Sanford urges lawmakers to uphold veto

COLUMBIA — Gov. Mark Sanford wants legislators to think twice about reducing penalties for sexual predators.

The governor said lawmakers, who return to the Statehouse today, will make a flawed law worse if they don't sustain his veto on a bill that stops local governments from making rules about where sex offenders can live and immediately puts weaker penalties in place.

The bill is one of 10 that Sanford vetoed since the Legislature adjourned last month. Lawmakers will be back in session for up to three days this week to decide whether to override the vetoes.

Advocates of the sex offender bill, including Rep. Joan Brady, R-Columbia, and the bill's author, said Sanford is missing the point.

At the urging of state prosecutors, lawmakers tried to make sure sex offenders who fail to tell the state where they live make it to court more often, Brady said. To do that, the penalties were dropped from 90 days in jail to 30 days. The change means the cases can come before county magistrates and out of the back-logged circuit court.

"You can make all the laws you want and all the penalties you want," Brady said, "but if they're not being heard in the courts," it's a serious problem.

The bill before lawmakers today does not deal with the length of jail time. That was an issue decided last year in separate legislation. What this bill would do is put the new penalties in place immediately, rather than months from now.

Sanford said he reluctantly signed the bill last year with the assurance that legislators would put the tougher penalties back in place.

"In short, this bill is good for the sexual predators who fail to follow the law, while the added protections continue to wait until some point in the future," Sanford wrote in his veto message.

Brady said the Legislature needs to override Sanford's vetoes so

prosecutors immediately can begin taking on sex offenders who don't provide their address for the registry or move too close to places where children spend time. Otherwise, the changes won't happen until three months after the State Law Enforcement Division has a new mapping system in place. A phase-in of the new system is expected to begin this month and continue through December.

The other objective of this year's bill was to stop local governments from putting restrictions on where sex offenders can live. State law prohibits the offenders from living within 1,000 feet of schools or places where children typically visit, such as playgrounds.

Brady said the purpose is to have consistency across the state. Last year's bill was supposed to accomplish that, but the language was not clear and needed to be better spelled out in the law, she said.

Brady has been pushing for more restrictions on sex offenders for the last couple of years.

"I would hope that I am a voice for the children of South Carolina," she said. "I just don't think we can have enough safeguards for our children."

The Sex Offender Registry was established in 1995 and now tracks more than 12,000 convicted sex offenders.

Vetoes

Lawmakers are back in session today to take up Gov. Mark Sanford's vetoes. Here is a summary:

Bill no. 116: Gives preference for purchases by state government to goods and services manufactured and produced in South Carolina. Sanford said the bill is well intended but creates problems for private businesses and taxpayers. He also is worried that it is unconstitutional.

351: Restructures the State Ports Authority. The governor said the legislation will hinder and slow change at the SPA.

364: Continues a grant program for fire departments. Sanford said he has deep respect for firefighters but that the program should require matching funds from local communities. The governor also noted that the grants were not funded this year.

453: Stops local government from regulating the handling and care of livestock and poultry, leaving it a state function. The bill also includes provisions that address fees for runoff and a requirement for pharmacists to sign off on performance-enhancing cocktails for polo horses. It also limits permit appeals for livestock and poultry facilities to property owners and residents within a two-mile radius. Sanford is worried the bill will set a new precedent for permit appeals.

758: Allows Clarendon County schools to use money from a 1-cent sales tax for academic and art instruction. Sanford voted the bill because it changes the use of the tax without voter approval.

3018: Provides property tax exceptions for newly built homes that have not been sold and allows for a lower rate on second homes if a dependent child lives in them. Sanford said the bill is based in good intentions, but it is not fair to all property taxpayers.

3087: Stops local governments from regulating where sex offenders can live, deferring to the state law that does not allow them to live closer than 1,000 feet from a school. Sanford contends that the Legislature is weakening penalties for sex offenders. His veto is also based on changes made to the law last year.

3301: Restricts payday lending. Sanford said there is a need for this type of borrowing and that the consumers should have the right to borrow responsibly.

3762: Creates three new special license plates. Sanford said groups that are interested in specialty license plates should go through the administrative process available at the Department of Motor Vehicles and that the Legislature should step aside.

3919: Creates the S.C. Housing Commission. Sanford said the legislation overlaps responsibilities of the S.C. Housing Finance and Development Authority.

The bills

Governor Sanford's letters to the Legislature on the 16 bills he took action on Monday, including 10 he vetoed and six he allowed to pass without his signature>

• Governor Sanford's veto message for S. 116 — In-state procurement code, (PDF)

• Governor Sanford's veto message for S.351 — State Ports Authority, (PDF)

• Governor Sanford's veto message for S.364 — V-SAFE, (PDF)

• Governor Sanford's veto message for S.453 — Livestock and poultry regulation, (PDF)

• Governor Sanford's veto message for S.758 — Clarendon County sales tax, (PDF)

• Governor Sanford's no signature message for S.491 — York County Scenic Byway, (PDF)

• Governor Sanford's no signature message for S.630 — Auto franchise, (PDF)

• Governor Sanford's no signature message for S.673 — Mortgage licensing, (PDF)

• Governor Sanford's no signautre message for S.700 — Moore School of Business, (PDF)

• Governor Sanford's veto message for H.3018 — Property tax exemptions, (PDF)

• Governor Sanford's veto message for H:3087 — Sex offender legislation, (PDF)

• Governor Sanford's veto message for H:3301 — Payday lending, (PDF)