Tuesday, June 29, 2010
(Statewide Session)
1
TUESDAY, JUNE 29, 2010
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, 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:
In the 96th Psalm we read:
“O sing to the Lord a new song; sing to the Lord, all the earth.”
(Psalm 96:1)
Please join me as we bow in prayer:
Gracious and loving God, as we gather in this Senate Chamber we acknowledge our need to sing Your praises, to worship You, and to serve You. May these Senators do just that today through their debate and though all of their actions, O Lord. Guide them and their staff members as they work to complete the important business of this State, doing so in ways that not only benefit the women and men and children of South Carolina, but also in a manner that brings honor and praise to You, dear God. And let the results truly lead to a joyful chorus of praise, to a heartfelt celebration in song. In addition, Lord, we lift up to You this morning Your servant and our colleague and friend, Senator FLOYD NICHOLSON. Be with the Senator and his family in the death this morning of his sister, Carrie Lee Jones. May the Nicholson family experience the comfort of Your embrace in their time of loss.
In Your loving name we pray, O Lord.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
MESSAGE FROM THE GOVERNOR
The following appointment was transmitted by the Honorable Mark C. Sanford:
Local Appointment
Initial Appointment, Anderson County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2011
Samuel Thompson Tucker III, 230 Grace Lane, Piedmont, SC 29673 VICE William P. Steele, Jr.
INTRODUCTION OF BILLS AND RESOLUTIONS
The following were introduced:
S. 1529 -- Senators Knotts, Alexander, Anderson, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Courson, Cromer, Davis, Elliott, Fair, Ford, Grooms, Hayes, Hutto, Jackson, Land, Leatherman, Leventis, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McConnell, McGill, Mulvaney, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Rose, Ryberg, Scott, Setzler, Sheheen, Shoopman, Thomas, Verdin and Williams: A SENATE RESOLUTION TO RECOGNIZE AND HONOR MASTER DEPUTY DAVID C. BRYAN III OF LEXINGTON COUNTY FOR HIS EXCEPTIONAL THIRTY-TWO YEAR CAREER WITH THE LEXINGTON COUNTY SHERIFF'S DEPARTMENT, AND TO WISH HIM CONTINUED HEALTH AND HAPPINESS UPON HIS RETIREMENT.
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The Senate Resolution was adopted.
S. 1530 -- Senator Scott: A SENATE RESOLUTION TO CONGRATULATE HARRISON REARDEN OF RICHLAND COUNTY ON HIS SERVICE AS A MEMBER OF THE RICHLAND-LEXINGTON COUNTY AIRPORT COMMISSION AND ON HIS RETIREMENT AND TO WISH HIM THE BEST IN HIS NEW POSITION ON THE DEPARTMENT OF TRANSPORTATION COMMISSION.
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The Senate Resolution was adopted.
S. 1531 -- Senator Alexander: A SENATE RESOLUTION TO RECOGNIZE AND HONOR THE SOUTH CAROLINA SMALL BUSINESS CHAMBER OF COMMERCE FOR ITS EFFORTS AND ACCOMPLISHMENTS IN ADVOCATING FOR AN INCREASE IN THE SOUTH CAROLINA CIGARETTE TAX.
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The Senate Resolution was adopted.
S. 1532 -- Senator McGill: A SENATE RESOLUTION TO CONGRATULATE MRS. INEZ MAUDE KEITH CAROLINA OF GEORGETOWN COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND CONTINUED HEALTH AND HAPPINESS.
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The Senate Resolution was adopted.
S. 1533 -- Senator Ford: A SENATE RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO THE FAMILY AND MANY FRIENDS OF THE LATE MARJORIE AMOS-FRAZIER OF CHARLESTON.
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The Senate Resolution was adopted.
S. 1534 -- Senator Hutto: A SENATE RESOLUTION TO RECOGNIZE EMMA MAE SMITH-PARKER OF HALLANDALE, FLORIDA, THE BELOVED MATRIARCH OF THE SMITH-TOBIN FAMILY, UPON THE OCCASION OF THEIR FAMILY REUNION JULY 24, 2010, AND TO HONOR HER FOR HER DEDICATION AND DETERMINATION TO BUILD AND MAINTAIN STRONG FAMILY TIES AMONG ALL THE SMITH-TOBIN FAMILY MEMBERS.
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The Senate Resolution was adopted.
S. 1535 -- Senator Hutto: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE PASSING OF DEACON CLEVELAND SHIVERS, SR., AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.
On motion of Senators LAND and LEVENTIS, with unanimous consent, R. 338, S. 1372 was taken up for immediate consideration.
MESSAGE FROM THE GOVERNOR
State of South Carolina
Office of the Governor
P. O. Box 11369
Columbia, SC 29211
June 21, 2010
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina29202
Dear Mr. President and Members of the Senate:
I am hereby vetoing and returning without my approval S. 1372, R. 338, which allows the Sumter County School Districts 2 and 17 to issue general obligation bonds to cover operating expenses.
(R338, S1372) -- Senator Leventis: AN ACT TO AMEND ACT 387 OF 2008, AS AMENDED, RELATING TO THE CONSOLIDATION OF SUMTER SCHOOL DISTRICTS 2 AND 17, SO AS TO PROVIDE THAT THE CHAIRMAN AND OTHER OFFICERS OF THE BOARD OF THE CONSOLIDATED DISTRICT SHALL SERVE TWOYEAR TERMS; TO PROVIDE THAT THE SUPERINTENDENT OF THE CONSOLIDATED SCHOOL DISTRICT SHALL SELECT AND APPOINT AN ASSISTANT SUPERINTENDENT; TO AUTHORIZE THE BOARDS OF TRUSTEES OF SUMTER SCHOOL DISTRICTS 2 AND 17 TO ISSUE GENERAL OBLIGATION BONDS OF THE RESPECTIVE DISTRICTS FOR SCHOOL OPERATING PURPOSES UP TO THE CONSTITUTIONAL DEBT LIMIT OF THE RESPECTIVE DISTRICTS FOR SCHOOL OPERATING PURPOSES, TO PROVIDE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT OF BONDS; AND TO PROVIDE THAT FUNDING FOR THE BOARD BEFORE THE INDIVIDUAL SCHOOL DISTRICTS ARE ABOLISHED MUST BE PROVIDED FROM OPERATING FUNDS AVAILABLE TO THE INDIVIDUAL SCHOOL DISTRICTS.
We are sympathetic to the difficulty in which this school district, and others like it, find themselves, but we are compelled to do as we have done in the past and veto this legislation. It breaks a cardinal rule of prudent finance. Bonded indebtedness should not be used by school districts to fund operating expenditures because an absolute rule of sustainable financial management is that you do not fund short-term operations with long-term debt. States like California have attempted to do so and it has come with disastrous consequences.
Doing so in this instance will invite the same consequences over time to our State.
For this reason, I am vetoing and returning without my approval S.1372, R. 338.
Sincerely,
/s/ Mark Sanford
VETO OVERRIDDEN
(R338, S1372) -- Senator Leventis: AN ACT TO AMEND ACT 387 OF 2008, AS AMENDED, RELATING TO THE CONSOLIDATION OF SUMTER SCHOOL DISTRICTS 2 AND 17, SO AS TO PROVIDE THAT THE CHAIRMAN AND OTHER OFFICERS OF THE BOARD OF THE CONSOLIDATED DISTRICT SHALL SERVE TWOYEAR TERMS; TO PROVIDE THAT THE SUPERINTENDENT OF THE CONSOLIDATED SCHOOL DISTRICT SHALL SELECT AND APPOINT AN ASSISTANT SUPERINTENDENT; TO AUTHORIZE THE BOARDS OF TRUSTEES OF SUMTER SCHOOL DISTRICTS 2 AND 17 TO ISSUE GENERAL OBLIGATION BONDS OF THE RESPECTIVE DISTRICTS FOR SCHOOL OPERATING PURPOSES UP TO THE CONSTITUTIONAL DEBT LIMIT OF THE RESPECTIVE DISTRICTS FOR SCHOOL OPERATING PURPOSES, TO PROVIDE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT OF BONDS; AND TO PROVIDE THAT FUNDING FOR THE BOARD BEFORE THE INDIVIDUAL SCHOOL DISTRICTS ARE ABOLISHED MUST BE PROVIDED FROM OPERATING FUNDS AVAILABLE TO THE INDIVIDUAL SCHOOL DISTRICTS.
The veto of the Governor was taken up for immediate consideration.
Senator LAND 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 2; Nays 0
AYES
LandLeventis
Total--2
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.
Message from the House
Columbia, S.C., June 16, 2010
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H.4657 by a vote of 104 to7:
R293, H. 4657--GENERAL APPROPRIATIONS ACT
Veto 64Part IB; Section 39.15; Page 380; Parks, Recreation, and Tourism; Additional Motion Picture Bonus-Rebate
Respectfully submitted,
Speaker of the House
Received as information.
VETO SUSTAINED
R293, H. 4657--GENERAL APPROPRIATIONS ACT
Veto 64Part IB; Section 39.15; Page 380; Parks, Recreation, and Tourism; Additional Motion Picture Bonus-Rebate
The veto of the Governor was taken up for immediate consideration.
Senator McGILL 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 22; Nays 15
AYES
AlexanderAndersonCampbell
CampsenDavisGrooms
HayesKnottsLand
LeathermanMalloyMartin, Larry
MatthewsMcConnellMcGill
NicholsonO’DellReese
ScottSetzlerVerdin
Williams
Total--22
NAYS
BrightBryantCleary
CoursonCromerFair
LourieMartin, ShaneMassey
MulvaneyPeelerRose
RybergShoopmanThomas
Total--15
Having failed to receive the necessary two-thirds vote, the veto of the Governor was sustained, and a message was sent to the House accordingly.
VETO 64 RECONSIDERED AND OVERRIDDEN
Having voted on the prevailing side, Senator LOURIE moved to reconsider the vote whereby Veto 64 was sustained.
The motion was adopted.
R293, H. 4657--GENERAL APPROPRIATIONS ACT
Veto 64Part IB; Section 39.15; Page 380; Parks, Recreation, and Tourism; Additional Motion Picture Bonus-Rebate
Senator LOURIE spoke on the veto.
Senator LOURIE 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 28; Nays 13
AYES
AlexanderAndersonCampbell
CampsenClearyCourson
CromerElliottGrooms
HayesJacksonKnotts
LandLeathermanLeventis
LourieMalloyMartin, Larry
MatthewsMcGillNicholson
O’DellPinckneyRankin
ReeseScottSetzler
Williams
Total--28
NAYS
BrightBryantDavis
FairMartin, ShaneMassey
MulvaneyPeelerRose
RybergShoopmanThomas
Verdin
Total--13
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Message from the House
Columbia, S.C., June 16, 2010
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H.4657 by a vote of 110 to2:
R293, H. 4657--GENERAL APPROPRIATIONS ACT
Veto 65Part IB; Section 65.12; Page 406; Labor, Licensing, and Regulation; SC ERT/Urban Search and Rescue
Respectfully submitted,
Speaker of the House
Received as information.
VETO SUSTAINED
R293, H. 4657--GENERAL APPROPRIATIONS ACT
Veto 65Part IB; Section 65.12; Page 406; Labor, Licensing, and Regulation; SC ERT/Urban Search and Rescue
The veto of the Governor was taken up for immediate consideration.
Senator McGILL moved that the veto of the Governor be overridden.
Senator CLEARY spoke on the 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 24; Nays 16
AYES
AlexanderAndersonCampbell
ClearyHayesJackson
KnottsLandLeatherman
LeventisLourieMalloy
Martin, LarryMartin, ShaneMatthews
McGillNicholsonO’Dell
ReeseScottSheheen
ThomasVerdinWilliams
Total--24
NAYS
BrightBryantCampsen
CoursonCromerDavis
FairGroomsMassey
McConnellMulvaneyPeeler
RoseRybergSetzler
Shoopman
Total--16
Having failed to receive the necessary two-thirds vote, the veto of the Governor was sustained, and a message was sent to the House accordingly.
Statement by Senator McCONNELL
I agree with the program but disagree with using professional fees from LLR to fund it. Therefore, I voted to sustain Veto 65.
VETO 65 RECONSIDERED AND OVERRIDDEN
Having voted on the prevailing side, Senator DAVIS moved to reconsider the vote whereby the veto was sustained.
The motion to reconsider was adopted.
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 34; Nays 9
AYES
AlexanderAndersonCampbell
CampsenClearyCourson
CromerDavisElliott
FairHayesJackson
LandLeathermanLeventis
LourieMalloyMartin, Larry
Martin, ShaneMatthewsMcGill
NicholsonO’DellPeeler
PinckneyRankinReese
ScottSetzlerSheheen
ShoopmanThomasVerdin
Williams
Total--34
NAYS
BrightBryantGrooms
KnottsMasseyMcConnell
MulvaneyRoseRyberg
Total--9
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Message from the House
Columbia, S.C., June 16, 2010
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H.4657 by a vote of 92 to21:
R293, H. 4657--GENERAL APPROPRIATIONS ACT
Veto 71Part IB; Section 90.16; Page 482; Statewide Revenue; Nonrecurring Revenue – Increased Enforcement Collections; Item 2; Budget and Control Board; SCEIS; $2,179,716.
Respectfully submitted,
Speaker of the House
Received as information.
VETO OVERRIDDEN
R293, H. 4657--GENERAL APPROPRIATIONS ACT
Veto 71Part IB; Section 90.16; Page 482; Statewide Revenue; Nonrecurring Revenue – Increased Enforcement Collections; Item 2; Budget and Control Board; SCEIS; $2,179,716.
The veto of the Governor was taken up for immediate consideration.
Senator THOMAS 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 30; Nays 11
AYES
AlexanderAndersonCampbell
CoursonCromerFair
GroomsHayesJackson
KnottsLandLeatherman
LeventisLourieMalloy
Martin, LarryMatthewsMcGill
NicholsonO’DellPeeler
PinckneyReeseRyberg
ScottSetzlerSheheen
ThomasVerdinWilliams
Total--30
NAYS
BrightBryantCampsen
ClearyDavisMartin, Shane
MasseyMcConnellMulvaney
RoseShoopman
Total--11
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Statement by Senators MULVANEY, SHANE MARTIN BRYANT and BRIGHT
We voted to sustain the foregoing vetoes because these items are funded out of a highly speculative revenue source: delinquent tax collections. Regardless of how meaningful the programs may be, we think it is irresponsible -- and even misleading to the agencies involved, and to the public -- to propose spending based on such revenue sources. If the money from delinquent taxes is in fact collected, then those funds can always be allocated via a supplemental appropriation later in the year. Alternatively, savings generated by other sustained vetoes could be used to fund these items.
Message from the House
Columbia, S.C., June 16, 2010
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H.4657 by a vote of 87 to26:
R293, H. 4657--GENERAL APPROPRIATIONS ACT
Veto 72Part IB; Section 90.16; Page 482; Statewide Revenue; Nonrecurring Revenue – Increased Enforcement Collections; Item 3; Commission on Higher Education; SREB Dues; $413,929.
Respectfully submitted,
Speaker of the House
Received as information.
VETO OVERRIDDEN
R293, H. 4657--GENERAL APPROPRIATIONS ACT
Veto 72Part IB; Section 90.16; Page 482; Statewide Revenue; Nonrecurring Revenue – Increased Enforcement Collections; Item 3; Commission on Higher Education; SREB Dues; $413,929.
The veto of the Governor was taken up for immediate consideration.
Senator COURSON spoke on the veto.
Senator COURSON 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 28; Nays 11
AYES
AlexanderAndersonCampbell
CoursonCromerFair
HayesJacksonKnotts
LandLeathermanLeventis
LourieMalloyMartin, Larry
MasseyMatthewsMcGill
NicholsonO’DellPinckney
ReeseRybergScott
SetzlerSheheenVerdin
Williams
Total--28
NAYS
BrightBryantCampsen
DavisGroomsMartin, Shane
McConnellMulvaneyPeeler
RoseShoopman
Total--11
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Statement by Senators MULVANEY, SHANE MARTIN BRYANT and BRIGHT
We voted to sustain the foregoing vetoes because these items are funded out of a highly speculative revenue source: delinquent tax collections. Regardless of how meaningful the programs may be, we think it is irresponsible -- and even misleading to the agencies involved, and to the public -- to propose spending based on such revenue sources. If the money from delinquent taxes is in fact collected, then those funds can always be allocated via a supplemental appropriation later in the year. Alternatively, savings generated by other sustained vetoes could be used to fund these items.
OBJECTION
R293, H. 4657--GENERAL APPROPRIATIONS ACT
Veto 73Part IB; Section 90.16; Page 482; Statewide Revenue; Nonrecurring Revenue – Increased Enforcement Collections; Item 6; The Senate; Reapportionment; $1,000,000.
Senator BRYANT asked unanimous consent to make a motion that he and Senator SHANE MARTIN, who both had abstained from voting on Veto 73 when it was under consideration on Thursday, June 17, 2010, be granted leave to record their votes, not changing the outcome.
Senator SHEHEEN objected.
Message from the House
Columbia, S.C., June 16, 2010
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H.4657 by a vote of 100 to15:
R293, H. 4657--GENERAL APPROPRIATIONS ACT
Veto 77Part IB; Section 90.16; Page 482; Statewide Revenue; Nonrecurring Revenue – Increased Enforcement Collections; Item 11; Department of Education; Career and Technology Education (CATE) Textbooks Resources Materials; $662,000.
Respectfully submitted,
Speaker of the House
Received as information.
VETO SUSTAINED
R293, H. 4657--GENERAL APPROPRIATIONS ACT
Veto 77Part IB; Section 90.16; Page 482; Statewide Revenue; Nonrecurring Revenue – Increased Enforcement Collections; Item 11; Department of Education; Career and Technology Education (CATE) Textbooks Resources Materials; $662,000.