES REGISTERED UNDER THE INTERNATIONAL RECIPROCITY PLAN TO PAY THEIR TAXES SEMIANNUALLY.
(R269) H. 2524 -- Reps. Haskins, J.W. McLeod, H. Brown, G. Brown, Sharpe, Sturkie, Clyborne, Jones, Holt, M.D. Burriss, J. Brown, Hawkins, Waldrop, Huff, Corning, T.M. Burriss, K. Bailey, Chamblee, McGinnis, Rice, Gilbert, Kirsh, R. Brown, Nesbitt, Gordon, Gregory, Limehouse, Cooper, Wilder, McCain, McEachin, Mappus, J.H. Burriss and Wells: AN ACT TO AMEND SECTIONS 56-5-1510, 56-5-1520, AND 56-5-1540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT ON THOSE PORTIONS OF THE INTERSTATE HIGHWAY SYSTEM OR ON OTHER STREETS AND HIGHWAYS IN SOUTH CAROLINA WHERE FEDERAL LAW PERMITS THIS STATE TO RAISE THE SPEED LIMIT ABOVE FIFTY-FIVE MILES AN HOUR, THE SPEED LIMIT THEREON IS THAT HIGHER SPEED LIMIT.
(R270) H. 3084 -- Rep. J. Rogers: AN ACT TO AUTHORIZE THE BOARD OF EDUCATION IN MARLBORO COUNTY TO CHARGE MATRICULATION AND OTHER INCIDENTAL FEES.
(R271) H. 3172 -- Reps. Boan and Hodges: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM TO BE HELD FOR THE REGISTERED ELECTORS OF LANCASTER COUNTY RESIDING WITHIN THE GEOGRAPHICAL AREA COMPRISING THE LANCASTER COUNTY SCHOOL DISTRICT ON QUESTIONS CONCERNING THE COMPOSITION OF THE SCHOOL BOARD ORGANIZATION OF THE LANCASTER COUNTY SCHOOL DISTRICT AND THE CHIEF ADMINISTRATIVE OFFICER OF THE LANCASTER COUNTY DISTRICT BOARD OF TRUSTEES, AND TO PROVIDE FOR RELATED MATTERS REGARDING THE REFERENDUM.
(R272) H. 3086 -- Rep. Blackwell: AN ACT TO AMEND ACT 199 OF 1971, RELATING TO THE NORTH GREENVILLE FIRE DISTRICT, SO AS TO PROVIDE A PROCEDURE FOR FILLING VACANCIES IN ITS GOVERNING BODY.
(R273) H. 2064 -- Rep. Kirsh: AN ACT TO AMEND SECTION 57-1-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR ALL EXPENSES PAID BY THE DEPARTMENT TO IMPLEMENT THE DEDICATION OF A ROAD OR BRIDGE, SO AS TO AUTHORIZE THE DEPARTMENT TO BE REIMBURSED FOR ALL EXPENSES TO IMPLEMENT THE DEDICATION FROM THE STATE HIGHWAY FUND WHICH MUST BE APPROVED BY A MAJORITY OF THE SENATORS AND HOUSE MEMBERS REPRESENTING THE COUNTY AFFECTED.
(R274) H. 3178 -- Reps. R. Brown and J.W. McLeod: AN ACT TO REPEAL ACT 1204 OF 1968, AS AMENDED, RELATING TO THE CREATION OF THE MARION-MULLINS VOCATIONAL EDUCATION BOARD OF TRUSTEES; AND TO AMEND ACT 63 OF 1957, RELATING TO RATIFICATION OF THE CONSOLIDATION OF SCHOOL DISTRICTS IN MARION COUNTY, SO AS TO CHANGE THE NAME OF DISTRICT NO. 3 FROM LOWER MARION COUNTY TO RAINS-CENTENARY AND TO DELETE THE REFERENCE TO THE STATE EDUCATIONAL FINANCE COMMISSION.
(R275) H. 2940 -- Rep. Evatt: AN ACT TO PROVIDE THAT THE RICHLAND COUNTY TRUSTEES OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT NO. 5 MUST BE ELECTED IN NONPARTISAN ELECTIONS AND PROVIDE THE MANNER IN WHICH THESE TRUSTEES ARE ELECTED.
(R276) H. 3211 -- Reps. Altman and Snow: AN ACT TO AMEND SECTION 7-7-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN GEORGETOWN COUNTY, SO AS TO REVISE THE VOTING PRECINCTS AND TO PROVIDE THAT VOTING PLACES MUST BE ESTABLISHED BY THE GEORGETOWN COUNTY ELECTION COMMISSION SUBJECT TO APPROVAL BY A MAJORITY OF THE GEORGETOWN COUNTY LEGISLATIVE DELEGATION.
(R277) H. 2500 -- Reps. Ogburn, J. Harris, R. Brown, Blackwell, J.W. McLeod, Mattos, Russell, Boan, P. Bradley, M.O. Alexander, T.M. Burriss, Rice and Hearn: AN ACT TO AMEND CHAPTER 31 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS GENERALLY BY ADDING SECTION 33-31-180 SO AS TO PROVIDE IMMUNITY FROM SUIT OF DIRECTORS, TRUSTEES, OR MEMBERS OF GOVERNING BODIES OF ELECTRIC COOPERATIVES AND NOT-FOR-PROFIT CORPORATIONS, ORGANIZATIONS, AND ASSOCIATIONS WHICH ARE EXEMPT FROM FEDERAL INCOME TAXATION EITHER UNDER THE PROVISIONS OF SECTION 501(c)(3), (c)(6), OR (c)(12) OF THE INTERNAL REVENUE CODE OF 1986 AND TO PROVIDE EXCEPTION TO IMMUNITY.
(R278) H. 2941 -- Rep. Townsend: AN ACT TO AMEND SECTION 46-21-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPLAINT BY A FARMER AGAINST A SEED DEALER, SO AS TO PROVIDE THAT WHEN A FARMER ALLEGES THAT AGRICULTURAL, VEGETABLE, OR FLOWER SEEDS FAIL TO CONFORM TO THE LABEL ATTACHED TO THE SEEDS, AS A PREREQUISITE TO HIS RIGHT TO MAINTAIN A LEGAL ACTION AGAINST THE DEALER, THE FARMER SHALL MAKE A SWORN COMPLAINT AGAINST THE DEALER, PROVIDE FOR THE FILING OF THE COMPLAINT AND FOR SERVICE ON THE DEALER BY CERTIFIED MAIL WITHIN SUCH TIME AS TO PERMIT INSPECTION OF THE SEEDS, CROPS, OR PLANTS BY THE SEED ARBITRATION COMMITTEE OR ITS REPRESENTATIVES AND BY THE DEALER, REQUIRE A FILING FEE OF TWENTY-FIVE DOLLARS PAYABLE TO THE DEPARTMENT OF AGRICULTURE WITH EACH COMPLAINT FILED, PROVIDE FOR THE LANGUAGE SETTING FORTH THE REQUIREMENTS FOR FILING AND SERVING THE COMPLAINT, PROVIDE THAT IF LANGUAGE SETTING FORTH THE REQUIREMENTS IS NOT PROPERLY PLACED ON A PACKAGE LABEL OR THE PACKAGE ITSELF THE FILING AND SERVING OF A COMPLAINT ARE NOT REQUIRED, PROVIDE FOR AN INVESTIGATION BY THE ARBITRATION COMMITTEE UNDER CERTAIN CIRCUMSTANCES AND CONDITIONS, ALLOW ANY INVESTIGATION, FINDINGS, REPORTS, AND RECOMMENDATIONS OF THE COMMITTEE TO BE CONSIDERED BY THE COURT IN A JUDICIAL ACTION, PROVIDE FOR FILING BY THE DEALER OF HIS ANSWER TO THE COMPLAINT AND FOR SERVICE ON THE FARMER BY REGISTERED MAIL, REQUIRE THE COMMISSIONER OF AGRICULTURE TO REFER THE COMPLAINT AND ANSWER TO THE ARBITRATION COMMITTEE FOR CERTAIN PURPOSES, AND PROVIDE THAT, UPON RECEIPT OF THE FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE, THE COMMISSIONER OF AGRICULTURE SHALL TRANSMIT THEM TO THE FARMER AND TO THE DEALER BY REGISTERED MAIL.
(R279) H. 3184 -- Rep. Felder: A JOINT RESOLUTION TO TRANSFER AUTHORITY TO LIMIT AND LEVY SCHOOL TAXES IN CALHOUN COUNTY FROM THE LEGISLATIVE DELEGATION AND GENERAL ASSEMBLY TO THE GOVERNING BODY OF THE COUNTY FOR SCHOOL YEAR 1987-88 AND TO ESTABLISH THE CALHOUN COUNTY SPECIAL SELECT COMMITTEE AND PROVIDE FOR ITS FUNCTION AND COMPOSITION.
(R280) H. 2345 -- Rep. Wilkins: AN ACT TO AMEND SECTION 2-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRINTING AND DISTRIBUTION OF ACTS, SO AS TO INCLUDE THE CHIEF JUDGE AND ASSOCIATE JUDGES OF THE COURT OF APPEALS ON THE DISTRIBUTION LIST; TO AMEND SECTION 11-25-640, RELATING TO PROVISIONS CONCERNING PERSONS ENTITLED TO RECEIVE COPIES OF THE ACTS AND JOINT RESOLUTIONS, SO AS TO PROVIDE THAT COPIES OF THE ACTS AND JOINT RESOLUTIONS BE DISTRIBUTED TO THE COURT OF APPEALS; TO AMEND SECTION 2-13-190, RELATING TO ADVANCE SHEETS, SO AS TO INCLUDE THE COURT OF APPEALS JUDGES AND THE CLERK OF THE COURT OF APPEALS ON THE LIST OF DISTRIBUTION; AND TO AMEND SECTION 2-3-75, RELATING TO THE ESTABLISHMENT AND ADMINISTRATION OF THE OFFICE OF LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES (LPITR), SO AS TO PROVIDE THAT THE DIRECTOR OF LPITR SHALL, WITH THE APPROVAL OF THE CLERKS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES, CONTRACT FOR ALL LEGISLATIVE PRINTING REQUIREMENTS NOT OTHERWISE PROVIDED FOR BY LAW, PROVIDE THAT ANY MATERIALS WHICH HAVE BEEN PRINTED OR PAID FOR UNDER THE LPITR PRINTING CONTRACT MAY BE SOLD TO OTHER STATE AGENCIES AND PRIVATE PERSONS, PROVIDE FOR THE DISPOSITION OF THE FUNDS, PROVIDE FOR THE DEDUCTION AND RETENTION OF CERTAIN EXPENSES INCURRED BY LPITR IN THE PRODUCTION AND DISTRIBUTION OF THE MATERIALS, PROVIDE FOR PAYMENT FOR THE EXPENSES, ALLOW LPITR TO SELL BY CERTAIN MEANS ANY LEGISLATIVE DOCUMENT OR REPORT WHICH MAY BE OBTAINED UNDER CHAPTER 4 OF TITLE 30 (SOUTH CAROLINA FREEDOM ON INFORMATION ACT), AND REQUIRE THAT SALE TO BE WITH THE APPROVAL OF THE CLERKS OF THE HOUSE AND SENATE UPON THEIR PRIOR CONSULTATION WITH THE SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEMPORE OF THE SENATE.
(R281) H. 2783 -- Ways and Means Committee: AN ACT TO AMEND SECTION 59-115-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE EDUCATION ASSISTANCE ACT, SO AS TO REVISE THE DEFINITION OF "STUDENTS" FOR PURPOSES OF THE ACT THEREBY MAKING ANY QUALIFYING STUDENT RATHER THAN ONLY QUALIFYING RESIDENTS OF SOUTH CAROLINA ELIGIBLE FOR STUDENT LOANS.
(R282) H. 2558 -- Rep. McEachin: AN ACT TO REPEAL SECTION 33-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIRED APPROVAL BY THE SHERIFF OF A NONPROFIT CORPORATION'S DECLARATION OF INTENT TO INCORPORATE.
(R283) H. 2869 -- Reps. Sheheen, J. Rogers, Dangerfield, Hawkins, McLellan, Pearce, L. Phillips, Toal and Wilkins: AN ACT TO AMEND CHAPTER 27 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GASOLINE TAXES, BY ADDING ARTICLE 13 SO AS TO IMPOSE ADDITIONAL TAXES ON THE SALE OF GASOLINE, PROVIDE FOR AN ADDITIONAL CREDIT FOR CERTAIN FUEL PURCHASES IN THE STATE, PROVIDE FOR THE DISTRIBUTION AND USE OF REVENUE DERIVED FROM THE ADDITIONAL TAX, PROVIDE THAT OF THE PROCEEDS DERIVED FROM THE ADDITIONAL TAXES TEN MILLION DOLLARS MUST BE SEGREGATED IN A SEPARATE ACCOUNT FOR ECONOMIC DEVELOPMENT AND PROVIDE FOR EXPENDITURES FROM THIS ACCOUNT, REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO SUBMIT A PRIORITY LIST OF PROJECTS TO THE SELECT OVERSIGHT COMMITTEE, CREATED UNDER THE PROVISIONS OF THIS ACT, TO BE FUNDED UNDER THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY PROGRAM, REQUIRE THE DEPARTMENT TO REVIEW THE PRIORITY LIST IN ORDER TO ASCERTAIN THE POSSIBILITY OF CONSTRUCTING TOLL ROADS AND ESTABLISH CRITERIA FOR THEIR CONSTRUCTION, ESTABLISH A COMMITTEE TO MONITOR THE EXPENDITURE OF FUNDS FOR THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY PROGRAM AND PROVIDE FOR ITS COMPOSITION, TO REQUIRE THE DEPARTMENT TO COOPERATE IN PROVIDING INFORMATION AND ASSISTANCE TO IMPLEMENT THE PROVISIONS OF ARTICLE 13 OF CHAPTER 27 OF TITLE 12; TO PROVIDE FOR GOALS OR SET-ASIDES TO INSURE THAT SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS AND THOSE CONTROLLED BY DISADVANTAGED FEMALES RECEIVE TEN PERCENT OF TOTAL STATE SOURCE HIGHWAY FUNDS EXPENDED IN A FISCAL YEAR ON CONSTRUCTION CONTRACTS WHEN THE PROJECT EXCEEDS FIVE HUNDRED THOUSAND DOLLARS AND TO ESTABLISH GUIDELINES AND PREFERENCES IN AWARDING THESE CONTRACTS, TO PROVIDE THAT THE DEPARTMENT MAY WAIVE BONDING REQUIREMENTS UNDER CERTAIN CONDITIONS; TO AUTHORIZE THE DEPARTMENT TO SELL UP TO ONE HUNDRED TWENTY-FIVE MILLION DOLLARS IN BONDS TO BE RETIRED OVER A TWENTY-YEAR PERIOD FROM REVENUE GENERATED BY THE ADDITIONAL TAX AUTHORIZED IN THIS ACT; TO AMEND SECTION 56-3-620, AS AMENDED, RELATING TO THE ANNUAL REGISTRATION FEE FOR PRIVATE PASSENGER-CARRYING AND PROPERTY-CARRYING VEHICLES SO AS TO DELETE THE SPECIAL TEN DOLLAR REGISTRATION FEE FOR PERSONS SIXTY-FIVE YEARS OR OLDER OR HANDICAPPED AND ON CERTAIN PROPERTY-CARRYING VEHICLES AND REDUCE THE FEE FOR PRIVATE PASSENGER-CARRYING VEHICLES FROM SEVENTEEN DOLLARS TO TWELVE DOLLARS; TO AUTHORIZE THE SELECT OVERSIGHT COMMITTEE TO DIRECT ONE QUARTER OF ONE CENT FROM THE ADDITIONAL TAX LEVIED IN THIS ACT TO FUND PUBLIC TRANSPORTATION ACTIVITIES IN THIS STATE AND TO PROVIDE THAT THIS AUTHORIZATION IS EFFECTIVE ONLY UNTIL JUNE 30, 1988; AND TO REPEAL ITEM (5) OF SECTION 1 OF ACT 82 OF 1977 RELATING TO LEGISLATIVE FINDINGS WHICH INDICATE THAT THE DEPARTMENT SHALL FINANCE PUBLIC TRANSPORTATION RESPONSIBILITIES FROM SOURCES OTHER THAN GASOLINE TAX REVENUES AND MOTOR VEHICLE LICENSE FEES.
(R284) H. 2123 -- Rep. McTeer: A JOINT RESOLUTION TO EXTEND THE DEADLINE FOR FILING APPLICATIONS TO CLAIM AGRICULTURAL USE FOR REAL PROPERTY FOR PURPOSES OF AD VALOREM TAXATION FOR TAXABLE YEARS 1986 AND 1987 UNTIL AUGUST 31, 1987.
(R285) H. 2463 -- Reps. Evatt, Beasley and Hayes: AN ACT TO AMEND ARTICLE 9, SUBARTICLE 3, CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-933, SO AS TO PROVIDE THAT THE FAMILY COURT HAS AUTHORITY TO ENFORCE AND MODIFY THE PROVISIONS OF ANY DEGREE, JUDGMENT, OR ORDER OF CHILD SUPPORT OF A COURT OF THIS STATE UNDER CERTAIN CONDITIONS AND TO HOLD ANY ARREARAGE IN CHILD SUPPORT IN ABEYANCE: AND TO AMEND SECTION 20-7-934, RELATING TO THE ENFORCEMENT OR MODIFICATION OF ORDERS OF OTHER COURTS BY THE FAMILY COURT, SO AS TO PROVIDE THAT THE AUTHORITY OF THE FAMILY COURT TO ENFORCE OR MODIFY THESE ORDERS IS SUBJECT TO THE LIMITATIONS CONTAINED IN SECTION 20-7-933.
(R286) H. 2183 -- Reps. Waldrop and Limehouse: AN ACT TO AMEND SECTION 40-6-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUCTIONS AND AUCTIONEERS, SO AS TO PROVIDE THAT QUALIFIED PUREBRED LIVESTOCK AUCTIONEERS AND TOBACCO AUCTIONEERS MAY BE EXEMPTED FROM EXAMINATION AND BONDING REQUIREMENTS BUT NOT FROM LICENSING AND LICENSE FEE PROVISIONS AND TO PROVIDE THAT ALL SALES BY OWNERS ARE EXEMPT UNLESS THE GOODS TO BE SOLD WERE ACQUIRED FOR RESALE.
(R287) H. 2960 -- Rep. Toal: AN ACT TO AMEND SECTIONS 31-6-40, 31-6-70, 31-6-80, 31-6-100, AND 31-6-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX INCREMENT FINANCING FOR REDEVELOPMENT PROJECTS, SO AS TO PROVIDE THAT ALL REFERENCES IN CHAPTER 6 OF TITLE 31 TO "OBLIGATIONS" ARE CONSIDERED TO INCLUDE THOSE OBLIGATIONS A MUNICIPALITY MAY ISSUE TO REFUND, IN WHOLE OR IN PART, OBLIGATIONS IT HAS PREVIOUSLY ISSUED UNDER THE AUTHORITY OF THE CHAPTER; CHANGE THE BASE YEAR FOR CALCULATING THE INCREMENT FROM THE YEAR AFTER THE BONDS ARE ISSUED TO THE YEAR IN WHICH THE PLAN IS ADOPTED BY THE MUNICIPALITY BUT NOT TO EXCEED A FIVE-YEAR PERIOD AFTER THE ADOPTION OF THE ORDINANCE, PROVIDE THAT WHEN BONDS HAVE BEEN RETIRED AND REDEVELOPMENT PROJECT COSTS ARE PAID OR BUDGETED ALL FUNDS REMAINING IN THE SPECIAL TAX ALLOCATION FUND MUST BE PAID TO THE TAXING DISTRICTS, PROVIDE THAT IF BONDS HAVE NOT BEEN ISSUED WITHIN THE FIVE-YEAR PERIOD, THE REDEVELOPMENT PROJECT AREA DESIGNATION IS TERMINATED; REQUIRE THAT THE MAXIMUM ESTIMATED TERM OF BONDS BE STATED IN A NOTICE OF A PUBLIC HEARING, ADD A CONDITION THAT A TAXING DISTRICT IS CONSIDERED TO HAVE CONSENTED TO THE REDEVELOPMENT PLAN IF THE ACTUAL TERM OF OBLIGATIONS ISSUED IS EQUAL TO OR LESS THAN THE TERM STATED IN THE NOTICE OF PUBLIC HEARING, PROVIDE THAT NO CONSENT IS REQUIRED OF ANY TAXING DISTRICT IF THE TERM OF ADDITIONAL REFUNDING BONDS IS NOT GREATER THAN THE LATTER OF FIFTEEN YEARS FROM THE DATE OF THE INITIAL OR REFUNDING BONDS OR THE REMAINING TERM OF THE BONDS, ADD TO THE LIST OF ALTERATIONS WHICH MUST BE APPROVED BY ORDINANCE THE MAXIMUM TERM OF MATURITY OF OBLIGATIONS TO BE ISSUED UNDER THE PLAN; SUBSTITUTE THE COUNTY AUDITOR FOR THE COUNTY ASSESSOR AS THE PROPER OFFICIAL TO CERTIFY THE ASSESSED VALUE OF THE PROPERTY WITHIN THE REDEVELOPMENT PROJECT; AND AUTHORIZE A MUNICIPALITY TO AVAIL ITSELF OF ANY POWERS GRANTED UNDER PROVISIONS OF LAW WHICH PROVIDE FOR THE FINANCING OF WATER AND SEWER SYSTEMS INSTEAD OF AUTHORIZING THE REVENUES FROM THESE SYSTEMS TO BE PLEDGED TO SECURE THE BONDS ISSUED UNDER THE PROVISIONS OF CHAPTER 6 OF TITLE 31 (TAX INCREMENT FINANCING LAW).
(R288) H. 2139 -- Reps. P. Harris and L. Phillips: AN ACT TO AMEND SECTION 44-7-1430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE HOSPITAL REVENUE BOND ACT, SO AS TO MAKE CHANGES WITH RESPECT TO EXISTING DEFINITIONS, INCLUDING THE ADDITION OF NEW DEFINITIONS; TO AMEND SECTION 44-7-1640, RELATING TO THE CUMULATIVE CONSTRUCTION OF ARTICLE 11 OF CHAPTER 7 OF TITLE 44 REGARDING THE POWERS OF A COUNTY AND RELATING FURTHER TO THE ADOPTION OF A BOND RESOLUTION, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE AUTHORIZATION OF AN ISSUE OF BONDS THE PROCEEDS OF WHICH ARE LOANED TO MORE THAN ONE HOSPITAL AGENCY OR PUBLIC AGENCY TO CONSTRUCT OR ACQUIRE HOSPITAL FACILITIES, WHETHER OR NOT THE HOSPITAL FACILITIES ARE LOCATED OR WILL BE LOCATED IN THE JURISDICTION OF ONE OR MORE COUNTIES, MAY BE GOVERNED BY SECTIONS 44-7-1640 THROUGH 44-7-1720; TO AMEND ARTICLE 11 OF CHAPTER 7 OF TITLE 44, RELATING TO THE HOSPITAL REVENUE BOND ACT, BY ADDING SECTIONS 44-7-1650 THROUGH 44-7-1720 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE AUTHORIZING ISSUER AND THE PROJECT COUNTY ARE AUTHORIZED AND EMPOWERED TO ENTER INTO AN INTERGOVERNMENTAL LOAN AGREEMENT TO FACILITATE THE FINANCING OF HOSPITAL FACILITIES, THAT PUBLIC AGENCIES AND HOSPITAL AGENCIES ARE EMPOWERED AND AUTHORIZED TO ENTER INTO SUBSIDIARY LOAN AGREEMENTS, AND THAT NEITHER THE MEMBERS OF THE COUNTY BOARD OF THE AUTHORIZING ISSUER OR THE PROJECT COUNTY NOR ANY PERSON EXECUTING ANY BONDS, THE INTERGOVERNMENTAL LOAN AGREEMENT, OR THE SUBSIDIARY LOAN AGREEMENT, ARE LIABLE PERSONALLY ON THE BONDS NOR SUBJECT TO ANY PERSONAL LIABILITY OR ACCOUNTABILITY BY REASON OF THE ISSUANCE OF THE BONDS; AND TO AMEND CHAPTER 21 OF TITLE 6, RELATING TO THE REVENUE BOND ACT FOR UTILITIES, BY ADDING SECTION 6-21-45 SO AS TO PROVIDE THAT, AS USED IN SECTION 6-21-50, THE PHRASE "HOSPITALS, NURSING HOME AND CARE FACILITIES" HAS THE SAME MEANING AS "HOSPITAL FACILITIES" AS DEFINED IN SECTION 44-7-1430.
At 10:55 A.M. the House resumed, the SPEAKER in the chair.
Reps. McLELLAN and TOAL made statements relative to the Governor's Veto Message on R. 243, H. 2590, The General Appropriations Act.
The following was received.
June 8, 1987
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3092, R-196, a Joint Resolution:
TO PROHIBIT DEER HUNTING IN A DESIGNATED AREA OF DILLON AND MARLBORO COUNTIES FROM SEPTEMBER 15, 1987, THROUGH JANUARY 1, 1993.
This veto is based upon an opinion of the Attorney General's Office, a copy of which is enclosed, which states in concluding that the Joint Resolution is of doubtful constitutionality:
"...Because the Joint Resolution is one for portions of two counties located in separate game zones, the Joint Resolution is not one which is directed toward protection of game in each of the whole game zones, which would be permissible under Article III, Section 34.
"In previous opinions of this Office, acts of the General Assembly which provided for the protection of game in less than zone-wide areas were determined to be unconstitutional. See Ops. Atty. Gen. dated February 13, 1959; February 24, 1960; and October 15, 1962, copies of which are enclosed. Based on the reasoning of those opinions, we are of the opinion that H. 3092, R-196 would most probably be found by a court to be violative of Article III, Section 34(VI) if challenged.
"Article VIII, Section 7 of the State Constitution prohibits the adoption of laws which are local in nature (for a particular county) or which relate to the powers set aside for counties. Notwithstanding that H. 3092, R-196 is a Joint Resolution covering a small portion of two counties, a home rule question is not presented by this Joint Resolution because counties have not been given the power or authority 'to provide for the protection of game.' Op. Atty. Gen. dated March 6, 1984; cf., Section 4-9-30(5) of the Code."
Yours sincerely,
Carroll A. Campbell, Jr.
Governor
June 8, 1987
Mark R. Elam, Counsel to the Governor
Office of the Governor
P.O. Box 11369
Columbia, South Carolina 29211
Dear Mr. Elam:
By your letter of June 2, 1987, you have asked for the opinion of this office as to the constitutionality of H. 3092, R-196, which Joint Resolution prohibits deer hunting in designated areas of Dillon and Marlboro counties for a specified length of time.
In considering the constitutionality of an Act or Joint Resolution of the General Assembly, it is presumed that the Act or Joint Resolution is constitutional in all respects. Moreover, such an Act or Joint Resolution will not be considered void unless its unconstitutionality is clear beyond any reasonable doubt. Thomas v. Macklen, 186 S.C. 290, 195 S.Ed. 2d 539 (1937); Townsend v. Richland County, 190, S.C. 270, 2 S.Ed. 2d 777 (1939). All doubts of constitutionality are generally resolved in favor of constitutionality. While this Office may comment upon potential constitutional problems, it is solely within the province of the courts of this State to declare an act unconstitutional. Notwithstanding these presumptions, we do identify certain constitutional infirmities with respect to H. 3092, R-196.
The Joint Resolution provides that "[t]here is no open season for deer hunting from September 15, 1987, through January 1, 1993, in that area of Marlboro and Dillon Counties surrounded and bounded" by the description contained in the Joint Resolution. According to Section 50-1-60, Code of Laws of South Carolina (1986 Cum. Supp.), Dillon County is located in Game Zone No. 7 and Marlboro County is within Game Zone No. 5. With this background in mind, the constitutional provisions relevant to your inquiry will be examined.
Article III, Section 34(VI) provides:
The General Assembly of this State shall not enact local or special laws concerning any of the following subjects of for any of the following purposes, to wit:
VI. To provide for the protection of game.
Provided, That the General Assembly is empowered to divide the State into as many zones as may appear practicable, and to enact legislation as may appear proper for the protection of game in the several zones...
Clearly, a Joint Resolution prohibiting deer hunting is one for the protection of the game. Because the Joint Resolution is for portions of two counties located in separate game zones, the Joint Resolution is not one which is directed toward protection of game in each of the whole game zones, which would be permissible under Article III, Section 34.
In previous opinions of this Office, Acts of the General Assembly which provided for the protection of game in less than zone-wide areas were determined to be unconstitutional. See Ops. Atty. Gen. dated February 13, 1959; February 24, 1960; and October 15, 1962, copies of which are enclosed. Based on the reasoning of these opinions, we are of the opinion that H. 3092, R-196 would most probably be found by a court to be violative of Article III, Section 34(VI) if challenged.
Article VIII, Section 7 of the State Constitution prohibits the adoption of laws which are local in nature (for a particular county) or which relate to the powers set aside for counties. Notwithstanding that H. 3092, R-196 is a Joint Resolution covering a small portion of two counties, a home rule question is not presented by this Joint Resolution because counties have not been given the power or authority "to provide for the protection of game." Op. Atty. Gen. dated March 6, 1984; cf., Section 4-9-30(5) of the Code.
Based on the foregoing, it is the opinion of this Office that H. 3092, R-196 would most probably be found to be violative of Article III, Section 34(VI). Only a court could conclusively make that determination, however. With kindest regards, I am
Sincerely,
Patricia D. Petway
Assistant Attorney General
Rep. J. ROGERS explained the Veto Message.
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:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Aydlette Bailey, G. Bailey, K. Baker Barfield Beasley Blanding Boan Brown, J. Brown, R. Burriss, M.D. Carnell Chamblee Clyborne Cooper Cork Dangerfield Davenport Day Edwards Elliott Evatt Faber Fair Felder Ferguson Gilbert Gregory Harris, J. Harris, P. Hayes Hearn Helmly Holt Kay Lewis Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McGinnis McKay McLeod, E.B. Moss Nettles Pearce Petty Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Snow Stoddard Thrailkill Toal Townsend Tucker Washington Wells Whipper White Wilder Winstead
Those who voted in the negative are:
So the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The following was received.
June 10, 1987
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3162, R-242, an Act:
TO REPEAL ACT 187 OF 1971 RELATING TO THE LOWER BERKELEY SECONDARY TREATMENT AUTHORITY.
This veto is based upon an opinion of the Attorney General's Office, a copy of which is enclosed, which states in concluding that the Act is of doubtful constitutionality:
"Act No. 187 of 1971 created the Lower Berkeley Secondary Treatment Authority. A review of this Act reveals that the Authority was to be operative in a specified portion of Berkeley County, namely the Hanahan area, though other political subdivisions of Berkeley County within the Authority's service area could also participate.
Only Berkeley County is involved in Act No. 187 of 1971 and hence in H. 3162, R-242 of 1987. Thus, H. 3162, R-242 of 1987 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides in pertinent part that '[n]o laws for a specific county shall be enacted.' Acts similar to H. 3162, R-242 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7. See Cooper River and Playground Commission v. City of North Charleston, 273 S.C. 639, 259 S.E.2d 107 (1979); Torgerson v. Craver, 267 S.C. 558, 230 S.E.2d 228 (1976); Knight v. Salisbury, 262 S.C. 565, 206 S.E.2d 875 (1974).
Yours sincerely,
Carroll A. Campbell, Jr.
Governor
June 10, 1987
Mark R. Elam, Counsel to the Governor
Office of the Governor
P.O. Box 11369
Columbia, South Carolina 29211
Dear Mr. Elam:
By your letter of June 9, 1987, you have asked for the opinion of this Office as to the constitutionality of H. 3162, R-242, an Act repealing Act No. 187 of 1971, which created the Lower Berkeley Secondary Treatment Authority. For the reasons following, it is of the opinion of this Office that the act is of doubtful constitutionality.
In considering the constitutionality of an act of the General Assembly, it is presumed that the act is constitutional in all respects. Moreover, such an act will not be considered void unless its unconstitutionality is clear beyond any reasonable doubt. Thomas v. Macklen, 186 S.C. 290, 195 S.E. 539 (1937); Townsend v. Richland County, 190 S.C. 270, 2 S.Ed.2d 777 (1939). All doubts of constitutionality are generally resolved in favor of constitutionality. While this Office may comment upon potential constitutional problems, it is solely within the province of the courts of this State to declare an act unconstitutional.
Act No. 187 of 1971 created the Lower Berkeley Secondary Treatment Authority. A review of this act reveals that the Authority was to be operative in a specified portion of Berkeley County, namely the Hanahan area, though other political subdivisions of Berkeley County within the Authority's service area could also participate. Only Berkeley County is involved in Act No. 187 of 1971 and hence in H. 3162, R-242 of 1987. Thus, H. 3162, R-242 of 1987 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides in that '[n]o laws for a specific county shall be enacted.' Acts similar to H. 3162, R-242 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7. See Cooper River Parks and Playground Commission v. City of North Charleston, 273 S.C. 639, 259 S.E.2d 107 (1979), Torgerson v. Craver, 267 S.C. 588, 230 S.E.2d 228 (1976); Knight v. Salisbury, 262 S.C. 565, 206 S.E.2d 875 (1974).
Based on the foregoing, we would advise that H. 3162, R-242 would be of doubtful constitutionality. Of course, this Office possesses no authority to declare an act of the General Assembly invalid; only a court would have such authority.
Sincerely,
Patricia D. Petway
Assistant Attorney General
Rep. HELMLY explained the Veto Message.
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:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blanding Brown, H. Burriss, M.D. Carnell Chamblee Clyborne Cooper Dangerfield Davenport Day Edwards Elliott Felder Ferguson Gilbert Gregory Harris, J. Harris, P. Hayes Helmly Holt Johnson, J.C. Kay Kirsh Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McGinnis McLeod, E.B. Moss Nettles Pearce Petty Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Snow Stoddard Toal Townsend Tucker Washington Wells Whipper White Wilder Williams Winstead
Those who voted in the negative are:
So the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The following was received.
June 8, 1987
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 2792, R-197, an Act:
TO TRANSFER THE ASSETS OF THE DILLON COUNTY HISTORIC PRESERVATION COMMISSION TO THE DILLON COUNTY THEATER ASSOCIATION AND TO REPEAL ACT 1027 OF 1966 RELATING TO THE CREATION OF THE DILLON COUNTY HISTORIC PRESERVATION COMMISSION.
This veto is based upon an opinion of the Attorney General's Office, a copy of which is enclosed, which states in concluding that the Act is of doubtful constitutionality:
"The act under consideration pertains only to Dillon County, since the entities affected are the Dillon County Historic Preservation Commission and the Dillon County Theater Association. Likewise, Act No. 1027 of 1966, which is being repealed, created the Dillon County Historic Preservation Commission, an entity solely within Dillon County. Dillon County is thus the only county affected by this act.
"Article VIII, Section 7 of the State Constitution provides in pertinent part that '[n]o laws for a specific county shall be enacted....' Acts similar to H. 2792, R-197 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7 in cases such as Cooper River and Playground Commission v. City of North Charleston, 273 S.C. 639, 259 S.E.2d 107 (1979); Torgerson v. Craver, 267 S.C. 558, 230 S.E.2d 228 (1976); Knight v. Salisbury, 262 S.C. 565, 206 S.E.2d 875 (1974).
Yours sincerely,
Carroll A. Campbell, Jr.
Governor
June 8, 1987
Mark R. Elam, Counsel to the Governor
Office of the Governor
Post Office Box 11369
Columbia, South Carolina 29211
Dear Mr. Elam:
By your letter of June 4, 1987, you have asked that this Office examine H. 2792, R-197 and opine as to its constitutionality. This act repeals Act. No. 1027, 1966 Acts and Joint Resolutions, and transfers all assets of the Dillon County Historic Preservation Commission to the Dillon County Theater Association.
In considering the constitutionality of an act of the General Assembly, it is presumed that the act is constitutional in all respects. Moreover, such an act will not be considered void unless its unconstitutionality is clear beyond any reasonable doubt. Thomas v. Macklen, 186 S.C. 290, 195 S.E. 539 (1937); Townsend v. Richland County, 190 S.C. 270, 2 S.E.2d. 777 (1939). All doubts of constitutionality are generally resolved in favor of constitutionality. While this Office may comment upon potential constitutional problems, it is solely within the province of the courts of this State to declare an act unconstitutional. Notwithstanding these presumptions, it appears that H. 2792, R-197 may be constitutionally infirm.
The act under consideration pertains only to Dillon County, since the entities affected are the Dillon County Historic Preservation Commission and the Dillon County Theater Association. Likewise, Act No. 1027 of 1966, which is being repealed, created the Dillon County Historic Preservation Commission, an entity solely within Dillon County. Dillon County is thus the only county affected by this act.
"Article VIII, Section 7 of the State Constitution provides in pertinent part that "[n]o laws for a specific county shall be enacted...." Acts similar to H. 2792, R-197 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7 in cases such as Cooper River Parks and Playground Commission v. City of North Charleston, 273 S.C. 639, 259 S.E.2d 107 (1979); Torgerson v. Craver, 267 S.C. 558, 230 S.E.2d 228 (1976); Knight v. Salisbury, 262 S.C. 565, 206 S.E.2d 875 (1974).
Based on the foregoing, we would advise that H. 2792, R-197 would be of doubtful constitutionality. Of course, this Office possesses no authority to declare an act of the General Assembly invalid; only a court would have such authority. With kindest regards, I am
Sincerely,
Patricia D. Petway
Assistant Attorney General
Rep. LOCKEMY explained the Veto Message.
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:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, G. Bailey, K. Barfield Baxley Bennett Blackwell Blanding Brown, J. Carnell Chamblee Cooper Dangerfield Davenport Edwards Faber Felder Ferguson Gilbert Harris, J. Hayes Helmly Hodges Holt Johnson, J.C. Kay Kirsh Lockemy Martin, D. Martin, L. Mattos McAbee McBride McGinnis McKay McLeod, E.B. Moss Nettles Pearce Petty Phillips, L. Rhoad Rogers, T. Rudnick Sheheen Shelton Short Snow Thrailkill Toal Washington Wells Whipper White Wilder
Those who voted in the negative are:
So the veto of the Governor was overridden, and a message was ordered sent to the Senate accordingly.
The Senate returned to the House with amendments the following:
H. 2949 -- Rep. Pearce: A BILL TO AMEND SECTION 39-41-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF ETHYL OR METHYL ALCOHOL SOLD FOR FUEL OR PRODUCTION OF GASOHOL, SO AS TO REVISE THE DEFINITION OF GASOHOL, PROVIDE FOR THE PRODUCTION OF MOTOR FUEL, AND PROVIDE FOR THE AUTHORITY OF THE DEPARTMENT OF AGRICULTURE IN LIMITING OXYGENATES.
Rep. PEARCE explained the Senate amendment.
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 was received.
Columbia, S. C., June 25, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 690:
S. 690 -- Senator Hayes: A BILL TO PROVIDE FOR THE LEVY OF SCHOOL TAXES IN YORK COUNTY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 739
Received as information.
The following was received.
The General Assembly, Columbia, S.C. June 25, 1987
The Committee of Free Conference, to whom was referred:
H. 2700 -- Reps. Limehouse and Day: A BILL TO AUTHORIZE THE BOARDS OF TRUSTEES OF ALL SCHOOL DISTRICTS IN DORCHESTER COUNTY TO PREPARE BUDGETS FOR GENERAL SCHOOL PURPOSES FOR THE 1987-88 SCHOOL YEAR AND FOR ALL SCHOOL YEARS THEREAFTER TO BE SUBMITTED TO THE DORCHESTER COUNTY COUNCIL AND TO AUTHORIZE THE COUNTY COUNCIL TO SET THE NECESSARY TAX MILLAGE AFTER APPROVAL OF THE BUDGETS.
Beg leave to report that they have duly and carefully considered the same and recommend:
that the Bill do pass amended as follows: strike all after the enacting words and insert:
/SECTION 1. For the school year 1987-88 and for all school years thereafter, the boards of trustees of all school districts in Dorchester County shall prepare annual budgets for general school purposes and submit the budgets for approval to the Dorchester County Council. The council, after approving the budgets, shall set the necessary tax millage. The council may not assign or delegate its authority under this act to any other entity.
SECTION 2. For the school year 1987-88, the revenue requirements of the Education Finance Act and the Educational Improvement Act must be met.
SECTION 3. For each school year after 1987-88, the tax millage for the annual operating budget for Dorchester County School District No. 4 set by the Dorchester County Council may not increase more than four mills beyond the revenue requirements of the Education Finance Act and the Educational Improvement Act.
SECTION 4. For each school year after 1987-88, the tax millage for the annual operating budget for Dorchester County School District No. 2 set by the Dorchester County Council may not increase more than four mills beyond the revenue requirements of the Education Finance Act and the Educational Improvement Act.
SECTION 5. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/ William S. Branton /s/ George H. Bailey /s/ John W. Matthews, Jr. /s/ Thomas A. Limehouse /s/ Sherry Martschink /s/ Fred L. Day On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Debate was resumed on the Conference Report on the following Bill, the pending question being the consideration of the Report, Rep. WASHINGTON having the floor.
S. 392 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-56 SO AS TO DESIGNATE SPOTTED SEA TROUT AND RED DRUM AS GAME FISH, TO REGULATE THEIR TAKING AND SALE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
The report was adopted and a message was ordered sent to the Senate accordingly.
Debate was resumed on the Conference Report on the following Bill, the pending question being the consideration of the Report, Rep. LIMEHOUSE having been recognized.
H. 2742 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 50-17-1620 AND 50-17-1621, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING SHRIMP BY CAST NET OVER BAIT, SO AS TO ESTABLISH A SEASON FOR TAKING SHRIMP IN BAITED AREAS, PROVIDE FOR THE ISSUANCE OF SHRIMP BAITING PERMITS, PRESCRIBE THEIR USE, AND THE FEE FOR THEIR ISSUANCE; TO ESTABLISH A CATCH LIMIT AND A POSSESSION LIMIT; AND TO INCREASE PENALTIES.
Rep. LIMEHOUSE moved to adjourn debate upon the Conference Report, which was adopted.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, M.O. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Edwards Elliott Evatt Faber Fair Felder Ferguson Foster Foxworth Gentry Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Holt Huff Johnson, J.C. Kay Kirsh Klapman Koon Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod, E.B. McTeer Moss Nesbitt Nettles Ogburn Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Stoddard Sturkie Taylor Thrailkill Toal Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on June 25, 1987.
William H. Jones Denny W. Neilson Joseph T. McElveen James W. Johnson
LEAVE OF ABSENCE
The SPEAKER granted Reps. J.H. BURRISS, KEYSERLING, J. BRADLEY, KOHN and J.W. McLEOD a leave of absence for the day.
Rep. LARRY KOON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, June 4, 1987.
The following Joint Resolution was read the third time, passed and, 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.
S. 807 -- Senator Hinson: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM TO BE HELD FOR THE REGISTERED ELECTORS OF LANCASTER COUNTY RESIDING WITHIN THE GEOGRAPHICAL AREA COMPRISING THE LANCASTER COUNTY SCHOOL DISTRICT ON QUESTIONS CONCERNING THE COMPOSITION OF THE SCHOOL BOARD ORGANIZATION OF THE LANCASTER COUNTY SCHOOL DISTRICT AND THE CHIEF ADMINISTRATIVE OFFICER OF THE LANCASTER COUNTY DISTRICT BOARD OF TRUSTEES, AND TO PROVIDE FOR RELATED MATTERS REGARDING THE REFERENDUM.
Rep. HOLT moved to reconsider the vote whereby the Conference Report on the following Bill was adopted.
S. 392 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-56 SO AS TO DESIGNATE SPOTTED SEA TROUT AND RED DRUM AS GAME FISH, TO REGULATE THEIR TAKING AND SALE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Rep HASKINS moved to table the motion.
Rep. HOLT demanded the yeas and nays, which were not ordered.
The motion to reconsider was tabled by a division vote of 22 to 17.
The Senate amendments to the following Bill were taken up for consideration.
H. 3196 -- Rep. G. Bailey: A BILL TO AMEND ACT 536 OF 1986, RELATING TO DORCHESTER COUNTY SCHOOL DISTRICT NO. 4 AND OTHER SCHOOL MATTERS OF THE COUNTY, SO AS TO ESTABLISH FIVE EQUALLY APPORTIONED SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH FIVE MEMBERS OF THE BOARD OF TRUSTEES OF DORCHESTER COUNTY SCHOOL DISTRICT NO. 4 MUST BE ELECTED IN 1988.
The Dorchester County Legislative Delegation proposed the following Amendment No. 2 (Doc. No. 5980Y), which was adopted.
Amend the Bill, as and if amended, by striking SECTION 2, page 4, lines 12 and 13, and inserting:
/SECTION 2. The Board of Education of Dorchester County is abolished, and the duties and responsibilities of the board are devolved upon the elected board of trustees of the respective school districts in Dorchester County.
SECTION 3. This act takes effect upon approval by the Governor, except for the section abolishing the Board of Education of Dorchester County which takes effect October 31, 1988./
Amend title to conform.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The following was received.
Columbia, S.C., June 25, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Branton, Matthews and Martschink of the Committee of Free Conference on the part of the Senate on H. 2700:
H. 2700 -- Reps. Limehouse and Day: A BILL TO AUTHORIZE THE BOARDS OF TRUSTEES OF ALL SCHOOL DISTRICTS IN DORCHESTER COUNTY TO PREPARE BUDGETS FOR GENERAL SCHOOL PURPOSES FOR THE 1987-88 SCHOOL YEAR AND FOR ALL SCHOOL YEARS THEREAFTER TO BE SUBMITTED TO THE DORCHESTER COUNTY COUNCIL AND TO AUTHORIZE THE COUNTY COUNCIL TO SET THE NECESSARY TAX MILLAGE AFTER APPROVAL OF THE BUDGETS.
Very respectfully,
President
No. 22
Received as information.
The following was received.
Columbia, S.C., June 25, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 2700, and the report having been adopted by both Houses, has ordered the Bill Enrolled for Ratification.
H. 2700 -- Reps. Limehouse and Day: A BILL TO AUTHORIZE THE BOARDS OF TRUSTEES OF ALL SCHOOL DISTRICTS IN DORCHESTER COUNTY TO PREPARE BUDGETS FOR GENERAL SCHOOL PURPOSES FOR THE 1987-88 SCHOOL YEAR AND FOR ALL SCHOOL YEARS THEREAFTER TO BE SUBMITTED TO THE DORCHESTER COUNTY COUNCIL AND TO AUTHORIZE THE COUNTY COUNCIL TO SET THE NECESSARY TAX MILLAGE AFTER APPROVAL OF THE BUDGETS.
Very respectfully,
President
No. 22
Received as information.
Rep. BLACKWELL moved that the House stand at ease until the Rules Committee Report, which was agreed to.
At 11:40 A.M. the House resumed, the SPEAKER in the chair.
The following was received.
The General Assembly, Columbia, S.C. June 25, 1987
The Committee of Free Conference, to whom was referred:
H. 2085 -- Reps. J. Rogers, J. Harris, Beasley, R. Brown, McElveen, Limehouse, Neilson, J. Brown, Hayes, J.H. Burriss, McGinnis, Winstead, Davenport, Keyserling, Wells, J. Bradley, Day, Shelton, Nettles, T. Rogers, Russell, Sharpe, Wilder and McBride: A BILL TO AMEND SECTIONS 12-21-2590, 12-21-2600, AND 12-21-2620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO BINGO LICENSE FEES, ADMISSIONS TAXES, AND THE DISPOSITION OF THE REVENUE THEREFROM, SO AS TO INCREASE THE FEES AND APPLICABLE ADMISSION TAXES FOR CLASS "A" AND "B" LICENSES AND TO PROVIDE THAT ONE-HALF OF THE REVENUES DERIVED MUST BE DEPOSITED IN A SEPARATE PARKS AND RECREATION DEVELOPMENT FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 52-17-70 SO AS TO REQUIRE ANY PERSON LICENSED TO CONDUCT THE GAME OF BINGO TO FILE MONTHLY REPORTS WITH THE SECRETARY OF STATE, TO PROHIBIT THE LICENSING OF MANAGEMENT COMPANIES, AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND THE 1976 CODE BY ADDING CHAPTER 23 TO TITLE 51 SO AS TO PROVIDE FOR A NONCOMPETITIVE PROGRAM OF GRANTS FOR LOCAL PARKS AND RECREATION DEVELOPMENT, PROVIDE DEFINITIONS, AND ESTABLISH A DISTRIBUTION FORMULA.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the Bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Sections 12-21-2590 and 12-21-2600 of the 1976 Code are respectively amended to read:
"Section 12-21-2590. It shall be is unlawful for any person or organization to conduct the game of bingo where prizes of cash or merchandise of value are awarded without first obtaining an annual license to conduct such the games. Such This license shall be is in addition to any other license required by law. No person or organization shall may be issued a license that does not meet the qualifications as set forth in Sections 52-17-10 et seq. No license shall may be issued unless such the person or organization is in compliance with all county or municipal ordinances in regard to bingo. Such The license shall must be obtained from the South Carolina Tax Commission in accordance with the following schedule:
(1) Any person or organization operating a bingo game with prizes in excess of thirty thousand dollars a session must obtain an annual Class AA license at the cost of four thousand dollars a year. The holder of a Class AA license shall not conduct more than one bingo session a month and may not offer prizes in cash or other merchandise during any session which exceed two hundred fifty thousand dollars.
(a) (2) Any person or organization operating a bingo game and such with prizes are in excess of four six thousand dollars per a session but not greater than thirty thousand dollars a session shall must obtain an annual Class A license at the cost of one two thousand five hundred dollars per a year. The holder of a Class A license shall not conduct more than one bingo session per a month and may not offer prizes in cash or other merchandise during any session which exceed thirty thousand dollars.
(b) (3) Any person or organization operating a game of bingo, whose prizes do not exceed four six thousand dollars per a session, and no more than one thousand dollars per a session, may be offered in the form of a jackpot, and all regular game prizes shall do not exceed one hundred fifty dollars must shall obtain an annual Class B license from the South Carolina Tax Commission at the cost of five hundred one thousand dollars per a year. The holder of a Class B license is restricted to a maximum of three sessions per a week.
(c) (4) Any person or organization operating a game of bingo and who offers merchandise prizes or cash prizes of twenty dollars or less per a game, and no more than three hundred dollars per a session may be offered in the form of a jackpot, shall must obtain a Class C license from the South Carolina Tax Commission at no cost.
(d) (5) Any person or organization desirous of conducting the game of bingo at a recognized state or county fair which offers a prize of no more than fifty dollars in merchandise shall must obtain a temporary Class D license from the South Carolina Tax Commission at a cost of one hundred dollars for a period not in excess of ten days, or two hundred dollars for a period in excess of ten days.
(e) (6) Any organization which has a game of bingo and operates exclusively by bona fide members thereof, who are residents of this State and who do so on a strictly volunteer nonpaid unpaid basis and whose gross bingo proceeds do not to exceed $5,500 per five thousand five hundred dollars a month, and where prizes do not exceed $4,000 per four thousand dollars a session and no more than $1,000 per one thousand dollars a session is offered in the form of a jackpot and all regular bingo prizes do not exceed $100 one hundred dollars, must shall obtain an annual Class E license from the South Carolina Tax Commission at the cost of $500 per five hundred dollars a year. The holder of a Class E license is restricted to a maximum of one session per a week. If such the gross bingo proceeds for any month do exceed $5,500 five thousand five hundred dollars, the person or organization shall, within ten days, be is required to obtain a Class B license from the South Carolina Tax Commission and thereafter must comply with all requirements of a Class B license.
In addition to the qualifications listed in Sections 52-17-10 et seq., no license shall may be issued to any charitable, religious, or fraternal organization that has not been domiciled in South Carolina for at least three years. Any organization may apply for any of the types of licenses, but cannot hold more than one license at any one time. Once issued, the organization must function under the regulations of that license for a period of not less than one year, except Class D licenses, from the date of issuance.
Section 12-21-2600. (a) (A) The holder of a Class AA license is required to charge an admissions tax of eight dollars a bingo player a session.
(b) (B) The holder of a Class A license shall be is required to charge an admissions tax of three four dollars per a bingo player per a session.
(C) The holder of a Class B license shall be is required to charge an admissions tax of one dollar per two dollars a bingo player per a session.
The holder of Class AA, Class A, and Class B licenses shall issue to each bingo player a special ticket and such these tickets must be approved by the South Carolina Tax Commission. Such The tickets must must clearly state the amount of admissions tax paid. The holder of Class D and Class E licenses shall be are subject to the admissions tax as imposed in Section 12-21-2420."
SECTION 2. Section 12-21-2620 of the 1976 Code is amended to read:
"Section 12-21-2620. (A) Notwithstanding the provisions of subsection A of Section 51-1-75(A),:
(1) fifty percent of the annual revenue derived from the provisions of Sections 12-21-2590 and 12-21-2600 which are collected from bingo games within the State of South Carolina shall must be deposited with the State Treasurer to be and credited to the general fund.
(2) thirty-seven and one-half percent of the annual revenue derived from the provisions of Sections 12-21-2590 and 12-21-2600 which are collected from bingo games within the State of South Carolina must be deposited by the State Treasurer in a separate fund for the Department of Parks, Recreation and Tourism, which is hereby created, entitled the Parks and Recreation Development Fund (Fund). Interest earned by this Fund must be added to the Fund and credited to the various accounts within the Fund in the same proportion that the annual allocation to each account in the Fund bears to the total annual distribution to the Fund. Unexpended amounts in the various Fund accounts must be carried forward to succeeding fiscal years except as provided in Section 51-23-30. Fund proceeds must be distributed as provided in Chapter 23 of Title 51.
(3) twelve and one-half percent of the annual revenue derived from the provisions of Sections 12-21-2590 and 12-21-2600 which are collected from bingo games within the State of South Carolina must be deposited with the State Treasurer to be credited to the account of the South Carolina Commission on Aging. This amount must be allocated to each count for distribution in home community services for the elderly as follows:
(a) one-half of the funds must be equally divided among the forty-six counties;
(b) the remaining one-half must be divided based on the percentage of the county's population age sixty and above in relation to the total state population using the Report of the United States Bureau of the Census;
(c) the aging service providers receiving these funds must be agencies recognized by the South Carolina Commission on Aging and the Area Agencies on Aging."
SECTION 3. Title 51 of the 1976 Code is amended by adding:
Section 51-23-10. For purposes of this chapter:
(1) 'County area' means the area included within the geographical boundaries of a county.
(2) 'Eligible entity' means any local governmental entity, including a special purpose district, within a county area applying for a grant under this chapter which has provided parks or recreation services for at least twelve months prior to the date of the application. The Department of Parks, Recreation and Tourism shall annually determine those local units which qualify as 'eligible entities'.
Section 51-23-20. The proceeds of the Parks and Recreation Development Fund (Fund) established pursuant to Section 12-21-2620 must be allocated annually as follows:
(1) Twenty thousand dollars must be credited to the account of each county area.
(2) Seventy-five percent of the remainder of the Fund must be credited to the account of each county area on a per capita basis according to the population estimates for counties prepared annually by the Bureau of the Census and published in 'Current Population Reports'.
(3) The remainder of the Fund must be allocated to the account of the Department of Parks, Recreation and Tourism. Amounts allocated to individual accounts in the Fund must be distributed as provided in Sections 51-23-30 and 51-23-40.
Section 51 -23-30. The department shall devise and administer a noncompetitive program of grants to eligible entities within each county area for planning and development for new parks and recreation facilities or renovations of existing facilities. Grant funds may not be used to supplant existing funding for parks and recreation purposes nor may they be used to retire indebtedness incurred prior to July 1, 1988. Grant awards must be made by the department according to criteria and administrative guidelines it shall develop and furnish to potential grant applicants. All grants must be in the form of reimbursements and no grant may be awarded unless the grantee matches the grant in an amount equal to at least twenty percent of the grant. All grant applications must be submitted in writing and signed by a majority of the members of the legislative delegation representing the eligible entity applying for the grant. Unexpended grant funds in any account may be carried forward for not more than three succeeding fiscal years, after which any unexpended funds must be reallocated on a statewide basis in the next fiscal year as part of the distribution to the Fund for that year.
Section 51 -23-40. Funds allocated to the account of the department pursuant to this chapter must be used by it for planning, development, and renovation of new state parks and recreation facilities located therein except that the department may expend an amount not to exceed five percent of its annual allotment for the expenses of administering this chapter."
SECTION 4. Chapter 17 of Title 52 of the 1976 Code is amended by adding:
"Section 52-17-70. (A) Every person licensed to conduct the game of bingo in this State shall file with the Secretary of State a notarized monthly report which shall must include the following information:
(1) the total amount of monies received from conducting the game of bingo during the reporting month;
(2) the total amount of monies paid to winners of bingo games during the reporting month;
(3) the name of the management company, if any, with whom the licensee is contracting to operate the bingo games, and a copy of the management contract except that after the initial filing of a management contract, only contract revisions, if any, must be included in the monthly report.
(B) Any management company operating a bingo game is ineligible to be licensed for the operation of bingo games under the provisions of this chapter.
(C) Any person violating the provisions of this section is guilty of a misdemeanor and upon conviction must have his license suspended for a period of two years.
(D) Any report filed under the provisions of this section is a public record."
SECTION 5. The amendments to Sections 12-21-2590 and 12-21-2600 of the 1976 Code contained in this act are effective September 1, 1987. No grant awards pursuant to Chapter 23 of Title 51 of the 1976 Code added by this act may be made before July 1, 1988.
SECTION 6. The profits derived from the game of bingo shall be used for the charitable, religious, or fraternal purposes of the organization.
SECTION 7. All "AA", "A", and "B" class licensees must submit a yearly financial statement to the Tax Commission. The Tax Commission shall promulgate the rules and regulations for the contents of this statement.
SECTION 8. No person may have a financial interest in, be employed by, or in any way participate in the operation of any bingo game if such person has been convicted of any crime or offense defined and regulated under Title 16, 1976 Code of Laws of South Carolina, as amended.
SECTION 9. For the fiscal year 1987-88 only, the annual revenue derived from the provisions of Sections 12-21-2590 and 12-21-2600 which are collected from bingo games within the State of South Carolina must be distributed as follows:
(a) three million five hundred thousand dollars must be deposited with the State Treasurer and credited to the general fund;
(b) of any revenue collected in excess of three million five hundred thousand dollars,
(1) seventy-five percent of the excess must be deposited with the State Treasurer and credited to the account of Parks, Recreation and Tourism to be used as provided in Section 12-21-2620 of the 1976 Code; and
(2) twenty-five percent of the excess must be deposited with the State Treasurer to be credited to the account of the South Carolina Commission on Aging to be used as provided in Section 12-21-2620 of the 1976 Code.
SECTION 10. Except as otherwise provided herein, this act takes effect upon approval by the Governor./
Amend title to conform.
/s/ Isadore E. Lourie /s/ D. Malloy McEachin, Jr. /s/ Edward E. Saleeby /s/ Douglas E. McTeer /s/ David L. Thomas /s/ John I. Rogers, III On Part of the Senate. On Part of the House.
Rep. J. ROGERS explained the Free Conference Report.
Rep. HASKINS spoke against the Free Conference Report.
The question then recurred to the adoption of the Free Conference Report, which was agreed to and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 25, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Saleeby, Lourie and Thomas of the Committee of Free Conference on the part of the Senate on H. 2085:
H. 2085 -- Reps. J. Rogers, J. Harris, Beasley, R. Brown, McElveen, Limehouse, Neilson, J. Brown, Hayes, J.H. Burriss, McGinnis, Winstead, Davenport, Keyserling, Wells, J. Bradley, Day, Shelton, Nettles, T. Rogers, Russell, Sharpe, Wilder and McBride: A BILL TO AMEND SECTIONS 12-21-2590, 12-21-2600, AND 12-21-2620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO BINGO LICENSE FEES, ADMISSIONS TAXES, AND THE DISPOSITION OF THE REVENUE THEREFROM, SO AS TO INCREASE THE FEES AND APPLICABLE ADMISSION TAXES FOR CLASS "A" AND "B" LICENSES AND TO PROVIDE THAT ONE-HALF OF THE REVENUES DERIVED MUST BE DEPOSITED IN A SEPARATE PARKS AND RECREATION DEVELOPMENT FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 52-17-70 SO AS TO REQUIRE ANY PERSON LICENSED TO CONDUCT THE GAME OF BINGO TO FILE MONTHLY REPORTS WITH THE SECRETARY OF STATE, TO PROHIBIT THE LICENSING OF MANAGEMENT COMPANIES, AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND THE 1976 CODE BY ADDING CHAPTER 23 TO TITLE 51 SO AS TO PROVIDE FOR A NONCOMPETITIVE PROGRAM OF GRANTS FOR LOCAL PARKS AND RECREATION DEVELOPMENT, PROVIDE DEFINITIONS, AND ESTABLISH A DISTRIBUTION FORMULA.
Very respectfully,
President
No. 23
Received as information.
The following was received.
Columbia, S.C., June 25, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 2085:
H. 2085 -- Reps. J. Rogers, J. Harris, Beasley, R. Brown, McElveen, Limehouse, Neilson, J. Brown, Hayes, J.H. Burriss, McGinnis, Winstead, Davenport, Keyserling, Wells, J. Bradley, Day, Shelton, Nettles, T. Rogers, Russell, Sharpe, Wilder and McBride: A BILL TO AMEND SECTIONS 12-21-2590, 12-21-2600, AND 12-21-2620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY 'TO BINGO LICENSE FEES, ADMISSIONS TAXES, AND THE DISPOSITION OF THE REVENUE THEREFROM, SO AS TO INCREASE THE FEES AND APPLICABLE ADMISSION TAXES FOR CLASS "A" AND "B" LICENSES AND TO PROVIDE THAT ONE-HALF OF THE REVENUES DERIVED MUST BE DEPOSITED IN A SEPARATE PARKS AND RECREATION DEVELOPMENT FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 52-17-70 SO AS TO REQUIRE ANY PERSON LICENSED TO CONDUCT THE GAME OF BINGO TO FILE MONTHLY REPORTS WITH THE SECRETARY OF STATE, TO PROHIBIT THE LICENSING OF MANAGEMENT COMPANIES, AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND THE 1976 CODE BY ADDING CHAPTER 23 TO TITLE 51 SO AS TO PROVIDE FOR A NONCOMPETITIVE PROGRAM OF GRANTS FOR LOCAL PARKS AND RECREATION DEVELOPMENT, PROVIDE DEFINITIONS, AND ESTABLISH A DISTRIBUTION FORMULA.
Very respectfully,
President
No. 23
Received as information.
The report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
The House stood at ease subject to the call of the chair.
At 12:30 P.M. the House resumed, the SPEAKER in the chair.
Rep. PEARCE moved to waive Rule 6.1, which was agreed to.
The House stood at ease subject to the call of the chair.
At 12:40 P.M. the House resumed, the SPEAKER in the chair.
Rep. LIMEHOUSE raised the Point of Order that S.860 (Sine Die Resolution) made no provision for the receipt of committee reports, therefore the report of the Rules Committee was out of order.
The SPEAKER stated that the report of the Rules Committee amended the orders of the day under Rule 6.3, was therefore a procedural matter, and he overruled the Point of Order.
The following was introduced:
H. 3215 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER GUBERNATORIAL VETOES NUMBER 1 THROUGH NUMBER 277 H. 2590, R. 243, FOR CONSIDERATION IMMEDIATELY.
Be it resolved by the House of Representatives:
That gubernatorial vetoes number 1 through 277 H. 2590, R. 243, be set by special order for consideration immediately in the following order and that each veto continue to be considered upon adoption of this resolution on June 25, 1987, and upon the next meeting of the General Assembly in 1988 until each particular veto is disposed of. The consideration of the vetoes shall be interrupted for the:
(a) receipt and confirmation of appointments;
(b) appointments of conference and free conference committees;
(c) consideration of conference and free conference reports;
(d) ratification of acts;
(e) the concurrence or nonconcurrence of any legislative matters received from the other House;
(f) consideration of gubernatorial vetoes on bills other than H. 2590 or R. 243.
VETO 272, Part II, Section 17, Page II-006:
(Bill: Section 9, Pages II-11 through 13)
Because of the delay in rate reduction for corporations in South Carolina in the Tax Conformity Provision (Section 39 of Part II) there will be a substantial revenue increase to the general fund. Although I reluctantly agreed to the phase out of the six percent (6%) rate I did so in the hope that there will be no additional tax burden on our corporate citizens. To agree to this provision which operates as an increase tax on corporations would again send a wrong signal to those potential corporate investors in South Carolina.
Based on the foregoing, I am vetoing this provision.
VETO 259 - Section 86, Tax Commission, Page 86-002, Line 13, Supplies and Materials, $695,780
(Bill: Page 86-002, Line 8)
VETO 260 - Section 86, Tax Commission, Page 86-002, Line 31, Fixed Charges and Contributions, $302,000
(Bill: Page 86-002, Line 26)
VETO 128 - Section 30, State Education Department, Page 30-003, Line 39, Supplies and Materials, $4,218,974
(Bill: Page 30-003, Line 27)
VETO 266 - Section 125, Aid to Subdivisions, Page 125-002, Line 36, Aid to Planning Districts, $725,521
(Bill: Page 125-002, Line 31)
VETO 227 - Section 64, Family Farm Development Authority, Page 64-001, Lines 1-40, Page 64-002, Lines 1-40; Page 64-003, Lines 1-18
Total Family Farm Development Authority $330,155
Total Authorized FTE Positions (8.00)
(Bill: Page 64-001, Lines 1 through 44; Page 64-002, Lines 1 through 43; Page 64-003, Lines 1 through 11)
I have serious doubts about the viability of the proposed "credit union" and the assistance it can offer to farmers. Changes in the 1986 federal tax law made the credit union proposal less attractive to banks and therefore less likely to succeed. In addition, serious questions have been raised about management of the agency, and it has been the target of investigations by the State Auditor's Office and the State Law Enforcement Division. I intend for this veto to lead to a complete elimination of the Authority.
VETO 187 - Section 42, Department of Mental Health, Page 42-001, Line 17, Contractural Services, $500,000
(Bill: Page 42-001, Line 17)
VETO 133 - Section 30.98, State Department of Education, Page 30-024; Line 13-38, Column 1:
(Bill: Section 30.76, Page 30-028, Lines 33 through 45; Page 30-029, Lines 1-13)
This proviso requires 10% of the total state dollars appropriated for gifted and talented programs to be set aside for serving artistically gifted and talented students. It also states that, "any funds allocated to a school district that has identified a lesser number of artistically gifted and talented students than the number permitted by their proportionate share of the ten percent (10%) shall be redistributed on a proportionate share basis to those districts that have identified a greater number of artistically gifted and talented students than permitted by their proportionate share of the ten percent (10%)."
This language clearly allows some school districts to receive more than their proportionate share of gifted and talented funds. While this may be beneficial for districts which have well-developed arts programs, other districts will lose their proportionate share of these funds. It is possible that some of the school districts which would lose funds under this proviso are poor districts. I believe these are the very districts which need funds for gifted students, and that we would be making a mistake to allow this diversion of money to other, wealthier districts.
Based on this reason, I am vetoing Section 30.98.
VETO 121 - Section 29, St. Bd. for Technical and Comprehensive Ed., Page 29-004, Line 7, Fixed Charges and Contributions, $90,245
(Bill: Page 29-003, Line 38)
VETO 195 - Section 43, Department of Mental Retardation, Page 43-001, Line 15, Contractual Services, $304,897
(Bill: Page 43-001, Line 15)
VETO 180 - Section 41, Department of Health and Environmental Control, Page 41-018, Line 26, Scholarships-Non-State Employees, $279,000
(Bill: Page 41-016, Line 28)
VETO 177 - Section 40, State Health and Human Services Finance Commission, Page 40-004, Line 30, Family Planning, $238,112
(Bill: Page 40-004, Line 4)
VETO 178 - Section 40, State Health and Human Services Finance Commission, Page 40-001, Line 11, Contractual Services $313,516
(Bill: Page 40-001, Line 11)
VETO 232 - Section 67, Wildlife and Marine Resources, Page 67-003, Line 21, Fixed Charges and Contributions, $60,282
(Bill: Page 67-003, Line 13)
VETO 117 - Section 27D, Charleston Higher Education Consortium, Page 27-017, Line 7, 2 FTE
(Bill: Page 27-015, Line 7)
VETO 116 - Section 27D, Charleston Higher Education Consortium, Page 27-017, Line 6, Unclassified Positions, $67,622
(Bill: Page 27-015, Line 6)
VETO 214 - Section 60, Water Resources Commission, Page 60-002, Line 14, Supplies and Materials, $ 55,816
(Bill: Page 60-002, Line 9)
VETO 200 - Section 45, Department of Social Services, Page 45-002, Line 30, Equipment, $773,785
(Bill: Page 45-002, Line 26)
VETO 275, Part II, Section 55, Page II-034:
(Bill: Section 39, Page II-68)
Article III, Section 17 of the South Carolina Constitution requires that every Act or resolution which has the force of law must relate to but one subject.
In the 1985 case of Ex Parte Georgetown County Water and Sewer District, 284 S. C. 466, the South Carolina Supreme Court applied the foregoing requirement of Article III, Section 17, to an appropriations bill passed by the General Assembly. The court said, "The subject of an appropriations bill is solely to make appropriations to meet the ordinary expenses of state government and to direct the manner in which the funds are to be expended." The Supreme Court indicated that, "The test to be applied to provisions of an appropriations act is whether the challenged legislation reasonably and inherently relates to the raising and spending of tax monies."
Part II, Section 55 changes the academic requirements for participation in interscholastic activities by students in grades nine through twelve. On its face, this section is not germane to the appropriations bill since it clearly fails to meet the basic test of whether it "reasonably and inherently relates to the raising and spending of tax monies."
I am, therefore, vetoing Part II, Section 55.
VETO 250 - Section 77, Public Service Commission, Page 77-003, Line 31, Supplies and Materials, $35,077
(Bill: Page 77-003, Line 22)
VETO 251 - Section 77, Public Service Commission, Page 77-001, Line 14, Supplies and Materials, $20,900
(Bill: Page 77-001, Line 14)
VETO 252 - Section 77, Public Service Commission, Page 77-001, Line 30, Equipment, $4,710
(Bill: Page 77-001, Line 30)
VETO 1 - Section 3H, State Reorganization Commission, Page 3-027, Line 14, Travel $5,000
(Bill: Page 3-002, Line 9)
VETO 2 - Section 5A, Governor's Office, Executive Control of the State, Page 5-001, Line 18, Transportation $1,500
(Bill: Page 5-001, Line 18)
This cut is in addition to a cut of $4,335 in actual spending from FY 86-87 to FY 87-88.
VETO 3 - Section 5B, Governor's Office, State Law Enforcement Division, Page 5-005, Line 36, Contractual Services, $25,840
(Bill: Page 5-004, Line 28)
VETO 4 - Section 5B, Governor's Office, State Law Enforcement Division, Page 5-005, Line 11, Equipment, $63,887
(Bill: Page 5-004, Line 3)
VETO 5 - Section 5B, Governor's Office, State Law Enforcement Division, Page 5-005, Line 40, Equipment, $10,000
(Bill: Page 5-004, Line 32)
VETO 6 - Section 5B, Governor's Office, State Law Enforcement Division, Page 5-003, Line 17, Library Books, Maps and Films, $500
(Bill: Page 5-002, Line 17)
VETO 7 - Section 5B, Governor's Office, State Law Enforcement Division, Page 5-005, Line 39, Travel, $4,000
(Bill: Page 5-004, Line 31)
VETO 8 - Section 5C, Governor's Office, Office of Executive Policy and Programs, Page 5-007, Line 17, transportation, $12,080
Bill: Page 5-006, Line 17)
This cut is in addition to a $205,170 decrease in actual spending from FY 1986-87 to FY 1987-88.
VETO 9 - Section 6, Lt. Governor's Office, Page 6-001, Line 13, Fixed Charges and Contributions, $300
(Bill: Page 6-001, Line 13)
VETO 10 - Section 6, Lt. Governor's Office, Page 6-001, Line 14, Travel, $1,411
(Bill: Page 6-001, Line 14)
VETO 11 - Section 7, Secretary of State's Office, Page 7-001, Line 11, Equipment, $4,984
(Bill: Page 7-001, Line 11)
VETO 12 - Section 7, Secretary of State's Office, Page 7-001, Line 10, Travel, $4,224
(Bill: Page 7-001, Line 10)
VETO 13 - Section 8, Comptroller General's Office, Page 8-003, Line 4, Contractual Services, $37,513
(Bill: Page 8-002, Line 31)
VETO 14 - Section 8, Comptroller General's Office, Page 8-001, Line 16, Transportation, $1,000
(Bill: Page 8-001, Line 16)
VETO 15 - Section 9, State Treasurer's Office, Page 9-001, Line 14, Travel, $27,399
(Bill: Page 9-001, Line 14)
VETO 16 - Section 9, State Treasurer's Office, Page 9-001, Line 28, Temporary Positions, $2,408
(Bill: Page 9-001, Line 28)
VETO 17 - Section 9, State Treasurer's Office, Page 9-001, Line 31, Contractual Services, $2,926
(Bill: Page 9-001, Line 31)
VETO 18 - Section 10, Attorney General's Office, Page 10-001, Line 8, Temporary Positions, $18,000
(Bill: Page 10-001, Line 8)
VETO 19 - Section 10, Attorney General's Office, Page 10-001, Line 33, Contractual Services, $2,680
(Bill: Page 10-001, Line 31)
VETO 20 - Section 11, Commission on Appellate Defense, Page 11-001, Line 16, Library Books, Maps and Films, $9,105
(Bill: Page 11-001, Line 16)
VETO 21 - Section 13, Adjutant General's Office, Page 13-002, Line 13, Equipment, $29,200
(Bill: Page 13-002, Line 6)
VETO 22 - Section 13, Adjutant General's Office, Page 13-002, Line 12, Travel, $9,000
(Bill: Page 13-002, Line 5)
VETO 23 - Section 13, Adjutant General's Office, Page 13-004, Line 23, Transportation, $1,500
(Bill: Page 13-004, Line 7)
VETO 24 - Section 15, State Election Commission, Page 15-001, Line 38, Supplies and Materials, $12,535
(Bill: Page 15-001, Line 37)
VETO 25 - Section 15, State Election Commission, Page 15-001, Line 16, Per Diem, $2,450
(Bill: Page 15-001, Line 16)
VETO 26 - Section 15, State Election Commission, Page 15-003, Line 3, Fixed Charges and Contributions, $650
(Bill: Page 15-002, Line 38)
VETO 27 - Section 16A, Budget and Control Board, Office of Executive Director, Page 16-001, Line 24, Departmental Printing, $50,008
(Bill: Page 16-001, Line 22)
VETO 28 - Section 16A, Budget and Control Board, Office of Executive Director, page 16-001, Line 17, Supplies and Material, $8,934
(Bill: Page 16-001, Line 16)
VETO 29 - Section 16A, Budget and Control Board, Office of Executive Director, Page 16-002, Line 7, Total Lead Poisoning, $1,000
(Bill: Page 16-001, Line 42)
VETO 30 - Section 16B, Budget and Control Board, Budget Division, Page 16-004, Line 9, Contractual Services, $5,506
(Bill: Page 16-004, Line 9)
VETO 31 - Section 168, Budget and Control Board, Budget Division, Page 16-004, Line 10, Supplies and $2,070
(Bill: Page 16-004, Line 10)
VETO 32 - Section 16B, Budget and Control Board, Budget Division, Page 16-004, Line 32, Travel, $3,500
(Bill: Page 16-004, Line 19)
VETO 33 - Section 16C, Budget and Control Board, Research and Statistical Services Division, Page 16-006, Line 39, Fixed Charges and Contributions, $9,250
(Bill: Page 16-006, Line 39)
VETO 34 - Section 16C, Budget and Control Board Research and Statistical Services Division Page 16-009, Line 3, Supplies and Materials, $21,360
(Bill: Page 16-008, Line 26)
VETO 35 - Section 16D, Budget and Control Board, Information Resources Management, Page 16-011, Line 11, Contractual Services, $3,700
(Bill: Page 16-010, Line 11)
VETO 36 - Section 16D, Budget and Control Board Information Resources Management, Page 16-011, Line 12, Supplies and Materials, $5,378
(Bill: Page 16-010, Line 12)
VETO 37 - Section 16D, Budget and Control Board Information Resources Management, Page 16-011, Line 14, Travel $12,000
(Bill: Page 16-010, Line 14)
VETO 38 - Section 16D, Budget and Control Board Information Resources Management, Page 16-011, Line 25, Telecommunications Specialist III, From Total Funds, $30,257
(Bill: Page 16-010, Line 25)
VETO 39 - Section 16D, Budget and Control Board, Information Resources Management, Page 16-011, Line 16, (1.00)
(Bill: Page 16-010, Line 26)
VETO 40 - Section 16D, Budget and Control Board Information Resources Management, Page 16-011, Line 27, Telecommunications Specialist I, From Total Funds, $58,956
(Bill: Page 16-010, Line 27)
VETO 41 - Section 16D, Budget and Control Board, Information Resources Management, Page 16-011, Line 28, (3.00)
(Bill: Page 16-010, Line 28)
I have a number of concerns about the State's management of its telephone system. The addition of any new positions is precipitous at this time.
VETO 42 - Section 16E, Budget and Control Board, General Services Division, Page 16-019, Line 11, Fixed Charges and Contributions, $16,100
(Bill: Page 16-016, Line 35)
VETO 43 - Section 16E, Budget and Control Board, General Services Division, Page 16-019, Line 12, Travel, $15,000
(Bill: Page 16-016, Line 36)
VETO 44 - Section 16E, Budget and Control Board, General Services Division, Page 16-019, Line 25, Fixed Charges and Contributions, $24,235
(Bill: Page 16-017, Line 5)
VETO 45 - Section 16F, Budget and Control Board, State Fire Marshal, Page 16-027, Line 39, Supplies and Materials, $1,525
(Bill: Page 16-024, Line 38)
VETO 46 - Section 16F, Budget and Control Board, State Fire Marshal, Page 16-028, Line 3, Library Books, Maps and Films, $1,100
(Bill: Page 16-024, Line 42)
VETO 47 - Section 16F, Budget and Control Board, State Fire Marshal, Page 16-028, Line 25, Supplies and Materials, $23,994
(Bill: Page 16-025, Line 19)
VETO 48 - Section 16G, Budget and Control Board, Motor Vehicle Management Division, Page 16-030, Line 15, Supplies and Materials, $2,617
(Bill: Page 16-027, Line 15)
VETO 49 - Section 16H, Budget and Control Board, Human Resource Management, Page 16-032, Line 17, Travel, $11,600
(Bill: Page 16-029, Line 17)
VETO 50 - Section 16H, Budget and Control Board, Human Resource Management, Page 16-032, Line 18, Equipment, $12,144
(Bill: Page 16-029, Line 18)
VETO 51 - Section 16H, Budget and Control Board, Human Resource Management, Page 16-032, Line 37, Travel, $5,000
(Bill: Page 16-029, Line 37)
VETO 52 - Section 16J, Budget and Control Board, State Auditor, Page 16-038, Line 14, Contractual Service, $10,008
(Bill: Page 16-034, Line 14)
VETO 53 - Section 16J, Budget and Control Board, State Auditor, Page 16-038, Line 32, Supplies and Materials, $24,300
(Bill: Page 16-034, Line 32)
VETO 54 - Section 17, Commission on Higher Education, Page 17-001, Line 10, Per Diem, $6,658
(Bill: Page 17-001, Line 10)
VETO 55 - Section 17, Commission on Higher Education, Page 17-001, Line 17, Equipment, $15,403
(Bill: Page 17-001, Line 17)
VETO 56 - Section 18, Higher Education Tuition Grants Committee, Page 18-001, Line 8, Temporary Positions, $1,000
(Bill: Page 18-001, Line 8)
VETO 57 - Section 18, Higher Education Tuition Grants Committee, Page 18-001, Line 9, Per Diem, $1,050
(Bill: Page 18-001, Line 9)
VETO 58 - Section 18, Higher Education Tuition Grants Committee, Page 18-001, Line 12, Fixed Charges and Contributions, $16,315
(Bill: Page 18-001, Line 12)
VETO 59 - Section 18, Higher Education Tuition Grants Committee, Page 18-001, Line 13, Travel, $4,000
(Bill: Page 18-001, Line 13)
VETO 60 - Section 18, Higher Education Tuition Grants Committee, Page 18-001, Line 14, Equipment, $9,216
(Bill: Page 18-001, Line 14)
VETO 61 - Section 18, Higher Education Tuition Grants Committee, Page 18-001, Line 17, SC Student Legislature, $8,000
(Bill: Page 18-001, Line 17)
VETO 62 - Section 19, The Citadel, Page 19-005, Line 40, Supplies and Materials, $23,530
(Bill: Page 19-005, Line 19)
VETO 63 - Section 19, The Citadel, Page 19-007, Line 6, Supplies and Materials, $33,810
(Bill: Page 19-006, Line 20)
VETO 64 - Section 19, The Citadel, Page 19-002, Line 20, Supplies and Materials, $400
(Bill: Page 19-002, Line 5)
VETO 65 - Section 20, Clemson, Page 20-008, Line 14, Supplies and Materials, $221,058
VETO 66 - Section 20, Clemson, Page 20-008, Line 15, Fixed Charges and Contributions, $59,649
(Bill: Page 20-007, Line 28)
VETO 67 - Section 20, Clemson, Page 20-002, Line 32, Fixed Charges and Contributions, $10,716
(Bill: Page 20-002, Line 26)
VETO 68 - Section 21, College of Charleston, Page 21-001, Line 17, Supplies and Materials, $45,186
(Bill: Page 21-001, Line 16)
VETO 69 - Section 21, College of Charleston, Page 21-006, Line 21, Supplies and Materials, $26,748
(Bill: Page 21-005, Line 37)
VETO 70 - Section 21, College of Charleston, Page 21-002, Line 34, Contractual Services, $7,552
(Bill: Page 21-002, Line 29)
VETO 71 - Section 21, College of Charleston, Page 21-006, Line 22, Fixed Charges and Contributions, $1,094
(Bill: Page 21-005, Line 38)
VETO 72 - Section 22, Francis Marion College, Page 22-004, Line 29, Contractual Services, $17,409
(Bill: Page 22-004, Line 10)
VETO 73 - Section 22, Francis Marion College, Page 22-004, Line 30, Supplies and Materials, $29,561
(Bill: Page 22-004, Line 11)
VETO 74 - Section 23, Lander College, Page 23-003, Line 4, Fixed Charges and Contributions, $ 330
(Bill: Page 23-002, Line 40)
VETO 75 - Section 23, Lander College, Page 23-003, Line 6, Equipment, $ 2,881
(Bill: Page 23-002, Line 42)
VETO 76 - Section 23, Lander College, Page 23-004, Line 16, Equipment, $30,153
(Bill: Page 23-004, Line 3)
VETO 77 - Section 24, SC State College, Page 24-001, Line 21, Equipment, $64,500
(Bill: Page 24-001, Line 21)
VETO 78 - Section 24, SC State College, Page 24-008, Line 14, Equipment, $17,106
(Bill: Page 24-007, Line 22)
VETO 79 - Section 24, SC State College, Page 24-007, Line 10, Equipment, $ 3,100
(Bill: Page 24-006, Line 22)
VETO 80 - Section 25A, University of South Carolina, Page 25-008, Line 2, Supplies and Materials, $265,576
(Bill: Page 25-007, Line 3)
VETO 81 - Section 25A, University of South Carolina, Page 25-011, Line 5, Fixed Charges and Contributions, $230,605
(Bill: Page 25-009, Line 32)
VETO 82 - Section 25A, University of South Carolina, Page 25-005, Line 37, Fixed Charges and Contributions, $21,842
(Bill: Page 25-005, Line 9)
VETO 83 - Section 25B, University of South Carolina Medical School, Page 25-017, Line 20, Equipment, $50,000
(Bill: Page 25-014, Line 35)
VETO 84 - Section 25B, University of South Carolina Medical School, Page 25-016, Line 32, Supplies and Materials, $20,000
(Bill: Page 25-014, Line 10)
VETO 85 - Section 25C, USC Aiken, Page 25-022, Line 17, Supplies and Materials, $ 5,543
(Bill: Page 25-019, Line 3)
VETO 86 - Section 25C, USC Aiken, Page 25-022, Line 38, Supplies and Materials, $10,211
(Bill: Page 25-019, Line 23)
VETO 87 - Section 25C, USC Aiken, Page 25-026, Line 7, Fixed Charges and Contributions, $ 7,382
(Bill: Page 25-022, Line 2)
VETO 88 - Section 25C, USC Aiken, Page 25-023, Line 16, Temporary Positions, $ 4,000
(Bill: Page 25-019, Line 40)
VETO 89 - Section 25D, USC Coastal Carolina Campus Page 25-032, Line 33, Supplies and Materials, $27,184
(Bill: Page 25-028, Line 8)
VETO 90 - Section 25D, USC Coastal Carolina Campus Page 25-031, Line 7, Supplies and Materials, $ 9,972
(Bill: Page 25-026, Line 34)
VETO 91 - Section 25E, USC Spartanburg Campus, Page 25-038, Line 26, Equipment, $30,246
(Bill: Page 25-032, Line 26)
VETO 92 - Section 25E, USC Spartanburg Campus, Page 25-041, Line 25, Fixed Charges and Contributions, $ 3,339
(Bill: Page 25-034, Line 39)
VETO 93 - Section 25F, USC Beaufort Campus, Page 25-047, Line 18, Fixed Charges and Contributions, $ 2,179
(Bill: Page 25-040, Line 18)
VETO 94 - Section 25F, USC Beaufort Campus, Page 25-047, Line 20, Equipment, $ 3,127
(Bill: Page 25-040, Line 20)
VETO 95 - Section 25F, USC Beaufort Campus, Page 25-047, Line 16, Contractual Services, $ 445
(Bill: Page 25-040, Line 16)
VETO 96 - Section 25G, USC Lancaster Campus, Page 25-058, Line 18, Supplies and Materials, $ 8,169
(Bill: Page 25-048, Line 14)
VETO 97 - Section 25G, USC Lancaster Campus, Page 25-056, Line 12, Supplies and Materials, $ 919
(Bill: Page 25-046, Line 37)
VETO 98 - Section 25H, USC Salkehatchie Campus Page 25-063, Line 8, Contractual Services, $ 4,911
(Bill: Page 25-052, Line 33)
VETO 99 - Section 25H, USC Salkehatchie Campus, Page 25-063, Line 9, Supplies and Materials, $ 499
(Bill: Page 25-052, Line 34)
VETO 100 - Section 25I, USC Sumter Campus, Page 25-071, Line 10, Supplies and Materials, $10,188
(Bill: Page 25-059, Line 21)
VETO 101 - Section 25I, USC Sumter Campus, Page 25-068, Line 19, Equipment, $ 2,836
(Bill: Page 25-057, Line 19)
VETO 102 - Section 25J, USC Union Campus, Page 25-016, Line 30, Temporary Positions, $ 1,767
(Bill: Page 25-064, Line 20)
VETO 103 - Section 25J, USC Union Campus, Page 25-076, Line 34, Contractual Services, $ 715
(Bill: Page 25-064, Line 24)
VETO 104 - Section 25J, USC Union Campus, Page 25-076, Line 36, Fixed Charges and Contributions, $ 743
(Bill: Page 25-064, Line 26)
VETO 105 - Section 26, Winthrop College, Page 26-001, Line 20, Supplies and Materials, $37,761
(Bill: Page 26-001, Line 20)
VETO 106 - Section 26, Winthrop College, Page 26-001, Line 21, Fixed Charges and Contributions, $22,796
(Bill: Page 26-001, Line 21)
VETO 107 - Section 26, Winthrop College, Page 26-005, Line 29, Equipment, $18,864
(Bill: Page 26-005, Line 11)
VETO 108 - Section 26, Winthrop College, Page 26-006, Line 24, Fixed Charges and Contributions, $ 1,708
(Bill: Page 26-006, Line 2)
VETO 109 - Section 27A, Medical University of SC, Page 27-007, Line 1, Contractual Services, $326,947
(Bill: Page 27-006, Line 21)
VETO 110 - Section 27A, Medical University of SC, Page 27-002, Line 29, Equipment, $ 8,005
(Bill: Page 27-002, Line 25)
VETO 111 - Section 27B, Medical University of SC Hospital, Page 27-012, Line 9, Temporary Positions, $65,453
(Bill: Page 27-011, Line 9)
VETO 112 - Section 27C, SC Consortium of Comm. Teaching Hospitals, Page 27-015, Line 15, Supplies and Materials, $62,914
(Bill: Page 27-014, Line 9)
VETO 113 - Section 27C, SC Consortium of Comm. Teaching Hospitals, Page 27-015, Line 16, Fixed Charges and Contributions, $ 2,217
(Bill: Page 27-014, Line 10)
VETO 114 - Section 27D, Charleston Higher Education Consortium, Page 27-017, Line 4, Classified Positions, $66,200
(Bill: Page 27-015, Line 4)
VETO 115 - Section 27D, Charleston Higher Education Consortium, Page 27-017, Line 5, 3FTE
(Bill: Page 27-015, Line 5)
VETO 118 - Section 27D, Charleston Higher Education Consortium, Page 27-017, Line 9, Temporary Positions, $5,000
(Bill: Page 27-015, Line 9)
VETO 119 - Section 27D, Charleston Higher Education Consortium, Page 27-017, Line 10, Overtime and Shift Differ, $ 2,000
(Bill: Page 27-015, Line 19)
VETO 120 - Section 27D, Charleston Higher Education Consortium, Page 27-017, Line 11, Total Personal Service, $140,822
(Bill: Page 27-015, Line 11)
The Commission on Higher Education is charged with the responsibility for coordinating the efforts of our colleges and universities. Maintaining an additional regional coordinating consortium constitutes a partial duplication with the Commission and an unnecessary layer of bureaucracy. I intend this reduction to be the first step in the phase-out of the Consortium.
VETO 122 - Section 29, St. Bd. for Technical and Comprehensive Ed., Page 29-003, Line 26, Supplies and Materials, $62,130
(Bill: Page 29-003, Line 17)
VETO 123 - Section 29, St. Bd. For Technical and Comprehensive Ed., Page 29-001, Line 15, Supplies and Materials, $32,975
(Bill: Page 29-001, Line 15)
VETO 124 - Section 29, St. Bd. for Technical and Comprehensive Ed., Page 29-003, Line 7, Supplies and Materials, $21,526
(Bill: Page 29-002, Line 42)
VETO 125 - Section 29, St. Bd. for Technical and Comprehensive Ed., Page 29-003, Line 27, Fixed Charges and Contributions, $ 4,506
(Bill: Page 29-003, Line 18)
VETO 126 - Section 29, St. Bd. for Technical and Comprehensive Ed., Page 29-001, Line 18, Equipment, $1,314
(Bill: Page 29-001, Line 18)
VETO 127 - Section 29.7, St. Bd. for Technical and Comprehensive Education, Page 29-006, Lines 6-12, Column 2,
(Bill Section 29.6, Page 29-006, Lines 1 through 7)
This proviso allows the State Board for Technical and Comprehensive Education to "increase the teaching faculty salaries up to twenty percent (20%) in addition to any other increases provided in" the Appropriations Bill.
I am vetoing this proviso for two main reasons. First, in an tight fiscal year in which classified state employees are limited to total salary increases of 3%, blanket permission for allowing raises of up to 20% for these faculty members is inappropriate.
Second, we already have established procedures by which salaries may be raised by more than the 3% if such raises can be justified. I see no compelling reason to deviate from normal procedures which have proven effective when the need arises for making extraordinary salary adjustments.
VETO 129 - Section 30, State Education Department, Page 30-003, Line 11, Contractual Services, $301,966
(Bill: Page 30-002, Line 43)
VETO 130 - Section 30, State Education Department, Page 30-003, Line 38, Contractual Services, $159,461
(Bill: page 30-003, Line 26)
VETO 131 - Section 30, State Education Department, Page 30-003, Line 15, Equipment, $45,820
(Bill: Page 30-003, Line 3)
VETO 132 - Section 30, State Education Department, Page 30-005, Line 28, Equipment, $ 1,250
(Bill: Page 30-005, Line 6)
VETO 134 - Section 31, Educational Television Commission, Page 31-001, Line 18, Travel, $20,000
(Bill: Page 31-001, Line 18)
VETO 135 - Section 31, Educational Television Commission, Page 31-001, Line 22, Transportation, $58,975
(Bill: Page 31-001, Line 22)
VETO 136 - Section 32, Wil Lou Gray Opportunity School, Page 32-003, Line 9, Equipment, $13,835
(Bill: Page 32-003, Line 1)
VETO 137 - Section 34, School for the Deaf and Blind, Page 34-001, Line 22, Travel, $33,741
(Bill: Page 34-001, Line 22)
VETO 138 - Section 35, Department of Archives and History, Page 35-002, Line 20, Contractual Services, $24,650
(Bill: Page 35-002, Line 16)
VETO 139 - Section 35, Department of Archives and History, Page 35-002, Line 6, Supplies and Materials, $6,261
(Bill: Page 35-002, Line 2)
VETO 140 - Section 35, Department of Archives and History, Page 35-002, Line 23, Travel, $4,150
(Bill: Page 35-002, Line 19)
VETO 141 - Section 35, Department of Archives and History, Page 35-002, Line 10, Library Books, Maps and Films, $745
(Bill: Page 35-002, Line 6)
VETO 142 - Section 35, Department of Archives and History, Page 35-003, Line 26, Supplies and Materials, $700
(Bill: Page 35-003, Line 18)
VETO 143 - Section 36, Confederate Relic Room, Page 16-001, Line 14, Library Books, Maps and Films, $500
(Bill: Page 36-001, Line 14)
VETO 144 - Section 37, S. C. State Library, Page 37-001, Line 28, Contractual Services, $21,686
(Bill: Page 37-001, Line 28)
VETO 145 - Section 37, S. C. State Library, Page 37-002, Line 32, Equipment, $20,790
(Bill: Page 37-002, Line 26)
VETO 146 - Section 37, S. C. State Library, Page 37-003, Line 11, Library Books, Maps and Films, $5,000
(Bill: Page 37-003, Line 1)
VETO 147 - Section 37, S. C. State Library, Page 37-002, Line 6, Travel, $1,500
(Bill: Page 37-002, Line 1)
VETO 148 - Section 37, S. C. State Library, Page 37-001, Line 17, Travel, $1, 500
(Bill: Page 37-001, Line 17)
VETO 149 - Section 38, S. C. Arts Commission, Page 38-001, Line 17, Temporary Positions, $6,589
(Bill: Page 38-001, Line 17)
VETO 150 - Section 39, State Museum Commission, Page 39-001, Line 26, Personnel Specialist, $21,730
(Bill: Page 39-001, Line 15)
VETO 151 - Section 39, State Museum Commission, Page 39-001, Line 27, (1.00)
(Bill: Page 39-001, Line 16)
VETO 152 - Section 39, State Museum Commission, Page 39-001, Line 28, Purchasing Coordinator, $15,478
(Bill: Page 39-001, Line 17)
VETO 153 - Section 39, State Museum Commission, Page 39-001, Line 29, (1.00)
(Bill: Page 39-001, Line 18)
VETO 154 - Section 39, State Museum Commission, Page 39-001,k Line 30, Staff Assistant, $15,478
(Bill: Page 39-001, Line 19)
VETO 155 - Section 39, State Museum Commission, Page 39-001, Line 31, (1.00)
(Bill: Page 39-001, Line 20)
VETO 156 - Section 39, State Museum Commission, Page 39-001, Line 34, Administrative Specialist B, $10,193
(Bill: Page 39-001, Line 23)
VETO 157 - Section 39, State Museum Commission, Page 39-001, Line 35, (1.00)
(Bill: Page 39-001, Line 24)
VETO 158 - Section 39, State Museum Commission, Page 39-001, Line 38, Publications Editor, $9,286
(Bill: Page 39-001, Line 27)
VETO 159 - Section 39, State Museum Commission, Page 39-001, Line 39, (1.00)
(Bill: Page 39-001, Line 28)
VETO 160 - Section 39, State Museum Commission, Page 39-002, Line 18 and 19, Store Manager II, $9,660
(Bill: Page 39-002, Lines 1 and 2)
VETO 161 - Section 39, State Museum Commission, Page 39-002, Lines 22 and 23, Postal Supply Clerk, (1.00) $11,010
(Bill: Page 39-002, Lines 5 and 6)
VETO 162 - Section 39, State Museum Commission, Page 39-002, Lines 30 and 31, Building Services Supervisor, (1.00) $15,671
(Bill: Page 39-002, Lines 13 and 14)
VETO 163 - Section 39, State Museum Commission, Page 39-003, Line 30, Assistant Art Curator II, $13,930
(Bill: Page 39-002, Line 39)
VETO 164 - Section 39, State Museum Commission, Page 39-003, Line 31, (1.00)
(Bill: Page 39-002, Line 40)
VETO 165 - Section 39, State Museum Commission, Page 39-004, Line 10, Audio/Visual Specialist, $24,216
(Bill: Page 39-003, Line 15)
VETO 166 - Section 39, State Museum Commission, Page 39-004, Line 11, (1.00)
(Bill: Page 39-003, Line 16)
VETO 167 - Section 39, State Museum Commission, Page 39-004, Line 33, Education-Program Specialist, $ 8,706
(Bill: Page 39-003, Line 37)
VETO 168 - Section 39, State Museum Commission, Page 39-004, Line 34, (1.00)
(Bill: Page 39-003, Line 38)
VETO 169 - Section 39, State Museum Commission, Page 39-004, Line 35, Education-Study Visit Specialist, $10, 447
(Bill: Page 39-003, Line 39)
VETO 170 - Section 39, State Museum Commission, Page 39-004, Line 36, (1.00)
(Bill: Page 39-003, Line 40)
VETO 171 - Section 39, State Museum Commission, Page 39-004, Line 37, Education Program Training Specialist, $10,447
(Bill: Page 39-003, Line 41)
VETO 172 - Section 39, State Museum Commission, Page 39-004, Line 38, (1.00)
(Bill: Page 39-003, Line 42)
The Free Conference Bill includes 29 new positions to open the Museum in July of 1987. I believe that this is an excessive number of new employees in a tight budget year. I also believe that the Museum will have difficulty recruiting and hiring 29 people by July. Consequently these vetoes reduce the number of new positions by 13 people.
VETO 173 - Section 40, State Health and Human Services Finance Commission, Page 40-004, Line 16, Swing Beds, $213,680
(Bill: Page 40-003, Line 35)
VETO 174 - Section 40, State Health and Human Services Finance Commission, Page 40-002, Line 36, Contractual Services, $110,381
(Bill: Page 40-002, Line 32)
VETO 175 - Section 40, State Health and Human Services Finance Commission, Page 40-002, Line 37, Supplies and Materials, $61,243
(Bill: Page 40-002, Line 33)
VETO 176 - Section 40, State Health and Human Services Finance Commission, Page 40-006, Line 17, Travel, $ 8,532
(Bill: Page 40-005, Line 21)
VETO 179 - Section 40, State Health and Human Services Finance Commission, Page 40-001, Line 28, Supplies and Materials, $978
(Bill: Page 40-001, Line 28)
VETO 181 - Section 41, Department of Health and Environmental Control, Page 41 -009, Line 33, Contractual Services, $ 63,814
(Bill: Page 41-008, Line 34)
VETO 182 - Section 41, Department of Health and Environmental Control, Page 41-028, Line 14, Supplies and Materials, $174,542
(Bill: Page 41-024, Line 40)
VETO 183 - Section 41, Department of Health and Environmental Control, Page 41-027, Line 15, Equipment, $85,024
(Bill: 41-024, Line 4)
VETO 184 - Section 41, Department of Health and Environmental Control, Page 41 -009, Line 36, Travel, $78,082
(Bill: Page 41-008, Line 37)
VETO 185 - Section 41, Department of Health and Environmental Control, Page 41-008, Line 19, Travel, $ 59,413
(Bill: Page 41-007, Line 28)
VETO 186 - Section 41, Department of Health and Environmental Control, Page 41 -029, Line 13, Equipment, $35,000
(Bill: Page 41-025, Line 35)
VETO 188 - Section 42, Department of Mental Health, Page 42-001, Line 18, Supplies and Materials, $250,000
(Bill: Page 42-001, Line 18)
VETO 189 - Section 42, Department of Mental Health, Page 42-001, Line 20, Travel, $ 50,000
(Bill: Page 42-001, Line 20)
VETO 190 - Section 42, Department of Mental Health, Page 42-001, Line 21, Equipment, $100,000
(Bill: Page 42-001, Line 21)
VETO 191 - Section 42, Department of Mental Health, Page 42-002, Line 29, Supplies and Materials, $ 25,000
(Bill: Page 42-002, Line 8)
VETO 192 - Section 42, Department of Mental Health, Page 42-002, Line 32, Equipment, $ 25,000
(Bill: Page 42-002, Line 11)
VETO 193 - Section 43, Department of Mental Retardation, Page 43-001, Line 19, Equipment, $ 93,557
(Bill: Page 43-001, Line 19)
VETO 194 - Section 43, Department of Mental Retardation, Page 43-004, Line 15, O.T. & Shift Differential, $293,190
(Bill: Page 43-004, Line 2)
VETO 196 - Section 44, S. C. Commission on Alcohol and Drug Abuse, Page 44-003, Line 18, Travel, $ 20,542
(Bill: Page 44-003, Line 9)
VETO 197 - Section 44, S. C. Commission on Alcohol and Drug Abuse, Page 44-003, Line 16, Supplies and Materials, $12,970
(Bill: Page 44-003, Line 7)
VETO 198 - Section 44, S. C. Commission on Alcohol and Drug Abuse, Page 44-003, Line 19, Equipment, $ 12,180
(Bill: Page 44-003, Line 10)
VETO 199 - Section 44, S. C. Commission on Alcohol and Drug Abuse, Page 44-003, Line 15, Contractual Services, $ 38,904
(Bill: Page 44-003, Line 6)
VETO 201 - Section 45, Department of Social Services, Page 45-012, Line 18, Contractual Services, $120,743
(Bill: Page 45-011, Line 1)
VETO 202 - Section 46, John De La Howe School, Page 46-003, Line 29, Contractual Services, $ 13,474
(Bill: Page 46-003, Line 20)
VETO 203 - Section 53, Department of Veterans Affairs, Page 53-001, Line 14, Contractual Services, $ 12,000
VETO 204 - Section 55, Department of Corrections, Page 55-001, Line 21, Transportation, $ 34,535
(Bill: Page 55-001, Line 21)
VETO 205 - Section 55, Department of Corrections, Page 55-005, Line 5, Fixed Charges and Contributions, $888,433
(Bill: Page 55-004, Line 31)
VETO 206 - Section 55, Department of Corrections, Page 55-005, Line 31, Inmate Earnings, $ 19,163
(Bill: Page 55-005, Line 9)
VETO 207 - Section 55, Department of Corrections, Page 55-005, Line 36, Fixed Charges and Contributions, $56,692
(Bill: Page 55-005, Line 14)
VETO 208 - Section 55, Department of Corrections, Page 55-006, Line 1, Transportation, $445,000
(Bill: Page 55-005, Line 19)
VETO 209 - Section 55, Department of Corrections, Page 55-006, Line 23, Equipment, $ 7,833
(Bill: Page 55-005, Line 41)
I do not intend to reduce the basic operating expenses of the Department of Corrections. The House anticipated opening the new Broad River Road institution on April 1, 1988. The Senate added 2.9 million dollars to open the new prison three months earlier. The action I am taking with this set of vetoes splits the difference on the opening date between the House and Senate Bills and would allow the Department of Corrections a reasonable construction timetable to ensure opening of the new Broad River Road prison facility by February 15, 1988. This date would be 45 days before the contract date and, along with recent Budget and Control Board actions relocating the Central Correctional Institution, clearly indicates the State's commitment to address the prison overcrowding problem while living within the financial resources at our disposal.
VETO 210 - Section 60, Water Resources Commission, Page 60-003, Line 15, Administrative Specialist A, $ 11,800
(Bill: Page 60-003, Line 6)
VETO 211 - Section 60, Water Resources Commission, Page 60-003, Line 16, (1.00)
(Bill: Page 60-003, Line 7)
VETO 212 - Section 60, Water Resources Commission, Page 60-003, Line 23, Engineering Associate II, $ 23,911
(Bill: Page 60-003, Line 14)
VETO 213 - Section 60, Water Resources Commission, Page 60-003, Line 24, (1.00)
(Bill: Page 60-003, Line 15)
VETO 215 - Section 60, Water Resources Commission, Page 60-002, Line 15, Travel, $ 22,603
(Bill: Page 60-002, Line 10)
VETO 216 - Section 60, Water Resources Commission, Page 60-002, Line 16, Travel, $ 31,300
(Bill: Page 60-002, Line 11)
VETO 217 - Section 60, Water Resources Commission, Page 60-002, Line 17, Equipment, $13,450
(Bill: Page 60-002, Line 12)
The Free Conference Bill includes a total of $315,000 and four new positions for the creation of two regional offices for the Commission. A tight budget year is not the time to be opening two new offices. The reduction I have recommended would reduce this appropriation in half and eliminate one of the regional offices.
(Bill: Page 67-002, Line 15)
VETO 218 - Section 61, Land Resources Conservation Commission, Page 61-001, Line 30, Supplies and Materials, $19,000
(Bill: Page 61-001, Line 30)
VETO 219 - Section 61, Land Resources Conservation Commission, Page 61-002, Line 33, Equipment, $4,874
(Bill: Page 61-002, Line 27)
VETO 220 - Section 61, Land Resources Conservation Commission, Page 61-003, Line 38, Supplies and Materials, $2,525
(Bill: Page 61-003, Line 28)
VETO 221 - Section 62, State Forestry Commission, Page 62-001, Line 13, Contractual Services, $73,460
(Bill: Page 62-001, Line 13)
VETO 222 - Section 62, State Forestry Commission, Page 62-001, Line 14, Supplies and Materials, $49,049
(Bill: Page 62-001, Line 14)
VETO 223 - Section 62, State Forestry Commission, Page 62-001, Line 18, Light/Power/Heat, $25,200
(Bill: Page 62-001, Line 18)
VETO 224 - Section 62, State Forestry Commission, Page 62-002, Line 40, Contractual Services, $1,644
(Bill: Page 62-002, Line 36)
VETO 225 - Section 63, Department of Agriculture, Page 63-002, Line 2, Travel, $16,750
(Bill: Page 63-001, Line 41)
VETO 226 - Section 63, Department of Agriculture, Page 63-003, Line 1, Transportation, $7,200
(Bill: Page 63-002, Line 36)
VETO 228 - Section 65, Clemson University - Public Service Activities, Page 65-002, Line 1, Supplies and Materials, $107,553
(Bill: Page 65-001, Line 41)
VETO 229 - Section 65, Clemson University - Public Service Activities, Page 65-002, Line 39, Supplies and Materials, $73,685
(Bill: Page 65-002, Line 35)
VETO 230 - Section 65, Clemson University - Public Service Activities, Page 65-001, Line 18, Travel, $51,100
(Bill: Page 65-001, Line 18)
This cut represents only two-thirds of one percent of the agency's budget.
VETO 231- Section 67, Wildlife and Marine Resources, Page 67-002, Line 18, Supplies and Materials, $53,400
(Bill: Page 67-002, Line 13)
VETO 233 - Section 67, Wildlife and Marine Resources, Page 67-004, Line 23, Contractual Services, $1, 560
(Bill: Page 67-004, Line 10)
VETO 234 - Section 67, Wildlife and Marine Resources, Page 67-002,, Line 20, Travel, $5,000
VETO 235 - Section 68, Coastal Council, Page 68-001, Line 22, Temporary Positions, $2,000
(Bill: Page 68-001, Line 22)
VETO 236 - Section 68, Coastal Council, Page 68-001, Line 31, Library Books, Maps and Films, $ 800
(Bill: Page 68-001, Line 31)
VETO 237 - Section 68, Coastal Council, Page 68-001, Line 32, Light/Power/Heat, $1,000
(Bill: Page 68-001, Line 32)
VETO 238 - Section 68, Coastal Council, Page 68-001, Line 33, Transportation, $3,000
(Bill: Page 68-001, Line 33)
VETO 239 - Section 70, Department of Parks, Recreation and Tourism, Page 70-004, Line 15, Fixed Charges and Contributions, $133,007
(Bill: Page 70-003, Line 40)
VETO 240 - Section 70, Department of Parks, Recreation and Tourism, Page 70-004, Line 16, Travel, $50,000
(Bill: Page 70-003, Line 41)
VETO 241 - Section 70, Department of Parks, Recreation and Tourism, Page 70-004, Line 17, Equipment, $19,000
(Bill: page 70-003, Line 42)
I believe that reasonable increases for tourism advertising are sound investments, and I have advocated them consistently. However, I believe that the increase for that purpose in this department's budget is too much at one time in a tight budget year.
VETO 242 - Section 71, State Development Board, Page 71-002, Line 5, Contractual Services, $50,000
(Bill: Page 71-002, Line 1)
VETO 243 - Section 71, State Development Board, Page 71-002, Line 7, Travel, $72,000
(Bill: Page 71-002, Line 3)
I intend for the amount on the last two vetoed lines to be taken from the film office within the State Development Board. I would be willing to support future requests for funding such an office if it is reorganized to serve the State effectively.
VETO 244 - Section 72, Jobs Economic Development Authority, Page 72-001, Line 8, Manager Program Developer, $15,000
(Bill: Page 72-001, Line 8)
VETO 245 - Section 72, Jobs Economic Development Authority, Page 72-001, Line 9, (1.00)
(Bill: Page 72-001, Line 9)
VETO 246 - Section 75, Clarks Hill - Russell Authority of S.C., Page 75-001, Line 15, Travel, $ 10,000
(Bill: Page 75-001, Line 14)
VETO 247 - Section 75, Clarks Hill - Russell Authority of S.C., Page 75-002, Line 5, Equipment, $6,000
(Bill: Page 75-001, Line 44)
VETO 248 - Section 75, Clarks Hill - Russell Authority of S.C., Page 75-002, Line 4, Fixed Charges and Contributions, $400
(Bill: Page 75-001, Line 43)
VETO 249 - Section 76, Old Exchange Building Commission, Page 76-001, Line 12, Supplies and Materials, $1,000
(Bill: Page 76-001, Line 12)
VETO 253 - Section 81, Department of Insurance, Page 81-001, Line 16, Equipment, $23,680
(Bill: Page 81-001, Line 16)
VETO 254 - Section 81, Department of Insurance, Page 81-002, Line 12, Travel, $5,000
(Bill: Page 81-002, Line 7)
VETO 255 - Section 83, Department of Consumer Affairs, Page 83-001, Line 33, Contractual Services, $17,000
(Bill: Page 83-001, Line 33)
VETO 256 - Section 85, Department of Labor, Page 85-005, Line 27, Travel, $34,000
(Bill: Page 85-005, Line 2)
VETO 257 - Section 85, Department of Labor, Page 85-005, Line 13, Fixed Charges and Contributions, $3,218
(Bill: Page 85-004, Line 32)
VETO 258 - Section 85, Department of Labor, Page 85-006, Line 28, Supplies and Materials, $31
(Bill: Page 85-005, Line 43)
As a general principle I agree that enhancing our ability to collect revenue efficiently is a wise investment of the State's resources. The House approved 20 new positions for this effort, but the Senate included an additional 46 new employees. I believe that this large an increase is not justified in a tight budget year. After deducting the amount that I have vetoed, the Commission still retains an increase of $2,269,006 over the current years spending, an increase of 8.1 percent.
VETO 261 - Section 87, Alcoholic Beverage Control Commission, Page 87-001, Line 17, Transportation, $6,500
(Bill: Page 87-001, Line 17)
VETO 262 - Section 87, Alcoholic Beverage Control Commission, Page 87-001, Line 29, Fixed Charges and Contributions, $11,740
(Bill: Page 87-001, Line 29)
VETO 263 - Section 87, Alcoholic Beverage Control Commission, Page 87-002, Line 6, Equipment, $15,000
(Bill: Page 87-002, Line 2)
VETO 264 - Section 120, Aeronautics Commission, Page 120-001, Line 13, Fixed Charges and Contributions, $15,000
(Bill: Page 120-001, Line 13)
VETO 265 - Section 120, Aeronautics Commission, Page 120-001, Line 36, Transportation, $10,000
(Bill: Page 120-001, Line 35)
Because of the difficulties facing our local governments as the result of declines in federal aid, the reduction in aid to subdivisions is limited to approximately one-half of one percent.
VETO 267 - Section 126.21, Department of Highways and Public Transportation, Page 126.001, Lines 8 through 10, Column 2:
(Bill: Page 126-012, Section 126.19, Lines 6 through 8)
This provision is identical to a provision of R-166, S. 397. Since the purpose of this provision was accomplished when the Act became effective on June 2, 1987, this provision is unnecessary and is therefore vetoed.
VETO 268 - Section 126.28, Department of Highways and Public Transportation, Page 126-012, Lines 16 through 26, Column 1:
(Bill: Page 126-013, Section 126.26, Lines 14 through 24)
This provision is identical to a provision of R-166, S. 397. Since the purpose of this provisions was already accomplished when the Act became effective on June 2, 1987, this provision is unnecessary and is therefore vetoed.
VETO 269, Part II, Section 11, Page II-004:
(Bill: Section 5, page II-8)
The provisions of this section are identical to the provisions of R-117, S.425. Since the purpose of this provision was accomplished when that Act became effective on May 14, 1987, this provision is unnecessary and is therefore vetoed.
VETO 270, Part II, Section 14, Page II0005:
(Bill: Section 7, Page II-10)
Because of the delay in rate reduction for corporations in South Carolina in the Tax Conformity Provision (Section 39 of Part II) there is anticipated to be a substantial revenue increase to the general fund. Although I reluctantly agreed to the phase out of the six percent (6%) rate rather than an immediate reduction, I did so in the hope that this temporary delay would result in no additional tax burden on our corporate citizens. To agree to this provision which operates as a minimum corporate tax of $60 per corporation would send a wrong signal to any potential corporate investors in South Carolina. I also am opposed to this because it is a tax increase, something I will always view with great concern, especially when it is levied in this manner. This tax is on corporations that do not make a profit, and they can ill-afford such a tax.
Based on the foregoing, I am vetoing this provision.
VETO 271, Part II, Section 16, Page Il-006:
(Bill: Section 8, Page II-10)
This provision is another example of a continuation of the increasing burden of State Government on the people of this State. This burden, through an increase in instruments of conveyance of realty, is another small addition that will add to the cost of buying a home or any other property in this State. I view this provision as a tax increase and thus worthy of my veto.
VETO 273, Part II, Section 27, Page II-009:
(Bill: Section 15, Pages II-16 through 17)
This section relates to cost of living adjustments in benefits paid to retired members of the S. C. Retirement System. It replaces the current definition of consumer price index, which means the "CPI for Wage Earners and Clerical Workers," with CPI for "all items -- United States city average."
In conversations with both the Atlanta, Georgia and Washington offices of the U. S. Department of Labor, Bureau of Statistics, my staff has been informed that there is no single index for "all items -- United States city average." The Bureau of Statistics states that this category is composed of two separate indices -- (1) "Wage Earners and Clerical Workers" (current definition); and (2) "all urban consumers."
The proviso is accordingly ambiguous and unclear. If "all items -- United States city average" is interpreted to mean the published index for "Wage Earners and Clerical Workers" then there is no need for the change.
If "all items -- United States city average" is interpreted to mean "all urban consumers" then I am concerned about the fiscal impact of the change although I applaud the idea of bringing the various retirement systems into conformity. While these two indices vary from month to month, and it is accordingly impossible to tell what the exact future fiscal impact will be, I note that the "all urban consumers" index has had a higher rate of growth than "wage earners and clerical workers" index in every year since 1981. The State Retirement System has informed this office that it would cost an additional $600,000 if the all urban consumers index had been used in 1986.
Based on the foregoing two reasons, I am vetoing Section 27.
VETO 274, Part II, Section 34, Page II-011:
(Bill: Section 20, Page II-20)
Article III, Section 17 of the South Carolina Constitution requires that every Act or Resolution which has the force of law must relate to but one subject.
In the 1985 case of Ex Parte Georgetown County Water and Sewer District, 284 S. C. 466, the South Carolina Supreme Court applied the foregoing requirement of Article III, Section 17, to an appropriations bill passed by the General Assembly. The Court said, "The subject of an appropriations bill is solely to make appropriations to meet the ordinary expenses of state government and to direct the manner in which the funds are to be expended." The Supreme Court indicated that, "The test to be applied to provisions of an appropriations act is whether the challenged legislation reasonably and inherently relates to the raising and spending of tax monies."
Part II, Section 34 amends current law concerning the qualifications for teaching. On its face, this section is not germane to the appropriations bill since it clearly fails to meet the test of whether it "reasonably and inherently relates to the raising and spending of tax monies."
I am, therefore, vetoing Part II, Section 34.
VETO 276, Part II, Section 57, Page II-37: (Bill: Section 41, Pages II-73 through 76)
Article III, Section 17 of the South Carolina Constitution requires that every Act or Resolution which has the force of law must relate to but one subject.
In the 1985 case of Ex Parte Georgetown County Water and Sewer District, 284 S. C. 466, the South Carolina Supreme Court applied the foregoing requirement of Article III, Section 17, to an appropriations bill passed by the General Assembly. The Court said, "The subject of an appropriations bill is solely to make appropriations to meet the ordinary expenses of state government and to direct the manner in which the funds are to be expended." The Supreme Court indicated that, "The test to be applied to provisions of an appropriations act is whether the challenged legislation reasonably and inherently relates to the raising and spending of tax monies."
Part II, Section 57 relates to conditions for the purchase of a pistol during a 30 day period by individuals, law enforcement agencies or private security companies. On its face, this section is not germane to the appropriations bill since it clearly fails to meet the basic test of whether it "reasonably and inherently relates to the raising and spending of tax monies."
I am, therefore, vetoing Part II, Section 57.
From Part One
Veto 277 - Section 67.13, Wildlife and Marine Resources, Page 67-010, Lines 20 through 31, Column 2
(Bill: Section 67.10, Page 67-009, Lines 40 through 44; Page 67-010, Lines 1 through 7)
This proviso requires the S. C. Wildlife and Marine Resources Department to provide written notification of intention to hire wildlife conservation officers, including the individual's name, 10 days prior to hiring, to the Legislative Delegation of the county to which the officer is to be assigned. Further, appropriations made for hiring are specifically conditioned upon compliance with this section. No rationale is given for this requirement which is apparently unique in state government.
Conservation officers are bestowed with the responsibility and authority for policing our fish and game and other environmental laws and regulations. I have a real concern that the proviso gives the appearance that the hiring of these individuals is subject to veto or control by the local delegation. I also object to a precedent being set which gives a local legislative delegation power over executive functions undertaken by a state agency.
For the foregoing reasons, I am vetoing Section 67-13.
Rep. TOAL explained the Resolution.
Rep. EVATT raised the Point of Order that the report of the Rules Committee was out of order as the Sine Die Resolution (S. 860) did not make provision for the receipt of House Resolutions.
The SPEAKER stated that the Rules Committee report was in the form of a House Resolution, and as such dealt with procedural matters relating to the manner in which the House conducts its business, and he overruled the Point of Order.
Rep. LIMEHOUSE raised the Point of Order that the report of the Rules Committee was out of order as it had not been printed and placed upon the desks of the members.
The SPEAKER overruled the Point of Order.
Rep. HASKINS raised the Point of Order that the Resolution must be printed and placed on the desks of the members prior to being considered by the House.
Rep. LIMEHOUSE cited Rule 5.9, that all Bills and Resolutions reported by a committee must be printed.
The SPEAKER stated that Rule 5.9 referred only to Bills and Joint Resolutions, cited precedent that House or Concurrent Resolutions do not have to be printed, and he overruled the Point of Order.
Rep. HASKINS raised the Point of Order that, under Rule 4.15, none of the House Rules shall be rescinded, suspended or altered, except by written resolution which has been referred to the Rules Committee, and agreed to by two-thirds of the members present, after the committee has made its report.
The SPEAKER stated that the Resolution was allowed under the provisions of Rule 6.3, and he overruled the Point of Order.
Rep. EVATT raised the Point of Order that, under Rule 5.9, the Resolution must be printed and distributed to the members of the House.
The SPEAKER stated that such Point had previously been raised and overruled.
Rep. LIMEHOUSE inquired whether the report of the Rules Committee was debatable.
The SPEAKER replied in the negative.
Rep. LIMEHOUSE inquired whether he could request that the Resolution be read.
The SPEAKER stated that he would not give an advisory opinion.
Rep. LIMEHOUSE raised the Point of Order that any member has the right to have the Resolution read.
The SPEAKER stated that the Constitution made provision for Bills to be read, that this was not a Bill but a House Resolution, and he overruled the Point of Order.
Rep. BAKER moved to table the Resolution and the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Bradley, P. Brown, H. Burriss, M.D. Burriss, T.M. Clyborne Cork Corning Derrick Evatt Fair Foxworth Haskins Hawkins Hearn Kirsh Klapman Koon Limehouse Mappus McCain Pettigrew Sharpe Simpson Sturkie Thrailkill Wells Wilkins Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, J. Brown, R. Carnell Chamblee Cooper Dangerfield Day Edwards Elliott Faber Felder Foster Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Hayes Helmly Hendricks Hodges Holt Huff Johnson, J.C. Jones Kay Lewis Lockemy Martin, D. Martin, L. Mattos McAbee McBride McElveen McGinnis McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Snow Toal Townsend Tucker Waldrop Washington Whipper White Wilder Williams
So, the House refused to table the Resolution.
Rep. BAKER moved that the House recede until 2:00 and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Baker Bradley, P. Brown, H. Burriss, M.D. Burriss, T.M. Clyborne Cork Corning Derrick Evatt Fair Haskins Hawkins Hearn Jones Klapman Koon Limehouse Mappus McCain Pettigrew Sharpe Simpson Sturkie Thrailkill Wells Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, K. Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, J. Brown, R. Carnell Chamblee Cooper Dangerfield Day Edwards Elliott Faber Felder Foster Gilbert Gregory Harris, J. Harris, P. Harvin Hayes Helmly Hendricks Hodges Holt Huff Johnson, J.C. Kay Kirsh Lewis Martin, D. Martin, L. Mattos McAbee McBride McElveen McGinnis McLellan McLeod, E.B. Moss Neilson Nesbitt Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Snow Toal Townsend Tucker Waldrop Washington Whipper White Wilder Williams
So, the House refused to recede until 2:00 P.M.
Rep. LIMEHOUSE moved to adjourn debate upon the Resolution for 15 minutes.
Rep. BEASLEY raised the Point of Order that the motion to adjourn debate on the Resolution was out of order as it had been set for Special Order.
The SPEAKER stated that the Resolution interrupted debate, but was not set for Special Order, and he overruled the Point of Order.
The question then recurred to the motion to adjourn debate for 15 minutes, which was not agreed to.
The question then recurred to the adoption of the Resolution, which was agreed to.
The following was received on Monday, June 22, 1987.
June 22, 1987
The Honorable Robert J. Sheheen
Speaker House of Representatives
State House
Columbia, S.C. 29211
Dear Mr. Speaker and Members of the House:
I am returning H. 2590, the 1987-88 Appropriations Bill, with my vetoes. I have vetoed $4,853,571 in tax increases and a corresponding amount of expenditures. I have vetoed an additional $12,323,497 in expenditures because I believe the revenue projected in the Bill is overly optimistic, and could lead once again to mid-year budget cuts. The total amount of expenditures vetoed is $17,177,068.
I have vetoed three tax increases:
1. The documentary tax increase of 20 cents per $500 on instruments of conveyance of realty, for a total amount of $2,628,571.
2. The corporate income tax processing fee of $60, with a projected revenue of 1,800,000.
3. The corporation license fee increase from $5 to $15 on annual licenses and $15 to $25 on the minimum annual fee, for a total of $425,000.
I have not vetoed the increase in the fire insurance tax because Section 38-5-1250 of South Carolina Code of Laws, 1976, as amended, requires that the revenue generated from that tax be sufficient to defray the expenses of certain investigations and inspections conducted by the State Fire Marshal's office. The $3.2 million raised by the tax, however, is greater than the cost of those investigations and inspections. Consequently I will encourage the General Assembly next year to reduce the tax to the amount necessary to offset those costs.
Conference Report
1984-85 1985-86 1986-87 1987-88
New Taxes and
Revenue Projected 41 75 44 98
Total Actual
Revenue Collected/
Projected 2393 2509 2656* 2892**
Percentage Increase
Over Previous Year 7.4% 4.8% 5.9% 8.9%
Surplus/Deficit From
Revenue Projected in
Appropriations Act + 12 - 91 -122
__________________________________________________________
Sources: Board of Economic Advisors for new taxes and revenue
projected, 1983-84 to 1986-87 and revenue estimates for 1986-87 and 1987-88
Budget Division, Budget and Control Board for total revenue
projected for 1987-88
Comptroller General's Office for total actual revenue collected,
1983-84 to 1985-86
Ways and Means Committee for surplus/deficit from revenue
projected in Appropriations Act
* Board of Economic Advisors 2/10/87 estimate
** Board of Economic Advisors 2/10/87 estimate of $2794 Million (a 5.2% growth rate over the current year's projection) plus revenue enhancements. This figure does not include $3.5 Million in anticipated lapsed funds from FY 1986-87 that were conditionally appropriated in the FY 1987-88 Conference Report.
The tax conformity package included in the Bill anticipates a substantial increase in revenue from the corporate income tax. By adopting the three business taxes that I have vetoed on top of the tax conformity package we would be sending a negative signal to those companies we are encouraging to locate and expand in South Carolina. We need to insure that we foster a healthy business climate that enhances our economic development efforts.
I am also concerned that the revenue estimates projected in the Bill are overly optimistic. The attached table on our recent general fund revenue history shows that revenues in the 1985-86 fiscal year increased by only 4.8 percent, despite $75 million in projected new revenues. Actual revenues collected that year fell $91 million short of those projected in the Appropriations Act, leading to a painful round of mid-year budget cuts.
In the current fiscal year, revenues will increase by 5.9 percent if we make the revised revenue estimate, a prospect that is not assured given the disappointing May revenue collections. Already this year revenues have fallen $122 million below those projected in the Appropriations Act, and could fall further if we do not make the estimate.
The 1987-88 Appropriations Bill projects an increase in revenues of 8.9 percent over the current year. Given the 4.8 percent increase in revenues last year, and the 5.9 percent increase if we make the estimate this year, I believe it is unrealistic to expect revenues to increase by almost 9 percent next year.
Analysis of individual "revenue enhancers" gives additional cause for concern. The Bill anticipates an increase of $28 million in the corporate income tax a result of conformity to the federal tax code. That particular tax has been one of the most volatile and least predictable sources of revenue in recent years, and relying on such a substantial increase is risky.
The Bill projects $7.675 million in new revenue as a result of improvements at the Tax Commission. While investing reasonable amounts of money in more efficient procedures is an excellent use of our resources, appropriating all the anticipated increase before it is realized constitutes speculative budgeting.
The same logic applies to the $1.5 million in revenue anticipated from increased advertising in the Department of Parks, Recreation, and Tourism. Advertising our State's attractiveness for tourism promotes economic development, but normally a lag occurs between advertising and the response. To meet the revenue projected in the Appropriations Bill, the $1.5 million in new advertising would have to generate $30 million in new retail sales in the same fiscal year in which the advertising occurs, an unlikely prospect.
Finally, the Conference Committee increased the Treasurer's estimate of earnings on investment from $49 million to $79 million. The $30 million in addition is designated for the Capital Expenditure Fund, the only cushion available to avoid disruptive mid-year cuts in agency budgets. I commend the General Assembly for making every effort to fully fund the sole line of protection against mid-year cuts.
The Board of Economic Advisors, however, has not agreed with the revised estimate. While it appears reasonable to expect somewhat higher investment earnings, it is not at all certain that this additional revenue will fully fund the Capital Expenditure Fund.
These four "revenue enhancers" are projected to generate a total of $67,175,000 in new revenue. I believe it is unrealistic to expect to receive more than about four-fifths of that projection. Consequently I have vetoed an additional $12,323,497 in expenditures that equal approximately one-fifth of this problematic revenue.
I am not enthusiastic about reducing agency budgets. But government officials throughout South Carolina have repeatedly told me that they would prefer lower appropriations at the start of the year rather than overly optimistic appropriations that produce mid-year cuts. Given five mid-year cuts in the past seven years, I feel an obligation to reduce expenditures to be more in line with the revenues that can reasonably be expected.
In general I have used the following guidelines in recommending reduced expenditures:
1. One percent was taken from most agencies' budgets. However, if an agency received a cut in general fund appropriations between this fiscal year's actual spending (the current year's appropriation minus the mid-year budget cuts) and next year's appropriation, I am not asking the agency to take any additional cuts. Moreover, if an agency received only a small increase in appropriations over the current year's spending, I am recommending a reduction of only one-half of the increase. Phrased another way, I am asking most agencies that received general fund increases to take a cut of one percent or one-half of the increase, whichever is less.
2. Two-thirds of one percent reduction was applied to agencies with particular problems such as the Department of Mental Health.
3. One-half of one percent was vetoed from educational agencies, in keeping with our State's commitment to make education the top spending priority. This reduced percentage was applied not only to the Department of Education but also to other educational agencies such as the Wil Lou Gray Opportunity School and Educational Television. Moreover, in keeping with my belief that we should place priority on all levels of education, I have applied the reduced percentage to higher education and technical education as well.
A few agencies, principally the Department of Youth Services, can sustain no reduction at all, so they received a complete exemption. In addition I have not recommended vetoes for those budget lines that are normally exempted during mid-year budget cuts: employee salaries and benefits, constitutional officer salaries, debt service, and the regulatory boards and commissions that return more money to the general fund than they receive.
I have not vetoed any money out of the Capital Expenditure Fund for two reasons. First, the point of these vetoes is to guard against mid-year budget cuts, and the Capital Expenditure Fund provides our only cushion for revenue shortfalls. Second, the Capital Expenditure Fund is listed as only one line in the budget, and I can only eliminate, not reduce, a line with my line item veto.
In addition to the various categories of reductions, I have vetoed larger amounts from a few agencies in special situations. I have explained my reasoning for reductions larger than one percent in the list of vetoes.
I have vetoed specific lines throughout Part I of the budget in keeping with the requirement of a line-item veto. Except where I have indicated otherwise, however, it is not my intention to eliminate the activity funded by a particular line. I do intend to reduce the agency budget overall by choosing a line or set of lines that approximate the desired amount. Agencies can request approval for the transfer of funds from other places in their budgets to fund these activities if they so desire. I will encourage my fellow members on the Budget and Control Board to approve any necessary budget transfers to accomplish that result.
I have vetoed all of the following lines according to the guidelines and reasons explained above, except where noted.
The references in this veto message are to the appropriate items as they appear in both the report of the Committee of Free Conference on H. 2590 (the General Appropriations Bill for 1987-88) dated June 3, 1987 and in the Bill as ratified. The references to the Bill are within the parentheses. I have followed this practice for the convenience of the members of the General Assembly, who are more likely to have access to a Free Conference Report than the final Bill as printed by the Legislative Council. I have referenced the line number in both the Free Conference Report and the Bill for your added information. As in the Free Conference Report, blank lines are included in the count. My intent is to veto those items as listed by their title and their amount.
VETO 1 - Section 3H, State Reorganization Commission, Page 3-027, Line 14, Travel (Bill: Page 3-002, Line 9) $5,000
VETO 2 - Section 5A, Governor's Office, Executive Control of the State, Page 5-001, Line 18, Transportation (Bill: Page 5-001, Line 18) $1,500
This cut is in addition to a cut of $4,335 in actual spending from FY 86-87 to FY 87-88.
VETO 3 - Section 5B, Governor's Office, State Law Enforcement Division, Page 5-005, Line 36, Contractual Services, (Bill: Page 5-004, Line 28) $25,840
VETO 4 - Section 5B, Governor's Office, State Law Enforcement Division, Page 5-005, Line 11, Equipment, (Bill: Page 5-004, Line 3) $63,887
VETO 5 - Section 5B, Governor's Office, State Law Enforcement Division, Page 5-005, Line 40, Equipment, (Bill: Page 5-004, Line 32) $10,000
VETO 6 - Section 5B, Governor's Office, State Law Enforcement Division, Page 5-003, Line 17, Library Books, Maps and Films, (Bill: Page 5-002, Line 17) $500
VETO 7 - Section 5B, Governor's Office, State Law Enforcement Division, Page 5-005, Line 39, Travel, (Bill: Page 5-004, Line 31) $4,000
VETO 8 - Section 5C, Governor's Office, Office of Executive Policy and Programs, Page 5-007, Line 17, Transportation, (Bill: Page 5-006, Line 17) $12,080
This cut is in addition to a $205,170 decrease in actual spending from FY 1986-87 to FY 1987-88.
VETO 9 - Section 6, Lt. Governor's Office, Page 6-001, Line 13, Fixed Charges and Contributions, (Bill: Page 6-001, Line 13) $300
VETO 10 - Section 6, Lt. Governor's Office, Page 6-001, Line 14, Travel, (Bill: Page 6-001, Line 14) $1,411
VETO 11 - Section 7, Secretary of State's Office, Page 7-001, Line 11, Equipment, (Bill: Page 7-001, $4,984
VETO 12 - Section 7, Secretary of State's Office, Page 7-001, Line 10, Travel, (Bill: Page 7-001, Line 10) $4,224
VETO 13 - Section 8, Comptroller General's Office, Page 8-003, Line 4, Contractual Services, (Bill: Page 8-002, Line 31) $37,513
VETO 14 - Section 8, Comptroller General's Office, Page 8-001, Line 16, Transportation, (Bill: Page 8-001, Line 16) $1,000
VETO 15 - Section 9, State Treasurer's Office, Page 9-001, Line 14, Travel, (Bill: Page 9-001, Line 14) $27,399
VETO 16 - Section 9, State Treasurer's Office, Page 9-001, Line 28, Temporary Positions, (Bill: Page 9-001, Line 28) $2,408
VETO 17 - Section 9, State Treasurer's Office, Page 9-001, Line 31, Contractual Services, (Bill: Page 9-001, Line 31) $2,926
VETO 18 - Section 10, Attorney General's Office, Page 10-001, Line 8, Temporary Positions, (Bill: Page 10-001, Line 8) $18,000
VETO 19 - Section 10, Attorney General's Office, Page 10-001, Line 33, Contractual Services, (Bill: Page 10-001, Line 31) $2,680
VETO 20 - Section 11, Commission on Appellate Defense, Page 11-001, Line 16, Library Books, Maps and Films, (Bill: Page 11-001, Line 16) $9,105
VETO 21 - Section 13, Adjutant General's Office, Page 13-002, Line 13, Equipment, (Bill: Page 13-002, Line 6) $29,200
VETO 22 - Section 13, Adjutant General's Office, Page 13-002, Line 12, Travel, (Bill: Page 13-002, Line 5) $9,000
VETO 23 - Section 13, Adjutant General's Office, Page 13-004, Line 23, Transportation, (Bill: Page 13-004, Line 7) $1,500
VETO 24 - Section 15, State Election Commission Page 15-001, Line 38, Supplies and Materials, (Bill: Page 15-001, Line 37) $12,535
VETO 25 - Section 15, State Election Commission, Page 15-001, Line 16, Per Diem, (Bill: Page 15-001, Line 16) $2,450
VETO 26 - Section 15, State Election Commission, Page 15-003, Line 3, Fixed Charges and Contributions, (Bill: Page 15-002, Line 38) $650
VETO 27 - Section 16A, Budget and Control Board, Office of Executive Director, Page 16-001, Line 24, Departmental Printing, (Bill: Page 16-001, Line 22) $50,008
VETO 28 - Section 16A, Budget and Control Board, Office of Executive Director, page 16-001, Line 17, Supplies and Material, (Bill: Page 16-001, Line 16) $8,934
VETO 29 - Section 16A, Budget and Control Board, Office of Executive Director, Page 16-002, Line 7, Total Lead Poisoning, (Bill: Page 16-001, Line 42) $1,000
VETO 30 - Section 16B, Budget and Control Board, Budget Division, Page 16-004, Line 9, Contractual Services, (Bill: Page 16-004, Line 9) $5,506
VETO 31 - Section 16B, Budget and Control Board, Budget Division, Page 16-004, Line 10, Supplies and Materials, (Bill: Page 16-004, Line 10) $2,070
VETO 32 - Section 16B, Budget and Control Board, Budget Division, Page 16-004, Line 32, Travel, (Bill: Page 16-004, Line 19) $3,500
VETO 33 - Section 16C, Budget and Control Board, Research and Statistical Services Division, Page 16-006, Line 39, Fixed Charges and Contributions, (Bill: Page 16-006, Line 39) $9,250
VETO 34 - Section 16C, Budget and Control Board, Research and Statistical Services Division, Page 16-009, Line 3, Supplies and Materials, (Bill: Page 16-008, Line 26) $21,360
VETO 35 - Section 16D, Budget and Control Board, Information Resources Management, Page 16-011, Line 11, Contractual Services, (Bill: Page 16-010, Line 11)
VETO 36 - Section 16D, Budget and Control Board, Information Resources Management, Page 16-011, Line 12, Supplies and Materials, (Bill: Page 16-010, Line 12) $5,378
VETO 37 - Section 16D, Budget and Control Board, Information Resources Management, Page 16-011, Line 14, Travel, (Bill: Page 16-010, Line 14) $12,000
VETO 38 - Section 16D, Budget and Control Board, Information Resources Management, Page 16-011, Line 25, Telecommunications Specialist III, From Total Funds (Bill: Page 16-010, Line 25) $30,257
VETO 39 - Section 16D, Budget and Control Board, Information Resources Management, Page 16-011, Line 16, (Bill: Page 16-010, Line 26) (1,00)
VETO 40 - Section 16D, Budget and Control Board, Information Resources Management, Page 16-011, Line 27, Telecommunications Specialist I, From Total Funds (Bill: Page 16-010, Line 27) $58,956
VETO 41 - Section 16D, Budget and Control Board, Information Resources Management, Page 16-011, Line 28 (Bill: Page 16-010, Line 28) (3,00)
I have a number of concerns about the State's management of its telephone system. The addition of any new positions is precipitous at this time.
VETO 42 - Section 16E, Budget and Control Board, General Services Division, Page 16-019, Line 11, Fixed Charges and Contributions, (Bill: Page 16-016, Line 35) $16,100
VETO 43 - Section 16E, Budget and Control Board, General Services Division, Page 16-019, Line 12, Travel, (Bill: Page 16-016, Line 36) $15,000
VETO 44 - Section 16E, Budget and Control Board, General Services Division, Page 16-019, Line 25, Fixed Charges and Contributions, (Bill: Page 16-017, Line 5) $24,235
VETO 45 - Section 16F, Budget and Control Board, State Fire Marshal, Page 16-027, Line 39, Supplies and Materials, (Bill: Page 16-024, Line 38) $1,525
VETO 46 - Section 16F, Budget and Control Board, State Fire Marshal, Page 16-028, Line 3, Library Books, Maps and Films, (Bill: Page 16-024, Line 42) $1,100
VETO 47 - Section 16F, Budget and Control Board, State Fire Marshal, Page 16-028, Line 25, Supplies and Materials, (Bill: Page 16-025, Line 19) $23,994
VETO 48 - Section 16G, Budget and Control Board, Motor Vehicle Management Division, Page 16-030, Line 15, Supplies and Materials, (Bill: Page 16-027, Line 15) $2,617
VETO 49 - Section 16H, Budget and Control Board, Human Resource Management, Page 16-032, Line 17, Travel, (Bill: Page 16-029, Line 17) $11,600
VETO 50 - Section 16H, Budget and Control Board, Human Resource Management, Page 16-032, Line 18, Equipment, (Bill: Page 16-029, Line 18) $12,144
VETO 51 - Section 16H, Budget and Control Board, Human Resource Management, Page 16-032, Line 37, Travel, (Bill: Page 16-029, Line 37) $5,000
VETO 52 - Section 16J, Budget and Control Board, State Auditor, Page 16-038, Line 14, Contractual Service, (Bill: Page 16-034, Line 14) $10,008
VETO 53 - Section 16J, Budget and Control Board, State Auditor, Page 16-038, Line 32, Supplies and Materials, (Bill: Page 16-034, Line 32) $24,300
VETO 54 - Section 17, Commission on Higher Education, Page 17-001, Line 10, Per Diem, (Bill: Page 17-001, Line 10) $6,658
VETO 55 - Section 17, Commission on Higher Education, Page 17-001, Line 17, Equipment, (Bill: Page 17-001, Line 17) $15,403
VETO 56 - Section 18, Higher Education Tuition Grants Committee, Page 18-001, Line 8, Temporary Positions, (Bill: Page 18-001, Line 8) $1,000
VETO 57 - Section 18, Higher Education Tuition Grants Committee, Page 18-001, Line 9, Per Diem, (Bill: Page 18-001, Line 9) $1,050
VETO 58 - Section 18, Higher Education Tuition Grants Committee, Page 18-001, Line 12, Fixed Charges and Contributions, (Bill: Page 18-001, Line 12) $16,315
VETO 59 - Section 18, Higher Education Tuition Grants Committee, Page 18-001, Line 13, Travel, (Bill: Page 18-001, Line 13) $4,000
VETO 60 - Section 18, Higher Education Tuition Grants Committee, Page 18-001, Line 14, Equipment, (Bill: Page 18-001, Line 14) $9,216
VETO 61 - Section 18, Higher Education Tuition Grants Committee, Page 18-001, Line 17, SC Student Legislature, (Bill: Page 18-001, Line 17) $8,000
VETO 62 - Section 19, The Citadel, Page 19-005, Line 40, Supplies and Materials, (Bill: Page 19-005, Line 19) $23,530
VETO 63 - Section 19, The Citadel, Page 19-007, Line 6, Supplies and Materials, (Bill: Page 19-006, Line 20) $33,810
VETO 64 - Section 19, The Citadel, Page 19-002, Line 20, Supplies and Materials, (Bill: Page 19-002, Line 5) $400
VETO 65 - Section 20, Clemson, Page 20-008, Line 14, Supplies and Materials, (Bill: Page 20-007, Line 27) $221,058
VETO 66 - Section 20, Clemson, Page 20-008, Line 15, Fixed Charges and Contributions, (Bill: Page 20-007, Line 28) $59,649
VETO 67 - Section 20, Clemson, Page 20-002, Line 32, Fixed Charges and Contributions, (Bill: Page 20-002, Line 26) $10,716
VETO 68 - Section 21, College of Charleston, Page 21-001, Line 17, Supplies and Materials, (Bill: Page 21-001, Line 16) $45,186
VETO 69 - Section 21, College of Charleston, Page 21-006, Line 21, Supplies and Materials, (Bill: Page 21-005, Line 37) $26,748
VETO 70 - Section 21, College of Charleston, Page 21-002, Line 34, Contractual Services, (Bill: Page 21-002, Line 29) $7,552
VETO 71 - Section 21, College of Charleston, Page 21-006, Line 22, Fixed Charges and Contributions, (Bill: Page 21-005, Line 38) $1,094
VETO 72 - Section 22, Francis Marion College, Page 22-004, Line 29, Contractual Services, (Bill: Page 22-004, Line 10) $17,409
VETO 73 - Section 22, Francis Marion College, Page 22-004, Line 30, Supplies and Materials, (Bill: Page 22-004, Line 11) $29,561
VETO 74 - Section 23, Lander College, Page 23-003, Line 4, Fixed Charges and Contributions, (Bill: Page 23-002, Line 40) $330
VETO 75 - Section 23, Lander College, Page 23-003, Line 6, Equipment, (Bill: Page 23-002, Line 42) $2,881
VETO 76 - Section 23, Lander College, Page 23-004, Line 16, Equipment, (Bill: Page 23-004, Line 3) $30,153
VETO 77 - Section 24, SC State College, Page 24-001, Line 21, Equipment, (Bill: Page 24-001, Line 21) $64,500
VETO 78 - Section 24, SC State College, Page 24-008, Line 14, Equipment, (Bill: Page 24-007, Line 22) $17,106
VETO 79 - Section 24, SC State College, Page 24-007, Line 10, Equipment, (Bill: Page 24-006, Line 22) $3,100
VETO 80 - Section 25A, University of South Carolina, Page 25-008, Line 2, Supplies and Materials, (Bill: Page 25-007, Line 3) $265,576
VETO 81 - Section 25A, University of South Carolina, Page 25-011, Line 5, Fixed Charges and Contributions, (Bill: Page 25-009, Line 32) $230,605
VETO 82 - Section 25A, University of South Carolina, Page 25-005, Line 37, Fixed Charges and Contributions, (Bill: Page 25-005, Line 9) $21,842
VETO 83 - Section 25B, University of South Carolina Medical School, Page 25-017, Line 20, Equipment, (Bill: Page 25-014, Line 35) $50,000
VETO 84 - Section 25B, University of South Carolina Medical School, Page 25-016, Line 32, Supplies and Materials, (Bill: Page 25-014, Line 10) $20,000
VETO 85 - Section 25C, USC Aiken, Page 25-022, Line 17, Supplies and Materials, (Bill: Page 25-019, Line 3) $5,543
VETO 86 - Section 25C, USC Aiken, Page 25-022, Line 38, Supplies and Materials, (Bill: Page 25-019, Line 23) $10,211
VETO 87 - Section 25C, USC Aiken, Page 25-026, Line 7, Fixed Charges and Contributions, (Bill: Page 25-022, Line 2) $7,382
VETO 88 - Section 25C, USC Aiken, Page 25-023, Line 16, Temporary Positions, (Bill: Page 25-019, Line 40) $4,000
VETO 89 - Section 25D, USC Coastal Carolina Campus, Page 25-032, Line 33, Supplies and Materials, (Bill: Page 25-028, Line 8) $27,184
VETO 90 - Section 25D, USC Coastal Carolina Campus, Page 25-031, Line 7, Supplies and Materials, (Bill: Page 25-026, Line 34) $9,972
VETO 91 - Section 25E, USC Spartanburg Campus, Page 25-038, Line 26, Equipment, (Bill: Page 25-032, Line 26) $30,246
VETO 92 - Section 25E, USC Spartanburg Campus, Page 25-041, Line 25, Fixed Charges and Contributions, (Bill: Page 25-034, Line 39) $3,339
VETO 93 - Section 25F, USC Beaufort Campus, Page 25-047, Line 18, Fixed Charges and Contributions, (Bill: Page 25-040, Line 18) $2,179
VETO 94 - Section 25F, USC Beaufort Campus, Page 25-047, Line 20, Equipment, (Bill: Page 25-040, Line 20) $3,127
VETO 95 - Section 25F, USC Beaufort Campus, Page 25-047, Line 16, Contractual Services, (Bill: Page 25-040, Line 16) $445
VETO 96 - Section 25G, USC Lancaster Campus, Page 25-058, Line 18, Supplies and Materials, (Bill: Page 25-048, Line 14) $8,169
VETO 97 - Section 25G, USC Lancaster Campus, Page 25-056, Line 12, Supplies and Materials, (Bill: Page 25-046, Line 37) $919
VETO 98 - Section 25H, USC Salkehatchie Campus, Page 25-063, Line 8, Contractual Services, (Bill: Page 25-052, Line 33) $4,911
VETO 99 - Section 25H, USC Salkehatchie Campus, Page 25-063, Line 9, Supplies and Materials, (Bill: Page 25-052, Line 34) $499
VETO 100 - Section 25I, USC Sumter Campus, Page 25-071, Line 10, Supplies and Materials, (Bill: Page 25-059, Line 21) $10,188
VETO 101 - Section 25I, USC Sumter Campus, Page 25-068, Line 19, Equipment, (Bill: Page 25-057, Line 19) $2,836
VETO 102 - Section 25J, USC Union Campus, Page 25 076, Line 30, Temporary Positions, (Bill: Page 25-064, Line 20) $1,767
VETO 103 - Section 25J, USC Union Campus, Page 25-076, Line 34, Contractual Services, (Bill: Page 25-064, Line 24) $715
VETO 104 - Section 25J, USC Union Campus, Page 25-076, Line 36, Fixed Charges and Contributions, (Bill: Page 25-064, Line 26) $743
VETO 105 - Section 26, Winthrop College, Page 26-001, Line 20, Supplies and Materials, (Bill: Page 26-001, Line 20) $37,761
VETO 106 - Section 26, Winthrop College, Page 26-001, Line 21, Fixed Charges and Contributions, (Bill: Page 26-001, Line 21) $22,796
VETO 107 - Section 26, Winthrop College, Page 26-005, Line 29, Equipment, $18,864
(Bill: Page 26-005, Line 11)
VETO 108 - Section 26, Winthrop College, Page 26-006, Line 24, Fixed Charges and Contributions, (Bill: Page 26-006, Line 2) $1,708
VETO 109 - Section 27A, Medical University of SC, Page 27-007, Line 1, Contractual Services, (Bill: Page 27-006, Line 21) $326,947
VETO 110 - Section 27A, Medical University of SC, Page 27-002, Line 29, Equipment, (Bill: Page 27-002, Line 25) $8,005
VETO 111 - Section 27B, Medical University of SC Hospital, Page 27-012, Line 9, Temporary Positions, (Bill: Page 27-011, Line 9) $65,453
VETO 112 - Section 27C, SC Consortium of Comm. Teaching Hospitals, Page 27-015, Line 15, Supplies and Materials, (Bill: Page 27-014, Line 9) $62,914
VETO 113 - Section 27C, SC Consortium of Comm. Teaching Hospitals, Page 27-015, Line 16, Fixed Charges and Contributions, (Bill: Page 27, 014, Line 10) $2,217
VETO 114 - Section 27D, Charleston Higher Education Consortium, Page 27-017, Line 4, Classified Positions, (Bill: Page 27-015, Line 4) $66,200
VETO 115 - Section 27D, Charleston Higher Education Consortium, Page 27-017, Line 5, (Bill: Page 27-015, Line 5) 3FTE
VETO 116 - Section 27D, Charleston Higher Education Consortium, Page 27-017, Line 6, Unclassified Positions, (Bill: Page 27-015, Line 6) $67,622
VETO 117 - Section 27D, Charleston Higher Education Consoritum, Page 27-017, Line 7, 27-015, (Bill: Page 27-015, Line 7) 2FTE
VETO 118 - Section 27D, Charleston Higher Education Consortium, Page 27-017, Line 9, Temporary Positions, (Bill: Page 27-015, Line 9) $5,000
VETO 119 - Section 27D, Charleston Higher Education Consortium, Page 27-017, Line 10, Overtime and Shift Differ, (Bill: Page 27-015, Line 19) $2,000
VETO 120 - Section 27D, Charleston Higher Education Consortium, Page 27-017, Line 11, Total Personal Service, (Bill: Page 27-015, Line 11) $140,822
The Commission on Higher Education is charged with the responsibility for coordinating the efforts of our colleges and universities. Maintaining an additional regional coordinating consortium constitutes a partial duplication with the Commission and an unnecessary layer of bureaucracy. I intent this reduction to be the first step in the phase-out of the Consortium.
VETO 121 - Section 29, St. Bd. for Technical and Comprehensive Ed, Page 29-004, Line 7, Fixed Charges and Contributions, (Bill: Page 29-003, Line 38) $90,245
VETO 122 - Section 29, St. Bd. for Technical and Comprehensive Ed., Page 29-003, Line 26, Supplies and Materials, (Bill: Page 29-003, Line 17) $62,130
VETO 123 - Section 29, St. Bd. For Technical and Comprehensive Ed., Page 29-001, Line 15, Supplies and Materials, (Bill: Page 29-001, Line 15) $32,975
VETO 124 - Section 29, St. Bd. for Technical and Comprehensive Ed., Page 29-003, Line 7, Supplies and Materials, (Bill: Page 29-002, Line 42) $21,526
VETO 125 - Section 29, St. Bd. for Technical and Comprehensive Ed., Page 29-003, Line 27, Fixed Charges and Contributions, (Bill: Page 29-003, Line 18) $4,506
VETO 126 - Section 29, St. Bd. for Technical and Comprehensive Ed., Page 29-001, Line 18, Equipment, (Bill: Page 29-001, Line 18) $1,314
VETO 127 - Section 29.7, St. Bd. for Technical and Comprehensive Education, Page 29-006, Lines 6-12, Column 2: (Bill: Section 29.6, Page 29-006, Lines through 7)
This proviso allows the State Board for Technical and Comprehensive Education to "increase the teaching faculty salaries up to twenty percent (20%) in addition to any other increases provided in" the Appropriations Bill.
I am vetoing this proviso for two main reasons. First, in an tight fiscal year in which classified state employees are limited to total salary increases of 3%, blanket permission for allowing raises of up to 20% for these faculty members is inappropriate.
Second, we already have established procedures by which salaries may be raised by more than the 3% if such raises can be justified. I see no compelling reason to deviate from normal procedures which have proven effective when the need arises for making extraordinary salary adjustments.
VETO 128 - Section 30, State Education Department, Page 30-003, Line 39, Supplies and Materials, (Bill: Page 30-003, Line 27) $4,218,974
VETO 129 - Section 30, State Education Department, Page 30-003, Line 11, Contractual Services, (Bill: Page 30-002, Line 43) $301,966
VETO 130 - Section 30, State Education Department, Page 30-003, Line 38, Contractual Services, (Bill: page 30-003, Line 26) $159,461
VETO 131 - Section 30, State Education Department, Page 30-003, Line 15, Equipment (Bill: Page 30-003, Line 3) $45,820
VETO 132 - Section 30, State Education Department, Page 30-005, Line 28, Equipment, (Bill: Page 30-005, Line 6) $1,250
VETO 133 - Section 30.98, State Department of Education, Page 30-024, Line 13-38, Column 1; (Bill: Section 30.76, Page 30-028, Lines 33 through 45; page 30-029, Lines 1-13)
This proviso requires 10% of the total state dollars appropriated for gifted and talented programs to be set aside for serving artistically gifted and talented students. It also states that, "any funds allocated to a school district that has identified a lesser number of artistically gifted and talented students than the number permitted by their proportionate share of the ten percent (10%) shall be redistributed on a proportionate share basis to those districts that have identified a greater number of artistically gifted and talented students than permitted by their proportionate share of ten percent (10%)."
This language clearly allows some school districts to receive more than their proportionate share of gifted and talented funds. While this may be beneficial for districts which have well-developed arts programs, other districts will lose their proportionate share of these funds. It is possible that some of the school districts which would lose funds under this proviso are poor districts. I believe these are the very districts which need funds for gifted students, and that we would be making a mistake to allow this diversion of money to other, wealthier districts. Based on this reason, I am vetoing Section 30.98.
VETO 134 - Section 31, Educational Television Commission, Page 31-001, Line 18, Travel, (Bill: Page 31-001, Line 18) $20,000
VETO 135 - Section 31, Educational Television Commission, Page 31-001, Line 22, Transportation, (Bill: Page 31-001, Line 22) $58,975
VETO 136 - Section 32, Wil Lou Gray Opportunity School, Page 32-003, Line 9, Equipment (Bill: Page 32-003, Line 1) $13,83
VETO 137 - Section 34, School for the Deaf and Blind, Page 34-001, Line 22, Travel (Bill: Page 34-001, Line 22) $33,741
VETO 138 - Section 35, Department of Archives and History, Page 35-002, Line 20, Contractual Services, (Bill: Page 35-002, Line 16) $24,650
VETO 139 - Section 35, Department of Archives and History, Page 35-002, Line 6, Supplies and Materials, (Bill: Page 35-002, Line 2) $6,261
VETO 140 - Section 35, Department of Archives and History, Page 35-002, Line 23, Travel, (Bill: Page 35-002, Line 19) $4,150
VETO 141 - Section 35, Department of Archives and History, Page 35-002, Line 10, Library Books, Maps and Films, (Bill: Page 35-002, Line 6) $745
VETO 142 - Section 35, Department of Archives and History, Page 35-003, Line 26, Supplies and Materials, (Bill: Page 35-003, Line 18) $700
VETO 143 - Section 36, Confederate Relic Room, Page 16-001, Line 14, Library Books, Maps and Films, (Bill: Page 36-001, Line 14) $500
VETO 144 - Section 37, S. C. State Library, Page 37-001, Line 28, Contractual Services, (Bill: Page 37-001, Line 28) $21,686
VETO 145 - Section 37, S. C. State Library, Page 37-002, Line 32, Equipment, (Bill: Page 37-002, Line 26) $20,790
VETO 146 - Section 37, S. C. State Library, Page 37-003, Line 11, Library Books, Maps and Films, (Bill: Page 37-003, Line 1) $5,000
VETO 147 - Section 37, S. C. State Library, Page 37-002, Line 6, Travel, (Bill: Page 37-002, Line 1) $1,500
VETO 148 - Section 37, S. C. State Library, Page 37-001, Line 17, Travel, (Bill: Page 37-001, Line 17) $1,500
VETO 149 - Section 38, S. C. Arts Commission, Page 38-001, Line 17, Temporary Positions, (Bill: Page 38-001, Line 17) $6,589
VETO 150 - Section 39, State Museum Commission, Page 39-001, Line 26, Personnel Specialist, (Bill: Page 39-001, Line 15) $21,730
VETO 151 - Section 39, State Museum Commission, Page 39-001, Line 27, (Bill: Page 39-001, Line 16) (1.00)
VETO 152 - Section 39, State Museum Commission, Page 39-001, Line 28, Purchasing Coordinator, (Bill: Page 39-001, Line 17) $15,478
VETO 153 - Section 39, State Museum Commission, Page 39-001, Line 29 (Bill: Page 39-001, Line 18) (1.00)
VETO 154 - Section 39, State Museum Commission, Page 39-001,k Line 30, Staff Assistant, (Bill: Page 39-001, Line 19) $15,478
VETO 155 - Section 39, State Museum Commission, Page 39-001, Line 31, (Bill: Page 39-001, Line 20) (1.00)
VETO 156 - Section 39, State Museum Commission, Page 39-001, Line 34, Administrative Specialist B, (Bill: Page 39-001, Line 23) $10,193
VETO 157 - Section 39, State Museum Commission, Page 39-001, Line 35, (Bill: Page 39-001, Line 24) (1.00)
VETO 158 - Section 39, State Museum Commission, Page 39-001, Line 38, Publications Editor, (Bill: Page 39-001, Line 27) $9,286
VETO 159 - Section 39, State Museum Commission, Page 39-001, Line 39, (Bill: Page 39-001, Line 28) (1.00)
VETO 160 - Section 39, State Museum Commission, Page 39-002, Line 18 and 19, Store Manager II, (Bill: Page 39-002, Lines 1 and 2) (1.00) $9,660
VETO 161 - Section 39, State Museum Commission, Page 39-002, Lines 22 and 23, Postal Supply Clerk, (Bill: Page 39-002, Lines 5 and 6) (1.00) $11,010
VETO 162 - Section 39, State Museum Commission, Page 39-002, Lines 30 and 31, Building Services Supervisor, (Bill: Page 39-002, Lines 13 and 14) (1.00) $15,671
VETO 163 - Section 39, State Museum Commission, Page 39-003, Line 30, Assistant Art Curator II, (Bill: Page 39-002, Line 39) $13,930
VETO 164 - Section 39, State Museum Commission, Page 39-003, Line 31, (Bill: Page 39-002, Line 40) (1.00)
VETO 165 - Section 39, State Museum Commission, Page 39-004, Line 10, Audio/Visual Specialist (Bill: Page 39-003, Line 15) $24,216
VETO 166 - Section 39, State Museum Commission, Page 39-004, Line 11, (Bill: Page 39-003, Line 16) (1.00)
VETO 167 - Section 39, State Museum Commission, Page 39-004, Line 33, Education-Program Specialist, (Bill: Page 39-003, Line 37) $8,706
VETO 168 - Section 39, State Museum Commission, Page 39-004, Line 34, (Bill: Page 39-003, Line 38) (1.00)
VETO 169 - Section 39, State Museum Commission, Page 39-004, Line 35, Education-Study Visit Specialist, (Bill: Page 39-003, Line 39) $10,447
VETO 170 - Section 39, State Museum Commission, Page 39-004, Line 36, (Bill: Page 39-003, Line 40) (1.00)
VETO 171 - Section 39, State Museum Commission, Page 39-004, Line 37, Education Program Training Specialist, (Bill: Page 39-003, Line 41) $10,447
VETO 172 - Section 39, State Museum Commission, Page 39-004, Line 38, (Bill: Page 39-003, Line 42) (1.00)
The Free Conference Bill includes 29 new positions to open the Museum in July of 1987. I believe that this is an excessive number of new employees in a tight budget year. I also believe that the Museum will have difficulty recruiting and hiring 29 people by July. Consequently these vetoes reduce the number of new positions by 13 people.
VETO 173 - Section 40, State Health and Human Services Finance Commission, Page 40-004, Line 16, Swing Beds, (Bill: Page 40-003, Line 35) $213,680
VETO 174 - Section 40, State Health and Human Services Finance Commission, Page 40-002, Line 36, Contractual Services, (Bill: Page 40-002, Line 32) $110,381
VETO 175 - Section 40, State Health and Human Services Finance Commission, Page 40-002, Line 37, Supplies and Materials, (Bill: Page 40-002, Line 33) $61,243
VETO 176 - Section 40, State Health and Human Services Finance Commission, Page 40-006, Line 17, Travel, (Bill: Page 40-005, Line 21) $8,532
VETO 177 - Section 40, State Health and Human Services Finance Commission, Page 40-004, Line 30, Family Planning, (Bill: Page 40-004, Line 4) $238,112
VETO 178 - Section 40, State Health and Human Services Finance Commission, Page 40-001, Line 11, Contractual Services, (Bill: Page 40-001, Line 11) $313,516
VETO 179 - Section 40, State Health and Human Services Finance Commission, Page 40-001, Line 28, Supplies and Materials, (Bill: Page 40-001, Line 28) $978
VETO 180 - Section 41, Department of Health and Environmental Control, Page 41-018, Line 26, Scholarships-Non-State Employees, (Bill: Page 41-016, Line 28) $279,000
VETO 181 - Section 41, Department of Health and Environmental Control, Page 41-009, Line 33, Contractual Services, (Bill: Page 41-008, Line 34) $63,814
VETO 182 - Section 41, Department of Health and Environmental Control, Page 41-028, Line 14, Supplies and Materials, (Bill: Page 41-024, Line 40) $174,542
VETO 183 - Section 41, Department of Health and Environmental Control, Page 41-027, Line 15, Equipment, (Bill: 41-024, Line 4) $85,024
VETO 184 - Section 41, Department of Health and Environmental Control, Page 41-009, Line 36, Travel, (Bill: Page 41-008, Line 37) $78,082
VETO 185 - Section 41, Department of Health and Environmental Control, Page 41-008, Line 19, Travel, (Bill: Page 41-007, Line 28) $59,413
VETO 186 - Section 41, Department of Health and Environmental Control, Page 41-029, Line 13, Equipment, (Bill: Page 41-025, Line 35) $35,000
VETO 187 - Section 42, Department of Mental Health, Page 42-001, Line 17, Contractual Services, (Bill: Page 42-001, Line 17) $500,000
VETO 188 - Section 42, Department of Mental Health Page 42-001, Line 18, Supplies and Materials, (Bill. Page 42-001, Line 18) $250,000
VETO 189 - Section 42, Department of Mental Health, Page 42-001, Line 20, Travel, (Bill: Page 42-001, Line 20) $50,000
VETO 190 - Section 42, Department of Mental Health, Page 42-001, Line 21, Equipment, (Bill: Page 42-001, Line 21) $100,000
VETO 191 - Section 42, Department of Mental Health, Page 42-002, Line 29, Supplies and Materials, (Bill: Page 42-002, Line 8) $25,000
VETO 192 - Section 42, Department of Mental Health, Page 42-002, Line 32, Equipment, (Bill: Page 42-002, Line 11) $25,000
VETO 193 - Section 43, Department of Mental Retardation, Page 43-001, Line 19, Equipment, (Bill: Page 43-001, Line 19) $93,557
VETO 194 - Section 43, Department of Mental Retardation, Page 43-004, Line 15, O.T. & Shift Differential, (Bill: Page 43-004, Line 2) $293,190
VETO 195 - Section 43, Department of Mental Retardation, Page 43-001, Line 15, Contractual Services, (Bill: Page 43-001, Line 15) $304,897
VETO 196 - Section 44, S. C. Commission on Alcohol and Drug Abuse, Page 44-003, Line 18, Travel, (Bill: Page 44-003, Line 9) $20,542
VETO 197 - Section 44, S. C. Commission on Alcohol and Drug Abuse, Page 44-003, Line 16, Supplies and Materials, (Bill: Page 44-003, Line 7) $12,970
VETO 198 - Section 44, S. C. Commission on Alcohol and Drug Abuse, Page 44-003, Line 19, Equipment, (Bill: Page 44-003, Line 10) $12,180
VETO 199 - Section 44, S. C. Commission on Alcohol and Drug Abuse, Page 44-003, Line 15, Contractual Services, (Bill: Page 44-003, Line 6) $38,904
VETO 200 - Section 45, Department of Social Services, Page 45-002, Line 30, Equipment, (Bill: Page 45-002, Line 26) $773,785
VETO 201 - Section 45, Department of Social Services, Page 45-012, Line 18, Contractual Services, (Bill: Page 45-011, Line 1) $120,743
VETO 202 - Section 46, John De La Howe School, Page 46-003, Line 29, Contractual Services, (Bill: Page 46-003, Line 20) $13,474
VETO 203 - Section 53, Department of Veterans' Affairs, Page 53-001, Line 14, Contractual Services, $12,000
VETO 204 - Section 55, Department of Corrections, Page 55-001, Line 21, Transportation, (Bill: Page 55-001, Line 21) $ 34,535
VETO 205 - Section 55, Department of Corrections, Page 55-005, Line 5, Fixed Charges and Contributions, (Bill: Page 55-004, Line 31) $888,433
VETO 206 - Section 55, Department of Corrections, Page 55-005, Line 31, Inmate Earnings, (Bill: Page 55-005, Line 9) $19,163
VETO 207 - Section 55, Department of Corrections, Page 55-005, Line 36, Fixed Charges and Contributions, (Bill: Page 55-005, Line 14) $56,692
VETO 208 - Section 55, Department of Corrections, Page 55-006, Line 1, Transportation, (Bill: Page 55-005, Line 19) $445,000
VETO 209 - Section 55, Department of Corrections, Page 55-006, Line 23, Equipment, (Bill: Page 55-005, Line 41) $7,833
I do not intend to reduce the basic operating expenses of the Department of Corrections. The House anticipated opening the new Broad River Road institution on April 1, 1988. The Senate added 2.9 million dollars to open the new prison three months earlier. The action I am taking with this set of vetoes splits the difference on the opening date between the House and Senate Bills and would allow the Department of Corrections a reasonable construction timetable to ensure opening of the new Broad River Road prison facility by February 15, 1988. This date would be 45 days before the contract date and, along with recent Budget and Control Board actions relocating the Central Correctional Institution, clearly indicates the State's commitment to address the prison overcrowding problem while living within the financial resources at our disposal.
VETO 210 - Section 60, Water Resources Commission, Page 60-003, Line 15, Administrative Specialist A, (Bill: Page 60-003, Line 6) $11,800
VETO 211 - Section 60, Water Resources Commission, Page 60-003, Line 16, (Bill: Page 60-003, Line 7) (1.00)
VETO 212 - Section 60, Water Resources Commission, Page 60-003, Line 23, Engineering Associate II, (Bill: Page 60-003, Line 14) $23,911
VETO 213 - Section 60, Water Resources Commission, Page 60-003, Line 24, (Bill: Page 60-003, Line 15) (1.00)
VETO 214 - Section 60, Water Resources Commission, Page 60-002, Line 14, Supplies and Materials, (Bill: Page 60-002, Line 9) $55,816
VETO 215 - Section 60, Water Resources Commission, Page 60-002, Line 15, Travel, (Bill: Page 60-002, Line 10) $22,603
VETO 216 - Section 60, Water Resources Commission, Page 60-002, Line 16, Travel, (Bill: Page 60-002, Line 11) $31,300
VETO 217 - Section 60, Water Resources Commission, Page 60-002, Line 17, Equipment, (Bill: Page 60-002, Line 12) $13,450
The Free Conference Bill includes a total of $315,000 and four new positions for the creation of two regional offices for the Commission. A tight budget year is not the time to be opening two new offices. The reduction I have recommended would reduce this appropriation in half and eliminate one of the regional offices.
(Bill: Page 67-002, Line 15)
VETO 218 - Section 61, Land Resources Conservation Commission, Page 61-001, Line 30, Supplies and Materials, (Bill: Page 61-001, Line 30) $19,000
VETO 219 - Section 61, Land Resources Conservation Commission, Page 61-002, Line 33, Equipment, (Bill: Page 61-002, Line 27) $4,874
VETO 220 - Section 61, Land Resources Conservation Commission, Page 61-003, Line 38, Supplies and Materials, (Bill: Page 61-003, Line 28) $2,525
VETO 221 - Section 62, State Forestry Commission, Page 62-001, Line 13, Contractual Services, (Bill: Page 62-001, Line 13) $73,460
VETO 222 - Section 62, State Forestry Commission, Page 62-001, Line 14, Supplies and Materials, (Bill: Page 62-001, Line 14) $49,049
VETO 223 - Section 62, State Forestry Commission, Page 62-001, Line 18, Light/Power/Heat, (Bill: Page 62-001, Line 18) $25,200
VETO 224 - Section 62, State Forestry Commission, Page 62-002, Line 40, Contractual Services, (Bill: Page 62-002, Line 36) $1,644
VETO 225 - Section 63, Department of Agriculture, Page 63-002, Line 2, Travel, (Bill: Page 63-001, Line 41) $16,750
VETO 226 - Section 63, Department of Agriculture, Page 63-003, Line 1, Transportation, (Bill: Page 63-002, Line 36) $7,200
VETO 227 - Section 64, Family Farm Development Authority, Page 64-001, Lines 1-40; Page 64-002, Lines 1-40; Page 64-003, Lines 1-18, (Bill: Page 64-002, Lines 1 through 44; Page 64-002, Lines through 43; Page 64-003, Lines 1 through 11)
Total Family Farm Development Authority $330,155
Total Authorized FTE Positions (8.00)
I have serious doubts about the viability of the proposed "credit union" and the assistance it can offer to farmers. Changes in the 1986 federal tax law made the credit union proposal less attractive to banks and therefore less likely to succeed. In addition, serious questions have been raised about management of the agency, and it has been the target of investigations by the State Auditor's Office and the State Law Enforcement Division. I inted for this veto to lead to a complete elimination of the Authority.
VETO 228 - Section 65, Clemson University - Public Service Activities, Page 65-002, Line 1, Supplies and Materials (Bill: Page 65-001, Line 41) $107,553
VETO 229 - Section 65, Clemson University - Public Service. Activities, Page 65-002, Line 39, Supplies and Materials, (Bill: Page 65-002, Line 35) $73,685
VETO 230 - Section 65, Clemson University - Public Service Activities, Page 65-001, Line 18, Travel, (Bill: Page 65-001, Line 18) $51,100
This cut represents only two-thirds of one percent of the agency's budget.
VETO 231 - Section 67, Wildlife and Marine Resources, Page 67-002, Line 18, Supplies and Materials, (Bill: Page 67-002, Line 13) $53,400
VETO 232 - Section 67, Wildlife and Marine Resources, Page 67-003, Line 21, Fixed Charges and Contributions, (Bill: Page 67-003, Line 13) $60,282
VETO 233 - Section 67, Wildlife and Marine Resources, Page 67-004, Line 23, Contractual Services, (Bill: Page 67-004, Line 10) $1,560
VETO 234 - Section 67, Wildlife and Marine Resources, Page 67-002, Line 20, Travel, (Bill: Page 67-002, Line 15) $5,000
VETO 235 - Section 68, Coastal Council, Page 68-001, Line 22, Temporary Positions, (Bill: Page 68-001, Line 22) $2,000
VETO 236 - Section 68, Coastal Council, Page 68-001, Line 31, Library Books, Maps and Films, (Bill: Page 68-001, Line 31) $800
VETO 237 - Section 68, Coastal Council, Page 68-001, Line 32, Light/Power/Heat, (Bill: Page 68-001, Line 32) $1,000
VETO 238 - Section 68, Coastal Council, Page 68-001, Line 33, Transportation, (Bill: Page 68-001, Line 33) $3,000
VETO 239 - Section 70, Department of Parks, Recreation and Tourism, Page 70-004, Line 15, Fixed Charges and Contributions, (Bill: Page 70-003, Line 40) $133,007
VETO 240 - Section 70, Department of Parks, Recreation and Tourism, Page 70-004, Line 16, Travel, (Bill: Page 70-003, Line 41) $50,000
VETO 241 - Section 70, Department of Parks, Recreation and Tourism, Page 70-004, Line 17 Equipment, (Bill: Page 70-003, Line 42) $19,000
I believe that reasonable increases for tourism advertising are sound investments, and I have advocated them consistently. However, I believe that the increase for that purpose in this department's budget is too much at one time in a tight budget year.
VETO 242 - Section 71, State Development Board, Page 71-002, Line 5, Contractual Services (Bill: Page 71-002, Line 1) $50,000
VETO 243 - Section 71, State Development Board, Page 71-002, Line 7, Travel, (Bill: Page 71-002, Line 3) $72,000
I intend for the amount on the last two vetoed lines to be taken from the film office within the State Development Board. I would be willing to support future requests for funding such an office if it is reorganized to serve the State effectively.
VETO 244 - Section 72, Jobs Economic Development Authority, Page 72-001, Line 8, Manager Program Developer, (Bill: Page 72-001, Line 8) $15,000
VETO 245 - Section 72, Jobs Economic Development Authority, Page 72-001, Line 9, (Bill: Page 72-001, Line 9) (1.00)
VETO 246 - Section 75, Clarks Hill - Russell Authority of S.C., Page 75-001, Line 15, Travel, (Bill: Page 75-001, Line 14) $10,000
VETO 247 - Section 75, Clarks Hill - Russell Authority of S.C., Page 75-002, Line 5, Equipment, (Bill: Page 75-001, Line 44) $6,000
VETO 248 - Section 75, Clarks Hill - Russell Authority of S.C., Page 75-002, Line 4, Fixed Charges and Contributions, (Bill: Page 75-001, Line 43) $400
VETO 249 - Section 76, Old Exchange Building Commission, Page 76-001, Line 12, Supplies and Materials, (Bill: Page 76-001, Line 12) $1,000
VETO 250 - Section 77, Public Service Commission, Page 77-003, Line 31, Supplies and Materials, (Bill: Page 77-003, Line 22) $35,077
VETO 251 - Section 77, Public Service Commission, Page 77-001, Line 14, Supplies and Materials, (Bill: Page 77-001, Line 14) $20,900
VETO 252 - Section 77, Public Service Commission, Page 77-001, Line 30, Equipment, (Bill: Page 77-001, Line 30) $4,710
VETO 253 - Section 81, Department of Insurance, Page 81-001, Line 16, Equipment, (Bill: Page 81-001, Line 16) $23,680
VETO 254 - Section 81, Department of Insurance, Page 81-002, Line 12, Travel, (Bill: Page 81-002, Line 7) $5,000
VETO 255 - Section 83, Department of Consumer Affairs, Page 83-001, Line 33, Contractual Services, (Bill: Page 83-001, Line 33) $17,000
VETO 256 - Section 85, Department of Labor, Page 85-005, Line 27, Travel, (Bill: Page 85-005, Line 2) $34,000
VETO 257 - Section 85, Department of Labor, Page 85-005, Line 13, Fixed Charges and Contributions, (Bill: Page 85-004, Line 32) $3,218
VETO 258 - Section 85, Department of Labor, Page 85-006, Line 28, Supplies and Materials, (Bill: Page 85-005, Line 43) $31
As a general principle I agree that enhancing our ability to collect revenue efficiently is a wise investment of the State's resources. The House approved 20 new positions for this effort, but the Senate included an additional 46 new employees. I believe that this large an increase is not justified in a tight budget year. After deducting the amount that I have vetoed, the Commission still retains an increase of $2,269,006 over the current years spending, an increase of 8.1 percent.
VETO 259 - Section 86, Tax Commission, Page 86-002 Line 13, Supplies and Materials, (Bill: Page 86-002, Line 8) $695,780
VETO 260 - Section 86, Tax Commission, Page 86-002 Line 31, Fixed Charges and Contributions, (Bill: Page 86-002, Line 26) $302,000
As a general principle I agree that enhancing our ability to collect revenue efficiently is a wise investment of the State's resources. The House approved 20 new positions for this effort, but the Senate included an additional 46 new employees believe that this large an increase is not justified in a tight budget year. After deducting the amount that I have vetoed, the Commission still retains an increase of $2,269,006 over the current years spending, an increase of 8.1 percent.
VETO 261 - Section 87, Alcoholic Beverage Control Commission, Page 87-001, Line 17, Transportation, (Bill: Page 87-001, Line 17) $6,500
VETO 262 - Section 87, Alcoholic Beverage Control Commission, Page 87-001, Line 29, Fixed Charges and Contributions, (Bill: Page 87-001, Line 29) $11,740
VETO 263 - Section 87, Alcoholic Beverage Control Commission, Page 87-002, Line 6, Equipment, (Bill: Page 87-002, Line 2) $15,000
VETO 264 - Section 120, Aeronautics Commission, Page 120-001, Line 13, Fixed Charges and Contributions, (Bill: Page 120-001, Line 13) $15,000
VETO 265 - Section 120, Aeronautics Commission, Page 120-001, Line 36, Transportation, (Bill: Page 120-001, Line 35) $10,000
Because of the difficulties facing our local governments as the result of declines in federal aid, the reduction in aid to subdivisions is limited to approximately one-half of one percent.
VETO 266 - Section 125, Aid to Subdivisions, Page 125-002, Line 36, Aid to Planning Districts, (Bill: Page 125-002, Line 31) $725,521
VETO 267 - Section 126.21, Department of Highways and Public Transportation, Page 126.001, Lines 8 through 10, Column 2: (Bill: Page 126-012, Section 126.19, Lines 6 through 8)
This provision is identical to a provision of R-166, S. 397. Since the purpose of this provision was accomplished when the Act became effective on June 2, 1987, this provision is unnecessary and is therefore vetoed.
VETO 268 - Section 126.28, Department of Highways and Public Transportation, Page 126-012, Lines 16 through 26, Column 1: (Bill: Page 126-013, Section 126.26, Lines 14 through 24)
This provision is identical to a provision of R-166, S. 397. Since the purpose of this provision was already accomplished when the Act became effective on June 2, 1987, this provision is unnecessary and is therefore vetoed.
VETO 269, Part II, Section 11, Page II-004:
(Bill: Section 5, page II-8)
The provisions of this section are identical to the provisions of R-117, S.425. Since the purpose of this provision was accomplished when that Act became effective on May 14, 1987, this provision is unnecessary and is therefore vetoed.
VETO 270, Part II, Section 14, Page II-005:
(Bill: Section 7, Page II-10)
Because of the delay in rate reduction for corporations in South Carolina in the Tax Conformity Provision (Section 39 of Part II) there is anticipated to be a substantial revenue increase to the general fund. Although I reluctantly agreed to the phase out of the six percent (6%) rate rather than an immediate reduction, I did so in the hope that this temporary delay would result in no additional tax burden on our corporate citizens. To agree to this provision which operates as a minimum corporate tax of $60 per corporation would send a wrong signal to any potential corporate investors in South Carolina. I also am opposed to this because it is a tax increase, something I will always view with great concern, especially when it is levied in this manner. This tax is on corporations that do not make a profit, and they can ill-afford such a tax.
Based on the foregoing, I am vetoing this provision.
VETO 271, Part II, Section 16, Page II-006: (Bill: Section 8, Page II-10)
This provision is another example of a continuation of the increasing burden of State Government on the people of this State. This burden, through an increase in instruments of conveyance of realty, is another small addition that will add to the cost of buying a home or any other property in this State. I view this provision as a tax increase and thus worthy of my veto.
VETO 272, Part II, Section 17, Page II-006: (Bill: Section 9, Pages II-11 through 13)
Because of the delay in rate reduction for corporations in South Carolina in the Tax Conformity Provision (Section 39 of Part II) there will be a substantial revenue increase to the general fund. Although I reluctantly agreed to the phase out of the six percent (6%) rate I did so in the hope that there will be no additional tax burden on our corporate citizens. To agree to this provision which operates as an increase tax on corporations would again send a wrong signal to those potential coporate investors in South Carolina.
Based on the foregoing, I am vetoing this provision.
VETO 273, Part II, Section 27, Page II-009: (Bill: Section 15, Pages II-16 through 17)
This section relates to cost of living adjustments in benefits paid to retired members of the S. C. Retirement System. It replaces the current definition of consumer price index, which means the "CPI for Wage Earners and Clerical Workers," with CPI for "all items -- United States city average."
In conversations with both the Atlanta, Georgia and Washington offices of the U. S. Department of Labor, Bureau of Statistics, my staff has been informed that there is no single index for "all items -- United States city average." The Bureau of Statistics states that this category is composed of two separate indices -- (1) "Wage Earners and Clerical Workers" (current definition); and (2) "all urban consumers."
The proviso is accordingly ambiguous and unclear. If "all items -- United States city average" is interpreted to mean the published index for "Wage Earners and Clerical Workers" then there is no need for the change.
If "all items -- United States city average" is interpreted to mean "all urban consumers" then I am concerned about the fiscal impact of the change although I applaud the idea of bringing the various retirement systems into conformity. While these two indices vary from month to month, and it is accordingly impossible to tell what the exact future fiscal impact will be, I note that the "all urban consumers" index has had a higher rate of growth than "wage earners and clerical workers" index in every year since 1981. The State Retirement System has informed this office that it would cost an additional $600,000 if the all urban consumers index had been used in 1986.
Based on the foregoing two reasons, I am vetoing Section 27.
VETO 274, Part II, Section 34, Page II-011: (Bill: Section 20, Page II-20)
Article III, Section 17 of the South Carolina Constitution requires that every Act or resolution which has the force of law must relate to but one subject.
In the 1985 case of Ex Parte Georgetown County Water and Sewer District, 284 S. C. 466, the South Carolina Supreme Court applied the foregoing requirement of Article III, Section 17, to an appropriations bill passed by the General Assembly. The Court said, "The subject of an appropriations bill is solely to make appropriations to meet the ordinary expenses of state government and to direct the manner in which the funds are to be expended." The Supreme Court indicated that, "The test to be applied to provisions of an appropriations act is whether the challenged legislation reasonably and inherently relates to the raising and spending of tax monies."
Part II, Section 34 amends current law concerning the qualifications for teaching. On its face, this section is not germane to the appropriations bill since it clearly fails to meet the test of whether it "reasonably and inherently relates to the raising and spending of tax monies."
I am, therefore, vetoing Part II, Section 34.
VETO 275, Part II, Section 55, Page II-034: (Bill: Section 39, Page II-68)
Article III, Section 17 of the South Carolina Constitution requires that every Act or resolution which has the force of law must relate to but one subject.
In the 1985 case of Ex Parte Georgetown County Water and Sewer District, 284 S.C. 466, the South Carolina Supreme Court applied the foregoing requirement of Article III, Section 17, to an appropriations bill passed by the General Assembly. The court said, "The subject of an appropriations bill is solely to make appropriations to meet the ordinary expenses of state government and to direct the manner in which the funds are to be expended." The Supreme Court indicated that, "The test to be applied to provisions of an appropriations act is whether the challenged legislation reasonably and inherently relates to the raising and spending of tax monies."
Part II, Section 55 changes the academic requirements for participation in interscholastic activities by students in grades nine through twelve. On its face, this section is not germane to the appropriations Bill since it clearly fails to meet the basic test of whether it "reasonably and inherently relates to the raising and spending of tax monies."
I am, therefore, vetoing Part II, Section 55.
VETO 276, Part II, Section 57, Page II-37: (Bill: Section 41, Pages II-73 through 76)
Article III, Section 17 of the South Carolina Constitution requires that every act or resolution which has the force of law must relate to but one subject.
In the 1985 case of Ex Parte Georgetown County Water and Sewer District, 284 S. C. 466, the South Carolina Supreme Court applied the foregoing requirement of Article III, Section 17, to an appropriations bill passed by the General Assembly. The Court said, "The subject of an appropriations bill is solely to make appropriations to meet the ordinary expenses of state government and to direct the manner in which the funds are to be expended." The Supreme Court indicated that, "The test to be applied to provisions of an appropriations act is whether the challenged legislation reasonably and inherently relates to the raising and spending of tax monies."
Part II, Section 57 relates to conditions for the purchase of a pistol during a 30 day period by individuals, law enforcement agencies or private security companies. On its face, this section is not germane to the appropriations bill since it clearly fails to meet the basic test of whether it reasonably and inherently relates to the raising and spending of tax monies."
I am, therefore, vetoing Part II, Section 57.
From Part One
Veto 277 - Section 67.13, Wildlife and Marine Resources, Page 67-010, Lines 20 through 31, Column 2 (Bill: Section 67.10, Page 67-009, Lines 40 through 44; Page 67-010, Lines 1 through 7)
This proviso requires the S. C. Wildlife and Marine Resources Department to provide written notification of intention to hire wildlife conservation officers, including the individual's name, 10 days prior to hiring, to the Legislative Delegation of the county to which the officer is to be assigned. Further, appropriations made for hiring are specifically conditioned upon compliance with this section. No rationale is given for this requirement which is apparently unique in state government.
Conservation officers are bestowed with the responsibility and authority for policing our fish and game and other environmental laws and regulations. I have a real concern that the proviso gives the appearance that the hiring of these individuals is subject to veto or control by the local delegation. I also object to a precedent being set which gives a local legislative delegation power over executive functions undertaken by a state agency.
For the foregoing reasons, I am vetoing Section 67-13.
Respectfully submitted,
Carroll A. Campbell, Jr.
Governor
Received as information.
VETO 272, - Part II, Section 17, Page II-006: (Bill: Section 9, Pages II-11 through 13)
Because of the delay in rate reduction for corporations in South Carolina in the Tax Conformity Provision (Section 39 of Part II) there will be a substantial revenue increase to the general fund. Although I reluctantly agreed to the phase out of the six percent (6%) rate I did so in the hope that there will be no additional tax burden on our corporate citizens. To agree to this provision which operates as an increase tax on corporations would again send a wrong signal to those potential corporate investors in South Carolina.
Based on the foregoing, I am vetoing this provision.
Rep. TOAL spoke against the Veto.
Rep. T.M. BURRISS spoke in favor of 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:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Barfield Baxley Beasley Bennett Blanding Boan Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R Carnell Chamblee Cooper Dangerfield Day Edwards Elliott Faber Felder Foster Gentry Gilbert Gordon Gregory Harris, J. Harvin Hayes Helmly Hendricks Hodges Holt Huff Johnson, J.C. Jones Kay Koon Lewis Martin, D. Martin, L. Mattos McAbee McBride McElveen McGinnis McLellan McLeod E.B. Nesbitt Ogburn Pearce Pettigrew Petty Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Snow Stoddard Toal Townsend Tucker Washington Whipper White Wilder Williams Winstead
Those who voted in the negative are:
Baker Burriss, M.D. Burriss, T.M. Clyborne Cork Davenport Derrick Evatt Fair Foxworth Harris, P. Haskins Hawkins Hearn Kirsh Klapman Limehouse Lockemy Mappus McCain McEachin Phillips, O. Sharpe Simpson Sturkie Thrailkill Waldrop Wells Wilkins
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Part II, Section 17 Veto #272: I refrained from voting on this matter because of a possible conflict of interest. I am connected with my local bank in an advisory capacity.
Rep. DILL BLACKWELL
Section 86, Tax Commission, Page 86-002, Line 13, Supplies and Materials, (Bill: page 86-002, Line 8) $695,780
Rep. McLELLAN spoke against the Veto.
Rep. HASKINS spoke in favor of the Veto.
Rep. LIMEHOUSE moved to reconsider the vote whereby debate was adjourned on the Conference Report on H. 2742 and the motion was noted.
Rep. LIMEHOUSE spoke in favor of the Veto.
Rep. TOAL moved immediate cloture on the entire matter.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Arthur Bailey, K. Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, J. Carnell Chamblee Cooper Dangerfield Edwards Elliott Faber Foster Gentry Gilbert Gordon Gregory Harris, J. Harris, P. Hayes Helmly Hendricks Hodges Holt Huff Johnson, J.W. Jones Kay Lewis Lockemy Martin, D. Martin, L. Mattos McAbee McBride McElveen McGinnis McLellan McLeod, E.B. McTeer Nesbitt Nettles Pearce Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Taylor Toal Townsend Tucker Washington Whipper White Wilder Williams
Those who voted in the negative are:
Aydlette Bailey, G. Baker Bradley, P. Brown, H. Brown, R. Burriss, M.D. Burriss, T.M. Clyborne Cork Corning Davenport Day Derrick Evatt Fair Felder Ferguson Foxworth Harvin Haskins Hawkins Hearn Kirsh Klapman Koon Limehouse Mappus McCain McEachin Moss Pettigrew Petty Phillips, O. Sharpe Simpson Sturkie Thrailkill Wells Wilkins Winstead
So, having received the necessary vote, immediate cloture was ordered.
Reps. LIMEHOUSE, HASKINS and STURKIE spoke in favor of the Veto.
Rep. T.M. BURRISS moved that the House do now adjourn and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Bradley, P. Burriss, M.D. Burriss, T.M. Clyborne Cork Corning Davenport Day Evatt Foxworth Gregory Haskins Hearn Kay Koon Limehouse Mappus McCain Pettigrew Sharpe Simpson Sturkie Thrailkill Townsend Wells
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, H. Brown, J. Carnell Chamblee Cooper Dangerfield Elliott Faber Ferguson Gentry Gilbert Gordon Harris, J. Harris, P. Harvin Hawkins Hayes Helmly Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Jones Kirsh Lewis Lockemy Martin, D. Martin, L. Mattos McAbee McBride McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Stoddard Taylor Toal Tucker Waldrop Washington Whipper White Wilder Williams Winstead
So, the House refused to adjourn.
Rep. CORNING moved that the House recede until 2:45 P.M.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Baker Burriss, M.D. Burriss, T.M. Clyborne Cork Corning Davenport Evatt Hearn Limehouse Mappus McCain Pettigrew Simpson Thrailkill
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, K. Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, H. Brown, J. Brown, R. Carnell Chamblee Dangerfield Day Derrick Elliott Faber Felder Gentry Gilbert Gordon Gregory Harris, P. Harvin Hayes Helmly Hendricks Hodges Holt Huff Johnson, J.W. Jones Kay Kirsh Martin, D. Martin, L. Mattos McAbee McEachin McElveen McGinnis McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Ogburn Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rudnick Sharpe Sheheen Shelton Stoddard Taylor Toal Townsend Tucker Waldrop Washington Whipper White Wilder Williams
So, the House refused to recede.
Rep. STURKIE continued speaking.
The SPEAKER granted Rep. WASHINGTON a leave of absence for the remainder of the day.
Rep. STURKIE continued speaking.
Rep. M.D. BURRISS moved that the House recur to the morning hour.
Rep. FABER moved to table the motion and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Barfield Baxley Beasley Bennett Blackwell Blanding Brown, J. Brown, R. Carnell Chamblee Clyborne Cooper Dangerfield Day Elliott Faber Felder Ferguson Foster Gentry Gilbert Cordon Gregory Harris, J. Harris, P. Harvin Hayes Helmly Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Kirsh Lewis Lockemy Martin, D. Martin, L. Mattos McAbee McBride McElveen McGinnis McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Taylor Toal Townsend Tucker Waldrop Washington Whipper White Wilder
Those who voted in the negative are:
Baker Bradley, P. Brown, H. Burriss, M.O. Burriss, T.M. Cork Corning Davenport Derrick Evatt Foxworth Haskins Hearn Klapman Limehouse Mappus McCain Sharpe Thrailkill Wells Winstead
So, the motion to table was agreed to.
Rep. McCAIN spoke in favor of the Veto.
Rep. McCAIN continued speaking.
Rep. CORNING moved that the House do now adjourn.
Rep. TOAL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. CORNING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Baker Bradley, P. Brown, H. Burriss, T.M. Carnell Clyborne Corning Davenport Haskins Hawkins Kay Klapman Koon Limehouse Mappus McAbee McCain McEachin Simpson Sturkie Thrailkill Townsend Wells
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Arthur Bailey, K. Barfield Baxley Bennett Blackwell Blanding Boan Brown, G. Brown, J. Brown, R. Burriss, M.D. Chamblee Cooper Cork Dangerfield Derrick Elliott Evatt Faber Felder Foster Gentry Gilbert Harris, J. Harris, P. Harvin Hayes Hearn Helmly Hendricks Hodges Holt Huff Johnson, J.W. Kirsh Lewis Lockemy Martin, D. Martin, L. Mattos McBride McElveen McGinnis McKay McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Pearce Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Snow Stoddard Taylor Toal Tucker Waldrop Washington Whipper White Wilder
So, the House refused to adjourn.
Rep. BAKER moved that the House recede until 3:00 P.M.
Rep. TOAL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Baker Brown, H. Burriss, T.M. Cork Corning Davenport Evatt Foxworth Haskins Koon Limehouse Mappus Pettigrew Simpson Sturkie Thrailkill Wells
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, K. Barfield Baxley Bennett Blackwell Blanding Boan Brown, J. Brown, R. Carnell Chamblee Clyborne Dangerfield Day Derrick Elliott Faber Felder Gentry Gordon Harris, J. Harris, P. Harvin Hayes Helmly Hendricks Hodges Holt Huff Johnson, J.W. Kirsh Lewis Lockemy Martin, D. Martin, L. Mattos McAbee McBride McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Pearce Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Taylor Toal Townsend Tucker Waldrop Washington Whipper White Wilder Williams
So, the House refused to recede until 3:00 P.M.
Rep. McCAIN continued speaking.
Rep. BAKER spoke in favor of the Veto.
The SPEAKER Pro Tempore granted Rep. DAY a leave of absence for the remainder of the day due to a medical appointment.
Rep. BAKER continued speaking.
Rep. SIMPSON was recognized.
Rep. CORNING moved that the House do now adjourn.
Rep. TOAL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. CORNING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Bradley, P. Brown, H. Burriss, T.M. Carnell Cork Corning Davenport Derrick Evatt Foxworth Gregory Haskins Hawkins Hendricks Kay Klapman Koon Mappus McAbee McCain McEachin Pettigrew Simpson Sturkie Thrailkill Townsend
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Barfield Baxley Bennett Blackwell Blanding Boan Brown, G. Brown, J. Brown, R. Chamblee Clyborne Cooper Dangerfield Faber Felder Gentry Gilbert Gordon Harris, J. Harris, P. Harvin Hayes Helmly Hodges Holt Huff Johnson, J.C. Johnson, J.W. Kirsh Lockemy Martin, D. Martin, L. Mattos McBride McElveen McGinnis McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Pearce Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Stoddard Taylor Toal Tucker Waldrop Whipper White Wilder Williams
So, the House refused to adjourn.
Rep. CORK moved that the House recede until 5:00 P.M. and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Baker Bradley, P. Brown, H. Burriss, M.D. Burriss, T.M. Clyborne Cork Corning Davenport Evatt Foxworth Haskins Hawkins Hearn Kay Klapman Koon Limehouse Mappus McAbee McCain McEachin Pettigrew Simpson Sturkie Thrailkill Townsend
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, K. Barfield Baxley Bennett Blackwell Blanding Boan Brown, G. Brown, J. Brown, R. Chamblee Cooper Dangerfield Derrick Elliott Faber Felder Gentry Gilbert Cordon Gregory Harris, J. Harris, P. Harvin Hayes Helmly Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Jones Kirsh Lewis Lockemy Martin, D. Martin, L. Mattos McBride McElveen McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Pearce Phillips, L. Phillips, O. Rhoad Rice Rogers, T. Rudnick Sheheen Shelton Short Snow Stoddard Taylor Toal Tucker Waldrop Whipper White Wilder Williams Winstead
So, the House refused to recede.
Rep. SIMPSON spoke in favor of the Veto.
Rep. SIMPSON continued speaking.
Rep. FOXWORTH spoke against the Veto.
Rep. TOAL inquired, once cloture is ordered and a member announces to the SPEAKER that he is for or against the question before the body, how that member is recorded in the Journal.
The SPEAKER stated each member is recorded in accordance with the position he stated prior to taking the podium.
Rep. TOAL then inquired whether that statement entails a responsibility to vote in accordance with the position.
The SPEAKER stated that each member's vote is based on his or her integrity.
Rep. TOAL moved to continue the Veto.
Rep. LIMEHOUSE moved that the House do now adjourn.
Rep. TOAL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. LIMEHOUSE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Bradley, P. Brown, H. Burriss, M.D. Burriss, T.M. Carnell Clyborne Cork Corning Davenport Evatt Fair Foxworth Haskins Hawkins Hearn Kay Klapman Koon Limehouse Mappus McAbee McCain McEachin Pettigrew Sharpe Simpson Sturkie Thrailkill Townsend Wells
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, K. Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, J. Brown, R. Chamblee Cooper Dangerfield Derrick Edwards Elliott Faber Felder Ferguson Foster Gentry Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Hayes Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Jones Kirsh Lewis Lockemy Martin, D. Martin, L. Mattos McBride McElveen McGinnis McKay McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Snow Stoddard Taylor Toal Tucker Waldrop Whipper White Wilder Williams
So, the House refused to adjourn.
Rep. BAKER moved that the House recede until 3:45 P.M.
Rep. TOAL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Bradley, P. Brown, H. Burriss, M.D. Burriss, T.M. Clyborne Cork Corning Davenport Evatt Foxworth Haskins Hearn Koon Limehouse Mappus McCain Pettigrew Simpson Sturkie Thrailkill Wells
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, K. Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, J. Brown, R. Carnell Chamblee Cooper Dangerfield Edwards Elliott Faber Ferguson Foster Gentry Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Hayes Hendricks Hodges Holt Johnson, J.C. Johnson, J.W. Jones Kay Kirsh Lewis Lockemy Martin, D. Martin, L. Mattos McAbee McBride McEachin McElveen McGinnis McLellan McLeod, E.B. McTeer Neilson Nesbitt Nettles Pearce Petty Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Snow Stoddard Taylor Toal Townsend Tucker Whipper White Wilder Williams
So, the House refused to recede.
Rep. HASKINS raised the Point of Order that the motion to continue was out of order as the Veto had been set for Special Order.
The SPEAKER overruled the Point of Order.
Rep. LIMEHOUSE raised the Point of Order that the motion to continue the Veto was out of order as it was part of a package that had been set for Special Order, and therefore the entire package would have to be continued, not just one item.
The SPEAKER stated that the Constitution mandates that each line item veto be considered as a separate entity, with a separate vote on each item recorded in Journal, therefore he overruled the Point of Order.
The question then recurred to the motion to continue Veto No. 259.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, K. Barfield Baxley Beasley Blackwell Blanding Boan Brown, J. Chamblee Dangerfield Edwards Elliott Faber Felder Ferguson Foster Gentry Gordon Gregory Harris, J. Harvin Hayes Helmly Hendricks Hodges Holt Huff Johnson, J.W. Jones Kirsh Lewis Lockemy Martin, D. Martin, L. Mattos McAbee McBride McElveen McGinnis McLellan McLeod, E.B. McTeer Nesbitt Nettles Ogburn Pearce Petty Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Stoddard Taylor Toal Townsend Tucker Waldrop Whipper White Wilder Williams
Those who voted in the negative are:
Baker Bradley, P. Brown, H. Burriss, M.D. Burriss, T.M. Carnell Clyborne Cooper Cork Corning Davenport Derrick Evatt Fair Foxworth Harris, P. Haskins Hearn Johnson, J.C. Kay Klapman Koon Limehouse Mappus McCain McEachin Moss Neilson Pettigrew Sharpe Simpson Sturkie Thrailkill Wells
So, Veto No. 259 was continued.
Section 86, Tax Commission, Page 86-002, Line 31, Fixed Charges and Contributions, (Bill: page 86-002, Line 26) $302,000
As a general principle I agree that enhancing our ability to collect revenue efficiently is a wise investment of the State's resources. The House approved 20 new positions for this effort, but the Senate included an additional 46 new employees. I believe that this large an increase is not justified in a tight budget year. After deducting the amount that I have vetoed, the Commission still retains an increase of $2,269,006 over the current years spending, an increase of 8.1 percent.
Rep. LIMEHOUSE raised the Point of Order that the question before the House was the motion to reconsider whereby debate was adjourned on the conference committee report on H. 2742, which motion had been noted previously.
The SPEAKER sustained the Point of Order.
The motion of Rep. LIMEHOUSE to reconsider the vote whereby debate was adjourned on the Conference Report on H. 2742 was taken up.
Rep. TOAL moved to table the motion to reconsider.
Rep. LIMEHOUSE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Barfield Baxley Beasley Blackwell Blanding Boan Brown, J. Chamblee Cooper Edwards Elliott Faber Felder Ferguson Foster Gentry Gordon Gregory Harris, J. Harris, P. Harvin Hayes Hendricks Hodges Johnson, J.C. Johnson, J.W. Jones Kay Lewis Limehouse Lockemy Martin, D. Martin, L. Mattos McAbee McBride McGinnis McLellan McLeod, E.B. McTeer Nesbitt Nettles Ogburn Pearce Petty Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Snow Stoddard Taylor Toal Townsend Tucker Whipper White Wilder Williams
Those who voted in the negative are:
Baker Bennett Bradley, P. Brown, H. Burriss, M.D. Burriss, T.M. Carnell Clyborne Cork Corning Davenport Derrick Evatt Fair Foxworth Haskins Hearn Klapman Koon Mappus McCain McEachin Moss Neilson Pettigrew Sharpe Simpson Sturkie Thrailkill Wells Winstead
So, the motion to reconsider was tabled.
Debate was resumed on Veto No. 260.
Rep. TOAL moved to continue the Veto.
Rep. LEWIS demanded the yeas and nays, which were e taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Barfield Baxley Beasley Blackwell Blanding Boan Brown, J. Chamblee Dangerfield Edwards Elliott Faber Felder Ferguson Foster Gentry Gordon Gregory Harris, J. Harris, P. Harvin Hayes Helmly Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Lewis Lockemy Martin, D. Martin, L. Mattos McAbee McBride McElveen McGinnis McLellan McLeod, E.B. McTeer Nettles Ogburn Pearce Petty Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Snow Stoddard Taylor Toal Townsend Tucker Waldrop Whipper White Wilder Williams
Those who voted in the negative are:
Baker Bradley, P. Brown, H. Brown, R. Burriss, M.D. Burriss, T.M. Carnell Clyborne Cooper Cork Corning Davenport Derrick Evatt Fair Foxworth Haskins Hearn Klapman Koon Limehouse Mappus McCain McEachin Moss Neilson Pettigrew Sharpe Simpson Sturkie Thrailkill Wells Winstead
So, Veto No. 260 was continued.
Section 30, State Education Department, Page 30-003, Line 39, Supplies and Materials, (Bill: Page 30-003, Line 27) $4,218,974
Rep. TOAL moved immediate cloture on the entire matter.
Rep. LEWIS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Barfield Baxley Beasley Blackwell Blanding Boan Brown, G. Brown, J. Brown, R. Chamblee Cooper Dangerfield Edwards Elliott Faber Ferguson Foster Gentry Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Hayes Helmly Hendricks Hodges Holt Huff Johnson, J.W. Jones Kay Lewis Lockemy Martin, D. Martin, L. Mattos McAbee McBride McElveen McGinnis McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Pearce Petty Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Snow Stoddard Taylor Toal Townsend Tucker Waldrop Whipper White Wilder Williams
Those who voted in the negative are:
Aydlette Baker Bradley, P. Brown, H. Burriss, M.D. Burriss, T.M. Carnell Clyborne Cork Corning Davenport Derrick Evatt Fair Felder Foxworth Haskins Hearn Kirsh Klapman Koon Mappus McCain McEachin Ogburn Pettigrew Phillips, O. Sharpe Simpson Sturkie Thrailkill Wells Winstead
So, immediate cloture was ordered.
Rep. MAPPUS moved to continue the Veto.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Bradley, P. Brown, H. Burriss, M.D. Burriss, T.M. Carnell Cork Davenport Derrick Evatt Foxworth Haskins Hawkins Hearn Klapman Koon Limehouse Mappus McCain McEachin Ogburn Petty Phillips, O. Sharpe Simpson Sturkie Thrailkill Wells Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, K. Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, J. Chamblee Clyborne Cooper Dangerfield Edwards Elliott Faber Felder Ferguson Foster Gentry Gordon Harris, J. Harris, P. Harvin Hayes Helmly Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Lewis Lockemy Martin, D. Martin, L. Mattos McAbee McBride McElveen McGinnis McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Snow Taylor Toal Townsend Tucker Waldrop Whipper White Wilder Williams
So, the House refused to continue the Veto. Rep. FOXWORTH spoke in favor of the Veto.
Rep. P. BRADLEY moved to reconsider the vote whereby Veto No. 272 was overridden.
Rep. TOAL raised the Point of Order that the motion to reconsider the vote whereby the veto item was overridden was out of order as the veto item had already been sent to the Senate, and was no longer in the possession of the House.
The SPEAKER sustained the Point of Order.
Rep. LIMEHOUSE inquired how the veto could have been sent to the Senate when the House was still debating the Bill.
The SPEAKER stated that, in accordance with the Constitution, each line item veto is considered a separate entity, therefore it was in order to send each item separately as the House completed work on them.
Rep. BAKER moved that the House do now adjourn.
Rep. TOAL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. FOXWORTH continued speaking.
Rep. CORNING moved that the House do now adjourn.
Rep. LEWIS raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. BAKER moved that the House do now adjourn.
Rep. TOAL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Brown, H. Burriss, M.D. Burriss, T.M. Carnell Cork Corning Davenport Evatt Felder Foxworth Gordon Haskins Hawkins Hearn Koon Limehouse Mappus McAbee McCain McEachin Pettigrew Simpson Sturkie Thrailkill Wells
Those who voted in the negative are:
Alexander, T.C. Altman Arthur Bailey, K. Barfield Baxley Beasley Blackwell Blanding Boan Brown, J. Brown, R. Chamblee Cooper Dangerfield Edwards Elliott Faber Foster Gentry Gilbert Harris, J. Harris, P. Harvin Hayes Hodges Huff Johnson, J.C. Johnson, J.W. Jones Kay Kirsh Lewis Lockemy Martin, D. Martin, L. Mattos McBride McElveen McGinnis McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Snow Taylor Toal Townsend Tucker Waldrop Whipper White Wilder Williams
So, the House refused to adjourn.
Rep. EVATT moved that the House recede until 4:55 P.M.
Rep. TOAL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. HEARN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Baker Bradley, P. Brown, H. Burriss, M.D. Burriss, T.M. Carnell Davenport Foxworth Hawkins Hearn Klapman Koon Limehouse Mappus McAbee McCain McEachin Pettigrew Simpson Sturkie Wells Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, K. Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, J. Chamblee Cooper Dangerfield Derrick Edwards Elliott Faber Felder Ferguson Foster Gentry Gilbert Gordon Harris, J. Harris, P. Harvin Hayes Hodges Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Kirsh Lewis Lockemy Martin, D. Martin, L. Mattos McBride McElveen McGinnis McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Snow Taylor Toal Townsend Tucker Waldrop Whipper White Wilder Williams
So, the House refused to recede.
Rep. LIMEHOUSE moved that the House do now adjourn
Rep. TOAL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. FOXWORTH continued speaking.
Rep. TOAL raised the Point of Order that, under Rule 3.6, the member speaking must refrain from all personalities and confine himself to the question under consideration.
The SPEAKER cautioned the member to confine his remarks to the question before the House.
Rep. FOXWORTH continued speaking.
Rep. TOAL spoke against the Veto.
Rep. FOXWORTH raised the Point of Order that, under Rule 3.6, the member speaking must refrain from all personalities and confine herself to the question under consideration.
The SPEAKER cautioned the member to confine her remarks to the question before the House.
Rep. TOAL continued speaking.
Rep. CORNING moved that the House do now adjourn.
Rep. HUFF raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. CORNING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Burriss, M.D. Burriss, T.M. Cork Evatt Haskins Hearn Koon Limehouse Mappus McCain McEachin Pettigrew Simpson Sturkie Thrailkill Wells
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, K. Barfield Baxley Beasley Blackwell Blanding Boan Bradley, P. Brown, C. Brown, H. Brown, J. Brown, R. Carnell Chamblee Cooper Dangerfield Edwards Elliott Faber Ferguson Foster Gentry Gilbert Gordon Harris, J. Harris, P. Harvin Hayes Hodges Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Kirsh Klapman Lewis Lockemy Martin, D. Martin, L. Mattos McAbee McElveen McGinnis McKay McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Snow Toal Townsend Tucker Waldrop Wilder Williams
So, the House refused to adjourn.
Rep. HEARN moved that the House recede until 4:30 P.M.
Rep. HUFF raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. HEARN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Burriss, M.D. Burriss, T.M. Carnell Haskins Hearn Jones Klapman Koon Limehouse Mappus McCain McEachin Pettigrew Sharpe Simpson Sturkie Thrailkill Wells
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, K. Baxley Beasley Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Chamblee Cooper Dangerfield Derrick Edwards Faber Felder Ferguson Foster Gentry Gilbert Gordon Harris, J. Harris, P. Harvin Hayes Hodges Holt Huff Johnson, J.C. Johnson, J.W. Kay Kirsh Martin, D. Martin, L. Mattos McAbee McBride McGinnis McLellan McLeod, E.B. Moss Neilson Nesbitt Nettles Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Snow Stoddard Taylor Toal Townsend Tucker Waldrop White Wilder Williams
So, the House refused to recede.
Rep. HEARN spoke in favor of the Veto.
Further proceedings were interrupted by a communication, the pending question being consideration of Veto No. 128.
The following was received.
June 25, 1987
The Honorable Robert J. Sheheen
Speaker, House of Representatives
508 Blatt Building
Columbia, South Carolina 29201
Dear Mr. Speaker:
The South Carolina House of Representatives has been a large part of my life. I have served the people of District 35 in Spartanburg County since 1975 in this Body, and today as I leave it I am more convinced than ever that the legislative process in South Carolina serves the people of our state in an exemplary manner. I am proud to have been a part of that process for so many years.
I will join the staff of our distinguished Governor Carroll A. Campbell, Jr. on July 1, 1987, and I therefore resign as the Representative from District 35 on June 29, 1987.
Thank you for your leadership, advice, counsel, and particularly your friendship through the years. You are a most capable Speaker, and I will take continued pride in working with you in my new position.
With best personal regards,
Sincerely,
David O. Hawkins
Received as information.
The following was introduced:
H. 3278 -- Reps. Edwards, Davenport, Ferguson, McGinnis, Petty, Wells, M.O. Alexander, T.C. Alexander, Altman, Arthur, Aydlette, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, J. Bradley, P. Bradley, G. Brown, H. Brown, J. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cooper, Cork, Corning, Dangerfield, Day, Derrick, Elliott, Evatt, Faber, Fair, Felder, Foster, Foxworth, Gentry, Gilbert, Gordon, Gregory, J. Harris, P. Harris, Harvin, Haskins, Hayes, Hearn, Helmly, Hendricks, Hodges, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lewis, Limehouse, Lockemy, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McKay, McLellan, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Ogburn, Pearce, Pettigrew, L. Phillips, O. Phillips, Rhoad, Rice, J. Rogers, T. Rogers, Rudnick, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, Whipper, White, Wilder, Wilkins, Williams and Winstead: A HOUSE RESOLUTION COMMENDING OUR VERY GOOD FRIEND AND COLLEAGUE, THE HONORABLE DAVID O. HAWKINS OF SPARTANBURG COUNTY, FOR HIS OUTSTANDING AND DEDICATED PUBLIC SERVICE AND WISHING HIM WELL IN HIS NEW ENDEAVOR.
The Resolution was adopted.
Rep. HAWKINS made a statement relative to his resignation.
The following was received.
Columbia, S.C., June 25, 1987
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 4:15 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. TOAL the invitation was accepted.
At 4:15 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified.
(R289) S. 690 -- Senator Hayes: AN ACT TO PROVIDE FOR THE LEVY AND COLLECTION OF SCHOOL TAXES IN YORK COUNTY AND TO PROVIDE FOR THE DISTRIBUTION OF THE REVENUE FROM THE TAX.
(R290) S. 807 -- Senator Hinson: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM TO BE HELD FOR THE REGISTERED ELECTORS OF LANCASTER COUNTY RESIDING WITHIN THE GEOGRAPHICAL AREA COMPRISING THE LANCASTER COUNTY SCHOOL DISTRICT ON QUESTIONS CONCERNING THE COMPOSITION OF THE SCHOOL BOARD ORGANIZATION OF THE LANCASTER COUNTY SCHOOL DISTRICT AND THE CHIEF ADMINISTRATIVE OFFICER OF THE LANCASTER COUNTY DISTRICT BOARD OF TRUSTEES, AND TO PROVIDE FOR RELATED MATTERS REGARDING THE REFERENDUM.
(R291) H. 2085 -- Reps. J. Rogers, J. Harris, Beasley, R. Brown, McElveen, Limehouse, Neilson, J. Brown, Hayes, J.H. Burriss, McGinnis, Winstead, Davenport, Keyserling, Wells, J. Bradley, Day, Shelton, Nettles, T. Rogers, Russell, Sharpe, Wilder and McBride: AN ACT TO AMEND SECTIONS 12-21-2590, 12-21-2600, AND 12-21-2620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO BINGO LICENSE FEES, ADMISSIONS TAXES, AND THE DISPOSITION OF THE REVENUE THEREFROM, SO AS TO INCREASE THE FEES AND APPLICABLE ADMISSIONS TAX FOR CLASS A AND B LICENSES AND TO ESTABLISH A CLASS AA LICENSE AT A FEE OF FOUR THOUSAND DOLLARS FOR OPERATORS OF BINGO GAMES WITH PRIZES IN EXCESS OF THIRTY THOUSAND DOLLARS A SESSION AND TO PROVIDE FOR AN ADMISSIONS TAX OF EIGHT DOLLARS A BINGO PLAYER A SESSION FOR ADMISSION TO BINGO GAMES CONDUCTED BY THE HOLDERS OF AA LICENSES, TO PROVIDE THAT FIFTY PERCENT OF BINGO LICENSE AND ADMISSIONS TAX REVENUES MUST BE DEPOSITED IN THE GENERAL FUND OF THE STATE, THIRTY-SEVEN AND ONE-HALF PERCENT TO THE CREDIT OF A SEPARATE PARKS AND RECREATION DEVELOPMENT FUND AND TWELVE AND ONE-HALF PERCENT TO THE CREDIT OF THE SOUTH CAROLINA COMMISSION ON AGING, TO PROVIDE FOR THE DISTRIBUTION OF THE REVENUES CREDITED TO THE SOUTH CAROLINA COMMISSION ON AGING AND FOR THE OPERATION OF THE PARKS AND RECREATION FUND, TO AMEND THE 1976 CODE BY ADDING CHAPTER 23 TO TITLE 51 SO AS TO PROVIDE FOR A NONCOMPETITIVE PROGRAM OF GRANTS FOR LOCAL PARKS AND RECREATION DEVELOPMENT, PROVIDE DEFINITIONS, AND ESTABLISH A DISTRIBUTION FORMULA, TO AMEND THE 1976 CODE BY ADDING SECTION 52-17-70 SO AS TO REQUIRE ANY PERSON LICENSED TO CONDUCT THE GAME OF BINGO TO FILE MONTHLY REPORTS WITH THE SECRETARY OF STATE, TO PROHIBIT THE LICENSING OF MANAGEMENT COMPANIES AND PROVIDE PENALTIES FOR VIOLATIONS, TO REQUIRE BINGO GAME PROFITS TO BE USED FOR THE CHARITABLE, RELIGIOUS, OR FRATERNAL PURPOSES OF THE SPONSORING ORGANIZATION, TO REQUIRE ALL AA, A, AND B CLASS LICENSEES TO SUBMIT AN ANNUAL FINANCIAL STATEMENT TO THE TAX COMMISSION, TO PROHIBIT ANY PERSON CONVICTED OF AN OFFENSE UNDER TITLE 16 OF THE 1976 CODE FROM HAVING A FINANCIAL INTEREST IN, BEING EMPLOYED BY, OR IN ANY WAY PARTICIPATING IN ANY BINGO GAME, AND TO PROVIDE A SPECIAL DISTRIBUTION FORMULA FOR BINGO LICENSE FEE AND ADMISSIONS TAX REVENUES FOR FISCAL YEAR 1987-88 ONLY.
(R292) H. 2949 -- Rep. Pearce: AN ACT TO AMEND SECTION 39-41-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF ETHYL OR METHYL ALCOHOL SOLD FOR FUEL OR PRODUCTION OF GASOHOL, SO AS TO REVISE THE DEFINITION OF GASOHOL, PROVIDE FOR THE PRODUCTION OF MOTOR FUEL, AND PROVIDE FOR THE AUTHORITY OF THE DEPARTMENT OF AGRICULTURE IN LIMITING OXYGENATES; AND TO AMEND SECTION 56-3-620, RELATING TO MOTOR VEHICLE REGISTRATION FEES, SO AS TO REDUCE THE FEE FOR PERSONS UNDER THE ACE OF SIXTY-FIVE YEARS FOR PRIVATE PASSENGER-CARRYING VEHICLES FROM SEVENTEEN TO TWELVE DOLLARS, TO REDUCE THE LICENSE FEE FOR PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER FROM TWELVE TO TEN DOLLARS AND TO REESTABLISH THE ANNUAL REGISTRATION FEE FOR PROPERTY-CARRYING VEHICLES WITH A GROSS WEIGHT OF FIVE THOUSAND POUNDS OR LESS TO FIFTEEN DOLLARS FOR PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER.
(R293) H. 2700 -- Reps. Limehouse and Day: AN ACT TO AUTHORIZE THE BOARDS OF TRUSTEES OF ALL SCHOOL DISTRICTS IN DORCHESTER COUNTY TO PREPARE BUDGETS FOR GENERAL SCHOOL PURPOSES FOR THE 1987-88 SCHOOL YEAR AND FOR ALL SCHOOL YEARS THEREAFTER TO BE SUBMITTED TO THE DORCHESTER COUNTY COUNCIL, TO AUTHORIZE THE COUNTY COUNCIL TO SET THE NECESSARY TAX MILLAGE AFTER APPROVAL OF THE BUDGETS, TO PROVIDE THAT THIS AUTHORITY OF THE COUNTY COUNCIL MAY NOT BE DELEGATED TO ANY OTHER ENTITY, TO PROVIDE THAT FOR THE SCHOOL YEAR 1987-88 CERTAIN REQUIREMENTS MUST BE MET IN THESE BUDGETS, AND TO PROVIDE CERTAIN REQUIREMENTS FOR SETTING THE TAX MILLAGE FOR DORCHESTER COUNTY SCHOOL DISTRICTS NO. 2 AND NO. 4 FOR EACH SCHOOL YEAR AFTER 1987-88.
At 4:25 P.M. the House resumed, the SPEAKER in the chair.
Rep. CORK moved that the House recur to the morning hour.
Rep. L. MARTIN raised the Point of Order that the motion to recur to the morning hour was out of order as immediate cloture had been ordered.
The SPEAKER sustained the Point of Order.
Rep. STURKIE moved that the House do now adjourn.
Rep. HUFF raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Bradley, P. Burriss, M.D. Burriss, T.M. Carnell Clyborne Cork Davenport Evatt Fair Foxworth Haskins Hearn Koon Limehouse Mappus McAbee McCain McEachin Pettigrew Simpson Sturkie Thrailkill Wells
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Arthur Bailey, K. Barfield Baxley Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Chamblee Cooper Dangerfield Derrick Edwards Elliott Faber Felder Gentry Gilbert Harris, J. Harris, P. Harvin Hayes Helmly Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Kirsh Klapman Lewis Martin, D. Martin, L. Mattos McBride McElveen McGinnis McLellan McLeod, E.B. Moss Neilson Nesbitt Nettles Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, T. Rudnick Sheheen Shelton Short Stoddard Taylor Toal Tucker Whipper White Wilder Williams
So, the House refused to adjourn.
Rep. PETTIGREW moved that the House recede until 4:45 and demanded the yeas and nays, which were not ordered.
So, the House refused to recede by a division vote of 21 to 56.
Debate was resumed on Veto No. 128, the pending question being the consideration of the Veto.
Rep. SHARPE spoke in favor of the Veto.
Further proceedings were interrupted by a message form the Senate, the pending question being consideration of the Veto, Rep. SHARPE having the floor.
The following was received.
Columbia, S.C., June 25, 1987
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 4:40 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
The invitation was not accepted.
Rep. FELDER moved to reconsider the vote whereby the House did not accept the invitation, which was agreed to.
The invitation was then accepted.
The following was received.
Columbia, S.C., June 25, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the report of the Committee of Conference on S. 392, having been adopted by both Houses, has ordered the Bill Enrolled for Ratification.
S. 392 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-56 SO AS TO DESIGNATE SPOTTED SEA TROUT AND RED DRUM AS GAME FISH, TO REGULATE THEIR TAKING AND SALE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Very respectfully,
President
No. 24
Received as information.
The following was received.
Columbia, S.C., June 25, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has sustained the Governor's veto on R. 234, S. 587 by a vote of 46-0:
(R234) S. 587 -- Banking and Insurance Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-37-325 SO AS TO PROVIDE FOR THE PROMULGATION OR APPROVAL OF AUTOMOBILE INSURANCE CREDIT OR DISCOUNT PLANS BY THE CHIEF INSURANCE COMMISSIONER.
Very respectfully,
President of the Senate
Received as information.
The following was received.
Columbia, S.C., June 25, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Governor's veto on R. 196, H. 3092 by a vote of 46-0:
(R196) H. 3092 -- Reps. Lockemy, J. Rogers and J.W. McLeod: A JOINT RESOLUTION TO PROHIBIT DEER HUNTING IN A DESIGNATED AREA OF DILLON AND MARLBORO COUNTIES FROM SEPTEMBER 15, 1987, THROUGH JANUARY 1, 1993.
Very respectfully,
President of the Senate
No. 740
Received as information.
The following was received.
Columbia, S.C., June 25, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Governor's veto on R. 197, H. 2792, by a vote of 46-0:
(R197) H. 2792 -- Reps. Lockemy and J.W. McLeod: AN ACT TO TRANSFER THE ASSETS OF THE DILLON COUNTY HISTORIC PRESERVATION COMMISSION TO THE DILLON COUNTY THEATER ASSOCIATION AND TO REPEAL ACT 1027 OF 1966 RELATING TO THE CREATION OF THE DILLON COUNTY HISTORIC PRESERVATION COMMISSION.
Very respectfully,
President of the Senate
No. 739
Received as information.
The following was received.
Columbia, S.C., June 25, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Governor's veto on R. 242, H. 3162 by a vote of 46-0:
(R242) H. 3162 -- Reps. Helmly and H. Brown: AN ACT TO REPEAL ACT 187 OF 1971 RELATING TO THE LOWER BERKELEY SECONDARY TREATMENT AUTHORITY.
Very respectfully,
President
No. 742
Received as information.
The following was received.
Columbia, S. C., June 25, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3196:
H. 3196 -- Rep. G. Bailey: A BILL TO AMEND ACT 536 OF 1986, RELATING TO DORCHESTER COUNTY SCHOOL DISTRICT NO. 4 AND OTHER SCHOOL MATTERS OF THE COUNTY, SO AS TO ESTABLISH FIVE EQUALLY APPORTIONED SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH FIVE MEMBERS OF THE BOARD OF TRUSTEES OF DORCHESTER COUNTY SCHOOL DISTRICT NO. 4 MUST BE ELECTED IN 1988.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Debate was resumed on the following Veto, the pending question being the consideration of the Veto, Rep. SHARPE having the floor.
Rep. SHARPE continued speaking.
Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Veto No. 128, Rep. SHARPE having the floor.
At 4:40 P.M. the House attended in the Senate Chamber, where the following Acts were duly ratified.
(R294) S. 392 -- Senator Waddell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-56 SO AS TO DESIGNATE SPOTTED SEA TROUT AND RED DRUM AS GAME FISH, TO REGULATE THEIR TAKING AND SALE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
(R295) H. 3261 -- Rep. McAbee: AN ACT TO AMEND SECTION 7-7-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN MCCORMICK COUNTY, SO AS TO REDESIGNATE AND NUMBER THE PRECINCTS, ELIMINATE REFERENCES TO VOTING PLACES, AND PROVIDE FOR THE DESIGNATION OF POLLING PLACES.
(R296) H. 3196 -- Rep. G. Bailey: AN ACT TO AMEND ACT 536 OF 1986, RELATING TO DORCHESTER COUNTY SCHOOL DISTRICT NO. 4 AND OTHER SCHOOL MATTERS OF THE COUNTY, SO AS TO ESTABLISH FIVE EQUALLY APPORTIONED SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH FIVE MEMBERS OF THE BOARD OF TRUSTEES OF DORCHESTER COUNTY SCHOOL DISTRICT NO. 4 MUST BE ELECTED IN 1988; AND TO ABOLISH THE DORCHESTER COUNTY BOARD AND DEVOLVE ITS DUTIES AND RESPONSIBILITIES UPON THE BOARD OF TRUSTEES OF THE COUNTY SCHOOL DISTRICTS.
At 4:45 P.M. the House resumed, the SPEAKER in the chair.
The SPEAKER appointed Reps. J. ROGERS, WILKINS and TOAL as a committee to notify the Senate that the House had gone as far as possible in completing its work, and pursuant to S. 860, the Sine Die Adjournment Resolution, the House was ready to adjourn Sine Die.
The SPEAKER appointed Reps. BLANDING, BEASLEY and T. M. BURRISS as a committee to notify the Governor that the House had gone as far as possible in completing its work, and pursuant to S. 860, the Sine Die Adjournment Resolution, the House was ready to adjourn Sine Die.
The Senate returned to the House with amendments the following:
H. 2804 -- Reps. J. Bradley, Aydlette, Dangerfield, Foxworth, Holt, Kohn, Mappus, D. Martin, Washington, Whipper and Winstead: A CONCURRENT RESOLUTION TO INVITE THE MEMBERS OF THE GENERAL ASSEMBLY TO HOLD A JOINT SESSION IN CHARLESTON ON MONDAY, MAY 23, 1988, TO CELEBRATE THE BICENTENNIAL OF THE CONSTITUTION OF THE UNITED STATES AND TO INVITE THE MEMBERS OF THE GENERAL ASSEMBLY TO VISIT IN CHARLESTON ON THE PRECEDING WEEKEND BEGINNING ON SATURDAY, MAY 21, 1988.
Whereas, in 1987, America celebrates the bicentennial of the Constitution of the United States, a document that a British prime minister, William Gladstone, once called "the greatest document ever struck off by the hand and mind of man"; and
Whereas, the Constitution was submitted by resolution of the Constitutional Convention on September 17, 1787. It became effective on March 4, 1789, the day fixed for commencement of the operations of the government, by virtue of its ratification by the conventions of eleven states; and
Whereas, celebrations during this two-year period throughout the United States will be held commemorating this significant occasion; and
Whereas, the Charleston County Legislative Delegation would like to invite the General Assembly to hold a joint session in Charleston to honor and celebrate the bicentennial of the Constitution on Monday, May 23, 1988, at an appropriate location to be designated by the Charleston County Legislative Delegation and to visit in Charleston on the preceding weekend beginning on Saturday, May 21, 1988. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly designate Monday, May 23, 1988 as a statewide session day, with the General Assembly to meet in joint session to be held in Charleston, South Carolina for the purpose of celebrating the bicentennial of the Constitution of the United States.
Be it Further Resolved, that the General Assembly is authorized to continue in session after 5:00 p.m. on June 25, 1987 for the same purposes as enumerated in Senate Resolution S. 860 and that when it adjourns on the legislative day of June 25, 1987, it shall stand adjourned Sine Die.
Rep. HASKINS raised the Point of Order that consideration of the Resolution was out of order as there was no provision in S. 860 (Sine Die Resolution) for receipt of Resolutions.
The SPEAKER stated that section (f) of S. 860 allowed for the concurrence or non-concurrence of matters passed by the other House, the Resolution had been amended by the Senate, therefore it was in compliance with S. 860, and he overruled the Point.
Rep. LIMEHOUSE moved that the House recede until 4:59 P.M.
Rep. TOAL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Bailey, G. Baker Bradley, P. Brown, H. Burriss, M.D. Burriss, T.M. Carnell Clyborne Cork Corning Davenport Evatt Foxworth Haskins Hawkins Hearn Kirsh Koon Limehouse Mappus McCain McEachin Pettigrew Sharpe Simpson Sturkie Thrailkill Wells Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, K. Barfield Baxley Beasley Blackwell Blanding Boan Brown, G. Brown, J. Brown, R. Chamblee Cooper Derrick Edwards Elliott Faber Felder Gentry Gilbert Harris, J. Harris, P. Harvin Hayes Helmly Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Jones Kay Lewis Lockemy Martin, D. Martin, L. Mattos McAbee McBride McElveen McGinnis McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Snow Stoddard Toal Townsend Tucker Waldrop Whipper White Wilder Williams
So, the House refused to recede.
Rep. LIMEHOUSE moved that the House do now adjourn.
Rep. TOAL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. LIMEHOUSE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Bradley, P. Burriss, M.D. Carnell Cork Davenport Evatt Foxworth Haskins Hawkins Hearn Hendricks Kay Kirsh Klapman Koon Limehouse Mappus McAbee McCain McEachin Pettigrew Simpson Sturkie Thrailkill Townsend Wells Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, K. Barfield Baxley Beasley Blackwell Blanding Boan Brown, G. Brown, N. Brown, J. Brown, R. Chamblee Clyborne Cooper Derrick Edwards Elliott Faber Felder Ferguson Gentry Gilbert Harris, J. Harris, P. Harvin Hayes Helmly Hodges Huff Johnson, J.C. Johnson, J.W. Jones Lewis Lockemy Martin, D. Martin, L. Mattos McBride McElveen McGinnis McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Stoddard Taylor Toal Tucker Whipper White Wilder Williams
So, the House refused to adjourn.
Rep. KLAPMAN spoke against the Senate amendment.
Rep. KLAPMAN continued speaking.
Rep. KLAPMAN continued speaking.
Rep. HAWKINS raised the Point of Order that it was now 5:00 p.m., and in accordance with S.860 (Sine Die Resolution), the House was now adjourned Sine Die.
The SPEAKER sustained the Point of Order.
Further proceedings were interrupted by Sine Die adjournment, the pending question being consideration of Senate Amendments.
The Senate returned to the House with concurrence the following:
H. 3262 -- Rep. Rudnick: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF VIRGINIA R. ERGLE, REGISTER OF MESNE CONVEYANCE OF AIKEN COUNTY, AND EXTENDING DEEPEST SYMPATHY TO HER FAMILY.
H. 3263 -- Rep. Rudnick: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF THE REVEREND MONSIGNOR GEORGE LEWIS SMITH, PASTOR EMERITUS OF ST. MARY HELP OF CHRISTIANS CATHOLIC CHURCH AT AIKEN, AND EXTENDING SYMPATHY TO HIS FAMILY.
H. 3264 -- Rep. Klapman: A CONCURRENT RESOLUTION TO CONGRATULATE MIKE DERRICK FOR HIS MANY ACCOMPLISHMENTS IN FOOTBALL, BASEBALL, BASKETBALL, AND TRACK UPON HIS INDUCTION INTO THE BROOKLAND-CAYCE HIGH SCHOOL ATHLETIC HALL OF FAME.
H. 3265 -- Rep. Klapman: A CONCURRENT RESOLUTION TO CONGRATULATE JOHN LINK CAGLE FOR HIS MANY ACCOMPLISHMENTS IN FOOTBALL AND TRACK UPON HIS INDUCTION INTO THE BROOKLAND-CAYCE HIGH SCHOOL ATHLETIC HALL OF FAME.
H. 3266 -- Rep. Klapman: A CONCURRENT RESOLUTION TO CONGRATULATE DOOLEY WOMACK FOR HIS MANY ACCOMPLISHMENTS IN BASEBALL UPON HIS INDUCTION INTO THE BROOKLAND-CAYCE HIGH SCHOOL ATHLETIC HALL OF FAME.
H. 3267 -- Rep. Klapman: A CONCURRENT RESOLUTION TO CONGRATULATE PRITCHARD RAY, JR., FOR HIS MANY ACCOMPLISHMENTS IN CROSS-COUNTRY UPON HIS INDUCTION INTO THE BROOKLAND-CAYCE HIGH SCHOOL ATHLETIC HALL OF FAME.
H. 3269 -- Reps. Toal and Sheheen: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF JOHN E. "JACK" YOUNG, DISTINGUISHED RETIRED PHOTOGRAPHER AND MANAGER OF UNITED PRESS INTERNATIONAL, UPON HIS DEATH.
H. 3270 -- Rep. G. Bailey: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. JACQUELYN G. JENKINS OF ST. GEORGE, UPON HER BEING NAMED THE 1987 OUTSTANDING FEMALE STATE EMPLOYEE BY THE SOUTH CAROLINA STATE EMPLOYEES ASSOCIATION.
H. 3271 -- Charleston Delegation: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF CHARLES L. (CHUCK) FREYMUTH, JR., OF RAVENEL IN CHARLESTON COUNTY, UPON HIS DEATH.
H. 3272 -- Rep. Edwards: A CONCURRENT RESOLUTION TO RECOGNIZE THE RESIDENTS AND FORMER EMPLOYEES OF THE CLIFTON COMMUNITY OF SPARTANBURG COUNTY, PAST AND PRESENT, FOR THEIR MANY MEANINGFUL CONTRIBUTIONS TO THEIR COMMUNITY, SPARTANBURG COUNTY, AND THE STATE OF SOUTH CAROLINA, AND TO EXTEND BEST WISHES FOR A HAPPY CELEBRATION OF THEIR HOMECOMING ON SATURDAY, JULY 11, 1987.
H. 3273 -- Reps. Snow, Elliott, Pearce, Thrailkill, T.M. Burriss, J.C. Johnson, Hendricks, Simpson, Pettigrew, Gregory, T. Rogers, Taylor, Aydlette, Baxley, T.C. Alexander, M.O. Alexander, Bennett, Townsend, Dangerfield and Chamblee: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO CLEMSON UNIVERSITY ATHLETIC DIRECTOR, BOBB' ROBINSON, THE ATHLETIC DEPARTMENT, AND CLEMSON STUDENT ATHLETES FOR AN OUTSTANDING YEAR OF ACC COMPETITION.
H. 3274 -- Reps. Thrailkill, Elliott, Pearce and Barfield: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY TO E. M. HENRY FOR HIS MANY YEARS OF DEDICATED AND EFFECTIVE SERVICE TO THE CITIZENS OF HORRY COUNTY AS A MEMBER OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF HORRY COUNTY.
H. 3276 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. ANNIE MAE WILSON OF LEE COUNTY UPON HER DEATH.
H. 3277 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. EDWIN W. HALL, SR., OF LEE COUNTY UPON HIS DEATH.
We thank You, Lord, for Your continual presence available throughout the days of this Legislative Session. We are grateful for Your providential guidance.
And we now lay at the bar of Your judgment all that we have done. Bless and multiply into much fruition the things done for the welfare of the citizens of this great State and which are in accord with Your gracious will. Overrule and bring to naught things that might have been done amiss. May we walk with gratitude today, with hope tomorrow, with faith always.
"The Lord bless you and keep you;
The Lord make His face shine upon you and be gracious to you;
The Lord lift up His countenance upon you and give you peace."
Amen.
At 5:00 P.M. the House in accordance with S. 860 and the point of order by Rep. HAWKINS adjourned Sine Die.
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