Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rep. DAVID WEEKS as follows:

Our thought for today is "Trust in the Lord with all thy heart and lean not to thy own understanding."
Let us pray. Almighty Father, we humbly submit ourselves to Your will. Guide and direct our thoughts. Give us the strength to remain steadfast in difficult times, the courage to meet each challenge whether large or small, and the commitment to never neglect our responsibilities to ourselves, to our families and to the people of this great State. Guide and direct our thoughts as we endeavor to do the business of this Chamber. Bless the Leadership, the Members and the staff. As public servants, we know that You work everything for Your good for those who love You and are called according to Your purpose. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Thursday, June 1, the SPEAKER ordered it confirmed.

Rep. RIVERS moved that when the House adjourns, it adjourn in memory of Lieutenant Colonel Curtis Smart of Ridgeland, which was agreed to.

At 3:00 p.m. Tuesday, June 6, the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R384, S. 229 (Word version)) -- Senator Grooms: AN ACT TO AMEND SECTION 16-17-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COCKFIGHTING, SO AS TO INCLUDE GAME FOWL TESTING IN THE OFFENSE, DEFINE THE TERM "ILLEGAL GAME FOWL TESTING", INCREASE THE PENALTIES, PROVIDE FOR FORFEITURE OF CERTAIN PROPERTY GAINED OR USED IN A VIOLATION OF THIS OFFENSE, AND TO REQUIRE GAME FOWL BREEDERS AND TESTING FACILITIES TO COMPLY WITH REGULATIONS REGARDING AVIAN INFLUENZA PREPAREDNESS AND TESTING; TO AMEND SECTION 16-27-50, RELATING TO THE SEIZURE OF ANIMALS WHEN A PERSON VIOLATES THE PROVISIONS OF THE ANIMAL FIGHTING AND BAITING ACT, SO AS TO PROVIDE THAT THE PROVISIONS OF THE OFFENSE OF CRUEL WORK OF ANIMALS APPLY AND TO PROVIDE THAT A VIOLATION OF THE ANIMAL FIGHTING AND BAITING ACT MUST BE CONSIDERED AS CRUEL TREATMENT OF AN ANIMAL AND THE OWNER MUST BE DEEMED UNFIT; BY ADDING SECTION 16-27-55 SO AS TO ALLOW THE FORFEITURE OF CERTAIN PROPERTY WHEN A PERSON VIOLATES A PROVISION OF THE ANIMAL FIGHTING AND BAITING ACT, TO PROVIDE PROCEDURES FOR FORFEITURE, AND TO CREATE AN EXCEPTION FOR THE INNOCENT OWNER OF PROPERTY SUBJECT TO FORFEITURE; TO AMEND SECTION 16-27-80, RELATING TO EXCEPTIONS FOR DOGS USED FOR HUNTING AND FOX-PEN-TRIALS, SO AS TO ALSO EXCEPT DOGS HUNTING ON SHOOTING PRESERVES OR WILDLIFE MANAGEMENT AREAS BUT TO SPECIFICALLY INCLUDE HOG-DOG FIGHTS, HOG-DOG RODEOS, AND HOG-DOGGING WHEN BETTING TAKES PLACE OR WHEN AWARDS ARE GIVEN BASED ON THE ABILITY OF A DOG TO CATCH A HOG UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 44-53-530, RELATING TO FORFEITURE PROCEDURES, SO AS TO PROVIDE PROCEDURES FOR A DEFENDANT OR HIS ATTORNEY TO PROVIDE WRITTEN NOTICE OF THE PERSON'S INTEREST IN THE PROPERTY SEIZED.

(R385, S. 368 (Word version)) -- Senators Leatherman, O'Dell, Setzler and Knotts: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-3215 SO AS TO PROVIDE A PREFERENCE IN THE STATE PROCUREMENT PROCESS FOR A RESIDENT DESIGN PROFESSIONAL, TO PROVIDE EXCEPTIONS, TO REQUIRE AN AWARD TO A RESIDENT OR A NONRESIDENT OF A CONTRACT INVOLVING DESIGN SERVICES TO HAVE A WRITTEN DETERMINATION EXPLAINING WHY THE AWARD WAS MADE, AND TO DEFINE "DESIGN SERVICES" AND "RESIDENT" FOR THIS PURPOSE.

(R386, S. 572 (Word version)) -- Senators Leatherman and Setzler: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-25 SO AS TO PROVIDE THAT THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE SUPERSEDES ANY OTHER CONFLICTING LAW; BY ADDING SECTION 11-35-3850 SO AS TO PROVIDE FOR THE SALE OF UNSERVICEABLE SUPPLIES BY A GOVERNMENTAL BODY; BY ADDING SECTION 11-35-4420 SO AS TO PROVIDE THAT THE CHIEF PROCUREMENT OFFICER AND THE AFFECTED LOCAL GOVERNMENTAL BODY HAVE THE OPPORTUNITY TO PARTICIPATE FULLY IN MATTERS PENDING BEFORE OR APPEALED FROM THE PROCUREMENT REVIEW PANEL; TO AMEND SECTIONS 11-35-40, 11-35-45, 11-35-210, 11-35-310, 11-35-410, 11-35-450, 11-35-510, 11-35-540, 11-35-710, 11-35-810, 11-35-820, 11-35-830, 11-35-845, 11-35-1030, 11-35-1210, 11-35-1220, 11-35-1230, 11-35-1240, 11-35-1410, 11-35-1510, 11-35-1520, ALL AS AMENDED, SECTIONS 11-35-1525 AND 11-35-1528; AND SECTIONS 11-35-1530, 11-35-1550, 11-35-1560, 11-35-1575, 11-35-1825, 11-35-2010, 11-35-2030, 11-35-2210, 11-35-2410, 11-35-2440, 11-35-2710, 11-35-2720, 11-35-3020, 11-35-3030, 11-35-3040, 11-35-3060, 11-35-3220, 11-35-3230, 11-35-3240, 11-35-3245, 11-35-3410, 11-35-3510, 11-35-3820, 11-35-3840, 11-35-4210, 11-35-4220, 11-35-4230, 11-35-4330, 11-35-4410, 11-35-5220, 11-35-5230, 11-35-5240, 11-35-5260, AND 11-35-5270, ALL AS AMENDED, ALL RELATING TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCES TO THE OFFICE OF GENERAL SERVICES OR DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD AND REPLACE THEM WITH THE TERMS "CHIEF PROCUREMENT OFFICER", "DESIGNATED BOARD OFFICE", OR "DESIGNATED BOARD OFFICER", AND TO PROVIDE, FURTHER THAT THE CHIEF EXECUTIVE OFFICER OF THE STATE BUDGET AND CONTROL BOARD DESIGNATE THE APPROPRIATE OFFICE OR SUBDIVISION OF THE BOARD OR OFFICER OR POSITION OF THE BOARD; TO REPLACE REFERENCES OF PROCUREMENT REQUIREMENTS FOR "GOODS AND SERVICES" WITH "SUPPLIES, SERVICES, AND INFORMATION TECHNOLOGY", REFINE AND CONFORM VARIOUS COMPETITIVE BIDDING MODES, TO INCREASE MAXIMUM DOLLAR THRESHOLDS IN SEVERAL INSTANCES, TO REDUCE THE POTENTIAL BIDDERS TO BE RANKED IN CERTAIN CONTRACTS, TO REDUCE THE CONTRACT AMOUNT ALLOWING WAIVER OF A BOND AND SECURITY, AND TO ADJUST SMALL PURCHASE THRESHHOLDS AND AGENCY BASELINE CERTIFICATION; TO PROVIDE THAT A GOVERNMENTAL BODY SHALL HAVE CERTAIN GOALS FOR ITS TOTAL DOLLAR AMOUNT OF FUNDS EXPENDED WITH REGARD TO A MINORITY BUSINESS ENTERPRISE AND TO INCREASE THE TAX CREDIT FOR DEALING WITH AN MBE TO FIFTY THOUSAND DOLLARS ANNUALLY OVER TEN YEARS; TO SHORTEN THE PROTEST DEADLINE; AND TO PROVIDE THAT THE CHIEF PROCUREMENT OFFICER AND AN AFFECTED GOVERNMENTAL BODY HAVE THE OPPORTUNITY TO PARTICIPATE FULLY IN A REVIEW OR APPEAL OF AN ADMINISTRATIVE OR LEGAL DECISION MADE PURSUANT TO THE PROCUREMENT CODE; TO AMEND SECTION 12-6-3350, RELATING TO TAX CREDITS FOR STATE CONTRACTORS AND SUBCONTRACTORS WITH MINORITY FIRMS, SO AS TO INCREASE THE CREDIT TO FIFTY THOUSAND DOLLARS ANNUALLY FOR TEN YEARS; AND TO REPEAL SUBARTICLE 11 OF ARTICLE 1, CHAPTER 35, TITLE 11, RELATING TO THE ACCEPTANCE OF GIFTS IN KIND OF ARCHITECTURAL AND ENGINEERING SERVICES BY A GOVERNMENTAL BODY; AND TO AMEND SECTION 11-35-1270, AS AMENDED, RELATING TO AUTHORITY TO CONTRACT FOR CERTAIN SERVICES, AND SUBARTICLE 5 OF ARTICLE 15, CHAPTER 35, TITLE 11, RELATING TO THE CONTINUATION OF CERTAIN PROVISIONS OF LAW.

(R387, S. 881 (Word version)) -- Senator Ritchie: AN ACT TO AMEND ARTICLES 1 AND 3, CHAPTER 47 OF TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF PHYSICIANS, SURGEONS, AND OSTEOPATHS, SO AS TO PROVIDE FOR THE COMPOSITION OF THE STATE BOARD OF MEDICAL EXAMINERS AND PROVIDE FOR ITS POWERS AND DUTIES; PROVIDE FOR THE MEDICAL DISCIPLINARY COMMISSION, ITS COMPOSITION, POWERS, AND DUTIES; DEFINE CERTAIN TERMS; PROVIDE THAT OSTEOPATHIC PHYSICIANS AND SURGEONS HAVE THE SAME RIGHTS AND PRIVILEGES AS PHYSICIANS AND SURGEONS OF OTHER SCHOOLS OF MEDICINE WITH RESPECT TO CERTAIN CIRCUMSTANCES; PROVIDE THE RESTRICTIONS ON PRACTICING MEDICINE AND PROVIDE FOR LICENSED AND UNLICENSED PERSONS; PROVIDE REQUIREMENTS FOR LIMITED AND TEMPORARY LICENSES; PROVIDE REQUIREMENTS FOR PERMANENT LICENSES AND EXAMINATIONS AN APPLICANT SHALL PASS AND PROVIDE FOR A WAIVER FOR CERTAIN EXAMINATIONS; PROVIDE REQUIREMENTS FOR AN ACADEMIC LICENSE; PROVIDE REQUIREMENTS FOR A SPECIAL VOLUNTEER LICENSE; PROVIDE FOR A LICENSE REGULATING THE PRACTICE OF AN EXPERT MEDICAL WITNESS; PROVIDE CRIMINAL BACKGROUND CHECKS OF NEW APPLICANTS AND LICENSEES UNDER INVESTIGATION OR IN DISCIPLINARY PROCEEDINGS; PROVIDE FOR CONTINUED PROFESSIONAL COMPETENCY OF PHYSICIANS HOLDING PERMANENT LICENSES AND RENEWAL, REINSTATEMENT, AND REACTIVATION OF CERTAIN PERMANENT LICENSES; PROVIDE THE RENEWAL PROCESS FOR CERTAIN LICENSES; PROVIDE THAT A LICENSEE SHALL NOTIFY THE BOARD REGARDING CERTAIN CHANGES AND REGARDING AN ADVERSE DISCIPLINARY ACTION AND PROVIDE EXCEPTIONS; PROVIDE THE PROCEDURE FOR REACTIVATION OF AN INACTIVE LICENSE; PROVIDE THE PROCEDURE FOR LATE RENEWAL OF A LICENSE; PROVIDE THE PROCEDURE FOR REINSTATEMENT OF A LICENSE; PROVIDE THAT THE ADMINISTRATIVE LAW COURT SHALL REVIEW CERTAIN ACTIONS OF THE BOARD UPON PETITION OF THE APPLICANT OR LICENSEE; PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL PROVIDE CERTAIN OPERATIONS AND ACTIVITIES TO THE BOARD; PROVIDE FOR THE FEES THE BOARD SHALL CHARGE; PROVIDE FOR RECORD KEEPING OF THE ADMINISTRATOR AND THE BOARD; PROVIDE THAT PRACTITIONERS SHALL CONDUCT THEMSELVES ACCORDING TO THE CODE OF ETHICS ADOPTED BY THE BOARD; PROVIDE THAT THE DEPARTMENT SHALL INVESTIGATE COMPLAINTS AND VIOLATIONS; PROVIDE THAT THE PRESIDING OFFICER OF THE BOARD MAY ADMINISTER OATHS WHEN TAKING TESTIMONY UPON MATTERS PERTAINING TO THE BUSINESS OR DUTIES OF THE BOARD; PROVIDE THAT RESTRAINING ORDERS AND CEASE AND DESIST ORDERS MAY BE ISSUED PURSUANT TO CERTAIN CIRCUMSTANCES; PROVIDE ADDITIONAL GROUNDS FOR DISCIPLINARY ACTION AND DEFINE WHEN A LICENSEE HAS COMMITTED MISCONDUCT; PROVIDE FOR A LICENSEE WHO HAS BEEN ADJUDGED MENTALLY INCOMPETENT; PROVIDE THE PROCEDURE FOR HOW THE BOARD SHALL REVOKE, SUSPEND, OR RESTRICT A LICENSE OR LIMIT OR DISCIPLINE A LICENSEE WITH THE RIGHT OF REVIEW BY THE ADMINISTRATIVE LAW COURT; PROVIDE THE PROCEDURE FOR WHEN A PERSON HAS ENGAGED IN CONDUCT WHICH SUBVERTS OR ATTEMPTS TO SUBVERT THE SECURITY OR INTEGRITY OF THE LICENSING EXAMINATION PROCESS; PROVIDE FOR DISCIPLINARY PROCEEDINGS WHEN A LICENSEE COMMITS ACTS OR OMISSIONS CAUSING THE DENIAL, CANCELLATION, REVOCATION, SUSPENSION, OR RESTRICTION OF A LICENSE TO PRACTICE IN ANOTHER STATE; PROVIDE THAT, IF A LICENSEE ATTENDS A PATIENT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, HE IS GUILTY OF A MISDEMEANOR; PROVIDE THAT IT IS UNPROFESSIONAL CONDUCT FOR A LICENSEE TO PRESCRIBE DRUGS TO AN INDIVIDUAL WITHOUT FIRST ESTABLISHING A PROPER PHYSICIAN-PATIENT RELATIONSHIP; PROVIDE FOR SUSPENSION OF REVOCATION OF A LICENSE PURSUANT TO CERTAIN CIRCUMSTANCES; PROVIDE FOR A PROFESSIONAL COMPETENCY, MENTAL, OR PHYSICAL EXAMINATION AND THE CONFIDENTIALITY OF THE EXAMINATION; PROVIDE THE JURISDICTION OF THE BOARD; PROVIDE FOR THE PROCEDURE FOR AN INITIAL COMPLAINT AND AN INVESTIGATION REGARDING PROFESSIONAL MISCONDUCT; PROVIDE FOR WHEN A FORMAL COMPLAINT MUST BE ISSUED, WHEN THERE MUST BE A FORMAL HEARING, THE REPORTING AND NOTIFICATION REQUIREMENTS, THE REVIEW BY THE BOARD, ACTIONS THE BOARD MAY TAKE UPON FINAL REVIEW, AND THE PROCEDURE FOR SERVICE OF NOTICE; PROVIDE FOR WHEN DISCOVERY MAY BE PERMITTED; PROVIDE THE PROCEDURE LEADING UP TO A HEARING; PROVIDE THE ACTIONS A BOARD MAY TAKE UPON THE DETERMINATION THAT GROUNDS FOR DISCIPLINARY ACTION EXIST AND THE MANNER OF AND PROCEDURE FOR DISCIPLINING THE PERSON COMMITTING THE MISCONDUCT; PROVIDE THAT THE PERSON MAY HAVE TO PAY A FINE AND THE COSTS OF THE DISCIPLINARY ACTION; PROVIDE THAT A PERSON WHOSE LICENSE HAS BEEN PERMANENTLY REVOKED MUST NOT BE READMITTED TO PRACTICE IN THIS STATE; PROVIDE THAT A LICENSEE MAY RELINQUISH AN AUTHORIZATION TO PRACTICE INSTEAD OF FURTHER DISCIPLINARY PROCEEDINGS SUBJECT TO CERTAIN CONDITIONS; PROVIDE FOR FINAL ORDERS OF THE BOARD; PROVIDE THAT DISCIPLINARY ACTIONS ARE SUBJECT TO THE FREEDOM OF INFORMATION ACT; PROVIDE FOR THE REPORTING OF THE CHANGE IN STATUS OF A LICENSE TO THE LICENSEE'S LAST KNOWN EMPLOYER; PROVIDE THAT THE BOARD MAY DENY LICENSURE ON THE SAME GROUNDS FOR WHICH THE BOARD MAY TAKE DISCIPLINARY ACTION AGAINST THE PERSON; PROVIDE THAT THE BOARD MAY DENY A LICENSE BASED ON A PERSON'S CRIMINAL RECORD PURSUANT TO CERTAIN CIRCUMSTANCES; PROVIDE THAT A PERSON MAY NOT PRACTICE UNTIL FINAL ACTION IN THE DISCIPLINARY MATTER IF HE VOLUNTARILY SURRENDERS HIS AUTHORIZATION TO PRACTICE WHILE UNDER INVESTIGATION OF A VIOLATION; PROVIDE THAT FINAL DECISION BY THE BOARD MAY BE REVIEWED BY THE ADMINISTRATIVE LAW COURT; PROVIDE THAT A PERSON FOUND IN VIOLATION MAY BE REQUIRED TO PAY COSTS SUBJECT TO COLLECTION AND ENFORCEMENT PROVISIONS; PROVIDE THAT A FORMAL COMPLAINT AND ANSWER MUST BE MADE AVAILABLE TO THE PUBLIC EXCEPT FOR CERTAIN RECORDS; PROVIDE FOR THE CONFIDENTIALITY OF CERTAIN INFORMATION RELATED TO PROCEEDINGS; PROVIDE THAT THE DEPARTMENT SHALL TRY TO PROVIDE WRITTEN ACKNOWLEDGEMENT OF EACH INITIAL COMPLAINT AND NOTIFY THE COMPLAINANT OF THE OUTCOME; PROVIDE A PROCEDURE FOR BREACH OF CONFIDENTIALITY; PROVIDE WHEN A LICENSEE MAY SUPERVISE ANOTHER PRACTITIONER AND THE RESPONSIBILITIES OF THE SUPERVISING PHYSICIAN; PROVIDE THAT THE PHYSICIAN OR DENTIST RESPONSIBLE FOR SUPERVISION OF A CERTIFIED REGISTERED NURSE ANESTHETIST MUST BE IDENTIFIED ON THE ANESTHESIA RECORD BEFORE ADMINISTRATION OF ANESTHESIA; PROVIDE PENALTIES FOR UNLAWFUL PRACTICE OF MEDICINE; AND PROVIDE THAT THE DEPARTMENT, IN ADDITION TO INSTITUTING A CRIMINAL PROCEEDING, MAY INSTITUTE A CIVIL ACTION THROUGH THE ADMINISTRATIVE LAW COURT FOR INJUNCTIVE RELIEF AGAINST A PERSON OR ENTITY FOR CERTAIN VIOLATIONS AND PROVIDE A PENALTY.

(R388, S. 1138 (Word version)) -- Judiciary Committee: AN ACT TO AMEND SECTION 16-3-655, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT WITH A MINOR, SO AS TO REVISE THE PENALTIES AND TO PROVIDE FOR THE IMPOSITION OF THE DEATH PENALTY FOR REPEAT OFFENDERS UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 17-23-175 SO AS TO PROVIDE A PROCEDURE FOR ALLOWING AN OUT-OF-COURT STATEMENT MADE TO A THIRD PARTY BY A CHILD VICTIM OR CHILD WITNESS TO BE ADMISSIBLE IN A GENERAL SESSIONS OR FAMILY COURT; TO AMEND SECTION 23-3-540, RELATING TO THE ELECTRONIC MONITORING OF SEX OFFENDERS, SO AS TO ESTABLISH THE PERSONS WHO SHALL OR MAY BE ELECTRONICALLY MONITORED AND TO ESTABLISH THE PROCEDURES FOR MONITORING THESE PERSONS; AND BY ADDING SECTION 23-3-545 SO AS TO PROVIDE A PROCEDURE FOR THE HANDLING OF PERSONS CONVICTED OF WILFULLY VIOLATING A TERM OR CONDITION OF ELECTRONIC MONITORING.

(R389, S. 1245 (Word version)) -- Senators Thomas, Fair, Cromer, Ritchie, Anderson, Verdin, Setzler, Ryberg and Knotts: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-126 SO AS TO PROVIDE FOR THE RETURN BY A BUSINESS OF A LICENSE ISSUED BY THE DEPARTMENT OF REVENUE AND PAYMENT OF TAXES DUE UPON THE CLOSING OR TRANSFER OF THE BUSINESS; BY ADDING SECTION 12-54-196 SO AS TO PROVIDE FOR A PENALTY FOR A RETAILER COLLECTING AN EXCESSIVE STATE OR LOCAL SALES TAX AND TO PROVIDE FOR MITIGATION OF THE PENALTY; BY REDESIGNATING SECTION 12-4-780, RELATING TO ACCEPTANCE BY THE DEPARTMENT OF REVENUE OF PAYMENT OF TAXES BY CREDIT CARD AS SECTION 12-4-395, SO AS TO CORRECTLY REFLECT IT AS A GENERAL POWER OF THE DEPARTMENT; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO APPLICATION OF THE FEDERAL INTERNAL REVENUE CODE TO THIS STATE'S TAX LAWS, SO AS TO REFER TO THE IRC AS AMENDED THROUGH DECEMBER 31, 2005; TO AMEND SECTION 12-6-545, AS AMENDED, RELATING TO INCOME TAX RATES FOR ACTIVE TRADE OR BUSINESS INCOME OF A PASS-THROUGH BUSINESS, SO AS TO PROVIDE FOR ROYALTIES TREATED AS PERSONAL HOLDING COMPANY INCOME AND AMOUNTS PAID AS GUARANTEED PAYMENTS REASONABLY RELATED TO PERSONAL SERVICES, TO DESCRIBE INCOME REASONABLY RELATED TO PERSONAL SERVICES, AND TO PROVIDE FOR ELECTIONS AS TO TREATMENT OF INCOME FOR PERSONAL SERVICES; TO AMEND SECTION 12-6-3350, RELATING TO TAX CREDIT FOR A STATE CONTRACTOR USING MINORITY SUBCONTRACTORS, SO AS TO CONFORM THE TERM "MINORITY FIRM" TO LANGUAGE USED ELSEWHERE IN THE SOUTH CAROLINA CODE OF LAWS AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO DELETE THE REQUIREMENT THAT THE TAXPAYER HAVE ONE HUNDRED OR MORE EMPLOYEES, AND TO REVISE THE DEFINITION OF "DISTRIBUTION FACILITY"; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO CONFORM THE DEFINITION OF DISTRIBUTION FACILITY TO THE REVISED DEFINITION PROVIDED BY THE AMENDMENT TO THE TARGETED JOBS TAX CREDIT IN THIS ACT; TO AMEND SECTION 12-6-3375, RELATING TO CREDITS AGAINST THE STATE INCOME TAX FOR AN INCREASE IN PORT CARGO VOLUME, SO AS TO PROVIDE FOR DETERMINATION OF THE BASE PORT CARGO VOLUME, THAT THE TAXPAYER APPLY TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO QUALIFY, THAT THE COUNCIL DETERMINE THE AMOUNT OF THE CREDIT UP TO A MAXIMUM OF EIGHT MILLION DOLLARS FOR ALL TAXPAYERS FOR EACH CALENDAR YEAR, THAT THE ENTIRE MAXIMUM AMOUNT BE PRORATED AMONG QUALIFYING TAXPAYERS IN A CALENDAR YEAR, AND FOR CARRYOVER OF EXCESS CREDIT FOR THE NEXT FIVE YEARS; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO PERMITTED DISCLOSURES OF INFORMATION BY THE DEPARTMENT OF REVENUE, SO AS TO ALLOW THE EXCHANGE OF INFORMATION BETWEEN THE DEPARTMENT AND THE DEPARTMENT OF COMMERCE IN CONNECTION WITH THE CREDIT FOR INCREASED PORT CARGO VOLUME; TO AMEND SECTION 12-6-3385, RELATING TO A REFUNDABLE INCOME TAX CREDIT FOR A TUITION PAYMENT, SO AS TO SUSPEND THE FOUR-YEAR CREDIT PERIOD IF A STUDENT IS DEPLOYED BY THE MILITARY ON ACTIVE DUTY DURING THE PERIOD AND RE-ENROLLS UPON DEMOBILIZATION; TO AMEND SECTION 12-6-3535, AS AMENDED, RELATING TO THE STATE INCOME TAX CREDIT ALLOWED A TAXPAYER MAKING QUALIFIED REHABILITATION EXPENDITURES FOR A CERTIFIED HISTORIC STRUCTURE IN THIS STATE, SO AS TO ADD TECHNICAL REFERENCES AND TO DEFINE "PARTNER" FOR PURPOSES OF THE APPLICATION OF THE CREDIT TO PASS-THROUGH ENTITIES; TO AMEND SECTION 12-6-5030, AS AMENDED, RELATING TO THE FILING OF A COMPOSITE CORPORATE INCOME TAX RETURN, SO AS TO FURTHER PROVIDE FOR THE COMPUTATION OF A NONRESIDENT PARTICIPANT'S PRO RATA SHARE OF SOUTH CAROLINA INCOME TAX; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO JOB DEVELOPMENT TAX CREDITS, SO AS TO DELETE UNNECESSARY REFERENCES AND TO CORRECT A REFERENCE; TO AMEND SECTIONS 12-23-810, 12-23-830, AND 12-23-840, RELATING TO TAX ON LICENSED HOSPITALS FOR INDIGENT HEALTH CARE, SO AS TO PROVIDE FOR AN INITIAL TAX AND FOR TAXES FOR SECOND AND SUCCESSIVE FISCAL YEARS, TO PROVIDE FOR CALCULATION OF THE TAX, AND TO PROVIDE THAT THE MONIES BE USED FOR HEALTH CARE COVERAGE FOR CERTAIN POPULATIONS IN THIS STATE; TO AMEND SECTION 12-28-110, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE USER FEE FOR MOTOR FUELS, SO AS TO FURTHER DEFINE "DIESEL FUEL" TO INCLUDE BIODIESEL FUEL AND "MOTOR FUEL" TO INCLUDE SUBSTITUTE FUEL, TO DEFINE "SUBSTITUTE FUEL", "BIODIESEL", AND "BIODIESEL BLEND", AND TO MAKE CERTAIN CLARIFICATIONS; TO AMEND SECTION 12-28-310, AS AMENDED, RELATING TO THE IMPOSITION OF THE USER FEE, SO AS TO INCLUDE BLENDED, SUBSTITUTED, AND ALTERNATIVE FUELS; TO AMEND SECTION 12-28-330, AS AMENDED, RELATING TO PRESUMPTION OF USE OF FUEL IN THIS STATE, SO AS TO INCLUDE BLENDED, SUBSTITUTE, AND ALTERNATIVE FUELS; TO AMEND SECTION 12-28-790, AS AMENDED, RELATING TO REFUNDS OF THE USER FEE, SO AS TO DELETE THE CREDIT ALLOWANCE TO A SUPPLIER; TO AMEND SECTION 12-28-970, AS AMENDED, RELATING TO THE IMPOSITION OF A BACKUP USER FEE ON MOTOR FUEL USED BY AN END USER, SO AS TO INCLUDE THE USE OF A SUBSTITUTE FUEL AND TO ADD A TAX ON A LIQUID OR GAS THAT IS NOT OTHERWISE SUBJECT TO THE MOTOR FUEL USER FEE, BY PROVIDING FOR A BACKUP TAX EQUAL TO THE USER FEE PAYABLE BY THE FIRST PERSON WHO RECEIVES THE PRODUCT INTO THIS STATE AND PAYABLE BY THE PRODUCER UPON THE FIRST SALE OR FIRST USE IN THIS STATE; TO AMEND SECTION 12-28-975, AS AMENDED, RELATING TO THE DIVERSION OF MOTOR FUEL FROM AN OUT-OF-STATE DESTINATION, SO AS TO REQUIRE NOTIFICATION AND PAYMENT OF THE USER FEE; TO AMEND SECTION 12-28-990, AS AMENDED, RELATING TO THE LIABILITY OF A BLENDER OF FUELS, SO AS TO PROVIDE FOR A USER FEE AGAINST BLENDED FUELS, PAYABLE BY THE BLENDER OR MANUFACTURER; TO AMEND SECTION 12-28-1120, AS AMENDED, RELATING TO A TRANSPORTER OF MOTOR FUEL SUBJECT TO THE USER FEE, SO AS TO REQUIRE A TRANSPORTER'S LICENSE; TO AMEND SECTION 12-28-1370, AS AMENDED, RELATING TO A LICENSED TRANSPORTER, SO AS TO CLARIFY THE REPORTABLE TRANSPORTS; TO AMEND SECTION 12-33-245, AS AMENDED, RELATING TO THE IMPOSITION OF AN EXCISE TAX ON THE PROCEEDS OF THE SALE OF ALCOHOLIC LIQUOR BY THE DRINK, SO AS TO PROVIDE FOR SALES MADE AT A LOCATION HOLDING A TEMPORARY LICENSE OR PERMIT, AND TO FURTHER DEFINE THE TERM "GROSS PROCEEDS OF SALE" TO INCLUDE THE VALUE OF COMPLIMENTARY ALCOHOLIC LIQUOR, ICE, AND MIXERS; BY ADDING SECTION 61-6-720 SO AS TO PROVIDE FOR A SPECIAL BAKERY FOOD MANUFACTURER'S LICENSE FOR BAKERIES USING ALCOHOLIC BEVERAGES IN FOOD PREPARATION; TO AMEND SECTION 12-36-90, AS AMENDED, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALE" FOR PURPOSES OF THE STATE SALES AND USE TAX, SO AS TO PROVIDE THAT THE TERM DOES NOT INCLUDE THE PROCEEDS OF THE SALE OF PERSONAL PROPERTY PURCHASED PURSUANT TO A WARRANTY, MAINTENANCE, OR SIMILAR SERVICE CONTRACT UNDER CERTAIN CONDITIONS; TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO APPLICATION OF THE FIVE PERCENT SOUTH CAROLINA SALES TAX, SO AS TO PROVIDE THAT THE TAX APPLIES TO THE GROSS PROCEEDS OF THE SALE OF A WARRANTY, MAINTENANCE, OR OTHER SERVICE CONTRACTS FOR TANGIBLE PERSONAL PROPERTY; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO CLARIFY THE TYPE OF MATERIAL HANDLING SYSTEMS AND EQUIPMENT INCLUDED IN THE EXEMPTIONS, AND TO EXEMPT THE GROSS PROCEEDS FROM A SALE OF A WARRANTY, MAINTENANCE, OR OTHER SERVICE CONTRACT FOR TANGIBLE PERSONAL PROPERTY IF THE GROSS PROCEEDS FROM THE SALE OF THE SUBJECT TANGIBLE PERSONAL PROPERTY IS EXEMPT; TO AMEND SECTION 12-37-2740, RELATING TO SUSPENSION OF A DRIVER'S LICENSE AND VEHICLE REGISTRATION FOR FAILURE TO PAY PERSONAL PROPERTY TAX, SO AS TO CHANGE REFERENCES FROM THE "DEPARTMENT" TO THE "DEPARTMENT OF MOTOR VEHICLES", AND TO PROVIDE FOR A MAXIMUM PENALTY FOR A THIRD AND SUBSEQUENT OFFENSE TO A FIVE HUNDRED-DOLLAR FINE OR THIRTY DAYS IN PRISON, OR BOTH; TO AMEND SECTION 12-37-2890, RELATING TO SUSPENSION OF THE DRIVER'S LICENSE AND VEHICLE REGISTRATION OF A PERSON WHO FAILS TO PAY THE MOTOR CARRIER PROPERTY TAX ON A VEHICLE, SO AS TO PROVIDE THAT THE SUSPENSION BE MADE BY THE DEPARTMENT OF MOTOR VEHICLES AFTER ELECTRONIC NOTICE AND FOR SPECIFIC PENALTIES FOR FIRST AND SUBSEQUENT OFFENSES; TO AMEND SECTION 12-43-335, AS AMENDED, RELATING TO THE CLASSIFICATION OF ASSESSED PROPERTY FOR PURPOSES OF EQUALIZATION AND REASSESSMENT, SO AS TO CHANGE A REFERENCE TO CERTAIN SECTOR 22 CLASSIFICATIONS; TO AMEND SECTION 12-54-155, RELATING TO PENALTIES FOR SUBSTANTIAL UNDERSTATEMENT OF TAXES, SO AS TO CLARIFY THAT THE PROVISION REFERS TO AN UNDERPAYMENT OF TAXES BASED ON AN UNDERSTATEMENT OF TAX OR A MISSTATEMENT OF VALUATION, TO PROVIDE THAT CERTAIN PENALTIES DO NOT APPLY TO UNDERPAYMENTS ATTRIBUTABLE TO FRAUD, BUSINESS-RELATED PROPERTY, OR A TAX SHELTER, WHICH ARE PENALIZED ELSEWHERE, TO DEFINE "SUBSTANTIAL VALUATION MISSTATEMENT", AND TO PROVIDE FOR REASONABLENESS AND GOOD FAITH ON THE PART OF THE TAXPAYER AND IN CONNECTION WITH CHARITABLE DEDUCTION PROPERTY; TO AMEND SECTION 12-60-30, AS AMENDED, RELATING TO DEFINITIONS IN CONNECTION WITH THE REVENUE PROCEDURES ACT, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-60-470, AS AMENDED, RELATING TO REFUND CLAIMS BY A STATE TAXPAYER, SO AS TO FURTHER PROVIDE FOR THE LIMITED CIRCUMSTANCES UNDER WHICH A PERSON OTHER THAN THE TAXPAYER LEGALLY LIABLE FOR THE TAX MAY CLAIM OR RECEIVE A REFUND, INCLUDING THE REQUIREMENT THAT AN ASSIGNMENT OF THE CLAIM OR REFUND BE IN WRITING, THE REFUND CLAIM OF A FOREIGN MISSION OR DIPLOMAT, THE APPLICATION OF SECTION 12-60-490, AND THE DISCLOSURE TO ANOTHER PERSON OF THE EFFECT OF OTHER TAX LIABILITIES OF THE TAXPAYER ON THE AMOUNT OF THE REFUND; TO REPEAL SECTIONS 12-4-770, RELATING TO PROCEDURES FOR APPEALING THE PROPOSED ASSESSMENT OF PROPERTY FOR TAXATION AND 12-36-530, RELATING TO RETURN OF LICENSE UPON CLOSING OF BUSINESS; TO AMEND SECTION 12-6-5590, RELATING TO DETERMINING DONATIVE INTENT, SO AS TO DELETE THE EXCLUSION FOR CONSERVATION CONTRIBUTION IN CONNECTION WITH A GOLF COURSE; TO AMEND SECTION 12-58-160, RELATING TO THE RELEASE OF AN ERRONEOUSLY FILED LIEN, SO AS TO PROVIDE THAT NOTICE OF THE RELEASE DOES NOT BREACH THE DEPARTMENT'S NONDISCLOSURE RULES; TO AMEND SECTION 12-37-250, AS AMENDED, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO DELETE THE AGE REQUIREMENT FOR A SURVIVING SPOUSE TO BE ELIGIBLE FOR THE EXEMPTION; BY ADDING SECTION 12-37-714 SO AS TO PROVIDE FOR THE TAXATION OF BOATS WITH A SITUS IN THIS STATE; BY ADDING SECTION 12-37-717 SO AS TO PROVIDE FOR A THREE PERCENT SURCHARGE ON A RENTAL CONTRACT FOR HEAVY EQUIPMENT AND TO DEFINE "HEAVY EQUIPMENT"; TO AMEND SECTION 12-51-150, RELATING TO THE VOIDING OF A TAX SALE, SO AS TO REQUIRE THE REFUND ALSO OF THE AMOUNT OF INTEREST ACTUALLY EARNED; BY ADDING SECTION 12-6-3600 SO AS TO PROVIDE FOR A TAX CREDIT FOR A FACILITY THAT PRODUCES ETHANOL OR BIODIESEL UNDER CERTAIN TIME CONSTRAINTS; BY ADDING SECTION 12-6-3610 SO AS TO PROVIDE FOR A TAX CREDIT FOR A FACILITY PROCESSING AND DISPENSING RENEWABLE FUEL THROUGH 2011; TO AMEND SECTION 12-28-110, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF MOTOR FUEL SUBJECT TO THE USER FEE, SO AS TO REDEFINE "MOTOR FUEL" AND TO DEFINE "BIODIESEL" AND "RENEWABLE FUEL"; TO AMEND SECTION 12-28-990, AS AMENDED, RELATING TO BLENDING MATERIALS, SO AS TO PROVIDE FOR RENEWABLE FUELS; BY ADDING SECTION 12-6-3587 AND SECTION 12-6-3620 SO AS TO PROVIDE FOR A TAX CREDIT FOR A TAXPAYER WHO, RESPECTIVELY, INSTALLS A SOLAR ENERGY HEATING OR COOLING SYSTEM OR USES METHANE GAS TAKEN FROM A LANDFILL; TO AMEND SECTION 12-37-224, RELATING TO A MOTOR HOME USED AS A RESIDENCE FOR PROPERTY TAX PURPOSES, SO AS TO PROVIDE THAT A COUNTY ORDINANCE MAY PROVIDE FOR SIMILAR TREATMENT OF A BOAT USED AS A RESIDENCE; TO AMEND SECTION 12-10-88, RELATING TO REDEVELOPMENT FEES, SO AS TO PROVIDE FOR AN EXTENSION; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO GENERAL EXEMPTIONS FROM TAXES, SO AS TO PROVIDE THAT AN EXEMPT PASSENGER VEHICLE OWNED BY A MILITARY PERSON MUST BE REGISTERED IN THIS STATE TO QUALIFY FOR THE EXEMPTION; TO AMEND SECTION 12-6-545, RELATING TO INCOME TAX RATES FOR ACTIVE AND PASSIVE BUSINESSES INCOME, SO AS TO PROVIDE FOR THE APPLICATION OF THE TAX CREDIT; TO AMEND SECTION 12-6-3515, RELATING TO THE TAX CREDIT FOR A CONSERVATION CONTRIBUTION, SO AS TO PROVIDE THAT IT IS NOT ALLOWED IF THE UNDERLYING PROPERTY IS USED FOR THE PLAYING OF GOLF; TO AMEND SECTION 12-51-130, AS AMENDED, RELATING TO A TAX SALE, SO AS TO PROVIDE FOR THE COSTS TO INCLUDE THE ACTUAL COST OF THE TAX DEED PREPARATION; TO AMEND SECTION 12-37-712, RELATING TO ACCESS TO THE RECORDS OF A MARINA, SO AS TO DEFINE AND LIMIT BUSINESS RECORDS; TO AMEND SECTION 61-6-510 AND SECTION 61-6-2000, AS AMENDED, BOTH RELATING TO THE ISSUANCE OF A TEMPORARY LIQUOR LICENSE, BOTH SO AS TO ALLOW A CRIMINAL BACKGROUND CHECK; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE TARGETED JOB TAX CREDIT, SO AS TO INCLUDE AS AN ELIGIBLE TAXPAYER AN EXTRAORDINARY RETAIL ESTABLISHMENT AND TO DEFINE "EXTRAORDINARY RETAIL ESTABLISHMENT"; TO AMEND SECTION 12-21-6520, RELATING TO THE TOURISM INFRASTRUCTURE ACT, SO AS TO INCLUDE AN EXTRAORDINARY RETAIL ESTABLISHMENT WITH ADJOINING AQUARIUM OR NATURAL HISTORY MUSEUM AS A "TOURISM OR RECREATIONAL FACILITY" AND TO DEFINE QUALIFYING INFRASTRUCTURE IN THAT CONNECTION; BY ADDING SECTION 12-21-6590, SO AS TO LIMIT THE DESIGNATION OF EXTRAORDINARY RETAIL ESTABLISHMENTS TO FOUR IN THIS STATE; BY ADDING SECTIONS 12-49-1190 THROUGH 12-49-1290 SO AS TO PROVIDE FOR THE TAX SALE OF A MOBILE OR MANUFACTURED HOME INCLUDING NOTICE TO ALL LIENHOLDERS AND THE FORM OF THE NOTICE; TO AMEND SECTION 12-49-1110, RELATING TO DEFINITIONS IN CONNECTION WITH REAL PROPERTY MORTGAGES IN CONNECTION WITH THE ENFORCED COLLECTION OF PROPERTY TAXES, SO AS TO ADD ADDITIONAL DEFINITIONS; TO AMEND SECTION 12-51-130, AS AMENDED, RELATING TO A TAX SALE, SO AS TO INCLUDE IN THE COSTS THE ACTUAL EXPENSE FOR THE TAX DEED PREPARATION; TO AMEND SECTION 12-51-150, RELATING TO THE REFUND AMOUNT IN A FAILED TAX SALE, SO AS TO INCLUDE IN THE REFUND AMOUNT THE ACTUAL INTEREST EARNED BY THE COUNTY; TO AMEND SECTION 61-6-20, AS AMENDED, RELATING TO DEFINITIONS IN CONNECTION WITH THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO FURTHER DEFINE "BONA FIDE ENGAGED PRIMARILY AND SUBSTANTIALLY IN THE PREPARATION AND SERVING OF MEALS"; TO AMEND SECTION 61-6-50, RELATING TO VIOLATIONS OF THE ABC ACT, SO AS TO PROVIDE FOR THE DETERMINATION OF A WILFUL ACT; TO AMEND SECTION 61-6-1610, AS AMENDED, RELATING TO FOOD SERVICE ESTABLISHMENTS AND PLACES OF LODGING, SO AS TO FURTHER DEFINE SUCH WHEN LICENSED PURSUANT TO THE ABC ACT; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO FURTHER PROVIDE FOR THE APPROPRIATE CREDIT TIER IN CERTAIN COUNTIES; TO AMEND SECTION 12-6-3410, AS AMENDED, RELATING TO THE TAX CREDIT FOR A CORPORATE HEADQUARTERS, SO AS TO PROVIDE FOR THE ASSIGNMENT OF UNUSED CREDIT TO A TRANSFEREE OF THE TAXPAYER; TO AMEND SECTIONS 12-2-60, 12-4-520, 12-37-250, AS AMENDED, 12-37-251, 12-37-255, 12-37-266, 12-37-270, 12-37-275, 12-37-280, 12-37-450, 12-39-15, 12-39-150, 12-39-180, 12-39-190, 12-39-200, 12-39-270, 12-39-310, 12-45-15, 12-45-35, 12-45-70, AND 12-49-85, ALL RELATING TO CERTAIN POWERS AND RESPONSIBILITIES OF THE COMPTROLLER GENERAL IN CONNECTION WITH THE OPERATIONS OF A COUNTY TREASURER AND A COUNTY AUDITOR, SO AS TO DEVOLVE THOSE POWERS AND RESPONSIBILITIES ONTO THE DEPARTMENT OF REVENUE, AND TO REPEAL SECTIONS 11-3-60, 11-3-200, 11-3-220, AND 12-39-320 ALL RELATING TO CERTAIN POWERS AND RESPONSIBILITIES OF THE COMPTROLLER GENERAL IN CONNECTION WITH THE OPERATIONS OF A COUNTY TREASURER OR COUNTY AUDITOR; TO AMEND SECTION 61-6-2010, AS AMENDED, RELATING TO A LOCAL REFERENDUM IN CONNECTION WITH THE ABC ACT, SO AS TO PROVIDE FOR THE CALLING OF THE REFERENDUM AS WELL AS THE PETITION OF A REFERENDUM; TO AMEND SECTION 4-12-30, AS AMENDED, AND 4-29-67, AS AMENDED, BOTH RELATING TO THE FEE IN LIEU OF PROPERTY TAX IN CONNECTION WITH AN INDUSTRIAL PARK, BOTH SO AS TO PROVIDE THAT COUNTY-OWNED PROPERTY IN THE PARK IS CONSIDERED PRIVATELY OWNED FOR PURPOSES OF EXEMPTION FROM CERTAIN REGULATED UTILITY SERVICES; TO PROVIDE FOR IMPLEMENTATION AND POSTPONEMENT OF IMPLEMENTATION OF THE VALUES DETERMINED IN A COUNTYWIDE ASSESSMENT AND EQUALIZATION PROGRAM; AND TO REPEAL A 2006 ACT BEARING RATIFICATION NO. 227 RELATING TO THE POSTPONEMENT OF SUCH AN IMPLEMENTATION IN GREENVILLE COUNTY.

(R390, S. 1261 (Word version)) -- Senators Verdin, Knotts, Mescher, Alexander, Grooms, Bryant, Peeler, Campsen, Leatherman, McConnell and Ryberg: AN ACT TO AMEND SECTION 23-31-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE A DEFINITION FOR THE TERMS "QUALIFIED NONRESIDENT" AND "PROOF OF OWNERSHIP OF REAL PROPERTY", AND TO REVISE THE DEFINITION OF THE TERM "PICTURE IDENTIFICATION"; TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE THAT SLED MUST ISSUE A PERMIT TO CARRY A CONCEALABLE WEAPON TO A RESIDENT OR QUALIFIED NONRESIDENT UPON PROPER APPLICATION, TO PROVIDE THAT A QUALIFIED NONRESIDENT MAY SUBMIT PROOF OF OWNERSHIP OF REAL PROPERTY IN THIS STATE TO SATISFY THE PROOF OF RESIDENCE REQUIREMENT, TO PROVIDE THAT SLED MUST CONDUCT A BACKGROUND CHECK OF A QUALIFIED NONRESIDENT THROUGH THE SHERIFF OF THE COUNTY WHERE HE OWNS REAL PROPERTY IN THIS STATE, TO PROVIDE THAT A QUALIFIED NONRESIDENT MAY PROVIDE SLED WITH THE ADDRESS OF THE REAL PROPERTY HE OWNS IN THIS STATE TO SATISFY THE RESIDENCY REQUIREMENT, AND TO REVISE THE PROVISIONS THAT PROVIDE FOR THE REVOCATION AND RENEWAL OF A PERMIT; AND TO AMEND SECTION 23-31-520, RELATING TO CERTAIN MATTERS CONCERNING FIREARMS THAT ARE SUBJECT TO REGULATION, SO AS TO REVISE THE TYPES OF FIREARMS SUBJECT TO REGULATION, AND TO PROVIDE THAT A LOCAL GOVERNMENT MAY NOT CONFISCATE A FIREARM OR AMMUNITION UNLESS INCIDENT TO AN ARREST.

(R391, S. 1264 (Word version)) -- Senator Leventis: AN ACT TO AMEND ACT 470 OF 1971, AS AMENDED, RELATING TO THE VOCATIONAL EDUCATION SCHOOL FOR SUMTER COUNTY AND THE BOARD OF TRUSTEES OF THE CAREER CENTER, SO AS TO PROVIDE THAT BEGINNING JULY 1, 2006, AND ENDING JUNE 30, 2009, THE BOARD OF TRUSTEES OF THE CAREER CENTER SHALL BECOME AN ADVISORY BOARD TO THE BOARDS OF TRUSTEES OF SUMTER SCHOOL DISTRICTS 2 AND 17 AND THE DUTIES, POWERS, AND FUNCTIONS OF THE BOARD OF TRUSTEES OF THE CAREER CENTER ARE DEVOLVED JOINTLY UPON THE BOARD OF TRUSTEES OF SUMTER SCHOOL DISTRICTS 2 AND 17 DURING THIS PERIOD, TO PROVIDE FOR ADDITIONAL MEMBERS OF THE CAREER CENTER BOARD DURING THIS PERIOD, AND TO PROVIDE THAT BEGINNING JULY 1, 2006, THE SUPERINTENDENTS OF SUMTER SCHOOL DISTRICTS 2 AND 17 SHALL TOGETHER EMPLOY A DIRECTOR OF THE CENTER WHO SHALL SERVE UNDER THEIR DIRECTION.

(R392, S. 1436 (Word version)) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, RELATING TO PRIVATE SECURITY AND PRIVATE INVESTIGATION BUSINESSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3064, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R393, H. 3051 (Word version)) -- Reps. Sinclair, Harrison, Mahaffey and Umphlett: AN ACT TO AMEND SECTION 39-15-1190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF COUNTERFEIT MARKS, SO AS TO FURTHER DEFINE A "COUNTERFEIT MARK", TO ESTABLISH FELONIES FOR THE USE OF, TRAFFICKING IN, AND PRODUCTION OF A COUNTERFEIT MARK, TO PROVIDE FOR SEIZURE AND SALE OF ITEMS IN CONNECTION WITH THE USE OF A COUNTERFEIT MARK, AND TO PROVIDE FOR INVESTIGATORY POWERS OF THE SECRETARY OF STATE; AND BY ADDING SECTION 39-15-1195 SO AS TO PROVIDE FOR SEIZURE AND FORFEITURE TO LAW ENFORCEMENT AGENCIES OF PROPERTY INVOLVED IN THE CRIMINAL VIOLATIONS ESTABLISHED FOR COUNTERFEIT MARKS AND PROVIDE THE PROCEDURES APPLICABLE FOR THIS SEIZURE AND FORFEITURE.

(R394, H. 3062 (Word version)) -- Reps. Kirsh, Davenport, Barfield, Clyburn, Clark, Bales, Clemmons, Chellis, Bailey and Young: AN ACT TO AMEND SECTION 40-13-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL RENEWAL OF COSMETOLOGISTS' LICENSES AND THE REQUIREMENT THAT APPLICANTS COMPLETE CERTAIN CONTINUING EDUCATION, SO AS TO EXEMPT A PERSON WHO HAS HELD A LICENSE FOR AT LEAST FIFTEEN CONSECUTIVE YEARS AND IS SIXTY YEARS OF AGE OR OLDER OR HAS HELD CONTINUOUS LICENSURE FOR AT LEAST THIRTY YEARS, IS FIFTY YEARS OLD, AND WHO HAS NOT BEEN DISCIPLINED BY THE BOARD OF COSMETOLOGY FROM TAKING THE CONTINUING EDUCATION COURSES; AND TO PROVIDE THAT, UPON APPROVAL BY THE BOARD, AN ATTENDANCE FORM MAY BE OBTAINED GIVING CONTINUING EDUCATION CREDIT FOR ATTENDANCE AT TRADE SHOW COSMETOLOGY-RELATED INSTRUCTIONAL PROGRAMS.

(R395, H. 3085 (Word version)) -- Reps. Harrison, Kirsh, E.H. Pitts, Hinson, Mahaffey, Umphlett, McLeod, Jennings and Altman: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-515 TO CREATE THE OFFENSE OF IDENTITY FRAUD FOR THE PURPOSE OF OBTAINING EMPLOYMENT AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 16-13-510, RELATING TO FINANCIAL IDENTITY FRAUD, SO AS TO ADD CERTAIN IDENTIFYING DOCUMENTATION TO THE DEFINITION OF "IDENTIFYING INFORMATION".

(R396, H. 3109 (Word version)) -- Reps. M.A. Pitts, E.H. Pitts, Taylor, Mahaffey and Umphlett: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-160 SO AS TO PROVIDE THAT A SCHOOL BUS DRIVER SHALL HAVE A PHYSICAL EXAMINATION PERFORMED BY A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN ASSISTANT BEFORE THE TESTING REQUIRED TO OPERATE A SCHOOL BUS AND PROVIDE FOR THE REPORTING OF THE RESULTS OF THE EXAMINATION.

(R397, H. 3166 (Word version)) -- Reps. Taylor, Leach, Vaughn, Bailey, Scarborough and Sandifer: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-11-53 SO AS TO PROVIDE THAT IF THE EXECUTIVE COMMITTEE OF A POLITICAL PARTY SUBSTITUTES A CANDIDATE FOR A GENERAL OR SPECIAL ELECTION, IT MUST DO SO AS SOON AS REASONABLY POSSIBLE, TO REQUIRE THE NOMINATION OF A SUBSTITUTE CANDIDATE BY THE EXECUTIVE COMMITTEE NOT MORE THAN THIRTY DAYS FROM THE DATE THE CANDIDACY BECOMES VACANT, AND TO PROVIDE THAT IF A PARTY FAILS TO NOMINATE A SUBSTITUTE CANDIDATE WITHIN THIRTY DAYS, THE PARTY IS PROHIBITED FROM NOMINATING A CANDIDATE FOR THAT OFFICE.

(R398, H. 3285 (Word version)) -- Reps. Wilkins, Clemmons, Harrison and Loftis: AN ACT TO AMEND SECTION 1-13-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND ORDERS OF THE STATE HUMAN AFFAIRS COMMISSION, SO AS TO PROVIDE FOR APPEAL OF A COMMISSION DECISION TO THE ADMINISTRATIVE LAW COURT; TO AMEND SECTIONS 1-23-380, 1-23-390, AND 1-23-600, AS AMENDED, AND SECTION 1-23-610, ALL RELATING TO JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS, SO AS TO PROVIDE THAT JUDICIAL REVIEW OF AN ADMINISTRATIVE DECISION MUST BE MADE BY AN ADMINISTRATIVE LAW JUDGE, TO PROVIDE THAT DECISION MAY BE APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 1-23-650, RELATING TO PROMULGATION OF RULES GOVERNING THE OPERATIONS OF THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE RULES OF PROCEDURE FOR THE HEARING OF CONTESTED CASES OR APPEALS BY INDIVIDUAL AGENCIES ARE OF NO FORCE AND EFFECT IN PROCEEDINGS BEFORE AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 1-23-660, AS AMENDED, RELATING TO HEARINGS OF THE DIVISION OF MOTOR VEHICLES, SO AS TO CREATE THE DIVISION OF MOTOR VEHICLE HEARINGS WITHIN THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR ITS COMPOSITION AND OPERATION; TO AMEND SECTION 8-13-320, RELATING TO AN ORDER OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 8-17-340, AS AMENDED, RELATING TO THE STATE EMPLOYEE GRIEVANCE COMMITTEE, SO AS TO PROVIDE FOR APPEAL OF A COMMISSION'S DECISION TO THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 9-21-70, RELATING TO APPEALS FROM A DECISION OF THE ADMINISTRATIVE LAW COURT, SO AS TO APPEAL TO THE COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 11-35-4410, AS AMENDED, RELATING TO APPEALS REGARDING PROCUREMENT BY THE PROCUREMENT REVIEW PANEL, SO AS TO PROVIDE THAT THE ADMINISTRATIVE PROCEDURES ACT DOES NOT APPLY TO THE PANEL UNDER CERTAIN CIRCUMSTANCES AND APPEAL FROM A PANEL DECISION IS ONLY TO THE CIRCUIT COURT; TO AMEND SECTIONS 12-60-3370, 12-60-3380, AND 12-60-3390, ALL AS AMENDED, RELATING TO TAXPAYER APPEALS, ALL SO AS TO PROVIDE THAT APPEALS ARE TO THE COURT OF APPEALS RATHER THAN THE CIRCUIT COURT; TO AMEND SECTION 14-8-200, AS AMENDED, RELATING TO THE JURISDICTION OF THE COURT OF APPEALS, SO AS TO ADD FINAL DECISIONS OF AN AGENCY, OR A FINAL DECISION OF AN ADMINISTRATIVE LAW JUDGE TO THE LIST OF CASES THE COURT OF APPEALS HAS JURISDICTION OVER; TO AMEND SECTION 31-21-130, RELATING TO APPEALS TO THE HUMAN AFFAIRS COMMISSION REGARDING THE SOUTH CAROLINA FAIR HOUSING LAW, SO AS TO PROVIDE THAT APPEAL IS TO THE ADMINISTRATIVE LAW COURT RATHER THAN THE CIRCUIT COURT; TO AMEND SECTION 33-56-140, RELATING TO INVESTIGATIONS, HEARINGS, AND APPEALS REGARDING SOLICITATION OF CHARITABLE FUNDS, SO AS TO PROVIDE THAT ACTIONS BROUGHT BY THE SECRETARY OF STATE FOR CERTAIN CHARITABLE SOLICITATION VIOLATIONS ARE TO BE BROUGHT BEFORE AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 39-37-100, AS AMENDED, RELATING TO APPEALS OF THE DEPARTMENT OF AGRICULTURE REGARDING LICENSES OF MANUFACTURERS OF CERTAIN FROZEN DESSERTS, SO AS TO PROVIDE THAT APPEAL IS TO THE ADMINISTRATIVE LAW COURT RATHER THAN THE CIRCUIT COURT; TO AMEND SECTION 41-35-750, AS AMENDED, RELATING TO THE PROCEDURE TO OBTAIN JUDICIAL REVIEW OF A DECISION BY THE EMPLOYMENT SECURITY COMMISSION, SO AS TO PROVIDE THAT A PARTY TO THE PROCEEDING MAY APPEAL A COMMISSION DECISION WITHIN THIRTY DAYS FROM THE DATE OF THE MAILING OF THE COMMISSION'S DECISION; TO AMEND SECTION 43-25-90, RELATING TO A DECISION OF THE COMMISSION FOR THE BLIND, SECTION 45-9-75, RELATING TO A DETERMINATION BY A PANEL OF THE STATE HUMAN AFFAIRS COMMISSION, SECTION 46-3-220, RELATING TO AN ORDER OR DECISION BY THE COMMISSIONER OF AGRICULTURE, SECTION 46-9-90, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING A PROVISION OF THE CHAPTER ON THE STATE CROP PEST COMMISSION, SECTION 47-4-130, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING A PROVISION OF TITLE 47 DEALING WITH ANIMALS, LIVESTOCK, AND POULTRY, SECTIONS 47-17-50 AND 47-19-60, BOTH RELATING TO A DETERMINATION BY THE DIRECTOR OF THE LIVESTOCK-POULTRY HEALTH DEPARTMENT OF CLEMSON UNIVERSITY, SECTIONS 48-20-160, AS AMENDED, 48-20-190 AND 48-20-200, ALL RELATING TO A DECISION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 48-39-150, AS AMENDED, RELATING TO THE APPROVAL OR DENIAL OF A PERMIT BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 54-3-470, RELATING TO AN ORDER OF THE STATE PORTS AUTHORITY, SECTIONS 55-5-230, 55-5-240, 55-5-250, ALL AS AMENDED, AND SECTION 55-8-20, ALL RELATING TO AN ORDER OF THE DIVISION OF AERONAUTICS, ALL SO AS TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE DECISION BY AN ADMINISTRATIVE LAW JUDGE AND THAT DECISION APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS; TO AMEND SECTION 56-5-2952, AS AMENDED, RELATING TO THE FILING FEE FOR A HEARING BEFORE THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO INCREASE THE FEE AND PROVIDE FOR ITS RETENTION BY THE ADMINISTRATIVE LAW COURT; TO AMEND SECTIONS 58-5-330, 58-5-340, 58-5-990, 58-9-1410, AND 58-27-2310, AS AMENDED, ALL RELATING TO AN ORDER OR DECISION BY THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA SUPREME COURT OR COURT OF APPEALS AS PROVIDED BY STATUTE OR THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTIONS 59-25-260, 59-25-830, AND 59-40-90, ALL RELATING TO DECISIONS BY THE STATE BOARD OF EDUCATION, AND SECTION 59-58-120, RELATING TO A DECISION OF THE COMMISSION ON HIGHER EDUCATION, ALL SO AS TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE DECISION BY AN ADMINISTRATIVE LAW JUDGE AND THAT DECISION APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS; TO AMEND SECTION 44-1-50, RELATING TO APPEALS FROM THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR ADMINISTRATIVE REVIEW BY THE BOARD AND FOR FINAL AGENCY DETERMINATIONS; BY ADDING SECTION 44-1-60 SO AS TO PROVIDE PROCEDURES IN A CONTESTED CASE BEFORE THE BOARD; AND TO AMEND SECTIONS 48-39-180, 48-39-280, AND 48-39-290, ALL AS AMENDED, ALL RELATING TO JUDICIAL REVIEW OF PERMIT DETERMINATIONS BY THE COASTAL ZONE MANAGEMENT APPELLATE PANEL, ALL SO AS TO PROVIDE FOR APPEAL TO THE ADMINISTRATIVE LAW COURT AND THEN THE COURT OF APPEALS; AND TO REPEAL SECTIONS 58-5-350, 58-5-360, 58-9-1420, 58-9-1440, 58-9-1460, 58-9-1470, 58-9-1480, AND 58-27-2330 ALL RELATING TO JUDICIAL REVIEW OF A DECISION BY THE PUBLIC SERVICE COMMISSION.

(R399, H. 3478 (Word version)) -- Rep. Huggins: AN ACT TO AMEND SECTION 40-57-145, AS AMENDED, RELATING TO GROUNDS FOR DENIAL OF LICENSURE OR FOR DISCIPLINARY ACTION AGAINST REAL ESTATE PROFESSIONALS, INCLUDING BROKERS, AGENTS, AND PROPERTY MANAGERS, SO AS TO CLARIFY THAT PAYMENT OF A COMMISSION OR COMPENSATION TO AN UNLICENSED INDIVIDUAL IS PROHIBITED FOR CONDUCTING ACTIVITIES REQUIRING A LICENSE AND TO FURTHER PROVIDE THAT A LICENSEE MAY NOT PAY OR OFFER TO PAY A REFERRAL FEE TO AN UNLICENSED INDIVIDUAL WHO IS NOT A PARTY TO THE TRANSACTION.

(R400, H. 3573 (Word version)) -- Reps. Clark, Haley, Ballentine, Moody-Lawrence, Anthony, R. Brown, Clyburn, Frye, Hosey, Huggins, Mack, Mahaffey, J.H. Neal, J.M. Neal, Rice, D.C. Smith, J.R. Smith, Townsend, Vaughn, Walker, Vick, Duncan and Altman: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 63 OF TITLE 59 SO AS TO ENACT THE "SAFE SCHOOL CLIMATE ACT" TO PREVENT SCHOOL HARASSMENT, INTIMIDATION, OR BULLYING; TO INSTRUCT LOCAL SCHOOL DISTRICTS TO ADOPT A POLICY PROHIBITING HARASSMENT, INTIMIDATION, OR BULLYING THAT INCLUDES CERTAIN COMPONENTS; TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL DEVELOP MODEL POLICIES; TO PROVIDE THAT THE POLICY MUST BE INCORPORATED INTO THE TRAINING PROGRAMS; AND TO DEFINE CERTAIN TERMS.

(R401, H. 3640 (Word version)) -- Reps. White and Cooper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-145 SO AS TO PROVIDE THAT GROUND BEEF PREPARED BY A FOOD SERVICE PROVIDER FOR PUBLIC CONSUMPTION MUST BE COOKED TO AT LEAST ONE HUNDRED FIFTY-FIVE DEGREES FAHRENHEIT UNLESS OTHERWISE ORDERED BY THE IMMEDIATE CONSUMER, TO PROVIDE IMMUNITY FROM LIABILITY FOR SERVING BEEF COOKED BELOW ONE HUNDRED FIFTY-FIVE DEGREES FAHRENHEIT UPON REQUEST OF THE PURCHASER IF THE FOOD SERVICE PROVIDER PROVIDES ADVANCE WRITTEN NOTICE OF THE RISKS OF EATING SUCH GROUND BEEF, AND TO PROVIDE THAT A CONSUMER OR PURCHASER MUST BE EIGHTEEN YEARS OF AGE OR OLDER TO ORDER BEEF COOKED BELOW ONE HUNDRED FIFTY-FIVE DEGREES FAHRENHEIT.

(R402, H. 3700 (Word version)) -- Reps. Clemmons and Harrison: AN ACT TO AMEND SECTION 15-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS WHICH MUST BE TRIED WHERE THE SUBJECT MATTER IS SITUATED, SO AS TO ADD THAT ALL MATTERS BETWEEN LANDLORD AND TENANT MUST BE TRIED WHERE THE SUBJECT MATTER OR SOME PART OF THE PROPERTY IS SITUATED; AND TO AMEND SECTION 15-79-120, RELATING TO REQUIRED MEDIATION IN A MEDICAL MALPRACTICE ACTION, SO AS TO PROVIDE THAT IN ADDITION TO BINDING ARBITRATION, THE PARTIES ALSO MAY AGREE TO NONBINDING ARBITRATION, EARLY NEUTRAL EVALUATION, OR OTHER FORMS OF ALTERNATIVE DISPUTE RESOLUTION.

(R403, H. 3711 (Word version)) -- Reps. Cobb-Hunter and Mitchell: AN ACT TO AMEND CHAPTER 17, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF PRESCRIPTION DRUG DISCOUNT CARDS, SO AS TO ENACT THE DISCOUNT MEDICAL PLAN ORGANIZATION REGISTRATION ACT, PROVIDING FOR REGISTRATION WITH THE DEPARTMENT OF CONSUMER AFFAIRS OF DISCOUNT MEDICAL PLAN ORGANIZATIONS, MARKETERS, AND REPRESENTATIVES ENGAGED IN THE SALE, MARKETING, PROMOTION, ADVERTISEMENT, OR DISTRIBUTION OF DISCOUNT MEDICAL PLANS OR OTHER PURCHASING DEVICES OR MECHANISMS; DISCLOSURES REQUIRED UPON APPLICATION; EXEMPTIONS FROM REGULATION UNDER THE ACT; REMEDIES FOR VIOLATIONS OF THE ACT, IN ADDITION TO, AND CUMULATIVE OF, OTHER PENALTIES IN TITLE 37 AND IN THE SOUTH CAROLINA UNFAIR TRADE PRACTICES ACT; AND AUTHORITY OF THE DEPARTMENT OF CONSUMER AFFAIRS TO PROMULGATE REGULATIONS TO EFFECTUATE THE PURPOSES OF THIS ACT.

(R404, H. 3726 (Word version)) -- Reps. Ott, Clark, J.E. Smith, McGee, Witherspoon, Branham, Cobb-Hunter, Duncan, Hayes, Lucas, M.A. Pitts, Taylor and R. Brown: AN ACT TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT "CHANDLER'S LAW" BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR CERTAIN REGULATION OF THE OPERATION OF ALL-TERRAIN VEHICLES BY THE DEPARTMENT OF NATURAL RESOURCES, INCLUDING THE REQUIREMENT THAT A PERSON AT LEAST NINE AND NOT OVER SIXTEEN YEARS OF AGE MUST COMPLETE A SAFETY COURSE BEFORE HE MAY OPERATE AN ALL-TERRAIN VEHICLE, TO PROVIDE THAT ALL-TERRAIN VEHICLES ARE EXEMPT FROM AD VALOREM TAXES, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10 SO AS TO PROVIDE A PROCEDURE FOR THE TITLING OF ALL-TERRAIN VEHICLES.

(R405, H. 3773 (Word version)) -- Reps. Vick, W.D. Smith, Littlejohn, Agnew, Ballentine, Haley, Lucas, Ott, Hardwick, Witherspoon, Cobb-Hunter and Anderson: AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM SALES TAX THE GROSS PROCEEDS OF SALES OR SALES PRICE OF GOLD, SILVER, AND PLATINUM BULLION, AND COINS AND CURRENCY AND TO REQUIRE THE RETAILER TO MAINTAIN PROPER DOCUMENTATION AS REQUIRED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE FOR EACH EXEMPT SALE.

(R406, H. 3803 (Word version)) -- Reps. Edge and Wilkins: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, CHAPTER 53, TITLE 44 SO AS TO ENACT THE "SOUTH CAROLINA PRESCRIPTION MONITORING ACT" AUTHORIZING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BUREAU OF DRUG CONTROL TO ESTABLISH A PROGRAM TO MONITOR THE PRESCRIBING AND DISPENSING OF SCHEDULE II-IV CONTROLLED SUBSTANCES BY PROFESSIONALS LICENSED TO PRESCRIBE AND DISPENSE THESE DRUGS, TO PROVIDE THE MANNER AND PROCEDURES UNDER WHICH THESE PROFESSIONALS ARE TO PROVIDE SUCH INFORMATION TO THE DEPARTMENT, TO PROVIDE FOR THE USE, CONFIDENTIALITY, AND AUTHORIZED DISCLOSURE OF THIS INFORMATION, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS RELATED TO REPORTING REQUIREMENTS AND FOR IMPROPER DISCLOSURE OF SUCH INFORMATION; AND TO AMEND SECTION 44-53-360, AS AMENDED, RELATING TO REQUIREMENTS FOR DISPENSING CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT PRESCRIPTIONS FOR CONTROLLED SUBSTANCES IN SCHEDULES II-IV, RATHER THAN SCHEDULES II-V, MUST NOT EXCEED A THIRTY-ONE DAY SUPPLY, TO PROVIDE THAT PRESCRIPTIONS FOR SCHEDULE V CONTROLLED SUBSTANCES MUST NOT EXCEED A NINETY DAY SUPPLY, AND TO PROVIDE THAT A PHARMACIST OR PRACTITIONER DOES NOT HAVE A DUTY TO OBTAIN INFORMATION FROM THE PRESCRIPTION MONITORING PROGRAM AND ARE NOT LIABLE FOR OBTAINING OR NOT OBTAINING SUCH INFORMATION.

(R407, H. 3831 (Word version)) -- Reps. Talley and Harrison: AN ACT TO AMEND SECTION 7-7-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES WHERE ELECTORS ARE REGISTERED AND VOTE, SO AS TO PROVIDE THAT IF A DESIGNATED POLLING PLACE IN A PRECINCT IS UNAVAILABLE FOR USE DURING AN ELECTION AS A RESULT OF AN EMERGENCY SITUATION, THE AUTHORITY CHARGED BY LAW WITH CONDUCTING THE ELECTION SHALL DESIGNATE AN ALTERNATIVE POLLING PLACE TO BE USED FOR THE ELECTORS IN THAT PRECINCT FOR ANY ELECTION OCCURRING DURING THE EMERGENCY SITUATION, TO PROVIDE THAT THE ALTERNATIVE POLLING PLACE IS NOT REQUIRED TO BE WITHIN THE PRECINCT OF THE ELECTOR'S RESIDENCE UNDER SPECIFIED CIRCUMSTANCES, AND TO PROVIDE THE CONDITIONS AND REQUIREMENTS WHICH MUST BE MET UNDER THIS SECTION.

(R408, H. 3833 (Word version)) -- Rep. White: AN ACT TO AMEND SECTION 13-7-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATIONS AND SCHEDULE OF LICENSING, REGISTRATION, AND CERTIFICATION AND FEES FOR USERS OF IONIZING AND NONIONIZING RADIATION SOURCES, SO AS TO PROVIDE THAT NONIONIZING RADIATION REGISTRATION IS FOR COMMERCIAL ESTABLISHMENTS FOR THE TANNING OF HUMAN SKIN AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY RETAIN UP TO THIRTY THOUSAND DOLLARS FOR THE ADMINISTRATION OF THIS PROGRAM.

(R409, H. 3899 (Word version)) -- Reps. Cato, Cooper, Anthony, Duncan, Hayes, Jennings, M.A. Pitts and W.D. Smith: AN ACT TO AMEND SECTION 44-75-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR ATHLETIC TRAINER CERTIFICATION, SO AS TO PROVIDE AN APPLICANT MUST PASS THE NATIONAL ATHLETIC TRAINER'S BOARD OF CERTIFICATION, INC., EXAMINATION AND TO DELETE PROVISIONS REQUIRING SPECIFIC BACHELOR OF SCIENCE OR FOUR YEAR COLLEGE DEGREE REQUIREMENTS.

(R410, H. 3921 (Word version)) -- Reps. Clemmons and Martin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-172 SO AS TO PROVIDE THAT MOBILE DENTAL FACILITIES OR PORTABLE DENTAL OPERATIONS MUST BE REGISTERED WITH THE STATE BOARD OF DENTISTRY, TO PROVIDE REGISTRATION CRITERIA, AND TO ESTABLISH FACILITY OPERATION REQUIREMENTS.

(R411, H. 3949 (Word version)) -- Rep. Cooper: AN ACT TO AMEND SECTION 12-21-4190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BINGO CARD CHARGES RETAINED BY THE DEPARTMENT OF REVENUE AND DISTRIBUTION OF THIS REVENUE, SO AS TO REDUCE THE AMOUNT RETAINED FROM SIXTEEN AND ONE-HALF CENTS TO TEN CENTS FOR EACH DOLLAR OF FACE VALUE FOR EACH CARD SOLD FOR AA, B, D, AND E LICENSES AND TO ESTABLISH A FOUR CENT CHARGE FOR EACH DOLLAR OF FACE VALUE FOR CARDS SOLD FOR C LICENSES; AND TO AMEND SECTION 12-21-4200, AS AMENDED, RELATING TO DISTRIBUTION OF REVENUE GENERATED FROM THE LICENSURE AND REGULATION OF BINGO, SO AS TO PROVIDE THAT THE REVENUE DEDICATED TO THE DIVISION ON AGING MUST NOT BE LESS THAN SIX HUNDRED THOUSAND DOLLARS ANNUALLY.

(R412, H. 4301 (Word version)) -- Reps. G.M. Smith, Bailey, Harrison, Altman, Vaughn, G.R. Smith, Battle, Kirsh, M.A. Pitts, Coates, Moody-Lawrence, Toole, Vick, Littlejohn, Sandifer, Owens, Ceips, Funderburk, Weeks, Rice, Simrill, Chellis, Viers and Duncan: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 11, TITLE 16 SO AS TO ENACT THE "PROTECTION OF PERSONS AND PROPERTY ACT", TO DEFINE THE TERMS "DWELLING", "GREAT BODILY INJURY", "RESIDENCE", AND "VEHICLE", TO AUTHORIZE THE LAWFUL USE OF DEADLY FORCE AGAINST AN INTRUDER OR ATTACKER IN A PERSON'S DWELLING, RESIDENCE, OR OCCUPIED VEHICLE UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXCEPTIONS, TO PROVIDE THAT THERE IS NO DUTY TO RETREAT IF THE PERSON IS IN A PLACE WHERE HE HAS A RIGHT TO BE, INCLUDING THE PERSON'S PLACE OF BUSINESS, AND THE USE OF DEADLY FORCE IS NECESSARY TO PREVENT DEATH, GREAT BODILY INJURY, OR THE COMMISSION OF A VIOLENT CRIME, AND TO PROVIDE THAT A PERSON WHO LAWFULLY USES DEADLY FORCE IS IMMUNE FROM CRIMINAL PROSECUTION AND CIVIL ACTION AND MAY NOT BE ARRESTED UNLESS PROBABLE CAUSE EXISTS THAT THE DEADLY FORCE USED WAS UNLAWFUL; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO LIST OF VIOLENT CRIMES, SO AS TO ADD TRAFFICKING IN COCAINE BASE; AND BY ADDING SECTION 16-23-415 SO AS TO CREATE THE OFFENSE OF TAKING A FIREARM OR OTHER WEAPON FROM THE PERSON OF A LAW ENFORCEMENT OFFICER AND TO PROVIDE A PENALTY.

(R413, H. 4391 (Word version)) -- Reps. Taylor, Bingham, Cato and Duncan: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-61-60 SO AS TO AUTHORIZE AN INSURANCE COMPANY TO ADVERTISE A POLICY IN A FOREIGN LANGUAGE, BUT ONLY OFFER THE POLICY IN ENGLISH.

(R414, H. 4410 (Word version)) -- Reps. Cotty and Brady: AN ACT TO AMEND SECTION 8-13-1510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT REQUIRED BY THE ETHICS ACT, SO AS TO CAP THE FINE AT FIVE THOUSAND DOLLARS; AND TO AMEND SECTION 8-13-740, AS AMENDED, RELATING TO REPRESENTATION BY A PUBLIC OFFICIAL, MEMBER, OR EMPLOYEE BEFORE A GOVERNMENTAL ENTITY, SO AS TO PROVIDE FOR NOTICE OF A CONFLICT AND RECUSAL RATHER THAN THE RESIGNATION OF THE PUBLIC OFFICIAL.

(R415, H. 4419 (Word version)) -- Reps. Townsend, Cooper, White, Thompson, Agnew and Martin: AN ACT TO AMEND SECTION 12-21-4190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BINGO CARD CHARGES, SO AS TO REVISE THE CHARGES FOR VARIOUS CLASSES OF BINGO CARDS BY THE DEPARTMENT OF REVENUE AND THE AMOUNT THE DEPARTMENT MAY RETAIN; AND TO AMEND SECTION 12-21-4200, AS AMENDED, RELATING TO THE DISTRIBUTION OF BINGO REVENUES, SO AS TO PROVIDE FOR A MINIMUM DISTRIBUTION TO SPECIFIED AGENCIES.

(R416, H. 4426 (Word version)) -- Reps. Thompson and Martin: AN ACT TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE THAT WHEN AN ENTITY EXEMPT FROM PROPERTY TAX AS A NONPROFIT CORPORATION FUNDED BY FEDERAL OR STATE LOANS OR AS A RELIGIOUS, CHARITABLE, ELEEMOSYNARY, EDUCATIONAL, OR LITERARY ORGANIZATION LEASES PROPERTY OWNED BY IT TO SIMILARLY PROPERTY TAX EXEMPT ENTITIES, THE LEASED PORTION OF THE PROPERTY IS EXEMPT FROM PROPERTY TAX.

(R417, H. 4449 (Word version)) -- Reps. Cotty, Harrell, Merrill, Walker, Ballentine, Limehouse, E.H. Pitts, Haley, Clark, Townsend, Altman, Anthony, Bailey, Bingham, Bowers, Cato, Ceips, Chellis, Clyburn, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Hagood, Harrison, Haskins, Herbkersman, Hinson, Leach, Littlejohn, Loftis, Mahaffey, Martin, Phillips, Pinson, M.A. Pitts, Rhoad, Sandifer, Scarborough, F.N. Smith, G.M. Smith, J.R. Smith, Thompson, Toole, Tripp, Umphlett, Vaughn, White, Whitmire, Young, Bales, Lucas, Kirsh, Huggins, Brady, Hamilton, McGee and Stewart: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 36 OF TITLE 12, RELATING TO THE SALES TAX, SO AS TO IMPOSE AN ADDITIONAL ONE PERCENT SALES AND USE TAX; TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO SALES TAXES GENERALLY, SO AS TO PROVIDE THAT THE SALES TAX ON UNPREPARED FOOD IS THREE PERCENT AND TO PROVIDE FOR CERTAIN GENERAL FUND TRANSFERS TO THE EDUCATION IMPROVEMENT ACT FUND FOR EACH FISCAL YEAR TO OFFSET EIA REVENUES LOST AS A RESULT OF THE REDUCED SALES TAX ON THE SALE OF UNPREPARED FOOD; TO ADD SECTION 11-11-155 SO AS TO CREATE THE HOMESTEAD EXEMPTION FUND, TO PROVIDE FOR THE OPERATION OF THE FUND, AND PROVIDE FOR THE TRANSFER INTO THE FUND OF THE ADDITIONAL ONE PERCENT SALES TAX REVENUES PROVIDED FOR ABOVE AND CERTAIN OTHER FUNDS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE AN ADDITIONAL EXEMPTION EQUAL TO ONE HUNDRED PERCENT OF THE FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY FROM THE PROPERTY TAX IMPOSED FOR SCHOOL OPERATING PURPOSES, TO PROVIDE THAT THIS EXEMPTION WITH CERTAIN EXCEPTIONS DOES NOT APPLY WITH RESPECT TO PROPERTY TAX IMPOSED FOR PAYMENT OF GENERAL OBLIGATION DEBT, AND TO REQUIRE A TWO-THIRDS VOTE OF THE MEMBERSHIP OF EACH HOUSE TO DELETE OR REDUCE THIS EXEMPTION; TO AMEND SECTION 11-11-150, AS AMENDED, RELATING TO THE DISTRIBUTION OF CERTAIN STATE TAX REVENUES INCLUDING THOSE FOR THE TRUST FUND FOR TAX RELIEF; TO AMEND SECTION 12-37-251, AS AMENDED, RELATING TO THE TRUST FUND FOR TAX RELIEF AND REIMBURSEMENTS TO SCHOOL DISTRICTS FROM THIS TRUST FUND; TO AMEND SECTION 12-37-270, RELATING TO REIMBURSEMENTS TO POLITICAL SUBDIVISIONS AS A RESULT OF THE HOMESTEAD PROPERTY TAX EXEMPTION FOR PERSONS SIXTY-FIVE AND OVER, SO AS TO MAKE CONFORMING CHANGES TO THESE SECTIONS TO REFLECT THE REDIRECTION OF CERTAIN STATE REVENUES AS A RESULT OF THE ESTABLISHMENT OF THE HOMESTEAD EXEMPTION FUND IN SECTION 11-11-155 ABOVE; TO REPEAL SECTION 12-37-223A ALLOWING COUNTIES TO LIMIT PROPERTY TAX VALUATION INCREASES; TO SUSPEND THE IMPOSITION OF SALES, USE, AND CASUAL EXCISE TAXES TO OTHERWISE TAXABLE EVENTS OCCURRING ON NOVEMBER 24 AND 25, 2006, AND TO PROVIDE EXCEPTIONS; TO ADD SECTION 11-11-156 SO AS TO PROVIDE FOR THE MANNER, AMOUNT, AND CONDITIONS UNDER WHICH REVENUES OF THE HOMESTEAD EXEMPTION FUND SHALL BE DISTRIBUTED TO SCHOOL DISTRICTS AND FOR CERTAIN OTHER PURPOSES; TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO THE LIMITATIONS ON MILLAGE INCREASES, SO AS TO REVISE THESE LIMITATIONS AND THE MANNER IN WHICH EXCEPTIONS MAY BE APPROVED, COMPUTED, AND IMPLEMENTED; TO PROVIDE FOR THE MANNER IN WHICH REFERENDUMS MAY BE HELD AT THE SAME TIME AS THE 2006 GENERAL ELECTION AS TO WHETHER OR NOT THE IMPOSITION OF A LOCAL OPTION SALES TAX IN A COUNTY SHOULD BE REPEALED; TO AMEND TITLE 12, BY ADDING ARTICLE 25 TO CHAPTER 37, ENACTING THE "SOUTH CAROLINA PROPERTY TAX VALUATION REFORM ACT", SO AS TO PROVIDE FOR A VALUATION OF REAL PROPERTY FOR PURPOSES OF THE PROPERTY TAX THAT LIMITS THE INCREASE IN TAXABLE VALUE NOT TO EXCEED FIFTEEN PERCENT OVER A FIVE-YEAR PERIOD UNLESS AN ASSESSABLE TRANSFER OF INTEREST OCCURS; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CLASSIFICATIONS OF PROPERTY FOR THE PROPERTY TAX, SO AS TO FURTHER PROVIDE HOW FAIR MARKET VALUE OF REAL PROPERTY SHALL BE DETERMINED; TO AMEND SECTION 6-1-50, RELATING TO FINANCIAL REPORTS, SO AS TO REQUIRE SUBMISSION OF ANNUAL FINANCIAL REPORTS TO THE STATE BUDGET AND CONTROL BOARD, OFFICE OF RESEARCH AND STATISTICS, ECONOMIC RESEARCH SECTION AND TO PROVIDE SUBMISSION AND COMPLIANCE CRITERIA FOR THESE REPORTS; TO AMEND SECTION 12-60-2510, AS AMENDED, RELATING TO PROPERTY TAX NOTICES, SO AS TO ALLOW THAT IN YEARS IN WHICH THERE IS NO NOTICE OF A PROPERTY TAX ASSESSMENT, A TAXPAYER MAY PROTEST THE ASSESSMENT VALUE NINETY DAYS AFTER THE TAX NOTICE IS MAILED AND TO MAKE A CONFORMING AMENDMENT; TO AMEND CHAPTER 10, TITLE 4 BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE MANNER IN WHICH LOCAL OPTION SALES AND USE TAXES MAY BE IMPOSED FOR LOCAL PROPERTY TAX CREDITS INCLUDING THE REQUIREMENT OF A REFERENDUM; TO PROVIDE THAT THE SALES TAX EXEMPTIONS IN SECTION 12-36-2120 SHALL BE REVIEWED BY THE GENERAL ASSEMBLY AT LEAST BY 2010 AND AT LEAST EVERY TEN YEARS THEREAFTER; TO AMEND SECTION 12-37-670, RELATING TO LISTING AND ASSESSMENT OF NEW STRUCTURES FOR PROPERTY TAX PURPOSES, SO AS TO AUTHORIZE A COUNTY GOVERNING BODY BY ORDINANCE TO REQUIRE THAT A NEW STRUCTURE BE LISTED BY THE FIRST DAY OF THE MONTH AFTER THE CERTIFICATE OF OCCUPANCY IS ISSUED FOR THE STRUCTURE AND TO PROVIDE FOR THE TIMING OF PAYMENT OF TAXES DUE; TO REPEAL SECTION 12-37-680 RELATING TO A LOCAL COUNTY ORDINANCE ADOPTING THE SAME RULE; TO AMEND SECTION 12-45-75, AS AMENDED, RELATING TO THE PAYMENT OF PROPERTY TAXES IN INSTALLMENTS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH A COUNTY MAY PROVIDE FOR THE PAYMENT OF PROPERTY TAXES IN INSTALLMENTS; AND TO AMEND SECTION 11-27-110, AS AMENDED, RELATING TO LEASE PURCHASE OR FINANCING AGREEMENTS SUBJECT TO CONSTITUTIONAL DEBT LIMITATIONS, SO AS TO REVISE THE DEFINITION OF A "FINANCING AGREEMENT" AND "REFINANCING AGREEMENT" TO INCLUDE CERTAIN SCHOOL DISTRICT OR POLITICAL SUBDIVISION CONTRACTS; AND TO PROVIDE FOR THE MANNER IN WHICH THE ABOVE PROVISIONS SHALL TAKE EFFECT.

(R418, H. 4450 (Word version)) -- Reps. Cotty, Harrell, Merrill, Walker, Ballentine, Haley, Chellis, E.H. Pitts, Townsend, Clark, Altman, Bailey, Bales, Bingham, Bowers, Brady, Cato, Ceips, Clyburn, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Hagood, Harrison, Haskins, Herbkersman, Hinson, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mahaffey, Martin, Phillips, Pinson, M.A. Pitts, Rhoad, Sandifer, Scarborough, G.M. Smith, J.R. Smith, Thompson, Toole, Tripp, Umphlett, Vaughn, White, Whitmire, Young, W.D. Smith, Kirsh, Huggins, Hamilton, McGee and Stewart: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 29, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO PROVIDE THAT TAXES UPON REAL PROPERTY MUST BE ASSESSED IN ACCORDANCE WITH THE METHODS AS PROVIDED BY THE GENERAL ASSEMBLY IN ARTICLE X OF THE STATE CONSTITUTION; TO AMEND SECTION 6 OF ARTICLE X, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ESTABLISH A METHOD OF VALUATION FOR ASSESSMENT OF REAL PROPERTY WITHIN THE STATE; AND TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL PROVIDE FOR THE TERMS, CONDITIONS, AND PROCEDURES TO IMPLEMENT THE ABOVE PROVISIONS.

(R419, H. 4456 (Word version)) -- Reps. Harrison and Haley: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 TO TITLE 23 SO AS TO ENACT THE SOUTH CAROLINA CRIMESTOPPERS ACT, TO PROVIDE FOR THE PURPOSE OF CRIMESTOPPER ORGANIZATIONS, TO PROVIDE FOR DEFINITIONS OF VARIOUS TERMS CONTAINED IN THIS CHAPTER, TO ESTABLISH THE SOUTH CAROLINA CRIMESTOPPERS COUNCIL AND ITS DUTIES, TO PROVIDE THAT A COURT MAY ORDER A DEFENDANT TO REPAY TO A CRIMESTOPPERS ORGANIZATION OR TO THE CRIMESTOPPERS COUNCIL A REWARD ISSUED BY EITHER ENTITY, TO PROVIDE FOR THE REIMBURSEMENT OF MONIES PAID BY CRIMESTOPPERS ORGANIZATION OR THE CRIMESTOPPERS COUNCIL FOR INFORMATION THAT RESULTS IN THE ARREST OF AN INDIVIDUAL WHERE MONIES ARE CONFISCATED AND FORFEITED PURSUANT TO AN ARREST, TO PROVIDE FOR THE MAINTENANCE AND DISBURSEMENT OF FUNDS REIMBURSED TO A CRIMESTOPPERS ORGANIZATION, TO PROVIDE FOR THE ADMISSIBILITY AND THE RELEASE OF CERTAIN EVIDENCE, PROTECTED INFORMATION, AND PROTECTED IDENTITIES IN A COURT PROCEEDING, TO PROVIDE THAT IT IS UNLAWFUL FOR CERTAIN PERSONS TO INTENTIONALLY OR KNOWINGLY DIVULGE CERTAIN PRIVILEGE COMMUNICATION, PROTECTED INFORMATION, OR A PROTECTED IDENTITY UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE IMMUNITY FROM CIVIL LIABILITY FOR CERTAIN PERSONS WHO COMMUNICATE WITH, ACT ON PRIVILEGED COMMUNICATION, OR ARE OFFICERS OR EMPLOYEES OF A CRIMESTOPPERS ORGANIZATION OR THE CRIMESTOPPERS COUNCIL; TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE BY A PUBLIC BODY, SO AS TO PROVIDE THAT A PUBLIC BODY MAY NOT DISCLOSE A PRIVILEGED COMMUNICATION, PROTECTED INFORMATION, OR A PROTECTED IDENTITY EXCEPT UNDER CERTAIN CONDITIONS; TO REPEAL SECTION 44-53-583 RELATING TO REIMBURSEMENT OF CERTAIN MONIES TO A CRIMESTOPPERS ORGANIZATION; TO AMEND SECTION 16-3-1525, AS AMENDED, RELATING TO A LAW ENFORCEMENT AGENCY'S, PROSECUTING AGENCY'S, AND THE COURT'S DUTY TO ATTEMPT TO PROVIDE A CRIME VICTIM AND CERTAIN OTHER AGENCIES INFORMATION ABOUT AN ARRESTED PERSON, SO AS TO REVISE THE METHODS OF PROVIDING THIS INFORMATION TO CERTAIN CRIME VICTIMS, AND TO DEFINE THE TERM "PATTERN"; AND TO AMEND SECTION 16-3-1230, RELATING TO A CLAIM FOR AN AWARD FROM THE VICTIM'S COMPENSATION FUND FILED ON BEHALF OF A PERSON WHO IS A MINOR OR INCOMPETENT, SO AS TO REVISE THE INSTANCES UPON WHICH A CLAIM MAY BE FILED, AND TO REVISE THE CIRCUMSTANCES WHEN THE DEADLINE FOR FILING A CLAIM MAY BE EXTENDED.

(R420, H. 4471 (Word version)) -- Reps. Clemmons, Barfield, Vick, Martin, Cotty, Witherspoon, Hardwick, Harrison, Altman, Bales, Edge, Hagood, Hayes, Jennings, Leach, Limehouse, Loftis, M.A. Pitts, Rice, Sinclair, J.E. Smith, Viers and White: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-37-155 SO AS TO PROVIDE FOR AN ACTION ON A COMMERCIAL LEASE IN WHICH THE LANDLORD SUES FOR POSSESSION AND THE TENANT RAISES DEFENSES OR COUNTERCLAIMS INCLUDING A PROVISION FOR PAYMENT OF RENT PENDENTE LITE, FACILITATION OF THE HEARING OF THE CASE IF A JURY TRIAL IS REQUESTED, FOR ISSUANCE OF A WARRANT OF EJECTMENT, AND FOR PAYMENT OF THE RENTAL JUDGMENT DIRECTLY OR THROUGH THE MAGISTRATE'S OFFICE, WITH A THREE PERCENT ADMINISTRATION FEE.

(R421, H. 4662 (Word version)) -- Reps. White, Cooper, Leach, Martin, Sandifer and Skelton: AN ACT TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE, REALLOCATE, AND RENAME CERTAIN BOND AUTHORIZATIONS FOR CLEMSON UNIVERSITY.

(R422, H. 4671 (Word version)) -- Reps. G.M. Smith, Delleney and Harrison: AN ACT TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS THAT AN ADMINISTRATIVE LAW JUDGE SHALL PRESIDE OVER, SO AS TO DELETE THE PROVISION THAT EXCLUDES CERTAIN MOTOR VEHICLE RELATED HEARINGS AND PROCEEDINGS, TO PROVIDE THAT THE CLERK OF THE ADMINISTRATIVE LAW COURT MUST FILE A CERTIFIED COPY OF A FINAL ORDER WITH A CLERK OF THE CIRCUIT COURT UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THIS ORDER HAS THE SAME EFFECT AS A JUDGMENT OF THE COURT; TO AMEND SECTION 1-23-660, AS AMENDED, RELATING TO THE ADMINISTRATIVE LAW COURT DIVISION OF MOTOR VEHICLE HEARINGS, SO AS TO GIVE THE CHIEF JUDGE OF THE ADMINISTRATIVE LAW COURT THE AUTHORITY TO PROMULGATE RULES GOVERNING THE PRACTICE AND PROCEDURES BEFORE THE DIVISION WHICH ARE SUBJECT TO REVIEW BY THE SUPREME COURT, TO PROVIDE THAT CERTAIN LAW ENFORCEMENT AGENCIES THAT EMPLOY AN OFFICER THAT REQUESTS A BREATH TEST OR ACTED AS A BREATH TEST OPERATOR IS A PARTY TO CERTAIN HEARINGS BEFORE THE DIVISION, TO PROVIDE THAT REPRESENTATIVES OF THE DEPARTMENT OF MOTOR VEHICLES ARE NOT REQUIRED TO APPEAR AT CERTAIN HEARINGS, AND TO PROVIDE THAT TAPE RECORDINGS OF ALL HEARINGS AND ALL EVIDENCE INTRODUCED AT THE HEARINGS WILL BE MADE PART OF THE RECORD ON APPEAL AND COPIES OF THESE ITEMS WILL BE PROVIDED TO THE PARTIES TO THOSE APPEALS AT NO CHARGE; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN THE PROVISIONS RELATING TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE DEFINITIONS FOR CERTAIN TERMS THAT RELATE TO THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-370, RELATING TO THE REVIEW OF THE CANCELLATION, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT OF MOTOR VEHICLES TO CONDUCT THE REVIEW AND PROVIDE THAT THE DIVISION OF MOTOR VEHICLE HEARINGS SHALL CONDUCT THESE PROCEEDINGS; TO AMEND SECTION 56-1-1030, RELATING TO THE REVOCATION OF THE DRIVER'S LICENSE OF AN HABITUAL OFFENDER, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MUST REVOKE OR SUSPEND THE DRIVER'S LICENSE OF A PERSON IT DETERMINES TO BE AN HABITUAL OFFENDER AND THIS DECISION MAY BE APPEALED TO THE DIVISION OF MOTOR VEHICLES HEARINGS; TO AMEND SECTION 56-1-1090, RELATING TO THE ISSUANCE OF A LICENSE TO AN HABITUAL OFFENDER, SO AS TO PROVIDE THAT A PETITION TO OBTAIN A DRIVER'S LICENSE PURSUANT TO THIS PROVISION MUST BE FILED WITH THE DIVISION OF MOTOR VEHICLE HEARINGS AND REVISE THE PERIOD IN WHICH A PETITION MAY BE FILED; TO AMEND SECTION 56-5-2951, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR HIS REFUSAL TO SUBMIT TO TESTING FOR CERTAIN LEVELS OF ALCOHOL CONCENTRATION, SO AS TO PROVIDE THAT ADMINISTRATIVE HEARINGS THAT ARE CONDUCTED PURSUANT TO THIS PROVISION MUST BE CONDUCTED BY THE DIVISION OF MOTOR VEHICLE HEARINGS AND REVIEWED BY THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 56-1-286, RELATING TO SUSPENSION OF A DRIVER'S LICENSE OF A PERSON UNDER TWENTY-ONE YEARS OF AGE FOR DRIVING WITH AN ILLEGAL ALCOHOL CONCENTRATION, SO AS TO PROVIDE THAT AN ADMINISTRATIVE HEARING SCHEDULED PURSUANT TO THIS PROVISION MUST BE HEARD BY THE DIVISION OF MOTOR VEHICLE HEARINGS AND REVIEWED BY THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 56-9-363, RELATING TO AN ADMINISTRATIVE HEARING TO CHALLENGE THE SUSPENSION OF A DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT THE HEARING MUST BE CONDUCTED BEFORE THE DIVISION OF MOTOR VEHICLE HEARINGS WITH APPEALS FILED WITH THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 56-15-350, RELATING TO THE DENIAL, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE BY THE DEPARTMENT OF MOTOR VEHICLES UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT A LICENSEE MAY HAVE THIS DECISION REVIEWED BY THE DIVISION OF MOTOR VEHICLE HEARINGS; TO REPEAL SECTIONS 56-1-410, 56-5-2952, AND 56-9-320, RELATING TO JUDICIAL REVIEW OF THE DENIAL, CANCELLATION, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE, THE FILING FEE FOR AN ADMINISTRATIVE HEARING, AND JUDICIAL REVIEW OF ORDERS OR ACTS OF THE DEPARTMENT OF MOTOR VEHICLES; AND TO AMEND SECTION 56-5-4160, RELATING TO THE WEIGHING OF VEHICLES AND THEIR LOADS, THE UNLOADING OF EXCESS WEIGHT FROM A VEHICLE, AND PENALTIES ASSOCIATED WITH THE OPERATION OF A VEHICLE WHICH IS CARRYING EXCESS WEIGHT, SO AS TO REVISE THE FINES ASSOCIATED WITH THE OPERATION OF A VEHICLE WHICH IS CARRYING EXCESS WEIGHT, TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO MOTOR VEHICLES OPERATING OPEN TOP TRAILERS USED FOR HAULING RECYCLABLES, SCRAP, AND WASTE MATERIALS FROM SITES WITHOUT FACILITIES FOR WEIGHING, LIMIT THE NUMBER OF CITATIONS AND FINES A MOTOR VEHICLE OPERATOR MAY BE ISSUED FOR VIOLATING BOTH GROSS AND AXLE LIMITS, TO PROVIDE THAT A FINE MAY BE ISSUED FOR A VIOLATION OF THE VEHICLE REGISTRATION STATUTES UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FINES FOR OPERATING A VEHICLE WITH OUT-OF-SERVICE VIOLATIONS, TO REVISE THE NAME OF THE CITATION THAT MAY BE ISSUED PURSUANT TO THIS SECTION, TO INCREASE THE AMOUNT OF TIME A PERSON MAY PAY A FINE BEFORE ASSESSMENTS MAY BE ADDED TO THE FINE, TO DELETE THE PROVISION THAT REQUIRES A FINE TO BE RETURNED PROMPTLY WHEN THERE IS NO CONVICTION FOR A VIOLATION, TO PROVIDE THAT FINES COLLECTED PURSUANT TO THIS SECTION MAY BE USED TO HIRE STATE TRANSPORT POLICE OFFICERS, PURCHASE EQUIPMENT FOR THE OFFICERS, AND FUND COMMERCIAL MOTOR VEHICLE SAFETY PROGRAMS, TO PROVIDE THAT THE LICENSE AND REGISTRATION OF A VEHICLE FOUND TO VIOLATE SECTION 58-23-1120 AND CERTAIN REGULATIONS MUST BE SUSPENDED PURSUANT TO THIS SECTION UNDER CERTAIN CIRCUMSTANCES, TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT ISSUANCE OF A UNIFORM CITATION FOR A VIOLATION OF SECTION 58-23-1120 AND CERTAIN REGULATIONS CONSTITUTES NOTICE TO CERTAIN PERSONS OF A VIOLATION, TO PROVIDE A FINE FOR FAILURE TO COMPLY WITH CERTAIN PROVISIONS OF THE FEDERAL MOTOR CARRIER SAFETY REGULATIONS, AND TO PROVIDE A PENALTY FOR CERTAIN PERSONS WHO FAIL TO PERMIT STATE TRANSPORT POLICE OFFICIALS FROM EXAMINING THEIR PROPERTY.

(R423, H. 4672 (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 PREVENTION AND CONTROL OF LEAD POISONING IN CHILDREN, DESIGNATED AS REGULATION DOCUMENT NUMBER 3004, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R424, H. 4678 (Word version)) -- Reps. G.M. Smith, Weeks and Coates: AN ACT TO AMEND SECTION 20-7-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INFANTS VOLUNTARILY LEFT AT A HOSPITAL BY A PARENT OR AT THE DIRECTION OF A PARENT AND PROVIDING IMMUNITY TO SUCH PARENT OR PERSON UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT AN INFANT MAY ALSO BE LEFT AT A LAW ENFORCEMENT AGENCY, A FIRE STATION, AN EMERGENCY MEDICAL SERVICES STATION, OR A STAFFED HOUSE OF WORSHIP; TO INCLUDE THESE LOCATIONS, AS WELL AS HOSPITALS, IN THE DEFINITION OF "SAFE HAVEN", TO PROVIDE THAT SUCH IMMUNITY ATTACHES WHEN AN INFANT IS LEFT IN THE PHYSICAL CUSTODY OF A STAFF MEMBER OR EMPLOYEE OF A SAFE HAVEN, AND TO PROVIDE THAT A LAW ENFORCEMENT AGENCY, FIRE STATION, EMERGENCY MEDICAL SERVICES STATION, OR A HOUSE OF WORSHIP MUST TRANSPORT AN INFANT TO A HOSPITAL WHEN THE INFANT IS LEFT AT SUCH A LOCATION.

(R425, H. 4687 (Word version)) -- Reps. Cotty and Harrison: AN ACT TO AMEND SECTION 20-7-6840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMUNITY SERVICES PROVIDED BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT INTENSIVE SUPERVISION SERVICES ARE AMONG THE COMMUNITY-BASED PROGRAMS THE DEPARTMENT PROVIDES; AND TO SPECIFY THAT JUVENILES WHO REQUIRE ENHANCED SUPERVISION, MONITORING, AND CONTACTS OR A HIGHER LEVEL OF TREATMENT MUST BE ASSIGNED TO INTENSIVE SUPERVISION SERVICES AND TO FURTHER PROVIDE FOR THE SCOPE AND DELIVERY OF THESE SERVICES.

(R426, H. 4692 (Word version)) -- Reps. Davenport and McLeod: AN ACT TO AMEND SECTION 44-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS OF CERTAIN DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RULINGS AND ORDERS, SO AS TO PROVIDE THAT VIOLATIONS OF RULINGS AND ORDERS, AMONG OTHER THINGS, ISSUED PURSUANT TO THE DEPARTMENT'S GENERAL AUTHORITY PROVIDED FOR IN SECTION 44-1-140 ARE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS A DAY FOR EACH VIOLATION AND THAT THE DEPARTMENT SHALL SUBMIT THESE FINES TO THE STATE GENERAL FUND, AND TO PROVIDE AN EXCEPTION FOR FINES LEVIED FOR CONTROL OF INDUSTRIAL PLANTS OR AREAS REGULATED BY THE SOUTH CAROLINA OCCUPATIONAL HEALTH AND SAFETY ACT; AND TO AMEND SECTION 44-7-3440, RELATING TO THE REQUIREMENT THAT HOSPITAL PERSONNEL AND TRAINEES WEAR IDENTIFICATION BADGES, SO AS TO FURTHER SPECIFY THAT FIRST OR LAST NAMES AND INITIALS MAY BE USED ON SUCH BADGES.

(R427, H. 4707 (Word version)) -- Reps. Govan, Scott, Hosey, Moody-Lawrence, Whipper, Clark, Howard, Mack, Vick, Allen, Battle, Bowers, Brady, Branham, Cato, Ceips, Clemmons, Clyburn, Funderburk, Haskins, Hodges, Jefferson, McLeod, Ott, Perry, Rice, Scarborough, Sinclair, G.M. Smith, J.E. Smith and Townsend: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-29-440 THROUGH 59-29-570 SO AS TO ENACT THE "SOUTH CAROLINA FINANCIAL LITERACY TRUST ACT", WHICH IS AN INITIATIVE FOR IMPROVING FINANCIAL LITERACY BY PROVIDING GRANTS TO SCHOOL DISTRICTS TO PROVIDE FINANCIAL LITERACY INSTRUCTION FOR STUDENTS IN KINDERGARTEN THROUGH TWELFTH GRADE; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO ESTABLISH THE SOUTH CAROLINA FINANCIAL LITERACY BOARD OF TRUSTEES, TO PROVIDE THAT IT SHALL OVERSEE THE FINANCIAL LITERACY TRUST, AND TO ESTABLISH THE PURPOSES OF THE BOARD AND ITS COMPOSITION, FUNCTIONS, AND DUTIES; TO PROVIDE FOR A FUND TO ACCEPT PUBLIC AND PRIVATE MONIES, AND PROVIDE THAT NO STATE FUNDS MAY BE USED FOR THE FINANCIAL LITERACY INITIATIVE; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; AND TO PROVIDE THE PROCEDURE FOR APPLYING FOR A GRANT, ESTABLISH FISCAL GUIDELINES, AND EVALUATION REQUIREMENTS; TO AMEND SECTION 12-6-5060, AS AMENDED, RELATING TO DESIGNATING CONTRIBUTIONS TO CERTAIN CHARITABLE FUNDS THROUGH INDIVIDUAL INCOME TAX RETURNS, SO AS TO AUTHORIZE CONTRIBUTIONS TO THE FINANCIAL LITERACY TRUST; TO REPEAL SECTIONS 59-29-420 AND 59-29-425, BOTH RELATING TO A FINANCIAL LITERACY FUND; AND TO PROVIDE THE INTENT.

(R428, H. 4723 (Word version)) -- Reps. Mitchell, Whipper, Davenport, Moody-Lawrence, Hosey, J.H. Neal, Haley, Breeland, Kennedy, Hodges, Haskins, Rivers, Mack, Allen, Ballentine, Bannister, Barfield, Battle, Bowers, Branham, J. Brown, R. Brown, Cato, Ceips, Chalk, Clyburn, Cobb-Hunter, Emory, Funderburk, Hamilton, Howard, Jefferson, Leach, Limehouse, Littlejohn, Mahaffey, J.M. Neal, Neilson, Parks, Perry, Phillips, F.N. Smith, J.E. Smith, W.D. Smith, Tripp, Viers, Weeks and Harvin: AN ACT TO CREATE A SOUTH CAROLINA AFFORDABLE HOUSING STUDY COMMITTEE COMPRISED OF INDIVIDUALS FROM A VARIETY OF DISCIPLINES WHO ARE TRAINED AND KNOWLEDGEABLE IN AFFORDABLE HOUSING NEEDS AND WHOSE PURPOSE IS TO RECOMMEND LEGISLATIVE CHANGES, IF APPROPRIATE TO THE GOVERNOR AND GENERAL ASSEMBLY, RELATED TO AFFORDABLE HOUSING ISSUES IN THE STATE, AND TO PROVIDE FOR ITS DISSOLUTION UPON THE FILING OF IT'S RECOMMENDATIONS.

(R429, H. 4737 (Word version)) -- Reps. Edge, Clemmons, Mitchell, Bales, Chalk, Hiott, Rice, Sandifer, Kirsh, E.H. Pitts, J. Brown, Huggins, R. Brown and Cobb-Hunter: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-225 SO AS TO PROVIDE THAT FEDERAL OR STATE INCOME TAX CREDITS FOR LOW INCOME HOUSING MAY NOT BE CONSIDERED WITH RESPECT TO THE VALUATION OF REAL PROPERTY OR IN DETERMINING THE FAIR MARKET VALUE OF REAL PROPERTY FOR PROPERTY TAX PURPOSES, AND TO PROVIDE THAT FOR PROPERTIES THAT HAVE DEED RESTRICTIONS IN EFFECT THAT PROMOTE OR PROVIDE FOR LOW INCOME HOUSING, THE INCOME APPROACH MUST BE THE METHOD OF VALUATION TO BE USED.

(R430, H. 4758 (Word version)) -- Rep. G. Brown: AN ACT TO ENACT THE "SCHOOL DISTRICT OF LEE COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX WITHIN LEE COUNTY FOR NOT MORE THAN FIVE YEARS TO PAY DEBT SERVICE ON OR OTHERWISE DEFRAY THE COST OF CAPITAL IMPROVEMENTS MADE BY THE SCHOOL DISTRICT OF LEE COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED BY ORDINANCE OF THE LEE COUNTY COUNCIL, TO PROVIDE FOR THE IMPOSITION, ADMINISTRATION, COLLECTION, AND ENFORCEMENT OF THIS TAX, AND TO EXEMPT FROM THE TAX FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS.

(R431, H. 4773 (Word version)) -- Reps. Sinclair, Rivers, Harrison, G.M. Smith, Davenport, Mitchell, McLeod, Allen, Delleney, Mahaffey, McGee, W.D. Smith, Talley and White: AN ACT TO AMEND SECTION 62-5-504, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH A HEALTH CARE POWER OF ATTORNEY, SO AS TO CONFORM THE SOUTH CAROLINA STATUTORY FORM FOR THE HEALTH CARE POWER OF ATTORNEY EXECUTED ON OR AFTER JANUARY 1, 2007, TO PROVIDE FURTHER FOR A SUCCESSOR AGENT, TO INCLUDE A HIPAA (HEALTH INFORMATION PORTABILITY AND ACCOUNTABILITY ACT OF 1996) AUTHORIZATION, TO CLARIFY DESIGNATION CHOICES IN CONNECTION WITH TUBE FEEDING, AND TO PROVIDE FOR AN OPTIONAL ACKNOWLEDGEMENT BY A NOTARY PUBLIC; AND TO AMEND SECTION 62-7-405, AS AMENDED, RELATING TO THE PURPOSES FOR CREATION OF A CHARITABLE TRUST, SO AS TO DELETE THE REQUIREMENT THAT A CHARITABLE TRUST INSTRUMENT OR REPORT BE FILED WITH THE ATTORNEY GENERAL.

(R432, H. 4810 ) -- Ways and Means Committee: AN ACT TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING JULY 1, 2006; 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.

(R433, H. 4812 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2005-2006.

(R434, H. 4831 (Word version)) -- Reps. Cobb-Hunter, Young, Simrill and Whipper: AN ACT TO AMEND SECTION 43-1-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMUNITY DOMESTIC VIOLENCE COORDINATING COUNCILS AND THEIR PURPOSE, MEMBERSHIP, AND DUTIES, SO AS TO PROVIDE THAT THE CIRCUIT SOLICITOR, RATHER THAN THE DEPARTMENT OF SOCIAL SERVICES, SHALL FACILITATE THE DEVELOPMENT OF THESE COUNCILS IN EACH COUNTY OR JUDICIAL CIRCUIT, TO ADD A REPRESENTATIVE OF THE DEPARTMENT OF SOCIAL SERVICES TO THE RECOMMENDED PARTICIPANTS ON THE COUNCILS, AND TO PROVIDE THAT MEMBERS ON SUCH COUNCILS SHALL ESTABLISH MEMORANDA OF AGREEMENT AMONG AND BETWEEN THESE MEMBERS; AND TO ADD SECTION 22-3-546 SO AS TO AUTHORIZE A CIRCUIT SOLICITOR, IN A CIRCUIT WITH FIVE OR MORE COUNTIES, TO ESTABLISH AND DIRECT A PROGRAM TO PROSECUTE FIRST OFFENSE MISDEMEANOR CRIMINAL DOMESTIC VIOLENCE OFFENSES AND TO REQUIRE THE SOLICITOR TO REPORT THE RESULTS OF THE PROGRAM TO THE PROSECUTION COORDINATION COMMISSION.

(R435, H. 4847 (Word version)) -- Reps. Clemmons, Barfield, Edge, Hardwick, Hayes, Viers and Witherspoon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-36 SO AS TO PROVIDE THAT A PERSON OR FIRM WHO RESELLS TICKETS TO AN EVENT FOR MORE THAN ONE DOLLAR ABOVE THE ORIGINAL PRICE VIOLATES THE SOUTH CAROLINA UNFAIR TRADE PRACTICES ACT AND TO DEFINE THE TERM "ORIGINAL TICKET SELLER"; TO AMEND SECTION 16-17-710, RELATING TO SELLING TICKETS TO AN ATHLETIC CONTEST, SPORTING, ENTERTAINMENT, OR AMUSEMENT EVENT FOR MORE THAN THE PRESCRIBED AMOUNT, SO AS TO PROVIDE AN EXCEPTION FOR THE RESALE OF TICKETS TO AN EVENT UNDER CERTAIN CIRCUMSTANCES, TO DEFINE THE TERMS "OPEN MARKET EVENT TICKET" AND "PERMITTED PHYSICAL LOCATION", AND TO PROVIDE A PENALTY.

(R436, H. 4856 (Word version)) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3003, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R437, H. 4874 (Word version)) -- Reps. Harrell, Merrill, Cotty, Ballentine, G. Brown, Duncan, Barfield, Haley, Bailey, Bales, Bannister, Battle, Bingham, Brady, Breeland, Cato, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Delleney, Edge, Frye, Hardwick, Harrison, Haskins, Herbkersman, Hinson, Hodges, Huggins, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Mack, McGee, Miller, Norman, Ott, Perry, Pinson, E.H. Pitts, M.A. Pitts, Rhoad, Rice, Sandifer, Scarborough, Simrill, G.R. Smith, J.E. Smith, Talley, Thompson, Townsend, Tripp, Umphlett, Vick, Viers, Walker, White, Whitmire, Young, Lucas and Mitchell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE SOUTH CAROLINA ECONOMIC DEVELOPMENT INCENTIVE ACT, BY ADDING SECTION 12-6-3589 SO AS TO PROVIDE FOR A CREDIT AGAINST THE STATE CORPORATE INCOME TAX FOR COSTS INCURRED BY A MANUFACTURING FACILITY IN COMPLYING WITH WHOLE EFFLUENT TOXICITY TESTING, THE AMOUNT OF THE CREDIT, AND A TEN-YEAR CARRY FORWARD PERIOD, AND TO DEFINE "MANUFACTURING FACILITY"; TO AMEND SECTION 12-6-2250, RELATING TO APPORTIONMENT OF INCOME FOR CERTAIN BUSINESSES, SO AS TO PROVIDE FOR THE CALCULATION OF APPORTIONED INCOME USING SALES FIGURES; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO INCLUDE A BANK AND A LICENSED GENERAL CONTRACTOR AS TAXPAYERS WHO MAY QUALIFY FOR THE CREDIT; TO AMEND SECTION 12-6-3375, RELATING TO A TAX CREDIT AGAINST INCOME TAX FOR COMPANIES USING THE STATE'S PORT FACILITIES, SO AS TO PROVIDE FOR DETERMINATION OF THE BASE PORT CARGO VOLUME, THAT THE TAXPAYER APPLY TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO QUALIFY, THAT THE COUNCIL DETERMINE THE AMOUNT OF THE CREDIT UP TO A MAXIMUM OF EIGHT MILLION DOLLARS FOR ALL TAXPAYERS FOR EACH CALENDAR YEAR, THAT THE ENTIRE MAXIMUM AMOUNT BE PRORATED AMONG QUALIFYING TAXPAYERS IN A CALENDAR YEAR, FOR CARRYOVER OF EXCESS CREDIT FOR THE NEXT FIVE YEARS, AND TO ALLOW THE EXCHANGE OF INFORMATION BETWEEN THE DEPARTMENT AND THE DEPARTMENT OF COMMERCE IN CONNECTION WITH THE CREDIT FOR INCREASED PORT CARGO VOLUME; TO AMEND SECTION 12-6-3410, AS AMENDED, RELATING TO THE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO INCLUDE A BANK'S HEADQUARTERS AND TO REDEFINE "COMPANY BUSINESS UNIT"; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO THE JOB DEVELOPMENT TAX CREDIT, SO AS TO ALLOW FOR A REDUCTION AGAINST THE CREDIT FOR TAXES DUE AND TO INCLUDE CERTAIN EMPLOYEE RELOCATION EXPENSES AS QUALIFYING EXPENSES; TO AMEND SECTION 12-20-110, AS AMENDED, RELATING TO CERTAIN ENTITIES TO WHICH CORPORATION LICENSE FEES PROVISIONS DO NOT APPLY, SO AS TO INCLUDE A CERTIFIED COMMUNITY DEVELOPMENT ENTITY; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTION FROM THE STATE SALES TAX, SO AS TO EXEMPT CONSTRUCTION MATERIALS USED IN BUILDING A SINGLE MANUFACTURING AND DISTRIBUTION CENTER WITH CERTAIN MINIMUM INVESTMENTS; TO AMEND SECTIONS 12-44-130 AND 12-44-140, BOTH AS AMENDED, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES, SO AS TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 4-12-30, AS AMENDED, RELATING TO QUALIFICATION OF AN INDUCEMENT LEASE AGREEMENT FOR THE FEE IN LIEU OF PROPERTY TAXES, SO AS TO REDUCE THE MINIMUM INVESTMENT REQUIREMENT AND TO DELETE CERTAIN INVESTMENTS FROM A FOUR PERCENT MINIMUM ASSESSMENT RATIO; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO DELETE CERTAIN INVESTMENTS FROM A FOUR PERCENT MINIMUM ASSESSMENT RATIO AND TO REDUCE THE MINIMUM INVESTMENT REQUIREMENT; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO PROVIDE FOR A HIGHER TIER OF CREDIT IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 4-12-30 AND SECTION 4-29-67, BOTH RELATING TO THE FEE IN LIEU OF PROPERTY TAX, SO AS TO PROVIDE THAT PROPERTY TITLED IN A COUNTY'S NAME IS PRIVATE PROPERTY FOR PURPOSES OF AN INDUSTRIAL DEVELOPMENT PARK; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO PROVIDE FOR INCOME DATA TO BE DETERMINED BY THE AVERAGE PER CAPITA INCOME OF THE COUNTY OR THE STATE, TO PROVIDE FOR A CREDIT FOR A TAXPAYER OPERATING AN EXTRAORDINARY RETAIL ESTABLISHMENT, AND TO DEFINE "EXTRAORDINARY RETAIL ESTABLISHMENT"; TO AMEND SECTION 12-21-6520, RELATING TO DEFINITIONS FOR PURPOSES OF THE TOURISM INFRASTRUCTURE ADMISSIONS ACT, SO AS TO FURTHER DEFINE "TOURISM OR RECREATIONAL FACILITY"; AND BY ADDING SECTION 12-21-6590 SO AS TO PROVIDE THAT ONLY FOUR EXTRAORDINARY RETAIL ESTABLISHMENTS MAY BE DESIGNATED, THAT SALES TAX BE DETERMINATIVE RATHER THAN ADMISSIONS TAX FOR THIS PURPOSE, AND TO DEFINE "INFRASTRUCTURE IMPROVEMENTS" TO INCLUDE AN AQUARIUM OR NATURAL HISTORY EXHIBIT OR MUSEUM IN CONNECTION WITH THE ESTABLISHMENT, AS WELL AS OTHER EXPENDITURES DIRECTLY SUPPORTING THE CONSTRUCTION OR OPERATION OF THE ESTABLISHMENT.

(R438, H. 5001 (Word version)) -- Reps. Harrell, Hinson, Limehouse, Scarborough, Merrill, Whipper, Breeland, Mack, Young, Chellis, R. Brown and Hagood: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-450 SO AS TO PROVIDE FOR A "MAIN CAMPUS" AND AN "ENTERPRISE CAMPUS" AT TRIDENT TECHNICAL COLLEGE; BY DESIGNATING SECTIONS 59-53-410 THROUGH 59-53-450, RELATING TO THE TRIDENT TECHNICAL COLLEGE, AS SUBARTICLE 1 AND ENTITLED "GENERAL PROVISIONS" OF ARTICLE 5, CHAPTER 53, TITLE 59; AND BY ADDING SUBARTICLE 3 TO ARTICLE 5, CHAPTER 53, TITLE 59 SO AS TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION FOR PURPOSES OF THE FURTHER DEVELOPMENT OF THE MAIN CAMPUS, TO PROVIDE FOR THE CREATION OF THE TRIDENT TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITY, AND TO PROVIDE FOR ITS POWERS AND DUTIES.

(R439, H. 5139 (Word version)) -- Reps. Emory and J.M. Neal: AN ACT TO AMEND SECTION 7-7-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LANCASTER COUNTY, SO AS TO ADD BELAIRE NUMBER 2 AND PLEASANT VALLEY NUMBER 2 TO THE LIST OF VOTING PRECINCTS IN LANCASTER COUNTY.

(R440, H. 5218 (Word version)) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA MARITIME SECURITY COMMISSION AND NAVAL MILITIA, RELATING TO MARITIME SECURITY COMMISSION AND NAVAL MILITIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 3026, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R441, S. 680 (Word version)) -- Senators Sheheen and Ryberg: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-295 SO AS TO PROVIDE THAT MOTOR FUEL MAY BE DISPENSED AT UNATTENDED SERVICE STATIONS IF THE DISPENSING DEVICE HAS AN AUTOMATIC SHUT-OFF VALVE THAT IS ACTIVATED WHEN THE SALE REACHES THIRTY GALLONS AND TO REQUIRE THE DISPENSING DEVICE TO BE EQUIPPED WITH EMERGENCY CONTROLS AND THE SERVICE STATION WITH FIRE EXTINGUISHERS.

(R442, S. 807 (Word version)) -- Senator McConnell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 11, TITLE 40 SO AS TO DEFINE THE TERMS "ACTION", "CLAIMANT", "CONSTRUCTION DEFECT", "CONTRACTOR", "DESIGN PROFESSIONAL", "NONRESIDENTIAL PROPERTY", "SERVE" OR "SERVICE", "SUBCONTRACTOR", AND "SUPPLIER" AND TO PROVIDE PROCEDURES FOR THE RIGHT TO CURE NONRESIDENTIAL CONSTRUCTION DEFECTS BEFORE A CIVIL ACTION OR OTHER REMEDY PROVIDED BY LAW OR CONTRACT MAY BE INSTITUTED OR CONTINUED.

(R443, S. 1044 (Word version)) -- Senator O'Dell: AN ACT TO AMEND SECTION 12-45-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TAX RECEIPTS BY A COUNTY TREASURER UPON FULL PAYMENT OF THE TAXES AND CHARGES DUE, SO AS TO PROVIDE THAT A COUNTY TREASURER MAY ACCEPT A LESSER AMOUNT THAN THE ORIGINAL TAX BILL TOGETHER WITH ANY APPLICABLE PENALTIES, COSTS, AND CHARGES WHENEVER A BANKRUPTCY PROCEEDING AUTHORIZES A LESSER AMOUNT TO BE PAID, AND TO PROVIDE THAT THE AUDITOR, AS AUTHORIZED BY COUNTY COUNCIL, MAY PREPARE A TAX BILL TO AUTHORIZE NEGOTIATED TAXES AS A RESULT OF A BANKRUPTCY.

(R444, S. 1058 (Word version)) -- Senators Hutto, Gregory, Hawkins, Campsen, Cleary, Lourie, Alexander, Martin and Short: AN ACT TO AMEND SECTION 40-71-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF CERTAIN RECORDS, SO AS TO CLARIFY THAT A FACILITY OR ACTIVITY LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL HAS A DUTY TO REPORT ACCIDENTS AND INCIDENTS PURSUANT TO THE DEPARTMENT'S REGULATIONS AND TO FURTHER PROVIDE THAT INFORMATION SO REPORTED DOES NOT WAIVE ANY PRIVILEGE OR CONFIDENTIALITY OTHERWISE PROVIDED FOR BY THIS SECTION; TO AMEND SECTION 44-30-60, RELATING TO THE CONFIDENTIALITY OF INFORMATION ACQUIRED OR PRODUCED BY THE EXPERT REVIEW PANEL, SO AS TO CLARIFY THAT A FACILITY OR ACTIVITY LICENSED BY THE DEPARTMENT HAS A DUTY TO REPORT ACCIDENTS AND INCIDENTS PURSUANT TO THE DEPARTMENT'S REGULATIONS AND TO FURTHER PROVIDE THAT INFORMATION SO REPORTED DOES NOT WAIVE ANY PRIVILEGE OR CONFIDENTIALITY OTHERWISE PROVIDED FOR BY THIS SECTION; AND TO AMEND SECTION 44-7-315, RELATING TO DISCLOSURE OF INFORMATION TO AND BY THE DEPARTMENT REGARDING A FACILITY OR HOME, SO AS TO CLARIFY THAT THIS SECTION DOES NOT APPLY TO INFORMATION CONSIDERED CONFIDENTIAL BY CERTAIN OTHER PROVISIONS OF LAW.

(R445, S. 1059 (Word version)) -- Senators Hutto, Gregory, Hawkins, Campsen, Cleary, Lourie, Alexander, Martin and Short: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-1-190 SO AS TO ENACT THE "SOUTH CAROLINA UNANTICIPATED MEDICAL OUTCOME RECONCILIATION ACT" WHICH CONTAINS CERTAIN FINDINGS OF THE GENERAL ASSEMBLY, DEFINITIONS OF CERTAIN TERMS, PROVIDES THAT IN A CLAIM BROUGHT BY OR ON BEHALF OF A PATIENT ALLEGEDLY EXPERIENCING AN UNANTICIPATED OUTCOME OF MEDICAL CARE, CERTAIN STATEMENTS, GESTURES, ACTIVITIES OR CONDUCT EXPRESSING BENEVOLENCE, REGRET, APOLOGY, CONDOLENCE, MISTAKE, OR ERROR MADE BY A HEALTH CARE PROVIDER OR HIS EMPLOYEE TO CERTAIN PERSONS ARE INADMISSIBLE AS EVIDENCE AND DO NOT CONSTITUTE AN ADMISSION OF LIABILITY OR AN ADMISSION AGAINST INTEREST, TO PROVIDE THAT A DEFENDANT IN A MEDICAL MALPRACTICE ACTION MAY WAVE THE INADMISSIBILITY OF CERTAIN STATEMENTS, AND TO PROVIDE THAT NOTHING IN THIS SECTION AFFECTS THE SOUTH CAROLINA RULES OF EVIDENCE.

(R446, S. 1162 (Word version)) -- Senators Grooms, Reese and Verdin: AN ACT TO AMEND SECTION 23-9-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASS D FIRE EQUIPMENT DEALER LICENSES AND PERMITS, TRAINING REQUIREMENTS, AND LICENSE AND PERMIT FEES, SO AS TO FURTHER SPECIFY INSTALLATION AND MAINTENANCE REQUIREMENTS TO OBTAIN EQUIPMENT LICENSES AND PERMITS, TO PROVIDE THAT FEES FOR EQUIPMENT LICENSES AND PERMITS MAY BE SET BY THE DIVISION OF STATE FIRE MARSHAL IN REGULATION AND MAY BE REVISED EVERY TWO YEARS, AND TO FURTHER PROVIDE THAT THE INITIAL FEES MAY NOT EXCEED THE CURRENT FEES OF ONE HUNDRED DOLLARS FOR LICENSES AND TWENTY-FIVE DOLLARS FOR PERMITS; TO ADD SECTION 23-9-35 SO AS TO AUTHORIZE THE DIVISION OF STATE FIRE MARSHAL TO CONSTRUCT HANDICAPPED RAMPS WITHOUT INCURRING FEES OR SECURING A PERMIT FOR CONSTRUCTING SUCH RAMPS; AND TO ADD SECTION 6-9-14 SO AS TO PROHIBIT A MUNICIPALITY OR COUNTY FROM CHARGING A PERMIT FEE OR REQUIRE A PERMIT FOR A WHEELCHAIR RAMP BUILT WITH MEDICARE OR MEDICAID FUNDS IF THE CONSTRUCTION IS PERFORMED, OVERSEEN, OR INSPECTED BY AN AMERICANS WITH DISABILITIES ACT INSPECTOR.

(R447, S. 1267 (Word version)) -- Senators Hawkins, Knotts and Bryant: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SEX OFFENDER ACCOUNTABILITY AND PROTECTION OF MINORS ACT OF 2006", TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO PUNISHMENT FOR MURDER, SO AS TO ADD TO THE LIST OF AGGRAVATING CIRCUMSTANCES THAT THE MURDER WAS COMMITTED BY A PERSON DEEMED A SEXUALLY VIOLENT PREDATOR; TO AMEND SECTION 16-3-655, AS AMENDED, RELATING TO CRIMINAL SEXUAL CONDUCT WITH A MINOR, SO AS TO REVISE THE PENALTIES AND TO PROVIDE FOR THE IMPOSITION OF THE DEATH PENALTY FOR REPEAT OFFENDERS UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 23-3-460, AS AMENDED, RELATING TO ANNUAL REGISTRATION FOR LIFE FOR PURPOSES OF THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE FOR REGISTRATION BI-ANNUALLY RATHER THAN ANNUALLY; TO AMEND SECTION 23-3-530, RELATING TO THE PROTOCOL MANUAL DEVELOPED BY THE STATE LAW ENFORCEMENT DIVISION FOR THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE CERTAIN NONEXCLUSIVE REQUIREMENTS THAT MUST BE INCLUDED IN THE PROTOCOL MANUAL; TO AMEND SECTION 23-3-540, RELATING TO THE ELECTRONIC MONITORING OF SEX OFFENDERS, SO AS TO ESTABLISH THE PERSONS WHO SHALL OR MAY BE ELECTRONICALLY MONITORED AND TO ESTABLISH THE PROCEDURES FOR MONITORING THESE PERSONS; TO AMEND SECTION 23-3-550, RELATING TO HARBORING OR CONCEALING SEX OFFENDERS, SO AS TO REVISE THE OFFENSE OF ASSISTING OR HARBORING UNREGISTERED SEX OFFENDERS; BY ADDING SECTION 17-23-175 SO AS TO PROVIDE A PROCEDURE FOR ALLOWING AN OUT-OF-COURT STATEMENT MADE TO A THIRD PARTY BY A CHILD VICTIM OR CHILD WITNESS TO BE ADMISSIBLE IN A GENERAL SESSIONS OR FAMILY COURT; AND TO AMEND SECTION 17-25-45, AS AMENDED, RELATING TO CRIMES SPECIFIED AS "MOST SERIOUS" AND "SERIOUS" WARRANTING LIFE IMPRISONMENT, SO AS TO PROVIDE THAT THE SENTENCE FOR THE PRIOR CONVICTION DOES NOT HAVE BE SERVED OR COMPLETED BEFORE A PERSON MAY BE SENTENCED PURSUANT TO THIS SECTION TO LIFE WITHOUT PAROLE.

(R448, S. 1302 (Word version)) -- Senator Leventis: AN ACT TO PROVIDE THAT THE PARENT OF A STUDENT RESIDING IN THE GARDEN GATE SUBDIVISION IN SUMTER COUNTY MAY CHOOSE TO ATTEND ANY SCHOOL FOR WHICH THE SUBDIVISION IS ZONED WITHOUT PENALTY OF TUITION.

(R449, S. 1427 (Word version)) -- Senator Matthews: AN ACT TO AMEND SECTION 4-11-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISSOLUTION OF SPECIAL PURPOSE DISTRICTS BY THE SECRETARY OF STATE, SO AS TO REVISE THE CONDITIONS AND REQUIREMENTS UNDER WHICH A DISTRICT MAY BE DISSOLVED, AND TO ALLOW A DISTRICT TO BE DISSOLVED IF THE DISTRICT HAS OUTSTANDING INDEBTEDNESS PAYABLE FROM REVENUES DERIVED FROM THE PROVISION OF ONE OR MORE GOVERNMENTAL SERVICES AND TO PROVIDE FOR THE METHOD BY WHICH A DISTRICT WITH OUTSTANDING INDEBTEDNESS MAY BE DISSOLVED.

(R450, S. 1435 (Word version)) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO PROFESSIONAL EMPLOYER ORGANIZATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3060, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The following was received:

Columbia, S.C., June 14, 2006
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference on H. 4644 has been adopted by both Houses:

H. 4644 (Word version) -- Rep. Cooper: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGH SCHOOL LEAGUE TO SCHEDULE THE ANNUAL STATE HIGH SCHOOL FOOTBALL CHAMPIONSHIPS AT A FACILITY ON THE CAMPUS OF OTHER COLLEGES OR UNIVERSITIES WHICH MEET THE SAME SEATING CAPACITY AND OTHER CRITERIA AS THE WILLIAMS BRICE STADIUM AT THE UNIVERSITY OF SOUTH CAROLINA IN ORDER TO EXPOSE THE PARTICIPANTS IN THE EVENT TO OTHER COLLEGES AND UNIVERSITIES IN WHICH THEY MAY BE INTERESTED IN ATTENDING.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., June 1, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Hutto, Sheheen and Bryant of the Committee of Conference on the part of the Senate on H. 4735:

H. 4735 (Word version) -- Reps. Harrison and Jennings: A BILL TO AMEND SECTION 44-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVALUATIONS FOR DETERMINING THE FITNESS OF A PERSON CHARGED WITH A CRIME TO STAND TRIAL, SO AS TO INCREASE FROM FIFTEEN DAYS TO THIRTY DAYS THE TIME WITHIN WHICH THE EVALUATION OF THE PERSON MUST BE COMPLETED AND TO AUTHORIZE THE EXAMINING ENTITY TO APPLY TO THE COURT FOR AN EXTENSION OF UP TO FIFTEEN DAYS; TO AMEND SECTION 44-23-420, RELATING TO THE FITNESS TO STAND TRIAL REPORT OF A DESIGNATED EXAMINER, SO AS TO INCREASE FROM FIVE TO TEN DAYS THE TIME WITHIN WHICH THE EXAMINER MUST SUBMIT THE REPORT; AND TO AMEND SECTION 44-23-430, RELATING TO COMPETENCY HEARINGS AND DISPOSITION OF CASES IN SUCH HEARINGS, SO AS TO DECREASE FROM SIXTY DAYS TO FOURTEEN DAYS THE TIME WITHIN WHICH THE SOLICITOR MUST INITIATE JUDICIAL COMMITMENT PROCEEDINGS FOR A PERSON FOUND TO BE UNFIT TO STAND TRIAL AND TO AUTHORIZE THE COURT TO CONTINUE THE PERSON IN DETENTION IF THE PERSON IS ALREADY DETAINED OR TO REMAIN ON BOND IF ALREADY ON BOND.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., June 1, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Hayes, Short and Scott of the Committee of Conference on the part of the Senate on H. 4808:

H. 4808 (Word version) -- Reps. Harrison and McLeod: A BILL TO AMEND SECTION 44-4-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE "EMERGENCY HEALTH POWERS ACT", SO AS TO REVISE THE DEFINITIONS OF "QUALIFYING HEALTH CONDITION" AND "TRIAL COURT"; TO AMEND SECTION 44-4-530, RELATING TO ISOLATION AND QUARANTINE OF INDIVIDUALS AND PENALTIES FOR NONCOMPLIANCE, SO AS TO ESTABLISH PENALTIES OF A MAXIMUM FINE OF ONE THOUSAND DOLLARS OR THIRTY DAYS IN PRISON, OR BOTH, FOR NONCOMPLIANCE, TO PROVIDE THAT AN EMPLOYER MAY NOT FIRE OR DISCRIMINATE AGAINST AN EMPLOYEE SUBJECT TO ISOLATION OR QUARANTINE ORDERS, AND TO PROVIDE THAT AN EMPLOYER MAY REQUIRE AN EMPLOYEE SUBJECT TO ISOLATION OR QUARANTINE TO USE ANNUAL OR SICK LEAVE TO COMPLY WITH SUCH AN ORDER; TO AMEND SECTION 44-4-540, RELATING TO ISOLATION AND QUARANTINE PROCEDURES, SO AS TO PROVIDE THAT BEFORE THE DECLARATION OF A PUBLIC HEALTH EMERGENCY ISOLATION AND QUARANTINE ORDERS ISSUED MUST BE UNDERTAKEN IN ACCORDANCE WITH THE EMERGENCY HEALTH POWERS ACT; TO AMEND SECTION 44-4-570, RELATING TO APPOINTMENT AND USE OF IN-STATE AND OUT-OF-STATE HEALTH PERSONNEL IN A STATE OF PUBLIC HEALTH EMERGENCY, SO AS TO PROVIDE THAT LAW PERTAINING TO GOVERNMENT VOLUNTEERS AND COVERAGE UNDER THE SOUTH CAROLINA TORT CLAIMS ACT APPLIES TO SUCH PUBLIC HEALTH EMERGENCY VOLUNTEERS, TO PROVIDE EXCEPTIONS, AND TO FURTHER PROVIDE FOR IMMUNITY FROM CIVIL LIABILITY FOR THESE VOLUNTEERS AND TO PROVIDE EXCEPTIONS.

Very respectfully,
President
Received as information.

The following was received from the Senate:

Columbia, S.C., June 1, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 1029:

S. 1029 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Anderson, Ford and Knotts: A JOINT RESOLUTION TO CREATE AN EMINENT DOMAIN STUDY COMMITTEE TO REVIEW THE CONDEMNATION AUTHORITY OF ALL ENTITIES THAT POSSESS THE POWER OF EMINENT DOMAIN IN SOUTH CAROLINA, THE EFFECT OF GOVERNMENTAL POLICY ON THE VALUE AND OWNERSHIP OF PRIVATE PROPERTY, AND THE NEED FOR REVISION OF CURRENT SLUM CLEARANCE AND REDEVELOPMENT USES OF EMINENT DOMAIN; AND TO PROVIDE FOR ITS MEMBERSHIP AND FOR ITS REPORT TO THE GENERAL ASSEMBLY OF ITS FINDINGS AND RECOMMENDATIONS.
and asks for a Committee of Conference and has appointed Senators Gregory, Sheheen and Campsen of the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. HARRISON, EDGE and COLEMAN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

The following was received from the Senate:

Columbia, S.C., June 14, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Gregory, Sheheen and Campsen of the Committee of Conference on the part of the Senate on S. 1031:

S. 1031 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Ford and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE THAT PRIVATE PROPERTY MUST NOT BE CONDEMNED BY EMINENT DOMAIN FOR ANY PURPOSE OR BENEFIT INCLUDING, BUT NOT LIMITED TO, THE PURPOSE OR BENEFIT OF ECONOMIC DEVELOPMENT, UNLESS THE CONDEMNATION IS FOR PUBLIC USE, EXCEPT THAT IN THE INSTANCE OF THE EXERCISE OF EMINENT DOMAIN FOR THE LIMITED PURPOSE OF REMEDYING BLIGHT, THE GENERAL ASSEMBLY MAY PROVIDE FOR THE PRIVATE USE OF CONDEMNED PROPERTY UNDER CERTAIN CONDITIONS; AND PROPOSING AMENDMENTS TO ARTICLE I, SECTION 17, AND ARTICLE XIV, SECTION 5, RELATING TO TREASON AND THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER AND CHEROKEE, SPARTANBURG, YORK, FLORENCE, GREENVILLE, CHARLESTON, RICHLAND, AND LAURENS COUNTIES, SO AS TO DELETE THOSE PROVISIONS.

Very respectfully,
President

Whereupon, the Chair appointed Reps. HARRISON, EDGE and COLEMAN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

The SPEAKER ordered the following veto printed in the Journal:

June 6, 2006
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Dear Mr. Speaker and Members of the House:

I am hereby vetoing and returning without my approval H. 4622 (Word version), R. 377.

I believe this Bill will do three things: increase automobile insurance rates, adversely affect low-income drivers, and reverse the recent trend in the decline of uninsured motorists.

Specifically, this legislation mandates that the driver's minimum coverage increase from $15,000 to $25,000 for an individual crash, $30,000 to $50,000 for multiple individuals, and $10,000 to $25,000 for property damage. The net effect of these increases would be to raise automobile insurance premiums for some, typically low-income drivers, by an estimated 7 percent to 18 percent. To the average driver that could mean roughly $100 more a year in premium prices.

We should be careful about increasing these types of mandates which have a tendency of crowding consumers out of the marketplace, which means more uninsured - and, consequently, more costs to be absorbed by remaining drivers. It should be the choice of the consumer to seek higher protection and reduce their own personal liability in the event of an accident and not as a result of government fiat.

The amendment could also prove to be a rewards system for trial lawyers. Increased coverage means increased opportunity and, ultimately, increased awards. This particular provision was an amendment offered on the Senate floor by the President of the South Carolina Trial Lawyers Association - whose membership would stand to benefit from the increased limits on accidental coverage. In Mississippi, when a similar increase was enacted, the rate of attorney involvement in claims increased from five percent of claims to nine percent. I find it particularly troubling that a Senator who, in another capacity, represents one of the beneficiary groups of this rate-increasing mandate would actually be the leader in setting this policy.

Policymakers have wrestled with ensuring that the automobile marketplace is competitive and that we effectively reduce the number of uninsured motorists on the road. Just a few years ago, it was estimated that one in every four drivers in South Carolina had no insurance. Previous legislation enacted by the General Assembly to create a more competitive market and stronger enforcement of insurance laws in the State has helped reduce the rising cost of insurance premiums and the number of uninsured drivers in the past year. The increased mandates in this Bill would, we believe, reverse all of those things.

I urge you to join me in rejecting what we believe to be the ultimate effects of the Bill - increased automobile premiums, more uninsured drivers, and increased cash awards for attorneys to collect higher fees.

Sincerely,
Mark Sanford
Governor
Received as information.

The SPEAKER ordered the following veto printed in the Journal:

June 6, 2006
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Dear Mr. Speaker and Members of the House:

I am hereby vetoing and returning without my approval H. 4491 (Word version), R. 376.

Under current law, a service-related business must use the per capita income of the county where it is located as the criteria to qualify for a job tax credit. H. 4491 would instead give a service-related business the option of using the lower of state per capita income or county per capita income as the qualifying threshold for a job tax credit.

Though the legislation is very well intended, the reality is that we only have a limited number of dollars for economic incentives, and we believe they should be targeted to the places where they will yield the highest return. This Bill would send the tax incentives in question to some of the wealthiest parts of the State, and doing so is at odds with the general direction of the administration as it relates to economic incentives.

We have believed that we must first do all possible to improve the general climate for businesses operating in our State. Accordingly, for the first time in South Carolina history, we have cut the marginal tax rate for small businesses, enacted the first comprehensive tort reform law, passed a tech prep program, "Pathways to Prosperity," worked to lower the cost of government and more.

We believe these efforts must be aggressively complemented with incentives and recruitment efforts by the Department of Commerce to bring opportunities to areas of the State that otherwise would not have them. Providing incentives for service sector jobs in some of the wealthiest parts of our State unfortunately fails to cross this threshold and, so despite the immediate job prospect at hand in this situation, the broad language of this Bill would, in the long run, take us down a very different course than the one currently set.

To give an example of the course currently set, last week I signed into law a Bill, H. 4446, which reinstated the ten-year corporate moratorium for economically poor counties so that we can recruit more companies like Beneteau in Marion County and Grant Forest Products, split between Allendale and Clarendon counties.

For these reasons stated earlier, I am returning H. 4491 to you without my signature.

Sincerely,
Mark Sanford
Governor
Received as information.

The SPEAKER ordered the following veto printed in the Journal:

June 6, 2006
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Dear Mr. Speaker and Members of the House:

I am hereby vetoing and returning without my approval H. 4316 (Word version), R. 372.

This Bill would allow our Attorney General to declare that abnormal market conditions exist for a good or service even though no gubernatorial state of emergency had been declared in South Carolina. The anti-price gouging laws would be triggered whenever the Attorney General made a determination that the market for any essential good or service had been abnormally disrupted as a result of forces of nature, failure or shortage of an energy source, strike, civil disorder or other cause that formed the basis of an out-of-state disaster or emergency declaration by the President of the United States.

Declarations of emergency are within the purview of the Governor's Office. This legislation essentially gives the Attorney General the power to determine whether emergency market conditions exist and whether anyone should be prosecuted. Under current law, it is the declaration of emergency by the Governor (or an in-state presidential declaration) that triggers the anti-price gouging statute. Having the state's highest executive official as a check and balance in determining whether a commodity supply emergency exists would help protect against potential abuse.

This is not, in any way, to suggest that the current Attorney General would abuse the power given in this Bill. General McMaster has done an admirable job and is serving the people of this State well. I am only concerned that having both the emergency declaration and prosecutorial decision made by the same person is fraught with the potential for abuse by future holders of that high office. The method of choice our Founding Fathers used to avoid abuse of power was to develop checks and balances.

Here, the Governor, in his role as the state's chief executive officer, should determine whether an abnormal disruption of pricing for goods and services has occurred to trigger the anti-price gouging law. The Attorney General would then prosecute any violators under his role as the state's top prosecutor. A similar check and balance exists with respect to the Attorney General impaneling a state grand jury where the law requires the concurrence of the Chief of the South Carolina Law Enforcement Division and the approval of the Chief Circuit Judge for the area. If this Bill contained a procedural safeguard allowing the Governor to make the market disruption determination, I would gladly sign it.

For these reasons, I am vetoing H. 4316 and returning it to you without my signature.

Sincerely,
Mark Sanford
Governor
Received as information.

The SPEAKER ordered the following veto printed in the Journal:

June 8, 2006
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Dear Mr. Speaker and Members of the House:

I am hereby vetoing and returning without my approval H. 4410, R. 414.

H. 4410 (Word version) would cap at $5,000 the fines for individuals who refuse to file quarterly campaign finance reports and annual economic interest statements. The Bill also makes the cap retroactive for any monetary penalties owed by those individuals to the State Ethics Commission for failure to abide by the ethics disclosure laws, thereby wiping out hundreds of thousands of fines.

This Bill is the latest and most disturbing example of the legislature's retreat from the ethics reforms it passed in the wake of the Operation Lost Trust scandal. That scandal exposed massive lobbyist bribery in the General Assembly - in fact, ten percent of the legislature was indicted by a federal grand jury. The resulting public outcry caused the legislature to pass the Ethics Act in 1991 to ban lobbyists from giving anything of value to state legislators and executive branch officials.

Unfortunately, however, we have fallen back to a time where special interests are once again making inroads into the legislative process. The powers of special interests flourish in secrecy - when legislative accountability is diminished and the sunlight is shut out of the legislative process. I am very concerned about the recent trend in the General Assembly toward a closed, secretive system.

For example, since I took office in January 2003, legislators have taken official roll call votes for or against a Bill only approximately 13% of the time. In fact, this was the case with H. 4410, as the state senators decided to pass it on a voice vote, thus making it nearly impossible for average citizens to know how their senators voted on a Bill that would lower ethics standards and bail-out legislators for past violations of the ethics laws. Fortunately, our state constitution requires these senators to take a roll call vote on my veto of this appalling Bill.

Two other recent examples of secrecy in the legislative process come to mind. Legislators in both parties insist that their party caucuses should be permitted to meet behind closed doors to discuss state business in private, even though the Attorney General issued a legal opinion declaring the practice illegal. And just two weeks ago, the House-Senate budget conferees discussed, debated and negotiated the 2006-07 Appropriations Bill in private, circulating in and out of the "official" conference committee meeting in order to avoid the State's open-meeting law.

H. 4410 (Word version) would continue this trend toward shutting sunlight out of the legislative process. The fines assessed by the State Ethics Commission against public officials who fail to file timely quarterly campaign finance reports and annual economic interest statements are necessary in order to keep those officials accountable to the public. The required disclosures list personal relationships and business dealings that could interfere with officials' judgment or call their objectivity into question. The disclosures reveal to whom legislators are indebted and trigger demands that legislators explain votes that reflect the interest of their contributors rather than the public at large.

A prime example of how mandatory recordkeeping leads to proper demands for public accountability is the billboard protection act that passed earlier this year. A search of the records at the State Ethics Commission revealed that over $234,000 had been paid by the billboard industry to Columbia's most powerful lobbyists and that over $100,000 had been paid to legislators, their PACs and caucuses. This election year, legislators who voted for the billboard protection act must justify to the voters of South Carolina as to why they put the interests of a handful of out-of-state billboard giants ahead of local governments who are trying to regulate the number of billboards being put up in their communities. Absent the legislators' obligation to file disclosures with the State Ethics Commission, such public accountability would be lost.

It is important to remember why the legislature decided in 2003 to replace the old $500 penalty cap with a fine that increased for each day of noncompliance - too many people were ignoring the law because the fine was so low. That legislative change accomplished its purpose. It was recently reported in one of the State's leading newspapers that more than 13,000 people are required to file disclosure reports and, as of the date H. 4410 was passed by the General Assembly, only 147 individuals were listed on the State Ethics Committee's Debtor's Page - a compliance rate of 99 percent.

I am convinced that H. 4410 would result in that compliance rate decreasing - and with it the ability of the public to hold their elected officials accountable for the decisions they make on its behalf. For this reason, I am vetoing the Bill.

Sincerely,
Mark Sanford
Governor
Received as information.

The SPEAKER ordered the following veto printed in the Journal:

June 13, 2006
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Dear Mr. Speaker and Members of the House:

I am hereby vetoing and returning without my approval H. 4874 (Word version), R. 437.

There are a host of very important changes in H.4874 all of which I applaud, and on balance we believe this Bill was of benefit to the taxpayers of South Carolina. There were certainly pieces we did not like as this Bill included two Bills we had previously vetoed. In addition, there is one more provision that was added to help one retailer in the last hours of the session that we find so egregious that I am left with no other alternative than to veto the bill. Here is our reasoning:

If enacted this Bill would have long term negative implications for economic development in this State because of what this provision includes and the way it came about.

1. It undermines the Secretary of Commerce. Since Carroll Campbell's time and the creation of the Department of Commerce, the Secretary has run point on behalf of the State in negotiating deals that use state incentives. In fact, the recent Duke study stressed the importance of maintaining that chief negotiator position if South Carolina is to stay competitive in economic development. In this instance, the Secretary was in discussion with this firm about a distribution facility and this Bill undermines his negotiating position. In fact, one could very reasonably make the case that passage of this Bill moves us toward 170 "secretaries of commerce" because if any firm can strike a better deal and larger incentives by working through a member of the House or Senate, who then sponsors supporting legislation, then why bother with the Secretary of Commerce? 2.

2. Without determining appropriate rates of return to the State, as is consistently done with manufacturing investment in our State - and without a comprehensive debate by those in the economic development community or legislative body - this Bill moves us into incentivizing retail investment for the first time in our State's history. We have not in the past because retail investment follows disposable income. The greater the buying power of a region, the greater the number of retailers who will move into that region to capture a portion of that region's consumer spending. This Bill would break from the underlying philosophy that has driven our state's incentive structure for decades. Rather than incentives being used to make the difference in whether or not an investment came to South Carolina (that would both raise incomes and wealth), we would get into the business of incentivizing investments already destined to come our way. Additionally, because retailing often-times uses part-time and lower paying jobs, it's more difficult to quantify the level of economic impact than in the jobs we have incentivized to date. 3.

3. It involves government picking one retailer over others. While the company in question is certainly a great retailer who we would indeed love to see come to South Carolina, it needs to be remembered that there are other new retailers in our State that are themselves destinations. People come from a long way to go to the Bass Pro Shop in Myrtle Beach. People will come from a long way to go to the new Tanger Outlet Center in North Charleston. It would be a mistake to disadvantage these vendors for the sake of another. 4.

In addition, there are a lot of other family businesses that have been paying taxes in South Carolina for a long time that would now be called on to subsidize a loss in their sales. In the Charleston area alone, businesses like Dumas and Sons, Luden's, Carolina Rod and Gun, Haddrells Point Tackle and Supply, the Charleston Angler, Henry's Sporting Goods, Hanckel Marine,   Toby's Bait and Tackle and many others would fall into this category.

4. In addition to job credits, this Bill rebates a portion of sales tax revenue back to the company. This is as well groundbreaking policy and in the long run I suspect would lead to a very large list of other retail supplicants ranging from car dealers to furniture stores arguing for similar sales tax rebates. 5.

5. We believe it would weaken manufacturing which has already been hard hit in dealing with the global changes afoot in our nation's economy. If one accepts the premise that we have a finite number of dollars available for incentives, then the bidding war and eventual opening of the flood gates to incentivizing the thousands of retail establishments across our State will result in fewer dollars available for manufacturing, distribution or tourism investment incentives. 6.

Finally, the creation of these special incentives opens the door for a long overdue discussion. Currently, our tax code has far too many incentives carved out for only one area of the State or for one business that might come to our State. This arrangement is getting us further away from being globally competitive by not looking at more ways to create a tax structure composed of incentives that will broadly help all of South Carolina. Too often we look at things in a vacuum instead of stepping back and looking at it from a holistic approach. The special incentives created in this Bill may be alright if they were shaped in this way. But these special "carve-outs" add one more item to the already cluttered piecemeal legislation in our tax code. So, bottom line, I believe it is time we stop singling counties or businesses out and take a look at this section of our code in a much broader perspective. Specifically, I am asking the Department of Commerce before the beginning of next session to look at and report the current tax incentives that no longer serve their purpose.

Sincerely,
Mark Sanford
Governor
Received as information.

The SPEAKER ordered the following veto printed in the Journal:

June 13, 2006
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Dear Mr. Speaker and Members of the House:

I am hereby vetoing and returning without my approval H. 4723 (Word version), R. 428.

This Bill creates the "South Carolina Affordable Housing Study Committee." Though well-intentioned, I believe this legislation poses two concerns that could ultimately impact services.

First, I believe this study committee may ultimately lead to an unnecessary new arm of government. While the spirit of the Bill is to help low-income families across the State, this legislation will further crowd the field of entities providing assistance. Today, the South Carolina Housing Authority, the Office of Human Affairs, and various non-profit entities are already involved in helping low income families find affordable housing. Adding one more government entity to do essentially the same thing would allow structure to consume more of the dollars dedicated to this mission, leaving less for those we intend to help.

Second, the creation of this study committee mirrors efforts already accomplished within state government. In 2001, the Governor's Task Force on Affordable Housing was created and released recommendations the following year. We do not see a compelling justification to form yet another study group when just four years ago recommendations were released that, in many cases, have yet to be acted upon. Acting on those recommendations, rather than studying the problem further, we believe would do the most good by offering more ways to help all South Carolinians to live in safe, decent, and affordable housing.

A Legislative Audit Council report issued two years ago identified problems at the State Housing Authority, including an improperly-operated nonprofit corporation which attempted to use its funds to purchase an office building for Authority staff. In addition, the agency was found to have approved projects that did not qualify for assistance and had poor oversight of investments. All of these problems came prior to this administration, and we have since installed a new chairman and brought in new leadership.

These leadership changes have shown not only promise, but have improved services. According to the Housing Authority Executive Director, the Authority invested $320 million in 4,149 housing units last year. For the first time ever, The Home Run Mortgage Program has been expanded by $50 million to include closing cost assistance. That program has the lowest rate it has ever offered and is focused on single parents and workforce housing that includes people who work in things like police, fire, EMS and teaching. In addition, the Budget and Control Board is now set to approve an $85 million bond issue for multi-family housing for the first time in a decade. All of this work is complemented by wonderful efforts in the private sector by groups like Habitat for Humanity.

We believe this legislation will only serve to further fracture services provided to low-income families on the housing front. I would urge you and your colleagues to reject this Bill and, instead, work with the State Housing Authority and this Administration to further strengthen the management changes in place and work to implement changes already proposed in the last study.

For these reasons, I am returning H. 4723 to you without my approval.

Sincerely,
Mark Sanford
Governor
Received as information.

The SPEAKER ordered the following veto printed in the Journal:

June 14, 2006
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Dear Mr. Speaker and Members of the House:

I am hereby vetoing and returning without my approval H. 4707 (Word version), R. 427.

This legislation creates the Financial Literacy Trust to collect private funds donated in support of the Financial Literacy Instruction Act of 2005. Though well-intended, this legislation creates another separate pocket of government and, thereby, over the long run, we believe serves to weaken accountability in the larger field of education.

Last year, I signed legislation that established a curriculum related to financial literacy in high schools across the State. I supported the legislation because I believed that incorporating this life skill into the overall educational curriculum was a logical component of preparing our students for life after school. This is still a mission I continue to believe is important.

However, after the program has been in existence just one year, I have been presented a Bill that creates an entirely new division of the State Department of Education and a separate board to provide funding through a newly-established trust. With a new Superintendent of Schools set to take office next January and just one year of operation, this legislation is, at best, premature.

This administration has consistently advocated for better coordination and accountability within state government. This legislation is yet another step away from the spirit of the 1994 Restructuring Act. Over the last few months, some have actually suggested that the State Department of Education needs to be restructured to reduce bureaucracy and waste. Since we are on the verge of new leadership at the State Department of Education, we should not saddle the incoming Superintendent with yet another independent board. Further, this notion of adding additional islands or layers in the education process needs to be looked at within the context of what has happened with other subject areas. The South Carolina Financial Literacy Board of Trustees controls the funds and the curriculum of a program housed at the State Department of Education. Though the Superintendent sits as chair and appoints the remaining members of the board, this now creates a fifth entity involved in some fashion of education curriculum, including the Office of First Steps, the State Department of Education, the Education Oversight Committee, and the Education and Economic Development Coordinating Council which has one piece of the education pie related to workforce training.

This is the same issue we wrestle with inside the health care field, as there are multiple agencies overseeing health care in our State. As we noted in our FY 2006-07 Executive Budget, we spend as much money as other states on health care, yet get worse results. We believe it is our failed health care structure, creating overlap and duplication, that has left clients to suffer. We believe that the education of our young should not be subjected to this same fate.

If the intent of the legislation was to create a vehicle for private donations, this legislation could have simply created a trust at the Treasurer's Office and empowered the State Board of Education to make these financial decisions. We do not agree that another entity and another board are going to increase accountability. Board structures, by their nature, are conservative and often times resistant to change, and we again do not believe another board is necessary to take care of the important issue of raising financial literacy.

I continue to support the intent of the Financial Literacy Instruction Act of 2005 and believe that the public-private partnership that H. 4707 seeks to create is worthwhile. I cannot, however, support this vehicle as the tool to be used to accomplish that goal.

For these reasons, I am returning H. 4707 to you without my approval.

Sincerely,
Mark Sanford
Governor
Received as information.

The SPEAKER ordered the following veto printed in the Journal:

June 13, 2006
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Dear Mr. Speaker and Members of the House:

This letter is written to inform you that today I am vetoing and returning H. 3803, R. 406 without my signature.

H. 3803 (Word version) authorizes the Department of Health and Environmental Control to establish a program for monitoring the prescribing of all Schedule II, III and IV controlled substances. It mandates that dispensers (ie. pharmacists) shall electronically submit to DHEC information regarding each prescription dispensed for a controlled substance. The information that must be submitted includes the patient's name, address and date of birth, the date of the prescription, the date the drug was dispensed, etc.

In considering Bills that are designed to benefit law enforcement at the expense of privacy, we need to weigh the potential benefits for law enforcement with the costs to personal privacy. Here, the benefit is improved ability to track the small minority of people who go "pharmacy shopping" in order to gain multiple prescriptions which they can either personally use or, alternatively, sell on the black market. The cost is that all people who require prescriptions for Class II, III and IV drugs will have some deeply personal information centralized at the Drug Control section of DHEC.

Just a few weeks ago, the personal data of 26.5 million veterans was stolen by thieves, and, in this light, the hypothetical cost of this Bill is no small matter. That data included the information for 1.1 million active-duty service members, 430,000 National Guardsmen, 645,000 Reservists, and it has the potential to include any veteran discharged from the service since 1975.

I have decided to veto this legislation for several reasons.

First, this legislation ignores the simple economic reality that supply meets demand. I believe the war on drugs can only, ultimately, be won when we have reduced the demand for drugs in this country. This Bill focuses, like so much of our government's strategy, on attempting to impede supply - and, thereby, impact demand. To date, as a society we have been willing only to commit to a partial war on drugs, and, as a result, we have found very limited results in our efforts.

That limited effort has not been on the part of law enforcement. If there have been any heroes in this particular war it has, in fact, been law enforcement. Many of these men and women literally put their lives on the line on a daily basis; too many have tragically lost their lives in their efforts to make a difference.

Our failure has been one of political will. For instance, our country has encouraged other countries like Peru in their "shoot down policy." This policy dictates that if drug traffickers will not land their planes, the Peruvian government will shoot down the plane. Yet, we are not willing to institute the same policies as we intercept drug planes coming north from Central or South America. On the demand side, all too many recreational drug users need only hire the right lawyer to take care of legal problems that would otherwise come their way. This has occurred during the same time that over 4,000 judges and law enforcement officers have been killed in the country of Colombia in their war against drugs. So, while the spirit of this legislation is indeed commendable, it will fit with a pattern of only slight interruption to the cost of doing business. This can result in temporary reductions of supply as drug suppliers alter their means of procurement and/or production, but, over the long run, will not affect the driver in this equation - demand.

Second, the legislation lumps thousands of perfectly innocent consumers in with the small minority who attempt to gain prescription drugs for illegal purposes. Most people who receive controlled substances at the pharmacy are law-abiding citizens dealing with legitimate health problems. Many of those law-abiding citizens don't want to share with the world the fact that they need a prescription for amphetamines (ie. Dexedrine), barbiturates (ie. Amytal, Seconal), benzodiazepines (ie. Atavan, Valium), Opioid Pain Relievers (ie. Darvocet, Percocet), or other Class II, III or IV drugs. Centralizing these records electronically in one government location will exponentially raise the potential for large-scale abuse of law-abiding citizens' personal privacy, similar to what happened at Veterans Affairs.

Law enforcement can still track potential "pharmacy shoppers" without this Bill. Pharmacies already collect this information, and DHEC drug control inspectors are able to visit pharmacies to review those records. I believe that centralizing those records electronically in one government agency creates too large a risk of unauthorized access to the deeply personal medical information of thousands of law-abiding South Carolina citizens. In our efforts to root out the few who are guilty, we must be careful not to unnecessarily step on the rights of the many who are innocent.

Therefore, while respecting the intentions of the Bill's supporters, I am returning H. 3803 to you without my signature.

Sincerely,
Mark Sanford
Governor
Received as information.

The SPEAKER ordered the following veto printed in the Journal:

June 13, 2006
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Dear Mr. Speaker and Members of the House:

I am hereby vetoing and returning without my approval H. 3773 (Word version), R. 405.

This Bill selectively exempts the sale of gold, silver, any combination of bullion, and coins from the state sales tax. In my 2006 State of the State, I made it explicitly clear that we must take an in-depth look at sales tax exemptions that no longer serve their purpose. Along the same lines, I find it to be bad policy to cherry pick items to add to this list that will also not serve a purpose. These items found in H. 3773 - many which are purchased as "collectibles" - will, in no way, advance this State forward from a competitive or an economic growth standpoint. It, therefore, serves no benefit to create piecemeal legislation adding new items to the list of exemptions before taking the time to look at the usefulness of the current exemptions.

Second, there currently are no items on the exemption list that would be considered personal "collectibles." Adding the items in this Bill would open the door and set up the stage for any and all "collectibles" to be added to this list. I see no advantage to the State by adding potential items such as comic books, baseball cards, or old records.

Bottom line, it is imperative that we use exemptions that serve the state in a fair and equitable manner. Creating legislation that only helps a very select group does not seem to us to be fair nor equitable.

For these reasons, I am returning H. 3773 to you without my signature.

Sincerely,
Mark Sanford
Governor
Received as information.

The SPEAKER ordered the following veto printed in the Journal:

June 13, 2006
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Dear Mr. Speaker and Members of the House:

I am hereby vetoing and returning without my approval H. 3726 (Word version), R. 404, an act to:

AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT "CHANDLER'S LAW" BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR CERTAIN REGULATION OF THE OPERATION OF ALL-TERRAIN VEHICLES BY THE DEPARTMENT OF NATURAL RESOURCES, INCLUDING THE REQUIREMENT THAT A PERSON AT LEAST NINE AND NOT OVER SIXTEEN YEARS OF AGE MUST COMPLETE A SAFETY COURSE BEFORE HE MAY OPERATE AN ALL-TERRAIN VEHICLE, TO PROVIDE THAT ALL-TERRAIN VEHICLES ARE EXEMPT FROM AD VALOREM TAXES, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10 SO AS TO PROVIDE A PROCEDURE FOR THE TITLING OF ALL-TERRAIN VEHICLES.

I want to preface my rationale by saying simply: anytime a child loses his or her life it is tragic. My thoughts and prayers go out to all those who have suffered the loss of a child. As a father, it represents incomprehensible loss as my and Jenny's top priorities in life revolve around our four boys. Their future is what drives a very large part of what we do both at work and at home. Recognizing that fact, I want to particularly hold out the parents of Chandler Saylor and express my admiration for the way that they've remembered him through the scholarship created in memorial of his life and all the hard work that they have put into this Bill. They have taken a tragedy and worked hard to make something good of it - which is something we don't see often enough.

While I agree with the commendable goals of protecting children that prompted this Bill, I believe that this Bill carries with it unintended consequences that grow government, impinge on private property rights, and diminish parental responsibility.

First and foremost, I believe that a license or certificate is a poor substitute for parental responsibility. In some cases, this Bill may even give parents a false sense of security that their children or their children's friends are safe simply because they have completed a training course or happen to be wearing goggles. I would challenge that assertion and maintain that a parent has the best feel for their child's capabilities and limitations as they relate to the operation of an all-terrain vehicle (ATV). For example, I know that my 13 year-old son has a level of discretion and maturity that exceeds that of many children much older than he is. Accordingly, I would feel more comfortable - given his maturity and the time we've spent together outdoors - giving him more freedom to operate an ATV.

Second, anytime government regulates what individuals may do in the privacy of their own home or within the confines of their property, we should ask ourselves, "Where do the right of the individual end and the jurisdiction of the government begin?"

Unlike boats on public waters or autos on public roads, the debate here is essentially on the usage of a private vehicle on private land. In this setting, the individual, not government, will ultimately have the biggest impact in affecting outcomes because there will never be enough enforcement power to have a government agent on all these properties. When I was growing up, my father had my brothers and I operating very large pieces of farm equipment at an early age, and we were careful with this equipment, not because we took a class or because of government requirements. I believe that any law that diminishes the liberty of an individual, in this instance the ability of a father to make the determination of what is appropriate, should be weighed against the impact on the common good - and considered with deference to alternatives outside the realm of government. As John Stuart Mill put it, "Long as we do not harm others we should be free to think, speak, act and live as we see fit, without molestation from individuals, law, or government."

Third, this Bill grows government by mandating that the Department of Natural Resources develop an approved course and oversee its implementation - when, in fact, an ATV safety course could be created and offered by the private sector if enough parents viewed this as a valuable service. It is also true that more children are fatally injured as a result of bicycle accidents than of ATV accidents, yet we don't require goggles or training courses to ride a bike on public roads, much less on private ones. I think it is because most people recognize that even an activity as widespread as riding a bike, though it might be dangerous, is best left in the purview of parents - not government agencies.

Moreover, our law enforcement officers already have the authority to deal with an individual - child or adult - who chooses to operate a motorized vehicle in a reckless or negligent manner in state parks, forests or wildlife areas. In that vein, I also think it is important that we recognize that, tragic as they may be, accidents happen even under the best circumstances of planning and preparation. Accordingly, policymakers must target resources to the places they believe will make the biggest difference and balance these decisions against the cost of personal liberty, private property rights and parental responsibility. In this instance, I regretfully believe that the benefit to the public falls short of the threshold that warrants an erosion of these core values.

For the reasons stated above, I am vetoing H. 3726, R. 404, and returning it without my approval.

Sincerely,
Mark Sanford
Governor
Received as information.

The SPEAKER ordered the following veto printed in the Journal:

June 12, 2006
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Dear Mr. Speaker and Members of the House:

I am vetoing in its entirety and returning without my approval H. 4810 , R. 432, the Fiscal Year 2006-07 General Appropriations Act ("Budget").
The big picture facts regarding the Budget are these: Not including Capital Reserve Fund, EIA, Lottery or Federal/Other Funds, it contains $1,122 million in new revenue over last year's recurring base spending total of $5,617 million, an increase of 17 percent. It spends $759 million, an increase of 13 percent over last year's recurring base spending. Even when stated in terms of the amount of increase over last year's recurring base plus non-recurring supplemental spending - a baseline which the Speaker declared on the floor last March to be the more appropriate benchmark - the Budget still represents a 10.8 percent increase in spending.
One could spend a lot of time debating whether it is appropriate to use "recurring base spending" as the baseline for determining the precise amount of growth in spending. We believe that this baseline is more appropriate since when lean years come - as they did in the early 2000s and as they inevitably will again - the only money available to fund state government's recurring needs is recurring income, and so that is used as the baseline in this veto message. However, readers who believe that less conservative "recurring base spending plus non-recurring supplemental spending" is more appropriate, then roughly 2 percent should be subtracted from our numbers. In any event, whichever baseline is used, the fundamental premise of this veto message remains unassailable: the rate increase in state government spending in the Budget is not sustainable given our state's historical economic trends.

(Note: The Speaker stated in an op-ed published in The State Newspaper last Sunday that the Budget increases state spending slightly more than 9 percent. This rate is incorrect since it is premised on the assumption that the $78 million used to refurbish the state's General Reserve Fund last year should be included as spending. While this replenishment was done with supplemental sources last year, the annual funding requirement of the General Reserve Fund is typically discounted from the recurring revenue estimate off-the-top like the Tax Relief Trust Fund and is therefore not viewed as a spending item. When this $78 million is properly added to last year's denominator, the growth in state spending proposed by the Budget - even using the less conservative "recurring base spending plus non-recurring supplemental spending" baseline - growth in spending increases from the slightly more than 9 percent figure cited by the Speaker to 10.8 percent.)

Throughout this legislative session, beginning with my submission of our FY 2006-07 Executive Budget and continuing in the community forums on the Budget that I held all across the State last week, I have consistently advocated limiting the growth in state government spending to a rate that reasonably correlated with the people's ability to sustain it over time. Some would argue that this rate is population plus inflation, currently about 5.5 percent. Others say it should be the State's average personal income growth, now about 6 percent.

Being fiscally conservative, when we prepared our Executive Budget, we confined new state government spending to a growth factor of 5.15 percent (population plus inflation), with a handful of statistically insignificant small exemptions, over last year's recurring base. Working within that reasonable and sustainable rate of growth, we prepared a balanced state budget that, without raising taxes, restored monies that had been diverted from trust and reserve funds and provided essential services to the citizens of South Carolina in the priority areas of education, health care and social services, economic development, public safety, and natural resources. And we further proposed to return to the taxpayers all revenues collected by the State that exceeded that reasonable and sustainable rate of growth.

People may in good faith differ over the precise rate of growth in state government spending that is "reasonable and sustainable" - 5.15 percent, 5.5 percent or 6 percent, all are defensible. But absolutely no one can contend in good faith that a rate of growth of 13 percent (or 10.8 percent for that matter, if you prefer the less conservative benchmark) is anywhere close to being reasonable and sustainable. In plain terms, it makes no sense to increase state government spending at a rate that - whatever benchmark is used - is at least two times greater than the people's ability to sustain it.

We have gone down this road before and paid the price. In 1999 and 2000, state government spending grew by 11.4 percent and 12.2 percent, respectively - an almost 25 percent increase in government spending over a two-year period. When the economy slowed, as it inevitably always does based on the business cycle, the revenues collected by the State could not keep pace with the needs of the government programs funded in the good years, and the Budget and Control Board had to make painful and incredibly disruptive mid-year budget cuts.
The last point bears special emphasis: across-the-board mid-year budget cuts are extremely disruptive, resulting in the most effective state programs being cut at the same rate as the most marginal programs. Mid-year budget cuts can be compared to a jet that has already taken off and has fuel taken out of it in mid-flight. We will have failed the people of South Carolina if we head back down the road of unsustainable growth and increase the likelihood of future mid-year budget cuts - but that is precisely where the Budget takes us.

A report issued this very day by the National Association of State Budget Officers ("NASBO") underscores that fact that the Budget, without a doubt, continues to take us down that very same road. Consider the following chart published by NASBO, which shows that for the past two years, South Carolina's growth in spending has been the third fastest in the nation:

I have heard the arguments from some state legislators that "growing government by 13 percent this year simply puts us back to where we were before we had to make those midyear budget cuts." That is simply not true. The Budget is $744 million above the previous budget high-water mark that people talk of "getting back to," as is shown by the following chart:

And it is also worth noting that since that previous "high-water mark", the total state budget has increased from $15 billion to $19 billion as a result of more money from the federal government and an increase in state government fees.

The 13 percent increase in total government spending in the Budget is especially egregious in light of an incredible new annual cost that we already know the State will have to bear beginning next year. Starting next year, the new accounting standards issued by the Government Accounting Standards Board will require all states to account for unfunded liabilities, and the state health plan has a $9 billion unfunded liability in regard to its Other Post-Employment Benefits (OPEB) program. We will have to disclose on our financial statements an additional $535 million in long term liability for the next fiscal year, and each year thereafter. The Budget spends approximately $135 million in non-recurring money on recurring needs (commonly referred to as an "annualization") and greatly hamstrings our ability to appropriately deal with that new $535 million annual liability next year.

The percentage rate of the increase in state government spending in the Budget is the best indicator of its unsustainability. But it can also be illustrated in terms of total dollars spent. The Budget contains over $400 million more in spending for FY 2006-07 than our Executive Budget, even though our Budget addresses the State's core needs in education, health care and social services, economic development, public safety, and natural resources. Stated yet another way, the Budget increases spending $177 per person while our neighbor to the south, the State of Georgia, is increasing its spending by only $109 per person.

Ironically, earlier in this legislative session, before it was known the total new state revenues would be well in excess of $1 billion - an absolutely unprecedented increase in the history of South Carolina - many members of the General Assembly pledged an allegiance to the idea of government spending caps and returning surplus revenues to the private sector to stimulate economic growth. This allegiance was declared in press conferences and through support of legislation like the Taxpayer Empowerment Act. The record is clear in this regard.

On January 7, 2006, in a news story titled "Senate finance panel chief envisions rivers of red ink," it was reported that the Senate Finance Committee Chairman predicted that the full state coffers would "soon be replaced by years of deficits" and that "within three years, flat revenues will send the state's budget back into the red." The chairman was further quoted as saying the prospect of having to deal with flat revenues in the future "scared the pants off of him." The chairman concluded, according to that news story, by saying that "the looming lean times will force legislators to control spending."

Regrettably, however, as the State's economy continued to improve throughout the legislative session and the hundreds of millions of unanticipated new taxpayer dollars poured into state coffers and were certified, the commitment of many legislators to a spending limit went out the window. Forced to choose between spending the new revenues or remaining true to their pledge to limit state government spending to a reasonable and sustainable level, most chose to spend. The "looming lean times" that the Senate Finance Chairman said would "force legislators to control spending" suddenly became irrelevant in the face of the chance to spend an unprecedented amount of new money.
On the day the House first considered the Budget, members of the House declared that the House had to spend all of the unexpected new revenues in order to beat the Senate to the punch - in other words, to put House members' special projects in the best position of prevailing over Senate members' special projects. This "race to spend" approach to budgeting then continued throughout the legislative session as more and more unexpected revenues became available for spending. Each time that the BEA certified additional new revenues, the House or the Senate (depending on which body was considering the Budget at the time the certifications were made) ratcheted up the rate of state spending. Absolutely no effort was made to keep state spending tied to the taxpayers' ability to sustain the spending in the future.

Since my first Budget veto message, I have warned the General Assembly about the dangers of wrapping-up spending items so tightly that reasonable cuts could not be made without taking significant chunks of the Budget with it. In fact, I specifically warned that "[a]n unfortunate consequence of continuing to budget like this will inevitably be the veto of large items or sections that include meritorious provisions, just to address objectionable matters." Three years later, however, the General Assembly continues to budget in a manner that effectively ties my hands.

As in years past, we carefully reviewed the Budget in an attempt to identify a sufficient number of line-item cuts that, in the aggregate, would reduce overall state spending to a reasonable and sustainable level. And we came up with a list of proposed cuts toward that end, including the following:

* The $9.3 million that has been set aside this year for the Competitive Grants Program. This program was originally proposed by this administration as way of awarding grants to local projects on the basis of merit; however, it has unfortunately devolved into a process whereby money is awarded to local festivals and projects simply because it is requested, with applicants not having to provide financial details, such as budgets or estimated economic impact. Given the way the Competitive Grants Program is run, it simply is not a process that gives the taxpayers the maximum yield on their investment.

* The $7 million for the Center for Performing Arts at Francis Marion University, which is to match a $10 million grant from the Drs. Bruce and Lee Foundation. At first glance, this seemed like a proposal worth considering until we learned from the Commission on Higher Education that the planned Center is being built in downtown Florence. In essence, the spending item is identified with Francis Marion University even though the site is not even within walking distance of the campus. If the City of Florence wants to build a Performing Arts Center, the people of South Carolina should not carry the share of the local municipality to this degree.

* The $1 million for streetscape improvements and upgrades for the City of Columbia. This item was included in the Budget by the Senate to enhance the appearance of North Main Street in the City of Columbia. While there is merit in improving this entranceway into Columbia, this is the primary responsibility of the City of Columbia, not the State.

* The $1 million for the Calhoun County Library to replace an existing county library. While there is merit in improving the state's county libraries, this is the primary responsibility of the county, not the State.

However, given the difficulty in getting at a number of spending items in the Budget, we eventually realized that we could not responsibly make line-item cuts to reach that goal - that it was impossible for me to responsibly implement via line-item vetoes the $400 million in spending reductions that would be necessary to bring state government spending to a sustainable level - to a level that does not create the almost certain prospect of mid-year budget cuts in the future. In order to responsibly reduce spending to accomplish that end, it is necessary to: 1) reduce the rate of increase in certain areas of spending - areas that are simply too important to the public good to be eliminated outright by me in a line-item veto; and 2) eliminate special interest spending that is cleverly rolled-up and included with core area spending. Here are but a few examples of such spending in the Budget:

* DHHS: Pharmaceutical Reimbursement Rate $3,300,000
We proposed moving to a pharmaceutical reimbursement rate closer to the Southeastern average. With these savings rolled up within the existing Pharmaceutical Services line at the Department of Health & Human Services (a line which currently has around $50 million on it), it makes it particularly difficult to extract the amount of these savings.

* DHEC: TERI Savings $1,873,454
We proposed this Department of Health & Environmental Control cost savings within our budget; unfortunately, only TERI Savings for the cabinet agencies were adopted. With these savings rolled up within existing Personal Service and Employer Contributions lines at this agency, it makes it particularly difficult to extract the amount of these savings.

* Mental Health: TERI Savings $1,930,576
We proposed this Mental Health cost savings within our budget; unfortunately, only TERI Savings for the cabinet agencies were adopted. With these savings rolled up within existing Personal Service and Employer Contributions lines at this agency, it makes it particularly difficult to extract the amount of these savings.

* Disabilities & Special Needs: TERI Savings $956,930
We proposed this Disabilities & Special Needs cost savings within our budget; unfortunately, only TERI Savings for the cabinet agencies were adopted. With these savings rolled up within existing Personal Service and Employer Contributions lines at this agency, it makes it particularly difficult to extract the amount of these savings.

* Higher Education: TERI Savings $11,646,021
We proposed these college and university savings within our budget; unfortunately, only TERI Savings for the cabinet agencies were adopted. With these savings rolled up within existing Personal Service and Employer Contributions lines at the College and Universities, it makes it particularly difficult to extract the amount of these savings.

* K-12 Education: TERI Savings $830,000
We proposed these education savings within our budget; unfortunately, only TERI Savings for the cabinet agencies were adopted. With these savings rolled up within existing Personal Service and Employer Contributions lines at the K-12 educational agencies, it makes it particularly difficult to extract the amount of these savings.

* Revenue: Compliance and Technology Service Savings $3,000,000
We proposed these Department of Revenue savings within our budget that are related to the increased enforcement collections. With these savings rolled up within existing Other Operating Expenditures lines at the Department of Revenue, it makes it particularly difficult to extract the amount of these savings.

* All agencies: Travel Savings $726,365
We proposed these savings within the budgets of agencies related to increased management of agency travel. By increasing this management, savings are anticipated. With these savings rolled up within existing Other Operating Expenditures lines at agencies, it makes it particularly difficult to extract the amount of these savings.

* Budget & Control Board - Employee Benefits $52,597,344
Our budget funded a 3 percent employee pay plan increase that with exemptions totaled $30,433,871. With these savings rolled up within the existing Employee Pay Plan line at the Budget & Control Board, extracting $22 million to achieve the employee pay plan proposal put forth in our budget is not possible through the veto of the actual line.

* Budget & Control Board - Employee Benefits $30,503,922
Our budget sought to cover premium increases for those employees that did not use tobacco products - a practice that many businesses nationwide are now employing and that would save the State $1 million annually. The Conference Committee budget covers all premium increases. With these savings rolled up within the existing Health Insurance - Employer Contributions line at the Budget & Control Board, extracting $1 million to achieve the employee health plan proposal put forth in our budget is not possible through the veto of the actual line.

But while the General Assembly has the power to revise the Budget in those ways, I do not. That is one reason why I have decided to veto it in its entirety.

But there is another, more practical reason for this decision. The now-Majority Leader in the House had this to say about legislators' inclination to override the numerous line-item vetoes that I delivered on last year's Budget: "It's very hard for members to vote against particular projects in their districts. For instance, it would be hard for me to vote in favor of (keeping) Charles Towne Landing in the Budget and not supporting (an override) when a project came up in another member's district." He also bluntly said that I had made a strategic mistake by handing down so many vetoes: "When you put that many vetoes into a Bill we create natural constituencies against complying with them."

Other members of the House and the Senate have told me the same thing - even legislators who I know to be fiscal conservatives. When even conservative members of the legislature say they cannot sustain my budget vetoes in a multiple line-item veto context because of the "natural constituencies against complying with them," then common sense says I should try a different approach. And that different approach is this: one single veto of the Budget in its entirety so that the question facing the members of the General Assembly is simply whether we grow state government spending by 13 percent (or 10.8 percent, if the less conservative approach is their preference). Shouldn't we make a decision on whether the rate of government spending should be reasonably correlated with the people's ability to sustain it - and not about the relative merits of hundreds of special projects, each with their "natural constituencies?"

And so with this single veto of the Budget in its entirety, I put the following question to the members of the General Assembly: knowing that the Budget is $744 million above the previous budget high-water mark and that increases in state government spending in 1999 and 2000 by 11.4 percent and 12.2 percent, respectively, led to painful mid-year Budget cuts in later years, are you willing to increase state government spending at a rate that no reasonable person can argue is sustainable? I respectfully submit that no responsible legislator could answer this question in the affirmative.

If either the House or the Senate sustains my veto of the entire Budget, then I would ask those bodies to immediately pass another Sine Die resolution for the purpose of passing a new Budget that limits the increase in spending to a reasonable and sustainable rate. I would also specifically ask that the House and the Senate address the following:

* Adopt tax relief as called for within our FY 2006-07 Executive Budget and specified in the Appropriations Bill, H.4810 to provide for a 2 cent reduction in the sales tax on food amounting to $77 million from FY 2006-07 in forecasted recurring revenue.

* Adopt property tax relief as called for within our FY 2006-07 Executive Budget and codified in H.4449 to provide $34 million from FY 2006-07 forecasted recurring revenue to mitigate the fiscal impact associated with implementing H.4449.

* Adopt tax relief as called for within our FY 2006-07 Executive Budget and specified in the Appropriations Bill, H.4810 to provide $7 million in alternative fuel and fuel efficiency tax incentives from FY 2005-06 forecasted increased enforcement collections.

* Adopt a reserve fund method to address the state's most pressing needs as described in Proviso 73.15 of the Appropriations Bill. With the General Assembly not appropriating $56 million of the FY 2005-06 forecasted surplus funds, this fund would receive that amount for state needs.

* Use $174 million from FY 2005-06 forecasted surplus funds used to repay the trust and reserve funds borrowed from during the recent economic downturn.

* Increase funding for disaster preparedness by $7 million.

To those who say that revising the Budget so that it complies with a reasonable and sustainable spending cap is impractical, I say this: we did it in our Executive Budget. I admit that working within a self-imposed cap, as opposed to simply spending whatever is available to be spent, involves making difficult choices. Often those choices upset sometimes very politically powerful people, but to avoid doing real harm in the long run to the taxpayers at large and constituencies served by government by mid-year budget cuts in the future, it is necessary.

Consider the upside: working within a reasonable and sustainable spending cap, it is possible this year for us to have a balanced state budget that, without raising taxes, restores monies to trust funds, provides for the Conference Committee tax plans, provides the Conference Committee Contingency Reserve Fund, and provides essential services in the priority areas of education, health care and social services, economic development, public safety, and natural resources - and this still leaves enough money to dedicate $410 million to set aside in preparation for the $500 million annual cost due for the state health plan. If the decision was instead made to rebate further monies to the taxpayers it could result in as much as a $400 per family rebate.

For these reasons, I am vetoing in its entirety and returning H. 4810, R. 432, the FY 2006-07 General Appropriations Act, without my signature.

Sincerely,
Mark Sanford
Governor
Received as information.

The SPEAKER ordered the following veto printed in the Journal:

June 13, 2006
The Honorable Robert W. Harrell, Jr.
South Carolina House of Representatives
508 Blatt Building
Columbia, South Carolina 29211

Dear Mr. Speaker and Members of the House:

I am returning H. 4812 (Word version), R. 433, the Fiscal Year 2006-2007 Capital Reserve Fund Appropriations Act, with the line-item vetoes detailed below. Of the $102,325,596 devoted to capital reserve fund spending, I believe the vetoed items represent a lower level of urgency than other more pressing agency needs throughout the State. Examples include facility maintenance needs at the Department of Corrections, which we funded through the CRF at $7 million versus the Conference Committee budget of $2.5 million and the Department of Juvenile Justice's request to replace two dorms during FY 2006-07, which we funded at nearly $5 million versus the Conference Committee budget of only $3.2 million - enough to replace only one dorm.

The under-funding of these two capital projects highlights the differences and opportunities associated with agency funding. While certain agencies have alternative funding streams available to them such as alumni support if a college or university, or patron support if a cultural event or destination, others such as the Departments of Corrections and Juvenile Justice have few options beyond state support. As a case in point, there will not likely be any alumni associations at either of the State's correctional agencies for the foreseeable future.

Another item that we funded at $5 million from the CRF was upgrades and improvements to the State's weigh station system. As mentioned within the veto message of H.4810, this is a public safety issue which deserves the State's attention. Nevertheless, this item did not receive any support within the Conference Committee budget.

Therefore, in an effort to better utilize the CRF for pressing capital needs, some of which have few funding alternatives beyond the State, I have set forth below the specific vetoes that, in the aggregate, eliminate spending of $6,486,364 in capital reserve funds.

Veto 1   Section 1; Page 2; Item 9; The Citadel; Infirmary Roof Repair; $1,500,000

Veto 2   Section 1; Page 2; Item 10; Coastal Carolina University; College of Natural Science (Nutraceuticals); $250,000

Veto 3   Section 1; Page 2; Item 11; South Carolina State University; Repair/Renovation; $2,500,000

Veto 4   Section 1; Page 2; Item 14; Vocational Rehabilitation; Parking Facilities Upgrade; $165,000

Veto 5   Section 1; Page 2; Item 20; Office of Indigent Defense; Information Technology; $500,000

Veto 6   Section 1; Page 3; Item 35; Department of Agriculture; Pee Dee Market Expansion; $750,000

Veto 7   Section 1; Page 4; Item 47; Arts Commission; Arts Facility Project; $821,364

For the reasons stated above, and pursuant to the authority granted to the Governor by Article IV, Section 21 of the South Carolina Constitution, I am vetoing the specific sections and items of H. 4812, R. 433, the Fiscal Year 2006-2007 Capital Reserve Fund Appropriations Act, as indicated. I look forward to working together toward the goal of disciplined budgetary practices and cooperative service to the citizens of South Carolina.

Sincerely,
Mark Sanford
Governor
Received as information.

The following was introduced:

H. 5285 (Word version) -- Rep. Parks: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR MICHAEL A. BUTLER, ASSISTANT CHIEF OF POLICE OF THE GREENWOOD POLICE DEPARTMENT, FOR HIS OUTSTANDING CONTRIBUTIONS TO SOUTH CAROLINA LAW ENFORCEMENT, AND TO WISH HIM ALL THE BEST UPON HIS RETIREMENT.

The Resolution was adopted.

The following was introduced:

H. 5286 (Word version) -- Rep. Frye: A HOUSE RESOLUTION TO RECOGNIZE PINE PLEASANT BAPTIST CHURCH IN EDGEFIELD COUNTY FOR ITS OUTSTANDING COMMITMENT TO THE FURTHERANCE OF THE CHRISTIAN FAITH, AND TO CONGRATULATE ITS MEMBERS ON THE CHURCH'S ONE HUNDRED AND SEVENTY-FIFTH ANNIVERSARY ON JULY 16, 2006.

The Resolution was adopted.

The following was introduced:

H. 5287 (Word version) -- Reps. Harrell, W. D. Smith, Cato, Chellis, Cooper, Harrison, M. Hines, Leach, J. R. Smith, Townsend, Vaughn, Witherspoon, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Ceips, Chalk, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harvin, Haskins, Hayes, Herbkersman, J. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, Stewart, Talley, Taylor, Thompson, Toole, Tripp, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire and Young: A HOUSE RESOLUTION EXTENDING THE DEEPEST GRATITUDE TO THE HONORABLE THOMAS N. RHOAD FOR HIS TWENTY-THREE YEARS OF DISTINGUISHED SERVICE IN THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND WISHING HIM THE BRIGHTEST FUTURE IN HIS BELOVED HOME OF BAMBERG.

Whereas, Thomas N. Rhoad of Bamberg County was first elected to the South Carolina House of Representatives for the 1983 Session; and

Whereas, he has served the State of South Carolina and the people of Bamberg, Barnwell, and Orangeburg counties continuously since that time; and

Whereas, his long tenure of statesmanship earned him the title of Chairman Emeritus of the Agriculture, Natural Resources and Environmental Affairs Committee, where he also served as Chairman of the subcommittee on Wildlife; and

Whereas, Representative Rhoad served the Interstate Cooperation Committee as Treasurer and oversaw personnel and the administration and management of facilities of the House of Representatives as a member of the Operations and Management Committee; and

Whereas, a survey of the vital legislation sponsored by Representative Rhoad during his distinguished career demonstrates his dedication to providing for his constituents and to protecting South Carolina's wildlife; and

Whereas, in just this most recent legislative session, the 116th, he co-sponsored bills that became law so as to make it unlawful to engage in trafficking of persons for forced labor or services, to regulate the sale of ephedrine or pseudoephedrine, to further criminalize certain activities in connection with the drugs amphetamine or methamphetamine, and to renew tax incentives for the creation of new investments and jobs; and

Whereas, he also co-sponsored a law that closely regulates the hunting of wild turkey, and in a major undertaking, was a co-sponsor of Act 289 of 2006 that revises and reduces the number of game zones, with corresponding revisions to bag limits, hunting seasons, prohibited acts, and penalties; and

Whereas, this product of the Bamberg County public schools never lost his affection for the land he knew so well as a retired farmer and rural mail carrier; and

Whereas, those roots served him well as he served the State of South Carolina. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives do hereby extend the deepest gratitude to the Honorable Thomas N. Rhoad for his twenty-three years of distinguished service in the South Carolina House of Representatives and wish him the brightest future in his beloved home of Bamberg.

Be it further resolved that a copy of this resolution be presented to the Honorable Thomas N. Rhoad.

The Resolution was adopted.

The following was introduced:

H. 5288 (Word version) -- Reps. Harrell, Scott, Bales, Ballentine, Brady, Cotty, Harrison, Howard, J. H. Neal, Rutherford, J. E. Smith, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bannister, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO HONOR AND THANK REPRESENTATIVE JOE ELLIS BROWN FOR HIS MORE THAN TWENTY YEARS OF SERVICE TO THE CITIZENS OF RICHLAND COUNTY AND THE STATE OF SOUTH CAROLINA AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

Whereas, to serve the State of South Carolina as a member of the General Assembly is one of the highest honors that can be bestowed upon a South Carolinian; and

Whereas, born on May 24, 1933, in Anderson County, the Honorable Joe Ellis Brown is the son of Prue Ellis and Elouise Grant-Brown; and

Whereas, he received a Bachelor of Science degree from Allen University in 1956, a Masters of Science degree from South Carolina State University in 1961, and has completed post-graduate studies at the University of South Carolina; and

Whereas, on March 11, 1956, he entered into holy matrimony with his lovely wife, the former Dorothy Henderson, and together they were blessed with four children: Angela Gay, L'Tanya Gabriel, and the late Kathy Ann and Joe Ellis Brown, Jr.; and

Whereas, elected to the House of Representatives in 1986, he serves as Chairman of the Medical, Military, Public and Municipal Affairs Committee, a position he has held with distinction since 1994, and is a past Chairman of the Legislative Black Caucus; and

Whereas, a retired public school administrator, Chairman Brown served as a principal and educator in Richland County School District One for approximately thirty years; and

Whereas, he is a life member of Alpha Phi Alpha Fraternity, the National Association for the Advancement of Colored People, the Arrow's Bridge Club for Professional Men, and the Eau Claire Rotary Club, as well as many other civic and community organizations; and

Whereas, Chairman Brown has received numerous honors and awards throughout his lifetime, which include the Alpha Phi Alpha Fraternity's Charles W. Green Award of Merit, the Omega Psi Phi Fraternity's Citizen of the Year Award, the South Carolina Pharmaceutical Association Distinguished Service Award, and an Honorary Doctorate of Arts and Humanities from Allen University; and

Whereas, Chairman Brown is above all a man of faith. He serves as a deacon at St. John Baptist Church, where he also served for many years as church auditor; and

Whereas, throughout his more than twenty years of service in the House of Representatives, Chairman Joe Ellis Brown has served both his State and his community with pride, integrity, and distinction, and the Palmetto State is truly grateful for the time, energy, and commitment he has made that has accomplished so much. 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, honor and thank Representative Joe Ellis Brown for his more than twenty years of service to the citizens of Richland County as a member of the South Carolina General Assembly, and extend their best wishes to him in all of his future endeavors.

Be it further resolved that a copy of this resolution be presented to the Honorable Joe Ellis Brown.

The Resolution was adopted.

The following was introduced:

H. 5289 (Word version) -- Reps. Harrell, W. D. Smith, Cato, Chellis, Cooper, Harrison, M. Hines, Leach, J. R. Smith, Townsend, Vaughn, Witherspoon, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Ceips, Chalk, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harvin, Haskins, Hayes, Herbkersman, J. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, 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, Stewart, Talley, Taylor, Thompson, Toole, Tripp, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire and Young: A HOUSE RESOLUTION TO HONOR AND THANK REPRESENTATIVE BECKY R. MARTIN FOR HER DEDICATED YEARS OF SERVICE AS A REPRESENTATIVE OF THE PEOPLE OF ANDERSON AND OCONEE COUNTIES, AS WELL AS THE STATE OF SOUTH CAROLINA, IN THE HOUSE OF REPRESENTATIVES, AND TO EXTEND BEST WISHES TO HER IN ALL OF HER FUTURE ENDEAVORS.

Whereas, to serve the State of South Carolina as a member of the General Assembly is one of the highest honors that can be bestowed upon a South Carolinian; and

Whereas, born July 7, 1950, in Mullins, Representative Becky Martin is the daughter of Phillip V. and Inez M. Rogers; and

Whereas, after graduating from Columbia Junior College, Representative Martin married Johnny Wayne Martin, and they have two wonderful daughters, Jayne Marie and Mollie Katherine; and

Whereas, elected to the House of Representatives in 1997, as the first female to serve on the Anderson and Oconee Legislative Delegations, Representative Martin served as the First Vice Chairman of the Freshman Caucus and currently serves on the Medical, Military, Public and Municipal Affairs Committee and is the First Vice Chair of the Operations and Management Committee; and

Whereas, an ardent advocate for women's rights, Representative Martin has been a strong proponent of equal pay for women in the workplace, and she received the Pacesetter Award by the Stennis Center Southern Women in Public Service from 1998 through 2000; and

Whereas, Representative Martin is involved in the Women's Professional Organization for Women in Government, the Women's Caucus, the Women's Republican Caucus, the Anderson and Oconee Republican Women, and National Foundation for Women Legislators, where she served as the State Director in 1998 and Vice President in 2002; and

Whereas, Becky Martin is a realtor who is active in the Association of Realtors, Rotary, March of Dimes, United Way, Clemson Parents Council, Women's Golfing Association, Appalachian Regional Council of Governments, and serves on the Board of the Center Rock Fire Department; and

Whereas, on a state level, Representative Martin is involved in the South Carolina Public Health Association and has been involved in the leadership of the South Carolina State Employees Association; and

Whereas, throughout her ten years of service in the House of Representatives, Representative Becky Martin has served both her State and her community with pride, integrity, and distinction, and the Palmetto State is truly grateful for the time, energy, and commitment she has made to her work in the General Assembly. 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, honor and thank Representative Becky R. Martin for her dedicated years of service as a Representative of the people of Anderson and Oconee Counties, as well as the State of South Carolina, in the House of Representatives, and extend best wishes to her in all of her future endeavors.

Be it further resolved that a copy of this resolution be presented to Representative Becky R. Martin of Anderson.

The Resolution was adopted.

The following was introduced:

H. 5290 (Word version) -- Reps. Harrell, W. D. Smith, Cato, Chellis, Cooper, Harrison, M. Hines, Leach, J. R. Smith, Townsend, Vaughn, Witherspoon, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Ceips, Chalk, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harvin, Haskins, Hayes, Herbkersman, J. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, Stewart, Talley, Taylor, Thompson, Toole, Tripp, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire and Young: A HOUSE RESOLUTION TO HONOR AND EXPRESS THE GRATITUDE OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE HONORABLE R. THAYER RIVERS, JR., FOR HIS SERVICE TO THE CITIZENS OF BEAUFORT, HAMPTON, AND JASPER COUNTIES AS WELL AS THE STATE OF SOUTH CAROLINA AND TO EXTEND BEST WISHES TO HIM IN ALL HIS FUTURE ENDEAVORS.

Whereas, to serve the State of South Carolina as a member of the General Assembly is one of the highest honors that can be bestowed upon a South Carolinian; and

Whereas, born January 7, 1947, in Ridgeland, South Carolina, Representative Rivers is the son of Rubin Thayer, Sr., and Mary Elizabeth Mixon Rivers; and

Whereas, Representative Rivers is married to the former Helen Jane Henry, and they are the proud parents of daughters June and Coulleen; and

Whereas, Representative Rivers received a Bachelor of Science degree from the Citadel in 1969, and in 1972 he graduated with a Juris Doctorate degree from the University of Georgia School of Law; and

Whereas, having served as a Magistrate in Jasper County from 1983 through 1985, Representative Rivers is active in the legal community and since 1980 has served as a board member of the Allendale/Hampton/Jasper Public Defender's Corporation and also has served as chairman of the board; he is a member of the Jasper County Bar Association and of the South Carolina, Georgia, and American Bar Associations; and

Whereas, Thayer Rivers, a dedicated conservationist and outdoorsman, is a member of Ducks Unlimited, the National Wild Turkey Federation, the Rocky Mountain Elk Foundation, and the Safari Club International; and

Whereas, Representative Rivers has served his country and State with distinction; he was a 1st Lieutenant in the United States Army and has served in the Army Reserves and the South Carolina National Guard; and

Whereas, a faithful member of St. Paul's United Methodist Church, Representative Rivers has been an outstanding leader, concerned for the welfare of all, serving his community through myriad organizations and activities; and

Whereas, Representative Rivers was elected to the House of Representatives in 2001; serving on the House Judiciary Committee throughout his tenure, Representative Rivers has served both his State and his community with honor and pride, and the Palmetto State is truly grateful for Representative Rivers' quiet but wise counsel and leadership. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives wish to honor and express their gratitude to the Honorable R. Thayer Rivers, Jr., for his service to the citizens of Beaufort, Hampton, and Jasper Counties as well as the State of South Carolina and to extend best wishes to him in all of his future endeavors.
Be it further resolved that a copy of this resolution be provided to the Honorable R. Thayer Rivers, Jr.

The Resolution was adopted.

The following was introduced:

H. 5291 (Word version) -- Reps. Miller, Anderson, Agnew, Allen, Altman, Anthony, Bailey, Bales, Ballentine, Bannister, 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, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Mitchell, 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, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR JUANITA MIDDLETON OF CHARLESTON COUNTY FOR HER OUTSTANDING COMMITMENT AND DEDICATION TO THE EDUCATION OF SOUTH CAROLINA'S YOUTH AND TO WISH HER ALL THE BEST UPON HER RETIREMENT.

The Resolution was adopted.

The following was introduced:

H. 5292 (Word version) -- Reps. G. M. Smith, Weeks, Coates and G. Brown: A CONCURRENT RESOLUTION TO HONOR NANCY BISHOP, DIRECTOR OF LEARNING RESOURCES AT CENTRAL CAROLINA TECHNICAL COLLEGE, FOR HER ACHIEVEMENTS IN BRINGING TECHNOLOGY TO THE CAMPUS AND TO CONGRATULATE HER FOR BEING HONORED AS THE A. WADE MARTIN INNOVATOR OF THE YEAR BY THE SOUTH CAROLINA TECHNICAL EDUCATION ASSOCIATION.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The Senate sent to the House the following:

S. 1475 (Word version) -- Senators Martin and Alexander: A CONCURRENT RESOLUTION THANKING THE CENTRAL POLICE DEPARTMENT, CHIEF JOE GIBBS, WITH ASSISTANCE FROM THE PICKENS COUNTY SHERIFFS DEPARTMENT, SHERIFF C. DAVID STONE, THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, THE 13TH JUDICIAL CIRCUIT SOLICITOR'S OFFICE, THE JEFFERSON COUNTY, TENNESSEE POLICE DEPARTMENT, AND THE NUMEROUS OTHER LAW ENFORCEMENT AGENCIES FOR THEIR DEDICATION AND CONTINUED, LABORIOUS EFFORTS IN TRACKING AND APPREHENDING A SUSPECT IN THE MURDER OF CLEMSON UNIVERSITY STUDENT TIFFANY MARIE SOUERS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

The Senate sent to the House the following:

S. 1476 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION TO CONGRATULATE THE ABBEVILLE AREA MEDICAL CENTER UPON THE OPENING OF THE NEW HOSPITAL ON AUGUST 1, 2006, AND TO COMMEND ABBEVILLE COUNTY FOR RECOGNIZING AND SERVING THE COMMUNITY'S HEALTH CARE NEEDS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

The Senate sent to the House the following:

S. 1477 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR DEACON WILLIAM CARTER, JR., OF CHARLESTON COUNTY, PRESIDENT OF THE NATIONAL BAPTIST DEACON'S CONVENTION OF AMERICA, INC., FOR HIS MANY CONTRIBUTIONS TO SOUTH CAROLINA AND THIS NATION, AS HE PRESIDES OVER THE 72ND SESSION OF THE NATIONAL BAPTIST DEACON'S CONVENTION WHICH WILL BE HELD IN THE CITY OF CHARLESTON JULY 16-21, 2006.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

The roll call of the House of Representatives was taken resulting as follows:

Agnew                  Allen                  Anthony
Bailey                 Bales                  Ballentine
Bannister              Barfield               Battle
Bingham                Bowers                 Brady
Branham                Breeland               G. Brown
J. Brown               R. Brown               Cato
Chalk                  Chellis                Clark
Clemmons               Clyburn                Coates
Coleman                Cooper                 Cotty
Dantzler               Delleney               Edge
Emory                  Frye                   Funderburk
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Harvin                 Haskins                Hayes
Herbkersman            M. Hines               Hinson
Hiott                  Hodges                 Hosey
Howard                 Huggins                Jefferson
Jennings               Kennedy                Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                Miller
Mitchell               Moody-Lawrence         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. R. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Umphlett               Vaughn
Walker                 Weeks                  White
Whitmire               Witherspoon            Young

I came in after the roll call and was present for the Session on Wednesday, June 14.

Jerry Govan                       Carl Anderson
David Mack                        Jeffrey D. Duncan
John Altman                       Joseph Neal
Gilda Cobb-Hunter                 Daniel Tripp
Ted Vick                          Jackson "Seth"  Whipper
Thad Viers                        Ralph Davenport

The SPEAKER granted Rep. J. E. SMITH a leave of absence for the day due to military reasons.

The SPEAKER granted Rep. W. D. SMITH a leave of absence for the day.

The SPEAKER granted Rep. CEIPS a leave of absence for the day due to a family illness.

Rep. RHOAD made a statement relative to his service in the House.

Rep. RIVERS made a statement relative to his service in the House.

Rep. J. BROWN made a statement relative to his service in the House.

Reps. TOWNSEND and COOPER made a statement relative to Rep. MARTIN'S service in the House.

Rep. MARTIN made a statement relative to her service in the House.

The following Bill was taken up, read the third time, and ordered sent to the Senate:

H. 5263 (Word version) -- Reps. Hinson, Merrill, Dantzler, Umphlett and Limehouse: A BILL TO PROVIDE THAT FOR PURPOSES OF THE BONDING LIMITATIONS OF THE BERKELEY COUNTY SCHOOL DISTRICT, THAT A TRANSFEREE OF THE DISTRICT IS CONSIDERED THE SCHOOL DISTRICT UNDER CERTAIN CONDITIONS, AND TO REQUIRE APPROVAL OF THE BERKELEY COUNTY DELEGATION BEFORE A BOND ISSUE IS INITIATED BY THE DISTRICT.

The following Bills were taken up, read the second time, and ordered to a third reading:

H. 5277 (Word version) -- Reps. Bingham, Ballentine, Clark, Frye, Haley, Huggins, McLeod, Ott, E. H. Pitts and Toole: A BILL TO AMEND ACT 378 OF 2004, RELATING TO THE LEXINGTON COUNTY SCHOOL DISTRICT PROPERTY TAX RELIEF ACT, SO AS TO REVISE THE DATE WHEN THE ACT EXPIRES AND WHEN THE SPECIAL ONE PERCENT SALES AND USE TAX IF IMPLEMENTED, SHALL NO LONGER BE AUTHORIZED.

S. 1373 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 3 OF ACT 117 OF 1961, AS LAST AMENDED BY ACT 167 OF 1997, RELATING TO THE COMPENSATION OF MEMBERS OF THE COLLETON COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE ANNUAL SALARY AND PER-MEETING EXPENSE ALLOTMENT MUST BE DETERMINED BY THE BOARD.

The Veto on the following Act was taken up:

(R376) H. 4491 (Word version) -- Rep. Herbkersman: AN ACT TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO REVISE THE DEFINITION OF "QUALIFYING SERVICE-RELATED FACILITY" WITH RESPECT TO COMPENSATION REQUIREMENTS.

Rep. HERBKERSMAN explained the Veto.

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                  Allen                  Anthony
Ballentine             Bannister              Barfield
Battle                 Bingham                Bowers
Brady                  Branham                Breeland
G. Brown               J. Brown               R. Brown
Cato                   Chellis                Clark
Clemmons               Clyburn                Coates
Cobb-Hunter            Cooper                 Dantzler
Delleney               Duncan                 Edge
Emory                  Frye                   Funderburk
Govan                  Haley                  Hardwick
Harrell                Harrison               Harvin
Haskins                Hayes                  Herbkersman
M. Hines               Hinson                 Hiott
Hodges                 Hosey                  Huggins
Jefferson              Jennings               Kennedy
Kirsh                  Leach                  Limehouse
Littlejohn             Lucas                  Martin
McCraw                 McGee                  McLeod
Merrill                Miller                 Mitchell
Moody-Lawrence         J. M. Neal             Neilson
Ott                    Owens                  Parks
Perry                  Phillips               Pinson
E. H. Pitts            Rhoad                  Rice
Rivers                 Rutherford             Sandifer
Scott                  Simrill                Sinclair
Skelton                D. C. Smith            F. N. Smith
G. M. Smith            J. R. Smith            Talley
Taylor                 Thompson               Toole
Townsend               Umphlett               Vaughn
Viers                  Walker                 Weeks
White                  Witherspoon            Young

Those who voted in the negative are:

Bailey                 Hagood                 Mahaffey
Norman                 Scarborough            Stewart

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

The Veto on the following Act was taken up:

(R372) H. 4316 (Word version) -- Reps. Harrell, Clark, Bailey, Hinson, Harrison, Altman, G. R. Smith, Cotty, Whipper, Taylor, Kirsh, M. A. Pitts, Coates, G. M. Smith, Moody-Lawrence, Toole, Brady, Littlejohn, Sandifer, Mahaffey, McLeod, Funderburk, R. Brown, Haley, Owens, Simrill, Neilson and Bales: AN ACT TO AMEND SECTION 39-5-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRICE GOUGING DURING A DECLARED STATE OF EMERGENCY OR DISASTER, SO AS TO PROHIBIT THE ACTS ALSO UPON AN OUT-OF-STATE DECLARATION OF A STATE OF EMERGENCY OR DISASTER RESULTING IN ABNORMAL DISRUPTION OF THE MARKET IN CERTAIN COMMODITIES WHEN THIS STATE IS AFFECTED AND TO EXCEPT SEASONAL OR OTHER CUSTOMARY FLUCTUATIONS IN PRICE.

Rep. CATO explained the Veto.

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:

Allen                  Anderson               Anthony
Bales                  Ballentine             Bannister
Barfield               Battle                 Bingham
Bowers                 Brady                  Branham
Breeland               G. Brown               R. Brown
Cato                   Chellis                Clark
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Cotty
Dantzler               Duncan                 Edge
Emory                  Funderburk             Govan
Haley                  Hamilton               Harrell
Harrison               Harvin                 Haskins
Hayes                  Herbkersman            M. Hines
Hinson                 Hiott                  Hodges
Hosey                  Huggins                Jefferson
Jennings               Kirsh                  Leach
Limehouse              Littlejohn             Lucas
Mack                   Martin                 McCraw
McGee                  McLeod                 Merrill
Miller                 Mitchell               J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Phillips               E. H. Pitts
M. A. Pitts            Rivers                 Rutherford
Sandifer               Scott                  Sinclair
D. C. Smith            F. N. Smith            G. R. Smith
J. R. Smith            Taylor                 Thompson
Toole                  Townsend               Umphlett
Vaughn                 Vick                   Walker
Weeks                  Whipper                White
Witherspoon            Young

Those who voted in the negative are:

Agnew                  Bailey                 J. Brown
Chalk                  Clemmons               Delleney
Frye                   Hagood                 Hardwick
Kennedy                Mahaffey               Moody-Lawrence
Norman                 Owens                  Perry
Rhoad                  Rice                   Scarborough
Simrill                Skelton                G. M. Smith
Stewart                Talley                 Viers
Whitmire

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

The Veto on the following Act was taken up:

(R437) H. 4874 (Word version) -- Reps. Harrell, Merrill, Cotty, Ballentine, G. Brown, Duncan, Barfield, Haley, Bailey, Bales, Bannister, Battle, Bingham, Brady, Breeland, Cato, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Delleney, Edge, Frye, Hardwick, Harrison, Haskins, Herbkersman, Hinson, Hodges, Huggins, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Mack, McGee, Miller, Norman, Ott, Perry, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Sandifer, Scarborough, Simrill, G. R. Smith, J. E. Smith, Talley, Thompson, Townsend, Tripp, Umphlett, Vick, Viers, Walker, White, Whitmire, Young, Lucas and Mitchell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE SOUTH CAROLINA ECONOMIC DEVELOPMENT INCENTIVE ACT, BY ADDING SECTION 12-6-3589 SO AS TO PROVIDE FOR A CREDIT AGAINST THE STATE CORPORATE INCOME TAX FOR COSTS INCURRED BY A MANUFACTURING FACILITY IN COMPLYING WITH WHOLE EFFLUENT TOXICITY TESTING, THE AMOUNT OF THE CREDIT, AND A TEN-YEAR CARRY FORWARD PERIOD, AND TO DEFINE "MANUFACTURING FACILITY"; TO AMEND SECTION 12-6-2250, RELATING TO APPORTIONMENT OF INCOME FOR CERTAIN BUSINESSES, SO AS TO PROVIDE FOR THE CALCULATION OF APPORTIONED INCOME USING SALES FIGURES; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO INCLUDE A BANK AND A LICENSED GENERAL CONTRACTOR AS TAXPAYERS WHO MAY QUALIFY FOR THE CREDIT; TO AMEND SECTION 12-6-3375, RELATING TO A TAX CREDIT AGAINST INCOME TAX FOR COMPANIES USING THE STATE'S PORT FACILITIES, SO AS TO PROVIDE FOR DETERMINATION OF THE BASE PORT CARGO VOLUME, THAT THE TAXPAYER APPLY TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO QUALIFY, THAT THE COUNCIL DETERMINE THE AMOUNT OF THE CREDIT UP TO A MAXIMUM OF EIGHT MILLION DOLLARS FOR ALL TAXPAYERS FOR EACH CALENDAR YEAR, THAT THE ENTIRE MAXIMUM AMOUNT BE PRORATED AMONG QUALIFYING TAXPAYERS IN A CALENDAR YEAR, FOR CARRYOVER OF EXCESS CREDIT FOR THE NEXT FIVE YEARS, AND TO ALLOW THE EXCHANGE OF INFORMATION BETWEEN THE DEPARTMENT AND THE DEPARTMENT OF COMMERCE IN CONNECTION WITH THE CREDIT FOR INCREASED PORT CARGO VOLUME; TO AMEND SECTION 12-6-3410, AS AMENDED, RELATING TO THE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO INCLUDE A BANK'S HEADQUARTERS AND TO REDEFINE "COMPANY BUSINESS UNIT"; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO THE JOB DEVELOPMENT TAX CREDIT, SO AS TO ALLOW FOR A REDUCTION AGAINST THE CREDIT FOR TAXES DUE AND TO INCLUDE CERTAIN EMPLOYEE RELOCATION EXPENSES AS QUALIFYING EXPENSES; TO AMEND SECTION 12-20-110, AS AMENDED, RELATING TO CERTAIN ENTITIES TO WHICH CORPORATION LICENSE FEES PROVISIONS DO NOT APPLY, SO AS TO INCLUDE A CERTIFIED COMMUNITY DEVELOPMENT ENTITY; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTION FROM THE STATE SALES TAX, SO AS TO EXEMPT CONSTRUCTION MATERIALS USED IN BUILDING A SINGLE MANUFACTURING AND DISTRIBUTION CENTER WITH CERTAIN MINIMUM INVESTMENTS; TO AMEND SECTIONS 12-44-130 AND 12-44-140, BOTH AS AMENDED, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES, SO AS TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 4-12-30, AS AMENDED, RELATING TO QUALIFICATION OF AN INDUCEMENT LEASE AGREEMENT FOR THE FEE IN LIEU OF PROPERTY TAXES, SO AS TO REDUCE THE MINIMUM INVESTMENT REQUIREMENT AND TO DELETE CERTAIN INVESTMENTS FROM A FOUR PERCENT MINIMUM ASSESSMENT RATIO; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO DELETE CERTAIN INVESTMENTS FROM A FOUR PERCENT MINIMUM ASSESSMENT RATIO AND TO REDUCE THE MINIMUM INVESTMENT REQUIREMENT; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO PROVIDE FOR A HIGHER TIER OF CREDIT IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 4-12-30 AND SECTION 4-29-67, BOTH RELATING TO THE FEE IN LIEU OF PROPERTY TAX, SO AS TO PROVIDE THAT PROPERTY TITLED IN A COUNTY'S NAME IS PRIVATE PROPERTY FOR PURPOSES OF AN INDUSTRIAL DEVELOPMENT PARK; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO PROVIDE FOR INCOME DATA TO BE DETERMINED BY THE AVERAGE PER CAPITA INCOME OF THE COUNTY OR THE STATE, TO PROVIDE FOR A CREDIT FOR A TAXPAYER OPERATING AN EXTRAORDINARY RETAIL ESTABLISHMENT, AND TO DEFINE "EXTRAORDINARY RETAIL ESTABLISHMENT"; TO AMEND SECTION 12-21-6520, RELATING TO DEFINITIONS FOR PURPOSES OF THE TOURISM INFRASTRUCTURE ADMISSIONS ACT, SO AS TO FURTHER DEFINE "TOURISM OR RECREATIONAL FACILITY"; AND BY ADDING SECTION 12-21-6590 SO AS TO PROVIDE THAT ONLY FOUR EXTRAORDINARY RETAIL ESTABLISHMENTS MAY BE DESIGNATED, THAT SALES TAX BE DETERMINATIVE RATHER THAN ADMISSIONS TAX FOR THIS PURPOSE, AND TO DEFINE "INFRASTRUCTURE IMPROVEMENTS" TO INCLUDE AN AQUARIUM OR NATURAL HISTORY EXHIBIT OR MUSEUM IN CONNECTION WITH THE ESTABLISHMENT, AS WELL AS OTHER EXPENDITURES DIRECTLY SUPPORTING THE CONSTRUCTION OR OPERATION OF THE ESTABLISHMENT.

Rep. COOPER explained the Veto.

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:

Allen                  Altman                 Anderson
Anthony                Bailey                 Bales
Ballentine             Bannister              Barfield
Battle                 Bingham                Bowers
Brady                  Branham                Breeland
G. Brown               J. Brown               R. Brown
Cato                   Chellis                Clark
Clemmons               Clyburn                Coates
Cobb-Hunter            Coleman                Cooper
Dantzler               Duncan                 Edge
Emory                  Frye                   Funderburk
Govan                  Haley                  Hardwick
Harrell                Harrison               Harvin
Haskins                Hayes                  Herbkersman
M. Hines               Hinson                 Hiott
Hodges                 Hosey                  Howard
Huggins                Jefferson              Jennings
Kennedy                Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mack                   Martin
McCraw                 McGee                  McLeod
Merrill                Miller                 Mitchell
Moody-Lawrence         J. H. Neal             Neilson
Ott                    Owens                  Parks
Phillips               E. H. Pitts            Rhoad
Rice                   Rivers                 Sandifer
Scott                  Sinclair               Skelton
D. C. Smith            F. N. Smith            J. R. Smith
Talley                 Taylor                 Thompson
Toole                  Townsend               Umphlett
Vaughn                 Vick                   Viers
Walker                 Weeks                  Whipper
White                  Whitmire               Witherspoon
Young

Those who voted in the negative are:

Agnew                  Chalk                  Cotty
Delleney               Hamilton               Mahaffey
Norman                 Perry                  Pinson
M. A. Pitts            Scarborough            Simrill
G. M. Smith            G. R. Smith            Stewart
Tripp

-
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

I inadvertently voted to sustain the Governor's veto of H. 4874 by voting "no". My intent was to vote to override the veto. If the vote is reconsidered, I intend to override the veto.

Rep. Michael A. Pitts

The COMMITTEE OF CONFERENCE, to whom was referred:

H. 4735 (Word version) -- Reps. Harrison and Jennings: A BILL TO AMEND SECTION 44-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DETERMINING THE FITNESS OF A PERSON CHARGED WITH A CRIME TO STAND TRIAL, SO AS TO INCREASE FROM FIFTEEN DAYS TO SIXTY DAYS THE TIME WITHIN WHICH THE MENTAL HEALTH EVALUATION OF THE PERSON MUST BE COMPLETED AND TO AUTHORIZE THE COURT ON GOOD CAUSE SHOWN TO GRANT AN EXTENSION OF UP TO THIRTY DAYS; TO AMEND SECTION 44-23-420, RELATING TO THE FITNESS TO STAND TRIAL REPORT OF A MENTAL HEALTH EVALUATION EXAMINER, SO AS TO INCREASE FROM FIVE TO TEN DAYS THE TIME WITHIN WHICH THE EXAMINER MUST SUBMIT HIS REPORT; AND TO AMEND SECTION 44-23-430, RELATING TO COMPETENCY HEARINGS AND DISPOSITION OF CASES IN SUCH HEARINGS, SO AS TO DECREASE FROM SIXTY DAYS TO FOURTEEN DAYS THE TIME WITHIN WHICH THE SOLICITOR MUST INITIATE JUDICIAL COMMITMENT PROCEEDINGS FOR A PERSON FOUND TO BE UNFIT TO STAND TRIAL AND IN ADDITION TO HOSPITALIZING THE PERSON, TO AUTHORIZE THE COURT IN SUCH A PROCEEDING TO CONTINUE THE PERSON IN DETENTION OR ON BOND.

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.   Section 44-23-410 of the 1976 Code is amended to read:

"Section 44-23-410.   (A)   Whenever a judge of the Circuit Court or Family Court has reason to believe that a person on trial before him, charged with the commission of a criminal offense or civil contempt, is not fit to stand trial because the person lacks the capacity to understand the proceedings against him or to assist in his own defense as a result of a lack of mental capacity, the judge shall:

(1)   order examination of the person by two examiners designated by the Department of Mental Health if the person is suspected of having a mental illness or designated by the Department of Disabilities and Special Needs if the person is suspected of being mentally retarded or having a related disability or by both sets of examiners if the person is suspected of having both mental illness and mental retardation or a related disability;. the The examination must be made within fifteen thirty days after the receipt of the court's order and may be conducted in any suitable place unless otherwise designated by the court; or

(2)   order the person committed for examination and observation to an appropriate facility of the Department of Mental Health or the Department of Disabilities and Special Needs for a period not to exceed fifteen days. If at the end of fifteen days the examiners have been unable to determine whether the person is fit to stand trial, the director of the facility shall request in writing an additional period for observation not to exceed fifteen days. If the person or his counsel requests, the person may be examined additionally by a designated examiner of his choice. The report of the examination is admissible as evidence in subsequent hearings pursuant to Section 44-23-430. However, the court may prescribe the time and conditions under which the independent examination is conducted. If the examiners designated by the Department of Mental Health find indications of mental retardation or a related disability but not mental illness, the department shall not render an evaluation on the person's mental capacity, but shall inform the court that the person is 'not mentally ill' and recommend that the person should be evaluated for competency to stand trial by the Department of Disabilities and Special Needs. If the examiners designated by the Department of Disabilities and Special Needs find indications of mental illness but not mental retardation or a related disability, the department shall not render an evaluation on the person's mental capacity, but shall inform the court that the person does 'not have mental retardation or a related disability' and recommend that the person should be evaluated for competency to stand trial by the Department of Mental Health. If either the Department of Mental Health or the Department of Disabilities and Special Needs finds a preliminary indication of a dual diagnosis of mental illness and mental retardation or a related disability, this preliminary finding must be reported to the court with the recommendation that one examiner from the Department of Mental Health and one examiner from the Department of Disabilities and Special Needs be designated to further evaluate the person and render a final report on his mental capacity.

(B)   Before the expiration of the examination period or the examination and observation period, the Department of Mental Health or the Department of Disabilities and Special Needs, as appropriate, may apply to a judge designated by the Chief Justice of the South Carolina Supreme Court for an extension of time up to fifteen days to complete the examination or the examination and observation.

(C)   If the person or the person's counsel requests, the court may authorize the person to be examined additionally by a designated examiner of the person's choice. However, the court may prescribe the time and conditions under which the independent examination is conducted.

(D)   If the examiners designated by the Department of Mental Health find indications of mental retardation or a related disability but not mental illness, the department shall not render an evaluation on the person's mental capacity, but shall inform the court that the person is 'not mentally ill' and recommend that the person should be evaluated for competency to stand trial by the Department of Disabilities and Special Needs. If the examiners designated by the Department of Disabilities and Special Needs find indications of mental illness but not mental retardation or a related disability, the department shall not render an evaluation on the person's mental capacity, but shall inform the court that the person does 'not have mental retardation or a related disability' and recommend that the person should be evaluated for competency to stand trial by the Department of Mental Health. If either the Department of Mental Health or the Department of Disabilities and Special Needs finds a preliminary indication of a dual diagnosis of mental illness and mental retardation or a related disability, this preliminary finding must be reported to the court with the recommendation that one examiner from the Department of Mental Health and one examiner from the Department of Disabilities and Special Needs be designated to further evaluate the person and render a final report on the person's mental capacity."

SECTION   2.   Section 44-23-420 of the 1976 Code is amended to read:

"Section 44-23-420.   (A)   Within five ten days of examination under Section 44-23-410(1) 44-23-410(A)(1) or at the conclusion of the observation period under Section 44-23-410(2) 44-23-410(A)(2), the designated examiners shall make a written report to the court which shall include:

(1)   A a diagnosis of the person's mental condition,; and

(2)   Clinical clinical findings bearing on the issues of whether or not the person is capable of understanding the proceedings against him and assisting in his own defense, and if there is a substantial probability that he will attain that capacity in the foreseeable future.

(B)   The report of the designated examiners shall not contain any findings nor shall the examiners testify on the question of insanity should it be raised as a defense unless further examination on the question of insanity is ordered by the court.

(C)   The report is admissible as evidence in subsequent hearings pursuant to Section 44-23-430."

SECTION   3.   Section 44-23-430 of the 1976 Code is amended to read:

"Section 44-23-430.   Upon receiving the report of the designated examiners the court shall set a date for and notify the person and his counsel of a hearing on the issue of his fitness to stand trial. If, in the judgment of the designated examiners or the superintendent of the facility if the person has been detained, the person is in need of hospitalization, the court with criminal jurisdiction over the person may authorize his detention in a suitable facility until the hearing. The person shall be entitled to be present at the hearings and to be represented by counsel. If upon completion of the hearing and consideration of the evidence the court finds that:

(1)   The the person is fit to stand trial, it shall order the criminal proceedings resumed; or

(2)   The the person is unfit to stand trial for the reasons set forth in Section 44-23-410 and is unlikely to become fit to stand trial in the foreseeable future, the solicitor responsible for the criminal prosecution shall initiate judicial admission proceedings pursuant to Sections 44-17-510 through 44-17-610 or Section 44-20-450 within sixty fourteen days, excluding Saturdays, Sundays, and holidays, during which time the court shall may order him the person hospitalized, may order the person to continue in detention if detained, or, if on bond, may permit the person to remain on bond; or

(3)   The the person is unfit to stand trial but likely to become fit in the foreseeable future, the court shall order him hospitalized for up to an additional sixty days. If the person is found to be unfit at the conclusion of the additional period of treatment the solicitor responsible for the criminal prosecution shall initiate judicial admission proceedings pursuant to Sections 44-17-510 through 44-17-610 or Article 1 of Chapter 21 of this title Section 40-20-450 within fourteen days, excluding Saturdays, Sundays, and holidays, during which time the person shall remain hospitalized.

Subject to the provisions of Section 44-23-460, patients persons against whom criminal charges are pending shall have all the rights and privileges of other involuntarily hospitalized patients persons.

Persons against whom criminal charges are pending but who are not ordered hospitalized involuntarily committed following judicial admission proceedings shall be released."

SECTION   4.   This act takes effect upon approval by the Governor./

Amend title to conform.

Sen. C. Bradley Hutto             Rep. G. Murrell Smith, Jr.
Sen. Vincent A. Sheheen           Rep. F. G. "Greg" Delleney, Jr.
Sen. Kevin L. Bryant              Rep. Fletcher N. Smith, Jr.
On Part of the Senate.            On Part of the House.

Rep. DELLENEY explained the Conference Report.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

The Veto on the following Act was taken up:

(R414) H. 4410 (Word version) -- Reps. Cotty and Brady: AN ACT TO AMEND SECTION 8-13-1510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT REQUIRED BY THE ETHICS ACT, SO AS TO CAP THE FINE AT FIVE THOUSAND DOLLARS; AND TO AMEND SECTION 8-13-740, AS AMENDED, RELATING TO REPRESENTATION BY A PUBLIC OFFICIAL, MEMBER, OR EMPLOYEE BEFORE A GOVERNMENTAL ENTITY, SO AS TO PROVIDE FOR NOTICE OF A CONFLICT AND RECUSAL RATHER THAN THE RESIGNATION OF THE PUBLIC OFFICIAL.

Rep. HARRISON explained the Veto.

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:

Allen                  Altman                 Anderson
Anthony                Bannister              Barfield
Battle                 Bingham                Bowers
Brady                  Branham                Breeland
G. Brown               Cato                   Chellis
Clemmons               Clyburn                Coates
Cooper                 Cotty                  Dantzler
Delleney               Edge                   Frye
Govan                  Hagood                 Haley
Hardwick               Harrell                Harrison
Harvin                 Haskins                Herbkersman
M. Hines               Hinson                 Hiott
Hosey                  Huggins                Leach
Limehouse              Loftis                 Lucas
Martin                 McCraw                 McGee
Merrill                Miller                 Mitchell
Neilson                Perry                  Phillips
E. H. Pitts            Rice                   Rivers
Sandifer               Sinclair               Skelton
F. N. Smith            G. M. Smith            J. R. Smith
Talley                 Taylor                 Thompson
Toole                  Umphlett               Vaughn
Vick                   Viers                  Walker
Weeks                  Whipper                White
Witherspoon

Those who voted in the negative are:

Agnew                  Bailey                 Bales
Ballentine             J. Brown               R. Brown
Chalk                  Clark                  Cobb-Hunter
Duncan                 Emory                  Funderburk
Hamilton               Hayes                  Hodges
Howard                 Jefferson              Jennings
Kirsh                  Mack                   Mahaffey
McLeod                 Moody-Lawrence         J. H. Neal
J. M. Neal             Norman                 Ott
Owens                  Parks                  Pinson
M. A. Pitts            Rhoad                  Scarborough
Scott                  Simrill                D. C. Smith
G. R. Smith            Stewart                Whitmire
Young

So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

The Veto on the following Act was taken up:

(R404) H. 3726 (Word version) -- Reps. Ott, Clark, J. E. Smith, McGee, Witherspoon, Branham, Cobb-Hunter, Duncan, Hayes, Lucas, M. A. Pitts, Taylor and R. Brown: AN ACT TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT "CHANDLER'S LAW" BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR CERTAIN REGULATION OF THE OPERATION OF ALL-TERRAIN VEHICLES BY THE DEPARTMENT OF NATURAL RESOURCES, INCLUDING THE REQUIREMENT THAT A PERSON AT LEAST NINE AND NOT OVER SIXTEEN YEARS OF AGE MUST COMPLETE A SAFETY COURSE BEFORE HE MAY OPERATE AN ALL-TERRAIN VEHICLE, TO PROVIDE THAT ALL-TERRAIN VEHICLES ARE EXEMPT FROM AD VALOREM TAXES, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10 SO AS TO PROVIDE A PROCEDURE FOR THE TITLING OF ALL-TERRAIN VEHICLES.

Rep. OTT explained the Veto.

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                  Allen                  Altman
Anderson               Anthony                Bales
Ballentine             Bannister              Battle
Bowers                 Brady                  Branham
Breeland               G. Brown               J. Brown
R. Brown               Cato                   Chellis
Clark                  Cobb-Hunter            Cotty
Dantzler               Duncan                 Edge
Emory                  Frye                   Funderburk
Hagood                 Haley                  Hardwick
Harrell                Harrison               Harvin
Haskins                Hayes                  Herbkersman
Hiott                  Hodges                 Hosey
Huggins                Jefferson              Jennings
Kennedy                Kirsh                  Leach
Lucas                  Mack                   Martin
McCraw                 McGee                  McLeod
Miller                 Mitchell               Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Phillips
E. H. Pitts            Rhoad                  Rivers
Sandifer               Scott                  Sinclair
Skelton                F. N. Smith            Taylor
Toole                  Vick                   Weeks
Whitmire               Witherspoon

Those who voted in the negative are:

Bailey                 Bingham                Chalk
Clemmons               Coates                 Hamilton
Hinson                 Littlejohn             Loftis
Mahaffey               Merrill                Norman
Owens                  Perry                  Pinson
Rice                   Scarborough            Simrill
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Stewart                Talley
Thompson               Tripp                  Vaughn
Viers                  Walker                 White
Young

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

The Veto on the following Act was taken up:

(R406) H. 3803 (Word version) -- Reps. Edge and Wilkins: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, CHAPTER 53, TITLE 44 SO AS TO ENACT THE "SOUTH CAROLINA PRESCRIPTION MONITORING ACT" AUTHORIZING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BUREAU OF DRUG CONTROL TO ESTABLISH A PROGRAM TO MONITOR THE PRESCRIBING AND DISPENSING OF SCHEDULE II-IV CONTROLLED SUBSTANCES BY PROFESSIONALS LICENSED TO PRESCRIBE AND DISPENSE THESE DRUGS, TO PROVIDE THE MANNER AND PROCEDURES UNDER WHICH THESE PROFESSIONALS ARE TO PROVIDE SUCH INFORMATION TO THE DEPARTMENT, TO PROVIDE FOR THE USE, CONFIDENTIALITY, AND AUTHORIZED DISCLOSURE OF THIS INFORMATION, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS RELATED TO REPORTING REQUIREMENTS AND FOR IMPROPER DISCLOSURE OF SUCH INFORMATION; AND TO AMEND SECTION 44-53-360, AS AMENDED, RELATING TO REQUIREMENTS FOR DISPENSING CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT PRESCRIPTIONS FOR CONTROLLED SUBSTANCES IN SCHEDULES II-IV, RATHER THAN SCHEDULES II-V, MUST NOT EXCEED A THIRTY-ONE DAY SUPPLY, TO PROVIDE THAT PRESCRIPTIONS FOR SCHEDULE V CONTROLLED SUBSTANCES MUST NOT EXCEED A NINETY DAY SUPPLY, AND TO PROVIDE THAT A PHARMACIST OR PRACTITIONER DOES NOT HAVE A DUTY TO OBTAIN INFORMATION FROM THE PRESCRIPTION MONITORING PROGRAM AND ARE NOT LIABLE FOR OBTAINING OR NOT OBTAINING SUCH INFORMATION.

Rep. EDGE explained the Veto.

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:

Allen                  Altman                 Anderson
Bailey                 Bales                  Bannister
Barfield               Battle                 Bingham
Bowers                 Brady                  Branham
G. Brown               Cato                   Chalk
Chellis                Clark                  Clemmons
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Dantzler
Duncan                 Edge                   Frye
Govan                  Haley                  Hamilton
Harrison               Harvin                 Hayes
Herbkersman            M. Hines               Hiott
Hosey                  Huggins                Jefferson
Jennings               Kirsh                  Leach
Limehouse              Littlejohn             Lucas
Mack                   Martin                 McCraw
McGee                  McLeod                 Merrill
Miller                 Mitchell               Moody-Lawrence
J. H. Neal             Neilson                Ott
Parks                  Phillips               E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Rivers                 Rutherford             Scott
Sinclair               Skelton                F. N. Smith
Taylor                 Townsend               Tripp
Vick                   Whipper                White
Witherspoon            Young

Those who voted in the negative are:

Agnew                  Ballentine             J. Brown
R. Brown               Cotty                  Delleney
Emory                  Funderburk             Hagood
Hardwick               Harrell                Haskins
Hodges                 Loftis                 Mahaffey
Norman                 Owens                  Perry
Pinson                 Sandifer               Scarborough
Simrill                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Stewart
Talley                 Thompson               Toole
Umphlett               Vaughn                 Viers
Weeks                  Whitmire

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

Rep. MITCHELL moved that the House recede until 2:30 p.m., which was agreed to.

At 2:30 p.m. the House resumed, the SPEAKER in the Chair.

The question of a quorum was raised.
A quorum was later present.

The following was received:

Columbia, S.C., June 14, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 448, S. 1302 by a vote of 0 to 45:

(R448, S1302 (Word version)) -- Senator Leventis: AN ACT TO PROVIDE THAT THE PARENT OF A STUDENT RESIDING IN THE GARDEN GATE SUBDIVISION IN SUMTER COUNTY MAY CHOOSE TO ATTEND ANY SCHOOL FOR WHICH THE SUBDIVISION IS ZONED WITHOUT PENALTY OF TUITION.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., June 14, 2006
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 Gregory, Sheheen and Campsen of the Committee of Free Conference on the part of the Senate on H. 4503:

H. 4503 (Word version) -- Reps. Edge, Harrison, Harrell, Merrill, Bingham, Young, Loftis, Perry, Haskins, Witherspoon, Bailey, Cato, Vaughn, Altman, Sandifer, G. R. Smith, Walker, Jefferson, Mack, Vick, Hardwick, Clemmons, Bales, Neilson, Mahaffey, Clark, Simrill, Viers, Duncan, Thompson, G. M. Smith, Lucas, M. A. Pitts, Rice, Hinson and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REFORM CERTAIN EMINENT DOMAIN PROCEDURES BY ADDING SECTION 4-9-32 SO AS TO PROVIDE FOR PROCEDURES REQUIRED OF A COUNTY BEFORE IT MAY EXERCISE EMINENT DOMAIN; BY ADDING SECTIONS 28-2-65 AND 28-2-67 SO AS TO PROVIDE THAT THE OWNER OF CONDEMNED PROPERTY HAS THE RIGHT OF FIRST REFUSAL TO REDEEM HIS PROPERTY IF THE CONDEMNING ENTITY DOES NOT USE THE PROPERTY FOR THE INTENDED PUBLIC USE OR IT CONTEMPLATES A SALE TO ANOTHER PARTY; BY ADDING SECTION 28-3-25 SO AS TO REQUIRE WRITTEN APPROVAL BEFORE CERTAIN PUBLIC BODIES MAY EXERCISE EMINENT DOMAIN; BY ADDING CHAPTER 4 TO TITLE 28 SO AS TO ENACT THE "JUST COMPENSATION FOR LAND USE RESTRICTIONS ACT" PROVIDING A PROCESS FOR CALCULATING AND OBTAINING JUST COMPENSATION WHEN A LAND USE REGULATION AFFECTS A LAND'S VALUE; BY ADDING SECTION 31-7-26 SO AS TO PROVIDE THAT THE TAX INCREMENT FINANCING ACT (TIF) FOR COUNTIES DOES NOT APPLY TO AGRICULTURAL REAL PROPERTY; TO AMEND SECTION 4-9-30, RELATING TO A COUNTY'S AUTHORITY TO EXERCISE EMINENT DOMAIN, SO AS TO LIMIT THE EXERCISE OF EMINENT DOMAIN FOR SLUM CLEARANCE AND REDEVELOPMENT OF A BLIGHTED AREA BY A COUNTY; TO AMEND SECTION 5-7-50, RELATING TO A MUNICIPALITY'S AUTHORITY TO EXERCISE EMINENT DOMAIN, SO AS TO LIMIT THE EXERCISE OF EMINENT DOMAIN FOR SLUM CLEARANCE AND REDEVELOPMENT OF A BLIGHTED AREA AND TO PROVIDE REQUIRED PROCEDURES BEFORE THE EXERCISE; TO AMEND SECTION 28-2-30, RELATING TO DEFINITIONS FOR PURPOSES OF EXERCISING EMINENT DOMAIN, SO AS TO DEFINE "BLIGHTED", "JUST COMPENSATION", AND "PUBLIC USE"; TO AMEND SECTIONS 28-3-20 AND 28-3-30, BOTH RELATING TO STATE AUTHORITIES WITH EMINENT DOMAIN POWER, SO AS TO SPECIFY PUBLIC ENTITIES OTHER THAN COUNTIES AND MUNICIPALITIES INCLUDING CERTAIN INSTITUTIONS OF HIGHER LEARNING, THE STATE PORTS AUTHORITY, AND THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 31-7-30, AS AMENDED, RELATING TO TIF FOR COUNTIES, SO AS TO DEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED"; BY ADDING SECTION 6-33-25, RELATING TO TIF FOR MUNICIPALITIES, SO AS TO EXCLUDE AGRICULTURAL PROPERTY FROM ITS PROVISIONS; TO AMEND SECTION 6-33-30, RELATING TO TIF FOR MUNICIPALITIES, SO AS TO DEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED"; BY ADDING SECTION 31-6-25, RELATING TO TIF FOR REDEVELOPMENT PROJECTS, SO AS TO EXCLUDE AGRICULTURAL PROPERTY FROM ITS PROVISIONS; AND TO AMEND SECTION 31-6-30, AS AMENDED, RELATING TO TIF FOR REDEVELOPMENT PROJECTS, SO AS TO REDEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED" AREAS.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., June 14, 2006
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 Gregory, Sheheen and Campsen of the Committee of Free Conference on the part of the Senate on S. 1031:

S. 1031 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Ford and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE THAT PRIVATE PROPERTY MUST NOT BE CONDEMNED BY EMINENT DOMAIN FOR ANY PURPOSE OR BENEFIT INCLUDING, BUT NOT LIMITED TO, THE PURPOSE OR BENEFIT OF ECONOMIC DEVELOPMENT, UNLESS THE CONDEMNATION IS FOR PUBLIC USE, EXCEPT THAT IN THE INSTANCE OF THE EXERCISE OF EMINENT DOMAIN FOR THE LIMITED PURPOSE OF REMEDYING BLIGHT, THE GENERAL ASSEMBLY MAY PROVIDE FOR THE PRIVATE USE OF CONDEMNED PROPERTY UNDER CERTAIN CONDITIONS; AND PROPOSING AMENDMENTS TO ARTICLE I, SECTION 17, AND ARTICLE XIV, SECTION 5, RELATING TO TREASON AND THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER AND CHEROKEE, SPARTANBURG, YORK, FLORENCE, GREENVILLE, CHARLESTON, RICHLAND, AND LAURENS COUNTIES, SO AS TO DELETE THOSE PROVISIONS.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., June 14, 2006
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. 346, H. 4965 by a vote of 44 to 0:

(R346, H4965 (Word version)) -- Reps. Loftis, Pinson, Hardwick, Barfield, Bannister, Ceips, Clark, Clemmons, Coates, Davenport, Duncan, Edge, Frye, Hamilton, Harrison, Haskins, Hiott, Mahaffey, Merrill, Norman, Owens, Perry, M.A. Pitts, Sandifer, Scarborough, F.N. Smith, Stewart, Talley, Walker, Witherspoon, Young, Mitchell, McLeod, Leach, Altman and Harrell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-525 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO WILFULLY, KNOWINGLY, OR MALICIOUSLY DISTURB OR INTERRUPT A FUNERAL SERVICE AND TO MAKE IT UNLAWFUL TO UNDERTAKE AN ACTIVITY AT A CEMETERY, OTHER THAN DECOROUS PARTICIPATION IN A SERVICE OR VISITATION AT A BURIAL SPACE, AND TO PROVIDE PENALTIES.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., June 14, 2006
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. 318, H. 4951 by a vote of 45 to 0:

(R318, H4951 (Word version)) -- Rep. Cobb-Hunter: AN ACT TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE THAT IN A COUNTY OF AT LEAST ONE THOUSAND SQUARE MILES IN SIZE AND WHICH HAS HAD AN UNEMPLOYMENT RATE GREATER THAN THE STATE AVERAGE AND AN AVERAGE PER CAPITA LOWER THAN THE STATE AVERAGE PER CAPITA INCOME FOR THE PAST TEN YEARS AND WHICH IS OTHERWISE NOT ELIGIBLE FOR ANY SPECIAL CLASSIFICATION, THE TARGETED JOBS TAX CREDIT ALLOWED IN THE COUNTY IS TWO TIERS HIGHER THAN THE CREDIT FOR WHICH THE COUNTY WOULD OTHERWISE QUALIFY.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., June 14, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on S. 1029:

S. 1029 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Anderson, Ford and Knotts: A JOINT RESOLUTION TO CREATE AN EMINENT DOMAIN STUDY COMMITTEE TO REVIEW THE CONDEMNATION AUTHORITY OF ALL ENTITIES THAT POSSESS THE POWER OF EMINENT DOMAIN IN SOUTH CAROLINA, THE EFFECT OF GOVERNMENTAL POLICY ON THE VALUE AND OWNERSHIP OF PRIVATE PROPERTY, AND THE NEED FOR REVISION OF CURRENT SLUM CLEARANCE AND REDEVELOPMENT USES OF EMINENT DOMAIN; AND TO PROVIDE FOR ITS MEMBERSHIP AND FOR ITS REPORT TO THE GENERAL ASSEMBLY OF ITS FINDINGS AND RECOMMENDATIONS.

Very respectfully,
President
Received as information.

The Veto on the following Act was taken up:

(R405) H. 3773 (Word version) -- Reps. Vick, W. D. Smith, Littlejohn, Agnew, Ballentine, Haley, Lucas, Ott, Hardwick, Witherspoon, Cobb-Hunter and Anderson: AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM SALES TAX THE GROSS PROCEEDS OF SALES OR SALES PRICE OF GOLD, SILVER, AND PLATINUM BULLION, AND COINS AND CURRENCY AND TO REQUIRE THE RETAILER TO MAINTAIN PROPER DOCUMENTATION AS REQUIRED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE FOR EACH EXEMPT SALE.

Rep. LITTLEJOHN explained the Veto.

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
Bales                  Barfield               Battle
Bingham                Bowers                 Brady
Branham                Breeland               Cato
Chalk                  Chellis                Clyburn
Cooper                 Davenport              Delleney
Funderburk             Govan                  Haley
Hamilton               Hardwick               Harrell
Harrison               Haskins                Herbkersman
Hinson                 Hiott                  Hosey
Howard                 Huggins                Jefferson
Jennings               Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               Martin
McCraw                 McGee                  McLeod
Miller                 Mitchell               J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Phillips               E. H. Pitts
M. A. Pitts            Rhoad                  Rutherford
Sandifer               Scott                  Sinclair
G. R. Smith            J. R. Smith            Taylor
Toole                  Umphlett               Vick
Viers                  Walker                 White
Witherspoon

Those who voted in the negative are:

Bailey                 R. Brown               Clark
Clemmons               Coates                 Duncan
Edge                   Emory                  Frye
Hagood                 Hodges                 Norman
Owens                  Perry                  Rice
Rivers                 Scarborough            Simrill
Skelton                D. C. Smith            G. M. Smith
Talley                 Thompson               Vaughn
Weeks                  Whitmire

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

The Veto on the following Act was taken up:

(R427) H. 4707 (Word version) -- Reps. Govan, Scott, Hosey, Moody-Lawrence, Whipper, Clark, Howard, Mack, Vick, Allen, Battle, Bowers, Brady, Branham, Cato, Ceips, Clemmons, Clyburn, Funderburk, Haskins, Hodges, Jefferson, McLeod, Ott, Perry, Rice, Scarborough, Sinclair, G. M. Smith, J. E. Smith and Townsend: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-29-440 THROUGH 59-29-570 SO AS TO ENACT THE "SOUTH CAROLINA FINANCIAL LITERACY TRUST ACT", WHICH IS AN INITIATIVE FOR IMPROVING FINANCIAL LITERACY BY PROVIDING GRANTS TO SCHOOL DISTRICTS TO PROVIDE FINANCIAL LITERACY INSTRUCTION FOR STUDENTS IN KINDERGARTEN THROUGH TWELFTH GRADE; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO ESTABLISH THE SOUTH CAROLINA FINANCIAL LITERACY BOARD OF TRUSTEES, TO PROVIDE THAT IT SHALL OVERSEE THE FINANCIAL LITERACY TRUST, AND TO ESTABLISH THE PURPOSES OF THE BOARD AND ITS COMPOSITION, FUNCTIONS, AND DUTIES; TO PROVIDE FOR A FUND TO ACCEPT PUBLIC AND PRIVATE MONIES, AND PROVIDE THAT NO STATE FUNDS MAY BE USED FOR THE FINANCIAL LITERACY INITIATIVE; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; AND TO PROVIDE THE PROCEDURE FOR APPLYING FOR A GRANT, ESTABLISH FISCAL GUIDELINES, AND EVALUATION REQUIREMENTS; TO AMEND SECTION 12-6-5060, AS AMENDED, RELATING TO DESIGNATING CONTRIBUTIONS TO CERTAIN CHARITABLE FUNDS THROUGH INDIVIDUAL INCOME TAX RETURNS, SO AS TO AUTHORIZE CONTRIBUTIONS TO THE FINANCIAL LITERACY TRUST; TO REPEAL SECTIONS 59-29-420 AND 59-29-425, BOTH RELATING TO A FINANCIAL LITERACY FUND; AND TO PROVIDE THE INTENT.

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                  Allen                  Altman
Anderson               Bales                  Bannister
Battle                 Bowers                 Breeland
G. Brown               R. Brown               Clark
Clyburn                Cobb-Hunter            Cooper
Davenport              Emory                  Funderburk
Govan                  Haley                  Hiott
Hodges                 Hosey                  Howard
Huggins                Jefferson              Jennings
Kennedy                Kirsh                  Leach
Littlejohn             Loftis                 Lucas
Mack                   Mahaffey               Martin
McCraw                 McGee                  McLeod
Miller                 Mitchell               J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Rhoad
Rutherford             Sandifer               Scott
Simrill                Sinclair               Skelton
F. N. Smith            Taylor                 Vaughn
Vick                   Walker                 Weeks
Whipper                White                  Whitmire

Those who voted in the negative are:

Bailey                 Barfield               Bingham
Chalk                  Chellis                Clemmons
Cotty                  Delleney               Duncan
Edge                   Frye                   Hagood
Hardwick               Harrell                Limehouse
Norman                 Owens                  Perry
Rice                   Scarborough            D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Stewart                Talley                 Thompson
Toole                  Viers                  Young

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

The Veto on the following Act was taken up:

(R428) H. 4723 (Word version) -- Reps. Mitchell, Whipper, Davenport, Moody-Lawrence, Hosey, J. H. Neal, Haley, Breeland, Kennedy, Hodges, Haskins, Rivers, Mack, Allen, Ballentine, Bannister, Barfield, Battle, Bowers, Branham, J. Brown, R. Brown, Cato, Ceips, Chalk, Clyburn, Cobb-Hunter, Emory, Funderburk, Hamilton, Howard, Jefferson, Leach, Limehouse, Littlejohn, Mahaffey, J. M. Neal, Neilson, Parks, Perry, Phillips, F. N. Smith, J. E. Smith, W. D. Smith, Tripp, Viers, Weeks and Harvin: AN ACT TO CREATE A SOUTH CAROLINA AFFORDABLE HOUSING STUDY COMMITTEE COMPRISED OF INDIVIDUALS FROM A VARIETY OF DISCIPLINES WHO ARE TRAINED AND KNOWLEDGEABLE IN AFFORDABLE HOUSING NEEDS AND WHOSE PURPOSE IS TO RECOMMEND LEGISLATIVE CHANGES, IF APPROPRIATE TO THE GOVERNOR AND GENERAL ASSEMBLY, RELATED TO AFFORDABLE HOUSING ISSUES IN THE STATE, AND TO PROVIDE FOR ITS DISSOLUTION UPON THE FILING OF IT RECOMMENDATIONS.

Rep. MITCHELL explained the Veto.
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                  Allen                  Altman
Anderson               Bales                  Bannister
Barfield               Battle                 Bowers
Branham                Breeland               G. Brown
R. Brown               Cato                   Clark
Clemmons               Clyburn                Coates
Cobb-Hunter            Coleman                Davenport
Edge                   Emory                  Funderburk
Harrell                Haskins                Hayes
Herbkersman            Hodges                 Hosey
Howard                 Jefferson              Jennings
Kennedy                Kirsh                  Leach
Littlejohn             Loftis                 Lucas
Mack                   Mahaffey               Martin
McCraw                 McGee                  McLeod
Miller                 Mitchell               J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Phillips               M. A. Pitts
Rhoad                  Rivers                 Rutherford
Sandifer               Scott                  Sinclair
J. R. Smith            Taylor                 Thompson
Townsend               Walker                 Weeks
Whipper                White                  Witherspoon

Those who voted in the negative are:

Bailey                 Bingham                Brady
Chellis                Cotty                  Dantzler
Delleney               Duncan                 Frye
Hagood                 Haley                  Hamilton
Hinson                 Hiott                  Huggins
Limehouse              Merrill                Norman
Owens                  Perry                  Pinson
E. H. Pitts            Rice                   Scarborough
Simrill                Skelton                D. C. Smith
G. M. Smith            Stewart                Talley
Toole                  Umphlett               Viers
Whitmire               Young

So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

The Veto on the following Act was taken up:

(R377) H. 4622 (Word version) -- Reps. Walker, Cato, Harrell, Bingham, Leach, Loftis, Tripp, Cooper, White, Townsend, Bales, Battle and Dantzler: AN ACT TO AMEND SECTION 38-77-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORM TO BE USED WHEN OPTIONAL AUTOMOBILE INSURANCE COVERAGES ARE OFFERED TO AN INSURED, SO AS TO PROVIDE THAT THE FORM MUST NOT NECESSARILY BE COMPLETED BY THE INSURED, BUT MUST BE SIGNED BY THE INSURED TO BE USED AS EVIDENCE OF INFORMED SELECTION; TO AMEND SECTION 38-55-75, RELATING TO CONFIDENTIALITY OF INFORMATION RECEIVED BY THE DEPARTMENT OF INSURANCE, SO AS TO REFER TO INFORMATION RECEIVED FROM STATE, FEDERAL, AND FOREIGN REGULATORY OFFICIALS; AND TO AMEND SECTION 38-77-140, RELATING TO GENERAL REQUIREMENTS OF POLICIES COVERING BODILY INJURY AND PROPERTY DAMAGE, SO AS TO INCREASE THE MINIMUM REQUIREMENTS FOR POLICIES ISSUED OR RENEWED AFTER JANUARY 1, 2007.

Rep. CATO explained the Veto.

The SPEAKER granted Rep. TALLEY a leave of absence for the remainder of the day.

Rep. JENNINGS spoke against the Veto.

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                  Allen                  Altman
Anderson               Bailey                 Bannister
Barfield               Battle                 Bingham
Bowers                 Brady                  Breeland
G. Brown               Cato                   Chellis
Clemmons               Clyburn                Coates
Cobb-Hunter            Coleman                Cooper
Davenport              Delleney               Edge
Emory                  Funderburk             Govan
Haley                  Hamilton               Hardwick
Harrison               Hayes                  Herbkersman
Hinson                 Hodges                 Hosey
Howard                 Huggins                Jefferson
Jennings               Kennedy                Leach
Limehouse              Littlejohn             Lucas
Mack                   Mahaffey               McCraw
McGee                  McLeod                 Merrill
Miller                 Mitchell               J. H. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rhoad                  Rice                   Rivers
Rutherford             Sandifer               Sinclair
Skelton                F. N. Smith            G. M. Smith
G. R. Smith            Taylor                 Thompson
Toole                  Townsend               Tripp
Vick                   Viers                  Walker
Weeks                  Whipper                White
Whitmire               Witherspoon            Young

Those who voted in the negative are:

Bales                  Ballentine             Clark
Cotty                  Duncan                 Frye
Hagood                 Harrell                Hiott
Kirsh                  Loftis                 Moody-Lawrence
Norman                 Simrill                D. C. Smith
Stewart                Umphlett               Vaughn

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

The Veto on the following Act was taken up:

(R432) H. 4810 -- Ways and Means Committee: AN ACT TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING JULY 1, 2006; 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.

Rep. COOPER explained the Veto.

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                  Allen                  Altman
Anderson               Bailey                 Bales
Bannister              Barfield               Battle
Bingham                Bowers                 Brady
Breeland               G. Brown               R. Brown
Chalk                  Chellis                Clark
Clemmons               Clyburn                Cobb-Hunter
Coleman                Cooper                 Dantzler
Davenport              Delleney               Edge
Emory                  Funderburk             Govan
Haley                  Hamilton               Hardwick
Harrell                Harrison               Haskins
Hayes                  Herbkersman            Hinson
Hiott                  Hodges                 Hosey
Howard                 Huggins                Jefferson
Jennings               Kennedy                Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Mack
Mahaffey               Martin                 McCraw
McGee                  McLeod                 Merrill
Miller                 Mitchell               Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parks
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rhoad                  Rivers
Rutherford             Sandifer               Scott
Simrill                Sinclair               Skelton
D. C. Smith            F. N. Smith            G. R. Smith
J. R. Smith            Stewart                Taylor
Townsend               Umphlett               Vaughn
Vick                   Viers                  Walker
Weeks                  Whipper                White
Whitmire               Witherspoon            Young

Those who voted in the negative are:

Ballentine             Coates                 Cotty
Duncan                 Frye                   Hagood
Norman                 Rice                   Scarborough
G. M. Smith            Thompson               Toole
Tripp

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

During my first term as Representative for the people of Richland and Lexington Counties, I have witnessed an intense and constant struggle between the legislative and executive branches of our state government.
As a fiscal conservative, I have supported restraint in government spending last year and again today with my sustaining of the veto on H. 4810 and the vetoes of H. 4812.
However, recent events have given me great concern and reasons to understand why many South Carolinians do not view the political process in a positive light.
Much like I did not like the conflict two weeks ago over the date our legislative bodies would debate the vetoes; I do not like the manner in which H.4810 was vetoed in it's entirety and yet H.4812 was vetoed with line-items. This seems contradictory in nature that we can single out projects in one Bill but not the other.
Not having the opportunity to vote on individual projects that cause our Budget to balloon, I must instead face the tough decision of not being able to vote for the critical items of our state in order to stand against other wasteful, unnecessary projects that should be funded either privately or at the local level.
I do not understand why we as elected officials cannot seem to find common ground and work towards lifting our State in unison instead of constant gamesmanship and bickering.
It is my hope that next session, both branches of government can work more effectively together. It is only then that our State can advance and our citizens' quality-of-life improve.

Rep. Nathan Ballentine

During the vote on H. 4810, I was temporarily out of the Chamber on constituent business. I would have voted to override the Governor's veto.

Rep. Robert S. "Skipper" Perry

The Veto on the following Act was taken up:

(R433) H. 4812 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2005-2006.

Veto 1   Section 1; Page 2; Item 9; The Citadel; Infirmary Roof Repair; $1,500,000
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               Bailey                 Bales
Bannister              Barfield               Battle
Bingham                Bowers                 Brady
Branham                Breeland               R. Brown
Chalk                  Chellis                Clark
Clemmons               Clyburn                Coates
Cobb-Hunter            Coleman                Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Edge
Emory                  Funderburk             Govan
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Haskins                Hayes                  Herbkersman
Hinson                 Hiott                  Hodges
Hosey                  Jefferson              Jennings
Kennedy                Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McGee
McLeod                 Miller                 Mitchell
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Phillips
Pinson                 M. A. Pitts            Rhoad
Rice                   Rivers                 Rutherford
Sandifer               Scott                  Sinclair
Skelton                G. R. 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             Frye                   Huggins
Norman                 E. H. Pitts            Scarborough
Simrill                D. C. Smith            G. M. Smith
Stewart                Toole

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

Veto 2   Section 1; Page 2; Item 10; Coastal Carolina University; College of Natural Science (Nutraceuticals); $250,000

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                  Bannister              Barfield
Battle                 Bowers                 Brady
Branham                Breeland               G. Brown
J. Brown               R. Brown               Cato
Chellis                Clemmons               Clyburn
Cobb-Hunter            Coleman                Cooper
Davenport              Edge                   Emory
Funderburk             Govan                  Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Haskins
Hayes                  Hinson                 Hiott
Hodges                 Hosey                  Jefferson
Jennings               Kirsh                  Leach
Limehouse              Littlejohn             Lucas
Mack                   Mahaffey               Martin
McCraw                 McGee                  McLeod
Miller                 Mitchell               Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Perry
Phillips               Rhoad                  Rice
Rivers                 Rutherford             Sandifer
Scott                  Sinclair               Skelton
F. N. Smith            G. R. Smith            J. R. Smith
Taylor                 Thompson               Townsend
Vick                   Viers                  Walker
Weeks                  Whipper                White
Whitmire               Witherspoon            Young

Those who voted in the negative are:

Agnew                  Ballentine             Bingham
Chalk                  Clark                  Coates
Cotty                  Dantzler               Delleney
Duncan                 Frye                   Herbkersman
Huggins                Loftis                 Merrill
Norman                 Pinson                 E. H. Pitts
M. A. Pitts            Scarborough            Simrill
D. C. Smith            G. M. Smith            Stewart
Toole                  Umphlett               Vaughn

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 11; South Carolina State University; Repair/Renovation; $2,500,000

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                  Bannister              Barfield
Battle                 Bingham                Bowers
Brady                  Branham                Breeland
G. Brown               J. Brown               R. Brown
Cato                   Chellis                Clemmons
Clyburn                Cobb-Hunter            Coleman
Cooper                 Dantzler               Davenport
Delleney               Edge                   Emory
Funderburk             Govan                  Hagood
Hamilton               Hardwick               Harrell
Herbkersman            Hinson                 Hiott
Hodges                 Hosey                  Jefferson
Jennings               Kirsh                  Leach
Limehouse              Littlejohn             Lucas
Mack                   Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                Miller                 Mitchell
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Phillips
Pinson                 M. A. Pitts            Rice
Rivers                 Rutherford             Sandifer
Scott                  Sinclair               Skelton
F. N. Smith            G. R. 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             Chalk                  Clark
Cotty                  Duncan                 Frye
Haley                  Huggins                Norman
E. H. Pitts            Scarborough            Simrill
D. C. Smith            G. M. Smith            Stewart
Toole

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 14; Vocational Rehabilitation; Parking Facilities Upgrade; $165,000

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
Bingham                Branham                Breeland
G. Brown               J. Brown               R. Brown
Cato                   Chellis                Coates
Cobb-Hunter            Coleman                Cooper
Duncan                 Edge                   Emory
Funderburk             Govan                  Hagood
Hamilton               Harrison               Haskins
Hodges                 Hosey                  Howard
Jefferson              Jennings               Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Mack
Mahaffey               Martin                 McCraw
McGee                  McLeod                 Miller
Mitchell               J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Phillips
M. A. Pitts            Rice                   Rivers
Rutherford             Sandifer               Scott
Sinclair               Skelton                G. M. Smith
G. R. Smith            Taylor                 Thompson
Townsend               Vaughn                 Vick
Weeks                  White                  Whitmire
Young

Those who voted in the negative are:

Ballentine             Bannister              Brady
Chalk                  Clark                  Clemmons
Cotty                  Dantzler               Davenport
Delleney               Frye                   Haley
Hardwick               Harrell                Herbkersman
Hinson                 Hiott                  Huggins
Kennedy                Merrill                Norman
Pinson                 E. H. Pitts            Scarborough
Simrill                D. C. Smith            J. R. Smith
Stewart                Toole                  Umphlett
Viers

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 20; Office of Indigent Defense; Information Technology; $500,000

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                  Anderson
Bales                  Bannister              Barfield
Battle                 Bowers                 Branham
Breeland               J. Brown               R. Brown
Cato                   Chellis                Clemmons
Clyburn                Cobb-Hunter            Cooper
Davenport              Delleney               Edge
Emory                  Funderburk             Govan
Hagood                 Hamilton               Hardwick
Hinson                 Hiott                  Hodges
Hosey                  Howard                 Jefferson
Jennings               Kennedy                Kirsh
Leach                  Littlejohn             Loftis
Mack                   Mahaffey               Martin
McCraw                 McGee                  McLeod
Miller                 Mitchell               Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Perry
Phillips               Rivers                 Rutherford
Sandifer               Scott                  Sinclair
Skelton                Thompson               Townsend
Vaughn                 Vick                   Viers
Walker                 Weeks                  Whipper
White                  Whitmire               Witherspoon
Young

Those who voted in the negative are:

Bailey                 Ballentine             Bingham
Brady                  Chalk                  Clark
Coates                 Cotty                  Dantzler
Duncan                 Frye                   Haley
Harrell                Herbkersman            Huggins
Limehouse              Lucas                  Merrill
Norman                 Owens                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Scarborough            Simrill                D. C. Smith
G. R. Smith            J. R. Smith            Stewart
Toole                  Umphlett

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

I abstained from voting on H. 4812, R. 433, Veto No. 5, due to my appointment to the Office of Indigent Defense Commission by the Chairman of the House Judiciary Committee.

Rep. Murrell Smith

Veto 6   Section 1; Page 3; Item 35; Department of Agriculture; Pee Dee Market Expansion; $750,000

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                  Anderson
Bailey                 Bales                  Barfield
Battle                 Branham                Breeland
G. Brown               J. Brown               R. Brown
Cato                   Chellis                Clemmons
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Dantzler
Davenport              Edge                   Funderburk
Govan                  Hagood                 Hamilton
Hardwick               Harrell                Harrison
Hinson                 Hiott                  Hodges
Hosey                  Howard                 Jefferson
Jennings               Kennedy                Kirsh
Leach                  Limehouse              Loftis
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McGee
McLeod                 Miller                 Mitchell
Moody-Lawrence         J. H. Neal             Neilson
Ott                    Owens                  Parks
Phillips               M. A. Pitts            Rhoad
Rice                   Rivers                 Rutherford
Sandifer               Scott                  Simrill
Sinclair               Skelton                G. R. Smith
J. R. Smith            Taylor                 Townsend
Vaughn                 Vick                   Walker
Whipper                White                  Whitmire
Witherspoon            Young

Those who voted in the negative are:

Ballentine             Bannister              Bingham
Brady                  Chalk                  Clark
Cotty                  Delleney               Duncan
Frye                   Haley                  Herbkersman
Huggins                Merrill                Norman
Pinson                 E. H. Pitts            Scarborough
D. C. Smith            G. M. Smith            Stewart
Thompson               Toole                  Umphlett
Viers                  Weeks

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

Veto 7   Section 1; Page 4; Item 47; Arts Commission; Arts Facility Project; $821,364

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                  Anderson
Bales                  Bannister              Barfield
Battle                 Bowers                 Brady
Branham                Breeland               G. Brown
J. Brown               R. Brown               Cato
Chellis                Clemmons               Clyburn
Coates                 Cobb-Hunter            Coleman
Cooper                 Dantzler               Davenport
Delleney               Edge                   Emory
Funderburk             Govan                  Hagood
Hamilton               Harrell                Harrison
Haskins                Hinson                 Hiott
Hodges                 Hosey                  Howard
Jefferson              Jennings               Leach
Limehouse              Littlejohn             Lucas
Mack                   Mahaffey               Martin
McCraw                 McGee                  McLeod
Miller                 Mitchell               Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parks
Perry                  Phillips               Pinson
M. A. Pitts            Rhoad                  Rice
Rivers                 Rutherford             Sandifer
Scott                  Simrill                Sinclair
Skelton                G. M. Smith            G. R. Smith
J. R. Smith            Taylor                 Thompson
Townsend               Vaughn                 Vick
Walker                 Whipper                White
Whitmire               Witherspoon

Those who voted in the negative are:

Ballentine             Bingham                Chalk
Cotty                  Duncan                 Frye
Haley                  Hardwick               Herbkersman
Huggins                Kennedy                Kirsh
Norman                 E. H. Pitts            Scarborough
D. C. Smith            Stewart                Toole
Umphlett               Viers                  Weeks

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

Rep. SIMRILL moved to reconsider the vote whereby the Veto on the following Act was sustained:

(R428) H. 4723 (Word version) -- Reps. Mitchell, Whipper, Davenport, Moody-Lawrence, Hosey, J. H. Neal, Haley, Breeland, Kennedy, Hodges, Haskins, Rivers, Mack, Allen, Ballentine, Bannister, Barfield, Battle, Bowers, Branham, J. Brown, R. Brown, Cato, Ceips, Chalk, Clyburn, Cobb-Hunter, Emory, Funderburk, Hamilton, Howard, Jefferson, Leach, Limehouse, Littlejohn, Mahaffey, J. M. Neal, Neilson, Parks, Perry, Phillips, F. N. Smith, J. E. Smith, W. D. Smith, Tripp, Viers, Weeks and Harvin: AN ACT TO CREATE A SOUTH CAROLINA AFFORDABLE HOUSING STUDY COMMITTEE COMPRISED OF INDIVIDUALS FROM A VARIETY OF DISCIPLINES WHO ARE TRAINED AND KNOWLEDGEABLE IN AFFORDABLE HOUSING NEEDS AND WHOSE PURPOSE IS TO RECOMMEND LEGISLATIVE CHANGES, IF APPROPRIATE TO THE GOVERNOR AND GENERAL ASSEMBLY, RELATED TO AFFORDABLE HOUSING ISSUES IN THE STATE, AND TO PROVIDE FOR ITS DISSOLUTION UPON THE FILING OF IT RECOMMENDATIONS.

Rep. VICK moved to table the motion to reconsider.

Rep. SIMRILL demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Cotty                  Duncan                 Hagood
Hinson                 Limehouse              Perry
Scarborough            D. C. Smith            G. M. Smith
Stewart                Umphlett               Viers

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Bailey                 Bales                  Bannister
Barfield               Battle                 Bingham
Bowers                 Brady                  Branham
Breeland               G. Brown               J. Brown
R. Brown               Cato                   Chalk
Chellis                Clark                  Clemmons
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Dantzler
Davenport              Delleney               Edge
Emory                  Frye                   Funderburk
Govan                  Haley                  Hamilton
Hardwick               Harrell                Harrison
Haskins                Herbkersman            Hiott
Hodges                 Hosey                  Howard
Huggins                Jefferson              Jennings
Kennedy                Kirsh                  Leach
Littlejohn             Loftis                 Lucas
Mack                   Mahaffey               McCraw
McGee                  McLeod                 Miller
Mitchell               Moody-Lawrence         J. H. Neal
Neilson                Norman                 Ott
Owens                  Parks                  Pinson
E. H. Pitts            M. A. Pitts            Rhoad
Rivers                 Rutherford             Sandifer
Scott                  Simrill                Sinclair
Skelton                F. N. Smith            G. R. Smith
J. R. Smith            Taylor                 Thompson
Toole                  Vaughn                 Vick
Walker                 Weeks                  Whipper
White                  Whitmire               Witherspoon

So, the House refused to table the motion to reconsider.

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                  Allen                  Anderson
Bales                  Bannister              Barfield
Battle                 Bingham                Bowers
Brady                  Branham                Breeland
G. Brown               J. Brown               R. Brown
Cato                   Chalk                  Clark
Clemmons               Clyburn                Coates
Cobb-Hunter            Coleman                Cooper
Dantzler               Davenport              Delleney
Duncan                 Emory                  Funderburk
Govan                  Haley                  Hamilton
Hardwick               Harrell                Harrison
Haskins                Herbkersman            Hiott
Hodges                 Hosey                  Howard
Huggins                Jefferson              Jennings
Kennedy                Kirsh                  Leach
Littlejohn             Loftis                 Lucas
Mack                   Mahaffey               Martin
McCraw                 McGee                  McLeod
Miller                 Mitchell               Moody-Lawrence
J. H. Neal             Neilson                Ott
Pinson                 E. H. Pitts            M. A. Pitts
Rhoad                  Rice                   Rivers
Rutherford             Sandifer               Sinclair
Skelton                F. N. Smith            G. R. Smith
J. R. Smith            Taylor                 Thompson
Toole                  Townsend               Vaughn
Vick                   Walker                 Weeks
Whipper                White                  Whitmire
Young

Those who voted in the negative are:

Bailey                 Chellis                Cotty
Frye                   Hagood                 Hinson
Limehouse              Norman                 Perry
Scarborough            Simrill                D. C. Smith
G. M. Smith            Stewart                Umphlett
Viers

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

Rep. DUNCAN moved to reconsider the vote whereby the Veto on the following Act was sustained, which was agreed to:

(R414) H. 4410 (Word version) -- Reps. Cotty and Brady: AN ACT TO AMEND SECTION 8-13-1510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT REQUIRED BY THE ETHICS ACT, SO AS TO CAP THE FINE AT FIVE THOUSAND DOLLARS; AND TO AMEND SECTION 8-13-740, AS AMENDED, RELATING TO REPRESENTATION BY A PUBLIC OFFICIAL, MEMBER, OR EMPLOYEE BEFORE A GOVERNMENTAL ENTITY, SO AS TO PROVIDE FOR NOTICE OF A CONFLICT AND RECUSAL RATHER THAN THE RESIGNATION OF THE PUBLIC OFFICIAL.

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                  Allen                  Anderson
Bailey                 Bales                  Bannister
Barfield               Battle                 Bingham
Bowers                 Brady                  Branham
Breeland               G. Brown               J. Brown
R. Brown               Cato                   Chalk
Chellis                Clark                  Coleman
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Emory                  Frye
Funderburk             Govan                  Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Haskins
Hayes                  Herbkersman            Hinson
Hiott                  Hodges                 Hosey
Huggins                Jefferson              Jennings
Kennedy                Leach                  Limehouse
Loftis                 Lucas                  Mack
Mahaffey               Martin                 McCraw
McGee                  Merrill                Miller
Mitchell               Neilson                Ott
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rhoad
Rice                   Rivers                 Sandifer
Scarborough            Sinclair               Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Stewart                Taylor
Thompson               Toole                  Townsend
Umphlett               Vick                   Viers
Walker                 Whipper                White
Whitmire               Witherspoon            Young

Those who voted in the negative are:

Ballentine             Clyburn                Coates
Cobb-Hunter            Howard                 Kirsh
Littlejohn             McLeod                 Moody-Lawrence
J. H. Neal             Norman                 Parks
Rutherford             Scott                  Simrill
Vaughn

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

The following was received:

Columbia, S.C., June 14, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on H. 4735:

H. 4735 (Word version) -- Reps. Harrison and Jennings: A BILL TO AMEND SECTION 44-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVALUATIONS FOR DETERMINING THE FITNESS OF A PERSON CHARGED WITH A CRIME TO STAND TRIAL, SO AS TO INCREASE FROM FIFTEEN DAYS TO THIRTY DAYS THE TIME WITHIN WHICH THE EVALUATION OF THE PERSON MUST BE COMPLETED AND TO AUTHORIZE THE EXAMINING ENTITY TO APPLY TO THE COURT FOR AN EXTENSION OF UP TO FIFTEEN DAYS; TO AMEND SECTION 44-23-420, RELATING TO THE FITNESS TO STAND TRIAL REPORT OF A DESIGNATED EXAMINER, SO AS TO INCREASE FROM FIVE TO TEN DAYS THE TIME WITHIN WHICH THE EXAMINER MUST SUBMIT THE REPORT; AND TO AMEND SECTION 44-23-430, RELATING TO COMPETENCY HEARINGS AND DISPOSITION OF CASES IN SUCH HEARINGS, SO AS TO DECREASE FROM SIXTY DAYS TO FOURTEEN DAYS THE TIME WITHIN WHICH THE SOLICITOR MUST INITIATE JUDICIAL COMMITMENT PROCEEDINGS FOR A PERSON FOUND TO BE UNFIT TO STAND TRIAL AND TO AUTHORIZE THE COURT TO CONTINUE THE PERSON IN DETENTION IF THE PERSON IS ALREADY DETAINED OR TO REMAIN ON BOND IF ALREADY ON BOND.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., June 14, 2006
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 S. 1031:

S. 1031 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Ford and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE THAT PRIVATE PROPERTY MUST NOT BE CONDEMNED BY EMINENT DOMAIN FOR ANY PURPOSE OR BENEFIT INCLUDING, BUT NOT LIMITED TO, THE PURPOSE OR BENEFIT OF ECONOMIC DEVELOPMENT, UNLESS THE CONDEMNATION IS FOR PUBLIC USE, EXCEPT THAT IN THE INSTANCE OF THE EXERCISE OF EMINENT DOMAIN FOR THE LIMITED PURPOSE OF REMEDYING BLIGHT, THE GENERAL ASSEMBLY MAY PROVIDE FOR THE PRIVATE USE OF CONDEMNED PROPERTY UNDER CERTAIN CONDITIONS; AND PROPOSING AMENDMENTS TO ARTICLE I, SECTION 17, AND ARTICLE XIV, SECTION 5, RELATING TO TREASON AND THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER AND CHEROKEE, SPARTANBURG, YORK, FLORENCE, GREENVILLE, CHARLESTON, RICHLAND, AND LAURENS COUNTIES, SO AS TO DELETE THOSE PROVISIONS.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., June 14, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification:

H. 4735 (Word version) -- Reps. Harrison and Jennings: A BILL TO AMEND SECTION 44-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVALUATIONS FOR DETERMINING THE FITNESS OF A PERSON CHARGED WITH A CRIME TO STAND TRIAL, SO AS TO INCREASE FROM FIFTEEN DAYS TO THIRTY DAYS THE TIME WITHIN WHICH THE EVALUATION OF THE PERSON MUST BE COMPLETED AND TO AUTHORIZE THE EXAMINING ENTITY TO APPLY TO THE COURT FOR AN EXTENSION OF UP TO FIFTEEN DAYS; TO AMEND SECTION 44-23-420, RELATING TO THE FITNESS TO STAND TRIAL REPORT OF A DESIGNATED EXAMINER, SO AS TO INCREASE FROM FIVE TO TEN DAYS THE TIME WITHIN WHICH THE EXAMINER MUST SUBMIT THE REPORT; AND TO AMEND SECTION 44-23-430, RELATING TO COMPETENCY HEARINGS AND DISPOSITION OF CASES IN SUCH HEARINGS, SO AS TO DECREASE FROM SIXTY DAYS TO FOURTEEN DAYS THE TIME WITHIN WHICH THE SOLICITOR MUST INITIATE JUDICIAL COMMITMENT PROCEEDINGS FOR A PERSON FOUND TO BE UNFIT TO STAND TRIAL AND TO AUTHORIZE THE COURT TO CONTINUE THE PERSON IN DETENTION IF THE PERSON IS ALREADY DETAINED OR TO REMAIN ON BOND IF ALREADY ON BOND.

Very respectfully,
President
Received as information.

The COMMITTEE OF CONFERENCE, to whom was referred: (House Doc. No. P:\LEGWORK\ HOUSE\AMEND\COUNCIL\ DKA\3804CM06.DOC):

H. 3882 (Word version) -- Reps. Harrell and Clark: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ALLOW YEAR OF MANUFACTURE LICENSE PLATES TO SERVE AS THE OFFICIAL LICENSE PLATES FOR CERTAIN MOTOR VEHICLES

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 5/17/06--S.)

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-1450.   (A)   An owner of a motor vehicle that is thirty years old or older, may apply to the department to use a license plate issued by this State in the year corresponding to the model year of the vehicle, if the license plate is legible and serviceable, as determined by the department. If the department determines that the plate is legible and serviceable, the applicant must submit the regular vehicle registration fee contained in Article 5, Chapter 3 of this title, and the special license plate fee required by Section 56-3-2020. The biennial renewal fee for these plates shall be the regular vehicle registration fee contained in Article 5, Chapter 3 of this title, and the special license plate fee required by Section 56-3-2020.

(B)   Once the department approves use of the plate and the applicant submits the required fees, the department shall register the plate to the applicant. The department may not register a license plate that has a sequence of numbers, letters, or other characters identical to any other license plate already issued by the department. The applicant may only use the special license plate on the vehicle with which the license plate registration corresponds.

(C)   License plates registered pursuant to this section may only be transferred to vehicles of the same model year as the year the license plate was originally issued."
SECTION   2.   This act takes effect six months after the approval by the Governor./

Amend title to conform.

Senator Michael L. Fair           Representative Phil Owens
Senator C. Bradley Hutto          Representative E. H. Pitts
Senator Lawrence K. Grooms        Representative Ken Clark
On Part of the Senate.            On Part of the House.

Rep. TOWNSEND explained the Conference Report.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

The SPEAKER granted Rep. GOVAN a leave of absence for the remainder of the day.

The following was received:

Columbia, S.C., June 14, 2006
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. 355, S. 766 by a vote of 45 to 0:

(R355) S. 766 (Word version) -- Senator Verdin: AN ACT TO AMEND SECTION 58-23-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSPORTATION OF PERSONS OR PROPERTY FOR COMPENSATION ON ANY IMPROVED PUBLIC HIGHWAY OF THIS STATE, SO AS TO PROHIBIT A MOTOR VEHICLE CARRIER FROM ADVERTISING OR HOLDING THE MOTOR CARRIER OUT AS AN OPERATOR FOR THE TRANSPORTATION OF PERSONS OR PROPERTY WITHOUT FIRST HAVING OBTAINED A CERTIFICATE FROM THE OFFICE OF REGULATORY STAFF; TO AMEND SECTION 58-23-80, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS RELATING TO REGULATION OF MOTOR CARRIERS, SO AS TO EXTEND THESE PENALTIES FOR VIOLATIONS WITH RESPECT TO THE OFFICE OF REGULATORY STAFF, TO MAKE IT UNLAWFUL FOR CORPORATE OFFICERS, AGENTS, EMPLOYEES, OR OTHER PERSONS ADVERTISING AS A PASSENGER CARRIER TO VIOLATE OR AID OR ABET A VIOLATION OF MOTOR CARRIER REGULATIONS, TO MAKE IT UNLAWFUL FOR CORPORATE OFFICERS, AGENTS, EMPLOYEES, OR OTHER PERSONS ADVERTISING AS A CARRIER OF HOUSEHOLD GOODS OR HAZARDOUS WASTE FOR DISPOSAL TO VIOLATE OR AID OR ABET A VIOLATION OF THE CERTIFICATION AND REGISTRATION REQUIREMENTS FOR MOTOR CARRIERS, TO IMPOSE CRIMINAL PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT THESE NEW OFFENSES MUST NOT BE CHARGED MORE THAN ONCE FOR A SINGLE LOAD.

Very respectfully,
President
Received as information.

The SPEAKER ordered the following veto printed in the Journal:

June 6, 2006
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202

Mr. President and Members of the Senate:

I am hereby vetoing and returning without my approval S. 766 (Word version), R. 355.

In addition to existing law, which prohibits individuals or corporations from transporting persons or property without a state license, S. 766 would prohibit individuals or corporations unlicensed as motor carriers from advertising said services. I believe that adding regulatory layers degrades the soil conditions for business in South Carolina.

While this particular regulation is not excessive in its weight, as it is already against the law for unlicensed individuals to perform these services for hire - I believe additional regulation runs counter to the direction this administration has tried to move with regard to the regulatory load on business.

I think this is particularly true when consumers and market forces have the ability to demand a certain threshold for service, like the possession of surety bonds or membership in a guild or association. Accordingly, government should be a venue of last resort for providing assurances in transactions like these.

I would ask that, going forward, lawmakers be very circumspect about making new demands of the businesses that support our economy - recognizing that, as we seek to grow our economy, these types of regulations are often easy to overcome for existing businesses but potentially insurmountable for start-up companies. Perhaps an individual seeking to begin a carrier service would like to gauge consumer interest by advertising their potential entry into the market before taking the steps to acquire certification. I see no reason why that would be inappropriate in an honest, straight-forward context, but under this law, that type of advertising could be construed as illegal.

There are a number of areas, like college or high school accreditation, that have created a proven framework to separate the qualified from the unqualified. I think that a similar framework could work for motor carriers, and I have not found a compelling need for the government to take on this role.

Ultimately, I believe that in assessing the need for government standards for professional licensure, lawmakers should be mindful of the possible level of harm associated with an activity and the availability of remedies outside the realm of government. In this case, I fail to see where the potential level of harm warrants further government intervention, as the relationship between businesses and consumers provides an adequate context for resolution - in addition to the remedies available through our court system.

Therefore, I am returning S. 766 to you without my signature.

Sincerely,
Mark Sanford
Governor
Received as information.

The Veto on the following Act was taken up:

(R355) S. 766 (Word version) -- Senator Verdin: AN ACT TO AMEND SECTION 58-23-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSPORTATION OF PERSONS OR PROPERTY FOR COMPENSATION ON ANY IMPROVED PUBLIC HIGHWAY OF THIS STATE, SO AS TO PROHIBIT A MOTOR VEHICLE CARRIER FROM ADVERTISING OR HOLDING THE MOTOR CARRIER OUT AS AN OPERATOR FOR THE TRANSPORTATION OF PERSONS OR PROPERTY WITHOUT FIRST HAVING OBTAINED A CERTIFICATE FROM THE OFFICE OF REGULATORY STAFF; TO AMEND SECTION 58-23-80, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS RELATING TO REGULATION OF MOTOR CARRIERS, SO AS TO EXTEND THESE PENALTIES FOR VIOLATIONS WITH RESPECT TO THE OFFICE OF REGULATORY STAFF, TO MAKE IT UNLAWFUL FOR CORPORATE OFFICERS, AGENTS, EMPLOYEES, OR OTHER PERSONS ADVERTISING AS A PASSENGER CARRIER TO VIOLATE OR AID OR ABET A VIOLATION OF MOTOR CARRIER REGULATIONS, TO MAKE IT UNLAWFUL FOR CORPORATE OFFICERS, AGENTS, EMPLOYEES, OR OTHER PERSONS ADVERTISING AS A CARRIER OF HOUSEHOLD GOODS OR HAZARDOUS WASTE FOR DISPOSAL TO VIOLATE OR AID OR ABET A VIOLATION OF THE CERTIFICATION AND REGISTRATION REQUIREMENTS FOR MOTOR CARRIERS, TO IMPOSE CRIMINAL PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT THESE NEW OFFENSES MUST NOT BE CHARGED MORE THAN ONCE FOR A SINGLE LOAD.

Rep. SANDIFER explained the Veto.

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                  Bales                  Barfield
Battle                 Bingham                Bowers
Brady                  Branham                Breeland
G. Brown               R. Brown               Cato
Chellis                Clark                  Cooper
Cotty                  Dantzler               Davenport
Duncan                 Edge                   Emory
Frye                   Funderburk             Govan
Haley                  Hamilton               Hardwick
Harrison               Haskins                Herbkersman
Hinson                 Hiott                  Hodges
Hosey                  Howard                 Huggins
Jefferson              Jennings               Leach
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McGee
McLeod                 Miller                 Mitchell
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Pinson                 E. H. Pitts            Rhoad
Rice                   Rivers                 Sandifer
Scott                  Sinclair               Skelton
Taylor                 Thompson               Toole
Townsend               Umphlett               Vaughn
Viers                  Walker                 Weeks
Whipper                White                  Whitmire
Witherspoon            Young

Those who voted in the negative are:

Ballentine             Bannister              J. Brown
Chalk                  Clemmons               Delleney
Hagood                 Harrell                Kennedy
Kirsh                  Limehouse              Loftis
Merrill                Norman                 Owens
Perry                  Scarborough            Simrill
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Stewart

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

The following was received:

Columbia, S.C., June 14, 2006
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. 356, S. 910 by a vote of 45 to 0:

(R356, S910 (Word version)) -- Senators Knotts, Peeler and Ford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-39 SO AS TO REQUIRE NURSES TO WEAR AN IDENTIFICATION BADGE; TO AMEND SECTION 40-33-32, RELATING TO NURSING LICENSURE REQUIREMENTS, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE; TO AMEND SECTION 40-33-34, RELATING TO THE SCOPE OF PRACTICE AUTHORIZED FOR VARIOUS LEVELS OF NURSING AND REQUIREMENTS FOR CERTAIN SPECIFIED ACTS OF NURSING, SO AS TO CLARIFY INFORMATION THAT MUST BE PROVIDED BY NURSES WITH PRESCRIPTIVE AUTHORITY WHEN WRITING PRESCRIPTIONS; TO AMEND SECTION 40-33-35, RELATING TO LICENSURE REQUIREMENTS FOR OUT-OF-STATE NURSES, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE, TO PROVIDE FOR LICENSURE OF SUCH NURSES WHO WERE PREVIOUSLY AUTHORIZED TO PRACTICE NURSING, AND TO CLARIFY WHAT REQUIREMENTS MUST BE MET BY SUCH NURSES TO BE LICENSED AS AN ADVANCED PRACTICE REGISTERED NURSE; TO AMEND SECTION 40-33-36, RELATING TO THE ISSUANCE OF NURSING LICENSES, INCLUDING REQUIREMENTS FOR TEMPORARY AND LIMITED LICENSES, SO AS TO ALSO APPLY THESE REQUIREMENTS TO TEMPORARY AND LIMITED LICENSES FOR ADVANCED PRACTICE REGISTERED NURSES; AND TO AMEND SECTION 40-33-40, AS AMENDED, RELATING TO REQUIREMENTS FOR DEMONSTRATING COMPETENCY FOR INITIAL AND RENEWAL LICENSURE, SO AS TO CLARIFY CERTAIN REQUIREMENTS AND TO APPLY CERTAIN OF THESE REQUIREMENTS TO INDIVIDUALS SEEKING REINSTATEMENT OF A LAPSED OR INACTIVE STATUS OR LICENSURE OF A PERSON WHO IS AUTHORIZED TO PRACTICE OUT-OF-STATE.

Very respectfully,
President
Received as information.

The SPEAKER ordered the following veto printed in the Journal:

June 6, 2006
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 vetoing and returning without my approval S. 910, R. 356.

S. 910 (Word version) mandates that licensed nurses wear a one-inch by three-inch identification badge bearing the nurse's name and title. Although this Bill is well intentioned, I am vetoing S. 910 because I believe government should resist the urge to place mandates on private business unless there are compelling reasons to do so.

Government mandates on the private sector have a cost, and I believe only in the event of a compelling societal need should we use the force of government to compel private action. Last year, I reluctantly allowed a Bill to go into law - which mandated ID tags for certain medical personnel in hospitals. I did so because the Bill's proponents made a compelling case for patients and their families to be able to immediately identify the various medical personnel who converge on the patient during health emergencies in public hospitals.

By contrast, this Bill requires all nurses statewide to wear an ID tag, even though many nurses operate in settings where an emergency situation is unlikely. Other nurses still work almost exclusively in private practices, and many people in these settings have longstanding relationships with their caregivers. In these places, the utility of a nametag is negligible, and government mandates are not appropriate.

I believe a wiser course is to leave this to the private sector. It could be the standard of the South Carolina Medical Association or the South Carolina Nurses' Association to pass professional rules or guidelines for their members. However well intentioned, I do not feel it is Columbia's rightful place to usurp that role.

I recognize that provisions were added on during the process to help ease South Carolina's entry into the multi-state Nursing Compact. I agree with those parts of the Bill, but unfortunately they are tied to the earlier described government mandate that compels my veto.

In the interest of keeping South Carolina in good standing with the Nursing Compact, I would be glad to write a letter concerning South Carolina's intent to move forward with similar provisions - minus the ID tag language - when the General Assembly convenes in January.

For these reasons, I am returning S. 910 without my signature.

Sincerely,
Mark Sanford
Governor
Received as information.

The Veto on the following Act was taken up:

(R356) S. 910 (Word version) -- Senators Knotts, Peeler and Ford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-39 SO AS TO REQUIRE NURSES TO WEAR AN IDENTIFICATION BADGE; TO AMEND SECTION 40-33-32, RELATING TO NURSING LICENSURE REQUIREMENTS, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE; TO AMEND SECTION 40-33-34, RELATING TO THE SCOPE OF PRACTICE AUTHORIZED FOR VARIOUS LEVELS OF NURSING AND REQUIREMENTS FOR CERTAIN SPECIFIED ACTS OF NURSING, SO AS TO CLARIFY INFORMATION THAT MUST BE PROVIDED BY NURSES WITH PRESCRIPTIVE AUTHORITY WHEN WRITING PRESCRIPTIONS; TO AMEND SECTION 40-33-35, RELATING TO LICENSURE REQUIREMENTS FOR OUT-OF-STATE NURSES, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE, TO PROVIDE FOR LICENSURE OF SUCH NURSES WHO WERE PREVIOUSLY AUTHORIZED TO PRACTICE NURSING, AND TO CLARIFY WHAT REQUIREMENTS MUST BE MET BY SUCH NURSES TO BE LICENSED AS AN ADVANCED PRACTICE REGISTERED NURSE; TO AMEND SECTION 40-33-36, RELATING TO THE ISSUANCE OF NURSING LICENSES, INCLUDING REQUIREMENTS FOR TEMPORARY AND LIMITED LICENSES, SO AS TO ALSO APPLY THESE REQUIREMENTS TO TEMPORARY AND LIMITED LICENSES FOR ADVANCED PRACTICE REGISTERED NURSES; AND TO AMEND SECTION 40-33-40, AS AMENDED, RELATING TO REQUIREMENTS FOR DEMONSTRATING COMPETENCY FOR INITIAL AND RENEWAL LICENSURE, SO AS TO CLARIFY CERTAIN REQUIREMENTS AND TO APPLY CERTAIN OF THESE REQUIREMENTS TO INDIVIDUALS SEEKING REINSTATEMENT OF A LAPSED OR INACTIVE STATUS OR LICENSURE OF A PERSON WHO IS AUTHORIZED TO PRACTICE OUT-OF-STATE.

Rep. J. BROWN explained the Veto.

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:

Barfield               Battle                 Breeland
G. Brown               J. Brown               Clark
Cobb-Hunter            Emory                  Funderburk
Haley                  Hodges                 Jefferson
Lucas                  Mack                   Martin
McGee                  McLeod                 Miller
Mitchell               J. M. Neal             Ott
Parks                  Rhoad                  Rivers
Scott                  Townsend               Vick
Weeks                  Whipper                White
Whitmire

Those who voted in the negative are:

Agnew                  Bales                  Ballentine
Bannister              Bingham                Bowers
Brady                  R. Brown               Chalk
Chellis                Clemmons               Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Frye
Hagood                 Hamilton               Hardwick
Harrell                Haskins                Herbkersman
Hinson                 Hiott                  Huggins
Kennedy                Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Mahaffey               Merrill                Moody-Lawrence
Neilson                Norman                 Perry
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scarborough
Simrill                Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Stewart                Taylor                 Thompson
Toole                  Umphlett               Vaughn
Viers                  Witherspoon            Young

So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

Rep. TOWNSEND 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:

S. 613 (Word version) -- Senators Fair and Hutto: A BILL TO AMEND SECTION 56-3-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VEHICLES CLASSIFIED AS PRIVATE PASSENGER MOTOR VEHICLES, SO AS TO REVISE THE TYPE OF VEHICLES THAT ARE CLASSIFIED AS PRIVATE PASSENGER MOTOR VEHICLES; TO AMEND SECTION 56-3-8000, RELATING TO THE ISSUANCE OF NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES, SO AS TO REVISE THE PROCEDURE WHEREBY THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES; TO AMEND SECTION 56-3-8100, RELATING TO THE PRODUCTION AND DISTRIBUTION OF SPECIAL LICENSE PLATES, SO AS TO REVISE THE PRODUCTION AND DISTRIBUTION PROCEDURE; TO AMEND SECTION 56-3-8200, RELATING TO THE ISSUANCE OF ROTARY INTERNATIONAL SPECIAL LICENSE PLATES, SO AS TO REVISE THE FEE FOR THIS SPECIAL LICENSE PLATE; TO AMEND SECTION 56-3-8300, RELATING TO HE ISSUANCE OF MARINE CORPS LEAGUE SPECIAL LICENSE PLATES, SO AS TO REVISE THE FEE FOR THIS SPECIAL LICENSE PLATE AND ITS DISTRIBUTION; TO AMEND SECTION 56-3-5400, RELATING TO THE ISSUANCE OF FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES, SO AS TO SPECIFY WHICH INDIVIDUALS MAY OBTAIN AND DISPLAY THIS SPECIAL LICENSE PLATES AND TO PROVIDE A PENALTY; TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLES 57, 59, 63, 64, 65, 66, 67, 68, 69, AND 75, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "UNITED STATES NAVAL ACADEMY SPECIAL LICENSE PLATES", "UNITED STATES AIR FORCE ACADEMY SPECIAL LICENSE PLATES", "SUPPORT OUR TROOPS SPECIAL LICENSE PLATES", "EMERGENCY MEDICAL SERVICE SPECIAL LICENSE PLATES", "BOY SCOUTS OF AMERICA SPECIAL LICENSE PLATES", "NATIVE AMERICAN SPECIAL LICENSE PLATES", "SOUTH CAROLINA PEACH COUNCIL SPECIAL LICENSE PLATES", "KOREAN WAR VETERANS SPECIAL LICENSE PLATES", "CANCER RESEARCH CENTERS OF THE CAROLINA SPECIAL LICENSE PLATES", AND SOUTH CAROLINA AQUARIUM SPECIAL LICENSE PLATES".

The yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Agnew                  Bailey                 Bales
Bannister              Barfield               Battle
Bingham                Bowers                 Brady
Breeland               G. Brown               J. Brown
R. Brown               Chalk                  Chellis
Clark                  Clemmons               Clyburn
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Edge                   Funderburk             Hagood
Haley                  Hardwick               Harrell
Haskins                Herbkersman            Hinson
Hiott                  Hodges                 Hosey
Howard                 Huggins                Jefferson
Jennings               Kennedy                Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Mack
Mahaffey               Martin                 McCraw
McGee                  McLeod                 Merrill
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parks                  Pinson
E. H. Pitts            M. A. Pitts            Rhoad
Rice                   Rutherford             Sandifer
Simrill                D. C. Smith            G. R. Smith
J. R. Smith            Stewart                Taylor
Thompson               Toole                  Townsend
Umphlett               Vick                   Viers
Walker                 Whipper                White
Whitmire               Witherspoon            Young

Those who voted in the negative are:

Branham                Duncan                 Norman
Scarborough            Skelton                G. M. Smith
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 appointed Reps. PINSON, MILLER and J. M. NEAL to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

The COMMITTEE OF CONFERENCE, to whom was referred: (House Doc. No. P:\LEGWORK\ HOUSE\AMEND\COUNCIL\AGM\ 18599CM06.DOC)

S. 613 (Word version) -- Senators Fair and Hutto: A BILL TO AMEND SECTION 56-3-8000, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT ORGANIZATIONS SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT A PORTION OF THE FEES FOR THESE SPECIAL LICENSE PLATES MUST BE DISTRIBUTED TO THE ORGANIZATION THAT SPONSORS THE SPECIAL LICENSE PLATE, AND TO REVISE THE NUMBER OF PREPAID APPLICATIONS FOR A SPECIAL LICENSE PLATE AND THE DEPOSIT THAT MUST BE RECEIVED BY THE DEPARTMENT OF MOTOR VEHICLES FROM A NONPROFIT ORGANIZATION BEFORE A SPECIAL LICENSE PLATE MAY BE PRODUCED.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 05/31/06.)

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   Section 56-3-630 of the 1976 Code is amended to read:

"Section 56-3-630.   The Department of Motor Vehicles shall classify as a private passenger motor vehicle every motor vehicle, except a motorcycle, motorcycle three- wheel vehicle, or motor-driven cycle, which is designed, used, and maintained for the transportation of ten or fewer persons and trucks having an empty weight of seven nine thousand pounds or less and a gross weight of nine eleven thousand pounds or less, except a motorcycle, motorcycle three-wheel vehicle, or motor-driven cycle. The department shall classify a three-wheel vehicle by the manufacturers statement of origin for the vehicles initial registration. For subsequent registration, the department shall classify the three-wheel vehicle by its title document. This section does not relieve or negate any applicable fees required under Section 56-3-660."
SECTION   2.   Section 56-3-8000 of the 1976 Code, as last amended by Act 194 of 2002, is further amended to read:

"Section 56-3-8000.   (A)   The Department of Motor Vehicles may issue special motor vehicle license plates to owners of private passenger-carrying passenger motor vehicles or light pickups having an empty weight of seven thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which may have imprinted on the plate the emblem, a seal, or other symbol the department considers appropriate of an organization which has obtained certification pursuant to either Section 501(C)(3), 501(C)(7), or 501(C)(8) of the Federal Internal Revenue Code and maintained this certification for a period of five years. The biennial fee for this special license plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee contained in Section 56-3-2020 to be requested by the individual or organization seeking issuance of the plate. The initial fee amount requested may be changed only every five years from the first year the plate is issued. Of the additional fee collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of producing and administering special license plates. Any of the remaining fee not placed in the restricted account must be distributed to an organization designated by the individual or organization seeking issuance of the license plate.
The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued.

(B)   Before the department produces and distributes a plate authorized under pursuant to this section, it must receive:

(1)   four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit.; and

(2)   a plan to market the sale of the special license plate which must be approved by the department. If the individual or organization seeking issuance of the plate submits four thousand dollars, the Comptroller General shall place that money into a restricted account to be used by the department to defray the initial cost of producing the special license plate.

(C)   If the department receives less than three hundred biennial applications and renewals for a particular plate authorized under this section, it shall not produce additional plates in that series. The department shall continue to issue plates of that series until the existing inventory is exhausted.

(D)   Only certified members of organizations, as set forth by the organization, may be issued a special license plate pursuant to this section. Each certified member may only apply for one special license plate for each vehicle registered in his name.

(E)   License plates issued pursuant to this section shall not contain a reference to a private or public college or university in this State or use symbols, designs, or logos of these institutions without the institution's written authorization.

(F)   Notwithstanding any other provision of law, all funds collected pursuant to this section must be deposited into an account in the Office of the Treasurer and called the "Special License Plate Fund". Monies credited to the fund may only be expended to defray the costs of this section.

(G E)   Before a design is approved, the organization must submit to the department written authorization for the use of any copyrighted or registered logo, trademark, or design.

(H F)   The department may alter, modify, or refuse to produce any special license plate that it deems offensive or fails to meet community standards. If the department alters, modifies, or refuses to produce a special license plate, the organization or individual applying for the license plate may appeal the department's decision to a special joint legislative committee. This committee shall be comprised of two members from the House Education and Public Works Committee, two members from the Senate Transportation Committee.

Appointments to the joint legislative committee shall be made by the chairmen of the House Education and Public Works Committee and the Senate Transportation Committee. The department's decision may be reversed by a majority of the joint legislative committee. If the committee reverses the department's decision, the department must issue the license plate pursuant to the committee's decision. However, the provision contained in subitem (B) of this section also must be met. The joint legislative committee may also review all license plates issued by the department and instruct the department to cease issuing or renewing a plate it deems offensive or fails to meet community standards."
SECTION   3.   Section 56-3-8100 of the 1976 Code is amended to read:

"Section 56-3-8100.   (A)   Before the Department of Motor Vehicles produces and distributes a special license plate created by the General Assembly after January 1, 2000 2006, it must receive:

(1)   four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and;

(2)   a plan to market the sale of the special license plate which must be approved by the department.; and

(3)   the emblem, seal, or other symbol to be used for the plate and, if necessary, written authorization for the department to use a logo, trademark, or design that is copyrighted or registered. If the individual or organization seeking issuance of the plate submits four thousand dollars, the Comptroller General shall place that money into a restricted account to be used by the department to defray the initial cost of producing the special license plate.

(B)   The fee for all special license plates created by the General Assembly after January 1, 2006, is the regular biennial registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee to be requested by the individual or organization seeking issuance of the plate. The initial fee amount requested can only be changed every five years from the first year the plate is issued. Each special license plate must be of the same size and general design of regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued.

(C)   Of the additional fee collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of producing and administering special license plates. Any of the remaining fee not placed in the restricted account must be distributed to an organization designated by the individual or organization seeking issuance of the license plate.

(B D)   If the department receives less than three hundred biennial applications and renewals for a particular special license plate, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted.

(C E)   If the department receives less than three hundred biennial applications and renewals for plates created pursuant to Article 12, Chapter 3, Title 56; Article 14, Chapter 3, Title 56; Article 31, Chapter 3, Title 56; Article 39, Chapter 3, Title 56; Article 40, Chapter 3, Title 56; Article 43, Chapter 3, Title 56; Article 45, Chapter 3, Title 56; Article 49, Chapter 3, Title 56; Article 50, Chapter 3, Title 56; Article 60, Chapter 3, Title 56; Article 70, Chapter 3, Title 56; Article 72, Chapter 3, Title 56; and Article 76, Chapter 3, Title 56, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted.

(D)   Notwithstanding any other provision of law, of the fees collected for the special license plate, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles in producing and administering the special plate."
SECTION   4.   Section 56-3-8200(A) of the 1976 Code is amended to read:

"(A)   The Department of Motor Vehicles may issue motor vehicle license plates to members of Rotary International for private passenger motor vehicles registered in their names. The fee for this special license plate must be the regular motor vehicle license fee contained in Article 5, Chapter 3 of this title, the special fee required by Section 56-3-2020, and an additional special fee of forty fifty dollars which must be distributed to the Rotary District in which the purchaser's home club is located in this State. The department must report to the South Carolina Rotary District designee the district chosen by the license plate issue to which this fee must be distributed. The fee must be deposited in an account designated by each South Carolina Rotary District, and must be distributed properly by each district. Notwithstanding any other provision of law, of the fees collected for the special license plate, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles in producing and administering the special plate. The license plates issued pursuant to this section must conform to a design agreed to by the department and the chief executive officer of the organization."
SECTION   5.   Section 56-3-8300(A) of the 1976 Code is amended to read:

"(A)   The Department of Motor Vehicles may issue special motor vehicle license plates to members of the Marine Corps League for private passenger motor vehicles registered in their names. The fee for this special plate must be the regular motor vehicle license fee contained in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the department. The fee for this license plate is the fee set forth for special license plates in Section 56-3-8100. Any portion of the additional thirty-dollar fee not set aside by the Comptroller General to defray the costs of production and distribution must be distributed to the South Carolina Department of the Marine Corps League. The license plates issued pursuant to this section must conform to a design agreed to by the department and the chief executive officer of the organization."
SECTION   6.   Section 56-3-5400(A) of the 1976 Code as added by Act 54 of 2005, is amended to read:

"(A)   The department may issue Fraternal Order of Police special license plates to owners of private passenger-carrying motor vehicles registered in their names who are active members in good standing with the Fraternal Order of Police. Identification of current membership must be presented at the time of initial application. The fee for each special license plate is thirty dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5, Chapter 3 of this title. Each special license plate must be of the same size and general design of regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued. A person issued a special license plate pursuant to this section who is not or who ceases to be a member of the Fraternal Order of Police must remove the license plate from his vehicle on the date the license plate registration is due for renewal and obtain another valid license plate. A person who knowingly fails to surrender his license plate pursuant to this section is guilty of a misdemeanor and, upon conviction, may be fined one hundred dollars or sentenced to thirty days in jail, or both."
SECTION   7.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-6500.   The Department of Motor Vehicles may issue 'United States Naval Academy' special license plates to owners of private passenger motor vehicles registered in their names. The applicant must be a graduate of the United States Naval Academy. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of thirty dollars. Any portion of the additional thirty-dollar fee not set aside by the Comptroller General to defray the costs of production and distribution must be distributed to the United States Naval Academy Alumni Association."
SECTION   8.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-7050.   The Department of Motor Vehicles may issue 'United States Air Force Academy' special license plates to owners of private passenger motor vehicles registered in their names. The applicant must be a graduate of the United States Air Force Academy. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of thirty dollars. Any portion of the additional thirty-dollar fee not set aside by the Comptroller General to defray the costs of production and distribution must be distributed to the United States Air Force Academy Alumni Association."
SECTION   9.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-7310.   The Department of Motor Vehicles may issue 'Support Our Troops' special license plates to owners of private passenger motor vehicles registered in their names. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of thirty dollars. Any portion of the additional thirty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to Support Our Troops, Inc."
SECTION   10.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-7320.   The Department of Motor Vehicles may issue 'Emergency Medical Service' special license plates to owners of private passenger motor vehicles registered in their names. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of thirty dollars. Any portion of the additional thirty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the South Carolina Emergency Medical Services Association."
SECTION   11.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-7330.   The Department of Motor Vehicles may issue 'Boy Scouts of America' special license plates to owners of private passenger motor vehicles registered in their names. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of thirty dollars. Any portion of the additional thirty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the South Carolina Indian Waters Council, Boy Scouts of America, to then be distributed to the other five Boy Scout councils serving counties in South Carolina."
SECTION   12.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-7340.   (A)   The Department of Motor Vehicles may issue 'Native American' special license plates to owners of private passenger motor vehicles registered in their names. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of thirty dollars. Any portion of the additional thirty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the Native American Prison Program of South Carolina."
SECTION   13.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-7350.   The Department of Motor Vehicles may issue 'South Carolina Peach Council' special license plates to owners of private passenger motor vehicles registered in their names. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of seventy dollars. Any portion of the additional seventy-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the South Carolina Peach Council."
SECTION   14.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-7360.   The Department of Motor Vehicles may issue 'Korean War Veterans' special license plates to owners of private passenger motor vehicles registered in their names who are Korean War Veterans who served on active duty in Korea at anytime during the Korean War. The applicant must present the department with a DD214, or other official documentation that states that he served on active duty in Korea upon initial application for this special license plate. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of twenty dollars. Any portion of the additional twenty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the state general fund."
SECTION   15.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-7370.   The Department of Motor Vehicles may issue 'Cancer Research Centers of the Carolinas' special license plates to owners of private passenger motor vehicles registered in their names. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of fifteen dollars. Any portion of the additional fifteen-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the Mary Crawley Medical Cancer Research Foundation to provide funding for the Cancer Research Centers of the Carolinas."
SECTION   16.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-7800.   The Department of Motor Vehicles may issue 'South Carolina Aquarium' special license plates to owners of private passenger motor vehicles registered in their names. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of fifty dollars. Any portion of the additional fifty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the South Carolina Aquarium."
SECTION   17.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION   18.   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 act, 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.
SECTION   19.   This act takes effect upon approval by the Governor./

Amend title to conform.

Michael L. Fair                   James M. Neal
C. Bradley Hutto                  Lewis Eugene Pinson
Lawrence Kelly Grooms             Vida Osteen Miller
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.

The following was received:

Columbia, S.C., June 14, 2006
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. 406, H. 3803 by a vote of 35 to 4:

(R406, H3803 (Word version)) -- Reps. Edge and Wilkins: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, CHAPTER 53, TITLE 44 SO AS TO ENACT "THE SOUTH CAROLINA PRESCRIPTION MONITORING ACT" AUTHORIZING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BUREAU OF DRUG CONTROL TO ESTABLISH A PROGRAM TO MONITOR THE PRESCRIBING AND DISPENSING OF SCHEDULE II-IV CONTROLLED SUBSTANCES BY PROFESSIONALS LICENSED TO PRESCRIBE AND DISPENSE THESE DRUGS, TO PROVIDE THE MANNER AND PROCEDURES UNDER WHICH THESE PROFESSIONALS ARE TO PROVIDE SUCH INFORMATION TO THE DEPARTMENT, TO PROVIDE FOR THE USE, CONFIDENTIALITY, AND AUTHORIZED DISCLOSURE OF THIS INFORMATION, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS RELATED TO REPORTING REQUIREMENTS AND FOR IMPROPER DISCLOSURE OF SUCH INFORMATION; AND TO AMEND SECTION 44-53-360, AS AMENDED, RELATING TO REQUIREMENTS FOR DISPENSING CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT PRESCRIPTIONS FOR CONTROLLED SUBSTANCES IN SCHEDULES II-IV, RATHER THAN SCHEDULES II-V, MUST NOT EXCEED A THIRTY-ONE DAY SUPPLY, TO PROVIDE THAT PRESCRIPTIONS FOR SCHEDULE V CONTROLLED SUBSTANCES MUST NOT EXCEED A NINETY DAY SUPPLY, AND TO PROVIDE THAT A PHARMACIST OR PRACTITIONER DOES NOT HAVE A DUTY TO OBTAIN INFORMATION FROM THE PRESCRIPTION MONITORING PROGRAM AND ARE NOT LIABLE FOR OBTAINING OR NOT OBTAINING SUCH INFORMATION.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., June 14, 2006
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. 376, H. 4491 by a vote of 44 to 1:

(R376, H4491 (Word version)) -- Rep. Herbkersman: AN ACT TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO REVISE THE DEFINITION OF "QUALIFYING SERVICE-RELATED FACILITY" WITH RESPECT TO COMPENSATION REQUIREMENTS.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., June 14, 2006
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 404, H. 3726 by a vote of 19 to 22:

(R404, H3726 (Word version)) -- Reps. Ott, Clark, J.E. Smith, McGee, Witherspoon, Branham, Cobb-Hunter, Duncan, Hayes, Lucas, M.A. Pitts, Taylor and R. Brown: AN ACT TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT "CHANDLER'S LAW" BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR CERTAIN REGULATION OF THE OPERATION OF ALL-TERRAIN VEHICLES BY THE DEPARTMENT OF NATURAL RESOURCES, INCLUDING THE REQUIREMENT THAT A PERSON AT LEAST NINE AND NOT OVER SIXTEEN YEARS OF AGE MUST COMPLETE A SAFETY COURSE BEFORE HE MAY OPERATE AN ALL-TERRAIN VEHICLE, TO PROVIDE THAT ALL-TERRAIN VEHICLES ARE EXEMPT FROM AD VALOREM TAXES, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10 SO AS TO PROVIDE A PROCEDURE FOR THE TITLING OF ALL-TERRAIN VEHICLES.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., June 14, 2006
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 377, H. 4622 by a vote of 24 to 17:

(R377, H4622 (Word version)) -- Reps. Walker, Cato, Harrell, Bingham, Leach, Loftis, Tripp, Cooper, White, Townsend, Bales, Battle and Dantzler: AN ACT TO AMEND SECTION 38-77-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORM TO BE USED WHEN OPTIONAL AUTOMOBILE INSURANCE COVERAGES ARE OFFERED TO AN INSURED, SO AS TO PROVIDE THAT THE FORM MUST NOT NECESSARILY BE COMPLETED BY THE INSURED, BUT MUST BE SIGNED BY THE INSURED TO BE USED AS EVIDENCE OF INFORMED SELECTION; TO AMEND SECTION 38-55-75, RELATING TO CONFIDENTIALITY OF INFORMATION RECEIVED BY THE DEPARTMENT OF INSURANCE, SO AS TO REFER TO INFORMATION RECEIVED FROM STATE, FEDERAL, AND FOREIGN REGULATORY OFFICIALS; AND TO AMEND SECTION 38-77-140, RELATING TO GENERAL REQUIREMENTS OF POLICIES COVERING BODILY INJURY AND PROPERTY DAMAGE, SO AS TO INCREASE THE MINIMUM REQUIREMENTS FOR POLICIES ISSUED OR RENEWED AFTER JANUARY 1, 2007.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., June 14, 2006
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. 350, S. 103 by a vote of 44 to 0:

(R350, S103 (Word version)) -- Senators Hayes and Elliott: AN ACT TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO ENACT THE "SOUTH CAROLINA DIETETICS LICENSURE ACT" SO AS TO ESTABLISH THE SOUTH CAROLINA PANEL FOR DIETETICS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO PROVIDE FOR THE LICENSURE AND REGULATION OF PERSONS ENGAGING IN THE PRACTICE OF DIETETICS, INCLUDING ESTABLISHING CRITERIA FOR LICENSURE AND LICENSE RENEWAL; TO ESTABLISH THE SCOPE OF PRACTICE FOR DIETITIANS; AND TO PROVIDE GROUNDS FOR MISCONDUCT AND PENALTIES FOR MISCONDUCT, INCLUDING CRIMINAL PENALTIES.

Very respectfully,
President
Received as information.

The SPEAKER ordered the following veto printed in the Journal:

June 6, 2006
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 vetoing and returning without my approval S. 103, R. 350.

S. 103 (Word version) would establish a state process for licensing dieticians and make it unlawful for a person to call themselves a dietician unless licensed. Licensure is predicated on either a bachelor's or a master's degree in a nutrition-related field and successfully completing a qualifying exam. The Bill would also make it illegal for a person not licensed as a dietician to hold himself or herself out as a dietician, licensed dietician, or use the letters "LD" behind their name.

There are many fine dieticians in South Carolina who do a great job of providing important information and counseling for people in our State and they are to be commended. This Administration shares their interest in helping people in South Carolina live healthier lives, as evidenced by our Family Fitness challenge and our Healthy South Carolina initiative.

Our Administration uses a two-part test in considering issues like this licensing Bill. First, we believe there must be a compelling need for the government, rather than the private sector, to actually regulate the profession. That means that only through government intervention can consumers be protected. In many other areas, like college or high school accreditation, private organizations adequately separate the qualified from the unqualified.

Secondly, if there is indeed a compelling need for government to formally license members of a profession, we believe the standard used to determine who is qualified must be focused on outcome rather than process. Different people learn best in different ways: some learn best through schooling, others by apprenticeship or self-education. We believe licensing should focus on competency - not on how the applicant gained that competence.

A good example of this approach is with the securities profession. The government has determined that because incompetence on the part of securities brokers could cause clients to lose all wealth held in securities or liquid assets there ought to be a bar set for qualification. That bar involves passing a Series 7 or Series 63 exam to show qualification; it does not mandate any particular educational track.

Unfortunately, S. 103 is much more prescriptive, and I am, therefore, returning S. 103 to you without my signature.

Sincerely,
Mark Sanford
Governor
Received as information.

The Veto on the following Act was taken up:

(R350) S. 103 (Word version) -- Senators Hayes and Elliott: AN ACT TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO ENACT THE "SOUTH CAROLINA DIETETICS LICENSURE ACT" SO AS TO ESTABLISH THE SOUTH CAROLINA PANEL FOR DIETETICS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO PROVIDE FOR THE LICENSURE AND REGULATION OF PERSONS ENGAGING IN THE PRACTICE OF DIETETICS, INCLUDING ESTABLISHING CRITERIA FOR LICENSURE AND LICENSE RENEWAL; TO ESTABLISH THE SCOPE OF PRACTICE FOR DIETITIANS; AND TO PROVIDE GROUNDS FOR MISCONDUCT AND PENALTIES FOR MISCONDUCT, INCLUDING CRIMINAL PENALTIES.

Rep. PARKS explained the Veto.

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                  Allen                  Bailey
Bales                  Ballentine             Bannister
Battle                 Bingham                Bowers
Brady                  Branham                Breeland
G. Brown               J. Brown               R. Brown
Chalk                  Chellis                Clark
Clemmons               Clyburn                Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Edge
Emory                  Funderburk             Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hayes
Herbkersman            Hinson                 Hiott
Hodges                 Hosey                  Howard
Huggins                Jefferson              Jennings
Kennedy                Kirsh                  Leach
Lucas                  Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Norman                 Ott                    Owens
Parks                  Pinson                 E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Rivers                 Rutherford             Sandifer
Simrill                Sinclair               Skelton
G. R. Smith            Taylor                 Toole
Umphlett               Walker                 Weeks
Whipper                White                  Whitmire
Witherspoon            Young

Those who voted in the negative are:

Loftis                 Scarborough            D. C. Smith
G. M. Smith            J. R. Smith            Stewart
Vaughn                 Viers

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

The following was received:

Columbia, S.C., June 14, 2006
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. 304, S. 1175 by a vote of 45 to 0:

(R304, S1175 (Word version)) -- Senator Leatherman: AN ACT TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE TARGETED JOBS TAX CREDIT, SO AS TO REVISE THE DEFINITION OF "DISTRIBUTION FACILITY", TO PROVIDE THAT IN A COUNTY OF AT LEAST ONE THOUSAND SQUARE MILES IN SIZE AND WHICH HAS HAD AN UNEMPLOYMENT RATE GREATER THAN THE STATE AVERAGE AND AN AVERAGE PER CAPITA LOWER THAN THE STATE AVERAGE PER CAPITA INCOME FOR THE PAST TEN YEARS AND WHICH IS OTHERWISE NOT ELIGIBLE FOR ANY SPECIAL CLASSIFICATION, THE TARGETED JOBS TAX CREDIT ALLOWED IN THE COUNTY IS TWO TIERS HIGHER THAN THE CREDIT FOR WHICH THE COUNTY WOULD OTHERWISE QUALIFY; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO CONFORM THE DEFINITION OF DISTRIBUTION FACILITY TO THE REVISED DEFINITION PROVIDED BY THE AMENDMENT TO THE TARGETED JOBS TAX CREDIT IN THIS ACT; BY ADDING SECTION 12-6-3367 SO AS TO ALLOW A SMALL BUSINESS AN ALTERNATE METHOD FOR CLAIMING THE TARGETED JOBS TAX CREDIT; AND TO AMEND ACT 157 OF 2005, RELATING TO MISCELLANEOUS REVENUE AND FINANCING MEASURES, SO AS TO MAKE PERMANENT THE PROVISION OF THE TARGETED JOBS TAX CREDIT FOR SMALL BUSINESSES.

Very respectfully,
President
Received as information.

The SPEAKER ordered the following veto printed in the Journal:

May 24, 2006
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 vetoing and returning without my approval S. 1175, R. 304.

S. 1175 (Word version) would make several changes to the economic soil conditions of South Carolina that would help our State's economy grow at no cost to the taxpayer. This underlying legislation makes policy changes that are good for South Carolina and would have my support had it not contained one particular section that creates an unfair business environment in our State. I clearly lay out my reasons for being against this part of the Bill in my veto message of H. 4951 - a standalone Bill creating this problem. But to be clear, I want to lay out the same message in this letter as well.

Language in S. 1175 would allow a county that is at least one thousand square miles in size and has had an unemployment rate greater than the state average and an average per capita income lower than the state average for the past ten years to receive a job tax credit two tiers higher than that level currently imposed. This language carves out Orangeburg County as the only county that would fit into this category. In other words, instead of receiving the $3,500 credit per job that an "under developed county" qualifies for under current law, this Bill would grant Orangeburg County the tax credit of $8,000 per job that a "distressed county" would receive without meeting the necessary criteria. This would create a special exemption currently not available to other counties. Calhoun and Colleton are just two examples of counties that would be hurt if this legislation were to pass and would have a clear disadvantage in attracting new businesses by not having the same recruiting tools as Orangeburg County.

To be clear, improving the economic soil conditions of our State so that we may better compete in the ever-changing global marketplace is always a priority of this administration. Whether it is last year's small business income tax cut or passing significant tort reform, I believe these changes and others move us one step closer in being truly competitive in creating jobs, attracting capital investment, growing and expanding small businesses, raising income levels and - most importantly - bettering the standard of living for all of our citizens. However, language in S. 1175 does not fit into this category.

This legislation clearly breaks from the traditional model we have used for economic development - which is implementing policy changes that will benefit all South Carolina citizens while allowing the entire State, not just one county's, economy to grow.

In 2003, I laid out guidelines in my transmittal letter of S. 516 that creating legislation to carve out special tax credits for one company is bad policy. This legislation allowed Georgetown Steel to count each employee of a bankrupt company that it was purchasing as qualifying criteria for job tax credits - making Georgetown Steel the only company to meet this condition. I clearly noted in this message the creation of special exemptions for one company is not good for our State and we should instead look at economic incentives that promote statewide economic success. Along the same lines, S. 1175 gives Orangeburg County a special exemption to qualify for a higher credit than a county of equal economic status - meaning it is being treated differently than the other "under developed counties." As a result, we will be setting a chilling precedent that we at the state level favor one particular county over another when it comes to economic growth.

This administration will continue to support legislation that will effectively, fairly, and uniformly promote economic prosperity for the entire business community of our State. We look forward to working with you and other members of the General Assembly on this front. However, I do not believe we should start down the path of piecemeal legislation that currently benefits only one county.

For these reasons, I am returning S. 1175 to you without my signature.

Sincerely,
Mark Sanford
Governor
Received as information.

The Veto on the following Act was taken up:

(R304) S. 1175 (Word version) -- Senator Leatherman: AN ACT TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE TARGETED JOBS TAX CREDIT, SO AS TO REVISE THE DEFINITION OF "DISTRIBUTION FACILITY", TO PROVIDE THAT IN A COUNTY OF AT LEAST ONE THOUSAND SQUARE MILES IN SIZE AND WHICH HAS HAD AN UNEMPLOYMENT RATE GREATER THAN THE STATE AVERAGE AND AN AVERAGE PER CAPITA LOWER THAN THE STATE AVERAGE PER CAPITA INCOME FOR THE PAST TEN YEARS AND WHICH IS OTHERWISE NOT ELIGIBLE FOR ANY SPECIAL CLASSIFICATION, THE TARGETED JOBS TAX CREDIT ALLOWED IN THE COUNTY IS TWO TIERS HIGHER THAN THE CREDIT FOR WHICH THE COUNTY WOULD OTHERWISE QUALIFY; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO CONFORM THE DEFINITION OF DISTRIBUTION FACILITY TO THE REVISED DEFINITION PROVIDED BY THE AMENDMENT TO THE TARGETED JOBS TAX CREDIT IN THIS ACT; BY ADDING SECTION 12-6-3367 SO AS TO ALLOW A SMALL BUSINESS AN ALTERNATE METHOD FOR CLAIMING THE TARGETED JOBS TAX CREDIT; AND TO AMEND ACT 157 OF 2005, RELATING TO MISCELLANEOUS REVENUE AND FINANCING MEASURES, SO AS TO MAKE PERMANENT THE PROVISION OF THE TARGETED JOBS TAX CREDIT FOR SMALL BUSINESSES.
Rep. LUCAS explained the Veto.

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                  Allen                  Anderson
Bales                  Ballentine             Bannister
Barfield               Battle                 Bingham
Bowers                 Brady                  Branham
Breeland               G. Brown               J. Brown
R. Brown               Cato                   Chellis
Clark                  Clemmons               Clyburn
Cobb-Hunter            Coleman                Cooper
Cotty                  Dantzler               Davenport
Delleney               Edge                   Emory
Funderburk             Haley                  Hamilton
Hardwick               Harrell                Haskins
Hayes                  Herbkersman            Hinson
Hiott                  Hodges                 Hosey
Jefferson              Jennings               Kennedy
Kirsh                  Leach                  Limehouse
Littlejohn             Lucas                  Mack
Mahaffey               Martin                 McCraw
McGee                  McLeod                 Merrill
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parks                  Perry
Pinson                 E. H. Pitts            Rhoad
Rice                   Rivers                 Rutherford
Sandifer               Scott                  Sinclair
Skelton                D. C. Smith            G. M. Smith
J. R. Smith            Taylor                 Thompson
Toole                  Townsend               Umphlett
Vaughn                 Viers                  Weeks
Whipper                White                  Whitmire
Witherspoon            Young

Those who voted in the negative are:

Duncan                 Hagood                 Huggins
Loftis                 Norman                 Scarborough
Simrill                Stewart

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

I voted to sustain the Governor's veto on S. 1175, not understanding how this Bill helped small businesses. I have reconsidered and would have voted to override S. 1175.

Rep. Chip Huggins

The following was received:

Columbia, S.C., June 14, 2006
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. 389, S. 1245 by a vote of 31 to 6:

(R389, S1245 (Word version)) -- Senators Thomas, Fair, Cromer, Ritchie, Anderson, Verdin, Setzler, Ryberg and Knotts: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-126 SO AS TO PROVIDE FOR THE RETURN BY A BUSINESS OF A LICENSE ISSUED BY THE DEPARTMENT OF REVENUE AND PAYMENT OF TAXES DUE UPON THE CLOSING OR TRANSFER OF THE BUSINESS; BY ADDING SECTION 12-54-196 SO AS TO PROVIDE FOR A PENALTY FOR A RETAILER COLLECTING AN EXCESSIVE STATE OR LOCAL SALES TAX AND TO PROVIDE FOR MITIGATION OF THE PENALTY; BY REDESIGNATING SECTION 12-4-780, RELATING TO ACCEPTANCE BY THE DEPARTMENT OF REVENUE OF PAYMENT OF TAXES BY CREDIT CARD AS SECTION 12-4-395, SO AS TO CORRECTLY REFLECT IT AS A GENERAL POWER OF THE DEPARTMENT; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO APPLICATION OF THE FEDERAL INTERNAL REVENUE CODE TO THIS STATE'S TAX LAWS, SO AS TO REFER TO THE IRC AS AMENDED THROUGH DECEMBER 31, 2005; TO AMEND SECTION 12-6-545, AS AMENDED, RELATING TO INCOME TAX RATES FOR ACTIVE TRADE OR BUSINESS INCOME OF A PASS-THROUGH BUSINESS, SO AS TO PROVIDE FOR ROYALTIES TREATED AS PERSONAL HOLDING COMPANY INCOME AND AMOUNTS PAID AS GUARANTEED PAYMENTS REASONABLY RELATED TO PERSONAL SERVICES, TO DESCRIBE INCOME REASONABLY RELATED TO PERSONAL SERVICES, AND TO PROVIDE FOR ELECTIONS AS TO TREATMENT OF INCOME FOR PERSONAL SERVICES; TO AMEND SECTION 12-6-3350, RELATING TO TAX CREDIT FOR A STATE CONTRACTOR USING MINORITY SUBCONTRACTORS, SO AS TO CONFORM THE TERM "MINORITY FIRM" TO LANGUAGE USED ELSEWHERE IN THE SOUTH CAROLINA CODE OF LAWS AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO DELETE THE REQUIREMENT THAT THE TAXPAYER HAVE ONE HUNDRED OR MORE EMPLOYEES, AND TO REVISE THE DEFINITION OF "DISTRIBUTION FACILITY"; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO CONFORM THE DEFINITION OF DISTRIBUTION FACILITY TO THE REVISED DEFINITION PROVIDED BY THE AMENDMENT TO THE TARGETED JOBS TAX CREDIT IN THIS ACT; TO AMEND SECTION 12-6-3375, RELATING TO CREDITS AGAINST THE STATE INCOME TAX FOR AN INCREASE IN PORT CARGO VOLUME, SO AS TO PROVIDE FOR DETERMINATION OF THE BASE PORT CARGO VOLUME, THAT THE TAXPAYER APPLY TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO QUALIFY, THAT THE COUNCIL DETERMINE THE AMOUNT OF THE CREDIT UP TO A MAXIMUM OF EIGHT MILLION DOLLARS FOR ALL TAXPAYERS FOR EACH CALENDAR YEAR, THAT THE ENTIRE MAXIMUM AMOUNT BE PRORATED AMONG QUALIFYING TAXPAYERS IN A CALENDAR YEAR, AND FOR CARRYOVER OF EXCESS CREDIT FOR THE NEXT FIVE YEARS; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO PERMITTED DISCLOSURES OF INFORMATION BY THE DEPARTMENT OF REVENUE, SO AS TO ALLOW THE EXCHANGE OF INFORMATION BETWEEN THE DEPARTMENT AND THE DEPARTMENT OF COMMERCE IN CONNECTION WITH THE CREDIT FOR INCREASED PORT CARGO VOLUME; TO AMEND SECTION 12-6-3385, RELATING TO A REFUNDABLE INCOME TAX CREDIT FOR A TUITION PAYMENT, SO AS TO SUSPEND THE FOUR-YEAR CREDIT PERIOD IF A STUDENT IS DEPLOYED BY THE MILITARY ON ACTIVE DUTY DURING THE PERIOD AND RE-ENROLLS UPON DEMOBILIZATION; TO AMEND SECTION 12-6-3535, AS AMENDED, RELATING TO THE STATE INCOME TAX CREDIT ALLOWED A TAXPAYER MAKING QUALIFIED REHABILITATION EXPENDITURES FOR A CERTIFIED HISTORIC STRUCTURE IN THIS STATE, SO AS TO ADD TECHNICAL REFERENCES AND TO DEFINE "PARTNER" FOR PURPOSES OF THE APPLICATION OF THE CREDIT TO PASS-THROUGH ENTITIES; TO AMEND SECTION 12-6-5030, AS AMENDED, RELATING TO THE FILING OF A COMPOSITE CORPORATE INCOME TAX RETURN, SO AS TO FURTHER PROVIDE FOR THE COMPUTATION OF A NONRESIDENT PARTICIPANT'S PRO RATA SHARE OF SOUTH CAROLINA INCOME TAX; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO JOB DEVELOPMENT TAX CREDITS, SO AS TO DELETE UNNECESSARY REFERENCES AND TO CORRECT A REFERENCE; TO AMEND SECTIONS 12-23-810, 12-23-830, AND 12-23-840, RELATING TO TAX ON LICENSED HOSPITALS FOR INDIGENT HEALTH CARE, SO AS TO PROVIDE FOR AN INITIAL TAX AND FOR TAXES FOR SECOND AND SUCCESSIVE FISCAL YEARS, TO PROVIDE FOR CALCULATION OF THE TAX, AND TO PROVIDE THAT THE MONIES BE USED FOR HEALTH CARE COVERAGE FOR CERTAIN POPULATIONS IN THIS STATE; TO AMEND SECTION 12-28-110, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE USER FEE FOR MOTOR FUELS, SO AS TO FURTHER DEFINE "DIESEL FUEL" TO INCLUDE BIODIESEL FUEL AND "MOTOR FUEL" TO INCLUDE SUBSTITUTE FUEL, TO DEFINE "SUBSTITUTE FUEL", "BIODIESEL", AND "BIODIESEL BLEND", AND TO MAKE CERTAIN CLARIFICATIONS; TO AMEND SECTION 12-28-310, AS AMENDED, RELATING TO THE IMPOSITION OF THE USER FEE, SO AS TO INCLUDE BLENDED, SUBSTITUTED, AND ALTERNATIVE FUELS; TO AMEND SECTION 12-28-330, AS AMENDED, RELATING TO PRESUMPTION OF USE OF FUEL IN THIS STATE, SO AS TO INCLUDE BLENDED, SUBSTITUTE, AND ALTERNATIVE FUELS; TO AMEND SECTION 12-28-790, AS AMENDED, RELATING TO REFUNDS OF THE USER FEE, SO AS TO DELETE THE CREDIT ALLOWANCE TO A SUPPLIER; TO AMEND SECTION 12-28-970, AS AMENDED, RELATING TO THE IMPOSITION OF A BACKUP USER FEE ON MOTOR FUEL USED BY AN END USER, SO AS TO INCLUDE THE USE OF A SUBSTITUTE FUEL AND TO ADD A TAX ON A LIQUID OR GAS THAT IS NOT OTHERWISE SUBJECT TO THE MOTOR FUEL USER FEE, BY PROVIDING FOR A BACKUP TAX EQUAL TO THE USER FEE PAYABLE BY THE FIRST PERSON WHO RECEIVES THE PRODUCT INTO THIS STATE AND PAYABLE BY THE PRODUCER UPON THE FIRST SALE OR FIRST USE IN THIS STATE; TO AMEND SECTION 12-28-975, AS AMENDED, RELATING TO THE DIVERSION OF MOTOR FUEL FROM AN OUT-OF-STATE DESTINATION, SO AS TO REQUIRE NOTIFICATION AND PAYMENT OF THE USER FEE; TO AMEND SECTION 12-28-990, AS AMENDED, RELATING TO THE LIABILITY OF A BLENDER OF FUELS, SO AS TO PROVIDE FOR A USER FEE AGAINST BLENDED FUELS, PAYABLE BY THE BLENDER OR MANUFACTURER; TO AMEND SECTION 12-28-1120, AS AMENDED, RELATING TO A TRANSPORTER OF MOTOR FUEL SUBJECT TO THE USER FEE, SO AS TO REQUIRE A TRANSPORTER'S LICENSE; TO AMEND SECTION 12-28-1370, AS AMENDED, RELATING TO A LICENSED TRANSPORTER, SO AS TO CLARIFY THE REPORTABLE TRANSPORTS; TO AMEND SECTION 12-33-245, AS AMENDED, RELATING TO THE IMPOSITION OF AN EXCISE TAX ON THE PROCEEDS OF THE SALE OF ALCOHOLIC LIQUOR BY THE DRINK, SO AS TO PROVIDE FOR SALES MADE AT A LOCATION HOLDING A TEMPORARY LICENSE OR PERMIT, AND TO FURTHER DEFINE THE TERM "GROSS PROCEEDS OF SALE" TO INCLUDE THE VALUE OF COMPLIMENTARY ALCOHOLIC LIQUOR, ICE, AND MIXERS; BY ADDING SECTION 61-6-720 SO AS TO PROVIDE FOR A SPECIAL BAKERY FOOD MANUFACTURER'S LICENSE FOR BAKERIES USING ALCOHOLIC BEVERAGES IN FOOD PREPARATION; TO AMEND SECTION 12-36-90, AS AMENDED, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALE" FOR PURPOSES OF THE STATE SALES AND USE TAX, SO AS TO PROVIDE THAT THE TERM DOES NOT INCLUDE THE PROCEEDS OF THE SALE OF PERSONAL PROPERTY PURCHASED PURSUANT TO A WARRANTY, MAINTENANCE, OR SIMILAR SERVICE CONTRACT UNDER CERTAIN CONDITIONS; TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO APPLICATION OF THE FIVE PERCENT SOUTH CAROLINA SALES TAX, SO AS TO PROVIDE THAT THE TAX APPLIES TO THE GROSS PROCEEDS OF THE SALE OF A WARRANTY, MAINTENANCE, OR OTHER SERVICE CONTRACTS FOR TANGIBLE PERSONAL PROPERTY; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO CLARIFY THE TYPE OF MATERIAL HANDLING SYSTEMS AND EQUIPMENT INCLUDED IN THE EXEMPTIONS, AND TO EXEMPT THE GROSS PROCEEDS FROM A SALE OF A WARRANTY, MAINTENANCE, OR OTHER SERVICE CONTRACT FOR TANGIBLE PERSONAL PROPERTY IF THE GROSS PROCEEDS FROM THE SALE OF THE SUBJECT TANGIBLE PERSONAL PROPERTY IS EXEMPT; TO AMEND SECTION 12-37-2740, RELATING TO SUSPENSION OF A DRIVER'S LICENSE AND VEHICLE REGISTRATION FOR FAILURE TO PAY PERSONAL PROPERTY TAX, SO AS TO CHANGE REFERENCES FROM THE "DEPARTMENT" TO THE "DEPARTMENT OF MOTOR VEHICLES", AND TO PROVIDE FOR A MAXIMUM PENALTY FOR A THIRD AND SUBSEQUENT OFFENSE TO A FIVE HUNDRED-DOLLAR FINE OR THIRTY DAYS IN PRISON, OR BOTH; TO AMEND SECTION 12-37-2890, RELATING TO SUSPENSION OF THE DRIVER'S LICENSE AND VEHICLE REGISTRATION OF A PERSON WHO FAILS TO PAY THE MOTOR CARRIER PROPERTY TAX ON A VEHICLE, SO AS TO PROVIDE THAT THE SUSPENSION BE MADE BY THE DEPARTMENT OF MOTOR VEHICLES AFTER ELECTRONIC NOTICE AND FOR SPECIFIC PENALTIES FOR FIRST AND SUBSEQUENT OFFENSES; TO AMEND SECTION 12-43-335, AS AMENDED, RELATING TO THE CLASSIFICATION OF ASSESSED PROPERTY FOR PURPOSES OF EQUALIZATION AND REASSESSMENT, SO AS TO CHANGE A REFERENCE TO CERTAIN SECTOR 22 CLASSIFICATIONS; TO AMEND SECTION 12-54-155, RELATING TO PENALTIES FOR SUBSTANTIAL UNDERSTATEMENT OF TAXES, SO AS TO CLARIFY THAT THE PROVISION REFERS TO AN UNDERPAYMENT OF TAXES BASED ON AN UNDERSTATEMENT OF TAX OR A MISSTATEMENT OF VALUATION, TO PROVIDE THAT CERTAIN PENALTIES DO NOT APPLY TO UNDERPAYMENTS ATTRIBUTABLE TO FRAUD, BUSINESS-RELATED PROPERTY, OR A TAX SHELTER, WHICH ARE PENALIZED ELSEWHERE, TO DEFINE "SUBSTANTIAL VALUATION MISSTATEMENT", AND TO PROVIDE FOR REASONABLENESS AND GOOD FAITH ON THE PART OF THE TAXPAYER AND IN CONNECTION WITH CHARITABLE DEDUCTION PROPERTY; TO AMEND SECTION 12-60-30, AS AMENDED, RELATING TO DEFINITIONS IN CONNECTION WITH THE REVENUE PROCEDURES ACT, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-60-470, AS AMENDED, RELATING TO REFUND CLAIMS BY A STATE TAXPAYER, SO AS TO FURTHER PROVIDE FOR THE LIMITED CIRCUMSTANCES UNDER WHICH A PERSON OTHER THAN THE TAXPAYER LEGALLY LIABLE FOR THE TAX MAY CLAIM OR RECEIVE A REFUND, INCLUDING THE REQUIREMENT THAT AN ASSIGNMENT OF THE CLAIM OR REFUND BE IN WRITING, THE REFUND CLAIM OF A FOREIGN MISSION OR DIPLOMAT, THE APPLICATION OF SECTION 12-60-490, AND THE DISCLOSURE TO ANOTHER PERSON OF THE EFFECT OF OTHER TAX LIABILITIES OF THE TAXPAYER ON THE AMOUNT OF THE REFUND; TO REPEAL SECTIONS 12-4-770, RELATING TO PROCEDURES FOR APPEALING THE PROPOSED ASSESSMENT OF PROPERTY FOR TAXATION AND 12-36-530, RELATING TO RETURN OF LICENSE UPON CLOSING OF BUSINESS; TO AMEND SECTION 12-6-5590, RELATING TO DETERMINING DONATIVE INTENT, SO AS TO DELETE THE EXCLUSION FOR CONSERVATION CONTRIBUTION IN CONNECTION WITH A GOLF COURSE; TO AMEND SECTION 12-58-160, RELATING TO THE RELEASE OF AN ERRONEOUSLY FILED LIEN, SO AS TO PROVIDE THAT NOTICE OF THE RELEASE DOES NOT BREACH THE DEPARTMENT'S NONDISCLOSURE RULES; TO AMEND SECTION 12-37-250, AS AMENDED, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO DELETE THE AGE REQUIREMENT FOR A SURVIVING SPOUSE TO BE ELIGIBLE FOR THE EXEMPTION; BY ADDING SECTION 12-37-714 SO AS TO PROVIDE FOR THE TAXATION OF BOATS WITH A SITUS IN THIS STATE; BY ADDING SECTION 12-37-717 SO AS TO PROVIDE FOR A THREE PERCENT SURCHARGE ON A RENTAL CONTRACT FOR HEAVY EQUIPMENT AND TO DEFINE "HEAVY EQUIPMENT"; TO AMEND SECTION 12-51-150, RELATING TO THE VOIDING OF A TAX SALE, SO AS TO REQUIRE THE REFUND ALSO OF THE AMOUNT OF INTEREST ACTUALLY EARNED; BY ADDING SECTION 12-6-3600 SO AS TO PROVIDE FOR A TAX CREDIT FOR A FACILITY THAT PRODUCES ETHANOL OR BIODIESEL UNDER CERTAIN TIME CONSTRAINTS; BY ADDING SECTION 12-6-3610 SO AS TO PROVIDE FOR A TAX CREDIT FOR A FACILITY PROCESSING AND DISPENSING RENEWABLE FUEL THROUGH 2011; TO AMEND SECTION 12-28-110, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF MOTOR FUEL SUBJECT TO THE USER FEE, SO AS TO REDEFINE "MOTOR FUEL" AND TO DEFINE "BIODIESEL" AND "RENEWABLE FUEL"; TO AMEND SECTION 12-28-990, AS AMENDED, RELATING TO BLENDING MATERIALS, SO AS TO PROVIDE FOR RENEWABLE FUELS; BY ADDING SECTION 12-6-3587 AND SECTION 12-6-3620 SO AS TO PROVIDE FOR A TAX CREDIT FOR A TAXPAYER WHO, RESPECTIVELY, INSTALLS A SOLAR ENERGY HEATING OR COOLING SYSTEM OR USES METHANE GAS TAKEN FROM A LANDFILL; TO AMEND SECTION 12-37-224, RELATING TO A MOTOR HOME USED AS A RESIDENCE FOR PROPERTY TAX PURPOSES, SO AS TO PROVIDE THAT A COUNTY ORDINANCE MAY PROVIDE FOR SIMILAR TREATMENT OF A BOAT USED AS A RESIDENCE; TO AMEND SECTION 12-10-88, RELATING TO REDEVELOPMENT FEES, SO AS TO PROVIDE FOR AN EXTENSION; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO GENERAL EXEMPTIONS FROM TAXES, SO AS TO PROVIDE THAT AN EXEMPT PASSENGER VEHICLE OWNED BY A MILITARY PERSON MUST BE REGISTERED IN THIS STATE TO QUALIFY FOR THE EXEMPTION; TO AMEND SECTION 12-6-545, RELATING TO INCOME TAX RATES FOR ACTIVE AND PASSIVE BUSINESSES INCOME, SO AS TO PROVIDE FOR THE APPLICATION OF THE TAX CREDIT; TO AMEND SECTION 12-6-3515, RELATING TO THE TAX CREDIT FOR A CONSERVATION CONTRIBUTION, SO AS TO PROVIDE THAT IT IS NOT ALLOWED IF THE UNDERLYING PROPERTY IS USED FOR THE PLAYING OF GOLF; TO AMEND SECTION 12-51-130, AS AMENDED, RELATING TO A TAX SALE, SO AS TO PROVIDE FOR THE COSTS TO INCLUDE THE ACTUAL COST OF THE TAX DEED PREPARATION; TO AMEND SECTION 12-37-712, RELATING TO ACCESS TO THE RECORDS OF A MARINA, SO AS TO DEFINE AND LIMIT BUSINESS RECORDS; TO AMEND SECTION 61-6-510 AND SECTION 61-6-2000, AS AMENDED, BOTH RELATING TO THE ISSUANCE OF A TEMPORARY LIQUOR LICENSE, BOTH SO AS TO ALLOW A CRIMINAL BACKGROUND CHECK; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE TARGETED JOB TAX CREDIT, SO AS TO INCLUDE AS AN ELIGIBLE TAXPAYER AN EXTRAORDINARY RETAIL ESTABLISHMENT AND TO DEFINE "EXTRAORDINARY RETAIL ESTABLISHMENT"; TO AMEND SECTION 12-21-6520, RELATING TO THE TOURISM INFRASTRUCTURE ACT, SO AS TO INCLUDE AN EXTRAORDINARY RETAIL ESTABLISHMENT WITH ADJOINING AQUARIUM OR NATURAL HISTORY MUSEUM AS A "TOURISM OR RECREATIONAL FACILITY" AND TO DEFINE QUALIFYING INFRASTRUCTURE IN THAT CONNECTION; BY ADDING SECTION 12-21-6590, SO AS TO LIMIT THE DESIGNATION OF EXTRAORDINARY RETAIL ESTABLISHMENTS TO FOUR IN THIS STATE; BY ADDING SECTIONS 12-49-1190 THROUGH 12-49-1290 SO AS TO PROVIDE FOR THE TAX SALE OF A MOBILE OR MANUFACTURED HOME INCLUDING NOTICE TO ALL LIENHOLDERS AND THE FORM OF THE NOTICE; TO AMEND SECTION 12-49-1110, RELATING TO DEFINITIONS IN CONNECTION WITH REAL PROPERTY MORTGAGES IN CONNECTION WITH THE ENFORCED COLLECTION OF PROPERTY TAXES, SO AS TO ADD ADDITIONAL DEFINITIONS; TO AMEND SECTION 12-51-130, AS AMENDED, RELATING TO A TAX SALE, SO AS TO INCLUDE IN THE COSTS THE ACTUAL EXPENSE FOR THE TAX DEED PREPARATION; TO AMEND SECTION 12-51-150, RELATING TO THE REFUND AMOUNT IN A FAILED TAX SALE, SO AS TO INCLUDE IN THE REFUND AMOUNT THE ACTUAL INTEREST EARNED BY THE COUNTY; TO AMEND SECTION 61-6-20, AS AMENDED, RELATING TO DEFINITIONS IN CONNECTION WITH THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO FURTHER DEFINE "BONA FIDE ENGAGED PRIMARILY AND SUBSTANTIALLY IN THE PREPARATION AND SERVING OF MEALS"; TO AMEND SECTION 61-6-50, RELATING TO VIOLATIONS OF THE ABC ACT, SO AS TO PROVIDE FOR THE DETERMINATION OF A WILFUL ACT; TO AMEND SECTION 61-6-1610, AS AMENDED, RELATING TO FOOD SERVICE ESTABLISHMENTS AND PLACES OF LODGING, SO AS TO FURTHER DEFINE SUCH WHEN LICENSED PURSUANT TO THE ABC ACT; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO FURTHER PROVIDE FOR THE APPROPRIATE CREDIT TIER IN CERTAIN COUNTIES; TO AMEND SECTION 12-6-3410, AS AMENDED, RELATING TO THE TAX CREDIT FOR A CORPORATE HEADQUARTERS, SO AS TO PROVIDE FOR THE ASSIGNMENT OF UNUSED CREDIT TO A TRANSFEREE OF THE TAXPAYER; TO AMEND SECTIONS 12-2-60, 12-4-520, 12-37-250, AS AMENDED, 12-37-251, 12-37-255, 12-37-266, 12-37-270, 12-37-275, 12-37-280, 12-37-450, 12-39-15, 12-39-150, 12-39-180, 12-39-190, 12-39-200, 12-39-270, 12-39-310, 12-45-15, 12-45-35, 12-45-70, AND 12-49-85, ALL RELATING TO CERTAIN POWERS AND RESPONSIBILITIES OF THE COMPTROLLER GENERAL IN CONNECTION WITH THE OPERATIONS OF A COUNTY TREASURER AND A COUNTY AUDITOR, SO AS TO DEVOLVE THOSE POWERS AND RESPONSIBILITIES ONTO THE DEPARTMENT OF REVENUE, AND TO REPEAL SECTIONS 11-3-60, 11-3-200, 11-3-220, AND 12-39-320 ALL RELATING TO CERTAIN POWERS AND RESPONSIBILITIES OF THE COMPTROLLER GENERAL IN CONNECTION WITH THE OPERATIONS OF A COUNTY TREASURER OR COUNTY AUDITOR; TO AMEND SECTION 61-6-2010, AS AMENDED, RELATING TO A LOCAL REFERENDUM IN CONNECTION WITH THE ABC ACT, SO AS TO PROVIDE FOR THE CALLING OF THE REFERENDUM AS WELL AS THE PETITION OF A REFERENDUM; TO AMEND SECTION 4-12-30, AS AMENDED, AND 4-29-67, AS AMENDED, BOTH RELATING TO THE FEE IN LIEU OF PROPERTY TAX IN CONNECTION WITH AN INDUSTRIAL PARK, BOTH SO AS TO PROVIDE THAT COUNTY-OWNED PROPERTY IN THE PARK IS CONSIDERED PRIVATELY OWNED FOR PURPOSES OF EXEMPTION FROM CERTAIN REGULATED UTILITY SERVICES; TO PROVIDE FOR IMPLEMENTATION AND POSTPONEMENT OF IMPLEMENTATION OF THE VALUES DETERMINED IN A COUNTYWIDE ASSESSMENT AND EQUALIZATION PROGRAM; AND TO REPEAL A 2006 ACT BEARING RATIFICATION NO. 227 RELATING TO THE POSTPONEMENT OF SUCH AN IMPLEMENTATION IN GREENVILLE COUNTY.

Very respectfully,
President
Received as information.

The SPEAKER ordered the following veto printed in the Journal:

June 13, 2006
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202

Mr. President and Members of the Senate:

I am hereby vetoing and returning without my approval S.1245, R. 389.

S. 1245 (Word version) is an annual Bill created for the Department of Revenue making many policy changes that will lead to a more efficient tax system. However, as this Bill made its way through the legislative process, many different proposals were added. Many of these amendments have exceptional merit and do good things for the citizens of South Carolina while others - with one in particular - move our State in the wrong direction.

Touching on the good, one proposal puts more money into the hands of the hard-working taxpayers of this State - very much in tune with numerous recommendations I have made since taking office. According to our Department of Revenue, this Bill would reduce the overall individual income tax burden by over $30 million.

In addition, this Bill would allow us to sustain and maintain the Disproportionate Share Hospital (DSH) Program we use to pay for hospital care for the uninsured. In 2004, we made a commitment to the federal government to bring our DSH program into compliance with a federal regulation that demanded equity in the payment requirements between public and private hospitals. By making this change, we take a giant step forward in drawing down federal Medicaid matching dollars that will help provide healthcare for the uninsured.

If enacted this Bill would have long term negative implications for economic development in this State because of what this provision includes and the way it came about.

3. It undermines the Secretary of Commerce. Since Carroll Campbell's time and the creation of the Department of Commerce, the Secretary has run point on behalf of the State in negotiating deals that use state incentives. In fact, the recent Duke study stressed the importance of maintaining that chief negotiator position if South Carolina is to stay competitive in economic development. In this instance, the Secretary was in discussion with this firm about a distribution facility and this Bill undermines his negotiating position. In fact, one could very reasonably make the case that passage of this Bill moves us toward 170 "secretaries of commerce" because if any firm can strike a better deal and larger incentives by working through a member of the House or Senate, who then sponsors supporting legislation, then why bother with the Secretary of Commerce? 4.

4. Without determining appropriate rates of return to the state, as is consistently done with manufacturing investment in our state - and without a comprehensive debate by those in the economic development community or legislative body - this Bill moves us into incentivizing retail investment for the first time in our State's history. We have not in the past because retail investment follows disposable income. The greater the buying power of a region, the greater the number of retailers who will move into that region to capture a portion of that region's consumer spending. This Bill would break from the underlying philosophy that has driven our State's incentive structure for decades. Rather than incentives being used to make the difference in whether or not an investment came to South Carolina (that would both raise incomes and wealth), we would get into the business of incentivizing investments already destined to come our way. Additionally, because retailing often-times uses part-time and lower paying jobs, it's more difficult to quantify the level of economic impact than in the jobs we have incentivized to date.
5. It involves government picking one retailer over others. While the company in question is certainly a great retailer who we would indeed love to see come to South Carolina, it needs to be remembered that there are other new retailers in our State that are themselves destinations. People come from a long way to go to the Bass Pro Shop in Myrtle Beach. People will come from a long way to go to the new Tanger Outlet Center in North Charleston. It would be a mistake to disadvantage these vendors for the sake of another. 6.

In addition, there are a lot of other family businesses that have been paying taxes in South Carolina for a long time that would now be called on to subsidize a loss in their sales. In the Charleston area alone, businesses like Dumas and Sons, Luden's, Carolina Rod and Gun, Haddrells Point Tackle and Supply, the Charleston Angler, Henry's Sporting Goods, Hanckel Marine, Toby's Bait and Tackle and many others would fall into this category.

6. In addition to job credits, this Bill rebates a portion of sales tax revenue back to the company. This is as well groundbreaking policy and in the long run I suspect would lead to a very large list of other retail supplicants ranging from car dealers to furniture stores arguing for similar sales tax rebates. 7.

7. We believe it would weaken manufacturing which has already been hard hit in dealing with the global changes afoot in our nation's economy. If one accepts the premise that we have a finite number of dollars available for incentives, then the bidding war and eventual opening of the flood gates to incentivizing the thousands of retail establishments across our State will result in fewer dollars available for manufacturing, distribution or tourism investment incentives. 8.

Finally, the creation of these special incentives opens the door for a long overdue discussion. Currently, our tax code has far too many incentives carved out for only one area of the State or for one business that might come to our State. This arrangement is getting us further away from being globally competitive by not looking at more ways to create a tax structure composed of incentives that will broadly help all of South Carolina. Too often we look at things in a vacuum instead of stepping back and looking at it from a holistic approach. The special incentives created in this Bill may be alright if they were shaped in this way. But these special "carve-outs" add one more item to the already cluttered piecemeal legislation in our tax code. So, bottom line, I believe it is time we stop singling counties or businesses out and take a look at this section of our code in a much broader perspective. Specifically, I am asking the Department of Commerce before the beginning of next session to look at and report the current tax incentives that no longer serve their purpose.

This administration will always support legislation that will effectively, fairly and uniformly promote economic prosperity. Although I do not support the creation of the special incentives contained in this Bill, I believe the positive policy changes that I outlined in the beginning outweigh the negative.

However, I believe that the DSH provision is extremely important and would ask that the General Assembly sustain this veto and immediately send to my desk a clean version of the DSH Bill. I would sign that legislation immediately.

For this reason, I am vetoing S. 1245, R. 389.

Sincerely,
Mark Sanford
Governor
Received as information.

The Veto on the following Act was taken up:

(R389) S. 1245 (Word version) -- Senators Thomas, Fair, Cromer, Ritchie, Anderson, Verdin, Setzler, Ryberg and Knotts: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-126 SO AS TO PROVIDE FOR THE RETURN BY A BUSINESS OF A LICENSE ISSUED BY THE DEPARTMENT OF REVENUE AND PAYMENT OF TAXES DUE UPON THE CLOSING OR TRANSFER OF THE BUSINESS; BY ADDING SECTION 12-54-196 SO AS TO PROVIDE FOR A PENALTY FOR A RETAILER COLLECTING AN EXCESSIVE STATE OR LOCAL SALES TAX AND TO PROVIDE FOR MITIGATION OF THE PENALTY; BY REDESIGNATING SECTION 12-4-780, RELATING TO ACCEPTANCE BY THE DEPARTMENT OF REVENUE OF PAYMENT OF TAXES BY CREDIT CARD AS SECTION 12-4-395, SO AS TO CORRECTLY REFLECT IT AS A GENERAL POWER OF THE DEPARTMENT; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO APPLICATION OF THE FEDERAL INTERNAL REVENUE CODE TO THIS STATE'S TAX LAWS, SO AS TO REFER TO THE IRC AS AMENDED THROUGH DECEMBER 31, 2005; TO AMEND SECTION 12-6-545, AS AMENDED, RELATING TO INCOME TAX RATES FOR ACTIVE TRADE OR BUSINESS INCOME OF A PASS-THROUGH BUSINESS, SO AS TO PROVIDE FOR ROYALTIES TREATED AS PERSONAL HOLDING COMPANY INCOME AND AMOUNTS PAID AS GUARANTEED PAYMENTS REASONABLY RELATED TO PERSONAL SERVICES, TO DESCRIBE INCOME REASONABLY RELATED TO PERSONAL SERVICES, AND TO PROVIDE FOR ELECTIONS AS TO TREATMENT OF INCOME FOR PERSONAL SERVICES; TO AMEND SECTION 12-6-3350, RELATING TO TAX CREDIT FOR A STATE CONTRACTOR USING MINORITY SUBCONTRACTORS, SO AS TO CONFORM THE TERM "MINORITY FIRM" TO LANGUAGE USED ELSEWHERE IN THE SOUTH CAROLINA CODE OF LAWS AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO DELETE THE REQUIREMENT THAT THE TAXPAYER HAVE ONE HUNDRED OR MORE EMPLOYEES, AND TO REVISE THE DEFINITION OF "DISTRIBUTION FACILITY"; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO CONFORM THE DEFINITION OF DISTRIBUTION FACILITY TO THE REVISED DEFINITION PROVIDED BY THE AMENDMENT TO THE TARGETED JOBS TAX CREDIT IN THIS ACT; TO AMEND SECTION 12-6-3375, RELATING TO CREDITS AGAINST THE STATE INCOME TAX FOR AN INCREASE IN PORT CARGO VOLUME, SO AS TO PROVIDE FOR DETERMINATION OF THE BASE PORT CARGO VOLUME, THAT THE TAXPAYER APPLY TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO QUALIFY, THAT THE COUNCIL DETERMINE THE AMOUNT OF THE CREDIT UP TO A MAXIMUM OF EIGHT MILLION DOLLARS FOR ALL TAXPAYERS FOR EACH CALENDAR YEAR, THAT THE ENTIRE MAXIMUM AMOUNT BE PRORATED AMONG QUALIFYING TAXPAYERS IN A CALENDAR YEAR, AND FOR CARRYOVER OF EXCESS CREDIT FOR THE NEXT FIVE YEARS; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO PERMITTED DISCLOSURES OF INFORMATION BY THE DEPARTMENT OF REVENUE, SO AS TO ALLOW THE EXCHANGE OF INFORMATION BETWEEN THE DEPARTMENT AND THE DEPARTMENT OF COMMERCE IN CONNECTION WITH THE CREDIT FOR INCREASED PORT CARGO VOLUME; TO AMEND SECTION 12-6-3385, RELATING TO A REFUNDABLE INCOME TAX CREDIT FOR A TUITION PAYMENT, SO AS TO SUSPEND THE FOUR-YEAR CREDIT PERIOD IF A STUDENT IS DEPLOYED BY THE MILITARY ON ACTIVE DUTY DURING THE PERIOD AND RE-ENROLLS UPON DEMOBILIZATION; TO AMEND SECTION 12-6-3535, AS AMENDED, RELATING TO THE STATE INCOME TAX CREDIT ALLOWED A TAXPAYER MAKING QUALIFIED REHABILITATION EXPENDITURES FOR A CERTIFIED HISTORIC STRUCTURE IN THIS STATE, SO AS TO ADD TECHNICAL REFERENCES AND TO DEFINE "PARTNER" FOR PURPOSES OF THE APPLICATION OF THE CREDIT TO PASS-THROUGH ENTITIES; TO AMEND SECTION 12-6-5030, AS AMENDED, RELATING TO THE FILING OF A COMPOSITE CORPORATE INCOME TAX RETURN, SO AS TO FURTHER PROVIDE FOR THE COMPUTATION OF A NONRESIDENT PARTICIPANT'S PRO RATA SHARE OF SOUTH CAROLINA INCOME TAX; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO JOB DEVELOPMENT TAX CREDITS, SO AS TO DELETE UNNECESSARY REFERENCES AND TO CORRECT A REFERENCE; TO AMEND SECTIONS 12-23-810, 12-23-830, AND 12-23-840, RELATING TO TAX ON LICENSED HOSPITALS FOR INDIGENT HEALTH CARE, SO AS TO PROVIDE FOR AN INITIAL TAX AND FOR TAXES FOR SECOND AND SUCCESSIVE FISCAL YEARS, TO PROVIDE FOR CALCULATION OF THE TAX, AND TO PROVIDE THAT THE MONIES BE USED FOR HEALTH CARE COVERAGE FOR CERTAIN POPULATIONS IN THIS STATE; TO AMEND SECTION 12-28-110, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE USER FEE FOR MOTOR FUELS, SO AS TO FURTHER DEFINE "DIESEL FUEL" TO INCLUDE BIODIESEL FUEL AND "MOTOR FUEL" TO INCLUDE SUBSTITUTE FUEL, TO DEFINE "SUBSTITUTE FUEL", "BIODIESEL", AND "BIODIESEL BLEND", AND TO MAKE CERTAIN CLARIFICATIONS; TO AMEND SECTION 12-28-310, AS AMENDED, RELATING TO THE IMPOSITION OF THE USER FEE, SO AS TO INCLUDE BLENDED, SUBSTITUTED, AND ALTERNATIVE FUELS; TO AMEND SECTION 12-28-330, AS AMENDED, RELATING TO PRESUMPTION OF USE OF FUEL IN THIS STATE, SO AS TO INCLUDE BLENDED, SUBSTITUTE, AND ALTERNATIVE FUELS; TO AMEND SECTION 12-28-790, AS AMENDED, RELATING TO REFUNDS OF THE USER FEE, SO AS TO DELETE THE CREDIT ALLOWANCE TO A SUPPLIER; TO AMEND SECTION 12-28-970, AS AMENDED, RELATING TO THE IMPOSITION OF A BACKUP USER FEE ON MOTOR FUEL USED BY AN END USER, SO AS TO INCLUDE THE USE OF A SUBSTITUTE FUEL AND TO ADD A TAX ON A LIQUID OR GAS THAT IS NOT OTHERWISE SUBJECT TO THE MOTOR FUEL USER FEE, BY PROVIDING FOR A BACKUP TAX EQUAL TO THE USER FEE PAYABLE BY THE FIRST PERSON WHO RECEIVES THE PRODUCT INTO THIS STATE AND PAYABLE BY THE PRODUCER UPON THE FIRST SALE OR FIRST USE IN THIS STATE; TO AMEND SECTION 12-28-975, AS AMENDED, RELATING TO THE DIVERSION OF MOTOR FUEL FROM AN OUT-OF-STATE DESTINATION, SO AS TO REQUIRE NOTIFICATION AND PAYMENT OF THE USER FEE; TO AMEND SECTION 12-28-990, AS AMENDED, RELATING TO THE LIABILITY OF A BLENDER OF FUELS, SO AS TO PROVIDE FOR A USER FEE AGAINST BLENDED FUELS, PAYABLE BY THE BLENDER OR MANUFACTURER; TO AMEND SECTION 12-28-1120, AS AMENDED, RELATING TO A TRANSPORTER OF MOTOR FUEL SUBJECT TO THE USER FEE, SO AS TO REQUIRE A TRANSPORTER'S LICENSE; TO AMEND SECTION 12-28-1370, AS AMENDED, RELATING TO A LICENSED TRANSPORTER, SO AS TO CLARIFY THE REPORTABLE TRANSPORTS; TO AMEND SECTION 12-33-245, AS AMENDED, RELATING TO THE IMPOSITION OF AN EXCISE TAX ON THE PROCEEDS OF THE SALE OF ALCOHOLIC LIQUOR BY THE DRINK, SO AS TO PROVIDE FOR SALES MADE AT A LOCATION HOLDING A TEMPORARY LICENSE OR PERMIT, AND TO FURTHER DEFINE THE TERM "GROSS PROCEEDS OF SALE" TO INCLUDE THE VALUE OF COMPLIMENTARY ALCOHOLIC LIQUOR, ICE, AND MIXERS; BY ADDING SECTION 61-6-720 SO AS TO PROVIDE FOR A SPECIAL BAKERY FOOD MANUFACTURER'S LICENSE FOR BAKERIES USING ALCOHOLIC BEVERAGES IN FOOD PREPARATION; TO AMEND SECTION 12-36-90, AS AMENDED, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALE" FOR PURPOSES OF THE STATE SALES AND USE TAX, SO AS TO PROVIDE THAT THE TERM DOES NOT INCLUDE THE PROCEEDS OF THE SALE OF PERSONAL PROPERTY PURCHASED PURSUANT TO A WARRANTY, MAINTENANCE, OR SIMILAR SERVICE CONTRACT UNDER CERTAIN CONDITIONS; TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO APPLICATION OF THE FIVE PERCENT SOUTH CAROLINA SALES TAX, SO AS TO PROVIDE THAT THE TAX APPLIES TO THE GROSS PROCEEDS OF THE SALE OF A WARRANTY, MAINTENANCE, OR OTHER SERVICE CONTRACTS FOR TANGIBLE PERSONAL PROPERTY; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO CLARIFY THE TYPE OF MATERIAL HANDLING SYSTEMS AND EQUIPMENT INCLUDED IN THE EXEMPTIONS, AND TO EXEMPT THE GROSS PROCEEDS FROM A SALE OF A WARRANTY, MAINTENANCE, OR OTHER SERVICE CONTRACT FOR TANGIBLE PERSONAL PROPERTY IF THE GROSS PROCEEDS FROM THE SALE OF THE SUBJECT TANGIBLE PERSONAL PROPERTY IS EXEMPT; TO AMEND SECTION 12-37-2740, RELATING TO SUSPENSION OF A DRIVER'S LICENSE AND VEHICLE REGISTRATION FOR FAILURE TO PAY PERSONAL PROPERTY TAX, SO AS TO CHANGE REFERENCES FROM THE "DEPARTMENT" TO THE "DEPARTMENT OF MOTOR VEHICLES", AND TO PROVIDE FOR A MAXIMUM PENALTY FOR A THIRD AND SUBSEQUENT OFFENSE TO A FIVE HUNDRED-DOLLAR FINE OR THIRTY DAYS IN PRISON, OR BOTH; TO AMEND SECTION 12-37-2890, RELATING TO SUSPENSION OF THE DRIVER'S LICENSE AND VEHICLE REGISTRATION OF A PERSON WHO FAILS TO PAY THE MOTOR CARRIER PROPERTY TAX ON A VEHICLE, SO AS TO PROVIDE THAT THE SUSPENSION BE MADE BY THE DEPARTMENT OF MOTOR VEHICLES AFTER ELECTRONIC NOTICE AND FOR SPECIFIC PENALTIES FOR FIRST AND SUBSEQUENT OFFENSES; TO AMEND SECTION 12-43-335, AS AMENDED, RELATING TO THE CLASSIFICATION OF ASSESSED PROPERTY FOR PURPOSES OF EQUALIZATION AND REASSESSMENT, SO AS TO CHANGE A REFERENCE TO CERTAIN SECTOR 22 CLASSIFICATIONS; TO AMEND SECTION 12-54-155, RELATING TO PENALTIES FOR SUBSTANTIAL UNDERSTATEMENT OF TAXES, SO AS TO CLARIFY THAT THE PROVISION REFERS TO AN UNDERPAYMENT OF TAXES BASED ON AN UNDERSTATEMENT OF TAX OR A MISSTATEMENT OF VALUATION, TO PROVIDE THAT CERTAIN PENALTIES DO NOT APPLY TO UNDERPAYMENTS ATTRIBUTABLE TO FRAUD, BUSINESS-RELATED PROPERTY, OR A TAX SHELTER, WHICH ARE PENALIZED ELSEWHERE, TO DEFINE "SUBSTANTIAL VALUATION MISSTATEMENT", AND TO PROVIDE FOR REASONABLENESS AND GOOD FAITH ON THE PART OF THE TAXPAYER AND IN CONNECTION WITH CHARITABLE DEDUCTION PROPERTY; TO AMEND SECTION 12-60-30, AS AMENDED, RELATING TO DEFINITIONS IN CONNECTION WITH THE REVENUE PROCEDURES ACT, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-60-470, AS AMENDED, RELATING TO REFUND CLAIMS BY A STATE TAXPAYER, SO AS TO FURTHER PROVIDE FOR THE LIMITED CIRCUMSTANCES UNDER WHICH A PERSON OTHER THAN THE TAXPAYER LEGALLY LIABLE FOR THE TAX MAY CLAIM OR RECEIVE A REFUND, INCLUDING THE REQUIREMENT THAT AN ASSIGNMENT OF THE CLAIM OR REFUND BE IN WRITING, THE REFUND CLAIM OF A FOREIGN MISSION OR DIPLOMAT, THE APPLICATION OF SECTION 12-60-490, AND THE DISCLOSURE TO ANOTHER PERSON OF THE EFFECT OF OTHER TAX LIABILITIES OF THE TAXPAYER ON THE AMOUNT OF THE REFUND; TO REPEAL SECTIONS 12-4-770, RELATING TO PROCEDURES FOR APPEALING THE PROPOSED ASSESSMENT OF PROPERTY FOR TAXATION AND 12-36-530, RELATING TO RETURN OF LICENSE UPON CLOSING OF BUSINESS; TO AMEND SECTION 12-6-5590, RELATING TO DETERMINING DONATIVE INTENT, SO AS TO DELETE THE EXCLUSION FOR CONSERVATION CONTRIBUTION IN CONNECTION WITH A GOLF COURSE; TO AMEND SECTION 12-58-160, RELATING TO THE RELEASE OF AN ERRONEOUSLY FILED LIEN, SO AS TO PROVIDE THAT NOTICE OF THE RELEASE DOES NOT BREACH THE DEPARTMENT'S NONDISCLOSURE RULES; TO AMEND SECTION 12-37-250, AS AMENDED, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO DELETE THE AGE REQUIREMENT FOR A SURVIVING SPOUSE TO BE ELIGIBLE FOR THE EXEMPTION; BY ADDING SECTION 12-37-714 SO AS TO PROVIDE FOR THE TAXATION OF BOATS WITH A SITUS IN THIS STATE; BY ADDING SECTION 12-37-717 SO AS TO PROVIDE FOR A THREE PERCENT SURCHARGE ON A RENTAL CONTRACT FOR HEAVY EQUIPMENT AND TO DEFINE "HEAVY EQUIPMENT"; TO AMEND SECTION 12-51-150, RELATING TO THE VOIDING OF A TAX SALE, SO AS TO REQUIRE THE REFUND ALSO OF THE AMOUNT OF INTEREST ACTUALLY EARNED; BY ADDING SECTION 12-6-3600 SO AS TO PROVIDE FOR A TAX CREDIT FOR A FACILITY THAT PRODUCES ETHANOL OR BIODIESEL UNDER CERTAIN TIME CONSTRAINTS; BY ADDING SECTION 12-6-3610 SO AS TO PROVIDE FOR A TAX CREDIT FOR A FACILITY PROCESSING AND DISPENSING RENEWABLE FUEL THROUGH 2011; TO AMEND SECTION 12-28-110, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF MOTOR FUEL SUBJECT TO THE USER FEE, SO AS TO REDEFINE "MOTOR FUEL" AND TO DEFINE "BIODIESEL" AND "RENEWABLE FUEL"; TO AMEND SECTION 12-28-990, AS AMENDED, RELATING TO BLENDING MATERIALS, SO AS TO PROVIDE FOR RENEWABLE FUELS; BY ADDING SECTION 12-6-3587 AND SECTION 12-6-3620 SO AS TO PROVIDE FOR A TAX CREDIT FOR A TAXPAYER WHO, RESPECTIVELY, INSTALLS A SOLAR ENERGY HEATING OR COOLING SYSTEM OR USES METHANE GAS TAKEN FROM A LANDFILL; TO AMEND SECTION 12-37-224, RELATING TO A MOTOR HOME USED AS A RESIDENCE FOR PROPERTY TAX PURPOSES, SO AS TO PROVIDE THAT A COUNTY ORDINANCE MAY PROVIDE FOR SIMILAR TREATMENT OF A BOAT USED AS A RESIDENCE; TO AMEND SECTION 12-10-88, RELATING TO REDEVELOPMENT FEES, SO AS TO PROVIDE FOR AN EXTENSION; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO GENERAL EXEMPTIONS FROM TAXES, SO AS TO PROVIDE THAT AN EXEMPT PASSENGER VEHICLE OWNED BY A MILITARY PERSON MUST BE REGISTERED IN THIS STATE TO QUALIFY FOR THE EXEMPTION; TO AMEND SECTION 12-6-545, RELATING TO INCOME TAX RATES FOR ACTIVE AND PASSIVE BUSINESSES INCOME, SO AS TO PROVIDE FOR THE APPLICATION OF THE TAX CREDIT; TO AMEND SECTION 12-6-3515, RELATING TO THE TAX CREDIT FOR A CONSERVATION CONTRIBUTION, SO AS TO PROVIDE THAT IT IS NOT ALLOWED IF THE UNDERLYING PROPERTY IS USED FOR THE PLAYING OF GOLF; TO AMEND SECTION 12-51-130, AS AMENDED, RELATING TO A TAX SALE, SO AS TO PROVIDE FOR THE COSTS TO INCLUDE THE ACTUAL COST OF THE TAX DEED PREPARATION; TO AMEND SECTION 12-37-712, RELATING TO ACCESS TO THE RECORDS OF A MARINA, SO AS TO DEFINE AND LIMIT BUSINESS RECORDS; TO AMEND SECTION 61-6-510 AND SECTION 61-6-2000, AS AMENDED, BOTH RELATING TO THE ISSUANCE OF A TEMPORARY LIQUOR LICENSE, BOTH SO AS TO ALLOW A CRIMINAL BACKGROUND CHECK; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE TARGETED JOB TAX CREDIT, SO AS TO INCLUDE AS AN ELIGIBLE TAXPAYER AN EXTRAORDINARY RETAIL ESTABLISHMENT AND TO DEFINE "EXTRAORDINARY RETAIL ESTABLISHMENT"; TO AMEND SECTION 12-21-6520, RELATING TO THE TOURISM INFRASTRUCTURE ACT, SO AS TO INCLUDE AN EXTRAORDINARY RETAIL ESTABLISHMENT WITH ADJOINING AQUARIUM OR NATURAL HISTORY MUSEUM AS A "TOURISM OR RECREATIONAL FACILITY" AND TO DEFINE QUALIFYING INFRASTRUCTURE IN THAT CONNECTION; BY ADDING SECTION 12-21-6590, SO AS TO LIMIT THE DESIGNATION OF EXTRAORDINARY RETAIL ESTABLISHMENTS TO FOUR IN THIS STATE; BY ADDING SECTIONS 12-49-1190 THROUGH 12-49-1290 SO AS TO PROVIDE FOR THE TAX SALE OF A MOBILE OR MANUFACTURED HOME INCLUDING NOTICE TO ALL LIENHOLDERS AND THE FORM OF THE NOTICE; TO AMEND SECTION 12-49-1110, RELATING TO DEFINITIONS IN CONNECTION WITH REAL PROPERTY MORTGAGES IN CONNECTION WITH THE ENFORCED COLLECTION OF PROPERTY TAXES, SO AS TO ADD ADDITIONAL DEFINITIONS; TO AMEND SECTION 12-51-130, AS AMENDED, RELATING TO A TAX SALE, SO AS TO INCLUDE IN THE COSTS THE ACTUAL EXPENSE FOR THE TAX DEED PREPARATION; TO AMEND SECTION 12-51-150, RELATING TO THE REFUND AMOUNT IN A FAILED TAX SALE, SO AS TO INCLUDE IN THE REFUND AMOUNT THE ACTUAL INTEREST EARNED BY THE COUNTY; TO AMEND SECTION 61-6-20, AS AMENDED, RELATING TO DEFINITIONS IN CONNECTION WITH THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO FURTHER DEFINE "BONA FIDE ENGAGED PRIMARILY AND SUBSTANTIALLY IN THE PREPARATION AND SERVING OF MEALS"; TO AMEND SECTION 61-6-50, RELATING TO VIOLATIONS OF THE ABC ACT, SO AS TO PROVIDE FOR THE DETERMINATION OF A WILFUL ACT; TO AMEND SECTION 61-6-1610, AS AMENDED, RELATING TO FOOD SERVICE ESTABLISHMENTS AND PLACES OF LODGING, SO AS TO FURTHER DEFINE SUCH WHEN LICENSED PURSUANT TO THE ABC ACT; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO FURTHER PROVIDE FOR THE APPROPRIATE CREDIT TIER IN CERTAIN COUNTIES; TO AMEND SECTION 12-6-3410, AS AMENDED, RELATING TO THE TAX CREDIT FOR A CORPORATE HEADQUARTERS, SO AS TO PROVIDE FOR THE ASSIGNMENT OF UNUSED CREDIT TO A TRANSFEREE OF THE TAXPAYER; TO AMEND SECTIONS 12-2-60, 12-4-520, 12-37-250, AS AMENDED, 12-37-251, 12-37-255, 12-37-266, 12-37-270, 12-37-275, 12-37-280, 12-37-450, 12-39-15, 12-39-150, 12-39-180, 12-39-190, 12-39-200, 12-39-270, 12-39-310, 12-45-15, 12-45-35, 12-45-70, AND 12-49-85, ALL RELATING TO CERTAIN POWERS AND RESPONSIBILITIES OF THE COMPTROLLER GENERAL IN CONNECTION WITH THE OPERATIONS OF A COUNTY TREASURER AND A COUNTY AUDITOR, SO AS TO DEVOLVE THOSE POWERS AND RESPONSIBILITIES ONTO THE DEPARTMENT OF REVENUE, AND TO REPEAL SECTIONS 11-3-60, 11-3-200, 11-3-220, AND 12-39-320 ALL RELATING TO CERTAIN POWERS AND RESPONSIBILITIES OF THE COMPTROLLER GENERAL IN CONNECTION WITH THE OPERATIONS OF A COUNTY TREASURER OR COUNTY AUDITOR; TO AMEND SECTION 61-6-2010, AS AMENDED, RELATING TO A LOCAL REFERENDUM IN CONNECTION WITH THE ABC ACT, SO AS TO PROVIDE FOR THE CALLING OF THE REFERENDUM AS WELL AS THE PETITION OF A REFERENDUM; TO AMEND SECTION 4-12-30, AS AMENDED, AND 4-29-67, AS AMENDED, BOTH RELATING TO THE FEE IN LIEU OF PROPERTY TAX IN CONNECTION WITH AN INDUSTRIAL PARK, BOTH SO AS TO PROVIDE THAT COUNTY-OWNED PROPERTY IN THE PARK IS CONSIDERED PRIVATELY OWNED FOR PURPOSES OF EXEMPTION FROM CERTAIN REGULATED UTILITY SERVICES; TO PROVIDE FOR IMPLEMENTATION AND POSTPONEMENT OF IMPLEMENTATION OF THE VALUES DETERMINED IN A COUNTYWIDE ASSESSMENT AND EQUALIZATION PROGRAM; AND TO REPEAL A 2006 ACT BEARING RATIFICATION NO. 227 RELATING TO THE POSTPONEMENT OF SUCH AN IMPLEMENTATION IN GREENVILLE COUNTY.

Rep. COOPER explained the Veto.

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                  Allen                  Anderson
Bailey                 Bales                  Ballentine
Bannister              Barfield               Battle
Bingham                Bowers                 Brady
Branham                Breeland               G. Brown
R. Brown               Cato                   Chalk
Chellis                Clemmons               Clyburn
Cobb-Hunter            Coleman                Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Edge
Emory                  Funderburk             Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Haskins
Herbkersman            Hinson                 Hiott
Hodges                 Hosey                  Howard
Huggins                Jefferson              Jennings
Kennedy                Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                Miller
Mitchell               Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parks                  Perry
Pinson                 E. H. Pitts            Rhoad
Rice                   Rivers                 Rutherford
Sandifer               Scarborough            Scott
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Stewart                Taylor
Thompson               Toole                  Townsend
Umphlett               Vaughn                 Viers
Walker                 Weeks                  White
Whitmire               Witherspoon            Young

Those who voted in the negative are:

Norman

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

The following was received:

Columbia, S.C., June 14, 2006
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. 372, H. 4316 by a vote of 35 to 8:

(R372, H4316 (Word version)) -- Reps. Harrell, Clark, Bailey, Hinson, Harrison, Altman, G.R. Smith, Cotty, Whipper, Taylor, Kirsh, M.A. Pitts, Coates, G.M. Smith, Moody-Lawrence, Toole, Brady, Littlejohn, Sandifer, Mahaffey, McLeod, Funderburk, R. Brown, Haley, Owens, Simrill, Neilson and Bales: AN ACT TO AMEND SECTION 39-5-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRICE GOUGING DURING A DECLARED STATE OF EMERGENCY OR DISASTER, SO AS TO PROHIBIT THE ACTS ALSO UPON AN OUT-OF-STATE DECLARATION OF A STATE OF EMERGENCY OR DISASTER RESULTING IN ABNORMAL DISRUPTION OF THE MARKET IN CERTAIN COMMODITIES WHEN THIS STATE IS AFFECTED AND TO EXCEPT SEASONAL OR OTHER CUSTOMARY FLUCTUATIONS IN PRICE.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., June 14, 2006
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. 437, H. 4874 by a vote of 43 to 2:

(R437, H4874 (Word version)) -- Reps. Harrell, Merrill, Cotty, Ballentine, G. Brown, Duncan, Barfield, Haley, Bailey, Bales, Bannister, Battle, Bingham, Brady, Breeland, Cato, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Delleney, Edge, Frye, Hardwick, Harrison, Haskins, Herbkersman, Hinson, Hodges, Huggins, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Mack, McGee, Miller, Norman, Ott, Perry, Pinson, E.H. Pitts, M.A. Pitts, Rhoad, Rice, Sandifer, Scarborough, Simrill, G.R. Smith, J.E. Smith, Talley, Thompson, Townsend, Tripp, Umphlett, Vick, Viers, Walker, White, Whitmire, Young, Lucas and Mitchell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE SOUTH CAROLINA ECONOMIC DEVELOPMENT INCENTIVE ACT, BY ADDING SECTION 12-6-3589 SO AS TO PROVIDE FOR A CREDIT AGAINST THE STATE CORPORATE INCOME TAX FOR COSTS INCURRED BY A MANUFACTURING FACILITY IN COMPLYING WITH WHOLE EFFLUENT TOXICITY TESTING, THE AMOUNT OF THE CREDIT, AND A TEN-YEAR CARRY FORWARD PERIOD, AND TO DEFINE "MANUFACTURING FACILITY"; TO AMEND SECTION 12-6-2250, RELATING TO APPORTIONMENT OF INCOME FOR CERTAIN BUSINESSES, SO AS TO PROVIDE FOR THE CALCULATION OF APPORTIONED INCOME USING SALES FIGURES; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO INCLUDE A BANK AND A LICENSED GENERAL CONTRACTOR AS TAXPAYERS WHO MAY QUALIFY FOR THE CREDIT; TO AMEND SECTION 12-6-3375, RELATING TO A TAX CREDIT AGAINST INCOME TAX FOR COMPANIES USING THE STATE'S PORT FACILITIES, SO AS TO PROVIDE FOR DETERMINATION OF THE BASE PORT CARGO VOLUME, THAT THE TAXPAYER APPLY TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO QUALIFY, THAT THE COUNCIL DETERMINE THE AMOUNT OF THE CREDIT UP TO A MAXIMUM OF EIGHT MILLION DOLLARS FOR ALL TAXPAYERS FOR EACH CALENDAR YEAR, THAT THE ENTIRE MAXIMUM AMOUNT BE PRORATED AMONG QUALIFYING TAXPAYERS IN A CALENDAR YEAR, FOR CARRYOVER OF EXCESS CREDIT FOR THE NEXT FIVE YEARS, AND TO ALLOW THE EXCHANGE OF INFORMATION BETWEEN THE DEPARTMENT AND THE DEPARTMENT OF COMMERCE IN CONNECTION WITH THE CREDIT FOR INCREASED PORT CARGO VOLUME; TO AMEND SECTION 12-6-3410, AS AMENDED, RELATING TO THE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO INCLUDE A BANK'S HEADQUARTERS AND TO REDEFINE "COMPANY BUSINESS UNIT"; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO THE JOB DEVELOPMENT TAX CREDIT, SO AS TO ALLOW FOR A REDUCTION AGAINST THE CREDIT FOR TAXES DUE AND TO INCLUDE CERTAIN EMPLOYEE RELOCATION EXPENSES AS QUALIFYING EXPENSES; TO AMEND SECTION 12-20-110, AS AMENDED, RELATING TO CERTAIN ENTITIES TO WHICH CORPORATION LICENSE FEES PROVISIONS DO NOT APPLY, SO AS TO INCLUDE A CERTIFIED COMMUNITY DEVELOPMENT ENTITY; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTION FROM THE STATE SALES TAX, SO AS TO EXEMPT CONSTRUCTION MATERIALS USED IN BUILDING A SINGLE MANUFACTURING AND DISTRIBUTION CENTER WITH CERTAIN MINIMUM INVESTMENTS; TO AMEND SECTIONS 12-44-130 AND 12-44-140, BOTH AS AMENDED, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES, SO AS TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 4-12-30, AS AMENDED, RELATING TO QUALIFICATION OF AN INDUCEMENT LEASE AGREEMENT FOR THE FEE IN LIEU OF PROPERTY TAXES, SO AS TO REDUCE THE MINIMUM INVESTMENT REQUIREMENT AND TO DELETE CERTAIN INVESTMENTS FROM A FOUR PERCENT MINIMUM ASSESSMENT RATIO; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO DELETE CERTAIN INVESTMENTS FROM A FOUR PERCENT MINIMUM ASSESSMENT RATIO AND TO REDUCE THE MINIMUM INVESTMENT REQUIREMENT; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO PROVIDE FOR A HIGHER TIER OF CREDIT IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 4-12-30 AND SECTION 4-29-67, BOTH RELATING TO THE FEE IN LIEU OF PROPERTY TAX, SO AS TO PROVIDE THAT PROPERTY TITLED IN A COUNTY'S NAME IS PRIVATE PROPERTY FOR PURPOSES OF AN INDUSTRIAL DEVELOPMENT PARK; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO PROVIDE FOR INCOME DATA TO BE DETERMINED BY THE AVERAGE PER CAPITA INCOME OF THE COUNTY OR THE STATE, TO PROVIDE FOR A CREDIT FOR A TAXPAYER OPERATING AN EXTRAORDINARY RETAIL ESTABLISHMENT, AND TO DEFINE "EXTRAORDINARY RETAIL ESTABLISHMENT"; TO AMEND SECTION 12-21-6520, RELATING TO DEFINITIONS FOR PURPOSES OF THE TOURISM INFRASTRUCTURE ADMISSIONS ACT, SO AS TO FURTHER DEFINE "TOURISM OR RECREATIONAL FACILITY"; AND BY ADDING SECTION 12-21-6590 SO AS TO PROVIDE THAT ONLY FOUR EXTRAORDINARY RETAIL ESTABLISHMENTS MAY BE DESIGNATED, THAT SALES TAX BE DETERMINATIVE RATHER THAN ADMISSIONS TAX FOR THIS PURPOSE, AND TO DEFINE "INFRASTRUCTURE IMPROVEMENTS" TO INCLUDE AN AQUARIUM OR NATURAL HISTORY EXHIBIT OR MUSEUM IN CONNECTION WITH THE ESTABLISHMENT, AS WELL AS OTHER EXPENDITURES DIRECTLY SUPPORTING THE CONSTRUCTION OR OPERATION OF THE ESTABLISHMENT.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., June 14, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 405, H. 3773 by a vote of 22 to 17:

(R405, H3773 (Word version)) -- Reps. Vick, W.D. Smith, Littlejohn, Agnew, Ballentine, Haley, Lucas, Ott, Hardwick, Witherspoon, Cobb-Hunter and Anderson: AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM SALES TAX THE GROSS PROCEEDS OF SALES OR SALES PRICE OF GOLD, SILVER, AND PLATINUM BULLION, AND COINS AND CURRENCY AND TO REQUIRE THE RETAILER TO MAINTAIN PROPER DOCUMENTATION AS REQUIRED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE FOR EACH EXEMPT SALE.

Very respectfully,
President
Received as information.

Rep. THOMPSON moved to reconsider the vote whereby the Veto on the following Act was sustained, which was agreed to:

(R356) S. 910 (Word version) -- Senators Knotts, Peeler and Ford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-39 SO AS TO REQUIRE NURSES TO WEAR AN IDENTIFICATION BADGE; TO AMEND SECTION 40-33-32, RELATING TO NURSING LICENSURE REQUIREMENTS, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE; TO AMEND SECTION 40-33-34, RELATING TO THE SCOPE OF PRACTICE AUTHORIZED FOR VARIOUS LEVELS OF NURSING AND REQUIREMENTS FOR CERTAIN SPECIFIED ACTS OF NURSING, SO AS TO CLARIFY INFORMATION THAT MUST BE PROVIDED BY NURSES WITH PRESCRIPTIVE AUTHORITY WHEN WRITING PRESCRIPTIONS; TO AMEND SECTION 40-33-35, RELATING TO LICENSURE REQUIREMENTS FOR OUT-OF-STATE NURSES, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE, TO PROVIDE FOR LICENSURE OF SUCH NURSES WHO WERE PREVIOUSLY AUTHORIZED TO PRACTICE NURSING, AND TO CLARIFY WHAT REQUIREMENTS MUST BE MET BY SUCH NURSES TO BE LICENSED AS AN ADVANCED PRACTICE REGISTERED NURSE; TO AMEND SECTION 40-33-36, RELATING TO THE ISSUANCE OF NURSING LICENSES, INCLUDING REQUIREMENTS FOR TEMPORARY AND LIMITED LICENSES, SO AS TO ALSO APPLY THESE REQUIREMENTS TO TEMPORARY AND LIMITED LICENSES FOR ADVANCED PRACTICE REGISTERED NURSES; AND TO AMEND SECTION 40-33-40, AS AMENDED, RELATING TO REQUIREMENTS FOR DEMONSTRATING COMPETENCY FOR INITIAL AND RENEWAL LICENSURE, SO AS TO CLARIFY CERTAIN REQUIREMENTS AND TO APPLY CERTAIN OF THESE REQUIREMENTS TO INDIVIDUALS SEEKING REINSTATEMENT OF A LAPSED OR INACTIVE STATUS OR LICENSURE OF A PERSON WHO IS AUTHORIZED TO PRACTICE OUT-OF-STATE.

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                  Allen                  Bales
Ballentine             Bannister              Barfield
Battle                 Bingham                Brady
Breeland               G. Brown               J. Brown
R. Brown               Cato                   Clyburn
Coleman                Cooper                 Davenport
Delleney               Edge                   Emory
Funderburk             Haley                  Harrison
Hayes                  Hodges                 Hosey
Howard                 Huggins                Jefferson
Jennings               Mack                   Mahaffey
Martin                 McCraw                 McLeod
Miller                 Mitchell               J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Pinson                 E. H. Pitts
Rhoad                  Rivers                 Rutherford
Scott                  Sinclair               G. M. Smith
G. R. Smith            Taylor                 Thompson
Toole                  Townsend               Walker
Weeks                  White

Those who voted in the negative are:

Anderson               Bailey                 Bowers
Branham                Chalk                  Chellis
Clemmons               Cobb-Hunter            Cotty
Dantzler               Duncan                 Hagood
Hamilton               Hardwick               Harrell
Haskins                Herbkersman            Hinson
Hiott                  Kennedy                Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Merrill                Moody-Lawrence
Norman                 Perry                  Rice
Sandifer               Scarborough            Simrill
Skelton                D. C. Smith            J. R. Smith
Stewart                Umphlett               Vaughn
Viers                  Whipper                Whitmire
Witherspoon            Young

So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

The Senate amendments to the following Bill were taken up for consideration:

H. 5217 (Word version) -- Rep. Rutherford: A BILL TO PROVIDE THAT A GOLF CART MAY BE OPERATED ALONG CERTAIN PRIMARY HIGHWAYS IN RICHLAND COUNTY WITHIN A ONE-HALF-MILE RADIUS OF A SPORTING EVENT DURING CERTAIN HOURS, AND TO PROVIDE THAT DURING NIGHTTIME HOURS, THE GOLF CART MUST BE OPERATED WITH WORKING HEADLIGHTS AND TAIL LIGHTS.

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 was received:

Columbia, S.C., June 14, 2006
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 6:15 p.m. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. RHOAD the invitation was accepted.

The following was received:

Columbia, S.C., June 14, 2006
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. 406, H. 3803 by a vote of 35 to 4:

(R406, H3803 (Word version)) -- Reps. Edge and Wilkins: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, CHAPTER 53, TITLE 44 SO AS TO ENACT "THE SOUTH CAROLINA PRESCRIPTION MONITORING ACT" AUTHORIZING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BUREAU OF DRUG CONTROL TO ESTABLISH A PROGRAM TO MONITOR THE PRESCRIBING AND DISPENSING OF SCHEDULE II-IV CONTROLLED SUBSTANCES BY PROFESSIONALS LICENSED TO PRESCRIBE AND DISPENSE THESE DRUGS, TO PROVIDE THE MANNER AND PROCEDURES UNDER WHICH THESE PROFESSIONALS ARE TO PROVIDE SUCH INFORMATION TO THE DEPARTMENT, TO PROVIDE FOR THE USE, CONFIDENTIALITY, AND AUTHORIZED DISCLOSURE OF THIS INFORMATION, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS RELATED TO REPORTING REQUIREMENTS AND FOR IMPROPER DISCLOSURE OF SUCH INFORMATION; AND TO AMEND SECTION 44-53-360, AS AMENDED, RELATING TO REQUIREMENTS FOR DISPENSING CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT PRESCRIPTIONS FOR CONTROLLED SUBSTANCES IN SCHEDULES II-IV, RATHER THAN SCHEDULES II-V, MUST NOT EXCEED A THIRTY-ONE DAY SUPPLY, TO PROVIDE THAT PRESCRIPTIONS FOR SCHEDULE V CONTROLLED SUBSTANCES MUST NOT EXCEED A NINETY DAY SUPPLY, AND TO PROVIDE THAT A PHARMACIST OR PRACTITIONER DOES NOT HAVE A DUTY TO OBTAIN INFORMATION FROM THE PRESCRIPTION MONITORING PROGRAM AND ARE NOT LIABLE FOR OBTAINING OR NOT OBTAINING SUCH INFORMATION.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., June 14, 2006
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. 432, H. 4810 by a vote of 37 to 7:

(R432, H4810 ) -- Ways and Means Committee: AN ACT TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING JULY 1, 2006; 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.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., June 14, 2006
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. 427, H. 4707 by a vote of 45 to 0:

(R427, H4707 (Word version)) -- Reps. Govan, Scott, Hosey, Moody-Lawrence, Whipper, Clark, Howard, Mack, Vick, Allen, Battle, Bowers, Brady, Branham, Cato, Ceips, Clemmons, Clyburn, Funderburk, Haskins, Hodges, Jefferson, McLeod, Ott, Perry, Rice, Scarborough, Sinclair, G.M. Smith, J.E. Smith and Townsend: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-29-440 THROUGH 59-29-570 SO AS TO ENACT THE "SOUTH CAROLINA FINANCIAL LITERACY TRUST ACT", WHICH IS AN INITIATIVE FOR IMPROVING FINANCIAL LITERACY BY PROVIDING GRANTS TO SCHOOL DISTRICTS TO PROVIDE FINANCIAL LITERACY INSTRUCTION FOR STUDENTS IN KINDERGARTEN THROUGH TWELFTH GRADE; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO ESTABLISH THE SOUTH CAROLINA FINANCIAL LITERACY BOARD OF TRUSTEES, TO PROVIDE THAT IT SHALL OVERSEE THE FINANCIAL LITERACY TRUST, AND TO ESTABLISH THE PURPOSES OF THE BOARD AND ITS COMPOSITION, FUNCTIONS, AND DUTIES; TO PROVIDE FOR A FUND TO ACCEPT PUBLIC AND PRIVATE MONIES, AND PROVIDE THAT NO STATE FUNDS MAY BE USED FOR THE FINANCIAL LITERACY INITIATIVE; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; AND TO PROVIDE THE PROCEDURE FOR APPLYING FOR A GRANT, ESTABLISH FISCAL GUIDELINES, AND EVALUATION REQUIREMENTS; TO AMEND SECTION 12-6-5060, AS AMENDED, RELATING TO DESIGNATING CONTRIBUTIONS TO CERTAIN CHARITABLE FUNDS THROUGH INDIVIDUAL INCOME TAX RETURNS, SO AS TO AUTHORIZE CONTRIBUTIONS TO THE FINANCIAL LITERACY TRUST; TO REPEAL SECTIONS 59-29-420 AND 59-29-425, BOTH RELATING TO A FINANCIAL LITERACY FUND; AND TO PROVIDE THE INTENT.

Very respectfully,
President
Received as information.

Rep. HARRISON moved that the Committee of Conference on the following Joint Resolution be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:

S. 1031 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Ford and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE THAT PRIVATE PROPERTY MUST NOT BE CONDEMNED BY EMINENT DOMAIN FOR ANY PURPOSE OR BENEFIT INCLUDING, BUT NOT LIMITED TO, THE PURPOSE OR BENEFIT OF ECONOMIC DEVELOPMENT, UNLESS THE CONDEMNATION IS FOR PUBLIC USE, EXCEPT THAT IN THE INSTANCE OF THE EXERCISE OF EMINENT DOMAIN FOR THE LIMITED PURPOSE OF REMEDYING BLIGHT, THE GENERAL ASSEMBLY MAY PROVIDE FOR THE PRIVATE USE OF CONDEMNED PROPERTY UNDER CERTAIN CONDITIONS; AND PROPOSING AMENDMENTS TO ARTICLE I, SECTION 17, AND ARTICLE XIV, SECTION 5, RELATING TO TREASON AND THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER AND CHEROKEE, SPARTANBURG, YORK, FLORENCE, GREENVILLE, CHARLESTON, RICHLAND, AND LAURENS COUNTIES, SO AS TO DELETE THOSE PROVISIONS.
The yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Bailey                 Bales                  Bannister
Battle                 Bingham                Bowers
Brady                  Branham                Breeland
G. Brown               J. Brown               R. Brown
Cato                   Chellis                Clemmons
Clyburn                Cobb-Hunter            Coleman
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Emory
Funderburk             Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Haskins                Hayes
Hinson                 Hiott                  Hodges
Hosey                  Howard                 Huggins
Jefferson              Jennings               Kirsh
Leach                  Limehouse              Littlejohn
Mack                   Mahaffey               Martin
McCraw                 McLeod                 Miller
Mitchell               Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Norman
Ott                    Owens                  Parks
E. H. Pitts            Rhoad                  Rice
Rutherford             Sandifer               Scarborough
Scott                  Simrill                Sinclair
Skelton                G. M. Smith            G. R. Smith
J. R. Smith            Taylor                 Thompson
Toole                  Umphlett               Vaughn
Viers                  Walker                 Whipper
White                  Whitmire               Witherspoon
Young

Those who voted in the negative are:

Ballentine             Duncan                 Edge
Herbkersman            Kennedy                Loftis
Merrill                M. A. Pitts            Rivers
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 appointed Reps. HARRISON, EDGE and COLEMAN to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

S. 1031 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Ford and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE THAT PRIVATE PROPERTY SHALL NOT BE CONDEMNED BY EMINENT DOMAIN FOR ANY PURPOSE OR BENEFIT, INCLUDING, BUT NOT LIMITED TO, THE PURPOSE OR BENEFIT OF ECONOMIC DEVELOPMENT, UNLESS THE CONDEMNATION IS FOR PUBLIC USE.

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 joint resolution, as and if amended, by striking all after the enacting words and inserting the following:

/   SECTION   1.     A.     It is proposed that Section 13, Article I of the Constitution of this State be amended to read:

"Section 13.   (A)   Except as otherwise provided in this Constitution, private property shall not be taken for private use without the consent of the owner, nor for public use without just compensation being first made therefor for the property. Private property shall not be condemned by eminent domain for any purpose or benefit, including, but not limited to, the purpose or benefit of economic development, unless the condemnation is for public use.

(B)   For the limited purpose of the remedy of blight, the General Assembly may provide by law that improved or unimproved private property that constitutes a danger to the safety and health of the community by reason of lack of ventilation, light, and sanitary facilities, dilapidation, deleterious land use, or any combination of these factors may be condemned by eminent domain without the consent of the owner and put to a public use or private use if just compensation is made for the property."
B.     It is proposed that Section 17, Article I of the Constitution of this State be amended to read:

"Section 17.   Treason against the State shall consist alone in levying war or in giving aid and comfort to enemies against the State. No person shall be held guilty of treason, except upon testimony of at least two witnesses to the same overt act, or upon confession in open court. Provided, however, that the General Assembly may provide by law that any incorporated municipality in Sumter County or any housing or redevelopment authority now or hereafter established in the county may undertake and carry out slum clearance and redevelopment work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for reuse and the sale or disposition of such areas to private enterprise for private uses, or to public bodies for public uses. Any such work shall constitute a governmental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof. Provided, further, that just compensation be paid for all property and property rights so taken, including relocation costs. In cases of condemnation of land, where reuse is for private purposes, on which is located main underground subway systems, interstate toll lines, transmission lines, transformer vaults, gas pipelines or railroad main line trackage or other similar public utilities, the compensation to the public utility or railroad shall be the reasonable expense incurred in relocation of the systems, lines, vaults or trackage in addition to any other compensation to which it may be entitled by law. Provided, that the municipalities of Cherokee County may pursuant to statutory law, now existing or hereafter enacted, and acting through their municipal councils or through any housing or redevelopment authority, now or hereafter established, undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses, and to that end may exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Provided, further, that just compensation be paid for all property and property rights so taken. When land is condemned and reuse is for private purposes, and there is located thereon any main underground subway system, interstate toll lines, transmission lines, transformer vaults or railroad trackage, the compensation to any public utility or railroad shall include, in addition to any other compensation to which it may be entitled by law, the reasonable expense incurred in relocating such system, lines, vaults or trackage as may be affected by such taking. Provided, further, that in cases of condemnation of land, where reuse is for private purposes, the condemnee shall be given the first opportunity to purchase the land when it is sold by the condemnor for such reuse. Provided, further, that when land is purchased or condemned, or when right-of-way is vacated, and such land or right-of-way is reused for private purposes, and the relocation or rearrangement of any main underground subway system, telephone line, transmission line, transformer vault or railroad trackage is required because of such reuse, the public utility or railroad shall be compensated, but the total compensation to any public utility or railroad, in addition to any other compensation to which it may be entitled by law, for such relocation or rearrangement shall not exceed the reasonable expense incurred in relocating or rearranging the system, lines, vaults or trackage affected by such taking."
C.     It is proposed that Section 5, Article XIV of the Constitution of this State be amended to read:

"Section 5.   Slum clearance and redevelopment; acquisition of air rights and subsurface rights. Provided, the General Assembly may provide by law that any incorporated municipality in Spartanburg County, or any housing or redevelopment authority now existing or hereafter established to function in Spartanburg County, may undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses and to that end the General Assembly may delegate to such incorporated municipalities in Spartanburg County or to such authorities, the right to exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Provided, that the municipalities of York County may, pursuant to statutory law, now existing or hereafter enacted, and acting through their municipal councils or through any housing or redevelopment authority, now or hereafter established, undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses, and to that end may exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Provided, further, that just compensation be paid for all property and property rights so taken. In cases of condemnation of land, where reuse is for private purposes, on which is located main underground subway systems, interstate toll lines, transmission lines, transformer vaults, or railroad main line trackage, the total compensation to the public utility or railroad shall be the reasonable expense incurred in relocation of the systems, lines, vaults or trackage. Provided, further, that in cases of condemnation of land, where reuse is for private purposes, the condemnee shall be given the first opportunity to purchase the land when it is sold by the condemnor for such reuse. Notwithstanding the provisions of Article I, Section 17, restricting the exercise of the power of eminent domain to the acquisition of property for public use, Spartanburg County, any incorporated municipality, political subdivision or authority in Spartanburg County may acquire air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition of real estate, including eminent domain, and may dispose of air rights and subsurface rights regardless of how or for what purpose acquired, for private or public use by lease, mortgage, sale or otherwise. Air rights shall mean estates, rights and interests in the space above the surface of the ground or the surface of streets, roads or rights-of-way including access, support and other appurtenant rights required for the utilization thereof. Subsurface rights shall mean estates, rights and interests in the space below the surface of the ground or the surface of streets, roads or rights-of-way including access, support and other appurtenant rights required for the utilization thereof. Provided, that the municipalities of Florence County may, pursuant to statutory law, now existing or hereafter enacted, and acting through their municipal councils or through any housing or redevelopment authority, now or hereafter established, undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses, and to that end may exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Provided, further, that just compensation be paid for all property and property rights so taken. In cases of condemnation of land, where reuse is for private purposes, on which is located main underground subway systems, interstate toll lines, transmission lines, transformer vaults, or railroad main line trackage, the total compensation to the public utility or railroad shall be the reasonable expense incurred in relocation of the systems, lines, vaults or trackage. Provided, further, that in cases of condemnation of land, where reuse is for private purposes, the condemnee shall be given the first opportunity to purchase the land when it is sold by the condemnor for such reuse. Provided, that the General Assembly may provide by law that any incorporated municipality in Greenville County, or any housing or redevelopment authority now existing or hereafter established to function in Greenville County, may undertake and carry out slum clearance and redevelopment work in areas public or private (including streets and rights-of-way) designated by such municipality or authority and may prepare such areas for reuse, and may sell, lease, mortgage or otherwise dispose of such areas (including air rights over or subsurface rights under such areas, streets, roads or rights-of-way) to private enterprise for private use or to public bodies for public use and to that end the General Assembly may delegate to such incorporated municipalities in Greenville County or to such authority the right to exercise the power of eminent domain as to any property to effectuate the plan of slum clearance and redevelopment. Provided, however, that before any such acquisition occurs under the power of eminent domain, a plan of redevelopment including such property shall be approved, after public hearing thereon, by the governing body of the municipality, as to property within the corporate limits of such municipality, or by the Greenville County Council, as to property not within the corporate limits of any municipality, or by such other body as the General Assembly may designate. Notwithstanding the provisions of Article I, Section 17, restricting the exercise of the power of eminent domain to the acquisition of property for public use, Greenville County, any incorporated municipality, political subdivision or authority in Greenville County may acquire air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition of real estate, including eminent domain, and may dispose of air rights and subsurface rights regardless of how or for what purpose acquired, for private or public use by lease, mortgage, sale or otherwise. Air rights shall mean estates, rights and interests in the space above the surface of the ground or the surface of streets, roads or rights-of-way including access, support and other appurtenant rights required for the utilization thereof. Subsurface rights shall mean estates, rights and interests in the space below the surface of the ground or the surface of streets, roads or rights-of-way including access, support and other appurtenant rights required for the utilization thereof. Provided, that the General Assembly may provide by law that any incorporated municipality in Charleston County, or any housing or redevelopment authority now existing or hereafter established to function in Charleston County, may undertake and carry out slum clearance and redevelopment work in areas public or private (including streets and rights-of-way) designated by such municipality or authority and may prepare such areas for reuse, and may sell, lease, mortgage or otherwise dispose of such areas (including air rights over or subsurface rights under such areas, streets, roads or rights-of-way) to private enterprise for private use or to public bodies for public use and to that end the General Assembly may delegate to such incorporated municipalities in Charleston County or to such authority the right to exercise the power of eminent domain as to any property to effectuate the plan of slum clearance and redevelopment. Provided, however, that before any such acquisition occurs under the power of eminent domain, a plan of redevelopment including such property shall be approved, after public hearing thereon, by the governing body of the municipality, as to property within the corporate limits of such municipality, or by the Charleston County Council, as to property not within the corporate limits of any municipality, or by such other body as the General Assembly may designate. Provided, that the General Assembly may provide by law that any incorporated municipality in Richland County, or any housing or redevelopment authority now existing or hereafter established to function in Richland County, may undertake and carry out slum clearance and redevelopment work in areas public or private (including streets and rights-of-way) designated by such municipality or authority and may prepare such areas for reuse, and may sell, lease, mortgage or otherwise dispose of such areas (including air rights over or subsurface rights under such areas, streets, roads or rights-of-way) to private enterprise for private use or to public bodies for public use and to that end the General Assembly may delegate to such incorporated municipalities in Richland County or to such authority the right to exercise the power of eminent domain as to any property to effectuate the plan of slum clearance and redevelopment. Provided, however, that before any such acquisition occurs under the power of eminent domain, a plan of redevelopment including such property shall be approved, after public hearing thereon, by the governing body of the municipality, as to property within the corporate limits of such municipality, or by the County Council for Richland County, as to the property not within the corporate limits of any municipality, or by such other body as the General Assembly may designate. Provided, the General Assembly may provide by law that any incorporated municipality in Laurens County, or any housing or redevelopment authority now existing or hereafter established to function in the county, may undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses and to that end the General Assembly may delegate to such incorporated municipalities in Laurens County or to such authorities the right to exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment, including the acquisition of air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition of real estate and may dispose of air rights and subsurface rights regardless of how or for what purpose acquired, for private or public use by lease, mortgage, sale or otherwise. Air rights shall mean estates, rights and interests in the space above the surface of the ground or the surface of streets, roads or rights-of-way, including access, support and other appurtenant rights required for the utilization thereof. Subsurface rights shall mean estates, rights and interest in the space below the surface of the ground or the surface of streets, roads or rights-of-way, including access, support and other appurtenant rights required for the utilization thereof. In cases of condemnation of land on which are located underground subway systems, interstate toll lines, transmission lines, transformer vaults or railroad line trackage, the total compensation to the public utility or railroad shall be the reasonable expense incurred in relocation of the systems, lines, vaults or trackage. Reserved."

SECTION   2.   The proposed amendments in SECTION 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 13, Article I of the Constitution of this State be amended so as to provide that except as otherwise provided in the Constitution, private property shall not be condemned by eminent domain for any purpose or benefit, including, but not limited to, the purpose or benefit of economic development, unless the condemnation is for public use; and to further provide that for the limited purpose of the remedy of blight, the General Assembly may provide by law that private property may be condemned by eminent domain without the consent of the owner and put to a public use or private use if just compensation is made for the property and if the property meets certain conditions; and must Section 17, Article I of the Constitution of this State be amended to delete undesignated paragraphs that give slum clearance and redevelopment power to municipalities and housing or redevelopment authorities in Sumter and Cherokee Counties; and must the Constitution of this State be amended to delete Section 5, Article XIV, which provides slum clearance and redevelopment power over blighted properties to municipalities and housing or redevelopment authorities in Spartanburg, York, Florence, Greenville, Charleston, Richland, and Laurens Counties?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Amend title to conform.

Sen. C.K. "Greg" Gregory          Rep. James H. Harrison
Sen. Vincent A.  Sheheen          Rep. Creighton B. Coleman
Sen. G.E. "Chip" Campsen          Rep. Tracy R. Edge
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.

The Report of the Committee of Free Conference having been adopted by both Houses, and this Joint Resolution having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.

The following was received:

Columbia, S.C., June 14, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on H. 3882 and the report having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification:

H. 3882 (Word version) -- Reps. Harrell and Clark: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ALLOW YEAR OF MANUFACTURE LICENSE PLATES TO SERVE AS THE OFFICIAL LICENSE PLATES FOR CERTAIN MOTOR VEHICLES.

Very respectfully,
President
Received as information.

The COMMITTEE OF CONFERENCE, to whom was referred:

S. 1029 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Anderson, Ford and Knotts: A JOINT RESOLUTION TO CREATE AN EMINENT DOMAIN STUDY COMMITTEE TO REVIEW THE CONDEMNATION AUTHORITY OF ALL ENTITIES THAT POSSESS THE POWER OF EMINENT DOMAIN IN SOUTH CAROLINA AND TO RECOMMEND LEGISLATIVE CHANGES, IF APPROPRIATE.

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 joint resolution, as and if amended, by striking all after the enacting words and inserting therein the following:

/   SECTION   1.   (A)(1)   A South Carolina Eminent Domain Study Committee is created to (a) review the condemnation authority exercised by any state agency, local government, joint agency, regional authority, political subdivision, or other entity that possesses the power of eminent domain in this State and evaluate if each entity's exercise of its condemnation authority meets or exceeds the constitutional, statutory, and case law requirements, (b) study the effects regulatory takings and governmental policy decisions have upon private property values and the ability of private property owners to retain their property, and (c) consider if the constitutional and statutory provisions concerning condemnation of blighted property and slum clearance and redevelopment need revision.

(2)   The study committee shall make a report of its findings to the General Assembly. The report may include recommendations, if appropriate, for legislative changes. In preparing its report, the study committee must request, receive, and consider (a) testimony and written materials submitted by the entities that possess the power of eminent domain or by a public authority that exercises power affecting private property, and (b) information solicited from or provided by experts and interested persons in the fields of eminent domain and private property rights.

(B)   The study committee must be composed of nine members: the Chairman of the Senate Judiciary Committee shall appoint three members, who must be Senators; the Chairman of the House Judiciary Committee shall appoint three members, who must be members of the House of Representatives; and the Governor shall appoint three members.

(C)   The study committee shall render its report and recommendations to the Chairman of the Senate Judiciary Committee, the Chairman of the House Judiciary Committee, and the Governor no later than March 15, 2007, at which time the study committee must be dissolved.

(D)   Members of the study committee shall serve until their successors are appointed and qualify, and vacancies must be filled for the remainder of the unexpired term in the manner of original appointment.

(E)   The study committee must be co-chaired by the senior member of the Senate and the senior member of the House of Representatives serving on the study committee. Notwithstanding the provisions of Section 8-13-770 of the 1976 Code, members of the General Assembly may be appointed to serve on this study committee.

(F)   The Chairman of the Senate Judiciary Committee and the Chairman of the House Judiciary Committee shall provide staffing for the study committee.

(G)   Members of the study committee may receive per diem, subsistence, and mileage as provided by law for members of state boards, committees, and commissions.     /

Amend title to conform.

Sen. C.K. "Greg" Gregory          Rep. James H. Harrison
Sen. Vincent A.  Sheheen          Rep. Creighton B. Coleman
Sen. G.E. "Chip" Campsen          Rep. Tracy R. Edge
On Part of the Senate.            On Part of the House.

Rep. HARRISON explained the Conference Report.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

The Report of the Committee of Conference having been adopted by both Houses, and this Joint Resolution having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.

Rep. HARRISON 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. 4503 (Word version) -- Reps. Edge, Harrison, Harrell, Merrill, Bingham, Young, Loftis, Perry, Haskins, Witherspoon, Bailey, Cato, Vaughn, Altman, Sandifer, G. R. Smith, Walker, Jefferson, Mack, Vick, Hardwick, Clemmons, Bales, Neilson, Mahaffey, Clark, Simrill, Viers, Duncan, Thompson, G. M. Smith, Lucas, M. A. Pitts, Rice, Hinson and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REFORM CERTAIN EMINENT DOMAIN PROCEDURES BY ADDING SECTION 4-9-32 SO AS TO PROVIDE FOR PROCEDURES REQUIRED OF A COUNTY BEFORE IT MAY EXERCISE EMINENT DOMAIN; BY ADDING SECTIONS 28-2-65 AND 28-2-67 SO AS TO PROVIDE THAT THE OWNER OF CONDEMNED PROPERTY HAS THE RIGHT OF FIRST REFUSAL TO REDEEM HIS PROPERTY IF THE CONDEMNING ENTITY DOES NOT USE THE PROPERTY FOR THE INTENDED PUBLIC USE OR IT CONTEMPLATES A SALE TO ANOTHER PARTY; BY ADDING SECTION 28-3-25 SO AS TO REQUIRE WRITTEN APPROVAL BEFORE CERTAIN PUBLIC BODIES MAY EXERCISE EMINENT DOMAIN; BY ADDING CHAPTER 4 TO TITLE 28 SO AS TO ENACT THE "JUST COMPENSATION FOR LAND USE RESTRICTIONS ACT" PROVIDING A PROCESS FOR CALCULATING AND OBTAINING JUST COMPENSATION WHEN A LAND USE REGULATION AFFECTS A LAND'S VALUE; BY ADDING SECTION 31-7-26 SO AS TO PROVIDE THAT THE TAX INCREMENT FINANCING ACT (TIF) FOR COUNTIES DOES NOT APPLY TO AGRICULTURAL REAL PROPERTY; TO AMEND SECTION 4-9-30, RELATING TO A COUNTY'S AUTHORITY TO EXERCISE EMINENT DOMAIN, SO AS TO LIMIT THE EXERCISE OF EMINENT DOMAIN FOR SLUM CLEARANCE AND REDEVELOPMENT OF A BLIGHTED AREA BY A COUNTY; TO AMEND SECTION 5-7-50, RELATING TO A MUNICIPALITY'S AUTHORITY TO EXERCISE EMINENT DOMAIN, SO AS TO LIMIT THE EXERCISE OF EMINENT DOMAIN FOR SLUM CLEARANCE AND REDEVELOPMENT OF A BLIGHTED AREA AND TO PROVIDE REQUIRED PROCEDURES BEFORE THE EXERCISE; TO AMEND SECTION 28-2-30, RELATING TO DEFINITIONS FOR PURPOSES OF EXERCISING EMINENT DOMAIN, SO AS TO DEFINE "BLIGHTED", "JUST COMPENSATION", AND "PUBLIC USE"; TO AMEND SECTIONS 28-3-20 AND 28-3-30, BOTH RELATING TO STATE AUTHORITIES WITH EMINENT DOMAIN POWER, SO AS TO SPECIFY PUBLIC ENTITIES OTHER THAN COUNTIES AND MUNICIPALITIES INCLUDING CERTAIN INSTITUTIONS OF HIGHER LEARNING, THE STATE PORTS AUTHORITY, AND THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 31-7-30, AS AMENDED, RELATING TO TIF FOR COUNTIES, SO AS TO DEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED"; BY ADDING SECTION 6-33-25, RELATING TO TIF FOR MUNICIPALITIES, SO AS TO EXCLUDE AGRICULTURAL PROPERTY FROM ITS PROVISIONS; TO AMEND SECTION 6-33-30, RELATING TO TIF FOR MUNICIPALITIES, SO AS TO DEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED"; BY ADDING SECTION 31-6-25, RELATING TO TIF FOR REDEVELOPMENT PROJECTS, SO AS TO EXCLUDE AGRICULTURAL PROPERTY FROM ITS PROVISIONS; AND TO AMEND SECTION 31-6-30, AS AMENDED, RELATING TO TIF FOR REDEVELOPMENT PROJECTS, SO AS TO REDEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED" AREAS.

The yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Bailey                 Bales                  Ballentine
Bannister              Battle                 Bowers
Brady                  Branham                Breeland
G. Brown               J. Brown               R. Brown
Cato                   Chellis                Clyburn
Cobb-Hunter            Coleman                Cooper
Cotty                  Dantzler               Davenport
Delleney               Emory                  Funderburk
Hagood                 Haley                  Harrell
Harrison               Hayes                  Hinson
Hiott                  Hodges                 Hosey
Jefferson              Jennings               Kirsh
Leach                  Limehouse              Littlejohn
Mack                   Mahaffey               Martin
McCraw                 Miller                 Mitchell
Moody-Lawrence         Neilson                Norman
Ott                    Owens                  Parks
Pinson                 Rice                   Rutherford
Sandifer               Scarborough            Scott
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Stewart                Taylor
Townsend               Vaughn                 Walker
Weeks                  White                  Whitmire
Young

Those who voted in the negative are:

Barfield               Bingham                Clemmons
Duncan                 Edge                   Hardwick
Herbkersman            Huggins                Kennedy
Loftis                 McLeod                 Merrill
J. H. Neal             E. H. Pitts            M. A. Pitts
Rivers                 Thompson               Toole
Umphlett               Viers                  Whipper
Witherspoon

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was rejected.

The following was received:

Columbia, S.C., June 14, 2006
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. 428, H. 4723 by a vote of 40 to 5:

(R428, H4723 (Word version)) -- Reps. Mitchell, Whipper, Davenport, Moody-Lawrence, Hosey, J.H. Neal, Haley, Breeland, Kennedy, Hodges, Haskins, Rivers, Mack, Allen, Ballentine, Bannister, Barfield, Battle, Bowers, Branham, J. Brown, R. Brown, Cato, Ceips, Chalk, Clyburn, Cobb-Hunter, Emory, Funderburk, Hamilton, Howard, Jefferson, Leach, Limehouse, Littlejohn, Mahaffey, J.M. Neal, Neilson, Parks, Perry, Phillips, F.N. Smith, J.E. Smith, W.D. Smith, Tripp, Viers, Weeks and Harvin: AN ACT TO CREATE A SOUTH CAROLINA AFFORDABLE HOUSING STUDY COMMITTEE COMPRISED OF INDIVIDUALS FROM A VARIETY OF DISCIPLINES WHO ARE TRAINED AND KNOWLEDGEABLE IN AFFORDABLE HOUSING NEEDS AND WHOSE PURPOSE IS TO RECOMMEND LEGISLATIVE CHANGES, IF APPROPRIATE TO THE GOVERNOR AND GENERAL ASSEMBLY, RELATED TO AFFORDABLE HOUSING ISSUES IN THE STATE, AND TO PROVIDE FOR ITS DISSOLUTION UPON THE FILING OF IT RECOMMENDATIONS.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., June 14, 2006
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 Fair, Hutto and Grooms of the Committee of Free Conference on the part of the Senate on S. 613:

S. 613 (Word version) -- Senators Fair and Hutto: A BILL TO AMEND SECTION 56-3-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VEHICLES CLASSIFIED AS PRIVATE PASSENGER MOTOR VEHICLES, SO AS TO REVISE THE TYPE OF VEHICLES THAT ARE CLASSIFIED AS PRIVATE PASSENGER MOTOR VEHICLES; TO AMEND SECTION 56-3-8000, RELATING TO THE ISSUANCE OF NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES, SO AS TO REVISE THE PROCEDURE WHEREBY THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES; TO AMEND SECTION 56-3-8100, RELATING TO THE PRODUCTION AND DISTRIBUTION OF SPECIAL LICENSE PLATES, SO AS TO REVISE THE PRODUCTION AND DISTRIBUTION PROCEDURE; TO AMEND SECTION 56-3-8200, RELATING TO THE ISSUANCE OF ROTARY INTERNATIONAL SPECIAL LICENSE PLATES, SO AS TO REVISE THE FEE FOR THIS SPECIAL LICENSE PLATE; TO AMEND SECTION 56-3-8300, RELATING TO HE ISSUANCE OF MARINE CORPS LEAGUE SPECIAL LICENSE PLATES, SO AS TO REVISE THE FEE FOR THIS SPECIAL LICENSE PLATE AND ITS DISTRIBUTION; TO AMEND SECTION 56-3-5400, RELATING TO THE ISSUANCE OF FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES, SO AS TO SPECIFY WHICH INDIVIDUALS MAY OBTAIN AND DISPLAY THIS SPECIAL LICENSE PLATES AND TO PROVIDE A PENALTY; TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLES 57, 59, 63, 64, 65, 66, 67, 68, 69, AND 75, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "UNITED STATES NAVAL ACADEMY SPECIAL LICENSE PLATES", "UNITED STATES AIR FORCE ACADEMY SPECIAL LICENSE PLATES", "SUPPORT OUR TROOPS SPECIAL LICENSE PLATES", "EMERGENCY MEDICAL SERVICE SPECIAL LICENSE PLATES", "BOY SCOUTS OF AMERICA SPECIAL LICENSE PLATES", "NATIVE AMERICAN SPECIAL LICENSE PLATES", "SOUTH CAROLINA PEACH COUNCIL SPECIAL LICENSE PLATES", "KOREAN WAR VETERANS SPECIAL LICENSE PLATES", "CANCER RESEARCH CENTERS OF THE CAROLINA SPECIAL LICENSE PLATES", AND SOUTH CAROLINA AQUARIUM SPECIAL LICENSE PLATES".

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., June 14, 2006
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 S. 613:

S. 613 (Word version) -- Senators Fair and Hutto: A BILL TO AMEND SECTION 56-3-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VEHICLES CLASSIFIED AS PRIVATE PASSENGER MOTOR VEHICLES, SO AS TO REVISE THE TYPE OF VEHICLES THAT ARE CLASSIFIED AS PRIVATE PASSENGER MOTOR VEHICLES; TO AMEND SECTION 56-3-8000, RELATING TO THE ISSUANCE OF NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES, SO AS TO REVISE THE PROCEDURE WHEREBY THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES; TO AMEND SECTION 56-3-8100, RELATING TO THE PRODUCTION AND DISTRIBUTION OF SPECIAL LICENSE PLATES, SO AS TO REVISE THE PRODUCTION AND DISTRIBUTION PROCEDURE; TO AMEND SECTION 56-3-8200, RELATING TO THE ISSUANCE OF ROTARY INTERNATIONAL SPECIAL LICENSE PLATES, SO AS TO REVISE THE FEE FOR THIS SPECIAL LICENSE PLATE; TO AMEND SECTION 56-3-8300, RELATING TO HE ISSUANCE OF MARINE CORPS LEAGUE SPECIAL LICENSE PLATES, SO AS TO REVISE THE FEE FOR THIS SPECIAL LICENSE PLATE AND ITS DISTRIBUTION; TO AMEND SECTION 56-3-5400, RELATING TO THE ISSUANCE OF FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES, SO AS TO SPECIFY WHICH INDIVIDUALS MAY OBTAIN AND DISPLAY THIS SPECIAL LICENSE PLATES AND TO PROVIDE A PENALTY; TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLES 57, 59, 63, 64, 65, 66, 67, 68, 69, AND 75, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "UNITED STATES NAVAL ACADEMY SPECIAL LICENSE PLATES", "UNITED STATES AIR FORCE ACADEMY SPECIAL LICENSE PLATES", "SUPPORT OUR TROOPS SPECIAL LICENSE PLATES", "EMERGENCY MEDICAL SERVICE SPECIAL LICENSE PLATES", "BOY SCOUTS OF AMERICA SPECIAL LICENSE PLATES", "NATIVE AMERICAN SPECIAL LICENSE PLATES", "SOUTH CAROLINA PEACH COUNCIL SPECIAL LICENSE PLATES", "KOREAN WAR VETERANS SPECIAL LICENSE PLATES", "CANCER RESEARCH CENTERS OF THE CAROLINA SPECIAL LICENSE PLATES", AND SOUTH CAROLINA AQUARIUM SPECIAL LICENSE PLATES".

Very respectfully,
President
Received as information.

The Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.

The following was received:

Columbia, S.C., June 14, 2006
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. 4503:

H. 4503 (Word version) -- Reps. Edge, Harrison, Harrell, Merrill, Bingham, Young, Loftis, Perry, Haskins, Witherspoon, Bailey, Cato, Vaughn, Altman, Sandifer, G. R. Smith, Walker, Jefferson, Mack, Vick, Hardwick, Clemmons, Bales, Neilson, Mahaffey, Clark, Simrill, Viers, Duncan, Thompson, G. M. Smith, Lucas, M. A. Pitts, Rice, Hinson and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REFORM CERTAIN EMINENT DOMAIN PROCEDURES BY ADDING SECTION 4-9-32 SO AS TO PROVIDE FOR PROCEDURES REQUIRED OF A COUNTY BEFORE IT MAY EXERCISE EMINENT DOMAIN; BY ADDING SECTIONS 28-2-65 AND 28-2-67 SO AS TO PROVIDE THAT THE OWNER OF CONDEMNED PROPERTY HAS THE RIGHT OF FIRST REFUSAL TO REDEEM HIS PROPERTY IF THE CONDEMNING ENTITY DOES NOT USE THE PROPERTY FOR THE INTENDED PUBLIC USE OR IT CONTEMPLATES A SALE TO ANOTHER PARTY; BY ADDING SECTION 28-3-25 SO AS TO REQUIRE WRITTEN APPROVAL BEFORE CERTAIN PUBLIC BODIES MAY EXERCISE EMINENT DOMAIN; BY ADDING CHAPTER 4 TO TITLE 28 SO AS TO ENACT THE "JUST COMPENSATION FOR LAND USE RESTRICTIONS ACT" PROVIDING A PROCESS FOR CALCULATING AND OBTAINING JUST COMPENSATION WHEN A LAND USE REGULATION AFFECTS A LAND'S VALUE; BY ADDING SECTION 31-7-26 SO AS TO PROVIDE THAT THE TAX INCREMENT FINANCING ACT (TIF) FOR COUNTIES DOES NOT APPLY TO AGRICULTURAL REAL PROPERTY; TO AMEND SECTION 4-9-30, RELATING TO A COUNTY'S AUTHORITY TO EXERCISE EMINENT DOMAIN, SO AS TO LIMIT THE EXERCISE OF EMINENT DOMAIN FOR SLUM CLEARANCE AND REDEVELOPMENT OF A BLIGHTED AREA BY A COUNTY; TO AMEND SECTION 5-7-50, RELATING TO A MUNICIPALITY'S AUTHORITY TO EXERCISE EMINENT DOMAIN, SO AS TO LIMIT THE EXERCISE OF EMINENT DOMAIN FOR SLUM CLEARANCE AND REDEVELOPMENT OF A BLIGHTED AREA AND TO PROVIDE REQUIRED PROCEDURES BEFORE THE EXERCISE; TO AMEND SECTION 28-2-30, RELATING TO DEFINITIONS FOR PURPOSES OF EXERCISING EMINENT DOMAIN, SO AS TO DEFINE "BLIGHTED", "JUST COMPENSATION", AND "PUBLIC USE"; TO AMEND SECTIONS 28-3-20 AND 28-3-30, BOTH RELATING TO STATE AUTHORITIES WITH EMINENT DOMAIN POWER, SO AS TO SPECIFY PUBLIC ENTITIES OTHER THAN COUNTIES AND MUNICIPALITIES INCLUDING CERTAIN INSTITUTIONS OF HIGHER LEARNING, THE STATE PORTS AUTHORITY, AND THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 31-7-30, AS AMENDED, RELATING TO TIF FOR COUNTIES, SO AS TO DEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED"; BY ADDING SECTION 6-33-25, RELATING TO TIF FOR MUNICIPALITIES, SO AS TO EXCLUDE AGRICULTURAL PROPERTY FROM ITS PROVISIONS; TO AMEND SECTION 6-33-30, RELATING TO TIF FOR MUNICIPALITIES, SO AS TO DEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED"; BY ADDING SECTION 31-6-25, RELATING TO TIF FOR REDEVELOPMENT PROJECTS, SO AS TO EXCLUDE AGRICULTURAL PROPERTY FROM ITS PROVISIONS; AND TO AMEND SECTION 31-6-30, AS AMENDED, RELATING TO TIF FOR REDEVELOPMENT PROJECTS, SO AS TO REDEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED" AREAS.

Very respectfully,
President
Received as information.

Rep. HARRISON 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. 4503 (Word version) -- Reps. Edge, Harrison, Harrell, Merrill, Bingham, Young, Loftis, Perry, Haskins, Witherspoon, Bailey, Cato, Vaughn, Altman, Sandifer, G. R. Smith, Walker, Jefferson, Mack, Vick, Hardwick, Clemmons, Bales, Neilson, Mahaffey, Clark, Simrill, Viers, Duncan, Thompson, G. M. Smith, Lucas, M. A. Pitts, Rice, Hinson and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REFORM CERTAIN EMINENT DOMAIN PROCEDURES BY ADDING SECTION 4-9-32 SO AS TO PROVIDE FOR PROCEDURES REQUIRED OF A COUNTY BEFORE IT MAY EXERCISE EMINENT DOMAIN; BY ADDING SECTIONS 28-2-65 AND 28-2-67 SO AS TO PROVIDE THAT THE OWNER OF CONDEMNED PROPERTY HAS THE RIGHT OF FIRST REFUSAL TO REDEEM HIS PROPERTY IF THE CONDEMNING ENTITY DOES NOT USE THE PROPERTY FOR THE INTENDED PUBLIC USE OR IT CONTEMPLATES A SALE TO ANOTHER PARTY; BY ADDING SECTION 28-3-25 SO AS TO REQUIRE WRITTEN APPROVAL BEFORE CERTAIN PUBLIC BODIES MAY EXERCISE EMINENT DOMAIN; BY ADDING CHAPTER 4 TO TITLE 28 SO AS TO ENACT THE "JUST COMPENSATION FOR LAND USE RESTRICTIONS ACT" PROVIDING A PROCESS FOR CALCULATING AND OBTAINING JUST COMPENSATION WHEN A LAND USE REGULATION AFFECTS A LAND'S VALUE; BY ADDING SECTION 31-7-26 SO AS TO PROVIDE THAT THE TAX INCREMENT FINANCING ACT (TIF) FOR COUNTIES DOES NOT APPLY TO AGRICULTURAL REAL PROPERTY; TO AMEND SECTION 4-9-30, RELATING TO A COUNTY'S AUTHORITY TO EXERCISE EMINENT DOMAIN, SO AS TO LIMIT THE EXERCISE OF EMINENT DOMAIN FOR SLUM CLEARANCE AND REDEVELOPMENT OF A BLIGHTED AREA BY A COUNTY; TO AMEND SECTION 5-7-50, RELATING TO A MUNICIPALITY'S AUTHORITY TO EXERCISE EMINENT DOMAIN, SO AS TO LIMIT THE EXERCISE OF EMINENT DOMAIN FOR SLUM CLEARANCE AND REDEVELOPMENT OF A BLIGHTED AREA AND TO PROVIDE REQUIRED PROCEDURES BEFORE THE EXERCISE; TO AMEND SECTION 28-2-30, RELATING TO DEFINITIONS FOR PURPOSES OF EXERCISING EMINENT DOMAIN, SO AS TO DEFINE "BLIGHTED", "JUST COMPENSATION", AND "PUBLIC USE"; TO AMEND SECTIONS 28-3-20 AND 28-3-30, BOTH RELATING TO STATE AUTHORITIES WITH EMINENT DOMAIN POWER, SO AS TO SPECIFY PUBLIC ENTITIES OTHER THAN COUNTIES AND MUNICIPALITIES INCLUDING CERTAIN INSTITUTIONS OF HIGHER LEARNING, THE STATE PORTS AUTHORITY, AND THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 31-7-30, AS AMENDED, RELATING TO TIF FOR COUNTIES, SO AS TO DEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED"; BY ADDING SECTION 6-33-25, RELATING TO TIF FOR MUNICIPALITIES, SO AS TO EXCLUDE AGRICULTURAL PROPERTY FROM ITS PROVISIONS; TO AMEND SECTION 6-33-30, RELATING TO TIF FOR MUNICIPALITIES, SO AS TO DEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED"; BY ADDING SECTION 31-6-25, RELATING TO TIF FOR REDEVELOPMENT PROJECTS, SO AS TO EXCLUDE AGRICULTURAL PROPERTY FROM ITS PROVISIONS; AND TO AMEND SECTION 31-6-30, AS AMENDED, RELATING TO TIF FOR REDEVELOPMENT PROJECTS, SO AS TO REDEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED" AREAS.

The yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Bailey                 Bales                  Ballentine
Bannister              Barfield               Battle
Bowers                 Brady                  Breeland
G. Brown               Cato                   Chalk
Chellis                Clemmons               Coleman
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Emory
Funderburk             Hagood                 Haley
Hamilton               Harrell                Harrison
Haskins                Hayes                  Herbkersman
Hiott                  Jefferson              Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Mack                   Mahaffey
Martin                 McCraw                 McLeod
Miller                 Moody-Lawrence         J. M. Neal
Neilson                Owens                  Parks
Pinson                 Rhoad                  Rice
Sandifer               Scarborough            Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Stewart                Taylor                 Townsend
Vaughn                 Viers                  Walker
White                  Whitmire               Young

Those who voted in the negative are:

Bingham                J. Brown               R. Brown
Clyburn                Duncan                 Edge
Hardwick               Hodges                 Hosey
Huggins                Kennedy                Merrill
J. H. Neal             Norman                 E. H. Pitts
M. A. Pitts            Scott                  Thompson
Toole                  Umphlett               Witherspoon

So, Free Conference Powers were rejected.

The SPEAKER appointed Reps. LEACH, DANTZLER and FUNDERBURK of a committee to notify the Governor that the House had completed their work and was ready to adjourn Sine Die.

The SPEAKER appointed Reps. MERRILL, COLEMAN and HARRISON of a committee to notify the Senate that the House had completed their work and was ready to adjourn Sine Die.

The following was received:

Columbia, S.C., June 14, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has reconsidered the vote whereby the Senate sustained the veto and subsequently overrode the veto by the Governor on R. 377, H. 4622 by a vote of 32 to 9:

(R377) H. 4622 (Word version) -- Reps. Walker, Cato, Harrell, Bingham, Leach, Loftis, Tripp, Cooper, White, Townsend, Bales, Battle and Dantzler: AN ACT TO AMEND SECTION 38-77-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORM TO BE USED WHEN OPTIONAL AUTOMOBILE INSURANCE COVERAGES ARE OFFERED TO AN INSURED, SO AS TO PROVIDE THAT THE FORM MUST NOT NECESSARILY BE COMPLETED BY THE INSURED, BUT MUST BE SIGNED BY THE INSURED TO BE USED AS EVIDENCE OF INFORMED SELECTION; TO AMEND SECTION 38-55-75, RELATING TO CONFIDENTIALITY OF INFORMATION RECEIVED BY THE DEPARTMENT OF INSURANCE, SO AS TO REFER TO INFORMATION RECEIVED FROM STATE, FEDERAL, AND FOREIGN REGULATORY OFFICIALS; AND TO AMEND SECTION 38-77-140, RELATING TO GENERAL REQUIREMENTS OF POLICIES COVERING BODILY INJURY AND PROPERTY DAMAGE, SO AS TO INCREASE THE MINIMUM REQUIREMENTS FOR POLICIES ISSUED OR RENEWED AFTER JANUARY 1, 2007.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., June 14, 2006
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. 433, H. 4812 veto No. 1, by a vote of 44 to 1:

(R433, H4812 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2005-2006.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., June 14, 2006
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. 433, H. 4812, veto No. 2 by a vote of 44 to 1:

(R433, H4812 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2005-2006.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., June 14, 2006
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. 433, H. 4812, veto No. 3 by a vote of 44 to 1:

(R433, H4812 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2005-2006.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., June 14, 2006
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. 433, H. 4812, veto No. 4 by a vote of 44 to 1:

(R433, H4812 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2005-2006.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., June 14, 2006
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. 433, H. 4812, veto No. 5 by a vote of 44 to 1:

(R433, H4812 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2005-2006.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., June 14, 2006
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. 433, H. 4812, veto No. 6 by a vote of 43 to 2:

(R433, H4812 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2005-2006.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., June 14, 2006
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. 433, H. 4812, veto No. 7 by a vote of 44 to 1:

(R433, H4812 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2005-2006.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., June 14, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 414, H. 4410 by a vote of 8 to 29:

(R414, H4410 (Word version)) -- Reps. Cotty and Brady: AN ACT TO AMEND SECTION 8-13-1510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT REQUIRED BY THE ETHICS ACT, SO AS TO CAP THE FINE AT FIVE THOUSAND DOLLARS; AND TO AMEND SECTION 8-13-740, AS AMENDED, RELATING TO REPRESENTATION BY A PUBLIC OFFICIAL, MEMBER, OR EMPLOYEE BEFORE A GOVERNMENTAL ENTITY, SO AS TO PROVIDE FOR NOTICE OF A CONFLICT AND RECUSAL RATHER THAN THE RESIGNATION OF THE PUBLIC OFFICIAL.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., June 14, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 405, H. 3773 by a vote of 22 to 15:

(R405, H3773 (Word version)) -- Reps. Vick, W.D. Smith, Littlejohn, Agnew, Ballentine, Haley, Lucas, Ott, Hardwick, Witherspoon, Cobb-Hunter and Anderson: AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM SALES TAX THE GROSS PROCEEDS OF SALES OR SALES PRICE OF GOLD, SILVER, AND PLATINUM BULLION, AND COINS AND CURRENCY AND TO REQUIRE THE RETAILER TO MAINTAIN PROPER DOCUMENTATION AS REQUIRED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE FOR EACH EXEMPT SALE.

Very respectfully,
President
Received as information.

Rep. RHOAD moved that upon the completion of the Ratification of Acts and receipt of messages from the Senate, the House stand adjourned Sine Die, which was agreed to.

The Senate returned to the House with concurrence the following:

H. 4644 (Word version) -- Rep. Cooper: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGH SCHOOL LEAGUE TO SCHEDULE THE ANNUAL STATE HIGH SCHOOL FOOTBALL CHAMPIONSHIPS AT A FACILITY ON THE CAMPUS OF OTHER COLLEGES OR UNIVERSITIES WHICH MEET THE SAME SEATING CAPACITY AND OTHER CRITERIA AS THE WILLIAMS BRICE STADIUM AT THE UNIVERSITY OF SOUTH CAROLINA IN ORDER TO EXPOSE THE PARTICIPANTS IN THE EVENT TO OTHER COLLEGES AND UNIVERSITIES IN WHICH THEY MAY BE INTERESTED IN ATTENDING.

H. 5292 (Word version) -- Reps. G. M. Smith, Weeks, Coates and G. Brown: A CONCURRENT RESOLUTION TO HONOR NANCY BISHOP, DIRECTOR OF LEARNING RESOURCES AT CENTRAL CAROLINA TECHNICAL COLLEGE, FOR HER ACHIEVEMENTS IN BRINGING TECHNOLOGY TO THE CAMPUS AND TO CONGRATULATE HER FOR BEING HONORED AS THE A. WADE MARTIN INNOVATOR OF THE YEAR BY THE SOUTH CAROLINA TECHNICAL EDUCATION ASSOCIATION.

At 6:15 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R451, S. 613 (Word version)) -- Senators Fair and Hutto: AN ACT TO AMEND SECTION 56-3-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VEHICLES CLASSIFIED AS PRIVATE PASSENGER MOTOR VEHICLES, SO AS TO REVISE THE TYPE OF VEHICLES THAT ARE CLASSIFIED AS PRIVATE PASSENGER MOTOR VEHICLES; TO AMEND SECTION 56-3-8000, RELATING TO THE ISSUANCE OF NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES, SO AS TO REVISE THE PROCEDURE WHEREBY THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES; TO AMEND SECTION 56-3-8100, RELATING TO THE PRODUCTION AND DISTRIBUTION OF SPECIAL LICENSE PLATES, SO AS TO REVISE THE PRODUCTION AND DISTRIBUTION PROCEDURE; TO AMEND SECTION 56-3-8200, RELATING TO THE ISSUANCE OF ROTARY INTERNATIONAL SPECIAL LICENSE PLATES, SO AS TO REVISE THE FEE FOR THIS SPECIAL LICENSE PLATE; TO AMEND SECTION 56-3-8300, RELATING TO HE ISSUANCE OF MARINE CORPS LEAGUE SPECIAL LICENSE PLATES, SO AS TO REVISE THE FEE FOR THIS SPECIAL LICENSE PLATE AND ITS DISTRIBUTION; TO AMEND SECTION 56-3-5400, RELATING TO THE ISSUANCE OF FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES, SO AS TO SPECIFY WHICH INDIVIDUALS MAY OBTAIN AND DISPLAY THIS SPECIAL LICENSE PLATES AND TO PROVIDE A PENALTY; TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLES 57, 59, 63, 64, 65, 66, 67, 68, 69, AND 75, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "UNITED STATES NAVAL ACADEMY SPECIAL LICENSE PLATES", "UNITED STATES AIR FORCE ACADEMY SPECIAL LICENSE PLATES", "SUPPORT OUR TROOPS SPECIAL LICENSE PLATES", "EMERGENCY MEDICAL SERVICE SPECIAL LICENSE PLATES", "BOY SCOUTS OF AMERICA SPECIAL LICENSE PLATES", "NATIVE AMERICAN SPECIAL LICENSE PLATES", "SOUTH CAROLINA PEACH COUNCIL SPECIAL LICENSE PLATES", "KOREAN WAR VETERANS SPECIAL LICENSE PLATES", "CANCER RESEARCH CENTERS OF THE CAROLINA SPECIAL LICENSE PLATES", AND SOUTH CAROLINA AQUARIUM SPECIAL LICENSE PLATES".

(R452, S. 1029 (Word version)) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Anderson, Ford and Knotts: A JOINT RESOLUTION TO CREATE AN EMINENT DOMAIN STUDY COMMITTEE TO REVIEW THE CONDEMNATION AUTHORITY OF ALL ENTITIES THAT POSSESS THE POWER OF EMINENT DOMAIN IN SOUTH CAROLINA, THE EFFECT OF GOVERNMENTAL POLICY ON THE VALUE AND OWNERSHIP OF PRIVATE PROPERTY, AND THE NEED FOR REVISION OF CURRENT SLUM CLEARANCE AND REDEVELOPMENT USES OF EMINENT DOMAIN; AND TO PROVIDE FOR ITS MEMBERSHIP AND FOR ITS REPORT TO THE GENERAL ASSEMBLY OF ITS FINDINGS AND RECOMMENDATIONS.

(R453, S. 1031 (Word version)) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Ford and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE THAT PRIVATE PROPERTY MUST NOT BE CONDEMNED BY EMINENT DOMAIN FOR ANY PURPOSE OR BENEFIT INCLUDING, BUT NOT LIMITED TO, THE PURPOSE OR BENEFIT OF ECONOMIC DEVELOPMENT, UNLESS THE CONDEMNATION IS FOR PUBLIC USE; EXCEPT THAT IN THE INSTANCE OF THE EXERCISE OF EMINENT DOMAIN FOR THE LIMITED PURPOSE OF REMEDYING BLIGHT, THE GENERAL ASSEMBLY MAY PROVIDE FOR THE PRIVATE USE OF CONDEMNED PROPERTY UNDER CERTAIN CONDITIONS; AND PROPOSING AMENDMENTS TO ARTICLE I, SECTION 17, AND ARTICLE XIV, SECTION 5, RELATING TO TREASON AND THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER, CHEROKEE, SPARTANBURG, YORK, FLORENCE, GREENVILLE, CHARLESTON, RICHLAND, AND LAURENS COUNTIES, SO AS TO DELETE THOSE PROVISIONS.

(R454, H. 3882 (Word version)) -- Reps. Harrell and Clark: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ALLOW YEAR OF MANUFACTURE LICENSE PLATES TO SERVE AS THE OFFICIAL LICENSE PLATES FOR CERTAIN MOTOR VEHICLES.

(R455, H. 4735 (Word version)) -- Reps. Harrison and Jennings: AN ACT TO AMEND SECTION 44-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVALUATIONS FOR DETERMINING THE FITNESS OF A PERSON CHARGED WITH A CRIME TO STAND TRIAL, SO AS TO INCREASE FROM FIFTEEN DAYS TO THIRTY DAYS THE TIME WITHIN WHICH THE EVALUATION OF THE PERSON MUST BE COMPLETED AND TO AUTHORIZE THE EXAMINING ENTITY TO APPLY TO THE COURT FOR AN EXTENSION OF UP TO FIFTEEN DAYS; TO AMEND SECTION 44-23-420, RELATING TO THE FITNESS TO STAND TRIAL REPORT OF A DESIGNATED EXAMINER, SO AS TO INCREASE FROM FIVE TO TEN DAYS THE TIME WITHIN WHICH THE EXAMINER MUST SUBMIT THE REPORT; AND TO AMEND SECTION 44-23-430, RELATING TO COMPETENCY HEARINGS AND DISPOSITION OF CASES IN SUCH HEARINGS, SO AS TO DECREASE FROM SIXTY DAYS TO FOURTEEN DAYS THE TIME WITHIN WHICH THE SOLICITOR MUST INITIATE JUDICIAL COMMITMENT PROCEEDINGS FOR A PERSON FOUND TO BE UNFIT TO STAND TRIAL AND TO AUTHORIZE THE COURT TO CONTINUE THE PERSON IN DETENTION IF THE PERSON IS ALREADY DETAINED OR TO REMAIN ON BOND IF ALREADY ON BOND.

(R456, H. 5217 (Word version)) -- Rep. Rutherford: AN ACT TO PROVIDE THAT A GOLF CART MAY BE OPERATED ALONG CERTAIN PRIMARY HIGHWAYS IN RICHLAND COUNTY WITHIN A ONE-HALF-MILE RADIUS OF A SPORTING EVENT DURING CERTAIN HOURS, AND TO PROVIDE THAT DURING NIGHTTIME HOURS, THE GOLF CART MUST BE OPERATED WITH WORKING HEADLIGHTS AND TAIL LIGHTS.

At 6:30 p.m. the House, in accordance with the motion of Rep. RIVERS, adjourned Sine Die in memory of Lieutenant Colonel Curtis Smart of Ridgeland.

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