Indicates Matter Stricken
Indicates New Matter
The House assembled at 11:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
As soon we come to the end of this 1993 Session of the General Assembly, when these desks will be empty and this Chamber will be silent, we now thank You, Lord God, for the many and varied opportunities of service which have been ours during the past weeks and months. We lay our actions at the throne of Your judgment; overrule and bring to nought anything done amiss and contrary to Your will; increase, multiply and use abundantly that which is in keeping with Your mighty plans and purposes.
And during our remaining hours together, continue Your presence. Make our endeavors Your will as we seek earnestly to earn the trust given us and merit the approval of our Heavenly Father. 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 Tuesday, June 15, the SPEAKER ordered it confirmed.
Rep. ROGERS moved that when the House adjourns, it adjourn in memory of William E. S. Robinson of Richland County, which was agreed to.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Baxley Beatty Boan Breeland Brown, H. Canty Cato Chamblee Clyborne Cobb-Hunter Corning Davenport Delleney Fair Farr Felder Fulmer Gamble Govan Hallman Harrell Harris, P. Harrison Harwell Hines Hodges Holt Hutson Inabinett Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McKay Meacham Neal Neilson Phillips Rhoad Richardson Riser Robinson Rogers Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stoddard Stone Stuart Thomas Waites Waldrop Walker Wells Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Friday, June 25.
Harold G. Worley Daniel T. Cooper Ronald P. Townsend William S. Houck, Jr. Douglas Jennings, Jr. James P. Harrelson John W. Tucker, Jr. Douglas E. McTeer, Jr. Alma W. Byrd E.B. McLeod, Jr. Larry L. Elliott Grady A. Brown Teddy N. Trotter Lewis R. Vaughn Marion P. Carnell Robert A. Barber, Jr. Dell Baker Michael F. Jaskwhich Stephen E. Gonzales Richard M. Quinn, Jr. Larry L. Koon C. Alex Harvin, Jr. Harry C. Stille Joseph T. McElveen, Jr. James L.M. Cromer, Jr.
LEAVES OF ABSENCE
The SPEAKER granted Reps. MOODY-LAWRENCE and SNOW a leave of absence for the day.
The SPEAKER granted Rep. WHITE a leave of absence for the day due to illness in the family.
The SPEAKER granted Rep. WHIPPER a leave of absence for the day due to illness in the family.
The SPEAKER granted Rep. J. HARRIS a leave of absence for the day.
The SPEAKER granted Rep. J. BROWN a leave of absence for the day due to illness.
June 23, 1993
The Honorable Lewis R. Vaughn
Designee, Hazardous Waste Management
Select Oversight Committee
Suite 312B, Blatt Building
Columbia, South Carolina 29211
Dear Representative Vaughn:
The Hazardous Waste Management Select Oversight Committee is required by law to annually report to the General Assembly on the expenditures of the Hazardous Waste Management Research Fund and the result of its efforts.
Senator Smith asked me to sent you a copy of the 1992 Annual Report, and ask that you make a motion on Friday, June 25, 1993, to have the report printed in the House Journal.
Thank you in advance for your assistance.
Sincerely,
Claire H. Prince
June 25, 1993
The Honorable Robert J. Sheheen
Speaker of the House
506 Blatt Building
Columbia, South Carolina 29201
Dear Mr. Speaker:
Pursuant to Act 196 of 1989 (Section 44-56-840(C)), enclosed please find the 1992 Annual Report of the Hazardous Waste Management Select Oversight Committee. The Act requires that the Committee report annually to the General Assembly on the expenditures of the Hazardous Waste Management Research Fund.
By copy of this letter, the report will be transmitted for publication in the House Journal.
Sincerely,
J. Verne Smith, Chairman
Hazardous Waste Management
Select Oversight Committee
I. INTRODUCTION
Act 196 of 1989 amended the South Carolina Hazardous Waste Management Act to create the Hazardous Waste Management Research Fund ("Fund"). Funded by a portion of the disposal fees imposed upon generators of hazardous waste, the Fund must be used for research related to waste minimization and reduction as well as for the development of more effective and efficient methods of conducting governmental response actions at uncontrolled hazardous waste sites. The South Carolina Universities Research and Education Foundation ("Foundation"), comprised of the University of South Carolina, Clemson University, South Carolina State University, and the Medical University of South Carolina, is authorized to expend the Fund for research that meets the criteria outlined in the Act.
The Act also provides that a portion of the hazardous waste disposal fees be used to fund hazardous waste minimization and reduction activities within the Department of Health and Environmental Control ("DHEC"). Pursuant to the Act, DHEC established the Center for Waste Minimization, a non-regulatory arm of the agency that provides technical assistance and information to business and industry in South Carolina.
II. THE HAZARDOUS WASTE MANAGEMENT SELECT OVERSIGHT COMMITTEE
The Hazardous Waste Management Select Oversight Committee ("Committee") is charged with monitoring the use of the Fund and overseeing the research efforts and projects approved for funding by the Foundation. The Committee is comprised of ten members who are:
(1) the Governor or his designee;
(2) the Chairman of the House Agriculture, Natural Resources and Environmental Affairs Committee, or his designee;
(3) the Chairman of the House Labor, Commerce and Industry Committee, or his designee;
(4) the Chairman of the Senate Agriculture, Natural Resources and Environmental Affairs Committee, or his designee;
(5) the Chairman of the Senate Labor, Commerce and Industry Committee, or his designee;
(6) the Commissioner of the Department of Health and Environmental Control, or his designee;
(7) one representative of business and industry appointed by the Governor;
(8) one public member appointed by the Governor;
(9) one representative of environmental interests appointed by the Governor;
(10) the Lieutenant Governor, or his designee.
The Chairman is selected by the members of the Committee. The Committee receives staff support from existing staff assigned by the Committee. The Committee is required to submit an annual report to the General Assembly on all funds monitored in accordance with the provisions of the Act.
The Committee met on May 26, 1992 with Senator J. Verne Smith, Chairman of the Senate Labor, Commerce and Industry Committee, continuing to serve as the Chairman of the Committee. The Committee received a status report on the expenditures of the Fund from the Foundation staff. Several representatives from South Carolina industries described the nature of ongoing research efforts that are taking place between their industries and Fund-supported research. The staff of the Center for Waste Minimization at DHEC provided a status report of its activities to assist South Carolina business and industry through information and technical assistance. The minutes of the Committee meetings are kept in the office of Senator J. Verne Smith, Suite 313, Gressette Building, and are available for public inspection.
III. EXPENDITURES OF THE HAZARDOUS WASTE MANAGEMENT RESEARCH FUND
The Foundation is required to submit an annual report to the Committee providing a full accounting for the expenditures of the Fund and the results realized from the research program. The annual report of the Foundation is included herein and made part of this report. The report of the Foundation describes the status of the research projects, and other activities financed through the Fund. This report, an audited financial statement of the Foundation for the year ending June 30, 1992, and the Committee meeting minutes, provide an accounting for all funds monitored by the Committee for 1992. This information is on file and available for inspection at the office of Senator J. Verne Smith.
IV. EXPENDITURES OF THE CENTER FOR WASTE MINIMIZATION
The Center for Waste Minimization received approximately $161, 500 in fees for operation during calendar year 1992. Expenditures by the Center for 1992 totalled $175,500.
During 1992, the Center continued to develop into an easy access source of waste minimization information and technical assistance. In 1992, a total of four hundred clients were served, up from one hundred fifty in 1992. The total number of on-site assessments conducted by the Center staff was one hundred ten, up from sixty assessments in 1991.
Two additional technical assistance specialists and a part-time librarian were added to the Center staff bringing the total number of staff persons to four. The quarterly waste minimization newsletter, "Options," has a circulation list in South Carolina of approximately three thousand readers. A training video titled "To Waste or Not to Waste," was completed with over three hundred copies distributed. A series of waste minimization posters for industrial clients will be published and distributed when an approved EPA grant is received.
V. CONCLUSION
Efforts continue to improve the strength of the academic, government, and corporate links to better address hazardous waste concerns in South Carolina. For 1993, the Committee endorsed Foundation's effort to fund only those research projects that demonstrate direct participation by a corporate sponsor. The goal of the Committee is to ensure that the research projects financed by the Fund are designed to address hazardous and industrial waste problems that are a real and direct concern to business and industry.
In January 1992, the Hazardous Waste Management Research Fund received a total of 28 new proposals for funding. After review, 13 (42 percent) were recommended for funding. With continuation projects considered, the Fund supported
Two projects in Technology and Manufacturing processes;
One project in Education for Hazardous Waste Generators;
Six projects in Site Remediation;
Two projects in Incineration Research;
One project in Industrial Recycling and Reuse; and
One project in Social-Institutional Policy Issues.
The 1992 Joint Conference on Hazardous Waste Reduction was held in Columbia on October 20. Over 180 people from the State attended, including 17% from industry, 6% from environmental groups, 16% from government agencies, 25% graduate students, and 36% faculty. The 1992 Governor's Pollution Prevention Award was given to NCR Corporation's Workstation Products Division, located in Clemson, South Carolina.
In establishing priorities for 1993, the Fund sought ways to ensure a closer working relationship between university researchers and industry. To that end, the 1993 Call for Proposals required that all proposals responding to the Fund's Technology and Manufacturing Process priority have active industrial partners.
The HWMRF will join together with DHEC's Center for Waste Minimization to initiate the South Carolina 33/50 Technical Assistance Project during 1993. This initiative provides research and other assistance to South Carolina firms that set a goal of reducing selected emissions to 50% of 1988 levels by 1995.
The Fund ended the year in a strong financial position and expects to have approximately $900,000 in resources available to fund continuation and new projects during the 1993-94 program year.
Statutory History
The Hazardous Waste Management Research Fund (HWMRF) was established by 1989 amendments to the South Carolina Hazardous Waste Act. In creating the Fund, the General Assembly sought to "...ensure the availability of funds for the conduct of research related to waste minimization and reduction and for the development of more effective and efficient methods of conducting governmental response actions at uncontrolled hazardous waste sites." Funding for this initiative is provided by a fee imposed upon generators of hazardous waste. Revenues generated by the fee are periodically transferred to the South Carolina Universities Research and Education Foundation.1
1 The South Carolina Universities Research and Education Foundation (SCUREF) was incorporated in 1988. The purpose of the Foundation is to allow The University of South Carolina, Clemson University, the Medical University of South Carolina and South Carolina State University to pool their resources and talents to develop special programs, technologies, and expertise to conduct research and enhance educational opportunities in the State of South Carolina, SCUREF is administered though a Board of Directors consisting of the Presidents of the four academic institutions.
Legislation authorizing the creation of the Fund called for the establishment of "a comprehensive research program to improve current hazardous waste management practices with particular emphasis on waste minimization and reduction and the development of more effective and efficient methods of conducting governmental response actions at abandoned or uncontrolled hazardous waste sites." Initiatives supported through the Hazardous Waste Management Research Fund are mandated to
(1) have a direct and positive impact on waste minimization and reduction in this State;
(2) recommend strategies to deal effectively with major existing hazardous waste management problems in this State and to improve current hazardous waste management practices;
(3) examine and provide recommendations on cost-effective hazardous waste management techniques and new or emerging technologies for use in the public and private sectors (including effective methods of cleaning up abandoned or uncontrolled hazardous waste sites);
(4) provide hazardous waste management education, training, and public information; and
(5) assess the impact of existing and emerging hazardous waste management practices on the public health and environment.
Organizational Structure
The HWMRF organizational structure is composed of a central unit, the Director of the Fund and relevant support staff, that handles the day to day operations of the Fund. In addition, the Director of the Fund is assisted by committees and panels to ensure that the Fund's mission and goals reflect the needs of South Carolina. The Director of the Fund is responsible to the Chief Operating Officer of SCUREF and its Board and to the Select Oversight Committee appointed by the Governor of South Carolina. Key elements of the Fund include:
The Director of the HWMRF and relevant support staff.
A Technical Advisory Committee, composed of representatives from SCUREF universities, South Carolina industry, environmental groups representing statewide constituencies and the Department of Health and Environmental Control. The Committee has the responsibility for setting annual funding priorities and reviewing proposals with respect to those priorities.
A National Scientific Review Panel to serve as the primary evaluation mechanism for proposed HWMRF projects.
The Select Oversight Committee, created by action of the General Assembly, to review the activities and financial status of the Fund.
Membership on the HWMRF Technical Advisory Committee for 1992 included the following individuals:
Mr. Bill Buck, Allied Fibers
Mr. J. Walker Coleman, Medical University of South Carolina
Mr. Lynn Cooper, Michelin Tire Corporation
Mr. Jeff de Bessonet, Department of Health & Environmental Control
Mr. Gary Dowell, Sybron Chemicals, Select Oversight Committee
Ms. Trish Jerman, S.C. Wildlife Federation
Dr. Tom Keinath, Clemson University
Dr. Mary Kelly, League of Women Voters
Ms. Claire H. Prince, S.C. Senate Labor, Commerce and Industry Committee
Mr. Harmon Shade, DuPont
Ms. Nancy Stone-Collum, Sierra Club
Dr. Tom Whitney, South Carolina State University
Responsibilities of the various components of the Fund are shown in Figure 1.
HWMRF
Structures
HWMRF Technical National Select
Staff Advisory Review Oversight
Activity Committee Panel Committee
Adminis- l.Provides for housing, l.Reviews HWMRF
tration facilities, and fiscal administration &
management. fiscal management.
Establishing l.Works with USC, I.Drafts annual l.Review & comment
HWMRF MUSC, Clemson, SC statement of program on content of
Program State, & DHEC to priorities. priority statement.
Priorities organize annual waste
reduction 8c minimization
conference and workshop;
open to public.
2.Appoints Technical
Committee and convenes.
Issuing l.Prepares Call for l.Review and comment
Annual Proposals based on on CFP.
Call for statement of program
Proposals priorities.
Review of l.Appoint National l.Review proposals l.Review proposals
Proposals Review Panel. Screen after review by for feasibility,
proposals for National Panel. scientific merit
completeness select Primary criteria and related criteria
appropriate review relate to state
team from Review needs. Rank proposals.
Panel
Making l.Make awards consistent
Awards with Technical Committee
rankings. Negotiate
budgetary matters as
necessary.
Project
Monitoring l.Receive Quarterly l.Review Quarterly l.Review Quarterly
Progress Reports from Progress Reports. Progress Reports.
awardees. Disseminate
to Technical Committee
and Select Oversight
Committee.
HWMRF
Structures
HWMRF Technical National Select
Staff Advisory Review Oversight
Activity Committee Panel Committee
Dissemi- l.Publish or cause to
nation be published, on Technical
Committee/National Review
Panel advice, results deemed
useful to the States's waste
reduction & minimization goals.
An approximate annual timetable for HWMRF activities is shown in Figure 2. The annual cycle begins with a Fall Conference. To ensure continuing responsiveness to issues and problems relating to hazardous waste in South Carolina and to ensure that funds are expended on high priority problems, the Fund reviews its funding priorities on an annual basis. Key elements of the review process include the following:
In the late Summer of each year, the members of the Technical Advisory Committee and staff may meet with principal investigators supported by the Fund to explore the implications of project results for future funding priorities.
In the Fall of each year, an open conference on hazardous waste reduction in South Carolina brings HWMRF principal investigators, South Carolina industry, environmental groups, state government and concerned citizens together to examine strategies for waste reduction and for solving the State's abandoned/uncontrolled site problem. Conference participants are provided with the opportunity to make suggestions for Fund strategies in the light of current knowledge and prevailing state problems.
Drawing on these processes, the Technical Advisory Committee establishes program priorities. This statement of program priorities serves as the basis for issuing the annual Call for Proposals in December.
___________________________________________________________________________________________
Annual Timing Activity
___________________________________________________________________________________________
October Annual statewide Conference on Hazardous Waste Reduction
November Technical Committee drafts statement of priorities for research and other activities
December Issue Annual Call for Proposals
February Proposals received and given preliminary review by HWMRF staff
Proposals sent to National Review Panel and to Technical Advisory Committee
March Annual Report to Select Oversight Committee
National Review Panel reviews and recommendations forwarded to Technical Advisory Committee
HWMRF staff initiates Annual Conference planning
April Technical Advisory Committee completes final review of proposals and establishes ranks for funding
HWMRF staff conducts budget negotiations and makes awards based on Technical Committee rankings
June/August Projects start-up
II. Progress In Waste Minimization: The Third Year
In response to the Call for Proposals, during 1992 the HWMRF received a total of twenty-eight proposals in addition to three multi-year continuation proposals from faculty at SCUREF institutions. The Technical Advisory Committee recommended 1992 -1993 support be given to 13 projects (42%). Following is a brief summary of HWMRF 1992 - 1993 funded projects by priority area.
I. Technology and Manufacturing Processes
In cooperation with the State Development Board and the Department of Health and Environmental Control's Center for Waste Minimization, a graduate engineering student from the University of South Carolina will work with the Center and the Development Board to provide technical assistance, on-site assessments, and technological information to new and existing industries. The project is currently in the start-up phase and most of its effort goes into marketing itself and the concept of waste minimization. Numerous contacts were made in its first year and are increasing steadily.
1,4-Dioxane is a byproduct of polyester fiber synthesis and is a common constituent in fiber manufacturing wastewaters. It is resistant to biodegradation in typical wastewater treatment facilities and thus is discharged in the effluent. Because a portion of it is sorbed onto biological sludges generated during wastewater treatment and disposed of in landfills, 1,4-dioxane is commonly found in leachates and groundwaters at such facilities. The research proposed herein will develop a system that may be used at the point of generation of 1,4-dioxane containing wastewaters to destroy the 1,4-dioxane before those wastewaters are intermixed with other wastewaters at a fibers production facility, thereby eliminating the 1,4-dioxane problem. The same system may also be used to remove 1,4-dioxane from contaminated groundwater and landfill leachate. This research will investigate the feasibility of the system at laboratory scale and provide the information needed by the cooperating industries to implement it at pilot scale.
II. Education for South Carolina Hazardous Waste Generators
This project continues the technical education process for South Carolinians begun two years ago in providing technical seminars in pollution prevention/waste reduction/waste minimization. The primary target audience, as before, will be technical and engineering staff of South Carolina industries. However, representatives from government, consulting firms and law firms are welcomed.
This year's effort will also include the development of survey instruments to determine the effectiveness of past seminar series and to explore the development of appropriate topics for this series. This activity is significant to South Carolina in that it furthers the state of knowledge of waste minimization in the industries which generate much of the state's waste.
III. Site Remediation
Practical solutions and innovative, cost-effective techniques are required to remediate ground water and subsurface sediment contamination from various pollutants including hydrocarbons, solvents and pesticides. In situ bioremediation is particularly appealing because there is little perturbation of the environment, H is relatively cost-effective and often results in complete degradation of contaminants to mineral elements.
The U.S. Navy in cooperation with the U.S. Geological Survey proposes to restore a jet fuel contaminated aquifer in Hanahan, South Carolina using a combination of hydraulic containment and in situ bioremediation. This study proposes to examine microbial numbers, activities and concentrations of several contaminants in sediments and ground water as they change during the remediation project in order to identify the processes responsible for contaminant removal. This will improve system efficiency and be useful in predicting the potential application of in situ bioremediation at other sites. The Hanahan project provides a unique opportunity to South Carolina to develop expertise on in situ bioremediation. This is timely because South Carolina must both regulate, assess and implement the best technology for remediation of contamination at hazardous waste sites across the State.
The purpose of this research project is to work towards eliminating the constraints on the usefulness of pump and treat and in situ remediation technologies by investigating the effects of biodegradation and the alteration of pH and ionic strength of the flushing media on the rate and extent of desorption of organic contaminants sorbed to soil. Emphasis is being placed on the effects on the desorption rates of the nonlabile fraction and on the magnitude of the irreversibly sorbed fraction. Two types of contaminants are being tested on two types of soils, and all contaminant/soil mixtures are being exposed to mineral solutions at two pH values and two ionic strengths in the presence and absence of biomass capable of mineralizing the contaminants. The effect of time of exposure of a soil to a contaminant on the removability of the contaminant will also be investigated. The results will be used to improve both pump and treat and in situ remediation technologies by facilitating desorption of organic contaminants from soil.
Leaks of gasoline and industrial solvents from underground storage tanks and accidental spills pose a serious threat to subsurface water supplies in many parts of our country. In South Carolina alone, over 300 cases of groundwater contamination by gasoline and industrial solvents have been reported (South Carolina Department of Health and Environmental Control,1988). At most contamination sites, pump-and-treat remediation practices alone are not effective in removing low solubility hydrocarbon contaminants which are typically present in groundwater as nonaqueous phase liquids (NAPLs). Based on previous work in the petroleum industry and ongoing work in our laboratory, alcohol flooding is therefore being proposed as an alternative remediation technique.
The overall goal of this project is to determine if alcohol flooding can provide an effective and safe technique for removing immiscible contaminants from groundwaters. This proposal is a continuation of our first year's work and focusses on remediation of dense NAPL (DNAPL) contaminants such as chlorinated hydrocarbons (CHCs). Continuation of experimental investigations and initiation of numerical modeling studies are planned for the second year. The numerical modeling will be particularly helpful in gaining quantitative insights into the physical and chemical processes that control DNAPL and alcohol behavior. Modeling results will also provide the basis for future extrapolation of experimental results to field conditions. Based on our findings, we hope to submit a follow-up proposal to test the applicability of alcohol flooding in a pilot field study.
PCB's and dibenzodioxins are serious pollutants in hazardous waste sites and sediments in South Carolina, the Nation and most countries of the world. Methods have been developed to remove them from used oil, but their removal and destruction from soil e.g. incineration, is impractical and expensive. We propose to study their decomposition in the presence of soil and sludge using microwave energy and a base e.g. sodium hydroxide or calcium oxide. If this is successful (one positive preliminary experiment) the procedure would permit the destruction of the toxic materials at - or near - the waste site, cheaply, and with no possibility of hazardous emissions (unlike incineration). Microwave energy heats samples from the inside out, unlike conventional sources of energy, so that destruction of the pollutants embedded deep within the soil layers will be easily achieved, and much faster than with other forms of energy, with concomittant savings of energy and time.
Chemical uptake by wildlife species and resulting biochemical responses will be quantified at two hazardous waste sites in South Carolina. Chemical bioavailability, trophic movement, and biochemical effects will be used to determine Ecological Risk for hazardous waste sites. Study species will be chosen from a potential food web. Risk assessments will be based on uptake of the chemicals by invertebrate, mammalian and reptilian species. Ecological risks will be added to existing data from the National Priority List of Superfund sites to produce hazard rankings for both sites.
Air sparging/venting is an in-situ groundwater and soil remediation technique that has gained a favorable reputation with the United States Environmental Protection Agency (USEPA). The technique is effective because both physical and biological removal of volatile organic compounds (VOCs) is enhanced. While remediation of contaminated soils by this technique has been demonstrated for sites with high air-phase permeability, the feasibility of air sparging/venting in low permeability soils has not been explored (e.g., near-surface soils of the Appalachian Piedmont).
By investigating the effectiveness of air sparging/venting at a site in South Carolina's Piedmont region, the question of its applicability to potentially hundreds of sites in the State will be addressed. A field application combined with extensive environmental monitoring will allow investigators to address many of the remaining technical questions concerning the effectiveness of this In-situ treatment technique in low permeability settings.
IV. Incineration
South Carolina has two permitted hazardous waste incinerators that handle a significant fraction of the hazardous wastes from South Carolina and the southeastern U.S. In addition, cement kilns at two facilities currently burn large quantities of hazardous waste fuels. This project sustains research that focuses on the emissions of heavy metals from these thermal destruction facilities in South Carolina. Better understanding of mechanisms determining the emission of heavy metals and of methods to control these emissions will lead to better operation and greater public confidence in hazardous waste facilities in South Carolina.
It is proposed that it might be more cost effective to find methods to tie up hazardous metals within the combustion chamber before investigating the effect of adding air pollution control devices. The first step would be to investigate the interactions of metal species with substances able to bind the metals in the incinerator, and to investigate the variables of atmosphere and temperature on these metal-solid interactions.
Incineration is an increasingly employed option for treating hazardous waste despite numerous questions regarding the impact of hazardous waste incinerators on the health of the surrounding communities. The goal of this project is to investigate respiratory effects of hazardous waste incineration by combining an innovative approach to exposure estimation (linking dispersion modeling with Geographic Information Systems) with a survey of community residents living or working near a hazardous waste incinerator. Data will be compared to similar study and control communities in North Carolina. Finally, a protocol will be developed and pilot tested for a longitudinal study to assess respiratory health effects, including physiologic parameters of respiratory function. This will be the first study in this State to provide objective information on the prevalence of respiratory health effects among residents living near a hazardous waste incinerator. In addition, this study will break new ground in its innovative use of dispersion modeling to obtain individual exposure estimates - frequently a source of bias in many community health investigations.
V. Industrial Recycling and Reuse
South Carolina's two hazardous waste incinerators produce solid residuals as a consequence of the incineration process, and these residuals must be disposed of in hazardous waste landfills due to the EPA "derived from" rules. Public concern over incineration arises both from air emissions and from landfill disposal of residues. Reduction of the landfill disposal requirements for incinerator residual, alteration of the residual to produced safe or non-leachable materials, and recycling of these materials in forms beneficial to society are broad goals for the outcome of this research which will influence society's perception of incineration. Incinerator residuals are mixed salts and oxides of calcium, aluminum, iron, and silicon. The oxide residuals have a chemical analysis which is remarkably similar to the crystalline mineral basalt which is a very hard and durable construction material. This project will alter the chemistry of oxide residuals to achieve the optimum analysis, produce a vitrified slag, and heat treat that slag to produce a hard and non-leachable recrystallized material. While similar efforts have been made with high level nuclear waste, these techniques have not been used with incinerator residual where both safety (leaching) and utility for construction (strength) have been demonstrated.
VI. Social-Institutional Policy Issues
The investigators propose to develop a health-related information and response system that would directly serve the State's citizens as well as those industries associated with and/or interested in waste production, collection, management, and disposal. This system will draw largely on existing information/data sources and has potential for timely inexpensive implementation given appropriate pre-planning. Because of the importance and complexity of the project, careful planning is particularly critical and seed funds are being sought for one year to make possible the planning and design of the proposed system. Currently, waste-related concerns are addressed almost arbitrarily by a wide and diverse array of independent government agencies, researchers, and industries (when they are addressed at all). Neither the public nor the managers of plants and other waste sites have convenient, consistent or reliable access to information. Further, few resources are available to provide a timely and reliable response, and those that do respond vary greatly.
This seed proposal deals with the initial phase associated with development of a simplified and limited data base made up of morbidity and mortality information for all areas of South Carolina. In responding to management or public questions and concerns, these data will be retrievable in a user-friendly format and ideally will be accompanied by expert advice as to the practical meaning of the information. The expert advice would come specifically from proposed panels comprised of representatives of state and local health departments, federal regulatory agencies, scientists, and industry. In summary, the aim of this planning effort is to construct a kind of dynamic information system, wherein the data base is only the first component in an active response system.
1992 Joint Conference on Hazardous Waste Reduction
The 1992 Joint Conference on Hazardous Waste Reduction was held in Columbia on October 20. The Conference brought together representatives of business, industry, government, environmental groups, universities and concerned citizens to examine more effective hazardous waste reduction and management strategies. Over 180 people from all over the State attended the Conference. Of those who attended, 17% were from industry, 6% were from environmental groups, 16% were from government agencies, 25% represented graduate students, and 36% represented academia.
Presentations at this year's Conference during the morning included a session that highlighted the research efforts and technology aimed at remediating existing hazardous waste sites in South Carolina. A unique addition to this year's Conference, the poster session, gave participants and principal investigators the opportunity to discuss HWMRF projects on a one-on-one basis. Mr. Harry Freeman, Chief of the Pollution Prevention Branch at the EPA's Risk Reduction Engineering Laboratory, presented the keynote address.
Additional activities at the Conference included a panel discussion focusing on various facets of environmental law as it relates to S.C. industry. U.S. Attorney John Simmons, one of the members of the panel, explained current developments in the federal prosecution of offenders of environmental regulations. A case study session profiled approaches to pollution prevention in South Carolina. Participants were given the opportunity to identify South Carolina's priority hazardous waste problems to help shape the 1993 research agenda of the Fund.
1993 Program Priorities
In November, following the 1992 Joint Conference on Hazardous Waste Reduction, the Technical Advisory Committee of the HWMRF established the 1993 HWMRF program priorities. These priorities were incorporated into the 1993 HWMRF Call for Proposals and 1993 Guidelines. In early December, the Call for Proposals was disseminated to faculty in the SCUREF institutions.
To ensure that research results are directly applicable to hazardous waste issues in South Carolina, applicants responding to the Fund's Technology and Manufacturing Processes priority are required to establish research partnerships that directly involve one or more South Carolina industries in proposed activities. Applicants submitting proposals addressing other priority areas are strongly encouraged to seek the direct participation of South Carolina industry where feasible. Partnerships may take a variety of forms, ranging from advisory and review relationships to full financial partnerships.
The 1993 Fund priorities again focused on three areas: waste reduction, waste management, and education. In the waste reduction area, the announcement recognizes that improving manufacturing technologies and processes to reduce the amount of hazardous wastes generated is a key step to pollution prevention. For the 1993 funding cycle, projects addressing hazardous waste reduction technology and manufacturing processes will be given the highest priority for new funding. The Fund is seeking proposals that develop practical approaches to transferring technology from one location or industry to another, especially for small to medium-sized industries. The Fund also called for technology demonstration and evaluation projects with a wide applicability to a large class of industrial hazardous waste generators.
The Fund is interested in innovative proposals that address new technology development, including those that (1)identify and develop substitute feedstocks; (2) seek to develop safe and effective substitutes for hazardous solvents; (3) seek to identify and develop processes for dealing with dilute waste streams; (4) seek to develop technologies to reduce levels of toxic emissions into the air; and (5) seek to synthesize knowledge about and evaluate substitute solvents for replacement of CFCs. The Fund also encourages innovate projects that contribute to industrial recycling, reuse and waste exchange.
Proposals were also invited on several important social-institutional policy issues, including:
(1) Measurement of waste generation levels and changes, including TRI;
(2) Analysis of the Toxic Use Reduction issue;
(3) Analysis of Incentives and Disincentives for Waste Reduction/Recycling;
(4) Analysis of the effect of JIT Manufacturing on Waste Production;
(5) Analysis of policy options relating to out-of-state wastes in South Carolina;
(6) Development of policy options for dealing with Household Hazardous Wastes; and
(7) Review and analysis of South Carolina's State Superfund Program.
In the area of waste management, the fund called for research addressing (1) the problem of remediating abandoned and uncontrolled sites, and (2) in-situ remediation of soils and groundwater. The Fund is providing continuing support to a number of ongoing projects relating to site remediation issues. For the 1993 funding cycle, new projects in this area will be a lower priority; thus, any proposals must be extremely innovative and competitive.
Finally, the Fund called for proposals to establish an aggressive educational outreach program that will inform South Carolina Industries regarding effective strategies to reduce and manage hazardous wastes. The Fund is particularly interested in programs designed to reach small to middle sized industries in the State as well as supporting the development of a cost-effective waste reduction education program aimed at South Carolina workers. In addition, the Fund is interested in supporting a public educational effort that would contribute to the reduction and more effective management of hazardous wastes from households and other small quantity generators.
1992 Governor's Pollution Prevention Award
The Fund worked with the Office of the Governor to include the Governor's Pollution Prevention Award as a part of the Conference proceedings for the third consecutive year. The Award is intended to recognize the achievements of South Carolina businesses and industries that have already exhibited outstanding commitment to protecting South Carolina's environment through innovative hazardous waste reduction and minimization practices.
Entries were judged by the Fund's Technical Advisory Committee. The committee evaluated entries based on criteria that included the amount of waste reduction achieved, documented cost savings, innovative pollution prevention technologies, environmental benefits, commitment by management, and innovative remedial actions taken to correct problems caused by previous waste management activities.
NCR Corporation's Workstation Products Division of Clemson was recognized as the winner of the 1992 Governor's Pollution Prevention Award. Senator Verne Smith of Greenville presented the award to NCR representatives at the conclusion of the Conference. The NCR program, now in its second year, eliminates the need to clean circuit boards after soldering, thereby also eliminating the need for cleaning solvents, especially Freon TMS, an ozone-depleting chlorofluorocarbon.
The South Carolina 33/50 Industrial Assistance Project
The HWMRF has taken the lead in developing the South Carolina 33/50 Industrial Assistance Project. Through an EPA matching grant, the Fund will leverage HWMRF money to enable South Carolina's state-based pollution prevention program to expand and address pollution prevention from a multi-media approach, provide special training opportunities for companies, and assist companies participating in EPA's Industrial Toxics Project.
EPA's Industrial Toxics Project targets 17 specific chemicals that are reported and tracked in the Toxic Release Inventory (TRI). Through the "33/50 Program", the industrial toxics project seeks to reduce aggregate environmental releases of targeted chemicals by 33 percent by the end of 1992 and by at least 50 percent by 1995. To support the objectives of the national 33/50 program, the South Carolina 33/50 Industrial Assistance Project seeks to provide outreach, technical assistance, and basic research and development to selected South Carolina firms that elect to pursue 33/50 goals. To accomplish these objectives we propose to draw on the resources of the State's existing waste minimization program along with the educational, technical, and research capacities of our principal research universities.
P2SC: Pollution Prevention In South Carolina
This project adds another dimension to the Fund's outreach activities through the development of P2SC: Pollution Prevention in South Carolina. P2SC is designed to be a quarterly publication that will reach all South Carolina's hazardous waste generators. The publication will serve four broad purposes, including:
1. Educating South Carolina generators about source reduction as an alternative to waste management;
2. Spotlighting South Carolina industries that have successfully integrated source reduction into their manufacturing processes;
3. Providing access to national and international information resources that will assist South Carolina industries in their efforts to reduce hazardous waste; and
4. Disseminating the results of HWMRF supported projects to all generators in the State.
The structure of P2SC will develop as the magazine matures. At the outset, however, the initial issues will contain the following sections:
• One or two lead articles focusing on the rationale for pollution prevention as an alterative to end of the pipe treatment.
• South Carolina Success Stories will include write-ups of in-state industries that have successfully implemented pollution prevention programs.
• "How to" - Reprints and Resources will draw on the already existing public domain literature that serves as an industry specific guide to pollution prevention strategies.
• Abstracts will be used in many instances along with an indication of how to obtain further information. A resource network directory will also be included. It will provide names, addresses and phone numbers of resources that might help in pollution prevention efforts.
• "The Fine Print" will discuss new and pending regulations and provide other "tidbits" of helpful information.
• "Viewpoints" will offer an opportunity for industry, government, academics, environmental group leaders and other to express opinions on issues related to pollution prevention.
• "Tech Transfer" will help South Carolina industry keep abreast of new technologies available for licensing. Materials for this section will be drawn from the National Technology Transfer Center, WSRC's Technology Transfer Office, and Technology Programs at the State's universities.
• "The Calendar" will provide a listing of workshops, seminars, conferences and other programs relevant to pollution prevention in South Carolina.
Working Papers & Research Reports
One of the objectives of the HWMRF is to ensure that results of research and other programs are disseminated to industry throughout South Carolina. To meet that objective, the HWMRF Working Paper Series was created. The working papers consist of final HWMRF project reports as well as other research reports deemed as useful for publication and eventual dissemination. The following is a list of the working papers series:
PAPER AUTHOR(S)
Analysis of Hazardous Waste Generation
in South Carolina John S. Morse
Assessment of Waste Minimization in South
Carolina Industry Eric H. Snider
Thomas J. Overcamp
The Status of Hazardous Waste Management
Research in the Southeast Kevin J. Farley
Issues in the Development of Waste
Reduction Programs Anthony S. McAnally
Issues in Abandoned Hazardous Waste Site
Management Alan W. Elzerman
The Potential of Biological Processes for
Remediation of Contamination Produced by
Industries in South Carolina James R. Yates
Profile on Management of Infectious Waste in
South Carolina Hospitals Janet Z. Temple
Issues in Hazardous Waste Incineration Thomas J. Overcamp
Continuous Monitoring of Incinerator
Emissions: A Near Term Possibility? John S. Morse
Feasibility of Incinerator Health
Effects Studies C. Eugene Feigley
Caroline A. Macera
Carlton A. Hornung
Daniel T. Lackland
On motion of Rep. VAUGHN, the report was ordered printed in the Journal.
The following was received.
Columbia, S.C., June 25, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on R191, S. 254 by a vote of 0 to 42.
(R191) S. 254 -- Senator Drummond: AN ACT TO AMEND SECTION 40-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PHARMACY, SO AS TO PROVIDE THAT CONGRESSIONAL DISTRICT NOMINEES FOR APPOINTMENT TO THE BOARD BY THE GOVERNOR MUST BE ELECTED BY PHARMACISTS RESIDING IN THAT DISTRICT; TO AMEND SECTION 40-43-420, RELATING TO PHARMACY FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO PROVIDE THAT CERTAIN FEES ARE IN EFFECT UNTIL THEY ARE SET IN REGULATION; TO REPEAL SECTION 40-43-480, RELATING TO FUNDING IN THE 1986 APPROPRIATIONS ACT; AND TO REAUTHORIZE THE STATE BOARD OF PHARMACY FOR SIX YEARS.
Very respectfully,
President
No. 107
Received as information.
The following was received.
June 16, 1993
The Honorable Robert J. Sheheen
Speaker of the House
State House
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3531, R. 252, an Act:
TO AMEND CHAPTER 25, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 SO AS TO PROVIDE FOR SMOKE DETECTOR REQUIREMENTS IN RESIDENTIAL DWELLINGS, INCLUDING MANUFACTURED HOUSING, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
I understand the General Assembly's sentiments in passing this legislation. I too am deeply saddened by the tragic loss of life in residential fires and I wholeheartedly support, in substance, efforts to combat this problem in our State. As you may know, my wife Iris has served as chairman of the "Get Alarmed South Carolina" campaign, which has made tremendous strides in fighting residential fire deaths through the promotion and free distribution of smoke detectors.
The volunteer firefighters in this State deserve our gratitude for their hard work in preventing these tragic fatalities. I want them to know their public service has not escaped my attention. They are integral players in our struggle to save lives.
In contrast to this legislation, their efforts in this campaign emphasized voluntary actions by individuals. They have promoted rather than mandated the use of these lifesaving devices.
Governments today are encroaching upon too many aspects of private life in this country. Someone must draw the line somewhere. I feel compelled to do just that with this bill.
While the intentions behind this legislation are laudable, the potential effects are deeply troubling. If we mandate smoke detectors for all homes because people might die without them, must we then require radon gauges and burglar alarms? Would an ever-growing, ever-intrusive government dispatch teams of home inspectors to pry into the personal lives of every citizen of this State?
This is the time and the place to check the powers of the therapeutic state. Our citizens must take personal responsibility for the protection of their families within the private home.
In addition, this bill contains language related to potential liability for home sellers that I find very troubling. When a homeowner in South Carolina chooses to sell his residence, he should be able to do so without the threat of potential liability from a future fire death in the home hanging as a sword over his head. I do not believe that adequate steps have been taken in this legislation to protect innocent homeowners who sell homes they believe to be adequately protected from fire.
While I realize that language was inserted in an effort to alleviate this concern, I am not certain that this additional wording effectively abrogates this problem. I will not sign legislation that may become a breeding ground for frivolous litigation.
I understand the General Assembly's desire to mitigate the tragedies that this Act addresses and I stand ready to seek alternatives to this legislation. I recommend that the state's building code be revised in a manner that promotes the use of smoke detectors prospectively in newly constructed homes. I will support legislative efforts to do so.
Despite the strong support this Act enjoyed in the legislature and among organized groups, my objections are heartfelt. Therefore, I return H. 3531, R. 252 without my signature.
Sincerely,
Carroll A. Campbell, Jr.
Governor
Reps. LITTLEJOHN and HARWELL spoke against the veto.
Reps. FAIR, TOWNSEND and CLYBORNE spoke in favor of the veto.
Reps. HOUCK, ASKINS, T.C. ALEXANDER and G. BAILEY spoke against the veto.
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, T.C. Anderson Askins Bailey, G. Barber Baxley Beatty Boan Breeland Brown, G. Byrd Canty Carnell Chamblee Cobb-Hunter Cromer Delleney Elliott Felder Govan Harrelson Harris, P. Harvin Harwell Hines Hodges Holt Houck Inabinett Kennedy Keyserling Kirsh Law Littlejohn Martin Mattos McAbee McCraw McLeod McTeer Neal Neilson Phillips Richardson Rogers Scott Sheheen Tucker Waites Walker Wilder, D. Wilder, J. Wilkes Williams Worley
Those who voted in the negative are:
Alexander, M.O. Allison Bailey, J. Baker Brown, H. Cato Clyborne Cooper Corning Davenport Fair Farr Fulmer Gamble Gonzales Hallman Harrell Harrison Hutson Jaskwhich Keegan Kelley Kinon Klauber Koon Marchbanks Meacham Quinn Rhoad Riser Robinson Rudnick Sharpe Shissias Simrill Smith, R. Spearman Stoddard Stone Stuart Thomas Townsend Trotter Vaughn Waldrop Wells Wilkins Witherspoon Wofford Wright Young, A. Young, R.
So, having failed to receive the necessary vote the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
I voted to sustain the Governor's veto of H. 3531. I did so because I have questions with the enforcement of this bill, I am concerned about potential legal liabilities created by this bill, and I do not favor government mandating such a requirement. Among other things, this bill interferes with our private property and freedom interests and rights. Nonetheless, I support efforts to encourage owners of existing homes and owners of other existing dwellings to install smoke detectors. I would favor less obtrusive legislation to achieve this goal, such as a law mandating an insurance credit for homes equipped with smoke detectors.
Rep. ALFRED B. ROBINSON, JR.
I was out of the chamber tending to delegation business in the Senate chamber when the vote was taken to sustain the Governor's veto of H. 3531, the smoke detector bill. Had I been present, I would have voted AYE to override the veto.
Rep. DOUGLAS JENNINGS, JR.
I fully support the concept of every home in S.C. to have a working smoke detector. However, this bill could also be the catalyst of many frivolous law suits that could continue to logjam our court system.
Rep. J. GARY SIMRILL
Rep. BECKY MEACHAM
Rep. MARGARET J. GAMBLE
Rep. JAMES S. KLAUBER
Rep. ELSIE RAST STUART
Rep. ANNETTE YOUNG
The following was received.
June 16, 1993
The Honorable Robert J. Sheheen
Speaker of the House
State House
Post Office Box 11867
Columbia, South Carolina 29202
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 4162, R-235, an Act:
TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1993-94 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1993-94.
On June 2, 1992, I vetoed H. 4799, R-496, based upon an opinion of the Attorney General's Office dated June 1, 1992. Because H. 4162, R-235 is identical to H. 4799, R-496, this veto is also based upon the same Attorney General's Opinion. The opinion states:
It has been, and continues to be, the opinion of this Office that sections one through six and eight through ten of this act are most probably unconstitutional...
The political subdivisions, agencies or commissions listed in sections one through six, eight, and nine are located wholly within Charleston County. Thus, H. 4799, R-496 of 1992 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that '[n]o laws for a specific county shall be enacted.' Acts similar to H. 4799, R-496 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7...
Historically, bills identical to the present H. 4162, R-235 were vetoed in 1990 (H. 5059, R-622) and 1991 (H. 3959, R-128) based on an Attorney General's opinion dated May 30, 1990.
Sincerely,
Carroll A. Campbell, Jr.
Governor
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:
Bailey, J. Barber Breeland Fulmer Gonzales Hallman Harrell Holt Hutson Inabinett Young, R.
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 15, 1993
The Honorable Robert J. Sheheen
Speaker of the House
State House
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 4211, R. 268, an Act:
TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO THE BOUNDARIES OF WESTERN CAROLINA REGIONAL SEWER AUTHORITY, SO AS TO ADD A NEW AREA TO THE TERRITORY OF THE AUTHORITY AND PROVIDE THAT TAXES ON RATES OF PERSONS LIVING IN THE AREA BEFORE THE EXPANSION MAY NOT BE INCREASED BECAUSE OF THE EXPANSION OF THE TERRITORY.
I am vetoing this bill at the request of the sponsors, Senator O'Dell and Representative Cooper because Section 3 of this bill violates Article X, Section 6 of the Constitution of South Carolina.
Enforcement of this legislation would result in differential tax treatment of the citizens served by the Western Carolina Regional Sewer Authority. The case of Celanese Corp. v. Strange, 272 S.C. 399, 252 S.E.2d 137, interpreting Article X, Section 6, clearly requires public service districts to offer uniform services to all of its residents and does not permit differential treatment or withholding of services. The result of this legislation would be otherwise.
It is for this reason that I return H. 4211, R. 268 without my signature.
Sincerely,
Carroll A. Campbell, Jr.
Governor
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:
Anderson
Those who voted in the negative are:
Alexander, M.O. Chamblee Clyborne Cooper Harris, P. Mattos Stoddard Townsend Tucker Vaughn Wright
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
The following was received.
June 16, 1993
The Honorable Robert J. Sheheen
Speaker of the House
State House
Post Office Box 11867
Columbia, South Carolina 29202
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3562, R-220, an Act:
TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR BAMBERG COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF BAMBERG COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO AMEND ACT 201 OF 1991 RELATING TO THE ABOLITION OF THE ORANGEBURG COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT IF A VACANCY OCCURS ON A SCHOOL DISTRICT BOARD, THE ORANGEBURG COUNTY LEGISLATIVE DELEGATION SHALL APPOINT A TRUSTEE TO FILL THE UNEXPIRED TERM.
This veto is based upon an opinion of the Attorney General's Office dated June 16, 1993. The opinion states:
R-220 could face a challenge pursuant to Article III, Section 17 of the State Constitution which provides:
Every Act or resolution having the force of law shall relate to but one subject, and that shall be expressed in the title. ...Therefore, we would advise that H. 3562, R-220 would be of doubtful constitutionality...
While I commend the Bamberg Legislative Delegation for making these changes for efficiency and better government, the Senate amendment appears to render this legislation unconstitutional.
Therefore, for the above reasons, I am returning this Act without my signature.
Sincerely,
Carroll A. Campbell, Jr.
Governor
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:
Rhoad Wilder, J.
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 16, 1993
The Honorable Robert J. Sheheen
Speaker of the House
State House
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 4218, R-269, an Act:
TO ESTABLISH THE BOARD OF ELECTION AND REGISTRATION FOR UNION COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR UNION COUNTY, AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE BOARD OF ELECTION AND REGISTRATION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE UNION COUNTY ELECTION COMMISSION AND THE UNION COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW UNION COUNTY BOARD OF ELECTION AND REGISTRATION UNTIL THE MEMBERS OF THE NEW BOARD APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.
This veto is based on my belief that this bill is unconstitutional. H. 4218, R-269 proposes to abolish the office of Commissioners of Election and the Registration Board in Union County and establish in their place the Board of Election and Registration for Union County. As such, H. 4218, R-269, affects only Union County and is, therefore, clearly an act for a specific county. Such acts are in violation of Article VIII, Section 7 of the Constitution of the State of South Carolina, which provides that "[n]o laws for a specific county shall be enacted." Acts similar to H. 4218, R-269 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7.
For this reason, I am returning H. 4218, R-252 to you without my signature.
Sincerely,
Carroll A. Campbell, Jr.
Governor
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:
Farr Wilder, D.
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 16, 1993
The Honorable Robert J. Sheheen
Speaker of the House
State House
Post Office Box 11867
Columbia, South Carolina 29202
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 4219, R-238, an Act:
TO DECREASE THE MEMBERSHIP OF THE UNION COUNTY DEPARTMENT OF SOCIAL SERVICES BOARD FROM NINE TO THREE MEMBERS.
This veto is based upon an opinion of the Attorney General's Office dated June 16, 1993. The opinion states:
Generally, S.C. Code Section 43-3-10 provides for the establishment of a county board of social services "to be composed of not less than three nor more than nine members." A prior opinion of this Office dated January 27, 1988 determined that the statute is self-executing and therefore a county legislative delegation may increase the number of board members on a county board of social services without further legislative action.
The act bearing ratification number R-238 decreases the membership of the Union County Department of Social Services Board from nine to three members. Article III, Section 34(IX) prohibits the adoption of special law where a general law may be made applicable...
Based on the foregoing, we would advise that H. 4219 R-238 would be of doubtful constitutionality...
Therefore, for the above reasons, I am returning this Act without my signature.
Sincerely,
Carroll A. Campbell, Jr.
Governor
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:
Farr Wilder, D.
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 16, 1993
The Honorable Robert J. Sheheen
Speaker of the House
State House
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3615, R-222, an Act:
TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION FOR THE GOVERNING BODY OF A SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICT, SO AS TO DELETE THE LIMITATION ON INSURANCE BENEFITS FOR SUCH MEMBERS AND TO AUTHORIZE THE PAYMENT OF SUBSISTENCE EXPENSES EQUAL TO THE LESSER OF ACTUAL OUT-OF-POCKET EXPENSES INCURRED OR ONE HUNDRED DOLLARS A DAY.
The public has the right to know that their taxes will be appropriated wisely and efficiently. This bill relaxes the limits of reimbursements for members of a special purpose or public service district beyond the level of appropriate accountability. The current limits may, in fact, be too restrictive; but lifting the restrictions to this degree is perhaps going too far.
Our State's Constitution prohibits state officials from increasing their own salaries during their terms and the General Assembly from increasing the per diem of its own members. S.C. Const. Art IV, Section 19. This bill allows members of the governing body of these political subdivision districts to increase their own insurance benefits without limitation and allows the to collect up to $100.00 per day for subsistence without tying the reimbursement to their official duties. What is good for the executive and legislative branches should be good for the state's political subdivisions.
Therefore, as a matter of public policy, I am returning this bill without my signature.
Sincerely,
Carroll A. Campbell, Jr.
Governor
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:
Those who voted in the negative are:
Allison Davenport Gamble Kirsh Klauber Robinson Rudnick Sheheen Simrill Smith, R. Stuart Vaughn Waites Walker Wells Wilder, D.
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 25, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on R212, S. 416 by a vote of 19 to 19.
(R212) S. 416 -- Senators McConnell and Rose: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1125 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT CERTAIN REPORTING REQUIREMENTS UNDER SECTION 8-13-1120 ON CONTENTS OF STATEMENT OF ECONOMIC INTERESTS UNDER ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM DO NOT APPLY TO AN EVENT TO WHICH A MEMBER OF THE GENERAL ASSEMBLY IS INVITED BY A LOBBYIST'S PRINCIPAL, REGARDLESS OF WHETHER OR NOT THE MEMBER ATTENDED THE EVENT, UNDER CERTAIN CONDITIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 8-13-1127 SO AS TO PROVIDE THAT THE HOUSE AND SENATE INVITATIONS COMMITTEES SHALL KEEP AN UPDATED LIST OF ACCEPTED INVITATIONS, AND REQUIRE THE LIST TO BE AVAILABLE FOR PUBLIC INSPECTION DURING REGULAR BUSINESS HOURS; TO AMEND SECTION 2-17-65, AS AMENDED, RELATING TO REVIEW OF REPORTS, AUDITS OF LOBBYISTS AND LOBBYISTS' PRINCIPALS, AND NOTICE TO THE ATTORNEY GENERAL OF FAILURE TO FILE REQUIRED REPORTS, SO AS TO DELETE THE NOTICE PROVISIONS CONCERNING THE ATTORNEY GENERAL AND REQUIRE THE FILING OF A COMPLAINT AGAINST THE OFFENDING PERSON IN ACCORDANCE WITH CERTAIN PROVISIONS OF SECTION 8-13-320; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN, SO AS TO REDEFINE "CANDIDATE" AND "ELECTION", AND DEFINE "STATE BOARD, COMMISSION, OR COUNCIL"; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT ANY PERSON CHARGED WITH A VIOLATION OF CHAPTER 13, TITLE 8, IS ENTITLED TO THE ADMINISTRATIVE HEARING PROCESS CONTAINED IN SECTION 8-13-320; TO AMEND THE 1976 CODE BY ADDING SECTION 8-13-325 SO AS TO PROVIDE THAT THE STATE ETHICS COMMISSION SHALL RETAIN FEES GENERATED BY THE REGISTRATION OF LOBBYISTS AND LOBBYISTS'S PRINCIPALS TO OFFSET COSTS ASSOCIATED WITH THE ADMINISTRATION AND REGULATION OF LOBBYISTS AND LOBBYIST'S PRINCIPALS; TO AMEND SECTION 8-13-740, AS AMENDED, RELATING TO REPRESENTATION OF ANOTHER BY A PUBLIC OFFICIAL, MEMBER, OR EMPLOYEE BEFORE A GOVERNMENTAL ENTITY, SO AS TO REFERENCE AN AGENCY, UNIT, OR SUBUNIT OF A COUNTY OR MUNICIPALITY, AND AN ENTITY ON THE SAME LEVEL OF GOVERNMENT, FOR WHICH THE PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE HAS OFFICIAL RESPONSIBILITY; TO AMEND SECTION 8-13-775, AS AMENDED, RELATING TO THE PROVISIONS OF LAW SPECIFYING THAT A PUBLIC OFFICIAL, MEMBER, OR EMPLOYEE WITH AN OFFICIAL FUNCTION RELATED TO CONTRACTS IS NOT PERMITTED TO HAVE AN ECONOMIC INTEREST IN THE CONTRACTS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT THE AWARD OF CONTRACTS AWARDED THROUGH A PROCESS OF PUBLIC NOTICE AND COMPETITIVE BIDS IF THE PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE HAS NOT PERFORMED AN OFFICIAL FUNCTION REGARDING THE CONTRACT; TO AMEND SECTION 8-13-1110, AS AMENDED, RELATING TO PERSONS REQUIRED TO FILE A STATEMENT OF ECONOMIC INTERESTS, SO AS TO DELETE REFERENCE TO "CONSULTANT"; TO AMEND SECTION 8-13-1120, AS AMENDED, RELATING TO THE CONTENTS OF THE STATEMENT OF ECONOMIC INTERESTS, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, REFERENCE PERSONAL PROPERTY, AND INCLUDE PROVISIONS WHEREIN A CREDITOR IS SUBJECT TO REGULATION BY THE FILER OR IS SEEKING OR HAS SOUGHT A BUSINESS OR FINANCIAL ARRANGEMENT WITH THE FILER'S AGENCY OR DEPARTMENT; TO AMEND SECTION 8-13-1150, AS AMENDED, RELATING TO THE FILING OF A STATEMENT OF ECONOMIC INTERESTS BY CERTAIN CONSULTANTS, SO AS TO DELETE REFERENCE TO "STATEMENT OF ECONOMIC INTERESTS"; TO AMEND SECTION 8-13-1160, AS AMENDED, RELATING TO FORWARDING OF COPIES OF THE STATEMENT OF ECONOMIC INTERESTS TO THE STATE ETHICS COMMISSION AND THE FILING PERSON'S COUNTY OF RESIDENCE, SO AS TO PROVIDE FOR THE FORWARDING OF THE STATEMENT WITHIN FIVE, RATHER THAN TWO, BUSINESS DAYS OF RECEIPT; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS UNDER "CAMPAIGN PRACTICES", SO AS TO PROVIDE THAT "CANDIDATE" ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED IF THE PERSON HAS KNOWLEDGE OF SUCH SOLICITATION, AND PROVIDE THAT "ELECTION" ALSO MEANS AN ELECTION AT WHICH A BALLOT MEASURE OR REFERENDUM APPEARS ON THE BALLOT; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO RECIPIENTS OF CERTIFIED CAMPAIGN REPORTS AND COPIES THEREOF AND STATE ETHICS COMMISSION REVIEW, SO AS TO PROVIDE FOR THE FORWARDING OF A COPY OF ALL CAMPAIGN REPORTS RECEIVED BY THE STATE ETHICS COMMISSION TO THE STATE ELECTION COMMISSION AND CLERK OF COURT IN THE COUNTY OF RESIDENCE OF THE PERSON REQUIRED TO FILE WITHIN FIVE, RATHER THAN TWO, DAYS OF RECEIPT; TO AMEND SECTION 8-13-1346, AS AMENDED, RELATING TO THE PROHIBITION ON THE USE OF PUBLIC FUNDS, PROPERTY, OR TIME TO INFLUENCE AN ELECTION AND EXCEPTIONS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT THE EXPENDITURE OF PUBLIC RESOURCES BY A PUBLIC AGENCY TO PREPARE INFORMATIONAL MATERIALS, CONDUCT PUBLIC MEETINGS, OR RESPOND TO NEWS MEDIA OR CITIZENS' INQUIRIES CONCERNING A BALLOT MEASURE AFFECTING THAT PUBLIC AGENCY; TO AMEND SECTION 8-13-1354, AS AMENDED, RELATING TO IDENTIFICATION OF A PERSON INDEPENDENTLY PAYING FOR AN ELECTION-RELATED COMMUNICATION AND EXCEPTIONS, SO AS TO APPLY THE SECTION TO A CANDIDATE, COMMITTEE, OR OTHER PERSON, RATHER THAN "A PERSON", AND APPLY THE SECTION TO MAKING AN EXPENDITURE, RATHER THAN AN "INDEPENDENT EXPENDITURE"; TO AMEND SECTION 8-13-1356, AS AMENDED, RELATING TO THE FILING OF A STATEMENT OF ECONOMIC INTERESTS BY CANDIDATES FOR PUBLIC OFFICE, SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE THAT THE OFFICIAL WITH WHOM THE CANDIDATE FILES A DECLARATION OF CANDIDACY OR PETITION FOR NOMINATION, NO LATER THAN FIVE BUSINESS DAYS AFTER CANDIDACY BOOKS CLOSE, MUST FILE A COPY OF THE STATEMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 8-13-1374 SO AS TO PROVIDE THAT THE FAILURE TO FILE CERTAIN REPORTS OR STATEMENTS WITH THE APPROPRIATE SUPERVISORY OFFICE IS DEEMED TO HAVE OCCURRED IN RICHLAND COUNTY; TO REPEAL SECTION 2-17-70, RELATING TO THE LAWS ON LOBBYISTS AND LOBBYING AND INVESTIGATION BY THE ATTORNEY GENERAL OF ALLEGED FAILURE TO FILE ANY STATEMENT OR REPORT REQUIRED BY CHAPTER 17, TITLE 2; TO AMEND SECTION 8-13-1160, AS AMENDED, RELATING TO FORWARDING OF COPIES OF STATEMENT OF ECONOMIC INTERESTS TO THE STATE ETHICS COMMISSION AND FILING IN THE PERSON'S COUNTY OF RESIDENCE, SO AS TO CHANGE THE TIME WHEN THE SENATE ETHICS COMMITTEE AND THE HOUSE OF REPRESENTATIVES ETHICS COMMITTEE MUST FORWARD A COPY OF EACH STATEMENT FILED WITH IT TO THE STATE ETHICS COMMISSION FROM "WITHIN TWO BUSINESS DAYS OF RECEIPT" TO "WITHIN FIVE BUSINESS DAYS OF RECEIPT"; TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE THAT FOLLOWING THE FILING OF AN INITIAL CERTIFIED CAMPAIGN REPORT, ADDITIONAL CERTIFIED CAMPAIGN REPORTS MUST BE FILED WITHIN TEN DAYS FOLLOWING THE END OF EACH CALENDAR QUARTER IN WHICH CONTRIBUTIONS ARE RECEIVED OR EXPENDITURES ARE MADE, WHETHER BEFORE OR AFTER AN ELECTION UNTIL THE CAMPAIGN ACCOUNT UNDERGOES FINAL DISBURSEMENT PURSUANT TO SECTION 8-13-1370; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO RECIPIENTS OF CERTIFIED CAMPAIGN REPORTS AND COPIES THEREOF AND STATE ETHICS COMMISSION REVIEW, SO AS TO PROVIDE THAT THE SENATE ETHICS COMMITTEE AND THE HOUSE OF REPRESENTATIVES ETHICS COMMITTEE MUST FORWARD A COPY OF EACH STATEMENT FILED WITH IT TO THE STATE ETHICS COMMISSION WITHIN FIVE, RATHER THAN TWO, BUSINESS DAYS OF RECEIPT; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO ALLOW THE COMMISSION TO ISSUE SUBPOENAS FOR THE PROCUREMENT OF WITNESSES AND MATERIALS, INCLUDING BOOKS, PAPERS, RECORDS, DOCUMENTS, OR OTHER TANGIBLE OBJECTS RELEVANT TO THE AGENCY'S INVESTIGATION BY APPROVAL OF THE CHAIRMAN, RATHER THAN BY AFFIRMATIVE VOTE OF A MAJORITY OF THE MEMBERS OF THE COMMISSION; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO PROVIDE THAT A PUBLIC OFFICIAL OR PUBLIC EMPLOYEE MAY ACCEPT LODGING, TRANSPORTATION, ENTERTAINMENT, FOOD, MEALS, BEVERAGES, OR AN INVITATION TO A FUNCTION PAID FOR BY A LOBBYIST'S PRINCIPAL IF IT IS PROVIDED TO THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE SOLELY ON THE BASIS THAT THE SPOUSE OF THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE IS AN OFFICIAL OR EMPLOYEE OF THE PROVIDING LOBBYIST'S PRINCIPAL AND THE SPOUSE IS RECEIVING THE LODGING, TRANSPORTATION, ENTERTAINMENT, FOOD, MEALS, BEVERAGES, OR INVITATION PURELY INCIDENTAL TO THE SPOUSE'S OFFICE OR EMPLOYMENT WITH THE LOBBYIST'S PRINCIPAL AND THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE IS RECEIVING IT ONLY AS THE SPOUSE OF AN OFFICIAL OR EMPLOYEE OF THE PROVIDING LOBBYIST'S PRINCIPAL; TO AMEND SECTION 2-17-10, AS AMENDED, RELATING TO DEFINITIONS UNDER THE LAW ON LOBBYISTS AND LOBBYING, SO AS TO PROVIDE A DEFINITION FOR THE TERM "OFFICIAL CAPACITY"; TO AMEND SECTION 2-17-100, AS AMENDED, RELATING TO THE PROHIBITION ON PUBLIC OFFICIALS AND EMPLOYEES RECEIVING COMPENSATION FOR SPEAKING BEFORE AUDIENCES AND EXCEPTION AND RULES FOR PAYMENT OF EXPENSES, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT A PUBLIC OFFICIAL, PUBLIC MEMBER, OR A PUBLIC EMPLOYEE ACTING IN AN OFFICIAL CAPACITY MAY NOT RECEIVE ANYTHING OF VALUE FROM A LOBBYIST'S PRINCIPAL FOR SPEAKING BEFORE A PUBLIC OR PRIVATE GROUP, AND THAT A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE IS NOT PROHIBITED BY THIS SECTION FROM ACCEPTING A MEAL PROVIDED IN CONJUNCTION WITH A SPEAKING ENGAGEMENT WHERE ALL PARTICIPANTS ARE ENTITLED TO THE SAME MEAL AND THE MEAL IS OF NOMINAL VALUE AND INCIDENTAL TO THE SPEAKING ENGAGEMENT; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE LAW ON ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM, SO AS TO PROVIDE A DEFINITION OF "OFFICIAL CAPACITY"; TO AMEND SECTION 8-13-715, AS AMENDED, RELATING TO SPEAKING ENGAGEMENTS OF PUBLIC OFFICIALS, MEMBERS, OR EMPLOYEES, EXPENSE REIMBURSEMENT, AND AUTHORIZATION FOR REIMBURSEMENT OF OUT-OF-STATE EXPENSES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT A PUBLIC OFFICIAL OR PUBLIC MEMBER IS NOT PROHIBITED BY THIS SECTION FROM ACCEPTING A MEAL PROVIDED IN CONJUNCTION WITH A SPEAKING ENGAGEMENT WHERE ALL PARTICIPANTS ARE ENTITLED TO THE SAME MEAL AND THE MEAL IS OF NOMINAL VALUE AND INCIDENTAL TO THE SPEAKING ENGAGEMENT, AND THAT ANY PUBLIC OFFICIAL OR PUBLIC MEMBER SHALL DISCLOSE ON HIS STATEMENT OF ECONOMIC INTERESTS THE ORGANIZATION WHICH PAID FOR OR REIMBURSED ACTUAL EXPENSES, THE AMOUNT OF SUCH PAYMENT OR REIMBURSEMENT, AND THE PURPOSE, DATE, AND LOCATION OF THE SPEAKING ENGAGEMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 8-13-717 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ANY PUBLIC EMPLOYEE WHO ACCEPTS HONORARIA, COMPENSATION, OR REIMBURSEMENT OF ACTUAL EXPENSES FOR SPEAKING TO A PUBLIC OR PRIVATE GROUP SHALL DISCLOSE ON HIS STATEMENT OF ECONOMIC INTERESTS THE ORGANIZATION WHICH PROVIDED THE HONORARIA, COMPENSATION, OR REIMBURSEMENT, THE AMOUNT OF SUCH PAYMENT OR REIMBURSEMENT, AND THE PURPOSE, DATE, AND LOCATION OF THE SPEAKING ENGAGEMENT; AND TO PROVIDE THAT ANY CHANGES IN REPORTING REQUIREMENTS FOR STATEMENTS OF ECONOMIC INTERESTS MADE BY THIS ACT SHALL APPLY ONLY TO TRANSACTIONS OCCURRING ON OR AFTER JANUARY 1, 1994.
Very respectfully,
President
No. 108
Received as information.
The following was received.
Columbia, S.C., June 25, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R205, S. 619 by a vote of 41 to 0.
(R205) S. 619 -- Senators Matthews, Patterson, Washington, Glover, Mitchell, Ford, Jackson and Mescher: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-22-195 SO AS TO ESTABLISH A CATEGORY B ASSOCIATE PROFESSIONAL ENGINEER AND TO PROVIDE THE REQUIREMENTS FOR REGISTRATION; TO AMEND SECTION 40-22-10, RELATING TO DEFINITIONS, SO AS TO INCLUDE ADDITIONAL TERMS; TO AMEND SECTION 40-22-190, RELATING TO REQUIREMENTS FOR REGISTRATION AS A PROFESSIONAL ENGINEER, SO AS TO ESTABLISH THIS CLASS OF REGISTRATION AS A CATEGORY A PROFESSIONAL ENGINEER AND TO REVISE THE EDUCATIONAL REQUIREMENTS; TO AMEND SECTION 40-22-200, RELATING TO ENGINEER-IN-TRAINING CERTIFICATION REQUIREMENTS, SO AS TO REVISE THE EDUCATIONAL REQUIREMENTS; TO AMEND SECTION 40-22-370, RELATING TO THE SEAL REQUIRED FOR ENGINEERS AND LAND SURVEYORS, SO AS TO REQUIRE THE SEAL TO BEAR THE LICENSE CATEGORY FOR ENGINEERS AND TIER DESIGNATION FOR SURVEYORS; TO AMEND SECTION 40-22-390, RELATING TO DISCIPLINARY ACTIONS, SO AS TO ADD AS A GROUND FOR SUCH ACTION PRACTICING WITHOUT A LICENSE; AND TO PROVIDE THAT PROFESSIONAL ENGINEERS LICENSED ON THIS ACT'S EFFECTIVE DATE MUST BE RECOGNIZED AS A CATEGORY A PROFESSIONAL ENGINEER.
Very respectfully,
President
No. 109
The following was received.
June 16, 1993
The Honorable Nick A. Theodore
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29201
Dear Mr. President and Members of the Senate:
I am returning without my approval S. 619, R-205, an Act:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-22-195 SO AS TO ESTABLISH A CATEGORY B ASSOCIATE PROFESSIONAL ENGINEER AND TO PROVIDE THE REQUIREMENTS FOR REGISTRATION; TO AMEND SECTION 40-22-10, RELATING TO DEFINITIONS, SO AS TO INCLUDE ADDITIONAL TERMS; TO AMEND SECTION 40-22-190, RELATING TO REQUIREMENTS FOR REGISTRATION AS A PROFESSIONAL ENGINEER, SO AS TO ESTABLISH THIS CLASS OF REGISTRATION AS A CATEGORY A PROFESSIONAL ENGINEER AND TO REVISE THE EDUCATIONAL REQUIREMENTS; TO AMEND SECTION 40-22-200, RELATING TO ENGINEER-IN-TRAINING CERTIFICATION REQUIREMENTS, SO AS TO REVISE THE EDUCATIONAL REQUIREMENTS; TO AMEND SECTION 40-22-370, RELATING TO THE SEAL REQUIRED FOR ENGINEERS AND LAND SURVEYORS, SO AS TO REQUIRE THE SEAL TO BEAR THE LICENSE CATEGORY FOR ENGINEERS AND TIER DESIGNATION FOR SURVEYORS; TO AMEND SECTION 40-22-390, RELATING TO DISCIPLINARY ACTIONS, SO AS TO ADD AS A GROUND FOR SUCH ACTION PRACTICING WITHOUT A LICENSE; AND TO PROVIDE THAT PROFESSIONAL ENGINEERS LICENSED ON THIS ACT'S EFFECTIVE DATE MUST BE RECOGNIZED AS A CATEGORY A PROFESSIONAL ENGINEER.
This Act would create a dangerous precedent by clouding the lines of professional distinction between two very important and related professions that are in fact fundamentally different. This Legislation was introduced to allow students who complete the four-year program of engineering technology to take the professional engineering examinations and, if they pass, to receive the title of category B professional engineer. Currently, only students who complete a four-year degree in engineering can take the examinations.
The engineering technology degree and the engineering degree represent two very different curricula. The engineering degree emphasizes mathematics in the design of engineering projects. The engineering technology degree teaches a person how to carry out the engineer's design through the coordination of resources; it does not teach the design aspect.
In addition, there is a cooperative undergraduate engineering program between The Citadel and the technical colleges of the coastal region including Trident, Orangeburg-Calhoun, Horry-Georgetown and the Low Technical College of the Lowcountry, which makes engineering degree programs easily accessible to all of those who wish to practice as professional engineers. For this reason, I do not see the need to diminish the licensing requirements for this profession.
To allow someone with an engineering technology degree to be called a professional engineer is misleading to the student, the engineering profession and the marketplace that relies on professional engineers. Allowing engineering technologists into the engineering profession without the additional educational requirements of a professional engineer would be detrimental to the health, safety and welfare of the public.
Therefore, for the above reasons, I am returning S. 619, R-205 without my signature.
Yours sincerely,
Carroll A. Campbell, Jr.
Governor
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. Allison Anderson Bailey, G. Bailey, J. Barber Baxley Beatty Boan Breeland Brown, G. Brown, H. Byrd Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Corning Cromer Davenport Delleney Elliott Fair Farr Felder Fulmer Gamble Gonzales Govan Hallman Harrell Harrelson Harris, P. Harrison Harvin Harwell Hines Hodges Holt Houck Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Law Marchbanks Martin Mattos McAbee McCraw McElveen McKay McLeod McTeer Meacham Neal Neilson Phillips Quinn Richardson Riser Robinson Rogers Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stoddard Stone Stuart Thomas Townsend Trotter Vaughn Waites Waldrop Walker Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, R.
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 21, 1993
The Honorable Robert J. Sheheen
Speaker
House of Representatives
State House
Columbia, SC 29211
Dear Mr. Speaker and Members of the House:
I am returning H. 3610, the 1993-1994 Appropriations Act, with my vetoes.
It is no secret that state budgets everywhere have been under extreme pressure and I would like to commend the General Assembly for adopting an appropriations bill that does not contain any general tax increases. With the apparent rush to raise taxes on the federal level it is more important than ever for state government to learn to live within its means. It is my belief that the implementation of the restructuring plan should result-over the long term- in cost savings and the elimination of duplication in state government. We can and will see that government is streamlined to deliver services more effectively when properly managed.
I stated last year that South Carolina and the nation were in a transitional economy and that it was inevitable that there would be some difficult changes in our economic structure. Traditional industries were being forced to adapt to a more competitive environment, and our State felt the effects of this adjustment as much as or more than many others. We witnessed a slowdown in revenue growth that forced us to look at better ways to fund state government and to find sources of revenue to "bridge the gap" until our economic growth returned to a more normal pattern.
Without the Legislature's concurrence last year to my Barnwell proposal, we would be facing a serious revenue shortfall. In the FY 93-94 Appropriation Act much of the new revenue is derived from the Medicaid program through the use of the disproportionate share program. We are all aware that this is not a permanent source of funds, but given the federal government's penchant for Byzantine schemes to micro-manage health care, it is certainly a legitimate use of these funds for other health-related purposes. As the incoming chairman of the National Governor's Association, I am going to fight for a sensible health care reform package that relies on the marketplace and individual choices instead of an Orwellian program managed by federal bureaucrats. We must find a workable solution to our health care problems or state governments will go bankrupt.
We were not able to fund some of our priorities at the level that I would have preferred, but the plain truth is that there will never be enough money for an ever-growing government. That is why it is essential that we continue to look for ways to restructure and reform state government. Money alone will not spark the needed improvements in education; rather, the empowerment of families and the ability to have choices in a child's future are going to be a more relative measurement of achievement. We are blessed with many dedicated professional educators in South Carolina, and I would like to see them unshackled from excessive regulation so that the student is once again the priority of our school system.
I also believe that by streamlining state government we will ultimately be able to more adequately compensate our state employees. This year, we have included the funding for health care benefits and also a plan that encourages early retirement for eligible employees of agencies that choose to participate. The more efficiencies that are achieved in agency management will result in more resources for employee pay raises. I hope that all of our state employees will work to make restructuring a reality; I have every confidence that they will.
Most of my vetoes are the result of hastily written provisos that were included in the budget for personal reasons or provisos that are duplicative of separate legislation recently signed into law. I have vetoed other provisos for reasons stated in this message. The Appropriation Act is positively balanced by $188,651.00 and I have asked the Budget and Control Board to use funding from the F30 account to handle any shortfall resulting from my veto of the adult film proviso.
I would like to make a request for the General Assembly to consider during the next legislative session. I insisted on a referendum for the sale of beer and wine on Sunday in those cities and counties that currently permit restaurant sales on Sunday. This provision is included in Part II of the Appropriations Act but there is no language relating to a time period for retail stores that opt for Sunday sales. I would urge the General Assembly that upon its return next January it would quickly consider passing legislation establishing a reasonable schedule of hours for Sunday sales. Given the requirements for referenda and the time lag involved in implementation of the law, I believe that the next General Assembly could act on my request before many areas were issuing the new permits.
My vetoes are as follows:
Veto 1 Part I, Section 4A, Judicial Department
Page 43, Proviso 4.12
This provision requires the Chief Justice of the Supreme Court to make a written accounting to the General Assembly of all court appointed attorneys and expert witnesses in indigent cases. It appears that the only method of collecting the information would be for the clerks of court to send copies of all orders of appointment to the Office of Court Administration. This would place an unnecessary burden on the clerks of court and will not produce any meaningful information.
These orders do not lend themselves to any sort of compilation of meaningful statistics or trends. The General Assembly may very well receive copies of all of the orders of appointment that do not reveal the statistics for which the General Assembly is looking. This provision appears to be an attempt to ascertain the amount of state funds spent on appointed attorneys and expert witnesses. If that is the case, it may be better to set reasonable guidelines as to how many attorneys and experts an indigent is entitled to and what they should be paid.
Furthermore, Section 45 of Part II requires the Office of Indigent Defense to collect much the same information as this Section. In this time of restructuring and accountability, a duplication of duties would be counterproductive and, at the request of the Judicial Department, I am vetoing this provision.
Veto 2 Part I, Section 14G, B&C - General Services Division
Page 116, Proviso 14G.16
This proviso is unnecessary due to the passage of H. 4081.
Veto 3 Part I, Section 14G, B&C - General Services Division
Page 116, Proviso 14G.17
This proviso is unnecessary due to the passage of H. 4081.
Veto 4 Part I, Section 14G, B&C- General Services Division
Page 116, Proviso 14G.19
This proviso is unnecessary due to the passage of H. 4081.
Veto 5 Part I, Section 14G, B&C - General Services Division
Page 116, Proviso 14G.20
This proviso is unnecessary due to the passage of H. 4081.
Veto 6 Part I, Section 14G, B&C - General Services Division
Page 118, Proviso 14G.22
This proviso is unnecessary due to the passage of H. 4081.
Veto 7 Part I, Section 14G, B&C - General Services Division
Page 118, Proviso 14G.23
This proviso is unnecessary due to the passage of H. 4081.
Veto 8 Part I, Section 14G, B&C - General Services Division
Page 118, Proviso 14G.24
This proviso is unnecessary due to the passage of H. 4081.
Veto 9 Part I, Section 14G, B&C - General Services Division
Page 118, Proviso 14G.25
This proviso is unnecessary due to the passage of H. 4081.
Veto 10 Part I, Section 14K, B&C - Human Resource Management Division - Page 137, Proviso 14K.23
This proviso is unnecessary due to the passage of H. 4081.
Veto 11 Part I, Section 14K, B&C - Human Resource Management Division - Page 138, Proviso 14K.28
This proviso is unnecessary due to the passage of H. 4081.
Veto 12 Part I, Section 14K, B&C - Human Resource Management Division - Page 138-39, Proviso 14K.30
This proviso is unnecessary due to the passage of H. 4081.
Veto 13 Part I, Section 14K, B&C - Human Resource Management Division - Page 139, Proviso 14K.31
This proviso is unnecessary due to the passage of H. 4081.
Veto 14 Part I, Section 60, Department of Agriculture
Page 504, Proviso 60.5
At the request of the Commissioner of Agriculture, I have vetoed this proviso. It is unnecessary and redundant. The Department of Agriculture is authorized to use appropriated funds for matching purposes for groups that make application and are suitable candidates for such funds. Any organization, including the one mentioned, is eligible to make application, and to single one out for special treatment would just invite similar action next year.
Veto 15 Part I, Section 122A, Aid to Subdivisions - State Treasurer
Page 618, Proviso 122A.6, County Road Maintenance
This proviso attempts to amend the State Aid to Subdivisions Act which does not follow the procedural requirements which the General Assembly imposed upon itself in that same Act. S.C. Code Ann. Section 6-27-50 (1992 Supp.) requires that any amendments to the State Aid to Subdivisions Act must be in separate legislation. Similar attempts have usually been ruled out of order on the floor of the House and Senate and I encourage the General Assembly to continue that practice.
Veto 16 Part II, Section 12, Page 687
This proviso is unnecessary due to the passage of H. 4081.
Veto 17 Part II, Section 13, Pages 687-88
This proviso is unnecessary due to the passage of H. 4081.
Veto 18 Part II, Section 14, Page 688
This proviso is unnecessary due to the passage of H. 4081.
Veto 19 Part II, Section 28, Pages 746-47
I would prefer to retain the current make-up of the State Reorganization Commission in order for the Executive branch to have a voice in the deliberations of the Commission. I do not think that the presence of gubernatorial appointees would prejudice a potential inquiry into any agency under the management of the Executive branch.
Veto 20 Part II, Section 31, Pages 749-769
This proviso is unnecessary due to the passage of S. 329.
Veto 21 Part II, Section 84, Pages 835-36
The business oriented agencies in state government need more flexibility than this proviso allows in order to carry out their missions. I do not think that the General Assembly or the Budget and Control Board need to micro-manage the day to day operations of our economic development agencies.
Veto 22 Part II, Section 86, Pages 836-37
This proviso is similar in intent as Section 84. There has been no effort to hide any travel expenses from the General Assembly. However, there are times when the utmost confidentiality is required in economic development matters and the reporting of foreign travel could damage our efforts if it were to fall into the wrong hands. Many economic development projects are three and four years in the making and require frequent visits from state officials. Our competitors would certainly benefit if they somehow obtained our travel records. Lastly, this proviso conflicts with the state's Freedom of Information Act and therefore is unnecessary.
Veto 23 Part II, Section 93, Page 852-853
This section of the appropriations bill places a one dollar surcharge on the sale and rental of films with certain sexual content. While I personally agree that there are many films, videos, and recordings that are of questionable value to society, the problems caused by this provision outweigh the benefits that would come from it.
First, there is little question that the provision is an unconstitutional violation of the First Amendment right of free speech. The United States Supreme Court has consistently held that content-based laws such as this provision which impose a financial burden on the free exercise of speech are unconstitutional.
In addition, if I sign this provision into law it will certainly be challenged in the courts. If challenged, the law will just as surely be overturned. No matter how hopeless the chances of successfully defending the provision, however, the State will be forced to mount a legal defense in court. Such a legal defense will surely cost several hundred thousand dollars, and I see no sense in adopting a provision which may cost the State more than it will bring in revenue, especially when this provision has not been sold as anti-pornography legislation, but instead as a revenue-raising effort.
Finally, it is generally agreed that the provision will be impossible to enforce and therefore any anticipated revenue is of doubtful certainty. The proviso's definitions of "adult film, video, or recording" and "specified anatomical areas" are so subjective and vague that proprietors will have an impossible task of determining which films, videos and recordings should be assessed standard for such a tax.
I am advised by legal experts that there can be ways to regulate certain types of films-ways that meet constitutional dictates. I agree that pornography should be fought and could support such efforts, provided that they have a reasonable chance of withstanding judicial review.
For these reasons, I hereby veto these items.
Sincerely,
Carroll A. Campbell, Jr.
Governor
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:
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, J. Barber Baxley Boan Breeland Brown, H. Canty Carnell Chamblee Clyborne Cooper Corning Davenport Delleney Fair Farr Felder Gamble Gonzales Hallman Harrell Harrelson Harris, P. Harrison Harwell Hines Hodges Holt Houck Hutson Inabinett Jennings Keegan Kelley Keyserling Kirsh Klauber Koon Law Littlejohn Marchbanks Mattos McAbee McCraw McElveen McKay McTeer Meacham Neilson Phillips Quinn Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stoddard Stone Stuart Thomas Townsend Trotter Vaughn Waites Waldrop Walker Wells Wilder, D. Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
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:
Those who voted in the negative are:
Alexander, T.C. Anderson Askins Bailey, G. Barber Baxley Boan Breeland Brown, H. Carnell Chamblee Cooper Corning Davenport Delleney Fair Farr Fulmer Gamble Gonzales Hallman Harrell Harris, P. Harrison Harwell Hines Hodges Hutson Inabinett Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Koon Law Littlejohn Marchbanks Mattos McAbee McCraw McElveen McKay McTeer Meacham Neilson Phillips Quinn Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, R. Stone Stuart Thomas Townsend Trotter Waites Waldrop Walker Wilder, D. Wilder, J. Wilkins Witherspoon Wofford Wright
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
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:
Those who voted in the negative are:
Alexander, M.O. Allison Anderson Askins Baxley Boan Breeland Carnell Chamblee Cooper Corning Davenport Delleney Fair Farr Gamble Gonzales Hallman Harrell Harrelson Harris, P. Harrison Hines Houck Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Law Martin Mattos McAbee McCraw McKay Meacham Neilson Phillips Quinn Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stone Stuart Vaughn Waites Walker Wells Wilder, D. Wilkins Witherspoon Wofford Worley Wright
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
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:
Those who voted in the negative are:
Alexander, T.C. Allison Anderson Askins Baxley Boan Breeland Brown, H. Chamblee Corning Davenport Delleney Fair Farr Gamble Gonzales Hallman Harrell Harrelson Harris, P. Harrison Harwell Hines Hodges Houck Keegan Kelley Keyserling Kinon Kirsh Klauber Koon Law Littlejohn Marchbanks Martin Mattos McCraw McKay Meacham Neilson Phillips Quinn Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stoddard Stone Stuart Thomas Townsend Trotter Vaughn Waites Walker Wells Wilder, D. Wilder, J. Wilkins Witherspoon Wofford Wright
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
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:
Those who voted in the negative are:
Alexander, T.C. Allison Askins Barber Baxley Boan Breeland Brown, H. Chamblee Cooper Corning Davenport Delleney Fair Farr Gonzales Hallman Harrell Harrelson Harrison Harvin Hines Hodges Hutson Inabinett Keegan Kelley Keyserling Kirsh Klauber Koon Law Marchbanks Mattos McCraw McKay McTeer Meacham Neilson Phillips Quinn Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, R. Stone Thomas Trotter Vaughn Waites Walker Wells Wilder, J. Wilkins Witherspoon Wofford
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
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:
Those who voted in the negative are:
Alexander, T.C. Allison Askins Barber Baxley Boan Breeland Brown, H. Carnell Chamblee Cooper Corning Davenport Delleney Fair Fulmer Gamble Gonzales Hallman Harrell Harrelson Harrison Hines Hodges Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Klauber Koon Law Marchbanks Mattos McAbee McCraw McKay McTeer Meacham Neilson Phillips Quinn Richardson Riser Robinson Rudnick Sharpe Sheheen Shissias Simrill Smith, R. Stuart Thomas Trotter Waites Walker Wells Wilder, D. Wilkins Witherspoon Wofford
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
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:
Those who voted in the negative are:
Allison Anderson Bailey, J. Baxley Boan Breeland Carnell Cooper Davenport Delleney Fair Gamble Gonzales Hallman Harrell Harrelson Harris, P. Harrison Hines Hodges Holt Hutson Inabinett Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Koon Law Marchbanks Mattos McAbee McCraw McTeer Meacham Neilson Phillips Quinn Richardson Rudnick Sheheen Shissias Simrill Smith, R. Spearman Stone Stuart Thomas Trotter Waites Waldrop Walker Wells Wilder, D. Wilkes Wilkins Witherspoon Wofford Wright Young, A.
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
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:
Those who voted in the negative are:
Anderson Askins Barber Baxley Boan Breeland Chamblee Corning Davenport Delleney Fair Gamble Gonzales Hallman Harrell Harrelson Harris, P. Harrison Harvin Hines Hodges Holt Houck Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Law Marchbanks Mattos McCraw McKay McTeer Meacham Neal Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stone Stuart Thomas Trotter Vaughn Waites Waldrop Walker Wells Wilkins Witherspoon Wofford Worley Young, A.
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
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:
Those who voted in the negative are:
Alexander, T.C. Allison Anderson Askins Barber Baxley Boan Breeland Cato Chamblee Davenport Delleney Gamble Gonzales Hallman Harrell Harrelson Harrison Harvin Hines Hodges Hutson Inabinett Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Koon Law Marchbanks Mattos McCraw McTeer Meacham Neal Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stone Stuart Townsend Trotter Vaughn Waites Waldrop Walker Wells Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
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:
Those who voted in the negative are:
Alexander, T.C. Allison Barber Baxley Boan Breeland Cato Chamblee Corning Davenport Delleney Elliott Fair Gamble Gonzales Hallman Harrell Harrelson Harris, P. Harrison Harvin Hines Hodges Houck Hutson Inabinett Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Koon Law Littlejohn Marchbanks Mattos McKay McTeer Meacham Neal Neilson Phillips Quinn Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stone Stuart Townsend Trotter Vaughn Walker Wells Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
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:
Those who voted in the negative are:
Allison Bailey, G. Barber Baxley Boan Breeland Brown, H. Cato Chamblee Corning Delleney Elliott Fair Gamble Gonzales Hallman Harrell Harrelson Harris, P. Harrison Harvin Hines Hodges Houck Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Law Marchbanks Martin McCraw McKay McTeer Meacham Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rudnick Scott Sharpe Shissias Smith, R. Spearman Stille Stone Stuart Townsend Trotter Vaughn Walker Wells Wilder, D. Wilder, J. Witherspoon Wofford Worley Wright Young, A.
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Rep. KIRSH moved to waive Rule 6.1, which was agreed to.
Human Resource Management Division - Page 138-39, Proviso 14K.30
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:
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Bailey, G. Barber Baxley Boan Breeland Brown, H. Chamblee Corning Delleney Elliott Fair Gamble Hallman Harrell Harris, P. Harrison Harvin Hines Hodges Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Law Marchbanks Martin Mattos McCraw McKay McTeer Meacham Neal Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, R. Stille Stone Stuart Thomas Townsend Trotter Vaughn Walker Wells Wilder, D. Wilder, J. Wofford Worley Wright Young, A.
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
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:
Those who voted in the negative are:
Alexander, M.O. Allison Anderson Bailey, G. Baxley Boan Breeland Brown, H. Carnell Chamblee Corning Davenport Delleney Fair Gamble Gonzales Hallman Harrell Harrelson Harris, P. Harrison Harvin Hines Hutson Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Law Marchbanks Martin Mattos McAbee McCraw McKay McTeer Meacham Neal Neilson Phillips Quinn Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stone Stuart Townsend Trotter Walker Wells Wilder, D. Witherspoon Wofford Worley Wright
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 14 Part I, Section 60, Department of Agriculture--SUSTAINED
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:
Those who voted in the negative are:
Alexander, M.O. Allison Anderson Askins Bailey, G. Baxley Boan Breeland Brown, H. Chamblee Corning Davenport Delleney Elliott Fair Fulmer Gamble Gonzales Hallman Harrell Harris, P. Harrison Harvin Hines Holt Hutson Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Law Marchbanks Mattos McCraw McKay McTeer Meacham Neal Neilson Phillips Quinn Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, R. Stille Stone Stuart Thomas Trotter Vaughn Waites Walker Wells Wilkes Witherspoon Wofford Wright Young, A.
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
State Treasurer, Page 618, Proviso 122A.6, County Road Maintenance
Rep. BOAN 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:
Those who voted in the affirmative are:
Bailey, J. Barber Baxley Cobb-Hunter Fulmer Hallman Harrell Harrelson Holt McTeer Neal Spearman Wilder, J.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Boan Brown, H. Carnell Cato Chamblee Clyborne Corning Cromer Davenport Delleney Elliott Fair Farr Gamble Gonzales Harris, P. Harrison Harvin Harwell Hines Hutson Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McElveen McKay Meacham Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, R. Stille Stoddard Stone Stuart Thomas Townsend Trotter Vaughn Waites Walker Wells Wilder, D. Wilkes Williams Witherspoon Wofford Worley Wright Young, A.
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
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:
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, G. Baxley Boan Cato Chamblee Clyborne Cobb-Hunter Cooper Corning Davenport Delleney Elliott Fair Farr Fulmer Gamble Hallman Harrell Harrelson Harris, P. Harwell Holt Hutson Jennings Keegan Kelley Kennedy Keyserling Kirsh Koon Law Littlejohn Marchbanks Martin McCraw McElveen McKay McTeer Meacham Neal Neilson Phillips Rhoad Richardson Riser Robinson Rudnick Scott Sheheen Shissias Simrill Spearman Stone Stuart Thomas Trotter Vaughn Waites Walker Wilder, D. Wilder, J. Wilkes Williams Witherspoon Wofford Worley Wright Young, A.
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
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:
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Bailey, G. Bailey, J. Baxley Boan Brown, H. Carnell Cato Chamblee Cobb-Hunter Cooper Davenport Delleney Elliott Fair Farr Fulmer Gamble Gonzales Harrell Harrelson Harris, P. Harrison Harwell Hines Holt Hutson Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Koon Law Littlejohn Marchbanks Mattos McAbee McCraw McKay McTeer Meacham Neal Neilson Phillips Quinn Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stone Stuart Thomas Townsend Trotter Vaughn Waites Walker Wells Wilder, D. Wilder, J. Williams Witherspoon Wofford Worley Wright Young, A.
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
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:
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Bailey, G. Baxley Boan Brown, H. Carnell Cato Chamblee Corning Davenport Delleney Elliott Fair Fulmer Gamble Gonzales Hallman Harrell Harrelson Harris, P. Harrison Hines Hutson Keegan Kelley Kennedy Keyserling Kirsh Koon Law Littlejohn Marchbanks McAbee McCraw McElveen McKay McTeer Meacham Neilson Quinn Richardson Riser Robinson Rudnick Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stone Stuart Thomas Townsend Trotter Vaughn Waites Walker Wells Wilder, D. Williams Witherspoon Wofford Young, A.
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
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:
Canty Cobb-Hunter Cromer Harrelson McTeer Neal Spearman
Those who voted in the negative are:
Alexander, T.C. Allison Bailey, G. Baxley Boan Brown, H. Carnell Cato Chamblee Clyborne Davenport Delleney Elliott Fair Gamble Gonzales Harrell Harris, P. Harrison Harwell Hines Hutson Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Koon Law Littlejohn Marchbanks McAbee McCraw McElveen McKay Meacham Phillips Quinn Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, R. Stille Stone Stuart Thomas Townsend Trotter Vaughn Waites Walker Wells Wilder, J. Witherspoon Wofford Wright Young, A.
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
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:
Those who voted in the negative are:
Alexander, M.O. Allison Bailey, G. Boan Brown, H. Carnell Cato Chamblee Clyborne Cobb-Hunter Corning Davenport Delleney Elliott Fair Gamble Gonzales Harrell Harrelson Harris, P. Harwell Jennings Keegan Kelley Kennedy Keyserling Kirsh Koon Law Littlejohn Marchbanks McAbee McCraw McElveen McTeer Meacham Neal Neilson Phillips Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stone Stuart Thomas Townsend Trotter Vaughn Waites Walker Wells Wilkes Witherspoon Wofford Wright Young, A.
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
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:
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Bailey, G. Boan Brown, H. Carnell Cato Chamblee Clyborne Cobb-Hunter Corning Davenport Delleney Elliott Fair Gamble Gonzales Harrell Harrelson Harris, P. Harrison Harwell Hines Holt Hutson Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Law Littlejohn Marchbanks McAbee McCraw McElveen McKay McTeer Meacham Neal Phillips Quinn Rhoad Riser Robinson Rudnick Scott Sharpe Shissias Simrill Smith, R. Spearman Stille Stone Stuart Thomas Townsend Trotter Vaughn Waites Walker Wilder, D. Wilder, J. Wilkes Witherspoon Wofford Wright Young, A.
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
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:
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Bailey, G. Boan Brown, H. Canty Cato Chamblee Clyborne Cobb-Hunter Corning Davenport Delleney Elliott Fair Farr Gamble Gonzales Hallman Harrell Harrelson Harris, P. Harrison Harwell Hines Holt Hutson Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Littlejohn Marchbanks McCraw McElveen McKay McTeer Meacham Phillips Quinn Richardson Riser Robinson Rudnick Scott Shissias Simrill Smith, R. Spearman Stille Stoddard Stone Stuart Thomas Trotter Vaughn Walker Wells Wilder, D. Wilkes Witherspoon Wofford Worley Young, A.
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
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:
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Askins Bailey, G. Boan Brown, H. Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Corning Cromer Davenport Delleney Elliott Fair Farr Fulmer Gamble Hallman Harrell Harrelson Harris, P. Harrison Harwell Hines Hodges Holt Hutson Inabinett Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Koon Law Littlejohn Marchbanks Martin Mattos McCraw McKay McTeer Meacham Neal Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stone Stuart Thomas Townsend Trotter Vaughn Waites Walker Wells Wilder, D. Wilder, J. Wilkes Williams Witherspoon Wofford Worley Young, A.
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
I failed to vote on Veto 23, but intended to vote to sustain.
Rep. DAVE C. WALDROP, JR.
I was temporarily away from my desk when the vote on Veto 23 was taken. I would have voted to sustain.
Rep. ROBERT A. BARBER, JR.
The following was received.
Columbia, S.C., June 25, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R235, H. 4162 by a vote of 41 to 0.
(R235) H. 4162 -- Reps. Holt, Whipper, J. Bailey, Hutson, Hallman, Breeland, Harrell, Gonzales, Barber, Inabinett, R. Young and Fulmer: AN ACT TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1993-94 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1993-94.
Very respectfully,
President
No. 110
Received as information.
The following was received.
Columbia, S.C., June 25, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R220, H. 3562 by a vote of 41 to 0.
(R220) H. 3562 -- Rep. Rhoad: AN ACT TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR BAMBERG COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF BAMBERG COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO AMEND ACT 201 OF 1991 RELATING TO THE ABOLITION OF THE ORANGEBURG COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT IF A VACANCY OCCURS ON A SCHOOL DISTRICT BOARD, THE ORANGEBURG COUNTY LEGISLATIVE DELEGATION SHALL APPOINT A TRUSTEE TO FILL THE UNEXPIRED TERM.
Very respectfully,
President
No. 111
Received as information.
The following was received.
Columbia, S.C., June 25, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R269, H. 4218 by a vote of 41 to 0.
(R269) H. 4218 -- Rep. Farr: AN ACT TO ESTABLISH THE BOARD OF ELECTION AND REGISTRATION FOR UNION COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR UNION COUNTY, AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE BOARD OF ELECTION AND REGISTRATION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE UNION COUNTY ELECTION COMMISSION AND THE UNION COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW UNION COUNTY BOARD OF ELECTION AND REGISTRATION UNTIL THE MEMBERS OF THE NEW BOARD APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.
Very respectfully,
President
No. 112
Received as information.
The following was received.
Columbia, S.C., June 25, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R238, H. 4219 by a vote of 41 to 0.
(R238) H. 4219 -- Rep. Farr: AN ACT TO DECREASE THE MEMBERSHIP OF THE UNION COUNTY DEPARTMENT OF SOCIAL SERVICES BOARD FROM NINE TO THREE MEMBERS.
Very respectfully,
President
No. 113
Received as information.
The SPEAKER appointed Reps. WILKINS, BOAN and COBB-HUNTER as a committee to notify the Governor that the House had completed its work and was ready to adjourn Sine Die.
The SPEAKER appointed Reps. WALKER, NEAL and JENNINGS as a committee to notify the Senate that the House had completed its work and was ready to adjourn Sine Die.
Senators McConnell, Glover and Lander of a committee from the Senate informed the House that the Senate had completed its work, and was ready to adjourn Sine Die.
Rep. WILKINS moved that the House do now adjourn, which was adopted.
Lord God our Father, You kept Abraham and Sarah in safety in their pilgrimage, You led the children of Israel through the wilderness, and by a star You led the Wise Men to Bethlehem. In like manner, protect us now as we travel on our homeward ways to make our travel safe and our homecoming joyful. Wherever we go and whatever we do, continue as our constant Companion. "Go in peace. Serve the Lord." Amen.
At 1:30 P.M. the House in accordance with the motion of Rep. ROGERS adjourned SINE DIE in memory of William E. S. Robinson of Richland County.
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