THURSDAY, APRIL 24, 2003
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 138:8: “The Lord will fulfill His purpose for me; Your love, O Lord endures forever.”
Let us pray. O God, You wonderfully created and yet more wonderfully restored the dignity of human nature. Be present with this body to guide them in providing the resources for the people of this great State. Bless Your servant, Joel Lourie. Comfort his family in this time of sorrow. Give to our leaders the courage and wisdom to do Your will. Bless this nation, our President and those in command. Protect those in harm’s way. Give us peace with honor. Hear our prayer. 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. KIRSH moved that when the House adjourns, it adjourn in memory of Doris Jean "Dot" Biggers of Clover, which was agreed to.
SILENT PRAYER
The House stood in silent prayer for the family of Representative Lourie in the death of his father, former Senator Isadore Lourie.
MESSAGE FROM THE SENATE
The following was received:
Columbia, S.C., April 23, 2003
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.41, S. 501 by a vote of 46-0.
(R41) S. 501 -- Senator Short: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN 2002-2003, BY THE STUDENTS OF THE CHESTER COUNTY SCHOOL DISTRICT WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS MAY BE MADE UP BY EXEMPTING THEM 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, AUTHORIZE EXTENDING THE LENGTH OF SCHOOL DAYS OR MAKE-UP DAYS ON SATURDAYS, OR AUTHORIZE THE DISTRICT TO USE COMBINATIONS OF THESE AS APPROPRIATE, AND TO REQUIRE THE PLANS CHOSEN TO BE APPROVED BY THE LOCAL SCHOOL BOARD.
Very respectfully,
President
Received as information.
R. 41, S.501--ORDERED PRINTED IN THE JOURNAL
The SPEAKER ordered the following veto printed in the Journal:
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR
April 22, 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. 501, R. 41, a Joint Resolution:
TO PROVIDE THAT SCHOOL DAYS MISSED IN 2002-2003, BY THE STUDENTS OF THE CHESTER COUNTY SCHOOL DISTRICT WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS MAY BE MADE UP BY EXEMPTING THEM 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, AUTHORIZE EXTENDING THE LENGTH OF SCHOOL DAYS OR MAKE-UP DAYS ON SATURDAYS, OR AUTHORIZE THE DISTRICT TO USE COMBINATIONS OF THESE AS APPROPRIATE, AND TO REQUIRE THE PLANS CHOSEN TO BE APPROVED BY THE LOCAL SCHOOL BOARD.
This veto is based upon my belief that S. 501, R. 41 is unconstitutional.
Though well-intentioned as it might be, S. 501, R. 41 is an example of specific legislation that has been enacted to address circumstances that could have been addressed by general legislation. 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). The General Assembly could establish a general statute that sets forth the general types of events or occasions when missed school days may be exempted from the make-up requirement, and authorize school districts throughout the State to exercise discretion in granting such exemptions. The recurring nature of legislation like S. 501, R. 41 demonstrates the policy basis for Article III, Section 34’s directive that special legislation be avoided in all cases where general legislation can be enacted.
In summary, I believe the specific nature of S. 501, R. 41 renders this Act unconstitutional. For this reason, I am returning S. 501, R. 41 to you without my signature.
Sincerely,
Mark Sanford
Governor
R. 41, S.501--GOVERNOR'S VETO OVERRIDDEN
The Veto on the following Act was taken up:
(R41) S. 501 -- Senator Short: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN 2002-2003, BY THE STUDENTS OF THE CHESTER COUNTY SCHOOL DISTRICT WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS MAY BE MADE UP BY EXEMPTING THEM 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, AUTHORIZE EXTENDING THE LENGTH OF SCHOOL DAYS OR MAKE-UP DAYS ON SATURDAYS, OR AUTHORIZE THE DISTRICT TO USE COMBINATIONS OF THESE AS APPROPRIATE, AND TO REQUIRE THE PLANS CHOSEN TO BE APPROVED BY THE LOCAL SCHOOL BOARD.
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:
Coleman / Delleney / McCrawTotal--3
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., April 23, 2003
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. 40, S. 454 by a vote of 46-0.
(R40) S. 454 -- Senators Hayes, Peeler and Short: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN 2002-2003, BY THE STUDENTS OF THE FOUR SCHOOL DISTRICTS IN YORK COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS MAY BE MADE UP BY EXEMPTING THEM 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, AUTHORIZE EXTENDING THE LENGTH OF SCHOOL DAYS OR MAKE-UP DAYS ON SATURDAYS, OR AUTHORIZE THE DISTRICTS TO USE COMBINATIONS OF THESE AS APPROPRIATE FOR A PARTICULAR SCHOOL, AND TO REQUIRE THE PLANS CHOSEN TO BE APPROVED BY THE LOCAL SCHOOL BOARD.
Very respectfully,
President
Received as information
R. 40, S.454--ORDERED PRINTED IN THE JOURNAL
The SPEAKER ordered the following veto printed in the Journal:
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR
April 22, 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. 454, R. 40, a Joint Resolution:
TO PROVIDE THAT SCHOOL DAYS MISSED IN 2002-2003, BY THE STUDENTS OF THE FOUR SCHOOL DISTRICTS IN YORK COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS MAY BE MADE UP BY EXEMPTING THEM 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, AUTHORIZE EXTENDING THE LENGTH OF SCHOOL DAYS OR MAKE-UP DAYS ON SATURDAYS, OR AUTHORIZE THE DISTRICTS TO USE COMBINATIONS OF THESE AS APPROPRIATE FOR A PARTICULAR SCHOOL, AND TO REQUIRE THE PLANS CHOSEN TO BE APPROVED BY THE LOCAL SCHOOL BOARD.
This veto is based upon my belief that S. 454, R. 40 is unconstitutional.
Though well-intentioned as it might be, S. 454, R. 40 is an example of specific legislation that has been enacted to address circumstances that could have been addressed by general legislation. 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). The General Assembly could establish a general statute that sets forth the general types of events or occasions when missed school days may be exempted from the make-up requirement, and authorize school districts throughout the State to exercise discretion in granting such exemptions. The recurring nature of legislation like S. 454, R. 40 demonstrates the policy basis for Article III, Section 34’s directive that special legislation be avoided in all cases where general legislation can be enacted.
In summary, I believe the specific nature of S. 454, R. 40 renders this Act unconstitutional. For this reason, I am returning S. 454, R. 40 to you without my signature.
Sincerely,
Mark Sanford
Governor
R. 40, S.454--GOVERNOR'S VETO OVERRIDDEN
The Veto on the following Act was taken up:
(R40) S. 454 -- Senators Hayes, Peeler and Short: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN 2002-2003, BY THE STUDENTS OF THE FOUR SCHOOL DISTRICTS IN YORK COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS MAY BE MADE UP BY EXEMPTING THEM 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, AUTHORIZE EXTENDING THE LENGTH OF SCHOOL DAYS OR MAKE-UP DAYS ON SATURDAYS, OR AUTHORIZE THE DISTRICTS TO USE COMBINATIONS OF THESE AS APPROPRIATE FOR A PARTICULAR SCHOOL, AND TO REQUIRE THE PLANS CHOSEN TO BE APPROVED BY THE LOCAL SCHOOL BOARD.
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 6; Nays 0
Those who voted in the affirmative are:
Delleney / Emory / KirshMcCraw / Moody-Lawrence / Simrill
Total--6
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 COMMITTEE
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
S. 564 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO SEASONS, LIMITS, AND HUNTING METHODS OF WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2819, PURSUANT TO THE PROVISIONS OF ARTICLE 1, SECTION 12, ACT 176 OF 1977.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 3839 -- Rep. Witherspoon: A BILL TO AMEND SECTION 47-4-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLICE POWERS OF MEMBERS AND AGENTS OF THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION AND THE EMPLOYMENT BY THE COMMISSION OF LIVESTOCK LAW ENFORCEMENT OFFICERS, SO AS TO AUTHORIZE THESE OFFICERS AND OTHER LAW ENFORCEMENT OFFICERS TO USE THE UNIFORM TRAFFIC TICKET FOR VIOLATIONS OF TITLE 47 WHICH FALL WITHIN THE JURISDICTION OF THE COMMISSION AND OF THE SUMMARY COURTS; AND TO AMEND SECTION 56-7-10, AS AMENDED, RELATING TO THE REQUIREMENT THAT ALL LAW ENFORCEMENT OFFICERS USE THE UNIFORM TRAFFIC TICKET FOR TRAFFIC OFFENSES AND CERTAIN OTHER OFFENSES, SO AS TO INCLUDE ON THE UNIFORM TRAFFIC TICKET OFFENSES RELATING TO LIVESTOCK AND POULTRY.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
H. 3950 -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 18, TITLE 50, SO AS TO ENACT THE AQUACULTURE ENABLING ACT, TO PROVIDE CERTAIN DEFINITIONS USED IN REGULATING AQUACULTURE, TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES HAS PERMITTING AND LICENSING AUTHORITY FOR AQUACULTURE AND AQUACULTURE BUSINESSES, TO PROVIDE FOR CERTAIN LICENSES AND FEES, TO PROVIDE FOR REGULATION OF AQUACULTURE AND AQUACULTURE BUSINESSES, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO ENGAGE IN COMMERCIAL AQUACULTURE IN THIS STATE EXCEPT AS PROVIDED IN THIS ARTICLE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ARTICLE; TO AMEND SECTION 50-9-710, RELATING TO PAY PONDS AND PAY-TO-FISH BUSINESSES, SO AS TO PROVIDE THAT PATRONS OF COMMERCIAL FISHING LAKES AND PAY-TO-FISH BUSINESSES ARE EXEMPT FROM PURCHASING AN INDIVIDUAL ANNUAL LICENSE IF THE COMMERCIAL FISHING BUSINESS HAS A VALID AQUACULTURE PERMIT OR REGISTRATION; TO AMEND SECTION 50-13-280, RELATING TO LIMITS ON POSSESSION OF GAME FISH, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO AQUACULTURE PRODUCED FISH; TO AMEND SECTION 50-13-1130, RELATING TO COMMERCIAL FRESHWATER FISHING LICENSE REQUIRED WHEN TAKING CATFISH FROM PUBLIC WATERS, SO AS TO DELETE THE REFERENCE TO CATFISH AND PROVIDE THAT A PERSON TAKING FRESHWATER NONGAME FISH EXCEPT SHAD, HERRING, AND STURGEON FROM PUBLIC WATERS WHO SELLS OR OFFERS THEM FOR SALE MUST HAVE A COMMERCIAL FRESHWATER FISHING LICENSE, PROVIDING THAT A PERSON SELLING , OFFERING FOR SALE, OR POSSESSION OF FRESHWATER NONGAME FISH MUST HAVE CERTAIN INVOICES AND OTHER DOCUMENTATION SHOWING THE ORIGIN AND FROM WHERE THE FISH WERE PROCURED, AND PROVIDING PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-13-1610, RELATING TO THE UNLAWFUL SALE AND TRAFFIC OF CERTAIN GAME FISH, SO AS TO PROVIDE AN EXCEPTION TO CERTAIN FISH AS ALLOWED BY THIS ARTICLE, AND TO REVISE THE PENALTY PROVISIONS OF THIS SECTION; AND TO REPEAL ARTICLE 1, CHAPTER 18, TITLE 50, RELATING TO HYBRID STRIPPED BASS, SECTION 50-13-510, RELATING TO CERTAIN POND OWNER PERMITS, SECTION 50-13-1620, RELATING TO PENALTIES FOR UNLAWFUL SELLING OF FRESHWATER TROUT, SECTION 50-13-1640, RELATING TO DRAWING PRIVATE PONDS AND DISPOSING OF FISH, SECTION 50-13-1650, RELATING TO UNLAWFUL TRANSPORTATION OF GAME FISH OUT-OF-STATE, SECTION 50-13-1680, RELATING TO THE SALE OF MARKED TROUT, SECTION 50-13-1690, RELATING TO INFORMATION REQUIRED TO BE MARKED ON TROUT BEFORE SALE, SECTION 50-13-1700, RELATING TO RETAIL MARKETS SHOWING THE ORIGIN OF TROUT, SECTION 50-13-1710, RELATING TO RESPONSIBILITY OF RETAIL MARKETS FOR CERTAIN VIOLATIONS INVOLVING TROUT, SECTION 50-13-1720, RELATING TO REPORTS ON TROUT SOLD OR IMPORTED INTO THE STATE, SECTION 50-13-1730, RELATING TO REGULATIONS ON SELLING AND SHIPPING TROUT, SECTION 50-13-1740, RELATING TO CERTAIN PENALTIES FOR VIOLATIONS RELATING TO SALE AND TRAFFIC IN TROUT, SECTION 50-13-1750, RELATING TO GAME FISH BREEDER'S LICENSES, AND SECTION 50-13-1760, RELATING TO SALES OF WHITE PERCH.
Ordered for consideration tomorrow.
CONCURRENT RESOLUTION
On motion of Rep. HARRISON, with unanimous consent, the following was taken up for immediate consideration:
H. 4056 -- Reps. Harrison and W.D.Smith: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE ONE OF SOUTH CAROLINA'S FINEST GOLFERS, DAVID DUPRE OF COLUMBIA, FOR HIS OUTSTANDING AMATEUR GOLFING CAREER AND TO DECLARE THURSDAY, APRIL 24, 2003, AS "DAVID DUPRE DAY" IN HIS HONOR.
Whereas, David DuPre of Columbia is one of South Carolina’s most renowned golfers, amateur or professional; and
Whereas, his distinguished career includes four South Carolina amateur titles and two Columbia City Championship titles as well as course records at several challenging courses; and
Whereas, at every level of competition, he has been a winner. He led A. C. Flora High School to backtoback State golf titles during 196971, then played No. 1 for the University of South Carolina, winning the 1974 South Carolina Intercollegiate Championship. Besides the city and State championships, he won the 1973 South Carolina Open, played in the 1982 U.S. Open at Pebble Beach, and the 1982 Heritage at Hilton Head, and was ranked in 1985 by Golf Digest as one of the State’s top three alltime players; and
Whereas, some of his best play came in team competition. He played in seven Palmetto Cup matches, four CarolinasVirginia matches, and won multiple Carolinas, Hall of Fame, and South Carolina FourBall titles; and
Whereas, David DuPre will celebrate his fiftieth birthday on April 24, 2003; and
Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize him for his many accomplishments on the occasion of his fiftieth birthday and honor him by declaring April 24, 2003, as “David DuPre Day”. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly recognize and congratulate one of South Carolina’s finest golfers, David DuPre of Columbia, for his outstanding amateur golfing career and declare Thursday, April 24, 2003, as “David DuPre Day” in his honor.
Be it further resolved that a copy of this resolution be forwarded to David DuPre.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
INTRODUCTION OF BILLS
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4057 -- Reps. J.H.Neal, Govan, Breeland, J.Brown, R.Brown, Clyburn, Cobb-Hunter, Hosey, Howard, Littlejohn, Lloyd, Mack, Moody-Lawrence, Parks, Rivers and Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 35, TITLE 41 SO AS TO PROVIDE FOR AN ALTERNATIVE BASE PERIOD FOR CERTAIN CLAIMANTS OF BENEFITS UNDER THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, TO DEFINE "ALTERNATIVE BASE PERIOD", AND TO FURTHER PROVIDE THAT, WHEN CERTAIN INFORMATION IS NOT AVAILABLE, THE COMMISSION MAY BASE THE DETERMINATION FOR ELIGIBILITY FOR UNEMPLOYMENT INSURANCE BENEFITS ON THE AFFIDAVIT OF A CLAIMANT WITH RESPECT TO WEEKS AND WAGES FOR CERTAIN CALENDAR QUARTERS.
Referred to Committee on Labor, Commerce and Industry
H. 4058 -- Reps. J.H.Neal, Loftis, Clyburn, Branham, Breeland, J.Brown, R.Brown, Cobb-Hunter, J.Hines, Hosey, Howard, Mack, Moody-Lawrence, J.E.Smith and Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 7, TITLE 6 SO AS TO ENACT THE SOUTH CAROLINA INCLUSIONARY ZONING ACT TO PROVIDE THAT COUNTIES AND MUNICIPALITIES ARE EMPOWERED TO USE INCLUSIONARY ZONING STRATEGIES TO EXPAND THE AVAILABILITY OF AFFORDABLE HOUSING.
Referred to Committee on Judiciary
H. 4059 -- Reps. J.H.Neal, Hosey, Govan, Breeland, J.Brown, R.Brown, Clyburn, Cobb-Hunter, J.Hines, Howard, Mack and Moody-Lawrence: A BILL TO AMEND SECTION 11-35-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURETY BONDING REQUIREMENTS FOR BIDDERS ON A PUBLIC PROCUREMENT CONTRACT, SO AS TO DEFINE "HISTORICALLY UNDERUTILIZED BUSINESS", TO PROVIDE THAT THE GENERAL SERVICES DIVISION OF THE STATE BUDGET AND CONTROL BOARD ESTABLISH A PROGRAM TO PROVIDE TECHNICAL ASSISTANCE TO A HUB SEEKING A SURETY BOND, AND TO PROVIDE THAT THE DIVISION MAY CONTRACT FOR THE IMPLEMENTATION OF THE PROGRAM.
Referred to Committee on Ways and Means
H. 4060 -- Reps. J.H.Neal, Clyburn, Govan, Breeland, J.Brown, R.Brown, Cobb-Hunter, Hosey, Howard, Mack, Moody-Lawrence and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-220 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF A SELF-SUFFICIENCY STANDARD FOR USE BY STATE AGENCIES TO ASSIST INDIVIDUALS IN ESTABLISHING PERSONAL FINANCIAL GOALS AND ESTIMATING THE AMOUNT OF INCOME NEEDED TO SUPPORT THEIR FAMILIES.