Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index
| Printed Page 40, Jan. 9 | Printed Page 60, Jan. 9 |
Printed Page 50 . . . . . Tuesday, January 9, 1996
Veto 68 Part IA, Section 31, Department of Mental Health, page 207, line 9, Total Case Svc/Pub. Asst, $15,167
Veto 69 Part IA, Section 31, Department of Mental Health, page 207, line 24, Other Operating, $775,418
Veto 70 Part IA, Section 32, Department of Disabilities and Special Needs, page 210, line 8, Other Operating Expenses, $756,282
Veto 71 Part IA, Section 32, Department of Disabilities and Special Needs, page 210, line 10, Public Asst. Case Services, $464,262
Veto 72 Part IA, Section 32, Department of Disabilities and Special Needs, page 210, line 30, Case Services, $6,000
Veto 73 Part IA, Section 32, Department of Disabilities and Special Needs, page 211, line 3, Other Operating Expenses, $2,569,758
Veto 74 Part IA, Section 32, Department of Disabilities and Special Needs, page 211, line 33, Other Operating Expenses, $474,914
Veto 75 Part IA, Section 44, Forestry Commission, page 254, line 10, Field Trial and Recreation Area, $50,000
Veto 76 Part IA, Section 46, Clemson-PSA, page 260, line 11, Classified Positions (Other Operating), $3,383,973
Veto 77 Part IA, Section 47, Natural Resources, page 265, line 39, Other Operating, $1,321,256
Veto 78 Part IA, Section 47, Natural Resources, page 266, line 9, Planner IV, $90,000
Veto 79 Part IA, Section 47, Natural Resources, page 264, line 4, Other Operating, $243,602
Veto 80 Part IA. Section 47, Natural Resources, page 267, line 12, State Geologist, $50,000
Veto 81 Part IA, Section 47, Natural Resources, page 265, line 32, Environmental Planner. $45,000
Veto 82 Part IA. Section 55, Workers' Compensation Commission, page 285, line 12, Other Operating, $199,814
Veto 83 Part IA, Section 55, Workers' Compensation Commission, page 286, line 13, Commission Other Operating, $10,649
Veto 84 Part IA, Section 55, Workers' Compensation Commission, page 286, line 10, Other Personal Services, $1,000
Veto 85 Part IA, Section 55, Workers' Compensation Commission, page 286, line 23, Other Personal Services, $1,000
Veto 86 Part IA, Section 59, Department of Insurance, page 292, line 25, Classified Positions, $269,626
Veto 87 Part IA, Section 61, Consumer Affairs, page 296, line 30, Classified Positions, $207,533

Printed Page 51 . . . . . Tuesday, January 9, 1996
Part IB Provisos

Veto 88 Part IB, Section 18A.23, page 366, Commission on Higher Education: Higher Education Study

I am vetoing this proviso because similar language exists in S.365, R.210 the Higher Education restructuring legislation. I have signed this legislation into law.
Veto 89 Part IB, Section 20.8, page 388, Educational Television Commission: Long Distance Learning

I am vetoing this proviso because it allows ETV to use designated public education funds for transition and equipment expenses. The Commission requested and was granted the use of the Long Distance Learning funds for transition expenses in FY 1994-95. It was not intended for these funds to be used in this manner indefinitely.
Veto 90 Part IB, Section 30.21, pages 401-402, Department of Health and Environmental Control: Environmental Fees

I am vetoing this proviso, and its funding, in order to allow permanent legislation and regulations and funding as provided in permanent legislation, to take effect.
Veto 91 Part IB, Section 30.39, page 409, DHEC: Family Planning

I am vetoing this proviso because it limits the Department's authority by dictating minimum funding of family planning efforts without consultation with the DHEC Board, which has the authority to identify and implement effective family planning initiatives.
Veto 92 Part IB, Section 42.2, page 422, Department of Probation, Parole and Pardon: Expansion of Electronic Monitoring

I am vetoing this proviso and urging the criminal justice community to develop comprehensive research to determine if electronic monitoring is a viable alternative to incarceration in South Carolina's system.
Veto 93 Part IB, Section 62.2, page 433, Department of Labor, Licensing and Regulation - Contract Investigators

I am vetoing this proviso because the Government Restructuring Act of 1993 extended this authority to the Department of Labor, Licensing and Regulation.
Veto 94 Part IB, Section 72.24, page 477, General and Temporary: Contracts with Private Individuals

I am vetoing this proviso because it unfairly restricts state retirees from contractual work with the state. Because these individuals are considered contract employees and not paying into the SC Retirement System, there should be no penalty imposed.

Printed Page 52 . . . . . Tuesday, January 9, 1996
Part II

Veto 95 Part II, Section 27, pages 11-27 and 11-28, Additional Dealer License Plates

I am vetoing this Section because it is already accomplished in current law.
Veto 96 Part II, Section 48, Item (C), page 11-37, Soft Drink Tax Phase Out

I am vetoing item (C) which creates a special Joint Committee to review exemptions of all sales, use, and excise taxes imposed under Title 12 of the 1976 Code. Members of Senate and House standing committees on finance can conduct research and study issues at considerably less cost to taxpayers than the creation of another level of bureaucracy.
Veto 97 Part II, Section 67, Items (B), (C)(1), (E), (F), and (H), pages 11-56 through 11-61, Video Poker

I am vetoing Item (B) which provides for licensing of "Video Slot Machines"; Item (C) (1) which increases the biennial license fees; Item (E) which allows for eight machines, eliminates minimum gross proceeds and extends video poker operation until 2:00 AM Sundays; Item (F) which repeals limited cash pay-outs; and, Item (H) which permits counties to impose a business license tax on gross income in addition to the license fee.
Veto 98 Part II, Section 74, pages 11-69 and 11-70, Circuit Solicitor Salary Increase

I am vetoing this Section because it represents a special pay increase for a specific group of state employees. This group will still receive the regular base pay and compression increases as all other state employees.
Veto 99 Part II, Section 86, pages 11-79-11-80, Restricted Delivery of Tax Notices

I am vetoing this Section because it is an unfunded mandate which changes the type of notice from certified to restricted mail, costing counties substantially more to deliver delinquent tax notices.
Veto 100 Part II, Section 90, pages 11-83 and 11-84, Infectious Waste Contingency Fund Cap

I am vetoing this Section because it would lower the cap on the Infectious Waste Contingency Fund and therefore reduce the fund's annual deposit from fees. While the current cap may seem unrealistically high, a cap of $300,000 is too low and could leave an inadequate amount in the fund for environmental clean-up.

Printed Page 53 . . . . . Tuesday, January 9, 1996
Veto 101 Part II, Section 98, pages 11-88 and 11-89, Special License Plates for Mayors

I am vetoing this Section because of the growing number of custom license plates (there are 225 different South Carolina license plates) and the fiscal impact on the state's general fund. I have instructed the Department of Revenue and Taxation to review the cost of providing custom plates and make recommendations.
Veto 102 Section 114, pages 11-98 through ll-99, Expansion of Membership of Joint Bond Review Committee for purposes related to Property of the Medical University

I am vetoing this proviso because it is unconstitutional special legislation. Article III, Section 34 of the SC Constitution prohibits the enactment of a special law where a general law can be made applicable. In addition, I believe there are adequate safeguards in place to approve the sale or disposition of real or personal property of all state agencies.
Veto 103 Section 117, pages 11-101 through 11-105, Health and Human Services Finance Commission, Community Based Adolescent Pregnancy Prevention

I am vetoing this Section because it duplicates services already provided through the Department of Health and Environmental Control and creates a committee whose mission may duplicate that of the DHEC Board.

For these reasons, I veto these items.

Sincerely,
David M. Beasley

The SPEAKER ordered the veto printed in the Journal.

R. 212, H. 3363--GOVERNOR'S VETO RECEIVED

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 29, 1995
The Honorable David H. Wilkins
Speaker of the House
State House
Columbia, South Carolina 29201

Printed Page 54 . . . . . Tuesday, January 9, 1996
Dear Mr. Speaker and Members of the House:

I am returning H. 3363, R. 212, appropriations from the Capital Reserve Fund, with vetoes.
Veto 1 Section 1, page 2, item (18), Administrative Law Judges, Training, $10,775

This item is travel and tuition money for an out-of-state training program. While the training program at the National Judicial Center in Reno, Nevada may be quite useful, emphasis needs to be placed on reducing travel when possible.
Veto 2 Section 1, page 2, item (19), Department of Veterans Affairs, Veterans Cemetery, $220,000.

I am vetoing this item since adequate burial space is available to South Carolina veterans. The eastern portion of the state is well represented by cemeteries in Florence and Beaufort. Space in the Florence cemetery will be available well into the next century and I would be more disposed to spend funds on other needs of veterans.

For these reasons, l veto these items.

Sincerely,
David M. Beasley

The SPEAKER ordered the veto printed in the Journal.

R. 218, H. 3690--GOVERNOR'S VETO RECEIVED

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 29, 1995
The Honorable David H. Wilkins
Speaker of the House
State House
Columbia, South Carolina 29201

Dear Mr. Speaker and Members of the House:

I am returning H. 3690. R. 218, the 1995 Supplemental Appropriations Act, with vetoes.
Veto 1 Section 2, page 3, item (9), Commission on Higher Education - Phase in of Base Reduction, $98,220

I am vetoing this item because it conflicts with my veto in the general appropriations veto message reducing the agency's base budget.

Printed Page 55 . . . . . Tuesday, January 9, 1996
Veto 2 Section 2, page 3, item (23), Probation, Parole and Pardon - Electronic Monitoring, $1,000,000

I am vetoing this item and urging the criminal justice community to develop comprehensive research to determine if electronic monitoring is a viable alternative to incarceration in South Carolina's system.
Veto 3 Section 2, page 3-4, item (26), Department of Natural Resources, Land Resources-Operating Expenses, Insurance, $150,000

I am vetoing this item in order to fund other priorities needed within the department. The agency can use existing resources for this item.
Veto 4 Section 2, page 4, item (29), USC-Columbia, African-American Studies, $200,000

I am vetoing this item because I believe if the University wants this program funded it should reflect that as a priority in either its budget request or in its internal use of formula funds. Among several items, I have chosen to support within the budget significant assistance to African-American students in the form of the African-American Loan Program and the South Carolina Alliance for Minority Participation, both programs that assist African-American students entering the teaching field in critical need areas such as science and math.
Veto 5 Section 2, page 4, item (30), USC-Columbia, Law School Library, $330,000

I am vetoing this item because I believe if the University wants this program funded it should reflect that as a priority in either its budget request or in its internal use of formula funds.
Veto 6 Section 2, page 4, item (42), Department of Natural Resources, Computer Mapping System, $205,000

I am vetoing this item in order to fund other priorities needed within the department. I believe the state's Geographic Information System capabilities bear closer scrutiny in order to promote better coordination and more efficient use of the system's resources.
Veto 7 Section 2, page 4, item (43), Department of Natural Resources, Dennis Wildlife Center Maintenance, $300,000

I am vetoing this item in order to fund other priorities needed within the department.
Veto 8 Section 2, page 4, item (45), Department of Natural Resources, Communications-Map Education Program and Equipment Replacement, $100,000

I am vetoing this item because this program should be funded from each department's existing resources.

Printed Page 56 . . . . . Tuesday, January 9, 1996
Veto 9 Section 2, page 6, item (74), Governor's Office-OEPP, Legal Services Program, $50,000

I am vetoing this item because I am concerned with the increasing number of private organizations funded with state funds. Indications are that Congress will probably reduce or eliminate the.program.
Veto 10 Section 2, page 7, item (78), State Law Enforcement Division, DNA Program: Freezer and Implementation, $100,000

I am vetoing this item since the amount allocated is insufficient to fully implement the program. The DNA databank legislation was adopted as enabling legislation and to fully fund the program would require substantially more than is allocated here. This would represent a new program that would require SLED to operate an inadequately funded program.

For these reasons, l veto these items.

Sincerely,
David M. Beasley

The SPEAKER ordered the veto printed in the Journal.

INTRODUCTION OF BILLS

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

H. 4311 -- Reps. J. Brown, Harvin, Lloyd, Anderson, Byrd, T. Brown, Cobb-Hunter, Breeland, J. Hines, Inabinett and Cave: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 28 SO AS TO ENACT THE CRIMINALLY INSANE DEFENDANT ACT TO PROVIDE PROCEDURAL SAFEGUARDS IN THE PROSECUTION OF THESE DEFENDANTS, AND TO REQUIRE ADEQUATE CARE AND INDIVIDUALIZED TREATMENT FOR THESE DEFENDANTS.

Referred to Committee on Judiciary.

H. 4312 -- Rep. Clyburn: A BILL TO AMEND SECTION 20-7-2205, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST COMMITTING A STATUS OFFENDER TO THE CUSTODY OF A CORRECTIONAL INSTITUTION OR SECURE EVALUATION CENTER OPERATED BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE

Printed Page 57 . . . . . Tuesday, January 9, 1996
THAT SUCH COMMITMENT MAY BE MADE FOR A DETERMINATE PERIOD NOT TO EXCEED FORTY-FIVE DAYS.

Referred to Committee on Judiciary.

H. 4313 -- Reps. Fulmer, Littlejohn, Inabinett, Hutson, Cain, Vaughn and Riser: A BILL TO AMEND SECTION 59-122-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE CITADEL TO ISSUE REVENUE BONDS FOR STUDENT HOUSING, FACULTY HOUSING, AND AUXILIARY FACILITIES, SO AS TO INCREASE THE MAXIMUM PRINCIPAL AMOUNT OF THESE REVENUE BONDS AUTHORIZED TO BE OUTSTANDING AT ANY TIME FROM TWENTY-FIVE MILLION DOLLARS TO THIRTY-FIVE MILLION DOLLARS.

Referred to Committee on Ways and Means.

H. 4314 -- Reps. Govan, Inabinett, Meacham and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 73 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR ORGAN TRANSPLANT RECIPIENTS.

Referred to Committee on Education and Public Works.

H. 4315 -- Reps. Herdklotz, Wilkes, Davenport, Young-Brickell, Cromer, Wilder, Vaughn, Bailey, Allison, Robinson, Stuart, Harvin, Keyserling, Sandifer, Quinn, Walker, Inabinett, Haskins, Cain, Harrison, Fulmer, Witherspoon, Klauber, Law, Simrill, Delleney, Seithel, Gamble, Cave, Richardson, Meacham and Easterday: A JOINT RESOLUTION TO ESTABLISH THE PERFORMANCE AUDIT STEERING COMMITTEE TO CONDUCT A COMPREHENSIVE PERFORMANCE AUDIT OF STATE GOVERNMENT FROM JUNE 30, 1996, THROUGH DECEMBER 31, 1997; TO PROVIDE FOR THE APPOINTMENT AND MEMBERSHIP OF THE COMMITTEE; TO PROVIDE FOR ITS DUTIES, TO ESTABLISH A SPECIAL ACCOUNT AND APPROPRIATE TWO MILLION DOLLARS FROM THE UNOBLIGATED 1994-95 GENERAL FUND SURPLUS FOR THE EXPENSES OF THE COMMITTEE, AND TO EXEMPT LEGISLATIVE AGENCIES FROM THE PERFORMANCE AUDIT.

Referred to Committee on Ways and Means.

H. 4316 -- Rep. Kirsh, Keyserling, Cain, Vaughn, Simrill and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,

Printed Page 58 . . . . . Tuesday, January 9, 1996
1976, BY ADDING SECTION 39-23-45 SO AS TO REQUIRE A DRUG DISPENSED BY FILLING OR REFILLING A WRITTEN OR ORAL PRESCRIPTION TO HAVE AN EXPIRATION DATE ON THE LABEL.

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

H. 4317 -- Reps. Kirsh, Inabinett, Keyserling, Cain, Vaughn, Simrill and Meacham: A BILL TO AMEND SECTION 56-5-6240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION OF VEHICLES SEIZED FROM PERSONS CONVICTED OF DRIVING WITH A SUSPENDED DRIVER'S LICENSE OR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS, SO AS TO REQUIRE THE FORFEITURE HEARING TO BE COMPLETED WITHIN THREE MONTHS FROM THE DATE THE FORFEITURE ACTION IS COMMENCED.

Referred to Committee on Judiciary.

H. 4318 -- Reps. Kirsh and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-752 SO AS TO PROHIBIT A FAMILY MEMBER FROM BEING SUBJECT TO THE OFFICIAL RESPONSIBILITY OR SUPERVISION OR MANAGEMENT OF A FAMILY MEMBER WHO IS A PUBLIC EMPLOYEE, AND PROVIDE EXCEPTIONS.

Referred to Committee on Judiciary.

H. 4319 -- Reps. Kirsh, Inabinett, Simrill and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2957 SO AS TO REQUIRE THE REVOCATION FOR AN ADDITIONAL PERIOD OF ONE YEAR OF THE DRIVER'S LICENSE OF A PERSON WHO IS LESS THAN TWENTY-ONE YEARS OF AGE AND WHO IS CONVICTED OF AN OFFENSE CONTAINED IN SECTION 56-5-2930 OR SECTION 56-5-2945.

Referred to Committee on Judiciary.

H. 4320 -- Reps. Kirsh, Cain, Witherspoon, Wilder, Simrill, Richardson and Meacham: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES BY ADDING CHAPTER 34 SO AS TO ESTABLISH STANDARDS AND PROCEDURES FOR THE

Printed Page 59 . . . . . Tuesday, January 9, 1996
RECOVERY OF PUNITIVE DAMAGES IN CIVIL ACTIONS, INCLUDING A LIMIT ON THE MAXIMUM AMOUNT OF PUNITIVE DAMAGES WHICH MAY BE AWARDED, THE MANNER IN WHICH PUNITIVE DAMAGES MUST BE STATED AND PLED, THE RESPONSIBILITIES OF THE TRIER OF FACT AND THE COURT IN REGARD TO PUNITIVE DAMAGES, AND THE AWARDING OF ATTORNEY'S FEES IN DEFENSE OF FRIVOLOUS OR MALICIOUS PUNITIVE DAMAGE CLAIMS; AND TO REPEAL SECTION 15-33-135 OF THE 1976 CODE RELATING TO PUNITIVE DAMAGES AND THE BURDEN OF PROOF.

Referred to Committee on Judiciary.

H. 4321 -- Reps. Kirsh, Littlejohn, Keyserling, Simrill and Meacham: A BILL TO AMEND SECTION 22-2-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE TO APPEAR FOR JURY SERVICE IN MAGISTRATE'S COURT AND THE NUMBER OF TIMES A PERSON MAY SERVE ON A JURY THEREIN, SO AS TO PROVIDE THAT NO PERSON SHALL SERVE ON A JURY IN MAGISTRATE'S COURT MORE THAN ONCE EVERY THREE CALENDAR YEARS RATHER THAN ONCE EVERY THREE MONTHS.

Referred to Committee on Judiciary.

H. 4322 -- Reps. Kirsh, Inabinett, Keyserling, Cain, Seithel and Cave: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FOOD WHICH MAY BE PURCHASED LAWFULLY WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS.

Referred to Committee on Ways and Means.

H. 4323 -- Reps. Knotts, Kinon, Lanford, Littlejohn, Keyserling, Haskins, Vaughn, Riser, Law and Simrill: A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND

Printed Page 60 . . . . . Tuesday, January 9, 1996
FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.

Referred to Committee on Education and Public Works.

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