THURSDAY, MAY 13, 2004
Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Psalm 55:1: “Listen to my prayer, O God, do not ignore my pleas; hear me and answer me.”
Let us pray. Lord God, thank You for the gift of prayer and the blessings it brings to others and to ourselves. May Your presence shine upon these women and men as they use Your gifts to enhance the lives of Your people in South Carolina. Bestow Your grace upon our National and State leaders and help them to always do Your will. Bless with Your safekeeping our defenders of freedom and those who wait at home. In Your name we pray. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
MOTION ADOPTED
Rep. M.A.PITTS moved that when the House adjourns, it adjourn in memory of his sister, Kristie Lovvorn, which was agreed to.
MESSAGE FROM THE SENATE
The following was received:
Columbia, S.C., May 12, 2004
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. 231, S. 827 by a vote of 46 to 0.
(R231) S. 827 -- Senators McConnell and J.V.Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-80 SO AS TO REQUIRE AN INDIVIDUAL WHO HOLDS HIMSELF OUT AS A CERTIFIED INDUSTRIAL HYGIENIST OR A CERTIFIED SAFETY PROFESSIONAL TO BE CERTIFIED BY THE AMERICAN BOARD OF INDUSTRIAL HYGIENE OR THE BOARD OF CERTIFIED SAFETY PROFESSIONALS, RESPECTIVELY, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.
Very respectfully,
President
R. 231, S.827--ORDERED PRINTED IN THE JOURNAL
The SPEAKER ordered the following veto printed in the Journal:
April 26, 2004
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202
Mr. President and Members of the Senate:
I am hereby returning without my approval S. 827, R.231, an Act:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-80 SO AS TO REQUIRE AN INDIVIDUAL WHO HOLDS HIMSELF OUT AS A CERTIFIED INDUSTRIAL HYGIENIST OR A CERTIFIED SAFETY PROFESSIONAL TO BE CERTIFIED BY THE AMERICAN BOARD OF INDUSTRIAL HYGIENE OR THE BOARD OF CERTIFIED SAFETY PROFESSIONALS, RESPECTIVELY, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.
I applaud the American Board of Industrial Hygiene and the Board of Certified Safety Professionals for their efforts to promote workplace safety and to encourage qualified workplace safety professionals. However, I must respectfully veto this legislation based on the administration’s belief that unless there is widespread harm the state’s power to criminalize conduct need not be invoked in instances where private associations and the market place can provide sufficient oversight when combined with the judicial system and civil remedies for harm incurred by misrepresentation.
Senate Bill 827, R.231 provides for criminal penalties if a person holds himself out, verbally or in writing, as a certified industrial hygienist or a certified safety professional. While I understand and appreciate that these certified professionals must undergo an intensive examination and certification process worthy of a certified status, I believe voluntary associations, professional boards and the marketplace can be used to highlight these qualifications and the difference they can make in protecting the public - as well as promoting the value of using a certified professional and in policing unqualified professionals.
This policy is grounded in my fundamental belief in the need to limit government relative to the rest of society because this relationship in the long run determines how a society is ordered. Ultimately, there are two fundamental ways to order society; voluntarily, through private interaction of individuals, associations, religious organizations, businesses etc. – what some term civil society – or coercively, through the power of the state – government or what some call “political society.” The power of South Carolina’s government could be brought to bare in solving this issue, but I would like to see further efforts at the association level to remedy this issue first. Even George Washington recognized this dilemma when he wrote, "Government is not reason, it is not eloquence -- it is force. Like fire, it is a dangerous servant and a fearsome master."
My position on this issue has been consistent, in our Executive Budget we proposed to eliminate state oversight of professional geologists and foresters because we believed their voluntary associations and professional boards could provide adequate oversight to ensure public protection. I believe that we should follow a similar approach by relying on professional organizations to provide sufficient qualifications for industrial hygienists and safety professionals and necessary safeguards for the public.
For these reasons, I am returning S. 827, R.231 to you without my signature.
Sincerely,
Mark Sanford
Governor
MESSAGE FROM THE SENATE
The following was received:
Columbia, S.C., May 12, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H.4591:
H. 4591 -- Rep. Bailey: A BILL TO AMEND SECTION 50-11-565, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CROSSBOWS WHILE HUNTING BY DISABLED PERSONS, SO AS TO PERMIT THE STATEMENT OF DISABILITY TO BE CERTIFIED BY A RHEUMATOLOGIST AS WELL AS A NEUROLOGIST OR ORTHOPEDIST.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
REPORTS OF STANDING COMMITTEE
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
S. 813 -- Senators Richardson, Hutto, Ravenel and Kuhn: A BILL TO AMEND SECTION 4-10-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BALLOT QUESTION SUBMITTED TO THE QUALIFIED ELECTORS OF A COUNTY FOR THE APPROVAL OF THE IMPOSITION OF A SALES AND USE TAX IN THE COUNTY AND THE PURPOSES FOR WHICH THE PROCEEDS OF THE TAX MAY BE USED, SO AS TO ADD PUBLIC PARKING GARAGES AND BEACH ACCESS AND BEACH RENOURISHMENT FOR WHICH THE PROCEEDS OF THE TAX MAY BE USED.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
S. 131 -- Senators Giese, Ritchie, Ravenel, Reese, Courson, Mescher and Rankin: A BILL TO AMEND SECTION 59-112-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF THE ARMED SERVICES OF THE UNITED STATES STATIONED IN SOUTH CAROLINA AND THEIR DEPENDENTS BEING ELIGIBLE FOR IN-STATE TUITION RATES, SO AS TO PROVIDE THAT MEMBERS OF THE COAST GUARD AND THEIR DEPENDENTS STATIONED IN THIS STATE ARE ALSO ELIGIBLE FOR IN-STATE TUITION RATES.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
S. 791 -- Senator McConnell: A BILL TO AMEND SECTION 59-150-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOTTERY VENDORS AND RESTRICTIONS ON THESE VENDORS, SO AS TO PROVIDE THAT CERTAIN PROHIBITIONS AND RESTRICTIONS RELATING TO CONTRIBUTIONS AND LOBBYING DO NOT APPLY TO A LOTTERY VENDOR THAT IS A FEDERALLY-CHARTERED OR INSURED FINANCIAL INSTITUTION WHICH PROVIDES ONLY BANKING SERVICES AS A LOTTERY VENDOR, BUT DO APPLY TO THE VENDOR'S EMPLOYEES WHO ARE INVOLVED ON A DAY-TO-DAY BASIS IN PROVIDING THE GOODS OR SERVICES THAT ARE THE SUBJECT OF THE CONTRACT WITH THE LOTTERY COMMISSION.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
S. 767 -- Senators Courson, Cromer, Land, Matthews, Fair, Hawkins, Verdin, Alexander, Anderson, Branton, Elliott, Ford, Giese, Glover, Gregory, Grooms, Hayes, Jackson, Knotts, Kuhn, Malloy, Martin, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Setzler, Short, J.V.Smith, Waldrep, Thomas, McConnell, Ryberg, Ritchie, Leatherman, Hutto and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 IN CHAPTER 1 OF TITLE 25 SO AS TO ESTABLISH AND PROVIDE FOR THE OPERATIONS AND ADMINISTRATION OF THE SOUTH CAROLINA MILITARY FAMILY RELIEF FUND, TO PROVIDE THE USES OF THE FUND TO AWARD GRANTS TO MILITARY FAMILIES AND PROVIDE THE ELIGIBILITY FOR AND TYPES OF GRANTS THAT MAY BE AWARDED, TO PROVIDE THAT GRANT APPLICATIONS MUST BE MADE TO THE ADJUTANT GENERAL, AND TO PROVIDE FOR THOSE REVENUES TO BE CREDITED TO THIS FUND, AND TO AMEND SECTION 12-6-5060, AS AMENDED, RELATING TO DONATIONS THAT MAY BE MADE BY CHECKOFFS ON THE STATE INDIVIDUAL INCOME TAX RETURN, SO AS TO PROVIDE A CHECKOFF FOR THE SOUTH CAROLINA MILITARY FAMILY RELIEF FUND.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
S. 852 -- Senator McGill: A BILL TO AMEND SECTIONS 9-1-10 AND 9-11-10, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE POLICE OFFICERS RETIREMENT SYSTEM, RESPECTIVELY, SO AS TO PROVIDE THAT THE DEFINITION OF "PUBLIC SERVICE" INCLUDES PAID SERVICE RENDERED AS AN EMPLOYEE OF A POSTSECONDARY PUBLIC TECHNICAL COLLEGE OR PUBLIC JUNIOR COLLEGE, OR A PUBLIC FOUR-YEAR OR POSTGRADUATE INSTITUTION OF HIGHER EDUCATION, WHILE THE MEMBER WAS A STUDENT AT THAT INSTITUTION.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
S. 277 -- Senator Hayes: A BILL TO AMEND SECTION 4-9-195, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A COUNTY TO GRANT SPECIAL PROPERTY TAX ASSESSMENTS TO HISTORIC PROPERTIES AND LOW AND MODERATE INCOME RENTAL PROPERTIES, SO AS TO ESTABLISH CRITERIA BY WHICH A COUNTY MAY OFFER ECONOMIC INCENTIVES FOR RENOVATION AND REHABILITATION OF ARCHITECTURALLY SIGNIFICANT HOMES BY OWNERS WHO OCCUPY THEM.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
S. 16 -- Senators Setzler, Mescher, Grooms, Ravenel, Reese, Courson, Branton and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, ADDING SECTION 8-11-177 TO PROVIDE THREE DAYS OF PAID LEAVE FOR STATE EMPLOYEES IN THE CASE OF THE DEATH OF AN IMMEDIATE FAMILY MEMBER AND PERMIT THE EMPLOYING AGENCY TO REQUIRE A STATEMENT FROM THE EMPLOYEE STATING THEIR RELATIONSHIP TO THE DECEASED.
Ordered for consideration tomorrow.
INTRODUCTION OF BILL
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 5244 -- Rep. Barfield: A BILL TO ENACT THE HORRY COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION, FOLLOWING REFERENDUM APPROVAL, OF A SALES AND USE TAX IN HORRY COUNTY NOT TO EXCEED ONE PERCENT FOR NOT MORE THAN TEN YEARS FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION.
On motion of Rep. BARFIELD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
CONCURRENT RESOLUTION
The following was taken up for immediate consideration:
H. 5245 -- Rep. Quinn: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF MAY 2004 AS MENTAL HEALTH MONTH IN SOUTH CAROLINA AND TO RAISE COMMUNITY AWARENESS AND UNDERSTANDING OF MENTAL ILLNESS AND THE NEED FOR APPROPRIATE AND ACCESSIBLE SERVICES FOR ALL PEOPLE WITH MENTAL ILLNESS.
Whereas, the members of the General Assembly call upon all citizens, government agencies, public and private institutions, businesses, and schools in South Carolina to increase our state’s understanding and acceptance of mental illnesses; and
Whereas, mental health is critical for the wellbeing and vitality of our families, businesses, and communities; and
Whereas, mental illness will strike one in five Americans in a given year regardless of age, gender, race, ethnicity, religion, or economic status; and
Whereas, one in five children suffers from a diagnosable mental or emotional disorder, and one in ten has a serious disorder which, if untreated, can lead to school failure, addiction, and even suicide; and
Whereas, mental disorders, collectively, make mental illness the most prevalent health problem in America today, and it is more common than cancer and lung and heart disease combined; and
Whereas, the South Carolina Department of Mental Health observes Mental Health Month each year in May to raise awareness of mental health, mental illness, and insurance discrimination against people with mental illnesses; and
Whereas, the General Assembly commends the South Carolina Department of Mental Health for its difficult task of educating the public about the often misunderstood issue of mental illness. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, designate the month of May 2004 as Mental Health Month in South Carolina and raise community awareness and understanding of mental illness and the need for appropriate and accessible services for all people with mental illness.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Mental Health.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
CONCURRENT RESOLUTION
The Senate sent to the House the following:
S. 1231 -- Senator Anderson: A CONCURRENT RESOLUTION TO COMMEND THE ADMINISTRATION, FACULTY, STAFF, AND SUPPORTERS OF ST. ANTHONY OF PADUA CATHOLIC SCHOOL IN GREENVILLE FOR SUCCESSFULLY NURTURING MORE THAN FIVE THOUSAND YOUNGSTERS IN A FRANCISCAN ENVIRONMENT OF LOVE, PEACE, AND SECURITY SINCE 1951 AND WISH THEM CONTINUED SUCCESS IN THE FIELD OF EDUCATION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
CONCURRENT RESOLUTION
The Senate sent to the House the following:
S. 1232 -- Senator Thomas: A CONCURRENT RESOLUTION TO CONGRATULATE BOB JONES ACADEMY VARSITY MOCK TRIAL TEAM, LOCATED IN GREENVILLE, SOUTH CAROLINA, FOR ITS COMMITMENT TO EXCELLENCE AND DEMONSTRATION OF EXTRAORDINARY ABILITY IN THE AREA OF MOCK TRIAL COMPETITION UPON BEING DECLARED THE HIGH SCHOOL MOCK TRIAL NATIONAL CHAMPIONS.