Indicates Matter Stricken
Indicates New Matter
The House assembled at 9:30 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Proverbs 15:22: "Plans fail for lack of counsel, but with many advisers they succeed."
Let us pray. Almighty God, You are sufficient for us. However, we pray for the guidance of Your Spirit, working through Your appointed leaders to give us Your advice and counsel on the affairs of government and the leading of those elected and appointed officials who serve. Grant them wisdom, courage and integrity. Look in favor upon our Nation, President, State and her leaders. Keep our defenders of freedom safe and in Your care. Hear our prayer, O God. 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 PRO TEMPORE.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER PRO TEMPORE ordered it confirmed.
Rep. LOFTIS moved that when the House adjourns, it adjourn in memory of Oney Jaynes of Greenville, which was agreed to.
The following was introduced:
H. 4196 (Word version) -- Reps. G. M. Smith and Weeks: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF BARTLETTE STREET IN THE CITY OF SUMTER FROM ITS INTERSECTION WITH WASHINGTON STREET TO ITS INTERSECTION WITH HARVIN STREET "W. A. (BUBBA) MCELVEEN STREET" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS STREET THAT CONTAIN THE WORDS "W. A. (BUBBA) MCELVEEN STREET".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4197 (Word version) -- Reps. Martin, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA EDUCATIONAL TELEVISION FOR PROVIDING QUALITY TELEVISION AND RADIO PROGRAMMING TO RESIDENTS OF THE PALMETTO STATE FOR ALMOST FIFTY YEARS, AND FOR PROVIDING LIVE COVERAGE OF THE PROCEEDINGS OF BOTH CHAMBERS OF THE GENERAL ASSEMBLY SINCE 1999.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4198 (Word version) -- Reps. Vaughn, Allen, Cato, Hamilton, Haskins, Leach, Loftis, Rice, F. N. Smith, G. R. Smith, Taylor, Tripp, Agnew, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hardwick, Harrell, Harrison, Harvin, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Lee, Limehouse, Littlejohn, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Thompson, Toole, Townsend, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO COMMEND THE HONORABLE DAVID HORTON WILKINS OF GREENVILLE, SPEAKER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, ON HIS MERITORIOUS TWENTY-FIVE YEAR LEGISLATIVE CAREER AND TO BID HIM A FOND FAREWELL AS HE UNDERTAKES HIS NEW ROLE SERVING OUR NATION AS AMBASSADOR TO CANADA.
Whereas, born on October 12, 1946, the son of the late William Walter Wilkins and the late Evelyn Wilkins, David Horton Wilkins of Greenville learned the importance of public service early on; and
Whereas, he has been a member of the South Carolina House of Representatives for twenty-five years and at the time of his election in December of 1994 was the first Republican-elected Speaker of any state legislative body in the South since Reconstruction; and
Whereas, David Wilkins quickly rose to a position of leadership in the House serving with distinction as Chairman of the Judiciary Committee for six years and then as Speaker Pro Tempore for two years before his historic election as Speaker; and
Whereas, this consummate Republican with superior intellect from the upstate also managed to build a reputation of generosity and fairness to members from both sides of the aisle and is universally respected as a result; and
Whereas, over the years he guided the House through such complex issues as welfare reform, property tax relief, education accountability, the creation of LIFE scholarships, judicial reform, government restructuring, redistricting, truth in sentencing, and most recently major tort reform, medical malpractice reform, and criminal domestic violence reform; and
Whereas, David Wilkins was also instrumental in crafting historic ethics reform and played a crucial role in the turbulent fight to ban video poker in the State; and
Whereas, during his tenure as Speaker, he continuously upheld the integrity of the House of Representatives and is known for the professionalism, energy, dedication, and determination with which he conducted the business of the House; and
Whereas, Speaker Wilkins guided the course of the House for over a decade through both good and bad financial times, and he will always be remembered for his appreciation and support of the House staff even as other state agencies were forced to furlough employees; and
Whereas, a close friend and colleague of President George W. Bush, he has been selected to serve as Ambassador to Canada - our State's great loss is most certainly our nation's gain; and
Whereas, David Wilkins is imminently qualified to be the next Ambassador to Canada. His ability to communicate the interests of the United States in his trademark clear, concise, and persuasive manner coupled with his vast legal and business experience will serve our nation well as he serves as diplomatic representative of this country to our significant trading partner; and
Whereas, though his public accomplishments are many, the Speaker is also a devoted family man. He is the husband of his beloved wife Susan Clary of Gaffney and the proud father of two sons: James and Robert; and
Whereas, the citizens of House District 24 and of the State, as well as the members and staff of the legislature, will miss the steadying influence and strength of character with which Speaker Wilkins led the State into the twenty-first century; and
Whereas, the legacy of this true statesman is extraordinary and unmatched, and it is with great pleasure and respect that his colleagues desire to recognize his strength, loyalty, and leadership for more than two decades in the House of Representatives and to publicly applaud his dedication to the high calling of public service. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, commend the Honorable David Horton Wilkins of Greenville, Speaker of the South Carolina House of Representatives, on his meritorious twenty-five year legislative career and bid him a fond farewell as he undertakes his new role serving our nation as Ambassador to Canada.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Emory Frye Funderburk Hagood Haley Hamilton Hardwick Harrell Harrison Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Howard Huggins Jefferson Jennings Kirsh Leach Limehouse Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. M. Neal Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Walker Weeks Whipper White Whitmire Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, May 25.
Paul Agnew Joseph Neal Gloria Haskins Jerry Govan Denny Neilson Tracy Edge Lanny Littlejohn Thad Viers Ted Vick Kenneth Kennedy John Scott David Wilkins Todd Rutherford Karl Allen
The SPEAKER PRO TEMPORE granted Rep. WILKINS a temporary leave of absence to attend confirmation hearings in Washington, D.C.
The SPEAKER PRO TEMPORE granted Rep. F. N. SMITH a leave of absence for the day due to a death in the family.
Rep. RHOAD presented to the House the Bamberg-Ehrhardt Golf Team, the Class A Champions, their coach and other school officials.
Rep. GOVAN presented to the House the Claflin University coaches and other school officials for being named the Eastern Intercollegiate Athletic Conference's Best Overall Program.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4099 (Word version)
Date: ADD:
05/25/05 R. BROWN
Bill Number: H. 4128 (Word version)
Date: ADD:
05/25/05 OWENS
Rep. WALKER moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
H. 3499 (Word version) -- Reps. Harrell, Wilkins, Townsend, Leach, Bales, G. R. Smith, J. R. Smith, Battle, Cobb-Hunter, Neilson, Clark, Harrison, Skelton, Moody-Lawrence, Rice, Harvin, Ott, J. E. Smith, Merrill, Mack, Hinson, Cotty, Norman, Talley, Chellis, Hardwick, Clemmons, Bailey, Dantzler, Walker, Cooper, E. H. Pitts, Ballentine, Bowers, Huggins and Hagood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, ENTITLED PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS, TO TITLE 59 SO AS TO ESTABLISH PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS IN ELEMENTARY SCHOOLS, TO PROVIDE FOR THE AMOUNT OF PHYSICAL EDUCATION INSTRUCTION A STUDENT IN KINDERGARTEN THROUGH FIFTH GRADE MUST RECEIVE EACH WEEK ON A PHASED-IN BASIS, PROVIDE FOR A MEASURE OF EFFECTIVENESS OF THE PHYSICAL EDUCATION PROGRAM IN ALL PUBLIC SCHOOLS, PROVIDE FOR A PHYSICAL EDUCATION ACTIVITY DIRECTOR, PROVIDE CERTAIN NUTRITIONAL STANDARDS FOR ELEMENTARY SCHOOLS, PROVIDE THAT ELEMENTARY SCHOOLS SHALL REMOVE CERTAIN FOOD AND DRINKS FROM VENDING MACHINES, PROVIDE THE MINIMUM AMOUNT OF TIME ELEMENTARY SCHOOL STUDENTS MUST HAVE TO EAT LUNCH, PROVIDE FOR THE ESTABLISHMENT OF A DISTRICT LEVEL AND AN ELEMENTARY SCHOOL LEVEL COORDINATED SCHOOL HEALTH ADVISORY COUNCIL AND PROVIDE ITS POWERS AND DUTIES, PROVIDE FOR NUTRITIONAL EDUCATION, AND PROVIDE A MEASURE OF EFFECTIVENESS OF HEALTH EDUCATION PROGRAMS.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Altman Anthony Bailey Bales Ballentine Battle Bowers Brady Branham G. Brown J. Brown R. Brown Cato Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Emory Funderburk Govan Hagood Haley Hamilton Harrell Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Howard Huggins Jennings Kirsh Leach Limehouse Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill J. H. Neal J. M. Neal Norman Ott Owens Parks Phillips M. A. Pitts Rhoad Rice Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Toole Townsend Umphlett Vaughn Walker Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Loftis E. H. Pitts G. M. Smith Thompson Weeks
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER PRO TEMPORE appointed Reps. WALKER, TOWNSEND and ANTHONY to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
FREE CONFERENCE REPORT
The General Assembly, Columbia, S.C., May 24, 2005
The COMMITTEE OF FREE CONFERENCE, to whom was referred: (Doc. No. P:\LEGWORK\HOUSE\AMEND\COUNCIL\PT\ 2695SJ05.DOC)
H. 3499 (Word version) -- Reps. Harrell, Wilkins, Townsend, Leach, Bales, G.R. Smith, J.R. Smith, Battle, Cobb-Hunter, Neilson, Clark, Harrison, Skelton, Moody-Lawrence, Rice, Harvin, Ott, J.E. Smith, Merrill, Mack, Hinson, Cotty, Norman, Talley, Chellis, Hardwick, Clemmons, Bailey, Dantzler, Walker, Cooper, E.H. Pitts, Ballentine, Bowers, Huggins and Hagood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, ENTITLED PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS, TO TITLE 59 SO AS TO ESTABLISH PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS IN ELEMENTARY SCHOOLS, TO PROVIDE FOR THE AMOUNT OF PHYSICAL EDUCATION INSTRUCTION A STUDENT IN KINDERGARTEN THROUGH FIFTH GRADE MUST RECEIVE EACH WEEK ON A PHASED-IN BASIS, PROVIDE FOR A MEASURE OF EFFECTIVENESS OF THE PHYSICAL EDUCATION PROGRAM IN ALL PUBLIC SCHOOLS, PROVIDE FOR A PHYSICAL EDUCATION ACTIVITY DIRECTOR, PROVIDE CERTAIN NUTRITIONAL STANDARDS FOR ELEMENTARY SCHOOLS, PROVIDE THAT ELEMENTARY SCHOOLS SHALL REMOVE CERTAIN FOOD AND DRINKS FROM VENDING MACHINES, PROVIDE THE MINIMUM AMOUNT OF TIME ELEMENTARY SCHOOL STUDENTS MUST HAVE TO EAT LUNCH, PROVIDE FOR THE ESTABLISHMENT OF A DISTRICT LEVEL AND AN ELEMENTARY SCHOOL LEVEL COORDINATED SCHOOL HEALTH ADVISORY COUNCIL AND PROVIDE ITS POWERS AND DUTIES, PROVIDE FOR NUTRITIONAL EDUCATION, AND PROVIDE A MEASURE OF EFFECTIVENESS OF HEALTH EDUCATION PROGRAMS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. (A) The General Assembly finds that:
(1) South Carolina ranks tenth in the United States for the number of overweight and obese people;
(2) The number of overweight children in South Carolina has tripled since the 1960's;
(3) South Carolina ranks first in the number of strokes, third in heart disease, and tenth in diabetes;
(4) Twenty-five percent of children ages five to ten have high cholesterol, high blood pressure, or other early warning signs of heart disease;
(5) Regular physical activity helps to improve strength and endurance, prevents obesity and controls body weight, helps build healthy bones and muscles, and reduces anxiety and stress;
(6) Newly completed research shows a significant relationship between academic achievement and physical fitness; and
(7) According to a national report, for the first time in one hundred years the current generation of people will have a shorter life span than the previous generation due to a sedentary lifestyle.
(B) The General Assembly further finds that one goal of public education is to assist all students in reaching their full academic potential and that a child's health impacts his school attendance, readiness to learn, potential learning, and achievement. In this regard, the General Assembly believes that each public elementary school in this State should have a full-time school nurse in order to:
(1) improve early detection of health problems that can interfere with learning or lead to more serious or disabling health conditions;
(2) prevent disease by teaching and encouraging healthy lifestyles and habits that have lifelong implications for children and their families;
(3) provide valuable health services, including administering medications and care management necessary for those students who have chronic or episodic health conditions and disabilities; and
(4) care for students who incur injuries at school including injuries that require medical attention.
SECTION 2. This act may be cited as the Students Health and Fitness Act of 2005.
SECTION 3. Title 59 of the 1976 Code is amended by adding:
Section 59-10-10. (A) The goal of this article is to provide every elementary student with the equivalent of thirty minutes of physical activity daily. Beginning in the 2006-07 school year, students in kindergarten through fifth grade must be provided a minimum of one hundred fifty minutes a week of physical education and physical activity. In 2006-07, a minimum of sixty minutes a week must be provided in physical education, and as Section 59-10-20 is phased in, the minimum time for physical education is must be increased to ninety minutes a week. The certified physical education teacher to student ratio is designed to provide students in kindergarten through fifth grade with scheduled physical education either every day or on alternate days throughout the school year and must be based on the South Carolina Physical Education Curriculum Standards. The student to teacher ratio in a physical education class may not exceed the average student to teacher ratio of 28 to 1. An individual student's fitness status must be reported to his parent or guardian during a student's fifth grade, eighth grade, and high school physical education courses. The physical activity must be planned and coordinated by the Physical Education Activity Director pursuant to Section 59-10-30.
(B) A student may be exempted from these physical education and activity requirements required by subsection (A) by seeking a waiver as outlined in Section 59-29-80(B).
(C) During each year of implementation of the reduced student to physical education teacher ratio, each district shall report to the State Department of Education by June fifteenth, the number of minutes of physical education instruction and the minutes of additional physical activity students receive daily with a total for the week. The report must be listed by elementary school and by individual class and grade level. The State Department of Education shall provide a summary of this information to the General Assembly by December first of each year of implementation.
(D) The implementation of decreased student to teacher ratio and increased instruction in physical education pursuant to Section 59-10-20 is not intended to replace or reduce time dedicated to instruction in the arts taught by certified arts specialists.
Section 59-10-20. (A) Beginning with the 2006-07 school year, the student to certified physical education teacher ratio in the elementary schools of the State must be 700 to 1.
(B) Beginning with the 2007-08 school year, the student to certified physical education teacher ratio in the elementary schools of the State must be 600 to 1.
(C) Beginning with the 2008-09 school year, the student to certified physical education teacher ratio in the elementary schools of the State must be 500 to 1.
Section 59-10-30. (A) Each elementary school shall designate a physical education teacher to serve as its Physical Education Activity Director. The Physical Education Activity Director shall plan and coordinate opportunities for additional physical activity for students that exceed the designated weekly student physical education instruction times that may include, but not be limited to, before, during, and after school dance instruction, fitness trail programs, intramural programs, bicycling programs, walking programs, recess, and activities designed to promote physical activity opportunities in the classroom.
(B) In schools having dance education specialists, instruction based on the South Carolina Dance Curriculum Standards and the dance components of the South Carolina Physical Education Standards may be used to satisfy one-fourth of the required physical education minutes.
(C) Noncertified or adult volunteers may assist in implementing or supervising these structured physical activities if approved by the district superintendent. If volunteers are used, appropriate liability insurance must be provided. The director annually shall submit to the principal a report outlining the additional physical activities for students.
Section 59-10-40. Appropriate professional development must be provided to teachers and volunteers on the importance of physical activity for young children and the relationship of activity and good nutrition to academic performance and healthy lifestyles.
Section 59-10-50. (A) Each public school in this State shall administer the South Carolina Physical Education Assessment. Assessment of students in second grade, fifth grade, eighth grade, and high school must be used to assess the effectiveness of the school's physical education program and its adherence to the South Carolina Physical Education Curriculum Standards. The State Department of Education shall develop a procedure for calculating a district and school physical education program effectiveness score. The district and school physical education effectiveness score must be reported to the education community through the district and school report card.
(B) The physical education teachers in a school that receives an unsatisfactory program effectiveness score pursuant to subsection (A), will be provided professional development activities designed to assist the school in improving its programs' effectiveness.
Section 59-10-60. Each district shall make every effort to ensure that the schools in its district have age appropriate equipment and facilities to implement the physical education curriculum standards.
Section 59-10-210. Beginning with the 2007-08 school year, the General Assembly, annually in the General Appropriations Act, shall appropriate funds to the Department of Education to provide licensed nurses for elementary public schools. The State Department of Education shall make these funds available through a grant program and shall distribute the funds to the local school districts on a per school basis.
Section 59-10-310. In an effort to promote optimal healthy eating patterns, the State Board of Education by policy shall establish requirements for elementary school food service meals and competitive foods based upon the recommendations outlined in the State Department of Education Task Force on Student Nutrition and Physical Activity Report, National School Lunch Act, and the most recent applicable Dietary Guidelines for Americans.
Section 59-10-320. (A) The State Department of Education shall make available to each school district a coordinated school health model designed to address health issues of children. The program must provide for coordinating the following eight components: safe and healthy environment, physical education, health education, staff wellness, health services, guidance and health, nutrition services, and parent and community involvement. The Department of Education shall notify each school district of the availability of professional development opportunities and provide technical assistance for implementing the coordinated school health model.
(B) The Department of Education shall develop or adopt an assessment program to evaluate district and school health education programs. At a minimum, the assessment must be designed to determine program effectiveness and adherence to South Carolina Health and Safety Education Curriculum Standards. The State Department of Education shall begin piloting health education assessments in the 2006-07 school year with implementation in the 2008-09 school year.
Section 59-10-330. (A) Each school district shall establish and maintain a Coordinated School Health Advisory Council (CSHAC) to assess, plan, implement, and monitor district and school health policies and programs, including the development of a district wellness policy to begin implementation in the 2006-07 school year. The council must be composed of members of the community, school representatives, students, parents, district food service employees, and school board members.
(B) Each district, in collaboration with the CSHAC, shall develop a school health improvement plan that addresses strategies for improving student nutrition, health, and physical activity and includes the district's wellness policy. The district health improvement plan goals and progress toward those goals must be included in the district's strategic plan required pursuant to Section 59-20-60.
(C) Each school board of trustees shall establish health and nutrition policies for its elementary schools designed to limit vending sales and sales of foods and beverages of minimal nutritional value at any time during the school day except in the case of medical emergency and special occasions celebrated during school hours. However, this policy does not restrict the food that a parent or guardian may provide for his child's consumption at school. A school district board of trustees may adopt a more restrictive policy.
Section 59-10-340. Each district's Coordinated School Health Advisory Council established pursuant to Section 59-10-330 shall determine which snacks may be sold in vending machines in elementary schools.
Section 59-10-350. Each elementary school shall provide students a minimum of twenty minutes to eat lunch once they have received their food. In determining the total length of the lunch period, time to and from the cafeteria, time to go through the line, and time to bus trays at the end of lunch must be considered.
Section 59-10-360. Health curriculum for students in kindergarten through fifth grade must include a weekly nutrition component.
Section 59-10-370. Each phase of implementation of this chapter is contingent upon the appropriation of adequate funding as documented by the fiscal impact statement provided by the Office of State Budget of the State Budget and Control Board. There is no mandatory financial obligation to school districts if state funding is not appropriated for each phase of implementation as provided for in the fiscal impact statement of the Office of the State Budget of the State Budget and Control Board.
Section 59-10-380. Nothing in this article may be construed to prohibit or limit the sale or distribution of any food or beverage item through fundraisers by students, teachers, or groups when the items are intended for sale off the school campus."
SECTION 4. This act takes effect upon approval by the Governor. /
Amend the bill further, by striking all before the enacting words and inserting:
/ TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, ENTITLED PHYSICAL EDUCATION, SCHOOL HEALTH SERVICES, AND NUTRITIONAL STANDARDS, TO TITLE 59 SO AS TO ESTABLISH PHYSICAL EDUCATION, SCHOOL HEALTH SERVICES, AND NUTRITIONAL STANDARDS IN ELEMENTARY SCHOOLS; TO PROVIDE FOR THE AMOUNT OF PHYSICAL EDUCATION INSTRUCTION A STUDENT IN KINDERGARTEN THROUGH FIFTH GRADE MUST RECEIVE EACH WEEK ON A PHASED-IN BASIS; TO PROVIDE FOR A CERTAIN PHYSICAL EDUCATION TEACHER TO STUDENT RATIO ON A PHASED-IN BASIS; TO PROVIDE FOR A MEASURE OF EFFECTIVENESS OF THE PHYSICAL EDUCATION PROGRAM IN ALL PUBLIC SCHOOLS; TO PROVIDE FOR A PHYSICAL EDUCATION ACTIVITY DIRECTOR; TO PROVIDE FOR THE APPROPRIATION OF FUNDS FOR LICENSED NURSES FOR ELEMENTARY PUBLIC SCHOOLS; TO PROVIDE CERTAIN NUTRITIONAL STANDARDS FOR ELEMENTARY SCHOOLS; TO PROVIDE FOR A COORDINATED SCHOOL HEALTH MODEL AND AN ASSESSMENT PROGRAM FOR SCHOOL HEALTH EDUCATION PROGRAMS; TO PROVIDE THE MINIMUM AMOUNT OF TIME ELEMENTARY SCHOOL STUDENTS MUST HAVE TO EAT LUNCH; TO PROVIDE FOR THE ESTABLISHMENT OF A DISTRICT LEVEL AND AN ELEMENTARY SCHOOL LEVEL COORDINATED SCHOOL HEALTH ADVISORY COUNCIL AND PROVIDE ITS POWERS AND DUTIES; TO PROVIDE FOR A WEEKLY NUTRITION COMPONENT FOR THE HEALTH CURRICULUM; AND TO PROVIDE THAT IMPLEMENTATION IS CONTINGENT UPON THE APPROPRIATION OF FUNDING. /
Amend title to conform.
The Hon. Robert W. Hayes, Jr. The Hon. Robert E. Walker The Hon. Linda H. Short The Hon. Ronald P. Townsend The Hon. Darrell Jackson The Hon. Michael A. Anthony On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. CLYBURN moved to reconsider the vote whereby the following Bill was given a second reading, which was agreed to:
H. 4142 (Word version) -- Rep. Clyburn: A BILL TO PROVIDE THAT THE EDGEFIELD COUNTY SCHOOL DISTRICT BOARD OF TRUSTEES SHALL HAVE A SPECIAL MEETING BEFORE A REDISTRICTING PLAN MAY BE APPROVED.
Rep. CLYBURN proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\2691SJ05), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Section 1 of Act 595 of 1992 is amended to read:
The Edgefield County School District shall must be composed of seven single-member districts from which members of the board of trustees of the district shall must be elected: beginning with the election conducted in 2006 by the qualified electors of that district as delineated on map number S-37-00-05, maintained by the Office of Research and Statistics of the State Budget and Control Board.
DISTRICT 1
Area Population
Edgefield County
JOHNSTON 1 2,177
JOHNSTON 2
Tract 9703.00
Blocks: 112, 113A, 113B, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129A, 129B, 130, 131, 132, 133A, 133B, 134, 157, 158, 166, 167 402
DISTRICT TOTAL 2,579
DISTRICT 2
Area Population
Edgefield County
EDGEFIELD 1
Tract 9702.00
Blocks: 533B, 534, 536, 537, 538, 539, 540, 541, 553, 554, 555B, 556, 559B, 562B, 563A, 563B, 564, 565B, 565C, 566A, 566B, 567, 568, 569, 570, 571, 572, 573, 574, 575, 576, 577, 578, 579, 580 283
HARMONY 819
JOHNSTON 2
Tract 9703.00
Blocks: 101, 102A, 102B, 102C, 103A, 103B, 104A, 104B, 105A, 105B, 105C, 106A, 106B, 106C, 107, 108, 109, 110, 111, 135, 136, 137, 138, 139, 140A, 140B, 140C, 141A, 141B, 142A, 142B, 143, 144, 145, 146, 147A, 147B, 148, 149, 150, 151, 152, 153, 154, 155, 156, 159, 160, 161, 162, 163, 164, 165, 201, 202, 203, 204, 205, 206A, 206B, 207, 208, 292, 293, 294, 295, 296, 297 1,416
TRENTON
Tract 9704.00
Blocks: 104, 105, 130A, 130B, 131, 201, 202, 203, 204, 205, 206A, 206B, 207, 208A, 208B, 209A, 209B, 210, 211, 212, 213, 215, 220, 258, 259 195
DISTRICT TOTAL 2,713
DISTRICT 3
Area Population
Edgefield County
KENDALL
Tract 9702.00
Blocks: 622B, 626B, 627, 628, 629, 630D, 632B, 633, 634, 635, 636, 637, 638, 639, 640 224
TRENTON
Tract 9704.00
Blocks: 103, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129A, 129B, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141A, 141B, 142A, 142B, 143, 144A, 144B, 145A, 145B, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 179, 180, 182, 183, 184, 214, 216A, 216B, 217, 218A, 218B, 219A, 219B, 219C, 221, 222, 223, 224A, 224B, 225, 226, 227A, 227B, 227C, 228, 229, 230, 231, 232, 233A, 233B, 234A, 234B, 234C, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297 1,426
Tract 9705.00
Blocks: 401, 402, 403, 404, 405, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 436, 437, 438 939
DISTRICT TOTAL 2,589
DISTRICT 4
Area Population
Edgefield County
EDGEFIELD 1
Tract 9702.00
Blocks: 433A, 436A, 437A, 438A, 439, 440A, 442, 443, 444A, 446, 447A, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 526A, 527, 528, 529, 530, 531, 532, 533A, 535, 555A, 557, 558, 559A, 560, 561, 562A, 565A 677
EDGEFIELD 2
Tract 9702.00
Blocks: 216A, 217, 224, 225, 226A, 303A, 309A, 311A, 312, 313, 314A, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326A, 327A, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358 1,022
KENDALL
Tract 9702.00
Blocks: 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622A, 623, 624, 625, 626A, 630A, 630B, 630C, 631, 632A, 641, 642, 643 864
DISTRICT TOTAL 2,563
DISTRICT 5
Area Population
Edgefield County
BRUNSON 803
EDGEFIELD 1
Tract 9702.00
Blocks: 194, 401, 402, 403, 404, 405, 406, 407, 408, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433B, 434, 435, 436B, 437B, 438B, 440B, 441, 444B, 445, 447B, 522, 523, 524, 525, 526B 307
EDGEFIELD 2
Tract 9702.00
Blocks: 214, 215, 216B, 218, 219, 220, 221, 222, 223, 301, 302, 303B, 304, 305, 306, 307, 308, 309B, 310, 311B, 314B, 326B, 327B, 328, 329, 330, 331, 332, 333 551
JOHNSTON 2
Tract 9702.00
Blocks: 134, 135, 136, 137, 150, 151, 152, 153, 154, 155 206
NORTH SIDE 727
DISTRICT TOTAL 2,594
DISTRICT 6
Area Population
Edgefield County
MERRIWETHER
Tract 9705.00
Blocks: 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 169, 189, 190, 201, 202, 203, 204, 205, 206, 207A, 207B, 207C, 207D, 208, 209A, 209B, 211, 220, 224A, 224B, 225A, 225B, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 301, 302, 303, 304, 305, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322 1,692
TRENTON
Tract 9704.00
Blocks: 174, 175, 176, 177, 178, 181, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197 674
Tract 9705.00
Blocks: 306, 307, 406, 407, 434, 435 319
DISTRICT TOTAL 2,685
DISTRICT 7
Area Population
Edgefield County
EDGEFIELD 2
Tract 9702.00
Blocks: 211, 212, 213, 226B, 227, 228, 229, 230, 231, 232, 233, 234, 235 176
Tract 9705.00
Blocks: 101, 102, 103, 105, 108, 109, 110, 111, 113 103
MERRIWETHER
Tract 9705.00
Blocks: 112, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 168, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 191, 192, 193, 194, 195, 196, 197, 210, 212, 213, 214, 215, 216, 217, 218, 219, 221, 222A, 222B, 223 1,416
WEST SIDE 957
DISTRICT TOTAL 2,652
SECTION 2. This act takes effect upon approval by the Governor./
Amend the bill further, by deleting all before the enacting words and inserting:
/ TO AMEND ACT 595 OF 1992, RELATING TO THE BOARD OF TRUSTEES OF THE EDGEFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE SEVEN SINGLE-MEMBER DISTRICTS FROM WHICH THE TRUSTEES ARE ELECTED. /
Renumber sections to conform.
Amend title to conform.
Rep. CLYBURN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:
S. 808 (Word version) -- Senators Patterson, Courson, Lourie and Jackson: A BILL TO DEVOLVE THE AUTHORITY TO APPOINT THE MEMBERS OF THE RICHLAND COUNTY RECREATION COMMISSION FROM THE RICHLAND COUNTY LEGISLATIVE DELEGATION TO THE GOVERNING BODY OF RICHLAND COUNTY.
S. 607 (Word version) -- Senators Lourie, J. V. Smith, Anderson, Hayes, Land, Malloy, Ford, Elliott, Richardson, Matthews, Patterson, Grooms, McConnell, Short, Williams, Cleary, Leventis, Martin, Hutto, Scott, Thomas and Jackson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 7 TO TITLE 37 SO AS TO PROVIDE FOR THE LICENSING AND REGULATION OF CONSUMER CREDIT COUNSELING IN THIS STATE BY THE DEPARTMENT OF CONSUMER AFFAIRS INCLUDING DEFINITIONS, LICENSING REQUIREMENTS, A WRITTEN CONTRACT, A THOROUGH BUDGET ANALYSIS, A TRUST ACCOUNT WITH AT LEAST QUARTERLY ACCOUNTINGS TO THE CONSUMER, A SURETY BOND, A LIMITATION ON FEES, REPORTS TO THE DEPARTMENT, A LIST OF PROHIBITED ACTIVITIES, CIVIL AND CRIMINAL PENALTIES FOR A VIOLATION, AND MAKING A VIOLATION AN UNFAIR TRADE PRACTICE SUBJECT TO THE UNFAIR TRADE PRACTICES ACT.
S. 637 (Word version) -- Senators Jackson, Malloy, J. V. Smith, Matthews, Reese, Short, McGill, Leventis, Williams, Patterson and Pinckney: A BILL TO AMEND CHAPTER 68, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF STAFF LEASING SERVICES, SO AS TO CHANGE THE TERM "STAFF LEASING SERVICES" TO "PROFESSIONAL EMPLOYER ORGANIZATIONS" AND TO PROVIDE FOR THE LICENSURE AND REGULATION OF THESE ORGANIZATIONS THAT PROVIDE EMPLOYEES TO BUSINESSES GENERALLY ON A LONG TERM BASIS; AND AMONG OTHER THINGS, TO REQUIRE TWO YEARS OF INDUSTRY EXPERIENCE TO BE LICENSED AND TO PROVIDE A GRANDFATHER PROVISION FOR EXISTING LICENSEES PROVIDING THESE SERVICES; TO ESTABLISH CONTINUING EDUCATION REQUIREMENTS; TO AUTHORIZE THE DEPARTMENT OF CONSUMER AFFAIRS TO USE AN ASSURANCE ORGANIZATION TO CERTIFY THE QUALIFICATIONS OF A PROFESSIONAL EMPLOYER ORGANIZATION FOR LICENSURE; TO SPECIFY INSURANCE INFORMATION THAT AN ORGANIZATION MUST PROVIDE TO EMPLOYEES AND THE DEPARTMENT; AND TO FURTHER SPECIFY REQUIREMENTS WHEN PROVIDING EMPLOYEE INSURANCE.
S. 588 (Word version) -- Senators Martin, Thomas, Bryant, McConnell, Alexander, Hayes and Malloy: A BILL TO AMEND CHAPTER 1 OF TITLE 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM SECURITIES ACT, SO AS TO ENACT THE SOUTH CAROLINA UNIFORM SECURITIES ACT OF 2005, PROVIDING FOR AN ENHANCED ROLE OF THE STATE IN SECURITIES REGULATION AND INVESTOR PROTECTION INCLUDING REGISTRATION OF INITIAL PUBLIC OFFERINGS BY ISSUERS AND CONTROL PERSONS; REGISTRATION OF BROKER-DEALERS AND THEIR AGENTS AND INVESTMENT ADVISORS AND THEIR REPRESENTATIVES; EXPANDED INVESTIGATORY AND ENFORCEMENT POWERS THROUGH SUBPOENA POWER, CRIMINAL PENALTIES SET BY THE STATE, AND STATE CIVIL AND ADMINISTRATIVE LIABILITY; FACILITATION OF ELECTRONIC FILING; AND INVESTOR EDUCATION; TO AMEND SECTION 31-13-200, RELATING TO HOUSING AND REDEVELOPMENT NOTES AND BONDS; SECTION 35-6-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE UNIFORM TRANSFER ON DEATH SECURITY REGISTRATION ACT; SECTION 37-1-202, RELATING TO TRANSACTIONS NOT SUBJECT TO THE CONSUMER PROTECTION CODE; SECTION 38-90-440, AS AMENDED, RELATING TO THE STATE REGISTRATION OF A CAPTIVE INSURANCE COMPANY; AND SECTION 41-44-60, RELATING TO THE PALMETTO SEED CAPITAL FUND, ALL SO AS TO CONFORM CROSS-REFERENCES TO THE UNIFORM SECURITIES ACT OF 2005.
S. 227 (Word version) -- Senators Fair, Campsen and Leventis: A BILL TO AMEND SECTION 20-7-1695, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS FROM WHOM CONSENT OR RELINQUISHMENT FOR ADOPTION IS REQUIRED, SO AS TO PROVIDE THAT CONSENT OR RELINQUISHMENT IS NOT REQUIRED IF THE CHILD WHO IS THE SUBJECT OF THE ADOPTION PROCEEDING WAS CONCEIVED AS A RESULT OF CRIMINAL SEXUAL CONDUCT OR INCEST; AND TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO PROVIDE THAT IT IS A GROUND FOR TERMINATION OF PARENTAL RIGHTS IF THE CHILD WAS CONCEIVED AS A RESULT OF CRIMINAL SEXUAL CONDUCT OR INCEST.
S. 95 (Word version) -- Senators McConnell, Sheheen, Knotts and Elliott: A BILL TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS AND SECTION 34-36-40, RELATING TO LOAN BROKERS, BOTH SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF CONSUMER AFFAIRS TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE THAT THE DEPARTMENT MAY REQUEST THAT THE ADMINISTRATIVE LAW JUDGE DIVISION IMPOSE A CIVIL FINE FOR A VIOLATION; TO AMEND SECTION 37-6-106, RELATING TO THE INVESTIGATORY POWERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE THAT THE ADMINISTRATOR MAY APPLY TO THE ADMINISTRATIVE LAW COURT, RATHER THAN THE COURT OF COMMON PLEAS, FOR AN ORDER COMPELLING COMPLIANCE WITH A SUBPOENA; TO AMEND SECTIONS 37-6-108 AND 37-6-113, RELATING TO AN ORDER OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE A PROCEDURE FOR THE ADMINISTRATOR TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW COURT'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 37-6-401, RELATING TO THE POWERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE THAT A CONFLICT BETWEEN THE PROVISIONS OF PART 4, CHAPTER 6, TITLE 37 AND THE ADMINISTRATIVE PROCEDURES ACT MUST BE RESOLVED IN FAVOR OF THE LATTER; TO AMEND SECTION 37-6-414, RELATING TO JUDICIAL REVIEW OF CASES, SO AS TO PROVIDE THAT A PERSON WHO HAS EXHAUSTED ADMINISTRATIVE REMEDIES BEFORE THE ADMINISTRATOR AND WHO IS AGGRIEVED IS ENTITLED TO BRING A CONTESTED CASE HEARING BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 37-11-100, RELATING TO LICENSING AND REGULATION OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF CONSUMER AFFAIRS TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 37-16-70, RELATING TO PREPAID LEGAL SERVICES, SO AS TO PROVIDE FOR NOTICE AND OPPORTUNITY FOR A HEARING BEFORE THE ADMINISTRATIVE LAW COURT BY A PREPAID LEGAL SERVICES COMPANY FOR A VIOLATION OF THE PROVISIONS OF THE CHAPTER, TO PROVIDE THAT THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS MAY ISSUE AN ORDER REQUIRING THE CLUB REPRESENTATIVE TO CEASE AND DESIST FROM THE VIOLATION, AND TO PROVIDE THAT THE CLUB REPRESENTATIVE MAY REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTIONS 39-61-100 AND 39-61-130, BOTH RELATING TO MOTOR CLUB SERVICES, SO AS TO PROVIDE A PROCEDURE FOR THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW COURT'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 40-39-150, RELATING TO PAWNBROKERS, SECTIONS 40-58-55, 40-58-80, AND 40-58-90, AS AMENDED, ALL RELATING TO MORTGAGE LOAN BROKERS, SECTION 40-68-160, RELATING TO REGULATION OF STAFF LEASING SERVICES, SECTION 44-79-80, RELATING TO PHYSICAL FITNESS SERVICES, SECTION 56-28-110, RELATING TO NOTIFICATION OF SUBSEQUENT PURCHASERS OF A REPURCHASED MOTOR VEHICLE, AND SECTIONS 59-102-70 AND 59-102-170, AS AMENDED, RELATING TO REGISTRATION OF ATHLETE AGENTS, ALL SO AS TO PROVIDE A PROCEDURE FOR A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW COURT'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW COURT; AND TO REPEAL SECTIONS 37-6-415 AND 37-11-110, RELATING TO APPEALS OF DECISIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 4189 (Word version) -- Rep. Jennings: A BILL TO ENACT THE MARLBORO COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION, FOLLOWING REFERENDUM APPROVAL, OF A SALES AND USE TAX IN MARLBORO COUNTY NOT TO EXCEED ONE PERCENT FOR NOT MORE THAN TWENTY-FIVE YEARS FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:
S. 365 (Word version) -- Senators Leatherman and Knotts: A BILL TO AMEND SECTION 11-35-3030, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOND AND SECURITY FOR CONSTRUCTION CONTRACT PERFORMANCE AND PAYMENT PURSUANT TO THE STATE CONSOLIDATED PROCUREMENT CODE, SO AS TO REDUCE THE MAXIMUM RETENTION AMOUNT FOR EACH INSTALLMENT PENDING COMPLETION OF THE PROJECT FROM FIVE PERCENT TO THREE AND ONE-HALF PERCENT.
S. 47 (Word version) -- Senators Cromer, Elliott, Fair, Ford and Ritchie: A BILL TO AMEND SECTION 16-3-652, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE, SO AS TO PROVIDE THAT A CONVICTION OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE CARRIES A MINIMUM TERM OF IMPRISONMENT OF TEN YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED; TO AMEND SECTION 16-3-653, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE, SO AS TO PROVIDE THAT A CONVICTION OF CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE CARRIES A MINIMUM TERM OF IMPRISONMENT OF FIVE YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED; AND TO AMEND SECTION 16-3-655, RELATING TO CRIMINAL SEXUAL CONDUCT WITH A MINOR, SO AS TO PROVIDE THAT AN ACTOR WHO HAS AT LEAST ONE PRIOR CONVICTION FOR A CRIME FOR WHICH THE ACTOR MUST REGISTER AS A SEX OFFENDER PURSUANT TO SECTION 23-3-430 AND WHO ENGAGES IN SEXUAL BATTERY WITH A VICTIM WHO IS LESS THAN SIXTEEN YEARS OF AGE IS GUILTY OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
H. 3915 (Word version) -- Reps. Pinson, Parks, Anthony and M. A. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-325 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT WHICH ONLY PROVIDES SEWAGE COLLECTION AND DISPOSAL SERVICES TO UTILIZE ANY METHOD OF FINANCING THE CONSTRUCTION OF SEWER LATERAL COLLECTION LINES NOTWITHSTANDING OTHER PROVISIONS OF LAW.
H. 3162 (Word version) -- Reps. Duncan, M. A. Pitts, E. H. Pitts, Taylor, Anthony, W. D. Smith, J. M. Neal, Pinson, Hayes, Jennings, McGee, G. R. Smith, Wilkins, Vaughn, Young, Kirsh, Bailey, Battle, Witherspoon, Ballentine, Hinson, Mahaffey, Toole and Clark: A BILL TO ENACT THE "SOUTH CAROLINA SPORTS OFFICIALS AND COACHES PROTECTION ACT" BY ADDING SECTION 16-3-611 TO THE 1976 CODE SO AS TO MAKE IT UNLAWFUL TO COMMIT AN ASSAULT AND BATTERY UPON A SPORTS OFFICIAL OR COACH DURING AND AFTER AN ATHLETIC CONTEST AND TO PROVIDE PENALTIES FOR VIOLATIONS INCLUDING ENHANCED PENALTIES WHEN A WEAPON IS USED IN THE COMMISSION OF THE CRIME OF ASSAULT AND BATTERY UPON A SPORTS OFFICIAL OR COACH.
H. 4155 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO IMPLEMENTATION OF EMERGENCY HEALTH POWERS ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2962, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The motion of Rep. WHITE to reconsider the vote whereby the following Bill was given a second reading was taken up and agreed to:
H. 3591 (Word version) -- Reps. Brady, J. E. Smith, Harrison, Pinson, Agnew, Anthony, Ceips, Chalk, Cobb-Hunter, Frye, Haskins, Hayes, Hinson, Howard, Huggins, Jefferson, Lucas, McGee, E. H. Pitts, M. A. Pitts, Taylor, Umphlett, Whitmire, Witherspoon, Young, Ballentine, Mahaffey, Thompson, Coates and Leach: A BILL TO AMEND SECTION 44-53-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULE V CONTROLLED SUBSTANCES, SO AS TO INCLUDE IN SCHEDULE V ANY COMPOUND CONTAINING PSEUDOEPHEDRINE, TO REQUIRE SUCH COMPOUNDS TO BE DISPENSED ONLY BY A PHARMACIST, OR PHARMACY TECHNICIAN, TO REQUIRE A PICTURE IDENTIFICATION TO PURCHASE SUCH COMPOUNDS, TO LIMIT THE AMOUNT OF SUCH COMPOUND THAT CAN BE PURCHASED IN A THIRTY DAY PERIOD, AND TO PROVIDE THAT LIQUID OR CAPSULE FORMS OF COMPOUNDS WHERE PSEUDOEPHEDRINE IS NOT THE ONLY ACTIVE INGREDIENT ARE NOT SCHEDULE V CONTROLLED SUBSTANCES; AND TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO EXEMPT OTHER PRODUCTS BY REGULATION FROM SCHEDULE V IF THEY ARE NOT USED IN THE ILLEGAL MANUFACTURE OF METHAMPHETMINE.
The following Bill was taken up:
H. 4141 (Word version) -- Reps. Rivers, Herbkersman and Chalk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-385 SO AS TO CREATE THE BEAUFORT-JASPER ACADEMY FOR CAREER EXCELLENCE BOARD OF TRUSTEES AND TO PROVIDE FOR THE APPOINTMENT, TERM, ATTENDANCE, AND REMOVAL OF ITS MEMBERS; TO PROVIDE FOR THE OPERATION, GOVERNANCE, AND COMPENSATION OF THE BOARD; TO PROVIDE THAT BEGINNING JULY 1, 2006, THE BEAUFORT COUNTY SCHOOL DISTRICT SHALL MANAGE THE ACADEMY; AND TO PROVIDE THAT BEGINNING OCTOBER 1, 2006, JASPER COUNTY SHALL SUBMIT PAYMENT TO BEAUFORT COUNTY BASED ON A PER STUDENT COST.
Reps. RIVERS, HERBKERSMAN, CHALK and CEIPS, with unanimous consent, proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6579CM05), which was adopted:
Amend the bill, as and if amended, Section 59-1-385(F), as contained in SECTION 1, page 2, by deleting lines 32 and 33 and inserting:
/(F) Members shall receive the same per diem and mileage as that paid to Beaufort County School Board members. /
Renumber sections to conform.
Amend title to conform.
Rep. CHALK explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the third time and ordered sent to the Senate.
The following Bill was taken up:
S. 589 (Word version) -- Senators McConnell, Drummond, Rankin, Land, McGill, Thomas, Moore, Fair, Ryberg, Setzler, Peeler, Reese and Verdin: A BILL TO AMEND ARTICLE 3, CHAPTER 43, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY EQUALIZATION AND REASSESSMENT, BY ADDING SECTION 12-43-365, SO AS TO PROVIDE THAT THE VALUE OF TANGIBLE AND INTANGIBLE PERSONAL PROPERTY AND ANY INCOME DERIVED THEREFROM, WHETHER DIRECTLY OR INDIRECTLY, SHALL NOT BE INCLUDED IN THE DETERMINATION OF FAIR MARKET VALUE OF GOLF COURSE REAL PROPERTY FOR AD VALOREM TAX PURPOSES.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22172HTC05), which was adopted:
Amend the bill, as and if amended, in Section 12-43-365(C), as contained in Section 2, page 3, line 8, by striking / golf course/ and inserting /the entire golf course operation, golf cart/ so that when amended Section 12-43-365(C) reads:
"(C) If the fair market value of golf course real property for ad valorem tax purposes is determined pursuant to the capitalized income approach, the taxpayer shall provide income and expense data for the entire golf course operation, golf cart rentals, food and beverage services, and pro shop sales on a form designed by the county assessors and golf course owners and approved by the South Carolina Department of Revenue. Any data provided by the taxpayer for this purpose is not public data and may not be disclosed except in the process of a formal appeal involving the subject real property."
Renumber sections to conform.
Amend title to conform.
Rep. COTTY explained the amendment.
The amendment was then adopted.
Rep. COOPER proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\10940MM05), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION __. Section 12-2-75(B) of the 1976 Code, as last amended by Act 399 of 2000, is further amended to read:
"(B) In the instructions to a return, or otherwise, the department may authorize taxpayers to sign returns by other means, including electronically, and may authorize the signature to be filed or deposited with and be kept or forwarded by a third party. To the extent that a tax return preparer, as that term is defined in Internal Revenue Code Section 7701(a)(36), is required or permitted to sign a return, the department in the instructions to a return, or otherwise, may authorize the tax return preparer to sign the return by other means, including electronically."
SECTION __. Section 12-4-30 of the 1976 Code is amended to read:
"Section 12-4-30. (A) Until February 1, 1995, the department consists of three commissioners, their officers, agents, and employees. The commissioners are appointed by the Governor with the advice and consent of the Senate. Commissioners shall possess sound moral character, superior knowledge in taxation, and proven administrative ability. The Governor shall designate one of the commissioners as chairman, giving consideration to prior service as a commissioner or employee of the commission.
(B) If a vacancy on the commission occurs when the General Assembly is not in session, it must be filled by the Governor's appointment for the unexpired term, subject to confirmation by the Senate at the next session of the General Assembly. Commissioners may be removed by the Governor for cause as provided in Section 1-3-240.
(C) After February 1, 1995, the (A) The department will be is governed in matters of policy and administration by a director appointed by the Governor with the advice and consent of the Senate. The director may be removed from office pursuant to the provisions of Section 1-3-240.
(D)(B) After February 1, 1995, all All contested cases, as defined by Section 1-23-310 and as previously considered by the three commissioners, shall must be heard by an administrative law judge under pursuant to the provisions of Chapter 23 of Title 1."
SECTION __. Section 12-4-540(A) of the 1976 Code is amended to read:
"(A)(1) The department has the sole responsibility for the appraisal, assessment, and equalization of the taxable values of corporate headquarters, corporate office facilities, and distribution facilities and of the real and personal property owned, used, by or leased by to the following businesses and used in the conduct of their business:
(1)(a) manufacturing;
(2)(b) railway;
(3)(c) private carline;
(4)(d) airline;
(5)(e) water, heat, light and power;
(6)(f) telephone;
(7)(g) cable television;
(8)(h) sewer;
(9) (i) pipeline;
(10)(j) mining.
(2) In addition, the department has the sole responsibility for the appraisal, assessment, and equalization of the taxable values of the personal property of merchants."
SECTION __. Section 12-6-50(14) of the 1976 Code is amended to read:
"(14) Sections 2001 through 7655, 7801 through 7871, and 8001 through 9602, except for Section 6015, and except for Sections 6654 and 6655 which are adopted as provided in Section 12-6-3910 and Section 12-54-55."
SECTION __. Section 12-6-1170(A)(1) of the 1976 Code is amended to read:
"(1) An individual taxpayer who is the original owner of a qualified retirement account is allowed an annual deduction from South Carolina taxable income of not more than three thousand dollars of retirement income received. Beginning in the year in which the taxpayer reaches age sixty-five, the taxpayer may deduct not more than ten thousand dollars of retirement income that is included in South Carolina taxable income."
SECTION __. Section 12-6-1720(1) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"(1) South Carolina taxable income, gains, losses, or deductions include only amounts attributable to:
(a) the ownership of any interest in real or tangible personal property located in this State;
(b) a business, trade, profession, or occupation carried on in this State or compensation for services performed in this State. If a business, trade, profession, or occupation is carried on or compensation is for services performed partly within and partly without this State, the amount allocable or apportionable to this State under Article 17 of this chapter must be included in South Carolina income;
(c) income from intangible personal property, including annuities, dividends, interest, and gains that is derived from property employed in a trade, business, profession, or occupation carried on in this State. For purposes of this item, a taxpayer, other than a dealer holding property primarily for sale to customers in the ordinary course of the nonresident's trade or business, is not considered to carry on a business, trade, profession, or occupation in South Carolina solely by reason of the purchase and sale of property for the nonresident's own account;
(d) the distributive share of the South Carolina portion of partnership, 'S' Corporation, estate, and trust income, gains, losses, and deductions.;
(e) lottery or bingo winnings."
SECTION __. Section 12-6-3360(N), as last amended by Act 332 of 2002, is further amended to read:
"(N) Except for employees employed in distressed counties, the maximum aggregate credit that may be claimed in any tax year for a single employee under pursuant to this section and Section 12-6-34(A)(1) 12-6-3470(A) is five thousand five hundred dollars."
SECTION __. Section 12-6-3570(E) of the 1976 Code, as added by Act 299 of 2004, is amended to read:
"(E) All documentation provided by investors and their agents to the Department of Revenue in connection with claiming the credits allowed by this section is considered a tax return and subject to the penalty provisions of Section 12-54-40(f) in Chapter 54 of Title 12."
SECTION __. Section 12-10-80(D)(3) of the 1976 Code, as last amended by Act 399 of 2000, is further amended to read:
"(3) The county designation of the county in which the project is located at the time on the date the qualifying business enters into a preliminary revitalization agreement with the council application for job development credit incentives is received in the Office of the Coordinating Council remains in effect for the entire period of the revitalization agreement, except as to additional jobs created pursuant to an amendment to a revitalization agreement entered into before June 1, 1997, as provided in Section 12-10-60. In that case the county designation on the date of the amendment remains in effect for the remaining period of the revitalization agreement as to any additional jobs created after the effective date of the amendment. This item does not apply to a business whose application for job development fees or credits pursuant to Section 12-10-81 has been approved by council before the effective date of this act."
SECTION __. Section 12-54-55(1) of the 1976 Code is amended to read:
"(1) in the case of an individual taxpayer, estate, or trust in the same manner as prescribed by the provisions of Internal Revenue Code Section 6654 and applicable regulations except that the small amount provisions are one hundred dollars. No interest or penalty is due under this item for underpayments attributable to personal service income earned in another state on which income tax due the other state was withheld;"
SECTION __. Section 12-54-70(b) of the 1976 Code is amended to read:
"(b) If the amount remitted with the tentative return fails to reflect at least ninety percent of the tax to be paid for the period granted by the extension, a penalty as provided in Section 12-54-43(D) must be imposed from the date the tax was originally due on the difference between the amount remitted and the tax to be paid for the period."
SECTION __. Section 12-54-110(D) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"(D) If a person summoned pursuant to this section neglects or refuses to obey the summons, the department may apply to a circuit judge the Administrative Law Court for an attachment against him for contempt. Any judge Administrative Law Judge may hear the application and, if satisfactory proof is made, shall issue an attachment directed to the sheriff of the county in which the person resides for his arrest. When the person is brought before him, the judge shall proceed to a hearing of the case and may enforce obedience to the requirements of the summons by making an order consistent with existing laws for the punishment of contempt."
SECTION __. Section 12-60-90(D) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"(D) The department may suspend or disbar from practice in the administrative tax process or censure, any person authorized by these rules to represent taxpayers, if the person is shown to be incompetent, disreputable, or fails or refuses to comply with the rules in subsection (E), or in any manner, with intent to defraud, wilfully and knowingly deceives, misleads, or threatens any claimant person or prospective claimant person to be represented, by word, circular, letter, or by advertisement. The department may impose a monetary penalty on the representative, and if the representative was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to the penalty, the department may impose a monetary penalty on the employer, firm, or entity if it knew, or reasonably should have known, of the conduct. The penalty may not exceed the gross income derived, or to be derived, from the conduct giving rise to the penalty and may be in addition to, or instead of, suspension, disbarment, or censure of the representative. For the purposes of this section, incompetence and disreputable conduct is defined in Section 10.51 of United States Treasury Department Circular No. 230. The department may review a petition for reinstatement as provided in Section 10.81."
SECTION __. Section 12-60-90(F)(4) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"(4) references to federal tax obligations mean include all South Carolina taxes, including property taxes and property tax assessments, where administered by the department."
SECTION __. A. Chapter 58 of Title 12 of the 1976 Code is amended by adding:
"Section 12-58-190. (A) An officer or employee of the department may not deny a refund or delay the issuance of the department's order to the State Treasurer to pay a refund that has been determined to be due because the department is auditing or planning an audit of the taxpayer for a different tax or different tax period. This subsection does not prevent the issuance of an assessment, including a jeopardy assessment, pursuant to the Revenue Procedures Act.
(B) A person violating subsection (A) is subject to disciplinary action in accordance with the department's procedure, including dismissal from office of discharge from employment."
B. Section 12-58-170 of the 1976 Code is repealed.
SECTION __. A. Section 12-54-43 of the 1976 Code, as last amended by Act 89 of 2001, is further amended by adding at the end:
"(L) If a taxpayer asserts a value for property used in, or owned by, a business for property tax purposes that is fifty percent or more below the property's property tax value, there must be added to the tax an amount equal to the fifty percent of the underpayment which would have resulted if the value asserted had been accepted."
B. This SECTION takes effect upon approval by the Governor and is applicable for tax years beginning after December 31, 2005.
SECTION __. A. Chapter 35, Title 11 of the 1976 Code is amended by adding:
Section 11-35-5510. (A) A governmental body or political subdivision may not contract to purchase tangible personal property, and a person may not contract to sell tangible personal property to a governmental body or political subdivision unless, before or upon entering into the contract, and during the term of the contract, the person contracting to sell the tangible personal property is licensed with the South Carolina Department of Revenue and agrees to remit sales and use tax pursuant to Chapter 36 of Title 12. The provisions of this section apply to all sellers, including nonresident sellers who may not be legally obligated to collect and remit the sales and use tax.
(B) The licensing requirement of subsection (A) does not apply:
(1) if all sales of tangible personal property by the person to governmental bodies, political subdivisions, or residents or businesses in this state are exempt from the sales and use tax pursuant to Section 12-36-2120; or,
(2) to an affiliate of the person contracting with a governmental body or political subdivision if that affiliate is not selling tangible personal property to a governmental body, political subdivision, or a resident or business in this State.
(C) The provisions of this section do not apply:
(1) if the State Budget and Control Board finds that it is in the best interest of the State not to enforce the provisions of this section with respect to a specific contract; or
(2) if the Governor, after declaring a state of emergency, finds that it is in the best interest of the State not to enforce the provisions of this section in order directly to provide timely assistance with respect to the declared emergency.
(D) As used in this section:
(1) 'person' has the meaning provided in Section 12-36-30 and includes every affiliate of the person contracting with a governmental body or political subdivision;
(2) 'affiliate' includes any person that bears a relationship, as set forth in Internal Revenue Code Section 267, to the person entering into a contract, or under contract, with the governmental body or political subdivision; and,
(3) 'tangible personal property' has the meaning provided in Section 12-36-60.
(E) The State Budget and Control Board shall enforce the provisions of this section and may require governmental bodies and political subdivisions to incorporate within all contracts to purchase tangible personal property penalties that must be imposed upon the person contracting with the governmental body or political subdivision for failure to comply with this section.
(F) Failure of the person contracting with a governmental body or political subdivision to comply with the provisions of this section allows the governmental body or political subdivision, at its discretion, immediately to void the contract, and impose any penalties established under this chapter or by contract for failure of the person to comply with the law. Any penalties imposed pursuant to this section must not be passed on to the governmental body or political subdivision."
B. This SECTION takes effect upon approval by the Governor and applies for procurements beginning on or after that date.
SECTION __. Section 6-32-40(C)(3) of the 1976 Code, as added by Act 227 of 2004, is amended to read:
"(3) The credit earned pursuant to this subsection by a general partnership, limited partnership, limited liability company, or any other entity taxed as a partnership pursuant to Subchapter K of the Internal Revenue Code must be passed through to its partners and may be allocated among any of its partners, including without limitation, an allocation of the entire credit to one partner, in a any manner agreed by the partners that is consistent with Subchapter K of the Internal Revenue Code. As used in this subsection, the term 'partner' means a partner, member, or owner of an interest in the pass through entity, as applicable."
SECTION __. Section 30-9-30(B)(1) and (2) of the 1976 Code, as added by Act 385 of 1998, are amended to read:
"(1) If a person presents a conveyance, mortgage, judgment, lien, contract, or other document to the clerk of court or the register of deeds for filing or recording, the clerk of court or the register of deeds may refuse to accept the document for filing or recording if he reasonably believes that the conveyance, mortgage, judgment, lien, contract, or other document is materially false or fraudulent or is a sham legal process. However, if the person presenting the conveyance, mortgage, judgment, lien, contract, or other document to the clerk of court or the register of deeds resubmits the document within ten business days after the refusal with a sworn, written affidavit asserting the validity of the document and establishing the identity, mailing address, and phone number of all parties connected to the document, the clerk of court or register of deeds must accept the document for filing. Within thirty days of a written notice of such refusal, the person presenting the document may commence a suit in a state court of competent jurisdiction requiring the clerk of court or the register of deeds to accept the document for filing.
(2) If the clerk of court or the register of deeds reasonably believes that a conveyance, mortgage, judgment, lien, contract, or other document is materially false or fraudulent, or is a sham legal process, or was not issued by a court of competent jurisdiction or appropriate government entity, the clerk of court or the register of deeds may remove the conveyance, mortgage, judgment, lien, contract, or other document from the public records after mailing giving thirty days written notice to the person on whose behalf the document was filed at the return address provided in the document and allowing at least ten business days for a response through the form of a sworn, written affidavit asserting the validity of the document and establishing the identity, mailing address, and phone number of all parties connected to the document. If a sworn, written affidavit is received by the clerk of court or register of deeds from the person on whose behalf the document was filed, the conveyance, mortgage, judgment, lien, contract, or other document must be accepted for filing. Within thirty days written notice of the proposed removal, the person providing the notice may commence a suit in a state court of competent jurisdiction preventing the clerk of court or the register of deeds from removing the document."
SECTION __. A. Section 12-36-90(1)(c)(iii) of the 1976 Code is amended to read:
"(iii) tangible personal property replacing defective parts under written warranty contracts if:
(A) the warranty, maintenance, service, or similar contract is given without charge, at the time of original purchase of the defective property, or the tax was paid on the sale or renewal of warranty, maintenance, or similar service contract for tangible personal property of which the defective part was a component, whether or not such contract was purchased in conjunction with the sale of tangible personal property,
(B) in the case of a warranty, maintenance, service, or similar contract that is given without charge at the time of original purchase of the defective property, the tax was paid on the sale of the defective part or on the sale of the property of which the defective part was a component, and
(C) the warrantee is not charged for any labor or materials,"
B. Section 12-36-910(B) of the 1976 Code, as last amended by Act 69 of 2003, is further amended by adding an appropriately numbered item at the end to read:
"( ) gross proceeds accruing or proceeding from the sale or renewal of warranty, maintenance, or similar service contracts for tangible property, whether or not such contracts are purchased in conjunction with the sale of tangible personal property."
C. Section 12-36-1310(B) of the 1976 Code, as last amended by Act 334 of 2002, is further amended by adding an appropriately numbered item at the end to read:
"( ) gross proceeds accruing or proceeding from the sale or renewal of warranty, maintenance, or similar service contracts for tangible personal property, whether or not such contracts are purchased in conjunction with the sale of tangible personal property."
D. This SECTION takes effect the first day of the fourth month after the approval of the Governor.
SECTION __. A. Section 12-54-250 of the 1976 Code, as last amended by Act 363 of 2002, is further amended by adding at the end:
"(F)(1) A tax return preparer who prepares one hundred or more returns for a tax period for the same tax year shall submit all returns and make all payments associated with those returns by electronic means where electronic means are available. Where electronic means are not available to file the return, but 2D barcode is available, the preparer must use 2D barcode. If a taxpayer submits a written request to the preparer that states a reason for his return to be filed by another means, the preparer may submit that return by another means. Preparers shall maintain these requests for the same period as they shall retain the return and submit copies to the department upon request.
(2) The department shall include a notice of this requirement in its form instructions and in the forms area of its website.
(3) For the purposes of this subsection, tax return preparer means the business entity and not the individual location or individual completing the return.
(4) If compliance with this section is a substantial financial hardship, a tax return preparer may apply in writing to the department to be exempted from these requirements. The department may grant an exemption for no more than one year at a time.
(5) A person who fails to comply with the provisions of this section must be penalized in an amount to be assessed by the department equal to fifty dollars for each return."
B. This SECTION takes effect upon approval by the Governor for tax years beginning on or after January 1, 2006.
SECTION __. A. Section 12-6-5060 of the 1976 Code, as last amended by Act 308 of 2004, is further amended to read:
"Section 12-6-5060. (A) Each taxpayer required to file a state individual income tax return may contribute to the War Between the States Heritage Trust Fund established pursuant to Section 51-18-115, the Nongame Wildlife and Natural Areas Program Fund, the Children's Trust Fund of South Carolina established pursuant to Section 20-7-5010, the Eldercare Trust Fund of South Carolina established pursuant to Section 43-21-160, the First Steps to School Readiness Fund established pursuant to Section 20-7-9740, or the South Carolina Military Family Relief Fund established pursuant to Article 3, Chapter 11 of Title 25, the Gift of Life Trust Fund of South Carolina established pursuant to Section 44-43-1310, the Veterans' Trust Fund of South Carolina established pursuant to Chapter 21 of Title 25, the South Carolina Litter Control Enforcement Program (SCLCEP) and used by the Governor's Task Force on Litter only for the SCLCEP program, the South Carolina Law Enforcement Assistance Program (SCLEAP) and used as provided in Section 23-3-65, the South Carolina Department of Parks, Recreation and Tourism for use in the South Carolina State Park Service in the manner the General Assembly provides, or K-12 public education for use in the manner the General Assembly provides by law, by designating the contribution on the return. The contribution may be made by reducing the income tax refund or by remitting additional payment by the amount designated.
(B) All South Carolina individual income tax return forms must contain a designation for the above contributions. The instructions accompanying the income tax form must contain a description of the purposes for which the funds were established and the use of monies from the income tax contribution.
(C) The department shall determine and report at least annually to the appropriate agency administering the fund or in the case of the Children's Trust Fund to the fund the total amount of contributions designated to the above funds. The department shall transfer the appropriate amount to each fund at the earliest possible time. The incremental cost of administration of the contribution must be paid out of retained by the department from the contributions before any funds are expended as provided in this section.
(D) The Department of Natural Resources shall make a report to the General Assembly as early in January of each year as may be practicable, which must include the amount of revenue produced by the contributions and a detailed accounting of expenditures from the Nongame Wildlife and Natural Areas Fund.
(E) For purposes of this section, the South Carolina Department of Revenue is not subject to provisions of the South Carolina Solicitation of Charitable Funds Act as contained in Chapter 56, Title 33.
(F) Revenues from the South Carolina Litter Control Enforcement Program Fund and the South Carolina Law Enforcement Assistance Program Fund carry forward into succeeding fiscal years and earnings of the funds must be credited to them."
B. Sections 12-6-5065, 12-6-5070, 12-6-5080, 12-6-5085, and 12-6-5090 are repealed.
SECTION __. A. Section 12-6-1130 of the 1976 Code, as last amended by Act 363 of 2002, is further amended by adding appropriately numbered items at the end to read:
"( )(a) A deduction is not allowed a person for the accrual of an expense or interest if the payee is a related person and the payment is not made in the taxable year of accrual or before the payer's income tax return is due, without regard to extensions, for the taxable year of accrual. Except as provided in subitem (b), deductions disallowed pursuant to this section are allowed when the payment is made. The holder shall include the payment in income in the year the debtor is entitled to take the deduction. This section does not apply to payments deemed to be made by the application of South Carolina's adoption of Internal Revenue Code Section 482, 7872, a similar provision of the Internal Revenue Code or state law.
(b) Notwithstanding subitem (a), an interest deduction is not allowed for the accrual or payment of interest on obligations issued as a dividend or paid instead of paying a dividend. This interest must be treated as a dividend to the debtor's shareholders when it is paid, and if the holder of the obligation is not a shareholder at that time, a payment from the shareholders to the holder at that time.
(c) For purposes of this item, a related person includes a person that bears a relationship to the taxpayer as described in Section 267 of the Internal Revenue Code."
B. This SECTION takes effect upon approval by the Governor and applies to taxable years beginning after 2005.
SECTION __. A.1. Chapter 2, Title 61 of the 1976 Code is amended by adding:
"Section 61-2-136. Notwithstanding another provision of law, a currently licensed beer and wine wholesaler or currently licensed alcoholic liquor wholesaler who wishes to relocate the licensed business to a new location within the State must notify the department. This notice must be in writing, must precisely describe the premises to be licensed, must give the date of the move, and must be filed with the department at least thirty days prior to the move. Upon receipt of this notice, the department shall transfer the permit to the new premises effective on the date of the move."
2. This section takes effect on the first day of the third month following approval by the Governor.
B. Section 61-2-100 of the 1976 Code, as last amended by Act 442 of 1998, is further amended by adding appropriately numbered subsections at the end to read:
"(I) The department may not issue a wholesale beer and wine permit pursuant to this title unless the applicant is a legal resident of the United States, and has been a legal resident of this State and has maintained his principal place of abode in this State for at least thirty days before the date of the application.
(J) A misstatement or concealment of fact on an application for a license or permit pursuant to this title is sufficient grounds for the department to deny the application and to revoke a license or permit issued based on an application containing a misstatement or concealment of fact."
C. Section 61-2-160 of the 1976 Code, as last amended by Act 415 of 1996, is further amended to read:
"Section 61-2-160. No A license or permit under pursuant to the provisions of this title may must not be issued, renewed, or transferred unless the department and the Internal Revenue Service determine determines that the applicant does not owe the state or federal government State delinquent taxes, penalties, or interest. If the department or the Internal Revenue Service determine determines that delinquent taxes, penalties, or interest are due, the department must shall notify the applicant of the necessary requirements to comply with this section."
D. Section 61-4-10 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-4-10. All beers, ales, porter, and other similar malt or fermented beverages containing not in excess of five fourteen percent of alcohol by weight and all wines containing not in excess of twenty-one percent of alcohol by volume are declared to be nonalcoholic and nonintoxicating beverages."
E. Section 61-4-520 of the 1976 Code is amended to read:
"Section 61-4-520. No A retail permit authorizing the sale of beer or wine may must not be issued unless:
(1) The applicant, any a partner, or co-shareholder of the applicant, and each agent, employee, and servant of the applicant to be employed on the licensed premises are of good moral character.
(2) The retail applicant is a legal resident of the United States, has been a legal resident of this State for at least thirty days before the date of application, and has maintained his principal place of abode in the State for at least thirty days before the date of application.
(3) The wholesale applicant is a legal resident of the United States and has been a legal resident of this State for at least thirty days before the date of application and has maintained his principal place of abode in the State for at least thirty days before the date of application or has been licensed previously under the laws of this State.
(4) The applicant, within two years before the date of application, has not had revoked a beer or a wine permit issued to him.
(5)(4) The applicant is twenty-one years of age or older.
(6)(5) The location of the proposed place of business of the applicant is in the opinion of the department a proper one.
(7)(6) The department may consider, among other factors, as indications of unsuitable location, the proximity to residences, schools, playgrounds, and churches. This item does not apply to locations licensed before April 21, 1986.
(8)(7)(a) Notice of application has appeared at least once a week for three consecutive weeks in a newspaper most likely to give notice to interested citizens of the county, city, or community in which the applicant proposes to engage in business. The department shall determine which newspapers meet the requirements of this section based on available circulation figures. However, if a newspaper is published in the county and historically has been the newspaper where the advertisements are published, the advertisements published in that newspaper meet the requirements of this section. The notice must:
(a)(i) be in the legal notices section of the newspaper or an equivalent section if the newspaper has no legal notices section;
(b)(ii) be in large type, covering a space of one column wide and at least two inches deep; and
(c)(iii) state the type license applied for and the exact location of the proposed business.
(b)An applicant for a beer or wine permit and an alcoholic liquor license may use the same advertisement for both if the advertisement is approved by the department.
(9)(8) Notice has been given by displaying a sign for fifteen days at the site of the proposed business. The sign must:
(a) state the type of permit sought;
(b) state where an interested person may protest the application;
(c) be in bold type;
(d) cover a space at least twelve inches high and eighteen inches wide;
(e) be posted and removed by an agent of the division."
F. Section 61-4-525 of the 1976 Code is amended to read:
"Section 61-4-525. (A) A person residing in the county in which a retail beer and wine permit is requested to be granted, or a person residing within five miles of the location for which a retail beer and wine permit is requested, may protest the issuance or renewal of the permit if he files a written protest setting forth:
(1) the name, address, and telephone number of the person filing the protest;
(2) the name of the applicant for the permit and the address of the premises sought to be licensed, or the name and address of the permit holder if the application is for renewal;
(3) the specific reasons why the application should be denied; and
(4) whether or not he wishes to attend a contested case hearing before the Administrative Law Judge Division Court.
(B) Upon receipt of a timely filed protest, the department shall determine the protestant's intent to attend a contested hearing before the Administrative Law Judge Division Court. If the protestant intends to attend a contested hearing, the department may not issue the permanent permit but shall forward the file to the Administrative Law Judge Division Court.
(C) If the protestant, during the investigation expresses no desire to attend a contested hearing and offer testimony, the protest is deemed considered invalid, and the department shall continue to process the application and shall issue the permit if all other statutory requirements are met.
(D) A person who files a protest and fails to appear at a hearing after affirming a desire to attend the hearing may be assessed a fine or penalty to include court costs."
G. Section 61-6-1540(B) of the 1976 Code is amended to read:
"(B) Retail dealers licensed under pursuant to the ABC Act may sell all wines in the stores or places of business covered by their respective licenses, whether declared alcoholic or nonalcoholic or nonintoxicating by the laws of this State. Wines containing more than fourteen sixteen percent of alcohol by volume may be sold only in licensed alcoholic liquor stores or in establishments licensed to sell and permit consumption of alcoholic liquors in minibottles. The provisions of this section must do not be construed to amend, alter, or modify the taxes imposed on wines or the collection and enforcement of these taxes."
H. Section 12-60-510 of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"Section 12-60-510. (A) Before a taxpayer may seek a contested case hearing before the Administrative Law Judge Division Court, he shall exhaust the prehearing remedy.
(1) If a taxpayer requests a contested case hearing before the Administrative Law Judge Division Court within ninety days of the date of the proposed assessment without exhausting his prehearing remedy because he failed to file a protest with the department, the administrative law judge shall dismiss the action without prejudice. If the taxpayer failed timely to provide the department with the facts, law, and other authority supporting his position, he shall provide them to the department with the facts, law, and other authority he failed to present to the department earlier. The administrative law judge shall then remand the case to the department for reconsideration in light of the new facts or issues unless the department elects to forego the remand.
(2) If a taxpayer fails to file a protest with the department within ninety days of the date of the proposed assessment, the taxpayer is in default, and the department must issue an assessment for the taxes. The assessment may be removed by the Administrative Law Court for good cause shown, and the matter may be remanded to the department.
(B) Upon remand the department has thirty days, or a longer period ordered by the administrative law judge, to consider the new facts and issues and amend its department determination. The department shall issue its amended department determination in the same manner as the original. The taxpayer has thirty days after the date the department's amended determination was sent by first class mail or delivered to the taxpayer to again request a contested case hearing. Requests for a hearing before the Administrative Law Judge Division Court must be made in accordance with its rules. If the department fails to issue its amended department determination within thirty days of the date of the remand, or a longer period ordered by the administrative law judge, the taxpayer can again may request again a contested case hearing. At the new hearing the facts, law, and other authority presented at the original hearing have been presented in a timely manner for purposes of exhausting the taxpayer's prehearing remedy. The statute of limitations remains suspended by Section 12-54-85(G) during this process."
I. Section 12-60-1330 of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"(A) Section 12-60-1330. Before a person may seek a determination by an administrative law judge under pursuant to Section 12-60-1320, he shall exhaust his prehearing remedy.
(1) If a person requests a contested case hearing before the Administrative Law Judge Division Court within ninety days of the date of the denial or proposed suspension, cancellation, or revocation without exhausting his prehearing remedy because he failed to file a protest with the department, the administrative law judge shall dismiss the action without prejudice.
(2) If the person failed to provide the department within the ninety day time period with the facts, law, and other authority supporting his position, he shall provide them to the department with the facts, law, and other authority he failed to present to the department earlier. The administrative law judge shall then remand the case to the department for reconsideration in light of the new facts or issues unless the department elects to forego the remand.
(3) If a person fails to file a protest with the department within ninety days of the date of the denial or proposed suspension, cancellation, or revocation, the person is in default, and the department shall deny, suspend, cancel, or revoke the license or permit appropriate. The denial, suspension, cancellation, or revocation of the license or permit may be lifted by the administrative law court for good cause shown, and remand the matter to the department.
(B) Upon remand the department has thirty days, or a longer period ordered by the administrative law judge, to consider the new facts and issues and amend its department determination. The department shall issue its amended department determination in the same manner as the original. The person has thirty days after the date the department's amended determination was sent by first class mail or delivered to the person to again request a contested case hearing. Requests for a hearing before the Administrative Law Judge Division Court must be made in accordance with its rules. If the department fails to issue its amended department determination within thirty days of the date of the remand, or a longer period ordered by the administrative law judge, the person can again may request again a contested case hearing. At the new hearing the facts, law, and other authority presented at the original hearing have been presented in a timely manner for purposes of exhausting the person's prehearing remedy. The statute of limitations remains suspended by Section 12-54-85(G) during this process."
J. Section 61-6-1520 of the 1976 Code is repealed.
K. Except as provided in subsection A.2., this SECTION takes effect upon approval by the Governor.
SECTION __. Article 23, Chapter 37 of Title 12 of the 1976 Code is amended by adding:
"Section 12-37-2890. (A) Upon request of the Department of Revenue, and after the time period for all appeals of any tax due is exhausted, the Department of Public Safety shall suspend the driver's license and vehicle registration of a person who fails to file and pay a motor carrier property tax on a vehicle, pursuant to this article. Before notification is sent to the Department of Public Safety, the Department of Revenue shall notify the delinquent taxpayer by certified letter of the pending suspension and of the steps necessary to prevent the suspension from being entered on the person's driving and registration records. The department shall allow thirty days for payment of taxes before notifying the Department of Public Safety to suspend the driver's license and vehicle registration.
(B) Notwithstanding the provisions of Section 56-1-460, a charge of driving under suspension when the suspension is solely for failure to file and pay a motor carrier property tax or the reinstatement fee required for the property tax does not require proof of financial responsibility. A person is not subject to a custodial arrest solely for being under suspension pursuant to this section."
SECTION __. A. Section 12-28-310 of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"Section 12-28-310. (A) Subject to the exemptions provided in this chapter, a user fee of sixteen cents a gallon is imposed on:
(1) all gasoline used or consumed for any purpose in this State; and
(2) upon all diesel fuel used or consumed in this State in producing or generating power for propelling motor vehicles.
(B) The user fee levied on motor fuel subject to the user fee pursuant to this chapter is a levy and assessment on the consumer, and the levy and assessment on other persons as specified in this chapter are as agents of the State for the collection of the user fee. This section does not affect the method of collecting the user fee as provided in this chapter. The user fee imposed by this section must be collected and paid at those times, in the manner, and by those the persons specified in this chapter.
(C) The license user fee imposed by this section shall be in lieu is instead of all sales, use, or other excise tax which that may otherwise be imposed otherwise by any municipality, county, or other local political subdivision of the State."
B. Section 12-28-330 of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"Section 12-28-330. The department shall consider considers it a rebuttable presumption, subject to proof of exemption under pursuant to Article 7 of this chapter, that all motor fuel subject to the user fee removed from a terminal in this State, or imported into this State other than by a bulk transfer within the bulk transfer terminal system or delivered into an end user's storage tank, is to be used or consumed in this State, in the case of gasoline, and is to be used or consumed on the highways in South Carolina this State in producing or generating power for propelling motor vehicles in the case of all other taxable motor fuel."
SECTION __. A. Chapter 54 of Title 12 of the 1976 Code is amended by adding:
"Section 12-54-270. A tax refund check that is returned to the Department of Revenue for an unknown, undeliverable, or insufficient address is unclaimed property pursuant to the provisions of Chapter 18 of Title 27, the Uniform Unclaimed Property Act."
B. Section 27-18-20(10), of the 1976 Code, as last amended by Act 43 of 2001, is further amended to read:
"(10) 'Intangible property' includes:
(a) monies, checks, drafts, deposits, interest, dividends, and income;
(b) credit balances, customer overpayments, security deposits, refunds, credit memos, unpaid wages, unused airline tickets, and unidentified remittances except that intangible property does not include trading stamps and electronic entries representing trading stamps which that are awarded to retail customers incident to the purchase of goods;
(c) stocks and other intangible ownership interests in business associations;
(d) monies deposited to redeem stocks, bonds, coupons, and other securities, or to make distributions;
(e) amounts due and payable under the terms of insurance policies;
(f) amounts distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance, or similar benefits; and
(g) tax refund checks issued by this State and returned to the Department of Revenue by the Post Office for an unknown, undeliverable, or insufficient address."
C. Section 27-18-140 of the 1976 Code, as last amended by Act 264 of 1992, is further amended to read:
"Section 27-18-140. (A) Intangible property held for the owner by a court, state, or other government, governmental subdivision or agency, public corporation, or public authority which remains unclaimed by the owner for more than five years after becoming payable or distributable is presumed abandoned.
(B) Notwithstanding the provisions of subsection (A), tax refund checks as defined in Chapter 54 of Title 12 are presumed abandoned if unclaimed for a period of three months from the date the tax refund check was issued by the Department of Revenue.
(C) This chapter does not apply to tax refund checks mailed to an owner, and not presented for payment, but not returned to the Department of Revenue by the Post Office for an unknown, undeliverable, or insufficient address."
D. Section 27-18-180(A) of the 1976 Code is amended to read:
"(A) A person holding property tangible or intangible property, that is presumed abandoned and subject to custody as unclaimed property under pursuant to this chapter, shall report to the administrator concerning the property as provided in this section. The action taken to report an unclaimed tax refund check to the administrator is not a violation of disclosure prohibitions described in Section 12-54-240."
E. Section 12-6-5560 of the 1976 Code is repealed.
SECTION __. Section 12-54-46 of the 1976 Code is amended to read:
"Section 12-54-46. (A) An individual subject to withholding and required to supply information to his employer under pursuant to Chapter 8 of Title 12 who supplies a withholding exemption certificate which exceeds the number of exemptions to which he is entitled is liable for a penalty of not less than fifty five hundred dollars for each exemption claimed that exceeds the number to which he is entitled. The penalty is assessed and collected in the same manner as income tax penalties of the following violations:
(1) refusing or failing to provide a withholding exemption certificate;
(2) providing a withholding exemption certificate that claims he is exempt from withholding;
(3) providing exemptions on a withholding exemption certificate exceeding the number of exemptions to which he is entitled; or
(4) requesting a waiver from withholding to which he is not entitled.
(B) An additional five hundred dollar penalty is imposed each January first that a violation is not corrected.
(C) The penalty does not apply to an individual described in subsection (A) who has a change in family circumstances that makes his withholding exemption certificate inaccurate unless his employer or the department has informed him to revise his withholding exemption certificate."
SECTION __. Section 12-36-2610 of the 1976 Code, as last amended by Act 363 of 2002, is further amended to read:
"Section 12-36-2610. When a sales or use tax return required by Section 12-36-2570 and Chapter 10 of Title 4 a local sales and use tax law administered and collected by the department on behalf of a local jurisdiction is filed and the taxes due on it are paid in full on or before the final due date, including any date to which the time for making the return and paying the tax has been extended pursuant to the provisions of Section 12-54-70, the taxpayer is allowed a discount as follows:
(1) on taxes shown to be due by the return of less than one hundred dollars, three percent;
(2) on taxes shown to be due by the return of one hundred dollars or more, two percent.
In no case is a discount allowed if the return, or the tax on it is received after the due date, pursuant to Section 12-36-2570, or after the expiration of any extension granted by the department. The discount permitted a taxpayer under this section may not exceed three thousand dollars during any one state fiscal year. However, for taxpayers filing electronically, the discount may not exceed three thousand one hundred dollars. A person making sales into this State who cannot be required to register for sales and use tax under applicable law but who nevertheless voluntarily registers to collect and remit use tax on items of tangible personal property sold to customers in this State is entitled to a discount on returns filed as otherwise provided in this section not to exceed ten thousand dollars during any one state fiscal year."
SECTION __. Section 12-36-2110(A)(5) of the 1976 Code is amended to read:
"(5) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, and horse trailers, but not including house trailers or campers as defined in Section 56-3-710 or a fire safety education trailer;"
SECTION __. A. Chapter 36 of Title 12 of the 1976 Code is amended by adding:
Section 12-36-1910. For purposes of this article:
(1) 'Air-to-ground radiotelephone service' means a radio service, as that term is defined in 47 CFR 22.99, in which common carriers are authorized to offer and provide radio telecommunications service for hire to subscribers in aircraft.
(2) 'Call-by-call basis' means any method of charging for telecommunications services in which the price is measured by individual calls.
(3) 'Communications channel' means a physical or virtual path of communications over which signals are transmitted between or among customer channel termination points.
(4) 'Customer' means the person or entity that contracts with the seller of telecommunications services. If the end user of telecommunications services is not the contracting party, the end user of the telecommunications service is the customer of the telecommunication service, but this provision applies only for the purpose of sourcing sales of telecommunications services pursuant to Section 12-36-1920. 'Customer' does not include a reseller of telecommunications service or a mobile telecommunications service of a serving carrier under an agreement to serve the customer outside the home service provider's licensed service area.
(5) 'Customer channel termination point' means the location where the customer either inputs or receives the communications.
(6) 'End user' means the person who utilizes the telecommunication service. In the case of an entity, 'end user' means the individual who utilizes the telecommunication service. In the case of an entity, 'end user' means the individual who utilizes the service on behalf of the entity.
(7) 'Home service provider' means the same as that term is defined in Section 124(5) of Public Law 106-252 (Mobile Telecommunications Sourcing Act).
(8) 'Mobile telecommunications service' means the same as that term is defined in Section 124(7) of Public Law 106-252 (Mobile Telecommunications Sourcing Act).
(9) 'Place of primary use' means the street address representative of the customer's primary use of the telecommunications service, which must be the residential street address or the primary business street address of the customer. In the case of mobile telecommunications services, 'place of primary use' must be within the licensed service area of the home service provider.
(10) 'Post-paid calling service' means the telecommunications service obtained by making a payment on a call-by-call basis either through the use of a credit card or payment mechanism like a bank card, travel card, credit card, or debit card, or by charge made to a telephone number which is not associated with the origination or termination of the telecommunications. A post-paid calling service includes a telecommunications service that would be a prepaid calling service except it is not exclusively a telecommunication service.
(11) 'Prepaid calling service' means the right to access exclusively telecommunications services, which must be paid for in advance and which enables the origination of calls using an access number or authorization code, whether manually or electronically dialed, and that is sold in predetermined units or dollars, of which the number declines with use in a known amount.
(12) 'Private communication service' means a telecommunication service that entitles the customer to exclusive or priority use of a communications channel or group of channels between or among termination points, regardless of the manner in which the channel or channels are connected, and includes switching capacity, extension lines, stations, and other associated services provided in connection with the use of the channel or channels.
(13) 'Service address' means:
(a) the location of the telecommunications equipment to which a customer's call is charged and from which the call originates or terminates, regardless of where the call is billed or paid;
(b) if the location in item (a) is not known, service address means the origination point of the signal of the telecommunications services first identified by either the seller's telecommunications system or in information received by the seller from its service provider, where the system used to transport the signals is not that of the seller;
(c) if the location in item (a) and item (b) is not known, the service address means the location of the customer's place of primary use.
Section 12-36-1920. For the purposes of telecommunications sourcing:
(1) Except for the defined telecommunication services in item (3), the sale of telecommunication service sold on a call-by-call basis must be sourced to (i) each level of taxing jurisdiction where the call originates and terminates in that jurisdiction or (ii) each level of taxing jurisdiction where the call either originates or terminates and in which the service address is also located.
(2) Except for the defined telecommunication services in item (3), a sale of telecommunications services on a basis other than a call-by-call basis, is sourced to the customer's place of primary use.
(3) The sale of the following telecommunication services must be sourced to each level of taxing jurisdiction:
(a) A sale of mobile telecommunications services, other than air-to-ground radiotelephone service and prepaid calling service, is sourced to the customer's place of primary use as required by the Mobile Telecommunications Sourcing Act.
(b) A sale of post-paid calling service is sourced to the origination point of the telecommunications signal as first identified by either (i) the seller's telecommunications system, or (ii) information received by the seller from its service provider, where the system used to transport the signals is not that of the seller.
(c) A sale of a private communication service is sourced as follows:
(i) Service for a separate charge related to a customer channel termination point is sourced to each level of jurisdiction in which the customer channel termination point is located.
(ii) Service in which all customer termination points are located entirely within one jurisdiction or levels of jurisdiction is sourced in the jurisdiction in which the customer channel termination points are located.
(iii) Service for segments of a channel between two customer channel termination points located in different jurisdictions and the segments of channel are separately charged is sourced fifty percent in each level of jurisdiction in which the customer channel termination points are located.
(iv) Service for segments of a channel located in more than one jurisdiction or levels of jurisdiction and the segments are not separately billed is sourced in each jurisdiction based on the percentage determined by dividing the number of customer channel termination points in the jurisdiction by the total number of customer channel termination points.
Section 12-36-1930. Notwithstanding another provision of law, this article applies to local sales and use taxes on telecommunication services collected and administered by the Department of Revenue on behalf of the local jurisdictions."
B. Section 12-36-910(B)(3)(a) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"(3)(a) gross proceeds accruing or proceeding from the charges for the ways or means for the transmission of the voice or messages, including the charges for use of equipment furnished by the seller or supplier of the ways or means for the transmission of the voice or messages. Gross proceeds from the sale of prepaid wireless calling arrangements subject to tax at retail pursuant to item (5) of this subsection are not subject to tax pursuant to this item. Effective for bills rendered after August 1, 2002, charges for mobile telecommunications services subject to the tax under this item must be sourced in accordance with the Mobile Telecommunications Sourcing Act as provided in Title 4 of the United States Code. The term 'charges for mobile telecommunications services' is defined for purposes of this section the same as it is defined in the Mobile Telecommunications Sourcing Act. All other definitions and provisions of the Mobile Telecommunications Sourcing Act as provided in Title 4 of the United States Code are adopted. Telecommunications services are sourced in accordance with Section 12-36-1920;"
C. Section 12-36-1310(B)(3) of the 1976 Code, as last amended by Act 334 of 2002, is further amended to read:
"(3)(a) gross proceeds accruing or proceeding from the charges for the ways or means for the transmission of the voice or messages, including the charges for use of equipment furnished by the seller or supplier of the ways or means for the transmission of the voice or messages. Gross proceeds from the sale of prepaid wireless calling arrangements subject to tax at retail pursuant to item (5) of this subsection are not subject to tax pursuant to this item. Effective for bills rendered after August 1, 2002, charges for mobile telecommunications services subject to the tax under this item must be sourced in accordance with the Mobile Telecommunications Sourcing Act as provided in Title 4 of the United States Code. The term 'charges for mobile telecommunications services' is defined for purposes of this section the same as it is defined in the Mobile Telecommunications Sourcing Act. All other definitions and provisions of the Mobile Telecommunications Sourcing Act as provided in Title 4 of the United States Code are adopted. Telecommunications services are sourced in accordance with Section 12-36-1920;
(b)(i) for purposes of this item, a 'bundled transaction' means a transaction consisting of distinct and identifiable properties or services, which are sold for one nonitemized price but which are treated differently for tax purposes;
(ii) for bills rendered on or after January 1, 2004, that include telecommunications services in a bundled transaction, if the nonitemized price is attributable to properties or services that are taxable and nontaxable, the portion of the price attributable to any nontaxable property or service is subject to tax unless the provider can reasonably identify that portion from its books and records kept in the regular course of business for purposes other than sales taxes;"
D. Section 12-36-1310(B), as last amended by Act 69 of 2003, is further amended by adding:
"(5) gross proceeds accruing or proceeding from the sale or recharge at retail for prepaid wireless calling arrangements.
(a) 'Prepaid wireless calling arrangements' means communication services that:
(i) are used exclusively to purchase wireless telecommunications;
(ii) are purchased in advance;
(iii) allow the purchaser to originate telephone calls by using an access number, authorization code, or other means entered manually or electronically; and
(iv) are sold in units or dollars which decline with use in a known amount.
(b) All charges for prepaid wireless calling arrangements must be sourced to the:
(i) location in this State where the over-the-counter sale took place;
(ii) shipping address if the sale did not take place at the seller's location and an item is shipped; or
(iii) either the billing address or location associated with the mobile telephone number if the sale did not take place at the seller's location and no item is shipped."
E. This SECTION takes effect the first calendar day of the third full month after its approval by the Governor.
SECTION __. Notwithstanding the provisions of Section 12-43-217 of the 1976 Code, a county which conducted a countywide property tax equalization and reassessment program after 2000 which has not yet been implemented, may by ordinance postpone the implementation for one additional property tax year.
SECTION __. A. Section 12-36-140(C)(3), as added by Act 387 of 2000, is amended to read:
"(3) for the purpose of being distributed as (i) cooperative direct mail promotional advertising materials, or (ii) promotional maps, brochures, pamphlets, or discount coupons by nonprofit chambers of commerce or convention and visitor bureaus who are exempt from income taxation pursuant to Internal Revenue Code Section 501(c) by means of interstate carrier, a mailing house, or a United States Post Office to residents of this State from locations both inside and outside the State. For purposes of this item, 'cooperative direct mail promotional advertising materials' means discount coupons, advertising leaflets, and similar printed advertising, including any accompanying envelopes and labels which are distributed with promotional advertising materials of more than one business in a single package to potential customers, at no charge to the potential customer, of the businesses paying for the delivery of the material."
B. Section 12-36-2120(58) of the 1976 Code, as added by Act 387 of 2000, is amended to read:
"(58) cooperative direct mail promotional advertising materials and promotional maps, brochures, pamphlets, or discount coupons by nonprofit chambers of commerce or convention and visitor bureaus who are exempt from income taxation pursuant to Internal Revenue Code Section 501(c) delivered at no charge by means of interstate carrier, a mailing house, or a United States Post Office to residents of this State from locations both inside and outside the State. For purposes of this item, 'cooperative direct mail promotional advertising materials' means discount coupons, advertising leaflets, and similar printed advertising, including any accompanying envelopes and labels which are distributed with promotional advertising materials of more than one business in a single package to potential customers, at no charge to the potential customer, of the businesses paying for the delivery of the material."
C. This section takes effect for tax years beginning after 2005, but does not authorize or permit refunds of taxes paid.
SECTION __. Article 13, Chapter 28, Title 12 of the 1976 Code is amended by adding:
"Section 12-28-1400. (A) All information required to be reported in this chapter must be used in the tracking of petroleum products and must be submitted in the manner provided by the department. The requirements may include, but not be limited to, the data elements, the format of the data elements, and the method and medium of transmission to the department.
(B) A person liable for reporting under this chapter who fails to meet the requirements of this section within three months after notification of the failure by the department, in addition to all other penalties prescribed by this chapter, is subject to an additional penalty of five thousand dollars for each month the failure continues."
SECTION __. A. Chapter 54, Title 12 of the 1976 Code is amended by adding:
"Section 12-54-123. A person in possession of property upon which a levy has been made who, upon demand by the department, surrenders the property to the department must not be held personally liable for any obligation or liability to the taxpayer and any other person with respect to the property that arises from the surrender or payment. If a person brings an action not allowed pursuant to this section in any court of this State, the court shall dismiss the case."
B. This section takes effect July 1, 2005.
SECTION __. A. Title 12 of the 1976 Code is amended by adding:
Section 12-55-10. This chapter may be cited as the 'Overdue Tax Debt Collection Act'.
Section 12-55-20. The General Assembly finds that the Department of Revenue has documented that the state's cost of collecting overdue tax debts exceeds twenty percent of the cost of collecting overdue debts. The General Assembly further finds that the cost of collecting overdue tax debts is currently borne by taxpayers who pay their taxes on time. It is the intent of the General Assembly by enacting the 'Overdue Tax Debt Collection Act' to ship this cost to the delinquent taxpayers who owe overdue tax debts.
Section 12-55-30. (A) As used in this chapter:
(1) 'Overdue tax debt' means any part of a tax debt that remains unpaid one hundred twenty days or more after the taxpayer receives notice as defined in Section 12-55-30(A)(2).
(2) 'Notice' means a notice of assessment issued by the department to the taxpayer pursuant to the South Carolina Revenue Procedures Act.
(3) 'Tax debt' means the total amount of tax, fees, penalties, interest, and costs for which notice has been issued by the department to the taxpayer.
(B) Except when the context clearly indicates a different meaning, the definitions in Section 12-60-30 also apply to this chapter.
Section 12-55-40. A collection assistance fee may be imposed on an overdue tax debt. To impose a collection assistance fee on a tax debt, the department shall notify the taxpayer that the collection assistance fee may be imposed if the tax debt becomes overdue tax debt.
Section 12-55-50. The collection assistance fee is collectible as part of the debt. The department may waive the fee to the same extent as if it were a penalty.
Section 12-55-60. The amount of the collection assistance fee is twenty percent of the amount of the overdue tax.
Section 12-55-70. The proceeds of the collection assistance fee must be credited to a special account within the department and must be used to fund the South Carolina Business One Stop (SCBOS) program within the department. Any excess proceeds of the collection assistance fee above the amount required to fund the SCBOS program must be credited to the department to be retained and expended for use in budgeted operations.
Section 12-55-80. The department may bring suits in the courts of other states to collect taxes legally due this State. The officials of other states are empowered to sue for the collection of taxes in the courts of this State. Whenever the department considers it expedient to employ local counsel to assist in bringing suit in an out-of-state court, the department may employ local counsel.
Section 12-55-90. Collection agencies with which the department contracts under Sections 12-4-340 and 12-54-227 are also authorized to collect on behalf of the department overdue tax debts and the collection fee imposed by this chapter."
B. The 'Overdue Tax Debt Collection Act' as added by this section applies for all tax debts incurred before which remain outstanding on December 1, 2002, and to all tax debts incurred on or after December 1, 2002.
SECTION __. A. Article 7, Chapter 4, Title 61 of the 1976 Code is amended by adding:
"Section 61-4-725. Notwithstanding any other provision of law, a licensed winery located in a county or municipality that has conducted a favorable referendum under the provisions of Section 61-6-2010, during those same hours authorized by permits issued under Section 61-6-2010, may sell, possess, and permit the consumption of wine on the premises."
B. This section takes effect July 1, 2005.
SECTION __. Section 6-1-320(A) of the 1976 Code is amended to read:
"(A) Notwithstanding Section 12-37-251(E), a local governing body may increase the millage rate imposed for general operating purposes above the rate imposed for such purposes for the preceding tax year only to the extent of the increase in the consumer price index for the in the average of the twelve monthly consumer price indexes for the most recent twelve-month period consisting of January through December of the preceding calendar year. However, in the year in which a reassessment program is implemented, the rollback millage, as calculated pursuant to Section 12-37-251(E), must be used in lieu of the previous year's millage rate."
SECTION __. Section 12-6-40(A)(1) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"(1)(a) Except as otherwise provided, 'Internal Revenue Code' means the Internal Revenue Code of 1986, as amended through December 31, 2002 2004, and includes the effective date provisions contained in it.
(b) For purposes of Sections 63 and 179 of the Internal Revenue Code, the amendments made by Sections 103 and 202 of the Jobs and Growth Tax Relief Reconciliation Act of 2003, P.L. 108-27 (May 28, 2003) are effective only for taxable years beginning after December 31, 2003."
SECTION __. Section 12-6-50 of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"Section 12-6-50. For purposes of this chapter title and all other titles which provide for taxes administered by the department, except as otherwise specifically provided, the following Internal Revenue Code Sections are specifically not adopted by this State:
(1) Sections 1(a) through 1(e), 3, 11, and 1201 relating to federal tax rates;
(2) Sections 22 through 53, 515, 853, 901 through 908, and 960 relating to tax credits;
(3) Sections 55 through 59 relating to minimum taxes;
(4) Sections 78, 86, 87, 168(k), 196, and 280C relating to dividends received from certain foreign corporations by domestic corporations, taxation of social security and certain railroad retirement benefits, the alcohol fuel credit, bonus depreciation, deductions for certain unused business credits, and certain expenses for which credits are allowable;
(5) Sections 72(m)(5)(B), 72(f), 72(o), 72(q), and 72(t), relating to penalty taxes on certain retirement plan distributions;
(6) Section 172(b)(1) relating to net operating loss carrybacks;
(7) Section 199 relating to the deduction attributable to domestic production activities;
(8) Sections 531 through 564 relating to certain special taxes on corporations;
(8)(9) Sections 581, 582, and 585 through 596 relating to the taxation of banking institutions;
(9)(10) Sections 665 through 668 relating to taxation of certain accumulation distributions from trusts;
(10)(11) Sections 801 through 845 relating to taxation of insurance companies;
(11)(12) Sections 861 through 908, 912, 931 through 940, and 944 through 989 relating to the taxation of foreign income;
(13) Sections 1352 through 1359 relating to an alternative tax on qualifying shipping activities;
(12)(14) Sections 1401 through 1494;
(13)(15) Sections 1501 through 1505 relating to consolidated tax returns; and
(14)(16) Sections 2001 through 7655, 7801 through 7871, and 8001 through 9602, except for Section 6015, and except for Sections 6654 and 6655 which are adopted as provided in Section 12-6-3910."
SECTION __. Section 12-6-1110 of the 1976 Code is amended to read:
"Section 12-6-1110. (A) For South Carolina income tax purposes, gross income, adjusted gross income, and taxable income as calculated under the Internal Revenue Code are modified as provided in this article and subject to allocation and apportionment as provided in Article 17 of this chapter.
(B) If a taxpayer has made an election pursuant to Internal Revenue Code Section 1354 to be taxed under the provisions of Section 1352-1359 of the Internal Revenue Code, Election to Determine Taxable Income from Certain International Shipping Activities, the election is not effective for South Carolina income tax purposes, and the taxpayer is taxed in accordance with this chapter as though no federal Section 1354 election has been made."
SECTION __. A. Section 12-6-1130(2) of the 1976 Code is amended to read:
"(2) The deduction for taxes permitted by Internal Revenue Code Section 164 is computed in the same manner as provided in Section 164 except there is no deduction for state and local income taxes, or state and local franchise taxes measured by net income, or any other income taxes, or any taxes measured by or with respect to net income, or state or local sales or use taxes."
B. Section 12-6-1130 of the 1976 Code, as amended by Act 363 of 2002, is further amended by adding an appropriately numbered item at the end to read:
"( ) Adjusted gross income and taxable income are computed without the deduction allowed pursuant to Internal Revenue Code Section 199 relating to domestic production activities."
SECTION __. Section 12-6-1140(8) of the 1976 Code is amended to read:
"(8) RESERVED. the portion of premiums not deductible pursuant to Internal Revenue Code Section 162(l) because the "applicable percentage" as defined in that section is less than one hundred percent."
SECTION __. A. Section 12-6-2220(2) of the 1976 Code is amended to read:
"(2) Dividends received from corporate stocks owned not connected with the taxpayer's business, less all related expenses, are allocated to the state of the corporation's principal place of business as defined in Section 12-6-30(9) or the domicile of an individual taxpayer."
B. Section 12-6-2220(2) of the 1976 Code, as amended by this section, applies for taxable years beginning after 2004.
SECTION __. The ultimate undesignated paragraph of Section 12-6-3360(M)(3) of the 1976 Code, as last amended by Act 168 of 2004, is further amended to read:
"Notwithstanding any other another provision of law, 'new job' includes jobs created by a taxpayer when the taxpayer hires more than five hundred full-time individuals:
(a) at a manufacturing facility located in a county classified as least developed distressed;
(b) immediately before their employment by the taxpayer, the individuals were employed by a company operating, as of the effective date of this paragraph, under Chapter 11 of the United States Bankruptcy Code; and
(c) the taxpayer, as an unrelated entity, acquires as of July 10, 2002 March 12, 2004, substantially all of the assets of the company operating under Chapter 11 of the United States Bankruptcy Code."
SECTION __. A. Section 12-6-3365(A) of the 1976 Code, as last amended by Act 172 of 2004, is further amended to read:
"(A) A taxpayer creating and maintaining at least one hundred full-time new jobs, as defined in Section 12-6-3360(M), at a facility of a type identified in Section 12-6-3360(M) may petition, utilizing the procedure in Section 12-6-2320(B), for a moratorium on state corporate income or insurance premium taxes imposed pursuant to Section 12-6-530 or insurance premium taxes imposed pursuant to Title 38 for the ten taxable years beginning the first full taxable year after the taxpayer qualifies and ending either ten years from that year or the year when the taxpayer's number of full-time new jobs falls below one hundred, whichever is earlier. For purposes of insurance premium taxes, the petition pursuant to Section 12-6-2320(B) must be made to and approved by the director of the Department of Insurance."
B. The amendment to Section 12-6-3365 of the 1976 Code in this section does not affect its repeal as provided in Section 3 of Act 277 of 2000.
SECTION __. A. Section 12-6-3480 of the 1976 Code is amended to read:
"Section 12-6-3480. (A) Notwithstanding any other provision of law:
(1) Any credits under Title 38 may be applied against any taxes imposed under this chapter or license fees imposed under Chapter 20 of this title.
(2) Any credits under this chapter or Chapter 14 of this title which are earned by one member of a controlled group of corporations a corporation included in a consolidated corporate income tax return under Section 12-6-5020 may must be used and applied against the consolidated tax, unless otherwise specifically provided by that member and by any other members of the controlled group of corporations.
(3) Any limitations upon the total amount of liability for taxes or license fees that can be reduced by the use of a credit must be computed one credit at a time before any other another credit is used to reduce any remaining tax or license fee liability under this chapter or Chapter 20 of this title. Subject to item (4), The taxpayer may apply any credits arising under this chapter or Chapter 14 of this title in any order the taxpayer elects, and may apply a credit that is allowed for use against both taxes and license fees in any order, unless otherwise specifically provided, and against either one or both taxes and license fees in any given year, subject to specific limitations in the applicable credit statute and this item.
(4) No credit amount may be used more than once, and all credits must be used, to the extent possible in any given year, first by the company that earned them, and second against the tax which generated them. Unless otherwise provided by law, a tax credit administered by the department must be used to the extent possible in the year it is generated and cannot be refunded.
(5) As used in this section:,
(a) the term 'controlled group of corporations' has the same meaning as provided under Section 1563 of the Internal Revenue Code without regard to Section 1563(a)(4), (b)(2)(A), only with respect to corporations which are in existence for less than one-half the number of days in the tax year referred to therein, and (b)(2)(C) and (D);
(b) the term 'tax credit' or 'credit' means a statutorily directed or authorized reduction in the tax liability made after any applicable tax rates are applied."
B. Section 12-6-3480 of the 1976 Code, as amended by this section, applies for taxable years beginning after 2004.
SECTION __. A. Section 12-6-4910(1)(d) of the 1976 Code is amended to read:
"(d) a nonresident individual with South Carolina gross income greater than the personal exemption amount provided in Internal Revenue Code Section 151(d)."
B. Section 12-6-4910(1)(d) of the 1976 Code, as amended by this section, applies for taxable years beginning after 2005.
SECTION __. A. Section 12-6-5020(F) of the 1976 Code is amended to read:
"(F) If a corporation which files or is required to file a consolidated return is entitled to one or more income tax credits, including the carryover of unused credits from prior years, the income tax credits may must be determined on a consolidated basis. Limitations on credits which refer to the income or the income tax liability of a corporation are deemed to refer to the income or income tax liability of the consolidated group, and credits shall reduce the consolidated group's tax liability regardless of whether or not the corporation entitled to the credit contributed to the tax liability or of the consolidated group."
B. Section 12-6-5020(F), as amended by this section, applies for taxable years beginning after 2004.
SECTION __. A. Section 12-6-5030 of the 1976 Code is amended to read:
"Section 12-6-5030. (A) A partnership or 'S' Corporation may file a composite individual income tax return on behalf of the nonresident partners or shareholders that are individuals, or trusts, and or estates in which the income is taxed to the trust or estate, or the department may require that a partnership or 'S' Corporation file a composite individual income tax return on behalf of the nonresident partners or shareholders that are individuals, or trusts and estates in which the income is taxed to the trust or estate, provided that a nonresident partner or 'S' Corporation shareholder having taxable income within the jurisdiction of this State from sources other than the partnership or 'S' Corporation may not file as part of the composite return.
(B)(1) A composite return is one which combines the separate South Carolina tax liabilities of the nonresident partners or shareholders and a single return for two or more taxpayers having the same tax year in which each participant's share of the partnerships or 'S' Corporation's taxable income or loss is separately computed and added together to arrive at the total tax due on the composite return. The partnership or 'S' Corporation may elect to determine each participant's tax due by one of the following methods:
(a) compute the pro rata share of the standard deduction or itemized deductions, and personal exemption amount for each participant pursuant to Section 12-6-1720(2) in the same manner as if it was being separately reported; or
(b) compute each participant's share of South Carolina income without regard to any deductions or exemptions.
(2) The composite return is signed by a general partner or an authorized officer of the 'S' Corporation.
(C) If there is not sufficient information to determine the separate liability or the state of residence, then no deduction is allowed for personal exemptions, individual itemized deductions, or standard deductions.
(D)(1) A composite return may be filed even if some of the nonresident fiduciary and individual shareholders and partners eligible to participate in filing a composite return choose not to participate. Corporate taxpayers may not participate in a composite return.
(2) A nonresident participating in the composite return that has South Carolina income from sources other than the entity filing the composite return is required to file appropriate returns and make payment of all South Carolina taxes required by law. Taxes paid for the nonresident with the composite return shall reduce taxes due at the time the nonresident subject to this subitem files a separate return for the tax year reporting South Carolina income from all sources. The entity shall furnish to each nonresident a written statement as required by Section 12-8-1540(A) as proof of the amount that has been paid by the partnership or 'S' corporation as estimated payments for the nonresident and the amount paid for the nonresident with the composite return.
(E)(D) The department may establish procedures or promulgate rules and promulgate regulations necessary to carry out the provisions of this section."
B. Section 12-6-5030 of the 1976 Code, as amended by this section, applies for taxable years beginning after 2004.
SECTION __. A. Subsections (A) and (D)(3) of Section 12-8-520 of the 1976 Code are amended to read:
"(A) An employer paying wages at the rate of eight hundred dollars or more a year to an employee shall withhold income tax for that employee if at the time of payment the wages are expected to equal one thousand dollars or more during the year, except as provided in (C), using the tables and rules promulgated by the department.
(3) for personal services performed on occasional, sporadic, or casual visits to in this State by nonresident employees in connection with their regular employment outside of this State; when the gross South Carolina wages are equal to or less than the personal exemption amount provided in Internal Revenue Code Section 151(d) as defined in Section 12-6-40. However, this item does not apply to employees performing construction, installation, engineering, or similar services are considered to have earned wages in this State if where the situs of the job is in this State;"
B. Subsections (A) and (D)(3) of Section 12-8-520 of the 1976 Code, as amended by this section, apply for taxable years beginning after 2005.
SECTION __. A. Section 12-8-1520(A)(2) of the 1976 Code is amended to read:
"(2) If a resident withholding agent is required under the Internal Revenue Code to deposit withheld funds at a financial institution, then the withholding agent shall deposit the funds required to be withheld under this chapter at a financial institution selected by the State Treasurer, unless otherwise instructed by the department."
B. Section 12-8-1520 of the 1976 Code is amended by adding at the end:
"(D) Any withholding agent making at least twenty-four payments in a year must do so as provided in Section 12-54-250."
C. Section 12-8-1520(A)(2) of the 1976 Code, as amended in subsection A of this section, takes effect July 1, 2005. The amendment to Section 12-8-1520 in the 1976 Code in subsection (B) of this section applies for payments due after January 1, 2006.
SECTION __. Section 12-10-105 of the 1976 Code, as added by Act 334 of 2002, is amended to read:
"Section 12-10-105. In addition to the application fee provided in Section 12-10-100, an additional annual fee of one thousand dollars must be remitted by those qualifying businesses receiving claiming in excess of ten thousand dollars of job development credits or in excess of ten thousand dollars in job retraining credits in one calendar year . to the department The fee is due for each project that is subject to a revitalization or retraining agreement that exceeds ten thousand dollars in one calendar year and must be remitted to the Department of Revenue to be used to reimburse the department of Revenue for costs incurred auditing reports required pursuant to Section 12-10-80(A). The fee becomes due at the time the single project's claims for job development credits or job retraining credits exceeds ten thousand dollars for that calendar year."
SECTION __. A. Subsections (B)(1) and (C) of Section 12-20-105 of the 1976 Code, as last amended by Act 69 of 2003, are further amended to read:
"(1) To be considered an eligible project for purposes of this section, the project must qualify for income tax credits under Chapter 6 of Title 12, withholding tax credit under Chapter 10 of Title 12, income tax credits under Chapter 14 of Title 12, or fees in lieu of property taxes under either Chapter 12 of Title 4, Chapter 29 of Title 4, Chapter 37 of Title 12, or Chapter 44 of Title 12.
(C) For the purpose of this section, 'infrastructure' means improvements for water, sewer, gas, steam, electric energy, and communication services made to a building or land that are considered necessary, suitable, or useful to an eligible project. These improvements include, but are not limited to:
(1) improvements to both public or private water and sewer systems;
(2) improvements to both public or private electric, natural gas, and telecommunications systems including, but not limited to, ones owned or leased by an electric cooperative, electric utility, or electric supplier, as defined in Chapter 27, Title 58;
(3) fixed transportation facilities including highway, road, rail, water, and air;
(4) for a qualifying project under subsection (B)(2), infrastructure improvements include industrial shell buildings and the purchase of land for an office, business, commercial, or industrial park which is owned or constructed by a county or political subdivision of this State."
B. Subsections (B)(1) and (C) of Section 12-20-105 of the 1976 Code, as amended by this section, apply for taxable years beginning after 2004.
SECTION __. Section 12-21-1090 of the 1976 Code is amended to read:
"Section 12-21-1090. The department shall may promulgate rules and regulations for the payment and collection of the taxes levied by this article. The administrative provisions of Section 12-21-2870, wherever applicable, are hereby adopted for the administration and enforcement of the provisions of this article."
SECTION __. A. Section 12-21-6550 of the 1976 Code is amended to read:
"Section 12-21-6550. In order to obtain the amounts provided in Sections 12-21-6530 and 12-21-6540:
(A) The county or municipality in which the major tourism or recreation facility or major tourism or recreation area is located must file with the Department of Parks, Recreation and Tourism a certification application. The Department of Parks, Recreation and Tourism shall review the application for completeness and accuracy and if necessary contact the county or municipality for additional information. A separate certification application must be filed for each tourism or recreation facility located in a tourism or recreation area. The certification application must be filed within one year of the end of the investment period.
(B) When the application is complete, the Department of Parks, Recreation and Tourism shall forward the application on to the department. The department must shall notify the county or the municipality, in writing, if the certification application has been approved.
(B)(C) A tourism or recreation facility for which a certification application has been filed must request a determination from the council as to the status of the tourism or recreation facility. The council must classify each tourism or recreation facility as a new tourism or recreation facility or an expansion to an existing tourism or recreation facility. If a tourism or recreation facility is classified as an expansion to an existing tourism or recreation facility, Section 12-21-6580 applies. The request for determination of classification must be included in the certification application. The department must forward a copy of the request to the council for its determination."
B. This section takes effect July 1, 2005.
SECTION __. Section 12-28-740(3)(b) of the 1976 Code is amended to read:
"(b) by application for a refund or credit against its liabilities otherwise arising under this chapter, if the purchase is charged to a credit card issued to an eligible government entity, the issuer of the card elects to be the ultimate vendor, and the federal agency is billed without the user fee;"
SECTION __. Subsections (C) and (F) of Section 12-28-1730 of the 1976 Code are amended to read:
"(C) Reserved. The department shall impose a civil penalty on the operator of a vehicle of two hundred dollars for the initial occurrence in each calendar year of a violation of the prohibition of use of dyed motor fuel subject to the user fee on the public highways of this State. Each subsequent offense in a calendar year is subject to a civil penalty of five thousand dollars.
(F) The department shall impose a civil penalty in an amount equivalent to that imposed by Section 6715 of the Internal Revenue Code on the operator of a vehicle who knowingly violates the prohibition on the sale or use of dyed fuel upon public highways of this State. The department shall impose a civil penalty in the amount of one thousand dollars or ten dollars for each gallon of dyed fuel involved, whichever is greater, on the operator of a vehicle that is used on the highways of this State, or is authorized or otherwise allowed to be used on the highways of this State, and who uses dyed fuel for the propulsion of that vehicle or who stores dyed fuel to be used for the propulsion of a vehicle on the highways of this State, regardless of whether any of such dyed fuel is used for a nontaxable purpose, unless permitted to do so under federal law.
For purposes of this section, the operator is the person responsible for the management and operation of the vehicle, whether as owner, lessee, or other party."
SECTION __. Section 12-36-530 of the 1976 Code is amended to read:
"Section 12-36-530. Retailers, after closing or selling a business, must return the retail license to the department for cancellation and remit any unpaid or accrued taxes. The department may refuse to issue a new retail license to any person who has failed to comply with the provisions of this section.
In the case of sale of any business the tax is considered to be due at the time of the sale of the fixtures and equipment incident to the business and constitutes a lien against the stock of goods and the fixtures and equipment in the hands of the purchaser, or any other third party, until the tax is paid. The department may not issue a retail license to continue or conduct the business to the purchaser until all taxes due the State have been settled and paid."
SECTION __. Section 12-36-1310(B) of the 1976 Code, as last amended by Act 334 of 2002, is further amended to read:
"(B) The use tax imposed by this article also applies to the:
(1) gross proceeds accruing or proceeding from the business of providing or furnishing any a laundering, dry cleaning, dyeing, or pressing service, but does not apply to the gross proceeds derived from coin operated laundromats and dry cleaning machines;
(2) gross proceeds accruing or proceeding from the sale of electricity;
(3)(a) gross proceeds accruing or proceeding from the charges for the ways or means for the transmission of the voice or messages, including the charges for use of equipment furnished by the seller or supplier of the ways or means for the transmission of the voice or messages. Gross proceeds from the sale of prepaid wireless calling arrangements subject to tax at retail pursuant to item (5) of this subsection are not subject to tax pursuant to this item. Effective for bills rendered after August 1, 2002, charges for mobile telecommunications services subject to the tax under this item must be sourced in accordance with the Mobile Telecommunications Sourcing Act as provided in Title 4 of the United States Code. The term 'charges for mobile telecommunications services' is defined for purposes of this section the same as it is defined in the Mobile Telecommunications Sourcing Act. All other definitions and provisions of the Mobile Telecommunications Sourcing Act as provided in Title 4 of the United States Code are adopted;
(b)(i) for purposes of this item, a 'bundled transaction' means a transaction consisting of distinct and identifiable properties or services, which are sold for one nonitemized price but which are treated differently for tax purposes:
(ii) for bills rendered on or after January 1, 2004, that include telecommunications services in a bundled transaction, if the nonitemized price is attributable to properties or services that are taxable and nontaxable, the portion of the price attributable to any nontaxable property or service is subject to tax unless the provider can reasonably identify that portion from its books and records kept in the regular course of business for purposes other than sales taxes.
(4) fair market value of tangible personal property brought into this State, by the manufacturer thereof, for storage, use, or consumption in this State by the manufacturer.
(5) gross proceeds accruing or proceeding from the sale or recharge at retail for prepaid wireless calling arrangements.
(a) 'Prepaid wireless calling arrangements' means communication services that:
(i) are used exclusively to purchase wireless telecommunications;
(ii) are purchased in advance;
(iii) allow the purchaser to originate telephone calls by using an access number, authorization code, or other means entered manually or electronically; and
(iv) are sold in units or dollars which decline with use in a known amount.
(b) All charges for prepaid wireless calling arrangements must be sourced to the:
(i) location in this State where the over-the-counter sale took place;
(ii) shipping address if the sale did not take place at the seller's location and an item is shipped; or
(iii) either the billing address or location associated with the mobile telephone number if the sale did not take place at the seller's location and no item is shipped."
SECTION __. Section 12-36-2120 of the 1976 Code, as amended by Act 69 of 2003, is further amended by adding an appropriately numbered item at the end to read:
"( ) prescription and over-the-counter medicines and medical supplies, including diabetic supplies, diabetic diagnostic equipment, and diabetic testing equipment, sold to a health care clinic that provides medical and dental care without charge to all of its patients."
SECTION __. A. Section 12-36-2510 of the 1976 Code is amended to read:
"Section 12-36-2510. (A)(1) Notwithstanding other provisions of this chapter, when, in the opinion of the department, the nature of a taxpayers business renders it impracticable for the taxpayer to account for the sales or use taxes, as imposed by this chapter, at the time of purchase, the department may issue its certificate to the taxpayer authorizing the purchase at wholesale and the taxpayer is liable for the taxes imposed by this chapter with respect to the gross proceeds of sale, or sales price, of the property withdrawn, used or consumed by the taxpayer within this State. at its discretion, may issue or authorize for the efficient administration of the sales and use tax law any type of certificate allowing a taxpayer to purchase tangible personal property tax free and be liable for any taxes.
(2) In addition to any other type of certificate the department considers necessary to issue, the department may issue at its discretion:
(a) Direct Pay Certificate: a direct pay certificate allows its holder to make all purchases tax free and to report and pay directly to the department any taxes due. The holder of a direct pay certificate is liable for any taxes due. If an exemption or exclusion is not applicable, the tax is due upon the withdrawal, use, or consumption of the tangible personal property purchased with the certificate.
(b) Exemption Certificate: an exemption certificate, as opposed to allowing its holder to make all purchases tax free, allows its holder to make only certain purchases tax free such as machinery, electricity, or raw materials. The holder of an exemption certificate is liable for any taxes due. If an exemption or exclusion is not applicable, the tax is due upon purchase, or upon the withdrawal, use, or consumption of the tangible personal property purchased with the certificate if the application of the exemption or exclusion cannot be determined at the time of purchase.
(B) To reduce the complexity and administrative burden of transactions exempt from sales or use tax, the following provisions must be followed when a purchaser claims an exemption by use of an exemption certificate:
(1) the seller shall obtain at the time of the purchase any information determined necessary by the department, including the reason the purchaser is claiming a tax exemption or exclusion;
(2) the department, at its discretion, may utilize a system where the purchaser exempt from the payment of the tax is issued an identification number which must be presented to the seller at the time of the sale;
(3) the seller shall maintain proper records of exempt or excluded transactions and provide them to the department when requested and in the form requested by the department.
(C) A seller that complies with the provisions of this section is relieved from any tax otherwise applicable if it is determined that the purchaser improperly claimed an exemption or exclusion by use of a certificate, provided the seller fraudulently did not fail to collect or remit the tax, or both, or solicit a purchaser to participate in an unlawful claim of an exemption. The liability for any tax shifts to the purchaser who improperly claimed the exemption or exclusion by use of the certificate."
B. This section takes effect October 1, 2005.
SECTION __. Items (5) and (8) of Section 12-37-220(B) of the 1976 Code are amended to read:
"(5) All property of the American Legion, the Veterans of Foreign Wars, the Spanish American War Veterans, the Disabled American Veterans, and Fleet Reserve Association or any similar Veterans Organization chartered by the Congress of the United States, whether belonging to the department or to any of the Posts in this State when used exclusively for the purpose of such organization and not used for any purpose other than club rooms, offices, meeting places or other activities directly in keeping with the policy stated in the National Constitution of such organization, and such property is devoted entirely to its own uses and not held for 'pecuniary profit'. For the purposes of this item 'pecuniary profit' refers to income received from the sale of alcoholic beverages to persons other than bona fide members and their bona fide guests, or any income, any part of which inures to the benefit of any private individual. Where any structure or parcel of land is used partly for the purposes of such organization and partly for such pecuniary profits, the area for pecuniary profits shall be assessed separately and that portion shall be taxed.
(8) Properties of whatever nature or kind owned within the State and used or occupied by the Palmetto Junior Homemakers Association, the New Homemakers of South Carolina, the South Carolina Association of Future Farmers of America and the New Farmers of South Carolina, so long as such properties are used exclusively to promote vocational education or agriculture, better business methods and more effective organization for farming or to encourage thrift or provide recreation for persons studying agriculture or home economics in the public schools."
SECTION __. A. Subsections (a) and (b) of Section 12-54-42 of the 1976 Code are amended to read:
"(a) An employer A person who fails to comply with the provisions of Section 12-8-1540, requiring the furnishing of a withholding statement to employees is subject to a penalty of not less than one hundred dollars nor more than one thousand dollars for each violation.
(b) An employer A person who fails to comply with the provisions of Section 12-8-540(A)(1) 12-8-1550, requiring the filing of withholding statements with the department is subject to a penalty of not less than one hundred dollars nor more than two thousand dollars for each violation."
B. This section takes effect July 1, 2005.
SECTION __. A. Section 12-54-43(I) of the 1976 Code is amended to read:
"(I) A person:
(1)(a) who files what purports to be a return of the tax imposed by a provision of law administered by the department but which:
(a)(i) does not contain information on which the substantial correctness of the tax liability may be judged; or
(b)(ii) contains information that on its face indicates the liability is substantially incorrect; and or
(b) who files a claim, a protest, or document, other than a return, that contains information that on its face indicates its position is substantially incorrect; and
(2) whose conduct is due to:
(a) a position which is frivolous or groundless; or
(b) a desire, which appears on the purported return, claim, protest, or document, to delay or impede the administration of state tax laws;
(3) is liable to a penalty of five hundred dollars for the first filing, twenty-five hundred dollars for the second filing, and five thousand dollars for each subsequent filing. This penalty is These penalties are in addition to all other penalties provided by law."
B. Section 12-54-43 of the 1976 Code, as last amended by Act 89 of 2001, is further amended by adding an appropriately lettered subsection at the end to read:
"( ) If a purchaser uses a resale, wholesale, or an exemption certificate issued or authorized by the department to purchase tangible personal property tax free which the purchaser knows is not excluded or exempt from the tax under the provisions of Chapter 36 of this title, then the purchaser, in addition to any other penalties due under this title, is liable for a penalty of five percent of the amount of the tax if the failure is for not more than one month, with an additional five percent for each additional month or fraction of the month during which the failure continues, not exceeding fifty percent in the aggregate. The provisions of this section do not apply to direct pay certificates."
C. Section 12-54-43(I) of the 1976 Code, as amended by subsection A. of this section, takes effect October 1, 2005. Section 12-54-43 of the 1976 Code, as amended by subsection B. of this section, takes effect July 1, 2005.
SECTION __. Section 12-54-90(A) of the 1976 Code is amended to read:
"(A) When a person fails, neglects, violates, or refuses to comply with a provision of law or regulation administered by the department, the department, in its discretion, may refuse to issue a license to a taxpayer and may revoke one or more licenses held by the taxpayer. within ten days of notification in writing of the taxpayer's failure to comply. The notification may be served by certified mail or personally."
SECTION __. A. Section 12-54-210(A) of the 1976 Code is amended to read:
"(A) A person liable for a tax, license, fee, or surcharge administered by the department or for the filing of a return with the department, including information returns, required by this title shall keep books, papers, memoranda, records, render statements, make returns, and comply with regulations as the department prescribes. Persons failing to comply with the provisions of this section must be penalized in an amount to be assessed by the department not to exceed five hundred dollars for the period covered by the return in addition to other penalties provided by law."
B. This section takes effect July 1, 2005.
SECTION __. A. Items (11) and (12) of Section 12-54-240(B) of the 1976 Code are amended to read:
"(11) disclosure of information contained on a return to the South Carolina Employment Security department Commission, Department of Revenue, or to the Department of the Treasury, Alcohol, and Tobacco Tax and Firearms Division Trade Bureau;
(12)(a) disclosure to any state agency, county auditor, or county assessor of whether a resident or nonresident tax return was filed by any particular taxpayer.;
(b) disclosure to any county auditor or county assessor of whether the four percent assessment pursuant to Section 12-43-220(c)(1) has been claimed by a taxpayer in any county."
B. Section 12-54-240(B)(24) of the 1976 Code, as added by Act 69 of 2003, is further amended to read:
"(24) disclosure of information pursuant to a subpoena issued by a federal grand jury or the State Grand Jury of South Carolina."
SECTION __. Section 12-58-185(A) of the 1976 Code, as last amended by Act 89 of 2001, is further amended to read:
"(A) The department, in its discretion, may accept installment payment payments for amounts due it for a period not to exceed one year from the date the payment was due originally. Interest accrues during the installment period, pursuant to Section 12-54-25. In addition, the department may extend the time for payment of an amount due it. An extension pursuant to this section may be granted only beyond one year if it is shown to the satisfaction of the department that the payment of the amount due it upon the date originally fixed for the payment will result in undue hardship to the taxpayer."
SECTION __. A. Section 12-60-420 of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"Section 12-60-420. (A) If a division of the department makes a division decision or determines there is a deficiency in a state or local tax administered by the department, it may send by first class mail or deliver the division decision or the proposed assessment to the taxpayer. The division decision or the proposed assessment must explain the basis for the division decision or the proposed assessment and state that assessment will be made or the decision will become final unless the taxpayer protests the division decision or the proposed assessment as provided in Section 12-60-450.
(B) If the taxpayer fails to file a protest, the division decision or proposed assessment will become final and, if applicable, an assessment will be made for the amount of a proposed assessment. The department shall make available forms which taxpayers may use to protest the division decision or the proposed assessments. The division decision or the proposed assessment is effective if mailed to the taxpayer's last known address even if the taxpayer refuses or fails to take delivery, is deceased, or is under a legal disability, or, if a corporation, has terminated its existence. For a joint tax return or liability, one division decision or the proposed assessment may be mailed to both taxpayers unless the department has notice that the taxpayers have separate addresses in which event a duplicate original of the division decision or the proposed assessment must be sent to each taxpayer at his last known address."
B. This section takes effect January 1, 2005.
SECTION __. Section 12-60-490 of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"Section 12-60-490. If a taxpayer is due a refund, the refund must be applied first against any amount of that same tax that is assessed and is currently due from the taxpayer. The remaining refund, if any, must then be applied against any other state taxes that have been assessed against the taxpayer and that are currently due, or offset as provided in Article 3, Chapter 54 Chapter 56 of this title, or offset to collect a debt pursuant to Section 12-4-580, or both. If any excess remains, the taxpayer must be refunded the amount plus interest as determined in Section 12-54-25, or, at the taxpayer's request, it may be credited to future tax liabilities."
SECTION __. A. Section 61-4-747(C)(4) of the 1976 Code, as added by Act 40 of 2003, is amended to read:
"(4) annually, by August thirty-first January twentieth of each year, pay to the department all sales taxes and excise taxes due on sales to residents of this State in the preceding calendar year, the amount of the taxes to be calculated as if the sale were in this State at the location where delivery is made;"
B. Section 61-4-747(C)(4) of the 1976 Code, as amended by this section, applies for reports due after 2005.
SECTION __. A. Article 4, Chapter 14, Title 33 of the 1976 Code is amended by adding:
"Section 33-14-420. Notwithstanding another provision of this title, a claimant may not commence a suit or other proceeding against a former shareholder of a dissolved corporation for any known or unknown claim arising from the liabilities of the corporation, acts or omissions of the corporation, or acts committed in its name if the corporation filed its articles of dissolution with the Secretary of State before January 1, 1989, or was otherwise judicially or administratively dissolved before January 1, 1989. Further, a claimant may not satisfy a judgment rendered against a dissolved corporation by proceeding against or joining an individual shareholder if the corporation filed its articles of dissolution with the Secretary of State before January 1, 1989, or was otherwise judicially or administratively dissolved before January 1, 1989."
B. This section takes effect upon approval of the Governor, and applies to corporations dissolved before, on, or after the effective date of this section.
SECTION __. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective. /
Renumber sections to conform.
Amend title to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 305 (Word version) -- Senators Peeler, J. V. Smith, Short, Alexander, Hayes, Moore, Lourie and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA MEDICAID MODERNIZATION ACT" INCLUDING PROVISIONS TO ADD ARTICLE 8, CHAPTER 6, TITLE 44 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL IMPLEMENT EFFECTIVE AND EFFICIENT MEDICAID CARE MANAGEMENT, INCLUDING ADMINISTERING CARE MANAGEMENT PROGRAMS FOR ROUTINE CARE AND IMPLEMENTING CARE MANAGEMENT PROGRAMS FOR CHRONIC DISEASE CARE; TO PROVIDE FOR EFFECTIVE MEDICAID PHARMACY BENEFIT MANAGEMENT, INCLUDING THE ESTABLISHMENT OF THE PHARMACY AND THERAPEUTICS COMMITTEE, WHICH SHALL RECOMMEND CLASSES OF DRUGS THAT SHOULD BE INCLUDED ON A PREFERRED DRUG LIST AND CRITERIA FOR IMPLEMENTATION OF A PREFERRED DRUG LIST PROGRAM; TO PROVIDE FOR EFFECTIVE MEDICAID STATE AGENCY SERVICE MANAGEMENT, INCLUDING PERIODIC MEETINGS OF DIRECTORS OF ALL STATE AGENCIES RECEIVING MEDICAID FUNDS FOR THE PURPOSE OF CONTROLLING THE GROWTH OF MEDICAID AND IMPROVING THE STATE MEDICAID PROGRAM AND TO REQUIRE THE DEPARTMENT TO REPORT TO THE GENERAL ASSEMBLY ON MEDICAID EXPENDITURES AND TO CONDUCT PERIODIC AUDITS AND REVIEWS OF STATE AGENCIES RECEIVING MEDICAID FUNDS; TO ADD SECTION 44-6-110 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO, AMONG OTHER THINGS, DEVELOP MEDICAID ELIGIBILITY DETERMINATION CRITERIA, TO CENTRALIZE MEDICAID ELIGIBILITY PROCESSING, AND TO CONDUCT AUDITS OF ELIGIBILITY FILES; TO AMEND SECTION 44-6-80, RELATING TO REPORTS TO THE GENERAL ASSEMBLY, SO AS TO FURTHER SPECIFY THE CONTENTS AND REQUIREMENTS FOR THESE REPORTS; TO AMEND ARTICLE 3, CHAPTER 6, TITLE 44, RELATING TO CHILD DEVELOPMENT SERVICES, SO AS TO DELETE THESE PROVISIONS AND TO PROVIDE FOR MEDICAID FRAUD AND ABUSE MANAGEMENT, INCLUDING PROVISIONS REQUIRING AUDITS, SANCTIONS, AND CONTRACTING WITH OTHER ENTITIES TO PREVENT MEDICAID FRAUD, ABUSE, AND WASTE; TO ADD SECTION 38-71-270 SO AS TO REQUIRE HEALTH INSURERS TO SUBMIT NAMES AND OTHER IDENTIFYING INFORMATION TO THE DEPARTMENT OF INSURANCE TO BE PROVIDED TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO USE IN IDENTIFYING MEDICAID RECIPIENTS WHO HAVE OTHER HEALTH INSURANCE COVERAGE; TO ADD SECTION 44-6-112 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO FUND THE NET COSTS OF ANY THIRD PARTY LIABILITY AND DRUG REBATE COLLECTION EFFORTS FROM THE REVENUE COLLECTED IN THOSE EFFORTS; TO AMEND SECTION 43-3-65, RELATING TO COUNTIES PROVIDING OFFICE SPACE TO THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO ALSO REQUIRE COUNTIES TO PROVIDE SPACE FOR THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ELIGIBILITY PROCESSING; AND TO REPEAL JOINT RESOLUTION 370 OF 2002 RELATING TO NURSING HOME BED FRANCHISE FEES.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11801AC05), which was tabled:
Amend the bill, as and if amended, Section 38-71-270 page 13, immediately after line 29 by inserting:
/(C) Nothing in this section applies to accident-only, specified disease, hospital indemnity, Medicare supplement, long-term care, disability income, or other limited benefit health insurance policies./
Amend the bill further, by adding an appropriately numbered SECTION to read:
/SECTION __. Article 1, Chapter 71, Title 38 of the 1976 Code is amended by adding:
"Section 38-71-280. A Health Maintenance Organization that has contracted with the Department of Health and Human Services to become a Manage Care Organization for Medicaid in South Carolina when paying authorized claims for subscribers who have chosen that plan must pay South Carolina Medicaid providers with whom the plan does not have a contract not less than one hundred percent of the then current Medicaid fee schedule. Medicaid providers are defined as those providers that see fee-for-service Medicaid recipients. Providers continue not to have recourse to balance bill Medicaid recipients."/
Amend the bill further, page 3, immediately after line 35 by inserting:
/Section 44-6-1130. A Health Maintenance Organization that has contracted with the department to become a Managed Care Organization for Medicaid in South Carolina, to be in compliance with network adequacy standards must provide for the following:
(1) There must be at least one PCP per twenty-five hundred members accessible within a thirty mile radius for ninety-five percent of the population of the area to be served. If a radius map cannot demonstrate this, the Managed Care Organization may state that it generally meets this requirement, and how this was determined.
(2) There must be a contracted hospital within the county, or within a thirty-mile radius of ninety-five per cent of the population of the area to be served where none exists in the county. The Managed Care Organization must have a contractual arrangement with a tertiary care facility within a reasonable travel distance.
(3) The Managed Care Organization must contract with an adequate number and type of specialists within a fifty-mile radius of ninety five per cent of the population in the area to be served. The mileage standards do not apply to subspecialists. For subspecialists, the Manage Care Organization should describe how it will assure access to subspecialists, as necessary./
Amend the bill further, by adding appropriately numbered SECTIONS to read:
/SECTION __. Chapter 30, Title 1 of the 1976 Code is amended by adding:
Section 1-30-510. There is created the Department of Information Technology for Health and Human Services Agencies. The Governor shall appoint the director of the department with the advice and consent of the Senate and the House of Representatives. The director must have training and experience in the field of information technology planning, administration, and operations.
Section 1-30-520. (A) The department is responsible for the management and administration of all information technologies, including information technology appropriations, other funding, and contracting, for the:
(1) Department of Social Services;
(2) Department of Disabilities and Special Needs;
(3) Department of Mental Health.
(B) The director has final approval for all proposed information technologies expenditures of the agencies enumerated in subsection (A).
(C) Annually the director shall submit a report to the General Assembly containing the proposed information technologies expenditures of the agencies enumerated in subsection (A).
Section 1-30-530. In carrying out the responsibilities of this article the director shall:
(1) develop a coordinated strategic plan for information resources management that:
(a) covers a multi-year period;
(b) defines objectives for information resources management at each health and human services agency;
(c) prioritizes information resources projects and implementation of new technology for all health and human services agencies;
(d) integrates planning and development of each information resources system used by a health and human services agency, including those funded with federal funds or other funds, or both, into a coordinated information resources management planning and development system established by the commission;
(e) establishes standards for information resources system security and that promotes the ability of information resources systems to operate with each other; and
(f) achieves economies of scale and related benefits in purchasing for health and human services information resources systems;
(2) establish information resources management policies, procedures, and technical standards, which must comply with statewide policies, procedures, and standards developed by the State Chief Information Officer, and ensure compliance with these policies, procedures, and standards.
Section 1-30-540. (A) The director may appoint an information technology advisory committee composed of information resources managers for state agencies and for private employers which may advise the director regarding:
(1) overall goals and objectives for information resources management for all health and human services agencies;
(2) coordination of agency information resources management plans;
(3) development of short-term and long-term strategies for:
(a) implementing information resources management policies, procedures, and technical standards;
(b) ensuring compatibility of information resources systems across health and human services agencies as technology changes;
(4) information resources training and skill development for health and human services agency employees and policies to facilitate recruitment and retention of trained employees;
(5) standards for determining:
(a) the circumstances in which obtaining information resources services under contract is appropriate;
(b) the information resources services functions that must be performed by health and human services agency information resources services employees; and
(c) the information resources services skills that must be maintained by health and human services agency information resources services employees;
(6) optimization of the use of information resources technology that is in place at health and human services agencies;
(7) existing and potential future information resources technologies and practices and the usefulness of those technologies and practices to health and human services agencies.
(B) The committee shall review and make recommendations to the director concerning the consolidation and improved efficiency of information resources management functions, including:
(a) cooperative leasing of information resources systems equipment;
(b) consolidation of data centers;
(c) improved network operations;
(d) technical support functions, including help desk services, call centers, and data warehouses;
(e) administrative applications;
(f) purchases of standard software;
(g) joint training efforts;
(h) recruitment and retention of trained agency employees;
(i) video conferencing; and
(j) other related opportunities for improved efficiency.
(C) The members of the advisory committee appointed pursuant to subsection (A) may not receive mileage, per diem, subsistence, or any form of compensation for their service on the committee."
SECTION __. Title 2 of the 1976 Code is amended by adding:
Section 2-64-10. There is established the Joint Legislative Oversight Committee on Medicaid and Health Care composed of seven members; three of whom must be members of the Senate appointed by the Chairman of the Senate Finance Committee, one of whom must be a member of the minority party; three of whom must be members of the House of Representatives appointed by the Chairman of the House Ways and Means Committee, one of whom must be a member of the minority party; and one of whom must be the Governor or the Governor's appointee. The committee shall elect a chairman and vice chairman from among its members.
Section 2-64-20. (A) In carrying out its responsibilities under this chapter, the committee shall:
(1) make a detailed and careful study of the:
(a) State Medicaid Plan annually, and the committee must be notified of any amendments to the plan;
(b) federal laws pertaining to the Medicaid program; and
(c) laws that have a bearing upon the Medicaid program;
(2) review the state Medicaid program's compliance with state and federal laws, regulations, and other requirements;
(3) compare the state Medicaid program with the Medicaid program structures of other states;
(4) recommend changes, and introduce legislation when appropriate, regarding the structure of Medicaid eligibility and the type, scope, and duration of services, together with predicted General Fund revenue, to make the State Medicaid Plan more stable and affordable for the taxpayers of this State;
(5) provide for the revision of state laws and the State Medicaid Plan to develop a more easily understood, financially manageable, and stable system;
(6) review efforts of the state Medicaid agency including, but not limited to:
(a) cost containment measures;
(b) fiscal and program accountability;
(c) quality of care;
(d) effective coordination of all health care providers and payers;
(e) performance measurement and reporting; and
(f) detection of fraud and abuse;
(7) submit reports and recommendations annually to the Governor and the General Assembly for improving state health care policy and financing and other recommendations as may be appropriate.
(B) In carrying out its responsibilities under this chapter, the committee may:
(1) hold public hearings;
(2) receive testimony of any employee of the State or any other witness who may assist the committee in its duties;
(3) call for assistance in the performance of its duties from any employee or agency of the State or any of its political subdivisions;
(4) contract with consultants to assist the committee in accomplishing its duties.
Section 2-64-30. The committee may adopt by majority vote rules not inconsistent with this chapter that it considers proper with respect to matters relating to the discharge of its duties under this section. Professional and clerical services for the committee must be made available from the staffs of the General Assembly, the Budget and Control Board, and the Department of Health and Human Services. The members of the committee may not receive mileage, per diem, subsistence, or any form of compensation for their service on the committee."/
Renumber sections to conform.
Amend title to conform.
Rep. RICE explained the amendment.
Rep. RICE moved to table the amendment, which was agreed to.
Rep. RICE proposed the following Amendment No. 5 (Doc Name COUNCIL\NBD\11872AC05), which was adopted:
Amend the bill, as and if amended, Section 38-71-270 page 13, immediately after line 29 by inserting:
/(C) This section does not apply to supplemental insurance policies written on an individual basis for the purpose of paying a specified predetermined dollar amount that the insured does not, under the terms of the policy, have to apply towards medical costs. However, such dollar amounts may be considered by the department in determining the insured's financial eligibility for Medicaid. Insurers shall honor requests from the department to provide information on their insureds, for whom Medicaid covered services may have been provided, including information regarding benefits and payments./
Amend the bill further, by adding an appropriately numbered SECTION to read:
/SECTION __. Article 2, Chapter 6, Title 44 of the 1976 Code is amended by adding:
"Section 44-6-162. The department shall reimburse eligible hospitals the Graduate Medical Education cost associated with the base rate payment for Medicaid Health Maintenance Organization enrollees consistent with the process and methodology used for other Medicaid recipients. The department shall begin implementation of this requirement no later than October 1, 2005."/
Amend the bill further, page 3, immediately after line 35 by inserting:
/Section 44-6-1130. A Health Maintenance Organization that has contracted with the department to become a Managed Care Organization for Medicaid in South Carolina, to be in compliance with network adequacy standards must provide for the following:
(1) There must be at least one PCP per twenty-five hundred members accessible within a thirty mile radius for ninety-five percent of the population of the area to be served. If a radius map cannot demonstrate this, the Managed Care Organization may state that it generally meets this requirement, and how this was determined.
(2) There must be a contracted hospital within the county, or within a thirty-mile radius of ninety-five per cent of the population of the area to be served where none exists in the county. The Managed Care Organization must have a contractual arrangement with a tertiary care facility within a reasonable travel distance.
(3) The Managed Care Organization must contract with an adequate number and type of specialists within a fifty-mile radius of ninety five per cent of the population in the area to be served. The mileage standards do not apply to subspecialists. For subspecialists, the Manage Care Organization should describe how it will assure access to subspecialists, as necessary./
Renumber sections to conform.
Amend title to conform.
Rep. RICE explained the amendment.
The amendment was then adopted.
Rep. DAVENPORT proposed the following Amendment No. 4 (Doc Name COUNCIL\NBD\11855AC05), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Title 2 of the 1976 Code is amended by adding:
Section 2-64-10. There is established the Joint Medicaid Review Committee composed of six members; three of whom must be members of the Senate appointed by the Chairman of the Senate Finance Committee, one of whom must be a member of the minority party; three of whom must be members of the House of Representatives appointed by the Chairman of the House Ways and Means Committee, one of whom must be a member of the minority party. The committee shall elect a chairman and vice chairman from among its members.
Section 2-64-20. (A) In carrying out its responsibilities under this chapter, the committee shall meet at least annually to:
(1) be briefed by the Director of the Department of Health and Human Services regarding:
(a) the State Medicaid Plan, and amendments to the plan;
(b) the State Medicaid Annual Report;
(c) Medicaid spending projections for three fiscal years;
(d) the program's compliance with state and federal laws, regulations, and other requirements;
(e) other information as requested by the chairman;
(2) review the work of the state Medicaid agency regarding:
(a) cost containment measures;
(b) fiscal and program accountability;
(c) effective coordination of all providers and payers;
(d) performance measurement and reporting; and
(e) detection of fraud and abuse;
(3) make recommendations to the Governor and the General Assembly for improving state Medicaid policy and financing;
(4) introduce legislation to address problems and issues affecting the Medicaid program.
(B) In carrying out its responsibilities under this chapter, the committee may:
(1) receive testimony of any state employee or any other witness who may assist the committee in its duties;
(2) call for assistance in the performance of its duties from any state employee or state agency or any political subdivision of the State;
(3) contract with consultants to assist the committee in accomplishing its duties.
Section 2-64-30. The committee may adopt, by majority vote rules not inconsistent with this chapter that the committee considers proper with respect to matters relating to the discharge of its duties under this section. Professional and clerical services for the committee must be made available from the staffs of the General Assembly, the Budget and Control Board, and the Department of Health and Human Services. The members of the committee may not receive mileage, per diem, subsistence, or any form of compensation for their service on the committee."
SECTION __. Chapter 6, Title 44 of the 1976 Code is amended by adding:
Section 44-6-1310. (A) The Department of Health and Human Services shall convene an interagency team of information technology professionals to develop plans for the efficient and effective use of information technologies by health and human service agencies. Representatives of the following agencies shall participate on the information technology team:
(1) Department of Health and Human Services;
(2) Department of Health and Environmental Control;
(3) Department of Social Services;
(4) Department of Disabilities and Special Needs; and
(5) Vocational Rehabilitation.
(B) The Department of Health and Human Services shall provide leadership to the information technology team in the study of the following information technology issues and opportunities for improvement:
(1) redundant systems and applications;
(2) incompatible computer systems;
(3) multiple forms required of the public to gain access to services;
(4) sharing and integration of information systems;
(5) electronic communications among the agencies and with the public;
(6) employee training and skills for effective use of information technology;
(7) use of technology to support business objectives;
(8) use of information technology to reduce costs;
(9) optimizing the use of revenue for technology enhancements;
(10) public self-service to agency information;
(11) other issues and opportunities for improvement identified by the planning team and the MAP Commission report of 2003.
Section 44-6-1320. Upon consultation with the Office of Information Technology of the State Budget and Control Board, and department the information technology team shall:
(1) develop coordinated strategic plans that;
(a) cover multi-year periods;
(b) integrate planning;
(c) define objectives;
(d) prioritize information resources;
(e) promote the ability of information resources systems to operate with each other; and
(f) achieve economies of scale and related benefits in purchasing information resources for the participating agencies;
(2) recommend information resources management policies, procedures, and technical standards for health and human service agencies."
SECTION __. Article 5, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-625. (A)(1) There is created the Health Care and Human Services Fund into which must be deposited funds as may be provided by law. The fund must be separate and distinct from the general fund and must be used only for the purposes prescribed in this subsection. Earnings on investments from this fund must remain part of the separate fund and must not be deposited in the general fund.
(2) Monies in the fund must be used as follows:
(a) the first forty million dollars of revenue must be used as one time funding for the Department of Social Services for a statewide automated Child Support Enforcement System as mandated by the federal government. These funds must be deposited into the Medicaid Expansion Fund as provided in Section 12-23-840.
(b) the next four million dollars of revenue remaining after the expenditures in subitem (a) is designated for the Department of Health and Environmental Control solely for funding of grants dedicated for community agencies and organizations for 'Healthy People 2010', the promotion of public health, and targeted only toward the following objectives:
(i) increasing the proportion of adults and adolescents participating in exercise;
(ii) reducing the proportion of obese adults;
(iii) reducing cigarette use by adults and adolescents;
(iv) increasing the proportion of adolescents who do not use alcohol or illicit drugs;
(v) reducing the proportion of adults engaging in the 'binging' use of alcoholic beverages;
(vi) reducing motor vehicle fatalities;
(vii) reducing homicides;
(viii) increasing the proportion of young children who receive vaccinations and immunizations;
(ix) increasing the proportion of noninstitutionalized adults, sixty-five years of age and older, who receive vaccinations and immunizations;
(x) increasing the proportion of noninstitutionalized adults, sixty-five years of age and older, who have ever been vaccinated against pneumococcal disease; and
(xi) increasing the number of pregnant women who begin prenatal care in the first trimester of pregnancy.
(c) the next nine million dollars of revenue is designated for the Department of Disabilities and Special Needs;
(d) the next ten million five hundred thousand dollars of revenue is designated for the Department of Mental Health;
(e) the next four million dollars of revenue is designated for the Department of Health and Human Services for implementing the recommendations of the Information Technology Planning Team as contained in Section 44-6-1310 et seq.;
(f) any remaining revenue collected pursuant to this section must be used by the Department of Health and Human Services as the director determines.
(B) Monies must be transferred by the State Treasurer upon written request and justification from an authorized official for the purposes prescribed in subsection (C).
(C) For all purposes of reporting, payment, collection, and enforcement, any surtax that may be imposed by this section is deemed to be imposed pursuant to Section 12-21-620(1)."
SECTION __. Section 44-6-155(A)(2) of the 1976 Code is amended to read:
"(2) collected pursuant to Section Sections 12-21-625 and 2-23-810; and"
SECTION __. Chapter 30, Title 1 of the 1976 Code is amended by adding:
Section 1-30-310. (A) Notwithstanding any other provision of law, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities and the employees, funds, property, and all contractual rights and obligations associated with these agencies, except for those subdivisions or sections of agencies not specifically transferred to another department, are transferred in accordance with the following:
(1)(a) There is established within the Department of Health and Environmental Control the Office of Behavioral Health Services. The office is to be headed by a Deputy Commissioner for Behavioral Health Services. The Commissioner of the Department of Health and Environmental Control is authorized to organize the office and its duties within the department in a manner he determines for the purposes of streamlining and administrative efficiency. This office is responsible for:
(i) policy, development, planning, and other necessary duties to provide for a comprehensive system of behavioral health services for the citizens of the State;
(ii) monitoring, and providing technical assistance and training for all providers of behavioral health services in the State;
(iii) providing for an effective and efficient system of services for the mentally ill, emotionally disturbed children and persons with alcohol and other drug abuse problems;
(iv) providing for streamlined systems of services for citizens that focuses on the clients and patient needs.
(b) The following are transferred to the Office of Behavioral Health Services:
(i) the Department of Alcohol and other Drug Abuse Services, as provided for in Chapter 49, Title 44. Nothing in this subitem may be construed to affect the authority, duties, and responsibilities of the boards for the local commissions on alcohol and other drug abuse services;
(ii) the Continuum of Care for Emotionally Disturbed Children, Office of the Governor;
(iii) the Department of Mental Health, and the South Carolina Mental Health Commission is abolished and its powers, duties, and responsibilities are transferred to the Department of Health and Environmental Control. Nothing in this subitem may be construed to affect the authority, duties, and responsibilities of the boards for the community mental health centers.
SECTION __. Subarticle 11, Article 13, Chapter 7, Title 20 of the 1976 Code, is amended to read:
"Section 20-7-2700. For the purpose of this subarticle:
a. 'Childcare' means the care, supervision, or guidance of a child or children, unaccompanied by the parent, guardian, or custodian, on a regular basis, for periods of less than twenty-four hours per day, but more than four hours, in a place other than the child's or the children's own home or homes.
b. 'Childcare facilities' means a facility which provides care, supervision, or guidance for a minor child who is not related by blood, marriage, or adoption to the owner or operator of the facility whether or not the facility is operated for profit and whether or not the facility makes a charge for services offered by it. This definition includes, but is not limited to, day nurseries, nursery schools, childcare centers, group childcare homes, and family childcare homes. The term does not include:
(1) an educational facility, whether private or public, which operates solely for educational purposes in grade one or above;
(2) five-year-old kindergarten programs;
(3) kindergartens or nursery schools or other daytime programs, with or without stated educational purposes, operating no more than four hours a day and receiving children younger than lawful school age;
(4) facilities operated for more than four hours a day in connection with a shopping center or service or other similar facility, where the same children are cared for less than four hours a day and not on a regular basis as defined in this subarticle while parents or custodians of the children are occupied on the premises or are in the immediate vicinity and immediately available; however, these facilities must meet local fire and sanitation requirements and maintain documentation on these requirements on file at the facility available for public inspection;
(5) school vacation or school holiday day camps for children operating in distinct sessions running less than three weeks per session unless the day camp permits children to enroll in successive sessions so that their total attendance may exceed three weeks;
(6) summer resident camps for children;
(7) bible schools normally conducted during vacation periods;
(8) facilities for the mentally retarded provided for in Chapter 21, Title 44;
(9) facilities for the mentally ill as provided for in Chapter 17, Title 44;
(10) childcare centers and group childcare homes owned and operated by a local church congregation or an established religious denomination or a religious college or university which does not receive state or federal financial assistance for childcare services; however, these facilities must comply with the provisions of Sections 20-7-2900 through 20-7-2975 and that these facilities voluntarily may elect to become licensed according to the process as set forth in Sections 20-7-2700 through 20-7-2780 and Sections 20-7-2980 through 20-7-3090.
c. 'Public childcare facility' means a facility as defined under item b of this section which was created and exists by act of the State, or a county, city or other political subdivision, whose operation remains under the tutelage and control of a governmental agency.
d. 'Private childcare facility' means a facility as defined under item b. of this section which is not a public childcare facility, and which is able to be further classified as follows:
(1) 'Entrepreneurial childcare facility' means a facility whose childcare operator may receive public assistance funds directly or indirectly but which is managed as a profit-making business enterprise and whose corporation or private ownership is liable for payment of federal and state income taxes on profits earned by the facility.
(2) 'Nonprofit childcare facility' means a facility whose childcare operator may receive public assistance funds directly or indirectly but which is operated under the tutelage and control of a nonprofit or eleemosynary corporation, foundation, association, or other organization whose ownership may or may not be liable for payment of federal and state income taxes on profits earned by the facility.
e. 'Childcare center' means any facility which regularly receives thirteen or more children for childcare.
f. 'Group childcare home' means a facility within a residence occupied by the operator which regularly provides childcare for at least seven but not more than twelve children, unattended by a parent or a legal guardian including those children living in the home and children received for childcare who are related to the resident caregiver. However, an occupied residence in which childcare is provided only for a child or children related to the resident caregiver or only for the child or children of one unrelated family or only for a combination of these children is not a group childcare home.
g. 'Family childcare home' means a facility within a residence occupied by the operator in which childcare is regularly provided for no more than six children, unattended by a parent or legal guardian, including those children living in the home and children received for childcare who are related to the resident caregiver. However, an occupied residence in which childcare is provided only for a child or children related to the resident caregiver or only for the child or children of one unrelated family or only for a combination of these children is not a family childcare home.
h. 'Childcare operator' means the person, corporation, partnership, voluntary association, or other public or private organization ultimately responsible for the overall operation of a childcare facility.
i. 'Caregiver' means any person whose duties include direct care, supervision, and guidance of children in a childcare facility.
j. 'Minor child' means a person who has not reached the eighteenth birthday.
k. 'Department' means the State Department of Social Services Health and Environmental Control, the agency designated to administer the regulation of childcare facilities under this subarticle, with the advice of the State Advisory Committee on the Regulation of Childcare Facilities.
l. 'Committee' means the State Advisory Committee on the Regulation of Childcare Facilities, named under this subarticle to advise the department on regulatory matters related to childcare facilities.
m. 'Director' means the administrative head of the department.
n. 'Regularly, or on a regular basis': these terms refer to the frequency with which childcare services are available and provided at a facility in any one week; these terms mean the availability and provision of periods of daycare on more than two days in such week.
o. 'Related' means any of the following relationships by marriage, blood, or adoption: parent, grandparent, brother, sister, stepparent, stepsister, stepbrother, uncle, aunt, cousin of the first degree.
p. 'Regular license' means a license issued by the department for two years to an operator of a private childcare center or group childcare home or a family childcare home which elects to be licensed showing that the licensee is in compliance with the provisions of this subarticle and the regulations of the department at the time of issuance and authorizing the licensee to operate in accordance with the license, this subarticle, and the regulations of the department.
q. 'Provisional license' means a license issued by the department to an operator of a private childcare center or group childcare home or a family childcare home which elects to be licensed authorizing the licensee to begin operations although the licensee temporarily is unable to comply with all of the requirements for a license.
r. 'Regular approval' means a written notice issued by the department for a two-year period to a department, agency, or institution of the State, or a county, city, or other political subdivision, approving the operation of a public childcare center or group childcare home in accordance with the provisions of the notice, this subarticle, and the regulations of the department.
s. 'Provisional approval' means a written notice issued by the department to a department, agency, or institution of the State, or a county, city, or other political subdivision approving the commencement of the operations of a public childcare center or group childcare home although the operator is temporarily unable to comply with all of the requirements for approval.
t. 'Registration' means the process whereby childcare centers and group childcare homes owned and operated by a church or a publicly recognized religious educational or religious charitable institution are regulated under this subarticle and the process whereby all family childcare homes are regulated under this subarticle.
u. 'Declaratory order' means a written statement on the part of the department approving plans for construction or renovation ensuring against the imposition of more stringent regulations at a later date.
v. 'Renewal' means in regard to childcare centers and group childcare homes, to grant an extension of a regular license or regular approval for another two-year period provided an investigation of such facilities verifies that they are in compliance with the applicable regulations, in regard to family childcare homes, to place the name of the operator on the registration list for another year provided procedures indicated in this subarticle have been completed.
w. 'Revocation' means to void the regular license of a childcare center or group childcare home.
x. 'Deficiency correction notice' means a written statement on the part of the department notifying a childcare facility which is not complying with any applicable regulations to correct the deficiencies stated in the notice within a reasonable time limit.
y. 'Complaint' means a written statement reporting unsatisfactory conditions in a childcare facility.
z. 'Curriculum' means and includes design of courses, teaching philosophy, methods, and activities.
aa. 'Summer resident camp for children' means a twenty-hour-hour residential program offered during the summer that provides recreational activities for children.
bb. 'Summer day camp for children' means a program offered during the summer that provides recreational activities primarily during daytime hours throughout the period of the program and may include an occasional overnight activity under the supervision of the operator.
cc. 'Infant' means a child age twelve months or younger for the purposes of this chapter.
Section 20-7-2710. a. The intent of this subarticle is to define the regulatory duties of government necessary to safeguard children in care in places other than their own homes, ensuring for them minimum levels of protection and supervision. Toward that end, it is the purpose of this subarticle to establish statewide minimum regulations for the care and protection of children in childcare facilities, to ensure maintenance of these regulations and to approve administration and enforcement to regulate conditions in such facilities. It is the policy of the State to ensure protection of children under care in childcare facilities, and to encourage the improvement of childcare programs.
b. It is the further intent of this subarticle that the freedom of religion of all citizens is inviolate. Nothing in this subarticle shall give any governmental agency jurisdiction or authority to regulate, supervise, or in any way be involved in any Sunday school, Sabbath school, religious services or any nursery service or other program conducted during religious or church services primarily for the convenience of those attending the services.
c. Nothing in this subarticle shall create authority for the Department of Social Services Health and Environmental Control to influence or regulate the curriculum of childcare facilities.
Section 20-7-2720. No person, corporation, partnership, voluntary association, or other organization may operate a private childcare center or group childcare home unless licensed to do so by the department.
Section 20-7-2725. (A) No childcare center, group childcare home, family childcare home, or church or religious childcare center may employ a person or engage the services of a caregiver who is required to register under the sex offender registry act pursuant to Section 23-3-430 or who has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A), except that this prohibition does not apply to Section 56-5-2930, the Class F felony of driving under the influence pursuant to Section 56-5-2940(4) if the conviction occurred at least ten years prior to the application for employment and the following conditions are met:
(a) the person has not been convicted in this State or any other state of an alcohol or drug violation during the previous ten-year period;
(b) the person has not been convicted of and has no charges pending in this State or any other state for a violation of driving while his license is canceled, suspended, or revoked during the previous ten-year period; and
(c) the person has completed successfully an alcohol or drug assessment and treatment program provided by the South Carolina Department of Alcohol and Other Drug Abuse Services or an equivalent program designated by that agency.
A person who has been convicted of a first-offense violation of Section 56-5-2930 must not drive a motor vehicle or provide transportation while in the official course of his duties as an employee of a childcare center, group childcare home, family childcare home, or church or religious childcare center.
If the person subsequently is convicted of, receives a sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930 or for a violation of another law or ordinance of this State or any other state or of a municipality of this State or any other state that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics, the person's employment must be terminated;
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.
This section does not prohibit employment or provision of caregiver services when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, an operator or the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or otherwise unsuited for employment or to provide caregiver services.
(B) A person who has been convicted of a crime enumerated in subsection (A) who applies for employment with, is employed by, or is a caregiver at a childcare center, group childcare home, family childcare home, or church or religious childcare center is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(C) Application forms for employment at childcare centers, group childcare homes, family childcare homes, or church or religious childcare centers must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of a crime enumerated in subsection (A) who applies for employment with, is employed by, or seeks to provide caregiver services or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(D) To be employed by or to provide caregiver services at a childcare facility licensed, registered, or approved under this subarticle, a person first shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. A person may be provisionally employed or may provisionally provide caregiver services after the favorable completion of the State Law Enforcement Division fingerprint review and until such time as the Federal Bureau of Investigation review is completed if the person affirms in writing on a form provided by the department that he or she has not been convicted of any crime enumerated in this section. The results of the fingerprint reviews are valid and reviews are not required to be repeated as long as the person remains employed by or continues providing caregiver services in a childcare center, group childcare home, family childcare home, or church or religious childcare center; however, if a person is not employed or does not provide caregiver services for one year or longer, the fingerprint reviews must be repeated.
(E) Unless otherwise required by law, this section does not apply to volunteers in a childcare center, group childcare home, family childcare home, or church or religious childcare center. For purposes of this section, 'volunteer' means a person who:
(1) provides services without compensation relating to the operation of a childcare center, group childcare home, family childcare home, or church or religious childcare center; and
(2) is in the presence of an operator, employee, or caregiver when providing direct care to children.
'Volunteer' includes, but is not limited to, parents, grandparents, students, and student teachers.
(F) Unless otherwise required by law, this section applies to:
(1) an employee who provides care to the child or children without the direct personal supervision of a person licensed, registered, or approved under this subarticle; and
(2) any other employee at a facility licensed, registered, or approved under this subarticle who has direct access to a child outside the immediate presence of a person who has undergone the fingerprint review required under this subarticle.
Section 20-7-2730. (A) Application for license must be made on forms supplied by the department and in the manner it prescribes.
(B) Before issuing a license the department shall conduct an investigation of the applicant and the proposed plan of care for children and for operating a private childcare center or group childcare home. If the results of the investigation verify that the provisions of this subarticle and the applicable regulations promulgated by the department are satisfied, a license must be issued. The applicant shall cooperate with the investigation and related inspections by providing access to the physical plant, records, excluding financial records, and staff. Failure to comply with the regulations promulgated by the department within the time period specified in this subarticle, if adequate notification of deficiencies has been made, is a ground for denial of application. The investigation and inspections may involve consideration of any facts, conditions, or circumstances relevant to the operation of the childcare center or group childcare home, including references and other information about the character and quality of the personnel.
(C) Each license must be conditioned by stating clearly the name and address of the licensee, the address of the childcare center or group childcare home, and the number of children who may be served.
(D) Failure of the department, except as provided in Section 20-7-3070, to approve or deny an application within ninety days results in the granting of a provisional license.
(E) No license may be issued to an operator who has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.
This section does not prohibit licensing when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited to be an operator.
(F) Application forms for licenses issued under this section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of a crime enumerated in subsection (E) who applies for a license as an operator is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(G) A person applying for a license as an operator under this section shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection are not required upon each renewal.
(H) A person applying for a license as an operator under this section or seeking employment or seeking to provide caregiver services at a facility licensed under this section shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection are not required upon each renewal unless the renewal coincides with employment of a new operator, employee, or caregiver.
Section 20-7-2735. (A) A caregiver who begins employment in a licensed or approved childcare center in South Carolina after June 30, 1994, must have at least a high school diploma or General Educational Development (GED) and at least six months' experience as a caregiver in a licensed or approved childcare facility. If a caregiver does not meet the experience requirements, the caregiver must be directly supervised for six months by a staff person with at least one year experience as a caregiver in a licensed or approved childcare facility. Within six months of being employed, a caregiver must have six clock hours of training in child growth and development and early childhood education or shall continue to be under the direct supervision of a caregiver who has at least one year of experience as a caregiver in a licensed or approved childcare facility.
(B) A caregiver who has two years' experience as a caregiver in a licensed or approved facility and is employed as of July 1, 1994, in a licensed or approved childcare center in South Carolina is exempt from the high school diploma and General Educational Development (GED) requirements of subsection (A).
Section 20-7-3740. (A) Regular licenses may be renewed upon application and approval. Notification of a childcare center or group childcare home regarding renewal is the responsibility of the department.
(B) Application for renewal must be made on forms supplied by the department in the manner it prescribes.
(C) Before renewing a license the department shall conduct an investigation of the childcare center or group childcare home. If the results of the investigation verify that the provisions of this subarticle and the applicable regulations promulgated by the department are satisfied, the license must be renewed. The licensee shall cooperate with the investigation and related inspections by providing access to the physical plant, records, and staff. Failure to comply with the regulations promulgated by the department within the time period specified in this subarticle, if adequate notification of deficiencies has been made, is a ground for revocation of the license. The investigation and inspections may involve consideration of any facts, conditions, or circumstances relevant to the operation of the childcare center or group childcare home.
(D) No license may be renewed for any operator who has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.
This section does not prohibit renewal when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited to be an operator.
(E) Application forms for license renewals issued under this section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of a crime enumerated in subsection (D) who applies for a license renewal as operator is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(F) A licensee seeking license renewal under this section, its employees, and its caregivers, who have not done so previously, on the first renewal after June 30, 1995, shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history.
(G) No facility may employ or engage the services of an employee or caregiver who has been convicted of one of the crimes listed in this section.
Section 20-7-2750. Whenever the department finds upon inspection that a private childcare center or group childcare home is not complying with any applicable licensing regulations, the department shall notify the operator to correct these deficiencies.
a. Every correction notice must be in writing and must include a statement of the deficiencies found, the period within which the deficiencies must be corrected and the provision of the subarticle and regulations relied upon. The period must be reasonable and, except when the department finds an emergency dangerous to the health or safety of children, not less than thirty days from the receipt of the notice.
b. Within two weeks of receipt of the notice, the operator of the facility may file a written request with the department for administrative reconsideration of the notice or any portion of the notice.
c. The department shall grant or deny a written request within seven days of filing and shall notify the operator of the grant or denial.
d. In the event that the operator of the facility fails to correct deficiencies within the period prescribed, the department may revoke the license.
Section 20-7-2760. a. An applicant who has been denied a license by the department must be given prompt written notice by certified or registered mail. The notice shall indicate the reasons for the proposed action and shall inform the applicant of the right to appeal the decision to the director in writing within thirty days after the receipt of notice of denial. An appeal from the final decision of the director may be taken to an administrative law judge pursuant to the Administrative Procedures Act.
b. A licensee whose application for renewal is denied or whose license is about to be revoked must be given written notice by certified or registered mail. The notice must contain the reasons for the proposed action and shall inform the licensee of the right to appeal the decision to the director or his designee in writing within thirty calendar days after the receipt of the notice. An appeal from the final decision of the director may be taken to an administrative law judge pursuant to the Administrative Procedures Act.
c. At the hearing provided for in this section, the applicant or licensee may be represented by counsel and has the right to call, examine, and cross-examine witnesses and to otherwise introduce evidence. Parents appearing at the hearing may also be represented by counsel. The hearing examiner is empowered to require the presence of witnesses and evidence by subpoena on behalf of the appellant or department. The final decision of the department must be in writing, must contain the department's findings of fact and rulings of law, and must be mailed to the parties to the proceedings by certified or registered mail to their last known addresses as may be shown in the application, or otherwise. A full and complete record must be kept of all proceedings, and all testimony must be reported but need not be transcribed unless the department's decision is appealed, or a transcript is requested by an interested party. Upon an appeal, the department shall furnish to any appellant, free of charges, a certified copy of the transcript of all evidentiary proceedings before it. Other parties shall pay the cost of transcripts prepared at their request.
d. The decision of the department is final unless appealed by a party to an administrative law judge pursuant to the Administrative Procedures Act.
Section 20-7-2770. Every childcare center or group childcare home shall maintain a register setting forth essential facts concerning each child enrolled under the age of eighteen years.
Section 20-7-2780. a. Each childcare center or group childcare home shall maintain its current license displayed in a prominent place at all times and must state its license number in all advertisements of the childcare center or group daycare home.
b. No license may be transferred nor shall the location of any childcare center or group childcare home or place of performance of service be changed without the written consent of the department. The department shall consent to the change for a reasonable period of time when emergency conditions require it, so long as the new location or place of performance substantially conforms to state fire and health requirements.
c. Upon occurrence of death of a child on the premises of a childcare center or group childcare home in which the child is enrolled or while under the constructive control of the holder of the license of the facility, it is the responsibility of the holder of the license to notify the department within forty-eight hours and follow up with a written report as soon as the stated cause of death is certified by the appropriate government official.
Section 20-7-2790. Every operator or potential operator of a public childcare center or group childcare home must apply to the department for an investigation and a statement of standard conformity or approval, except those facilities designated in Section 20-7-2700.
Section 20-7-2800. (A) Application for a statement of standard conformity or approval must be made on forms supplied by the department and in the manner it prescribes.
(B) Before issuing approval the department shall conduct an investigation of the applicant and the proposed plan of care for children and for operating a public childcare center or group childcare home. If the results of the investigation verify that the provisions of the subarticle and the applicable regulations promulgated by the department are satisfied, approval must be issued. The applicant shall cooperate with the investigation and inspections by providing access to the physical plant, records, and staff. The investigation and related inspections may involve consideration of any facts, conditions, or circumstances relevant to the operation of the childcare center or group childcare home, including references and other information about the character and quality of the personnel. If the childcare center or group childcare home fails to comply with the regulations promulgated by the department within the time period specified in this subarticle, if adequate notification regarding deficiencies has been given, the appropriate public officials of the state and local government must be notified.
(C) A person applying for approval under this section shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection are not required upon each renewal.
(D) No approval may be granted under this section if the person applying for approval or the operator, an employee, or a caregiver of the facility has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes in this subsection committed in other jurisdictions or under federal law.
This section does not prohibit approval when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited as an applicant or to be an operator, caregiver, or employee.
(E) Application forms for a statement of standard conformity or approval issued under this section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of a crime enumerated in subsection (D) who applies for approval is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(F) Application forms for a statement of standard conformity or approval issued under this chapter by the department and application forms for employment at individual public childcare centers or group childcare homes must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
Section 20-7-2810. (A) Regular approvals may be renewed upon application and approval. Notification of a childcare center or group childcare home regarding renewal is the responsibility of the department.
(B) Application for renewal must be made on forms supplied by the department and in the manner it prescribes.
(C) Before renewing an approval the department shall conduct an investigation of the childcare center or group childcare home. If the results of the investigation verify that the provisions of this subarticle and the applicable regulations promulgated by the department are satisfied, the approval must be renewed. The operator shall cooperate with the investigation and related inspections by providing access to the physical plant, records, and staff. If the operator's statement of approval cannot be renewed, the appropriate public officials must be notified.
(D) A person applying for approval renewal under this section, a person who will operate the facility, and its employees and caregivers, who have not done so previously, on the first approval renewal after June 30, 1995, shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history.
No approval may be renewed under this section if the person applying for renewal, the operator of the facility, or an employee or a caregiver has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.
This section does not prohibit renewal when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited as an applicant or to be an operator, caregiver, or employee.
(E) Application forms for renewal of a statement of standard conformity or approval issued under this section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of a crime enumerated in subsection (D) who applies for approval renewal is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(F) No facility may employ or engage the services of an employee or a caregiver who has been convicted of one of the crimes listed in this section.
(G) Application forms for renewal of a statement of standard conformity or approval issued under this chapter by the department for individual public childcare centers or group childcare homes must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
Section 20-7-2820. Whenever the department finds upon inspection that a public childcare center or group childcare home is not complying with any applicable regulations, the department may notify the operator to correct the deficiencies.
a. Every correction notice must be in writing and shall include a statement of the deficiencies found, the period within which the deficiencies must be corrected and the provision of the subarticle and regulations relied upon. The period must be reasonable and, except when the department finds an emergency dangerous to the health or safety of children, not less than thirty days from the receipt of the notice.
b. Within two weeks of receipt of the notice, the operator of the public childcare center or group childcare home may file a written request with the department for administrative reconsideration of the notice or any portion of the notice.
c. The department shall grant or deny a written request within seven days of filing and shall notify the operator of the childcare center or group childcare home of the grant or denial.
d. In the event that the operator fails to correct any deficiency within the period prescribed for correction, the department shall notify the appropriate public officials.
Section 20-7-2830. a. An applicant or operator who has been denied approval or renewal of approval by the department must be given prompt written notice of the denial, which shall include a statement of the reasons for the denial. The notice must also inform the applicant or operator that it may, within thirty days after the receipt of the notice of denial, appeal the denial by making a written request to the director or his designee for an opportunity to show cause why its application should not be denied.
b. Upon receiving a written petition, the director or his designee shall give the applicant or operator reasonable notice and an opportunity for a prompt, informal meeting with the director or his designee with respect to the action by the department, and an opportunity to submit written material. On the basis of the available evidence, including information obtained at the informal meeting and from the written material, the director or his designee shall decide whether the application must be granted for approval, provisional approval, or denied. The decision of the director or his designee must be in writing, must contain findings of fact and must be mailed to the parties to the proceedings by certified or registered mail. Notification of the decision must be sent to the Governor and appropriate officials of the state or local government.
Section 20-7-2840. (A) As used in this subarticle, 'family childcare home' means a facility within a residence occupied by the operator in which childcare regularly is provided for no more than six children, unattended by a parent or legal guardian, including those children living in the home and the children received for childcare who are related to the resident caregiver. However, an occupied residence in which childcare is provided only for a child or children related to the resident caregiver or only for the child or children of one unrelated family, or only for a combination of these children, is not a family childcare home.
(B) An operator of a family childcare home shall register with the department within six months of June 13, 1977.
(C) A family childcare home which elects to participate in a federal program which requires licensing as a prerequisite to participation may elect to be licensed under the procedures in Section 20-7-2850. A family childcare home electing licensing shall demonstrate compliance with the suggested standards developed by the department under Section 20-7-2980 and shall comply with provisions of Sections 20-7-2730 and 20-7-2740 relating to criminal history conviction records checks upon original licensing and upon renewal. Operators and caregivers of licensed family childcare homes are held to the standards in Sections 20-7-2730 and 20-7-2740 regarding criminal convictions.
Section 20-7-2850. (A) Registration must be completed on forms supplied by the department and in the manner it prescribes.
(B) Before becoming a registered operator the applicant shall:
(1) sign a statement that he has read the suggested standards developed by the department under Section 20-7-2980;
(2) furnish the department with a signed statement by each consumer parent verifying that the operator has provided each consumer parent with a copy of the suggested standards for family childcare homes and the procedures for filing complaints;
(3) upon request, provide the department with any facts, conditions, or circumstances relevant to the operation of the family childcare home, including references and other information regarding the character of the family childcare home operator.
(C) A person applying to become a registered operator of a family childcare home under this section and a person fifteen years of age or older living in the family childcare home shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection are not required upon each renewal.
(D) No applicant may be registered as an operator if the person, an employee, a caregiver, or a person fifteen years of age or older living in the family childcare home has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.
This section does not operate to prohibit registration or renewal when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited to be an operator, caregiver, employee, or to be living in the family daycare home.
(E) Application forms for registration issued under this section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of a crime enumerated in subsection (D) who applies for registration as operator or a person who applies for registration as an operator who has a person fifteen years of age or older living in the family childcare home who has been convicted of a crime enumerated in subsection (D) is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(F) Application forms for registration issued under this chapter by the department and application forms for employment at a family childcare home must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
Section 20-7-2860. (A) A statement of registration must be issued when the family childcare operator satisfactorily completes the procedures prescribed by this subarticle. The current statement must be displayed in a prominent place in the facility at all times and the registration number must be stated in all advertisements of the family childcare home.
(B) Registration expires at the end of one year from the date of issuance of the statement of registration. Registration may be renewed according to the procedures developed by the department.
(C) A person applying for renewal of registration as an operator of a family childcare home registered under this chapter and a person employed or providing caregiver services at a family childcare home registered under this chapter, who has not done so previously, on the first renewal after June 30, 1996, shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history.
Application forms for registration renewal issued under this section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of a crime enumerated in Section 20-7-2850(D) who applies for registration as an operator or a person who applies for registration as an operator who has a person fifteen years of age or older living in the home who has been convicted of a crime enumerated in Section 20-7-2850(D) is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(D) Application forms for registration renewal issued under this chapter by the department for a family childcare home must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(E) The department may withdraw the statement of registration if one or more of the following apply:
(1) The health and safety of the children require withdrawal.
(2) The facility has enrolled children beyond the limits defined in this subarticle.
(3) The operator fails to comply with the registration procedures provided in this subarticle.
Section 20-7-2870. The department shall visit the facility when concerns are expressed by the community regarding the health and safety of the children, child abuse, or enrollment beyond the limits set forth in this subarticle.
a. If the concern is in regard to the health and safety of the children, the department may call on other appropriate agencies (i.e., State Department of Health and Environmental Control, Office of the State Fire Marshal) as necessary to conduct an inspection.
b. If the concern indicates that the child has been abused, the department shall carry out its responsibility as authorized under Article 7 of this chapter.
c. If the visits and inspections verify conditions detrimental to the health and safety of the children or overenrollment, the department shall carry out its responsibility as authorized by Section 20-7-2860(C) and Section 20-7-3010.
Section 20-7-2880. (a) A registrant whose statement of registration has been withdrawn by the department must be given written notice by certified or registered mail. The notice must contain the reasons for the proposed action and must inform the registrant of the right to appeal the decision to the director or his designee in writing within thirty calendar days after the receipt of the notice. Upon receiving a written appeal the director or his designee shall give the registrant reasonable notice and an opportunity for a prompt hearing before the director or his designee. On the basis of the evidence adduced at the hearing, the director or his designee shall make the final decision of the department as to whether the statement of registration must be withdrawn. If no written appeal is made, the statement of registration must be withdrawn as of the termination of the thirty-day period.
(b) At the hearing provided for in this section, the registrant may be represented by counsel, and has the right to call, examine, and cross-examine witnesses, and to otherwise introduce evidence. Parents appearing at the hearing may also be represented by counsel. The director is empowered to require the presence of witnesses and evidence by subpoena on behalf of the appellant or department. The final decision of the department must be in writing, must contain the department's findings of fact and rulings of law and must be mailed to the parties to the proceedings by certified or registered mail. A full and complete record must be kept of all proceedings, and all testimony must be reported and need not be transcribed unless the decision is appealed, or a transcript is requested by an interested party. Upon an appeal, the department shall furnish to any appellate, free of charge, a certified copy of the transcript of all evidentiary proceedings before it. Other parties shall pay the cost of transcripts.
(c) The decision of the department is final unless appealed by a party pursuant to the Administrative Procedures Act.
Section 20-7-2890. The department shall offer consultation through employed staff or other qualified persons to assist a potential applicant, an applicant or registered operator in meeting and maintaining the suggested standards for family childcare homes.
Section 20-7-2900. (A) No church congregation or established religious denomination or religious college or university which does not receive state or federal financial assistance for childcare services may operate a childcare center or group childcare home unless it complies with the requirements for registration and inspection and the regulations for health and fire safety as set forth in Sections 20-7-2910 through 20-7-2975 and requirements applicable to private and public childcare centers and group childcare homes for floor space, child-staff ratios, and staff training. Application for registration must be made on forms supplied by the department and in the manner it prescribes. Registration expires two years from the date of issuance of the statement of registration. Registration may be renewed according to the procedures developed by the department.
(B) Before issuing a registration, the department shall conduct an investigation of the applicant. This investigation is limited to:
(1) the results of the criminal history review required by subsection (G);
(2) the requirements for registration and inspection and the regulations for health and fire safety provided for in Sections 20-7-2910 through 20-7-2975; and
(3) requirements applicable to private and public childcare centers and group childcare homes for floor space, child-staff ratios, and staff training.
(C) No license or registration may be issued to a church congregation, established religious denomination, or religious college or university if a person who provides service as an operator, caregiver, or employee at the childcare facility has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.
This section does not prohibit licensing, registration, or the renewal of a license or registration when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited to be an operator, caregiver, or employee.
(D) Application forms for licensure or registration issued under this subarticle must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of a crime enumerated in this section who applies for a license or registration as operator is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(E) A person applying for a license or registration as an operator of a church or religious childcare center shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection are not required upon each renewal.
(F) Application forms for licensure or registration issued under this chapter by the department and application forms for employment at a facility operated by a church congregation, established religious denomination, or religious college or university must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(G) A person applying for a license or registration as an operator of a church or religious childcare center or seeking employment or seeking to provide caregiver services at a church or religious childcare center shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection are not required upon each renewal unless the renewal coincides with employment of a new operator, employee, or caregiver.
(H) A person applying for renewal of a license or registration as an operator of a church or religious childcare center licensed or registered under this chapter and a person employed or registered under this chapter, who has not done so previously, on the first renewal after June 30, 1996, shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history.
Section 20-7-2902. Notwithstanding the staff training requirements of Section 20-7-2900(A) and (B)(3), the department may not prescribe the curriculum for staff training, other than curriculum addressing administration, child growth and development, and health and safety, for a church congregation, established religious denomination, or religious college or university, childcare center or group childcare home. Additionally, the department may not prescribe the content of curriculum activities for children provided by these childcare centers or group childcare homes.
Section 20-7-2905. For conducting a state criminal history review as required by this subarticle, the State Law Enforcement Division may not impose a fee greater than the fee imposed by the Federal Bureau of Investigation for conducting such a review.
Section 20-7-2910. The childcare operator shall submit a formal request for inspection of the childcare facility to the department. The department shall request the appropriate state health and fire safety agencies to conduct an inspection of the facility before renewal of the registration and more often if necessary to ensure compliance with health and fire safety regulations. The department shall register the childcare facility upon notification from health and fire safety agencies that the childcare facility is in compliance with these regulations and the requirements of Section 20-7-2900.
The applicable regulations must be the same health and fire safety regulations applied to other facilities regulated under this subarticle.
Section 20-7-2915. A statement of registration must be issued when the church or religious childcare operator or group childcare home operator satisfactorily completes the procedures prescribed by this subarticle. An application for a statement of registration must include the name and address of the director, the address of the facility, and the number of children who may be served. Failure of the department to approve or deny an application within ninety days results in the granting of a provisional registration. The current statement of registration must be displayed in a prominent place in the facility at all times, and the registration number must be stated in all advertisements of the church or religious childcare center or group childcare home.
Section 20-7-2920. The department may seek an injunction against the continuing operation of a childcare center or group childcare home in the family court having jurisdiction over the county in which the facility is located when the facility is considered to be out of compliance with the provisions of Sections 20-7-2900 and 20-7-2910.
Section 20-7-2930. Whenever the health or fire safety agency finds upon inspection that a childcare center or group childcare home is not complying with the applicable regulations, the appropriate agency shall notify the department. The department shall then request the operator to correct such deficiencies.
a. Every correction notice must be in writing and must include a statement of the deficiencies found, the period within which the deficiencies must be corrected and the provision of the subarticle and regulations relied upon. The period must be reasonable and, except when the appropriate agency finds an emergency dangerous to the health or safety of children, not less than thirty days from the receipt of the notices.
b. Within two weeks of receipt of the notice, the operator of the facility may file a written request with the department for administrative reconsideration of the notice or any portion of the notice.
c. The department shall grant or deny a written request and shall notify the operator of action taken.
d. In the event that the operator of the facility fails to correct deficiencies within the period prescribed, the department may suspend the registration of the facility to be effective thirty days after date of notice. An appeal may be taken pursuant to the Administrative Procedures Act.
Section 20-7-2940. a. When the registration of a facility has been suspended, the operator must be given prompt written notice. The notice must indicate the reasons for the suspension and inform the operator of the right to appeal the decision through administrative channels to the department and according to established appeals procedure for the department.
b. Upon appeal, the decision of the department is final unless appealed by a party pursuant to the Administrative Procedures Act.
Section 20-7-2970. An operator violating the provisions of Sections 20-7-2910 through 20-7-2970 is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding one thousand five hundred dollars or imprisonment not exceeding six months, or both.
Section 20-7-2975. During the hours of operation all childcare facilities, except registered family childcare homes, must have on the premises at least one caregiver with a current certificate for the provision of basic first aid and child-infant cardiopulmonary resuscitation.
Section 20-7-2980. a. The department shall with the advice and consent of the Advisory Committee develop and promulgate regulations depending upon the nature of services to be provided for the operation and maintenance of childcare centers and group childcare homes. The department with the advice of the Advisory Committee shall develop suggested standards which shall serve as guidelines for the operators of family childcare homes and the parents of children who use the service. In developing these regulations and suggested standards, the department shall consult with:
(1) Other state agencies, including the State Department of Health and Environmental Control, the Office of the State Fire Marshal, and the Office of the Attorney General.
(2) Parents, guardians, or custodians of children using the service.
(3) Child advocacy groups.
(4) The State Advisory Committee on the Regulation of Childcare Facilities established by this subarticle.
(5) Operators of childcare facilities from all sectors.
(6) Professionals in fields relevant to childcare and development.
(7) Employers of parents, guardians, or custodians of children using the service.
Draft formulations must be widely circulated for criticism and comment.
b. The regulations for operating and maintaining childcare centers and group childcare homes and the suggested standards for family childcare homes must be designed to promote the health, safety, and welfare of the children who are to be served by assuring safe and adequate physical surroundings and healthful food; by assuring supervision and care of the children by capable, qualified personnel of sufficient number. The regulations with respect to licensing and approval, and the suggested standards with respect to registration of family childcare homes must be designed to promote the proper and efficient processing of matters within the cognizance of the department and to assure applicants, licensees, approved operators, and registrants fair and expeditious treatment under the law.
c. The department shall conduct a comprehensive review of its licensing and approval regulations and family childcare home suggested standards at least once each three years.
d. No regulations for childcare facilities may exceed policies or minimum standards set for public childcare facilities regulated under this subarticle.
e. The department shall submit final drafts of its regulations to the Legislative Council as proposed regulations, and the Administrative Procedures Act Sections 1-23-10 et seq., governs their promulgation.
f. The department shall establish a procedure for its representatives to follow in receiving and recording complaints. Standard forms may be produced and made available to parents and users of facilities upon request to the department. A copy of any complaint must be made available to the involved operator immediately upon his request.
Section 20-7-2990. a. In exercising the powers of licensing, approving, renewing, revoking, or making provisional licenses and approvals, the department shall investigate and inspect licensees and approved operators and applicants for a license or an approval. The authorized representative of the department may visit a childcare center or group childcare home anytime during the hours of operation for purposes of investigations and inspections. In conducting investigations and inspections, the department may call on political subdivisions and governmental agencies for appropriate assistance within their authorized fields. The inspection of the health and fire safety of childcare centers and group childcare homes must be completed upon the request of the department by the appropriate agencies (i.e., Department of Health and Environmental Control, the Office of the State Fire Marshal, or local authorities). Inspection reports completed by state agencies and local authorities must be furnished to the department and become a part of its determination of conformity for licensing and approval. After careful consideration of the reports and consultation where necessary, the department shall assume responsibility for the final determination of licensing, approving, renewing, revoking, or making provisional licenses and approvals.
b. Before issuing a license or approval the department shall conduct an investigation of the applicant and the proposed plan of care for children and for operating a childcare center or a group childcare home. If the results of the investigation satisfy the department that the provisions of this subarticle and the applicable regulations promulgated by the department are satisfied, a license or approval must be issued.
Section 20-7-3000. The department shall offer consultation through employed staff or other qualified person to assist applicants and operators in meeting and maintaining regulations.
Section 20-7-3005. At the time of initial licensing, approval, or registration a childcare facility must provide proof of conformity or authorized nonconformity with county or municipal zoning ordinances or resolutions. The department may impose conditions on the license, approval, or registration consistent with restrictions imposed by zoning authorities.
Section 20-7-3010. The department is empowered to seek an injunction against the continuing operation of a childcare facility in the family court having jurisdiction over the county in which the facility is located:
(1) when a facility is operating without a license or statement of registration;
(2) when there is any violation of this subarticle or of the regulations promulgated by the department which threatens serious harm to children in the childcare facility;
(3) when an operator has repeatedly violated this subarticle or the regulations of the department.
Section 20-7-3020. a. The department has power to issue a provisional registration, provisional license, or provisional approval only when the department is satisfied that (1) the regulations can and will be met within a reasonable time, and (2) the deviations do not seriously threaten the health or safety of the children. A provisional registration, provisional license, or provisional approval, may be extended for a period as may be determined by the department.
b. Except as noted in subsection c. of this section, no provisional license or provisional approval may be issued effective for any longer than one year.
c. Any facility granted a license or exempt from obtaining a license under the act previously in effect in this State and which does not qualify for a regular license under this subarticle must be granted a provisional license in accord with subsection a. of this section. The provisional license may be issued without regard to the time limit of subsection b. of this section. No provisional license issued under subsection c. is effective, either by its initial issue or by renewal, for a period greater than three years.
Section 20-7-3030. Upon request of an applicant or operator, the department shall offer consultation to address any aspect of compliance with this subarticle or the regulations promulgated under this subarticle. Consultation includes, but is not limited to, review and comment on drawings and specifications related to construction and renovations proposed by a facility.
Section 20-7-3040. a. A State Advisory Committee on the Regulation of Childcare Facilities is established. It consists of seventeen members appointed by the Governor, in accordance with the following:
(1) Five of the members appointed must be parents of children who are receiving childcare services at the time of appointment, with no less than three representing the entrepreneurial facilities.
(2) Eight of the members appointed must be representative of owners and operators of childcare facilities, one of which must be an operator of a childcare home. No less than five other appointees must be operators of facilities subject to regulation who are actively engaged in the operation for profit.
(3) One member appointed shall represent the educational community of the State.
Nominees for membership on the advisory committee pursuant to items (1), (2), and (3) must be made from lists furnished the Governor by South Carolina organizations representing the various types of childcare facilities defined in this subarticle.
(4) One member appointed shall represent the business community of the State. Nominees for membership pursuant to this item must be made from lists furnished the Governor by the South Carolina Chamber of Commerce.
(5) Two members appointed shall represent church-operated childcare centers, one of whom must be an operator of a church childcare center and one of whom must be a parent of a child who is receiving childcare services in a church-operated childcare center at the time of appointment.
b. Members shall serve for terms of three years and until their successors are appointed and qualify, except that of those initially appointed five shall serve for one year, five for two years, and five for three years. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term only. Reappointment to serve a full term may ensue at the discretion of the Governor, however, no member may be permitted to succeed himself after serving a full term.
c. The chairman of the committee must be designated by the Governor from among the appointees selected pursuant to the provisions of items (1) and (2) of subsection a. of this section.
Section 20-7-3050. The State Advisory Committee on the Regulation of Childcare Facilities shall:
a. Review changes in the regulations and suggested standards proposed by the director or his designee and make recommendations on these changes to the director or his designee. The committee shall evaluate the regulations and suggested standards at the three-year review period (subsection c. of Section 20-7-2980) and recommend necessary changes. No regulation may be promulgated if the standard has been disapproved by a simple majority of the committee.
b. Advise the department regarding the improvement of the regulation of childcare facilities.
c. Advise the department on matters of regulatory policy, planning, and priorities.
d. As it considers necessary, hold a public hearing at least thirty days before adoption of the regulations.
e. Plan with the department for the procedures to be used in notifying licensees, approved operators, and registrants regarding regulatory changes sixty days before intended promulgation.
f. Maintain through the department the essential liaison with other departments and agencies of state and local government so as to preclude imposition of duplicate requirements upon operators subject to regulations under this subarticle.
g. Act to move the adoption of its recommendations and other pertinent disposition of matters before it by decision of a simple majority of those members present and voting, provided there is a quorum of eight members.
Section 20-7-3055. The provisions of Sections 20-7-2980 and 20-7-3050(a) concerning the review authority and the promulgation of regulations and standards upon the advice and consent of the State Advisory Committee on the Regulation of Childcare Facilities are waived. However, nothing in this section affects the regulation of childcare facilities which choose not to receive federal funding.
Section 20-7-3060. The department shall provide reasonable secretarial and administrative support to the advisory committee.
Section 20-7-3070. In order to provide for the gradual implementation of the licensing, approval, and registration programs, each childcare facility not licensed under the act previously in effect in this State must apply to the department for licensing, approval, or statement of registration within six months of June 13, 1977. The department shall have one year from June 13, 1977 to take action to issue or deny license or approval of childcare centers and group childcare homes or issue a statement of registration to family childcare homes.
Section 20-7-3080. The Department of Social Services Health and Environmental Control in conjunction with existing training regulations shall make available to childcare owners and operators staff training on domestic violence including, but not limited to:
(1) the nature, extent, and causes of domestic and family violence;
(2) issues of domestic and family violence concerning children;
(3) prevention of the use of violence by children;
(4) sensitivity to gender bias and cultural, racial, and sexual issues;
(5) the lethality of domestic and family violence;
(6) legal issues relating to domestic violence and child custody.
Section 20-7-3090. A person violating the provisions of this subarticle is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding one thousand five hundred dollars or imprisonment not exceeding six months, or both.
Section 20-7-3092. The fingerprint reviews required by this subarticle are not required of a certified education personnel who has undergone a fingerprint review pursuant to Section 59-26-40 or of a person licensed as a foster parent who has undergone a state and federal fingerprint review pursuant to Section 20-7-1640, and the results of these reviews have been submitted to the department and the person has remained employed since the review in certified education or licensed as a foster parent or the reviews have been conducted within the preceding year.
Section 20-7-3095. It is a separate criminal offense, and a felony, for a person to unlawfully commit any of the offenses listed in Chapter 3 of Title 16, Offenses Against the Person, a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency, or the crime of contributing to the delinquency of a minor contained in Section 16-17-490 while within a radius of one hundred yards of the grounds of a public or private childcare facility. A person who commits this offense must, upon conviction, be punished by a fine not to exceed ten thousand dollars or imprisonment not to exceed ten years or both, in addition to any other penalty imposed by law and not in lieu of any other penalty.
Section 20-7-3097. (A) Before the Department of Social Services Health and Environmental Control employs a person in its childcare licensing or child protective services divisions, the person shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. No person may be employed in these divisions if the person has been convicted of or pled guilty or nolo contendere to any crime listed in Section 20-7-2725(A).
This section does not prohibit employment when a conviction or plea of guilty or nolo contendere for one of the crimes listed has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or otherwise unsuited for employment.
(B) Notwithstanding subsection (A) or any other provision of law, a person may be provisionally employed in the childcare licensing or child protective services divisions upon receipt and review of the results of the State Law Enforcement Division fingerprint review if the results show no convictions of the crimes referenced in subsection (A). Pending receipt of the results of the Federal Bureau of Investigation fingerprint review, the department must obtain from the prospective employee a written affirmation on a form provided by the department that the employee has not been convicted of any crime referenced in subsection (A).
(C) A person who has been convicted of a crime referenced in subsection (A) who applies for employment with the childcare licensing or child protective services divisions is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
Section 20-7-3098. At any time the department cites a childcare center, group childcare home, or family childcare home for a violation of this chapter or regulations promulgated pursuant to this chapter, the department shall provide the owner and operator of the center with a brochure stating, in language easily understood, the rights and procedures available to the owner or operator for a hearing in accordance with the department's fair hearing regulations and the rights and procedures available to appeal a decision rendered under the department's fair hearing process."
SECTION __. Chapter 30, Title 1 of the 1976 Code is amended by adding:
"Section 1-30-350. (A) It is the intent of the General Assembly in reorganizing and consolidating state agencies to streamline government and achieve administrative cost savings by combining administrative functions. In organizing a department, the director shall must place high priority on:
(a) managerial leadership;
(b) clear lines of authority;
(c) customer service;
(d) performance standards; and
(e) staff training.
(B) It is also the intent of the General Assembly in reorganizing state agencies that:
(1) minimal disruption of services to the public occurs;
(2) duplication of operations be eliminated;
(3) similar services and programs be consolidated;
(4) cost efficiency will be achieved;
(5) program application and eligibility determination processes will be simplified and integrated to the fullest extent possible;
(6) funds are put to maximum use for direct service delivery."
SECTION __. (A) The Executive Director of the State Budget and Control Board shall:
(1) assist in the implementation of this part and with the transfer and reorganization of the entities affected by this part and their personnel, funds, property and all other matters of transfer, including the impact of this reorganization on all general funds, federal funds, and other sources of funds of the entities affected by the reorganization;
(2) provide for the orderly transfer of appropriated funds for the entities affected by this reorganization consistent with the provisions of this part.
(B) The Commissioner of the Department of Health and Environmental Control may:
(1) locate all or a portion of the agency's employees and programs in the same building as another office or at a location near or adjacent to the location of another health and human services office; and,
(2) consolidate agency support services, including clerical and administrative support services and information resources support services, with support services provided to or by another health and human services office."
SECTION __. Chapter 25, Title 43 of the 1976 Code is amended to read:
Section 43-25-10. (A) There is hereby created the South Carolina Commission Division of Services for the Blind within the South Carolina State Agency of Vocational Rehabilitation. The Commission shall consist of seven members, one from each of the six Congressional Districts and one from the State at large, of whom three shall have a visual acuity not to exceed 20/200 . The Governor shall, with the advice and consent of the Senate, appoint the members of the Commission for terms of four years and until their successors are appointed and qualify. All vacancies shall be filled in the manner of the original appointment for the unexpired portion of the term only. The members of the Commission shall elect one of its members as chairman for a term of two years or until his successor has been elected. The chairman shall preside at the regular meetings of the Commission to be held at least once each month. The chairman may call a meeting when he deems it necessary to be held at a time to be determined by the Commission. The Commission shall appoint a commissioner and such other officers as it deems necessary, none of whom shall be a member of the Commission, and shall fix the compensation and prescribe the duties of such appointees. The members of the Commission shall receive no salary but shall be allowed the usual mileage, subsistence and per diem as authorized by law for commissions, committees and boards.
(B) The South Carolina Commission for the Blind is abolished and all powers, duties, and responsibilities of the commission, not otherwise reserved for the Division of Services for the Blind, are transferred to and devolved upon the South Carolina State Agency of Vocational Rehabilitation.
(C) The Director of the State Agency for Vocation Rehabilitation shall:
(1) carry out the administrative responsibilities of this chapter, including appointing the Director of the Division of Services for the Blind who shall oversee the daily operations of the division;
(2) upon consultation with the Division of Services for the Blind, promulgate regulations necessary to carry out the provisions of this chapter;
(3) apply for, receive, and disburse funds from all governmental agencies, both state and federal, on behalf of the division; and accept gifts, grants, donations, devises, and bequests made for providing aid to the visually handicapped, including expenses of administration.
Section 43-25-30. (A) The Commission Division of Services for the Blind shall:
(1) Promulgate rules and regulations as may be necessary to carry out the provisions of this chapter.
(2) Apply for, receive and expend moneys from all governmental agencies, both State and Federal; and accept gifts, grants, donations, devises and bequests made for providing aid to the visually handicapped, including expenses of administration. All such funds shall be paid into the State Treasury.
(3) submit to the Governor and publish an annual report showing the total amount of money disbursed, the total number of blind and visually handicapped persons who received services, and such other information as may be deemed advisable.;
(4)(2) maintain a complete register of persons whose vision, with correcting lenses, does not exceed 20/200 which shall also must include the conditions, cause of loss of sight, capacity for educational and industrial training of each, and other pertinent facts.;
(5)(3) maintain bureaus of information and industrial aid to assist the visually handicapped in finding employment and to teach them industries which may be followed in their homes, and to assist them in whatever manner may seem advisable to the Commission division in disposing of the products of their home industry.;
(6)(4) make inquiries concerning the cause of loss of sight, learn what proportion of these cases are preventable and inaugurate and cooperate with the State in any measure as may seem wise.;
(7)(5) cooperate with the State Department of Health and Environmental Control in the adoption and enforcement of proper preventive measures.;
(8)(6) establish, equip, and maintain a center for vocational, industrial, and other training and employ qualified instructors in accordance with subsection (B). The center shall provide for orientation and adjustment for the visually handicapped. Training in such these centers shall must be limited to persons deemed determined to be eligible by the Commission division.;
(9)(7) supervise and control all concession stands established and operated formerly by the State Department of Social Services and all concession stands established by the Commission. division;
(10)(8) have the authority to enter into contracts with owners of private property for the purpose of installing concession stands, which shall must be under the control of the Commission. division;
(11)(9) establish, supervise, and render totally operative and effective prevention of loss of sight programs using such those facilities in the State as the Commission division may deem consider necessary, including a mobile ophthalmological laboratory and office.;
(12)(10) assist in the furtherance of the purposes of Sections 44-43-110 to 44-43-160 and 44-7-10.
(B) The director of the division shall recruit, hire and fire, and evaluate employees of the division with the Director of the State Agency of Vocational Rehabilitation having final authority in these matters.
Section 43-25-35. In addition to all funds appropriated to or allocated for the Division of Services for the Blind, twelve percent of Section 110 funds, federal grant appropriations, must be allocated to and disbursed by the State Agency of Vocational Rehabilitation to the division to carry out its responsibilities under this chapter.
Section 43-25-40. The Commission Division of Services for the Blind shall designate the procedure to be followed and shall establish a register of ophthalmologists from which the applicant may select one to conduct a competent medical examination for determining the extent of his visual handicap. The Commission division shall pay for such examination.
Section 43-25-50. The Commission Division of Services for the Blind may arrange for the examination of the eyes of visually handicapped persons and may secure and pay for medical and surgical treatment for such these persons whenever in the judgment of an ophthalmologist the eyes of such this person may be benefited thereby by this treatment. Whenever, upon examination by an ophthalmologist any, a person is found to have no vision or vision with glasses which is so defective as to prevent the performance of ordinary activities for which eyesight is essential, such the examining ophthalmologist shall, within thirty days, report the results of the examination to the Commission division.
Section 43-25-60. The Commission Division of Services for the Blind may employ qualified itinerant teachers to assist teachers in public or private schools who are responsible for the teaching of visually handicapped students with visual handicaps. The itinerant teacher shall assist the public or private school teacher by providing methods and materials for teaching such student these students. The State Department of Education shall report to the Commission division the schools having visually handicapped students with visual handicaps. All principals or heads of private schools shall report to the Commission division the names of visually handicapped students with visual handicaps in attendance.
Section 43-25-70. The Commission Division of Services for the Blind is empowered to operate concession stands in any State, county, or municipal building and in any state park and shall negotiate with the proper agency or governing body regarding the establishment of a concession on such property. In buildings where a stand existed on May 25, 1940, the person who was then operating such a the stand shall must not be removed, but when such the operator ceases to operate such the stand the concession for further operation shall must be granted to the Commission division. No rental or other charge shall may be required by the Commission division for the granting of an operation permit. Any rental payment or commission charged by the owner of private property for the location of such a stand shall must be collected from the operator of the stand by the Commission division. No charge shall may be made for the installation or operation of a concession stand or for the maintenance of equipment of a concession stand regardless of location.
Section 43-25-80. Any sums appropriated by the General Assembly for treatment and training of the visually handicapped shall persons with visual handicaps must be kept by the State Treasurer in a fund for the treatment and training of the visually handicapped persons with visual handicaps and shall must be used to carry out the particular purpose assigned to it.
Section 43-25-90. Every person aggrieved by an action of the Commission shall Division of Services for the Blind must be granted, upon request, a hearing before a hearing officer assigned by the Commission State Agency of Vocational Rehabilitation. The hearing officer shall not be a member of the Commission. The hearing officer shall have has authority to conduct hearings, to issue subpoenas requiring the attendance of witnesses and the production of records and other documents, to administer oaths, and to take testimony. An appeal may be taken from the decision of the hearing officer to the Commission for the blind. The Commission shall hold a hearing on the matter which shall be attended by at least three members. An appeal may be taken from the decision of the Commission to the court of common pleas for the county where the appellant resides and the matter shall be heard de novo in the court as a matter of equity. The appellant shall, within ten days after notice of the decision of the Commission, serve notice of appeal upon the chairman of the Commission, stating grounds upon which the appeal is founded and file such notice with the clerk of court to which such appeal is taken. Such appeal shall act as a supersedeas until it is finally determined. The clerk of court shall place the case upon the docket for trial Administrative Law Court in accordance with the Administrative Procedures Act.
Section 43-25-100. The powers and duties of the Division for the Blind of the State Department of Social Services including, but not limited to, the distribution of talking book machines, vocational rehabilitation, and other special services for the visually handicapped persons with visual handicaps except those duties and responsibilities surrounding the administration of the State Federal Program of Aid to the Needy Blind shall be previously devolved upon the South Carolina Commission for the Blind are devolved upon the Division of Services for the Blind."
SECTION __. A. Chapter 31, Title 43 of the 1976 Code is amended to read:
Section 43-31-10. This chapter shall may be cited as 'The Vocational Rehabilitation Act of South Carolina'.
Section 43-31-20. It is hereby declared to be the policy of this State to provide rehabilitation services to the extent needed and feasible, to eligible handicapped individuals with disabilities throughout the State, to the end that they may engage in useful and remunerative occupations to the extent of their capabilities, thereby increasing their social and economic well-being and that of their families, and the productive capacity of this State and nation, also thereby reducing the burden of dependency on families and taxpayers.
Section 43-31-30. For the purposes of this chapter:
(1) The term 'Agency' means the State Agency of Vocational Rehabilitation.
(2) The term 'Commissioner 'Director' means the Commissioner Director of the State Agency of Vocational Rehabilitation appointed by the Agency.
(3)(a) The term 'Vocational rehabilitation services' means diagnostic and related services, (including transportation), incidental to the determination of eligibility for, and the nature and the scope of, services to be provided; training, guidance, and placement services for physically handicapped individuals with disabilities; and, in the case of any such an individual found to require financial assistance with respect thereto to his or her disability, after full consideration of his or her eligibility for any similar benefit by way of pension, compensation, and insurance, any other goods and services necessary to render such the individual fit to engage in a remunerative occupation, (including remunerative homebound work), and including the following physical restoration and other goods and services:
(a)(i) corrective surgery or therapeutic treatment necessary to correct or substantially modify a physical or mental condition which is stable or slowly progressive and constitutes a substantial handicap impediment to employment, but is of such a nature that such correction or modification may reasonably be expected to eliminate or substantially reduce such handicap the impediment within a reasonable length of time;
(b)(ii) necessary hospitalization in connection with surgery or treatment specified in paragraph (a) of this subsection subitem (i);
(c)(iii) such prosthetic devices as are essential to obtaining or retaining employment;
(d)(iv) maintenance shall must be furnished only in order to enable an individual to derive the full benefit of other vocational rehabilitation services being provided;
(e)(v) tools, equipment, initial stocks and supplies, (including equipment and initial stocks and supplies for vending stands), and books and training materials, to any or all of which the State may retain legal title; and
(f)(vi) transportation, (except where necessary in connection with determination of eligibility or nature and scope of services); and
(vii) occupational licenses.
Such term (b) Vocational rehabilitation services also includes include:
(g)(i) the acquisition of vending stands or other equipment and initial stocks and supplies for use by severely handicapped individuals with severe disabilities in any type of small business, the operation of which will be improved through management and supervision by the State agency; and
(h)(ii) the establishment of public and other nonprofit rehabilitation facilities to provide services for physically handicapped individuals with disabilities and the establishment of public and other nonprofit workshops for the severely handicapped individuals with severe disabilities.
(4) The term 'physically handicapped 'Individual with a disability' means any an individual, except an individual qualifying under vocational rehabilitation of the blind, who is under has a physical or mental disability which constitutes a substantial handicap impediment to employment, but which is of such a nature that vocational rehabilitation services may reasonably be expected to render him fit the individual able to engage in a remunerative occupation, and persons who are severely handicapped and with severe disabilities who are of employable age with a physical or mental disability so handicapping as to require that they be institutionalized or have the services of an attendant in order to provide themselves with their daily living requirements.
(5) The term 'Remunerative occupation' includes means employment as an employee or self-employed; practice of a profession; homemaking, farm or family work for which payment is in kind rather than in cash; sheltered employment, and home industry or other homebound work of a remunerative nature.
(6) The term 'Rehabilitation facility' means a facility operated for the primary purpose of assisting in the rehabilitation of physically handicapped individuals with disabilities:
(a) which provides for one or more of the following types of services:
(i) testing, fitting, or training in the use of prosthetic devices,;
(ii) prevocational or conditional therapy,;
(iii) physical or occupational therapy,;
(iv) adjustment training; or
(v) evaluation or control of special disabilities; or
(b) through which is provided an integrated program of medical, psychological, social, and vocational evaluation and services under competent professional supervision; provided, that if the major portion of such the evaluation and services is furnished within the facility and that if all medical and related health services are prescribed by, or are under the formal supervision of, persons licensed to practice medicine or surgery in the State.
(7) The term 'Workshop' means a place where any manufacture or handiwork is carried on and which is operated for the primary purpose of providing remunerative employment to severely handicapped individuals with severe disabilities who cannot be readily absorbed in the competitive labor market.
(8) The term 'Nonprofit', when used with respect to a rehabilitation facility or a workshop, means a rehabilitation facility and a workshop, respectively, owned and operated by a corporation or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual and the income of which is exempt from taxation under Section 501 (c) (3) of the Internal Revenue Code of 1954 1986.
(9) 'Establishment of a workshop or rehabilitation facility' means:
(a) in the case of a workshop, the expansion, remodeling, or alteration of existing buildings necessary to adapt such these buildings to workshop purposes or to increase the employment opportunities in workshops, and the acquisition of initial equipment necessary for new workshops or to increase the employment opportunities in workshops; and
(b) in the case of a rehabilitation facility, the expansion, remodeling, or alteration of existing buildings, and initial equipment of such these buildings, necessary to adapt such these buildings to rehabilitation facility purposes or to increase their effectiveness for such these purposes, (subject, however, to such these limitations as the Secretary of the Department of Health, Education, and Welfare may by regulations prescribe in order to prevent impairment of the objectives of, or duplication of, other federal laws providing federal assistance to states in the construction of such these facilities), and initial staffing thereof (, of these facilities for a period not exceeding one year).
(10) The term 'Eligible physically handicapped individual with a disability', when used with respect to diagnostic and related services, training, guidance, and placement, means any physically handicapped a person with a disability, except a person qualifying under vocational rehabilitation for the blind, whose vocational rehabilitation or self-care rehabilitation is determined feasible by the Commissioner director, and, when used with respect to other vocational rehabilitation services, means an individual meeting the above this requirement who is also found by the Commissioner director to require financial assistance with respect thereto to his or her disability, after full consideration of his or her eligibility for any similar benefit by the way of pension, compensation, and insurance.
(11) The term 'Self care rehabilitation services' means such diagnostic, psychological, medical, surgical, physical restoration, guidance, training, and related services, including equipment and prosthetic appliances and training in their use, needed to enable a severely handicapped person with a severe disability to dispense with or largely dispense with the need for institutional care or for the services of an attendant and to achieve, in so far as practicable, the ability for independent living.
(12) The term 'Eligible' or 'eligibility' when used in relation to an individual's qualification for vocational rehabilitation services, means a certification that:
(1)(a) a physical or mental disability is present;
(2)(b) a substantial handicap impediment to employment exists; and
(3)(c) vocational rehabilitation services may reasonably be expected to render the individual fit able to engage in a gainful occupation.
Section 43-31-40. The Governor shall appoint a State Agency of Vocational Rehabilitation to be composed of seven members, which Agency shall provide for the administration of this chapter. The members of the Agency shall consist of one member from each congressional district and one member at large. The Governor, upon the advice and consent of the Senate, shall appoint the members. The members first appointed having been designated by the Governor to serve for terms of one, two, three, four, five, six and seven years respectively, each member of the Agency thereafter shall must be appointed for a term of seven years. The terms of office shall must always remain staggered so that the term of one member shall expire expires every year with appointments to fill unexpired terms caused by death, resignation, or disability.
Section 43-31-50. The agency shall elect a chairman and shall meet quarterly in regular session and on call by the chairman when necessary for the transaction of Agency business. Agency members shall receive such per diem and mileage as is provided by law for members of boards, commissions, and committees.
Section 43-31-60. (A) The agency shall provide the vocational rehabilitation services authorized by this chapter to every physically handicapped individual with a disability determined by the Commissioner director to be eligible therefor for these services, as defined by Section 43-31-30, subsection (10), and in carrying out the purposes of this chapter, the agency is authorized, among other things, to:
(1) To cooperate with other departments, agencies, and institutions, both public and private, in providing the services authorized by this chapter to disabled individuals with disabilities, in studying the problems involved therein in assisting individuals with disabilities, and in establishing, developing, and providing in conformity with the purposes of this chapter, such programs, facilities, and services as may be necessary or desirable;
(2) To enter into reciprocal agreements with other states to provide for the services authorized by this chapter to residents of the states concerned;
(3) To conduct research and compile statistics relating to the provision of services to or the need of services by disabled individuals with disabilities;
(4) To enter into contractual arrangements with the federal government and with other authorized public agencies or persons for performance of services related to vocational rehabilitation;
(5) To contract with schools, hospitals, and other agencies, and with doctors, optometrists, nurses, technicians, and other persons, for training, physical restoration, transportation, and other vocational rehabilitation services;
(6) To take such action as may be necessary to enable the agency to apply for, accept, and receive for the State and its residents the full benefits available under the Vocational Rehabilitation Act of Congress and any amendments thereto to this act, and under any other federal legislation or program having as its purpose the providing of, improvement, or extension of, vocational rehabilitation services.
(B) The agency shall not assume responsibility for permanent custodial care of any individual and shall provide rehabilitation services only for a period long enough to accomplish the rehabilitation objective or to determine that rehabilitation is not feasible through the services which that can be made available to the individual being served.
Section 43-31-70. The agency shall appoint a Commissioner the Director of Vocational Rehabilitation, in accordance with established personnel standards and on the basis of his education, training, experience, and demonstrated ability. The Commissioner director shall serve as secretary and executive officer of the agency.
Section 43-31-80. In carrying out his duties under this chapter, the Commissioner director:
(1) shall, with the approval of the agency, make promulgate regulations governing personnel standards, the protection of records and confidential information, the manner and form of filing applications, eligibility, and investigation and determination therefor of eligibility, for vocational rehabilitation and other services, procedures for fair hearings, and such other regulations as he finds necessary to carry out the purposes of this chapter;
(2) shall, with the approval of the agency, establish appropriate subordinate administrative units;
(3) shall, with the approval of the agency, appoint such personnel as he deems considers necessary for the efficient performance of the functions of the agency;
(4) shall prepare and submit to the agency annual reports of activities and expenditures and, prior to each regular session of the legislature, estimates of sums required for carrying out this chapter and estimates of the amounts to be made available for this purpose from all sources;
(5) shall make certification for disbursement, in accordance with regulations, of funds available, for carrying out the purposes of this chapter;
(6) shall, with the approval of the agency, take such other action as he deems considers necessary or appropriate to carry out the purposes of this chapter;
(7) may, with the approval of the agency, delegate to any officer or employee of this agency such of his powers and duties, except the making of regulations and the appointment of personnel, as he finds necessary to carry out the purposes of this chapter.
Section 43-31-90. This chapter shall must be administered under the general supervision and direction of the agency by the commissioner.
Section 43-31-100. Pursuant to the policy declared in Section 43-31-20, the vocational rehabilitation services shall must be provided under this chapter to persons throughout the State, and the vocational rehabilitation plan adopted pursuant to this chapter shall must be in effect in all political subdivisions of the State.
Section 43-31-110. Rehabilitation services provided under the State plan shall must be available to any civil employee of the United States disabled while in the performance of his duty, on the same terms and conditions as apply to other persons.
Section 43-31-120. There is created a special fund, to be known as the 'Vocational Rehabilitation Fund'. The fund shall consist of all moneys appropriated by this State and all moneys received from the United States or any other source for such the purpose, as provided by this chapter. All moneys in this fund shall must be deposited, administered, and disbursed in the same manner and under the same conditions and requirements as provided by law for other public funds in the State Treasury. All moneys in this fund are appropriated and made available to the agency, and shall must be expended solely for the purposes of this chapter. Any balances in the fund shall do not lapse at any time but shall must be continuously available to the agency for expenditure consistent with this chapter. The agency, acting through the Commissioner director, shall issue its requisition for payment of all costs of administering this chapter to the Comptroller General, who shall draw his warrant in the usual form provided by law on the State Treasurer, who shall pay it by check on the vocational rehabilitation fund.
Section 43-31-130. (1)(A) The Commissioner director may, with the approval of the agency, accept and use gifts made unconditionally by will or otherwise for carrying out the purposes of this chapter. Gifts made under such conditions as in the judgment of the Agency director are proper and consistent with the provisions of this chapter may be so accepted and shall must be held, invested, reinvested, and used in accordance with the condition of the gift.
(2)(B) The acceptance of federal funds and other funds, and their use for vocational rehabilitation, subject to such restrictions as may be imposed by the donor and not inconsistent with this chapter, is hereby authorized.
(3)(C) Federal grants and donations for vocational rehabilitation services, unless otherwise restricted, shall must be available for all vocational rehabilitation services provided under the State plan, and also for the purpose, whenever federal funds are made available to the State under Section 3 of the Federal Vocational Rehabilitation Amendments of 1954, for of the extension and improvement of vocational rehabilitation services, or under Section 4 of such that act for projects for research, demonstrations, training and traineeships, and for the planning for and initiating expansion of vocational rehabilitation services under the State plan.
Section 43-31-140. The General Assembly shall appropriate for vocational rehabilitation such sums as are necessary, along with available federal and other funds, to carry out the purposes of this chapter.
Section 43-31-145. As required by the Federal Vocational Rehabilitation Acts, and any amendments thereto to those acts, including rules and regulation regulations issued pursuant to such these acts, the State Agency of Vocational Rehabilitation shall give full consideration to any similar benefits available to a handicapped an individual with a disability, including private, group, or other insurance benefits, to meet, in whole or in part, the cost of any vocational rehabilitation services prior to expenditure of public funds. To the extent that an individual is eligible for other benefits, including private, group, or other insurance benefits, such these benefits shall must be utilized insofar as possible. Insurance carriers shall must not deny payment of benefits otherwise available solely on the basis that a handicapped an individual with a disability has applied for, or has been deemed eligible to receive, vocational rehabilitation services as provided by the State Agency of Vocational Rehabilitation.
Section 43-31-150. It shall be is unlawful, except for purposes directly connected with the administration of the vocational rehabilitation program, and in accordance with regulations, for any person to solicit, disclose, receive or make use of, or authorize, knowingly permit, participate in or acquiesce in the use of any list of, or names of, or any information concerning, persons applying for or receiving vocational rehabilitation, directly or indirectly derived from the records, papers, files, communications of the State or subdivisions or agencies thereof of the State, or acquired in the course of the performance of official duties without the written consent of each such applicant and recipient. The records, papers, files, and communications shall must be regarded as confidential information and privileged.
Section 43-31-160. In addition to the duties of the Department State Agency of Vocational Rehabilitation as set forth in Sections 43-31-20 and 43-31-60, the department agency shall provide services authorized by this chapter to individuals who have committed criminal offenses and are or have been incarcerated in the Department of Corrections when these individuals suffer from physical or mental disabilities that may constitute a substantial handicap impediment to employment."
B. (A) In accordance with the functions and responsibilities designated in this section, all personnel, appropriations, bonded indebtedness, if applicable, and real and personal property of the Commission for the Blind are transferred to the Division of Services for the Blind and to the South Carolina State Agency of Vocational Rehabilitation.
(B) Employees transferred pursuant to the provisions of this section, at the time of transfer, become employees of the Division of Services for the Blind or of the State Agency for Vocational Rehabilitation, as provided for in this section.
(C) Any regulations previously promulgated by the Commission for the Blind under the authority of former provisions of law pertaining to the commission are continued and considered to be promulgated under the authority of present provisions pertaining to the Division of Services for the Blind or the State Agency of Vocational Rehabilitation, as provided for in this section.
(D) The State Budget and Control Board shall facilitate the transfers to be made in accordance with this section.
SECTION __. Section 43-21-10 of the 1976 Code, as last amended by Act 30 of 1995, is further amended to read:
"Section 43-21-10. (A) There is created in the Office of the Lieutenant Governor, the Division on Aging. The division must be supported by an the Advisory Council Committee on Aging consisting of:
(1) the Lieutenant Governor or his designee;
(2) one member from each of the ten planning and service areas under the Division on Aging and;
(3) one representative of each of the following groups appointed by the Lieutenant Governor annually:
(a) long term care providers;
(b) long term care consumers;
(c) persons in the insurance industry developing or marketing a long-term care product;
(4) five members from the State at large.
The director of the division shall provide statewide notice that nominations may be submitted to the director from which the Lieutenant Governor shall appoint the members of the council committee, upon the advice and consent of the Senate. The members must be citizens of the State who have an interest in and a knowledge of the problems of an aging population. In making appointments to the council committee, consideration must be given to assure that the council is composed of appointees who are diverse in age, who are able and disabled, and who are active leaders in organizations and institutions that represent different concerns of older citizens and their families. The chair must be elected by the members of the advisory council committee from its members for a term of two years and until a successor is elected. Members of the council committee shall serve without compensation but shall receive mileage and subsistence authorized by law for members of boards, commissions, and committees. The advisory council committee shall meet at least once each quarter and special meetings may be called at the discretion of the director of the division. Rules and procedures must be adopted by the council committee for the governance of its operations and activities.
(B) The Advisory Committee on Aging shall identify future policy issues in aging and long-term care and may conduct research and demonstration activities related to these issues."
SECTION __. Section 43-21-20 of the 1976 Code, as last amended by Act 30 of 1995, is further amended to read:
"Section 43-21-20. (A) The members of the advisory council committee shall serve for terms of four years and until their successors are appointed and qualify. The terms of the members expire on June thirtieth and all vacancies must be filled in the manner of the original appointment for the unexpired portion of the term only. No A member may not serve more than two consecutive terms.
(B) The Lieutenant Governor may terminate a member of the council for any reason pursuant to the provisions of Section 1-3-240, and the reason for the termination must be communicated to each member of the council committee."
SECTION __. Section 43-21-45 of the 1976 Code, as amended by Act 336 of 1994, is further amended to read:
"Section 43-21-45. The Lieutenant Governor's Office, Division on Aging, shall designate area agencies on aging and area agencies on aging shall designate focal points. Focal points shall provide leadership on aging issues in their respective communities and shall carry out a comprehensive service system for older adults or shall coordinate with a comprehensive service system in providing services for older adults. The area agencies on aging represent the regional level of the state aging network and the focal points represent the local level of the state aging network."
SECTION __. Section 43-21-60 of the 1976 Code, as last amended by Section 1020 of Act 181 of 1993, is further amended to read:
"Section 43-21-60. The division, through the Lieutenant Governor, shall submit an annual report to the Governor and to the General Assembly on or before January first of each year. The report shall deal with the present and future needs of the elderly and with the work of the division during the year."
SECTION __. Section 43-21-70 of the 1976 Code, as last amended by Section 1021 of Act 181 of 1993, is further amended to read:
"Section 43-21-70. The Lieutenant Governor may employ a director to be the administrative officer of the division who shall serve at his pleasure and who is subject to removal pursuant to the provisions of Section 1-3-240."
SECTION__. Section 43-21-100 of the 1976 Code, as last amended by Section 1023 of Act 181 of 1993, is further amended to read:
"Section 43-21-100. The division shall prepare the annual budget for its operation which must be submitted to the Lieutenant Governor and to the General Assembly for approval."
SECTION __. Section 43-21-110 of the 1976 Code is amended to read:
"Section 43-21-110. The General Assembly shall provide an annual appropriation to carry out the work of the Commission Division on Aging in the Office of the Lieutenant Governor."
SECTION __. Section 43-21-150 of the 1976 Code, as last amended by Section 1026 of Act 181 of 1993, is further amended to read:
"Section 43-21-150. The Division on Aging, with the cooperation assistance of the Long Term Care Council Advisory Committee and the Department of Insurance, shall develop and implement a program to educate citizens concerning:
(a) the availability of long term care services;
(b) the lifetime risk of spending some time in a nursing home;
(c) the coverage available for long term care services through Medicare, Medicaid, and private insurance policies, and the limitations of this coverage; and
(d) the availability of home equity conversion alternatives, such as reverse annuity mortgages and sale-leaseback arrangements, in this State and the risks and benefits of these alternatives.
This program must be made a part of the Preretirement Education Program of the South Carolina Retirement Systems."/
Renumber sections to conform.
Amend title to conform.
Rep. DAVENPORT explained the amendment.
The amendment was then adopted.
Rep. DAVENPORT proposed the following Amendment No. 6 (Doc Name COUNCIL\NBD\11871AC05), which was adopted:
Amend the bill, as and if amended, by deleting Section 44-6-1310(A) on page 6 and inserting:
/(A) The Director of the Office of Information Technology of the State Budget and Control Board shall convene an information technology planning team to develop plans for the efficient and effective use of information technologies by health and human service agencies. The director must include an equal number of private sector information technology professionals on the team. The purpose of the advisory committee is to benefit the public agencies with the expertise of the private sector in designing and managing health and human service agency information systems. The director shall make periodic reports to the Chairman of the House Ways and Means Committee and the Chairman of the Senate Finance Committee on the team's progress towards the goals of improving information technology purchasing and coordination. Representatives of the following agencies shall participate on the information technology team:
(1) Department of Health and Human Services;
(2) Department of Health and Environmental Control;
(3) Department of Social Services;
(4) Department of Disabilities and Special Needs; and
(5) Vocational Rehabilitation. /
Renumber sections to conform.
Amend title to conform.
Rep. DAVENPORT explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WALKER, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works:
S. 736 (Word version) -- Senators Ryberg and Peeler: A BILL TO AMEND SECTION 56-3-7780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF "VIETNAM WAR VETERANS SPECIAL LICENSE PLATES" SO AS TO PROVIDE THAT ONLY VIETNAM WAR VETERANS WHO SERVED ON ACTIVE DUTY AT ANYTIME DURING THE PERIOD OF FEBRUARY 28, 1961, TO MAY 7, 1975, MAY BE ISSUED THIS SPECIAL LICENSE PLATE.
Debate was resumed on the following Act, the pending question being the consideration of the vetoes:
(R73) H. 3716 -- Ways and Means Committee: AN ACT TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 2005; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.
Veto 61. Part 1B, Section 26.1, Department of Parks, Recreation and Tourism, page 361, PRT: Canadian Day.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Allen Altman Anderson Anthony Bailey Bales Battle Bowers Brady Branham Breeland G. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coleman Cooper Cotty Dantzler Edge Hamilton Hardwick Harrell Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Jefferson Jennings Kennedy Leach Limehouse Littlejohn Loftis Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Owens Parks Phillips Pinson M. A. Pitts Rice Sandifer Scarborough Scott Skelton G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Taylor Townsend Umphlett Vaughn Vick Walker Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Ballentine Delleney Duncan Frye Funderburk Hagood Haley Huggins Kirsh Lucas Norman E. H. Pitts Simrill Sinclair D. C. Smith G. M. Smith Talley Thompson Toole
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
I missed the vote on Veto No. 61 and would have voted to override.
Rep. Gloria A. Haskins
Veto 62. Part IB, Section 26.7, Department of Parks, Recreation and Tourism, page 361, PRT: Litter Control.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Allen Altman Anderson Anthony Bailey Bales Barfield Battle Bowers Branham Breeland G. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Cobb-Hunter Coleman Cooper Dantzler Edge Emory Funderburk Hardwick Harrell Harrison Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Jefferson Jennings Kennedy Kirsh Leach Limehouse Loftis Martin McCraw McGee McLeod Miller J. H. Neal J. M. Neal Neilson Ott Parks Perry Phillips Pinson M. A. Pitts Sandifer Scarborough Scott Simrill Skelton G. M. Smith J. E. Smith J. R. Smith Taylor Thompson Umphlett Vick Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Ballentine Bingham Brady Clyburn Cotty Delleney Duncan Frye Hagood Haley Hamilton Haskins Littlejohn Lucas Mahaffey Norman Owens E. H. Pitts Rice Sinclair D. C. Smith G. R. Smith W. D. Smith Stewart Talley Toole Tripp Vaughn Walker
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 63. Part 1B, Section 9.55, Department of Health and Environmental Control, page 344, DHEC: Competitive Grants.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Altman Anderson Bales Barfield Battle Bowers Brady Branham Breeland G. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Cooper Dantzler Davenport Edge Emory Govan Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Howard Jefferson Jennings Kennedy Kirsh Leach Lee Littlejohn Mack McCraw McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry M. A. Pitts Rhoad Rice Sandifer Scott Skelton G. M. Smith G. R. Smith J. E. Smith Taylor Thompson Townsend Vaughn Weeks Whipper White Whitmire Young
Those who voted in the negative are:
Agnew Anthony Bailey Ballentine Bingham Coleman Cotty Delleney Duncan Frye Funderburk Haley Huggins Lucas Mahaffey McGee Norman Phillips Pinson E. H. Pitts Scarborough Simrill Sinclair D. C. Smith J. R. Smith W. D. Smith Stewart Talley Toole Umphlett Vick Witherspoon
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 64. Part 1B, Section 26.8, Department of Parks, Recreation and Tourism, page 362, PRT: Competitive Grants.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Anderson Anthony Bailey Bales Barfield Battle Bowers Branham Breeland G. Brown R. Brown Cato Ceips Chalk Chellis Clark Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Edge Emory Funderburk Govan Hardwick Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Jefferson Kennedy Kirsh Leach Littlejohn Loftis Lucas Mack Martin McCraw McLeod Merrill Miller J. H. Neal Neilson Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Sandifer Scarborough Skelton G. M. Smith J. R. Smith Taylor Thompson Townsend Umphlett Vaughn Vick Weeks White Whitmire Witherspoon Young
Those who voted in the negative are:
Ballentine Bingham Delleney Duncan Haley Mahaffey McGee Norman E. H. Pitts Simrill Sinclair D. C. Smith Stewart Talley Toole Tripp
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 65. Part 1B, Section 27.26, Department of Commerce, page 365, CMRC: Competitive Grants.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Altman Anderson Bales Battle Bowers Brady Branham Breeland G. Brown Cato Ceips Chalk Chellis Clark Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Edge Emory Funderburk Govan Hamilton Harrell Haskins Hayes J. Hines M. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kennedy Kirsh Leach Littlejohn Mack Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry M. A. Pitts Rhoad Rice Rutherford Sandifer Skelton G. M. Smith J. R. Smith Taylor Thompson Townsend Vaughn Weeks Whipper White Whitmire Young
Those who voted in the negative are:
Agnew Anthony Ballentine Bingham Coleman Delleney Duncan Frye Hagood Haley Hardwick Lucas Mahaffey Norman Phillips Pinson E. H. Pitts Scarborough Simrill Sinclair D. C. Smith W. D. Smith Stewart Talley Toole Umphlett Vick Witherspoon
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 66. Part 1B, Section 63.42, Budget and Control Board, page 416, BCB: Competitive Grants.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Altman Anderson Anthony Bailey Bales Barfield Battle Bowers Branham G. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Cooper Dantzler Davenport Edge Emory Govan Hamilton Hardwick Harrell Harrison Haskins Hayes J. Hines M. Hines Hiott Hosey Jefferson Jennings Kennedy Kirsh Leach Littlejohn Loftis Mack Martin McCraw McGee McLeod Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry M. A. Pitts Rhoad Rice Rutherford Sandifer Scott Skelton G. M. Smith G. R. Smith J. R. Smith Taylor Thompson Townsend Vaughn Weeks White Whitmire Young
Those who voted in the negative are:
Agnew Ballentine Bingham Brady Coleman Cotty Delleney Duncan Frye Funderburk Hagood Haley Huggins Lucas Mahaffey Merrill Norman Phillips Pinson E. H. Pitts Scarborough Simrill Sinclair D. C. Smith W. D. Smith Stewart Talley Toole Tripp Umphlett Vick Witherspoon
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
I intended to vote "yea" on Veto No. 66, not "nay".
Rep. Ted Vick
Veto 67. Part 1B, Section 63.49, Budget and Control Board, page 417, BCB: Grants Review Committee.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Altman Anderson Bailey Bales Battle Bowers Branham Breeland R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Cooper Dantzler Davenport Edge Emory Govan Hamilton Hardwick Harrell Haskins Hayes J. Hines M. Hines Hinson Hiott Hosey Jefferson Jennings Kennedy Kirsh Leach Littlejohn Mack Martin McCraw McLeod Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry M. A. Pitts Rhoad Rice Rutherford Sandifer Scott Skelton G. M. Smith G. R. Smith J. R. Smith Taylor Thompson Townsend Vaughn Weeks Whipper White Whitmire Young
Those who voted in the negative are:
Agnew Anthony Ballentine Bingham Brady Coleman Cotty Delleney Duncan Frye Funderburk Hagood Haley Huggins Lucas Mahaffey McGee Merrill Norman Phillips Pinson E. H. Pitts Scarborough Simrill Sinclair D. C. Smith W. D. Smith Stewart Talley Toole Tripp Umphlett Vick Witherspoon
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 68. Part 1B, Section 26.9, Department of Parks, Recreation and Tourism, page 362, PRT: SC Wildlife Exposition.
Rep. HARRELL spoke in favor of the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Anderson Bailey Bales Battle Bowers Branham Breeland G. Brown R. Brown Hayes Jennings Kennedy Limehouse Mack Miller J. H. Neal Owens Parks Pinson M. A. Pitts Rice Rutherford Sandifer J. E. Smith Whipper Whitmire
Those who voted in the negative are:
Agnew Altman Anthony Ballentine Barfield Bingham Brady Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Hagood Haley Hamilton Harrell Harrison Haskins Herbkersman J. Hines Hinson Hiott Hosey Huggins Jefferson Kirsh Leach Littlejohn Loftis Lucas Mahaffey McCraw McGee McLeod Merrill J. M. Neal Neilson Norman Ott Perry Phillips E. H. Pitts Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Tripp Umphlett Vaughn Vick Walker Weeks White Witherspoon Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 69. Part 1B, Section 26.10, Department of Parks, Recreation and Tourism, page 362, PRT: State Park Privatization Approval.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bales Barfield Battle Bowers Brady Branham Breeland R. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Edge Emory Funderburk Govan Hardwick Harrell Harrison Hayes J. Hines Hinson Hiott Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Lucas Mack Mahaffey Martin McCraw McLeod Miller J. H. Neal J. M. Neal Neilson Parks Perry Phillips M. A. Pitts Rice Rutherford Sandifer Scott Sinclair Skelton D. C. Smith J. E. Smith J. R. Smith Taylor Thompson Toole Umphlett Vaughn Vick Weeks White Whitmire Witherspoon Young
Those who voted in the negative are:
Bailey Ballentine Bingham Clark Duncan Frye Hagood Haley Hamilton Littlejohn McGee Merrill Norman Owens Pinson E. H. Pitts Scarborough Simrill G. M. Smith G. R. Smith W. D. Smith Stewart Talley Tripp Walker
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 70. Part 1B, Section 27.18, Department of Commerce, page 364, CMRC: SC World Trade Center.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anthony Bales Barfield Battle Bowers Branham Breeland Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Dantzler Davenport Emory Funderburk Govan Hardwick Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Mack Mahaffey McCraw McGee McLeod Merrill Miller J. H. Neal Neilson Owens Parks Perry Phillips Pinson M. A. Pitts Sandifer Scarborough Scott Simrill Skelton J. E. Smith J. R. Smith Taylor Thompson Townsend Vaughn Vick Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Bailey Ballentine Bingham Brady Cotty Delleney Duncan Frye Hagood Haley Hamilton Harrison Lucas Norman E. H. Pitts Sinclair D. C. Smith G. M. Smith G. R. Smith W. D. Smith Stewart Talley Toole Tripp Umphlett
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 71. Part 1B, Section 27.30, Department of Commerce, page 365, CMRC: Business Development Marketing.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Bales Battle Bowers Branham Breeland G. Brown R. Brown Ceips Chalk Clyburn Cobb-Hunter Coleman Cooper Dantzler Davenport Edge Frye Funderburk Hardwick Harrell Hayes J. Hines M. Hines Hosey Howard Jefferson Jennings Kennedy Leach Littlejohn Mack Martin McCraw McLeod Miller Neilson Ott Parks Perry Pinson M. A. Pitts Scott J. E. Smith Vick Walker Weeks Whitmire Witherspoon
Those who voted in the negative are:
Anthony Bailey Ballentine Barfield Bingham Brady Cato Chellis Clark Clemmons Cotty Delleney Duncan Emory Govan Hagood Haley Hamilton Harrison Haskins Herbkersman Hinson Hiott Huggins Kirsh Limehouse Loftis Lucas Mahaffey McGee Merrill J. H. Neal J. M. Neal Norman Phillips E. H. Pitts Rice Scarborough Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Viers White Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 72. Part 1B, Section 27.31, Department of Commerce, page 365, CMRC: World Trade Center.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bales Barfield Battle Bowers Breeland G. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Dantzler Davenport Emory Funderburk Govan Hardwick Harrell Haskins Hayes Herbkersman M. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Mack McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rice Sandifer Scarborough Scott Simrill Skelton J. E. Smith J. R. Smith Taylor Thompson Townsend Vick Viers Walker Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Bailey Ballentine Bingham Brady Cotty Delleney Duncan Frye Hagood Haley Hamilton Harrison Lucas Mahaffey Norman E. H. Pitts Sinclair D. C. Smith G. M. Smith G. R. Smith W. D. Smith Stewart Talley Toole Umphlett
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 73. Part 1B, Section 63.4, Budget and Control Board, page 409, BCB: Southern Maritime Collection.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Allen Altman Anderson Anthony Bales Barfield Battle Bingham Bowers Brady Branham Breeland R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Emory Frye Govan Hamilton Hardwick Harrell Haskins Hayes Herbkersman Hinson Hiott Hosey Huggins Jefferson Jennings Kennedy Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton G. R. Smith J. E. Smith J. R. Smith Taylor Toole Townsend Umphlett Vick Viers Walker Weeks Whipper Whitmire Witherspoon Young
Those who voted in the negative are:
Bailey Ballentine Cotty Duncan Edge Funderburk Haley Harrison Kirsh Norman E. H. Pitts D. C. Smith G. M. Smith W. D. Smith Stewart Talley Thompson White
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 74. Part 1B, Section 63.40, Budget and Control Board, page 416, BCB: Sale of Surplus Property.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Allen Altman Anderson Anthony Bales Barfield Battle Bowers Branham Breeland R. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Delleney Edge Funderburk Hamilton Hardwick Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Howard Jefferson Jennings Kennedy Leach Littlejohn Loftis Lucas Mack McCraw McGee McLeod J. H. Neal J. M. Neal Neilson Parks Perry Phillips Pinson Rhoad Rice Rutherford Sandifer Scott Sinclair Skelton D. C. Smith G. R. Smith J. E. Smith J. R. Smith Taylor Umphlett Vick Walker Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Ballentine Bingham Clark Duncan Frye Hagood Haley Harrison Huggins Limehouse Mahaffey Merrill Norman Owens E. H. Pitts M. A. Pitts Scarborough Simrill G. M. Smith Stewart Talley Thompson Toole Townsend Viers
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 75 . Part 1B, Section 72.83, Budget and Control Board, page 443, GP: SC Enterprise Information System.
Rep. HARRELL spoke in favor of the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Allen Bales Bowers Breeland R. Brown Coleman Funderburk Hayes M. Hines Hosey Jennings Kennedy Mack Parks Rutherford J. E. Smith Vick Weeks Whipper
Those who voted in the negative are:
Altman Anderson Anthony Bailey Ballentine Barfield Battle Bingham Brady Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman J. Hines Hinson Hiott Huggins Jefferson Kirsh Leach Littlejohn Lucas Mahaffey Martin McCraw McGee McLeod Merrill Miller J. M. Neal Neilson Norman Ott Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Viers Walker White Whitmire Witherspoon Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 76. Part 1B, Section 72.103, Budget and Control Board, page 447, GP: SCEIS.
Rep. HARRELL spoke in favor of the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Bales Bowers Coleman Funderburk Jennings Kennedy Parks M. A. Pitts Rutherford J. E. Smith Vick
Those who voted in the negative are:
Altman Anderson Anthony Bailey Ballentine Barfield Battle Bingham Brady Breeland R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Cotty Dantzler Davenport Delleney Duncan Edge Frye Hagood Haley Hamilton Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Jefferson Kirsh Leach Littlejohn Lucas Mahaffey Martin McCraw McGee McLeod Merrill Miller J. M. Neal Neilson Norman Ott Perry Phillips Pinson E. H. Pitts Rhoad Rice Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Walker Weeks Whipper White Whitmire Witherspoon Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 77. Part 1B, Section 72.107, Budget and Control Board, page 447, GP: S.C. Research Center Innovation Centers.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Allen Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Breeland G. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Dantzler Davenport Edge Emory Funderburk Haley Hamilton Hardwick Harrell Harrison Haskins Hayes J. Hines Hinson Hiott Huggins Jefferson Jennings Kennedy Kirsh Leach Littlejohn Mack Martin McCraw McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Parks Perry Pinson M. A. Pitts Rice Rutherford Sandifer Scott Skelton G. R. Smith J. E. Smith J. R. Smith Talley Taylor Thompson Toole Townsend Vaughn Vick Weeks White Whitmire Witherspoon Young
Those who voted in the negative are:
Cotty Delleney Duncan Frye Hagood Lucas Mahaffey McGee Norman E. H. Pitts Scarborough Simrill Sinclair G. M. Smith W. D. Smith Stewart Tripp Umphlett Viers Walker
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 78. Part 1B, Section 73.17, Statewide Revenue, page 453, SR: Increased Enforcement Collections, J02 Department of Health and Human Services, Health Care Information and Referral Network, $104,142.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Barfield Bowers Brady Branham Breeland G. Brown R. Brown Cato Ceips Chalk Chellis Clark Clyburn Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Emory Funderburk Govan Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines Hinson Hiott Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Littlejohn Lucas Mahaffey Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Parks Perry Phillips Pinson Rhoad Rice Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton J. E. Smith J. R. Smith Taylor Thompson Townsend Umphlett Vaughn Vick Viers Walker Weeks White Whitmire Young
Those who voted in the negative are:
Ballentine Bingham Cotty Duncan Hagood Haley Norman E. H. Pitts D. C. Smith G. M. Smith G. R. Smith W. D. Smith Stewart Talley Toole
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 79. Part 1B, Section 73.17, Statewide Revenue, page 453, SR: Increased Enforcement Collections, H15 University of Charleston, School of Business: Office of Tourism Analysis, $129,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Allen Altman Anderson Anthony Bailey Bales Barfield Battle Bowers Brady Branham Breeland G. Brown R. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Edge Emory Funderburk Govan Haley Hardwick Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Howard Huggins Jefferson Jennings Kirsh Leach Littlejohn Mack Mahaffey Martin McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Parks Perry Phillips Pinson Rhoad Rice Rutherford Sandifer Scarborough Simrill Skelton D. C. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Taylor Thompson Toole Townsend Umphlett Vaughn Vick Viers Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Ballentine Bingham Delleney Duncan Frye Hagood Hamilton Harrison Lucas Norman E. H. Pitts Sinclair G. R. Smith Stewart Talley Tripp Walker
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 80. Part 1B, Section 73.17, Statewide Revenue, page 453, SR: Increased Enforcement Collections, H15 University of Charleston, Avery Research Center, $100,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Allen Altman Anderson Anthony Bailey Bales Barfield Battle Bowers Brady Branham Breeland R. Brown Cato Ceips Chalk Chellis Clark Clemmons Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Emory Funderburk Govan Hamilton Hardwick Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Jefferson Kirsh Leach Limehouse Mack Martin McGee McLeod J. H. Neal Neilson Ott Parks Perry Pinson Rhoad Rice Sandifer Scarborough Scott Simrill Skelton D. C. Smith G. M. Smith J. E. Smith J. R. Smith Taylor Townsend Umphlett Vaughn Vick Viers Weeks Whipper White Whitmire Witherspoon
Those who voted in the negative are:
Ballentine Bingham Delleney Duncan Frye Hagood Haley Hiott Huggins Lucas Mahaffey Merrill Norman E. H. Pitts Sinclair G. R. Smith Stewart Talley Thompson Toole Tripp Walker
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of Vetoes.
At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
S. 751 (Word version) -- Senators McConnell, Moore and Ritchie: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 25, 2005, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 12, WHOSE TERM EXPIRES JUNE 30, 2008; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SIXTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2007.
The PRESIDENT recognized Senator McConnell, Chairman of the Judicial Merit Selection Commission.
Senator McConnell, on behalf of the Judicial Merit Selection Commission, stated that Brian M. Gibbons had been screened, found qualified and placed his name in nomination.
On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Brian M. Gibbons was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Circuit Court Judge, At-Large, Seat 12.
Senator McConnell, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened, found qualified, and placed their names in nomination: Debra J. Gammons, Frederick A. "Rick" Hoefer II and Thomas A. Russo.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Gammons:
Anderson Courson Jackson McConnell Reese Ritchie Thomas
The following named Senators voted for Hoefer:
Alexander Drummond Hayes Hutto Knotts Lourie Malloy Pinckney Richardson Setzler Sheheen Smith, J. V.
The following named Senators voted for Russo:
Bryant Campsen Cleary Cromer Elliott Fair Grooms Hawkins Land Leatherman Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Ryberg Scott Verdin Williams
On motion of Rep. SCOTT, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Gammons:
Allen Bales Brown, J. Brown, R. Emory Funderburk Govan Hines, J. Hosey McLeod Rutherford Scott Skelton
The following named Representatives voted for Hoefer:
Agnew Altman Anderson Ballentine Barfield Bingham Bowers Brady Breeland Brown, G. Cobb-Hunter Coleman Cooper Cotty Delleney Hagood Haley Hardwick Harrison Hines, M. Howard Huggins Jennings Kennedy Lee Lucas Mack Martin McCraw McGee Miller Neal, J.H. Neal, J.M. Norman Ott Phillips Sandifer Simrill Sinclair Smith, G.M. Smith, J.E. Talley Thompson Toole Townsend Weeks Whipper
The following named Representatives voted for Russo:
Anthony Bailey Battle Branham Cato Ceips Chalk Chellis Clark Clemmons Clyburn Dantzler Davenport Duncan Edge Frye Hamilton Harrell Haskins Hayes Herbkersman Hinson Hiott Jefferson Kirsh Leach Limehouse Littlejohn Loftis Mahaffey Merrill Neilson Owens Parks Perry Pinson Pitts, E. Pitts, M. Rhoad Rice Scarborough Smith, D.C. Smith, G.R. Smith, J.R. Smith, W.D. Stewart Taylor Umphlett Vaughn Vick Viers Walker White Whitmire Young
Total number of Senators voting 41
Total number of Representatives voting 115
Grand Total 156
Necessary to a choice 79
Of which Gammons received 20
Of which Hoefer received 59
Of which Russo received 77
Whereupon, the President announced that none of the candidates having received the necessary vote, the Joint Assembly proceeded to the next ballot.
Rep. JENNINGS stated that Debra J. Gammons had withdrawn from the race.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Hoefer:
Alexander Anderson Courson Drummond Hayes Hutto Jackson Knotts Lourie Malloy Pinckney Richardson Setzler Sheheen Smith, J. V.
The following named Senators voted for Russo:
Bryant Campsen Cleary Cromer Elliott Fair Grooms Hawkins Land Leatherman Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Reese Ryberg Scott Thomas Verdin Williams
On motion of Rep. SCOTT, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Hoefer:
Agnew Allen Altman Bales Ballentine Barfield Bingham Bowers Brady Breeland Brown, G. Brown, R. Cobb-Hunter Coleman Cooper Cotty Delleney Emory Funderburk Hagood Haley Hardwick Harrison Hines, J. Hines, M. Hosey Howard Huggins Jennings Kennedy Lee Lucas Mack McCraw McGee McLeod Miller Neal, J.H. Neal, J.M. Norman Ott Phillips Sandifer Scott Simrill Sinclair Smith, G.M. Smith, J.E. Thompson Toole Townsend Weeks Whipper
The following named Representatives voted for Russo:
Anderson Anthony Bailey Battle Branham Brown, J. Cato Ceips Chalk Chellis Clark Clemmons Clyburn Dantzler Davenport Duncan Edge Frye Govan Hamilton Harrell Haskins Hayes Herbkersman Hinson Hiott Jefferson Kirsh Leach Limehouse Littlejohn Loftis Mahaffey Martin Merrill Neilson Owens Parks Perry Pinson Pitts, E. Pitts, M. Rhoad Rice Rutherford Scarborough Skelton Smith, D.C. Smith, G.R. Smith, J.R. Smith, W.D. Stewart Taylor Umphlett Vaughn Vick Viers Walker White Whitmire Young
Total number of Senators voting 40
Total number of Representatives voting 114
Grand Total 154
Necessary to a choice 78
Of which Hoefer received 68
Of which Russo received 86
Whereupon, the PRESIDENT announced that Thomas A. Russo was duly elected for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:30 p.m. the House resumed, the SPEAKER PRO TEMPORE in the Chair.
Rep. LEACH moved that the House recede until 1:45 p.m., which was agreed to.
At 1:45 p.m. the House resumed, the SPEAKER PRO TEMPORE in the Chair.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following Act, the pending question being the consideration of vetoes:
(R73) H. 3716 -- Ways and Means Committee: AN ACT TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 2005; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.
Veto 81. Part 1B, Section 73.17, Statewide Revenue, page 453, SR: Increased Enforcement Collections, H18 Francis Marion University, Omega Project, $18,853.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Anthony Bales Barfield Battle Bowers Branham Breeland G. Brown Cato Ceips Chalk Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Duncan Emory Funderburk Hardwick Hayes J. Hines M. Hines Hiott Hosey Jefferson Jennings Kennedy Leach Limehouse Littlejohn Lucas Mack McCraw McGee McLeod J. H. Neal J. M. Neal Ott Perry Phillips Pinson Sandifer Scarborough Scott Skelton J. E. Smith W. D. Smith Taylor Townsend Vaughn Vick Whipper Whitmire Witherspoon
Those who voted in the negative are:
Ballentine Bingham Brady Cotty Dantzler Delleney Edge Frye Hagood Haley Harrell Hinson Huggins Kirsh Mahaffey Merrill Norman E. H. Pitts Rice Simrill Sinclair D. C. Smith G. M. Smith J. R. Smith Stewart Talley Thompson Toole Umphlett White Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 82. Part 1B, Section 73.17, Statewide Revenue, page 453, SR: Increased Enforcement Collections, H18 Francis Marion University, Francis Marion Trail, $110,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Anthony Bales Ballentine Barfield Battle Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Dantzler Edge Emory Funderburk Hardwick Harrell Haskins Hayes J. Hines M. Hines Hinson Hiott Hosey Jefferson Jennings Kennedy Leach Limehouse Littlejohn Loftis Lucas Mack Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Ott Owens Perry Phillips Pinson M. A. Pitts Sandifer Scarborough Scott Simrill Sinclair Skelton J. E. Smith J. R. Smith W. D. Smith Stewart Taylor Townsend Umphlett Vaughn Vick Weeks Whipper Whitmire Young
Those who voted in the negative are:
Bailey Bingham Brady Cotty Delleney Duncan Frye Hagood Haley Huggins Kirsh Mahaffey Norman E. H. Pitts Rice D. C. Smith G. M. Smith Talley Thompson Toole White
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 83. Part 1B, Section 73.17, Statewide Revenue, page 453, SR: Increased Enforcement Collections, H27 University of South Carolina - Columbia, Poison Control Center, $200,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bales Ballentine Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Haskins Hayes J. Hines M. Hines Hinson Hiott Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee Merrill Miller J. H. Neal J. M. Neal Ott Owens Parks Perry Phillips Pinson E. H. Pitts Rhoad Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Talley Taylor Thompson Toole Townsend Umphlett Vaughn Vick Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Bailey Norman Rice Stewart
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
I missed the vote on Veto No. 83 and would have voted to override. I was in a conference with Senator Cromer regarding postponing the implementation of reassessment in Newberry County.
Rep. Walt McLeod
Veto 84. Part 1B, Section 73.17, Statewide Revenue, page 453, SR: Increased Enforcement Collections, H27 University of South Carolina - Columbia, Augusta Baker Chair for Childhood Literacy, $1,500,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bales Ballentine Barfield Battle Bowers Brady Branham Breeland G. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Edge Emory Funderburk Govan Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Howard Huggins Jefferson Jennings Kennedy Leach Limehouse Littlejohn Lucas Mack Martin McCraw McGee McLeod Miller J. H. Neal J. M. Neal Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Scarborough Scott Sinclair Skelton D. C. Smith J. E. Smith J. R. Smith W. D. Smith Taylor Thompson Townsend Umphlett Vaughn Vick Viers Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Bingham Duncan Frye Hagood Haley Hamilton Kirsh Mahaffey Merrill Norman E. H. Pitts Simrill G. M. Smith G. R. Smith Stewart Talley Toole
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 85. Part 1B, Section 73.17, Statewide Revenue, page 453, SR: Increased Enforcement Collections, H12 Clemson University, Call Me Mister, $1,300,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bailey Bales Ballentine Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Duncan Emory Funderburk Govan Hagood Haley Hardwick Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hiott Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Lucas Mack Mahaffey Martin McCraw McGee McLeod Miller J. H. Neal J. M. Neal Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Scarborough Scott Sinclair Skelton D. C. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Talley Thompson Townsend Umphlett Vaughn Vick Viers Weeks Whipper White Whitmire Witherspoon
Those who voted in the negative are:
Bingham Delleney Edge Merrill Norman E. H. Pitts Simrill G. M. Smith Stewart Toole
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 86. Part 1B, Section 73.17, Statewide Revenue, page 453, SR: Increased Enforcement Collections, H47 Winthrop University, Thurmond College of Business Administration, $1,000,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bales Battle Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coleman Cooper Dantzler Davenport Delleney Emory Funderburk Govan Harrell Harrison Haskins Hayes J. Hines M. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Mack Mahaffey Martin McCraw McGee Miller J. H. Neal J. M. Neal Ott Owens Parks Perry Phillips Pinson Rhoad Rice Scarborough Scott Simrill Sinclair Skelton D. C. Smith J. E. Smith J. R. Smith W. D. Smith Talley Taylor Townsend Vaughn Viers Whipper White Whitmire Young
Those who voted in the negative are:
Bailey Ballentine Bingham Brady Cotty Duncan Edge Frye Hagood Haley Hardwick Herbkersman Loftis Lucas Merrill Norman E. H. Pitts M. A. Pitts G. M. Smith Stewart Thompson Toole Weeks
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 87. Part 1B, Section 73.17, Statewide Revenue, page 453, SR: Increased Enforcement Collections, E24 Adjutant General's Office, Air Guard, $100,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bailey Bales Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Edge Emory Frye Funderburk Govan Haley Hamilton Hardwick Harrell Haskins Herbkersman J. Hines M. Hines Hiott Hosey Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Lucas Mack Mahaffey Martin McCraw McLeod Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Sandifer Scarborough Scott Simrill Skelton G. M. Smith J. E. Smith J. R. Smith Taylor Thompson Toole Townsend Umphlett Vaughn Vick Viers Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Duncan Hagood Hinson Merrill Norman Sinclair D. C. Smith G. R. Smith W. D. Smith Stewart Talley
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
I was with a constituent outside the Chamber during the vote on Veto No. 87. I would have voted to sustain the veto.
Rep. Nathan Ballentine
Veto 88. Part 1B, Section 73.17, Statewide Revenue, page 453, SR: Increased Enforcement Collections, U12 Department of Transportation, Mass Transit, $1,300,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Anderson Bailey Bales Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Dantzler Davenport Edge Emory Funderburk Govan Hamilton Hardwick Harrell Harrison Haskins Hayes J. Hines M. Hines Hinson Hosey Jefferson Jennings Kennedy Leach Limehouse Littlejohn Mack Martin McCraw McLeod Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Scarborough Scott Skelton G. R. Smith J. E. Smith J. R. Smith Taylor Townsend Vaughn Vick Viers Weeks Whipper Whitmire Witherspoon
Those who voted in the negative are:
Agnew Bingham Cotty Delleney Duncan Frye Hagood Haley Hiott Kirsh Loftis Lucas Mahaffey McGee Merrill Norman E. H. Pitts Sandifer Simrill Sinclair D. C. Smith G. M. Smith W. D. Smith Stewart Thompson Toole Umphlett White
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
I was with a constituent outside the Chamber during the vote on Veto No. 88. I would have voted to sustain the veto.
Rep. Nathan Ballentine
Veto 89. Part 1B, Section 73.17, Statewide Revenue, page 453, SR: Increased Enforcement Collections, F03 Budget and Control Board, Geodetic Mapping, $250,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bales Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Govan Haley Hamilton Hardwick Harrell Harrison Hayes Herbkersman J. Hines M. Hines Hiott Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Lucas Mack Mahaffey Martin McCraw McGee McLeod Miller J. M. Neal Neilson Ott Parks Perry Phillips E. H. Pitts M. A. Pitts Rhoad Scott Simrill Sinclair Skelton J. E. Smith J. R. Smith Stewart Thompson Toole Townsend Vaughn Vick Viers Walker Weeks Whipper White Whitmire Witherspoon
Those who voted in the negative are:
Hagood Haskins Hinson Limehouse Merrill Norman Pinson Rice D. C. Smith G. M. Smith G. R. Smith W. D. Smith Talley Umphlett
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
I was with a constituent outside the Chamber during the vote on Veto No. 89. I would have voted to sustain the veto.
Rep. Nathan Ballentine
Veto 90. Part 1B, Section 73.17, Statewide Revenue, page 453, SR: Increased Enforcement Collections, F03 Budget and Control Board, Maritime Collection Maintenance and Security, $100,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Anderson Anthony Bales Barfield Battle Bingham Bowers Branham Breeland J. Brown R. Brown Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Edge Emory Frye Govan Hardwick Harrell Harrison Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Jefferson Jennings Kennedy Leach Limehouse Littlejohn Lucas Mack Martin McCraw McGee McLeod Miller J. H. Neal J. M. Neal Ott Owens Perry Phillips Pinson M. A. Pitts Rhoad Sandifer Scott Simrill Skelton J. E. Smith J. R. Smith Taylor Vaughn Vick Viers Whipper Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Ballentine Brady Cato Cotty Duncan Funderburk Haley Hamilton Haskins Huggins Kirsh Mahaffey Merrill Neilson Norman E. H. Pitts Rice Scarborough Sinclair D. C. Smith G. M. Smith G. R. Smith W. D. Smith Stewart Talley Thompson Toole Umphlett Walker Weeks White
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 91. Part 1B, Section 73.17, Statewide Revenue, page 453, SR: Increased Enforcement Collections, P28 Dept. of Parks, Recreation and Tourism, Competitive Grants Program, $56,727.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bailey Bales Barfield Battle Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Davenport Edge Emory Funderburk Govan Hamilton Hardwick Harrell Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Jefferson Jennings Kirsh Leach Littlejohn Lucas Mack Mahaffey Martin McCraw McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips M. A. Pitts Rhoad Rice Scott Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Taylor Thompson Townsend Umphlett Vaughn Vick Viers Walker Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Ballentine Bingham Brady Cotty Delleney Duncan Frye Hagood Haley Huggins Limehouse McGee Norman E. H. Pitts Sandifer Scarborough Simrill Sinclair D. C. Smith W. D. Smith Stewart Talley Toole
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 92. Part 1B, Section 73.17, Statewide Revenue, page 453, SR: Increased Enforcement Collections, P28 Dept. of Parks, Recreation and Tourism, European Advertising, $1,000,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Dantzler Davenport Edge Emory Funderburk Govan Hamilton Hardwick Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kennedy Leach Limehouse Loftis Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Sandifer Scarborough Scott Sinclair Skelton G. R. Smith J. E. Smith J. R. Smith W. D. Smith Taylor Thompson Toole Townsend Umphlett Vaughn Vick Viers Walker Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Delleney Duncan Frye Hagood Kirsh Lucas Norman E. H. Pitts Simrill D. C. Smith G. M. Smith Stewart Talley
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
I was away from my desk during the vote on Veto No. 92. I would have voted to sustain the veto.
Rep. Nathan Ballentine
I was dealing with a constituent during the vote on Veto No. 92. I would have voted to sustain the veto.
Rep. Nikki Haley
Veto 93. Part IB, Section 73, Section 73.18, page 455, Line 6, H03, Commission Higher Education, Greenville University Center, $800,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Altman Anderson Anthony Bales Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown Cato Ceips Chalk Chellis Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Edge Emory Funderburk Govan Hamilton Hardwick Harrell Haskins Hayes J. Hines M. Hines Hinson Hiott Hosey Jefferson Jennings Kennedy Leach Limehouse Littlejohn Loftis Mack Mahaffey McCraw Miller J. H. Neal J. M. Neal Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Sandifer Scott Sinclair Skelton G. R. Smith J. E. Smith J. R. Smith Talley Taylor Townsend Vaughn Vick Walker Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Ballentine Bingham R. Brown Delleney Duncan Hagood Haley Herbkersman Kirsh Lucas McGee McLeod Merrill Neilson Norman E. H. Pitts Scarborough Simrill D. C. Smith G. M. Smith Stewart Thompson Toole Umphlett Weeks
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 94. Part IB, Section 73, Section 73.18, page 455, Line 8, J04, Department of Health and Environmental Control, Beach Renourishment Trust Fund, $5,000,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clemmons Cobb-Hunter Coleman Cooper Dantzler Davenport Edge Emory Funderburk Govan Haley Hardwick Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Howard Huggins Jefferson Jennings Kennedy Leach Limehouse Littlejohn Loftis Mack Mahaffey Martin McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Pinson M. A. Pitts Rhoad Rice Sandifer Scarborough Scott Simrill Skelton G. R. Smith J. E. Smith J. R. Smith W. D. Smith Taylor Toole Townsend Umphlett Vaughn Vick Viers Weeks Whipper Whitmire Witherspoon Young
Those who voted in the negative are:
Cotty Delleney Duncan Kirsh Lucas Norman E. H. Pitts Sinclair D. C. Smith G. M. Smith Stewart Talley Thompson Walker White
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 95. Part IB, Section 73, Section 73.18, page 455, Line 9, H51, Medical University of South Carolina, Nursing Clinical Teaching Lab, $1,500,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Barfield Battle Bingham Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Clark Clemmons Cobb-Hunter Coleman Cooper Cotty Davenport Delleney Edge Emory Funderburk Govan Hamilton Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Howard Huggins Jefferson Jennings Kennedy Leach Limehouse Littlejohn Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill J. H. Neal J. M. Neal Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Scarborough Scott Simrill Sinclair Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Toole Townsend Umphlett Vaughn Vick Viers Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Ballentine Duncan Frye Hagood Haley Kirsh Norman E. H. Pitts D. C. Smith Stewart Talley Thompson Walker
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 96. Part IB, Section 73, Section 73.18, page 455, Line 11, H63, Department of Education, SC Alliance of Boys & Girls Clubs, Inc., $1,000,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clemmons Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Edge Emory Funderburk Govan Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hiott Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Lucas Mack Mahaffey Martin McCraw McGee McLeod Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson Rhoad Rice Sandifer Scarborough Scott Simrill Sinclair Skelton G. M. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Taylor Thompson Townsend Umphlett Vaughn Vick Viers Walker Weeks White Whitmire Witherspoon Young
Those who voted in the negative are:
Bingham Duncan Frye Hagood Hinson Merrill Norman E. H. Pitts M. A. Pitts D. C. Smith G. R. Smith Talley Toole
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 97. Part 1B, Section 73, Section 73.18, page 455, Line 12, J04, Department of Health and Environmental Control, Competitive Grants, 2,800,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Barfield Battle Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Dantzler Davenport Emory Funderburk Govan Hamilton Hardwick Harrell Hayes J. Hines M. Hines Hinson Hiott Hosey Jefferson Jennings Kennedy Leach Littlejohn Mack Martin McCraw McGee McLeod Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Sandifer Scarborough Scott Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Taylor Thompson Townsend Vick Viers Walker Weeks Whipper White Whitmire Witherspoon
Those who voted in the negative are:
Ballentine Bingham Brady Cotty Delleney Duncan Frye Haley Huggins Kirsh Limehouse Lucas Merrill Norman E. H. Pitts Simrill Sinclair D. C. Smith W. D. Smith Stewart Talley Toole Umphlett Young
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 98. Part IB, Section 73, Section 73.18, page 455, Line 13, P28, Department of Parks, Recreation & Tourism, Competitive Grants, $3,000,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Battle Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clyburn Cobb-Hunter Cooper Davenport Emory Funderburk Govan Hagood Hamilton Hardwick Harrell Hayes J. Hines M. Hines Hinson Hiott Hosey Howard Jefferson Kirsh Leach Littlejohn Lucas Mack Martin McCraw McLeod Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips M. A. Pitts Rhoad Rice Sandifer Scarborough Scott Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Taylor Thompson Townsend Umphlett Vick Viers Walker Weeks White Whitmire Witherspoon Young
Those who voted in the negative are:
Ballentine Bingham Brady Cotty Duncan Frye Haley Limehouse Mahaffey McGee Norman Simrill Sinclair D. C. Smith W. D. Smith Stewart Talley Toole
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 99. Part 1B, Section 73, Section 73.18, page 455, Line 14, Department of Commerce, a) Competitive Grants, $500,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bales Barfield Battle Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Cobb-Hunter Coleman Cooper Cotty Funderburk Govan Hamilton Hardwick Harrell Hayes J. Hines M. Hines Hinson Hiott Hosey Howard Huggins Jefferson Jennings Kennedy Littlejohn Mack McCraw McLeod Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Sandifer Scott Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Taylor Thompson Townsend Vick Viers Walker Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Bailey Ballentine Bingham Brady Duncan Emory Frye Hagood Haley Kirsh Leach Limehouse Loftis Lucas Mahaffey McGee Merrill Norman E. H. Pitts Scarborough Simrill Sinclair D. C. Smith W. D. Smith Stewart Talley Toole Umphlett
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 100. Part IB, Section 73, Section 73.18, page 455, Line 16, F03, Budget and Control Board, a) Competitive Grants, $3,000,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bales Barfield Battle Bowers Branham Breeland G. Brown J. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Dantzler Davenport Emory Funderburk Govan Hamilton Hardwick Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Howard Jefferson Jennings Kennedy Leach Littlejohn Lucas Mack Martin McCraw McLeod Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Phillips M. A. Pitts Rhoad Rice Sandifer Scott Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Taylor Thompson Townsend Vick Viers Walker Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Bailey Ballentine Bingham Brady Cotty Delleney Duncan Frye Hagood Haley Huggins Kirsh Limehouse Mahaffey McGee Merrill Norman Pinson E. H. Pitts Scarborough Simrill Sinclair D. C. Smith W. D. Smith Stewart Talley Toole Umphlett
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 101. Part IB, Section 73, Section 73.18, page 455, Line 16, F03, Budget and Control Board, b) Morris Island Lighthouse, $500,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Altman Anderson Anthony Bales Barfield Battle Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Duncan Edge Emory Funderburk Govan Hagood Hardwick Harrell Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Jefferson Jennings Leach Limehouse Littlejohn Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Ott Parks Perry Phillips Pinson M. A. Pitts Rhoad Sandifer Scarborough Scott Simrill Sinclair Skelton J. E. Smith Taylor Umphlett Vaughn Vick Viers Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Bailey Ballentine Bingham Brady Clark Delleney Frye Haley Hamilton Harrison Hiott Huggins Kirsh Lucas Mahaffey Neilson Norman Owens E. H. Pitts Rice D. C. Smith G. M. Smith G. R. Smith Stewart Thompson Toole Townsend Walker
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 102. Part IB, Section 73, Section 73.18, page 455, Line 16, F03, Budget and Control Board, d) Expansion of Heritage Corridor, $500,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bales Barfield Battle Bowers Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Emory Funderburk Govan Hagood Hamilton Hardwick Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Howard Jefferson Jennings Kennedy Leach Limehouse Littlejohn Mack Martin McCraw McLeod Miller J. M. Neal Ott Parks Perry Phillips Pinson M. A. Pitts Rhoad Scarborough Scott Skelton J. E. Smith J. R. Smith Taylor Townsend Umphlett Vaughn Vick Viers Weeks White Whitmire Young
Those who voted in the negative are:
Bailey Ballentine Bingham Brady Edge Frye Haley Harrison Kirsh Lucas Mahaffey McGee Merrill Neilson Norman Owens E. H. Pitts Rice Sandifer Simrill Sinclair D. C. Smith G. M. Smith G. R. Smith Stewart Talley Thompson Toole Walker
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 103. Part IB, Section 73, Section 73.18, page 455, Line 18, L04, Department of Social Services, b) The Lacy House, $200,000.
Rep. HARRELL spoke against the Veto.
Rep. HARRELL continued speaking.
Rep. HARRELL continued speaking.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Barfield Battle Bowers Branham Breeland G. Brown J. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Davenport Edge Emory Frye Funderburk Govan Hardwick Harrell Hayes M. Hines Hinson Hiott Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Norman Owens Parks Perry Phillips Pinson E. H. Pitts Rhoad Rice Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith J. E. Smith J. R. Smith Taylor Umphlett Vaughn Vick Viers Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Ballentine Bingham Brady Delleney Duncan Hagood Haley Hamilton Harrison Haskins G. M. Smith G. R. Smith W. D. Smith Stewart Talley Thompson Toole Walker
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 104. Part IB, Section 73, Section 73.18, page 455, Line 18, L04, Department of Social Services, a) Children in Crisis, $500,000.
Rep. COOPER spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coleman Cooper Dantzler Davenport Delleney Edge Emory Haley Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kennedy Kirsh Limehouse Littlejohn Lucas Mack Mahaffey McCraw McGee Merrill Miller J. M. Neal Neilson Norman Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Scarborough Scott Simrill Sinclair Skelton J. E. Smith J. R. Smith Taylor Umphlett Vick Viers Weeks Whipper White Witherspoon Young
Those who voted in the negative are:
Bingham Duncan Hagood Hamilton Sandifer D. C. Smith G. M. Smith G. R. Smith W. D. Smith Stewart Talley Thompson Toole
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 105. Part IB, Section 73, Section 73.18, page 455, Line 19, Budget and Control Board, City of Florence Downtown Redevelopment, $1,000,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Altman Anderson Anthony Bailey Bales Barfield Battle Bowers Branham Breeland G. Brown Ceips Chalk Clyburn Coleman Cooper Davenport Funderburk Harrell Hayes J. Hines M. Hines Hiott Hosey Howard Jennings Kennedy Littlejohn Lucas Mack Martin McCraw McGee Miller J. M. Neal Neilson Ott Owens Phillips Rhoad Sandifer Scarborough Skelton G. M. Smith J. E. Smith W. D. Smith Townsend Vick Viers Weeks Whipper White Whitmire
Those who voted in the negative are:
Agnew Ballentine Bingham Brady J. Brown Cato Chellis Clark Cotty Dantzler Delleney Duncan Edge Emory Frye Hagood Haley Hamilton Hardwick Harrison Haskins Herbkersman Hinson Huggins Kirsh Leach Limehouse Loftis Mahaffey Merrill Norman Perry Pinson E. H. Pitts M. A. Pitts Rice Scott Simrill Sinclair D. C. Smith G. R. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Umphlett Witherspoon Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 106. Part IB, Section 73, Section 73.18, page 456, Line 21, J02, Department of Health and Human Services, Health Care Information & Referral Network, $111,858.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Barfield Battle Bowers Brady Branham G. Brown J. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coleman Dantzler Davenport Edge Emory Funderburk Hamilton Hardwick Harrell Hayes Herbkersman Hosey Howard Jennings Kirsh Leach Littlejohn Mahaffey Martin McCraw McGee Miller J. H. Neal J. M. Neal Neilson Ott Parks Perry Phillips Pinson M. A. Pitts Rhoad Sandifer Scarborough Scott Simrill Skelton J. E. Smith Taylor Townsend Vaughn Vick Viers Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Ballentine Bingham Delleney Frye Hagood Haley Hinson Hiott Huggins Lucas Merrill Norman Owens E. H. Pitts Rice Sinclair D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Thompson Toole Umphlett
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 107. Part IB, Section 73, Section 73.18, page 456, Line 22, H18, Francis Marion University, Center for the Child, Construction, $2,000,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Barfield Battle Bowers Branham G. Brown J. Brown R. Brown Ceips Chalk Chellis Clemmons Clyburn Coleman Cooper Dantzler Davenport Edge Funderburk Govan Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines Hiott Hosey Howard Jefferson Jennings Kennedy Leach Limehouse Littlejohn Lucas Mack Mahaffey Martin McCraw McGee J. H. Neal Neilson Ott Owens Parks Perry Phillips Rhoad Rice Sandifer Scott Simrill Sinclair Skelton D. C. Smith J. E. Smith J. R. Smith W. D. Smith Townsend Umphlett Vaughn Vick Viers Walker Weeks Whipper Whitmire Witherspoon Young
Those who voted in the negative are:
Ballentine Bingham Brady Cato Clark Delleney Duncan Frye Hagood Haley Hamilton Hinson Huggins Kirsh Merrill Norman E. H. Pitts M. A. Pitts Scarborough G. M. Smith G. R. Smith Stewart Talley Thompson Toole White
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 108. Part IB, Section 73, Section 73.18, page 456, Line 23, H59, State Board for Technical and Comprehensive Education, Spartanburg Technical College - Cherokee Expansion, $2,000,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bailey Bales Barfield Battle Bowers Branham G. Brown J. Brown R. Brown Ceips Chalk Chellis Clemmons Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Edge Emory Funderburk Govan Hardwick Harrell Harrison Haskins Hayes J. Hines M. Hines Hinson Hiott Hosey Howard Jennings Kennedy Kirsh Leach Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips M. A. Pitts Rhoad Rice Sandifer Scarborough Scott Sinclair Skelton J. E. Smith J. R. Smith W. D. Smith Talley Taylor Townsend Vaughn Vick Viers Walker Weeks White Whitmire Witherspoon Young
Those who voted in the negative are:
Ballentine Bingham Brady Cato Clark Duncan Frye Hagood Haley Hamilton Herbkersman Huggins Limehouse Merrill Norman E. H. Pitts Simrill D. C. Smith G. M. Smith G. R. Smith Stewart Thompson Toole Umphlett
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 109. Part IB, Section 73, Section 73.18, page 456, Line 24, E24, Adjutant General, State Guard Other Operating Expenses, $200,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bales Barfield Battle Bingham Bowers Brady Branham G. Brown J. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Edge Emory Frye Govan Hamilton Hardwick Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kennedy Leach Limehouse Littlejohn Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Phillips Pinson E. H. Pitts Rhoad Rice Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith Taylor Thompson Toole Townsend Umphlett Vick Viers Walker Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Bailey Ballentine Duncan Hagood Haley Norman M. A. Pitts Talley
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 110. Part IB, Section 73, Section 73.18, page 456, Line 26, F03, Budget and Control Board, Maritime Collection Maintenance & Security, $75,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Altman Anderson Anthony Bales Barfield Battle Bingham Bowers Branham G. Brown J. Brown R. Brown Ceips Chalk Chellis Clemmons Clyburn Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Edge Emory Hardwick Harrell Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Jefferson Jennings Kennedy Leach Limehouse Littlejohn Lucas Mack Martin McCraw McGee Merrill Miller J. H. Neal J. M. Neal Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Scarborough Simrill Sinclair Skelton J. E. Smith J. R. Smith Taylor Townsend Vaughn Vick Viers Weeks Whipper Whitmire Young
Those who voted in the negative are:
Agnew Bailey Ballentine Brady Cato Clark Cotty Duncan Frye Funderburk Haley Hamilton Haskins Huggins Kirsh Mahaffey Neilson Norman Ott E. H. Pitts Scott D. C. Smith G. M. Smith G. R. Smith W. D. Smith Stewart Talley Thompson Toole Umphlett Walker White Witherspoon
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 111. Part IB, Section 73, Section 73.18, page 456, Line 30, J02, Department of Health & Human Services, Rural Hospital Grants, $3,000,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bales Barfield Bingham Bowers Brady Branham G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coleman Cooper Cotty Dantzler Delleney Duncan Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Hayes Herbkersman J. Hines Hinson Hiott Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Lucas Mack Martin McCraw McGee Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Scarborough Scott Sinclair Skelton D. C. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Taylor Thompson Toole Townsend Umphlett Vaughn Vick Viers Weeks Whipper White Whitmire Witherspoon
Those who voted in the negative are:
Bailey Ballentine Norman Sandifer Simrill G. R. Smith Stewart Talley Walker Young
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
I did not vote on Veto No. 111 and would have voted to override. I was outside the Chamber in the Joint Conference Room conferring on a matter.
Rep. Walt McLeod
Veto 112. Part IB, Section 73, Section 73.18, page 456, Line 31, F03, Commission on Higher Education, Statewide Electronic Library, $2,000,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bales Ballentine Barfield Battle Bowers Brady Branham J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Emory Govan Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines Hinson Hiott Hosey Howard Huggins Jennings Kennedy Kirsh Limehouse Littlejohn Lucas Mack Mahaffey Martin McCraw McGee Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson Rhoad Rice Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Talley Taylor Thompson Townsend Vaughn Vick Viers Weeks White Whitmire Witherspoon
Those who voted in the negative are:
Bailey Bingham Cotty Duncan Edge Frye Hagood Leach Loftis Merrill Norman E. H. Pitts M. A. Pitts Stewart Toole Umphlett Walker Young
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 113. Part IB, Section 73, Section 73.18, page 456, Line 32, P28, Department of Parks, Recreation & Tourism, Heritage Corridor/Willington on the Way, $350,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Barfield Bowers Branham Breeland G. Brown J. Brown R. Brown Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Cooper Dantzler Davenport Edge Emory Funderburk Govan Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hosey Howard Jefferson Jennings Kennedy Leach Littlejohn Loftis Mack Martin McCraw McGee McLeod Miller J. H. Neal J. M. Neal Ott Owens Parks Perry Phillips Pinson M. A. Pitts Sandifer Scarborough Scott Skelton D. C. Smith J. E. Smith J. R. Smith W. D. Smith Taylor Townsend Umphlett Vaughn Vick Weeks Whipper White Whitmire
Those who voted in the negative are:
Bailey Ballentine Bingham Cato Cotty Delleney Duncan Frye Hagood Haley Hamilton Hinson Hiott Huggins Kirsh Lucas Mahaffey Merrill Neilson Norman E. H. Pitts Rice Simrill Sinclair G. M. Smith Stewart Talley Thompson Toole Viers Walker Young
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 114. Part IB, Section 73, Section 73.18, page 456, Line 35, P32, Department of Commerce, I-26/I-95 Corridor Project, $950,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Barfield Bowers Breeland J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Dantzler Davenport Edge Funderburk Govan Harrell Hayes Herbkersman J. Hines M. Hines Hosey Howard Jefferson Jennings Kennedy Limehouse Littlejohn Mack Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips M. A. Pitts Sandifer Scarborough Scott Sinclair Skelton J. E. Smith J. R. Smith Taylor Townsend Umphlett Vick Viers Weeks Whipper White Whitmire Young
Those who voted in the negative are:
Ballentine Bingham Brady Cotty Delleney Duncan Frye Hagood Haley Hamilton Hardwick Harrison Haskins Hiott Huggins Kirsh Leach Loftis Lucas Mahaffey Norman E. H. Pitts Rice Simrill D. C. Smith G. M. Smith G. R. Smith W. D. Smith Stewart Talley Thompson Toole Vaughn Walker Witherspoon
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 115. Part IB, Section 73, Section 73.18, page 456, Line 36, R36, Department of Labor, Licensing and Regulation, Fire Academy - Local Needs Equipment, $50,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Bales Barfield Battle Bowers Branham Breeland J. Brown Ceips Clyburn Davenport Delleney Funderburk Govan Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hosey Howard Jefferson Jennings Kennedy Littlejohn Lucas Mack Mahaffey Martin McCraw McGee McLeod Miller J. H. Neal J. M. Neal Ott Parks M. A. Pitts Sandifer Scott Sinclair J. E. Smith Thompson Townsend Vaughn Vick Weeks Whipper White Whitmire
Those who voted in the negative are:
Anthony Bailey Ballentine Bingham Brady R. Brown Cato Chellis Clark Clemmons Coleman Cooper Cotty Dantzler Duncan Edge Frye Hagood Haley Hamilton Hardwick Harrison Hinson Hiott Huggins Kirsh Leach Limehouse Loftis Merrill Neilson Norman Owens Perry Phillips E. H. Pitts Rice Scarborough D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Toole Umphlett Viers Walker Witherspoon Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 116. Part IB, Section 73, Section 73.18, page 456, Line 37, H87, State Library, Williamsburg County Children's Library, $450,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Barfield Battle Bowers Branham Breeland G. Brown J. Brown R. Brown Ceips Chalk Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Davenport Emory Funderburk Govan Hardwick Harrell Haskins Hayes J. Hines M. Hines Hinson Hiott Hosey Howard Jefferson Jennings Kennedy Kirsh Leach Littlejohn Lucas Mack Martin McCraw McGee McLeod Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips M. A. Pitts Rice Sandifer Scott Sinclair Skelton J. E. Smith J. R. Smith Townsend Umphlett Vaughn Vick Weeks Whipper White Whitmire Young
Those who voted in the negative are:
Ballentine Bingham Brady Cato Chellis Cotty Delleney Duncan Edge Frye Hagood Haley Hamilton Harrison Herbkersman Huggins Limehouse Loftis Mahaffey Merrill Norman E. H. Pitts Scarborough D. C. Smith G. M. Smith G. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Viers Walker Witherspoon
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 117. Part IB, Section 73, Section 73.18, page 456, Line 39, H36, University of South Carolina - Beaufort, Penn Center, $500,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Barfield Battle Bowers Brady Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Cobb-Hunter Coleman Cooper Dantzler Davenport Emory Funderburk Govan Hardwick Harrell Harrison Hayes Herbkersman J. Hines M. Hines Hiott Hosey Howard Jefferson Jennings Kennedy Leach Limehouse Littlejohn Loftis Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson Rice Scarborough Scott Sinclair Skelton D. C. Smith J. E. Smith J. R. Smith Taylor Townsend Umphlett Vaughn Vick Viers Weeks Whipper White Whitmire Young
Those who voted in the negative are:
Ballentine Bingham Clark Cotty Delleney Duncan Edge Frye Hagood Haley Hamilton Huggins Kirsh Lucas Norman E. H. Pitts Sandifer G. M. Smith G. R. Smith Stewart Talley Thompson Toole Walker Witherspoon
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 118. Part IB, Section 73, Section 73.18, page 456, Line 40, H59, State Board for Technical and Comprehensive Education, Florence-Darlington Technical College - Mullins Satellite Campus, $350,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Barfield Battle Bowers Breeland G. Brown J. Brown R. Brown Cato Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Emory Funderburk Govan Harrell Harrison Haskins Hayes J. Hines M. Hines Hinson Hiott Hosey Howard Jefferson Jennings Kennedy Leach Limehouse Littlejohn Lucas Mack Mahaffey Martin McCraw McGee McLeod Miller J. H. Neal J. M. Neal Neilson Ott Parks Perry Phillips Pinson Rice Scott Sinclair Skelton J. E. Smith J. R. Smith W. D. Smith Taylor Townsend Vaughn Vick Viers Weeks Whipper White Whitmire Young
Those who voted in the negative are:
Ballentine Bingham Brady Cotty Duncan Edge Frye Hagood Haley Hamilton Huggins Kirsh Loftis Merrill Norman Owens E. H. Pitts Sandifer Scarborough D. C. Smith G. M. Smith G. R. Smith Stewart Talley Thompson Toole Umphlett Walker Witherspoon
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 119. Part IB, Section 73, Section 73.18, page 456, Line 41, P28, Department of Parks, Recreation & Tourism, Repair and Maintenance to the Francis Marion Tomb, $50,000.
Rep. HARRELL spoke in favor of the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Anthony Bales Battle Bowers Branham R. Brown Ceips Coleman Davenport Funderburk Hayes Herbkersman M. Hines Howard Jefferson Jennings Kennedy Littlejohn Mack Martin McCraw McGee McLeod Miller Phillips Rice Scarborough Vick Whipper
Those who voted in the negative are:
Altman Anderson Bailey Ballentine Barfield Bingham Brady Breeland Cato Chalk Chellis Clark Clemmons Clyburn Cooper Cotty Dantzler Delleney Duncan Edge Emory Frye Govan Hagood Haley Hamilton Hardwick Harrell Harrison Haskins J. Hines Hinson Hiott Hosey Huggins Kirsh Leach Limehouse Loftis Lucas Mahaffey Merrill J. H. Neal J. M. Neal Neilson Norman Ott Owens Perry Pinson E. H. Pitts Sandifer Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Viers Walker Weeks White Whitmire Witherspoon Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 120. Part IB, Section 73, Section 73.18, page 456, Line 42, D10, Governor's Office-State Law Enforcement Division, Marlboro County Sheriff's Department Building, $250,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Barfield Battle Bowers Branham Breeland J. Brown R. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Edge Emory Funderburk Govan Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hiott Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Lucas Mack Mahaffey McCraw McGee McLeod Miller J. H. Neal J. M. Neal Neilson Ott Parks Phillips Pinson M. A. Pitts Rice Sandifer Scarborough Scott Simrill Sinclair Skelton G. M. Smith J. E. Smith J. R. Smith W. D. Smith Taylor Thompson Townsend Umphlett Vaughn Vick Viers Walker Weeks Whipper White Whitmire Witherspoon
Those who voted in the negative are:
Ballentine Bingham Clark Cotty Duncan Frye Hagood Hinson Loftis Merrill Norman Owens E. H. Pitts D. C. Smith G. R. Smith Stewart Toole
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 121. Part IB, Section 73, Section 73.18, page 456, Line 53, H37, University of South Carolina - Lancaster, Deferred Maintenance, $100,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Barfield Battle Bowers Brady Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Emory Funderburk Govan Hamilton Hardwick Harrell Harrison Hayes M. Hines Hinson Hiott Hosey Howard Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rice Sandifer Scarborough Scott Sinclair Skelton D. C. Smith G. M. Smith J. E. Smith J. R. Smith Taylor Thompson Townsend Umphlett Vaughn Vick Viers Walker Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Ballentine Bingham Frye Hagood Haley Huggins Norman E. H. Pitts Simrill G. R. Smith Talley Toole
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 122. Part IB, Section 73, Section 73.18, page 457, Line 43, P28, Department of Parks, Recreation & Tourism, Walhalla Civic Auditorium, $250,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Govan Hamilton Hardwick Harrell Harrison Hayes J. Hines M. Hines Hinson Hiott Hosey Howard Huggins Jefferson Jennings Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Taylor Thompson Toole Townsend Umphlett Vaughn Vick Viers Walker Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Hagood Norman
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
I was away from my desk for the vote on Veto No. 122. I would have voted to sustain the veto.
Rep. Nathan Ballentine
Veto 123. Part IB, Section 73, Section 73.18, page 457, Line 44, P28, Department of Parks, Recreation & Tourism, Battle of Camden Land Acquisition, $200,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Edge Emory Govan Hagood Hamilton Hardwick Harrell Harrison Haskins Hayes J. Hines M. Hines Hinson Hiott Hosey Howard Jefferson Jennings Kennedy Leach Limehouse Littlejohn Lucas Mack Martin McCraw McGee McLeod Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rice Sandifer Scarborough Scott Simrill Sinclair Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Taylor Thompson Townsend Umphlett Vaughn Vick Weeks Whipper Whitmire Young
Those who voted in the negative are:
Ballentine Bingham Duncan Frye Haley Huggins Kirsh Mahaffey Merrill Norman E. H. Pitts D. C. Smith Talley Toole Walker White Witherspoon
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Out of an abundance of caution, I did not vote or participate in any open discussion on Veto 123.
Rep. Laurie Slade Funderburk
Veto 124. Part IB, Section 73, Section 73.18, page 457, Line 45, H24, South Carolina State University, Program Enhancement and Deferred Maintenance, $1,500,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Emory Funderburk Govan Hamilton Hardwick Harrell Haskins Hayes J. Hines M. Hines Hinson Hiott Hosey Howard Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Lucas Mack Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson M. A. Pitts Sandifer Scarborough Scott Sinclair Skelton D. C. Smith J. E. Smith J. R. Smith Talley Taylor Thompson Townsend Umphlett Vaughn Vick Weeks Whipper White Wilkins Witherspoon Young
Those who voted in the negative are:
Ballentine Bingham Frye Hagood Haley Huggins Mahaffey Norman E. H. Pitts Rice Simrill G. R. Smith Toole Walker
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
On Veto No. 124, concerning S.C. State, I voted to sustain. I intended to vote to override.
Rep. Rex Rice
Veto 125. Part IB, Section 73, Section 73.18, page 457, Line 46, H09, The Citadel, Deferred Maintenance, $500,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Altman Anderson Anthony Bailey Bales Barfield Battle Bowers Brady Branham Breeland J. Brown R. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Duncan Edge Emory Funderburk Govan Hamilton Hardwick Harrell Hayes J. Hines M. Hines Hinson Hiott Hosey Howard Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rice Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith J. R. Smith Talley Taylor Thompson Townsend Umphlett Vaughn Vick Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Ballentine Bingham Frye Hagood Haley Huggins Mahaffey Norman E. H. Pitts G. R. Smith Toole Walker
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 126. Part IB, Section 73, Section 73.18, page 457, Line 47, H12, Clemson University, Engineering Research Centers, $408,728.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Haskins Hayes J. Hines Hinson Hiott Hosey Howard Huggins Jefferson Jennings Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith J. E. Smith J. R. Smith W. D. Smith Talley Taylor Thompson Umphlett Vaughn Vick Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Frye Norman E. H. Pitts G. M. Smith G. R. Smith Toole Walker
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 127. Part I B, Section 73, Section 73.18, page 457, Line 48, H12, Clemson University, Deferred Maintenance, $400,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Anderson Bailey Bales Barfield Battle Bowers Brady Branham G. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Funderburk Govan Hamilton Hardwick Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Howard Jefferson Jennings Kirsh Leach Limehouse Littlejohn Lucas Mack Martin McCraw McGee McLeod Merrill Miller J. M. Neal Owens Parks Perry Phillips M. A. Pitts Rhoad Rice Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Talley Taylor Thompson Umphlett Vick Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Anthony Ballentine Bingham Frye Hagood Haley Huggins Mahaffey Norman E. H. Pitts G. R. Smith Toole Walker
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
On Veto No. 127 I voted "nay". I intended to vote "yea" to override the veto.
Rep. Mike Anthony
Veto 128. Part IB, Section 73, Section 73.18, page 457, Line 49, H17, Coastal Carolina University, Science Building Support, $500,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bales Barfield Battle Bowers Brady Branham G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Cobb-Hunter Coleman Cooper Cotty Davenport Edge Emory Govan Hamilton Hardwick Harrell Haskins Hayes M. Hines Hinson Hiott Hosey Howard Jefferson Jennings Leach Limehouse Mack Mahaffey Martin McCraw McGee Merrill Miller J. H. Neal J. M. Neal Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith J. E. Smith J. R. Smith Taylor Umphlett Vick Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Ballentine Bingham Delleney Duncan Frye Funderburk Hagood Haley Huggins Kirsh Lucas McLeod Norman E. H. Pitts G. M. Smith G. R. Smith Talley Thompson Toole Walker
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 129. Part IB, Section 73, Section 73.18, page 457, Line 50, H21, Lander University, Deferred Maintenance, $1,000,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bailey Bales Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Govan Hamilton Hardwick Harrell Haskins Hayes J. Hines M. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kennedy Leach Limehouse Littlejohn Loftis Lucas Mack Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Rutherford Sandifer Scarborough Scott Sinclair Skelton D. C. Smith G. M. Smith J. E. Smith J. R. Smith Talley Taylor Thompson Umphlett Vaughn Vick Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Ballentine Bingham Hagood Haley Kirsh Mahaffey Norman E. H. Pitts Simrill G. R. Smith Toole Walker
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 130. Part IB, Section 73, Section 73.18, page 457, Line 51, H27, University of South Carolina, Deferred Maintenance, $475,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bailey Bales Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Funderburk Govan Hamilton Hardwick Harrell Haskins Hayes J. Hines M. Hines Hinson Hiott Hosey Howard Jefferson Jennings Kennedy Leach Limehouse Littlejohn Loftis Lucas Mack Martin McCraw McGee McLeod Merrill J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips M. A. Pitts Rhoad Rice Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Talley Taylor Thompson Umphlett Vaughn Vick Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Ballentine Bingham Frye Hagood Haley Kirsh Mahaffey Norman E. H. Pitts G. R. Smith Toole
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 131. Part IB, Section 73, Section 73.18, page 457, Line 52, H29, University of South Carolina - Aiken, Deferred Maintenance, $250,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bales Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Funderburk Govan Hamilton Hardwick Harrell Haskins Hayes J. Hines M. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Leach Limehouse Littlejohn Lucas Mack Martin McCraw McLeod Merrill J. H. Neal J. M. Neal Ott Owens Parks Perry Phillips M. A. Pitts Rhoad Rice Rutherford Sandifer Scarborough Scott Sinclair Skelton D. C. Smith G. M. Smith J. R. Smith W. D. Smith Talley Taylor Thompson Umphlett Vaughn Vick Weeks Whipper White Whitmire Wilkins Witherspoon
Those who voted in the negative are:
Ballentine Bingham Frye Hagood Haley Mahaffey Norman E. H. Pitts G. R. Smith Toole Walker
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 132. Part IB, Section 73, Section 73.18, page 457, Line 54, H38, University of South Carolina - Salkehatchie, Deferred Maintenance, $100,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bailey Bales Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Duncan Edge Funderburk Govan Hamilton Hardwick Harrell Haskins Hayes J. Hines M. Hines Hinson Hiott Hosey Howard Jefferson Jennings Kennedy Leach Limehouse Loftis Mack Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith J. R. Smith W. D. Smith Talley Thompson Umphlett Vaughn Vick Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Ballentine Bingham Delleney Frye Hagood Haley Huggins Lucas Mahaffey Norman E. H. Pitts G. R. Smith Toole Walker
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 133. Part IB, Section 73, Section 73.18, page 457, Line 55, H39, University of South Carolina - Sumter, Deferred Maintenance, $250,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bailey Bales Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Funderburk Govan Hamilton Hardwick Harrell Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Howard Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Rutherford Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith G. M. Smith J. E. Smith J. R. Smith Talley Taylor Thompson Umphlett Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Ballentine Bingham Frye Hagood Haley Haskins Huggins Mahaffey Norman E. H. Pitts G. R. Smith Toole
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 134. Part IB, Section 73, Section 73.18, page 457, Line 56, H40, University of South Carolina- Union, Deferred Maintenance, $100,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bailey Bales Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Funderburk Govan Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Jefferson Jennings Kirsh Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Rutherford Scarborough Scott Simrill Skelton D. C. Smith G. M. Smith J. R. Smith W. D. Smith Talley Taylor Thompson Umphlett Vaughn Vick Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Ballentine Bingham Frye Hagood Haley Huggins Norman E. H. Pitts G. R. Smith Toole
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 135. Part IB, Section 73, Section 73.18, page 457, Line 57, H59, State Board for Technical and Comprehensive Education, Deferred Maintenance a) Aiken Technical College, $100,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bailey Bales Battle Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Funderburk Govan Hamilton Hardwick Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Jefferson Jennings Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Owens Parks Perry Phillips M. A. Pitts Rice Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith J. R. Smith W. D. Smith Taylor Thompson Umphlett Vaughn Vick Weeks Whipper White Whitmire Witherspoon
Those who voted in the negative are:
Ballentine Bingham Frye Hagood Haley Norman E. H. Pitts Toole
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 136. Part IB, Section 73, Section 73.18, page 457, Line 57, H59, State Board for Technical and Comprehensive Education, Deferred Maintenance b) Central Carolina Technical College, $100,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bailey Bales Barfield Battle Bowers Brady Branham G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Funderburk Govan Hamilton Hardwick Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith J. E. Smith J. R. Smith Taylor Thompson Umphlett Vaughn Vick Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Ballentine Bingham Frye Hagood Haley Norman E. H. Pitts G. R. Smith Toole
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 137. Part IB, Section 73, Section 73.18, page 457, Line 57, H59, State Board for Technical and Comprehensive Education, Deferred Maintenance c) Denmark Technical College, $100,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bailey Bales Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Funderburk Govan Hamilton Hardwick Harrell Haskins Hayes Herbkersman J. Hines Hinson Hiott Hosey Jefferson Jennings Limehouse Littlejohn Loftis Lucas Mack Mahaffey McCraw McGee McLeod Merrill Miller J. M. Neal Neilson Ott Owens Parks Perry Phillips M. A. Pitts Rhoad Rice Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith J. E. Smith J. R. Smith Taylor Thompson Umphlett Vaughn Vick Weeks Whipper White Wilkins Witherspoon
Those who voted in the negative are:
Ballentine Bingham Frye Hagood Haley Norman E. H. Pitts Toole
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 138. Part IB, Section 73, Section 73.18, page 457, Line 57, H59, State Board for Technical and Comprehensive Education, Deferred Maintenance d) Florence-Darlington Technical College, $100,000.
Rep. COOPER spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bailey Bales Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Funderburk Govan Hamilton Hardwick Haskins Herbkersman J. Hines M. Hines Hinson Hiott Hosey Howard Jefferson Jennings Kennedy Kirsh Leach Limehouse Lucas Mack Mahaffey Martin McGee Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips M. A. Pitts Rice Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith J. R. Smith Taylor Thompson Umphlett Vaughn Vick Weeks Whipper White Whitmire Witherspoon
Those who voted in the negative are:
Ballentine Bingham Frye Hagood Haley Norman E. H. Pitts Toole
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
I was out of the Chamber during the vote on Veto No. 138. I would have voted to override the veto had I been present in the Chamber for the vote.
Rep. Bobby Harrell
Veto 139. Part IB, Section 73, Section 73.18, page 457, Line 57, H59, State Board for Technical and Comprehensive Education, Deferred Maintenance e) Greenville Technical College, $100,000.
Rep. COOPER spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bailey Bales Barfield Battle Bowers Brady Breeland G. Brown J. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Funderburk Govan Hamilton Hardwick Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Howard Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee McLeod Merrill Miller J. M. Neal Ott Owens Parks Perry Phillips M. A. Pitts Rhoad Rice Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. R. Smith J. E. Smith J. R. Smith Taylor Thompson Umphlett Vaughn Vick Walker Whipper White Whitmire Wilkins Witherspoon
Those who voted in the negative are:
Ballentine Bingham Frye Hagood Haley Huggins Norman E. H. Pitts G. M. Smith Toole Weeks
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
I was out of the Chamber during the vote on Veto No. 139. I would have voted to override the veto had I been present in the Chamber for the vote.
Rep. Bobby Harrell
Veto 140. Part IB, Section 73, Section 73.18, page 457, Line 57, H59, State Board for Technical and Comprehensive Education, Deferred Maintenance f) Horry-Georgetown Technical College, $100,000.
Rep. COOPER spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bailey Bales Barfield Battle Bowers Brady Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Cooper Cotty Dantzler Delleney Duncan Edge Emory Funderburk Govan Hamilton Hardwick Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Howard Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Rutherford Scarborough Scott Sinclair Skelton D. C. Smith J. E. Smith J. R. Smith W. D. Smith Taylor Thompson Umphlett Vaughn Vick Weeks Whipper White Whitmire Wilkins Witherspoon
Those who voted in the negative are:
Ballentine Bingham Frye Hagood Haley Norman E. H. Pitts G. M. Smith G. R. Smith Toole
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 141. Part IB, Section 73, Section 73.18, page 457, Line 57, H59, State Board for Technical and Comprehensive Education, Deferred Maintenance g) Midlands Technical College, $100,000.
Rep. COOPER spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Bales Barfield Battle Bowers Brady G. Brown J. Brown R. Brown Ceips Chalk Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Davenport Duncan Edge Emory Funderburk Govan Hardwick Harrell Harrison Hayes Herbkersman M. Hines Hosey Howard Jefferson Jennings Kennedy Kirsh Mack Martin McCraw McGee McLeod J. H. Neal J. M. Neal Neilson Ott Parks Rhoad Rice Rutherford Sandifer Scott Simrill Skelton J. E. Smith Taylor Weeks Whipper White Wilkins
Those who voted in the negative are:
Anderson Anthony Bailey Ballentine Bingham Cato Chellis Dantzler Delleney Frye Hagood Haley Hamilton Haskins J. Hines Hinson Hiott Huggins Leach Limehouse Littlejohn Loftis Lucas Mahaffey Merrill Miller Norman Owens Perry Phillips Pinson E. H. Pitts Scarborough Sinclair D. C. Smith G. M. Smith J. R. Smith Talley Thompson Toole Umphlett Vaughn Vick Walker Witherspoon
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 142. Part IB, Section 73, Section 73.18, page 457, Line 57, H59, State Board for Technical and Comprehensive Education, Deferred Maintenance h) Northeastern Technical College, $100,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bailey Bales Barfield Battle Bowers Brady Branham G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Funderburk Govan Hamilton Hardwick Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith J. E. Smith J. R. Smith W. D. Smith Taylor Thompson Umphlett Vick Walker Weeks Whipper White Wilkins Witherspoon
Those who voted in the negative are:
Ballentine Bingham Frye Hagood Norman E. H. Pitts G. M. Smith G. R. Smith Toole
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 143. Part IB, Section 73, Section 73.18, page 457, Line 57, H59, State Board for Technical and Comprehensive Education, Deferred Maintenance i) Piedmont Technical College, $100,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bales Barfield Battle Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Coleman Cooper Cotty Dantzler Delleney Duncan Edge Emory Funderburk Govan Hamilton Hardwick Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Howard Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith J. E. Smith J. R. Smith W. D. Smith Taylor Umphlett Vaughn Vick Walker Weeks Whipper White Wilkins Witherspoon
Those who voted in the negative are:
Ballentine Bingham Frye Hagood Haley Huggins Norman E. H. Pitts G. M. Smith G. R. Smith Thompson
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 144. Part IB, Section 73, Section 73.18, page 457, Line 57, H59, State Board for Technical and Comprehensive Education, Deferred Maintenance j) Technical College of the Lowcountry, $100,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bales Barfield Battle Bowers Brady Branham Breeland J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coleman Cooper Dantzler Delleney Edge Emory Funderburk Govan Hamilton Hardwick Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Lucas Mack Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips M. A. Pitts Rhoad Rice Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Taylor Thompson Vaughn Vick Weeks Whipper White Wilkins Witherspoon
Those who voted in the negative are:
Ballentine Bingham Frye Hagood Haley Norman E. H. Pitts G. R. Smith
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 145. Part IB, Section 73, Section 73.18, page 457, Line 57, H59, State Board for Technical and Comprehensive Education, Deferred Maintenance k) Tri-County Technical College, $100,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bales Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Funderburk Govan Hamilton Hardwick Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Howard Jefferson Jennings Kennedy Kirsh Leach Littlejohn Loftis Lucas Mack Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith J. E. Smith J. R. Smith Taylor Thompson Umphlett Vaughn Vick Walker Weeks Whipper White Whitmire Wilkins Witherspoon
Those who voted in the negative are:
Ballentine Bingham Frye Hagood Haley Norman E. H. Pitts G. R. Smith Toole
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 146. Part IB, Section 73, Section 73.18, page 457, Line 57, H59, State Board for Technical and Comprehensive Education, Deferred Maintenance l) Trident Technical College, $100,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Barfield Battle Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Funderburk Govan Hamilton Hardwick Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Martin McCraw McGee McLeod Merrill Miller J. M. Neal Neilson Ott Owens Perry Phillips Pinson M. A. Pitts Rhoad Rice Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith J. E. Smith J. R. Smith Taylor Thompson Vaughn Vick Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Ballentine Bingham Frye Hagood Haley Norman E. H. Pitts G. M. Smith G. R. Smith Toole
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 147. Part IB, Section 73, Section 73.18, page 457, Line 57, H59, State Board for Technical and Comprehensive Education, Deferred Maintenance m) Williamsburg Technical College, $100,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Funderburk Govan Hamilton Hardwick Harrell Harrison Haskins Hayes J. Hines M. Hines Hinson Hiott Hosey Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson Rhoad Rice Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith J. E. Smith J. R. Smith W. D. Smith Taylor Thompson Umphlett Vaughn Vick Walker Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Ballentine Bingham Frye Hagood Haley Herbkersman Norman E. H. Pitts G. M. Smith G. R. Smith Talley Toole
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 148. Part IB, Section 73, Section 73.18, page 457, Line 57, H59, State Board for Technical and Comprehensive Education, Deferred Maintenance n) York Technical College, $100,000.
Rep. COOPER spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Anthony Bales Barfield Brady Breeland G. Brown J. Brown Chalk Clark Clemmons Clyburn Cooper Cotty Davenport Delleney Duncan Emory Funderburk Govan Hamilton Hardwick Harrell Harrison Herbkersman M. Hines Kirsh Littlejohn Lucas Mack Martin McCraw McGee McLeod J. M. Neal Ott Perry Phillips M. A. Pitts Rhoad Rice Simrill Sinclair Skelton D. C. Smith G. M. Smith J. R. Smith Taylor Thompson Vick Whitmire
Those who voted in the negative are:
Altman Anderson Bailey Ballentine Battle Bingham Branham Cato Ceips Chellis Coleman Dantzler Edge Frye Hagood Haley Haskins Hayes J. Hines Hinson Hiott Hosey Jefferson Jennings Kennedy Leach Limehouse Loftis Mahaffey Merrill Miller Neilson Norman Owens Pinson E. H. Pitts Rutherford Scarborough Scott G. R. Smith J. E. Smith Talley Toole Umphlett Vaughn Walker Weeks Whipper White Witherspoon Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 149. Part IB, Section 73, Section 73.18, page 457, Line 58, H59, State Board for Technical and Comprehensive Education, Special Schools, $3,000,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coleman Cooper Davenport Duncan Edge Emory Frye Funderburk Govan Hagood Hamilton Hardwick Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Huggins Jefferson Kennedy Kirsh Leach Limehouse Littlejohn Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. M. Neal Neilson Ott Owens Parks Perry Phillips E. H. Pitts M. A. Pitts Rhoad Rice Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Talley Taylor Thompson Toole Umphlett Vaughn Vick Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Ballentine Haley Norman
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The motion of Rep. KENNEDY to reconsider the vote whereby Veto No. 14 was sustained was taken up.
Rep. HARRELL moved to adjourn debate on the motion to reconsider, which was agreed to.
The motion of Rep. KENNEDY to reconsider the vote whereby Veto No. 15 was sustained was taken up.
Rep. HARRELL moved to adjourn debate on the motion to reconsider, which was agreed to.
The motion of Rep. KENNEDY to reconsider the vote whereby Veto No. 16 was sustained was taken up.
Rep. HARRELL moved to adjourn debate on the motion to reconsider, which was agreed to.
The motion of Rep. WITHERSPOON to reconsider the vote whereby Veto No. 23 was sustained was taken up.
Rep. HARRELL moved to adjourn debate on the motion to reconsider, which was agreed to.
The motion of Rep. COTTY to reconsider the vote whereby Veto No. 46 was sustained was taken up.
Rep. HARRELL moved to adjourn debate on the motion to reconsider, which was agreed to.
The Veto on the following Act was taken up:
(R74) H. 3717 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.
Rep. HARRELL explained the Veto.
Veto 1. Section 1; page 1; Item 4(B); State Department of Education; Governor's School for the Arts; Deferred Maintenance; $775,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Edge Emory Funderburk Govan Hamilton Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson Rhoad Rice Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton G. M. Smith G. R. Smith J. R. Smith Taylor Umphlett Vaughn Vick Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Ballentine Bingham Duncan Frye Hagood Haley Norman E. H. Pitts M. A. Pitts D. C. Smith Talley Thompson Toole Walker
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 2. Section 1; page 1; Item 4(C); State Department of Education; Governor's School - Math and Science; Deferred Maintenance; $775,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Funderburk Govan Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Lucas Mack Martin McCraw McGee McLeod Miller J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson Rhoad Rice Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton G. M. Smith G. R. Smith J. R. Smith Taylor Thompson Umphlett Vaughn Weeks White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Ballentine Bingham Duncan Frye Hagood Haley Mahaffey Norman E. H. Pitts M. A. Pitts D. C. Smith Talley Toole Walker
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 3. Section 1; page 2; Item 9; Board of Technical and Comprehensive Education; Orangeburg Technical College; $2,000,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Barfield Battle Bowers Branham Breeland G. Brown J. Brown R. Brown Ceips Chalk Chellis Clark Clyburn Coleman Cooper Cotty Dantzler Davenport Delleney Govan Hamilton Hardwick Harrell Hayes J. Hines M. Hines Hinson Hiott Hosey Jefferson Kennedy Kirsh Leach Limehouse Littlejohn Lucas Mack Mahaffey Martin McCraw McGee McLeod Miller Neilson Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Rutherford Scarborough Scott Simrill Sinclair Skelton D. C. Smith J. R. Smith W. D. Smith Taylor Umphlett Vaughn Vick Weeks Whipper White Whitmire Wilkins Young
Those who voted in the negative are:
Ballentine Bingham Duncan Frye Hagood Huggins Loftis Norman E. H. Pitts G. M. Smith G. R. Smith Talley Thompson Toole Walker
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 4. Section 1; page 2; Item 13; State Museum; Imagine Nation: Children's Museum of the Upstate; $1,200,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coleman Cooper Cotty Dantzler Davenport Delleney Edge Emory Funderburk Govan Hamilton Hardwick Harrell Harrison Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Mahaffey Martin McCraw McGee McLeod Merrill Miller J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. R. Smith J. R. Smith W. D. Smith Umphlett Vaughn Vick Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Ballentine Bingham Duncan Frye Hagood Haley Lucas Mack Norman E. H. Pitts G. M. Smith Talley Thompson Toole Walker
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 5. Section 1; page 2; Item 14(A); Department of Parks, Recreation & Tourism; Charlestown Landing; $7,000,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Altman Anderson Anthony Bailey Bales Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coleman Cooper Cotty Dantzler Davenport Delleney Edge Emory Funderburk Govan Hamilton Hardwick Harrell Harrison Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Jefferson Jennings Kennedy Leach Limehouse Littlejohn Lucas Mahaffey McCraw McGee McLeod Merrill Miller J. M. Neal Neilson Ott Owens Parks Perry Phillips M. A. Pitts Rhoad Rice Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton G. M. Smith G. R. Smith J. R. Smith Taylor Umphlett Vaughn Vick Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Agnew Ballentine Bingham Duncan Frye Hagood Haley Norman E. H. Pitts D. C. Smith Talley Thompson Toole Walker
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 6. Section 1; page 2; Item 14(B); Department of Parks, Recreation & Tourism; Reedy River-Bike and Walking Trail; $500,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bales Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coleman Cooper Cotty Dantzler Davenport Delleney Edge Emory Funderburk Govan Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hiott Hosey Jefferson Kennedy Leach Limehouse Littlejohn Loftis Mack Mahaffey Martin McCraw McGee McLeod Miller J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton G. R. Smith J. E. Smith J. R. Smith Taylor Umphlett Vaughn Vick Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Bailey Ballentine Bingham Duncan Frye Hagood Haley Hamilton Kirsh Lucas Norman E. H. Pitts D. C. Smith G. M. Smith Talley Thompson Walker
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 7. Section 1; page 2; Item 15; Department of Archives & History; Old Exchange Building; $850,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Edge Emory Funderburk Govan Hardwick Harrell Harrison Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Taylor Umphlett Vaughn Vick Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Ballentine Bingham Duncan Frye Hagood Huggins Lucas Norman E. H. Pitts D. C. Smith Talley Thompson Toole Walker
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 8. Section 1; page 2; Item 19; Clemson-PSA; Baruch Institute; $5,000,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Funderburk Govan Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. M. Neal Neilson Ott Owens Parks Phillips Pinson M. A. Pitts Rhoad Rice Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith J. E. Smith J. R. Smith Taylor Thompson Umphlett Vaughn Vick Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Bingham Frye Hagood Norman E. H. Pitts G. M. Smith G. R. Smith Talley Walker
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 9. Section 1; page 3; Item 29(A); University of South Carolina-Columbia; Gambrell Hall Repairs; $500,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Barfield Battle Bowers Brady Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Funderburk Govan Hardwick Harrell Harrison Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Miller J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith J. E. Smith J. R. Smith W. D. Smith Taylor Thompson Umphlett Vaughn Vick Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Ballentine Bingham Frye Hagood Haley Merrill Norman E. H. Pitts G. M. Smith G. R. Smith Talley Walker
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 10. Section 1; page 3; Item 29(B); University of South Carolina-Columbia; West-Campus Safety Improvements; $400,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Clark Clemmons Coleman Cooper Cotty Davenport Delleney Duncan Edge Emory Funderburk Govan Hamilton Hardwick Harrell Harrison Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kennedy Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith J. E. Smith J. R. Smith W. D. Smith Taylor Thompson Umphlett Vaughn Vick Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Bingham Frye Hagood Haley Norman E. H. Pitts G. M. Smith G. R. Smith Talley Toole Walker
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 11. Section 1; page 3; Item 29(C); University of South Carolina-Columbia; Steamline Replacement-Repair; $500,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Funderburk Govan Hamilton Hardwick Harrell Harrison Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Jefferson Jennings Kennedy Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Rutherford Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith J. E. Smith J. R. Smith W. D. Smith Taylor Thompson Umphlett Vaughn Vick Weeks Whipper White Whitmire Wilkins Young
Those who voted in the negative are:
Ballentine Bingham Frye Hagood Haley Huggins Norman E. H. Pitts G. M. Smith G. R. Smith Talley Toole Walker
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 12. Section 1; page 3; Item 30, State Board for Technical and Comprehensive Education; York-Technical College - Infrastructure Project; $522,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Funderburk Govan Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Rutherford Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith J. E. Smith J. R. Smith W. D. Smith Taylor Thompson Umphlett Vaughn Vick Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Ballentine Bingham Hagood Haley Huggins Norman E. H. Pitts G. M. Smith G. R. Smith Talley Toole Walker
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 13. Section 1; page 3; Item 28(A); Budget & Control Board; SCEIS; $5,500,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coleman Cooper Cotty Dantzler Davenport Delleney Edge Emory Funderburk Govan Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Jefferson Jennings Kirsh Leach Littlejohn Loftis Mack Martin McCraw Miller J. M. Neal Neilson Ott Parks Perry Phillips Pinson M. A. Pitts Rutherford Sandifer Simrill Skelton G. R. Smith J. E. Smith J. R. Smith W. D. Smith Taylor Vaughn Vick Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Ballentine Bingham Duncan Frye Hagood Haley Huggins Limehouse Lucas Mahaffey McLeod Merrill Norman Owens E. H. Pitts Rice Scarborough Sinclair D. C. Smith G. M. Smith Talley Thompson Toole Umphlett Walker
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 14. Section 1; page 2; Item 5(B); Department of Social Services; Greenville Urban League; $86,000.
Rep. HARRELL spoke against the Veto.
The question was put, shall the Item 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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bales Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Emory Funderburk Govan Hardwick Harrell Harrison Haskins Hayes J. Hines M. Hines Hinson Hosey Jefferson Kennedy Leach Limehouse Loftis Mack Martin McCraw McGee McLeod Miller J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson Rhoad Rice Rutherford Sandifer Scarborough Skelton D. C. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Taylor Umphlett Vaughn Vick Weeks Whipper Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Bailey Ballentine Bingham Clark Delleney Duncan Edge Frye Hagood Haley Herbkersman Hiott Huggins Kirsh Littlejohn Lucas Mahaffey Merrill Norman E. H. Pitts M. A. Pitts Simrill Sinclair G. M. Smith Talley Thompson Toole Walker White
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Senate amendments to the following Bill were taken up for consideration:
S. 145 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-390, TO PROVIDE THAT NO MORE THAN ONE ARKANSAS BLUE CATFISH OVER THIRTY-FOUR INCHES MAY BE TAKEN FROM THE WATERS OF LAKES MARION AND MOULTRIE BY ANY ONE PERSON IN ONE DAY, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO COMMERCIAL AS WELL AS RECREATIONAL FISHERMEN.
Rep. WITHERSPOON moved to adjourn debate upon the Senate Amendments until Tuesday, May 31, which was agreed to.
The SPEAKER granted Rep. BALLENTINE a leave of absence for the remainder of the day.
The Senate amendments to the following Bill were taken up for consideration:
H. 3932 (Word version) -- Reps. Harrell, Wilkins and Chellis: A BILL TO AMEND AND REENACT CERTAIN PROVISIONS OF SECTION 11-41-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE SPECIFIC DEFINITIONS; TO AMEND SECTION 11-41-40, RELATING TO THE ISSUANCE OF THESE ECONOMIC DEVELOPMENT BONDS, SO AS TO FURTHER PROVIDE FOR THE MANNER OF SUCH ISSUANCE; TO AMEND AND REENACT SECTION 11-41-70, RELATING TO BOND NOTIFICATION AND OTHER REQUIREMENTS FOR THE ISSUANCE OF THESE BONDS, SO AS TO MAKE CONFORMING CHANGES TO THE DEFINITION REVISIONS CONTAINED ABOVE AND TO FURTHER PROVIDE THE TERMS AND CONDITIONS FOR THE ISSUANCE OF THESE BONDS; AND TO PROVIDE FINDINGS OF THE GENERAL ASSEMBLY THAT THE FUNDING OF THESE PROJECTS WITH THESE BONDS SERVES A VALID PUBLIC PURPOSE AND BENEFITS THIS STATE WITH SUBSEQUENT ECONOMIC AND EMPLOYMENT BENEFITS.
Rep. HARRELL explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3240 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-40-100 SO AS TO PROVIDE THAT CHAPTER 40 OF TITLE 46 RELATING TO THE GRAIN DEALERS GUARANTY FUND IS REPEALED UPON CERTIFICATION BY THE COMMISSIONER OF AGRICULTURE THAT ALL LOANS RECEIVED BY THE GUARANTY FUND FROM THE STATE INSURANCE RESERVE FUND HAVE BEEN PAID IN FULL.
Rep. WITHERSPOON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3694 (Word version) -- Reps. Miller, Cotty, Anderson, Vaughn, Clark, Neilson, Altman, Battle, G. Brown, Davenport, Edge, Frye, Hagood, Hamilton, Rivers, Sinclair, D. C. Smith and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170 ENACTING THE "GAMBLING CRUISE PROHIBITION ACT" SO AS TO PROHIBIT GAMBLING OR THE REPAIR OF GAMBLING DEVICES ON A VESSEL IN A VOYAGE THAT BEGINS AND ENDS WITHIN THIS STATE, TO PROHIBIT THE OPERATION OF A VESSEL THAT TRANSPORTS PERSONS TO ANOTHER VESSEL FOR THE PURPOSE OF GAMBLING IF BOTH THE TRANSPORTING VESSEL AND THE VESSEL ON WHICH A GAMBLING DEVICE IS USED OR REPAIRED BEGINS AND ENDS ITS VOYAGE IN THIS STATE, AND TO PROVIDE DEFINITIONS AND PENALTIES FOR VIOLATION.
Rep. MILLER explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3539 (Word version) -- Reps. Wilkins, Harrison, Harrell, G. M. Smith, Young, Simrill, Cobb-Hunter, Altman, Sinclair, Talley, J. E. Smith, Coleman, Agnew, Whipper, Emory, Hagood, G. R. Smith, Hamilton, Tripp, Loftis and Vaughn: A BILL TO AMEND SECTION 8-13-770, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON MEMBERS OF THE GENERAL ASSEMBLY SERVING ON BOARDS AND COMMISSIONS, SO AS TO ADD THE COMMISSION ON INDIGENT DEFENSE TO THE LIST OF EXCEPTIONS; TO AMEND ARTICLE 3, CHAPTER 3, TITLE 17, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION, TO REVISE THE DUTIES OF THE COMMISSION, THE OFFICE OF INDIGENT DEFENSE, AND THE EXECUTIVE DIRECTOR OF THE OFFICE OF INDIGENT DEFENSE, TO CREATE THE DIVISION OF APPELLATE DEFENSE WITHIN THE OFFICE OF INDIGENT DEFENSE, TO TRANSFER ALL DUTIES, RIGHTS, AND OBLIGATIONS OF THE FORMER COMMISSION AND OFFICE OF APPELLATE DEFENSE TO THE DIVISION OF APPELLATE DEFENSE, TO PROVIDE SPECIFICALLY FOR THE DUTIES AND OPERATION OF THE DIVISION OF APPELLATE DEFENSE, AND TO REPEAL CHAPTER 4, TITLE 17 RELATING TO THE COMMISSION AND OFFICE OF APPELLATE DEFENSE.
Rep. HARRISON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3827 (Word version) -- Reps. Loftis, Edge, R. Brown, Frye, Sandifer, W. D. Smith, Vick, Witherspoon, Davenport, Perry, Mahaffey, Miller and Clemmons: A BILL TO AMEND SECTION 48-39-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PERMIT OR DENY ALTERATION OR UTILIZATION WITHIN AREAS DESIGNATED AS CRITICAL AREAS, SO AS TO DELETE CERTAIN PROVISIONS REQUIRED TO BE STATED ON A SURVEY DELINEATING COASTAL WATERS OR TIDELANDS; TO DELETE A REFERENCE TO CRITICAL AREA LINES AFFECTING SUBDIVIDED RESIDENTIAL LOTS WITH REGARD TO THE THREE YEAR EXPIRATION OF CRITICAL AREA LINES; TO DELETE THE ERODING COASTAL STREAM BANK EXCEPTION TO THE THREE YEAR EXPIRATION OF CRITICAL AREA LINES; AND TO PROVIDE THAT A CRITICAL AREA DELINEATION INCORPORATED OR REFERENCED IN A PERMIT IS VALID FOR THE TERM OF THE PERMIT.
Rep. WITHERSPOON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Concurrent Resolution were taken up for consideration:
H. 3122 (Word version) -- Rep. Govan: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF RUSSELL STREET IN ORANGEBURG FOR JAMES E. SULTON, SR. AND INSTALL APPROPRIATE MARKERS OR SIGNS INDICATING THIS DESIGNATION IN HONOR AND RECOGNITION OF MR. SULTON'S SERVICE AND COMMITMENT TO WORKING WITHIN HIS COMMUNITY.
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
The Senate amendments to the following Joint Resolution were taken up for consideration:
S. 184 (Word version) -- Senators Leatherman, Grooms, Mescher, Williams and McGill: A JOINT RESOLUTION TO CREATE THE FRANCIS MARION TRAIL COMMISSION TO ESTABLISH A HERITAGE AND TOURISM TRAIL HONORING FRANCIS MARION'S REVOLUTIONARY CAMPAIGNS AND TO ESTABLISH THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration:
H. 3006 (Word version) -- Reps. Wilkins, Harrell, W. D. Smith, J. Brown, Cato, Chellis, Harrison, Townsend, Witherspoon, Bailey, G. R. Smith, Vaughn, Davenport, Sandifer, Barfield, Young, Owens, Kirsh, Leach, E. H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Rice, Hinson, Clark, Walker, Bales, Cobb-Hunter, Simrill, Chalk, Duncan, Stewart, Talley, Harvin, J. E. Smith, Altman, Skelton, Mahaffey, Vick, Hagood, Martin, Neilson and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 63 TO TITLE 12 SO AS TO ENACT THE 2005 JOBS CREATION ACT, PROVIDING FOR A CREDIT OF UP TO TWENTY-FIVE PERCENT AGAINST THE STATE INCOME TAX THE AMOUNT INVESTED BY AN INVESTOR IN THE EQUITY, NEAR-EQUITY, OR SEED CAPITAL OF A QUALIFIED BUSINESS, TO DEFINE "QUALIFIED BUSINESS" AND PROVIDE THAT THE COORDINATING COUNCIL OF THE DEPARTMENT OF COMMERCE HAS SOLE DISCRETION TO MAKE DETERMINATIONS OF "QUALIFIED BUSINESS", TO PROVIDE PROCEDURES FOR CLAIMING THE CREDIT INCLUDING ANNUAL REGISTRATION AND FEE PAYMENTS, TO REQUIRE THAT APPLICATIONS INCLUDE INFORMATION AS TO THE APPLICANT'S STATUS AS A SOCIALLY AND ECONOMICALLY DISADVANTAGED BUSINESS, TO PROVIDE FOR REVOCATION OF THE CREDIT AND RECAPTURE OF THE TAX OTHERWISE DUE, AND TO PROVIDE FOR THE RESERVATION OF TWO MILLION DOLLARS OF THE CREDIT CAP FOR CERTAIN CITED RESEARCH AND DEVELOPMENT PROJECTS; BY ADDING ARTICLE 10 TO CHAPTER 37 OF TITLE 33 SO AS TO ESTABLISH A CAPITAL ACCESS PROGRAM PROVIDING FOR FLEXIBILITY IN THE MAKING OF LOANS BY FINANCIAL INSTITUTIONS TO SMALL BUSINESSES WHO FAIL TO QUALIFY FOR CONVENTIONAL OR OTHER GUARANTEED OR ASSISTED FINANCING, AND TO PROVIDE FOR FUNDING OF A LOAN LOSS RESERVE TO REPAY PARTICIPATING FINANCIAL INSTITUTIONS WHO SUFFER A LOSS ON A LOAN, ADMINISTRATION OF THE PROGRAM BY BUSINESS DEVELOPMENT CORPORATION OF SOUTH CAROLINA, GUIDELINES FOR SELECTING LOAN RECIPIENTS, RECORDKEEPING AND REPORTING, AND DISTRIBUTION OF RESERVE FUNDS UPON TERMINATION OF INSTITUTIONAL PARTICIPATION OR THE CAPITAL ACCESS PROGRAM ITSELF; TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LIMITATIONS ON A LOAN TO A CORPORATION BY A MEMBER, SO AS TO PROVIDE FOR REFERENCE TO THE LOAN CALL AGREEMENT AND TO DISALLOW A LOAN WHICH RESULTS IN OBLIGATIONS THAT EXCEED TEN TIMES THE GREATER OF THE NET WORTH OF THE CORPORATION OR THE AMOUNT PAID IN ON OUTSTANDING CAPITAL STOCK; TO AMEND SECTION 33-37-465, RELATING TO A SHORT-TERM LOAN TO A CORPORATION BY A MEMBER, SO AS TO PROVIDE THAT THE LIMITATIONS AND RESTRICTIONS DO NOT APPLY TO A SHORT-TERM LOAN; BY ADDING SECTION 12-2-110 SO AS TO PROVIDE FOR A FIVE-YEAR SUNSET PROVISION FOR TAX INCENTIVES ENACTED AFTER THIS ACT AND FOR EXCEPTIONS AND REVIEW; BY ADDING SECTION 12-6-60 SO AS TO PROVIDE FOR DETERMINATION OF A NEXUS WITH THIS STATE FOR PURPOSES OF INCOME TAX AND CORPORATE LICENSE FEE IN CONNECTION WITH A DISTRIBUTION FACILITY AND TO DEFINE "DISTRIBUTION FACILITY"; BY ADDING SECTION 12-6-3362 SO AS TO PROVIDE FOR A TAX CREDIT IN CONNECTION WITH HEALTH INSURANCE PREMIUMS ASSOCIATED WITH THE HIRING OF NEW EMPLOYEES; BY ADDING SECTION 12-36-2690 SO AS TO PROVIDE FOR DETERMINATION OF A NEXUS WITH THIS STATE FOR SALES AND USE TAX PURPOSES IN CONNECTION WITH A DISTRIBUTION FACILITY AND TO DEFINE "DISTRIBUTION FACILITY"; TO AMEND CHAPTER 62 OF TITLE 12, RELATING TO THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, SO AS TO INCLUDE AN EXEMPTION FROM LOCAL, AS WELL AS STATE, SALES AND USE TAXES, TO DEFINE "EMPLOYEE" FOR PURPOSES OF A FIVE PERCENT REBATE ON ALL TAXABLE WAGES PAID IN CONNECTION WITH AN EMPLOYEE'S WORK ON A MOTION PICTURE AND TO PROVIDE PROCEDURES FOR CLAIMING THE REBATE, TO ALLOW UP TO SEVEN PERCENT OF THE GENERAL FUND PORTION OF ADMISSIONS TAX COLLECTED BY THE STATE AND FUNDED TO THE USE OF THE SOUTH CAROLINA FILM COMMISSION TO BE USED EXCLUSIVELY FOR MARKETING AND SPECIAL EVENTS, AND TO PROVIDE, FURTHER, THAT THE COMMISSION REPORT ANNUALLY TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT ON USE OF ALL ITS FUNDS IN A PUBLIC REPORT, ACCESSIBLE ON ITS WEBSITE; TO AMEND SECTION 12-36-920, AS AMENDED, RELATING TO SALES TAX ON GROSS PROCEEDS FROM RENTALS ON LODGINGS, SO AS TO DELETE A REBATE TO A MOTION PICTURE PRODUCTION COMPANY FOR SALES TAX PAID ON ACCOMMODATIONS; TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO DELETE A REFERENCE TO THE STATE DEVELOPMENT BOARD; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE SALES AND USE TAX, SO AS TO DELETE THE EXEMPTION FOR THE PROCEEDS OF SALES MADE TO A MOTION PICTURE COMPANY; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOBS TAX CREDIT, SO AS TO ALLOW THE CREDIT TO AN EMPLOYER WHO INCREASES EMPLOYMENT BY FIVE, INSTEAD OF TEN, NEW FULL-TIME JOBS; AND TO MAKE THIS ACT APPLICABLE TO TAXABLE YEARS BEGINNING JANUARY 1, 2006.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration:
H. 3235 (Word version) -- Reps. Witherspoon, R. Brown, Clark, Bowers and Mahaffey: A BILL TO AMEND SECTION 49-23-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DROUGHT RESPONSE AND CURTAILMENT OF NONESSENTIAL WATER USE DURING SEVERE OR EXTREME DROUGHT, SO AS TO PROVIDE THAT CERTAIN AGRICULTURAL PURPOSES ARE ALSO CONSIDERED AN ESSENTIAL WATER USE AND ARE EXEMPT FROM THIS MANDATORY CURTAILMENT OF NONESSENTIAL WATER USES.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3110 (Word version) -- Reps. M. A. Pitts, Viers, Taylor, Rice, Witherspoon, Sandifer, Toole, Duncan, Huggins, Tripp, Cato, Walker, Davenport, G. R. Smith, Hamilton, Leach, F. N. Smith, Vaughn, Pinson, E. H. Pitts, Barfield, Clemmons, Owens, Young, Hinson, White, Loftis, Jennings, Hayes, Vick, Hosey, Merrill, Ceips, Bailey, Limehouse, Cooper, Hagood, Mahaffey, Bowers, Ott, Delleney, Talley, Scarborough, Hiott, McGee, J. R. Smith, Altman, Anthony, Umphlett, Hardwick, Townsend, Stewart, Thompson, J. E. Smith, Rutherford, Haley, Ballentine, Rhoad, Agnew, Littlejohn, Parks, Rivers and Chellis: A BILL TO AMEND SECTION 23-31-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE THAT VALID OUT-OF-STATE PERMITS TO CARRY CONCEALABLE WEAPONS HELD BY A RESIDENT OF ANOTHER STATE MUST BE HONORED BY THIS STATE AND TO DELETE THE PROVISION THAT THIS STATE WILL ONLY HONOR OUT-OF-STATE PERMITS ISSUED BY A STATE WITH WHICH SOUTH CAROLINA HAS RECIPROCITY.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration:
H. 3543 (Word version) -- Reps. G. M. Smith and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING "MARY LYNN'S LAW"; BY ADDING SECTION 16-1-130 SO AS TO PROVIDE THAT A PERSON WITH A CURRENT CHARGE OR A PRIOR CONVICTION FOR A VIOLENT OFFENSE, A HARASSMENT OR STALKING OFFENSE, OR A BURGLARY OFFENSE OR A PERSON SUBJECT TO A RESTRAINING ORDER OR VALID ORDER OF PROTECTION MAY NOT BE CONSIDERED FOR A DIVERSION PROGRAM; TO AMEND SECTIONS 16-3-1525 AND 16-3-1530, RELATING TO VICTIM NOTIFICATION, SO AS TO PROVIDE THAT VICTIM NOTIFICATION MAY NOT BE BY ELECTRONIC OR OTHER AUTOMATED COMMUNICATION OR RECORDING AND TO PROVIDE A PROCEDURE FOR NOTIFICATION; TO AMEND ARTICLE 17, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STALKING AND HARASSMENT, SO AS TO REDEFINE STALKING AND HARASSMENT; TO REVISE THE PENALTIES FOR STALKING AND HARASSMENT; TO REQUIRE THAT WHEN A RESTRAINING ORDER IS ISSUED AS A CONDITION OF BOND FOR HARASSMENT OR STALKING, A COPY OF THE RESTRAINING ORDER MUST BE SENT BY THE COURT TO THE VICTIM; TO PROVIDE THAT A TEMPORARY RESTRAINING ORDER GRANTED WITHOUT NOTICE MUST BE ENTERED OF RECORD WITH THE MAGISTRATES COURT; TO PROVIDE THAT THE DURATION OF A TEMPORARY RESTRAINING ORDER IS EXTENDED FROM SIX MONTHS TO ONE YEAR; TO ALLOW LAW ENFORCEMENT OR ANOTHER PERSON TO SIGN A WARRANT FOR A PERSON ENGAGED IN HARASSMENT OR STALKING IN PLACE OF THE VICTIM; TO ALLOW SERVICE OF A RESTRAINING ORDER TO BE MADE BY MAIL RETURN RECEIPT TO THE DEFENDANT'S LAST KNOWN ADDRESS; TO REQUIRE THAT A MENTAL EVALUATION MUST BE MADE BEFORE BAIL IS SET ON A STALKING OR HARASSMENT CHARGE; AND TO REQUIRE THAT THE EVALUATION BE SCHEDULED WITHIN TEN DAYS OF THE ORDER'S ISSUANCE, THAT THE REPORT BE ISSUED WITHIN FORTY-EIGHT HOURS OF EVALUATION, AND THAT THE SOLICITOR ARRANGE FOR A BOND HEARING UPON RECEIPT OF THE REPORT BEFORE A CIRCUIT COURT JUDGE; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO PRISONERS WHO ARE ELIGIBLE TO PARTICIPATE IN WORK RELEASE, SO AS TO PROHIBIT THOSE OFFENDERS CONVICTED OF A VIOLENT OFFENSE, A HARASSMENT OR STALKING OFFENSE, OR A BURGLARY OFFENSE; TO AMEND SECTION 56-1-90, AS AMENDED, RELATING TO REQUIRED INFORMATION NECESSARY TO OBTAIN A DRIVER'S LICENSE AND SECTION 56-1-230, RELATING TO NOTIFICATION OF CHANGE OF ADDRESS, BOTH SO AS TO REQUIRE PROOF OF ADDRESS AND TO PROVIDE EXAMPLES OF SUFFICIENT PROOF.
Rep. G. M. SMITH explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following House Resolution was taken up:
H. 4128 (Word version) -- Reps. Cato, Chellis, Clemmons, Cobb-Hunter, Cooper, Hinson, Kirsh, Norman, Sandifer, Witherspoon, Scott, Duncan, Edge, Harrison, Jennings, Leach, Mack, Ott, Perry, Rice, Scarborough, Talley, Townsend, Tripp, Viers, White and Owens: A HOUSE RESOLUTION TO URGE THE UNITED STATES CONGRESS TO PROVIDE FOR A DOMESTIC ENERGY POLICY THAT WILL ENSURE AN ADEQUATE SUPPLY OF NATURAL GAS WHILE PROMOTING ECONOMIC AND NATIONAL SECURITY FOR THE BENEFIT OF FUTURE GENERATIONS OF AMERICANS.
Whereas, high and volatile prices for natural gas are negatively affecting South Carolina's businesses and manufacturers, contributing to industrial plant closings, higher unemployment and underemployment rates; and
Whereas, more than 60 million American consumers, including nearly 600,000 South Carolinians, have chosen to rely on natural gas, which is the most environmentally friendly fossil fuel, for safe, reliable heat and hot water; and
Whereas, wholesale natural gas prices have more than doubled over the last five years, creating an "energy tax" of more than $66 billion each year on America's natural gas consumers; and
Whereas, the natural gas imbalance is exacerbated by artificial restrictions in development and drilling and by governmental policies that increase demand for natural gas while impeding the development of a greater supply by discouraging domestic exploration and production; and
Whereas, national energy legislation is long overdue; and
Whereas, the most critical cornerstone of such legislation must be to encourage increased exploration and production efforts for domestic natural gas supplies; and
Whereas, utilizing sound environmental stewardship principles, new abundant natural gas frontiers can be developed to meet demand. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives urge the 109th United States Congress to enact legislation that will provide for a domestic energy policy that will ensure an adequate supply of natural gas, including developing the appropriate infrastructure, and that will embrace a concerted national effort to promote greater energy efficiency, producing a political consensus that will open promising new areas for environmentally responsible natural gas production by including measures such as are contained in the proposed federal State Enhanced Authority for Coastal and Offshore Resources Act (SEACOR) or similar legislation to (i) secure states' authority over coastal and offshore resources, (ii) provide an exemption to the moratorium that prevents until 2012 any surveying, exploration, development, or production of potential natural gas deposits in areas off the state's Atlantic shore that are under federal jurisdiction, and (iii) incorporate revenue sharing between the federal and state governments for leasing activity that potentially will provide South Carolina with significant additional sources of revenue.
Be it further resolved that a copy of this resolution be forwarded to the Speaker of the United States House of Representatives, the President of the United States Senate, and the members of the South Carolina Congressional Delegation.
Rep. LEACH explained the Resolution.
The Resolution was adopted.
Rep. CATO moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., May 25, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators Hayes, Jackson and Short of the Committee of Free Conference on the part of the Senate on H. 3499:
H. 3499 (Word version) -- Reps. Harrell, Wilkins, Townsend, Leach, Bales, G. R. Smith, J. R. Smith, Battle, Cobb-Hunter, Neilson, Clark, Harrison, Skelton, Moody-Lawrence, Rice, Harvin, Ott, J. E. Smith, Merrill, Mack, Hinson, Cotty, Norman, Talley, Chellis, Hardwick, Clemmons, Bailey, Dantzler, Walker, Cooper, E. H. Pitts, Ballentine, Bowers, Huggins and Hagood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, ENTITLED PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS, TO TITLE 59 SO AS TO ESTABLISH PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS IN ELEMENTARY SCHOOLS, TO PROVIDE FOR THE AMOUNT OF PHYSICAL EDUCATION INSTRUCTION A STUDENT IN KINDERGARTEN THROUGH FIFTH GRADE MUST RECEIVE EACH WEEK ON A PHASED-IN BASIS, PROVIDE FOR A MEASURE OF EFFECTIVENESS OF THE PHYSICAL EDUCATION PROGRAM IN ALL PUBLIC SCHOOLS, PROVIDE FOR A PHYSICAL EDUCATION ACTIVITY DIRECTOR, PROVIDE CERTAIN NUTRITIONAL STANDARDS FOR ELEMENTARY SCHOOLS, PROVIDE THAT ELEMENTARY SCHOOLS SHALL REMOVE CERTAIN FOOD AND DRINKS FROM VENDING MACHINES, PROVIDE THE MINIMUM AMOUNT OF TIME ELEMENTARY SCHOOL STUDENTS MUST HAVE TO EAT LUNCH, PROVIDE FOR THE ESTABLISHMENT OF A DISTRICT LEVEL AND AN ELEMENTARY SCHOOL LEVEL COORDINATED SCHOOL HEALTH ADVISORY COUNCIL AND PROVIDE ITS POWERS AND DUTIES, PROVIDE FOR NUTRITIONAL EDUCATION, AND PROVIDE A MEASURE OF EFFECTIVENESS OF HEALTH EDUCATION PROGRAMS.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 25, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3499:
H. 3499 (Word version) -- Reps. Harrell, Wilkins, Townsend, Leach, Bales, G. R. Smith, J. R. Smith, Battle, Cobb-Hunter, Neilson, Clark, Harrison, Skelton, Moody-Lawrence, Rice, Harvin, Ott, J. E. Smith, Merrill, Mack, Hinson, Cotty, Norman, Talley, Chellis, Hardwick, Clemmons, Bailey, Dantzler, Walker, Cooper, E. H. Pitts, Ballentine, Bowers, Huggins and Hagood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, ENTITLED PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS, TO TITLE 59 SO AS TO ESTABLISH PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS IN ELEMENTARY SCHOOLS, TO PROVIDE FOR THE AMOUNT OF PHYSICAL EDUCATION INSTRUCTION A STUDENT IN KINDERGARTEN THROUGH FIFTH GRADE MUST RECEIVE EACH WEEK ON A PHASED-IN BASIS, PROVIDE FOR A MEASURE OF EFFECTIVENESS OF THE PHYSICAL EDUCATION PROGRAM IN ALL PUBLIC SCHOOLS, PROVIDE FOR A PHYSICAL EDUCATION ACTIVITY DIRECTOR, PROVIDE CERTAIN NUTRITIONAL STANDARDS FOR ELEMENTARY SCHOOLS, PROVIDE THAT ELEMENTARY SCHOOLS SHALL REMOVE CERTAIN FOOD AND DRINKS FROM VENDING MACHINES, PROVIDE THE MINIMUM AMOUNT OF TIME ELEMENTARY SCHOOL STUDENTS MUST HAVE TO EAT LUNCH, PROVIDE FOR THE ESTABLISHMENT OF A DISTRICT LEVEL AND AN ELEMENTARY SCHOOL LEVEL COORDINATED SCHOOL HEALTH ADVISORY COUNCIL AND PROVIDE ITS POWERS AND DUTIES, PROVIDE FOR NUTRITIONAL EDUCATION, AND PROVIDE A MEASURE OF EFFECTIVENESS OF HEALTH EDUCATION PROGRAMS.
The Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 25, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 321:
S. 321 (Word version) -- Senators Moore and Martin: A BILL TO AMEND CHAPTER 11, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-90 SO AS TO PROVIDE FOR A WAR ROSTER PREPARED AND DISTRIBUTED BY THE DIVISION OF VETERANS AFFAIRS IN THE OFFICE OF THE GOVERNOR TO INCLUDE THE NAME AND PRINCIPAL ITEMS OF RECORD OF PERSONS WHO SERVED ON ACTIVE DUTY DURING CERTAIN CONFLICTS AND AN ORDER OF BATTLE TO INCLUDE THE NAME OF MILITARY UNITS BASED IN SOUTH CAROLINA PARTICIPATING IN CERTAIN CONFLICTS; AND TO REPEAL SECTION 73, PART II OF ACT 164 OF 1993 RELATING TO PUBLICATION AND DISTRIBUTION OF OTHER MILITARY ROSTERS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 25, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 588:
S. 588 (Word version) -- Senators Martin, Thomas, Bryant, McConnell, Alexander, Hayes and Malloy: A BILL TO AMEND CHAPTER 1 OF TITLE 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM SECURITIES ACT, SO AS TO ENACT THE SOUTH CAROLINA UNIFORM SECURITIES ACT OF 2005, PROVIDING FOR AN ENHANCED ROLE OF THE STATE IN SECURITIES REGULATION AND INVESTOR PROTECTION INCLUDING REGISTRATION OF INITIAL PUBLIC OFFERINGS BY ISSUERS AND CONTROL PERSONS; REGISTRATION OF BROKER-DEALERS AND THEIR AGENTS AND INVESTMENT ADVISORS AND THEIR REPRESENTATIVES; EXPANDED INVESTIGATORY AND ENFORCEMENT POWERS THROUGH SUBPOENA POWER, CRIMINAL PENALTIES SET BY THE STATE, AND STATE CIVIL AND ADMINISTRATIVE LIABILITY; FACILITATION OF ELECTRONIC FILING; AND INVESTOR EDUCATION; TO AMEND SECTION 31-13-200, RELATING TO HOUSING AND REDEVELOPMENT NOTES AND BONDS; SECTION 35-6-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE UNIFORM TRANSFER ON DEATH SECURITY REGISTRATION ACT; SECTION 37-1-202, RELATING TO TRANSACTIONS NOT SUBJECT TO THE CONSUMER PROTECTION CODE; SECTION 38-90-440, AS AMENDED, RELATING TO THE STATE REGISTRATION OF A CAPTIVE INSURANCE COMPANY; AND SECTION 41-44-60, RELATING TO THE PALMETTO SEED CAPITAL FUND, ALL SO AS TO CONFORM CROSS-REFERENCES TO THE UNIFORM SECURITIES ACT OF 2005.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 25, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 808:
S. 808 (Word version) -- Senators Patterson, Courson, Lourie and Jackson: A BILL TO DEVOLVE THE AUTHORITY TO APPOINT THE MEMBERS OF THE RICHLAND COUNTY RECREATION COMMISSION FROM THE RICHLAND COUNTY LEGISLATIVE DELEGATION TO THE GOVERNING BODY OF RICHLAND COUNTY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 25, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 607:
S. 607 (Word version) -- Senators Lourie, J. V. Smith, Anderson, Hayes, Land, Malloy, Ford, Elliott, Richardson, Matthews, Patterson, Grooms, McConnell, Short, Williams, Cleary, Leventis, Martin, Hutto, Scott, Thomas and Jackson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 7 TO TITLE 37 SO AS TO PROVIDE FOR THE LICENSING AND REGULATION OF CONSUMER CREDIT COUNSELING IN THIS STATE BY THE DEPARTMENT OF CONSUMER AFFAIRS INCLUDING DEFINITIONS, LICENSING REQUIREMENTS, A WRITTEN CONTRACT, A THOROUGH BUDGET ANALYSIS, A TRUST ACCOUNT WITH AT LEAST QUARTERLY ACCOUNTINGS TO THE CONSUMER, A SURETY BOND, A LIMITATION ON FEES, REPORTS TO THE DEPARTMENT, A LIST OF PROHIBITED ACTIVITIES, CIVIL AND CRIMINAL PENALTIES FOR A VIOLATION, AND MAKING A VIOLATION AN UNFAIR TRADE PRACTICE SUBJECT TO THE UNFAIR TRADE PRACTICES ACT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 25, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 637:
S. 637 (Word version) -- Senators Jackson, Malloy, J. V. Smith, Matthews, Reese, Short, McGill, Leventis, Williams, Patterson and Pinckney: A BILL TO AMEND CHAPTER 68, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF STAFF LEASING SERVICES, SO AS TO CHANGE THE TERM "STAFF LEASING SERVICES" TO "PROFESSIONAL EMPLOYER ORGANIZATIONS" AND TO PROVIDE FOR THE LICENSURE AND REGULATION OF THESE ORGANIZATIONS THAT PROVIDE EMPLOYEES TO BUSINESSES GENERALLY ON A LONG TERM BASIS; AND AMONG OTHER THINGS, TO REQUIRE TWO YEARS OF INDUSTRY EXPERIENCE TO BE LICENSED AND TO PROVIDE A GRANDFATHER PROVISION FOR EXISTING LICENSEES PROVIDING THESE SERVICES; TO ESTABLISH CONTINUING EDUCATION REQUIREMENTS; TO AUTHORIZE THE DEPARTMENT OF CONSUMER AFFAIRS TO USE AN ASSURANCE ORGANIZATION TO CERTIFY THE QUALIFICATIONS OF A PROFESSIONAL EMPLOYER ORGANIZATION FOR LICENSURE; TO SPECIFY INSURANCE INFORMATION THAT AN ORGANIZATION MUST PROVIDE TO EMPLOYEES AND THE DEPARTMENT; AND TO FURTHER SPECIFY REQUIREMENTS WHEN PROVIDING EMPLOYEE INSURANCE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 25, 2005
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. 82, S. 573 by a vote of 43 to 1:
(R82) S. 573 (Word version) -- Senators McConnell, Verdin, Rankin, Courson, Elliott and Ford: AN ACT TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS WHO MAY BE REMOVED BY THE GOVERNOR FOR CAUSE, SO AS TO DELETE THE COMMISSION OF THE DEPARTMENT OF REVENUE, TO ADD THE DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY; TO ESTABLISH CONDITIONS UNDER WHICH DIRECTORS MAY BE REMOVED; TO AMEND SECTION 15-78-60, RELATING TO GOVERNMENTAL IMMUNITY, SO AS TO PROVIDE THAT THE PUBLIC SERVICE AUTHORITY IS NOT LIABLE FOR CERTAIN LOSSES RESULTING FROM CONDUCT OF A DIRECTOR OF THE AUTHORITY; TO AMEND SECTION 15-78-70, RELATING TO THE LIABILITY OF A GOVERNMENTAL EMPLOYEE, SO AS TO PROVIDE THAT A DIRECTOR OF THE PUBLIC SERVICE AUTHORITY IS NOT IMMUNE FROM LIABILITY FOR CERTAIN CONDUCT AND TO PROVIDE THAT THE INSURANCE RESERVE FUND IS PROHIBITED FROM PROVIDING INSURANCE COVERAGE FOR THAT INDIVIDUAL LIABILITY; TO AMEND SECTION 58-3-530, RELATING TO THE DUTIES AND FUNCTIONS OF THE STATE REGULATIONS OF PUBLIC UTILITIES REVIEW COMMITTEE, SO AS TO ADD THE DUTY TO SCREEN CANDIDATES FOR THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE AUTHORITY; TO AMEND SECTION 58-31-20, RELATING TO THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO SET FORTH QUALIFICATIONS AND REQUIREMENTS FOR DIRECTORS AND TO PROVIDE FOR THE SCREENING OF DIRECTORS; TO AMEND SECTION 58-31-30, AS AMENDED, RELATING TO THE POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROHIBIT THE AUTHORITY FROM DISPOSING OF CERTAIN PROPERTY WITHOUT PRIOR APPROVAL OF THE GENERAL ASSEMBLY OR FROM INQUIRING INTO THE FEASIBILITY OF DISPOSING OF ITS PROPERTY; BY ADDING SECTION 58-31-55 SO AS TO PROVIDE STANDARDS OF CONDUCT FOR DIRECTORS OF THE PUBLIC SERVICE AUTHORITY; BY ADDING SECTION 58-31-56 SO AS TO DEFINE CONFLICT OF INTEREST TRANSACTION; BY ADDING SECTION 58-31-57 SO AS TO PERMIT CUSTOMERS OF THE PUBLIC SERVICE AUTHORITY TO SUE DIRECTORS OF THE AUTHORITY FOR BREACH OF DUTY AND TO PROVIDE DAMAGES; TO AMEND SECTION 58-31-110, RELATING TO THE TRANSFER OF NET EARNINGS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE THAT ONLY THE NET EARNINGS NOT NECESSARY FOR THE OPERATION OF AND IN THE BEST INTEREST OF THE PUBLIC SERVICE AUTHORITY SHALL BE PAID TO THE STATE TREASURER AND USED TO REDUCE THE TAX BURDENS ON THE PEOPLE OF THE STATE AND PROVIDE THAT NOTHING IN THIS SECTION PROHIBITS THE AUTHORITY FROM PAYING CERTAIN AMOUNTS TO THE STATE; AND TO AMEND SECTION 58-31-320, RELATING TO THE PROVISION OF ELECTRIC SERVICE BY THE AUTHORITY TO CERTAIN CUSTOMERS, SO AS TO AUTHORIZE THE AUTHORITY TO EXCHANGE OR INTERCHANGE SERVICE WITH, PURCHASE ELECTRIC ENERGY FROM, OR SELL ELECTRIC ENERGY TO ANY JOINT AGENCY ORGANIZED AND OPERATING PURSUANT TO THE PROVISIONS OF CHAPTER 23 OF TITLE 6.
Very respectfully,
President
The SPEAKER ordered the following veto printed in the Journal:
May 24, 2005
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202
Dear Mr. President and Members of the Senate:
I am hereby returning without my approval S. 573 (Word version), R. 82.
I am vetoing this legislation because, despite the assertions of some supporters, this legislation will have a chilling effect on accountability to the people of South Carolina and ultimately serves as a threat to ratepayers of Santee Cooper.
We have tried fixed terms with the Santee Cooper board and did not see positive results. It was during the time of protected terms that political contributions from the money that belonged to ratepayers were given and a new addition to a private school was named after a Santee Cooper board member after he provided ratepayer money to build the addition. It was during this time that Santee Cooper was swept up in a federal grand jury that implicated its former vice president for receiving kickbacks from coal companies that cost ratepayers millions. As a result of scandals and poor stewardship the Governor was given removal powers as a part of the Restructuring Act of 1993.
All that having been said, if this Bill were only about removal of board members, I would not object as strongly as I do to this legislation.
This Bill goes on to do many things that I think are harmful to both ratepayers and taxpayers. First, this legislation increases the number of board members who must have "substantial work experience" with relation to cooperatives from one to two. This provision goes in the opposite direction the corporate world is now moving under the Sarbanes-Oxley legislation, which expects more, not less independence from boards of directors. In the private sector, corporations typically do not provide a bloc of votes to the largest consumer, no matter how insignificant the number may seem. Ultimately, this legislation only serves to further dilute the representation of the primary customer that Santee Cooper is supposed to serve, in exchange for the group with the most powerful lobby. However, the board is supposed to ultimately act in the best interest of Santee Cooper as a whole and not any one interest.
Second, the Bill creates liability against individual directors for failing to act "in the best interests of the Public Service Authority" among other things. Though the State cannot provide coverage for the directors, liability insurance is provided by Santee Cooper and would be extended to cover any litigation under this provision. Current law requires a director to be held liable for criminal or unethical actions taken as a member of the board. This legislation now opens to interpretation the good faith provision to nearly 4 million people and leaves for the courts to arbitrate the due diligence or thoughts behind an individual's actions. This will allow any individual the right to litigate the actions of the board, regardless of merit, simply because they happen to disagree with a specific outcome. As an example, recreational fisherman, one of Santee Cooper's constituencies may feel differently about modification of lake levels than those who lease lakefront parcels from the utility. Alternatively, destruction of water hyacinths may be viewed as necessary for electrical generation efforts, but once again hurt the recreational fisherman. If the board went in one direction to benefit those who lease land or to destroy aquatic vegetation, the recreational fisherman could quite possibly take legal action against some or all of the board members. In all, I believe this provision will have a chilling effect on attracting the best and brightest of the State to service on the Santee Cooper board.
Third, the legislation requires all future appointments to the board first be screened by the State Regulation of Public Utilities Review Committee before being considered for confirmation by the Senate. This committee is comprised of six legislative members, equally represented by the House and the Senate, and four additional appointments picked from the general public. This simply defies logic. Under current law, every appointee to the board requires confirmation by the Senate. Creating yet another committee presupposes the Senate is incapable of their current responsibility in screening executive branch appointments. This review committee allows for the first time, a group of unelected citizens the power to do what only elected legislators have done since the founding of the State - take part in confirming executive branch appointments. This is de facto "destructuring" and shifts some of the current responsibilities vested in elected officials over to an unelected, and therefore, less accountable, group of individuals.
Finally, the legislation reconfirms the General Assembly's role in disposing of all material energy generating facilities or property needed for power generation. However, it adds further that Santee Cooper or its board cannot even inquire or consider the feasibility of such an act without prior approval of the General Assembly.
In total, this legislation attempts to cement some of the worst characteristics of our current state government. The Bill diffuses accountability for members of the board and the people who confirm them to the point that prospective board appointments will need to be as knowledgeable of Columbia politics as they might be in power generation - hardly a trait ratepayers or management should want from their board. The Bill also creates limitless litigation possibilities against any and all members of the board, which will make serving far less attractive to some of the most qualified citizens of the State and will add further costs to ratepayers, who will ultimately pay for the liability coverage for members of the board. However, it is the legislative micromanagement of the board's actions, right down to its ability to speak on the issue of asset disposal that is the most chilling. We should not allow muzzles to be dispensed in the court of public policy when the point of view does not reflect our own. This legislation is clearly an attempt by some to censor a debate that has been brought on by members of the General Assembly, members of the media, and even their own Legislative Audit Council (LAC).
The members of the Santee Cooper board have asked questions relating to the benefits of employees, funds given to non-profit and other organizations, revenues returned to the State, and procurement issues. This same mandate was given to the Legislative Audit Council a decade ago. These were fair and legitimate questions to ask of an agency whose senior management either engaged in suspicious activity or allowed it to happen. While some of the concerns originally raised by the LAC have been resolved, there are still more questions that need to be answered.
While this legislation may prevent members of the Santee Cooper board from raising concerns about the value of contributions or the possibility of additional contributions to the State, it will not stop the debate from continuing. This Bill is clearly designed to intimidate board members, current and future, into not asking questions, not looking for efficiencies, not proposing sale of property, even if they are surplus, or suggesting any increased contributions to the State. If the General Assembly doesn't stop them legislatively, then any one person can tie them up in the courts.
The issue of privatization has been raised numerous times. Let us be clear: any attempt to sell the asset could only happen if legislation were introduced and approved by the General Assembly. Several legislators, including senior leadership in the House of Representatives, have proposed over the last 15 years to do just that and the legislation has gone nowhere. Not surprisingly, the operations of Santee Cooper have continued and the flow of electricity to the customers, both direct and indirect, has not suffered in the slightest.
Questions have been raised for more than two decades about how much Santee Cooper should return to the taxpayers, as mandated in the enabling statute. Despite what proponents of this legislation assure ratepayers, there are ways of increasing contributions without once raising rates. The company could reduce expenditures, as it has for two consecutive years under the current board, approve the sale of surplus assets, or increase efficiencies. The scare tactics employed by some over the last few months ignores the debate on increased contributions over more than 20 years. Simply put, I would not accept ratepayer increases to increase contributions to the State.
Fundamentally, I believe this legislation is destructive, both to the ratepayers of Santee Cooper and the people of South Carolina. It will not provide the stability or accountability that the proponents allege, nor does it offer enticement to some of the most qualified citizens in South Carolina to serve on its board. Further, this Bill turns restructuring of state government on its head and sends one more state institution back to the state government of 1895. This Bill should not be enacted and I encourage the members of the General Assembly to go back to the drawing board on this legislation.
For this reason, I am returning S. 573, R. 82 to you without my signature.
Sincerely,
Mark Sanford
Governor
The Veto on the following Act was taken up:
(R82) S. 573 (Word version) -- Senators McConnell, Verdin, Rankin, Courson, Elliott and Ford: AN ACT TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS WHO MAY BE REMOVED BY THE GOVERNOR FOR CAUSE, SO AS TO DELETE THE COMMISSION OF THE DEPARTMENT OF REVENUE, TO ADD THE DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY; TO ESTABLISH CONDITIONS UNDER WHICH DIRECTORS MAY BE REMOVED; TO AMEND SECTION 15-78-60, RELATING TO GOVERNMENTAL IMMUNITY, SO AS TO PROVIDE THAT THE PUBLIC SERVICE AUTHORITY IS NOT LIABLE FOR CERTAIN LOSSES RESULTING FROM CONDUCT OF A DIRECTOR OF THE AUTHORITY; TO AMEND SECTION 15-78-70, RELATING TO THE LIABILITY OF A GOVERNMENTAL EMPLOYEE, SO AS TO PROVIDE THAT A DIRECTOR OF THE PUBLIC SERVICE AUTHORITY IS NOT IMMUNE FROM LIABILITY FOR CERTAIN CONDUCT AND TO PROVIDE THAT THE INSURANCE RESERVE FUND IS PROHIBITED FROM PROVIDING INSURANCE COVERAGE FOR THAT INDIVIDUAL LIABILITY; TO AMEND SECTION 58-3-530, RELATING TO THE DUTIES AND FUNCTIONS OF THE STATE REGULATIONS OF PUBLIC UTILITIES REVIEW COMMITTEE, SO AS TO ADD THE DUTY TO SCREEN CANDIDATES FOR THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE AUTHORITY; TO AMEND SECTION 58-31-20, RELATING TO THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO SET FORTH QUALIFICATIONS AND REQUIREMENTS FOR DIRECTORS AND TO PROVIDE FOR THE SCREENING OF DIRECTORS; TO AMEND SECTION 58-31-30, AS AMENDED, RELATING TO THE POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROHIBIT THE AUTHORITY FROM DISPOSING OF CERTAIN PROPERTY WITHOUT PRIOR APPROVAL OF THE GENERAL ASSEMBLY OR FROM INQUIRING INTO THE FEASIBILITY OF DISPOSING OF ITS PROPERTY; BY ADDING SECTION 58-31-55 SO AS TO PROVIDE STANDARDS OF CONDUCT FOR DIRECTORS OF THE PUBLIC SERVICE AUTHORITY; BY ADDING SECTION 58-31-56 SO AS TO DEFINE CONFLICT OF INTEREST TRANSACTION; BY ADDING SECTION 58-31-57 SO AS TO PERMIT CUSTOMERS OF THE PUBLIC SERVICE AUTHORITY TO SUE DIRECTORS OF THE AUTHORITY FOR BREACH OF DUTY AND TO PROVIDE DAMAGES; TO AMEND SECTION 58-31-110, RELATING TO THE TRANSFER OF NET EARNINGS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE THAT ONLY THE NET EARNINGS NOT NECESSARY FOR THE OPERATION OF AND IN THE BEST INTEREST OF THE PUBLIC SERVICE AUTHORITY SHALL BE PAID TO THE STATE TREASURER AND USED TO REDUCE THE TAX BURDENS ON THE PEOPLE OF THE STATE AND PROVIDE THAT NOTHING IN THIS SECTION PROHIBITS THE AUTHORITY FROM PAYING CERTAIN AMOUNTS TO THE STATE; AND TO AMEND SECTION 58-31-320, RELATING TO THE PROVISION OF ELECTRIC SERVICE BY THE AUTHORITY TO CERTAIN CUSTOMERS, SO AS TO AUTHORIZE THE AUTHORITY TO EXCHANGE OR INTERCHANGE SERVICE WITH, PURCHASE ELECTRIC ENERGY FROM, OR SELL ELECTRIC ENERGY TO ANY JOINT AGENCY ORGANIZED AND OPERATING PURSUANT TO THE PROVISIONS OF CHAPTER 23 OF TITLE 6.
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:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Govan Haley Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rutherford Sandifer Scarborough Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Talley Taylor Thompson Toole Vick Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Hagood Hamilton Norman Simrill Vaughn
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
I abstained from voting on Senate Bill 573 due to a possible conflict as a former cooperative employee.
Rep. C. David Umphlett, Jr.
The Senate amendments to the following Bill were taken up for consideration:
H. 3067 (Word version) -- Reps. J. R. Smith, Clark, Clyburn, Perry, D. C. Smith, Stewart and G. R. Smith: A BILL TO AMEND SECTION 12-14-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INVESTMENT TAX CREDIT AGAINST STATE INCOME TAX ALLOWED FOR ECONOMIC IMPACT ZONE QUALIFIED MANUFACTURING AND PRODUCTIVE EQUIPMENT PROPERTY, SO AS TO EXTEND FOR CERTAIN TAXPAYERS THE TEN-YEAR CARRY-FORWARD PERIOD FOR UNUSED TAX CREDITS AND PROVIDE THE REQUIREMENTS NECESSARY FOR A TAXPAYER TO RECEIVE THE ADDITIONAL CARRY-FORWARD PERIOD.
Rep. J. R. SMITH explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4196 (Word version) -- Reps. G. M. Smith and Weeks: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF BARTLETTE STREET IN THE CITY OF SUMTER FROM ITS INTERSECTION WITH WASHINGTON STREET TO ITS INTERSECTION WITH HARVIN STREET "W. A. (BUBBA) MCELVEEN STREET" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS STREET THAT CONTAIN THE WORDS "W. A. (BUBBA) MCELVEEN STREET".
On motion of Rep. LEACH, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
H. 4196 (Word version) -- Reps. G. M. Smith and Weeks: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF BARTLETTE STREET IN THE CITY OF SUMTER FROM ITS INTERSECTION WITH WASHINGTON STREET TO ITS INTERSECTION WITH HARVIN STREET "W. A. (BUBBA) MCELVEEN STREET" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS STREET THAT CONTAIN THE WORDS "W. A. (BUBBA) MCELVEEN STREET".
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request that the Department of Transportation name the portion of Bartlette Street (S-43-118) in the City of Sumter from its intersection with Washington Street (S-43-70) to its intersection with Harvin Street (S-43-107) "W. A. (Bubba) McElveen Street" and erect appropriate markers or signs along this street that contain the words "W. A. (Bubba) McElveen Street".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 801 (Word version) -- Senators Matthews, McGill, Leventis, Ritchie, Hutto, Elliott, Moore, Ford, Land, Scott, Williams, Malloy, Pinckney, Patterson, Anderson, Grooms and Rankin: A JOINT RESOLUTION TO CREATE THE I-95 CORRIDOR ECONOMIC POTENTIAL BLUE RIBBON STUDY COMMITTEE TO STUDY THE POTENTIAL FOR FURTHER ECONOMIC DEVELOPMENT OF THE I-95 CORRIDOR THROUGH THIS STATE AND TO MAKE RECOMMENDATIONS TO THE GOVERNOR AND GENERAL ASSEMBLY.
On motion of Rep. LEACH, with unanimous consent, the following Joint Resolution was taken up for immediate consideration:
S. 801 (Word version) -- Senators Matthews, McGill, Leventis, Ritchie, Hutto, Elliott, Moore, Ford, Land, Scott, Williams, Malloy, Pinckney, Patterson, Anderson, Grooms and Rankin: A JOINT RESOLUTION TO CREATE THE I-95 CORRIDOR ECONOMIC POTENTIAL BLUE RIBBON STUDY COMMITTEE TO STUDY THE POTENTIAL FOR FURTHER ECONOMIC DEVELOPMENT OF THE I-95 CORRIDOR THROUGH THIS STATE AND TO MAKE RECOMMENDATIONS TO THE GOVERNOR AND GENERAL ASSEMBLY.
The Joint Resolution was read second time and ordered to third reading.
Rep. COBB-HUNTER, from the Orangeburg Delegation, submitted a favorable report on:
S. 746 (Word version) -- Senators Matthews and Hutto: A BILL TO ABOLISH THE ORANGEBURG COUNTY BOARD OF VOTER REGISTRATION AND THE ORANGEBURG COUNTY ELECTION COMMISSION AND TO CREATE THE ORANGEBURG COUNTY BOARD OF ELECTION AND REGISTRATION.
On motion of Rep. COBB-HUNTER, with unanimous consent, the following Bill was taken up for immediate consideration:
S. 746 (Word version) -- Senators Matthews and Hutto: A BILL TO ABOLISH THE ORANGEBURG COUNTY BOARD OF VOTER REGISTRATION AND THE ORANGEBURG COUNTY ELECTION COMMISSION AND TO CREATE THE ORANGEBURG COUNTY BOARD OF ELECTION AND REGISTRATION.
The Bill was read second time and ordered to third reading.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 553 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION REQUESTING THE CONGRESS OF THE UNITED STATES TO ENACT NO INCREASES IN PAYROLL TAXES, NO CUTS TO SOCIAL SECURITY BENEFITS, AND OPTIONAL SOCIAL SECURITY PERSONAL RETIREMENT ACCOUNTS.
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 860 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE TWO TOWERS OF THE NEW ARTHUR RAVENEL BRIDGE IN CHARLESTON AS THE "JOHN P. GRACE TOWER" AND THE "SILAS N. PEARMAN TOWER" RESPECTIVELY IN HONOR OF THE MEN FOR WHOM THE TWO OLD BRIDGES THAT WILL BE REPLACED BY THE ARTHUR RAVENEL BRIDGE WERE NAMED AND TO REQUEST THE DEPARTMENT TO ERECT MARKERS OR SIGNS AT THE APPROPRIATE PLACES REFLECTING THIS DESIGNATION.
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 878 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES BIG THICKETY CREEK ALONG UNITED STATES HIGHWAY 29 IN CHEROKEE COUNTY THE "CARLISLE GUEST MEMORIAL BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "CARLISLE GUEST MEMORIAL BRIDGE".
Ordered for consideration tomorrow.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4199 (Word version) -- Rep. J. H. Neal: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-970 SO AS TO PROVIDE THAT WHEN FUNDS ARE APPROPRIATED BY THE GENERAL ASSEMBLY FOR MERIT OR PERFORMANCE PAY INCREASES FOR STATE EMPLOYEES, EMPLOYEES COMPENSATED AT THE TOP OF THE APPLICABLE PAY BAND ARE ELIGIBLE FOR MERIT OR PERFORMANCE PAY RAISES WITHOUT REGARD TO THAT TOP LIMIT.
Referred to Committee on Ways and Means
H. 4209 (Word version) -- Reps. Barfield, Bingham, Hinson, Clark, Toole, Huggins, Pinson, Leach, Vaughn, Bowers, Hosey, Rhoad, Viers, Miller, Cato, Vick, Altman, Anderson, Bailey, Battle, G. Brown, Ceips, Chellis, Clemmons, Delleney, Duncan, Emory, Hamilton, Hardwick, Haskins, Hayes, Herbkersman, Jefferson, Littlejohn, Lucas, McGee, J. H. Neal, J. M. Neal, Neilson, Owens, M. A. Pitts, Rice, Sandifer, Sinclair, D. C. Smith, G. M. Smith, G. R. Smith, Taylor, White, Whitmire, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-95 SO AS TO PROVIDE THAT MEDICAID BENEFITS MAY NOT BE PROVIDED TO AN INDIVIDUAL FOR ERECTILE DYSFUNCTION MEDICATION WHO HAS BEEN CONVICTED OF A SEXUALLY VIOLENT OFFENSE AND TO PROVIDE AN EXCEPTION FOR OTHER MEDICAL CONDITIONS.
Referred to Committee on Ways and Means
H. 4210 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-21-4020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSES OF BINGO LICENSES, SO AS TO LIMIT GROSS PROCEEDS FOR A CLASS C BINGO GAME TO ONE HUNDRED THOUSAND DOLLARS A CALENDAR QUARTER, TO REQUIRE PAYMENT OF TAX AND APPLICATION FOR A CLASS B LICENSE IF THE GROSS PROCEEDS EXCEED THAT AMOUNT IN ANY QUARTER, AND TO PROVIDE THAT IF AN OPERATOR HAS BEEN GRANTED A CLASS C LICENSE TO OPERATE BINGO GAMES FOR A NONPROFIT ORGANIZATION, ANOTHER CLASS C LICENSE MAY NOT BE GRANTED TO THAT OPERATOR IF HE APPLIES FOR A LICENSE WITH ANOTHER NONPROFIT ORGANIZATION UNTIL SIX MONTHS HAS ELAPSED FROM THE APPLICATION OF THIS LICENSE TO OPERATE BINGO GAMES FOR ANOTHER NONPROFIT ORGANIZATION; AND TO AMEND SECTION 12-21-4210, AS AMENDED, RELATING TO SALE OR TRANSFER OF BINGO CARDS, SO AS TO PROVIDE FOR A DEPARTMENT AUDIT OF A LICENSEE CONVERTING FROM A CLASS C TO A CLASS B LICENSE TO DETERMINE THE TAX OWED.
Referred to Committee on Ways and Means
H. 4211 (Word version) -- Reps. Miller and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-35 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT MIGRATORY WATERFOWL IN GEORGETOWN COUNTY IN CERTAIN PORTIONS OF MURRELL'S INLET CREEK WITHIN THREE HUNDRED YARDS OF A RESIDENCE WITHOUT WRITTEN PERMISSION OF THE OWNER AND OCCUPANT, AND TO PROVIDE PENALTIES FOR VIOLATION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
The following was introduced:
H. 4200 (Word version) -- Rep. Perry: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE THE LONG AND EXEMPLARY LIFE OF MR. DALE A. LOSEY, SR., OF AIKEN ON THE OCCASION OF HIS ONE HUNDRED SECOND BIRTHDAY AND TO WISH HIM THE VERY BEST ON THIS HAPPY OCCASION.
The Resolution was adopted.
The following was introduced:
H. 4201 (Word version) -- Rep. Townsend: A HOUSE RESOLUTION EXPRESSING THE GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO MRS. MELANIE HAHN, MEDIA SPECIALIST FOR BELTON-HONEA PATH ELEMENTARY SCHOOL, FOR HER EXEMPLARY PUBLIC SERVICE TO BELTON-HONEA PATH ELEMENTARY AND TO THE CITIZENS OF THE STATE OF SOUTH CAROLINA, AND EXTENDING TO HER VERY BEST WISHES IN ALL HER FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 4202 (Word version) -- Rep. Townsend: A HOUSE RESOLUTION EXPRESSING THE GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO MR. CHARLES LEWIS, ASSISTANT PRINCIPAL AT BELTON-HONEA PATH HIGH SCHOOL, FOR HIS EXEMPLARY CAREER IN EDUCATION AND PUBLIC SERVICE TO THE CITIZENS OF THE STATE OF SOUTH CAROLINA, AND EXTEND TO HIM VERY BEST WISHES FOR A LONG AND FULFILLING RETIREMENT.
The Resolution was adopted.
The following was introduced:
H. 4203 (Word version) -- Reps. Hosey, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MS. JANNIE M. HARRIOT, EXECUTIVE DIRECTOR OF THE ALLENDALE COUNTY FIRST STEPS PARTNERSHIP, FOR HER DISTINGUISHED CAREER OF PUBLIC SERVICE UPON THE OCCASION OF HER RETIREMENT, AND TO EXTEND TO HER BEST WISHES FOR A HAPPY AND ENJOYABLE RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4204 (Word version) -- Reps. Scott, Huggins, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND ONE OF SOUTH CAROLINA'S MOST OUTSTANDING EDUCATORS, MR. GERALD WITT, FOR AN EXEMPLARY CAREER AS A TEACHER AND PRINCIPAL UPON THE OCCASION OF HIS RETIREMENT AS PRINCIPAL OF IRMO HIGH SCHOOL AND TO EXTEND TO HIM BEST WISHES IN ALL OF HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4205 (Word version) -- Rep. Anthony: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE ALONG SOUTH CAROLINA HIGHWAY 215 THAT CROSSES THE CSX RAILROAD TRACKS IN UNION COUNTY THE "LOUIE JACOB DEHART MEMORIAL BRIDGE" AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS BRIDGE THAT CONTAIN THE WORDS "LOUIE JACOB DEHART MEMORIAL BRIDGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4206 (Word version) -- Reps. Scarborough, Limehouse, Vick, Chellis, Pinson, Rivers, Battle, Chalk, Coleman, Delleney, Harrison and Viers: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE CITADEL FOOTBALL TEAM OF 1960 FOR ITS OUTSTANDING SEASON AND TANGERINE BOWL VICTORY, AND TO HONOR THE EXCEPTIONAL PLAYERS AND COACH EDDIE TEAGUE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4207 (Word version) -- Reps. Walker, D. C. Smith, Lee, Davenport, Littlejohn, Talley, Sinclair, Mahaffey and Anthony: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF DR. TIMOTHY PAUL BURRELL OF SPARTANBURG ON MAY 20, 2005, AND TO CONVEY THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4208 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. GEORGE GINTOLI FOR HIS SERVICE AS DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH SINCE JANUARY 2001, AND TO WISH HIM CONTINUED SUCCESS AS HE PURSUES NEW CAREER OPPORTUNITIES IN THE STATE OF FLORIDA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 867 (Word version) -- Senator Cromer: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 219 IN NEWBERRY COUNTY FROM OXNER ROAD (ROAD S-36-611) TO UNITED STATES HIGHWAY 176 AS "JERRY ALEWINE MEMORIAL HIGHWAY" IN MEMORY OF JERRY M. ALEWINE, WHO SERVED THE COUNTY OF NEWBERRY AND THE STATE OF SOUTH CAROLINA WITH DISTINCTION AS A MEMBER OF THE NEWBERRY COUNTY COUNCIL, AS BOARD CHAIRMAN OF THE NEWBERRY COUNTY MEMORIAL HOSPITAL, AND AS A MEMBER OF THE NEWBERRY COUNTY TRANSPORTATION COMMITTEE AND TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 886 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MRS. JACQUELINE G. JENKINS, DIRECTOR OF THE DORCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES FOR A DISTINGUISHED CAREER OF PUBLIC SERVICE ON THE OCCASION OF HER RETIREMENT, AND TO EXTEND TO HER EVERY BEST WISH FOR A HAPPY AND ENJOYABLE RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 895 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO CELEBRATE AND REMEMBER THE WONDERFUL LIFE AND WORK OF MS. JUDIE FRANCIS OF COLUMBIA AND TO HONOR HER MEMORY AND CONTRIBUTIONS TO OTHERS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 4212 (Word version) -- Reps. Hagood, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION HONORING ROY WILLIAMS III OF CHARLESTON COUNTY FOR HIS DISTINGUISHED CAREER AS AN EDUCATOR AND FOR HIS DEDICATION TO THE HISTORICAL PRESERVATION OF THE LOWCOUNTRY OF SOUTH CAROLINA.
The Resolution was adopted.
Rep. GOVAN moved that the House do now adjourn, which was agreed to.
Rep. LEACH moved to reconsider the vote whereby Veto No. 51 was overridden and the motion was noted.
Rep. BALLENTINE moved to reconsider the vote whereby Veto No. 44 was sustained and the motion was noted.
Rep. HARRELL moved to reconsider the vote whereby Veto No. 81 was sustained and the motion was noted.
Rep. SCOTT moved to reconsider the vote whereby Veto No. 105 was sustained and the motion was noted.
Rep. J. E. SMITH moved to reconsider the vote whereby Veto No. 119 was sustained and the motion was noted.
Rep. PINSON moved to reconsider the vote whereby Veto No. 141 was sustained and the motion was noted.
Rep. WHITE moved to reconsider the vote whereby Veto No. 148 was sustained and the motion was noted.
The Senate returned to the House with concurrence the following:
H. 4167 (Word version) -- Rep. Bales: A CONCURRENT RESOLUTION TO OFFER THE WARMEST CONGRATULATIONS TO MR. AND MRS. MARION B. "MUTT" SKIPPER OF COLUMBIA ON THE OCCASION OF THEIR TWENTY-FIFTH WEDDING ANNIVERSARY AND TO EXTEND TO THEM EVERY GOOD WISH FOR SUCCESS, HEALTH, AND CONTINUED HAPPINESS IN THE YEARS TO COME.
H. 4170 (Word version) -- Rep. Walker: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MR. JOHN FLOYD LAWRENCE OF LANDRUM, FORMER EDITOR AND MANAGER OF THE "LANDRUM NEWS LEADER", AND ONE OF LANDRUM'S MOST RESPECTED CITIZENS, UPON HIS DEATH.
H. 4180 (Word version) -- Reps. Merrill, Hinson, Dantzler and Umphlett: A CONCURRENT RESOLUTION TO CONGRATULATE THE BISHOP ENGLAND HIGH SCHOOL GIRLS TRACK AND FIELD TEAM OF CHARLESTON ON ITS IMPRESSIVE CLASS AA STATE CHAMPIONSHIP TITLE AND TO HONOR THE PLAYERS AND THEIR COACHES ON ANOTHER EXTRAORDINARY SEASON.
H. 4181 (Word version) -- Reps. Hayes and Jefferson: A CONCURRENT RESOLUTION CONGRATULATING THE PEE DEE INDIAN NATION OF UPPER SOUTH CAROLINA ON RECEIVING THE HIGH HONOR ON BEING RECOGNIZED AS A "TRIBE" BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS.
H. 4182 (Word version) -- Reps. Hayes and Jefferson: A CONCURRENT RESOLUTION CONGRATULATING THE EASTERN CHEROKEE, SOUTHERN IROQUOIS, AND UNITED TRIBES OF SOUTH CAROLINA ON THE DISTINCTION OF THEIR RECOGNITION AS A "GROUP" BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS.
H. 4183 (Word version) -- Reps. Hayes and Jefferson: A CONCURRENT RESOLUTION CONGRATULATING THE WACCAMAW INDIAN PEOPLE ON RECEIVING THE HIGH HONOR OF BEING RECOGNIZED AS A "TRIBE" BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS.
H. 4184 (Word version) -- Reps. Hayes and Jefferson: A CONCURRENT RESOLUTION CONGRATULATING THE WASSAMASAW TRIBE OF VARNERTOWN INDIANS ON THE DISTINCTION OF ITS RECOGNITION AS A "GROUP" BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS.
H. 4185 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND MS. MARCI ANDINO, EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA ELECTION COMMISSION, FOR ASSISTING THE GENERAL ASSEMBLY WITH THE DRAFTING AND ADOPTING OF LEGISLATION THAT COMPLIES WITH THE MANDATES OF THE UNITED STATES CONGRESS' HELP AMERICA VOTE ACT, AND TO MAKE SOUTH CAROLINA A NATIONAL LEADER IN THE AREAS OF VOTER REGISTRATION AND CONDUCTING FAIR AND IMPARTIAL ELECTIONS.
H. 4186 (Word version) -- Reps. Parks, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION RECOGNIZING AND HONORING MORRIS CHAPEL BAPTIST CHURCH OF GREENWOOD COUNTY ON THE JOYFUL OCCASION OF ITS ONE HUNDRED FORTIETH ANNIVERSARY, AND WISHING THE PASTOR AND CHURCH MEMBERS A BRIGHT FUTURE AND MANY MORE YEARS OF SUCCESS, HAPPINESS, AND ACHIEVEMENTS.
H. 4187 (Word version) -- Reps. G. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE LEE CENTRAL HIGH SCHOOL LADY STALLIONS GIRLS BASKETBALL TEAM OF LEE COUNTY ON ITS IMPRESSIVE STATE AA BASKETBALL CHAMPIONSHIP TITLE AND TO HONOR ITS PLAYERS AND THEIR COACH, DOROTHY FORTUNE, ON ANOTHER EXTRAORDINARY SEASON.
H. 4197 (Word version) -- Reps. Martin, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA EDUCATIONAL TELEVISION FOR PROVIDING QUALITY TELEVISION AND RADIO PROGRAMMING TO RESIDENTS OF THE PALMETTO STATE FOR ALMOST FIFTY YEARS, AND FOR PROVIDING LIVE COVERAGE OF THE PROCEEDINGS OF BOTH CHAMBERS OF THE GENERAL ASSEMBLY SINCE 1999.
At 6:00 p.m. the House, in accordance with the motion of Rep. LOFTIS, adjourned in memory of Oney Jaynes of Greenville, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Wednesday, June 24, 2009 at 9:56 A.M.