South Carolina General Assembly
110th Session, 1993-1994
Journal of the House of Representatives

WEDNESDAY, JANUARY 13, 1993

Wednesday, January 13, 1993
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 P.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

We thank You, Heavenly Father, for colleagues, for friends, for all Your children that we meet along the highway of life. Cause us to know that friends are among the most valuable of life's assets, and to have friends one must be a friend. Lord, make our lives windows of Your light and mirrors to reflect Your love to everyone we meet, knowing we can never do a kindness too soon for we never know when it will be too late.

Thank You, Lord God, for this privilege of service, and may we perform it to honor Your holy Name. 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 yesterday, the SPEAKER ordered it confirmed.

REPORT RECEIVED
JOINT LEGISLATIVE COMMITTEE
FOR JUDICIAL SCREENING

TO:                 The Clerk of the Senate
The Clerk of the House
FROM:     Thomas H. Pope, III, Chairman

Judicial Screening Committee
DATE:     November 9, 1992

In compliance with the provisions of Act No. 119, 1975 S.C. Acts 122, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.

Respectfully submitted,
/s/Senator Thomas H. Pope, III, Chairman
/s/Rep. Larry E. Gentry, Vice-Chairman
/s/Senator John A. Martin
/s/Senator Isadore E. Lourie
/s/Senator Glenn F. McConnell
/s/Rep. B. L. Hendricks, Jr.
/s/Rep. James H. Hodges
/s/Rep. Maggie W. Glover

Pursuant to Act No. 119, 1975 S.C. Acts 122, this committee met to consider the qualifications of a candidate being screened to serve as a retired family court judge.

The Judicial Screening Committee is charged by law to consider the qualifications of candidates for the Judiciary. When notice is received that an individual intends to continue service to the Judiciary as a retired judge, the committee conducts such investigation of the candidate as it deems appropriate and reports its findings to the General Assembly. It is the committee's role to determine whether a candidate is qualified to sit as a judge.

Having completed the investigation as required by the act, the committee by this report respectfully submits its findings to the members of the General Assembly for their consideration.

The report consists of the Transcript of the Proceedings before the Screening Committee, held in Room 209 of the Gressette Senate Office Building on October 29, 1992, and the portions of the documents submitted by the candidate which were made part of the public record.

The candidate's file includes an extensive Personal Data Questionnaire, a Statement of Economic Interests, five letters of reference, including one from the candidate's banker, and the report of a background investigation by SLED. These documents may be viewed in the office of the Judicial Screening Committee in Room 211 of the Gressette Building until two weeks after the report has been published in the Journal.

The candidate was present at the screening and testified under oath.

HEARING OF OCTOBER 29, 1992

CHAIRMAN POPE: WELL, I'LL CALL US TO ORDER. I KNOW SOME OF YOU HAVE PLACES TO GO. I APPRECIATE EVERYBODY COMING. JUDGE, THANK YOU FOR BEARING WITH US. I HOPE WE HAVEN'T INCONVENIENCED YOU.
JUDGE GRIFFITH: NO PROBLEM. I HAVE NO PLACE TO GO.
CHAIRMAN POPE: WELL, THIS PROCEDURE IS A RATHER RELAXED ONE ANYWAY, BUT IF YOU DON'T MIND, YOU CAN COME UP AND SIT IN THE GREEN CHAIR, AND THIS WILL TAKE ABOUT 30 SECONDS PROBABLY.
(WITNESS SWORN; 10:27 A.M.)
WHEREUPON, JEFF D. GRIFFITH, JR., BEING DULY SWORN AND CAUTIONED TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, IS EXAMINED AND TESTIFIES AS FOLLOWS:
EXAMINATION BY CHAIRMAN POPE:
Q     JUDGE, YOU WERE SCREENED IN 1989, AND YOU'VE SUBMITTED THE PERSONAL DATA QUESTIONNAIRE SUMMARY TO US. IS THAT CORRECT? DOES IT NEED ANY MODIFICATION?
A     NOT THAT I KNOW OF.
Q     ALL RIGHT, SIR. YOU HAVE NO OBJECTION TO US MAKING IT A PART OF THE TRANSCRIPT?
A     NONE WHATSOEVER.
Q     WE WILL MAKE IT A PART OF THE RECORD, THEN.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1.         Jeff D. Griffith, Jr.
Home Address:                                                     Business Address
P. O. Box 387                                                         Lexington County Courthouse
Saluda, SC 29138                                         Lexington, SC 29072

2.         He was born in Saluda County, South Carolina on October 28, 1927. He is presently 65 years old.
Social Security Number: ***-**-*****

4.         He was married to Margaret Mitchell on July 22, 1950. He has four children: Lynn G. Anderson, age 41 (teacher); Jeff D., III, age 37 (attorney); Julia G. White, age 35 (registered nurse); and E. Mitchell, age 34 (attorney).

5.         Military Service: U. S. Navy; February, 1946 to October, 1947; Seaman First Class; 582-49-71; Honorable Discharge

6.         He attended Wofford College, Spartanburg, South Carolina, September, 1945 to February, 1946 and February, 1948 to June, 1950. He completed three years at Wofford College without receiving a degree and elected to enter the University of South Carolina Law School from which he received an LLB Degree in 1952.

8.         Legal/Judicial education during the past five years:
He has attended all mandatory seminars for the Family Court Judiciary.

12.     Legal experience since graduation from law school:
He entered the general practice of law in Saluda, South Carolina on January 1, 1953, in the firm of Griffith & Coleman. He continued the practice of law in that firm until July 1, 1977. He was appointed Judge of the Family Court for the Counties of Edgefield, McCormick and Saluda on January 1, 1972. He served as Family Court Judge on a part-time basis and continued his practice of law in Saluda on a full-time basis until elected Family Court Judge of the Eleventh Judicial Circuit, Seat #2.

20.     Judicial Office:
Family Court Judge for McCormick, Edgefield and Saluda, 1972 to 1977, and then Family Court Judge for the Eleventh Judicial Circuit beginning July, 1977 to present. (Family Court Jurisdiction)

21.     Five significant Orders or Opinions Written:

(a)         Dent v. Dent; 256 S.E.2d 743, Opinion 21002.
This case was regarding custody to adulterous parent.

(b)         Miller v. Miller, Unpublished Opinion.
This case was regarding the payment of psychological bills as not being considered medical bills which were to be split between parents.

(c)         Harvley v. Harvley, 310 S.E.2d 161, SC Reporter 279 SC 373.
This case was regarding corroboration on a divorce action for adultery.

(d)         Brown v. Brown.
This case is presently being appealed. This case was of significance as it concerned the division of a law firm.

(e)         Hughes v. Hughes.
This case was of significance as it concerned the UCCJA Act wherein the mother moved from Florida to South Carolina with the children.

33.     His health is good. His last physical was in December of 1991, by Dr. Walter Roberts of Columbia, South Carolina.

39.     Bar Associations and Professional Organizations:
Lexington County Bar

40.     Civic, charitable, religious, educational, social, and fraternal organizations:
St. Paul United Methodist Church

42.     Five letters of reference:

(a)         J. O. Jamison, Senior Banking Executive
Assistant Vice President, Saluda County
NationsBank, P. O. Box 245, Saluda, SC 29138

(b)         Frank B. Register, Jr., Esquire
110 South Lake Drive, Lexington, SC 29072

(c)         Honorable Kathryn P. Butler, Clerk of Court
McCormick County
P. O. Box 86, McCormick, SC 29835

(d)         Nancy M. Young, Esquire
P. O. Box 8626, Columbia, SC 29202

(e)         Honorable Doris B. Holmes, Clerk of Court
Saluda County
Courthouse, Saluda, SC 29138

THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE REPORTS NO COMPLAINTS OR CHARGES OF ANY KIND HAVE EVER BEEN FILED AGAINST YOU. THE RECORDS OF THE JUDICIAL STANDARDS COMMISSION SHOWS NO RECORD WHATSOEVER OF ANY REPRIMANDS AGAINST YOU.
THE RECORDS OF THE HIGHWAY DEPARTMENT, THE SALUDA COUNTY SHERIFF'S OFFICE, SALUDA CITY POLICE DEPARTMENT, SLED, AND F.B.I. HAVE BEEN CHECKED AND THEY ARE ALL NEGATIVE, AS ARE THE JUDGMENT ROLLS OF SALUDA COUNTY AND FEDERAL COURT RECORDS.
YOUR HEALTH IS STILL, OF COURSE, EXCELLENT OR GOOD?
A     AS FAR AS I KNOW.
Q     AND YOUR STATEMENT OF ECONOMIC INTERESTS SHOWS YOU HAVE NO CONFLICTS OF INTERESTS OR OBLIGATIONS. THE COMMITTEE IS SATISFIED WITH THE FINANCIAL NET WORTH STATEMENT AND CREDIT REPORTS THAT YOU HAVE SUBMITTED; AND WE HAVE HAD NO COMPLAINTS OR STATEMENTS, AND NO PERSONS HAVE ASKED TO BE PRESENT TO TESTIFY TODAY.
JUDGE, WE ARE PLEASED YOU'VE DECIDED YOU WANT TO CONTINUE TO CONTRIBUTE. YOU'VE DONE AN OUTSTANDING JOB OVER THE YEARS--
REPRESENTATIVE HENDRICKS: YOU SURE HAVE.
Q     --AND WE HAVEN'T SEEN TOO MANY JUDGES OPT TO STAY ON. I KNOW THERE'S A LOT OF STRESS INVOLVED, BUT WE SURE APPRECIATE YOUR WANTING TO CONTINUE.
A     I JUST FEEL LIKE I'M A PART OF IT, MR. POPE. AND I CAME ABOARD AS ONE OF THE FIRST ONES, AND I WANT TO WORK. I LOVE IT. I THINK WE'VE GOT ONE OF THE FINEST FAMILY COURT SYSTEMS ANYWHERE IN THIS COUNTRY. AND IF THEY NEED ME, I WANT TO WORK IF I'M ABLE TO WORK.
VICE CHAIRMAN GENTRY: JUDGE, I GUESS YOU'LL WORK--AS WE DISCUSSED AWHILE AGO--ON AN AS-NEEDED BASIS? THAT SORT OF THING?
WITNESS: WELL, THEY ALREADY ASKED ME--I GUESS THEY ASSUMED I WAS GOING TO PASS THIS SCREENING COMMITTEE. THEY ASKED ME TO WORK NOVEMBER 30TH AND DECEMBER 7TH IN RICHLAND COUNTY, AND I'M THINKING ABOUT THAT. I RETIRED YESTERDAY; WENT THIS MORNING TO PICK UP THE GREENWOOD NEWS; GOT A GRATIS FISHING LICENSE, AGE 65 FISHING LICENSE; CAME TO SCREENING THE NEXT DAY AFTER I RETIRED. AND I GUESS THEY ASSUMED I WAS GOING TO PASS, SO I'M HOPING TO GO BACK TO WORK. I JUST FEEL LIKE I'M A PART OF IT. I HAD THREE MORE YEARS ON THIS TERM, AND I WANT TO WORK SOME.
Q     (BY CHAIRMAN POPE) WELL, WE APPRECIATE IT JUDGE. DO YOU HAVE ANY OTHER OBSERVATIONS OR COMMENTS YOU'D LIKE TO MAKE?
A     (SHAKES HEAD.)
EXAMINATION BY VICE CHAIRMAN GENTRY:
Q     I JUST WANT TO ADD, OF COURSE, AS YOU WELL KNOW, I'VE BEEN IN YOUR COURTROOM ON MANY OCCASIONS, OF COURSE. AND I WANT TO COMMEND YOU FOR THE WAY YOU HANDLE YOURSELF AND THE COURTROOM ITSELF, AS A MATTER OF FACT. I ALWAYS FELT VERY COMFORTABLE GOING INTO YOUR COURTROOM BECAUSE YOU HAVE IT UNDER CONTROL, AS A MATTER OF FACT, AND YOU'VE ALWAYS BEEN FAIR AND IMPARTIAL.
AND I JUST WANT TO THANK YOU FOR YOUR WORK, AND I APPRECIATE YOUR WILLINGNESS TO SERVE ON AN AS-NEEDED BASIS, BECAUSE THAT IS NEEDED.
A     I APPRECIATE THAT. I APPRECIATE IT. I HAD A FELLOW THAT I HAD HAD IN MY COURT A NUMBER OF TIMES, AND HE'D SEEN ON THE DOOR THAT I WAS GOING TO RETIRE THE 28TH. I HAD HIM THERE FOR FAILING TO PAY SUPPORT. BIG FELLOW, AND HAD A PIGTAIL BACK HERE WITH A RUBBER BAND IN HIS HAIR. DEPUTY WAS BETWEEN ME AND THE DEFENDANT, AND HE STARTED UP TO THE BENCH LAST WEEK. AND THE DEPUTY KIND OF GAVE HIM THE ELBOW, LIKE THAT (INDICATING), DIDN'T WANT HIM TO COME AROUND. I SAID, "LET HIM COME ON UP HERE." AND HE CAME, AND HE SAID, "I JUST WANTED TO SHAKE YOUR HAND." HE SAID, "YOU'RE HARD, BUT YOU'RE FAIR." THAT MEANT SO MUCH TO ME. I CAN WALK OUT IN THE COURTYARD GROUNDS, AND I BELIEVE ANYBODY I'VE EVER PUT IN JAIL--I'M KIND OF LIKE JUDGE EPPES--I BELIEVE I COULD ALMOST SLEEP WITH THEM. I'VE TRIED TO TREAT THEM LIKE I WOULD WANT TO BE TREATED. THAT'S THE WAY I TRY TO HANDLE THINGS.
Q     JUDGE, DO YOU SEE ANY PROBLEMS IN THE FAMILY COURT AREA THAT NEED TO BE CORRECTED, I GUESS, WHILE WE'RE TALKING?
A     NO, ONLY THING I KNOW IS THAT IT'S GETTING BIGGER AND BIGGER AND BIGGER AND BIGGER.
Q     HAVE YOU SEEN A RISE IN THE JUVENILE CASES, JUDGE?
A     NO QUESTION ABOUT THAT. IT USED TO BE FAILING TO ATTEND SCHOOL, OR TRESPASS, SOMETHING LIKE THAT; NOW, IT'S MURDER, GUNS ON SCHOOL GROUNDS--THAT'S ONE PROBLEM--BURGLARY, LARCENY.
Q     YES, SIR. YES, SIR, UNFORTUNATELY.
A     I APPRECIATE YOU GENTLEMEN COMING OVER HERE. I CALLED BACK IN JULY TO SEE IF THEY WERE GOING TO HAVE--GEORGE MARKERT ASKED ME TO GO THROUGH SCREENING. AND SHORTLY AFTER THE ELECTION SAID, WELL, THEY DIDN'T HAVE BUT ONE MEMBER OF THE COMMITTEE LEFT--AND I BELIEVE THAT WAS YOU, MR. MCCONNELL--AND SAID DIDN'T KNOW WHAT THEY WERE GOING TO DO ABOUT SCREENING. SO I SAID, "WELL, WHEN YOU GET THE FORMS, LET ME HAVE THEM BECAUSE I WANT MY SECRETARY TO FILL THEM OUT BEFORE I RETIRE." AND SAID, WELL, THE OFFICE--THE FIRST THING, SAID THE OFFICE IS CLOSING UNTIL SEPTEMBER 3RD, SO I SAID, "WELL, WE'RE GOING TO HAVE A PROBLEM," SO WE CALLED BACK ABOUT THE 5TH AND THEY SAID, "WELL, WE DON'T HAVE BUT ONE MEMBER. DON'T KNOW WHAT WE'RE GOING TO DO." AND I WAS HOLDING COURT IN GREENVILLE, AND THEN I GOT THE FORMS--MY SECRETARY DID, MY COURT REPORTER. THEY FILLED THEM OUT, AND--LORD, THESE THINGS ARE ALMOST LIKE A SEARS & ROEBUCK CATALOG; THEY'RE GETTING THICKER AND THICKER.
YOU KNOW, THE FIRST THING I THINK HAD ECONOMIC INTERESTS AS ONE PAGE. I TOLD MY WIFE, I SAID, "I'M NOT GOING TO EVEN GO THROUGH SCREENING. I'LL WAIT AND GO IN THE SPRING." SHE SAID, "NO, NOT AFTER YOUR SECRETARY/COURT REPORTER WORKED ON IT THAT HARD. YOU'RE GOING." SO I'M OVER HERE, AND I APPRECIATE YOU GENTLEMEN.
Q     THANK YOU.
A     IF Y'ALL ALLOW ME TO PASS, I'LL CONTINUE TO WORK SOME.
CHAIRMAN POPE: ANYBODY ELSE?
SENATOR MCCONNELL: MR. CHAIRMAN, THE ONLY COMMENT I'VE GOT IS, I HAVE NEVER HEARD THE FIRST NEGATIVE COMMENT ABOUT THIS JUDGE, IN THE BAR OR ANYTHING.
CHAIRMAN POPE: WELL, YOU CAN GO THROUGH THE ELEVENTH CIRCUIT AND YOU WON'T HEAR A WORD ABOUT THAT.
SENATOR MCCONNELL: AND ANYBODY WHO CAN HANDLE AFFAIRS UP IN SALUDA AND NEWBERRY AND THAT AREA, KEEP THEM ALL IN LINE, I'M TELLIN' YA'.
WITNESS: I APPRECIATE THAT, GENTLEMEN. AND IF YOU DO HEAR SOMETHING NEGATIVE, LET ME KNOW. I'LL TRY TO STRAIGHTEN THEM OUT.
CHAIRMAN POPE: WE HAVE A MOTION BY MR. GENTRY THAT WE GO INTO EXECUTIVE SESSION, SO, JUDGE, IF YOU'LL BEAR WITH US ABOUT A SECOND OR TWO, YOU CAN STEP OUT.
(WITNESS STANDS ASIDE; 10:32 A.M.)
(EXECUTIVE SESSION; 10:32 A.M. TO 10:37 A.M.)
CHAIRMAN POPE: JUDGE, WE ARE PLEASED TO ANNOUNCE THAT YOU HAVE BEEN UNANIMOUSLY FOUND QUALIFIED, AND WE APPRECIATE, AGAIN, YOUR SERVICE AND LOOK FORWARD TO MANY MORE YEARS OF FRUITFUL JUDICIAL SERVICE. THANK YOU.
WITNESS: JUST WISH ME GOOD HEALTH.
CHAIRMAN POPE: THAT'S RIGHT.
(WITNESS EXCUSED.)
(WHEREUPON, AT 10:38 A.M., THE PROCEEDINGS ARE CONCLUDED.)

FINDINGS OF FACT

The Judicial Screening Committee has reviewed and investigated the qualifications of the following candidate and unanimously finds him to be qualified to serve:

The Honorable Jeff D. Griffith, Jr., for service as a retired
family court judge.

Respectfully Submitted,
/s/Senator Thomas H. Pope, III, Chairman
/s/Rep. Larry E. Gentry, Vice-Chairman
/s/Senator John A. Martin
/s/Senator Isadore E. Lourie
/s/Senator Glenn F. McConnell
/s/Rep. B. L. Hendricks, Jr.
/s/Rep. James H. Hodges
/s/Rep. Maggie W. Glover

On motion of Rep. HODGES, the report was ordered printed in the Journal.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration.

Document No. 1553
Promulgated By Department of Health and Environmental Control
Hazardous Waste Management
Received By Speaker January 13, 1993
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 13, 1993

HOUSE RESOLUTION

The following was introduced:

H. 3088 -- Rep. R. Smith: A HOUSE RESOLUTION CONGRATULATING REDCLIFFE ELEMENTARY SCHOOL OF AIKEN COUNTY ON RECEIVING THE PRESTIGIOUS "NAEA PROGRAM STANDARDS AWARD" FROM THE NATIONAL ART EDUCATION ASSOCIATION.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 101 -- Senators Courson, Bryan, Cork, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, CARROLL A. CAMPBELL, JR., GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 27, 1993.

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

That His Excellency, Carroll A. Campbell, Jr., Governor of the State of South Carolina, is invited to address the General Assembly in joint session at 7:00 p.m. on Wednesday, January 27, 1993, in the Hall of the House of Representatives.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 106 -- Senators Wilson, Courson and Giese: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE S. GRAYSON HARTGROVE, SR., OF COLUMBIA IN RICHLAND COUNTY.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 107 -- Senators Courson, Bryan, Cork, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY ON BEHALF OF ALL THE PEOPLE OF SOUTH CAROLINA TO SENATOR STROM THURMOND WHO CELEBRATED HIS NINETIETH BIRTHDAY ON DECEMBER 5, 1992.

Whereas, Senator Strom Thurmond celebrated the ninetieth anniversary of his birth on December 5, 1992; and

Whereas, Senator Thurmond has spent the majority of his life in the service of his State and Country;

Whereas, during his distinguished career, Senator Thurmond has served as a teacher in the Edgefield County Public Schools, as Edgefield County Superintendent of Education, as a city and county attorney, as a state senator, as a circuit judge, as Governor, and since 1954 as United States Senator; and

Whereas, he served his country with distinction during World War II where he fought in five battles and participated in the Normandy Invasion, receiving five battle stars and 18 medals, declarations, and awards and attaining the rank of Major General; and

Whereas, his diligent service to the people of South Carolina has won him the love and admiration of the people of his State; and

Whereas, the members of the General Assembly wish to express their desire that Senator Thurmond celebrate many more birthdays and that he celebrate them here with his friends and admirers in South Carolina.

Now, therefore,

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

That since the legislature was not in session on the actual date of his birthday, the members of the General Assembly now wish a belated happy birthday to our dear friend Senator Strom Thurmond.

Be it further resolved that a copy of this resolution be forwarded to Senator Thurmond.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 175 -- Senators Russell, Courson, Wilson, Williams, Drummond, Stilwell and Courtney: A CONCURRENT RESOLUTION CONGRATULATING DR. WARREN H. ABERNATHY, SENIOR ADMINISTRATIVE AIDE IN THE UNITED STATES SENATE, UPON RECEIVING THE HONORARY DOCTOR OF HUMANE LETTERS DEGREE FROM VOORHEES COLLEGE.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 3089 -- Reps. Simrill, Holt, G. Bailey, Quinn, Cato, Wright, McMahand, Stone, A. Young, Phillips, Davenport, Littlejohn, Kinon, Vaughn, Farr, R. Smith, Neilson, Stuart, Shissias, Moody-Lawrence, Neal, Meacham, Marchbanks, Trotter, Riser, Williams, Gamble, Haskins, Wells, Byrd, Harrison, Canty, Lanford, Fair, D. Wilder, P. Harris, Wilkes, Law, Harvin and Hutson: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD TAX EXEMPTION, SO AS TO INCREASE THE AMOUNT OF REAL PROPERTY EXEMPTED FROM TAXATION FROM THE FIRST TWENTY THOUSAND DOLLARS OF FAIR MARKET VALUE TO THE FIRST THIRTY THOUSAND DOLLARS.

Referred to Committee on Ways and Means.

H. 3090 -- Reps. Kirsh, Meacham and Simrill: A BILL TO AMEND SECTION 30-4-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE FREEDOM OF INFORMATION ACT, SO AS TO REVISE THE DEFINITION OF "PUBLIC BODY" TO INCLUDE FOUNDATIONS.

Referred to Committee on Judiciary.

H. 3091 -- Reps. Kirsh, Simrill, Moody-Lawrence, Meacham and Delleney: A BILL TO AMEND SECTION 59-65-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO MANDATORY ATTENDANCE REQUIREMENTS OF CHILDREN IN PUBLIC OR PRIVATE SCHOOLS, SO AS TO DELETE THE EXCEPTION OF A CHILD WHO IS MARRIED OR HAS BEEN MARRIED, AN UNMARRIED CHILD WHO IS PREGNANT, OR A CHILD WHO HAS HAD A CHILD OUTSIDE OF WEDLOCK.

Referred to Committee on Education and Public Works.

H. 3092 -- Reps. Kirsh, Meacham and Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-19-660 SO AS TO ALLOW A PROFESSIONAL CORPORATION TO DESIGNATE IN WRITING AN EMPLOYEE OR AGENT WHO MAY REPRESENT THE CORPORATION IN MAGISTRATE'S COURT AND TO PROVIDE THAT THE PERSON DESIGNATED, WHILE REPRESENTING THE CORPORATION IN COURT, IS NOT ENGAGED IN THE UNAUTHORIZED PRACTICE OF LAW.

Referred to Committee on Labor, Commerce and Industry.

H. 3093 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-120 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF A SCHOOL DISTRICT TO GRANT FOREIGN LANGUAGE CREDIT FOR A COURSE IN AMERICAN SIGN LANGUAGE.

Referred to Committee on Education and Public Works.

H. 3094 -- Reps. Kirsh and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-735 SO AS TO PROVIDE THAT BUNGY JUMPING AND REVERSE BUNGY JUMPING ARE UNLAWFUL AND TO PROVIDE PENALTIES FOR VIOLATION.

Referred to Committee on Judiciary.

H. 3095 -- Rep. Kirsh: A JOINT RESOLUTION PROPOSING THE REPEAL OF SECTION 14, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO IMMUNITY FROM PROSECUTION FOR MEMBERS OF THE GENERAL ASSEMBLY DURING THE LEGISLATIVE SESSION.

Referred to Committee on Judiciary.

H. 3096 -- Rep. McTeer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-230 SO AS TO PROVIDE THAT PUBLIC HIGH SCHOOLS SHALL OFFER ONLY A COLLEGE PREPARATORY AND A TECHNICAL EDUCATION PREPARATORY TRACT FOR STUDENTS BEGINNING WITH STUDENTS ENROLLING FOR THE 1993-94 SCHOOL YEAR.

Referred to Committee on Education and Public Works.

H. 3097 -- Rep. McTeer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-240 SO AS TO PROVIDE THAT PUBLIC HIGH SCHOOL JUNIORS AND SENIORS MAY NOT TAKE THE SCHOLASTIC APTITUDE TEST UNLESS THEY HAVE COMPLETED OR ARE ENROLLED IN A GEOMETRY AND AN ALGEBRA I COURSE.

Referred to Committee on Education and Public Works.

H. 3098 -- Rep. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 35 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR SELECTIVE SERVICE BOARD MEMBERS, INCLUDING PROVISIONS THAT MAKE IT UNLAWFUL KNOWINGLY TO PERMIT THE LICENSE PLATE TO BE DISPLAYED ON A VEHICLE OTHER THAN THE ONE AUTHORIZED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

Referred to Committee on Education and Public Works.

H. 3099 -- Rep. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 47 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR MEMBERS OF THE SOUTH CAROLINA STATE GUARD, INCLUDING PROVISIONS WHICH SET AN ANNUAL FEE AND WHICH MAKE IT UNLAWFUL KNOWINGLY TO PERMIT THE LICENSE PLATE TO BE DISPLAYED ON A VEHICLE OTHER THAN THE ONE AUTHORIZED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

Referred to Committee on Education and Public Works.

H. 3100 -- Reps. Simrill, Meacham, Kinon, J. Bailey, R. Smith, Walker, Fair, Littlejohn, Wells, Cato, Allison, Vaughn, Haskins, Stuart, Farr, A. Young, Beatty, Mattos, Hines, Boan, Wright, T.C. Alexander, Gamble, Lanford, M.O. Alexander, Elliott, Moody-Lawrence, D. Wilder and Trotter: A BILL TO AMEND SECTIONS 7-15-320 AND 7-15-340, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO LOWER FROM SEVENTY-TWO TO SIXTY-FIVE THE AGE OF A PERSON WHO QUALIFIES TO VOTE BY ABSENTEE BALLOT.

Referred to Committee on Education and Public Works.

CONCURRENT RESOLUTION

The following was introduced:

H. 3101 -- Reps. Rudnick, Baxley, Harrelson, Waldrop, Richardson, Snow, Thomas and Harvin: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE MOST REVEREND ERNEST L. UNTERKOEFLER, FORMER BISHOP OF THE DIOCESE OF CHARLESTON, AND EXTENDING SYMPATHY TO HIS MANY FRIENDS AND ADMIRERS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

MOTION ADOPTED

Rep. LITTLEJOHN moved that when the House adjourns it adjourn in memory of Mary H. Johnson, Thomas H. Johnson, and James David Johnson of Spartanburg, which was agreed to.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Bailey, G.             Bailey, J.
Baker                  Barber                 Baxley
Beatty                 Breeland               Brown, G.
Brown, H.              Brown, J.              Byrd
Canty                  Carnell                Cato
Chamblee               Clyborne               Cobb-Hunter
Cooper                 Corning                Cromer
Davenport              Delleney               Elliott
Fair                   Farr                   Felder
Fulmer                 Gamble                 Gonzales
Govan                  Graham                 Hallman
Harrell                Harrelson              Harris, J.
Harris, P.             Harrison               Harvin
Harwell                Haskins                Hines
Hodges                 Holt                   Houck
Huff                   Hutson                 Inabinett
Jaskwhich              Jennings               Keegan
Kelley                 Kennedy                Keyserling
Kinon                  Kirsh                  Klauber
Koon                   Lanford                Law
Littlejohn             Marchbanks             McAbee
McCraw                 McElveen               McKay
McLeod                 McMahand               McTeer
Meacham                Moody-Lawrence         Neal
Neilson                Phillips               Quinn
Richardson             Riser                  Robinson
Rogers                 Rudnick                Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Snow                   Spearman
Stille                 Stoddard               Stone
Stuart                 Thomas                 Townsend
Trotter                Tucker                 Vaughn
Waites                 Waldrop                Walker
Wells                  Whipper                White
Wilder, D.             Wilder, J.             Wilkes
Wilkins                Williams               Witherspoon
Wofford                Worley                 Young, A.
Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, January 13.

Thomas N. Rhoad                   John L. Scott, Jr.
William D. Boan                   James G. Mattos
Charles R. Sharpe                 David A. Wright
C. Lenoir Sturkie
Total Present--122

STATEMENT RE ATTENDANCE

I was not present during the Session but arrived in time to attend the Committee meetings on Wednesday, January 13.

Harry R. Askins

DOCTOR OF THE DAY

Announcement was made that Dr. S. Nelson Weston of Columbia is the Doctor of the Day for the General Assembly.

H. 3044, R. 637--GOVERNOR'S VETO RECEIVED

The following was received.

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

June 16, 1992
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. 3044, the 1992-93 Appropriations Act with my vetoes.

Realizing that South Carolina faced a very difficult year with the national recession and its effect on our economy, I am pleased that we were able to adopt an appropriations bill that does not contain any general tax increases.

Further, I am encouraged that we continue to make education our number one priority in South Carolina. By fully funding the EFA we have fulfilled our commitment to the children of our state. Additionally, we maintained the Southeastern average for teacher salaries and proved a 3% raise for our bus drivers.

In addition, the dedicated employees of our state received a badly needed pay raise as well as a fully funded health plan with no increase to the employee. Thus, in addition to the pay raise and bonus, the state's willingness to absorb these health care costs constitutes a new $396 benefit to the typical state employee with family coverage.

In the area of health care we were able to meet the new federal regulations changing the Medicaid program and still provide for funding three prescription for needy recipients. Also, we were able to maintain twelve doctors visits annually for mothers in our prenatal care program. Obviously, we must begin to address innovative health care strategies to try and control the soaring costs of these programs.

In a troubling development, Standard & Poors placed South Carolina on its credit watch list this year, thus endangering our AAA credit rating. Left unaddressed, the problems identified by Standard & Poors could have led to millions of dollars in additional interest cost to the state and its political subdivisions.

The primary obligations we faced regarding the credit watch were repayment of the state's Hugo note and replenishment of the General Reserve Fund. I reluctantly agreed to use a one-time voluntary transfer of highway funds to the general fund for the specific purpose of paying the Hugo debt. This budget also appropriates $33 million for the reserve fund. Therefore, I feel that the state has satisfied the chief concerns that were expressed to us by Standard & Poors.

I have vetoed one million dollars in expenditures to reflect my vetoes in the proviso section. Many of the vetoes are the result of provisos being included in the appropriations bill that are not germane to the legislation, or that deal with more than one subject. As I have stated since I became Governor I will attempt to abide by the decision of the Speaker of the House and the Lt. Governor not to include these types of items in the appropriation bill.

Finally, I have vetoed several provisos that were hastily written and inserted into the budget at the last minute. This irresponsible practice undermines the seriousness of appropriations legislation and short-circuits the normal legislative process in order to avoid full public debate. I urge all legislators to reject such efforts in the future.

My vetoes are as follows:

Veto     1         Part I, Section 3J2, Jt. Leg. Committee on Energy, Page 27 Lines 1-11, 3 General Fund FTE's     $118,598

I would like to thank the Energy Panel chaired by Mr. William Verity and Rep. Harriet Keyserling for their work resulting in the creation of the new Energy Office under the Budget and Control Board. I will sign S. 1273, the Energy Bill, into law and therefore in the interest of reducing duplication in state government I am vetoing the Joint Legislative Committee on Energy since the new Energy Office will be responsible for implementing the state's energy policy. This action will save taxpayers $120,000 in redundant and unnecessary costs.

Veto     2         Part I, Section 14 Energy Office, Page 129, Proviso 14G.4
This proviso is unnecessary since S. 1273 will be signed into law creating the new Energy Office.

Veto     3         Part I, Page 148 Proviso 14.J.10, State Health Plan

While the intent of this proviso is admirable, it would unreasonably restrict the Budget and Control Board's ability to respond to any unforeseen fluctuations in the health insurance market. This proviso would block any adjustments until January of 1994 since rates are adjusted on a calendar year basis as opposed to the budgetary year. Any losses to the State Health Plan will ultimately be borne by the citizens, therefore I support the efforts of the Insurance Services Division to stabilize rates through the establishment of programs like the Hospital Network already in place and the proposed statewide Physician Network.

Veto     4         Part I, Section 28, Department of Education, Proviso 28.8 Part 372, Perkins Vocational Act

This proviso would allocate $59,000 to Clemson PSA for agricultural teacher education. My veto is not intended as a commentary on the merits of Clemson PSA's program. Rather, my action is taken based on advice received from the State Superintendent of Education, and from the Executive Director of the State Board for Technical and Comprehensive Education, which indicates that the proviso is inconsistent both with federal law and with the state vocational education plan.

Nothing in the veto prohibits Clemson PSA from applying for funding under the guidelines of the competitive grants process established in the state plan, and I encourage Clemson PSA to take advantage of that opportunity.

Veto     5         Part I, Page 532 Section 43.24, AFDC Transfer

This proviso prohibits the transfer of funds in or out of the AFDC accounts, and was an eleventh-hour attempt to place more unrestricted funds in the AFDC account. If this practice were to be followed the AFDC account would more than likely run a deficit and DSS would be compelled to approach the board mid-year for additional funding, and would allow DSS to operate the AFDC account on an open-ended basis without regard for overall fund management.

Veto     6         Wildlife and Marine Resources Department, Lines 27-29, Page 614

I am vetoing $1,000,000 earmarked for The Heritage Land Trust. I am a strong supporter of the Heritage Land Trust; however they receive a dedicated source of funding from the documentary stamp tax. Efforts in the General Assembly to increase the amount of documentary stamp tax monies for this fund were unsuccessful, and to circumvent the legislative process with a last minute addition of recurring general fund appropriations is not acceptable.

Veto     7         Part I, Section 67, Development Board, Page 635, Proviso 67.3

I am vetoing this proviso in order to target more productive economic development activities for the Development Board. While the Southern Center for International Studies is a worthwhile organization in an era of tight budgets, we much make sure that all of our dollars are spent for the highest priorities.

Veto     8         Part I, Section 124, Department of Highways/Public Transportation, Page 758, Proviso 124.26, Dorchester County "C" Funds

I am vetoing this proviso because the expenditure of "C" Funds is a responsibility of the local delegations and the appropriate Highway Commissioner. Provisos of this nature circumvent the process and have no place in the Appropriation Bill since they appropriate funds that are not part of the budget bill.

Veto     9         Part I, Section 124, Department of Highways/Public Transportation, Page 758, Proviso 124.26, Marion County "C" Funds

I am vetoing this proviso for the same reasons as stated above.

Veto     10         Part I, Section 122, Aid to Subdivisions, Page 764, Proviso 122.12, Local Government Fund - Hold Harmless

When this proviso was first offered as a floor amendment in the House, the Speaker sustained the point of order that it should stand alone as separate legislations and not as part of the appropriations bill. I concur with the Speaker's ruling.

Veto     11         Part I, Section 129, page 799, Proviso 129.66, Legal Fees/Reapportionment

I am vetoing this proviso because it is frivolous and already available under State law. Virtually all expenditures by State agencies are subject to the Freedom of Information Act, and these particular items have been disclosed pursuant to such requests. To continue to belabor this point belittles the process and would require a waste of resources and manpower that could be devoted to more important issues of the day.

Veto     12         Part I, Section 129, page 800, Proviso 129.67, Restructuring Expenses Report

I am also vetoing this proviso because it is information clearly available under current State law, and has been previously been disclosed. To continue to belabor this reflects poorly on those opponents of government restructuring who already have such information This proviso simply requires a waste of resources and manpower that could be devoted to the more important issues of the day.

Veto     13         Part II, Section 15, Energy Office, pages 55-59
TO AMEND THE 1976 CODE BY ADDING CHAPTER 52 IN TITLE 48, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, SO AS TO ESTABLISH THE STATE ENERGY OFFICE WITHIN THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, TO PROVIDE THAT PERSONNEL AND FUNDING FOR THIS OFFICE MUST BE DERIVED FROM EXISTING STATE GOVERNMENT PERSONNEL AND FINANCIAL RESOURCES AVAILABLE TO THE STATE, AND TO ESTABLISH THE ENERGY ADVISORY COMMITTEE AND PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES.

I am vetoing this proviso for the same reasons stated earlier in that it is unnecessary given the passage of S. 1273.

Veto     14         Part II, Section 31, Railway Commission, page 68, $150,000
TO AMEND THE 1976 CODE BY ADDING SECTION 58-19-155, SO AS TO REQUIRE THE SOUTH CAROLINA PUBLIC RAILWAYS COMMISSION TO REMIT ONE HUNDRED FIFTY THOUSAND DOLLARS EACH FISCAL YEAR TO THE STATE TREASURER FOR DEPOSIT TO THE CREDIT OF THE GENERAL FUND OF THE STATE.

I am vetoing this proviso because I am concerned that we would be setting a bad precedent by taking funds away from non-appropriated agencies for the State's general fund. The S.C. Railway Commission provides a vital link in our economic development activities and may need to participate in an expansion project for an industrial prospect.

Veto     15         Part II, Section 32, page 69
TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-145 SO AS TO EXEMPT FROM THE LICENSING AND OTHER REGULATORY REQUIREMENTS OF THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION PUBLIC SCHOOL STUDENTS AND INSTRUCTORS WHOSE CONTRACTING WORK IS PART OF A VOCATIONAL COURSE CURRICULUM.

Although this proviso has great merit and I hope it will be adopted soon after the General Assembly returns next session, I must keep my commitment to oppose the "bobtailing" of those sections that are non-germane to the appropriation bill. I am returning the proviso with my veto.

Veto     16         Part II, Section 40, SHIMS interest earnings, pages 72-73
TO AMEND SECTION 12-27-1260 OF THE 1976 CODE, RELATING TO THE CREDITING OF ADDITIONAL TAXES TO THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY FUND, SO AS TO DELETE THE PROVISION FOR EARNINGS ON INVESTMENTS FROM THE FUND TO BE DEPOSITED IN THE FUND.

I am vetoing this proviso for the reasons that I have stated repeatedly during this year's budget debate. That is, I do not feel that a permanent transfer of SHIMS interest earnings is an acceptable policy. I reluctantly agreed to a one time transfer of SHIMS funds in order to address the difficult situation regarding the repayment of the Hugo note. I will not sanction the recurring use of these funds for non-highway purposes.

Veto     17         Part II, Section 42, pages 78-79, Employee Suggestion
TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-450 SO AS TO REQUIRE ALL STATE AGENCIES AND INSTITUTIONS TO PARTICIPATE IN THE STATE BUDGET AND CONTROL BOARD SUGGESTION AWARDS PROGRAM.

This is non-germane to the appropriations bill. In addition, the budget and control Board plans to require all agencies to implement the employees suggestion program.

Veto     18         Part II, Section 58, pages 95-97, $894,960
TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-140 SO AS TO AUTHORIZE A STATE AGENCY TO CONTRACT BY THE COMPETITIVE BIDDING PROCESS, FOR THE SALE OF ADVERTISING SPACE, TO PROVIDE FOR THE DISTRIBUTION OF THE ADVERTISING REVENUE, TO PROVIDE THE REQUIREMENTS WHICH THE ADVERTISING AND THE SALE OF THE ADVERTISING MUST MEET TO PROVIDE A PROCEDURE FOR WRITTEN OBJECTIONS TO ADVERTISING PLACED PURSUANT TO THE PROVISIONS OF THIS SECTION.

This permanent proviso would permit State agencies to contract to sell commercial advertising space in State-operated or owned publications, buildings, facilities, and vehicles. I have great concerns about commercial advertising on State property and believe such legislation should be more thoroughly debated in the Genal Assembly before enacted, if ever, into permanent law. I am concerned that no matter what disclaimer under Section 11-9-1401(7) is contained on these advertisements, they will, nonetheless, carry with them the illusion of the State's approval or endorsement.

This section leaves me with serious concerns about both the implementation and the appropriateness of advertisement in or on State property, and for this reason I do not believe it should go through the appropriate legislative review rather than as a last-minute amendment to the appropriations bill.

Veto     19         Part II, Section 65, pages 102-103
TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-465, SO AS TO PROHIBIT THE USE OF FUNDS FORM THE INSURANCE RESERVE FUND OR OTHER RESERVE FUNDS TO PAY LEGAL FEES AND ASSOCIATED COSTS TO DEFEND STATE OR LOCAL OFFICERS FROM A 1983 ACTION ARISING OUT OF REDISTRICTING.

This permanent proviso was initially removed by the Conference Committee but then added back to the appropriations bill upon the insistence of a small group of Senators.

The attempt to prevent the Insurance Reserve Fund from providing counsel to a constitutional officer because he or she may take a position contrary to certain members of the Senate flies in the face of the principles of democratic free speech. Additionally, denying constitutional officers protection afforded under the contractual obligations of the Reserve Fund with the insurance carrier would provide a clear cause of action for breach of contract by any constitutional officer denied protection afforded under the contract.

If enacted, this proviso would discourage a constitutional officer from taking action to uphold the constitution and laws of this State when certain members of the General Assembly disagree. The constitutional officers could decline to take a stand on matters that protect the public because of concern that he or she would incur personal liability.

Veto     20         Part II, Section 72, pages 111-113
TO AMEND SECTION 6-10-30 OF THE 1976 CODE, RELATING TO BUILDING CODES, SO AS TO ALLOW CERTAIN EXCEPTIONS TO PROMOTE AFFORDABLE HOUSING; TO AMEND SECTIONS 58-25-40, AS AMENDED, AND 58-25-60, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO PROVIDE FOR PER DIEM OF MEMBERS UNDER CERTAIN CONDITIONS AND LIMIT SOURCES AND USES OF REVENUES; AND TO PROHIBIT INTEGRATED RESOURCE PLAN REQUIREMENTS FOR GAS UTILITIES UNDER CERTAIN CIRCUMSTANCES.

I am vetoing this proviso which appears to be a combination of several separate pieces of legislation that have no relation to one another in violation of Art. III, Section 17, of the Constitution. This section appears non-germane to this appropriations bill and because of my commitment to oppose such efforts of bobtailing, I must veto this proviso.

Since the General Assembly has adjourned sine die I would reiterate that those portions of the appropriations bill (H. 3044) not vetoed are approved.

Sincerely,
Carroll A. Campbell, Jr.
Governor

VETO 1--DEBATE ADJOURNED

Veto     1         Part I, Section 3J2, Jt. Leg. Committee on Energy, Page 27 Lines 1-11, 3 General Fund FTE's     $118,598

Rep. BOAN moved to adjourn debate upon the veto until July 5, which was adopted.

VETO 2--DEBATE ADJOURNED

Veto     2         Part I, Section 14 Energy Office, Page 129, Proviso 14G.4

Rep. BOAN moved to adjourn debate upon the veto until July 5, which was adopted.

VETO 3--DEBATE ADJOURNED

Veto     3         Part I, Page 148 Proviso 14.J.10, State Health Plan

Rep. BOAN moved to adjourn debate upon the veto until July 5, which was adopted.

VETO 4--OVERRIDDEN

Veto     4         Part I, Section 28, Department of Education, Proviso 28.8 Page 372, Perkins Vocational Act

Rep. McABEE explained the veto.

The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 115; Nays 0

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Bailey, G.             Bailey, J.
Baker                  Barber                 Baxley
Boan                   Breeland               Brown, G.
Brown, H.              Brown, J.              Byrd
Canty                  Carnell                Cato
Chamblee               Clyborne               Cobb-Hunter
Cooper                 Corning                Cromer
Davenport              Delleney               Elliott
Fair                   Farr                   Felder
Fulmer                 Gamble                 Gonzales
Govan                  Graham                 Hallman
Harrell                Harrelson              Harris, J.
Harris, P.             Harrison               Harvin
Harwell                Haskins                Hines
Hodges                 Houck                  Huff
Hutson                 Inabinett              Jaskwhich
Jennings               Keegan                 Kelley
Kennedy                Keyserling             Kinon
Kirsh                  Klauber                Koon
Lanford                Law                    Littlejohn
Marchbanks             Mattos                 McAbee
McCraw                 McElveen               McKay
McLeod                 McMahand               McTeer
Meacham                Moody-Lawrence         Neilson
Phillips               Quinn                  Richardson
Riser                  Robinson               Rudnick
Scott                  Shissias               Simrill
Smith, D.              Smith, R.              Snow
Spearman               Stille                 Stoddard
Stone                  Stuart                 Sturkie
Thomas                 Townsend               Trotter
Tucker                 Vaughn                 Waites
Waldrop                Walker                 Wells
Whipper                White                  Wilder, D.
Wilder, J.             Wilkes                 Wilkins
Williams               Witherspoon            Wofford
Worley                 Wright                 Young, A.
Young, R.

Total--115

Those who voted in the negative are:

Total--0

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

VETO 5--DEBATE ADJOURNED

Veto     5         Part I, Page 532 Section 43.24, AFDC Transfer

Rep. BOAN moved to adjourn debate upon the veto until July 5, which was adopted.

VETO 6--DEBATE ADJOURNED

Veto     6         Wildlife and Marine Resources Department, Lines 27-29, Page 614

Rep. BOAN moved to adjourn debate upon the veto until July 5, which was adopted.

STATEMENT FOR THE JOURNAL

For Veto #6-

In the belief that the Heritage Land Trust program is of extreme importance to protecting our state's natural heritage, I voted against adjourning debate on this veto and would have voted to override.

Rep. J. MICHAEL BAXLEY

VETO 7--DEBATE ADJOURNED

Veto     7         Part I, Section 67, Development Board, Page 635, Proviso 67.3

Rep. BOAN moved to adjourn debate upon the veto until July 5, which was adopted.

VETO 8--DEBATE ADJOURNED

Veto     8         Part I, Section 124, Department of Highways/Public Transportation, Page 758, Proviso 124.24, Dorchester County "C" Funds

Rep. BOAN moved to adjourn debate upon the veto until July 5, which was adopted.

VETO 9--SUSTAINED

Veto     9         Part I, Section 124, Department of Highways/Public Transportation, Page 758, Proviso 126.26, Marion County "C" Funds

Rep. ELLIOTT explained the veto.

The question was put, shall the Item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 44; Nays 49

Those who voted in the affirmative are:

Bailey, G.             Baxley                 Beatty
Breeland               Brown, G.              Carnell
Chamblee               Cobb-Hunter            Elliott
Felder                 Harrelson              Harris, J.
Harris, P.             Harvin                 Harwell
Hines                  Hodges                 Houck
Inabinett              Jennings               Kennedy
Keyserling             Kinon                  Kirsh
Law                    McAbee                 McCraw
McElveen               McLeod                 McTeer
Moody-Lawrence         Neilson                Rudnick
Scott                  Spearman               Stille
Stoddard               Townsend               Tucker
Waldrop                Whipper                White
Wilkes                 Worley

Total--44

Those who voted in the negative are:

Alexander, T.C.        Allison                Anderson
Brown, H.              Cato                   Clyborne
Cooper                 Corning                Davenport
Gonzales               Graham                 Hallman
Harrell                Harrison               Holt
Hutson                 Jaskwhich              Keegan
Kelley                 Klauber                Koon
Lanford                Littlejohn             Marchbanks
McKay                  McMahand               Meacham
Quinn                  Richardson             Riser
Robinson               Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Stone                  Sturkie                Thomas
Vaughn                 Waites                 Walker
Wells                  Wilder, D.             Witherspoon
Wofford                Wright                 Young, A.
Young, R.

Total--49

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

VETO 10--DEBATE ADJOURNED

Veto     10         Part I, Section 122, Aid to Subdivisions, Page 764, Proviso 122.12, Local Government Fund - Hold Harmless

Rep. BOAN moved to adjourn debate upon the veto until July 5, which was adopted.

VETO 11--DEBATE ADJOURNED

Veto     11         Part I, Section 129, page 799, Proviso 129.66, Legal Fees/Reapportionment

Rep. BOAN moved to adjourn debate upon the veto until July 5, which was adopted.

VETO 12--DEBATE ADJOURNED

Veto     12         Part I, Section 129, page 800, Proviso 129.67, Restructuring Expenses Report

Rep. BOAN moved to adjourn debate upon the veto until July 5, which was adopted.

VETO 13--DEBATE ADJOURNED

Veto     13         Part II, Section 15, Energy Office, pages 55-59

Rep. BOAN moved to adjourn debate upon the veto until July 5, which was adopted.

VETO 14--DEBATE ADJOURNED

Veto     14         Part II, Section 31, Railway Commission, page 68, $150,000

Rep. KIRSH explained the veto.

Rep. BOAN moved to adjourn debate upon the veto until July 5.

Rep. KIRSH moved to table the motion, which was not agreed to.

The question then recurred to the motion to adjourn debate until July 5, which was agreed to.

VETO 15--DEBATE ADJOURNED

Veto     15         Part II, Section 32, page 69

Rep. BOAN moved to adjourn debate upon the veto until July 5, which was adopted.

VETO 16--DEBATE ADJOURNED

Veto     16         Part II, Section 40, SHIMS interest earnings, pages 72-73

Rep. BOAN moved to adjourn debate upon the veto until July 5, which was adopted.

VETO 17--DEBATE ADJOURNED

Veto     17         Part II, Section 42, pages 78-79, Employee Suggestion

Rep. BOAN moved to adjourn debate upon the veto until July 5, which was adopted.

VETO 18--DEBATE ADJOURNED

Veto     18         Part II, Section 58, pages 95-97, $894,960

Rep. BOAN moved to adjourn debate upon the veto until July 5, which was adopted.

VETO 19--DEBATE ADJOURNED

Veto     19         Part II, Section 65, pages 102-103

Rep. BOAN moved to adjourn debate upon the veto until July 5, which was adopted.

VETO 20--DEBATE ADJOURNED

Veto     20         Part II, Section 72, pages 111-113

Rep. BOAN moved to adjourn debate upon the veto until July 5, which was adopted.

ELECTION OF REORGANIZATION COMMISSION

The SPEAKER announced that nominations were in order for five members of the Reorganization Commission.

The following names were placed in nomination:

Rep. KIRSH

Rep. J. BROWN

Rep. G. BAILEY

Rep. WALDROP

Rep. HARWELL

On motion of Rep. HARRELSON, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.

Whereupon, the SPEAKER announced that Reps. KIRSH, J. BROWN, G. BAILEY, WALDROP and HARWELL were duly elected for the term prescribed by law.

RECORD FOR VOTING

I had to attend a funeral in Bamberg. Had I been present I would have voted for Reps. KIRSH, J. BROWN, G. BAILEY, WALDROP and HARWELL.

Rep. THOMAS N. RHOAD

ORDERED TO THIRD READING

The following Bill was taken up, read the second time, and ordered to a third reading:

H. 3083 -- Reps. Koon and Sturkie: A BILL TO PROHIBIT LEXINGTON COUNTY SCHOOL DISTRICT 1 FROM UNDERTAKING CONSTRUCTION OR RENOVATION PROJECTS BY MEANS OF LEASE-PURCHASE OR LEASE-LEASEBACK AGREEMENTS, TO PROVIDE THAT LEASE-LEASEBACK AND LEASE-PURCHASE AGREEMENTS ENTERED INTO BY THE GOVERNING BODY OF THE DISTRICT CONSTITUTE GENERAL OBLIGATION DEBT FOR THE PERIOD OF THE LEASE SUBJECT TO THE DEBT LIMITATIONS IMPOSED BY ARTICLE X, SECTION 15, CONSTITUTION OF SOUTH CAROLINA, 1895, AND TO PROVIDE FOR GENERAL OBLIGATION DEBT EXISTING ON THE EFFECTIVE DATE OF THIS SECTION AND THE MANNER OF ISSUING ADDITIONAL GENERAL OBLIGATION DEBT.

H. 3084--DEBATE ADJOURNED

Rep. RISER moved to adjourn debate upon the following Bill until Wednesday, January 20, which was adopted.

H. 3084 -- Reps. Koon and Sturkie: A BILL TO PROVIDE THAT SCHOOL TAXES MAY NOT BE LEVIED FOR LEXINGTON COUNTY SCHOOL DISTRICT 1 UNLESS THE PROPOSED BUDGET OF THE DISTRICT FOR THE SCHOOL YEAR IS FIRST APPROVED BY A MAJORITY OF THE MEMBERS OF THE LEGISLATIVE DELEGATION REPRESENTING THE DISTRICT.

H. 3087--DEBATE ADJOURNED

Rep. WAITES moved to adjourn debate upon the following Bill until Tuesday, January 19, which was adopted.

H. 3087 -- Reps. Waites, Quinn, Cromer, Neal, Rogers, Shissias, Harrison and Byrd: A BILL TO AMEND ACT 581 OF 1976 (FORMERLY CODIFIED AS SECTION 51-395.3 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1962, AS AMENDED), RELATING TO THE RECREATION COMMISSION OF RICHLAND COUNTY, SO AS TO PROVIDE THAT THE MEMBERS OF THE COMMISSION BE APPOINTED BY THE GOVERNOR UPON RECOMMENDATION BY A MAJORITY OF THE MEMBERS OF THE GOVERNING BODY OF RICHLAND COUNTY RATHER THAN BY A MAJORITY OF THE MEMBERS OF THE RICHLAND COUNTY LEGISLATIVE DELEGATION.

RECURRENCE TO THE MORNING HOUR

Rep. WILKINS moved that the House recur to the morning hour, which was agreed to.

CONCURRENT RESOLUTION

The following was introduced:

H. 3102 -- Reps. Chamblee, Cooper, P. Harris, Tucker, Townsend and Stille: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF ANDERSON COUNTY DEPUTY SHERIFF CHRISTOPHER LEE TAYLOR, WHO DIED IN THE LINE OF DUTY ON DECEMBER 7, 1992, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

HOUSE RESOLUTION

The following was introduced:

H. 3103 -- Reps. Cato and Vaughn: A HOUSE RESOLUTION TO AMEND RULE 1.9 RULES OF THE HOUSE OF REPRESENTATIVES RELATING TO APPOINTMENT OF MEMBERS TO COMMITTEES BY THE SPEAKER, SO AS TO REQUIRE THAT A CHAIRMAN AND OTHER OFFICERS OF A COMMITTEE MAY NOT BE ELECTED SOONER THAN TWENTY-FOUR HOURS AFTER THE SPEAKER HAS APPOINTED THE MEMBERS OF A COMMITTEE.

The Resolution was ordered referred to the Committee on Rules.

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 3104 -- Rep. Cromer: A BILL TO AMEND SECTION 56-5-2530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED PARKING IN SPECIFIED PLACES, SO AS TO MAKE IT UNLAWFUL TO PARK A VEHICLE IN A CLEARLY DESIGNATED FIRE LANE OR A PARKING PLACE OR AREA WHICH SERVES AS A FIRE LANE AND IS MARKED CLEARLY "NO PARKING", AND TO PROVIDE EXCEPTIONS.

Referred to Committee on Judiciary.

H. 3105 -- Rep. Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2535 SO AS TO MAKE IT A MISDEMEANOR OFFENSE, EXCEPT UNDER CERTAIN CIRCUMSTANCES, TO STOP, STAND, OR PARK A VEHICLE IN FRONT OF, ADJACENT TO, OR INSIDE A DESIGNATED FIRE LANE, AND TO PROVIDE FOR PUNISHMENT FOR THIS VIOLATION IN THE SAME MANNER AS PROVIDED IN SECTION 56-3-1970 FOR UNLAWFULLY PARKING A VEHICLE IN A PARKING PLACE CLEARLY DESIGNATED FOR HANDICAPPED PERSONS.

Referred to Committee on Judiciary.

H. 3106 -- Rep. Harwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-140 SO AS TO LIMIT APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT TO AN AMOUNT NOT TO EXCEED THE BASE REVENUE ESTIMATE, TO DEFINE BASE REVENUE ESTIMATE, TO PROVIDE FOR AN INCREASE IN THE BASE REVENUE ESTIMATE ON THE WRITTEN CERTIFICATION OF THE BOARD OF ECONOMIC ADVISORS, AND TO PROVIDE WHEN AND FOR WHAT PURPOSES SURPLUS REVENUES MAY BE APPROPRIATED.

Referred to Committee on Ways and Means.

H. 3107 -- Reps. Cromer, Inabinett, Waites, Barber, J. Brown, McTeer, Jaskwhich, Felder, J. Bailey, Snow, Holt, Neal, Kelley, Davenport, Keyserling, Baxley, J. Wilder, Beatty, Kirsh and D. Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 9, TITLE 4 SO AS TO PROVIDE A PROCEDURE BY WHICH THE GOVERNING BODY OF A COUNTY MAY BE ELECTED IN NONPARTISAN ELECTIONS.

Referred to Committee on Judiciary.

H. 3108 -- Reps. Cromer, Sharpe, Neilson, Cobb-Hunter, Jennings, Jaskwhich, Harrison, Whipper, Govan, Shissias, Byrd, Riser, Waites, Felder, Barber, Inabinett, P. Harris, Wofford, McTeer, Snow, Baxley, Meacham, A. Young, Law, Simrill, Witherspoon and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-462 SO AS TO PROVIDE FOR A PREMIUM REDUCTION FOR AN AUTOMOBILE INSURANCE POLICY WHEN THE PRINCIPAL OPERATOR OF THE INSURED AUTOMOBILE IS INSURED UNDER THE POLICY, IS FIFTY-FIVE YEARS OF AGE OR OLDER, AND HAS COMPLETED SUCCESSFULLY A MOTOR VEHICLE ACCIDENT PREVENTION COURSE.

Referred to Committee on Labor, Commerce and Industry.

H. 3109 -- Rep. Waites, Jaskwhich, McKay, J. Bailey, Inabinett, Neilson, McTeer, Felder, Whipper, G. Bailey, Breeland, Kelley, Baxley, Kinon, Keyserling, Kirsh, M.O. Alexander, Barber, Cromer, D. Wilder, J. Wilder, Snow and Chamblee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 9, TITLE 4 SO AS TO PROVIDE A PROCEDURE BY WHICH THE GOVERNING BODY OF A COUNTY MAY BE ELECTED IN NONPARTISAN ELECTIONS.

Referred to Committee on Judiciary.

H. 3110 -- Reps. Waites, J. Harris, G. Brown, R. Smith, McKay, Cobb-Hunter, Inabinett, Farr, Whipper, Wilkes, Barber, Breeland, Holt, Neilson, Shissias, Jaskwhich, Wright, Riser, Canty, Snow, Sharpe, McCraw, J. Bailey, Stille, Corning, Law, Gamble, T.C. Alexander, Harrison, McTeer, Delleney, M.O. Alexander, Baxley, A. Young, Allison, H. Brown, Klauber, Stoddard, Phillips, Marchbanks, Davenport, Richardson, Felder, Stuart, J. Wilder, Keyserling, Stone, Wells, Kinon, Beatty, Kelley, Cromer, D. Wilder, Littlejohn, Walker, Vaughn, Huff and Kirsh: A BILL TO AMEND SECTION 4-9-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE GENERAL ASSEMBLY PROVIDE THE NECESSARY FUNDS TO ADMINISTER A LAW, RULE, OR REGULATION WHICH IT MANDATES A COUNTY TO IMPLEMENT, SO AS TO SUSPEND STATE MANDATES TO COUNTIES UNLESS FUNDED BY APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY AND TO SUSPEND THE GRANTING OR INCREASING OF EXEMPTIONS FROM COUNTY PROPERTY TAXATION UNLESS ANY LOSS OF PROPERTY TAX REVENUE RESULTING FROM THE EXEMPTION IS FUNDED BY APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY.

Referred to Committee on Ways and Means.

H. 3111 -- Reps. Cromer, Inabinett, Quinn, McMahand, Whipper, Allison, J. Brown, Beatty, Walker, Cobb-Hunter, Moody-Lawrence, Neal, Byrd, Stone and Graham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-95 SO AS TO PROVIDE THAT ALL SCHOOL BUSES MUST BE EQUIPPED WITH LAP OR SHOULDER HARNESS SAFETY BELTS; AND TO AMEND SECTION 56-5-6530, RELATING TO EXCEPTIONS FOR MANDATORY USE OF SEAT BELTS, SO AS TO DELETE THE EXCEPTION FOR SCHOOL BUSES.

Referred to Committee on Education and Public Works.

H. 3112 -- Reps. Wilkins and Hodges: A BILL TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES FOR TRAFFICKING IN CONTROLLED SUBSTANCES, SO AS TO MAKE IT UNLAWFUL TO TRAFFIC IN LYSERGIC ACID DIETHYLAMIDE (LSD) AND TO PROVIDE PENALTIES.

Referred to Committee on Judiciary.

H. 3113 -- Reps. Sturkie, Wright, Shissias, Corning, Jaskwhich and Wells: A BILL TO AMEND ACT 503 OF 1990, THE CLEAN INDOOR AIR ACT, SO AS TO PROHIBIT SMOKING IN THE INDOOR PUBLIC AREAS OF ALL FOOD SERVICE ESTABLISHMENTS, TO DEFINE "FOOD SERVICE ESTABLISHMENT"; AND TO DESIGNATE THE PROVISIONS OF THE CLEAN INDOOR AIR ACT AS CHAPTER 95, TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3114 -- Reps. Sturkie, Witherspoon, Sharpe, Quinn, Wright, Riser, Koon, Jaskwhich, Rudnick, Corning, Allison, Harrison, Littlejohn, Waites and Wells: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD TAX EXEMPTION, SO AS TO INCREASE THE AMOUNT OF REAL PROPERTY EXEMPTED FROM TAXATION FROM THE FIRST TWENTY THOUSAND DOLLARS OF FAIR MARKET VALUE TO THE FIRST THIRTY THOUSAND DOLLARS.

Referred to Committee on Ways and Means.

H. 3115 -- Reps. T.C. Alexander, Snow, Riser and Witherspoon: A BILL TO AMEND SECTION 47-13-1370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF TESTS FOR EQUINE INFECTIOUS ANEMIA REQUIRED FOR THE PUBLIC ASSEMBLY OF HORSES, SO AS TO REVISE THE TIME PERIOD DURING WHICH CERTAIN TESTS MUST BE CONDUCTED, AND TO PROVIDE THAT THE COGGINS TEST FOR EQUINE INFECTIOUS ANEMIA, WHETHER ADMINISTERED WITHIN OR WITHOUT THIS STATE, IS REQUIRED TO BE ADMINISTERED ONLY ONCE A YEAR TO ANY HORSE OR ANIMAL REGARDLESS OF THE NUMBER OF TIMES THE ANIMAL IS SHOWN, SOLD, EXHIBITED, OR HOUSED IN A PUBLIC STABLE OR PLACE IN THIS STATE DURING THAT YEAR.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3117 -- Reps. Williams, Inabinett, Gonzales, Wofford, Law, Worley, Holt, Kennedy, Keegan, Wilkes, Stoddard, Kelley, Hallman, Beatty, White, Fulmer, Breeland, McLeod, Scott, Cobb-Hunter, J. Bailey, Anderson, G. Bailey, Hines and J. Brown: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.

Referred to Committee on Judiciary.

H. 3118 -- Reps. Cobb-Hunter, Waites, Williams, Govan, Whipper, McTeer, Inabinett, Breeland, Canty, Keyserling and J. Brown: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO OVERSEE THE IMPLEMENTATION OF THE RECOMMENDATIONS MADE BY THE TASK FORCE FOR SOLVING HOMELESSNESS; TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES; AND TO PROVIDE THAT THE MEMBERS SHALL SERVE WITHOUT COMPENSATION.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3119 -- Reps. Wilkins, Gonzales, Harrison, H. Brown, Koon, Hallman, Baker, Shissias, Fair, Sturkie, Corning, Fulmer, Waldrop, Haskins, Kirsh, Meacham, J. Wilder, Quinn, Elliott, Wofford, Vaughn, Gamble, Sharpe, Cato, Cooper, A. Young, Huff, Simrill, Jaskwhich, Clyborne, Robinson, M.O. Alexander, Wells, Tucker, Cromer, Richardson, Allison, Davenport, Kelley, Lanford, Thomas, Marchbanks, Wright, Riser, Klauber, Keegan, R. Young and Graham: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO STATE OFFICERS BY ADDING SECTION 10 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY, NOT LATER THAN JANUARY 15, 1997, BY GENERAL LAW SHALL PROVIDE FOR AN EXECUTIVE CABINET OF THE GOVERNOR CONSISTING OF NOT MORE THAN FIFTEEN MEMBERS AS HEADS OF DEPARTMENTS ORGANIZED AS FAR AS PRACTICABLE ACCORDING TO MAJOR PURPOSES AND FUNCTIONS AS DETERMINED BY THE GENERAL ASSEMBLY, TO PROVIDE THAT THOSE AGENCIES OR DEPARTMENTS OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT INCLUDED IN THE EXECUTIVE CABINET SHALL PERFORM THEIR FUNCTIONS AND RESPONSIBILITIES UNDER THE AUSPICES AND SUPERVISION OF THE CABINET DEPARTMENT HEAD UNDER WHOSE JURISDICTION THEY COME, AND TO PROVIDE THAT NO SUCH GENERAL LAW SHALL AFFECT THE LEGISLATIVE OR JUDICIAL BRANCHES OF GOVERNMENT, AND THEIR AGENCIES OR FUNCTIONS, AND THAT NOTHING IN SUCH GENERAL LAW SHALL AFFECT OR DIMINISH THE OFFICE, POWERS, OR DUTIES OF THE CONSTITUTIONAL OFFICERS OF THIS STATE.

Referred to Committee on Judiciary.

CONCURRENT RESOLUTION

The following was introduced:

H. 3116 -- Reps. Richardson, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Riser, Robinson, Rogers, Rudnick, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE J. WILTON GRAVES OF BEAUFORT COUNTY, FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

Whereas, the Honorable J. Wilton Graves of Bluffton has died at the age of seventy-seven; and

Whereas, he represented Beaufort County in the South Carolina House of Representatives for approximately twenty-four years and served on the State Highways and Public Transportation Commission for four years after leaving the General Assembly; and

Whereas, he was instrumental in persuading the State to provide ferry service between the mainland and Hilton Head Island in 1953 and to build the island's first bridge several years later; and

Whereas, he was an outstanding and devoted public servant who gave his time, talents, and energy without hesitation for the betterment of Beaufort County and the entire State of South Carolina and who will be greatly missed. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, express sorrow at the death of the Honorable J. Wilton Graves of Beaufort County, former member of the House of Representatives, and extend sympathy to his family and many friends.

Be it further resolved that a copy of this resolution be forwarded to the family of J. Wilton Graves.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3120 -- Rep. Klauber: A CONCURRENT RESOLUTION COMMENDING AND THANKING THE CITIES OF GREENVILLE, GAFFNEY, AND ORANGEBURG FOR THEIR OUTSTANDING EFFORTS IN OVERCOMING THE DEVASTATING RESULTS OF THE ICE STORM OF LATE DECEMBER, 1992, WHICH AFFECTED A SIGNIFICANT PORTION OF THE STATE.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

Rep. WILKINS moved that the House do now adjourn, which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3102 -- Reps. Chamblee, Cooper, P. Harris, Tucker, Townsend and Stille: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF ANDERSON COUNTY DEPUTY SHERIFF CHRISTOPHER LEE TAYLOR, WHO DIED IN THE LINE OF DUTY ON DECEMBER 7, 1992, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 3116 -- Reps. Richardson, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Riser, Robinson, Rogers, Rudnick, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE J. WILTON GRAVES OF BEAUFORT COUNTY, FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 3120 -- Rep. Klauber: A CONCURRENT RESOLUTION COMMENDING AND THANKING THE CITIES OF GREENVILLE, GAFFNEY, AND ORANGEBURG FOR THEIR OUTSTANDING EFFORTS IN OVERCOMING THE DEVASTATING RESULTS OF THE ICE STORM OF LATE DECEMBER, 1992, WHICH AFFECTED A SIGNIFICANT PORTION OF THE STATE.

ADJOURNMENT

At 3:05 P.M. the House in accordance with the motion of Rep. LITTLEJOHN adjourned in memory of Mary H. Johnson, Thomas H. Johnson and James David Johnson of Spartanburg, to meet at10:00 A.M. tomorrow.

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