For these reasons, I veto S. 474, R. 11.
Yours sincerely,
David M. Beasley
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:
Baxley Boan Fleming Sheheen
Those who voted in the negative are:
Witherspoon
So, the veto of the Governor was overridden and a message was ordered sent to
the Senate accordingly.
The following was received.
Dear Mr. President and Members of the Senate:
I am hereby returning without my approval S. 334, R. 3, an Act:
(R3) S. 334 -- Senators McGill, Glover and Leatherman: AN ACT TO AMEND
ARTICLE 1, CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO NONPROFIT CORPORATIONS LOCATED IN FLORENCE COUNTY, SO AS TO
AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT
CORPORATION
OR ELEEMOSYNARY ORGANIZATION TO DISTRIBUTE THE REMAINING ASSETS OF THE
ORGANIZATION AND TO PROVIDE THAT EFFECTIVE TWO YEARS AFTER THE EFFECTIVE
DATE
OF THIS ACT, IF SUCH DISTRIBUTION IS NOT ACCOMPLISHED WITHIN FIVE YEARS OF
DISSOLUTION, THE REMAINING ASSETS ESCHEAT TO THE STATE.
This veto is based upon an informal opinion of the Attorney General's Office
dated March 6, 1995. The opinion states:
"The act bearing ratification number 3 of 1995 would amend Article 1,
Chapter 31, Title 3, S.C. Code Ann., relating to nonprofit corporations, so as
to authorize the former board of directors of a dissolved nonprofit
corporation or eleemosynary organization located in Florence County to
distribute the remaining assets of the organization and to set an effective
date by which the action is to be taken lest the property escheat to the
State. No reason appears within the act (i.e., by legislative findings or
otherwise) as to the need for such a law applicable only to Florence County.
Article III, Sections 34 (IX) and (X) of the State Constitution prohibit local
or special laws and particularly provide that where a general law can be made
applicable, no special law shall be enacted and further direct the General
Assembly to adopt general laws uniform in their operation. (Citation
omitted.) The South Carolina Nonprofit Corporation Act, Act. No. 384 of 1994,
For the above reasons, I am returning S. 334, R. 3 without my signature.
Yours sincerely,
David M. Beasley
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:
Askins Limbaugh
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 Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3728 -- Reps. Hallman, Fulmer, Seithel, Whatley, Harrell, Hutson, S. Whipper and Limehouse: A BILL TO PROVIDE THAT THE CHARLESTON COUNTY BOARD OF ASSESSMENT CONTROL IS ABOLISHED AND ITS POWERS AND DUTIES DEVOLVED UPON THE CHARLESTON COUNTY COUNCIL.
H. 3734 -- Rep. Askins: A BILL TO AMEND ACT 250 OF 1991, RELATING TO THE ELECTION OF TRUSTEES IN FLORENCE COUNTY SCHOOL DISTRICT 5 AND THE SINGLE-MEMBER DISTRICTS FROM WHICH CERTAIN TRUSTEES ARE ELECTED, SO AS TO REVISE THE DESCRIPTION OF THESE DISTRICTS.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 3788 -- Reps. Limehouse, Hallman, Fulmer, Whatley, L. Whipper, Seithel and S. Whipper: A BILL TO AMEND ACT 1595 OF 1972, AS AMENDED, RELATING TO THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT, SO AS TO DELETE THE PROVISION FOR THE MAINTENANCE OF GOLF COURSES.
H. 3796 -- Reps. Walker, Davenport, Phillips and Cato: A JOINT RESOLUTION TO PROVIDE THAT, FOR THE 1994-95 SCHOOL YEAR, SCHOOL DISTRICTS ONE AND TWO IN SPARTANBURG COUNTY ARE EXEMPTED FROM THE REQUIREMENT THAT SCHOOL DAYS MISSED MUST BE MADE UP AS A RESULT OF COMPLICATIONS RESULTING FROM A SEVERE WINTER STORM.
The following Joint Resolution was taken up.
H. 3690 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.
Rep. H. BROWN proposed the following Amendment No. 20 (Doc Name L:\h- wm\legis\amend\FF.550), which was adopted.
Amend amendment No. 18, Document No. L:\h-wm\legis\amend\ff.500, Section 5, Line 8, after the words /general fund/ by striking /during FY95-96/
Renumber sections & amend totals/title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the third time and ordered sent to
the Senate.
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate.
H. 3363 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1994-95.
Rep. ROGERS moved to adjourn debate upon the following Joint Resolution until Thursday, March 16, which was adopted.
H. 3512 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO THE REPEAL OF PARENT-ORIENTED EDUCATION PROGRAMS AND THE PROMULGATION OF PARENT/FAMILY LITERACY PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1713, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
H. 3042 -- Reps. Kirsh, Meacham and Richardson: A BILL TO AMEND SECTION 40-11-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FINANCIAL STATEMENT REQUIRED TO LICENSE A CONTRACTOR, SO AS TO REQUIRE AN AFFIDAVIT OF FINANCIAL CONDITION INSTEAD OF A FINANCIAL STATEMENT.
Reps. RICE, BAILEY and DAVENPORT proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9949JM.95), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-11-160 of the 1976 Code is amended to read:
"Section 40-11-160. The board shall may not issue a license to any a contractor above at the Group 1 2 or 3 level as this is defined by regulation of the board until such the contractor furnished furnishes the
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. RICE explained the amendment.
The amendment was then adopted.
Rep. WILKES spoke against the Bill.
Rep. KIRSH spoke in favor of the Bill.
Rep. WILKES spoke against the Bill.
Rep. WILKES moved to table the Bill.
Rep. CATO demanded the yeas and nays, which were not ordered.
The House refused to table the Bill by a division vote of 24 to 42.
Reps. WILKES and INABINETT objected to the Bill.
Rep. QUINN moved to recommit the Bill.
Rep. CATO moved to table the motion, which was agreed to.
Reps. QUINN, ROGERS, WRIGHT, LLOYD, HERDKLOTZ and KELLEY objected to the Bill.
The following Bill was taken up.
S. 48 -- Senators Leatherman, Wilson, Leventis, Rankin, Elliott, Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE THAT THE PRINCIPAL AMOUNT OF A LEASE PURCHASE OR FINANCING AGREEMENT IS SUBJECT TO THE CONSTITUTIONAL DEBT LIMIT FOR POLITICAL SUBDIVISIONS AND THAT PAYMENTS MADE BY THE STATE UNDER SUCH AN AGREEMENT ARE DEEMED GENERAL OBLIGATION DEBT SERVICE FOR PURPOSES OF THE CONSTITUTIONAL DEBT SERVICE LIMIT ON THE STATE, TO PROVIDE THAT THE CALCULATION OF THE LIMITATION ON GENERAL OBLIGATION BONDED INDEBTEDNESS FOR FUTURE GENERAL OBLIGATION BOND ISSUES MUST INCLUDE THE PRINCIPAL BALANCE OF ANY OUTSTANDING FINANCING AGREEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-17-120 SO AS TO
Rep. HARRELL moved to commit the Bill to the Ways and Means Committee.
Rep. SHEHEEN demanded the yeas and nays, which were not ordered.
The House refused to commit the Bill by a division vote of 39 to 41.
Rep. SHEHEEN moved to adjourn debate upon the Bill until Tuesday, March 21, which was adopted.
The following Bill was taken up.
H. 3736 -- Reps. H. Brown, Wofford, Law, Dantzler and Williams: A BILL TO AMEND SECTION 5-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGING MUNICIPAL CORPORATE LIMITS BY PETITION OF SEVENTY-FIVE PERCENT OR MORE OF LANDOWNERS, SO AS TO PROVIDE THAT ANNEXATION OF REAL PROPERTY IN A MULTI-COUNTY PARK TITLED IN THE NAME OF A POLITICAL SUBDIVISION OF THE STATE REQUIRES THE CONSENT OF THE GOVERNING BODY OF THE POLITICAL SUBDIVISIONS HOLDING TITLE.
Rep. H. BROWN explained the Bill.
Rep. ROGERS moved to adjourn debate upon the Bill until Thursday, March 16, which was adopted.
Rep. THOMAS moved to adjourn debate upon the following Bill until Thursday, March 16, which was adopted.
H. 3775 -- Reps. H. Brown, Wofford, Williams, Law and Dantzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1275 SO AS TO ALLOW CREDITS AGAINST THE CORPORATE INCOME TAX, CORPORATE LICENSE TAX, SALES AND USE TAX, LOCAL OPTION SALES AND USE
Reps. LIMBAUGH, FAIR, MARCHBANKS and FLEMING withdrew their objections to the following Bill.
H. 3185 -- Reps. P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-35-13 SO AS TO PROVIDE THAT NO VULNERABLE ADULT MAY BE CONSIDERED ABUSED OR NEGLECTED FOR THE SOLE REASON THAT THE VULNERABLE ADULT IS BEING FURNISHED NONMEDICAL REMEDIAL TREATMENT BY SPIRITUAL MEANS.
Reps. CARNELL, R. SMITH and FLEMING withdrew their objections to H. 3228
however, other objections remained upon the Bill.
The motion of Rep. COTTY to reconsider the vote whereby the following Bill was continued was taken up.
H. 3647 -- Ways and Means Committee: A BILL TO SUSPEND THE LIMITATION ON GENERAL FUND APPROPRIATIONS PROVIDED PURSUANT TO SECTION 11-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, BEGINNING WITH APPROPRIATIONS FOR FISCAL YEAR 1995-96, TO PROVIDE FOR THE USE OF THE ADDITIONAL REVENUE FOR PROPERTY TAX RELIEF AND FOR THE CONTINUED SUSPENSION OF THE LIMITATION UNTIL SUFFICIENT RECURRING REVENUES ARE AVAILABLE FOR THE STATE PROPERTY TAX RELIEF FUND TO REPLACE OPERATING PROPERTY TAX REVENUES ON OWNER-OCCUPIED RESIDENTIAL PROPERTY, AND TO PROVIDE FOR THE REINSTATEMENT OF THE LIMITATION WHEN THESE RECURRING REVENUES ARE AVAILABLE.
Rep. SHEHEEN moved to table the motion to reconsider.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Anderson Askins Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Delleney Govan Harris, J. Harris, P. Hines Hodges Howard Inabinett Kennedy Kinon Kirsh Lloyd Martin McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Sheheen Spearman Stoddard Stuart Tucker Whipper, L.
Whipper, S. White Wilder Wilkes Williams
Those who voted in the negative are:
Allison Bailey Baxley Brown, H. Cain Cato Chamblee Cotty Dantzler Davenport Easterday Elliott Fair Felder Fleming Fulmer Gamble Hallman Harrell Harwell Haskins Herdklotz Hutson Jaskwhich Jennings Keegan Kelley Keyserling Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Wofford Worley Wright Young, A. Young, J.
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider.