House Journal for Mar. 31, 2004 - South Carolina Legislature Online

WEDNESDAY, MARCH 31, 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 Ecclesiastes 2:13: “I saw that wisdom is better than folly, just as light is better than darkness.”

Let us pray. Gracious God, look in favor upon these Representatives and staff. Provide them with every needful thing to do the work of the people. Give them the necessary means to govern with righteousness and justice. We remember our brother Olin Phillips. Touch him with Your healing hand and nourish him in health. Comfort his family and provide for them. We remember our brother Ken Clark on the death of his mother. Comfort him with Your presence and love.

Give Your protection to our leaders of State and Nation. Keep our defenders of freedom in Your protective care. Hear us, O Mighty One. 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. G.BROWN moved that when the House adjourns, it adjourn in memory of Eugene B. McLeod, Sr., father of former Representative E.B. "Mac" McLeod, which was agreed to.

R. 225, H. 4707--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

March 30, 2004

The Honorable David H. Wilkins

Speaker of the House of Representatives

Post Office Box 11867

Columbia, South Carolina 29211

Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 4707, R.225, a Joint Resolution:

TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 26, 27, AND 28, 2004, BY THE STUDENTS OF DILLON COUNTY SCHOOL DISTRICT NOS. 1, 2, AND 3 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

This veto is based on the intention upon which Act 89 of 2003 was signed by me on July 23, 2003. When I signed this legislation last year, it was my aim to give school districts a series of options to make up missed school days. My opposition to legislation like H. 4707 is that it is unnecessary given the enactment of Act 89.

Section 1 of Act 89 (Section 59-1-430(A) of the South Carolina Code of Laws) states that, “[a]ll school districts shall designate annually at least three days within their school calendars to be used as make-up days in the event of . . . [snow, extreme weather conditions, or other disruptions requiring schools to close].” As a result of this requirement, all three Dillon County school districts designated February 16 and March 12 as make-up days. The school districts did make up the missed February 26 snow day. They, however, requested the General Assembly to waive the remaining days.

As a policy, we should require school districts to exhaust their make-up days prior to providing legislative relief under § 59-1-430(B), except in extremely unusual circumstances. Currently, many school districts have either proceeded with using their scheduled make-up days or intend to do so. I believe Act 89 should be applied uniformly to all school districts such that school districts should not obtain legislative relief before making up its missed days. This policy was applied when I recently signed H. 4937, R.226, a bill authorizing the Greenville County school boards to forgive two additional days beyond the three scheduled make-up days already exhausted by Greenville County students. That legislation is the model in both process and policy that this administration envisioned when I signed Act 89 in 2003.

For this reason, I am returning H. 4707, R.225 to you without my signature.

Sincerely,

Mark Sanford

Governor

R. 225, H. 4707--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

(R225) H. 4707 -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 26, 27, AND 28, 2004, BY THE STUDENTS OF DILLON COUNTY SCHOOL DISTRICT NOS. 1, 2, AND 3 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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:

Hayes

Total--1

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.

REPORTS OF STANDING COMMITTEES

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:

H. 4589 -- Reps. Cato, Sandifer, Lee, Anthony, Bailey, Battle, G.Brown, Ceips, Clemmons, Cooper, Duncan, Edge, Hamilton, Harrison, Hayes, Huggins, Jennings, Limehouse, Loftis, Martin, McCraw, Perry, Scarborough, W.D.Smith, Talley, Thompson, Townsend, Tripp, Trotter, Viers, Walker, White and Wilkins: A BILL TO AMEND CHAPTER 5, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR A PROCEDURE FOR THE ADJUSTMENT OF RATES AND CHARGES OF NATURAL GAS DISTRIBUTION UTILITIES TO REFLECT CHANGES IN EXPENSES, REVENUES, INVESTMENTS, DEPRECIATION, AND OTHER CHANGES IN REVENUES AND EXPENSES TO PROVIDE PROCEDURES FOR INTERESTED PARTIES TO CHALLENGE THESE ADJUSTMENTS, AND TO PROVIDE FOR RELATED PROCEDURAL MATTERS.