SENATE JOURNAL 06/14/2005 - South Carolina Legislature Online

South Carolina General Assembly
116th Session, 2005-2006
Journal of the Senate

Tuesday, June 14, 2005
(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT Pro Tempore.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, on this FLAG DAY, hear what the Psalmist has to say: Psalm 20:5:

"In the name of our God we will lift up our banner!"

Let us pray.

Father, in our hearts we have set up "our banners" - the
moral law as we call the TEN COMMANDMENTS given by Moses on Mount Sinai.

To that banner, we have added the SPIRIT of LOVE and a sense of obedience to our duty which enables the moral law to fulfill its purpose in an ordered, structured society.

Help us who make the Law for the welfare of our dear people - to manifest the Spirit that fulfills the LAW in the banner of all mankind - to the Glory of our God!
Amen!

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on Monday, June 6, 2005, at 4:00 P.M. and the following Acts and Joint Resolutions were ratified:

(R199, S. 286 (Word version)) -- Senator Hawkins: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN INMAN, SOUTH CAROLINA, TO THE TOWN OF INMAN; TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF THE LOCKHART NATIONAL GUARD ARMORY TO THE TOWN OF LOCKHART; AND TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER THE OWNERSHIP OF THE JONESVILLE NATIONAL GUARD ARMORY TO THE TOWN OF JONESVILLE.
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(R200, S. 618 (Word version)) -- Senators Alexander, Setzler, Short, Verdin and Knotts: AN ACT TO ENACT THE STATE RETIREMENT SYSTEM PRESERVATION AND INVESTMENT REFORM ACT BY AMENDING SECTIONS 8-11-620, AS AMENDED, AND 9-1-2210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LUMP-SUM PAYMENTS FOR UNUSED ANNUAL LEAVE FOR STATE EMPLOYEES AND THE TEACHER AND EMPLOYEE RETENTION INCENTIVE PROGRAM (TERI), SO AS TO DEFER THE LUMP-SUM PAYMENT OF UNUSED ANNUAL LEAVE FOR TERI PARTICIPANTS UNTIL THE TERMINATION OF TERI PARTICIPATION AND REVISE THE CALCULATION OF THE RETIREMENT BENEFIT FOR TERI PARTICIPANTS, PROVIDE FOR THE RECALCULATION OF THAT BENEFIT AT THE END OF TERI PARTICIPATION, AND REQUIRE TERI PARTICIPANTS TO MAKE SOUTH CAROLINA RETIREMENT SYSTEM (SCRS) EMPLOYEE CONTRIBUTIONS; TO ELIMINATE A LUMP-SUM PAYMENT FOR UNUSED ANNUAL LEAVE FOR RETIRED REEMPLOYED STATE EMPLOYEES; BY AMENDING SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, SO AS TO EXEMPT TERI PARTICIPANTS, REEMPLOYED STATE EMPLOYEES RETIRED FROM THE SCRS, AND THE CHIEF INVESTMENT OFFICER AND EMPLOYEES OF THE STATE RETIREMENT SYSTEM INVESTMENT COMMISSION ESTABLISHED BY THIS ACT; BY AMENDING SECTION 9-1-1020, AS AMENDED, RELATING TO EMPLOYEE CONTRIBUTIONS TO SCRS, SO AS TO INCREASE CONTRIBUTIONS; BY ADDING SECTION 9-1-1175 SO AS TO INCREASE SCRS EMPLOYER CONTRIBUTIONS; BY AMENDING SECTION 9-20-50, AS AMENDED, RELATING TO EMPLOYER AND EMPLOYEE CONTRIBUTIONS FOR PURPOSES OF THE STATE OPTIONAL RETIREMENT PROGRAM, SO AS TO CONFORM EMPLOYER CONTRIBUTIONS TO THE PROVISIONS OF SECTION 9-1-1175, AS ADDED BY THIS ACT; BY REPEALING SECTIONS 9-1-1200 AND 9-1-1220, RELATING TO SCRS EMPLOYER CONTRIBUTIONS; BY AMENDING SECTION 9-1-1770, AS AMENDED, RELATING TO THE SCRS DEATH BENEFIT, SO AS TO PROVIDE FOR COVERAGE FOR A RETIRED SCRS CONTRIBUTING MEMBER; BY AMENDING SECTION 9-1-1790, AS AMENDED, RELATING TO RETURN TO COVERED EMPLOYMENT OF SCRS RETIREES, SO AS TO ELIMINATE THE EARNINGS LIMIT, REDUCE THE PERIOD OF THE REQUIRED BREAK IN SERVICE, AND TO REQUIRE SCRS RETIREES IN COVERED EMPLOYMENT TO MAKE EMPLOYEE CONTRIBUTIONS; BY AMENDING SECTION 9-1-1810, AS AMENDED, RELATING TO SCRS BENEFIT COST-OF-LIVING ADJUSTMENTS, SO AS TO REQUIRE AN ANNUAL BENEFIT INCREASE EQUAL TO THE LESSER OF ONE PERCENT OR THE INCREASE IN THE CONSUMER PRICE INDEX AND PROVIDE THOSE CIRCUMSTANCES WHERE AN ADDITIONAL INCREASE, NOT TO EXCEED A TOTAL INCREASE OF FOUR PERCENT, MAY BE GRANTED; BY AMENDING SECTIONS 9-11-90 AND 9-11-120, BOTH AS AMENDED, RELATING TO THE RETURN OF RETIREES OF THE SOUTH CAROLINA POLICE OFFICER RETIREMENT SYSTEM (SCPORS) TO COVERED EMPLOYMENT AND THE PRERETIREMENT DEATH BENEFIT FOR SCPORS, SO AS TO REQUIRE SCPORS RETIREES IN COVERED EMPLOYMENT TO MAKE EMPLOYEE CONTRIBUTIONS AND PROVIDE FOR DEATH BENEFIT COVERAGE FOR A RETIRED SCPORS CONTRIBUTING MEMBER; BY AMENDING SECTIONS 9-1-10, AS AMENDED, 9-9-10, AS AMENDED, 9-11-10, AS AMENDED, AND 9-11-30, RELATING TO DEFINITIONS FOR PURPOSES OF SCRS, SCPORS, AND THE GENERAL ASSEMBLY RETIREMENT SYSTEM AND THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD WITH RESPECT TO SCPORS, SO AS TO ELIMINATE THE DISABILITY RETIREMENT MEDICAL BOARD AND PROVIDE FOR THE INTERPRETATION OF REFERENCES TO "MEDICAL BOARD"; BY REPEALING SECTIONS 9-1-220 AND 9-9-35, RELATING TO THE DISABILITY MEDICAL BOARD UNDER SCRS AND SCPORS; BY AMENDING SECTION 9-1-1310, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD AS TRUSTEE AND INVESTOR OF EQUITY-SECURITY ASSETS OF THE VARIOUS STATE RETIREMENT SYSTEMS, SO AS TO PROVIDE THAT THE BOARD SHALL SERVE AS TRUSTEE OF THESE SYSTEMS WITH ALL RESPONSIBILITIES FOR INVESTING ASSETS IN THE RETIREMENT SYSTEM INVESTMENT COMMISSION ESTABLISHED BY THIS ACT, PROVIDE THE INVESTMENTS ALLOWED FOR THESE ASSETS, AND PROVIDE THAT THESE ASSETS ARE NOT FUNDS OF THE STATE BUT ARE INSTEAD HELD IN TRUST AND SUBJECT TO THE MANAGEMENT AND INVESTING OF THE COMMISSION; BY AMENDING SECTION 9-1-1340, RELATING TO CONFLICTS OF INTEREST, SO AS TO CONFORM IT TO THE PROVISIONS OF THIS ACT; BY REPEALING SECTIONS 9-8-160, 9-9-150, AND 9-11-240, RELATING TO THE INVESTMENT OF FUNDS AND DUTIES OF THE STATE BUDGET AND CONTROL BOARD WITH RESPECT TO VARIOUS STATE RETIREMENT SYSTEMS; BY AMENDING ARTICLES 1 AND 3, CHAPTER 16 OF TITLE 9, RELATING TO THE DUTIES OF TRUSTEE, FIDUCIARIES, AND AGENTS FOR PURPOSES OF THE VARIOUS STATE RETIREMENT SYSTEMS AND THE ASSETS OF THE SYSTEMS AND THE INVESTMENT OF THE ASSETS OF THESE SYSTEMS, SO AS TO REVISE THE DUTIES OF THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL (SRSIP) AND ESTABLISH THE STATE RETIREMENT SYSTEM INVESTMENT COMMISSION (SRSIC), PROVIDE FOR ITS MEMBERSHIP, AND ITS DUTIES AS THE ENTITY CHARGED WITH THE INVESTMENT OF ALL ASSETS OF THE VARIOUS STATE RETIREMENT SYSTEMS, ITS EMPLOYMENT OF A CHIEF INVESTMENT OFFICER AND OTHER EMPLOYEES AND AGENTS, PROVIDE FOR THE COMMISSION'S FIDUCIARY STATUS AND THE FIDUCIARY STATUS OF ITS MEMBERS, THE CHIEF INVESTMENT OFFICER, AND ITS AGENTS, AND PROVIDE ADDITIONAL STANDARDS OF CONDUCT APPLICABLE TO THESE FIDUCIARIES AND SANCTIONS FOR VIOLATIONS, TO CONFORM EXISTING PROVISIONS RELATING TO FIDUCIARY DUTIES, RESPONSIBILITY FOR INVESTING, AND THE ANNUAL INVESTMENT PLAN, INCLUDING REPORTING REQUIREMENTS FOR THE ASSETS OF THE RETIREMENT SYSTEM AND THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD AS TRUSTEE AND THE DUTIES OF SRSIC AS INVESTOR-FIDUCIARY OF SYSTEM ASSETS TO THE PROVISIONS OF THIS ACT, TO REVISE THE ANNUAL INVESTMENT PLAN REQUIREMENTS WITH RESPECT TO MAXIMUM ASSET ALLOCATION TO EQUITY SECURITIES AND BROKERAGE TRANSACTIONS, AND TO PROVIDE THAT THE SRSIC SHALL STRIVE FOR MINORITY REPRESENTATION IN HIRING AND PROCUREMENT, BY EXPRESSING THE INTENT OF THE GENERAL ASSEMBLY THAT SRSIC MAXIMIZE THE RETURN ON SYSTEM ASSETS; BY AMENDING SECTION 30-4-70, AS AMENDED, RELATING TO MEETINGS WHICH MAY BE CLOSED TO THE PUBLIC, SO AS TO CONFORM IT TO THE ESTABLISHMENT OF THE SRSIC, AND TO PROVIDE EFFECTIVE DATES AS TO THE TIMES THE VARIOUS PROVISIONS OF THIS ACT TAKE EFFECT AND HOW THESE PROVISIONS AFFECT PARTICULAR GROUPS OF EMPLOYEES AND RETIREES, TO PROVIDE TRANSITION PROVISIONS, AND TO MAKE THE PROVISIONS OF THIS ACT SEVERABLE.
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(R201, S. 659 (Word version)) -- Senators Campsen, Scott, Alexander, Ryberg, J. Verne Smith, Mescher, Drummond, Knotts, Malloy, Bryant, Elliott, Grooms, Cromer, Hutto, Sheheen, Pinckney, Verdin, Short, Leventis, Hawkins, Fair, O'Dell, McGill and Peeler: AN ACT TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO REVISE THE PROCEDURES TO RENEW A CONCEALABLE WEAPONS PERMIT; AND TO AMEND CHAPTER 31, TITLE 23, RELATING TO FIREARMS, BY ADDING ARTICLE 8 SO AS TO PROVIDE CERTAIN DEFINITIONS, TO PROVIDE THAT AN AGENCY OR DEPARTMENT MUST ISSUE AN IDENTIFICATION CARD TO A PERSON WHO RETIRED FROM THAT AGENCY OR DEPARTMENT WHO IS A QUALIFIED RETIRED LAW ENFORCEMENT OFFICER, TO ALLOW THESE RETIRED OFFICERS TO CARRY A CONCEALED WEAPON UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT AN AGENCY OR DEPARTMENT THAT DOES NOT COMPLY WITH THIS PROVISION OF THIS SECTION IS NOT ELIGIBLE TO RECEIVE CERTAIN GRANTS AND IS NOT ENTITLED TO SEND INDIVIDUALS FOR TRAINING AND EDUCATION AT THE STATE CRIMINAL JUSTICE ACADEMY, TO PROVIDE THAT A REASONABLE FEE MAY BE CHARGED FOR THE ISSUANCE OF THE IDENTIFICATION CARD AND THAT AN AGENCY OR DEPARTMENT MUST PROVIDE THE RETIRED OFFICER THE OPPORTUNITY TO QUALIFY TO CARRY A FIREARM.
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(R202, H. 3296 (Word version)) -- Reps. Harrell, Wilkins, Leach, Lucas, Bales, G.R. Smith, J.R. Smith, Vaughn, Battle, Cobb-Hunter, Neilson, Clark, Skelton, Kirsh, Moody-Lawrence, Rice, Harrison, Haley, Harvin, Young, Cotty, Mack, J.E. Smith, Taylor, Clemmons, Tripp, Chalk, Breeland, Limehouse, Altman, Bailey, Ballentine, Barfield, Bingham, Ceips, Chellis, Dantzler, Delleney, Duncan, Frye, Hagood, Hardwick, Herbkersman, Hinson, Huggins, Jennings, Littlejohn, Martin, McGee, Norman, Ott, Perry, E.H. Pitts, Scarborough, Sinclair, D.C. Smith, Stewart, Toole, Townsend, Umphlett, Walker, Witherspoon, Brady, Mahaffey and R. Brown: AN ACT TO AMEND SECTION 12-28-1555, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE USE OF DYED MOTOR VEHICLE FUELS UNDER CERTAIN CIRCUMSTANCES, AND PENALTIES ASSOCIATED WITH VIOLATIONS OF THIS SECTION, SO AS TO PROVIDE THAT ALL FINES IMPOSED PURSUANT TO THIS SECTION MUST BE PLACED IN THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO AMEND SECTION 12-28-2355, AS AMENDED, RELATING TO BOTH THE INSPECTION FEE AND THE ENVIRONMENTAL IMPACT FEE CHARGED ON PETROLEUM PRODUCTS, SO AS TO PROVIDE THAT AFTER JUNE 30, 2005, TEN PERCENT OF THE INSPECTION FEE MUST BE TRANSMITTED TO THE DEPARTMENT OF REVENUE FOR CERTAIN PURPOSES AND THE REMAINDER OF THE FEE MUST BE PLACED IN THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO AMEND SECTION 12-28-2910, AS AMENDED, RELATING TO THE FUNDING AND FUNCTIONS OF THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO PROVIDE THAT ITS FUNDING PROVIDED FROM A PORTION OF THE GASOLINE USER FEE SHALL BE ELIMINATED OVER A THREE-YEAR PERIOD AND CREDITED TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO ADD SECTION 12-28-2915 SO AS TO PROVIDE THAT A PORTION OF THE TAXES ASSESSED AGAINST ELECTRIC POWER MUST BE PLACED IN THE ACCOUNT FOR ECONOMIC DEVELOPMENT AND A PORTION MUST BE CREDITED TO THE DEPARTMENT OF TRANSPORTATION FOR CERTAIN PURPOSES; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO THE ISSUANCE OF A BEGINNERS PERMIT, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF A BEGINNERS PERMIT MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED PURSUANT TO THE ISSUANCE OF A DRIVER'S LICENSE MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-1-200, AS AMENDED, RELATING TO OBTAINING A DUPLICATE OF A LOST OR DESTROYED DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED PURSUANT TO THE ISSUANCE OF A DUPLICATE DRIVER'S LICENSE MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-1-390, AS AMENDED, RELATING TO THE FEE CHARGED FOR THE REINSTATEMENT OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE PORTION OF THESE FEES THAT IS PLACED IN THE GENERAL FUND OF THE STATE MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-1-740, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE AND THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE PORTION OF THE FEES COLLECTED FROM THE ISSUANCE OF SPECIAL RESTRICTED DRIVER'S LICENSES THAT IS PLACED IN THE GENERAL FUND OF THE STATE MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-1-2090, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF COMMERCIAL DRIVER LICENSES MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-3-910, AS AMENDED, RELATING TO THE DISPOSITION OF CERTAIN MOTOR VEHICLE REGISTRATION AND LICENSING FEES AND PENALTIES, SO AS TO PROVIDE THESE FEES AND PENALTIES MUST BE CREDITED TO THE DEPARTMENT OF TRANSPORTATION WHICH MUST MAKE AN ANNUAL CONTRIBUTION FROM NONSTATE TAX SOURCES TO THE STATE HIGHWAY ACCOUNT OF THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK UNDER CERTAIN CONDITIONS; TO ADD SECTION 57-5-1625 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY AWARD HIGHWAY CONSTRUCTION CONTRACTS USING A DESIGN-BUILD PROCEDURE, AND TO PROVIDE THE CONTRACT SELECTION CRITERIA; TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO REVENUES RECEIVED BY THE DEPARTMENT OF TRANSPORTATION FOR ITS OPERATION, SO AS TO PROVIDE THAT THESE FUNDS MUST BE PLACED IN EITHER THE "STATE HIGHWAY FUND" OR THE "STATE NON-FEDERAL AID HIGHWAY FUND", AND TO PROVIDE THAT INTEREST INCOME FROM THE NON-FEDERAL AID HIGHWAY FUND MUST BE DEPOSITED TO THE CREDIT OF THE NON-FEDERAL AID HIGHWAY FUND; AND TO PROVIDE A DECLINING SCHEDULE OF PAYMENTS FOR THE DEPARTMENT OF TRANSPORTATION'S COST OF ADMINISTRATION.
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(R203, H. 3373 (Word version)) -- Reps. W.D. Smith, Walker, Sinclair, Davenport, Littlejohn, Mahaffey and Talley: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION ADJACENT TO INTERSTATE HIGHWAY 26, INTERSTATE HIGHWAY 85, AND INTERSTATE HIGHWAY 585 IN SPARTANBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
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(R204, H. 3813 (Word version)) -- Rep. Harrell: AN ACT TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 SO AS TO ESTABLISH UNDER THE ADMINISTRATION OF THE RETIREMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD THE NATIONAL GUARD RETIREMENT SYSTEM FORMERLY ADMINISTERED BY THE ADJUTANT GENERAL AND PROVIDE FOR THE ADMINISTRATION OF AND ASSET INVESTMENT OF THE NATIONAL GUARD RETIREMENT SYSTEM IN THE MANNER THAT OTHER STATE RETIREMENT SYSTEMS ARE ADMINISTERED AND THEIR ASSETS INVESTED; TO AMEND SECTION 9-1-310, RELATING TO PAYING THE ADMINISTRATIVE COSTS OF THE VARIOUS STATE RETIREMENT SYSTEMS, SO AS TO INCLUDE THE NATIONAL GUARD RETIREMENT SYSTEM FOR PURPOSES OF ADMINISTRATIVE COSTS; TO AMEND SECTION 9-21-20, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEMS CLAIMS PROCEDURES ACT, SO AS TO MAKE CONFORMING AMENDMENTS WITH RESPECT TO THE NATIONAL GUARD RETIREMENT SYSTEM AND TO INCLUDE THE OPTIONAL RETIREMENT PROGRAM IN APPROPRIATE DEFINITIONS; TO AMEND SECTION 9-16-10, RELATING TO DEFINITIONS FOR PURPOSES OF MANAGING AND INVESTING THE FUNDS OF THE VARIOUS STATE RETIREMENT SYSTEMS, SO AS TO INCLUDE THE NATIONAL GUARD RETIREMENT SYSTEM IN THE APPROPRIATE DEFINITION; AND TO REPEAL ARTICLE 23, CHAPTER 1, TITLE 25 OF THE 1976 CODE RELATING TO NATIONAL GUARD PENSIONS UNDER THE ADMINISTRATION OF THE ADJUTANT GENERAL.
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(R205, H. 3847 (Word version)) -- Rep. Harrell: AN ACT TO AMEND SECTION 11-11-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CAPITAL RESERVE FUND, SO AS TO REVISE WHEN APPROPRIATIONS FROM THE CAPITAL RESERVE FUND TAKE EFFECT; BY ADDING SECTION 11-11-335 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2005, SURPLUS GENERAL FUND REVENUES FOR ANY FISCAL YEAR NOT OTHERWISE OBLIGATED AND APPROPRIATIONS TO THE CAPITAL RESERVE FUND ARE DEEMED TO HAVE OCCURRED AND ARE AVAILABLE FOR EXPENDITURE AFTER SEPTEMBER FIRST OF THE NEXT FISCAL YEAR AND AFTER THE STATE'S FINANCIAL BOOKS FOR THE PREVIOUS FISCAL YEAR HAVE BEEN CLOSED; BY ADDING SECTION 11-11-345 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2006, IF THE COMPTROLLER GENERAL DETERMINES UPON THE CLOSING OF THE STATE'S FINANCIAL BOOKS FOR A FISCAL YEAR THAT THE STATE HAS A NEGATIVE GENERALLY ACCEPTED ACCOUNTING PRINCIPLES FUND BALANCE (GAAP FUND DEFICIT), ANY APPROPRIATIONS CONTAINED IN A GENERAL OR SUPPLEMENTAL APPROPRIATIONS ACT WHICH EXPENDS SURPLUS GENERAL FUND REVENUES OR IN A CAPITAL RESERVE FUND APPROPRIATIONS ACT TO BE EFFECTIVE DURING THE NEXT FISCAL YEAR ARE SUSPENDED AND MUST BE USED TO THE EXTENT NECESSARY TO OFFSET THE GAAP FUND DEFICIT IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE; BY ADDING SECTION 11-11-350 SO AS TO PROVIDE THAT EACH STATE AGENCY, DEPARTMENT, INSTITUTION, OR ENTITY RECEIVING IN THE AGGREGATE ONE PERCENT OR MORE OF THE STATE'S GENERAL FUND APPROPRIATIONS FOR ANY FISCAL YEAR SHALL PROVIDE TO THE OFFICE OF STATE BUDGET AN ESTIMATE OF ITS PLANNED GENERAL FUND EXPENDITURES FOR THE NEXT THREE FISCAL YEARS, AND TO PROVIDE THAT THIS DATA, IN CONJUNCTION WITH THE BOARD OF ECONOMIC ADVISORS' LONG-TERM REVENUE ESTIMATE, SHALL BE COMPILED BY THE OFFICE OF STATE BUDGET INTO A THREE-YEAR FINANCIAL PLAN THAT WILL ASSIST THE STATE IN DETERMINING AND PLANNING FOR ITS LONG-TERM FINANCIAL COMMITMENTS; TO AMEND SECTION 12-36-2120, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO REQUIRE THE FUNDS RECEIVED AS REVENUE FROM THE SALE OF CERTAIN MATERIALS OR REIMBURSEMENTS FOR THE COST OF PROVIDING CERTAIN SUPPLIES MUST BE REMITTED TO THE STATE TREASURER AS COLLECTED, AND TO PROVIDE FOR A RETROACTIVE EFFECT OF THIS PROVISION TO JULY 1, 2003, AND TO PROVIDE THAT BEGINNING JULY 1, 2006, THE FIRST TEN PERCENT OF ANY SURPLUS GENERAL FUND REVENUES MUST BE APPLIED TO FULLY RESTORE ALL FUNDS PREVIOUSLY TRANSFERRED AND APPROPRIATED FROM ANY EARMARKED OR RESTRICTED ACCOUNTS IN THE STATEWIDE ACCOUNTING AND REPORTING SYSTEM (STARS), AND TO FURTHER IDENTIFY SUCH ACCOUNTS AND PROVIDE PROCEDURES FOR THIS RESTORATION.
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(R206, H. 3905 (Word version)) -- Rep. Chellis: AN ACT TO AMEND CHAPTER 7 OF TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE AUDITOR, SO AS TO FURTHER PROVIDE FOR THE RESPONSIBILITIES, DUTIES, AND OVERSIGHT FUNCTIONS OF THE STATE AUDITOR INCLUDING THE USE OF INDEPENDENT ACCOUNTING FIRMS AND GENERALLY ACCEPTED AUDITING STANDARDS TO PERFORM AUDITS OF STATE AGENCIES AND ENTITIES, THE STATE'S FINANCIAL STATEMENTS, FEDERAL PROGRAM COMPLIANCE, AND LOCAL GOVERNMENT COMPLIANCE IN COLLECTING AND REMITTING FINES, AND TO PROVIDE FOR DISSEMINATION OF AUDIT REPORTS, INDEPENDENCE AND OBJECTIVITY OF THE AUDIT FUNCTION, AND THE USE OF A CERTIFIED PUBLIC ACCOUNTING FIRM TO CONDUCT A PORTION OF THE AUDIT OF THE STATE'S COMPREHENSIVE ANNUAL FINANCIAL REPORT, THE COST OF WHICH IS SHARED EQUITABLY AMONG STATE AGENCIES; TO AMEND SECTIONS 1-11-20, RELATING TO DIVISIONS OF THE BUDGET AND CONTROL BOARD; 2-7-62 AND 2-7-69, BOTH RELATING TO REPORTS MADE IN CONNECTION WITH THE CONSIDERATION OF THE GENERAL APPROPRIATION ACT; 8-11-135, AS AMENDED, RELATING TO PAYMENT OF MOVING EXPENSES OF NEW STATE EMPLOYEES; 10-1-140, AS AMENDED, AND 10-3-30, BOTH RELATING TO PUBLIC BUILDINGS AND PROPERTY; 11-9-110 AND 11-9-125, AS AMENDED, BOTH RELATING TO USE OF CONTRIBUTED FUNDS; 11-11-420, RELATING TO CERTIFICATION OF COMPLIANCE WITH STATE PERMANENT EMPLOYEES LIMITATION; 11-35-40, AS AMENDED, RELATING TO THE STATE CONSOLIDATED PROCUREMENT CODE; 11-39-50, RELATING TO OIL OVERCHARGE FUNDS; 11-49-100, RELATING TO REPORTING BY THE TOBACCO SETTLEMENT REVENUE MANAGEMENT AUTHORITY; 12-28-2725, AS AMENDED, RELATING TO THE AUDIT OF THE STATE'S REGIONAL TRANSIT AUTHORITIES; 20-7-5020 AND 20-7-9710, AS AMENDED, BOTH RELATING TO THE BOARDS OF TRUSTEES OF THE CHILDREN'S TRUST FUND AND FIRST STEPS TO SCHOOL READINESS, RESPECTIVELY; 23-47-50, AS AMENDED, AND 23-47-65, AS AMENDED, BOTH RELATING TO THE EMERGENCY TELEPHONE SYSTEM; 25-21-20, AS AMENDED, RELATING TO THE VETERANS' TRUST FUND; 38-79-470, RELATING TO THE MEDICAL MALPRACTICE FUND; 43-33-320, RELATING TO THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC.; 44-96-165, RELATING TO SOLID WASTE TRUST FUNDS; 46-17-380, RELATING TO THE AGRICULTURAL COMMODITIES MARKETING BOARD; 48-5-160, AS AMENDED, RELATING TO THE WATER QUALITY REVOLVING FUND AUTHORITY; 49-6-20, AS AMENDED, RELATING TO THE AQUATIC PLANT MANAGEMENT TRUST FUND; 50-3-760, AS AMENDED, 50-3-950, AND 50-11-20, AS AMENDED, ALL RELATING TO FUNDS ESTABLISHED IN THE DEPARTMENT OF NATURAL RESOURCES; 52-5-110, RELATING TO THE SPRINGDALE FUND; 56-10-660, RELATING TO THE DISCLOSURE OF MOTOR VEHICLE INSURANCE DATABASE INFORMATION; 59-2-100, RELATING TO THE SOUTH CAROLINA INVESTMENT PROGRAM; 59-4-70, RELATING TO THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM; 59-109-170, RELATING TO THE EDUCATIONAL FACILITIES AUTHORITY; AND 59-150-90 AND 59-150-320, BOTH RELATING TO THE EDUCATION LOTTERY COMMISSION, ALL SO AS TO CONFORM THOSE SECTIONS TO, AND OTHERWISE TO REFLECT THE CHANGES TO, THE STATE AUDITOR'S DUTIES AS DESCRIBED IN CHAPTER 7 OF TITLE 11; TO AMEND SECTION 4-9-150, AS AMENDED, RELATING TO AUDITS OF COUNTY RECORDS, SO AS TO ALLOW THE COUNTY TO DESIGNATE AN ACCOUNTANT FOR THREE YEARS WITHOUT A BID; TO REPEAL SECTION 1-7-408, RELATING TO THE REPORTING OF EXPENDITURES BY A COUNTY SOLICITOR, AND SECTION 51-22-40, RELATING TO AN AUDIT OF THE LEGACY TRUST FUND; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO INCLUDE THE GROSS PROCEEDS FROM THE SALES OF SWEETGRASS BASKETS.
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(R207, H. 3006 (Word version)) -- Reps. Wilkins, Harrell, W.D. Smith, J. Brown, Cato, Chellis, Harrison, Townsend, Witherspoon, Bailey, G.R. Smith, Vaughn, Davenport, Sandifer, Barfield, Young, Owens, Kirsh, Leach, E.H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Rice, Hinson, Clark, Walker, Bales, Cobb-Hunter, Simrill, Chalk, Duncan, Stewart, Talley, Harvin, J.E. Smith, Altman, Skelton, Mahaffey, Vick, Hagood, Martin, Neilson and Bowers: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-60 SO AS TO PROVIDE FOR DETERMINATION OF A NEXUS WITH THIS STATE FOR PURPOSES OF INCOME TAX AND CORPORATE LICENSE FEE IN CONNECTION WITH A DISTRIBUTION FACILITY AND TO DEFINE "DISTRIBUTION FACILITY"; BY ADDING SECTION 12-36-2690 SO AS TO PROVIDE FOR DETERMINATION OF A NEXUS WITH THIS STATE FOR SALES AND USE TAX PURPOSES IN CONNECTION WITH A DISTRIBUTION FACILITY AND TO DEFINE "DISTRIBUTION FACILITY"; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOBS TAX CREDIT, SO AS TO ALLOW THE CREDIT TO A TAXPAYER WHO EMPLOYS NINETY-NINE OR FEWER EMPLOYEES AND WHO INCREASES EMPLOYMENT BY TWO, INSTEAD OF TEN, NEW FULL-TIME JOBS AND TO INCLUDE FURTHER GUIDELINES FOR DETERMINING THE AMOUNT OF THE CREDIT; AND TO MAKE THIS ACT APPLICABLE TO TAXABLE YEARS BEGINNING JANUARY 1, 2006; BY ADDING ARTICLE 10 TO CHAPTER 37 OF TITLE 33 SO AS TO ESTABLISH A CAPITAL ACCESS PROGRAM PROVIDING FOR FLEXIBILITY IN THE MAKING OF LOANS BY FINANCIAL INSTITUTIONS TO SMALL BUSINESSES WHO FAIL TO QUALIFY FOR CONVENTIONAL OR OTHER GUARANTEED OR ASSISTED FINANCING, AND TO PROVIDE FOR FUNDING OF A LOAN LOSS RESERVE TO REPAY PARTICIPATING FINANCIAL INSTITUTIONS WHO SUFFER A LOSS ON A LOAN, ADMINISTRATION OF THE PROGRAM BY BUSINESS DEVELOPMENT CORPORATION OF SOUTH CAROLINA, GUIDELINES FOR SELECTING LOAN RECIPIENTS, RECORDKEEPING AND REPORTING, AND DISTRIBUTION OF RESERVE FUNDS UPON TERMINATION OF INSTITUTIONAL PARTICIPATION OR THE CAPITAL ACCESS PROGRAM ITSELF; TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LIMITATIONS ON A LOAN TO A CORPORATION BY A MEMBER, SO AS TO PROVIDE FOR REFERENCE TO THE LOAN CALL AGREEMENT AND TO DISALLOW A LOAN WHICH RESULTS IN OBLIGATIONS THAT EXCEED TEN TIMES THE GREATER OF THE NET WORTH OF THE CORPORATION OR THE AMOUNT PAID IN ON OUTSTANDING CAPITAL STOCK; TO AMEND SECTION 33-37-465, RELATING TO A SHORT-TERM LOAN TO A CORPORATION BY A MEMBER, SO AS TO PROVIDE THAT THE LIMITATIONS AND RESTRICTIONS DO NOT APPLY TO A SHORT-TERM LOAN; AND TO PROVIDE FOR A FIVE-YEAR SUNSET PROVISION FOR TAX INCENTIVES ENACTED.
L:\COUNCIL\ACTS\3006MM05.DOC

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on Tuesday, June 7, 2005, at 12:00 Noon and the following Acts were ratified:

(R208, S. 736 (Word version)) -- Senators Ryberg and Peeler: AN ACT TO AMEND SECTION 56-3-7780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF "VIETNAM WAR VETERANS" SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT ONLY VIETNAM WAR VETERANS WHO SERVED ON ACTIVE DUTY AT ANYTIME DURING THE PERIOD OF FEBRUARY 28, 1961 TO MAY 7, 1975, AND WHO CAN PROVIDE CERTAIN OFFICIAL DOCUMENTATION TO THE DEPARTMENT OF MOTOR VEHICLES THAT VERIFIES THEIR SERVICE MAY BE ISSUED THIS SPECIAL LICENSE PLATE; TO AMEND SECTION 56-3-8800, RELATING TO THE ISSUANCE OF WORLD WAR II VETERANS SPECIAL LICENSE PLATES, SO AS TO DELETE THE PROVISION THAT REQUIRES THAT THE DEPARTMENT OF MOTOR VEHICLES RECEIVES A CERTAIN NUMBER OF PREPAID APPLICATIONS FOR THIS SPECIAL LICENSE PLATE OR A DEPOSIT FROM THE INDIVIDUAL OR ORGANIZATION SEEKING THE ISSUANCE OF THIS LICENSE PLATE AND A PLAN TO MARKET THE SALE OF THIS LICENSE PLATE BEFORE IT PRODUCES AND DISTRIBUTES THIS LICENSE PLATE, AND THE PROVISION THAT REQUIRES THE DEPARTMENT NOT TO PRODUCE ADDITIONAL LICENSE PLATES IN THIS SERIES IF IT RECEIVES LESS THAN THREE HUNDRED BIENNIAL INITIAL OR RENEWAL APPLICATIONS FOR THIS LICENSE PLATE; TO AMEND CHAPTER 3, TITLE 56, BY ADDING ARTICLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF UNITED STATES ARMED SERVICES SPECIAL LICENSE PLATES; TO AMEND SECTION 56-3-9600, RELATING TO THE ISSUANCE OF "NO MORE HOMELESS PETS" SPECIAL LICENSE PLATES, SO AS TO SUBSTITUTE THE TERM "SOUTH CAROLINA DEPARTMENT OF AGRICULTURE" FOR THE TERM "STATE VETERINARIAN".
L:\COUNCIL\ACTS\736CM05.DOC

(R209, H. 3741 (Word version)) -- Reps. Ballentine, Wilkins, Harrell, Merrill, Ott, Hinson, Mack, Bowers, Taylor, Sinclair, Bales, Norman, Martin, Rutherford, Funderburk, Hiott, Cotty, Harrison, Haley, Govan, Scott, Vick, McGee, Anderson, Hardwick, Frye, W.D. Smith, Leach, J.H. Neal, G.R. Smith, Huggins, Skelton, McLeod, Cato, Witherspoon, Clemmons, Clark, Agnew, Barfield, Bingham, Brady, Branham, J. Brown, Ceips, Chalk, Cobb-Hunter, Cooper, Duncan, Herbkersman, Howard, Jefferson, Mahaffey, Neilson, Owens, Parks, Pinson, E.H. Pitts, M.A. Pitts, Rice, Sandifer, J.E. Smith, Talley, Thompson, Toole, Townsend, White, Umphlett, Allen, Simrill and Bailey: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-200 SO AS TO ESTABLISH WITHIN THE DIVISION OF AGING THE STATE LOAN REPAYMENT PROGRAM, TO REIMBURSE THE STUDENT LOAN PAYMENTS OF PHYSICIANS COMPLETING FELLOWSHIPS IN GERIATRICS OR GEROPSYCHIATRY, WHO CONTRACT TO PRACTICE IN THIS STATE FOR NO FEWER THAN FIVE CONSECUTIVE YEARS, TO PROVIDE ADDITIONAL ELIGIBILITY QUALIFICATIONS, TO ESTABLISH THE PHYSICIAN ADVISORY BOARD TO ASSIST THE DIVISION IN REVIEWING APPLICATIONS AND PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES, TO ESTABLISH A LIMIT ON PARTICIPATING PHYSICIANS SUBJECT TO AVAILABLE FUNDING AND PROVIDE AN ANNUAL AND OVERALL LIMIT OF AMOUNTS THAT MAY BE REIMBURSED, TO PROVIDE A PENALTY FOR FAILURE TO COMPLETE THE PROGRAM CONTRACT, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL APPROPRIATE FUNDS FOR THE PROGRAM IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
L:\COUNCIL\ACTS\3741HTC05.DOC

Point of Quorum

At 12:06 P.M., Senator MARTIN made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator MARTIN moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory
Grooms                    Hawkins                   Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill
Moore                     O'Dell                    Patterson
Peeler                    Pinckney                  Rankin
Reese                     Richardson                Ritchie
Ryberg                    Scott                     Setzler
Sheheen                   Smith, J. Verne           Thomas
Verdin                    Williams

A quorum being present, the Senate resumed.

MESSAGE FROM THE GOVERNOR
State of South Carolina
Office of the Governor

May 25, 2005
Mr. President and Members of the Senate:

I respectfully request withdrawal from your consideration the appointment listed below:

Respectfully,
Mark C. Sanford

Withdrawal of Statewide Appointment

Initial Appointment, South Carolina Residential Builders Commission, with term to commence June 30, 2005, and to expire June 30, 2009

At-Large:

William Russ Ferrara, 109 Fox Lea Trail, Aiken, S.C. 29803 VICE Carl Lyn Bailey

Appointment Withdrawn

On motion of Senator MOORE, the Senate acceded to the Governor's request and the Clerk was directed to return the appointment to the Governor.

MESSAGE FROM THE GOVERNOR
State of South Carolina
Office of the Governor
P. O. Box 11369
Columbia, SC 29211
June 7, 2005

The Honorable Andr� 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. 27, R-137.

(R137, S27 (Word version)) -- Senators Leatherman and Elliott: AN ACT TO AMEND CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-4-36 SO AS TO PROVIDE FOR THE NOTIFICATION OF A MUNICIPALITY OR COUNTY BY THE TOURISM EXPENDITURE REVIEW COMMITTEE IF THE COMMITTEE FINDS AN EXPENDITURE TO BE IN NONCOMPLIANCE, TO PROVIDE FOR A PROCEDURE FOR REFUNDING THE AMOUNT FOUND IN NONCOMPLIANCE, TO PROVIDE FOR ACTIONS TO BE TAKEN AGAINST A MUNICIPALITY OR COUNTY THAT DOES NOT REFUND THE NONCOMPLIANT AMOUNT, TO PROVIDE A PROCEDURE FOR CERTIFICATION BY THE MUNICIPALITY OR COUNTY TO THE COMMITTEE THAT NONCOMPLIANT AMOUNTS HAVE BEEN REFUNDED, TO PROVIDE THE FISCAL YEARS TO WHICH THE ABOVE PROVISIONS APPLY, AND TO PROVIDE THAT THIS SECTION IS REPEALED JUNE 30, 2006.

This Bill allows a city or county to keep control of local accommodations tax funds determined by the Tourism Expenditure Review Committee ("Committee") to have been unlawfully disbursed by the city or county. Most local accommodations tax funds are statutorily reserved to be used only for advertising and tourism related expenditures. These funds are similar to trust funds. I am vetoing this Bill because it removes the forfeiture provisions for fiscal years FY 2003-04 and FY 2004-05, and thereby lessens the incentive for cities or counties to use the funds as intended when they are initially disbursed. I also object to this Bill because it creates a temporary exception to the accommodations tax rules that are applicable to all cities and counties.

South Carolina has a seven percent sales tax on accommodations. One component of the tax is a two percent "local" accommodations tax that is distributed to cities and counties. Some of the local accommodations tax can go into the city or county's general fund, but most of it has to go into special funds to be used for advertising and tourism related expenditures. If the Committee determines that a city or county made a non-tourism related payment from these special funds, the city or county must forfeit a future disbursement in the same amount. The forfeited amount is then paid to the other cities, counties, and other organizations eligible to receive accommodations tax funding. This Bill changes current law by allowing the city or county to refund the non-tourism payment and thereby avoid the forfeiture. The Bill only applies to accommodations tax allocations for two fiscal years and is automatically repealed effective June 30, 2006.

This Bill allows Florence County to refund a $230,000 allocation that the county made to its Sheriff's Office in 2003. The Committee found that the payment did not comply with existing statutory requirements. The Administrative Law Court affirmed the Committee's decision. This Bill would allow Florence County to refund the money and avoid forfeiting $230,000 to the other cities, counties, and organizations that are eligible to receive accommodations tax funding.

I object to this legislation because it makes a temporary change in the law regarding the accommodations tax. There is no rational basis to allow refunds for only two fiscal years. I also object to this legislation applying retroactively to allocations for FY 2003-04. The Committee has already issued rulings on allocations for FY 2003-04. Moreover, the Committee's Florence County ruling for FY 2003-04 has already been appealed and affirmed by the Administrative Law Court. This legislation now gives Florence County a refund procedure that did not exist at the time it made its allocation decision. The rules of the game should not be changed in the middle of the game.

For the reasons stated above, I am returning S.27, R-137 to you without my signature.
Sincerely,
/s/Mark Sanford

VETO OVERRIDDEN

The veto of the Governor was taken up for immediate consideration.

Senator ALEXANDER moved that the veto of the Governor be overridden.

Senator KNOTTS spoke on the veto.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 38; Nays 7

AYES

Alexander                 Anderson                  Cleary
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Gregory                   Hayes                     Hutto
Jackson                   Land                      Leatherman
Leventis                  Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill                    Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Reese                     Richardson
Ritchie                   Scott                     Sheheen
Short *                   Smith, J. Verne           Thomas
Verdin                    Williams

Total--38

NAYS

Bryant                    Campsen                   Grooms
Hawkins                   Knotts                    Ryberg
Setzler

Total--7

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 14, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adjourned debate until January 10, 2006, on the veto by the Governor on R.137, S. 27:

Received as information.

MESSAGE FROM THE GOVERNOR
State of South Carolina
Office of the Governor
P. O. Box 11369
Columbia, SC 29211
June 7, 2005

The Honorable Andr� 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. 184, R. 164.

(R164, S184 (Word version)) -- Senators Leatherman, Grooms, Mescher, Williams and McGill: A JOINT RESOLUTION TO CREATE THE FRANCIS MARION TRAIL COMMISSION TO ESTABLISH A HERITAGE AND TOURISM TRAIL HONORING FRANCIS MARION'S REVOLUTIONARY CAMPAIGNS, TO ESTABLISH THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS, AND TO PROVIDE THAT THE PRESIDENTS OF THE HISTORICAL SOCIETIES LOCATED IN CERTAIN COUNTIES SHALL SERVE ON AN ADVISORY COMMITTEE.

This Bill creates a legislatively driven commission solely for the purpose of developing one specific trail. This unnecessary state entity fragments the responsibility for trail planning that the Department of Parks, Recreation and Tourism currently fulfills in partnership with various private groups. Further, the legislation gives express statutory authority for the commission to recommend appropriations - increasing the likelihood that, as happened this year, specific trail projects will become line items in the appropriations act. I have consistently laid out that projects such as this should be funded through a competitive grants process to ensure that state dollars are awarded based on merit and not political sway.

To be perfectly clear, I believe that this is a worthy project and one which will likely fare well in the grants process; however, I feel compelled to veto legislation that fragments state government and creates a new avenue for regional political favoritism.

The 2005-06 Appropriations Act included $110,000 for this project through Francis Marion University; however, this legislation places the burden on PRT of staffing the commission and maintaining the trail. Therefore, in order to comply with these provisions, the agency would have to create a unique capacity for maintenance outside the borders of state property and divert resources from our already maintenance deficient state parks. Short of becoming the custodian for all of the thousands of miles of trails in South Carolina, PRT has historically done an exceptional job of partnering with private groups to support our state's network of trails. As part of their existing trail program, PRT prioritizes projects through the State Trails Plan and solicits input from a variety of public and private entities and individuals to coordinate trail development. The agency also advises trail builders on the numerous state and federal grant programs that are available for these types of projects.

In short, this promising project does not require direct state appropriations or a legislatively ordained commission to be successful. In fact, other heritage tourism trail projects in the Pee Dee have been successful without a state statute governing their establishment. The Cotton Trail and the Tobacco Trail highlight the importance and cultural value of Pee Dee institutions - both projects were borne of private volition and successful due to the hard work of dedicated supporters.

For the reasons stated above, I am vetoing S. 184, R. 164.
Sincerely,
/s/Mark Sanford

VETO OVERRIDDEN

The veto of the Governor was taken up for immediate consideration.

Senator SETZLER moved that the veto of the Governor be overridden.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 41; Nays 0

AYES

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Grooms                    Hawkins
Hayes                     Hutto                     Land
Leatherman                Leventis                  Lourie
Malloy                    Martin                    Matthews
McConnell                 McGill                    Moore
O'Dell                    Patterson                 Peeler
Pinckney                  Rankin                    Reese *
Richardson                Ritchie                   Ryberg
Scott                     Setzler                   Sheheen
Short *                   Smith, J. Verne           Thomas
Verdin                    Williams

Total--41

NAYS

Total--0

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 14, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.164, S. 184 by a vote of 89 to 18:

Received as information.

MESSAGE FROM THE GOVERNOR
State of South Carolina
Office of the Governor
P. O. Box 11369
Columbia, SC 29211
June 7, 2005

The Honorable Andr� 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. 307, R-138 a Bill that establishes circumstances when it is lawful to drive a vehicle in the left lane of an interstate highway.

(R138, S307 (Word version)) -- Senators Peeler, Verdin, Cromer, Ryberg, Knotts, Alexander and Thomas: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1885 SO AS TO PROVIDE THE CIRCUMSTANCES WHEN IT IS LAWFUL TO DRIVE A VEHICLE IN THE LEFT LANE OF AN INTERSTATE HIGHWAY, AND TO PROVIDE THE CIRCUMSTANCES UNDER WHICH A TRAFFIC TICKET MAY BE ISSUED FOR THE VIOLATION OF THIS PROVISION.

While slow drivers in the left lane of the interstate can be a real irritation, I believe this Bill provides for a disproportionate response to the problem. According to the Department of Public Safety, the total cost of a traffic ticket for a violation of this law would be $150.00. In addition, the driver would accrue two points on his or her driving record. This is a strong consequence for driving too slowly in the left lane of the interstate in light of another Bill recently delivered to me that would set the fine for failing to wear a seat belt at only $25.00.

In this case, as much as I may personally sympathize with the feelings that motivated this legislation, the Bill's consequences seem to be out of proportion with the problem the General Assembly is attempting to address.

For this reason, I am returning S. 307, R-138 to you without my signature.
Sincerely,
/s/Mark Sanford

VETO OVERRIDDEN

The veto of the Governor was taken up for immediate consideration.

Senator PEELER moved that the veto of the Governor be overridden.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 38; Nays 6

AYES

Alexander                 Anderson                  Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory
Hawkins                   Hayes                     Hutto
Jackson                   Land                      Leatherman
Leventis                  Lourie                    Malloy
Martin                    Matthews                  McGill
Moore                     O'Dell                    Patterson
Peeler                    Pinckney                  Rankin
Reese *                   Richardson                Ritchie
Ryberg                    Scott                     Setzler
Short *                   Smith, J. Verne           Thomas
Verdin                    Williams

Total--38

NAYS

Bryant                    Campsen                   Cleary
Grooms                    McConnell                 Sheheen

Total--6

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

MESSAGE FROM THE GOVERNOR
State of South Carolina
Office of the Governor
P. O. Box 11369
Columbia, SC 29211
June 10, 2005

The Honorable Andr� 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. 286, R. 199.

(R199, S286 (Word version)) -- Senator Hawkins: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN INMAN, SOUTH CAROLINA, TO THE TOWN OF INMAN; TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF THE LOCKHART NATIONAL GUARD ARMORY TO THE TOWN OF LOCKHART; AND TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER THE OWNERSHIP OF THE JONESVILLE NATIONAL GUARD ARMORY TO THE TOWN OF JONESVILLE.

S. 286 (Word version) would direct the Budget and Control Board to transfer ownership of National Guard armories in Inman, Lockhart and Jonesville.

I am vetoing S. 286, R-199 because it allows the State to give away surplus property, depriving state taxpayers of both the benefit of that property and the clarity of the budget process that they are entitled to. This has been a long-standing concern of mine. In 1999, I offered an amendment to the National Defense Authorization Act that would have stopped the Defense Department practice of giving away surplus equipment to local government. I refused to sign similar bills that came to my desk in 2003, and subsequently announced at a meeting of the Budget and Control Board that I would veto future such conveyances.

I sincerely believe that, if we are to make good decisions in government, they need to reflect reality. Conveyances like the ones in this bill frustrate attempts to create clear budgets that reflect economic reality. When the State gives away "free stuff" to local government, or vice versa, it makes it more difficult for regular taxpayers to get an accurate picture of the basket of goods each portion of their tax burden - local, state and federal - is actually purchasing. In this particular case, the cost of state government will appear higher than it really is; the cost of local government will appear lower than it really is. The fundamental principles of prudent property management and of transparency in government each require that the State receive fair consideration for the transfer of surplus state property. This Bill fails to do that.

Therefore, I am returning S. 286, R-199 to you without my signature.
Sincerely,
/s/ Mark Sanford

cc: The Honorable John D. Hawkins

VETO OVERRIDDEN

The veto of the Governor was taken up for immediate consideration.

Senator HAWKINS moved that the veto of the Governor be overridden.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 42; Nays 0

AYES

Alexander                 Anderson                  Bryant
Campsen                   Courson                   Cromer
Drummond                  Elliott                   Fair
Ford                      Grooms                    Hawkins
Hayes                     Hutto                     Jackson *
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill
Moore                     O'Dell                    Patterson
Peeler                    Pinckney                  Rankin
Reese *                   Richardson                Ritchie
Ryberg                    Scott                     Setzler
Sheheen                   Short *                   Smith, J. Verne
Thomas                    Verdin                    Williams

Total--42

NAYS

Total--0

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 14, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.199, S. 286 by a vote of 95 to 9:

Received as information.

Message from the House

Columbia, S.C., June 14, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 177, H. 3107 by a vote of 81 to 25:

(R177, H3107 (Word version)) -- Reps. M.A. Pitts, Viers, Taylor, Mahaffey, Duncan and Umphlett: AN ACT TO AMEND SECTION 40-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO PROVIDE FOR TWO ADDITIONAL LAY MEMBERS OF THE BOARD, AND TO PROVIDE FOR THEIR MANNER OF APPOINTMENT, QUALIFICATIONS, AND TERMS; AND TO ADD SECTION 40-47-155 SO AS TO FURTHER PROVIDE CERTAIN CONDITIONS UNDER WHICH THE BOARD SHALL ISSUE A LICENSE TO PRACTICE MEDICINE TO AN APPLICANT.
Very respectfully,
Speaker of the House

Received as information

VETO OVERRIDDEN

The veto of the Governor was taken up for immediate consideration.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 37; Nays 7

AYES

Alexander                 Anderson                  Bryant
Cleary                    Cromer                    Drummond
Elliott                   Ford                      Grooms
Hawkins                   Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Leventis                  Lourie
Malloy                    Martin                    Matthews
McConnell                 McGill                    Moore
O'Dell                    Patterson                 Peeler
Pinckney                  Rankin                    Reese
Richardson                Scott                     Setzler
Sheheen                   Smith, J. Verne           Verdin
Williams

Total--37

NAYS

Campsen                   Courson                   Fair
Gregory                   Ritchie                   Ryberg
Thomas

Total--7

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 14, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 203, H. 3373 by a vote of 15 to 1:

(R203, H3373 (Word version)) -- Reps. W.D. Smith, Walker, Sinclair, Davenport, Littlejohn, Mahaffey and Talley: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION ADJACENT TO INTERSTATE HIGHWAY 26, INTERSTATE HIGHWAY 85, AND INTERSTATE HIGHWAY 585 IN SPARTANBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
Very respectfully,
Speaker of the House

Received as information

VETO OVERRIDDEN

The veto of the Governor was taken up for immediate consideration.

Senator HAWKINS moved that the veto of the Governor be overridden.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 30; Nays 10

AYES

Alexander                 Anderson                  Bryant
Cromer                    Drummond                  Fair
Ford                      Hawkins                   Hutto
Jackson                   Knotts                    Land
Leatherman                Leventis                  Lourie
Malloy                    Martin                    McGill
Moore                     O'Dell                    Patterson
Peeler                    Rankin                    Reese
Richardson                Ritchie                   Setzler
Sheheen                   Smith, J. Verne           Verdin

Total--30

NAYS

Campsen                   Cleary                    Courson
Elliott                   Gregory                   Grooms
Hayes                     McConnell                 Scott
Thomas

Total--10

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 14, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 202, H. 3296 by a vote of 101 to 3:

(R202, H3296 (Word version)) -- Reps. Harrell, Wilkins, Leach, Lucas, Bales, G.R. Smith, J.R. Smith, Vaughn, Battle, Cobb-Hunter, Neilson, Clark, Skelton, Kirsh, Moody-Lawrence, Rice, Harrison, Haley, Harvin, Young, Cotty, Mack, J.E. Smith, Taylor, Clemmons, Tripp, Chalk, Breeland, Limehouse, Altman, Bailey, Ballentine, Barfield, Bingham, Ceips, Chellis, Dantzler, Delleney, Duncan, Frye, Hagood, Hardwick, Herbkersman, Hinson, Huggins, Jennings, Littlejohn, Martin, McGee, Norman, Ott, Perry, E.H. Pitts, Scarborough, Sinclair, D.C. Smith, Stewart, Toole, Townsend, Umphlett, Walker, Witherspoon, Brady, Mahaffey and R. Brown: AN ACT TO AMEND SECTION 12-28-1555, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE USE OF DYED MOTOR VEHICLE FUELS UNDER CERTAIN CIRCUMSTANCES, AND PENALTIES ASSOCIATED WITH VIOLATIONS OF THIS SECTION, SO AS TO PROVIDE THAT ALL FINES IMPOSED PURSUANT TO THIS SECTION MUST BE PLACED IN THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO AMEND SECTION 12-28-2355, AS AMENDED, RELATING TO BOTH THE INSPECTION FEE AND THE ENVIRONMENTAL IMPACT FEE CHARGED ON PETROLEUM PRODUCTS, SO AS TO PROVIDE THAT AFTER JUNE 30, 2005, TEN PERCENT OF THE INSPECTION FEE MUST BE TRANSMITTED TO THE DEPARTMENT OF REVENUE FOR CERTAIN PURPOSES AND THE REMAINDER OF THE FEE MUST BE PLACED IN THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO AMEND SECTION 12-28-2910, AS AMENDED, RELATING TO THE FUNDING AND FUNCTIONS OF THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO PROVIDE THAT ITS FUNDING PROVIDED FROM A PORTION OF THE GASOLINE USER FEE SHALL BE ELIMINATED OVER A THREE-YEAR PERIOD AND CREDITED TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO ADD SECTION 12-28-2915 SO AS TO PROVIDE THAT A PORTION OF THE TAXES ASSESSED AGAINST ELECTRIC POWER MUST BE PLACED IN THE ACCOUNT FOR ECONOMIC DEVELOPMENT AND A PORTION MUST BE CREDITED TO THE DEPARTMENT OF TRANSPORTATION FOR CERTAIN PURPOSES; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO THE ISSUANCE OF A BEGINNERS PERMIT, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF A BEGINNERS PERMIT MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED PURSUANT TO THE ISSUANCE OF A DRIVER'S LICENSE MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-1-200, AS AMENDED, RELATING TO OBTAINING A DUPLICATE OF A LOST OR DESTROYED DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED PURSUANT TO THE ISSUANCE OF A DUPLICATE DRIVER'S LICENSE MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-1-390, AS AMENDED, RELATING TO THE FEE CHARGED FOR THE REINSTATEMENT OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE PORTION OF THESE FEES THAT IS PLACED IN THE GENERAL FUND OF THE STATE MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-1-740, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE AND THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE PORTION OF THE FEES COLLECTED FROM THE ISSUANCE OF SPECIAL RESTRICTED DRIVER'S LICENSES THAT IS PLACED IN THE GENERAL FUND OF THE STATE MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-1-2090, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF COMMERCIAL DRIVER LICENSES MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-3-910, AS AMENDED, RELATING TO THE DISPOSITION OF CERTAIN MOTOR VEHICLE REGISTRATION AND LICENSING FEES AND PENALTIES, SO AS TO PROVIDE THESE FEES AND PENALTIES MUST BE CREDITED TO THE DEPARTMENT OF TRANSPORTATION WHICH MUST MAKE AN ANNUAL CONTRIBUTION FROM NONSTATE TAX SOURCES TO THE STATE HIGHWAY ACCOUNT OF THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK UNDER CERTAIN CONDITIONS; TO ADD SECTION 57-5-1625 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY AWARD HIGHWAY CONSTRUCTION CONTRACTS USING A DESIGN-BUILD PROCEDURE, AND TO PROVIDE THE CONTRACT SELECTION CRITERIA; TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO REVENUES RECEIVED BY THE DEPARTMENT OF TRANSPORTATION FOR ITS OPERATION, SO AS TO PROVIDE THAT THESE FUNDS MUST BE PLACED IN EITHER THE "STATE HIGHWAY FUND" OR THE "STATE NON-FEDERAL AID HIGHWAY FUND", AND TO PROVIDE THAT INTEREST INCOME FROM THE NON-FEDERAL AID HIGHWAY FUND MUST BE DEPOSITED TO THE CREDIT OF THE NON-FEDERAL AID HIGHWAY FUND; AND TO PROVIDE A DECLINING SCHEDULE OF PAYMENTS FOR THE DEPARTMENT OF TRANSPORTATION'S COST OF ADMINISTRATION.
Very respectfully,
Speaker of the House

Received as information

VETO OVERRIDDEN

The veto of the Governor was taken up for immediate consideration.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 36; Nays 7

AYES

Alexander                 Anderson                  Cleary
Drummond                  Elliott                   Fair
Ford                      Hayes                     Hutto
Jackson                   Land                      Leatherman
Leventis                  Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill                    Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Reese                     Richardson
Ritchie                   Ryberg                    Scott
Setzler                   Sheheen                   Smith, J. Verne
Thomas                    Verdin                    Williams

Total--36

NAYS

Bryant                    Campsen                   Courson
Gregory                   Grooms                    Hawkins
Knotts

Total--7

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 14, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 195, H. 3906 by a vote of 77 to 34:

(R195, H3906 (Word version)) -- Reps. Harrell, Bales and Neilson: AN ACT TO AMEND SECTION 59-104-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO PROVIDE THAT THE SCHOLARSHIP IS AVAILABLE TO CERTAIN ELIGIBLE RESIDENT STUDENTS, TO DEFINE CERTAIN TERMS, TO PROVIDE THE CRITERIA THE STUDENTS MUST MEET TO RECEIVE THE SCHOLARSHIP; TO AMEND SECTION 2-77-15, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA HIGHER EDUCATION EXCELLENCE ENHANCEMENT PROGRAM, SO AS TO REVISE THE DEFINITION OF ELIGIBLE INSTITUTION; TO AMEND SECTION 59-149-10, AS AMENDED, RELATING TO LIFE SCHOLARSHIPS, SO AS TO REVISE THE DEFINITION OF PUBLIC OR INDEPENDENT INSTITUTION; AND TO AMEND SECTION 59-149-50, AS AMENDED, RELATING TO LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT A STUDENT WHOSE PARENT OR GUARDIAN HAS SERVED IN OR HAS RETIRED FROM ONE OF THE UNITED STATES ARMED FORCES WITHIN THE LAST FOUR YEARS AND HAS MET CERTAIN OTHER REQUIREMENTS IS ELIGIBLE FOR IN-STATE TUITION AND FEES AND TO PROVIDE THAT THE CUMULATIVE GRADE POINT AVERAGE CALCULATION MUST INCLUDE THE STUDENT'S GRADE POINT AVERAGE AT ALL PUBLIC OR INDEPENDENT INSTITUTIONS ATTENDED BY THE STUDENT.
Very respectfully,
Speaker of the House

Received as information

VETO OVERRIDDEN

The veto of the Governor was taken up for immediate consideration.

Senator COURSON moved that the veto be overridden.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 35; Nays 7

AYES

Alexander                 Anderson                  Cleary
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Hawkins                   Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Leventis                  Lourie
Malloy                    Martin                    Matthews
McGill                    Moore                     O'Dell
Patterson                 Peeler                    Rankin
Reese                     Richardson                Scott
Setzler                   Sheheen                   Smith, J. Verne
Thomas                    Williams

Total--35

NAYS

Bryant                    Campsen                   Gregory
Grooms                    McConnell                 Ritchie
Verdin

Total--7

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 14, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.180, H. 3250 by a vote of 90 to 16:

(R180, H3250 (Word version)) -- Reps. White, Weeks, Hamilton, Leach, Walker, Davenport, Mahaffey, Young and Allen: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 25 TO TITLE 37 SO AS TO PROVIDE FOR LIMITATIONS ON THE DISPENSING OF AN OPHTHALMIC CONTACT LENS OR LENSES WITHOUT A VALID UNEXPIRED PRESCRIPTION FROM A LICENSED DISPENSER, TO PROVIDE MINIMUM REQUIREMENTS FOR THE ISSUANCE OF A PRESCRIPTION, TO PROVIDE FOR A TWELVE MONTH LIMIT ON A PRESCRIPTION FOR CONTACT LENS WITHOUT POWER, AND TO PROVIDE FOR A CIVIL PENALTY FOR A VIOLATION AND ENFORCEMENT BY THE DEPARTMENT OF CONSUMER AFFAIRS.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

The veto of the Governor was taken up for immediate consideration.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 40; Nays 3

AYES

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Ford                      Gregory                   Hawkins
Hayes                     Hutto                     Jackson
Knotts                    Land                      Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill
Moore                     O'Dell                    Patterson
Peeler                    Pinckney                  Rankin
Reese                     Richardson                Ritchie
Scott                     Setzler                   Sheheen
Smith, J. Verne           Thomas                    Verdin
Williams

Total--40

NAYS

Fair                      Grooms                    Ryberg

Total--3

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 14, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.183, H. 3383 by a vote of 101 to 5:

(R183, H3383 (Word version)) -- Reps. Loftis, Cato, Leach, Frye, Barfield, Hosey, J.R. Smith and Witherspoon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, TITLE 40 SO AS TO ENACT THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, INCLUDING PROVISIONS TO LICENSE AND REGULATE THE FIRE SPRINKLER SYSTEMS INDUSTRY, AND, AMONG OTHER THINGS, TO ESTABLISH LICENSURE AND LICENSURE RENEWAL REQUIREMENTS AND FEES, TO PROVIDE GROUNDS FOR MISCONDUCT AND SANCTIONS FOR MISCONDUCT, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF FIRE SPRINKLER CONTRACTORS AND FIRE SPRINKLER SYSTEMS; TO AMEND SECTION 40-11-10, RELATING TO THE COMPOSITION OF THE SOUTH CAROLINA CONTRACTOR'S LICENSING BOARD, SO AS TO ADD A MEMBER TO THE BOARD WHO IS IN THE BUSINESS OF FIRE SPRINKLER SYSTEMS WORK; AND TO REPEAL CHAPTER 45 OF TITLE 23, RELATING TO FIRE PROTECTION SPRINKLER SYSTEMS ACT.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

The veto of the Governor was taken up for immediate consideration.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 35; Nays 7

AYES

Alexander                 Anderson                  Bryant
Courson                   Cromer                    Elliott
Fair                      Ford                      Gregory
Hawkins                   Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Leventis                  Lourie
Malloy                    Martin                    Matthews
McConnell                 McGill                    Moore
O'Dell                    Patterson                 Peeler
Rankin                    Reese                     Richardson
Scott                     Setzler                   Smith, J. Verne
Thomas                    Williams

Total--35

NAYS

Campsen                   Cleary                    Drummond
Grooms                    Ritchie                   Sheheen
Verdin

Total--7

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 14, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.138, S. 307 by a vote of 50 to 59:

Received as information.

Message from the House

Columbia, S.C., June 14, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.146, H. 3503 by a vote of 1 to 99:

(R146, H3503 (Word version)) -- Reps. Limehouse and Scarborough: AN ACT TO AMEND SECTION 56-3-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PERSONALIZED LICENSE PLATES BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT PERSONALIZED LICENSE PLATES ISSUED TO MEMBERS OF FEDERAL COMMISSIONS AND BOARDS EXPIRE JANUARY THIRTY-FIRST EACH YEAR IN WHICH A NEW SESSION OF THE GENERAL ASSEMBLY BEGINS.
Very respectfully,
Speaker of the House

Received as information.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 933 (Word version) -- Senator Jackson: A SENATE RESOLUTION TO RECOGNIZE THE BIBLE WAY CHURCH OF OUR LORD JESUS CHRIST, WORLD WIDE, INCORPORATED AS IT HOLDS ITS 2005 INTERNATIONAL CONVOCATION IN THE CITY OF COLUMBIA, SOUTH CAROLINA, FROM JULY 24 TO JULY 30, AND TO WISH ITS HOSTS, THE SOUTH CAROLINA DIOCESE, BISHOP THEODORE R. MYERS AND FIRST LADY NAN MYERS, AND THE MEETING'S PARTICIPANTS MUCH SUCCESS AS THEY GATHER TO STRENGTHEN THEIR COMMITMENT TO THE READING, TEACHING, AND PREACHING OF THE GOSPEL OF JESUS CHRIST.
l:\council\bills\swb\6600cm05.doc

The Senate Resolution was adopted.

S. 934 (Word version) -- Senators Rankin, McGill and Elliott: A SENATE RESOLUTION TO HONOR AND RECOGNIZE JOHNNY C. ALLEN UPON THE OCCASION OF HIS RETIREMENT AS HORRY COUNTY TREASURER AFTER TWENTY YEARS OF SERVICE AND TO WISH HIM BEST OF LUCK IN ALL FUTURE ENDEAVORS.
l:\s-res\lar\007alle.mrh.doc

The Senate Resolution was adopted.

S. 935 (Word version) -- Senators Setzler, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Williams: A SENATE RESOLUTION TO CONGRATULATE EDWIN J. ZOBEL ON THE OCCASION OF HIS LAST LEGISLATIVE SESSION AS AN EMPLOYEE OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION AND TO WISH HIM IMMENSE HAPPINESS IN HIS RETIREMENT.
l:\council\bills\dka\3483dw05.doc

The Senate Resolution was adopted.

S. 936 (Word version) -- Senators Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THE SOUTH CAROLINA OFFICE OF REGULATORY STAFF FOR AN OUTSTANDING FIRST YEAR IN ADVOCATING SAFE AND FAIR UTILITY REGULATION, AND TO EXTEND THE OFFICE AND ITS EXECUTIVE DIRECTOR, DUKES SCOTT, BEST WISHES IN ITS FUTURE WORK ON BEHALF OF SOUTH CAROLINIANS.
l:\council\bills\ggs\22261htc05.doc

The Concurrent Resolution was adopted, ordered sent to the House.

H. 4285 (Word version) -- Reps. Cato, Sandifer and Lee: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THE SOUTH CAROLINA OFFICE OF REGULATORY STAFF FOR AN OUTSTANDING FIRST YEAR IN ADVOCATING SAFE AND FAIR UTILITY REGULATION, AND TO EXTEND THE OFFICE AND ITS EXECUTIVE DIRECTOR, DUKES SCOTT, BEST WISHES IN ITS FUTURE WORK ON BEHALF OF SOUTH CAROLINIANS.

The Concurrent Resolution was adopted, ordered returned to the House.

HOUSE CONCURRENCES

S. 932 (Word version) -- Senator McGill: A CONCURRENT RESOLUTION TO COMMEND JAMES B. JOHNSON, JR., DIRECTOR OF THE SOUTH CAROLINA STATE LIBRARY, UPON HIS RETIREMENT AFTER MORE THAN THIRTY-THREE YEARS OF SERVICE AND TO WISH HIM BEST OF LUCK IN ALL OF HIS FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.

Returned with concurrence.

Received as information.

READ THE THIRD TIME
RETURNED TO THE HOUSE WITH AMENDMENTS

H. 4142 (Word version) -- Rep. Clyburn: A BILL TO AMEND ACT 595 OF 1992, RELATING TO THE BOARD OF TRUSTEES OF THE EDGEFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE SEVEN SINGLE-MEMBER DISTRICTS FROM WHICH THE TRUSTEES ARE ELECTED.

On motion of Senator MOORE

Message from the House

Columbia, S.C., June 14, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

Received as information.

READ THE THIRD TIME
RETURNED TO THE HOUSE WITH AMENDMENTS

On motion of Senator MOORE

Message from the House

Columbia, S.C., June 14, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

Received as information.

Committee to Inform the House

The PRESIDENT Pro Tempore appointed Senators MARTIN, RICHARDSON and SHEHEEN to a committee to inform the House of Representatives that the Senate had completed its business and was ready to adjourn Sine Die.

Committee to Inform the Governor

The PRESIDENT Pro Tempore appointed Senators LEATHERMAN, MOORE and PEELER to a committee to inform the Governor that the Senate had completed its business and was ready to adjourn Sine Die.

MOTION ADOPTED

On motion of Senator COURSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable Charles Evans Boineau of Columbia, S.C. He was a life-long Columbian and the first Republican elected to the State Legislature since Reconstruction. Mr. Boineau was elected to the House of Representatives in 1961 in a special election to fill an unexpired term, and in 1962 Mr. Boineau lost his bid for re-election.

ADJOURNMENT

At 1:54 P.M., on motion of Senator MARTIN, the Senate adjourned Sine Die.

* * *

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