Senate Journal for May 4, 2006 - South Carolina Legislature Online

Thursday, May 4, 2006

(Statewide Session)

THURSDAY, MAY 4, 2006

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, we join today in the National Day of Prayer. Hear the record of II Chronicles 7:14 at the dedication of Solomon’s Temple:

“If my people, who are called by my name, will humble themselves, and pray and seek my face and turn from their wicked ways, then I will hear from heaven, and will forgive their sin and heal their land… ”

Let us pray.

Father, we join with the multitude who believe in prayer in the words of an ancient prayer:

“Lord of life and love, Help us to worship Thee in the holiness of beauty, that some beauty of holiness may appear in us.”

Amen!

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable Mark C. Sanford:

Local Appointments

Initial Appointment, Dillon County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008

Tessa R. Jackson, 332 Dixie Court, P. O. Box 525, Dillon, S.C. 29536 VICE Robert Abson

Reappointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence June 30, 2006, and to expire June 30, 2010

Delegation:

Charles A. Stuart, 7878 Old Reaves Ferry Road, Conway, S.C. 29526

Reappointment, Richland County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008

At-Large:

Rebecca McDuffie Brown, 8 Crossland Lane, Columbia, S.C. 29223

Reappointment, Richland County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008

At-Large:

Elizabeth Cromer Epps, 2119 Dalloz Road, Columbia, S.C. 29204

Reappointment, Richland County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008

At-Large:

Deanne C. Jolly, 7421 Parkview Drive, Columbia, S.C. 29223

Reappointment, Richland County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008

At-Large:

Lillian A. McBride, 545 Trader Mill Road, Columbia, S.C. 29223

Initial Appointment, Richland County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008

At-Large:

Lenora D. McCarty, 4405 Ryan Avenue, Columbia, S.C. 29203 VICE Gloria Wilson

MESSAGE FROM THE GOVERNOR

State of South Carolina

Office of the Governor

P. O. Box 11369

Columbia, SC 29211

May 3, 2006

The Honorable André Bauer

President of the Senate

State House, 1st Floor, East Wing

Columbia, South Carolina 29202

Dear Mr. President and Members of the Senate:

I am hereby vetoing and returning without my approval S. 1352, R-282.

(R282, S1352) -- Senators Knotts, Cromer, Courson and Setzler: AN ACT TO PROVIDE THAT A PUBLIC SAFETY OFFICER WITH THE LEXINGTON COUNTY HEALTH SERVICES DISTRICT MAY RECEIVE TRAINING AT THE DEPARTMENT OF PUBLIC SAFETY’S CRIMINAL JUSTICE ACADEMY DIVISION.

This Bill is special legislation that would allow the security officers of the health service district in Lexington County to attend the state’s Criminal Justice Academy, while not affording health service districts in other counties the same opportunity. The state constitution clearly prohibits the enactment of special legislation where a “general law can be made applicable.” S.C. Const. Art. III, Section 34 (IX). Here a general statute could have been enacted that makes training at the academy available for all health service districts throughout the State.

The Lexington County Health Services District was formed by an ordinance of the Lexington County Council pursuant to S.C. Code §44-7-2010. It is governed by a board of directors, the members of which are appointed by the county council. The district encompasses only Lexington County and it is, by statute, an agency of the county. Because there are similar county or regional health service districts in other parts of the State, this Bill is in violation of Article VIII, Section 7 of the Constitution of the State of South Carolina, which provides that “[n]o laws for a specific county shall be enacted.” Acts similar to S. 1352, R-282, have been struck down by the South Carolina Supreme Court as unconstitutional special legislation.

For these reasons, I am vetoing and returning S. 1352 to you without my signature.

Sincerely,

/s/ Mark Sanford

VETO OVERRIDDEN

On motion of Senator KNOTTS, with unanimous consent, the veto of the Governor was taken up for immediate consideration.

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

Parliamentary Inquiry

Senator FAIR made a Parliamentary Inquiry as to whether the legislation was local or statewide in subject matter.

Senator RICHARDSON spoke on the Inquiry.

The PRESIDENT stated that the legislation was local in nature.

Parliamentary Inquiry

Senator RITCHIE made a Parliamentary Inquiry as to whether the affected delegation or the entire membership of the Senate was required to vote on local legislation.

The PRESIDENT stated that the Rules provide that 2/3 of those members present and voting are required to override the veto but that any member wishing to vote on the matter may do so.

Senator RICHARDSON spoke on the motion to override the Governor’s veto.

Senator KNOTTS spoke on the motion to override the Governor’s veto.

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:

Ayes 6; Nays 0

AYES

AndersonCourson *Cromer

FordKnottsSetzler *

Total--6

NAYS

Total--0

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

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

Doctor of the Day

Senator MOORE introduced Dr. Ty Carter of Aiken, S.C., Doctor of the Day.

Leave of Absence

At 12:40 P.M., Senator MOORE requested a leave of absence beginning at 3:00 P.M. and lasting until Monday.

Leave of Absence

At 12:45 P.M., Senator CROMER requested a leave of absence beginning at 2:00 P.M. and lasting until Monday at 2:00 P.M.

Leave of Absence

At 3:35 P.M., Senator DRUMMOND requested a leave of absence until 2:00 A.M. in the morning.

Leave of Absence

At 3:55 P.M., Senator PATTERSON requested a leave of absence beginning at 9:00 P.M. this evening.

Leave of Absence

At 5:20 P.M., Senator SCOTT requested a leave of absence for the balance of the day.

RECALLED

H.4570 -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME HARDY STREET IN DILLON AS “LILIA MCRAE ROAD” AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS STREET THAT CONTAIN THE WORDS “LILIA MCRAE ROAD”.

Senator RYBERG asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

The Resolution was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.

RECALLED

H.5038 -- Reps. Thompson and Cooper: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 20 IN ANDERSON COUNTY FROM ITS INTERSECTION WITH S 0454 TO ITS INTERSECTION WITH THE UNITED STATES HIGHWAY 29/SOUTH CAROLINA HIGHWAY 20 CONNECTOR “TROOPER RANDALL LAMAR HESTER MEMORIAL HIGHWAY”, AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS “TROOPER RANDALL LAMAR HESTER MEMORIAL HIGHWAY”.

Senator RYBERG asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

The Resolution was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1391 -- Senator Pinckney: A BILL TO AMEND SECTION 59-150-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOPE SCHOLARSHIPS, SO AS TO PROVIDE THAT THE SCHOLARSHIP BE AUTOMATICALLY FUNDED FROM THE GENERAL FUND TO THE EXTENT REQUIRED TO PROVIDE THE SCHOLARSHIP TO ALL ELIGIBLE RECIPIENTS.

l:\council\bills\bbm\10723sj05.doc

Read the first time and referred to the Committee on Finance.

S. 1392 -- Senator Pinckney: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE RIGHT OF SUFFRAGE, BY ADDING SECTION 12 SO AS TO AUTHORIZE A PROCEDURE BY WHICH A CANDIDATE FOR ELECTIVE OFFICE MAY FINANCE HIS CAMPAIGN WITH PUBLIC FUNDS AS THE GENERAL ASSEMBLY MAY DETERMINE.

l:\council\bills\bbm\10719sd05.doc

Read the first time and referred to the Committee on Judiciary.

S. 1393 -- Senator Pinckney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 8 SO AS TO ENACT THE "SOUTH CAROLINA CLEAN ELECTIONS ACT", TO PROVIDE A PROCEDURE BY WHICH CERTAIN CANDIDATES FOR OFFICE WHO AGREE TO LIMITATIONS ON CONTRIBUTIONS TO RECEIVE A PREDETERMINED AMOUNT OF PUBLIC FUNDS FOR CAMPAIGNS AND TO REQUIRE ELECTRONIC DISCLOSURES FOR ALL CAMPAIGN CONTRIBUTIONS TO CANDIDATES AND POLITICAL COMMITTEES.

l:\council\bills\dka\3258dw05.doc

Read the first time and referred to the Committee on Judiciary.

S. 1394 -- Senator Cleary: A SENATE RESOLUTION TO CONGRATULATE THE LOWCOUNTRY DAY SCHOOL BOYS SOCCER TEAM OF GEORGETOWN COUNTY ON ITS IMPRESSIVE WIN OF THE 2005 SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION CLASS A STATE CHAMPIONSHIP TITLE AND TO HONOR THE PLAYERS AND THEIR COACHES, GARY GATES AND DANNY BELL, ON AN EXCEPTIONAL SEASON.

l:\s-res\rec\003socc.dag.doc