Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

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| Printed Page 4790, June 13 | Printed Page 4810, June 13 |

Printed Page 4800 . . . . . Tuesday, June 13, 1995

Record for Journal

I reluctantly voted against the Conference Committee report because of its provisions terminating South Carolina's membership in the Southeast Low Level Nuclear Waste Compact, and opening-up the Barnwell County disposal facility, operated by the Chem-Nuclear Company, to nuclear garbage from throughout the nation and other parts of the world.

Although I object to other elements of this legislation, I would not have voted against the report but for the presence of this odious provision extending and expanding the operation of the Barnwell nuclear waste dump.

I endorse the improvements which the conference report contains over the House-passed budget bill in funding public elementary, secondary and higher education, and state employee compensation.

I also endorse progress on residential property tax reduction. This is an issue I have worked on for two years, and this bill obviously commits substantial resources to roll back residential property taxes. I regret that additional spending limits and enhancement of the public's right to participate directly on budget issues were left out of the conference report.

I am also concerned about the expenditure of non-recurring revenue on many new projects, and especially the excessive use of non-recurring revenue to fund recurring expenses. Next year's budget will carry an historically high annualization cost. If the House majority follows this year's precedent, education budgets will be targeted first to cover any shortfalls.

Because the General Appropriation Bill funds the operation of all of state government, voting against it is a step that should not be taken lightly. However, the issue involving the Barnwell nuclear dump has overriding policy implications for our state. The fact the House leadership refused to even allow debate and a separate vote on this issue is unconscionable. The citizens of this state were denied their rights to be heard through their elected representatives, and denied their rights to hold their representatives accountable on this issue.

The actions of the House majority on Barnwell is the most glaring example of its degradation of environmental conservation as a fundamental policy priority for our state. I believe they are out of step with the values of the people of South Carolina, and they have lost sight of their responsibilities to future generations.

Under these circumstances, I believe it was my duty to vote against the conference report.

Rep. TIMOTHY F. ROGERS


Printed Page 4801 . . . . . Tuesday, June 13, 1995

Rep. TOWNSEND moved that the House recede until 2:45 P.M., which was adopted.

THE HOUSE RESUMES

At 2:45 P.M. the House resumed, the SPEAKER in the Chair.

HOUSE RESOLUTION

The following was introduced:

H. 4308 -- Reps. P. Harris and Tucker: A HOUSE RESOLUTION CONGRATULATING HARRY FINDLEY OF ANDERSON COUNTY ON BEING AN INTEGRAL PART OF AN IMPORTANT UPCOMING MISSION TO RUSSIA, AND WISHING MR. FINDLEY AND HIS FELLOW PARTICIPANTS MUCH GOOD LUCK AND SUCCESS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4309 -- Reps. Whatley, Seithel, Fulmer, Harrell, Hutson, Dantzler, Breeland, Inabinett, Limehouse, S. Whipper and L. Whipper: A HOUSE RESOLUTION TO RECOGNIZE THE MANY CONTRIBUTIONS OF MR. MINER WILLIAM CROSBY, JR., TO THE CHARLESTON AND NORTH CHARLESTON COMMUNITIES PRIOR TO HIS DEATH AND TO EXTEND TO HIS FAMILY THE DEEPEST SYMPATHY OF THE HOUSE AT HIS LOSS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4310 -- Reps. McElveen, G. Brown, Canty, Neal, J. Young, Harvin, Baxley, T. Brown and Kennedy: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE DAVID F. MCINNIS OF SUMTER COUNTY FOR HIS OUTSTANDING SERVICE AS JUDGE OF THE THIRD JUDICIAL CIRCUIT AND EXTENDING JUDGE MCINNIS OUR BEST WISHES FOR HAPPINESS FOLLOWING HIS RETIREMENT FROM THE CIRCUIT BENCH.


Printed Page 4802 . . . . . Tuesday, June 13, 1995

Whereas, the Honorable David F. McInnis of Sumter County has announced his intention to retire from the position of circuit court judge, effective October 1, 1995; and

Whereas, Judge McInnis has been an outstanding jurist and has represented the Third Judicial Circuit for the past ten years; he has been fair and impartial in his rulings and decisions affecting litigants and attorneys appearing before him; and justice has been the hallmark of his tenure on the State's circuit bench; and

Whereas, Judge McInnis was born in Timmonsville; he graduated from Sumter's Edmunds High School, from the University of North Carolina with an A.B. degree, and from the University of South Carolina School of Law; he served as Sumter City Recorder from 1966-70 and as county prosecutor from 1984-85; and he was well-known and highly regarded as a distinguished lawyer and member of the South Carolina Bar; and

Whereas, he is a former member of the South Carolina House of Representatives, where he rendered excellent legislative service to the people of South Carolina from 1975-82; and

Whereas, he has been a dedicated and outstanding public servant for many years, and the citizens of the Palmetto State are truly grateful for his service, contributions, and accomplishments with respect to good government. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, commends the Honorable David F. McInnis of Sumter County for his outstanding service as Judge of the Third Judicial Circuit and extends to him best wishes for happiness following his retirement from the circuit bench.

Be it further resolved that a copy of this resolution be forwarded to Judge McInnis, our good friend and distinguished former colleague.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 13, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3787:
H. 3787 -- Reps. Richardson, Cotty, Rice, Cobb-Hunter, Keyserling, J. Brown, Worley, S. Whipper, Limehouse, Moody-Lawrence, Byrd,


Printed Page 4803 . . . . . Tuesday, June 13, 1995

Shissias, Herdklotz, Lloyd, D. Smith, Wilkes, Mason and Thomas: A BILL TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE LICENSES FOR PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE FOR PRORATED LICENSES; TO REPEAL SECTION 12-33- 220, RELATING TO AN OBSOLETE PROVISION ALLOWING PRORATION OF LICENSES, AND TO PROVIDE FOR REFUNDS IN CASES OF CERTAIN LICENSES ISSUED AFTER NOVEMBER, 1994.
Very respectfully,
President

H. 3787--ORDERED ENROLLED FOR RATIFICATION

The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 13, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has granted Free Conference Powers and appointed Senators Stilwell, Moore and Holland of the Committee of Free Conference on the part of the Senate on S. 101:
S. 101 -- Senators Leventis, Ryberg, Rose, Giese and Elliott: A BILL TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S JURISDICTION OVER CERTAIN CRIMINAL OFFENSES AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST A MAGISTRATE SENTENCING ANY PERSON TO CONSECUTIVE TERMS OF IMPRISONMENT TOTALING MORE THAN NINETY DAYS DOES NOT APPLY TO SENTENCES FOR CONVICTIONS RESULTING FROM A VIOLATION OF CHAPTER 11 OF TITLE 34 PERTAINING TO FRAUDULENT CHECKS OR A VIOLATION OF


Printed Page 4804 . . . . . Tuesday, June 13, 1995

SECTION 16-13-10 RELATING TO FORGERY WHICH INVOLVES A CHECK.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 13, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 101:
S. 101 -- Senators Leventis, Ryberg, Rose, Giese and Elliott: A BILL TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S JURISDICTION OVER CERTAIN CRIMINAL OFFENSES AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST A MAGISTRATE SENTENCING ANY PERSON TO CONSECUTIVE TERMS OF IMPRISONMENT TOTALING MORE THAN NINETY DAYS DOES NOT APPLY TO SENTENCES FOR CONVICTIONS RESULTING FROM A VIOLATION OF CHAPTER 11 OF TITLE 34 PERTAINING TO FRAUDULENT CHECKS OR A VIOLATION OF SECTION 16-13-10 RELATING TO FORGERY WHICH INVOLVES A CHECK.
Very respectfully,
President

S. 101--ORDERED ENROLLED FOR RATIFICATION

The report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 13, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has granted Free Conference Powers and appointed Senators Drummond,


Printed Page 4805 . . . . . Tuesday, June 13, 1995

J. Verne Smith and Peeler of the Committee of Free Conference on the part of the Senate on H. 3362:
H. 3362

GENERAL APPROPRIATION BILL

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 13, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3362:

H. 3362

GENERAL APPROPRIATION BILL

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 13, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted in the Senate and the Report of the Committee of Conference having been adopted by the House, both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:

H. 3362

GENERAL APPROPRIATION BILL

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 13, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 126:


Printed Page 4806 . . . . . Tuesday, June 13, 1995

S. 126 -- Senators Land and Washington: A BILL TO AMEND SECTION 9-8-110(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS ON THE DEATH OF A MEMBER OR BENEFICIARY OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE THE PROVISION TERMINATING BENEFITS PAID TO THE SURVIVING SPOUSE OF A MEMBER ON HER REMARRIAGE.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 13, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:
S. 126 -- Senators Land and Washington: A BILL TO AMEND SECTION 9-8-110(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS ON THE DEATH OF A MEMBER OR BENEFICIARY OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE THE PROVISION TERMINATING BENEFITS PAID TO THE SURVIVING SPOUSE OF A MEMBER ON HER REMARRIAGE.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 13, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 124, S. 814 by a vote of 44 to 0.


Printed Page 4807 . . . . . Tuesday, June 13, 1995

(R124) S. 814 -- Senator Holland: AN ACT TO REPEAL ACT 467 OF 1969, RELATING TO THE JURISDICTION OF THE POLICE DEPARTMENT OF THE TOWN OF JEFFERSON IN CHESTERFIELD COUNTY.
Very respectfully,
President

R. 124, S. 814--GOVERNOR'S VETO OVERRIDDEN

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 12, 1995
The Honorable Robert L. Peeler
President of the Senate
Post Office Box 142
Columbia, S.C. 29202

Dear Mr. President and Members of the Senate:

I am hereby returning without my approval S. 814, R. 124, an Act:
TO REPEAL ACT 467 OF 1969, RELATING TO THE JURISDICTION OF THE POLICE DEPARTMENT OF THE TOWN OF JEFFERSON IN CHESTERFIELD COUNTY.

This veto is based upon my belief that S. 814, R. 124 of 1995, is unconstitutional. It is clearly an act for a specific municipality, the Town of Jefferson. Article VIII, Section 10 of the South Carolina Constitution states that "[n]o laws for a specific municipality shall be enacted."

For the above reason, I am returning S. 814, R. 124, without my signature.

Sincerely,
David M. Beasley

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:

Yeas 1; Nays 0

Those who voted in the affirmative are:

Baxley

Total--1



Printed Page 4808 . . . . . Tuesday, June 13, 1995

Those who voted in the negative are:

Total--0

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 13, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 117, S. 670 by a vote of 44 to 0.
(R117) S. 670 -- Senator Holland: AN ACT TO PROVIDE THAT EACH MEMBER OF THE KERSHAW COUNTY TRANSPORTATION COMMITTEE SHALL BE ALLOWED AND PAID FROM KERSHAW COUNTY "C" FUND REVENUES SEVENTY-FIVE DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE, AND PROVIDE THAT THE COMMITTEE SHALL RECEIVE THE PAYMENT AUTHORIZED IN THIS ACT UPON ISSUANCE OF APPROVED VOUCHERS BY THE COMMITTEE'S CHAIRMAN, EXCEPT THAT THE CHAIRMAN MAY NOT APPROVE VOUCHERS IN ANY SINGLE FISCAL YEAR WHICH VOUCHERS AUTHORIZE PAYMENT FOR MORE THAN FIFTEEN MEETINGS PER FISCAL YEAR FOR EACH MEMBER OF THE COMMITTEE.
Very respectfully,
President


Printed Page 4809 . . . . . Tuesday, June 13, 1995

R. 117, S. 670--GOVERNOR'S VETO OVERRIDDEN

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 12, 1995
The Honorable Robert L. Peeler
President of the Senate
Post Office Box 142
Columbia, S.C. 29202

Dear Mr. President and Members of the Senate:

I am hereby returning without my approval S. 670, R. 117, an Act:
TO PROVIDE THAT EACH MEMBER OF THE KERSHAW COUNTY TRANSPORTATION COMMITTEE SHALL BE ALLOWED AND PAID FROM KERSHAW COUNTY "C" FUND REVENUES SEVENTY-FIVE DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE, AND PROVIDE THAT THE COMMITTEE SHALL RECEIVE THE PAYMENT AUTHORIZED IN THIS ACT UPON ISSUANCE OF APPROVED VOUCHERS BY THE COMMITTEE'S CHAIRMAN, EXCEPT THAT THE CHAIRMAN MAY NOT APPROVE VOUCHERS IN ANY SINGLE FISCAL YEAR WHICH VOUCHERS AUTHORIZE PAYMENT FOR MORE THAN FIFTEEN MEETINGS PER FISCAL YEAR FOR EACH MEMBER OF THE COMMITTEE.

This veto is based on my belief that the compensation of members of County Transportation Committees addressed by S. 670, R. 117 of 1995, should be dealt with by general legislation.

For the above reason, I am returning S. 670, R. 117, without my signature.

Sincerely,
David M. Beasley

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:

Yeas 3; Nays 0

Those who voted in the affirmative are:

Baxley           Cotty            Sheheen

Total--3


Printed Page 4810 . . . . . Tuesday, June 13, 1995

Those who voted in the negative are:

Total--0

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.


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