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


Printed Page 3160 . . . . . Thursday, May 26, 2005

Thursday, May 26, 2005
(Statewide Session)


Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, the Psalmist said, (Psalm 27:14):

"Wait on the Lord: be of good courage and He shall strengthen thine heart; wait, I say, on the Lord."

Let us pray.

Our Father, we remember that the sculptor said that he did not do anything to the rock. The statue, the masterpiece, was always there. He merely cut away the pieces so that people could see the angel or the warrior or the statesman that was always there.

So, dear Lord, by the genius of Your Spirit, cut away the selfish and unworthy motives of our hearts that we may be the worthy public servant that is in Your mind that each of us shall become.
Amen!

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

Presentation of Service Pins

In commemoration of continuous service with the State of South Carolina, Senator McCONNELL, PRESIDENT Pro Tempore of the Senate, presented certificates and awarded service pins to the following Senate staff for their respective years of state service:

10 Year Pins
Ms. Debra Cooper
Mr. Jeff Gossett
Mr. Phil Lenski

20 Year Pins
Vanessa Collier
Kenneth Tisdale
Agnes Walker
Mary Nell Kreps


Printed Page 3161 . . . . . Thursday, May 26, 2005

30 Year Pins
David Jordan

40 Year Pins
Jane Fallaw

Senators McCONNELL and DRUMMOND also presented certificates and service pins to the following Senator for his years of service:

10 Year Pin
Senator KENT WILLIAMS

All were highly commended for their years of devoted and loyal service.

Leave of Absence

At 2:17 P.M., Senator O'DELL requested a leave of absence until Tuesday, May 31, 2005, at Noon.

Leave of Absence

At 2:17 P.M., Senator MESCHER requested a leave of absence until Tuesday, May 31, 2005, at Noon.

Leave of Absence

At 2:17 P.M., Senator RANKIN requested a leave of absence until Tuesday, May 31, 2005, at Noon.

Leave of Absence

At 3:40 P.M., Senator PATTERSON requested a leave of absence from 8:00 - 10:00 P.M. tonight.

Leave of Absence

At 7:00 P.M., Senator RYBERG requested a leave of absence until Tuesday at 8:00 A.M.

Leave of Absence

At 7:00 P.M., Senator KNOTTS requested a leave of absence until Tuesday at Noon.


Printed Page 3162 . . . . . Thursday, May 26, 2005

Leave of Absence

At 7:15 P.M., Senator WILLIAMS requested a leave of absence until Tuesday at Noon.

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

On motion of Senator LEATHERMAN, with unanimous consent, the Messages from the House on H. 3716, the General Appropriation Bill, were taken up for immediate consideration.

Senator McCONNELL spoke on the vetoes.

Message from the House

Columbia, S.C., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 103 to 7:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 4     Part IA; Section 5D; page 32; Clemson University;

Education & General; Unrestricted; Engineering Research

Centers; $791,272.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 4     Part IA; Section 5D; page 32; Clemson University;

Education & General; Unrestricted; Engineering Research

Centers; $791,272.

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

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


Printed Page 3163 . . . . . Thursday, May 26, 2005

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 43; Nays 1

AYES

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Cromer
Drummond                  Elliott                   Fair
Ford                      Gregory                   Grooms
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
Smith, J. Verne           Thomas                    Verdin
Williams

Total--43

NAYS

Hawkins

Total--1

*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.


Printed Page 3164 . . . . . Thursday, May 26, 2005

Message from the House

Columbia, S.C., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 80 to 31:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 5     Part IA; Section 5E; page 35; University of Charleston;

Education & General; Business - Economic Partnership

Initiative; $591,550.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 5     Part IA; Section 5E; page 35; University of Charleston;

Education & General; Business - Economic Partnership

Initiative; $591,550.

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

Senator LEATHERMAN 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 2

AYES

Alexander                 Anderson                  Campsen
Cleary                    Cromer                    Drummond
Elliott                   Fair                      Ford
Gregory                   Grooms                    Hayes
Hutto                     Jackson                   Knotts

Printed Page 3165 . . . . . Thursday, May 26, 2005

Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill *
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Reese *                   Richardson
Ritchie                   Scott                     Setzler
Sheheen                   Short *                   Smith, J. Verne
Thomas                    Verdin                    Williams

Total--42

NAYS

Bryant                    Ryberg

Total--2

*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., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 75 to 36:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 6     Part IA; Section 5E; page 35; University of Charleston;

Education & General; Education - Effective Teaching and

Learning; $501,800.
Very respectfully,
Speaker of the House

Received as information.


Printed Page 3166 . . . . . Thursday, May 26, 2005

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 6   Part IA; Section 5E; page 35; University of Charleston;

Education & General; Education - Effective Teaching and

Learning; $501,800

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

Senator LEATHERMAN 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 3

AYES

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

Total--41

NAYS

Bryant                    Hawkins                   Ryberg

Total--3


Printed Page 3167 . . . . . Thursday, May 26, 2005

*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., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 74 to 34:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 7     Part IA; Section 5G; page 39; Francis Marion University;

Education & General; Unrestricted; Small and Minority

Business Assistance; $500,000.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 7     Part IA; Section 5G; page 39; Francis Marion University;

Education & General; Unrestricted; Small and Minority

Business Assistance; $500,000

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

Senator GREGORY argued in favor of the veto of the Governor.

Senator LEATHERMAN spoke on the veto.

Senator WILLIAMS spoke on the veto.

Senator RYBERG spoke on the veto.

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


Printed Page 3168 . . . . . Thursday, May 26, 2005

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 4

AYES

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

Total--37

NAYS

Campsen                   Gregory                   Hawkins
Ryberg

Total--4

*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.


Printed Page 3169 . . . . . Thursday, May 26, 2005

Message from the House

Columbia, S.C., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 73 to 34:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 8     Part IA; Section 5G; page 39; Francis Marion University;

Education & General; Unrestricted; Omega Project;

$56,147.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 8     Part IA; Section 5G; page 39; Francis Marion University;

Education & General; Unrestricted; Omega Project;

$56,147.

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

Senator KNOTTS spoke on the veto.

Senator LEATHERMAN spoke on the veto.

Senator LEATHERMAN 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 4

AYES

Alexander                 Anderson                  Cleary
Courson                   Cromer                    Drummond 

Printed Page 3170 . . . . . Thursday, May 26, 2005

Elliott                   Fair                      Ford
Gregory                   Grooms                    Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill *
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Reese                     Richardson
Ritchie                   Scott                     Setzler
Sheheen                   Short                     Smith, J. Verne
Thomas                    Verdin                    Williams

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 89 to 20:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 9     Part IA; Section 5KC; page 49; USC - Upstate; Education

& General; Unrestricted; Other Operating Expenses;

$1,000,000.


Printed Page 3171 . . . . . Thursday, May 26, 2005

Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 9     Part IA; Section 5KC; page 49; USC - Upstate; Education

& General; Unrestricted; Other Operating Expenses;

$1,000,000.

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

Senator LEATHERMAN 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 1

AYES

Alexander                 Anderson                  Bryant
Cleary                    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
Rankin                    Reese                     Richardson
Ritchie                   Ryberg                    Scott
Setzler                   Sheheen                   Smith, J. Verne
Thomas                    Verdin                    Williams

Total--42


Printed Page 3172 . . . . . Thursday, May 26, 2005

NAYS

Campsen

Total--1

*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., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 87 to 21:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 10     Part IA; Section 5KD; page 51; USC - Beaufort

Campus; Education & General; Unrestricted; Other

Operating Expenses; $500,000.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 10     Part IA; Section 5KD; page 51; USC - Beaufort

Campus; Education & General; Unrestricted; Other

Operating Expenses; $500,000.

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

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


Printed Page 3173 . . . . . Thursday, May 26, 2005

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 2

AYES

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

Total--41

NAYS

Hawkins                   O'Dell

Total--2

*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.


Printed Page 3174 . . . . . Thursday, May 26, 2005

Message from the House

Columbia, S.C., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 86 to 24:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 11     Part IA; Section 5KF; page 55; USC - Salkehatchie

Campus; Education & General; Unrestricted;

Salkehatchie Leadership Center; $100,460.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 11     Part IA; Section 5KF; page 55; USC - Salkehatchie

Campus; Education & General; Unrestricted;

Salkehatchie Leadership Center; $100,460.

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

Senator LEATHERMAN 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 4

AYES

Alexander                 Anderson                  Cleary
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Gregory                   Grooms                    Hayes
Hutto                     Jackson                   Knotts   

Printed Page 3175 . . . . . Thursday, May 26, 2005

Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill *
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Reese                     Richardson
Ritchie                   Scott                     Setzler
Sheheen                   Short                     Smith, J. Verne
Thomas                    Verdin                    Williams

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 106 to 5:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 12     Part I A; Section 5MA; page 63; Medical University of

South Carolina; Education & General; Unrestricted;

Rural Dentists Incentive; $250,000.
Very respectfully,
Speaker of the House

Received as information.


Printed Page 3176 . . . . . Thursday, May 26, 2005

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 12     Part I A; Section 5MA; page 63; Medical University of

South Carolina; Education & General; Unrestricted;

Rural Dentists Incentive; $250,000.

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

Senator LEATHERMAN 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 1

AYES

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

Total--41


Printed Page 3177 . . . . . Thursday, May 26, 2005

NAYS

Hawkins

Total--1

*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., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 91 to 20:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 13     Part IA: Section 5N; page 67; Technical &

Comprehensive Education Bd; Instructional Programs;

Technical Colleges; Trident Tech-Culinary Arts;

$775,000.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 13     Part IA: Section 5N; page 67; Technical &

Comprehensive Education Bd; Instructional Programs;

Technical Colleges; Trident Tech-Culinary Arts;

$775,000.

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


Printed Page 3178 . . . . . Thursday, May 26, 2005

Senator LEATHERMAN 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 1

AYES

Alexander                 Anderson                  Campsen
Cleary                    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
Rankin                    Reese                     Richardson
Ritchie                   Ryberg                    Scott
Setzler                   Sheheen                   Smith, J. Verne
Thomas                    Verdin                    Williams

Total--42

NAYS

Bryant

Total--1

*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.


Printed Page 3179 . . . . . Thursday, May 26, 2005

Message from the House

Columbia, S.C., May 26, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 72 to 30:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 14     Part IA; Section 6; page 71; Educational Television

Commission; Program and Services; Public Education;

School Services; Other Operating Expenses; $20,000.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 14     Part IA; Section 6; page 71; Educational Television

Commission; Program and Services; Public Education;

School Services; Other Operating Expenses; $20,000

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

Senator LEATHERMAN 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 39; Nays 2

AYES

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory
Grooms                    Hayes                     Hutto   

Printed Page 3180 . . . . . Thursday, May 26, 2005

Jackson                   Knotts                    Land
Leatherman                Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill *                  Moore                     Patterson
Peeler                    Pinckney                  Reese
Richardson                Ritchie                   Scott
Setzler                   Sheheen                   Smith, J. Verne
Thomas                    Verdin                    Williams

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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., May 26, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 71 to 30:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 15     Part I A; Section 6; page 71; Educational Television

Commission; Program and Services; Public Education;

General Support and Services; Other Personal Services;

$75,000.
Very respectfully,
Speaker of the House

Received as information.


Printed Page 3181 . . . . . Thursday, May 26, 2005

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 15     Part I A; Section 6; page 71; Educational Television

Commission; Program and Services; Public Education;

General Support and Services; Other Personal Services;

$75,000.

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

Senator LEATHERMAN 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 39; Nays 2

AYES

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

Total--39


Printed Page 3182 . . . . . Thursday, May 26, 2005

NAYS

Hawkins                   Ryberg

Total--2

*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., May 26, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 68 to 29:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 16     Part IA; Section 6; page 72; Educational Television

Commission; Program and Services; Agency Services;

Local Government and Business Services; Other

Operating Expenses; $9,626.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 16     Part IA; Section 6; page 72; Educational Television

Commission; Program and Services; Agency Services;

Local Government and Business Services; Other

Operating Expenses; $9,626.

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


Printed Page 3183 . . . . . Thursday, May 26, 2005

Senator LEATHERMAN 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 39; Nays 2

AYES

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

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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.


Printed Page 3184 . . . . . Thursday, May 26, 2005

Message from the House

Columbia, S.C., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 84 to 31:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 17     Part IA; Section 6; page 72; Educational Television

Commission; Program and Services; General Support

and Services; Other Operating Expenses; $759,000.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 17     Part IA; Section 6; page 72; Educational Television

Commission; Program and Services; General Support

and Services; Other Operating Expenses; $759,000.

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

Senator LEATHERMAN 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 4

AYES

Alexander                 Anderson                  Cleary
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Gregory                   Grooms                    Hayes
Hutto                     Jackson                   Knotts   

Printed Page 3185 . . . . . Thursday, May 26, 2005

Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill *
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Reese                     Richardson
Ritchie                   Scott                     Setzler
Sheheen                   Short                     Smith, J. Verne
Thomas                    Verdin                    Williams

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 94 to 15:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 18     Part IA; Section 8; page 79; Department of Health and

Human Services; Programs and Services; Other Entities

Assistance; ReGenesis Community Health Center;

$100,000.


Printed Page 3186 . . . . . Thursday, May 26, 2005

Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 18     Part IA; Section 8; page 79; Department of Health and

Human Services; Programs and Services; Other Entities

Assistance; ReGenesis Community Health Center;

$100,000.

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

Senator LEATHERMAN 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 43; Nays 3

AYES

Alexander                 Anderson                  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                   Scott
Setzler                   Sheheen                   Short 

Printed Page 3187 . . . . . Thursday, May 26, 2005

Smith, J. Verne           Thomas                    Verdin
Williams

Total--43

NAYS

Bryant                    Campsen                   Ryberg

Total--3

*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., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 93 to 11:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 19     Part IA; Section 9; page 85; Department of Health and

Environmental Control; Programs and Services; Family

Health; Access to Care; Lancaster Kershaw Health

Center; $175,738.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 19     Part IA; Section 9; page 85; Department of Health and

Environmental Control; Programs and Services; Family


Printed Page 3188 . . . . . Thursday, May 26, 2005

Health; Access to Care; Lancaster Kershaw Health

Center; $175,738.

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

Senator LEATHERMAN 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 4

AYES

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

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4


Printed Page 3189 . . . . . Thursday, May 26, 2005

*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., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 91 to 12:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 20     Part IA; Section 9; page 85; Department of Health and

Environmental Control; Programs and Services; Family

Health; Access to Care; Family Health Centers;

$444,603.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 20     Part IA; Section 9; page 85; Department of Health and

Environmental Control; Programs and Services; Family

Health; Access to Care; Family Health Centers;

$444,603.

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

Senator LEATHERMAN 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?"


Printed Page 3190 . . . . . Thursday, May 26, 2005

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

Ayes 42; Nays 4

AYES

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

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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.


Printed Page 3191 . . . . . Thursday, May 26, 2005

Message from the House

Columbia, S.C., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 93 to 4:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 21     Part IA; Section 10; page 94; Department of Mental

Health; Programs and Services; Support Services; Other

Personal Services; $452,395.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 21     Part IA; Section 10; page 94; Department of Mental

Health; Programs and Services; Support Services; Other

Personal Services; $452,395.

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

Senator LEATHERMAN 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 36; Nays 4

AYES

Alexander                 Anderson                  Cleary
Cromer                    Drummond                  Elliott
Fair                      Ford                      Grooms
Hayes                     Hutto                     Jackson
Knotts                    Land                      Leatherman

Printed Page 3192 . . . . . Thursday, May 26, 2005

Leventis                  Lourie                    Malloy
Matthews                  McConnell                 McGill *
Mescher                   O'Dell                    Patterson
Peeler                    Rankin                    Reese
Richardson                Ryberg                    Scott
Setzler                   Sheheen                   Smith, J. Verne
Thomas                    Verdin                    Williams

Total--36

NAYS

Bryant                    Campsen                   Gregory
Hawkins

Total--4

*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., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 99 to 4:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 22     Part IA; Section 11; page 98; Department of Disabilities

and Special Needs; Programs & Services; Mental

Retardation Family Support Program; Children's

Services; Special Olympics; $174,175.
Very respectfully,
Speaker of the House

Received as information.


Printed Page 3193 . . . . . Thursday, May 26, 2005

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 22     Part IA; Section 11; page 98; Department of Disabilities

and Special Needs; Programs & Services; Mental

Retardation Family Support Program; Children's

Services; Special Olympics; $174,175.

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

Senator MOORE argued in favor of overriding the veto.

Remarks by Senator MOORE

This is the third consecutive year that Special Olympics has been vetoed. It does sound good to talk about private industry assisting and private funding of transporting the clients to Special Olympics. But there are 22 tournaments across the State. At those 22 tournaments, 10,000 children and 6,000 adults participate, and the only way that they get to these tournaments is through transportation that is funded by this General Assembly. Unlike public schools that have buses available, which we fund, the children participating in Special Olympics do not have that available to them. It is no different in concept, and if this General Assembly does not fund the transportation of these clients to the Special Olympics games, the games are not going to happen.

Senator RYBERG argued in favor of sustaining the veto.

Senator FORD spoke on the veto.

Remarks By Senator Ford

I agree with the Senator from Aiken that we should draw some lines, but Mr. PRESIDENT and members of the Senate, you don't want to draw the lines on kids with special needs. We can draw the lines on a lot on the six billion dollar budget, but when you talk about kids with special needs, you're talking about the least. And one of the most beautiful passages in the Bible is, "Blessed are the meek, for they shall inherit the earth."

How can anybody not stand up and say that we should draw the lines on kids who need us the most? Now I don't have a major income, but the little income I have, the people that get it the most are those people who are the meek, because they should inherit the earth. And we talk about Special Olympics... I know we cannot get anyone in the Senate


Printed Page 3194 . . . . . Thursday, May 26, 2005

to vote against these children. And my good friend, Governor Mark Sanford, simply made a mistake. You don't want to go down in history as voting against the most needy. There's no religion on the planet that would support anything like that and I just hope that we vote 46 to 0 to override this veto.

Senator DRUMMOND spoke on the veto.

Senator KNOTTS spoke on the veto.

Remarks by Senator KNOTTS

Thank you, Mr. PRESIDENT.

About three and a half years ago, Representative Mac Toole from my district, and several others started receiving complaints about our mentally disabled children and vulnerable adults that were being cared for by the Babcock Center. For the last three years, he and I both have done everything we have known to do to protect all patients of the Babcock Center. There were people that were dying, or who had been dead for eight hours, but the Babcock staff had listed that those same patients had been checked on every hour on the hour. There were patients that were being sold rings, Senator SETZLER. They were working at our convenience stations in Lexington. State employees or people involved with the Babcock Center have been convicted for taking advantage of these vulnerable adults. There were cases where a vulnerable adult was working at a convenience station unloading garbage bags from vehicles and that the adult was proud to do it. The adult had a job for minimum wage. They were being sold little trinket rings for $250 dollars that were initially purchased at the flea markets for $10-$15 dollars. We are told that they were going to take them on a vacation to Myrtle Beach and Disney World and were told that they would be given so much money each week and the vacations never occurred.

We need to take and give every possible chance we can to these people because they are very proud people. I do not know of a person that is not handicapped who would be so proud to take the trash out of your vehicle in the rain or snow to keep you from having to getting out and tell you thank you for letting them do it.

There are a lot of things in this budget that need to be cut. If you want to cut something, cut that. But do not cut the pride of these people. As the Senator from Greenwood said, I am very close to these people. I have seen them all geared up to race 40 - 50 yards and they were all so proud that they crossed the finish line regardless of what


Printed Page 3195 . . . . . Thursday, May 26, 2005

place they finished. In their minds, they were all winners. They felt like winners because they were able to finish the race themselves. These people are not looking for handouts. They are not looking for someone to take care of them because they want to beat the system. They want to be taken care of because they accomplished it themselves. This little bit of money that they are asking for is a drop in the bucket of this budget. If there has ever been a more needed funding in this budget, I do not know what it is. All you have to do is look in their eyes whenever they have accomplished the smallest goal in life. They are happy and loving people.

I took several of my cooking friends to the Special Olympics and fed all of them. It was all that I could do to keep them from helping me wash dishes or pick up trash. I did not have to ask for it to be done. They volunteered. These special people should be the pride of South Carolina. They should not be treated any differently than our children and adults that can get out and raise money.

Thank you.

Senator SETZLER spoke on the veto.

Remarks by Senator SETZLER

Mr. PRESIDENT, ladies and gentleman of the Senate, I am going to be brief. I think the other Senator from Aiken's intentions are good, and I don't take exception to his intentions. I think his intentions are honorable and he believes that is the right thing to do. I personally disagree with that position. Maybe the private sector can take care of it. I can tell you that I have a daughter who spends every school day with sixth, seventh and eighth grade learning disabled children. I know that some of you have children who teach in the public schools or work with these children and understand the needs that they have and the special joys and relationships they build in doing things that we very fortunately take for granted -- everyday activities that we have the ability to do that they don't. I have no qualms about voting to override on this, because I think we as a State have a constitutional obligation to education. But I think we have an obligation, likewise, to take care of those who sometimes may not be able to do all that we can do and have the compassion and understanding to understand that they need something, maybe different from the rest of us. Senator from Aiken, I think that the Senator from Horry may have made a good suggestion. Maybe if it is your belief, or not just yours, I don't want to point you out, because like I say, you and I have been working very closely


Printed Page 3196 . . . . . Thursday, May 26, 2005

together on this Retirement Bill. But if there are folks who believe that this ought to be done in the private sector, I would hope you would consider what the Senator from Horry said, and that is, support this override in this particular budget, and then send the message to the private sector next year and see if the money is raised beforehand. I, for one, will not risk losing the opportunity to help these students be able to participate in the Special Olympics this year, and I'll stand here again next year if the money is not available, to vote to override if it is necessary. I do hope that we will keep what I think is our obligation and our duty to also take care of these citizens of South Carolina.

On motion of Senator JACKSON, with unanimous consent, the Remarks of Senators MOORE, FORD, KNOTTS and SETZLER, were ordered printed in the Journal.

Senator LEATHERMAN 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 40; Nays 2

AYES

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Grooms
Hawkins                   Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill *                  Mescher                   Moore
Patterson                 Peeler                    Pinckney
Reese                     Richardson                Ritchie
Scott                     Setzler                   Sheheen

Printed Page 3197 . . . . . Thursday, May 26, 2005

Smith, J. Verne           Thomas                    Verdin
Williams

Total--40

NAYS

Gregory                   Ryberg

Total--2

*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., May 26, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 68 to 30:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 23     Part IA; Section 13; page 111; Department of Social

Services; Programs and Services; Employment and

Training Services; Case Management; Greenville Urban

League; $18,389.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 23     Part IA; Section 13; page 111; Department of Social

Services; Programs and Services; Employment and


Printed Page 3198 . . . . . Thursday, May 26, 2005

Training Services; Case Management; Greenville Urban

League; $18,389.

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

Senator LEATHERMAN 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 39; Nays 2

AYES

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

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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.


Printed Page 3199 . . . . . Thursday, May 26, 2005

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., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 82 to 29:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 24     Part IA; Section 15; page 119; Department of Archives

and History; Historical Services; Old Exchange

Building; $150,000.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 24     Part IA; Section 15; page 119; Department of Archives

and History; Historical Services; Old Exchange

Building; $150,000.

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

Senator LEATHERMAN 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 37; Nays 4

AYES

Alexander                 Anderson                  Bryant

Printed Page 3200 . . . . . Thursday, May 26, 2005

Campsen                   Cleary                    Cromer
Drummond                  Elliott                   Ford
Grooms                    Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Leventis                  Lourie
Malloy                    Matthews                  McConnell
McGill *                  Mescher                   O'Dell
Patterson                 Peeler                    Rankin
Reese                     Richardson                Ritchie
Scott                     Setzler                   Sheheen
Smith, J. Verne           Thomas                    Verdin
Williams

Total--37

NAYS

Fair                      Gregory                   Hawkins
Ryberg

Total--4

*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., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 77 to 35:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 25     Part IA; Section 18; page 122; Arts Commission;

Statewide Arts Service; Other Operating Expenses;

$125,500.


Printed Page 3201 . . . . . Thursday, May 26, 2005

Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 25     Part IA; Section 18; page 122; Arts Commission;

Statewide Arts Service; Other Operating Expenses;

$125,500.

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

Senator LEATHERMAN 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 37; Nays 4

AYES

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

Total--37


Printed Page 3202 . . . . . Thursday, May 26, 2005

NAYS

Campsen                   Cleary                    Hawkins
Ryberg

Total--4

*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., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 102 to 10:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 26     Part IA; Section 21; page 131; Forestry Commission;

Administration; Other Operating Expenses; $128,520.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 26     Part IA; Section 21; page 131; Forestry Commission;

Administration; Other Operating Expenses; $128,520.

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

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


Printed Page 3203 . . . . . Thursday, May 26, 2005

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 4

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

Ayes 42; Nays 4

AYES

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

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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.


Printed Page 3204 . . . . . Thursday, May 26, 2005

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., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 109 to 2:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 27     Part I A; Section 23; page 137; Clemson University

(Public Service Activities); Agricultural Research; Other

Operating Expenses; $1,798,539.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 27     Part I A; Section 23; page 137; Clemson University

(Public Service Activities); Agricultural Research; Other

Operating Expenses; $1,798,539.

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

Senator RYBERG spoke on the veto.

Senator LEATHERMAN spoke on the veto.

Senator RYBERG moved to carry over the veto.

Senator LEATHERMAN moved to table the motion to carry over the veto.

The motion to carry over the veto was laid on the table.

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


Printed Page 3205 . . . . . Thursday, May 26, 2005

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 2

AYES

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

Total--40

NAYS

Hawkins                   Ryberg

Total--2

*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.


Printed Page 3206 . . . . . Thursday, May 26, 2005

Message from the House

Columbia, S.C., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 97 to 17:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 28     Part IA, Section 26, page 150; Department of Parks,

Recreation and Tourism, Administration, Tourism Sales

and Marketing, Contributions; $377,586.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 28     Part IA, Section 26, page 150; Department of Parks,

Recreation and Tourism, Administration, Tourism Sales

and Marketing, Contributions; $377,586

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

Senator LEATHERMAN 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 34; Nays 6

AYES

Alexander                 Anderson                  Campsen
Cleary                    Cromer                    Drummond
Elliott                   Ford                      Grooms
Hayes                     Hutto                     Jackson
Land                      Leatherman                Leventis

Printed Page 3207 . . . . . Thursday, May 26, 2005

Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill *
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Rankin
Reese                     Scott                     Setzler
Sheheen                   Smith, J. Verne           Verdin
Williams

Total--34

NAYS

Bryant                    Fair                      Gregory
Hawkins                   Richardson                Ryberg

Total--6

*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., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 93 to 18:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 29     Part IA; Section 26; page 150; Department of Parks,

Recreation & Tourism; Administration; Tourism Sales &

Marketing; Canadian Promotions; $85,000.
Very respectfully,
Speaker of the House

Received as information.


Printed Page 3208 . . . . . Thursday, May 26, 2005

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 29     Part IA; Section 26; page 150; Department of Parks,

Recreation & Tourism; Administration; Tourism Sales &

Marketing; Canadian Promotions; $85,000.

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

Senator LEATHERMAN 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 7

AYES

Alexander                 Anderson                  Campsen
Cromer                    Drummond                  Elliott
Fair                      Ford                      Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
McConnell                 McGill *                  Mescher
Moore                     Patterson                 Peeler
Rankin                    Reese                     Setzler
Smith, J. Verne           Thomas                    Williams

Total--30

NAYS

Bryant                    Cleary                    Gregory
Hawkins                   Ritchie                   Ryberg
Verdin

Total--7


Printed Page 3209 . . . . . Thursday, May 26, 2005

*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., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 91 to 15:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 30     Part IA; Section 26; page 151; Department of Parks,

Recreation & Tourism; Administration; Tourism Sales &

Marketing; Wildlife Expo; $175,000.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 30     Part IA; Section 26; page 151; Department of Parks,

Recreation & Tourism; Administration; Tourism Sales &

Marketing; Wildlife Expo; $175,000.

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

Senator LEATHERMAN 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?"


Printed Page 3210 . . . . . Thursday, May 26, 2005

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

Ayes 32; Nays 7

AYES

Alexander                 Anderson                  Campsen
Cromer                    Drummond                  Elliott
Ford                      Hayes                     Hutto
Knotts                    Land                      Leatherman
Leventis                  Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill *                  Mescher                   Moore
O'Dell                    Patterson                 Peeler
Rankin                    Reese                     Scott
Setzler                   Sheheen                   Smith, J. Verne
Thomas                    Williams

Total--32

NAYS

Bryant                    Cleary                    Fair
Gregory                   Richardson                Ryberg
Verdin

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., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 77 to 34:


Printed Page 3211 . . . . . Thursday, May 26, 2005

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 31     Part IA; Section 26; page 151; Department of Parks,

Recreation & Tourism; Administration; Tourism Sales &

Marketing; US Youth Games; $25,000.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 31     Part IA; Section 26; page 151; Department of Parks,

Recreation & Tourism; Administration; Tourism Sales &

Marketing; US Youth Games; $25,000.

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

Senator LEATHERMAN spoke on the veto.

Senator LEATHERMAN 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 35; Nays 7

AYES

Alexander                 Anderson                  Campsen
Cromer                    Drummond                  Elliott
Fair                      Ford                      Grooms
Hayes                     Hutto                     Jackson
Knotts                    Land                      Leatherman
Leventis                  Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill *                  Mescher                   Moore
O'Dell                    Patterson                 Peeler
Rankin                    Reese                     Scott

Printed Page 3212 . . . . . Thursday, May 26, 2005

Setzler                   Sheheen                   Smith, J. Verne
Thomas                    Williams

Total--35

NAYS

Bryant                    Cleary                    Gregory
Hawkins                   Richardson                Ryberg
Verdin

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., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 85 to 23:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 32     Part I A; Section 26; page 151; Department of Parks,

Recreation & Tourism; Administration; Recreation

Planning, Eng.; Palmetto Conservation Foundation;

$109,180.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 32     Part I A; Section 26; page 151; Department of Parks,


Printed Page 3213 . . . . . Thursday, May 26, 2005

Recreation & Tourism; Administration; Recreation

Planning, Eng.; Palmetto Conservation Foundation;

$109,180.

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

Senator LEATHERMAN spoke on the veto.

Senator LEVENTIS spoke on the veto.

Senator LEATHERMAN 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 37; Nays 5

AYES

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

Total--37

NAYS

Bryant                    Cleary                    Gregory
Richardson                Ryberg

Total--5


Printed Page 3214 . . . . . Thursday, May 26, 2005

*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., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 91 to 24:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 33     Part IA; Section 26; page 151; Department of Parks,

Recreation & Tourism; Administration; Recreation

Planning, Eng.; Palmetto Trails; $90,820.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 33     Part IA; Section 26; page 151; Department of Parks,

Recreation & Tourism; Administration; Recreation

Planning, Eng.; Palmetto Trails; $90,820.

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

Senator LEATHERMAN 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?"


Printed Page 3215 . . . . . Thursday, May 26, 2005

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

Ayes 36; Nays 6

AYES

Alexander                 Anderson                  Campsen
Cromer                    Drummond                  Elliott
Fair                      Ford                      Grooms
Hayes                     Hutto                     Jackson
Knotts                    Land                      Leatherman
Leventis                  Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill *                  Mescher                   Moore
O'Dell                    Patterson                 Peeler
Rankin                    Reese                     Ritchie
Scott                     Setzler                   Sheheen
Thomas                    Verdin                    Williams

Total--36

NAYS

Bryant                    Cleary                    Gregory
Hawkins                   Richardson                Ryberg

Total--6

*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., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 78 to 36:


Printed Page 3216 . . . . . Thursday, May 26, 2005

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 34     Part IA; Section 26; page 151; Department of Parks,

Recreation & Tourism; Administration; Tourism Sales &

Marketing; Spoleto; $246,000.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 34     Part IA; Section 26; page 151; Department of Parks,

Recreation & Tourism; Administration; Tourism Sales &

Marketing; Spoleto; $246,000.

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

Senator LEATHERMAN 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 35; Nays 7

AYES

Alexander                 Anderson                  Campsen
Cromer                    Elliott                   Fair
Ford                      Grooms                    Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill *
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Rankin
Reese                     Ritchie                   Scott

Printed Page 3217 . . . . . Thursday, May 26, 2005

Setzler                   Sheheen                   Smith, J. Verne
Thomas                    Williams

Total--35

NAYS

Bryant                    Cleary                    Gregory
Hawkins                   Richardson                Ryberg
Verdin

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., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 89 to 22:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 35     Part IA; Section 27; page 155; Department of

Commerce; Administration & Support; Business

Solutions; SC Technology Alliance; $300,000.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT


Printed Page 3218 . . . . . Thursday, May 26, 2005

Veto 35     Part IA; Section 27; page 155; Department of

Commerce; Administration & Support; Business

Solutions; SC Technology Alliance; $300,000.

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

Senator LEATHERMAN 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                  Cromer
Drummond                  Elliott                   Ford
Hayes                     Hutto                     Knotts
Leatherman                Leventis                  Lourie
Malloy                    Martin                    McConnell
McGill *                  Mescher                   Moore
O'Dell                    Patterson                 Peeler
Rankin                    Reese                     Ritchie
Scott                     Setzler                   Sheheen
Smith, J. Verne           Thomas                    Williams

Total--30

NAYS

Bryant                    Campsen                   Cleary
Fair                      Gregory                   Grooms
Hawkins                   Richardson                Ryberg
Verdin

Total--10

*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.


Printed Page 3219 . . . . . Thursday, May 26, 2005

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., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 89 to 21:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 36     Part IA; Section 27; page 155; Department of

Commerce; Administration & Support; Business

Development; SC World Trade Park and Education

Center; $197,688.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 36     Part IA; Section 27; page 155; Department of

Commerce; Administration & Support; Business

Development; SC World Trade Park and Education

Center; $197,688.

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

Senator LEATHERMAN 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:


Printed Page 3220 . . . . . Thursday, May 26, 2005

Ayes 29; Nays 8

AYES

Alexander                 Anderson                  Campsen
Cromer                    Elliott                   Ford
Grooms                    Hayes                     Hutto
Knotts                    Land                      Leatherman
Leventis                  Lourie                    Malloy
Martin                    McConnell                 McGill *
Mescher                   Moore                     Patterson
Peeler                    Pinckney                  Reese
Ritchie                   Setzler                   Sheheen
Thomas                    Williams

Total--29

NAYS

Bryant                    Cleary                    Courson
Gregory                   Hawkins                   Richardson
Ryberg                    Verdin

Total--8

*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.

Statement by
Senators Richardson, Verdin, Gregory and Bryant

We voted against Vetoes 28-36 because we agree with the Governor that PRT should make these decisions through a grant process and not be directed by the Legislature through "pass through directories." These are all worthwhile projects and we support their funding.

RECESS

At 1:25 P.M., on motion of Senator LEATHERMAN, the Senate receded from business until 2:00 P.M.


Printed Page 3221 . . . . . Thursday, May 26, 2005

AFTERNOON SESSION

The Senate reassembled at 2:00 P.M. and was called to order by the PRESIDENT.

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on May 26, 2005, at 2:15 P.M. and the following Acts and Joint Resolutions were ratified:

(R111, S. 47 (Word version)) -- Senators Cromer, Elliott, Fair, Ford and Ritchie: AN ACT TO AMEND SECTION 16-3-655, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT WITH MINORS, SO AS TO PROVIDE THAT A CONVICTION OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE WITH CERTAIN MINORS CARRIES A MINIMUM TERM OF IMPRISONMENT OF TEN YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED, AND TO ADD THAT A PERSON IS GUILTY OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE IF THE PERSON ENGAGES IN SEXUAL BATTERY WITH A VICTIM WHO IS LESS THAN SIXTEEN YEARS OF AGE AND THE PERSON HAS A PREVIOUS CONVICTION FOR WHICH HE IS REQUIRED TO BE REGISTERED ON THE SEX OFFENDER REGISTRY; BY ADDING SECTION 23-3-465 SO AS TO PROVIDE THAT A PERSON REQUIRED TO BE REGISTERED ON THE SEX OFFENDER REGISTRY IS PROHIBITED FROM LIVING IN CAMPUS STUDENT HOUSING AT A PUBLIC INSTITUTION OF HIGHER LEARNING IN THIS STATE.
L:\COUNCIL\ACTS\47AHB05.DOC

(R112, S. 75 (Word version)) -- Senators Knotts, Hutto, O'Dell, Alexander, Cromer and Ford: AN ACT TO AMEND SECTION 42-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, OCCUPATIONAL DISEASES, AND THE PRESUMPTION THAT HEART OR RESPIRATORY DISEASES OCCURRING IN FIREFIGHTERS AROSE OUT OF AND IN THE COURSE OF THEIR EMPLOYMENT, SO AS TO PROVIDE THAT A CARDIAC-RELATED INCIDENT RESULTING IN IMPAIRMENT OR INJURY TO A LAW ENFORCEMENT OFFICER RESULTING


Printed Page 3222 . . . . . Thursday, May 26, 2005

IN TOTAL OR PARTIAL DISABILITY, OR DEATH, IS PRESUMED TO HAVE ARISEN OUT OF AND IN THE COURSE OF EMPLOYMENT UNDER CERTAIN CONDITIONS.
L:\COUNCIL\ACTS\75SD05.DOC

(R113, S. 97 (Word version)) -- Senators Land, Elliott and Ford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-7-25 SO AS TO PROVIDE ADDITIONAL FINDINGS OF THE GENERAL ASSEMBLY WITH RESPECT TO PROPERTY AVAILABLE FOR REDEVELOPMENT FOR PURPOSES OF THE TAX INCREMENT FINANCING ACT FOR COUNTIES; AND BY ADDING SECTION 37-1-130 SO AS TO PROVIDE THAT THE AMENDED TAX INCREMENT FINANCING ACT FOR COUNTIES DOES NOT RELIEVE A GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDER FROM LAWS REGULATING SUCH PROVIDERS; TO AMEND SECTION 31-7-20, RELATING TO EXISTING FINDINGS FOR PURPOSES OF THE ACT, SO AS TO EXTEND EXISTING FINDINGS WITH RESPECT TO THE ACT; TO AMEND SECTION 31-7-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE ACT, SO AS TO REVISE APPLICABLE DEFINITIONS TO EXTEND THE APPLICATION OF THE ACT TO MORE AREAS, INCLUDING RURAL AREAS, AND ADD ADDITIONAL ELEMENTS TO REDEVELOPMENT PROJECTS NECESSARY TO ASSIST THESE ADDITIONAL AREAS; TO AMEND SECTION 31-7-80, RELATING TO THE FINDINGS REQUIRED FOR A REDEVELOPMENT PROJECT ORDINANCE, SO AS TO REVISE THESE FINDINGS; AND TO AMEND SECTION 31-7-120, RELATING TO JOINTLY ADOPTED MUNICIPAL AND COUNTY REDEVELOPMENT PLANS, SO AS TO AUTHORIZE COUNTIES JOINTLY BY INTERGOVERNMENTAL AGREEMENTS TO ESTABLISH A MULTI-COUNTY OR REGIONAL AUTHORITY TO ESTABLISH REDEVELOPMENT PLANS AND PROPERTY WHEN SUCH PROJECTS HAVE ECONOMIC IMPACT BEYOND A SINGLE COUNTY AND PROVIDE FOR ALL SUCH AUTHORITIES TO ACT BY INTERGOVERNMENTAL AGREEMENT AND ORDINANCES OF COUNTIES PARTY TO THE AGREEMENT; TO AMEND SECTIONS 5-37-40 AND 5-37-50, RELATING TO IMPROVEMENT DISTRICTS AND THE MEANS OF ADOPTING IMPROVEMENT PLANS FOR PURPOSES OF THE MUNICIPAL IMPROVEMENT ACT OF 1999, SO AS TO


Printed Page 3223 . . . . . Thursday, May 26, 2005

FURTHER PROVIDE THE MANNER IN WHICH OWNER-OCCUPIED RESIDENTIAL PROPERTY MAY BE INCLUDED IN SUCH DISTRICTS AND TO INCORPORATE THESE REVISIONS IN THE RESOLUTION REQUIRED TO ESTABLISH SUCH DISTRICTS, AND TO AMEND SECTIONS 31-6-20, 31-6-30, AS AMENDED, AND 31-6-80, AS AMENDED, RELATING TO FINDINGS, DEFINITIONS, AND PROCEDURES FOR ADOPTING REDEVELOPMENT PLANS FOR PURPOSES OF THE TAX INCREMENT FINANCING LAW, SO AS TO PROVIDE ADDITIONAL FINDINGS OF THE GENERAL ASSEMBLY WITH RESPECT TO PROPERTY WITHIN A MUNICIPALITY AVAILABLE FOR REDEVELOPMENT; TO AMEND APPLICABLE DEFINITIONS TO EXTEND THE APPLICATION OF THE ACT TO MORE AREAS, INCLUDING AGRICULTURAL AREAS AND ADD ADDITIONAL ELEMENTS TO REDEVELOPMENT PROJECTS NECESSARY TO ASSIST THESE ADDITIONAL AREAS, AND TO REVISE THE FINDINGS REQUIRED IN THE IMPLEMENTING ORDINANCE.
L:\COUNCIL\ACTS\97HTC05.DOC

(R114, S. 204 (Word version)) -- Senator J. Verne Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-150-375 SO AS TO PROVIDE THAT CERTAIN VISUAL OR HEARING IMPAIRED OR MULTI-HANDICAPPED STUDENTS MAY RECEIVE STATE SCHOLARSHIP FUNDS TO ATTEND CERTAIN OUT-OF-STATE INSTITUTIONS.
L:\COUNCIL\ACTS\204SJ05.DOC

(R115, S. 268 (Word version)) -- Senators Peeler and Cleary: AN ACT TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS, AND AMONG OTHER THINGS, TO ESTABLISH LICENSURE BY ENDORSEMENT AND TO PROVIDE THAT BY SEPTEMBER 30, 2008, ALL LICENSED


Printed Page 3224 . . . . . Thursday, May 26, 2005

OPTOMETRISTS MUST BE LICENSED AS THERAPEUTICALLY-CERTIFIED OPTOMETRISTS AND TO PROVIDE TRANSITION PROVISIONS.
L:\COUNCIL\ACTS\268AC05.DOC

(R116, S. 321 (Word version)) -- Senators Moore and Martin: AN ACT TO AMEND CHAPTER 11, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-90 SO AS TO PROVIDE FOR A ROSTER PREPARED AND DISTRIBUTED BY THE DIVISION OF VETERANS AFFAIRS TO INCLUDE THE NAME AND PRINCIPAL ITEMS OF RECORD OF SPECIFIED PERSONS WHO SERVED ON ACTIVE DUTY DURING CERTAIN OPERATIONS OR CONFLICTS AND AN ORDER OF BATTLE INCLUDING SOUTH CAROLINA UNITS PARTICIPATING IN THE OPERATIONS OR CONFLICTS; AND TO REPEAL SECTION 73, PART II OF ACT 164 OF 1993 RELATING TO PUBLICATION AND DISTRIBUTION OF OTHER MILITARY ROSTERS.
L:\COUNCIL\ACTS\321SD05.DOC

(R117, S. 365 (Word version)) -- Senators Leatherman and Knotts: AN ACT TO AMEND SECTION 11-35-3030, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOND AND SECURITY FOR CONSTRUCTION CONTRACT PERFORMANCE AND PAYMENT PURSUANT TO THE STATE CONSOLIDATED PROCUREMENT CODE, SO AS TO REDUCE THE MAXIMUM RETENTION AMOUNT FOR EACH INSTALLMENT PENDING COMPLETION OF THE PROJECT FROM FIVE PERCENT TO THREE AND ONE-HALF PERCENT.
L:\COUNCIL\ACTS\365MM05.DOC

(R118, S. 557 (Word version)) -- Senator Richardson: AN ACT TO AMEND SECTION 42-1-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION BENEFITS OF PRISONERS IN THE CUSTODY OF THE COUNTY, SO AS TO AUTHORIZE A MUNICIPALITY TO COVER PRISONERS IN CUSTODY OF A MUNICIPALITY AND TO PROVIDE COVERAGE FOR CERTAIN PRISONERS WHEN THE COUNTY OR MUNICIPALITY ELECTS TO COVER ITS PRISONERS; AND TO AMEND SECTION 42-7-65, AS AMENDED,


Printed Page 3225 . . . . . Thursday, May 26, 2005

RELATING TO THE AVERAGE WEEKLY WAGE DESIGNATED FOR CERTAIN CATEGORIES OF EMPLOYEES, SO AS TO ADD MUNICIPAL PRISONERS.
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(R119, S. 588 (Word version)) -- Senators Martin, Thomas, Bryant, McConnell, Alexander, Hayes and Malloy: AN ACT TO AMEND CHAPTER 1 OF TITLE 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM SECURITIES ACT, SO AS TO ENACT THE SOUTH CAROLINA UNIFORM SECURITIES ACT OF 2005, PROVIDING FOR AN ENHANCED ROLE OF THE STATE IN SECURITIES REGULATION AND INVESTOR PROTECTION INCLUDING REGISTRATION OF INITIAL PUBLIC OFFERINGS BY ISSUERS AND CONTROL PERSONS; REGISTRATION OF BROKER-DEALERS AND THEIR AGENTS AND INVESTMENT ADVISORS AND THEIR REPRESENTATIVES; EXPANDED INVESTIGATORY AND ENFORCEMENT POWERS THROUGH SUBPOENA POWER, CRIMINAL PENALTIES SET BY THE STATE, AND STATE CIVIL AND ADMINISTRATIVE LIABILITY; FACILITATION OF ELECTRONIC FILING; AND INVESTOR EDUCATION; TO AMEND SECTION 31-13-200, RELATING TO HOUSING AND REDEVELOPMENT NOTES AND BONDS; SECTION 35-6-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE UNIFORM TRANSFER ON DEATH SECURITY REGISTRATION ACT; SECTION 37-1-202, RELATING TO TRANSACTIONS NOT SUBJECT TO THE CONSUMER PROTECTION CODE; SECTION 38-90-440, AS AMENDED, RELATING TO THE STATE REGISTRATION OF A CAPTIVE INSURANCE COMPANY; AND SECTION 41-44-60, RELATING TO THE PALMETTO SEED CAPITAL FUND, ALL SO AS TO CONFORM CROSS-REFERENCES TO THE UNIFORM SECURITIES ACT OF 2005.
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(R120, S. 607 (Word version)) -- Senators Lourie, J. Verne Smith, Anderson, Hayes, Land, Malloy, Ford, Elliott, Richardson, Matthews, Patterson, Grooms, McConnell, Short, Williams, Cleary, Leventis, Martin, Hutto, Scott, Thomas and Jackson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 7 TO TITLE 37 SO AS TO PROVIDE FOR THE LICENSING AND


Printed Page 3226 . . . . . Thursday, May 26, 2005

REGULATION OF CONSUMER CREDIT COUNSELING IN THIS STATE BY THE DEPARTMENT OF CONSUMER AFFAIRS INCLUDING DEFINITIONS, LICENSING REQUIREMENTS, A WRITTEN CONTRACT, A THOROUGH BUDGET ANALYSIS, A TRUST ACCOUNT WITH AT LEAST QUARTERLY ACCOUNTINGS TO THE CONSUMER, A SURETY BOND, A LIMITATION ON FEES, REPORTS TO THE DEPARTMENT, A LIST OF PROHIBITED ACTIVITIES, CIVIL AND CRIMINAL PENALTIES FOR A VIOLATION, AND MAKING A VIOLATION AN UNFAIR TRADE PRACTICE SUBJECT TO THE UNFAIR TRADE PRACTICES ACT.
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(R121, S. 637 (Word version)) -- Senators Jackson, Malloy, J. Verne Smith, Matthews, Reese, Short, McGill, Leventis, Williams, Patterson and Pinckney: AN ACT TO AMEND CHAPTER 68, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF STAFF LEASING SERVICES, SO AS TO CHANGE THE TERM "STAFF LEASING SERVICES" TO "PROFESSIONAL EMPLOYER ORGANIZATIONS" AND TO PROVIDE FOR THE LICENSURE AND REGULATION OF THESE ORGANIZATIONS THAT PROVIDE EMPLOYEES TO BUSINESSES GENERALLY ON A LONG TERM BASIS; AND AMONG OTHER THINGS, TO REQUIRE TWO YEARS OF INDUSTRY EXPERIENCE TO BE LICENSED AND TO PROVIDE A GRANDFATHER PROVISION FOR EXISTING LICENSEES PROVIDING THESE SERVICES; TO ESTABLISH CONTINUING EDUCATION REQUIREMENTS; TO AUTHORIZE THE DEPARTMENT OF CONSUMER AFFAIRS TO USE AN ASSURANCE ORGANIZATION TO CERTIFY THE QUALIFICATIONS OF A PROFESSIONAL EMPLOYER ORGANIZATION FOR LICENSURE; TO SPECIFY INSURANCE INFORMATION THAT AN ORGANIZATION MUST PROVIDE TO EMPLOYEES AND THE DEPARTMENT; AND TO FURTHER SPECIFY REQUIREMENTS WHEN PROVIDING EMPLOYEE INSURANCE.
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(R122, S. 746 (Word version)) -- Senators Matthews and Hutto: AN ACT TO ABOLISH THE ORANGEBURG COUNTY BOARD OF VOTER REGISTRATION AND THE ORANGEBURG COUNTY ELECTION


Printed Page 3227 . . . . . Thursday, May 26, 2005

COMMISSION AND TO CREATE THE ORANGEBURG COUNTY BOARD OF ELECTION AND REGISTRATION.
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(R123, S. 801 (Word version)) -- Senators Matthews, McGill, Leventis, Ritchie, Hutto, Elliott, Moore, Ford, Land, Scott, Williams, Malloy, Pinckney, Patterson, Anderson, Grooms and Rankin: A JOINT RESOLUTION TO CREATE THE I-95 CORRIDOR ECONOMIC POTENTIAL BLUE RIBBON STUDY COMMITTEE TO STUDY THE POTENTIAL FOR FURTHER ECONOMIC DEVELOPMENT OF THE I-95 CORRIDOR THROUGH THIS STATE AND TO MAKE RECOMMENDATIONS TO THE GOVERNOR AND GENERAL ASSEMBLY.
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(R124, S. 808 (Word version)) -- Senators Patterson, Courson, Lourie and Jackson: AN ACT TO DEVOLVE THE AUTHORITY TO APPOINT THE MEMBERS OF THE RICHLAND COUNTY RECREATION COMMISSION FROM THE RICHLAND COUNTY LEGISLATIVE DELEGATION TO THE GOVERNING BODY OF RICHLAND COUNTY AND TO PROVIDE THAT THE TERMS OF THE MEMBERS OF THE COMMISSION APPOINTED BY THE RICHLAND COUNTY LEGISLATIVE DELEGATION EXPIRE ON JUNE 30, 2005.
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(R125, H. 3067 (Word version)) -- Reps. J.R. Smith, Clark, Clyburn, Perry, D.C. Smith, Stewart and G.R. Smith: AN ACT TO AMEND SECTION 12-14-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INVESTMENT TAX CREDIT AGAINST STATE INCOME TAX ALLOWED FOR ECONOMIC IMPACT ZONE QUALIFIED MANUFACTURING AND PRODUCTIVE EQUIPMENT PROPERTY, SO AS TO EXTEND FOR CERTAIN TAXPAYERS THE TEN-YEAR CARRY-FORWARD PERIOD FOR UNUSED TAX CREDITS AND PROVIDE THE REQUIREMENTS NECESSARY FOR A TAXPAYER TO RECEIVE THE ADDITIONAL CARRY-FORWARD PERIOD.
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(R126, H. 3235 (Word version)) -- Reps. Witherspoon, R. Brown, Clark, Bowers and Mahaffey: AN ACT TO AMEND SECTION 49-23-70, AS


Printed Page 3228 . . . . . Thursday, May 26, 2005

AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DROUGHT RESPONSE AND CURTAILMENT OF NONESSENTIAL WATER USE DURING SEVERE OR EXTREME DROUGHT, SO AS TO FURTHER PROVIDE FOR THOSE PURPOSES INCLUDING AGRICULTURAL OPERATIONS FOR FOOD PRODUCTION THAT ARE CONSIDERED AN ESSENTIAL WATER USE AND ARE EXEMPT FROM THIS MANDATORY CURTAILMENT OF NONESSENTIAL WATER USES, TO PROVIDE FOR CERTAIN PRIORITIES IN THE ESSENTIAL AND NONESSENTIAL WATER USE CATEGORIES, AND TO AUTHORIZE THE DEPARTMENT OF AGRICULTURE TO SPECIFIC OTHER TERMS NECESSARY TO IMPLEMENT THIS SECTION.
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(R127, H. 3240 (Word version)) -- Rep. Witherspoon: AN ACT TO AMEND SECTION 46-40-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS AND USE OF MONIES IN THE GRAIN DEALERS GUARANTY FUND, SO AS TO PROVIDE THAT WHEN ALL MONIES RECEIVED FROM THE INSURANCE RESERVE FUND AND THE STATE GENERAL FUND BY THE GRAIN DEALERS GUARANTY FUND HAVE BEEN REPAID, THE RATE OF ASSESSMENT SHALL DROP FROM TWO CENTS A BUSHEL TO ONE CENT A BUSHEL, AND TO CREATE A COMMITTEE TO STUDY THE GRAIN DEALERS AND GRAIN PRODUCERS GUARANTY FUNDS.
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(R128, H. 3410 (Word version)) -- Reps. Harrison and Cotty: AN ACT TO AMEND SECTIONS 33-1-200 AND 33-31-120, AS AMENDED, BOTH RELATING TO THE FILING REQUIREMENTS OF CERTAIN DOCUMENTS, SO AS TO PROVIDE THAT THE DOCUMENT MUST BE IN A MEDIUM AND FORM AS PERMITTED BY THE SECRETARY OF STATE.
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(R129, H. 3499 (Word version)) -- Reps. Harrell, Wilkins, Townsend, Leach, Bales, G.R. Smith, J.R. Smith, Battle, Cobb-Hunter, Neilson, Clark, Harrison, Skelton, Moody-Lawrence, Rice, Harvin, Ott, J.E. Smith, Merrill, Mack, Hinson, Cotty, Norman, Talley, Chellis, Hardwick, Clemmons, Bailey, Dantzler, Walker, Cooper, E.H. Pitts, Ballentine, Bowers,


Printed Page 3229 . . . . . Thursday, May 26, 2005

Huggins and Hagood: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, ENTITLED PHYSICAL EDUCATION, SCHOOL HEALTH SERVICES, AND NUTRITIONAL STANDARDS, TO TITLE 59 SO AS TO ESTABLISH PHYSICAL EDUCATION, SCHOOL HEALTH SERVICES, AND NUTRITIONAL STANDARDS IN ELEMENTARY SCHOOLS; TO PROVIDE FOR THE AMOUNT OF PHYSICAL EDUCATION INSTRUCTION A STUDENT IN KINDERGARTEN THROUGH FIFTH GRADE MUST RECEIVE EACH WEEK ON A PHASED-IN BASIS; TO PROVIDE FOR A CERTAIN PHYSICAL EDUCATION TEACHER TO STUDENT RATIO ON A PHASED-IN BASIS; TO PROVIDE FOR A MEASURE OF EFFECTIVENESS OF THE PHYSICAL EDUCATION PROGRAM IN ALL PUBLIC SCHOOLS; TO PROVIDE FOR A PHYSICAL EDUCATION ACTIVITY DIRECTOR; TO PROVIDE FOR THE APPROPRIATION OF FUNDS FOR LICENSED NURSES FOR ELEMENTARY PUBLIC SCHOOLS; TO PROVIDE CERTAIN NUTRITIONAL STANDARDS FOR ELEMENTARY SCHOOLS; TO PROVIDE FOR A COORDINATED SCHOOL HEALTH MODEL AND AN ASSESSMENT PROGRAM FOR SCHOOL HEALTH EDUCATION PROGRAMS; TO PROVIDE THE MINIMUM AMOUNT OF TIME ELEMENTARY SCHOOL STUDENTS MUST HAVE TO EAT LUNCH; TO PROVIDE FOR THE ESTABLISHMENT OF A DISTRICT LEVEL AND AN ELEMENTARY SCHOOL LEVEL COORDINATED SCHOOL HEALTH ADVISORY COUNCIL AND PROVIDE ITS POWERS AND DUTIES; TO PROVIDE FOR A WEEKLY NUTRITION COMPONENT FOR THE HEALTH CURRICULUM; AND TO PROVIDE THAT IMPLEMENTATION IS CONTINGENT UPON THE APPROPRIATION OF FUNDING.
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(R130, H. 3539 (Word version)) -- Reps. Wilkins, Harrison, Harrell, G.M. Smith, Young, Simrill, Cobb-Hunter, Altman, Sinclair, Talley, J.E. Smith, Coleman, Agnew, Whipper, Emory, Hagood, G.R. Smith, Hamilton, Tripp, Loftis and Vaughn: AN ACT TO AMEND SECTION 8-13-770, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON MEMBERS OF THE GENERAL ASSEMBLY SERVING ON BOARDS AND COMMISSIONS, SO AS TO ADD THE COMMISSION ON INDIGENT DEFENSE TO THE LIST OF EXCEPTIONS; TO


Printed Page 3230 . . . . . Thursday, May 26, 2005

AMEND ARTICLE 3, CHAPTER 3, TITLE 17, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION, TO REVISE THE DUTIES OF THE COMMISSION, THE OFFICE OF INDIGENT DEFENSE, AND THE EXECUTIVE DIRECTOR OF THE OFFICE OF INDIGENT DEFENSE, TO CREATE THE DIVISION OF APPELLATE DEFENSE WITHIN THE OFFICE OF INDIGENT DEFENSE, TO TRANSFER ALL DUTIES, RIGHTS, AND OBLIGATIONS OF THE FORMER COMMISSION AND OFFICE OF APPELLATE DEFENSE TO THE DIVISION OF APPELLATE DEFENSE, TO PROVIDE SPECIFICALLY FOR THE DUTIES AND OPERATION OF THE DIVISION OF APPELLATE DEFENSE, AND TO REPEAL CHAPTER 4, TITLE 17 RELATING TO THE COMMISSION AND OFFICE OF APPELLATE DEFENSE.
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(R131, H. 3694 (Word version)) -- Reps. Miller, Cotty, Anderson, Vaughn, Clark, Neilson, Altman, Battle, G. Brown, Davenport, Edge, Frye, Hagood, Hamilton, Rivers, Sinclair, D.C. Smith and Wilkins: AN ACT TO ENACT THE GAMBLING CRUISE ACT BY ADDING CHAPTER 11, TITLE 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO DELEGATE TO COUNTIES AND MUNICIPALITIES OF THIS STATE THE AUTHORITY, CONFERRED TO THIS STATE PURSUANT TO THE JOHNSON ACT, TO PROHIBIT OR REGULATE THE OPERATION OF GAMBLING VESSELS THAT DEPART THE TERRITORIAL WATERS OF THIS STATE WITHOUT AN INTERVENING STOP; TO PROVIDE DEFINITIONS APPLICABLE FOR THIS ACT, INCLUDING A DEFINITION FOR "PASSENGER CRUISE LINER", TO WHICH THE DELEGATION OTHERWISE AUTHORIZED BY THIS ACT DOES NOT APPLY; TO ALLOW A COUNTY OR MUNICIPAL PROHIBITORY OR REGULATORY ORDINANCE TO IMPOSE ONLY A CIVIL PENALTY FOR VIOLATIONS AND TO PROVIDE A MAXIMUM CIVIL PENALTY AND TO ALLOW SPECIFICALLY FOR INJUNCTIVE RELIEF AGAINST A VIOLATOR; TO PROVIDE THAT A COUNTY OR MUNICIPALITY PROHIBITORY OR REGULATORY ORDINANCE MUST NOT BE CONSTRUED TO PROHIBIT OR REGULATE GAMBLING DEVICES ON A PASSENGER CRUISE LINER IF NO GAMBLING IS ALLOWED WHILE THAT LINER IS IN THE TERRITORIAL WATERS OF THIS STATE; TO PROVIDE


Printed Page 3231 . . . . . Thursday, May 26, 2005

THAT THE PROVISIONS OF THE CHAPTER DO NOT APPLY TO GAMBLING ACTIVITIES ON UNITED STATES-FLAGGED OR FOREIGN-FLAGGED VESSELS UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT THIS ACT MUST NOT BE CONSTRUED TO REPEAL OR MODIFY VARIOUS LAWS OF THIS STATE OR THE UNITED STATES APPLICABLE WITH RESPECT TO GAMBLING, TO AUTHORIZE A COUNTY OR MUNICIPALITY WHERE GAMBLING VESSELS ARE NOT PROHIBITED OR WHERE THE PROHIBITION AUTHORIZED BY THIS ACT CANNOT BE MADE TO APPLY TO ASSESS A TICKET SURCHARGE UP TO TEN PERCENT AND A GROSS PROCEEDS SURCHARGE UP TO FIVE PERCENT OF THE GROSS PROCEEDS, TO PROHIBIT SUCH SURCHARGES IN THE CASE OF PASSENGER CRUISE LINERS, TO REQUIRE GAMBLING VESSELS TO REPORT MONTHLY TO THE SOUTH CAROLINA DEPARTMENT OF REVENUE THE AVERAGE DAILY PERCENTAGE OF WINNINGS TO LOSSES FOR EACH GAMBLING DEVICE, TO PROVIDE FOR A CIVIL PENALTY FOR VIOLATIONS, AND TO REQUIRE THE REPORTING OF THIS DATA; TO AUTHORIZE THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS, TO ALLOW FOR CONTINUED OPERATION OF GAMBLING VESSELS ALREADY IN OPERATION WHEN A PROHIBITORY ORDINANCE IS ENACTED FOR FIVE YEARS AND PROVIDE FOR THE REGULATION OF GAMBLING VESSELS DURING THIS PERIOD, TO PROVIDE THAT A COUNTY OR MUNICIPAL ORDINANCE PROHIBITING GAMBLING VESSELS ENACTED BEFORE THE EFFECTIVE DATE OF THIS ACT REMAINS IN EFFECT, AND TO PROVIDE A MODEL PROHIBITORY ORDINANCE, TO PROVIDE THAT THE PROVISIONS OF THIS ACT WITH RESPECT TO THE EXCEPTION FOR PASSENGER CRUISE LINERS AND THE REQUIREMENT OF GAMBLING VESSELS IN OPERATION BEFORE A PROHIBITORY ORDINANCE IS ENACTED MAY CONTINUE TO OPERATE FOR FIVE YEARS ARE MUTUALLY DEPENDENT AND NOT SEVERABLE; AND TO PROVIDE FOR SEVERABILITY FOR OTHER PROVISIONS OF THIS ACT.
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(R132, H. 3827 (Word version)) -- Reps. Loftis, Edge, R. Brown, Frye, Sandifer, W.D. Smith, Vick, Witherspoon, Davenport, Perry, Mahaffey, Miller


Printed Page 3232 . . . . . Thursday, May 26, 2005

and Clemmons: AN ACT TO AMEND SECTION 48-39-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PERMIT OR DENY ALTERATION OR UTILIZATION WITHIN AREAS DESIGNATED AS CRITICAL AREAS, SO AS TO PROVIDE THAT A CRITICAL AREA LINE ESTABLISHED BY THE DEPARTMENT ON A SURVEY MEETING CERTAIN REQUIREMENTS EXPIRES AFTER FIVE YEARS, RATHER THAN THREE YEARS; TO PROVIDE AN EXCEPTION TO THE FIVE-YEAR CRITICAL AREA LINE VALIDITY FOR ERODING COASTAL SALTWATER STREAM BANKS WHERE THE LINE IS EXPECTED TO MOVE DUE TO THE MEANDERING OF THE STREAM BEFORE THE FIVE YEAR EXPIRATION PERIOD; AND TO DELETE THE PROVISION THAT A CRITICAL AREA DELINEATION REFERENCED IN A PERMIT ISSUED BY THE DEPARTMENT IS VALID FOR THE TERM OF THE PERMIT.
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(R133, H. 3932 (Word version)) -- Reps. Harrell, Wilkins and Chellis: AN ACT TO AMEND AND REENACT CERTAIN PROVISIONS OF SECTION 11-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE SPECIFIC DEFINITIONS; TO AMEND SECTION 11-41-40, RELATING TO THE ISSUANCE OF THESE ECONOMIC DEVELOPMENT BONDS, SO AS TO FURTHER PROVIDE FOR THE MANNER OF SUCH ISSUANCE; TO AMEND AND REENACT SECTION 11-41-70, AS AMENDED, RELATING TO BOND NOTIFICATION AND OTHER REQUIREMENTS FOR THE ISSUANCE OF THESE BONDS, SO AS TO MAKE CONFORMING CHANGES TO THE DEFINITION REVISIONS CONTAINED ABOVE AND TO FURTHER PROVIDE THE TERMS AND CONDITIONS FOR THE ISSUANCE OF THESE BONDS; AND TO PROVIDE FINDINGS OF THE GENERAL ASSEMBLY THAT THE FUNDING OF THESE PROJECTS WITH THESE BONDS SERVES A VALID PUBLIC PURPOSE AND BENEFITS THIS STATE WITH SUBSEQUENT ECONOMIC AND EMPLOYMENT BENEFITS.
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Printed Page 3233 . . . . . Thursday, May 26, 2005

(R134, H. 4077 (Word version)) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR A SIX AND ONE-QUARTER MILL INCREASE IN THE LEVY OF TAXES FOR THE FISCAL YEAR BEGINNING JULY 1, 2005, AND ENDING JUNE 30, 2006, AND TO ALLOCATE THE INCREASED REVENUES FOR SCHOOL PURPOSES IN DILLON COUNTY.
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(R135, H. 3543 (Word version)) -- Reps. G.M. Smith and Weeks: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING "MARY LYNN'S LAW"; BY ADDING SECTION 16-1-130 SO AS TO PROVIDE THAT A PERSON MAY NOT BE CONSIDERED FOR A DIVERSION PROGRAM IF HE IS CURRENTLY CHARGED WITH CERTAIN OFFENSES, IS SUBJECT TO A RESTRAINING ORDER OR A VALID ORDER OF PROTECTION, IS CURRENTLY ON PAROLE OR PROBATION, OR THE CONSENT OF THE VICTIM HAS NOT BEEN OBTAINED; TO AMEND SECTIONS 16-3-1525 AND 16-3-1530, RELATING TO VICTIM NOTIFICATION, SO AS TO PROVIDE THAT VICTIM NOTIFICATION MAY NOT BE ONLY BY ELECTRONIC OR OTHER AUTOMATED COMMUNICATION OR RECORDING AND TO PROVIDE A PROCEDURE FOR NOTIFICATION; TO AMEND SECTION 16-3-1535, RELATING TO THE SUMMARY COURT'S DUTY TO NOTIFY A VICTIM OF THE VICTIM'S RIGHTS AND THE VICTIM IMPACT STATEMENT, SO AS TO REQUIRE THE SUMMARY COURT JUDGE TO FORWARD A COPY OF EACH VICTIM'S IMPACT STATEMENT TO THE APPROPRIATE CORRECTIONS AGENCIES; TO AMEND ARTICLE 17, CHAPTER 3, TITLE 16, RELATING TO STALKING AND HARASSMENT, SO AS TO REDEFINE STALKING AND HARASSMENT; TO REVISE THE PENALTIES FOR STALKING AND HARASSMENT; TO ALLOW LAW ENFORCEMENT OR ANOTHER PERSON TO SIGN A WARRANT FOR A PERSON ENGAGED IN HARASSMENT OR STALKING IN PLACE OF THE VICTIM; TO PROVIDE PROCEDURES WHEN THE COURT ORDERS A MENTAL HEALTH EVALUATION, TO PROVIDE FOR VICTIM NOTIFICATION IF THE MENTAL HEALTH EVALUATION RESULTS IN THE UNSUPERVISED RELEASE OF THE PERSON CHARGED WITH STALKING OR HARASSMENT, TO PROVIDE THAT A RESTRAINING ORDER AGAINST A PERSON


Printed Page 3234 . . . . . Thursday, May 26, 2005

ENGAGED IN HARASSMENT REMAINS IN EFFECT FOR A PERIOD OF ONE YEAR AS DETERMINED BY THE COURT, AND TO PROVIDE IF THE PERSON NEEDS A MENTAL HEALTH EVALUATION TO DETERMINE IF HE NEEDS TREATMENT OR COUNSELING AS A CONDITION OF BOND, THE EVALUATION MUST BE SCHEDULED WITHIN TEN DAYS OF THE ORDER; TO AMEND SECTION 17-15-30, RELATING TO CONDITIONS OF RELEASE, SO AS TO REQUIRE THE COURT TO CONSIDER THE ACCUSED'S CRIMINAL RECORD AND ALL INCIDENT REPORTS RELATED TO THE CHARGED OFFENSE; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO PRISONERS WHO ARE ELIGIBLE TO PARTICIPATE IN WORK RELEASE, SO AS TO PROHIBIT THOSE OFFENDERS CONVICTED OF A VIOLENT OFFENSE, A HARASSMENT OR STALKING OFFENSE, OR A BURGLARY OFFENSE FROM BEING ELIGIBLE FOR WORK RELEASE; BY ADDING SECTION 16-3-1555 SO AS TO REQUIRE THE PROSECUTING AGENCY TO FORWARD VICTIM IMPACT STATEMENTS WITHIN FIFTEEN DAYS TO THE APPROPRIATE CORRECTIONS AGENCY IN CASES WHEN THE SENTENCE IS MORE THAN NINETY DAYS AND TO PROHIBIT THE RELEASE OF THE VICTIM IMPACT STATEMENTS TO THE DEFENDANT UNTIL HE HAS BEEN FOUND GUILTY; AND TO CREATE A TASK FORCE TO EXAMINE AND DESIGN STATEWIDE STANDARDS FOR MENTAL HEALTH COURTS.
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(R136, H. 3578 (Word version)) -- Reps. Witherspoon, Frye, Hiott, Ott and Vick: AN ACT TO AMEND SECTION 46-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO FERTILIZER REGULATIONS, SO AS TO REVISE THE DEFINITION OF "SOIL AMENDMENT"; TO AMEND SECTION 46-25-30, AS AMENDED, RELATING TO ANALYSIS OF PLANT NUTRIENTS, SO AS TO PERMIT THE STATE CROP PEST COMMISSION TO REQUIRE PROOF OF CLAIMS MADE FOR FERTILIZER; AND TO AMEND SECTION 46-25-810, AS AMENDED, RELATING TO AN INSPECTION TAX AND TONNAGE REPORTS IN REGARD TO COMMERCIAL FERTILIZER, SO AS TO INCREASE THE INSPECTION TAX AND FURTHER PROVIDE FOR THE TONNAGE REPORT ON FERTILIZER SOLD, AND FOR CERTAIN ACTIONS WHICH


Printed Page 3235 . . . . . Thursday, May 26, 2005

WILL BE TAKEN IF THE REQUIRED TAXES AND REPORTS ARE NOT MADE.
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Message from the House

Columbia, S.C., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 80 to 33:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 37     Part IA, Section 26, page 150; Department of Parks,

Recreation and Tourism, Administration, Executive

Offices, Other Personal Services; $105,700.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 37     Part IA, Section 26, page 150; Department of Parks,

Recreation and Tourism, Administration, Executive

Offices, Other Personal Services; $105,700.

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

Senator LEATHERMAN 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:


Printed Page 3236 . . . . . Thursday, May 26, 2005

Ayes 42; Nays 4

AYES

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

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 84 to 28:


Printed Page 3237 . . . . . Thursday, May 26, 2005

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 38     Part IA, Section 26, page 151; Department of Parks,

Recreation and Tourism, Community and Economic

Development, Other Operating Expenses; $285,341.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT
Veto 38     Part IA, Section 26, page 151; Department of Parks,

Recreation and Tourism, Community and Economic

Development, Other Operating Expenses; $285,341.

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

Senator LEATHERMAN 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 4

AYES

Alexander                 Anderson                  Cleary
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Gregory                   Grooms                    Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill *
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Reese                     Richardson
Ritchie                   Scott                     Setzler

Printed Page 3238 . . . . . Thursday, May 26, 2005

Sheheen                   Short                     Smith, J. Verne
Thomas                    Verdin                    Williams

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 113 to 0:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 39     Part IA; Section 61; page 257; Adjutant General's

Office; Administration; Funeral Caisson; $98,260.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 39     Part IA; Section 61; page 257; Adjutant General's

Office; Administration; Funeral Caisson; $98,260.

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


Printed Page 3239 . . . . . Thursday, May 26, 2005

Senator LEATHERMAN 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 39; Nays 3

AYES

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

Total--39

NAYS

Campsen                   Ritchie                   Sheheen

Total--3

*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.


Printed Page 3240 . . . . . Thursday, May 26, 2005

Message from the House

Columbia, S.C., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 78 to 33:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 40     Part IA; Section 63; page 264; Budget and Control

Board; Operations and Executive Training; Internal

Operations; Other Operating Expenses; $1,266,255.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 40     Part IA; Section 63; page 264; Budget and Control

Board; Operations and Executive Training; Internal

Operations; Other Operating Expenses; $1,266,255.

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

Senator LEATHERMAN 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 32; Nays 10

AYES

Alexander                 Anderson                  Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Hayes
Hutto                     Jackson                   Land
Leatherman                Lourie                    Malloy

Printed Page 3241 . . . . . Thursday, May 26, 2005

Martin                    McConnell                 McGill *
Mescher                   Moore                     Patterson
Peeler                    Pinckney                  Rankin
Reese                     Richardson                Scott
Setzler                   Sheheen                   Smith, J. Verne
Thomas                    Williams

Total--32

NAYS

Bryant                    Campsen                   Cleary
Gregory                   Grooms                    Hawkins
Knotts                    Ritchie                   Ryberg
Verdin

Total--10

*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., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 79 to 35:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 41     Part IA; Section 63; page 264; Budget & Control Board;

Operations and Executive Training; Executive Institute;

Other Operating Expenses; $109,833.
Very respectfully,
Speaker of the House

Received as information.


Printed Page 3242 . . . . . Thursday, May 26, 2005

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT
Veto 41     Part IA; Section 63; page 264; Budget & Control Board;

Operations and Executive Training; Executive Institute;

Other Operating Expenses; $109,833.

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

Senator LEATHERMAN 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 31; Nays 12

AYES

Alexander                 Anderson                  Cromer
Drummond                  Elliott                   Fair
Ford                      Hayes                     Hutto
Jackson                   Land                      Leatherman
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill *
Mescher                   Moore                     Patterson
Peeler                    Pinckney                  Rankin
Reese                     Richardson                Setzler
Sheheen                   Smith, J. Verne           Thomas
Williams

Total--31

NAYS

Bryant                    Campsen                   Cleary
Courson                   Gregory                   Grooms

Printed Page 3243 . . . . . Thursday, May 26, 2005

Hawkins                   Knotts                    Ritchie
Ryberg                    Scott                     Verdin

Total--12

*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., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 83 to 23:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 42     Part IA; Section 63; page 266; Budget & Control Board;

Budget and Analyses Division; Office of Research and

Statistics; Geodetic and Mapping Survey; Other

Operating Expenses; $81,467.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 42     Part IA; Section 63; page 266; Budget & Control Board;

Budget and Analyses Division; Office of Research and

Statistics; Geodetic and Mapping Survey; Other

Operating Expenses; $81,467.

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


Printed Page 3244 . . . . . Thursday, May 26, 2005

Senator LEATHERMAN 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 35; Nays 8

AYES

Alexander                 Anderson                  Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Grooms
Hayes                     Hutto                     Jackson
Land                      Leatherman                Lourie
Malloy                    Martin                    Matthews
McConnell                 McGill *                  Mescher
Moore                     Patterson                 Peeler
Pinckney                  Rankin                    Reese
Richardson                Scott                     Setzler
Sheheen                   Smith, J. Verne           Thomas
Verdin                    Williams

Total--35

NAYS

Bryant                    Campsen                   Cleary
Gregory                   Hawkins                   Knotts
Ritchie                   Ryberg

Total--8

*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.


Printed Page 3245 . . . . . Thursday, May 26, 2005

Message from the House

Columbia, S.C., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 75 to 34:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 43     Part IA; Section 63; page 267; Budget & Control Board;

Budget and Analyses Division; Office of Human

Resources; Administration; Other Operating Expenses;

$139,289.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 43     Part IA; Section 63; page 267; Budget & Control Board;

Budget and Analyses Division; Office of Human

Resources; Administration; Other Operating Expenses;

$139,289.

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

Senator LEATHERMAN 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 4

AYES

Alexander                 Anderson                  Cleary
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford

Printed Page 3246 . . . . . Thursday, May 26, 2005

Gregory                   Grooms                    Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill *
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Reese                     Richardson
Ritchie                   Scott                     Setzler
Sheheen                   Short                     Smith, J. Verne
Thomas                    Verdin                    Williams

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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.

PRESIDENT PRESIDES

At 3:03 P.M., the PRESIDENT assumed the Chair.

Message from the House

Columbia, S.C., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.73, H. 3716 by a vote of 71 to 37:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT


Printed Page 3247 . . . . . Thursday, May 26, 2005

Veto 44     Part IA; Section 63; page 267; Budget & Control Board;

Budget and Analyses Division; Office of Human

Resources; Administration; SC Leadership; $53,833.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 75 to 36:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 45     Part IA; Section 63; page 268; Budget & Control Board;

Budget and Analyses Division; Office of Human

Resources; Human Resource Consulting; Other

Operating Expenses: $683,803.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 45     Part IA; Section 63; page 268; Budget & Control Board;

Budget and Analyses Division; Office of Human

Resources; Human Resource Consulting; Other

Operating Expenses: $683,803.

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

Senator LEATHERMAN 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?"


Printed Page 3248 . . . . . Thursday, May 26, 2005

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

Ayes 42; Nays 4

AYES

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

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 25, 2005

Mr. President and Senators:


Printed Page 3249 . . . . . Thursday, May 26, 2005

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.73, H. 3716 by a vote of 73 to 38:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 46     Part IA; Section 63; page 268; Budget and Control

Board; Budget and Analyses Division; Office of Human

Resources; Human Resource Development; Other

Operating Expenses; $152,769.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 76 to 36:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 47     Part IA; Section 63; page 276; Budget & Control Board;

State CIO Division; IT Planning & Management; Other

Operating Expenses; $1,872,500
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 47     Part IA; Section 63; page 276; Budget & Control Board;

State CIO Division; IT Planning & Management; Other

Operating Expenses; $1,872,500

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

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


Printed Page 3250 . . . . . Thursday, May 26, 2005

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 4

AYES

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

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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.


Printed Page 3251 . . . . . Thursday, May 26, 2005

Message from the House

Columbia, S.C., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 92 to 20:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 48     Part IA; Section 64; page 281; Department of Revenue;

Programs and Services; Other Operating Expenses;

$2,696,538.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 48     Part IA; Section 64; page 281; Department of Revenue;

Programs and Services; Other Operating Expenses;

$2,696,538.

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

Senator RYBERG spoke on the veto.

Senator FAIR spoke on the veto.

Senator LEATHERMAN spoke on the veto.

Senator FAIR 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 39; Nays 3

AYES

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson

Printed Page 3252 . . . . . Thursday, May 26, 2005

Cromer                    Drummond                  Elliott
Fair                      Ford                      Grooms
Hayes                     Hutto                     Jackson
Knotts                    Land                      Leatherman
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill *
Mescher                   Moore                     Patterson
Peeler                    Pinckney                  Reese
Richardson                Ritchie                   Scott
Setzler                   Sheheen                   Smith, J. Verne
Thomas                    Verdin                    Williams

Total--39

NAYS

Gregory                   Hawkins                   Ryberg

Total--3

*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.

Senator LEATHERMAN spoke on the vetoes.

Message from the House

Columbia, S.C., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 78 to 32:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 49     Part 1B, Section 1.21, Department of Education, page

298; SDE: Mathematics and Science Unit of the Office

of Curriculum and Standards.


Printed Page 3253 . . . . . Thursday, May 26, 2005

Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 49     Part 1B, Section 1.21, Department of Education, page

298; SDE: Mathematics and Science Unit of the Office

of Curriculum and Standards.

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

Senator LEATHERMAN 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 4

AYES

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

Total--42


Printed Page 3254 . . . . . Thursday, May 26, 2005

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 102 to 1:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 50     Part 1B, Section 5M.3, Medical University of South

Carolina, page 328; MUSC: Rural Dentist Program.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 50     Part 1B, Section 5M.3, Medical University of South

Carolina, page 328; MUSC: Rural Dentist Program.

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

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


Printed Page 3255 . . . . . Thursday, May 26, 2005

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 2

AYES

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

Total--40

NAYS

Gregory                   Hawkins

Total--2

*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.

ACTING PRESIDENT PRESIDES

At 3:25 P.M., Senator McCONNELL assumed the Chair.


Printed Page 3256 . . . . . Thursday, May 26, 2005

Message from the House

Columbia, S.C., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 78 to 27:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 51     Part 1B, Section 5N.5, State Board for Technical &

Comprehensive Education, page 329; TEC:

Professionally Licensed Training.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 26, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has reconsidered the vote whereby Veto 51 was overridden and the veto was sustained by the following vote: Yeas 7; Nays 93.

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 51     Part 1B, Section 5N.5, State Board for Technical &

Comprehensive Education, page 329; TEC:

Professionally Licensed Training.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 98 to 6:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT


Printed Page 3257 . . . . . Thursday, May 26, 2005

Veto 52     Part 1B, Section 8.16, Department of Health and Human

Services, page 333; DHHS: Chiropractic Services
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 52     Part 1B, Section 8.16, Department of Health and Human

Services, page 333; DHHS: Chiropractic Services

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

Senator LEATHERMAN 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 39;Nays 1

AYES

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

Total--39


Printed Page 3258 . . . . . Thursday, May 26, 2005

NAYS

Hawkins

Total--1

*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.

PRESIDENT PRESIDES

At 3:29 P.M., the PRESIDENT assumed the Chair.

Message from the House

Columbia, S.C., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 104 to 6:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 53     Part 1B, Section 8.26, Department of Health and Human

Services, page 334; DHHS: Prescription Reimbursement

Payment Methodology
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 53     Part 1B, Section 8.26, Department of Health and Human

Services, page 334; DHHS: Prescription Reimbursement

Payment Methodology

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


Printed Page 3259 . . . . . Thursday, May 26, 2005

Senator LEATHERMAN 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 40; Nays 2

AYES

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

Total--40

NAYS

Campsen                   Courson

Total--2

*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.


Printed Page 3260 . . . . . Thursday, May 26, 2005

Message from the House

Columbia, S.C., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 85 to 23:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 54     Part 1B, Section 8.32, Department of Health and Human

Services, page 335; DHHS: Medicaid Quarterly Fiscal

Impact Statements
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 54     Part 1B, Section 8.32, Department of Health and Human

Services, page 335; DHHS: Medicaid Quarterly Fiscal

Impact Statements

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

Senator LEATHERMAN spoke on the veto.

Senator LEATHERMAN 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 4

AYES

Alexander                 Anderson                  Cleary
Courson                   Cromer                    Drummond 

Printed Page 3261 . . . . . Thursday, May 26, 2005

Elliott                   Fair                      Ford
Gregory                   Grooms                    Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill *
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Reese                     Richardson
Ritchie                   Scott                     Setzler
Sheheen                   Short                     Smith, J. Verne
Thomas                    Verdin                    Williams

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 76 to 33:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 55     Part 1B, Section 8.41, Department of Health and Human

Services, page 336; DHHS: Commission on Healthcare

Access Recommendations


Printed Page 3262 . . . . . Thursday, May 26, 2005

Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 55     Part 1B, Section 8.41, Department of Health and Human

Services, page 336; DHHS: Commission on Healthcare

Access Recommendations

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

Senator LEATHERMAN 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 4

AYES

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

Total--42


Printed Page 3263 . . . . . Thursday, May 26, 2005

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 85 to 22:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 56     Part 1B, Section 9.28, Department of Health and

Environmental Control, page 341; DHEC: Beach

Restoration Projects
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 56     Part 1B, Section 9.28, Department of Health and

Environmental Control, page 341; DHEC: Beach

Restoration Projects

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

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


Printed Page 3264 . . . . . Thursday, May 26, 2005

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 6

AYES

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Cromer
Drummond                  Elliott                   Fair
Ford                      Gregory                   Grooms
Hayes                     Hutto                     Jackson
Knotts                    Land                      Leatherman
Lourie                    Malloy                    Matthews
McGill *                  Mescher                   Moore
Patterson                 Peeler                    Pinckney
Reese                     Richardson                Ritchie
Ryberg                    Scott                     Setzler
Thomas                    Verdin                    Williams

Total--36

NAYS

Courson                   Hawkins                   Martin
McConnell                 Sheheen                   Smith, J. Verne

Total--6

*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.


Printed Page 3265 . . . . . Thursday, May 26, 2005

Message from the House

Columbia, S.C., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 82 to 24:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 57     Part 1B, Section 13.20, Department of Social Services,

page 351; DSS: C.R. Neal Learning Center
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 57     Part 1B, Section 13.20, Department of Social Services,

page 351; DSS: C.R. Neal Learning Center

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

Senator LEATHERMAN 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 4

AYES

Alexander                 Anderson                  Cleary
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Gregory                   Grooms                    Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin

Printed Page 3266 . . . . . Thursday, May 26, 2005

Matthews                  McConnell                 McGill *
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Reese                     Richardson
Ritchie                   Scott                     Setzler
Sheheen                   Short                     Smith, J. Verne
Thomas                    Verdin                    Williams

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 104 to 2:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 58     Part 1B, Section 24.1, Department of Natural Resources,

page 357; DNR: County Funds
Very respectfully,
Speaker of the House

Received as information.


Printed Page 3267 . . . . . Thursday, May 26, 2005

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT
Veto 58     Part 1B, Section 24.1, Department of Natural Resources,

page 357; DNR: County Funds

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

Senator LEATHERMAN 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 39; Nays 3

AYES

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

Total--39

NAYS

Bryant                    Campsen                   Ritchie

Total--3


Printed Page 3268 . . . . . Thursday, May 26, 2005

*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., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 106 to 2:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 59     Part 1B, Section 24.2, Department of Natural Resources,

page 358; DNR: County Game Funds/Equipment

Purchase
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 59     Part 1B, Section 24.2, Department of Natural Resources,

page 358; DNR: County Game Funds/Equipment

Purchase

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

Senator LEATHERMAN 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?"


Printed Page 3269 . . . . . Thursday, May 26, 2005

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

Ayes 37; Nays 5

AYES

Alexander                 Anderson                  Cleary
Cromer                    Drummond                  Elliott
Ford                      Gregory                   Grooms
Hayes                     Hutto                     Jackson
Knotts                    Land                      Leatherman
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill *
Mescher                   Moore                     Patterson
Peeler                    Pinckney                  Reese
Richardson                Ritchie                   Ryberg
Scott                     Setzler                   Sheheen
Smith, J. Verne           Thomas                    Verdin
Williams

Total--37

NAYS

Bryant                    Campsen                   Courson
Fair                      Hawkins

Total--5

*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., May 24, 2005

Mr. President and Senators:


Printed Page 3270 . . . . . Thursday, May 26, 2005

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 84 to 23:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 60     Part 1B, Section 24.23, Department of Natural

Resources, page 360; DNR: County Offices
Very respectfully,
Speaker of the House

Received as information.

VETO SUSTAINED

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 60     Part 1B, Section 24.23, Department of Natural

Resources, page 360; DNR: County Offices

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

Senator GREGORY argued in favor of sustaining the veto.

Senator CLEARY argued in favor of overriding the veto.

Senator HUTTO argued in favor of sustaining the veto.

Senator ELLIOTT spoke on the veto.

Senator LEATHERMAN 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 16; Nays 24

AYES

Anderson                  Cleary                    Elliott
Ford                      Hayes                     Land
Leatherman                Matthews                  McGill *
Moore                     Patterson                 Peeler

Printed Page 3271 . . . . . Thursday, May 26, 2005

Pinckney                  Reese                     Scott
Williams

Total--16

NAYS

Alexander                 Bryant                    Campsen
Courson                   Cromer                    Drummond
Fair                      Gregory                   Grooms
Hawkins                   Hutto                     Jackson
Knotts                    Lourie                    Malloy
Martin                    McConnell                 Richardson
Ritchie                   Ryberg                    Setzler
Sheheen                   Thomas                    Verdin

Total--24

*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 not having been received, the veto of the Governor was sustained, and a message was sent to the House accordingly.

Statement by Senator RICHARDSON

This proviso would take wildlife officers and put them in an office two days per week. I believe these officers are more important in the field than in an office. In addition this sets a bad precedent of the Legislature micromanaging cabinet level agencies when they should be able to decide the best use of their funds for themselves. We have cut the Department of Natural Resources' budget forty percent and their resources are stretched too far already. DNR officers are readily available and responsive to Beaufort residents without the addition of another office location.

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:


Printed Page 3272 . . . . . Thursday, May 26, 2005

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 79 to 20:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 61     Part 1B, Section 26.1, Department of Parks, Recreation

and Tourism, page 361; PRT: Canadian Day
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 61     Part 1B, Section 26.1, Department of Parks, Recreation

and Tourism, page 361; PRT: Canadian Day

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

Senator LEATHERMAN 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 4

AYES

Alexander                 Anderson                  Cleary
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Gregory                   Grooms                    Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill *
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Reese                     Richardson

Printed Page 3273 . . . . . Thursday, May 26, 2005

Ritchie                   Scott                     Setzler
Sheheen                   Short                     Smith, J. Verne
Thomas                    Verdin                    Williams

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 76 to 29:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 62     Part IB, Section 26.7, Department of Parks, Recreation

and Tourism, page 361; PRT: Litter Control
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 62     Part IB, Section 26.7, Department of Parks, Recreation

and Tourism, page 361; PRT: Litter Control


Printed Page 3274 . . . . . Thursday, May 26, 2005

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

Senator LEATHERMAN 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 4

AYES

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

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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.


Printed Page 3275 . . . . . Thursday, May 26, 2005

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., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 75 to 32:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 63     Part 1B, Section 9.55, Department of Health and

Environmental Control, page 344; DHEC: Competitive

Grants
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 63     Part 1B, Section 9.55, Department of Health and

Environmental Control, page 344; DHEC: Competitive

Grants

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

Senator RICHARDSON spoke on the veto.

Senator CAMPSON argued in favor of sustaining the veto.

Senator LEATHERMAN spoke on the veto.

Senator LEATHERMAN 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?"


Printed Page 3276 . . . . . Thursday, May 26, 2005

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

Ayes 42; Nays 4

AYES

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

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 25, 2005

Mr. President and Senators:


Printed Page 3277 . . . . . Thursday, May 26, 2005

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 76 to 16:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 64     Part 1B, Section 26.8, Department of Parks, Recreation

and Tourism, page 362; PRT: Competitive Grants
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 64     Part 1B, Section 26.8, Department of Parks, Recreation

and Tourism, page 362; PRT: Competitive Grants

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

Senator LEATHERMAN 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 27; Nays 9

AYES

Alexander                 Anderson                  Cromer
Elliott                   Fair                      Ford
Grooms                    Land                      Leatherman
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill *
Moore                     Patterson                 Peeler
Pinckney                  Reese                     Richardson
Scott                     Setzler                   Sheheen
Smith, J. Verne           Thomas                    Williams

Total--27


Printed Page 3278 . . . . . Thursday, May 26, 2005

NAYS

Bryant                    Campsen                   Cleary
Courson                   Gregory                   Hawkins
Hayes                     Ryberg                    Verdin

Total--9

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 71 to 28:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 65     Part 1B, Section 27.26, Department of Commerce, page

365; CMRC: Competitive Grants
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 65     Part 1B, Section 27.26, Department of Commerce, page

365; CMRC: Competitive Grants

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

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


Printed Page 3279 . . . . . Thursday, May 26, 2005

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 27; Nays 10

AYES

Alexander                 Anderson                  Elliott
Fair                      Ford                      Grooms
Knotts                    Land                      Leatherman
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill *
Moore                     Patterson                 Peeler
Pinckney                  Reese                     Richardson
Scott                     Setzler                   Sheheen
Smith, J. Verne           Thomas                    Williams

Total--27

NAYS

Bryant                    Campsen                   Cleary
Courson                   Cromer                    Gregory
Hawkins                   Hayes                     Ryberg
Verdin

Total--10

*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., May 25, 2005

Mr. President and Senators:


Printed Page 3280 . . . . . Thursday, May 26, 2005

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 72 to 32:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 66     Part 1B, Section 63.42, Budget and Control Board; page

416; BCB: Competitive Grants
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 66     Part 1B, Section 63.42, Budget and Control Board; page

416; BCB: Competitive Grants

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

Senator LEATHERMAN 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 29; Nays 9

AYES

Alexander                 Anderson                  Cleary
Elliott                   Fair                      Ford
Grooms                    Knotts                    Land
Leatherman                Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill *                  Moore                     Patterson
Peeler                    Pinckney                  Reese
Richardson                Ritchie                   Scott

Printed Page 3281 . . . . . Thursday, May 26, 2005

Setzler                   Sheheen                   Smith, J. Verne
Thomas                    Williams

Total--29

NAYS

Bryant                    Campsen                   Courson
Cromer                    Gregory                   Hawkins
Hayes                     Ryberg                    Verdin

Total--9

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 70 to 34:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 67     Part 1B, Section 63.49, Budget and Control Board; page

417; BCB: Grants Review Committee
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 67     Part 1B, Section 63.49, Budget and Control Board; page

417; BCB: Grants Review Committee


Printed Page 3282 . . . . . Thursday, May 26, 2005

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

Senator LEATHERMAN 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 27; Nays 9

AYES

Alexander                 Anderson                  Cleary
Drummond                  Elliott                   Fair
Ford                      Grooms                    Knotts
Land                      Leatherman                Lourie
Malloy                    Martin                    Matthews
McConnell                 McGill *                  Patterson
Peeler                    Pinckney                  Reese
Richardson                Scott                     Setzler
Sheheen                   Thomas                    Williams

Total--27

NAYS

Bryant                    Campsen                   Courson
Cromer                    Gregory                   Hawkins
Hayes                     Ryberg                    Verdin

Total--9

*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.


Printed Page 3283 . . . . . Thursday, May 26, 2005

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.73, H. 3716 by a vote of 26 to 80:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 68     Part 1B, Section 26.9, Department of Parks, Recreation

and Tourism, page 362; PRT: SC Wildlife Exposition
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 79 to 25:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 69     Part 1B, Section 26.10, Department of Parks, Recreation

and Tourism, page 362; PRT: State Park Privatization

Approval
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 69     Part 1B, Section 26.10, Department of Parks, Recreation

and Tourism, page 362; PRT: State Park Privatization

Approval

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


Printed Page 3284 . . . . . Thursday, May 26, 2005

Senator LEATHERMAN 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 4

AYES

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

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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.


Printed Page 3285 . . . . . Thursday, May 26, 2005

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 76 to 25:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 70     Part 1B, Section 27.18, Department of Commerce, page

364; CMRC: SC World Trade Center
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 70     Part 1B, Section 27.18, Department of Commerce, page

364; CMRC: SC World Trade Center

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

Senator LEATHERMAN 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 32; Nays 6

AYES

Alexander                 Anderson                  Campsen
Cleary                    Cromer                    Drummond
Elliott                   Ford                      Grooms
Hayes                     Jackson                   Knotts
Leatherman                Lourie                    Malloy
Martin                    Matthews                  McConnell

Printed Page 3286 . . . . . Thursday, May 26, 2005

McGill *                  Moore                     Patterson
Peeler                    Pinckney                  Reese
Richardson                Scott                     Setzler
Sheheen                   Smith, J. Verne           Thomas
Verdin                    Williams

Total--32

NAYS

Bryant                    Courson                   Fair
Gregory                   Hawkins                   Ryberg

Total--6

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.73, H. 3716 by a vote of 51 to 56:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 71     Part 1B, Section 27.30, Department of Commerce, page

365; CMRC: Business Development Marketing
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:


Printed Page 3287 . . . . . Thursday, May 26, 2005

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 80 to 25:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 72     Part 1B, Section 27.31, Department of Commerce, page

365; CMRC: World Trade Center
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 72     Part 1B, Section 27.31, Department of Commerce, page

365; CMRC: World Trade Center

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

Senator LEATHERMAN 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 32; Nays 6

AYES

Alexander                 Anderson                  Campsen
Cleary                    Cromer                    Drummond
Elliott                   Ford                      Grooms
Hayes                     Jackson                   Knotts
Leatherman                Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill *                  Moore                     Patterson
Peeler                    Pinckney                  Reese
Richardson                Scott                     Setzler

Printed Page 3288 . . . . . Thursday, May 26, 2005

Sheheen                   Smith, J. Verne           Thomas
Verdin                    Williams

Total--32

NAYS

Bryant                    Courson                   Fair
Gregory                   Hawkins                   Ryberg

Total--6

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 89 to 18:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 73     Part 1B, Section 63.4, Budget and Control Board, page

409; BCB: Southern Maritime Collection
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 73     Part 1B, Section 63.4, Budget and Control Board, page

409; BCB: Southern Maritime Collection

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


Printed Page 3289 . . . . . Thursday, May 26, 2005

Senator LEATHERMAN 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 44; Nays 2

AYES

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

Total--44

NAYS

Hawkins                   Ryberg

Total--2

*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.


Printed Page 3290 . . . . . Thursday, May 26, 2005

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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 77 to 25:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 74     Part 1B, Section 63.40, Budget and Control Board; page

416; BCB: Sale of Surplus Property
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 74     Part 1B, Section 63.40, Budget and Control Board; page

416; BCB: Sale of Surplus Property

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

Senator LEATHERMAN 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 4

AYES

Alexander                 Anderson                  Cleary
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford

Printed Page 3291 . . . . . Thursday, May 26, 2005

Gregory                   Grooms                    Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill *
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Reese                     Richardson
Ritchie                   Scott                     Setzler
Sheheen                   Short                     Smith, J. Verne
Thomas                    Verdin                    Williams

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.73, H. 3716 by a vote of 19 to 86:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 75     Part 1B, Section 72.83, Budget and Control Board; page

443; GP: SC Enterprise Information System


Printed Page 3292 . . . . . Thursday, May 26, 2005

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.73, H. 3716 by a vote of 11 to 88:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 76     Part 1B, Section 72.103, Budget and Control Board;

page 447; GP: SCEIS
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 82 to 20:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 77     Part 1B, Section 72.107, Budget and Control Board;

page 447; GP: S.C. Research Center Innovation Centers
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 77     Part 1B, Section 72.107, Budget and Control Board;

page 447; GP: S.C. Research Center Innovation Centers

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


Printed Page 3293 . . . . . Thursday, May 26, 2005

Senator LEATHERMAN 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 34; Nays 4

AYES

Alexander                 Anderson                  Cleary
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Grooms                    Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Lourie                    Malloy
Martin                    McConnell                 McGill *
Moore                     Patterson                 Peeler
Pinckney                  Reese                     Richardson
Ryberg                    Scott                     Setzler
Sheheen                   Thomas                    Verdin
Williams

Total--34

NAYS

Bryant                    Campsen                   Hawkins
Ritchie

Total--4

*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.


Printed Page 3294 . . . . . Thursday, May 26, 2005

Senator LEATHERMAN spoke on the veto.

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 86 to 15:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT
Veto 78     Part 1B, Section 73.17, Statewide Revenue, page 453,

SR: Increased Enforcement Collections, J02 Department

of Health and Human Services, Health Care Information

and Referral Network, $104,142
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT
Veto 78     Part 1B, Section 73.17, Statewide Revenue, page 453,

SR: Increased Enforcement Collections, J02 Department

of Health and Human Services, Health Care Information

and Referral Network, $104,142

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

Senator LEATHERMAN 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 4

AYES

Alexander                 Anderson                  Cleary

Printed Page 3295 . . . . . Thursday, May 26, 2005

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

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 89 to 17:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 79     Part 1B, Section 73.17, Statewide Revenue, page 453,

SR: Increased Enforcement Collections, H15 University


Printed Page 3296 . . . . . Thursday, May 26, 2005

of Charleston, School of Business: Office of Tourism

Analysis, $129,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 79     Part 1B, Section 73.17, Statewide Revenue, page 453,

SR: Increased Enforcement Collections, H15 University

of Charleston, School of Business: Office of Tourism

Analysis, $129,000

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

Senator LEATHERMAN 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 33; Nays 5

AYES

Alexander                 Anderson                  Campsen
Cleary                    Cromer                    Drummond
Elliott                   Fair                      Ford
Grooms                    Hayes                     Hutto
Jackson                   Knotts                    Leatherman
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill *
Moore                     Patterson                 Peeler
Pinckney                  Reese                     Richardson
Scott                     Setzler                   Sheheen
Thomas                    Verdin                    Williams

Total--33


Printed Page 3297 . . . . . Thursday, May 26, 2005

NAYS

Bryant                    Courson                   Gregory
Hawkins                   Ryberg

Total--5

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 76 to 22:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 80     Part 1B, Section 73.17, Statewide Revenue, page 453,

SR: Increased Enforcement Collections, H15 University

of Charleston, Avery Research Center, $100,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 80     Part 1B, Section 73.17, Statewide Revenue, page 453,

SR: Increased Enforcement Collections, H15 University

of Charleston, Avery Research Center, $100,000

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


Printed Page 3298 . . . . . Thursday, May 26, 2005

Senator LEATHERMAN 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 33; Nays 5

AYES

Alexander                 Anderson                  Campsen
Cleary                    Cromer                    Drummond
Elliott                   Fair                      Ford
Grooms                    Hayes                     Hutto
Jackson                   Knotts                    Leatherman
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill *
Moore                     Patterson                 Peeler
Pinckney                  Reese                     Richardson
Scott                     Setzler                   Sheheen
Thomas                    Verdin                    Williams

Total--33

NAYS

Bryant                    Courson                   Gregory
Hawkins                   Ryberg

Total--5

*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.


Printed Page 3299 . . . . . Thursday, May 26, 2005

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.73, H. 3716 by a vote of 56 to 31:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 81     Part 1B, Section 73.17, Statewide Revenue, page 453,

SR: Increased Enforcement Collections, H18 Francis

Marion University, Omega Project, $18,853
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 26, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has reconsidered the vote whereby Veto 81 was sustained and the veto was overridden by the following vote: Yeas 72; Nays 34.

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 81     Part 1B, Section 73.17, Statewide Revenue, page 453,

SR: Increased Enforcement Collections, H18 Francis

Marion University, Omega Project, $18,853
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 81     Part 1B, Section 73.17, Statewide Revenue, page 453,

SR: Increased Enforcement Collections, H18 Francis

Marion University, Omega Project, $18,853

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


Printed Page 3300 . . . . . Thursday, May 26, 2005

Senator LEATHERMAN explained the veto.

Senator LEATHERMAN 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 39; Nays 2

AYES

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

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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.


Printed Page 3301 . . . . . Thursday, May 26, 2005

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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 76 to 21:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 82     Part 1B, Section 73.17, Statewide Revenue, page 453,

SR: Increased Enforcement Collections, H18 Francis

Marion University, Francis Marion Trail, $110,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 82     Part 1B, Section 73.17, Statewide Revenue, page 453,

SR: Increased Enforcement Collections, H18 Francis

Marion University, Francis Marion Trail, $110,000

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

Senator LEATHERMAN explained the veto.

Senator LEATHERMAN 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:


Printed Page 3302 . . . . . Thursday, May 26, 2005

Ayes 37; Nays 2

AYES

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory
Grooms                    Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill *                  Moore                     Patterson
Peeler                    Pinckney                  Reese
Richardson                Scott                     Setzler
Sheheen                   Thomas                    Verdin
Williams

Total--37

NAYS

Hawkins                   Ryberg

Total--2

*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., May 23, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 100 to 4:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT


Printed Page 3303 . . . . . Thursday, May 26, 2005

Veto 83     Part 1B, Section 73.17, Statewide Revenue, page 453,

SR: Increased Enforcement Collections, H27 University

of South Carolina - Columbia, Poison Control Center,

$200,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 83     Part 1B, Section 73.17, Statewide Revenue, page 453,

SR: Increased Enforcement Collections, H27 University

of South Carolina - Columbia, Poison Control Center,

$200,000

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

Senator CROMER spoke on the veto.

Senator CROMER 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 39; Nays 1

AYES

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory
Grooms                    Hawkins                   Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Lourie
Malloy                    Martin                    Matthews
McConnell                 McGill *                  Moore
Patterson                 Peeler                    Pinckney

Printed Page 3304 . . . . . Thursday, May 26, 2005

Reese                     Richardson                Scott
Setzler                   Sheheen                   Smith, J. Verne
Thomas                    Verdin                    Williams

Total--39

NAYS

Ryberg

Total--1

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 89 to 17:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 84     Part 1B, Section 73.17, Statewide Revenue, page 453,

SR: Increased Enforcement Collections, H27 University

of South Carolina - Columbia, Augusta Baker Chair for

Childhood Literacy, $1,500,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 84     Part 1B, Section 73.17, Statewide Revenue, page 453,

SR: Increased Enforcement Collections, H27 University


Printed Page 3305 . . . . . Thursday, May 26, 2005

of South Carolina - Columbia, Augusta Baker Chair for

Childhood Literacy, $1,500,000

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

Senator LEATHERMAN 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 4

AYES

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

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4


Printed Page 3306 . . . . . Thursday, May 26, 2005

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 92 to 10:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 85     Part 1B, Section 73.17, Statewide Revenue, page 453,

SR: Increased Enforcement Collections, H12 Clemson

University, Call Me Mister, $1,300,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 85     Part 1B, Section 73.17, Statewide Revenue, page 453,

SR: Increased Enforcement Collections, H12 Clemson

University, Call Me Mister, $1,300,000

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

Senator MARTIN 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?"


Printed Page 3307 . . . . . Thursday, May 26, 2005

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

Ayes 42; Nays 4

AYES

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

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 25, 2005

Mr. President and Senators:


Printed Page 3308 . . . . . Thursday, May 26, 2005

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 77 to 23:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 86     Part 1B, Section 73.17, Statewide Revenue, page 453,

SR: Increased Enforcement Collections, H47 Winthrop

University, Thurmond College of Business

Administration, $1,000,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 86     Part 1B, Section 73.17, Statewide Revenue, page 453,

SR: Increased Enforcement Collections, H47 Winthrop

University, Thurmond College of Business

Administration, $1,000,000

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

Senator LEATHERMAN 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 4

AYES

Alexander                 Anderson                  Cleary
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Gregory                   Grooms                    Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin

Printed Page 3309 . . . . . Thursday, May 26, 2005

Matthews                  McConnell                 McGill *
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Reese                     Richardson
Ritchie                   Scott                     Setzler
Sheheen                   Short                     Smith, J. Verne
Thomas                    Verdin                    Williams

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 94 to 11:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 87     Part 1B, Section 73.17, Statewide Revenue, page 453,

SR: Increased Enforcement Collections, E24 Adjutant

General's Office, Air Guard, $100,000
Very respectfully,
Speaker of the House

Received as information.


Printed Page 3310 . . . . . Thursday, May 26, 2005

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 87     Part 1B, Section 73.17, Statewide Revenue, page 453,

SR: Increased Enforcement Collections, E24 Adjutant

General's Office, Air Guard, $100,000

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

Senator LEATHERMAN 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 3

AYES

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

Total--38

NAYS

Bryant                    Gregory                   Ryberg

Total--3


Printed Page 3311 . . . . . Thursday, May 26, 2005

*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.

Objection

Senator CAMPSEN asked unanimous consent to make a motion to change his vote from "no" to "aye" on Vetoes 83, 84, 85, 86, 87 and 61.

Senator McCONNELL objected.

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 75 to 28:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 88     Part 1B, Section 73.17, Statewide Revenue, page 453,

SR: Increased Enforcement Collections, U12

Department of Transportation, Mass Transit, $1,300,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 88     Part 1B, Section 73.17, Statewide Revenue, page 453,

SR: Increased Enforcement Collections, U12

Department of Transportation, Mass Transit, $1,300,000

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


Printed Page 3312 . . . . . Thursday, May 26, 2005

Senator LEATHERMAN 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 4

AYES

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

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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.


Printed Page 3313 . . . . . Thursday, May 26, 2005

ACTING PRESIDENT PRESIDES

At 5:21 P.M., Senator McCONNELL assumed the Chair.

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 87 to 14:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 89     Part 1B, Section 73.17, Statewide Revenue, page 453,

SR: Increased Enforcement Collections, F03 Budget and

Control Board, Geodetic Mapping, $250,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 89     Part 1B, Section 73.17, Statewide Revenue, page 453,

SR: Increased Enforcement Collections, F03 Budget and

Control Board, Geodetic Mapping, $250,000

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

Senator LEATHERMAN 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 4

AYES

Alexander                 Anderson                  Cleary

Printed Page 3314 . . . . . Thursday, May 26, 2005

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

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 73 to 32:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 90     Part 1B, Section 73.17, Statewide Revenue, page 453,

SR: Increased Enforcement Collections, F03 Budget and


Printed Page 3315 . . . . . Thursday, May 26, 2005

Control Board, Maritime Collection Maintenance and

Security, $100,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 90     Part 1B, Section 73.17, Statewide Revenue, page 453,

SR: Increased Enforcement Collections, F03 Budget and

Control Board, Maritime Collection Maintenance and

Security, $100,000

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

Senator LEATHERMAN 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 37; Nays 1

AYES

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory
Grooms                    Hawkins                   Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Lourie
Malloy                    Martin                    Matthews
McConnell                 McGill *                  Moore
Patterson                 Peeler                    Pinckney
Rankin                    Scott                     Setzler

Printed Page 3316 . . . . . Thursday, May 26, 2005

Sheheen                   Thomas                    Verdin
Williams

Total--37

NAYS

Ryberg

Total--1

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 82 to 23:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 91     Part 1B, Section 73.17, Statewide Revenue, page 453,

SR: Increased Enforcement Collections, P28 Dept. of

Parks, Recreation and Tourism, Competitive Grants

Program, $56,727
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 91     Part 1B, Section 73.17, Statewide Revenue, page 453,

SR: Increased Enforcement Collections, P28 Dept. of


Printed Page 3317 . . . . . Thursday, May 26, 2005

Parks, Recreation and Tourism, Competitive Grants

Program, $56,727

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

Senator LEATHERMAN 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 31; Nays 6

AYES

Anderson                  Cleary                    Cromer
Drummond                  Elliott                   Fair
Ford                      Grooms                    Hayes
Hutto                     Jackson                   Knotts
Land                      Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill *                  Moore                     Patterson
Pinckney                  Reese                     Richardson
Ritchie                   Scott                     Setzler
Sheheen                   Smith, J. Verne           Thomas
Williams

Total--31

NAYS

Bryant                    Campsen                   Courson
Hawkins                   Ryberg                    Verdin

Total--6

*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.


Printed Page 3318 . . . . . Thursday, May 26, 2005

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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 93 to 13:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 92     Part 1B, Section 73.17, Statewide Revenue, page 453,

SR: Increased Enforcement Collections, P28 Dept. of

Parks, Recreation and Tourism, European Advertising,

$1,000,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 92     Part 1B, Section 73.17, Statewide Revenue, page 453,

SR: Increased Enforcement Collections, P28 Dept. of

Parks, Recreation and Tourism, European Advertising,

$1,000,000

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

Senator LEATHERMAN 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:


Printed Page 3319 . . . . . Thursday, May 26, 2005

Ayes 42; Nays 4

AYES

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

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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.

Objection

Senator CAMPSEN asked unanimous consent to make a motion to change his vote from "nay" to "aye".

Senator McCONNELL objected.


Printed Page 3320 . . . . . Thursday, May 26, 2005

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 76 to 26:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 93     Part IB; Section 73; Section 73.18; page 455; Line 6;

H03; Commission Higher Education; Greenville

University Center; $800,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 93     Part IB; Section 73; Section 73.18; page 455; Line 6;

H03; Commission Higher Education; Greenville

University Center; $800,000

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

Senator LEATHERMAN 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 4

AYES

Alexander                 Anderson                  Cleary
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Gregory                   Grooms                    Hayes
Hutto                     Jackson                   Knotts   

Printed Page 3321 . . . . . Thursday, May 26, 2005

Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill *
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Reese                     Richardson
Ritchie                   Scott                     Setzler
Sheheen                   Short                     Smith, J. Verne
Thomas                    Verdin                    Williams

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 90 to 15:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 94     Part IB; Section 73; Section 73.18; page 455; Line 8;

J04; Department of Health and Environmental Control;

Beach Renourishment Trust Fund; $5,000,000
Very respectfully,
Speaker of the House

Received as information.


Printed Page 3322 . . . . . Thursday, May 26, 2005

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 94     Part IB; Section 73; Section 73.18; page 455; Line 8;

J04; Department of Health and Environmental Control;

Beach Renourishment Trust Fund; $5,000,000

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

Senator LEATHERMAN 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 31; Nays 9

AYES

Alexander                 Anderson                  Campsen
Cleary                    Cromer                    Drummond
Elliott                   Fair                      Ford
Grooms                    Hawkins                   Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Lourie
Martin                    McGill *                  Moore
Patterson                 Peeler                    Pinckney
Reese                     Richardson                Ritchie
Scott                     Setzler                   Thomas
Verdin

Total--31

NAYS

Bryant                    Courson                   Gregory
Malloy                    McConnell                 Ryberg
Sheheen                   Smith, J. Verne           Williams

Total--9


Printed Page 3323 . . . . . Thursday, May 26, 2005

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 90 to 13:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 95     Part IB; Section 73; Section 73.18; page 455; Line 9;

H51; Medical University of South Carolina; Nursing

Clinical Teaching Lab; $1,500,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 95     Part IB; Section 73; Section 73.18; page 455; Line 9;

H51; Medical University of South Carolina; Nursing

Clinical Teaching Lab; $1,500,000

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

Senator LEATHERMAN 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?"


Printed Page 3324 . . . . . Thursday, May 26, 2005

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

Ayes 36 ; Nays 5

AYES

Alexander                 Anderson                  Campsen
Cleary                    Cromer                    Drummond
Elliott                   Fair                      Ford
Grooms                    Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill *                  Moore                     Patterson
Peeler                    Pinckney                  Reese
Richardson                Ritchie                   Scott
Setzler                   Sheheen                   Smith, J. Verne
Thomas                    Verdin                    Williams

Total--36

NAYS

Bryant                    Courson                   Gregory
Hawkins                   Ryberg

Total--5

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 96 to 13:


Printed Page 3325 . . . . . Thursday, May 26, 2005

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 96     Part IB; Section 73; Section 73.18; page 455; Line 11;

H63; Department of Education; SC Alliance of Boys &

Girls Clubs, Inc.; $1,000,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 96     Part IB; Section 73; Section 73.18; page 455; Line 11;

H63; Department of Education; SC Alliance of Boys &

Girls Clubs, Inc.; $1,000,000

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

Senator LEATHERMAN 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 4

AYES

Alexander                 Anderson                  Cleary
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Gregory                   Grooms                    Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill *
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Reese                     Richardson
Ritchie                   Scott                     Setzler

Printed Page 3326 . . . . . Thursday, May 26, 2005

Sheheen                   Short                     Smith, J. Verne
Thomas                    Verdin                    Williams

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 80 to 24:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 97     Part 1B, Section 73; Section 73.18; page 455; Line 12;

J04; Department of Health and Environmental Control;

Competitive Grants; 2,800,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 97     Part 1B, Section 73; Section 73.18; page 455; Line 12;

J04; Department of Health and Environmental Control;

Competitive Grants; 2,800,000


Printed Page 3327 . . . . . Thursday, May 26, 2005

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

Senator LEATHERMAN 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 4

AYES

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

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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.


Printed Page 3328 . . . . . Thursday, May 26, 2005

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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 76 to 18:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT
Veto 98     Part IB; Section 73; Section 73.18; page 455; Line 13;

P28; Department of Parks, Recreation & Tourism;

Competitive Grants; $3,000,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT
Veto 98     Part IB; Section 73; Section 73.18; page 455; Line 13;

P28; Department of Parks, Recreation & Tourism;

Competitive Grants; $3,000,000

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

Senator LEATHERMAN 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 4

AYES

Alexander                 Anderson                  Cleary

Printed Page 3329 . . . . . Thursday, May 26, 2005

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

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 74 to 28:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT


Printed Page 3330 . . . . . Thursday, May 26, 2005

Veto 99     Part 1B, Section 73, Section 73.18, page 455; Line 14;

Department of Commerce; a) Competitive Grants;

$500,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 99     Part 1B, Section 73, Section 73.18, page 455; Line 14;

Department of Commerce; a) Competitive Grants;

$500,000

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

Senator LEATHERMAN 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 4

AYES

Alexander                 Anderson                  Cleary
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Gregory                   Grooms                    Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill *
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Reese                     Richardson
Ritchie                   Scott                     Setzler

Printed Page 3331 . . . . . Thursday, May 26, 2005

Sheheen                   Short                     Smith, J. Verne
Thomas                    Verdin                    Williams

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 79 to 28:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 100     Part IB; Section 73; Section 73.18; page 455; Line 16;

F03; Budget and Control Board; a) Competitive Grants;

$3,000,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 100     Part IB; Section 73; Section 73.18; page 455; Line 16;

F03; Budget and Control Board; a) Competitive Grants;

$3,000,000


Printed Page 3332 . . . . . Thursday, May 26, 2005

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

Senator LEATHERMAN 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 4

AYES

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

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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.


Printed Page 3333 . . . . . Thursday, May 26, 2005

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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 77 to 28:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 101     Part IB; Section 73; Section 73.18; page 455; Line 16;

F03; Budget and Control Board; b) Morris Island

Lighthouse; $500,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 101     Part IB; Section 73; Section 73.18; page 455; Line 16;

F03; Budget and Control Board; b) Morris Island

Lighthouse; $500,000

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

Senator LEATHERMAN 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 27; Nays 12

AYES

Alexander                 Anderson                  Campsen

Printed Page 3334 . . . . . Thursday, May 26, 2005

Drummond                  Elliott                   Fair
Ford                      Grooms                    Hayes
Hutto                     Land                      Leatherman
Lourie                    Martin                    Matthews
McConnell                 McGill *                  Moore
Patterson                 Peeler                    Pinckney
Richardson                Scott                     Sheheen
Smith, J. Verne           Thomas                    Williams

Total--27

NAYS

Bryant                    Cleary                    Courson
Cromer                    Gregory                   Hawkins
Knotts                    Malloy                    Ritchie
Ryberg                    Setzler                   Verdin

Total--12

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 75 to 29:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 102     Part IB; Section 73; Section 73.18; page 455; Line 16;

F03; Budget and Control Board; d) Expansion of

Heritage Corridor; $500,000


Printed Page 3335 . . . . . Thursday, May 26, 2005

Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 102     Part IB; Section 73; Section 73.18; page 455; Line 16;

F03; Budget and Control Board; d) Expansion of

Heritage Corridor; $500,000

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

Senator LEATHERMAN 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 4

AYES

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

Total--42


Printed Page 3336 . . . . . Thursday, May 26, 2005

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 87 to 18:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 103     Part IB; Section 73; Section 73.18; page 455; Line 18;

L04; Department of Social Services; b) The Lacy House,

$200,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 103     Part IB; Section 73; Section 73.18; page 455; Line 18;

L04; Department of Social Services; b) The Lacy House,

$200,000

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

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


Printed Page 3337 . . . . . Thursday, May 26, 2005

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 4

AYES

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

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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.


Printed Page 3338 . . . . . Thursday, May 26, 2005

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 84 to 13:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 104     Part IB; Section 73; Section 73.18; page 455; Line 18;

L04; Department of Social Services; a) Children in

Crisis; $500,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 104     Part IB; Section 73; Section 73.18; page 455; Line 18;

L04; Department of Social Services; a) Children in

Crisis; $500,000

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

Senator LEATHERMAN 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 4

AYES

Alexander                 Anderson                  Cleary
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Gregory                   Grooms                    Hayes
Hutto                     Jackson                   Knotts   

Printed Page 3339 . . . . . Thursday, May 26, 2005

Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill *
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Reese                     Richardson
Ritchie                   Scott                     Setzler
Sheheen                   Short                     Smith, J. Verne
Thomas                    Verdin                    Williams

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.73, H. 3716 by a vote of 53 to 50:

Veto 105     Part IB; Section 73; Section 73.18; page 455; Line 19;

Budget and Control Board; City of Florence Downtown

Redevelopment; $1,000,000
Very respectfully,
Speaker of the House

Received as information.


Printed Page 3340 . . . . . Thursday, May 26, 2005

Message from the House

Columbia, S.C., May 26, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has reconsidered the vote whereby Veto 105 was sustained and the veto was overridden by the following vote: Yeas 71; Nays 30.

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 105     Part IB; Section 73; Section 73.18; page 455; Line 19;

Budget and Control Board; City of Florence Downtown

Redevelopment; $1,000,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 105     Part IB; Section 73; Section 73.18; page 455; Line 19;

Budget and Control Board; City of Florence Downtown

Redevelopment; $1,000,000

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

Senator LEATHERMAN 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 4

AYES

Alexander                 Anderson                  Cleary
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Gregory                   Grooms                    Hayes
Hutto                     Jackson                   Knotts   

Printed Page 3341 . . . . . Thursday, May 26, 2005

Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill *
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Reese                     Richardson
Ritchie                   Scott                     Setzler
Sheheen                   Short                     Smith, J. Verne
Thomas                    Verdin                    Williams

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 69 to 26:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 106     Part IB; Section 73; Section 73.18; page 456; Line 21;

J02; Department of Health and Human Services; Health

Care Information & Referral Network; $111,858
Very respectfully,
Speaker of the House

Received as information.


Printed Page 3342 . . . . . Thursday, May 26, 2005

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 106     Part IB; Section 73; Section 73.18; page 456; Line 21;

J02; Department of Health and Human Services; Health

Care Information & Referral Network; $111,858

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

Senator LEATHERMAN 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 4

AYES

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

Total--42


Printed Page 3343 . . . . . Thursday, May 26, 2005

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 76 to 26:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 107     Part IB; Section 73; Section 73.18; page 456; Line 22;

H18; Francis Marion University; Center for the Child,

Construction; $2,000,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 107     Part IB; Section 73; Section 73.18; page 456; Line 22;

H18; Francis Marion University; Center for the Child,

Construction; $2,000,000

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

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


Printed Page 3344 . . . . . Thursday, May 26, 2005

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 4

AYES

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

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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.


Printed Page 3345 . . . . . Thursday, May 26, 2005

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 80 to 24:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 108     Part IB; Section 73; Section 73.18; page 456; Line 23;

H59; State Board for Technical and Comprehensive

Education; Spartanburg Technical College - Cherokee

Expansion; $2,000,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 108     Part IB; Section 73; Section 73.18; page 456; Line 23;

H59; State Board for Technical and Comprehensive

Education; Spartanburg Technical College - Cherokee

Expansion; $2,000,000

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

Senator LEATHERMAN 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 36; Nays 3

AYES

Alexander                 Anderson                  Bryant
Cleary                    Courson                   Cromer

Printed Page 3346 . . . . . Thursday, May 26, 2005

Drummond                  Elliott                   Fair
Ford                      Grooms                    Hawkins
Hayes                     Hutto                     Jackson
Knotts                    Land                      Leatherman
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill *
Moore                     Patterson                 Peeler
Reese                     Richardson                Ritchie
Setzler                   Sheheen                   Smith, J. Verne
Thomas                    Verdin                    Williams

Total--36

NAYS

Campsen                   Gregory                   Ryberg

Total--3

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 93 to 8:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 109     Part IB; Section 73; Section 73.18; page 456; Line 24;

E24; Adjutant General; State Guard Other Operating

Expenses; $200,000


Printed Page 3347 . . . . . Thursday, May 26, 2005

Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 109     Part IB; Section 73; Section 73.18; page 456; Line 24;

E24; Adjutant General; State Guard Other Operating

Expenses; $200,000

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

Senator LEATHERMAN 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 39; Nays 1

AYES

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

Total--39


Printed Page 3348 . . . . . Thursday, May 26, 2005

NAYS

Ryberg

Total--1

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 72 to 33:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 110     Part IB; Section 73; Section 73.18; page 456; Line 26;

F03; Budget and Control Board; Maritime Collection

Maintenance & Security; $75,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 110     Part IB; Section 73; Section 73.18; page 456; Line 26;

F03; Budget and Control Board; Maritime Collection

Maintenance & Security; $75,000

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

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


Printed Page 3349 . . . . . Thursday, May 26, 2005

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 3

AYES

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Grooms
Hayes                     Hutto                     Jackson
Knotts                    Land                      Leatherman
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill *
Moore                     Patterson                 Peeler
Pinckney                  Reese                     Richardson
Setzler                   Sheheen                   Smith, J. Verne
Thomas                    Verdin                    Williams

Total--36

NAYS

Gregory                   Hawkins                   Ryberg

Total--3

*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., May 25, 2005

Mr. President and Senators:


Printed Page 3350 . . . . . Thursday, May 26, 2005

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 92 to 10:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 111     Part IB; Section 73; Section 73.18; page 456; Line 30;

J02; Department of Health & Human Services; Rural

Hospital Grants; $3,000,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 111     Part IB; Section 73; Section 73.18; page 456; Line 30;

J02; Department of Health & Human Services; Rural

Hospital Grants; $3,000,000

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

Senator LEATHERMAN 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 4

AYES

Alexander                 Anderson                  Cleary
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Gregory                   Grooms                    Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill *
Mescher                   Moore                     O'Dell   

Printed Page 3351 . . . . . Thursday, May 26, 2005

Patterson                 Peeler                    Pinckney
Rankin                    Reese                     Richardson
Ritchie                   Scott                     Setzler
Sheheen                   Short                     Smith, J. Verne
Thomas                    Verdin                    Williams

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 86 to 18:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT
Veto 112     Part IB; Section 73; Section 73.18; page 456; Line 31;

F03; Commission on Higher Education; Statewide

Electronic Library; $2,000,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT


Printed Page 3352 . . . . . Thursday, May 26, 2005

Veto 112     Part IB; Section 73; Section 73.18; page 456; Line 31;

F03; Commission on Higher Education; Statewide

Electronic Library; $2,000,000

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

Senator LEATHERMAN 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 4

AYES

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

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4


Printed Page 3353 . . . . . Thursday, May 26, 2005

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 71 to 32:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 113     Part IB; Section 73; Section 73.18; page 456; Line 32;

P28; Department of Parks, Recreation & Tourism;

Heritage Corridor/Willington on the Way; $350,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 113     Part IB; Section 73; Section 73.18; page 456; Line 32;

P28; Department of Parks, Recreation & Tourism;

Heritage Corridor/Willington on the Way; $350,000

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

Senator LEATHERMAN 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?"


Printed Page 3354 . . . . . Thursday, May 26, 2005

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

Ayes 42; Nays 4

AYES

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

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 25, 2005

Mr. President and Senators:


Printed Page 3355 . . . . . Thursday, May 26, 2005

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 71 to 35:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 114     Part IB; Section 73; Section 73.18; page 456; Line 35;

P32; Department of Commerce; I-26/I-95 Corridor

Project; $950,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 114     Part IB; Section 73; Section 73.18; page 456; Line 35;

P32; Department of Commerce; I-26/I-95 Corridor

Project; $950,000

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

Senator LEATHERMAN 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 4

AYES

Alexander                 Anderson                  Cleary
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Gregory                   Grooms                    Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill *
Mescher                   Moore                     O'Dell   

Printed Page 3356 . . . . . Thursday, May 26, 2005

Patterson                 Peeler                    Pinckney
Rankin                    Reese                     Richardson
Ritchie                   Scott                     Setzler
Sheheen                   Short                     Smith, J. Verne
Thomas                    Verdin                    Williams

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.73, H. 3716 by a vote of 53 to 51:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 115     Part IB; Section 73; Section 73.18; page 456; Line 36;

R36; Department of Labor, Licensing and Regulation;

Fire Academy - Local Needs Equipment; $50,000
Very respectfully,
Speaker of the House

Received as information.


Printed Page 3357 . . . . . Thursday, May 26, 2005

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 74 to 35:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 116     Part IB; Section 73; Section 73.18; page 456; Line 37;

H87; State Library; Williamsburg County Children's

Library; $450,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 116     Part IB; Section 73; Section 73.18; page 456; Line 37;

H87; State Library; Williamsburg County Children's

Library; $450,000

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

Senator LEATHERMAN 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 4

AYES

Alexander                 Anderson                  Cleary
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Gregory                   Grooms                    Hayes
Hutto                     Jackson                   Knotts   

Printed Page 3358 . . . . . Thursday, May 26, 2005

Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill *
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Reese                     Richardson
Ritchie                   Scott                     Setzler
Sheheen                   Short                     Smith, J. Verne
Thomas                    Verdin                    Williams

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 81 to 25:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 117     Part IB; Section 73; Section 73.18; page 456; Line 39;

H36; University of South Carolina - Beaufort; Penn

Center; $500,000
Very respectfully,
Speaker of the House

Received as information.


Printed Page 3359 . . . . . Thursday, May 26, 2005

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 117     Part IB; Section 73; Section 73.18; page 456; Line 39;

H36; University of South Carolina - Beaufort; Penn

Center; $500,000

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

Senator LEATHERMAN 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 4

AYES

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

Total--42


Printed Page 3360 . . . . . Thursday, May 26, 2005

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 77 to 29:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 118     Part IB; Section 73; Section 73.18; page 456; Line 40;

H59; State Board for Technical and Comprehensive

Education; Florence-Darlington Technical College -

Mullins Satellite Campus; $350,000.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 118     Part IB; Section 73; Section 73.18; page 456; Line 40;

H59; State Board for Technical and Comprehensive

Education; Florence-Darlington Technical College -

Mullins Satellite Campus; $350,000.

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


Printed Page 3361 . . . . . Thursday, May 26, 2005

Senator LEATHERMAN 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 4

AYES

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

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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.


Printed Page 3362 . . . . . Thursday, May 26, 2005

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.73, H. 3716 by a vote of 30 to 77:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 119     Part IB; Section 73; Section 73.18; page 456; Line 41;

P28; Department of Parks, Recreation & Tourism;

Repair and Maintenance to the Francis Marion Tomb;

$50,000
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 88 to 17:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 120     Part IB; Section 73; Section 73.18; page 456; Line 42;

D10; Governor's Office-State Law Enforcement

Division; Marlboro County Sheriff's Department

Building; $250,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 120     Part IB; Section 73; Section 73.18; page 456; Line 42;

D10; Governor's Office-State Law Enforcement


Printed Page 3363 . . . . . Thursday, May 26, 2005

Division; Marlboro County Sheriff's Department

Building; $250,000

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

Senator GREGORY spoke on the veto.

Senator MALLOY spoke on the veto.

Senator WILLIAMS spoke on the veto.

Senator LEATHERMAN 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 35; Nays 5

AYES

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

Total--35

NAYS

Courson                   Fair                      Gregory
Hawkins                   Ryberg

Total--5


Printed Page 3364 . . . . . Thursday, May 26, 2005

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 92 to 12:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 121     Part IB; Section 73; Section 73.18; page 456; Line 53;

H37; University of South Carolina - Lancaster; Deferred

Maintenance; $100,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 121     Part IB; Section 73; Section 73.18; page 456; Line 53;

H37; University of South Carolina - Lancaster; Deferred

Maintenance; $100,000

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

Senator LEATHERMAN 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?"


Printed Page 3365 . . . . . Thursday, May 26, 2005

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

Ayes 42; Nays 4

AYES

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

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 25, 2005

Mr. President and Senators:


Printed Page 3366 . . . . . Thursday, May 26, 2005

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 101 to 2:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 122     Part IB; Section 73; Section 73.18; page 457; Line 43;

P28; Department of Parks, Recreation & Tourism;

Walhalla Civic Auditorium; $250,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 122     Part IB; Section 73; Section 73.18; page 457; Line 43;

P28; Department of Parks, Recreation & Tourism;

Walhalla Civic Auditorium; $250,000

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

Senator LEATHERMAN 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 4

AYES

Alexander                 Anderson                  Cleary
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Gregory                   Grooms                    Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill *
Mescher                   Moore                     O'Dell   

Printed Page 3367 . . . . . Thursday, May 26, 2005

Patterson                 Peeler                    Pinckney
Rankin                    Reese                     Richardson
Ritchie                   Scott                     Setzler
Sheheen                   Short                     Smith, J. Verne
Thomas                    Verdin                    Williams

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 90 to 17:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 123     Part IB; Section 73; Section 73.18; page 457; Line 44;

P28; Department of Parks, Recreation & Tourism; Battle

of Camden Land Acquisition; $200,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT


Printed Page 3368 . . . . . Thursday, May 26, 2005

Veto 123     Part IB; Section 73; Section 73.18; page 457; Line 44;

P28; Department of Parks, Recreation & Tourism; Battle

of Camden Land Acquisition; $200,000

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

Senator LEATHERMAN 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 4

AYES

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

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4


Printed Page 3369 . . . . . Thursday, May 26, 2005

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 90 to 14:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 124     Part IB; Section 73; Section 73.18; page 457; Line 45;

H24; South Carolina State University; Program

Enhancement and Deferred Maintenance; $1,500,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 124     Part IB; Section 73; Section 73.18; page 457; Line 45;

H24; South Carolina State University; Program

Enhancement and Deferred Maintenance; $1,500,000

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

Senator LEATHERMAN 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?"


Printed Page 3370 . . . . . Thursday, May 26, 2005

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

Ayes 42; Nays 4

AYES

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

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 25, 2005

Mr. President and Senators:


Printed Page 3371 . . . . . Thursday, May 26, 2005

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 90 to 12:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 125     Part IB; Section 73; Section 73.18; page 457; Line 46;

H09; The Citadel; Deferred Maintenance; $500,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 125     Part IB; Section 73; Section 73.18; page 457; Line 46;

H09; The Citadel; Deferred Maintenance; $500,000

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

Senator LEATHERMAN 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 39; Nays 2

AYES

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory
Grooms                    Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill *                  Moore                     Patterson
Peeler                    Pinckney                  Reese
Richardson                Ritchie                   Scott   

Printed Page 3372 . . . . . Thursday, May 26, 2005

Setzler                   Sheheen                   Smith, J. Verne
Thomas                    Verdin                    Williams

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 100 to 7:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 126     Part IB; Section 73; Section 73.18; page 457; Line 47;

H12; Clemson University; Engineering Research

Centers; $408,728
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 126     Part IB; Section 73; Section 73.18; page 457; Line 47;

H12; Clemson University; Engineering Research

Centers; $408,728


Printed Page 3373 . . . . . Thursday, May 26, 2005

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

Senator LEATHERMAN 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 39; Nays 2

AYES

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

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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.


Printed Page 3374 . . . . . Thursday, May 26, 2005

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 87 to 13:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 127     Part IB; Section 73; Section 73.18; page 457; Line 48;

H12; Clemson University; Deferred Maintenance;

$400,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 127     Part I B; Section 73; Section 73.18; page 457; Line 48;

H12; Clemson University; Deferred Maintenance;

$400,000

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

Senator LEATHERMAN 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 39; Nays 2

AYES

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory

Printed Page 3375 . . . . . Thursday, May 26, 2005

Grooms                    Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill *                  Moore                     Patterson
Peeler                    Pinckney                  Reese
Richardson                Ritchie                   Scott
Setzler                   Sheheen                   Smith, J. Verne
Thomas                    Verdin                    Williams

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 76 to 20:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 128     Part IB; Section 73; Section 73.18; page 457; Line 49;

H17; Coastal Carolina University; Science Building

Support; $500,000
Very respectfully,
Speaker of the House

Received as information.


Printed Page 3376 . . . . . Thursday, May 26, 2005

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 128     Part IB; Section 73; Section 73.18; page 457; Line 49;

H17; Coastal Carolina University; Science Building

Support; $500,000

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

Senator LEATHERMAN 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 39; Nays 2

AYES

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

Total--39

NAYS

Hawkins                   Ryberg

Total--2


Printed Page 3377 . . . . . Thursday, May 26, 2005

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 93 to 12:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 129     Part IB; Section 73; Section 73.18; page 457; Line 50;

H21; Lander University; Deferred Maintenance;

$1,000,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 129     Part IB; Section 73; Section 73.18; page 457; Line 50;

H21; Lander University; Deferred Maintenance;

$1,000,000

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

Senator LEATHERMAN 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?"


Printed Page 3378 . . . . . Thursday, May 26, 2005

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

Ayes 39; Nays 2

AYES

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

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 94 to 11:


Printed Page 3379 . . . . . Thursday, May 26, 2005

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 130     Part IB; Section 73; Section 73.18; page 457; Line 51;

H27; University of South Carolina; Deferred

Maintenance; $475,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 130     Part IB; Section 73; Section 73.18; page 457; Line 51;

H27; University of South Carolina; Deferred

Maintenance; $475,000

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

Senator LEATHERMAN 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 39; Nays 2

AYES

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory
Grooms                    Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill *                  Moore                     Patterson
Peeler                    Pinckney                  Reese
Richardson                Ritchie                   Scott   

Printed Page 3380 . . . . . Thursday, May 26, 2005

Setzler                   Sheheen                   Smith, J. Verne
Thomas                    Verdin                    Williams

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 86 to 11:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 131     Part IB; Section 73; Section 73.18; page 457; Line 52;

H29; University of South Carolina - Aiken; Deferred

Maintenance; $250,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 131     Part IB; Section 73; Section 73.18; page 457; Line 52;

H29; University of South Carolina - Aiken; Deferred

Maintenance; $250,000


Printed Page 3381 . . . . . Thursday, May 26, 2005

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

Senator RYBERG spoke on the veto.

Senator LEATHERMAN 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 39; Nays 2

AYES

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

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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.


Printed Page 3382 . . . . . Thursday, May 26, 2005

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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 88 to 14:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 132     Part IB; Section 73; Section 73.18; page 457; Line 54;

H38; University of South Carolina - Salkehatchie;

Deferred Maintenance; $100,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 132     Part IB; Section 73; Section 73.18; page 457; Line 54;

H38; University of South Carolina - Salkehatchie;

Deferred Maintenance; $100,000

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

Senator LEATHERMAN 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 39; Nays 2

AYES

Alexander                 Anderson                  Bryant

Printed Page 3383 . . . . . Thursday, May 26, 2005

Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory
Grooms                    Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill *                  Moore                     Patterson
Peeler                    Pinckney                  Reese
Richardson                Ritchie                   Scott
Setzler                   Sheheen                   Smith, J. Verne
Thomas                    Verdin                    Williams

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 93 to 12:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 133     Part IB; Section 73; Section 73.18; page 457; Line 55;

H39; University of South Carolina - Sumter; Deferred

Maintenance; $250,000


Printed Page 3384 . . . . . Thursday, May 26, 2005

Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 133     Part IB; Section 73; Section 73.18; page 457; Line 55;

H39; University of South Carolina - Sumter; Deferred

Maintenance; $250,000

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

Senator GREGORY spoke on the veto.

Senator LEATHERMAN 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 39; Nays 2

AYES

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

Total--39


Printed Page 3385 . . . . . Thursday, May 26, 2005

NAYS

Hawkins                   Ryberg

Total--2

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 94 to 10:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 134     Part IB; Section 73; Section 73.18; page 457; Line 56;

H40; University of South Carolina- Union; Deferred

Maintenance; $100,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 134     Part IB; Section 73; Section 73.18; page 457; Line 56;

H40; University of South Carolina- Union; Deferred

Maintenance; $100,000

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

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


Printed Page 3386 . . . . . Thursday, May 26, 2005

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 39; Nays 2

AYES

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

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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.


Printed Page 3387 . . . . . Thursday, May 26, 2005

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 88 to 8:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 135     Part IB; Section 73; Section 73.18; page 457; Line 57;

H59; State Board for Technical and Comprehensive

Education; Deferred Maintenance a) Aiken Technical

College; $100,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 135     Part IB; Section 73; Section 73.18; page 457; Line 57;

H59; State Board for Technical and Comprehensive

Education; Deferred Maintenance a) Aiken Technical

College; $100,000

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

Senator LEATHERMAN 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 39; Nays 2

AYES

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott   

Printed Page 3388 . . . . . Thursday, May 26, 2005

Fair                      Ford                      Gregory
Grooms                    Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill *                  Moore                     Patterson
Peeler                    Pinckney                  Reese
Richardson                Ritchie                   Scott
Setzler                   Sheheen                   Smith, J. Verne
Thomas                    Verdin                    Williams

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 95 to 9:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT
Veto 136     Part IB; Section 73; Section 73.18; page 457; Line 57;

H59; State Board for Technical and Comprehensive

Education; Deferred Maintenance b) Central Carolina

Technical College; $100,000


Printed Page 3389 . . . . . Thursday, May 26, 2005

Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT
Veto 136     Part IB; Section 73; Section 73.18; page 457; Line 57;

H59; State Board for Technical and Comprehensive

Education; Deferred Maintenance b) Central Carolina

Technical College; $100,000

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

Senator LEATHERMAN 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 39; Nays 2

AYES

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

Total--39


Printed Page 3390 . . . . . Thursday, May 26, 2005

NAYS

Hawkins                   Ryberg

Total--2

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 87 to 8:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 137     Part IB; Section 73; Section 73.18; page 457; Line 57;

H59; State Board for Technical and Comprehensive

Education; Deferred Maintenance c) Denmark Technical

College; $100,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 137     Part IB; Section 73; Section 73.18; page 457; Line 57;

H59; State Board for Technical and Comprehensive

Education; Deferred Maintenance c) Denmark Technical

College; $100,000

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


Printed Page 3391 . . . . . Thursday, May 26, 2005

Senator LEATHERMAN 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 39; Nays 2

AYES

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

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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.


Printed Page 3392 . . . . . Thursday, May 26, 2005

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 85 to 8:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 138     Part IB; Section 73; Section 73.18; page 457; Line 57;

H59; State Board for Technical and Comprehensive

Education; Deferred Maintenance d) Florence-

Darlington Technical College; $100,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 138     Part IB; Section 73; Section 73.18; page 457; Line 57;

H59; State Board for Technical and Comprehensive

Education; Deferred Maintenance d) Florence-

Darlington Technical College; $100,000

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

Senator LEATHERMAN 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 39; Nays 2

AYES

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott   

Printed Page 3393 . . . . . Thursday, May 26, 2005

Fair                      Ford                      Gregory
Grooms                    Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill *                  Moore                     Patterson
Peeler                    Pinckney                  Reese
Richardson                Ritchie                   Scott
Setzler                   Sheheen                   Smith, J. Verne
Thomas                    Verdin                    Williams

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 88 to 11:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 139     Part IB; Section 73; Section 73.18; page 457; Line 57;

H59; State Board for Technical and Comprehensive

Education; Deferred Maintenance e) Greenville

Technical College; $100,000


Printed Page 3394 . . . . . Thursday, May 26, 2005

Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 139     Part IB; Section 73; Section 73.18; page 457; Line 57;

H59; State Board for Technical and Comprehensive

Education; Deferred Maintenance e) Greenville

Technical College; $100,000

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

Senator LEATHERMAN 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 39; Nays 2

AYES

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

Total--39


Printed Page 3395 . . . . . Thursday, May 26, 2005

NAYS

Hawkins                   Ryberg

Total--2

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 89 to 10:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 140     Part IB; Section 73; Section 73.18; page 457; Line 57;

H59; State Board for Technical and Comprehensive

Education; Deferred Maintenance f) Horry-Georgetown

Technical College; $100,000.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 140     Part IB; Section 73; Section 73.18; page 457; Line 57;

H59; State Board for Technical and Comprehensive

Education; Deferred Maintenance f) Horry-Georgetown

Technical College; $100,000.

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


Printed Page 3396 . . . . . Thursday, May 26, 2005

Senator LEATHERMAN 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 39; Nays 2

AYES

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

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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.


Printed Page 3397 . . . . . Thursday, May 26, 2005

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.73, H. 3716 by a vote of 59 to 45:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 141     Part IB; Section 73; Section 73.18; page 457; Line 57;

H59; State Board for Technical and Comprehensive

Education; Deferred Maintenance g) Midlands Technical

College; $100,000
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 26, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has reconsidered the vote whereby Veto 141 was sustained and the veto was overridden by the following vote: Yeas 88; Nays 12.

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 141     Part IB; Section 73; Section 73.18; page 457; Line 57;

H59; State Board for Technical and Comprehensive

Education; Deferred Maintenance g) Midlands Technical

College; $100,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 141     Part IB; Section 73; Section 73.18; page 457; Line 57;

H59; State Board for Technical and Comprehensive

Education; Deferred Maintenance g) Midlands Technical

College; $100,000


Printed Page 3398 . . . . . Thursday, May 26, 2005

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

Senator LEATHERMAN 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 39; Nays 2

AYES

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

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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.


Printed Page 3399 . . . . . Thursday, May 26, 2005

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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 90 to 9:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 142     Part IB; Section 73; Section 73.18; page 457; Line 57;

H59; State Board for Technical and Comprehensive

Education; Deferred Maintenance h) Northeastern

Technical College; $100,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 142     Part IB; Section 73; Section 73.18; page 457; Line 57;

H59; State Board for Technical and Comprehensive

Education; Deferred Maintenance h) Northeastern

Technical College; $100,000

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

Senator LEATHERMAN 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:


Printed Page 3400 . . . . . Thursday, May 26, 2005

Ayes 39; Nays 2

AYES

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

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 90 to 11:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT


Printed Page 3401 . . . . . Thursday, May 26, 2005

Veto 143     Part IB; Section 73; Section 73.18; page 457; Line 57;

H59; State Board for Technical and Comprehensive

Education; Deferred Maintenance i) Piedmont

Technical College; $100,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 143     Part IB; Section 73; Section 73.18; page 457; Line 57;

H59; State Board for Technical and Comprehensive

Education; Deferred Maintenance i) Piedmont

Technical College; $100,000

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

Senator LEATHERMAN 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 39; Nays 2

AYES

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory
Grooms                    Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill *                  Moore                     Patterson
Peeler                    Pinckney                  Reese   

Printed Page 3402 . . . . . Thursday, May 26, 2005

Richardson                Ritchie                   Scott
Setzler                   Sheheen                   Smith, J. Verne
Thomas                    Verdin                    Williams

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 86 to 8:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 144     Part IB; Section 73; Section 73.18; page 457; Line 57;

H59; State Board for Technical and Comprehensive

Education; Deferred Maintenance j) Technical College

of the Lowcountry; $100,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 144     Part IB; Section 73; Section 73.18; page 457; Line 57;

H59; State Board for Technical and Comprehensive


Printed Page 3403 . . . . . Thursday, May 26, 2005

Education; Deferred Maintenance j) Technical College

of the Lowcountry; $100,000

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

Senator LEATHERMAN 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 39; Nays 2

AYES

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

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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.


Printed Page 3404 . . . . . Thursday, May 26, 2005

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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 93 to 9:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 145     Part IB; Section 73; Section 73.18; page 457; Line 57;

H59; State Board for Technical and Comprehensive

Education; Deferred Maintenance k) Tri-County

Technical College; $100,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 145     Part IB; Section 73; Section 73.18; page 457; Line 57;

H59; State Board for Technical and Comprehensive

Education; Deferred Maintenance k) Tri-County

Technical College; $100,000

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

Senator LEATHERMAN 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:


Printed Page 3405 . . . . . Thursday, May 26, 2005

Ayes 39; Nays 2

AYES

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

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 91 to 10:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT


Printed Page 3406 . . . . . Thursday, May 26, 2005

Veto 146     Part IB; Section 73; Section 73.18; page 457; Line 57;

H59; State Board for Technical and Comprehensive

Education; Deferred Maintenance l) Trident Technical

College; $100,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 146     Part IB; Section 73; Section 73.18; page 457; Line 57;

H59; State Board for Technical and Comprehensive

Education; Deferred Maintenance l) Trident Technical

College; $100,000

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

Senator LEATHERMAN 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 39; Nays 2

AYES

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory
Grooms                    Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill *                  Moore                     Patterson
Peeler                    Pinckney                  Reese   

Printed Page 3407 . . . . . Thursday, May 26, 2005

Richardson                Ritchie                   Scott
Setzler                   Sheheen                   Smith, J. Verne
Thomas                    Verdin                    Williams

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 94 to 12:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 147     Part IB; Section 73; Section 73.18; page 457; Line 57;

H59; State Board for Technical and Comprehensive

Education; Deferred Maintenance m) Williamsburg

Technical College; $100,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 147     Part IB; Section 73; Section 73.18; page 457; Line 57;

H59; State Board for Technical and Comprehensive


Printed Page 3408 . . . . . Thursday, May 26, 2005

Education; Deferred Maintenance m) Williamsburg

Technical College; $100,000

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

Senator LEATHERMAN 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 39; Nays 2

AYES

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

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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.


Printed Page 3409 . . . . . Thursday, May 26, 2005

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., May 26, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained Veto 148 by the Governor on R.73, H. 3716 by a vote of 51 to 51:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT
Veto 148     Part IB; Section 73; Section 73.18; page 457; Line 57;

H59; State Board for Technical and Comprehensive

Education; Deferred Maintenance n) York Technical

College; $100,000
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 26, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has reconsidered the vote whereby Veto 148 was sustained and the veto was overridden by the following vote: Yeas 85; Nays 9.

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 148     Part IB; Section 73; Section 73.18; page 457; Line 57;

H59; State Board for Technical and Comprehensive

Education; Deferred Maintenance n) York Technical

College; $100,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT


Printed Page 3410 . . . . . Thursday, May 26, 2005

Veto 148     Part IB; Section 73; Section 73.18; page 457; Line 57;

H59; State Board for Technical and Comprehensive

Education; Deferred Maintenance n) York Technical

College; $100,000

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

Senator LEATHERMAN 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 39; Nays 2

AYES

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

Total--39

NAYS

Hawkins                   Ryberg

Total--2


Printed Page 3411 . . . . . Thursday, May 26, 2005

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 96 to 3:

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 149     Part IB; Section 73; Section 73.18; page 457; Line 58;

H59; State Board for Technical and Comprehensive

Education; Special Schools; $3,000,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 149     Part IB; Section 73; Section 73.18; page 457; Line 58;

H59; State Board for Technical and Comprehensive

Education; Special Schools; $3,000,000

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

Senator LEATHERMAN 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:


Printed Page 3412 . . . . . Thursday, May 26, 2005

Ayes 39; Nays 2

AYES

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

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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.

Senator LEATHERMAN spoke on the Bill.

Statement by Senators THOMAS and KNOTTS

The Governor himself in his veto message establishes the solid ground for legitimately voting to override. He states on page 12 of his veto message, "I want to be perfectly clear. In all the sections that follow, while the vetoes listed in the message obviously impact specific projects, they are not about the merits of those projects. They are about


Printed Page 3413 . . . . . Thursday, May 26, 2005

getting to a sum that enables us to repay half of the outstanding balance on trust and reserve funds."

Exactly! The legislative process is intended to look at the merits of the issues. That's why the committee process is so vital. After subcommittees in both houses, full committee consideration in both houses, and full floor debate, the merits have been proven or at least substantially demonstrated. The Governor and his limited staff have only little time and means to examine on the merits. But the Governor does seem to decide on the merits when he has a program he likes. A good program such as the Conservation Bank, for instance, he funds in his own budget and does not veto. He used one standard for the Legislature and another for himself. The Conservation Bank money is millions that could go to repaying the trust funds. But the Governor decides on the merits that this item is meritorious enough to " override" his operating principle: Fund the trust funds first.

This inconsistency is also manifested in the vetoes of items in his own budget. Fourteen have been identified!

Some items of veto are not budgetary per-se, but are provisos. Overwhelmingly the Governor is either misinformed or is confused about the facts or impact of a proviso. An example of his confusion over the budgetary facts is Veto 48. Here the Governor vetoes $2,696,538 which the Department of Revenue needed for upgrades in computer technology to allow the department to continue its collection of delinquent tax dollars. 61 million dollars in the budget is contingent on this upgrade. The Governor supposed the previous year's allocation to be one-time expenditures to accomplish such collection but the Finance subcommittee and full committee were assured by DOR that the new technology money was crucial for this year's collection. Given the DOR Director's precision and complete forthrightness and his request as necessary for the technology upgrade, the Legislature could lose all or part of the new 61 million dollars if the veto upgrade is sustained.

Finally, the Legislature is responsibly acting to pay back the various trust funds drawn upon during the recession. 438 million dollars was used over three years and 117 million dollars was applied this year to replenish the funds. In only a few years, all the funds will be repaid.

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:


Printed Page 3414 . . . . . Thursday, May 26, 2005

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.74, H. 3717 by a vote of 88 to 14:

(R74, H3717 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

Veto 1         Section 1; page 1; Item 4(B); State Department of

Education; Governor's School for the Arts; Deferred

Maintenance; $775,000.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R74, H3717 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

Veto 1         Section 1; page 1; Item 4(B); State Department of

Education; Governor's School for the Arts; Deferred

Maintenance; $775,000.

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

Senator LEATHERMAN 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 39; Nays 2

AYES

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory
Grooms                    Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Lourie                    Malloy   

Printed Page 3415 . . . . . Thursday, May 26, 2005

Martin                    Matthews                  McConnell
McGill *                  Moore                     Patterson
Peeler                    Pinckney                  Reese
Richardson                Ritchie                   Scott
Setzler                   Sheheen                   Smith, J. Verne
Thomas                    Verdin                    Williams

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.74, H. 3717 by a vote of 86 to 14:

(R74, H3717 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

Veto 2     Section 1; page 1; Item 4(C); State Department of

Education; Governor's School - Math and Science;

Deferred Maintenance; $775,000.
Very respectfully,
Speaker of the House

Received as information.


Printed Page 3416 . . . . . Thursday, May 26, 2005

VETO OVERRIDDEN

(R74, H3717 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

Veto 2     Section 1; page 1; Item 4(C); State Department of

Education; Governor's School - Math and Science;

Deferred Maintenance; $775,000.

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

Senator LEATHERMAN 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 39; Nays 2

AYES

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

Total--39

NAYS

Hawkins                   Ryberg

Total--2


Printed Page 3417 . . . . . Thursday, May 26, 2005

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.74, H. 3717 by a vote of 78 to 15:

(R74, H3717 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

Veto 3     Section 1; page 2; Item 9; Board of Technical and

Comprehensive Education; Orangeburg Technical College;

$2,000,000.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R74, H3717 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

Veto 3     Section 1; page 2; Item 9; Board of Technical and

Comprehensive Education; Orangeburg Technical College;

$2,000,000.

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

Senator LEATHERMAN 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?"


Printed Page 3418 . . . . . Thursday, May 26, 2005

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

Ayes 39; Nays 2

AYES

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

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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., May 25, 2005

Mr. President and Senators:


Printed Page 3419 . . . . . Thursday, May 26, 2005

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.74, H. 3717 by a vote of 90 to 15:

(R74, H3717 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

Veto 4     Section 1; page 2; Item 13; State Museum; Imagine Nation:

Children's Museum of the Upstate; $1,200,000.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R74, H3717 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

Veto 4     Section 1; page 2; Item 13; State Museum; Imagine Nation:

Children's Museum of the Upstate; $1,200,000.

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

Senator LEATHERMAN 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 39; Nays 2

AYES

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory
Grooms                    Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill *                  Moore                     Patterson   

Printed Page 3420 . . . . . Thursday, May 26, 2005

Peeler                    Pinckney                  Reese
Richardson                Ritchie                   Scott
Setzler                   Sheheen                   Smith, J. Verne
Thomas                    Verdin                    Williams

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.74, H. 3717 by a vote of 86 to 14:

(R74, H3717 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

Veto 5     Section 1; page 2; Item 14(A); Department of Parks,

Recreation &   Tourism;   Charlestown Landing;   7,000,000.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R74, H3717 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.


Printed Page 3421 . . . . . Thursday, May 26, 2005

Veto 5     Section 1; page 2; Item 14(A); Department of Parks,

Recreation &   Tourism;   Charlestown Landing;   7,000,000.

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

Senator LEATHERMAN 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 39; Nays 2

AYES

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

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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.


Printed Page 3422 . . . . . Thursday, May 26, 2005

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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.74, H. 3717 by a vote of 86 to 17:

(R74, H3717 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

Veto 6     Section 1; page 2; Item 14(B); Department of Parks,

Recreation &   Tourism;   Reedy River-Bike and Walking

Trail; $500,000.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R74, H3717 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.
Veto 6     Section 1; page 2; Item 14(B); Department of Parks,

Recreation &   Tourism;   Reedy River-Bike and Walking

Trail; $500,000.

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

Senator LEATHERMAN 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:


Printed Page 3423 . . . . . Thursday, May 26, 2005

Ayes 39; Nays 2

AYES

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

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.74, H. 3717 by a vote of 91 to 14:


Printed Page 3424 . . . . . Thursday, May 26, 2005

(R74, H3717 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

Veto 7     Section 1; page 2; Item 15; Department of Archives &

History; Old Exchange   Building; $850,000.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R74, H3717 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

Veto 7     Section 1; page 2; Item 15; Department of Archives &

History; Old Exchange   Building; $850,000.

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

Senator LEATHERMAN 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 39; Nays 2

AYES

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory
Grooms                    Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill *                  Moore                     Patterson
Peeler                    Pinckney                  Reese
Richardson                Ritchie                   Scott
Setzler                   Sheheen                   Smith, J. Verne

Printed Page 3425 . . . . . Thursday, May 26, 2005

Thomas                    Verdin                    Williams

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.74, H. 3717 by a vote of 98 to 9:

(R74, H3717 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

Veto 8     Section 1; page 2; Item 19; Clemson-PSA; Baruch

Institute; $5,000,000.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R74, H3717 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

Veto 8     Section 1; page 2; Item 19; Clemson-PSA; Baruch

Institute; $5,000,000.

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


Printed Page 3426 . . . . . Thursday, May 26, 2005

Senator LEATHERMAN 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 39; Nays 2

AYES

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

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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.


Printed Page 3427 . . . . . Thursday, May 26, 2005

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.74, H. 3717 by a vote of 93 to 12:

(R74, H3717 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

Veto 9     Section 1; page 3; Item 29(A); University of South

Carolina-Columbia; Gambrell Hall Repairs; $500,000.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R74, H3717 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

Veto 9     Section 1; page 3; Item 29(A); University of South

Carolina-Columbia; Gambrell Hall Repairs; $500,000.

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

Senator LEATHERMAN 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 39; Nays 2

AYES

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory
Grooms                    Hayes                     Hutto   

Printed Page 3428 . . . . . Thursday, May 26, 2005

Jackson                   Knotts                    Land
Leatherman                Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill *                  Moore                     Patterson
Peeler                    Pinckney                  Reese
Richardson                Ritchie                   Scott
Setzler                   Sheheen                   Smith, J. Verne
Thomas                    Verdin                    Williams

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.74, H. 3717 by a vote of 93 to 11:

(R74, H3717 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

Veto 10     Section 1; page 3; Item 29(B); University of South

Carolina-Columbia; West-Campus Safety

Improvements; $400,000.
Very respectfully,
Speaker of the House

Received as information.


Printed Page 3429 . . . . . Thursday, May 26, 2005

VETO OVERRIDDEN

(R74, H3717 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

Veto 10     Section 1; page 3; Item 29(B); University of South

Carolina-Columbia; West-Campus Safety

Improvements; $400,000.

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

Senator LEATHERMAN 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 39; Nays 2

AYES

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

Total--39

NAYS

Hawkins                   Ryberg

Total--2


Printed Page 3430 . . . . . Thursday, May 26, 2005

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.74, H. 3717 by a vote of 91 to 13:

(R74, H3717 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

Veto 11     Section 1; page 3; Item 29(C); University of South

Carolina-Columbia; Steamline Replacement-Repair;

$500,000.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R74, H3717 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

Veto 11     Section 1; page 3; Item 29(C); University of South

Carolina-Columbia; Steamline Replacement-Repair;

$500,000.

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

Senator LEATHERMAN 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?"


Printed Page 3431 . . . . . Thursday, May 26, 2005

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

Ayes 39; Nays 2

AYES

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

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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., May 25, 2005

Mr. President and Senators:


Printed Page 3432 . . . . . Thursday, May 26, 2005

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.74, H. 3717 by a vote of 94 to 12:

(R74, H3717 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

Veto 12     Section 1; page 3; Item 30, State Board for Technical

and Comprehensive Education; York-Technical College

- Infrastructure Project; $522,000.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R74, H3717 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

Veto 12     Section 1; page 3; Item 30, State Board for Technical

and Comprehensive Education; York-Technical College

- Infrastructure Project; $522,000.

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

Senator LEATHERMAN 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 39; Nays 2

AYES

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory
Grooms                    Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Lourie                    Malloy   

Printed Page 3433 . . . . . Thursday, May 26, 2005

Martin                    Matthews                  McConnell
McGill *                  Moore                     Patterson
Peeler                    Pinckney                  Reese
Richardson                Ritchie                   Scott
Setzler                   Sheheen                   Smith, J. Verne
Thomas                    Verdin                    Williams

Total--39

NAYS

Hawkins                   Ryberg

Total--2

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.74, H. 3717 by a vote of 80 to 25:

(R74, H3717 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

Veto 13   Section 1; page 3; Item 28(A); Budget & Control Board;

SCEIS; $5,500,000.
Very respectfully,
Speaker of the House

Received as information.


Printed Page 3434 . . . . . Thursday, May 26, 2005

VETO OVERRIDDEN

(R74, H3717 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

Veto 13   Section 1; page 3; Item 28(A); Budget & Control Board;

SCEIS; $5,500,000.

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

Senator LEATHERMAN 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 4

AYES

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

Total--42


Printed Page 3435 . . . . . Thursday, May 26, 2005

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.74, H. 3717 by a vote of 78 to 29:

(R74, H3717 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

Veto 14     Section 1; page 2; Item 5(B); Department of Social

Services; Greenville Urban League; $86,000.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R74, H3717 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

Veto 14     Section 1; page 2; Item 5(B); Department of Social

Services; Greenville Urban League; $86,000.

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

Senator CLEARY spoke on the veto.


Printed Page 3436 . . . . . Thursday, May 26, 2005

Senator LEATHERMAN 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 4

AYES

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

Total--42

NAYS

Bryant                    Campsen                   Hawkins
Ryberg

Total--4

*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.


Printed Page 3437 . . . . . Thursday, May 26, 2005

RECALLED

H. 3778 (Word version) -- Reps. Harrison, Wilkins, Cato, W.D. Smith, Merrill, Jennings, J.E. Smith and Chellis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-38-15 SO AS TO PROVIDE IN AN ACTION TO RECOVER DAMAGES RESULTING FROM PERSONAL INJURY, WRONGFUL DEATH, DAMAGE TO PROPERTY, OR TO RECOVER DAMAGES FOR ECONOMIC LOSS OR NONECONOMIC LOSS, JOINT AND SEVERAL LIABILITY DOES NOT APPLY TO A DEFENDANT WHO IS LESS THAN FIFTY PERCENT AT FAULT; TO PROVIDE FOR APPORTIONMENT OF PERCENTAGES OF FAULT AMONG DEFENDANTS; AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO A DEFENDANT WHOSE CONDUCT IS WILFUL, WANTON, RECKLESS, GROSSLY NEGLIGENT, INTENTIONAL, OR CONDUCT INVOLVING THE USE, SALE, OR POSSESSION OF ALCOHOL OR ILLEGAL OR ILLICIT DRUGS.

Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

The Bill was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 897 (Word version) -- Senator Pinckney: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON LEARNING OF THE DEATH OF JAMES MIDDLETON II OF CHARLESTON AND TO EXTEND HEARTFELT SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
l:\council\bills\swb\6590ahb05.doc

The Senate Resolution was adopted.

S. 898 (Word version) -- Senator Scott: A SENATE RESOLUTION TO RECOGNIZE JAMES T. WAGNER III OF CHARLESTON COUNTY FOR HIS OUTSTANDING CONTRIBUTIONS TO HIS SCHOOL AND COMMUNITY AND TO HONOR HIM FOR HIS


Printed Page 3438 . . . . . Thursday, May 26, 2005

EXTRAORDINARY PERFORMANCE IN THE NAVAL JUNIOR RESERVE OFFICER TRAINING CORPS.
l:\council\bills\ms\7580ahb05.doc

The Senate Resolution was adopted.

S. 899 (Word version) -- Senator Campsen: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE RECENTLY COMPLETED INTERCHANGE LOCATED AT THE INTERSECTION OF UNITED STATES HIGHWAYS 52 AND 78 IN THE CITY OF NORTH CHARLESTON "THE ANTLERS INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THE INTERCHANGE THAT CONTAIN THE WORDS "THE ANTLERS INTERCHANGE".
l:\council\bills\swb\6585cm05.doc

On motion of Senator CAMPSEN, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

H. 4141 (Word version) -- Reps. Rivers, Herbkersman and Chalk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-385 SO AS TO CREATE THE BEAUFORT-JASPER ACADEMY FOR CAREER EXCELLENCE BOARD OF TRUSTEES AND TO PROVIDE FOR THE APPOINTMENT, TERM, ATTENDANCE, AND REMOVAL OF ITS MEMBERS; TO PROVIDE FOR THE OPERATION, GOVERNANCE, AND COMPENSATION OF THE BOARD; TO PROVIDE THAT BEGINNING JULY 1, 2006, THE BEAUFORT COUNTY SCHOOL DISTRICT SHALL MANAGE THE ACADEMY; AND TO PROVIDE THAT BEGINNING OCTOBER 1, 2006, JASPER COUNTY SHALL SUBMIT PAYMENT TO BEAUFORT COUNTY BASED ON A PER STUDENT COST.

Read the first time and referred to the Committee on Education.

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.

Read the first time and ordered placed on the Local and Uncontested Calendar.


Printed Page 3439 . . . . . Thursday, May 26, 2005

H. 4189 (Word version) -- Rep. Jennings: A BILL TO ENACT THE MARLBORO COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION, FOLLOWING REFERENDUM APPROVAL, OF A SALES AND USE TAX IN MARLBORO COUNTY NOT TO EXCEED ONE PERCENT FOR NOT MORE THAN TWENTY-FIVE YEARS FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION.

Read the first time and ordered placed on the Local and Uncontested Calendar.

H. 4196 (Word version) -- Reps. G. M. Smith and Weeks: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF BARTLETTE STREET IN THE CITY OF SUMTER FROM ITS INTERSECTION WITH WASHINGTON STREET TO ITS INTERSECTION WITH HARVIN STREET "W. A. (BUBBA) MCELVEEN STREET" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS STREET THAT CONTAIN THE WORDS "W. A. (BUBBA) MCELVEEN STREET".

On motion of Senator LAND, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

H. 4196--Amended and Adopted

H. 4196 (Word version) -- Reps. G.M. Smith and Weeks: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF BARTLETTE STREET IN THE CITY OF SUMTER FROM ITS INTERSECTION WITH WASHINGTON STREET TO ITS INTERSECTION WITH HARVIN STREET "W. A. (BUBBA) MCELVEEN STREET" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS STREET THAT CONTAIN THE WORDS "W. A. (BUBBA) MCELVEEN STREET".

On motion of Senator LAND, with unanimous consent, the Resolution was taken up for immediate consideration.

Senator LEVENTIS proposed the following amendment (BBM\ 10956MM05), which was adopted:


Printed Page 3440 . . . . . Thursday, May 26, 2005

Amend the concurrent resolution, as and if amended, on lines 28 and 30, by deleting /"W.A. (Bubba) McElveen/ and inserting / "W. A. 'Mayor Bubba' McElveen /.

Renumber sections to conform.

Amend title to conform.

On motion of Senator LAND, with unanimous consent, the amendment was adopted.

On motion of Senator LAND, with unanimous consent, H. 4196, as amended, was adopted, ordered returned to the House with amendments.

H. 4203 (Word version) -- Reps. Hosey, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MS. JANNIE M. HARRIOT, EXECUTIVE DIRECTOR OF THE ALLENDALE COUNTY FIRST STEPS PARTNERSHIP, FOR HER DISTINGUISHED CAREER OF PUBLIC SERVICE UPON THE OCCASION OF HER RETIREMENT, AND TO EXTEND TO HER BEST WISHES FOR A HAPPY AND ENJOYABLE RETIREMENT.

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


Printed Page 3441 . . . . . Thursday, May 26, 2005

H. 4204 (Word version) -- Reps. Scott, Huggins, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND ONE OF SOUTH CAROLINA'S MOST OUTSTANDING EDUCATORS, MR. GERALD WITT, FOR AN EXEMPLARY CAREER AS A TEACHER AND PRINCIPAL UPON THE OCCASION OF HIS RETIREMENT AS PRINCIPAL OF IRMO HIGH SCHOOL AND TO EXTEND TO HIM BEST WISHES IN ALL OF HIS FUTURE ENDEAVORS.

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

H. 4205 (Word version) -- Rep. Anthony: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE ALONG SOUTH CAROLINA HIGHWAY 215 THAT CROSSES THE CSX RAILROAD TRACKS IN UNION COUNTY THE "LOUIE JACOB DEHART MEMORIAL BRIDGE" AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS BRIDGE THAT CONTAIN THE WORDS "LOUIE JACOB DEHART MEMORIAL BRIDGE".

On motion of Senator PEELER, with unanimous consent, the Concurrent Resolution was adopted and returned to the House.

H. 4206 (Word version) -- Reps. Scarborough, Limehouse, Vick, Chellis, Pinson, Rivers, Battle, Chalk, Coleman, Delleney, Harrison and Viers: A CONCURRENT RESOLUTION TO RECOGNIZE AND


Printed Page 3442 . . . . . Thursday, May 26, 2005

CONGRATULATE THE CITADEL FOOTBALL TEAM OF 1960 FOR ITS OUTSTANDING SEASON AND TANGERINE BOWL VICTORY, AND TO HONOR THE EXCEPTIONAL PLAYERS AND COACH EDDIE TEAGUE.

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

H. 4207 (Word version) -- Reps. Walker, D. C. Smith, Lee, Davenport, Littlejohn, Talley, Sinclair, Mahaffey and Anthony: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF DR. TIMOTHY PAUL BURRELL OF SPARTANBURG ON MAY 20, 2005, AND TO CONVEY THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 4208 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. GEORGE GINTOLI FOR HIS SERVICE AS DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH SINCE JANUARY 2001, AND TO WISH HIM CONTINUED SUCCESS AS HE PURSUES NEW CAREER OPPORTUNITIES IN THE STATE OF FLORIDA.


Printed Page 3443 . . . . . Thursday, May 26, 2005

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

H. 4213 (Word version) -- Reps. Coates, Branham, McGee, M. Hines, J. Hines, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE WAYNE A. HOWARD, LIEUTENANT FOR SPECIAL PROJECTS OF THE FLORENCE COUNTY SHERIFF'S DEPARTMENT, FOR HIS EXTRAORDINARY COMMITMENT TO THE BETTERMENT AND PROTECTION OF HIS COMMUNITY AND ITS CITIZENS.

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

H. 4214 (Word version) -- Rep. Jennings: A CONCURRENT RESOLUTION TO RECOGNIZE BOYKIN UNITED METHODIST CHURCH OF MARLBORO COUNTY ON THE OCCASION OF ITS HISTORIC BICENTENNIAL AND TO COMMEND THE CHURCH FOR TWO HUNDRED YEARS OF DEDICATED SERVICE AND CHRISTIAN LEADERSHIP TO MARLBORO COUNTY AND THE STATE OF SOUTH CAROLINA.

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

H. 4216 (Word version) -- Reps. Hosey, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady,


Printed Page 3444 . . . . . Thursday, May 26, 2005

Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE GENERAL ASSEMBLY UPON THE DEATH OF FORMER REPRESENTATIVE JOSEPH BOWERS WILDER OF BARNWELL COUNTY ON WEDNESDAY, MAY 18, 2005, AND TO CONVEY THE DEEPEST SYMPATHY TO HIS FAMILY AND FRIENDS.

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

H. 4222 (Word version) -- Reps. Pinson, Battle, Chalk, Chellis, Coleman, Delleney, Harrison, Limehouse, Rivers, Scarborough, Vick and Viers: A CONCURRENT RESOLUTION TO PROUDLY HONOR BRIGADIER GENERAL J. EMORY MACE, USA (RETIRED), COMMANDANT OF CADETS OF THE CITADEL, UPON THE OCCASION OF HIS RETIREMENT AND TO RECOGNIZE THE CONTRIBUTIONS HE HAS MADE TO THIS FINE MILITARY INSTITUTION.

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

H. 4223 (Word version) -- Reps. Pinson, Battle, Chalk, Chellis, Coleman, Delleney, Harrison, Limehouse, Rivers, Scarborough, Vick and Viers: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MAJOR GENERAL JOHN SOUTHY GRINALDS, USMC (RETIRED), FOR HIS DISTINGUISHED SERVICE AS PRESIDENT OF THE CITADEL AS HE RETIRES FROM THIS POSITION, AND


Printed Page 3445 . . . . . Thursday, May 26, 2005

TO WISH HIM GREAT SUCCESS IN ALL HIS FUTURE ENDEAVORS.

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

REPORTS OF STANDING COMMITTEES

Senator COURSON from the Committee on Education submitted a favorable with amendment report on:

S. 592 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 59-111-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE COLLEGE, UNIVERSITY, OR TECHNICAL COLLEGE TUITION FOR CERTAIN VETERANS' CHILDREN, SO AS TO PROVIDE THAT A CHILD OF CERTAIN ACTIVE DUTY MEMBERS OF THE UNITED STATES ARMED SERVICES ALSO QUALIFY FOR FREE TUITION.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

H. 3198 (Word version) -- Reps. Harrison, Wilkins, Scarborough and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9, CHAPTER 21, TITLE 5 SO AS TO ENACT THE "MUNICIPAL FINANCE OVERSIGHT ACT OF 2005" TO CREATE THE MUNICIPAL FINANCE OVERSIGHT COMMISSION AND AN EXECUTIVE COMMITTEE OF THE COMMISSION, PROVIDE FOR THEIR COMPOSITION, POWERS, DUTIES, AND RESPONSIBILITIES, REQUIRE MUNICIPALITIES TO SUBMIT ANNUAL FINANCIAL REPORTS AND ANNUAL AUDITS, PROVIDE FOR SANCTIONS AGAINST MUNICIPALITIES THAT FAIL TO COMPLY WITH THE COMMISSION'S PLAN FOR REFINANCING, ADJUSTING, OR COMPROMISING A DEBT, PROVIDE PENALTIES FOR AN OFFICER OR EMPLOYEE OF A MUNICIPALITY WHO FAILS TO COMPLY WITH THE PROVISIONS OF ARTICLE 9 OF CHAPTER 21; AND TO AMEND SECTION 6-1-50, RELATING TO THE REQUIREMENT OF A FINANCIAL REPORT SUBMITTED BY COUNTIES AND MUNICIPALITIES TO THE COMPTROLLER GENERAL, SO AS TO REQUIRE THE REPORT BE SUBMITTED INSTEAD TO THE MUNICIPAL FINANCE COMMISSION AND DELETE A REFERENCE TO THE ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS.


Printed Page 3446 . . . . . Thursday, May 26, 2005

Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:

H. 3250 (Word version) -- Reps. White, Weeks, Hamilton, Leach, Walker, Davenport, Mahaffey, Young and Allen: A BILL 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 OPHTHALMIC LENSES WITHOUT A VALID UNEXPIRED PRESCRIPTION FROM A LICENSED DISPENSER, TO PROVIDE MINIMUM REQUIREMENTS FOR THE ISSUANCE OF A PRESCRIPTION, AND TO PROVIDE FOR A CIVIL PENALTY FOR A VIOLATION AND ENFORCEMENT BY THE DEPARTMENT OF CONSUMER AFFAIRS.

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation polled out H. 3503 favorable:

H. 3503 (Word version) -- Reps. Limehouse and Scarborough: A BILL 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.

Poll of the Transportation Committee
Polled 17; Ayes 15; Nays 0; Not Voting 2

AYES

Ryberg                    Land                      McGill
Elliott                   Rankin                    Grooms
Richardson                Hawkins                   Verdin
Drummond                  Malloy                    Knotts
Pinckney                  Campsen                   Cleary

Total--15


Printed Page 3447 . . . . . Thursday, May 26, 2005

NAYS

Total--0

NOT VOTING

Leatherman                Short

Total--2

Ordered for consideration tomorrow.

H. 3503--Ordered to a Second and Third Reading

On motion of Senator MOORE, with unanimous consent, H. 3503 was ordered to receive a second and third reading on the next two consecutive legislative days.

Senator RYBERG from the Committee on Transportation polled out H. 3730 favorable:

H. 3730 (Word version) -- Reps. Lucas, Cotty, Sinclair, Loftis and Duncan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-560 SO AS TO PROVIDE THAT UPON AN OWNER OF A MANUFACTURED HOME MEETING ALL REQUIREMENTS FOR RETIRING THE TITLE CERTIFICATE ON HIS MANUFACTURED HOME AND HAVING THE MANUFACTURED HOME AND THE REAL PROPERTY TO WHICH IT IS AFFIXED CLASSIFIED AS REAL PROPERTY, THE REGISTER OF DEEDS OR CLERK OF COURT IN THE COUNTY WHERE IT IS LOCATED MUST TREAT THIS PROPERTY FOR ALL PURPOSES AS REAL PROPERTY AND MAY NOT IN ANY PARTICULARS STILL TREAT THE MANUFACTURED HOME AS PERSONAL PROPERTY.

Poll of the Transportation Committee
Polled 17; Ayes 15; Nays 0; Not Voting 2

AYES

Ryberg                    Land                      McGill
Elliott                   Rankin                    Grooms
Richardson                Hawkins                   Verdin

Printed Page 3448 . . . . . Thursday, May 26, 2005

Drummond                  Malloy                    Knotts
Pinckney                  Campsen                   Cleary

Total--15

NAYS

Total--0

NOT VOTING

Leatherman                Short

Total--2

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.82, S. 573 by a vote of 104 to 5:

(R82, S573 (Word version)) -- Senators McConnell, Verdin, Rankin, Courson, Elliott and Ford: AN ACT TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS WHO MAY BE REMOVED BY THE GOVERNOR FOR CAUSE, SO AS TO DELETE THE COMMISSION OF THE DEPARTMENT OF REVENUE, TO ADD THE DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY; TO ESTABLISH CONDITIONS UNDER WHICH DIRECTORS MAY BE REMOVED; TO AMEND SECTION 15-78-60, RELATING TO GOVERNMENTAL IMMUNITY, SO AS TO PROVIDE THAT THE PUBLIC SERVICE AUTHORITY IS NOT LIABLE FOR CERTAIN LOSSES RESULTING FROM CONDUCT OF A DIRECTOR OF THE AUTHORITY; TO AMEND SECTION 15-78-70, RELATING TO THE LIABILITY OF A GOVERNMENTAL EMPLOYEE, SO AS TO PROVIDE THAT A DIRECTOR OF THE PUBLIC SERVICE AUTHORITY IS NOT IMMUNE FROM LIABILITY FOR CERTAIN CONDUCT AND TO PROVIDE THAT THE INSURANCE


Printed Page 3449 . . . . . Thursday, May 26, 2005

RESERVE FUND IS PROHIBITED FROM PROVIDING INSURANCE COVERAGE FOR THAT INDIVIDUAL LIABILITY; TO AMEND SECTION 58-3-530, RELATING TO THE DUTIES AND FUNCTIONS OF THE STATE REGULATIONS OF PUBLIC UTILITIES REVIEW COMMITTEE, SO AS TO ADD THE DUTY TO SCREEN CANDIDATES FOR THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE AUTHORITY; TO AMEND SECTION 58-31-20, RELATING TO THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO SET FORTH QUALIFICATIONS AND REQUIREMENTS FOR DIRECTORS AND TO PROVIDE FOR THE SCREENING OF DIRECTORS; TO AMEND SECTION 58-31-30, AS AMENDED, RELATING TO THE POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROHIBIT THE AUTHORITY FROM DISPOSING OF CERTAIN PROPERTY WITHOUT PRIOR APPROVAL OF THE GENERAL ASSEMBLY OR FROM INQUIRING INTO THE FEASIBILITY OF DISPOSING OF ITS PROPERTY; BY ADDING SECTION 58-31-55 SO AS TO PROVIDE STANDARDS OF CONDUCT FOR DIRECTORS OF THE PUBLIC SERVICE AUTHORITY; BY ADDING SECTION 58-31-56 SO AS TO DEFINE CONFLICT OF INTEREST TRANSACTION; BY ADDING SECTION 58-31-57 SO AS TO PERMIT CUSTOMERS OF THE PUBLIC SERVICE AUTHORITY TO SUE DIRECTORS OF THE AUTHORITY FOR BREACH OF DUTY AND TO PROVIDE DAMAGES; TO AMEND SECTION 58-31-110, RELATING TO THE TRANSFER OF NET EARNINGS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE THAT ONLY THE NET EARNINGS NOT NECESSARY FOR THE OPERATION OF AND IN THE BEST INTEREST OF THE PUBLIC SERVICE AUTHORITY SHALL BE PAID TO THE STATE TREASURER AND USED TO REDUCE THE TAX BURDENS ON THE PEOPLE OF THE STATE AND PROVIDE THAT NOTHING IN THIS SECTION PROHIBITS THE AUTHORITY FROM PAYING CERTAIN AMOUNTS TO THE STATE; AND TO AMEND SECTION 58-31-320, RELATING TO THE PROVISION OF ELECTRIC SERVICE BY THE AUTHORITY TO CERTAIN CUSTOMERS, SO AS TO AUTHORIZE THE AUTHORITY TO EXCHANGE OR INTERCHANGE SERVICE WITH, PURCHASE ELECTRIC ENERGY FROM, OR SELL ELECTRIC ENERGY TO ANY JOINT AGENCY ORGANIZED AND OPERATING PURSUANT TO THE PROVISIONS OF CHAPTER 23 OF TITLE 6.

Printed Page 3450 . . . . . Thursday, May 26, 2005

Very respectfully,
Speaker of the House
Received as information.

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

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

S. 184 (Word version) -- Senators Leatherman, Grooms, Mescher, Williams and McGill: A JOINT RESOLUTION TO CREATE THE FRANCIS MARION TRAIL COMMISSION TO ESTABLISH A HERITAGE AND TOURISM TRAIL HONORING FRANCIS MARION'S REVOLUTIONARY CAMPAIGNS AND TO ESTABLISH THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.
Very respectfully,
Speaker of the House

Received as information.

S. 184--SENATE INSISTED ON ITS AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

S. 184 (Word version) -- Senators Leatherman, Grooms, Mescher, Williams and McGill: A JOINT RESOLUTION TO CREATE THE FRANCIS MARION TRAIL COMMISSION TO ESTABLISH A HERITAGE AND TOURISM TRAIL HONORING FRANCIS MARION'S REVOLUTIONARY CAMPAIGNS AND TO ESTABLISH THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.

On motion of Senator McCONNELL, the Senate insisted upon its amendments to S. 184 and asked for a Committee of Conference.

Whereupon, Senators McGILL, LEATHERMAN and GROOMS were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:


Printed Page 3451 . . . . . Thursday, May 26, 2005

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

H. 3006 (Word version) -- Reps. Wilkins, Harrell, W.D. Smith, J. Brown, Cato, Chellis, Harrison, Townsend, Witherspoon, Bailey, G.R. Smith, Vaughn, Davenport, Sandifer, Barfield, Young, Owens, Kirsh, Leach, E.H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Rice, Hinson, Clark, Walker, Bales, Cobb-Hunter, Simrill, Chalk, Duncan, Stewart, Talley, Harvin, J.E. Smith, Altman, Skelton, Mahaffey, Vick, Hagood, Martin, Neilson and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO PROVIDE TAX CREDITS FOR CERTAIN INVESTMENTS, TO ESTABLISH A CAPITAL ACCESS PROGRAM RELATED TO THE MAKING OF LOANS BY FINANCIAL INSTITUTIONS TO SMALL BUSINESSES, TO MODIFY THE RULES RELATED TO MEMBERS OF A CORPORATION MAKING LOANS TO THE CORPORATION, TO PROVIDE A CREDIT TO EMPLOYERS FOR HEALTH CARE EXPENSES ASSOCIATED WITH HIRING NEW EMPLOYEES, TO AMEND THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, TO PROVIDE FOR DETERMINATION OF A NEXUS WITH THIS STATE FOR SALES AND USE TAX PURPOSES IN CONNECTION WITH A DISTRIBUTION FACILITY, AND TO PROVIDE TAX CREDITS FOR EMPLOYERS WHO INCREASES EMPLOYMENT. (ABBREVIATED TITLE)
Very respectfully,
Speaker of the House

Received as information.

H. 3006--SENATE INSISTED ON ITS AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

H. 3006 (Word version) -- Reps. Wilkins, Harrell, W.D. Smith, J. Brown, Cato, Chellis, Harrison, Townsend, Witherspoon, Bailey, G.R. Smith, Vaughn, Davenport, Sandifer, Barfield, Young, Owens, Kirsh, Leach, E.H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Rice, Hinson, Clark, Walker, Bales, Cobb-Hunter, Simrill, Chalk, Duncan, Stewart, Talley, Harvin, J.E. Smith, Altman, Skelton, Mahaffey, Vick, Hagood, Martin, Neilson and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 63 TO TITLE 12 SO AS TO ENACT THE 2005 JOBS CREATION ACT, PROVIDING FOR A CREDIT OF UP TO TWENTY-FIVE PERCENT AGAINST THE STATE INCOME TAX THE AMOUNT


Printed Page 3452 . . . . . Thursday, May 26, 2005

INVESTED BY AN INVESTOR IN THE EQUITY, NEAR-EQUITY, OR SEED CAPITAL OF A QUALIFIED BUSINESS, TO DEFINE "QUALIFIED BUSINESS" AND PROVIDE THAT THE COORDINATING COUNCIL OF THE DEPARTMENT OF COMMERCE HAS SOLE DISCRETION TO MAKE DETERMINATIONS OF "QUALIFIED BUSINESS", TO PROVIDE PROCEDURES FOR CLAIMING THE CREDIT INCLUDING ANNUAL REGISTRATION AND FEE PAYMENTS, TO REQUIRE THAT APPLICATIONS INCLUDE INFORMATION AS TO THE APPLICANT'S STATUS AS A SOCIALLY AND ECONOMICALLY DISADVANTAGED BUSINESS, TO PROVIDE FOR REVOCATION OF THE CREDIT AND RECAPTURE OF THE TAX OTHERWISE DUE, AND TO PROVIDE FOR THE RESERVATION OF TWO MILLION DOLLARS OF THE CREDIT CAP FOR CERTAIN CITED RESEARCH AND DEVELOPMENT PROJECTS; BY ADDING ARTICLE 10 TO CHAPTER 37 OF TITLE 33 SO AS TO ESTABLISH A CAPITAL ACCESS PROGRAM PROVIDING FOR FLEXIBILITY IN THE MAKING OF LOANS BY FINANCIAL INSTITUTIONS TO SMALL BUSINESSES WHO FAIL TO QUALIFY FOR CONVENTIONAL OR OTHER GUARANTEED OR ASSISTED FINANCING, AND TO PROVIDE FOR FUNDING OF A LOAN LOSS RESERVE TO REPAY PARTICIPATING FINANCIAL INSTITUTIONS WHO SUFFER A LOSS ON A LOAN, ADMINISTRATION OF THE PROGRAM BY BUSINESS DEVELOPMENT CORPORATION OF SOUTH CAROLINA, GUIDELINES FOR SELECTING LOAN RECIPIENTS, RECORDKEEPING AND REPORTING, AND DISTRIBUTION OF RESERVE FUNDS UPON TERMINATION OF INSTITUTIONAL PARTICIPATION OR THE CAPITAL ACCESS PROGRAM ITSELF; TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LIMITATIONS ON A LOAN TO A CORPORATION BY A MEMBER, SO AS TO PROVIDE FOR REFERENCE TO THE LOAN CALL AGREEMENT AND TO DISALLOW A LOAN WHICH RESULTS IN OBLIGATIONS THAT EXCEED TEN TIMES THE GREATER OF THE NET WORTH OF THE CORPORATION OR THE AMOUNT PAID IN ON OUTSTANDING CAPITAL STOCK; TO AMEND SECTION 33-37-465, RELATING TO A SHORT-TERM LOAN TO A CORPORATION BY A MEMBER, SO AS TO PROVIDE THAT THE LIMITATIONS AND RESTRICTIONS DO NOT APPLY TO A SHORT-TERM LOAN; BY ADDING SECTION 12-2-110 SO AS TO

Printed Page 3453 . . . . . Thursday, May 26, 2005

PROVIDE FOR A FIVE-YEAR SUNSET PROVISION FOR TAX INCENTIVES ENACTED AFTER THIS ACT AND FOR EXCEPTIONS AND REVIEW; BY ADDING SECTION 12-6-60 SO AS TO PROVIDE FOR DETERMINATION OF A NEXUS WITH THIS STATE FOR PURPOSES OF INCOME TAX AND CORPORATE LICENSE FEE IN CONNECTION WITH A DISTRIBUTION FACILITY AND TO DEFINE "DISTRIBUTION FACILITY"; BY ADDING SECTION 12-6-3362 SO AS TO PROVIDE FOR A TAX CREDIT IN CONNECTION WITH HEALTH INSURANCE PREMIUMS ASSOCIATED WITH THE HIRING OF NEW EMPLOYEES; BY ADDING SECTION 12-36-2690 SO AS TO PROVIDE FOR DETERMINATION OF A NEXUS WITH THIS STATE FOR SALES AND USE TAX PURPOSES IN CONNECTION WITH A DISTRIBUTION FACILITY AND TO DEFINE "DISTRIBUTION FACILITY"; TO AMEND CHAPTER 62 OF TITLE 12, RELATING TO THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, SO AS TO INCLUDE AN EXEMPTION FROM LOCAL, AS WELL AS STATE, SALES AND USE TAXES, TO DEFINE "EMPLOYEE" FOR PURPOSES OF A FIVE PERCENT REBATE ON ALL TAXABLE WAGES PAID IN CONNECTION WITH AN EMPLOYEE'S WORK ON A MOTION PICTURE AND TO PROVIDE PROCEDURES FOR CLAIMING THE REBATE, TO ALLOW UP TO SEVEN PERCENT OF THE GENERAL FUND PORTION OF ADMISSIONS TAX COLLECTED BY THE STATE AND FUNDED TO THE USE OF THE SOUTH CAROLINA FILM COMMISSION TO BE USED EXCLUSIVELY FOR MARKETING AND SPECIAL EVENTS, AND TO PROVIDE, FURTHER, THAT THE COMMISSION REPORT ANNUALLY TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT ON USE OF ALL ITS FUNDS IN A PUBLIC REPORT, ACCESSIBLE ON ITS WEBSITE; TO AMEND SECTION 12-36-920, AS AMENDED, RELATING TO SALES TAX ON GROSS PROCEEDS FROM RENTALS ON LODGINGS, SO AS TO DELETE A REBATE TO A MOTION PICTURE PRODUCTION COMPANY FOR SALES TAX PAID ON ACCOMMODATIONS; TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO DELETE A REFERENCE TO THE STATE DEVELOPMENT BOARD; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE SALES AND USE TAX, SO AS TO DELETE THE EXEMPTION FOR THE PROCEEDS OF SALES

Printed Page 3454 . . . . . Thursday, May 26, 2005

MADE TO A MOTION PICTURE COMPANY; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOBS TAX CREDIT, SO AS TO ALLOW THE CREDIT TO AN EMPLOYER WHO INCREASES EMPLOYMENT BY FIVE, INSTEAD OF TEN, NEW FULL-TIME JOBS; AND TO MAKE THIS ACT APPLICABLE TO TAXABLE YEARS BEGINNING JANUARY 1, 2006.

On motion of Senator LEATHERMAN, the Senate insisted upon its amendments to H. 3006 and asked for a Committee of Conference.

Whereupon, Senators LAND, HAYES and ALEXANDER were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

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

H. 3110 (Word version) -- Reps. M.A. Pitts, Viers, Taylor, Rice, Witherspoon, Sandifer, Toole, Duncan, Huggins, Tripp, Cato, Walker, Davenport, G.R. Smith, Hamilton, Leach, F.N. Smith, Vaughn, Pinson, E.H. Pitts, Barfield, Clemmons, Owens, Young, Hinson, White, Loftis, Jennings, Hayes, Vick, Hosey, Merrill, Ceips, Bailey, Limehouse, Cooper, Hagood, Mahaffey, Bowers, Ott, Delleney, Talley, Scarborough, Hiott, McGee, J.R. Smith, Altman, Anthony, Umphlett, Hardwick, Townsend, Stewart, Thompson, J.E. Smith, Rutherford, Haley, Ballentine, Rhoad, Agnew, Littlejohn, Parks, Rivers and Chellis: A BILL TO AMEND SECTION 23-31-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE THAT VALID OUT-OF-STATE PERMITS TO CARRY CONCEALABLE WEAPONS HELD BY A RESIDENT OF ANOTHER STATE MUST BE HONORED BY THIS STATE AND TO DELETE THE PROVISION THAT THIS STATE WILL ONLY HONOR OUT-OF-STATE PERMITS ISSUED BY A STATE WITH WHICH SOUTH CAROLINA HAS RECIPROCITY.
Very respectfully,
Speaker of the House

Received as information.


Printed Page 3455 . . . . . Thursday, May 26, 2005

H. 3110--SENATE INSISTED ON ITS AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

H. 3110 (Word version) -- Reps. M.A. Pitts, Viers, Taylor, Rice, Witherspoon, Sandifer, Toole, Duncan, Huggins, Tripp, Cato, Walker, Davenport, G.R. Smith, Hamilton, Leach, F.N. Smith, Vaughn, Pinson, E.H. Pitts, Barfield, Clemmons, Owens, Young, Hinson, White, Loftis, Jennings, Hayes, Vick, Hosey, Merrill, Ceips, Bailey, Limehouse, Cooper, Hagood, Mahaffey, Bowers, Ott, Delleney, Talley, Scarborough, Hiott, McGee, J.R. Smith, Altman, Anthony, Umphlett, Hardwick, Townsend, Stewart, Thompson, J.E. Smith, Rutherford, Haley, Ballentine, Rhoad, Agnew, Littlejohn, Parks, Rivers and Chellis: A BILL TO AMEND SECTION 23-31-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE THAT VALID OUT-OF-STATE PERMITS TO CARRY CONCEALABLE WEAPONS HELD BY A RESIDENT OF ANOTHER STATE MUST BE HONORED BY THIS STATE AND TO DELETE THE PROVISION THAT THIS STATE WILL ONLY HONOR OUT-OF-STATE PERMITS ISSUED BY A STATE WITH WHICH SOUTH CAROLINA HAS RECIPROCITY.

On motion of Senator McCONNELL, the Senate insisted upon its amendments to H. 3110 and asked for a Committee of Conference.

Whereupon, Senators RITCHIE, KNOTTS and ALEXANDER were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 26, 2005

Mr. President and Senators:

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

H. 3328 (Word version) -- Reps. Brady, Ceips, Cobb-Hunter, Funderburk, Haley, Haskins, Hinson, Lee, Martin, Miller, Moody-Lawrence, Neilson, Parks, Young and Clark: A BILL TO AMEND SECTION 23-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF THE SEX OFFENDER REGISTRY BY THE STATE LAW ENFORCEMENT DIVISION (SLED), SO AS TO PROVIDE THAT SLED SHALL INCLUDE


Printed Page 3456 . . . . . Thursday, May 26, 2005

AND CROSS-REFERENCE ALIAS NAMES IN THE REGISTRY; TO AMEND SECTION 23-3-430, AS AMENDED, RELATING TO PERSONS WHO MUST BE REFERRED TO AS SEX OFFENDERS, SO AS TO PROVIDE THAT A SEX OFFENDER WHOSE NAME IS CONTAINED ON THE SEX OFFENDER REGISTRY, AND WHO HAS BEEN GRANTED A PARDON, MUST REMAIN ON THE REGISTRY AND MUST REGISTER ANNUALLY; TO AMEND SECTION 23-3-440, AS AMENDED, RELATING TO THE NOTIFICATION A SHERIFF MUST RECEIVE FROM CERTAIN CORRECTIONAL AGENCIES REGARDING THE RELEASE OF A SEX OFFENDER, SO AS TO PROVIDE THAT AN OFFENDER'S PHOTOGRAPH MUST BE PROVIDED TO SLED BEFORE HE IS RELEASED; TO AMEND SECTION 23-3-450, AS AMENDED, RELATING TO REQUIRING A SEX OFFENDER TO REGISTER WITH THE SHERIFF OF THE COUNTY IN WHICH HE RESIDES, SO AS TO PROVIDE THAT THE OFFENDER ALSO MUST REGISTER WITH THE SHERIFF OF THE COUNTY WHERE HE OWNS REAL PROPERTY; AND TO AMEND SECTION 23-3-460, AS AMENDED, RELATING TO REQUIRING A SEX OFFENDER TO REGISTER ANNUALLY FOR LIFE, SO AS TO PROVIDE THAT A REGISTERED SEX OFFENDER WHO ACQUIRES REAL PROPERTY WITHIN THIS STATE MUST PROVIDE NOTICE OF THE ADDRESS TO THE SHERIFF IN THE COUNTY WHERE THE REAL PROPERTY IS LOCATED, AND TO PROVIDE THAT A PERSON WHO IS REQUIRED TO REGISTER AS A SEX OFFENDER WHO MOVES TO THIS STATE, ACQUIRES REAL PROPERTY IN THIS STATE, AND IS NOT UNDER THE JURISDICTION OF CERTAIN CORRECTIONAL AGENCIES, MUST REGISTER WITHIN TEN DAYS OF ACQUIRING PROPERTY WITHIN THIS STATE.
Very respectfully,
Speaker of the House

Received as information.

H. 3328--SENATE INSISTED ON ITS AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

H. 3328 (Word version) -- Reps. Brady, Ceips, Cobb-Hunter, Funderburk, Haley, Haskins, Hinson, Lee, Martin, Miller, Moody-Lawrence, Neilson, Parks, Young and Clark: A BILL TO AMEND SECTION 23-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF THE SEX OFFENDER


Printed Page 3457 . . . . . Thursday, May 26, 2005

REGISTRY BY THE STATE LAW ENFORCEMENT DIVISION (SLED), SO AS TO PROVIDE THAT SLED SHALL INCLUDE AND CROSS-REFERENCE ALIAS NAMES IN THE REGISTRY; TO AMEND SECTION 23-3-430, AS AMENDED, RELATING TO PERSONS WHO MUST BE REFERRED TO AS SEX OFFENDERS, SO AS TO PROVIDE THAT A SEX OFFENDER WHOSE NAME IS CONTAINED ON THE SEX OFFENDER REGISTRY, AND WHO HAS BEEN GRANTED A PARDON, MUST REMAIN ON THE REGISTRY AND MUST REGISTER ANNUALLY; TO AMEND SECTION 23-3-440, AS AMENDED, RELATING TO THE NOTIFICATION A SHERIFF MUST RECEIVE FROM CERTAIN CORRECTIONAL AGENCIES REGARDING THE RELEASE OF A SEX OFFENDER, SO AS TO PROVIDE THAT AN OFFENDER'S PHOTOGRAPH MUST BE PROVIDED TO SLED BEFORE HE IS RELEASED; TO AMEND SECTION 23-3-450, AS AMENDED, RELATING TO REQUIRING A SEX OFFENDER TO REGISTER WITH THE SHERIFF OF THE COUNTY IN WHICH HE RESIDES, SO AS TO PROVIDE THAT THE OFFENDER ALSO MUST REGISTER WITH THE SHERIFF OF THE COUNTY WHERE HE OWNS REAL PROPERTY; AND TO AMEND SECTION 23-3-460, AS AMENDED, RELATING TO REQUIRING A SEX OFFENDER TO REGISTER ANNUALLY FOR LIFE, SO AS TO PROVIDE THAT A REGISTERED SEX OFFENDER WHO ACQUIRES REAL PROPERTY WITHIN THIS STATE MUST PROVIDE NOTICE OF THE ADDRESS TO THE SHERIFF IN THE COUNTY WHERE THE REAL PROPERTY IS LOCATED, AND TO PROVIDE THAT A PERSON WHO IS REQUIRED TO REGISTER AS A SEX OFFENDER WHO MOVES TO THIS STATE, ACQUIRES REAL PROPERTY IN THIS STATE, AND IS NOT UNDER THE JURISDICTION OF CERTAIN CORRECTIONAL AGENCIES, MUST REGISTER WITHIN TEN DAYS OF ACQUIRING PROPERTY WITHIN THIS STATE.

On motion of Senator McCONNELL, the Senate insisted upon its amendments to H. 3328 and asked for a Committee of Conference.

Whereupon, Senators MARTIN, HUTTO and CAMPSEN were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.


Printed Page 3458 . . . . . Thursday, May 26, 2005

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

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

H. 3932 (Word version) -- Reps. Harrell, Wilkins and Chellis: A BILL TO AMEND AND REENACT CERTAIN PROVISIONS OF SECTION 11-41-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE SPECIFIC DEFINITIONS; TO AMEND SECTION 11-41-40, RELATING TO THE ISSUANCE OF THESE ECONOMIC DEVELOPMENT BONDS, SO AS TO FURTHER PROVIDE FOR THE MANNER OF SUCH ISSUANCE; TO AMEND AND REENACT SECTION 11-41-70, RELATING TO BOND NOTIFICATION AND OTHER REQUIREMENTS FOR THE ISSUANCE OF THESE BONDS, SO AS TO MAKE CONFORMING CHANGES TO THE DEFINITION REVISIONS CONTAINED ABOVE AND TO FURTHER PROVIDE THE TERMS AND CONDITIONS FOR THE ISSUANCE OF THESE BONDS; AND TO PROVIDE FINDINGS OF THE GENERAL ASSEMBLY THAT THE FUNDING OF THESE PROJECTS WITH THESE BONDS SERVES A VALID PUBLIC PURPOSE AND BENEFITS THIS STATE WITH SUBSEQUENT ECONOMIC AND EMPLOYMENT BENEFITS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

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

H. 3240 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-40-100 SO AS TO PROVIDE THAT CHAPTER 40 OF TITLE 46 RELATING TO THE GRAIN DEALERS GUARANTY FUND IS REPEALED UPON CERTIFICATION BY THE COMMISSIONER


Printed Page 3459 . . . . . Thursday, May 26, 2005

OF AGRICULTURE THAT ALL LOANS RECEIVED BY THE GUARANTY FUND FROM THE STATE INSURANCE RESERVE FUND HAVE BEEN PAID IN FULL.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

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

H. 3694 (Word version) -- Reps. Miller, Cotty, Anderson, Vaughn, Clark, Neilson, Altman, Battle, G. Brown, Davenport, Edge, Frye, Hagood, Hamilton, Rivers, Sinclair, D.C. Smith and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170 ENACTING THE "GAMBLING CRUISE PROHIBITION ACT" SO AS TO PROHIBIT GAMBLING OR THE REPAIR OF GAMBLING DEVICES ON A VESSEL IN A VOYAGE THAT BEGINS AND ENDS WITHIN THIS STATE, TO PROHIBIT THE OPERATION OF A VESSEL THAT TRANSPORTS PERSONS TO ANOTHER VESSEL FOR THE PURPOSE OF GAMBLING IF BOTH THE TRANSPORTING VESSEL AND THE VESSEL ON WHICH A GAMBLING DEVICE IS USED OR REPAIRED BEGINS AND ENDS ITS VOYAGE IN THIS STATE, AND TO PROVIDE DEFINITIONS AND PENALTIES FOR VIOLATION.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

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

H. 3539 (Word version) -- Reps. Wilkins, Harrison, Harrell, G.M. Smith, Young, Simrill, Cobb-Hunter, Altman, Sinclair, Talley, J.E. Smith, Coleman,


Printed Page 3460 . . . . . Thursday, May 26, 2005

Agnew, Whipper, Emory, Hagood, G.R. Smith, Hamilton, Tripp, Loftis and Vaughn: A BILL TO AMEND SECTION 8-13-770, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON MEMBERS OF THE GENERAL ASSEMBLY SERVING ON BOARDS AND COMMISSIONS, SO AS TO ADD THE COMMISSION ON INDIGENT DEFENSE TO THE LIST OF EXCEPTIONS; TO AMEND ARTICLE 3, CHAPTER 3, TITLE 17, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION, TO REVISE THE DUTIES OF THE COMMISSION, THE OFFICE OF INDIGENT DEFENSE, AND THE EXECUTIVE DIRECTOR OF THE OFFICE OF INDIGENT DEFENSE, TO CREATE THE DIVISION OF APPELLATE DEFENSE WITHIN THE OFFICE OF INDIGENT DEFENSE, TO TRANSFER ALL DUTIES, RIGHTS, AND OBLIGATIONS OF THE FORMER COMMISSION AND OFFICE OF APPELLATE DEFENSE TO THE DIVISION OF APPELLATE DEFENSE, TO PROVIDE SPECIFICALLY FOR THE DUTIES AND OPERATION OF THE DIVISION OF APPELLATE DEFENSE, AND TO REPEAL CHAPTER 4, TITLE 17 RELATING TO THE COMMISSION AND OFFICE OF APPELLATE DEFENSE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

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

H. 3827 (Word version) -- Reps. Loftis, Edge, R. Brown, Frye, Sandifer, W.D. Smith, Vick, Witherspoon, Davenport, Perry, Mahaffey, Miller and Clemmons: A BILL TO AMEND SECTION 48-39-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PERMIT OR DENY ALTERATION OR UTILIZATION WITHIN AREAS DESIGNATED AS CRITICAL AREAS, SO AS TO DELETE CERTAIN PROVISIONS REQUIRED TO BE STATED ON A


Printed Page 3461 . . . . . Thursday, May 26, 2005

SURVEY DELINEATING COASTAL WATERS OR TIDELANDS; TO DELETE A REFERENCE TO CRITICAL AREA LINES AFFECTING SUBDIVIDED RESIDENTIAL LOTS WITH REGARD TO THE THREE YEAR EXPIRATION OF CRITICAL AREA LINES; TO DELETE THE ERODING COASTAL STREAM BANK EXCEPTION TO THE THREE YEAR EXPIRATION OF CRITICAL AREA LINES; AND TO PROVIDE THAT A CRITICAL AREA DELINEATION INCORPORATED OR REFERENCED IN A PERMIT IS VALID FOR THE TERM OF THE PERMIT.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

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

H. 3235 (Word version) -- Reps. Witherspoon, R. Brown, Clark, Bowers and Mahaffey: A BILL TO AMEND SECTION 49-23-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DROUGHT RESPONSE AND CURTAILMENT OF NONESSENTIAL WATER USE DURING SEVERE OR EXTREME DROUGHT, SO AS TO PROVIDE THAT CERTAIN AGRICULTURAL PURPOSES ARE ALSO CONSIDERED AN ESSENTIAL WATER USE AND ARE EXEMPT FROM THIS MANDATORY CURTAILMENT OF NONESSENTIAL WATER USES.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

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


Printed Page 3462 . . . . . Thursday, May 26, 2005

H. 3543 (Word version) -- Reps. G.M. Smith and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING "MARY LYNN'S LAW"; BY ADDING SECTION 16-1-130 SO AS TO PROVIDE THAT A PERSON WITH A CURRENT CHARGE OR A PRIOR CONVICTION FOR A VIOLENT OFFENSE, A HARASSMENT OR STALKING OFFENSE, OR A BURGLARY OFFENSE OR A PERSON SUBJECT TO A RESTRAINING ORDER OR VALID ORDER OF PROTECTION MAY NOT BE CONSIDERED FOR A DIVERSION PROGRAM; TO AMEND SECTIONS 16-3-1525 AND 16-3-1530, RELATING TO VICTIM NOTIFICATION, SO AS TO PROVIDE THAT VICTIM NOTIFICATION MAY NOT BE BY ELECTRONIC OR OTHER AUTOMATED COMMUNICATION OR RECORDING AND TO PROVIDE A PROCEDURE FOR NOTIFICATION; TO AMEND ARTICLE 17, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STALKING AND HARASSMENT, SO AS TO REDEFINE STALKING AND HARASSMENT; TO REVISE THE PENALTIES FOR STALKING AND HARASSMENT; TO REQUIRE THAT WHEN A RESTRAINING ORDER IS ISSUED AS A CONDITION OF BOND FOR HARASSMENT OR STALKING, A COPY OF THE RESTRAINING ORDER MUST BE SENT BY THE COURT TO THE VICTIM; TO PROVIDE THAT A TEMPORARY RESTRAINING ORDER GRANTED WITHOUT NOTICE MUST BE ENTERED OF RECORD WITH THE MAGISTRATES COURT; TO PROVIDE THAT THE DURATION OF A TEMPORARY RESTRAINING ORDER IS EXTENDED FROM SIX MONTHS TO ONE YEAR; TO ALLOW LAW ENFORCEMENT OR ANOTHER PERSON TO SIGN A WARRANT FOR A PERSON ENGAGED IN HARASSMENT OR STALKING IN PLACE OF THE VICTIM; TO ALLOW SERVICE OF A RESTRAINING ORDER TO BE MADE BY MAIL RETURN RECEIPT TO THE DEFENDANT'S LAST KNOWN ADDRESS; TO REQUIRE THAT A MENTAL EVALUATION MUST BE MADE BEFORE BAIL IS SET ON A STALKING OR HARASSMENT CHARGE; AND TO REQUIRE THAT THE EVALUATION BE SCHEDULED WITHIN TEN DAYS OF THE ORDER'S ISSUANCE, THAT THE REPORT BE ISSUED WITHIN FORTY-EIGHT HOURS OF EVALUATION, AND THAT THE SOLICITOR ARRANGE FOR A BOND HEARING UPON RECEIPT OF THE REPORT BEFORE A CIRCUIT COURT JUDGE; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO


Printed Page 3463 . . . . . Thursday, May 26, 2005

PRISONERS WHO ARE ELIGIBLE TO PARTICIPATE IN WORK RELEASE, SO AS TO PROHIBIT THOSE OFFENDERS CONVICTED OF A VIOLENT OFFENSE, A HARASSMENT OR STALKING OFFENSE, OR A BURGLARY OFFENSE; TO AMEND SECTION 56-1-90, AS AMENDED, RELATING TO REQUIRED INFORMATION NECESSARY TO OBTAIN A DRIVER'S LICENSE AND SECTION 56-1-230, RELATING TO NOTIFICATION OF CHANGE OF ADDRESS, BOTH SO AS TO REQUIRE PROOF OF ADDRESS AND TO PROVIDE EXAMPLES OF SUFFICIENT PROOF.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

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

H. 3067 (Word version) -- Reps. J.R. Smith, Clark, Clyburn, Perry, D.C. Smith, Stewart and G.R. Smith: A BILL TO AMEND SECTION 12-14-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INVESTMENT TAX CREDIT AGAINST STATE INCOME TAX ALLOWED FOR ECONOMIC IMPACT ZONE QUALIFIED MANUFACTURING AND PRODUCTIVE EQUIPMENT PROPERTY, SO AS TO EXTEND FOR CERTAIN TAXPAYERS THE TEN-YEAR CARRY-FORWARD PERIOD FOR UNUSED TAX CREDITS AND PROVIDE THE REQUIREMENTS NECESSARY FOR A TAXPAYER TO RECEIVE THE ADDITIONAL CARRY-FORWARD PERIOD.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:


Printed Page 3464 . . . . . Thursday, May 26, 2005

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

H. 3122 (Word version) -- Rep. Govan: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF RUSSELL STREET IN ORANGEBURG FOR JAMES E. SULTON, SR. AND INSTALL APPROPRIATE MARKERS OR SIGNS INDICATING THIS DESIGNATION IN HONOR AND RECOGNITION OF MR. SULTON'S SERVICE AND COMMITMENT TO WORKING WITHIN HIS COMMUNITY.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

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

H. 3244 (Word version) -- Rep. Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-230 SO AS TO PROVIDE THAT AN AGENCY REQUIRED BY LAW TO REPORT TO THE GENERAL ASSEMBLY SHALL PREPARE ITS REPORT AND NOTIFY THE MEMBERS OF THE GENERAL ASSEMBLY BY MAIL OR EMAIL THAT THE REPORT IS AVAILABLE UPON REQUEST.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

  Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

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

H. 3543 (Word version) -- Reps. G.M. Smith and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING "MARY LYNN'S LAW"; BY ADDING SECTION 16-1-130 SO AS TO PROVIDE THAT A PERSON MAY NOT BE


Printed Page 3465 . . . . . Thursday, May 26, 2005

CONSIDERED FOR A DIVERSION PROGRAM IF HE IS CURRENTLY CHARGED WITH CERTAIN OFFENSES, IS SUBJECT TO A RESTRAINING ORDER OR A VALID ORDER OF PROTECTION, IS CURRENTLY ON PAROLE OR PROBATION, OR THE CONSENT OF THE VICTIM HAS NOT BEEN OBTAINED; TO AMEND SECTIONS 16-3-1525 AND 16-3-1530, RELATING TO VICTIM NOTIFICATION, SO AS TO PROVIDE THAT VICTIM NOTIFICATION MAY NOT BE ONLY BY ELECTRONIC OR OTHER AUTOMATED COMMUNICATION OR RECORDING AND TO PROVIDE A PROCEDURE FOR NOTIFICATION; TO AMEND SECTION 16-3-1535, RELATING TO THE SUMMARY COURT'S DUTY TO NOTIFY A VICTIM OF THE VICTIM'S RIGHTS AND THE VICTIM IMPACT STATEMENT, SO AS TO REQUIRE THE SUMMARY COURT JUDGE TO FORWARD A COPY OF EACH VICTIM'S IMPACT STATEMENT TO THE APPROPRIATE CORRECTIONS AGENCIES; TO AMEND ARTICLE 17, CHAPTER 3, TITLE 16, RELATING TO STALKING AND HARASSMENT, SO AS TO REDEFINE STALKING AND HARASSMENT; TO REVISE THE PENALTIES FOR STALKING AND HARASSMENT; TO ALLOW LAW ENFORCEMENT OR ANOTHER PERSON TO SIGN A WARRANT FOR A PERSON ENGAGED IN HARASSMENT OR STALKING IN PLACE OF THE VICTIM; TO PROVIDE PROCEDURES WHEN THE COURT ORDERS A MENTAL HEALTH EVALUATION, TO PROVIDE FOR VICTIM NOTIFICATION IF THE MENTAL HEALTH EVALUATION RESULTS IN THE UNSUPERVISED RELEASE OF THE PERSON CHARGED WITH STALKING OR HARASSMENT, TO PROVIDE THAT A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT REMAINS IN EFFECT FOR A PERIOD OF ONE YEAR AS DETERMINED BY THE COURT, AND TO PROVIDE IF THE PERSON NEEDS A MENTAL HEALTH EVALUATION TO DETERMINE IF HE NEEDS TREATMENT OR COUNSELING AS A CONDITION OF BOND, THE EVALUATION MUST BE SCHEDULED WITHIN TEN DAYS OF THE ORDER; TO AMEND SECTION 17-15-30, RELATING TO CONDITIONS OF RELEASE, SO AS TO REQUIRE THE COURT TO CONSIDER THE ACCUSED'S CRIMINAL RECORD AND ALL INCIDENT REPORTS RELATED TO THE CHARGED OFFENSE; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO PRISONERS WHO ARE ELIGIBLE TO PARTICIPATE IN WORK

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RELEASE, SO AS TO PROHIBIT THOSE OFFENDERS CONVICTED OF A VIOLENT OFFENSE, A HARASSMENT OR STALKING OFFENSE, OR A BURGLARY OFFENSE FROM BEING ELIGIBLE FOR WORK RELEASE; BY ADDING SECTION 16-3-1555 SO AS TO REQUIRE THE PROSECUTING AGENCY TO FORWARD VICTIM IMPACT STATEMENTS WITHIN FIFTEEN DAYS TO THE APPROPRIATE CORRECTIONS AGENCY IN CASES WHEN THE SENTENCE IS MORE THAN NINETY DAYS AND TO PROHIBIT THE RELEASE OF THE VICTIM IMPACT STATEMENTS TO THE DEFENDANT UNTIL HE HAS BEEN FOUND GUILTY; AND TO CREATE A TASK FORCE TO EXAMINE AND DESIGN STATEWIDE STANDARDS FOR MENTAL HEALTH COURTS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

HOUSE CONCURRENCES

S. 878 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES BIG THICKETY CREEK ALONG UNITED STATES HIGHWAY 29 IN CHEROKEE COUNTY THE "CARLISLE GUEST MEMORIAL BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "CARLISLE GUEST MEMORIAL BRIDGE".

Returned with concurrence.

Received as information.

S. 886 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MRS. JACQUELINE G. JENKINS, DIRECTOR OF THE DORCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES FOR A DISTINGUISHED CAREER OF PUBLIC SERVICE ON THE OCCASION OF HER RETIREMENT, AND TO EXTEND TO HER EVERY BEST WISH FOR A HAPPY AND ENJOYABLE RETIREMENT.

Returned with concurrence.

Received as information.


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S. 895 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO CELEBRATE AND REMEMBER THE WONDERFUL LIFE AND WORK OF MS. JUDIE FRANCIS OF COLUMBIA AND TO HONOR HER MEMORY AND CONTRIBUTIONS TO OTHERS.

Returned with concurrence.

Received as information.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolution was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 3892 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO UTILIZATION OF GENERIC TEACHER CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2964, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4086 (Word version) -- Rep. Hayes: A BILL TO ENACT THE DILLON COUNTY SCHOOL FACILITIES FINANCING ACT SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN DILLON COUNTY NOT TO EXCEED TWO PERCENT TO OFFSET PAYMENT OBLIGATIONS RELATED TO GENERAL OBLIGATIONS ISSUED TO FINANCE SCHOOL CONSTRUCTION, ACQUISITION, AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION, ACQUISITION, AND RENOVATION, AND TO PROVIDE FOR OTHER MATTERS RELATING TO IMPLEMENTING THIS ACT.

HOUSE BILLS RETURNED

The following House Bills were read the third time and ordered returned to the House with amendments:

H. 3108 (Word version) -- Reps. M.A. Pitts, Barfield, Taylor, Mahaffey, Duncan, Umphlett and Whipper: A BILL TO AMEND SECTION 40-47-211, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO


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THE MEDICAL DISCIPLINARY COMMISSION OF THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO ADD TWO LAY MEMBERS FROM EACH CONGRESSIONAL DISTRICT TO BE ELECTED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT EACH MEDICAL DISCIPLINARY COMMISSION PANEL FROM A CONGRESSIONAL DISTRICT HEARING AND INVESTIGATING COMPLAINTS AGAINST A PARTICULAR PHYSICIAN OR PHYSICIANS MUST CONTAIN AT LEAST ONE LAY MEMBER OF THE COMMISSION FROM THAT CONGRESSIONAL DISTRICT.

H. 3224 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 62-5-504, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH CARE POWERS OF ATTORNEY AND RELATED DEFINITIONS, SO AS TO PROVIDE THAT ANY DOCUMENT DEALING SUBSTANTIALLY WITH THE SAME ISSUES AND HAVING SUBSTANTIALLY THE SAME REQUIREMENTS AS TO THE QUALIFICATIONS OF THE HEALTH CARE AGENT AND THE REQUIRED WITNESSES, INCLUDING, BUT NOT LIMITED TO, THE "FIVE WISHES" FORMAT, IS DEEMED TO COMPLY WITH THE REQUIREMENTS OF LAW FOR HEALTH CARE POWERS OF ATTORNEY.

H. 3885 (Word version) -- Reps. Hagood, Scarborough, Limehouse, Anderson, Dantzler, Cotty, Brady, Taylor, Perry, R. Brown, Cobb-Hunter, Harrell and Chellis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3375 SO AS TO PROVIDE EITHER AN ADDITIONAL JOBS TAX CREDIT OR AN ADDITIONAL INVESTMENT TAX CREDIT FOR COMPANIES USING STATE PORTS AUTHORITY FACILITIES WHICH INCREASE THEIR BASE PORT CARGO VOLUME AT THESE FACILITIES BY A MINIMUM OF FIVE PERCENT OVER 2005 TOTALS AND TO PROVIDE PROCEDURES NECESSARY TO IMPLEMENT THESE TAX CREDITS.

H. 3383 (Word version) -- Reps. Loftis, Cato, Leach, Frye, Barfield, Hosey, J.R. Smith and Witherspoon: A BILL 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


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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.

H. 3673 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 101 OF TITLE 59, RELATING TO INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THESE INSTITUTIONS OF HIGHER LEARNING MAY SPEND FEDERAL AND OTHER NONSTATE APPROPRIATED SOURCES OF REVENUE TO PROVIDE LUMP-SUM BONUSES, TO PROVIDE THAT THESE INSTITUTIONS MAY OFFER EDUCATIONAL FEE WAIVERS TO NO MORE THAN FOUR PERCENT OF THE TOTAL STUDENT BODY, TO PROVIDE THAT THESE INSTITUTIONS MAY ESTABLISH RESEARCH GRANT POSITIONS FUNDED BY CERTAIN GRANTS, TO PROVIDE THE CONDITIONS FOR THE ESTABLISHMENT OF THESE POSITIONS, TO PROVIDE THAT THESE INSTITUTIONS MAY OFFER AND FUND, FROM ANY SOURCE OF REVENUE, HEALTH INSURANCE TO FULL-TIME GRADUATE ASSISTANTS, TO PROVIDE THAT THE BOARD OF TRUSTEES OF THESE INSTITUTIONS IS VESTED WITH CERTAIN POWERS OF EMINENT DOMAIN, AND TO PROVIDE THAT THESE INSTITUTIONS MAY NEGOTIATE FOR ITS ANNUAL AUDIT AND QUALITY REVIEW PROCESS WITH REPUTABLE CERTIFIED PUBLIC ACCOUNTANT FIRMS SELECTED FROM A LIST PREAPPROVED BY THE STATE AUDITOR'S OFFICE; BY ADDING SECTION 59-101-430 SO AS TO AUTHORIZE THE GOVERNING BODY OF A STATE-SUPPORTED INSTITUTION OF HIGHER LEARNING TO ENTER INTO GROUND LEASE OR LEASE-PURCHASE AGREEMENTS WITH A PRIVATE ENTITY FOR THE CREATION AND OPERATION OF AN ON-CAMPUS FACILITY, THE PURPOSE OF WHICH MUST BE DETERMINED BY THE GOVERNING BODY, AND TO PROVIDE FOR THE APPROVALS NECESSARY TO ENTER INTO THE AGREEMENT AND FOR SPECIFIC TERMS AND CONDITIONS WHICH MUST BE A PART OF THE AGREEMENT; BY ADDING SECTION


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59-101-440 SO AS TO PROVIDE THAT INSTITUTIONS OF HIGHER LEARNING MAY EMPLOY INSIDE OR OUTSIDE COUNSEL TO ADVISE IT OR REPRESENT IT IN ANY MATTER EXCEPT A LITIGATION MATTER WITHOUT THE APPROVAL OF THE ATTORNEY GENERAL; BY ADDING SECTION 59-150-356 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION IN DEVELOPING THE APPLICATION AND REVIEW PROCESS FOR TECHNOLOGY GRANTS FROM THE EDUCATION LOTTERY ACCOUNT FOR FOUR-YEAR PUBLIC INSTITUTIONS SHALL DEVELOP A FORMULA FOR THE ALLOCATION OF THESE GRANTS WHICH IS NOT COMPETITIVELY BASED IN ORDER TO PERMIT MULTI-YEAR INVESTMENT APPROACHES; AND TO REPEAL ARTICLE 3, CHAPTER 101, TITLE 59 OF THE 1976 CODE RELATING TO HIGHER EDUCATION REGULATORY, PROCEDURAL, AND FINANCIAL MATTERS.

Senator COURSON explained the Bill.

H. 3883 (Word version) -- Reps. Duncan, Cato, Scarborough, Tripp, Mahaffey and Thompson: A BILL TO AMEND SECTION 40-29-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANUFACTURED HOUSING LICENSE, SO AS TO EXEMPT FROM THIS LICENSING REQUIREMENT A LICENSED REAL ESTATE SALESMAN OR LICENSED REAL ESTATE BROKER WHO NEGOTIATES OR ATTEMPTS TO NEGOTIATE THE SALE OR OTHER DISPOSITION OF A USED MANUFACTURED OR MOBILE HOME IN CONJUNCTION WITH THE SALE OR OTHER DISPOSITION OF THE UNDERLYING REAL ESTATE.

H. 3840 (Word version) -- Reps. Sandifer and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-295 SO AS TO PROVIDE THAT NO COMMUNICATIONS SERVICE PROVIDER OR PARENT, SUBSIDIARY, OR AFFILIATE OF SUCH A PROVIDER MAY ENTER INTO ANY CONTRACT OR AGREEMENT THAT REQUIRES ANOTHER PERSON TO RESTRICT OR LIMIT THE ABILITY OF ANY OTHER COMMUNICATIONS SERVICE PROVIDER FROM OBTAINING EASEMENTS OR RIGHTS-OF-WAY FOR THE INSTALLATION OF FACILITIES OR EQUIPMENT TO PROVIDE COMMUNICATIONS SERVICES IN


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THIS STATE OR OTHERWISE DENY OR RESTRICT ACCESS TO THE REAL PROPERTY BY ANY OTHER COMMUNICATIONS SERVICE PROVIDER; OR OFFERS OR GRANTS INCENTIVES OR REWARDS TO AN OWNER OF REAL PROPERTY OR THE OWNER'S AGENT THAT ARE CONTINGENT UPON THE PROVISION OF COMMUNICATIONS SERVICE ON THE PREMISES BY A SINGLE COMMUNICATIONS SERVICE PROVIDER, TO PROVIDE EXCEPTIONS, TO DEFINE THE TERM "COMMUNICATIONS SERVICE PROVIDER" FOR THIS PURPOSE, AND TO PROVIDE CIVIL PENALTIES FOR VIOLATION.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 3768 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-1085 SO AS TO PROVIDE FOR SALES AND USE TAXES ON BEER AND WINE; BY ADDING SECTION 12-28-1400 SO AS TO REQUIRE THE REPORTING THE DEPARTMENT OF REVENUE REQUIRES BY REGULATION FOR PURPOSES OF THE USER FEE ON MOTOR FUELS AND PROVIDE AN ADDITIONAL CIVIL PENALTY FOR VIOLATORS; BY ADDING SECTION 12-54-123 SO AS TO PROTECT FROM LIABILITY A PERSON WHO SURRENDERS THE PROPERTY OF ANOTHER LEVIED ON BY THE DEPARTMENT OF REVENUE; BY ADDING CHAPTER 55 TO TITLE 12, ENACTING THE OVERDUE DEBT COLLECTION ACT AUTHORIZING THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO IMPOSE A COLLECTION ASSISTANCE FEE ON CERTAIN OVERDUE TAX DEBTS EQUAL TO TWENTY PERCENT OF THE OVERDUE AMOUNT AND TO ALLOW THE DEPARTMENT TO RETAIN A PORTION OF THE COLLECTION ASSISTANCE FEE FOR ITS OPERATION; BY ADDING SECTION 61-4-725 SO AS TO ALLOW A LICENSED WINERY TO SELL, DELIVER, AND PERMIT ON-PREMISES CONSUMPTION ON SUNDAYS IN JURISDICTIONS WHERE MINIBOTTLE SALES ARE ALLOWED ON SUNDAYS; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE IN LIEU OF PROPERTY TAX, SO AS TO DELETE THE NET PERCENT VALUE METHOD OF CALCULATING ANNUAL FEE PAYMENTS; TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO THE LIMITS ON ANNUAL INCREASES IN


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LOCAL GOVERNMENT AND SCHOOL DISTRICT PROPERTY TAX MILLAGE, SO AS TO CLARIFY THE METHOD OF CALCULATING THE ALLOWED CONSUMER PRICE INDEX INCREASE IN THE MILLAGE RATE; TO AMEND SECTIONS 12-6-40 AND 12-6-50, BOTH AS AMENDED, RELATING TO DEFINITIONS AND CONFORMITY PROVISIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE REFERENCE DATE BY WHICH THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 AND CLARIFY THOSE PROVISIONS NOT ADOPTED; TO AMEND SECTIONS 12-6-1110 AND 12-6-1130, RELATING TO CALCULATIONS OF INCOME, SO AS TO PROVIDE FOR CALCULATIONS WITHOUT SOME OF THE DEDUCTIONS ALLOWED BY THE INTERNAL REVENUE CODE; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA INDIVIDUAL TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO DELETE AN OBSOLETE DEDUCTION RELATING TO MEDICAL INSURANCE PREMIUMS; TO AMEND SECTION 12-6-2220, RELATING TO ALLOCATION AND APPORTIONMENT FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO PROVIDE FOR THE ALLOCATION OF DIVIDENDS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO REVISE THE DEFINITION OF "NEW JOB"; TO AMEND SECTION 12-6-3365, AS AMENDED, RELATING TO THE CORPORATE INCOME TAX MORATORIUM FOR JOB CREATION, SO AS TO CLARIFY THE APPLICATION OF THE MORATORIUM TO INSURANCE PREMIUM TAXES; TO AMEND SECTION 12-6-3480, RELATING TO TAX CREDITS, SO AS TO FURTHER PROVIDE THE MANNER IN WHICH CREDITS ARE ALLOWED AND MAY BE CLAIMED; TO AMEND SECTION 12-6-4910, AS AMENDED, RELATING TO THOSE REQUIRED TO FILE INCOME TAX RETURNS, SO AS TO PROVIDE FOR THOSE NONRESIDENTS REQUIRED TO FILE IN THIS STATE; TO AMEND SECTIONS 12-6-5020, AS AMENDED, AND 12-6-5030, RELATING TO THE FILING OF CONSOLIDATED CORPORATE INCOME TAX RETURNS AND COMPOSITE INDIVIDUAL INCOME TAX RETURNS, SO AS TO REQUIRE THE DETERMINATION OF CREDITS ON A CONSOLIDATED BASIS AND FURTHER PROVIDE FOR COMPOSITE RETURNS; TO

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AMEND SECTION 12-8-520 RELATING TO STATE INCOME TAX WITHHOLDING, SO AS TO PROVIDE FOR THE WITHHOLDING OF PARTNERSHIP AND SUBCHAPTER "S" CORPORATION INCOME OF NONRESIDENTS; TO AMEND SECTION 12-8-1520, RELATING TO STATE INCOME TAX WITHHOLDING, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR WITHHOLDING AGENTS; TO AMEND SECTION 12-10-105, RELATING TO ANNUAL FEES FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, SO AS TO EXTEND THESE FEES TO JOB RETRAINING CREDITS IN EXCESS OF TEN THOUSAND DOLLARS AND PROVIDE FOR THE COLLECTION OF THESE FEES; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO TAX CREDITS FOR PURPOSES OF THE CORPORATE LICENSE TAX, SO AS TO CLARIFY THE APPLICATION OF THESE CREDITS; TO AMEND SECTION 12-28-740, RELATING TO EXEMPTIONS FROM THE MOTOR FUELS USER FEE, SO AS TO DELETE A REFERENCE TO A CREDIT; TO AMEND SECTIONS 12-21-1090 AND 12-21-6550, RELATING TO LICENSE TAXES, SO AS TO PROVIDE FOR THE PERMISSIVE PROMULGATION OF REGULATIONS AND FURTHER PROVIDE FOR THE APPLICATIONS REQUIRED PURSUANT TO THE TOURISM INFRASTRUCTURE ADMISSIONS TAX ACT; TO AMEND SECTION 12-28-1730, AS AMENDED, RELATING TO PENALTIES FOR PURPOSES OF THE MOTOR FUELS TAX, SO AS TO DELETE A CIVIL PENALTY; TO AMEND SECTION 12-36-530, RELATING TO THE REQUIREMENT FOR THE RETURN OF A RETAIL LICENSE WHEN A BUSINESS CLOSES OR IS SOLD, SO AS TO ELIMINATE THE REQUIREMENT THAT THE TAX IS DUE AT THE TIME OF SALE AND CONSTITUTES A LIEN ON THE PROPERTY IN THE HANDS OF THE PURCHASER; TO AMEND SECTION 12-36-1310, AS AMENDED, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO FURTHER PROVIDE FOR THE APPLICATION OF SALES TAX TO TELECOMMUNICATIONS SERVICES; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXEMPT PRESCRIPTIONS AND OVER-THE-COUNTER MEDICINES AND MEDICAL SUPPLIES SOLD TO A FREE CLINIC; TO AMEND SECTION 12-36-2510, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO PROVIDE FURTHER FOR

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THE ISSUE OF CERTIFICATES BY THE DEPARTMENT OF REVENUE FOR DIRECT PAY AND EXEMPTIONS AND PROVIDE FOR MORE EFFICIENT ADMINISTRATION OF SALES TAXES AND SALES TAX EXEMPTIONS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO DELETE OBSOLETE REFERENCES IN EXISTING EXEMPTIONS; TO AMEND SECTION 12-37-230, RELATING TO SERVICE CONTRACTS WITH NONPROFIT HOUSING CORPORATIONS, SO AS TO ALLOW A COUNTY OR MUNICIPALITY TO CHARGE REASONABLE FEES FOR SERVICES NOT TO EXCEED TAXES THAT WOULD OTHERWISE BE DUE ON THE PROPERTY; TO AMEND SECTION 12-44-50, AS AMENDED, RELATING TO THE "FEE IN LIEU OF TAX SIMPLIFICATION ACT OF 1997", SO AS TO REVISE THE ELIGIBILITY TO USE THE NET PERCENT VALUE METHOD OF CALCULATING THE ANNUAL FEE PAYMENT; TO AMEND SECTIONS 12-54-42 AND 12-54-43, AS AMENDED, RELATING TO THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF STATE LEVIED TAXES, SO AS TO CLARIFY THE APPLICATION OF PENALTIES FOR FAILING TO PROVIDE WITHHOLDING STATEMENTS, AND CLARIFY AND REVISE THE APPLICATION OF CIVIL PENALTIES FOR FILING GROUNDLESS RETURNS OR FOR MISUSE OF A SALES TAX CERTIFICATE; TO AMEND SECTION 12-54-90, RELATING TO THE COLLECTION AND ENFORCEMENT OF STATE TAXES, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO REFUSE TO ISSUE A LICENSE TO A TAXPAYER IN VIOLATION; TO AMEND SECTIONS 12-54-210 AND 12-54-240, AS AMENDED, RELATING TO THE COLLECTION AND ENFORCEMENT OF STATE TAXES, SO AS TO INCREASE THE PENALTY FOR FAILURE TO KEEP RECORDS, FILE RETURNS, AND COMPLY WITH REGULATIONS, UPDATE REFERENCES RELATING TO THE CONFIDENTIALITY OF RETURNS, AND DELETE AN EXEMPTION TO THE CONFIDENTIALITY REQUIREMENTS FOR RECORDS SUBPOENAED BY A FEDERAL GRAND JURY; TO AMEND SECTION 12-58-185, AS AMENDED, RELATING TO THE TAXPAYERS' BILL OF RIGHTS, SO AS TO CLARIFY AND EXTEND THE APPLICATION OF HARDSHIP EXTENSIONS TO PAY; TO AMEND SECTIONS 12-60-420 AND 12-60-490, BOTH AS AMENDED, RELATING TO THE REVENUES PROCEDURE ACT, SO AS TO PROVIDE THAT THE APPLICATION OF A

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DIVISION DECISION OR A DETERMINATION OF DEFICIENCY APPLIES TO LOCAL TAXES ADMINISTERED BY THE DEPARTMENT OF REVENUE AND REQUIRE THE NOTICE TO PROVIDE THAT FAILURE TO FILE A PROTEST RESULTS IN A DECISION BECOMING FINAL AND TO PROVIDE, FURTHER, FOR SETOFFS AGAINST TAX REFUNDS; TO AMEND SECTION 61-4-747, RELATING TO REGULATION OF WINE, SO AS TO REQUIRE OUT-OF-STATE WINE SHIPPERS TO PAY SALES AND EXCISE TAXES ON WINE SHIPPED TO RESIDENTS OF THIS STATE BY JANUARY TWENTIETH OF EACH YEAR FOR THE PRECEDING YEAR; BY ADDING SECTION 33-14-420 SO AS TO FURTHER PROVIDE FOR CLAIMANTS AGAINST FUNDS OF A DISSOLVED CORPORATION; TO REPEAL SECTION 12-37-240, RELATING TO PAYMENTS IN LIEU OF TAXES BY EXEMPT NONPROFIT HOUSING CORPORATIONS AND SECTION 12-37-290, RELATING TO AN OBSOLETE HOMESTEAD EXEMPTION PROVISION.
Senator HAYES asked unanimous consent to take up an additional amendment on third reading.

There was no objection.

Senator RICHARDSON proposed the following amendment (3768R007.SHR), which was adopted:

Amend the bill, as and if amended, page 32 by striking lines 12 through 36.

Renumber sections to conform.

Amend title to conform.

Senator RICHARDSON explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

H. 3906 (Word version) -- Reps. Harrell, Bales and Neilson: A BILL TO AMEND SECTION 59-104-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS


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SCHOLARSHIP PROGRAM, SO AS TO PROVIDE ALTERNATE QUALIFICATIONS FOR THE SCHOLARSHIP.

The House returned the Bill with amendments.

Senator SETZLER asked unanimous consent to take up an additional amendment on third reading.

There was no objection.

Senator SETZLER proposed the following amendment (3906-PF), which was adopted:

Amend the bill, as and if amended, page 6, lines 23 through 25 by deleting and inserting the following:

/     SECTION   7.   This act takes effect upon approval by the Governor and applies to students who graduate from high school after January 1, 2004.     /

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.

HOUSE BILL RETURNED

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 3984 (Word version) -- Reps. Leach, Haskins, G.M. Smith, Harrison, Wilkins, Altman, Merrill, Frye, Cotty, Chellis, Huggins, Whitmire, Brady, Clark, Duncan, Ballentine, Limehouse, Pinson, Haley, Toole, Bailey, Ceips, Hagood, Harrell, Herbkersman, J. Hines, Hinson, Kirsh, Littlejohn, Mahaffey, McGee, Perry, E.H. Pitts, Sandifer, Scarborough, Simrill, Sinclair, D.C. Smith, G.R. Smith, J.R. Smith, Talley, Taylor, Thompson, Vaughn, Viers, Walker, Umphlett, Hamilton and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-100 SO AS TO REQUIRE MAGISTRATES, MUNICIPAL COURT JUDGES, FAMILY COURT JUDGES, AND CIRCUIT COURT JUDGES TO


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RECEIVE CONTINUING LEGAL EDUCATION ON ISSUES CONCERNING DOMESTIC VIOLENCE; BY ADDING SECTION 20-4-65 SO AS TO PROVIDE THAT A PERSON SEEKING AN ORDER OF PROTECTION FROM DOMESTIC ABUSE IS NOT REQUIRED TO PAY A FILING FEE; BY ADDING SECTION 23-1-240 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER CONVICTED OF A CRIMINAL DOMESTIC VIOLENCE OFFENSE MUST BE TERMINATED FROM HIS EMPLOYMENT; TO AMEND SECTION 16-25-20, AS AMENDED, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES, SO AS TO INCREASE THE PENALTIES AND FINES FOR A PERSON WHO COMMITS CRIMINAL DOMESTIC VIOLENCE WHO HAS A PRIOR CONVICTION FOR CRIMINAL DOMESTIC VIOLENCE OR CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND FOR A PERSON WHO COMMITS CRIMINAL DOMESTIC VIOLENCE WHO HAS TWO PRIOR CONVICTIONS FOR CRIMINAL DOMESTIC VIOLENCE OR CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE WITHIN THE PREVIOUS TEN YEARS; TO AMEND SECTION 16-25-65, AS AMENDED, RELATING TO CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE, SO AS TO ADD THAT A PERSON IS GUILTY OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE IF THE PERSON INTENTIONALLY COMMITS AN ASSAULT AND BATTERY IN THE PHYSICAL PRESENCE OF A MINOR CHILD AND TO ADD A MANDATORY MINIMUM SENTENCE OF ONE YEAR TO THE PENALTIES PROVIDED FOR A VIOLATION OF THIS SECTION; TO AMEND SECTION 17-22-90, RELATING TO AGREEMENTS REQUIRED OF OFFENDERS PARTICIPATING IN THE PRETRIAL INTERVENTION PROGRAM, SO AS TO REQUIRE A PERSON TO AGREE IN WRITING TO SUCCESSFULLY COMPLETE A BATTERER'S TREATMENT PROGRAM IF THE OFFENSE IS FIRST OFFENSE CRIMINAL DOMESTIC VIOLENCE; TO AMEND SECTION 20-4-40, AS AMENDED, RELATING TO A PETITION FOR AN ORDER OF PROTECTION, SO AS TO PROVIDE IF A PETITION FOR RELIEF IS FILED AND A DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE ACTION IS PENDING OR SUBSEQUENTLY FILED, THE COURT SHALL PROCEED WITH THE PETITION FOR RELIEF INDEPENDENT FROM THE ACTION FOR DIVORCE OR

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SEPARATE SUPPORT AND MAINTENANCE; TO AMEND SECTION 22-5-530, AS AMENDED, RELATING TO DEPOSITS IN LIEU OF RECOGNIZANCE, SO AS TO PROVIDE FOR AN INDIVIDUALIZED HEARING AND NOTICE TO THE VICTIM WHEN A PERSON IS CHARGED WITH A CRIMINAL DOMESTIC VIOLENCE OFFENSE; TO AMEND SECTION 22-5-910, AS AMENDED, RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO PROVIDE THAT A FIRST OFFENSE CRIMINAL DOMESTIC VIOLENCE OFFENSE MAY BE EXPUNGED AFTER FIVE YEARS RATHER THAN THREE YEARS FROM THE DATE OF CONVICTION; AND TO AMEND SECTION 56-7-15, AS AMENDED, RELATING TO THE USE OF THE UNIFORM TRAFFIC TICKET, SO AS TO PROVIDE THAT AN OFFICER SHALL IMMEDIATELY COMPLETE AND FILE AN INCIDENT REPORT AFTER ARRESTING A PERSON FOR A CRIMINAL DOMESTIC VIOLENCE OFFENSE.

Having voted on the prevailing side, Senator MARTIN moved to reconsider the vote whereby the Bill was to have been given a third reading.

There was no objection.

The question then was the third reading of the Bill.

A further Clerk's perfecting amendment was adopted as follows:

Clerk's Perfecting Amendment (3984R002.GFM), which was adopted:

Amend the bill, as and if amended, page 7, by striking Section 16-25-120(C) in its entirety and inserting:

/   (C)   When considering release of a person on bond under this section, the court must consider whether to issue a restraining order or order of protection provided for in Chapter 4 of Title 20 against the person. The court must consider the factors enumerated in subsection (B) of this section, and if it determines in its discretion that a restraining order or order of protection is required, it should issue the order or forward the matter to the appropriate court.       /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.


Printed Page 3479 . . . . . Thursday, May 26, 2005

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

THIRD READING BILLS

The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:

S. 868 (Word version) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO RECOGNITION OF THE 2001 CSO MORTALITY TABLE FOR USE IN DETERMINING MINIMUM RESERVE LIABILITIES AND NONFORFEITURE BENEFITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2978, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 882 (Word version) -- Senator Cromer: A BILL TO PROVIDE THAT A COUNTY WHICH CONDUCTED A COUNTYWIDE PROPERTY TAX EQUALIZATION AND REASSESSMENT PROGRAM AFTER 2000 WHICH HAS NOT YET BEEN IMPLEMENTED MAY POSTPONE IMPLEMENTATION FOR ONE ADDITIONAL YEAR.

S. 839 (Word version) -- Senators McConnell, Ford, Campsen and Grooms: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF CHARLESTON COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC REFERENCES.

SECOND READING BILLS

The following Bills and Joint Resolutions, having been read the second time, were ordered placed on the Third Reading Calendar:

H. 3479 (Word version) -- Rep. Davenport: A BILL TO AMEND CHAPTER 87, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976,


Printed Page 3480 . . . . . Thursday, May 26, 2005

RELATING TO THE CRITERIA FOR ISSUANCE OF ASBESTOS ABATEMENT LICENSES, SO AS TO REVISE THE DEFINITION OF "ASBESTOS ABATEMENT ENTITY" AND "ASBESTOS PROJECT"; TO DELETE PROVISIONS ESTABLISHING LICENSURE FEES AND TO AUTHORIZE THE DEPARTMENT TO ESTABLISH SUCH FEES IN REGULATION SUFFICIENT TO COVER REASONABLE COSTS OF ADMINISTERING THE ASBESTOS PROGRAM AND TO DEFINE "COSTS"; AND TO INCREASE THE MAXIMUM CIVIL PENALTY FOR VIOLATIONS FROM ONE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS.

H. 3614 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTION 20-7-1315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR WITHHOLDING WAGES TO SECURE PAYMENT OF SUPPORT OBLIGATIONS, INCLUDING COLLECTION AND DISBURSEMENT OF THE WITHHELD WAGES, SO AS TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND SECTION 20-7-1440, AS AMENDED, RELATING TO FAMILY COURT FEES, COSTS, AND ALLOWANCES, INCLUDING THE FIVE PERCENT ADDITIONAL FEE ADDED TO CHILD SUPPORT PAYMENTS FOR COURT COSTS, SO AS TO PROVIDE THAT THE PAYOR OF THIS ADDITIONAL FIVE PERCENT AGREES, BY PAYING THROUGH THE COURT OR A CENTRALIZED SYSTEM, THAT THIS PAYMENT IS FOR SATISFACTION OF COURT COSTS, AGREES THAT IT IS NOT CHILD SUPPORT, AS DEFINED IN FEDERAL LAW, AND AGREES TO THE DISTRIBUTION OF THIS PAYMENT TO THE STATE FOR COURT COSTS.

H. 3646 (Word version) -- Reps. Parks, J.H. Neal, Allen, Davenport, Frye, Jefferson, Lee, Limehouse, Mack, Pinson, M.A. Pitts and F.N. Smith: A BILL TO AMEND SECTION 40-33-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE LICENSURE AND REGULATION OF NURSES, SO AS TO REVISE THE DEFINITIONS OF "ATTENDANT CARE SERVICES" AND "HEALTH MAINTENANCE ACTIVITIES"; AND TO AMEND SECTION 40-33-30, AS AMENDED, RELATING TO CIRCUMSTANCES TO WHICH THE CHAPTER DOES NOT APPLY, SO AS TO PROVIDE THAT THE CHAPTER MAY NOT


Printed Page 3481 . . . . . Thursday, May 26, 2005

BE CONSTRUED TO PROHIBIT AN UNLICENSED PERSON FROM PROVIDING ATTENDANT CARE SERVICES, WHICH ENABLE A PERSON TO REMAIN AT HOME AND WHICH ENABLE A PERSON TO CARRY OUT FUNCTIONS OF DAILY LIVING.

H. 3650 (Word version) -- Reps. W.D. Smith, Hagood and McLeod: A BILL TO AMEND SECTION 44-56-750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BROWNFIELDS VOLUNTARY CLEANUP PROGRAM AND CONTRACT REQUIREMENTS ENTERED INTO BY OR ON BEHALF OF A NONRESPONSIBLE PARTY, SO AS TO PROVIDE THAT A NONRESPONSIBLE PARTY IS NOT LIABLE FOR THIRD PARTY CLAIMS AND TO FURTHER SPECIFY TO WHOM THIS LIMITATION OF LIABILITY APPLIES.

H. 3940 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SOUTH CAROLINA HOSPITALS; DATA REPORTING REQUIREMENTS PERTAINING TO SUBMISSION OF AMBULATORY ENCOUNTER DATA: DATA RELEASE FOR MEDICAL ENCOUNTER DATA AND FINANCIAL REPORTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2959, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 889 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-BOARD OF NURSING, RELATING TO REPEAL OF DUPLICATIVE REGULATIONS INCLUDED IN THE NURSE PRACTICE ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2973, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 890 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING TATTOO FACILITIES,


Printed Page 3482 . . . . . Thursday, May 26, 2005

DESIGNATED AS REGULATION DOCUMENT NUMBER 2945, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 891 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-BOARD OF DENTISTRY, RELATING TO GUIDELINES FOR SEDATION AND GENERAL ANESTHESIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2961, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 893 (Word version) -- Senator McGill: A BILL TO AMEND ACT 1095 OF 1962, RELATING TO, AMONG OTHER THINGS, THE LOWER FLORENCE COUNTY HOSPITAL BOARD OF DIRECTORS AND THE POWERS AND DUTIES OF THE BOARD, SO AS TO ADD THE POWER TO PLEDGE THE PROCEEDS FROM FUTURE REVENUES RECEIVED AS COLLATERAL FOR THE PURPOSES OF SECURING FINANCING NECESSARY TO MAINTAIN THE OPERATIONS OF THE HOSPITAL.

By prior motion of Senator McGILL

S. 870 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 7-7-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN EDGEFIELD COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF EDGEFIELD COUNTY, TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, TO PROVIDE THAT THE POLLING PLACES FOR EDGEFIELD COUNTY MUST BE DETERMINED BY THE REGISTRATION AND ELECTIONS COMMISSION FOR EDGEFIELD COUNTY WITH THE APPROVAL OF A MAJORITY OF THE EDGEFIELD COUNTY LEGISLATIVE DELEGATION, AND TO CORRECT ARCHAIC LANGUAGE.

S. 870--Ordered to a Third Reading

On motion of Senator MOORE, with unanimous consent, S. 870 was ordered to receive a third reading on Friday, May 27, 2005.


Printed Page 3483 . . . . . Thursday, May 26, 2005

H. 3305 (Word version) -- Reps. J.E. Smith, Bales, Scott, Rutherford, Cotty, Ballentine, Bingham, Brady, J. Brown, Haley, Harrison, Hayes, J. Hines, Howard, Jennings, J.H. Neal, Neilson, Toole, Viers, Harrell, Ceips, Duncan, Walker, Mahaffey, Chellis and Whipper: A BILL TO AMEND SECTION 12-45-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTALLMENT PAYMENTS OF REAL PROPERTY TAXES, SO AS TO AUTHORIZE MONTHLY INSTALLMENTS.

H. 4096 (Word version) -- Reps. Clemmons, Barfield, Edge, Hardwick, Hayes, Viers and Witherspoon: A BILL TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF HORRY COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC REFERENCES.

H. 4096--Ordered to a Third Reading

On motion of Senator RITCHIE, with unanimous consent, H. 4096 was ordered to receive a third reading on Friday, May 27, 2005.

SECOND READING RECONSIDERED
AMENDED, READ THE SECOND TIME

S. 896 (Word version) -- Senators Matthews and Hutto: A BILL TO AMEND ACT 526 OF 1996, AS AMENDED, RELATING TO THE ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICTS, THE ELECTIONS OF BOARDS OF TRUSTEES OF THESE DISTRICTS AND THEIR POWERS AND DUTIES, THE ELECTION OF THE ORANGEBURG COUNTY BOARD OF EDUCATION AND ITS POWERS AND DUTIES, THE AUTHORITY AND PROCEDURES FOR LEVYING, COLLECTING, AND DISBURSING MILLAGE, SO AS TO ABOLISH THE ORANGEBURG COUNTY BOARD OF EDUCATION, TO CREATE THE ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICT FISCAL COMMISSION, AND TO REVISE CERTAIN POWERS AND DUTIES AND


Printed Page 3484 . . . . . Thursday, May 26, 2005

CERTAIN PROCEDURES FOR LEVYING, COLLECTING, AND DISBURSING MILLAGE.

Having voted on the prevailing side, Senator MATTHEWS asked unanimous consent to make a motion to reconsider the vote whereby the Bill was given second reading.

There was no objection.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Senators MATTHEWS and HUTTO proposed the following amendment (MATTHEWS-896), which was adopted:

Amend the bill, as and if amended, page 3, lines 4 through 12 by striking and inserting the following:

/     Effective July 1, 2005 there is established the Orangeburg County Consolidated School District Fiscal Commission to be composed of three members who shall serve ex officio. The Orangeburg County Consolidated School District Fiscal Commission is to be made up of the Orangeburg County Treasurer, the Orangeburg County Auditor, and the chairman or his designee of one of the boards of trustees of the Orangeburg County Consolidated School District Three, the Orangeburg County Consolidated School District Four, or the Orangeburg County Consolidated School District Five. The chairman's designee must be a member of that chairman's school board of trustees or the district's Superintendent. On an annual revolving basis one of the school district's board of trustees is to be represented. The chairman or his designee of Orangeburg County Consolidated School District Three is to serve on the Commission from July 1, 2005 through June 30, 2006. At the end of one year the chairman or his designee of Orangeburg County Consolidated School District Four is to serve and the following year the chairman or his designee of the Orangeburg County Consolidated School District Five is to serve. This rotation is to continue for the lifetime of the Orangeburg County Consolidate School District Fiscal Commission. /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, as amended, and ordered placed on the Third Reading Calendar.


Printed Page 3485 . . . . . Thursday, May 26, 2005

S. 896--Ordered to a Third Reading

On motion of Senator MATTHEWS, S. 896 was ordered to receive a third reading on Friday, May 27, 2005.

AMENDED, READ THE SECOND TIME

H. 3767 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-2-75, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIGNATORIES TO TAX RETURNS, SO AS TO AUTHORIZE A QUALIFIED TAX PREPARER TO SIGN ELECTRONICALLY; TO AMEND SECTION 12-4-30, RELATING TO COMPOSITION OF THE DEPARTMENT OF REVENUE, SO AS TO DELETE OUT-DATED LANGUAGE; TO AMEND SECTION 12-4-540, RELATING TO APPRAISAL, ASSESSMENT, AND EQUALIZATION OF TAXABLE VALUES OF CORPORATE PROPERTY, SO AS TO MAKE A GRAMMATICAL CHANGE; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE NOT ADOPTED BY SOUTH CAROLINA, SO AS TO ADD A CROSS REFERENCE; TO AMEND SECTION 12-6-1170, RELATING TO INCOME DEDUCTION FROM TAXABLE RETIREMENT INCOME, SO AS TO ADD CLARIFYING LANGUAGE; TO AMEND SECTION 12-6-1720, RELATING TO TAXABLE INCOME REPORTABLE BY A NONRESIDENT, SO AS TO INCLUDE LOTTERY AND BINGO WINNINGS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 12-6-3570, AS AMENDED, RELATING TO TAX CREDITS FOR A MOTION PICTURE PRODUCTION COMPANY, SO AS TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO JOB DEVELOPMENT CREDITS, SO AS TO PROVIDE THAT THE COUNTY DESIGNATION IS EFFECTIVE AS OF THE DATE THE APPLICATION FOR CREDITS IS RECEIVED; TO AMEND SECTION 12-54-55, AS AMENDED, RELATING TO INTEREST ON THE UNDERPAYMENT OF ESTIMATED TAX, SO AS TO INCLUDE SMALL AMOUNT PROVISIONS; TO AMEND SECTION 12-54-70, RELATING TO THE EXTENSION OF TIME FOR FILING TAX RETURNS, SO AS TO CLARIFY A CROSS REFERENCE; TO AMEND SECTION 12-54-110, AS AMENDED, RELATING TO THE POWER OF THE DEPARTMENT OF


Printed Page 3486 . . . . . Thursday, May 26, 2005

REVENUE TO SUMMON A PERSON, SO AS TO PROVIDE THAT AN ADMINISTRATIVE LAW JUDGE HOLD A CONTEMPT HEARING ON FAILURE TO COMPLY WITH A SUMMONS; AND TO AMEND SECTION 12-60-90, AS AMENDED, RELATING TO SANCTIONS AGAINST A PERSON AUTHORIZED TO REPRESENT A TAXPAYER ADMINISTRATIVELY, SO AS TO INCLUDE A MONETARY PENALTY AND MAKE A CLARIFICATION.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Senators CAMPSEN, ALEXANDER, ANDERSON, BRYANT, 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 proposed the following amendment (GGS\ 22247HTC05), which was adopted:

Amend the bill, as and if amended, in Section 12-6-5060(A), as contained in Section 21, page 11, by striking lines 30 and 31 and inserting:

/   Assembly provides, K-12 public education for use in the manner the General Assembly provides by law, or the South Carolina Conservation Bank Trust Fund established pursuant to Section 48-59-60, by designating the   /

Renumber sections to conform.

Amend title to conform.

Senator CAMPSEN explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

H. 3737--Ordered to a Third Reading

On motion of Senator CAMPSEN, with unanimous consent, H. 3737 was ordered to receive a third reading on Friday, May 27, 2005.


Printed Page 3487 . . . . . Thursday, May 26, 2005

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

H. 3905 (Word version) -- Rep. Chellis: A BILL 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


Printed Page 3488 . . . . . Thursday, May 26, 2005

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, 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; AND 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.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.

The Finance Committee proposed the following amendment (3905R001.HKL), which was adopted:

Amend the bill, as and if amended, SECTION 1, page 3, as contained in Section 11-7-10, by striking lines 20-21 and inserting:

/     The State Auditor shall, to                           /

Amend the bill further, SECTION 1, page 4, as contained in Section 11-7-25, by striking lines 12-13 and inserting:


Printed Page 3489 . . . . . Thursday, May 26, 2005

/     implementation. To the extent practicable and consistent with his         /

Amend the bill further, SECTION 1, page 5, as contained in Section 11-7-55, by striking lines 41-42 and inserting:

/     Section 11-7-55.   The State Auditor may obtain the services of independent       /

Amend the bill further, by adding an appropriately numbered new SECTION to read:

/     SECTION   ___.   Section 2-7-71 of the 1976 Code is amended to read:

"Section 2-7-71.   When a bill relating to state taxes is reported out of a standing committee of the Senate or House of Representatives for consideration, there must be attached and printed as a part of the committee report a statement of the estimated revenue impact of the bill on the finances of the State certified by the Board of Economic Advisors Economic Research Section of the Office of Research and Statistics. As used in this section 'statement of estimated revenue impact' means the consensus of the persons executing the required statement as to the increase or decrease in the net tax revenue to the State if the bill concerned is enacted by the General Assembly. In preparing a statement, the Board of Economic Advisors Economic Research Section of the Office of Research and Statistics may request technical advice of the Department of Revenue."             /

Amend the bill further, by adding an appropriately numbered SECTION to read:

/   SECTION   ___.   Section 4-9-150 of the 1976 Code is amended to read:

"Section 4-9-150.   The council shall provide for an independent annual audit of all financial records and transactions of the county and any agency funded in whole by county funds and may provide for more frequent audits as it considers necessary. Special audits may be provided for any agency receiving county funds as the county governing body considers necessary. The audits must be made by a certified public accountant or public accountant or firm of these accountants who have no personal interest, direct or indirect, in the fiscal affairs of the county government or any of its officers. The council may, without requiring competitive bids, designate the accountant or firm annually or for a period not exceeding one year three years. The designation for any particular fiscal year must be made no later than thirty days after the beginning of the fiscal year. The report of the audit must be made available for public inspection. A copy


Printed Page 3490 . . . . . Thursday, May 26, 2005

of the report of the audit must be submitted to the Comptroller General no later than January first each year following the close of the books of the previous fiscal year.

If the report is not timely filed, or within the time extended for filing the report, funds distributed by the Comptroller General to the county in the current fiscal year must be withheld pending receipt of a copy of the report.     /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

AMENDED, READ THE SECOND TIME

H. 3402 (Word version) -- Reps. M.A. Pitts, Taylor, Owens, Duncan, Vick, Hardwick, Hagood, Ott, Ceips, Haley, Hiott, Limehouse, E.H. Pitts, G.R. Smith, Toole, Umphlett, Witherspoon, Chellis, Stewart, Mahaffey, Barfield, Huggins, Loftis, White, Clemmons, Walker, Littlejohn and Sinclair: A BILL TO AMEND SECTION 2-17-10 AND 8-13-1300, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN MATTERS RELATING TO CAMPAIGN PRACTICES AND IN MATTERS RELATING TO LOBBYISTS AND LOBBYING, RESPECTIVELY, INCLUDING THE DEFINITION OF LEGISLATIVE CAUCUS COMMITTEE, SO AS TO PROVIDE THAT SUCH A CAUCUS MAY BE CREATED BASED UPON A SPECIAL LEGISLATIVE INTEREST.

Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Committee on Judiciary proposed the following amendment (JUD3402.002), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/   SECTION 1.   Section 2-17-10(11) of the 1976 Code is amended to read:

"(11)   'Legislative caucus' means:


Printed Page 3491 . . . . . Thursday, May 26, 2005

(a)   a committee of either house of the General Assembly controlled by the caucus of a political party or a caucus based upon racial or ethnic affinity, or gender;

(b)   a party or group of either house of the General Assembly based upon racial or ethnic affinity, or gender. However, each house may establish only one committee for racial-, ethnic-, or gender-based affinity.

(12)   'Legislative caucus' does not include a legislative special interest caucus as defined in Section 2-17-10(21)."
SECTION   2.   Section 2-17-10 of the 1976 Code is amended by adding the following numbered subsection at the end to read:

"(21)   'Legislative special interest caucus' means one or more legislators who, based upon a special interest, seek to be affiliated for use of General Assembly facilities and employees under such terms and conditions as granted by the Speaker of the House of Representatives or the Senate Operations and Management Committee. Each legislative special interest caucus must register with the clerk's office of the Senate or House of Representatives in a manner mandated by the clerk's office. However, each legislative special interest caucus must provide, and the clerk's office must maintain a record of:

(a)   the name and purpose of the caucus;

(b)   the names of all caucus members; and

(c)   the date of creation, and dissolution, if applicable.

The clerk's office must maintain these records for at least four years following the dissolution of the caucus. A legislative special interest caucus may include, but is not limited to, a representation of sportsmen and women desiring to enhance and protect hunting, fishing, and shooting sports."

SECTION   3.   Section 8-13-1300(21) of the 1976 Code is amended to read:

"(21)   'Legislative caucus committee' means:

(a)   a committee of either house of the General Assembly controlled by the caucus of a political party or a caucus based upon racial or ethnic affinity, or gender; however, each house may establish only one committee for each political-, racial-, ethnic-, or gender-based affinity;

(b)   a party or group of either house of the General Assembly based upon racial or ethnic affinity, or gender;

(c)   'Legislative caucus' does not include a 'legislative special interest caucus' as defined in Section 2-17-10(21)."

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


Printed Page 3492 . . . . . Thursday, May 26, 2005

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

On motion of Senator MOORE, with unanimous consent, the Senate agreed that Senator LEVENTIS would be allowed to offer a further amendment on third reading.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

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: A BILL 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 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.


Printed Page 3493 . . . . . Thursday, May 26, 2005

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.

The Committee on Medical Affairs proposed the following amendment (NBD\11876AC05), which was adopted:

Amend the bill, as and if amended, by deleting line 32, page 1 through line 39, page 2.

Amend the bill, further, by deleting Section 43-21-200(C) and inserting:

/(C)(1)   A physician accepted for the program shall execute a contract with the division in which the physician agrees:

(a)   to practice in this State for no fewer than five consecutive years immediately following completion of his or her fellowship;

(b)   to accept Medicare and Medicaid patients;

(c)   to accept reimbursement or contractual binding rates; and

(d)   not to discriminate against patients based on the ability to pay.

(2)   Upon execution of the contract, the division shall reimburse student-loan payments made by the physician during the last completed calendar semester. No more than four physicians a year may participate in the program unless sufficient funding is available to reimburse, in accordance with this section, more than four physicians a year. The total amount that may be reimbursed to one physician is thirty-five thousand dollars multiplied by the number of years of the fellowship completed, prorated for periods less than one year./

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

H. 3832 (Word version) -- Reps. J.E. Smith, Cotty, Scott, Haskins, Cato, Davenport, Altman, Anthony, Battle, Brady, Branham, Breeland, J. Brown, R. Brown, Cobb-Hunter, Coleman, Cooper, Dantzler, Edge,


Printed Page 3494 . . . . . Thursday, May 26, 2005

Funderburk, Hagood, Harrison, Hayes, J. Hines, Howard, Huggins, Jefferson, Jennings, Kirsh, Lee, Limehouse, Martin, McLeod, Merrill, Miller, J.M. Neal, Ott, Parks, Perry, Pinson, Rivers, D.C. Smith, Thompson, Townsend, Vick, Weeks and Witherspoon: A BILL TO ENACT THE LEWIS BLACKMAN HOSPITAL PATIENT SAFETY ACT BY ADDING ARTICLE 27, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE ALL HOSPITAL CLINICAL STAFF AND TRAINEES TO WEAR BADGES CONTAINING CERTAIN IDENTIFYING INFORMATION, TO REQUIRE CERTAIN INFORMATION TO BE PROVIDED BY HOSPITALS TO PATIENTS PRIOR TO OR ON ADMISSION CONCERNING THE PATIENT'S HOSPITAL CARE, INCLUDING, AMONG OTHER THINGS, THE GENERAL ROLE OF MEDICAL STUDENTS, INTERNS, AND RESIDENT PHYSICIANS IN PATIENT CARE, THAT THE PATIENT'S ATTENDING PHYSICIAN IS THE DOCTOR IN CHARGE OF THE PATIENT'S CARE, THAT THE PATIENT'S ATTENDING PHYSICIAN MAY CHANGE, WHETHER ANY RESIDENT PHYSICIAN OR MEDICAL STUDENTS MAY BE PARTICIPATING IN THE PATIENT'S CARE, INCLUDING SURGERY, REQUIRING NURSES TO PLACE A CALL FOR OR TO ASSIST A PATIENT IN CALLING THEIR ATTENDING PHYSICIANS, REQUIRING HOSPITALS TO PROVIDE A MECHANISM THAT IS AVAILABLE AT ALL TIMES WHEREBY PATIENTS CAN RECEIVE ASSISTANCE FOR RESOLUTION OF URGENT PATIENT CARE CONCERNS, AND TO PROVIDE THAT THIS ARTICLE DOES NOT CREATE A CIVIL CAUSE OF ACTION.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.

The Committee on Medical Affairs proposed the following amendment (NBD\11875AC05), which was adopted:

Amend the bill, as and if amended, Section 44-7-3450(A), page 3, line 37 after /physician/ by inserting /regarding the patient's personal medical care/.

Amend the bill, further, Section 44-7-3450(B), page 4, by deleting line 5 and inserting /the resolution of the patient's personal medical care concerns./


Printed Page 3495 . . . . . Thursday, May 26, 2005

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

H. 3832--Ordered to a Third Reading

On motion of Senator HAYES, with unanimous consent, H. 3832 was ordered to receive a third reading on Friday, May 27, 2005.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

H. 3039 (Word version) -- Reps. Sinclair and Whipper: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCLUSIVE JURISDICTION OF THE FAMILY COURT, SO AS TO DELETE EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE ACTIONS AS TO THE VALIDITY OF MARRIAGES AND THE PATERNITY OF AN INDIVIDUAL, AND TO PROVIDE FOR CONCURRENT JURISDICTION WITH THE FAMILY COURT AND THE PROBATE COURT IN THOSE ACTIONS; AND TO AMEND SECTION 62-1-302, RELATING TO SUBJECT MATTER JURISDICTION IN THE PROBATE COURT, SO AS TO PROVIDE FOR JURISDICTION TO HEAR AND DETERMINE MATTERS OF VALIDITY OF MARRIAGES AND OF PATERNITY.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD3039.003), which was adopted:

Amend the bill, as and if amended, page 2, by striking line 17 in its entirety and inserting:

/   "Section 62-1-302. (a)   To the full extent permitted by the   /

Amend title to conform.

Senator RITCHIE explained the committee amendment.


Printed Page 3496 . . . . . Thursday, May 26, 2005

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

AMENDED, READ THE SECOND TIME

H. 3582 (Word version) -- Reps. McLeod, Clark, J.E. Smith, Hosey, Moody-Lawrence, Anderson, Bailey, Bowers, Breeland, J. Brown, R. Brown, Davenport, Haskins, M. Hines and Sinclair: A BILL TO AMEND ARTICLE 13, CHAPTER 53, TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEAD POISONING PREVENTION AND CONTROL SO AS TO RENAME THIS ARTICLE THE "CHILDHOOD LEAD POISONING PREVENTION AND CONTROL ACT", TO CLARIFY THAT THE ARTICLE ADDRESSES CIRCUMSTANCES RELATING TO CHILDREN AND LEAD POISONING, TO FURTHER SPECIFY SURFACES IN A DWELLING OR FACILITY THAT MAY CONTAIN A LEAD-BASED HAZARD, TO UPDATE REQUIREMENTS FOR EDUCATION AND PUBLIC AWARENESS PROGRAMS, INVESTIGATIONS, AND RECORDKEEPING, TO REVISE PROCEDURES FOR THE ISSUANCE AND EXECUTION OF AN ADMINISTRATIVE WARRANT TO INVESTIGATE LEAD-BASED HAZARDS, TO REQUIRE LABORATORIES TO REPORT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RESULTS OF ANY BLOOD LEAD ANALYSES CONDUCTED ON CHILDREN UNDER THE AGE OF SIX, TO DELETE OBSOLETE PROVISIONS, TO REVISE CRIMINAL PENALTIES, TO PROVIDE FOR CIVIL FINES, TO PROVIDE THAT A VIOLATION DOES NOT GIVE RISE TO A CAUSE OF ACTION, AND TO PROVIDE THAT THE PROVISIONS OF THIS ARTICLE ARE CONTINGENT UPON THE APPROPRIATION OR AVAILABILITY OF FUNDS.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Senator HUTTO proposed the following amendment (BBM\ 10950MM05), which was adopted:

Amend the bill, as and if amended, Section 44-53-1490 as found in SECTION 1, page 11, lines 29-35, by deleting the section in its entirety and inserting:


Printed Page 3497 . . . . . Thursday, May 26, 2005

/ "Section 44-53-1490.   (A)   A violation of this article does not give rise to a private cause of action. However, this article does not prohibit a person from commencing an action for damages or injunctive relief pursuant to other law; and this article does not prohibit an action by a municipality or other governmental entity for damages or injunctive relief or an action authorized by other law or regulation.

(B)   This section does not prohibit the introduction of evidence of failure to comply with the provisions of this article in establishing the appropriate standard of care in the other action." /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

COMMITTEE AMENDMENT ADOPTED, AMENDED
READ THE SECOND TIME

H. 3794 (Word version) -- Reps. Harrell, Wilkins, Cotty, J.E. Smith, Leach, Clark, Skelton, Chellis, Davenport, Haley, Harvin, Anthony, Bales, Ballentine, Barfield, Battle, Brady, G. Brown, Cato, Coates, Cobb-Hunter, Coleman, Cooper, Delleney, Edge, Harrison, Hayes, Hinson, Jennings, Kennedy, Kirsh, Limehouse, Littlejohn, Lucas, Mack, McCraw, McGee, Merrill, J.M. Neal, Neilson, Ott, Perry, Rice, Simrill, G.R. Smith, J.R. Smith, W.D. Smith, Stewart, Taylor, Thompson, Umphlett, Vaughn, White, Witherspoon, Young, Scarborough, Bailey and Hagood: A BILL TO AMEND CHAPTER 17, TITLE 13 OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO PROVIDE FOR THE SOUTH CAROLINA RESEARCH DIVISION AND THE SOUTH CAROLINA RESEARCH INNOVATION CENTERS AS TWO DIVISIONS OF THE AUTHORITY, TO CHANGE THE COMPOSITION OF THE BOARD OF TRUSTEES OF THE AUTHORITY AND TO PROVIDE ITS DUTIES, TO PROVIDE FOR A BUSINESS AND SCIENCE ADVISORY BOARD TO BE APPOINTED BY THE EXECUTING COMMITTEE OF THE BOARD OF TRUSTEES, TO PROVIDE DUTIES OF THE ADVISORY BOARD, TO PROVIDE THAT THE SOUTH


Printed Page 3498 . . . . . Thursday, May 26, 2005

CAROLINA RESEARCH DIVISION SHALL OPERATE EXISTING RESEARCH PARKS IN COOPERATION WITH CLEMSON UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, AND THE UNIVERSITY OF SOUTH CAROLINA AT COLUMBIA, TO PROVIDE THAT THE AUTHORITY MAY ESTABLISH AND OPERATE ADDITIONAL FACILITIES, TO PROVIDE FOR CONFIDENTIALITY OF INFORMATION RELATING TO A PROSPECTIVE INDUSTRY CONSIDERING A RESEARCH PARK, TO PROVIDE THAT THE SOUTH CAROLINA RESEARCH INNOVATION CENTERS SHALL ESTABLISH THREE RESEARCH INNOVATION CENTERS ASSOCIATED WITH THE THREE RESEARCH UNIVERSITIES, TO PROVIDE THE OBJECTIVES OF THE CENTERS, TO PROVIDE FOR RESEARCH INNOVATION CENTER DIRECTORS AND STAFF FOR EACH RESEARCH INNOVATION CENTER, TO PROVIDE FOR THE FUNDING OF THE CENTERS, TO PROVIDE FOR FINANCING OF THE COSTS ASSOCIATED WITH THE PHYSICAL SPACE FOR THE INNOVATION CENTERS, AND TO PROVIDE POWERS AND DUTIES OF THE SOUTH CAROLINA RESEARCH INNOVATION CENTERS.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.

The Committee on Finance proposed the following amendment (3794R001.HKL), which was adopted:

Amend the bill, as and if amended, page 3, by striking lines 27 - 41 and inserting:

/       Section 13-17-40.   The authority SCRA shall consist of a board of twenty-two twenty-three trustees that includes the following ex officio members: President of the Council of Private Colleges of South Carolina, Chairman of the South Carolina Commission on Higher Education, President of Clemson University, President of the Medical University of South Carolina, President of South Carolina State College, President of the University of South Carolina, President of Francis Marion College, Chairman of the State Board for Technical and Comprehensive Education, Chairman of the State Development Board, Governor of South Carolina or his designee, and Chairman of the Technical Advisory Board of the Authority Chairman of the House Ways and Means Committee's designee, Chairman of the Senate


Printed Page 3499 . . . . . Thursday, May 26, 2005

Finance Committee's designee, and the Secretary of Commerce or his designee.       /

Amend the bill further, as and if amended, page 4, by striking Lines 21 - 28 and inserting:

/       The President of Clemson University, President of the Medical University of South Carolina, President of the University of South Carolina at Columbia, the Governor or his designee, the Chairman of the House Ways and Means Committee's designee, the Chairman of the Senate Finance Committee's designee, and the chairman of the board of trustees, shall serve as the executive committee of the board of trustees. The executive committee by majority vote shall have the authority to implement recommendations and direct the executive director on policy decisions for the efficient day-to-day operations of the SCRA.           /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the committee amendment.

The committee amendment was adopted.

Senator RITCHIE proposed the following amendment (3794R002.JHR), which was adopted:

Amend the bill, as and if amended, page 8 by striking lines 25 through 33 and inserting:

/       Section 13-17-87.   (A)   The SCRIC shall establish three Research Innovation Centers (innovation centers) in South Carolina. The innovation centers shall:

(1)   enhance the research and technology transition capabilities of the State's three research universities;

(2)   establish a continuing forum to foster greater dialogue between the State's three research universities and industry;

(3)   promote the development of high technology industries and applied research facilities in South Carolina;

(4)   focus their efforts on the development, testing, and implementation of new advances in the life sciences, pharmaceuticals, biotechnology, hydrogen and fuel cells, military and defense technology, chemical products, high tech fibers, advanced materials, automotive, aerospace, and information technology; and

(5)   maximize the use of the funds and activities of the innovation centers for partnerships between the research universities and between


Printed Page 3500 . . . . . Thursday, May 26, 2005

the public and private sectors for the purpose of generating professional research and development jobs in South Carolina.             /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

ADOPTED

S. 887 (Word version) -- Senator Campsen: A CONCURRENT RESOLUTION TO DECLARE JUNE 1-4, 2005, AS SWEETGRASS BASKET DAYS IN SOUTH CAROLINA AND TO RECOGNIZE THE LOCAL SWEETGRASS BASKET MAKERS AS THEY EXHIBIT THIS ANCIENT AFRICAN ART FORM IN MOUNT PLEASANT AS PART OF THE PICCOLO SPOLETO CELEBRATION.

On motion of Senator CAMPSEN, with unanimous consent, the Concurrent Resolution was adopted, ordered sent to the House.

AMENDED, CARRIED OVER

H. 3107 (Word version) -- Reps. M.A. Pitts, Viers, Taylor, Mahaffey, Duncan and Umphlett: A BILL 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, ONE TO BE APPOINTED BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND ONE TO BE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the committee amendment.

Senator ALEXANDER proposed the following amendment (JUD3107.001), which was adopted:

Amend the bill, as and if amended, page 4, after line 28, by adding an appropriately numbered SECTION to read:

/   SECTION ( ). Article 1, Chapter 47, Title 20 of the 1976 Code is amended by adding:


Printed Page 3501 . . . . . Thursday, May 26, 2005

"Section 40-47-155. (A) The South Carolina Board of Medical Examiners shall review and issue, at the board's discretion and subject to the provisions in this subsection, a license to practice medicine to an applicant who has passed all required examinations, irrespective of the number of times an exam was taken or the time frame within which the applicant successfully passed the examinations, if the applicant otherwise qualifies for licensure; and

(1)   has been licensed to practice medicine in another state in the United States;

(2)   has not had his license revoked, suspended, or restricted in this State or another state and has no disciplinary matters pending in this State or any other state;

(3)   holds certification by a specialty board recognized by either the American Board of Medical Specialties or the American Osteopathic Association; and

(4)   has undertaken to establish himself in a rural area of this State."         /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the amendment.

The amendment was adopted.

On motion of Senator VERDIN, the Bill was carried over, as amended.

COMMITTEE AMENDMENT ADOPTED
CARRIED OVER

H. 3847 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 11-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL RESERVE FUND, SO AS TO PROVIDE THAT THE GENERAL RESERVE FUND SHALL CONSIST NOT ONLY OF THREE PERCENT OF THE GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR BUT ALSO THE FIRST TEN PERCENT OF ANY SURPLUS GENERAL FUND REVENUES ACCRUING FOR ANY FISCAL YEAR; TO AMEND SECTION 11-11-320, 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


Printed Page 3502 . . . . . Thursday, May 26, 2005

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; AND BY ADDING SECTION 11-11-350 SO AS TO PROVIDE THAT EACH STATE AGENCY, DEPARTMENT, INSTITUTION, OR ENTITY RECEIVING IN THE AGGREGATE THREE 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.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.

The Finance Committee proposed the following amendment (3847R001.HKL), which was adopted:


Printed Page 3503 . . . . . Thursday, May 26, 2005

Amend the bill, as and if amended, by deleting SECTION 1.

Amend the bill, by striking SECTION 6 and inserting:

/     SECTION   5.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the committee amendment.

The committee amendment was adopted.

On motion of Senator LEATHERMAN, the Bill was carried over, as amended.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

RECALLED

H. 3525 (Word version) -- Reps. Chellis, Cotty, Altman, Anderson, Bailey, Ceips, Clemmons, Clyburn, Dantzler, Edge, Frye, Hardwick, Hosey, Jefferson, Littlejohn, Loftis, Mahaffey, McCraw, Phillips, Rhoad, Rutherford, Scarborough, Sinclair, Umphlett, Walker, Witherspoon, Sandifer, G. Brown and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-5-70 SO AS TO REQUIRE A MUNICIPALITY TO PROVIDE WATER OR SEWER SERVICES TO A PROPERTY OWNER UPON WRITTEN REQUEST WHEN THE PROPERTY OWNER AGREES TO PAY THE COST OF EXTENDING THESE SERVICES BY THE PAYMENT OF AN ASSESSMENT LEVIED AGAINST THE PROPERTY.

Senator HUTTO moved to recall the Bill from the Committee on Judiciary.

The Bill was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.

RECALLED AND ADOPTED

H. 4152 (Word version) -- Rep. McLeod: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE I-26/SOUTH CAROLINA HIGHWAY 219


Printed Page 3504 . . . . . Thursday, May 26, 2005

INTERCHANGE IN NEWBERRY COUNTY AS "MAIN STREET INTERCHANGE" BECAUSE THIS INTERCHANGE AS WELL AS SOUTH CAROLINA HIGHWAY 219 AND MAIN STREET SERVE AS THE GATEWAY TO THE CITY OF NEWBERRY AND TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.

Senator CROMER moved to recall the Resolution from the Committee on Transportation.

The Resolution was recalled from the Committee on Transportation.

Senator CROMER asked unanimous consent to take the Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Resolution, the question being the adoption of the Resolution.

On motion of Senator CROMER, with unanimous consent, the Resolution was adopted and ordered returned to the House.

MOTION ADOPTED

On motion of Senator MARTIN, the Senate dispensed with the balance of the motion period.

HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

S. 1 (Word version) -- Senators Ryberg, Hutto, Lourie, Drummond, Land, Moore, Matthews, McGill, O'Dell, Reese, Hayes, Gregory, Jackson, Martin, Rankin, Short, Richardson, Ritchie, Cromer, J. Verne Smith, Leatherman, Fair and Patterson: A BILL TO AMEND SECTION 56-5-6450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD PASSENGER RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A FINE FOR A VIOLATION OF THE LAW MUST NOT BE WAIVED; TO AMEND SECTION 56-5-6530, RELATING TO EXCEPTIONS TO THE MANDATORY USE OF SAFETY BELTS AND CHILD


Printed Page 3505 . . . . . Thursday, May 26, 2005

RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT OCCUPANTS OF THE BACK SEAT OF A MOTOR VEHICLE ARE NOT EXEMPT FROM THE SAFETY BELT REQUIREMENT; TO AMEND SECTION 56-5-6540, RELATING TO PENALTIES FOR VIOLATIONS OF THE SAFETY BELT LAW AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT ALL FUNDS COLLECTED PURSUANT TO THIS SECTION MUST BE DEPOSITED IN THE STATE GENERAL FUND, A LAW ENFORCEMENT OFFICER MAY NOT SEARCH A VEHICLE STOPPED SOLELY FOR A PRIMARY SAFETY BELT VIOLATION, A LAW ENFORCEMENT OFFICER MAY STOP A DRIVER OF A MOTOR VEHICLE FOR ANY PRIMARY VIOLATION OF A PROVISION THAT REQUIRES A DRIVER OR PASSENGER TO WEAR A SAFETY BELT OR A CHILD RESTRAINT SYSTEM, A PERSON MUST NOT BE CONVICTED FOR A PRIMARY SAFETY BELT VIOLATION EXCEPT UPON PROOF BEYOND A REASONABLE DOUBT, A VIOLATION OF THE MANDATORY SAFETY BELT LAW MAY BE TRIED BEFORE EITHER A JUDGE OR A JURY, AND A CONVICTION FOR A VIOLATION OF THE STATE'S MANDATORY SAFETY BELT LAW IS APPEALABLE TO THE COURT OF COMMON PLEAS.
The House returned the Bill with amendments.

Senator GROOMS asked unanimous consent to take up for immediate consideration Amendment No. 5B.

There was no objection.

The Senate proceeded to a consideration of the Bill, the question being the concurrence in the House amendments.

Senators RYBERG, RITCHIE, JACKSON and LOURIE proposed the following amendment (1R024.WGR), which was adopted:

Amend the bill, as and if amended, page 2 by striking lines 7 through 17 and inserting:

/       "Section 56-5-6450.   No A person shall not be subjected to a custodial arrest for violation of violating the provisions of this article. Any A person violating adjudicated to be in violation of the provisions of this article shall upon conviction must be fined not more than twenty-five dollars twelve dollars, no part of which may be suspended. The court shall waive any fine against any person who, before, or upon


Printed Page 3506 . . . . . Thursday, May 26, 2005

the appearance date on the summons, supplies the court with evidence of acquisition, purchase or rental of a child restraint system meeting the requirements of this article"       /

Amend the bill further, as and if amended, page 3 by striking lines 12 -13.

/       (10)   children under six years of age who must be properly restrained as provided by Article 47, Chapter 5 of Title 56;

Amend the further, as and if amended, page 3, by striking lines 20 - 23 and inserting:

/       "Section 56-5-6540.   (A)   A person who violates the provisions of this article, upon conviction, must be fined not more than twenty-five twelve dollars, all or part no part of which may be suspended. No Court costs, assessments, or     /

Amend the bill further, as and if amended, page 5 by inserting at the end of line 3:

/       This information may be gathered and transmitted electronically under the supervision of the department which shall develop and maintain a database storing the information collected. The department must promulgate rules and regulations with regard to the collection and submission of the information gathered.     /

Amend the bill further, as and if amended, page 5 by striking line 7 and inserting:

/       posted on the department website regarding motor       /

Amend the bill further, as and if amended, page 5, line 13 by inserting:

/     (D)   This section must be reviewed by the Senate Transportation Committee and the House of Representatives Education and Public Works Committee during the 2010 session of the General Assembly. The committees must make recommendations of appropriate changes, if any, to this section before the end of the 2010 session." /

Amend the further, as and if amended, page 5 by striking Section 56-5-6565(A) in its entirety and inserting:

/     "Section 56-5-6565.   (A)   The Department of Public Safety shall develop and implement education programs designed to create awareness of the state's safety belt laws and to increase safety belt use throughout the State. The Department of Public Safety, when securing consultant, contractor, and subcontractor services for developing and implementing programs related to safety belts laws, shall select providers that have experience with this subject.       /


Printed Page 3507 . . . . . Thursday, May 26, 2005

Amend the bill further, as and if amended, page 6 by striking lines 2 through 5 and inserting:

/       of Public Safety or the Department of Transportation to develop and implement the programs described in subsection (A)." /

Amend the bill further, as and if amended, page 6 by inserting an appropriately numbered SECTION:

/       SECTION   _____.     Section 56-5-6430 of the 1976 Code is repealed.       /

Amend the bill further, as and if amended, page 6 by striking lines 7 and 8 and inserting:

/     SECTION   7.   This act takes effect six months after the date of approval by the Governor except that:

(1)   the requirements of SECTION 5 relating to the Department of Public Safety take effect on July 1, 2006 and the requirements of SECTION 5 relating to state and local law enforcement take effect July 1, 2007; and

(2)   SECTION 6 takes effect one year after the date of approval by the Governor.       /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

The amendment was adopted.

Senators GROOMS and JACKSON proposed the following amendment (1R016.LKG), which was adopted:

Amend the bill, as and if amended, SECTION 4, page 3, by striking lines 38 through 43 and page 4 by striking lines 1 through 36 and inserting:

/           (B)   A law enforcement officer must not stop a driver for a violation of this article in the absence of another violation of the motor vehicle laws except as follows: issue a citation to a driver or a passenger for a violation of this article when the stop is made in conjunction with a driver's license check, safety check, or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time, except when the driver is cited for violating another motor vehicle law. The driver and any passenger shall be required to buckle up before departing the checkpoint and should the driver or the passenger refuse, then the person refusing may be charged with a primary violation.


Printed Page 3508 . . . . . Thursday, May 26, 2005

(1)   when the officer has probable cause for a violation of this article based on his clear and unobstructed view of a driver seventeen years of age or younger or an occupant of the motor vehicle seventeen years of age or younger who is not wearing a safety belt or is not secured in a child restraint system as required by Article 47; or

(2)   when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time.

(C)   A citation for a violation of this article, except for a citation issued pursuant to a stop made under subsection (B)(1), must not be issued without citing the violation that initially caused the officer to effect the enforcement stop.

(D)   A citation issued pursuant to a stop made under subsection (B)(1) may be issued without citing any other violation.

(E)(C)   A violation of this article does is not constitute negligence per se or contributory negligence, and is not admissible as evidence in a civil action.

(F)(D)   No A vehicle, driver, or occupant in a vehicle may must not be searched, nor may consent to search be requested by a law enforcement officer, solely because of a violation of this article or a stop made under subsection (B)(1). If a vehicle is stopped solely for a violation of this article, a law enforcement officer may not search the driver, the passengers, and the vehicle unless the search is for a separate and distinct offense.

(E)   A law enforcement officer must not stop a driver for a violation of this article except when the officer has probable cause that a violation has occurred based on his clear and unobstructed view of a driver or an occupant of the motor vehicle who is not wearing a safety belt or is not secured in a child restraint system as required by Article 47 of this chapter.

(F)   A person must not be adjudicated to be in violation of this article except upon proof beyond a reasonable doubt.

(G)   A person charged with a violation of this article may admit or deny a violation of this article, enter a plea of nolo contendere, or be tried before either a judge or a jury. If the trier of fact determines beyond a reasonable doubt that the person was not wearing a safety belt at the time of the incident, the penalty is a civil fine pursuant to Section 56-5-6540. If the trier of fact determines that the person was wearing a safety belt, no penalty shall be assessed.


Printed Page 3509 . . . . . Thursday, May 26, 2005

(H)   A person found to be in violation of this article may bring an appeal to the court of common pleas pursuant to Section 18-3-10 or Section 14-25-95."                               /

Renumber sections to conform.

Amend title to conform.

Senator GROOMS explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was ordered returned to the House with amendments.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

S. 589 (Word version) -- Senators McConnell, Drummond, Rankin, Land, McGill, Thomas, Moore, Fair, Ryberg, Setzler, Peeler, Reese and Verdin: A BILL TO AMEND ARTICLE 3, CHAPTER 43, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY EQUALIZATION AND REASSESSMENT, BY ADDING SECTION 12-43-365, SO AS TO PROVIDE THAT THE VALUE OF TANGIBLE AND INTANGIBLE PERSONAL PROPERTY AND ANY INCOME DERIVED THEREFROM, WHETHER DIRECTLY OR INDIRECTLY, SHALL NOT BE INCLUDED IN THE DETERMINATION OF FAIR MARKET VALUE OF GOLF COURSE REAL PROPERTY FOR AD VALOREM TAX PURPOSES.
The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill, the question being the concurrence in the House amendments.

Senator McCONNELL proposed the following amendment (JUD0589.001), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/   SECTION   1.     The General Assembly finds that:

(1)   The golf industry contributes significantly to the economic well-being of this State, particularly in the tourism sector of its economy, and brings with it a much needed infusion of capital and employment, as well as property tax revenues into local governments.


Printed Page 3510 . . . . . Thursday, May 26, 2005

(2)   Real and personal property for golf courses is taxable as provided in Article X, Section 1 of the Constitution of South Carolina, 1895.

(3)   Pursuant to Article X, Section 2 of the South Carolina Constitution, the General Assembly may prescribe the methods of assessment of property for ad valorem taxation.

(4)   Section 12-37-220(A)(10) of the 1976 Code provides that pursuant to Article X, Section 3 of the State Constitution, and subject to Section 12-4-720, "intangible personal property" is exempt from ad valorem taxation.

(5)   In arriving at a fair market value determination for golf course real property, the Administrative Law Court in Sea Pines Plantation Co., Inc. v. Beaufort Co., 01-ALJ-17-0018-CC, S.C. A.L.J.D. 2002, and The Ocean Course v. Charleston County Assessor, 03-ALJ17-0471-CC, S.C. A.L.C. 2005, clearly states that personal property and the income derived therefrom must be excluded from real estate valuation for ad valorem tax purposes, as in the case of Minnetonka Country Club Ass'n v. County of Hennepin, 1989 Minn. Tax LEXIS 44 (Minn. Tax Ct. April 7, 1989).

(6)   The inclusion of personal property and any income derived therefrom in the valuation of golf course real property for ad valorem tax purposes results in double taxation.

(7)   Current valuation methods utilized by some assessing entities in South Carolina result in the inclusion of personal property and the income derived therefrom in the valuation of golf course real property for ad valorem tax purposes.

(8)   The inclusion of personal property and the income derived therefrom in the valuation of golf course real property for ad valorem tax purposes has been a recurring matter of dispute between golf course owners and assessing entities and has resulted in numerous appeals and increased litigation costs for both the public and private sector.

(9)   It is desirable to promote uniformity among the counties and within the industry in the valuation of golf course real property for ad valorem tax purposes.

(10)   It is desirable to prevent double taxation in the valuation of personal property.

(11)   It is desirable to prevent duplicative litigation.

(12)   In order to address these concerns, it is necessary to enact this legislation to clearly state that it is the law of South Carolina that the value of certain personal property, and the income derived therefrom,


Printed Page 3511 . . . . . Thursday, May 26, 2005

whether directly or indirectly, is to be excluded from the valuation of golf course real property.

SECTION   2.   Article 3, Chapter 43, Title 12 of the 1976 Code is amended by adding:

"Section 12-43-365.   (A)   The value of tangible personal property and intangible personal property and any income or expense derived from such property, whether directly or indirectly, must not be included in the determination of fair market value of golf course real property for ad valorem tax purposes.

(B)   For purposes of this section 'intangible personal property' has the same meaning as 'intangible personal property' as contained in Article X, Section 3(j) of the Constitution of this State.

(C)   If the fair market value of golf course real property for ad valorem tax purposes is determined pursuant to the capitalized income approach, the taxpayer shall provide income and expense data for the entire golf course operation, golf course rentals, food and beverage services, and pro shop sales on a form designed by the county assessors and golf course owners and approved by the South Carolina Department of Revenue. Any data provided by the taxpayer for this purpose is not public data and may not be disclosed except in the process of a formal appeal involving the subject real property."

SECTION 3. This act takes effect upon approval by the Governor and the provisions of Section 12-43-365 of the 1976 Code as added by this act apply for the valuation of golf courses for purposes of property tax as golf courses are valued in countywide assessment and equalization programs implemented after 2005./

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was ordered returned to the House with amendments.

CONCURRENCE

S. 27 (Word version) -- Senators Leatherman and Elliott: A BILL TO AMEND SECTION 6-4-35 OF THE 1976 CODE, RELATING TO THE TOURISM EXPENDITURE REVIEW COMMITTEE'S DETERMINATION OF NONCOMPLIANT EXPENDITURE OF


Printed Page 3512 . . . . . Thursday, May 26, 2005

ACCOMMODATIONS TAX REVENUE, TO ESTABLISH A PROCEDURE BY WHICH A MUNICIPALITY OR COUNTY MAY REFUND ANY AMOUNT DETERMINED TO BE IN NONCOMPLIANCE AND AVOID FUTURE WITHHOLDINGS.

The House returned the Bill with amendments.

On motion of Senator LEATHERMAN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

MOTION ADOPTED

On motion of Senator ALEXANDER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Eric Brooks, age 15 of Walhalla, S.C., who was killed in a tragic automobile accident. Mr. Brooks was a three-sport athlete -- quarterback of the Walhalla High School football team, the varsity basketball team and the American Legion Post 124 baseball team.

ADJOURNMENT

At 8:53 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A..M.

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