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Printed Page 3570, May 30
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Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, let us pray.
Our Father, we, too, are disturbed by the ungodly things that are going on in the world, in our neighborhoods... including the burning of places of divine worship!
We know that the root cause of all these terrible things is the flowering of an inherent element in human nature that we used to call SIN!
Help us to remember in these days: a man called St. Paul, who said
(I Cor. 13:2):
"And if I have prophetic powers, and under-
stand all mysteries and all knowledge, and
if I have all faith, so as to remove
mountains, but do not have love, I am nothing."
And a man called St. John who said, as long as he lived:
"Little children, love one another!"
And of a man, named Jesus, Who, long ago, went about Galilee doing good, Who said, in the vernacular:
"Come to me! Let us talk it over!"
Amen!
On motion of Senator HOLLAND, with unanimous consent, Senators McCONNELL, MOORE and RUSSELL were granted leaves of absence to attend a meeting of a Committee of Conference and were to be counted in any quorum calls.
Senator PEELER made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator PEELER moved that a call of the Senate be made. The following Senators answered the call:
Alexander Boan Bryan Cork Courson Courtney Elliott Fair Ford Giese Gregory Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Ryberg Saleeby Setzler Smith, G. Smith, J.V. Thomas Washington WilsonA quorum being present, the Senate resumed.
Senator WALDREP recorded his presence subsequent to the Call of the Senate.
(R448) S. 944 -- Senators Greg Smith and Rose: AN ACT TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF GEORGETOWN COUNTY.
June 4, 1996
Mr. President and Members of the Senate:
I am hereby returning without my approval S. 944, R. 448, an Act:
TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE
This veto is based upon my belief that S. 944, R. 448 of 1996, is unconstitutional. It is clearly an act for a specific county. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted."
For the above reason, I am returning R.448, S. 944, without my approval.
Sincerely,
David M. Beasley
The veto of the Governor was taken up for immediate consideration.
Senator GREG SMITH 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 Boan Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Hayes Holland Hutto 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. Thomas Waldrep Washington 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.
The following were received and referred to the appropriate committees for consideration:
Document No. 2047
Promulgated by Department of Consumer Affairs
28.62. Adjustment of Dollar Amounts
Received by Lt. Governor May 28, 1996
Referred to Senate Committee on Banking and Insurance
120 day review expiration date September 25, 1996
(Subject to Sine Die Revision)
Document No. 2043
Promulgated by Department of Health and Environmental Control
61.92. Underground Storage Tank Control Regulations
Received by Lt. Governor May 29, 1996
Referred to Senate Committee on Medical Affairs
120 day review expiration date September 26, 1996
(Subject to Sine Die Revision)
Document No. 2040
Promulgated by Department of Health and Environmental Control
61.98 State Underground Petroleum Environmental Response Bank (SUPERB) Site Rehabilitation and Fund Access Regulation
Received by Lt. Governor May 29, 1996
Referred to Senate Committee on Medical Affairs
120 day review expiration date September 26, 1996
(Subject to Sine Die Revision)
Document No. 2037
Promulgated by Labor, Licensing and Regulation - Board of Pharmacy
Examination Fees
Received by Lt. Governor May 17, 1996
Document No. 1928
Promulgated by Department of Health and Environmental Control
61.69. Classified Waters
Received by Lt. Governor May 29, 1996
Referred to Senate Committee on Medical Affairs
120 day review expiration date September 26, 1996
(Subject to Sine Die Revision)
On motion of Senator MOORE, at 11:00 A.M., Senator DRUMMOND was granted a leave of absence for today and tomorrow.
At 1:30 P.M., Senator GIESE requested a leave of absence from 8:15 - 10:00 P.M.
On motion of Senator PATTERSON, at 2:30 P.M., Senator MATTHEWS was granted a leave of absence for the balance of the day and tomorrow.
At 6:30 P.M., Senator BOAN requested a leave of absence from 6:30 - 7:15 P.M.
The following were introduced:
S. 1440 -- Senator Courtney: A SENATE RESOLUTION TO RECOGNIZE THE OUTSTANDING CAREER AND THE LIFETIME ACHIEVEMENT OF DR. JACK A. POWERS AND TO CONVEY THE BEST WISHES OF THE SOUTH CAROLINA SENATE ON THE OCCASION OF HIS RETIREMENT AS PRESIDENT OF SPARTANBURG TECHNICAL COLLEGE.
The Senate Resolution was adopted.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1442 -- Senator McConnell: A CONCURRENT RESOLUTION TO CONGRATULATE ALICE TALBIRD BECKETT UPON THE FIFTIETH ANNIVERSARY OF HER ADMISSION TO THE SOUTH CAROLINA BAR ON JUNE 10, 1946.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1443 -- Senator Matthews: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO MR. MELVIN CRUM OF ROWESVILLE UPON BEING NAMED THE "1996 SMALL FARMER OF THE YEAR."
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1444 -- Senator Holland: A BILL TO AMEND SECTION 33-4-101, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATE NAMES, SO AS TO PROHIBIT THE USE OF AN ASSUMED OR FICTITIOUS NAME WHICH INTENTIONALLY MISREPRESENTS THE GEOGRAPHIC ORIGIN OR LOCATION OF THE DOMESTIC CORPORATION; TO AMEND SECTION 33-15-106, AS AMENDED, RELATING TO CORPORATE NAMES OF FOREIGN CORPORATIONS, SO AS TO PROHIBIT THE USE OF AN ASSUMED OR FICTITIOUS NAME WHICH INTENTIONALLY MISREPRESENTS THE GEOGRAPHIC ORIGIN OR LOCATION OF THE FOREIGN CORPORATION; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-41-315, SO AS TO PROHIBIT THE USE OF AN ASSUMED OR FICTITIOUS NAME WHICH INTENTIONALLY MISREPRESENTS THE GEOGRAPHIC ORIGIN OR LOCATION OF
Read the first time and referred to the Committee on Judiciary.
S. 1445 -- Senators Peeler and Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE FLOYD I. HARPER, JR., OF WEST COLUMBIA, SOUTH CAROLINA, UPON BEING SELECTED TO RECEIVE THE SOUTH CAROLINA TAX COUNCIL 1996 SERVICE AWARD AND TO COMMEND HIM FOR HIS CONTRIBUTION TO THE ADVANCEMENT OF THE TAX PROFESSION AND FOR HIS SERVICE TO THE COMMUNITY AND THE SOUTH CAROLINA TAX COUNCIL.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1446 -- Senators Peeler, Lander and Short: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE JACK BARTLEY WEBBER OF UNION COUNTY FOR HIS DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA AND UNION COUNTY AS MAGISTRATE OF THE PINCKNEY TOWNSHIP AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 5095 -- Reps. Scott, Allison, Anderson, Askins, Bailey, Baxley, Beck, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon,
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5096 -- Reps. Scott, Allison, Anderson, Askins, Bailey, Baxley, Beck, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING MR. ANTHONY T. GRANT OF COLUMBIA ON HIS SERVICE AS CHAIRMAN OF THE SOUTH CAROLINA STATE UNIVERSITY BOARD OF TRUSTEES.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5097 -- Reps. Riser, Witherspoon, Rhoad, Koon, Allison, Anderson, Askins, Bailey, Baxley, Beck, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rice, Richardson, Robinson, Rogers,
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5100 -- Reps. Hodges, Boan and Delleney: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE LANCASTER AND CHESTER RAILWAY COMPANY ON THE OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY AND TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY TO THE SHAREHOLDERS OF THIS COMPANY WHO HAVE MADE THIS WONDERFUL ASSET AVAILABLE TO THE CITIZENS OF LANCASTER AND CHESTER COUNTIES.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5101 -- Reps. Harvin, Stuart and Sharpe: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF LILLIAN BOATWRIGHT BOLAND OF SPRINGFIELD AND EXTENDING SYMPATHY TO HER FAMILY AND FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 1441 -- Senator Holland: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE LAWRIE H. HARMON, OFFICE OF THE GOVERNOR, DIVISION OF VETERANS AFFAIRS, FIELD OFFICE SUPERVISOR AT THE DORN VETERANS HOSPITAL, COLUMBIA, SOUTH CAROLINA, WHO HAS PROVIDED OUTSTANDING SERVICE TO VETERANS AND BENEFICIARIES OF VETERANS IN HIS SERVICE AREA AND THE STATE OF SOUTH CAROLINA AND TO THANK HIM FOR THE MANY CONTRIBUTIONS HE HAS MADE IN THIS CAPACITY WHICH HE
Returned with concurrence.
Received as information.
S. 1442 -- Senator McConnell: A CONCURRENT RESOLUTION TO CONGRATULATE ALICE TALBIRD BECKETT UPON THE FIFTIETH ANNIVERSARY OF HER ADMISSION TO THE SOUTH CAROLINA BAR ON JUNE 10, 1946.
Returned with concurrence.
Received as information.
S. 1443 -- Senator Matthews: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO MR. MELVIN CRUM OF ROWESVILLE UPON BEING NAMED THE "1996 SMALL FARMER OF THE YEAR."
Returned with concurrence.
Received as information.
S. 1445 -- Senators Peeler and Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE FLOYD I. HARPER, JR., OF WEST COLUMBIA, SOUTH CAROLINA, UPON BEING SELECTED TO RECEIVE THE SOUTH CAROLINA TAX COUNCIL 1996 SERVICE AWARD AND TO COMMEND HIM FOR HIS CONTRIBUTION TO THE ADVANCEMENT OF THE TAX PROFESSION AND FOR HIS SERVICE TO THE COMMUNITY AND THE SOUTH CAROLINA TAX COUNCIL.
Returned with concurrence.
Received as information.
Columbia, S.C., June 12, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
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