Senate Journal for Jan. 13, 2004 - South Carolina Legislature Online

TUESDAY, JANUARY 13, 2004

Tuesday, January 13, 2004

(Statewide Session)

Indicates Matter Stricken

Indicates New Matter

The General Assembly of the State of South Carolina, begun and holden at Columbia on the second Tuesday in January, being the 13th day of the month.

Pursuant to the provisions of the Constitution, the members of the Senate assembled this day in the Senate Chamber at 12 o’clock Noon.

The Senate was called to order by the PRESIDENT, the Honorable André Bauer.

Proceedings were opened with a prayer by the Chaplain, the Reverend George E. Meetze, of Columbia, S.C., as follows:

Beloved, in this critical period of history, hear the Word of God spoken through the prophet Isaiah (49:6 RSV):

“I will give you as a light to the nations, that my Salvation may reach to the end of the earth.”

Let us pray.

Father, you led the Hebrew children out of Egyptian bondage into the Promised Land.

You are our hope in our age… as in every age. As we return to this hallowed Chamber to serve our people, make us… even us… instruments of the Divine Will in our common life.

We thank you for work to do: for useful tasks that need careful study and precise judgment. Where it may be necessary to “bite the bullet,” give us courage to do it!

Granting us, O Holy Father, unity of purpose in the bond of a committed fellowship is our prayer in the Spirit of Him who taught us to pray… together:

“Our Father, Who art in heaven, hallowed be Your Name, Thy Kingdom come. Thy Will be done, on earth as it is in heaven. Give us this day our daily bread; and forgive us our trespasses, as we forgive those who trespass against us. And lead us not into temptation, but deliver us from evil. For Thine is the Kingdom, the power, and the glory, forever and ever. Amen!”

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

VETO SUSTAINED

State of South Carolina

Office of the Governor

P. O. Box 11369

Columbia, SC 29211

August 20, 2003

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. 194, R-136, an Act:

TO AMEND SECTION 9-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO DELETE FROM THE DEFINITION OF "EMPLOYEE" THE EXCLUSION FROM COLLEGE WORK-STUDY STUDENTS AND GRADUATE ASSISTANTS; AND TO AMEND SECTION 9-1-1790, AS AMENDED, RELATING TO RETIRED MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT, SO AS TO REDUCE FROM SIXTY DAYS TO FIFTEEN CONSECUTIVE CALENDAR DAYS TO TIME A MEMBER MUST BE RETIRED BEFORE RETURNING TO COVERED EMPLOYMENT AND ALLOWED TO RECEIVE RETIREMENT BENEFITS UNTIL MEETING THE EARNING LIMIT FOR THE YEAR.

This veto is based upon my belief that Section 1 of S. 194, R-136, could impose a severe financial burden on the state’s public colleges and universities by expanding the group of public employees who can participate in the South Carolina Retirement System (“SCRS”) to all work-study students and graduate assistants employed by a school, college or university.

The cost to the thirty-three state supported colleges and universities is estimated to be approximately $724,000 each year according to analysis prepared by the Office of State Budget. This estimate is based on ten percent participation in the SCRS by all work-study and graduate students employed by the thirty-three state supported colleges and universities. The state’s research universities, Clemson University, the University of South Carolina and the Medical University of South Carolina, will bear the weight of this burden because they employ the majority of work-study and graduate students. The cost in employer contributions to the research universities if all of their work-study students and graduate assistants participated in the SCRS is estimated to be approximately $5.95 million.

Additionally, it is my belief that students employed by public colleges and universities should not be able to participate in the SCRS because their employment is temporary and their intentions to remain employed in government is highly unpredictable.

Although I do not object to Section 2 of S. 194, R-136, the South Carolina Constitution prevents me from vetoing specific objectionable provisions of this Bill. I am vetoing this Bill because I believe that most students are not likely to enjoy the long-term benefits of membership in the SCRS and the potential fiscal impact to our state supported colleges and universities is unduly burdensome.

Sincerely,

Mark Sanford

Governor

The veto of the Governor was taken up for immediate consideration.

Senator McGILL moved that the veto of the Governor be sustained.

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 0; Nays 45

AYES

Total--0

NAYS

Alexander Anderson Branton

Courson Cromer Drummond

Elliott Fair Ford

Giese Glover Gregory

Grooms Hawkins Hayes

Hutto Jackson Knotts

Kuhn Land Leatherman

Leventis Malloy Martin

Matthews McConnell McGill

Mescher Moore O'Dell

Patterson Peeler Pinckney

Rankin Ravenel Reese

Richardson Ritchie Ryberg

Setzler Short Smith, J. Verne

Thomas Verdin Waldrep

Total--45

The necessary two-thirds vote not having been received, the veto of the Governor was sustained, and a message was sent to the House accordingly.

VETO OVERRIDDEN

State of South Carolina

Office of the Governor

P. O. Box 11369

Columbia, SC 29211

August 8, 2003

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. 521, R144, an Act:

TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO DELETE THE PROHIBITION THAT A MEMBER OF THE COMMISSION MAY NOT SERVE MORE THAN TWO CONSECUTIVE TERMS.

This veto is based on my belief that this Bill is unconstitutional. S.521, R144 proposes to allow members of the Lexington County Recreation Commission to serve the term for which they were elected and two additional terms. As such, S. 521, R144 affects only Lexington County and is, therefore, clearly an act for a specific county. Such acts are 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. 521, R144 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7.

For this reason, I am returning S. 521, R144 to you without my signature.

Sincerely,

Mark Sanford

Governor

The veto of the Governor was taken up for immediate consideration.

Senator KNOTTS 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:

Ayes 45; Nays 0

AYES

Alexander Anderson Branton

Courson Cromer Drummond

Elliott Fair Ford

Giese Glover Gregory

Grooms Hawkins Hayes

Hutto Jackson Knotts

Kuhn Land Leatherman

Leventis Malloy Martin

Matthews McConnell McGill

Mescher Moore O'Dell

Patterson Peeler Pinckney

Rankin Ravenel Reese

Richardson Ritchie Ryberg

Setzler Short Smith, J. Verne

Thomas Verdin Waldrep

Total--45

NAYS

Total--0

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

VETO OVERRIDDEN

State of South Carolina

Office of the Governor

P. O. Box 11369

Columbia, SC 29211

August 8, 2003

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. 727, R153, an Act:

TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004 THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICT TWO OF CLARENDON COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION, PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

This Bill is special legislation that would allow School District Two of Clarendon County to set its calendar for the 2003-2004 school year. The purpose of this Bill has been accomplished by a general law, H.3361, R163, which gives all local school boards the authority to establish an annual school calendar. I signed H. 3361, R163 into law on July 23, 2003. Accordingly, this Bill is not necessary.

For this reason, I am returning S. 727, R153 to you without my signature.

Sincerely,

Mark Sanford

Governor

The veto of the Governor was taken up for immediate consideration.

Senator LAND moved that the veto of the Governor be sustained.

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 45; Nays 0

AYES

Alexander Anderson Branton

Courson Cromer Drummond

Elliott Fair Ford

Giese Glover Gregory

Grooms Hawkins Hayes

Hutto Jackson Knotts

Kuhn Land Leatherman

Leventis Malloy Martin

Matthews McConnell McGill

Mescher Moore O'Dell

Patterson Peeler Pinckney

Rankin Ravenel Reese

Richardson Ritchie Ryberg

Setzler Short Smith, J. Verne

Thomas Verdin Waldrep

Total--45

NAYS

Total--0

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

Expression of Personal Interest

Senator McCONNELL rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator ELLIOTT rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator RAVENEL rose for an Expression of Personal Interest.

Remarks by Senator RAVENEL

Mr. PRESIDENT, fellow Members of the Senate, many years ago, back in the 1950’s when Jimmy Byrnes was our Governor, there were then, as there are now, 170 members of the General Assembly. Two years ago today, of those 170 members here in 1954, there were only 3 remaining: the Senator from Darlington, Senator SALEEBY, the Senator from Kershaw, Senator HOLLAND, and this Senator. It is only natural that as a pool of survivors grows smaller, those left grow closer. So it was with us, and the year before last, the Senator from Darlington went to his reward. That left the Senator from Kershaw and my favorite Senator. Almost on a daily basis we would get together here in the Senate and inquire as to each other’s health and share amusing stories of our service in the General Assembly back in the fifties. Then, during our recess, my old friend, the Senator from Kershaw, Senator HOLLAND, suddenly departed this life. Fellow Senators, we have lost two gentlemen of the old school of southern politics. Their presence is sorely missed. Now of those 170 members of the General Assembly when James F. Byrnes was Governor, only one remains, and I want you to know that he feels pretty damn good!

Expression of Personal Interest

Senator RICHARDSON rose for an Expression of Personal Interest.

CO-SPONSORS ADDED

S.18 -- Senators Moore, Martin, Mescher, Grooms, Elliott and Reese: A BILL TO AMEND SECTION 1237224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR HOMES WHICH QUALIFY AS A PRIMARY OR SECONDARY RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAX, SO AS TO INCLUDE TRAILERS USED FOR CAMPING AND RECREATIONAL TRAVEL PULLED BY A MOTOR VEHICLE.

On motion of Senator CROMER, with unanimous consent, the name of Senator CROMER was added as a co-sponsor of S. 18.

S.95 -- Senator Gregory: A BILL TO AMEND SECTION 15-3-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL ACTIONS BASED UPON A DEFECTIVE OR UNSAFE CONDITION OF AN IMPROVEMENT TO REAL PROPERTY, SO AS TO ESTABLISH AN OUTSIDE LIMITATION OF SIX YEARS AFTER SUBSTANTIAL COMPLETION OF THE IMPROVEMENT FOR BRINGING THE ACTION.

On motion of Senator CROMER, with unanimous consent, the name of Senator CROMER was added as a co-sponsor of S. 95.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 2841

Agency: Forestry Commission

SUBJECT: General Regulations on South Carolina Forestry Commission Lands

Received by Lieutenant Governor January 13, 2004

Referred to Fish, Game and Forestry Committee