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March 7, 1995
Mr. President and Members of the Senate:

I am hereby returning without my approval S. 334, R. 3, 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, contains general laws concerning dissolution of nonprofit corporations and distribution of assets.

For the above reasons, I am returning S. 334, R. 3, without my signature.

Sincerely,
David M. Beasley
Governor

Senator LEATHERMAN moved that the veto of the Governor be overridden.

The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander         Bryan            Cork

Courson           Courtney         Drummond

Elliott           Ford             Giese

Glover            Gregory          Hayes

Holland           Jackson          Land

Lander            Leatherman       Leventis

Martin            Matthews         McConnell

McGill            Mescher          Moore

O'Dell            Passailaigue     Patterson

Peeler            Rankin           Reese

Richter           Rose             Russell

Ryberg            Saleeby          Setzler

Short             Smith, G.        Smith, J.V.

Stilwell          Thomas           Waldrep

Washington        Williams         Wilson

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

(R11) S. 474 -- Senator Holland: AN ACT TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE

March 7, 1995
Mr. President and Members of the Senate:

I am hereby returning without my approval S. 474, R. 11, an Act:
TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF SECONDARY ROAD S28-539 IN KERSHAW COUNTY.

This veto is based upon my concern that the process by which the General Assembly has closed this road may be potentially unfair. While perhaps not in the specific legislation involved herein, road closings accomplished by such means have the potential to be unfair to interested citizens, particularly in cases where the road closing is not supported by all abutting property owners.

My concern is that S. 474, R. 11 vitiates the protection afforded the public pursuant to Title 57, Chapter 9 of the Code of Laws of South Carolina, 1976. Specifically, the provisions of Chapter 9 require adequate public notice and an opportunity for public hearing before a road can be closed. Because this Act circumvents the statutory process, the safeguards which serve to protect the public would no longer be effective.

For these reasons, I veto S. 474, R. 11.

Sincerely,
David M. Beasley
Governor

The veto of the Governor was taken up for immediate consideration.

Senator HOLLAND moved that the veto of the Governor be overridden.

The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?

Alexander         Bryan            Cork

Courson           Courtney         Drummond

Elliott           Ford             Giese

Glover            Gregory          Hayes

Holland           Jackson          Land

Lander            Leatherman       Leventis

Martin            Matthews         McConnell

McGill            Mescher          Moore

O'Dell            Passailaigue     Patterson

Peeler            Rankin           Reese

Richter           Rose             Russell

Ryberg            Saleeby          Setzler

Short             Smith, G.        Smith, J.V.

Stilwell          Thomas           Waldrep

Washington        Williams         Wilson

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

On motion of Senator McCONNELL, with unanimous consent, Senators McCONNELL, MOORE, SALEEBY and RUSSELL were granted leave to attend the Judicial Screening Committee meeting, to be counted in any quorum calls, and if any roll call votes were taken, were granted leave to vote from the balcony.

Senator HOLLAND introduced Dr. John Dubose of Camden, S.C., Doctor of the Day.

S. 283 -- Senators Mitchell and Washington: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 120 SO AS TO ENACT THE "MEDICAL SAVINGS ACCOUNT ACT".

Senator LEATHERMAN asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.

There was no objection.

On motion of Senator LEATHERMAN, with unanimous consent, the Bill was committed to the Committee on Finance.

H. 3700 -- Reps. Harrison and Wilkins: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:30 P.M. ON TUESDAY, MARCH 14, 1995.

Senator COURSON asked unanimous consent to make a motion to recall the Resolution from the Committee on Invitations.

There was no objection.

On motion of Senator COURSON, with unanimous consent, the Resolution was adopted and ordered returned to the House.

The following were introduced:

S. 628 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-1420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF GOVERNORS OF THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE AMONG OTHER THINGS, THAT THE COST REDUCTIONS REALIZED IN OPERATING RESULTS OF THE FACILITY SHALL BE APPLIED EXCLUSIVELY TO REDUCE THE RECOUPMENT CHARGES ON ALL POLICIES OF

Read the first time and ordered placed on the Calendar without reference.

S. 629 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE UNIVERSITY OF SOUTH CAROLINA, RELATING TO VIOLATIONS, PENALTIES, AND BONDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1778, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and ordered placed on the Calendar without reference.

S. 630 -- Senators Land, Elliott, Holland, Stilwell, Rankin, Matthews, Ford, Jackson, Reese, Lander, Moore, Mescher, Passailaigue, Glover, O'Dell, Bryan, J. Verne Smith, Courson, Setzler, Patterson, Saleeby, Washington, Russell and Hayes: A CONCURRENT RESOLUTION URGING CONGRESS NOT TO REDUCE FUNDING FOR AMTRAK AND TO TAKE OTHER STEPS TO PRESERVE THE AMTRAK SYSTEM.

Whereas, Amtrak is energy efficient and environmentally beneficial, consuming about half as much energy per passenger mile as airlines and causing less air pollution; and

Whereas, Amtrak provides mobility to citizens of many smaller communities poorly served by air and bus services, as well as to those senior citizens, disabled people, students, and persons with medical conditions preventing them from flying who need trains as a travel option; and

Whereas, Amtrak is nine times safer than driving on a passenger-mile basis and operates even in severe weather conditions; and

Whereas, Amtrak travel rose forty-eight percent from 1982 to 1993 and Amtrak dramatically improved coverage of its operating costs from revenues; and

Whereas, federal investment in Amtrak has fallen in the last decade while it has risen for airports and highways; and

Whereas, states may use highway trust fund money as an eighty percent federal match for a variety of nonhighway programs, but they are prohibited from using such monies for Amtrak projects; and

Whereas, Amtrak pays a fuel tax that airlines do not pay; and

Whereas, Amtrak workers and vendors pay more in taxes than the federal government invests in Amtrak. Now, therefore,

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

That Congress is urged not to reduce federal funding of Amtrak.

Be it further resolved that Amtrak be excused from paying fuel taxes that airlines do not pay.

Be it further resolved that states be given the flexibility to use federal highway trust fund monies on Amtrak projects if they so choose.

Be it further resolved that federal officials include a strong Amtrak system in any plans for a national transportation system.

Be it further resolved that copies of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of South Carolina's Congressional Delegation, all at Washington, D.C.

On motion of Senator COURSON, with unanimous consent, the Concurrent Resolution was taken up for immediate consideration and ordered placed on the Calendar without reference.

S. 631 -- Senator Lander: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF STATE HIGHWAY 121 IN NEWBERRY COUNTY AS THE "J. C. NEEL MEMORIAL HIGHWAY" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

The Concurrent Resolution was adopted, ordered sent to the House.

S. 632 -- Senator Drummond: A CONCURRENT RESOLUTION REQUESTING THE EMPLOYMENT SECURITY COMMISSION TO TAKE THE NECESSARY STEPS TO ENSURE THAT THE NEW

Whereas, the Honorable C. Lem Harper, Sr., is a graduate of Columbia High School and attended the University of South Carolina and the Extension Division Real Estate School; and

Whereas, his record exemplifies one of performance and integrity. The following positions have been achieved through hard work and dedication: he has been president of C. Lem Harper Tailoring for fifty years; he served on the South Carolina Coordinating Council for Economic Development; he is past president of the South Carolina and Columbia Junior Chamber of Commerce; he is the past president of the Southern Conference of Football Officials Association; he is a member of the Richland Sertoma Club; he has served as a potentate's aide for the Jamil Shrine Temple; he is past National Americanism Chairman of the United States Jaycees; he served in the South Carolina House of Representatives from 1967-71, and in the House he served on the Education and Public Works Committee and the Military, Public and Municipal Affairs Committee; and he was elected by the General Assembly to serve as Commissioner of the South Carolina Employment Security Commission in 1971, and has served continuously on the commission ever since; and

Whereas, Lem Harper has been an outstanding member of the Employment Security Commission and has long been an excellent and dedicated public servant; and

Whereas, he is a truly distinguished South Carolinian who has given most generously of his time and talents to the people of the Palmetto State for many years, and it would indeed be most fitting and appropriate that his services be honored by naming for him the new building at the Employment Security Commission's Columbia Complex. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, requests the Employment Security Commission to take the necessary steps to ensure that the new building at the offices of the commission be named for the Honorable C. Lem Harper, Sr., of Columbia.

Be it further resolved that a copy of this resolution be forwarded to the Honorable Samuel R. Foster, Chairman of the South Carolina Employment Security Commission.

Referred to the Committee on Finance.

The Concurrent Resolution was adopted, ordered sent to the House.

H. 3762 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING RICHARD P. "RICK" FELDER, III, OF COLUMBIA ON RECEIVING THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES' DIVISION OF LAND RESOURCES AND CONSERVATION DISTRICTS 1994 OUTSTANDING DIVISION EMPLOYEE AWARD AND THE DEPARTMENT OF NATURAL RESOURCES MERITORIOUS SERVICE AWARD.

The Concurrent Resolution was adopted, ordered returned to the House.

Senator WILSON from the General Committee submitted a favorable with amendment report on:

S. 46 -- Senators Jackson, Elliott, Rose and Washington: A BILL TO AMEND SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, AND 20-7-2900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF LICENSES FOR PRIVATE DAY CARE CENTERS AND RENEWAL THEREOF, APPROVAL OF PUBLIC DAY CARE CENTERS AND RENEWAL THEREOF, THE REGISTRATION OF OPERATORS OF FAMILY DAY CARE HOMES, AND THE ISSUANCE OF LICENSES FOR OR THE REGISTERING OF CHURCH DAY CARE CENTERS, SO AS TO REQUIRE THAT ALL PERSONS APPLYING FOR A LICENSE AS AN OPERATOR OF OR AN EMPLOYEE AT DAY CARE FACILITIES MUST UNDERGO A FINGERPRINT REVIEW TO BE CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION AND TO PROHIBIT THE ISSUANCE OF DAY CARE LICENSES IF SUCH OPERATORS OR EMPLOYEES HAVE BEEN CONVICTED OF CERTAIN CRIMES AND TO AMEND CHAPTER 7 OF TITLE 20 BY ADDING SECTION 20-7-2720, SO AS TO PROVIDE THAT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION MAY NOT CHARGE MORE THAN TEN DOLLARS FOR STATE BACKGROUND CHECKS REQUIRED FOR CHILD CARE FACILITIES.

Ordered for consideration tomorrow.

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