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


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Tuesday, June 14, 2005
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is a quote from John G. Miller, author of The Question Behind the Question: "God grant me the serenity to accept the people I cannot change, the courage to change the one I can, and the wisdom to know--it's me!"
Let us pray. God of all, we pray on behalf of Your people assembled here. We ask You to create in us a spirit of mercy and understanding toward each other and those we serve. May we rededicate ourselves to greater service to the people of South Carolina. We thank You for faithful servants and ask Your continued blessings on each of our families. We pray for wisdom, courage, integrity and understanding on our newly elected Speaker Harrell. We remember before You our Nation, President, State and Governor. Keep safe our defenders of freedom. Receive our prayers, Holy God, and give us all we need for this day and the days to come. Amen.

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

After corrections to the Journal of the proceedings of Thursday, June 2, the SPEAKER PRO TEMPORE ordered it confirmed.

MOTION ADOPTED

Rep. W. D. SMITH moved that when the House adjourns, it adjourn in memory of Laurence Martin, husband of Ann Martin, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for Ann Martin and her family in the death of her husband, Laurence.


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SILENT PRAYER

The House stood in silent prayer for Representative Alex Harvin who is ill.

RATIFICATION OF ACTS

At 4:00 p.m. on June 6, 2005, the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified:

(R199, S. 286 (Word version)) -- Senator Hawkins: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN INMAN, SOUTH CAROLINA, TO THE TOWN OF INMAN; TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF THE LOCKHART NATIONAL GUARD ARMORY TO THE TOWN OF LOCKHART; AND TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER THE OWNERSHIP OF THE JONESVILLE NATIONAL GUARD ARMORY TO THE TOWN OF JONESVILLE.

(R200, S. 618 (Word version)) -- Senators Alexander, Setzler, Short, Verdin and Knotts: AN ACT TO ENACT THE STATE RETIREMENT SYSTEM PRESERVATION AND INVESTMENT REFORM ACT BY AMENDING SECTIONS 8-11-620, AS AMENDED, AND 9-1-2210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LUMP-SUM PAYMENTS FOR UNUSED ANNUAL LEAVE FOR STATE EMPLOYEES AND THE TEACHER AND EMPLOYEE RETENTION INCENTIVE PROGRAM (TERI), SO AS TO DEFER THE LUMP-SUM PAYMENT OF UNUSED ANNUAL LEAVE FOR TERI PARTICIPANTS UNTIL THE TERMINATION OF TERI PARTICIPATION AND REVISE THE CALCULATION OF THE RETIREMENT BENEFIT FOR TERI PARTICIPANTS, PROVIDE FOR THE RECALCULATION OF THAT BENEFIT AT THE END OF TERI PARTICIPATION, AND REQUIRE TERI PARTICIPANTS TO MAKE SOUTH CAROLINA RETIREMENT SYSTEM (SCRS) EMPLOYEE CONTRIBUTIONS; TO ELIMINATE A LUMP-SUM PAYMENT FOR UNUSED ANNUAL LEAVE FOR RETIRED REEMPLOYED STATE EMPLOYEES; BY AMENDING SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, SO AS TO EXEMPT TERI PARTICIPANTS, REEMPLOYED STATE


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EMPLOYEES RETIRED FROM THE SCRS, AND THE CHIEF INVESTMENT OFFICER AND EMPLOYEES OF THE STATE RETIREMENT SYSTEM INVESTMENT COMMISSION ESTABLISHED BY THIS ACT; BY AMENDING SECTION 9-1-1020, AS AMENDED, RELATING TO EMPLOYEE CONTRIBUTIONS TO SCRS, SO AS TO INCREASE CONTRIBUTIONS; BY ADDING SECTION 9-1-1175 SO AS TO INCREASE SCRS EMPLOYER CONTRIBUTIONS; BY AMENDING SECTION 9-20-50, AS AMENDED, RELATING TO EMPLOYER AND EMPLOYEE CONTRIBUTIONS FOR PURPOSES OF THE STATE OPTIONAL RETIREMENT PROGRAM, SO AS TO CONFORM EMPLOYER CONTRIBUTIONS TO THE PROVISIONS OF SECTION 9-1-1175, AS ADDED BY THIS ACT; BY REPEALING SECTIONS 9-1-1200 AND 9-1-1220, RELATING TO SCRS EMPLOYER CONTRIBUTIONS; BY AMENDING SECTION 9-1-1770, AS AMENDED, RELATING TO THE SCRS DEATH BENEFIT, SO AS TO PROVIDE FOR COVERAGE FOR A RETIRED SCRS CONTRIBUTING MEMBER; BY AMENDING SECTION 9-1-1790, AS AMENDED, RELATING TO RETURN TO COVERED EMPLOYMENT OF SCRS RETIREES, SO AS TO ELIMINATE THE EARNINGS LIMIT, REDUCE THE PERIOD OF THE REQUIRED BREAK IN SERVICE, AND TO REQUIRE SCRS RETIREES IN COVERED EMPLOYMENT TO MAKE EMPLOYEE CONTRIBUTIONS; BY AMENDING SECTION 9-1-1810, AS AMENDED, RELATING TO SCRS BENEFIT COST-OF-LIVING ADJUSTMENTS, SO AS TO REQUIRE AN ANNUAL BENEFIT INCREASE EQUAL TO THE LESSER OF ONE PERCENT OR THE INCREASE IN THE CONSUMER PRICE INDEX AND PROVIDE THOSE CIRCUMSTANCES WHERE AN ADDITIONAL INCREASE, NOT TO EXCEED A TOTAL INCREASE OF FOUR PERCENT, MAY BE GRANTED; BY AMENDING SECTIONS 9-11-90 AND 9-11-120, BOTH AS AMENDED, RELATING TO THE RETURN OF RETIREES OF THE SOUTH CAROLINA POLICE OFFICER RETIREMENT SYSTEM (SCPORS) TO COVERED EMPLOYMENT AND THE PRERETIREMENT DEATH BENEFIT FOR SCPORS, SO AS TO REQUIRE SCPORS RETIREES IN COVERED EMPLOYMENT TO MAKE EMPLOYEE CONTRIBUTIONS AND PROVIDE FOR DEATH BENEFIT COVERAGE FOR A RETIRED SCPORS CONTRIBUTING MEMBER; BY AMENDING SECTIONS 9-1-10, AS AMENDED,

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9-9-10, AS AMENDED, 9-11-10, AS AMENDED, AND 9-11-30, RELATING TO DEFINITIONS FOR PURPOSES OF SCRS, SCPORS, AND THE GENERAL ASSEMBLY RETIREMENT SYSTEM AND THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD WITH RESPECT TO SCPORS, SO AS TO ELIMINATE THE DISABILITY RETIREMENT MEDICAL BOARD AND PROVIDE FOR THE INTERPRETATION OF REFERENCES TO "MEDICAL BOARD"; BY REPEALING SECTIONS 9-1-220 AND 9-9-35, RELATING TO THE DISABILITY MEDICAL BOARD UNDER SCRS AND SCPORS; BY AMENDING SECTION 9-1-1310, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD AS TRUSTEE AND INVESTOR OF EQUITY-SECURITY ASSETS OF THE VARIOUS STATE RETIREMENT SYSTEMS, SO AS TO PROVIDE THAT THE BOARD SHALL SERVE AS TRUSTEE OF THESE SYSTEMS WITH ALL RESPONSIBILITIES FOR INVESTING ASSETS IN THE RETIREMENT SYSTEM INVESTMENT COMMISSION ESTABLISHED BY THIS ACT, PROVIDE THE INVESTMENTS ALLOWED FOR THESE ASSETS, AND PROVIDE THAT THESE ASSETS ARE NOT FUNDS OF THE STATE BUT ARE INSTEAD HELD IN TRUST AND SUBJECT TO THE MANAGEMENT AND INVESTING OF THE COMMISSION; BY AMENDING SECTION 9-1-1340, RELATING TO CONFLICTS OF INTEREST, SO AS TO CONFORM IT TO THE PROVISIONS OF THIS ACT; BY REPEALING SECTIONS 9-8-160, 9-9-150, AND 9-11-240, RELATING TO THE INVESTMENT OF FUNDS AND DUTIES OF THE STATE BUDGET AND CONTROL BOARD WITH RESPECT TO VARIOUS STATE RETIREMENT SYSTEMS; BY AMENDING ARTICLES 1 AND 3, CHAPTER 16 OF TITLE 9, RELATING TO THE DUTIES OF TRUSTEE, FIDUCIARIES, AND AGENTS FOR PURPOSES OF THE VARIOUS STATE RETIREMENT SYSTEMS AND THE ASSETS OF THE SYSTEMS AND THE INVESTMENT OF THE ASSETS OF THESE SYSTEMS, SO AS TO REVISE THE DUTIES OF THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL (SRSIP) AND ESTABLISH THE STATE RETIREMENT SYSTEM INVESTMENT COMMISSION (SRSIC), PROVIDE FOR ITS MEMBERSHIP, AND ITS DUTIES AS THE ENTITY CHARGED WITH THE INVESTMENT OF ALL ASSETS OF THE VARIOUS STATE RETIREMENT SYSTEMS, ITS EMPLOYMENT OF A CHIEF INVESTMENT OFFICER AND OTHER EMPLOYEES AND AGENTS, PROVIDE FOR THE COMMISSION'S

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FIDUCIARY STATUS AND THE FIDUCIARY STATUS OF ITS MEMBERS, THE CHIEF INVESTMENT OFFICER, AND ITS AGENTS, AND PROVIDE ADDITIONAL STANDARDS OF CONDUCT APPLICABLE TO THESE FIDUCIARIES AND SANCTIONS FOR VIOLATIONS, TO CONFORM EXISTING PROVISIONS RELATING TO FIDUCIARY DUTIES, RESPONSIBILITY FOR INVESTING, AND THE ANNUAL INVESTMENT PLAN, INCLUDING REPORTING REQUIREMENTS FOR THE ASSETS OF THE RETIREMENT SYSTEM AND THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD AS TRUSTEE AND THE DUTIES OF SRSIC AS INVESTOR-FIDUCIARY OF SYSTEM ASSETS TO THE PROVISIONS OF THIS ACT, TO REVISE THE ANNUAL INVESTMENT PLAN REQUIREMENTS WITH RESPECT TO MAXIMUM ASSET ALLOCATION TO EQUITY SECURITIES AND BROKERAGE TRANSACTIONS, AND TO PROVIDE THAT THE SRSIC SHALL STRIVE FOR MINORITY REPRESENTATION IN HIRING AND PROCUREMENT, BY EXPRESSING THE INTENT OF THE GENERAL ASSEMBLY THAT SRSIC MAXIMIZE THE RETURN ON SYSTEM ASSETS; BY AMENDING SECTION 30-4-70, AS AMENDED, RELATING TO MEETINGS WHICH MAY BE CLOSED TO THE PUBLIC, SO AS TO CONFORM IT TO THE ESTABLISHMENT OF THE SRSIC, AND TO PROVIDE EFFECTIVE DATES AS TO THE TIMES THE VARIOUS PROVISIONS OF THIS ACT TAKE EFFECT AND HOW THESE PROVISIONS AFFECT PARTICULAR GROUPS OF EMPLOYEES AND RETIREES, TO PROVIDE TRANSITION PROVISIONS, AND TO MAKE THE PROVISIONS OF THIS ACT SEVERABLE.

(R201, S. 659 (Word version)) -- Senators Campsen, Scott, Alexander, Ryberg, J. V. Smith, Mescher, Drummond, Knotts, Malloy, Bryant, Elliott, Grooms, Cromer, Hutto, Sheheen, Pinckney, Verdin, Short, Leventis, Hawkins, Fair, O'Dell, McGill and Peeler: AN ACT TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO REVISE THE PROCEDURES TO RENEW A CONCEALABLE WEAPONS PERMIT; AND TO AMEND CHAPTER 31, TITLE 23, RELATING TO FIREARMS, BY ADDING ARTICLE 8 SO AS TO PROVIDE CERTAIN DEFINITIONS, TO PROVIDE THAT AN AGENCY OR


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DEPARTMENT MUST ISSUE AN IDENTIFICATION CARD TO A PERSON WHO RETIRED FROM THAT AGENCY OR DEPARTMENT WHO IS A QUALIFIED RETIRED LAW ENFORCEMENT OFFICER, TO ALLOW THESE RETIRED OFFICERS TO CARRY A CONCEALED WEAPON UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT AN AGENCY OR DEPARTMENT THAT DOES NOT COMPLY WITH THIS PROVISION OF THIS SECTION IS NOT ELIGIBLE TO RECEIVE CERTAIN GRANTS AND IS NOT ENTITLED TO SEND INDIVIDUALS FOR TRAINING AND EDUCATION AT THE STATE CRIMINAL JUSTICE ACADEMY, TO PROVIDE THAT A REASONABLE FEE MAY BE CHARGED FOR THE ISSUANCE OF THE IDENTIFICATION CARD AND THAT AN AGENCY OR DEPARTMENT MUST PROVIDE THE RETIRED OFFICER THE OPPORTUNITY TO QUALIFY TO CARRY A FIREARM.

(R202, H. 3296 (Word version)) -- Reps. Harrell, Wilkins, Leach, Lucas, Bales, G.R. Smith, J.R. Smith, Vaughn, Battle, Cobb-Hunter, Neilson, Clark, Skelton, Kirsh, Moody-Lawrence, Rice, Harrison, Haley, Harvin, Young, Cotty, Mack, J.E. Smith, Taylor, Clemmons, Tripp, Chalk, Breeland, Limehouse, Altman, Bailey, Ballentine, Barfield, Bingham, Ceips, Chellis, Dantzler, Delleney, Duncan, Frye, Hagood, Hardwick, Herbkersman, Hinson, Huggins, Jennings, Littlejohn, Martin, McGee, Norman, Ott, Perry, E.H. Pitts, Scarborough, Sinclair, D.C. Smith, Stewart, Toole, Townsend, Umphlett, Walker, Witherspoon, Brady, Mahaffey and R. Brown: AN ACT TO AMEND SECTION 12-28-1555, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE USE OF DYED MOTOR VEHICLE FUELS UNDER CERTAIN CIRCUMSTANCES, AND PENALTIES ASSOCIATED WITH VIOLATIONS OF THIS SECTION, SO AS TO PROVIDE THAT ALL FINES IMPOSED PURSUANT TO THIS SECTION MUST BE PLACED IN THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO AMEND SECTION 12-28-2355, AS AMENDED, RELATING TO BOTH THE INSPECTION FEE AND THE ENVIRONMENTAL IMPACT FEE CHARGED ON PETROLEUM PRODUCTS, SO AS TO PROVIDE THAT AFTER JUNE 30, 2005, TEN PERCENT OF THE INSPECTION FEE MUST BE TRANSMITTED TO THE DEPARTMENT OF REVENUE FOR CERTAIN PURPOSES AND THE REMAINDER OF THE FEE MUST BE PLACED IN THE


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DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO AMEND SECTION 12-28-2910, AS AMENDED, RELATING TO THE FUNDING AND FUNCTIONS OF THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO PROVIDE THAT ITS FUNDING PROVIDED FROM A PORTION OF THE GASOLINE USER FEE SHALL BE ELIMINATED OVER A THREE-YEAR PERIOD AND CREDITED TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO ADD SECTION 12-28-2915 SO AS TO PROVIDE THAT A PORTION OF THE TAXES ASSESSED AGAINST ELECTRIC POWER MUST BE PLACED IN THE ACCOUNT FOR ECONOMIC DEVELOPMENT AND A PORTION MUST BE CREDITED TO THE DEPARTMENT OF TRANSPORTATION FOR CERTAIN PURPOSES; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO THE ISSUANCE OF A BEGINNER'S PERMIT, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF A BEGINNER'S PERMIT MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED PURSUANT TO THE ISSUANCE OF A DRIVER'S LICENSE MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-1-200, AS AMENDED, RELATING TO OBTAINING A DUPLICATE OF A LOST OR DESTROYED DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED PURSUANT TO THE ISSUANCE OF A DUPLICATE DRIVER'S LICENSE MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-1-390, AS AMENDED, RELATING TO THE FEE CHARGED FOR THE REINSTATEMENT OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE PORTION OF THESE FEES THAT IS PLACED IN THE GENERAL FUND OF THE STATE MUST BE TRANSFERRED FROM THE GENERAL FUND

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OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-1-740, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE AND THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE PORTION OF THE FEES COLLECTED FROM THE ISSUANCE OF SPECIAL RESTRICTED DRIVER'S LICENSES THAT IS PLACED IN THE GENERAL FUND OF THE STATE MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-1-2090, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF COMMERCIAL DRIVER'S LICENSES MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-3-910, AS AMENDED, RELATING TO THE DISPOSITION OF CERTAIN MOTOR VEHICLE REGISTRATION AND LICENSING FEES AND PENALTIES, SO AS TO PROVIDE THESE FEES AND PENALTIES MUST BE CREDITED TO THE DEPARTMENT OF TRANSPORTATION WHICH MUST MAKE AN ANNUAL CONTRIBUTION FROM NONSTATE TAX SOURCES TO THE STATE HIGHWAY ACCOUNT OF THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK UNDER CERTAIN CONDITIONS; TO ADD SECTION 57-5-1625 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY AWARD HIGHWAY CONSTRUCTION CONTRACTS USING A DESIGN-BUILD PROCEDURE, AND TO PROVIDE THE CONTRACT SELECTION CRITERIA; TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO REVENUES RECEIVED

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BY THE DEPARTMENT OF TRANSPORTATION FOR ITS OPERATION, SO AS TO PROVIDE THAT THESE FUNDS MUST BE PLACED IN EITHER THE "STATE HIGHWAY FUND" OR THE "STATE NON-FEDERAL AID HIGHWAY FUND", AND TO PROVIDE THAT INTEREST INCOME FROM THE NON-FEDERAL AID HIGHWAY FUND MUST BE DEPOSITED TO THE CREDIT OF THE NON-FEDERAL AID HIGHWAY FUND; AND TO PROVIDE A DECLINING SCHEDULE OF PAYMENTS FOR THE DEPARTMENT OF TRANSPORTATION'S COST OF ADMINISTRATION.

(R203, H. 3373 (Word version)) -- Reps. W.D. Smith, Walker, Sinclair, Davenport, Littlejohn, Mahaffey and Talley: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION ADJACENT TO INTERSTATE HIGHWAY 26, INTERSTATE HIGHWAY 85, AND INTERSTATE HIGHWAY 585 IN SPARTANBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.

(R204, H. 3813 (Word version)) -- Rep. Harrell: AN ACT TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 SO AS TO ESTABLISH UNDER THE ADMINISTRATION OF THE RETIREMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD THE NATIONAL GUARD RETIREMENT SYSTEM FORMERLY ADMINISTERED BY THE ADJUTANT GENERAL AND PROVIDE FOR THE ADMINISTRATION OF AND ASSET INVESTMENT OF THE NATIONAL GUARD RETIREMENT SYSTEM IN THE MANNER THAT OTHER STATE RETIREMENT SYSTEMS ARE ADMINISTERED AND THEIR ASSETS INVESTED; TO AMEND SECTION 9-1-310, RELATING TO PAYING THE ADMINISTRATIVE COSTS OF THE VARIOUS STATE RETIREMENT SYSTEMS, SO AS TO INCLUDE THE NATIONAL GUARD RETIREMENT SYSTEM FOR PURPOSES OF ADMINISTRATIVE COSTS; TO AMEND SECTION 9-21-20, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEMS CLAIMS PROCEDURES ACT, SO AS TO MAKE CONFORMING AMENDMENTS WITH RESPECT TO THE NATIONAL GUARD RETIREMENT SYSTEM AND TO INCLUDE THE OPTIONAL RETIREMENT PROGRAM


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IN APPROPRIATE DEFINITIONS; TO AMEND SECTION 9-16-10, RELATING TO DEFINITIONS FOR PURPOSES OF MANAGING AND INVESTING THE FUNDS OF THE VARIOUS STATE RETIREMENT SYSTEMS, SO AS TO INCLUDE THE NATIONAL GUARD RETIREMENT SYSTEM IN THE APPROPRIATE DEFINITION; AND TO REPEAL ARTICLE 23, CHAPTER 1, TITLE 25 OF THE 1976 CODE RELATING TO NATIONAL GUARD PENSIONS UNDER THE ADMINISTRATION OF THE ADJUTANT GENERAL.

(R205, H. 3847 (Word version)) -- Rep. Harrell: AN ACT TO AMEND SECTION 11-11-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CAPITAL RESERVE FUND, SO AS TO REVISE WHEN APPROPRIATIONS FROM THE CAPITAL RESERVE FUND TAKE EFFECT; BY ADDING SECTION 11-11-335 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2005, SURPLUS GENERAL FUND REVENUES FOR ANY FISCAL YEAR NOT OTHERWISE OBLIGATED AND APPROPRIATIONS TO THE CAPITAL RESERVE FUND ARE DEEMED TO HAVE OCCURRED AND ARE AVAILABLE FOR EXPENDITURE AFTER SEPTEMBER FIRST OF THE NEXT FISCAL YEAR AND AFTER THE STATE'S FINANCIAL BOOKS FOR THE PREVIOUS FISCAL YEAR HAVE BEEN CLOSED; BY ADDING SECTION 11-11-345 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2006, IF THE COMPTROLLER GENERAL DETERMINES UPON THE CLOSING OF THE STATE'S FINANCIAL BOOKS FOR A FISCAL YEAR THAT THE STATE HAS A NEGATIVE GENERALLY ACCEPTED ACCOUNTING PRINCIPLES FUND BALANCE (GAAP FUND DEFICIT), ANY APPROPRIATIONS CONTAINED IN A GENERAL OR SUPPLEMENTAL APPROPRIATIONS ACT WHICH EXPENDS SURPLUS GENERAL FUND REVENUES OR IN A CAPITAL RESERVE FUND APPROPRIATIONS ACT TO BE EFFECTIVE DURING THE NEXT FISCAL YEAR ARE SUSPENDED AND MUST BE USED TO THE EXTENT NECESSARY TO OFFSET THE GAAP FUND DEFICIT IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE; BY ADDING SECTION 11-11-350 SO AS TO PROVIDE THAT EACH STATE AGENCY, DEPARTMENT, INSTITUTION, OR ENTITY RECEIVING IN THE AGGREGATE ONE PERCENT OR MORE OF THE STATE'S GENERAL FUND APPROPRIATIONS FOR ANY FISCAL YEAR


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SHALL PROVIDE TO THE OFFICE OF STATE BUDGET AN ESTIMATE OF ITS PLANNED GENERAL FUND EXPENDITURES FOR THE NEXT THREE FISCAL YEARS, AND TO PROVIDE THAT THIS DATA, IN CONJUNCTION WITH THE BOARD OF ECONOMIC ADVISORS' LONG-TERM REVENUE ESTIMATE, SHALL BE COMPILED BY THE OFFICE OF STATE BUDGET INTO A THREE-YEAR FINANCIAL PLAN THAT WILL ASSIST THE STATE IN DETERMINING AND PLANNING FOR ITS LONG-TERM FINANCIAL COMMITMENTS; TO AMEND SECTION 12-36-2120, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO REQUIRE THE FUNDS RECEIVED AS REVENUE FROM THE SALE OF CERTAIN MATERIALS OR REIMBURSEMENTS FOR THE COST OF PROVIDING CERTAIN SUPPLIES MUST BE REMITTED TO THE STATE TREASURER AS COLLECTED, AND TO PROVIDE FOR A RETROACTIVE EFFECT OF THIS PROVISION TO JULY 1, 2003, AND TO PROVIDE THAT BEGINNING JULY 1, 2006, THE FIRST TEN PERCENT OF ANY SURPLUS GENERAL FUND REVENUES MUST BE APPLIED TO FULLY RESTORE ALL FUNDS PREVIOUSLY TRANSFERRED AND APPROPRIATED FROM ANY EARMARKED OR RESTRICTED ACCOUNTS IN THE STATEWIDE ACCOUNTING AND REPORTING SYSTEM (STARS), AND TO FURTHER IDENTIFY SUCH ACCOUNTS AND PROVIDE PROCEDURES FOR THIS RESTORATION.

(R206, H. 3905 (Word version)) -- Rep. Chellis: AN ACT TO AMEND CHAPTER 7 OF TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE AUDITOR, SO AS TO FURTHER PROVIDE FOR THE RESPONSIBILITIES, DUTIES, AND OVERSIGHT FUNCTIONS OF THE STATE AUDITOR INCLUDING THE USE OF INDEPENDENT ACCOUNTING FIRMS AND GENERALLY ACCEPTED AUDITING STANDARDS TO PERFORM AUDITS OF STATE AGENCIES AND ENTITIES, THE STATE'S FINANCIAL STATEMENTS, FEDERAL PROGRAM COMPLIANCE, AND LOCAL GOVERNMENT COMPLIANCE IN COLLECTING AND REMITTING FINES, AND TO PROVIDE FOR DISSEMINATION OF AUDIT REPORTS, INDEPENDENCE AND OBJECTIVITY OF THE AUDIT FUNCTION, AND THE USE OF A CERTIFIED PUBLIC ACCOUNTING FIRM TO CONDUCT A PORTION OF THE AUDIT OF THE STATE'S COMPREHENSIVE ANNUAL FINANCIAL REPORT, THE COST OF WHICH IS


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SHARED EQUITABLY AMONG STATE AGENCIES; TO AMEND SECTIONS 1-11-20, RELATING TO DIVISIONS OF THE BUDGET AND CONTROL BOARD; 2-7-62 AND 2-7-69, BOTH RELATING TO REPORTS MADE IN CONNECTION WITH THE CONSIDERATION OF THE GENERAL APPROPRIATION ACT; 8-11-135, AS AMENDED, RELATING TO PAYMENT OF MOVING EXPENSES OF NEW STATE EMPLOYEES; 10-1-140, AS AMENDED, AND 10-3-30, BOTH RELATING TO PUBLIC BUILDINGS AND PROPERTY; 11-9-110 AND 11-9-125, AS AMENDED, BOTH RELATING TO USE OF CONTRIBUTED FUNDS; 11-11-420, RELATING TO CERTIFICATION OF COMPLIANCE WITH STATE PERMANENT EMPLOYEES LIMITATION; 11-35-40, AS AMENDED, RELATING TO THE STATE CONSOLIDATED PROCUREMENT CODE; 11-39-50, RELATING TO OIL OVERCHARGE FUNDS; 11-49-100, RELATING TO REPORTING BY THE TOBACCO SETTLEMENT REVENUE MANAGEMENT AUTHORITY; 12-28-2725, AS AMENDED, RELATING TO THE AUDIT OF THE STATE'S REGIONAL TRANSIT AUTHORITIES; 20-7-5020 AND 20-7-9710, AS AMENDED, BOTH RELATING TO THE BOARDS OF TRUSTEES OF THE CHILDREN'S TRUST FUND AND FIRST STEPS TO SCHOOL READINESS, RESPECTIVELY; 23-47-50, AS AMENDED, AND 23-47-65, AS AMENDED, BOTH RELATING TO THE EMERGENCY TELEPHONE SYSTEM; 25-21-20, AS AMENDED, RELATING TO THE VETERANS' TRUST FUND; 38-79-470, RELATING TO THE MEDICAL MALPRACTICE FUND; 43-33-320, RELATING TO THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC.; 44-96-165, RELATING TO SOLID WASTE TRUST FUNDS; 46-17-380, RELATING TO THE AGRICULTURAL COMMODITIES MARKETING BOARD; 48-5-160, AS AMENDED, RELATING TO THE WATER QUALITY REVOLVING FUND AUTHORITY; 49-6-20, AS AMENDED, RELATING TO THE AQUATIC PLANT MANAGEMENT TRUST FUND; 50-3-760, AS AMENDED, 50-3-950, AND 50-11-20, AS AMENDED, ALL RELATING TO FUNDS ESTABLISHED IN THE DEPARTMENT OF NATURAL RESOURCES; 52-5-110, RELATING TO THE SPRINGDALE FUND; 56-10-660, RELATING TO THE DISCLOSURE OF MOTOR VEHICLE INSURANCE DATABASE INFORMATION; 59-2-100, RELATING TO THE SOUTH CAROLINA INVESTMENT PROGRAM; 59-4-70, RELATING TO

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THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM; 59-109-170, RELATING TO THE EDUCATIONAL FACILITIES AUTHORITY; AND 59-150-90 AND 59-150-320, BOTH RELATING TO THE EDUCATION LOTTERY COMMISSION, ALL SO AS TO CONFORM THOSE SECTIONS TO, AND OTHERWISE TO REFLECT THE CHANGES TO, THE STATE AUDITOR'S DUTIES AS DESCRIBED IN CHAPTER 7 OF TITLE 11; TO AMEND SECTION 4-9-150, AS AMENDED, RELATING TO AUDITS OF COUNTY RECORDS, SO AS TO ALLOW THE COUNTY TO DESIGNATE AN ACCOUNTANT FOR THREE YEARS WITHOUT A BID; TO REPEAL SECTION 1-7-408, RELATING TO THE REPORTING OF EXPENDITURES BY A COUNTY SOLICITOR, AND SECTION 51-22-40, RELATING TO AN AUDIT OF THE LEGACY TRUST FUND; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO INCLUDE THE GROSS PROCEEDS FROM THE SALES OF SWEETGRASS BASKETS.

(R207, H. 3006 (Word version)) -- Reps. Wilkins, Harrell, W.D. Smith, J. Brown, Cato, Chellis, Harrison, Townsend, Witherspoon, Bailey, G.R. Smith, Vaughn, Davenport, Sandifer, Barfield, Young, Owens, Kirsh, Leach, E.H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Rice, Hinson, Clark, Walker, Bales, Cobb-Hunter, Simrill, Chalk, Duncan, Stewart, Talley, Harvin, J.E. Smith, Altman, Skelton, Mahaffey, Vick, Hagood, Martin, Neilson and Bowers: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-60 SO AS TO PROVIDE FOR DETERMINATION OF A NEXUS WITH THIS STATE FOR PURPOSES OF INCOME TAX AND CORPORATE LICENSE FEE IN CONNECTION WITH A DISTRIBUTION FACILITY AND TO DEFINE "DISTRIBUTION FACILITY"; BY ADDING SECTION 12-36-2690 SO AS TO PROVIDE FOR DETERMINATION OF A NEXUS WITH THIS STATE FOR SALES AND USE TAX PURPOSES IN CONNECTION WITH A DISTRIBUTION FACILITY AND TO DEFINE "DISTRIBUTION FACILITY"; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOBS TAX CREDIT, SO AS TO ALLOW THE CREDIT TO A TAXPAYER WHO EMPLOYS NINETY-NINE OR FEWER EMPLOYEES AND WHO INCREASES EMPLOYMENT BY TWO, INSTEAD OF TEN, NEW FULL-TIME JOBS AND TO INCLUDE FURTHER GUIDELINES FOR


Printed Page 4858 . . . . . Tuesday, June 14, 2005

DETERMINING THE AMOUNT OF THE CREDIT; AND TO MAKE THIS ACT APPLICABLE TO TAXABLE YEARS BEGINNING JANUARY 1, 2006; BY ADDING ARTICLE 10 TO CHAPTER 37 OF TITLE 33 SO AS TO ESTABLISH A CAPITAL ACCESS PROGRAM PROVIDING FOR FLEXIBILITY IN THE MAKING OF LOANS BY FINANCIAL INSTITUTIONS TO SMALL BUSINESSES WHO FAIL TO QUALIFY FOR CONVENTIONAL OR OTHER GUARANTEED OR ASSISTED FINANCING, AND TO PROVIDE FOR FUNDING OF A LOAN LOSS RESERVE TO REPAY PARTICIPATING FINANCIAL INSTITUTIONS WHO SUFFER A LOSS ON A LOAN, ADMINISTRATION OF THE PROGRAM BY BUSINESS DEVELOPMENT CORPORATION OF SOUTH CAROLINA, GUIDELINES FOR SELECTING LOAN RECIPIENTS, RECORDKEEPING AND REPORTING, AND DISTRIBUTION OF RESERVE FUNDS UPON TERMINATION OF INSTITUTIONAL PARTICIPATION OR THE CAPITAL ACCESS PROGRAM ITSELF; TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LIMITATIONS ON A LOAN TO A CORPORATION BY A MEMBER, SO AS TO PROVIDE FOR REFERENCE TO THE LOAN CALL AGREEMENT AND TO DISALLOW A LOAN WHICH RESULTS IN OBLIGATIONS THAT EXCEED TEN TIMES THE GREATER OF THE NET WORTH OF THE CORPORATION OR THE AMOUNT PAID IN ON OUTSTANDING CAPITAL STOCK; TO AMEND SECTION 33-37-465, RELATING TO A SHORT-TERM LOAN TO A CORPORATION BY A MEMBER, SO AS TO PROVIDE THAT THE LIMITATIONS AND RESTRICTIONS DO NOT APPLY TO A SHORT-TERM LOAN; AND TO PROVIDE FOR A FIVE-YEAR SUNSET PROVISION FOR TAX INCENTIVES ENACTED.

RATIFICATION OF ACTS

At 12:00 p.m. on June 7, 2005, the House attended in the Senate Chamber, where the following Acts were duly ratified:

(R208, S. 736 (Word version)) -- Senators Ryberg and Peeler: AN ACT TO AMEND SECTION 56-3-7780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF "VIETNAM WAR VETERANS" SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT ONLY VIETNAM WAR VETERANS WHO SERVED ON ACTIVE DUTY AT ANYTIME DURING THE


Printed Page 4859 . . . . . Tuesday, June 14, 2005

PERIOD OF FEBRUARY 28, 1961 TO MAY 7, 1975, AND WHO CAN PROVIDE CERTAIN OFFICIAL DOCUMENTATION TO THE DEPARTMENT OF MOTOR VEHICLES THAT VERIFIES THEIR SERVICE MAY BE ISSUED THIS SPECIAL LICENSE PLATE; TO AMEND SECTION 56-3-8800, RELATING TO THE ISSUANCE OF WORLD WAR II VETERANS SPECIAL LICENSE PLATES, SO AS TO DELETE THE PROVISION THAT REQUIRES THAT THE DEPARTMENT OF MOTOR VEHICLES RECEIVES A CERTAIN NUMBER OF PREPAID APPLICATIONS FOR THIS SPECIAL LICENSE PLATE OR A DEPOSIT FROM THE INDIVIDUAL OR ORGANIZATION SEEKING THE ISSUANCE OF THIS LICENSE PLATE AND A PLAN TO MARKET THE SALE OF THIS LICENSE PLATE BEFORE IT PRODUCES AND DISTRIBUTES THIS LICENSE PLATE, AND THE PROVISION THAT REQUIRES THE DEPARTMENT NOT TO PRODUCE ADDITIONAL LICENSE PLATES IN THIS SERIES IF IT RECEIVES LESS THAN THREE HUNDRED BIENNIAL INITIAL OR RENEWAL APPLICATIONS FOR THIS LICENSE PLATE; TO AMEND CHAPTER 3, TITLE 56, BY ADDING ARTICLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF UNITED STATES ARMED SERVICES SPECIAL LICENSE PLATES; TO AMEND SECTION 56-3-9600, RELATING TO THE ISSUANCE OF "NO MORE HOMELESS PETS" SPECIAL LICENSE PLATES, SO AS TO SUBSTITUTE THE TERM "SOUTH CAROLINA DEPARTMENT OF AGRICULTURE" FOR THE TERM "STATE VETERINARIAN".

(R209, H. 3741 (Word version)) -- Reps. Ballentine, Wilkins, Harrell, Merrill, Ott, Hinson, Mack, Bowers, Taylor, Sinclair, Bales, Norman, Martin, Rutherford, Funderburk, Hiott, Cotty, Harrison, Haley, Govan, Scott, Vick, McGee, Anderson, Hardwick, Frye, W.D. Smith, Leach, J.H. Neal, G.R. Smith, Huggins, Skelton, McLeod, Cato, Witherspoon, Clemmons, Clark, Agnew, Barfield, Bingham, Brady, Branham, J. Brown, Ceips, Chalk, Cobb-Hunter, Cooper, Duncan, Herbkersman, Howard, Jefferson, Mahaffey, Neilson, Owens, Parks, Pinson, E.H. Pitts, M.A. Pitts, Rice, Sandifer, J.E. Smith, Talley, Thompson, Toole, Townsend, White, Umphlett, Allen, Simrill and Bailey: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-200 SO AS TO ESTABLISH WITHIN THE DIVISION OF AGING THE STATE LOAN REPAYMENT PROGRAM, TO REIMBURSE THE STUDENT LOAN PAYMENTS OF PHYSICIANS COMPLETING


Printed Page 4860 . . . . . Tuesday, June 14, 2005

FELLOWSHIPS IN GERIATRICS OR GEROPSYCHIATRY, WHO CONTRACT TO PRACTICE IN THIS STATE FOR NO FEWER THAN FIVE CONSECUTIVE YEARS, TO PROVIDE ADDITIONAL ELIGIBILITY QUALIFICATIONS, TO ESTABLISH THE PHYSICIAN ADVISORY BOARD TO ASSIST THE DIVISION IN REVIEWING APPLICATIONS AND PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES, TO ESTABLISH A LIMIT ON PARTICIPATING PHYSICIANS SUBJECT TO AVAILABLE FUNDING AND PROVIDE AN ANNUAL AND OVERALL LIMIT OF AMOUNTS THAT MAY BE REIMBURSED, TO PROVIDE A PENALTY FOR FAILURE TO COMPLETE THE PROGRAM CONTRACT, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL APPROPRIATE FUNDS FOR THE PROGRAM IN THE ANNUAL GENERAL APPROPRIATIONS ACT.

HOUSE RESOLUTION

The following was introduced:

H. 4282 (Word version) -- Reps. Townsend, 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, 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, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO CONGRATULATE EDWIN J. ZOBEL ON THE OCCASION OF HIS LAST LEGISLATIVE SESSION AS AN EMPLOYEE OF THE STATE BOARD FOR TECHNICAL AND


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COMPREHENSIVE EDUCATION AND TO WISH HIM IMMENSE HAPPINESS IN HIS RETIREMENT.

Whereas, Edwin J. "Ed" Zobel has represented the State Board for Technical and Comprehensive Education at the State House since 1974, and for thirty-one years he has been a valued colleague and friend to many; and

Whereas, during his time with the Technical College System, technical colleges have grown to enroll nearly half of all public higher education undergraduates; and

Whereas, he has served as a valued resource to legislators and staff on issues related to technical education and South Carolina's workforce education efforts; and

Whereas, he has worked closely with others in the higher education community, serving several terms as Chairman of the Higher Education Legislative Liaison Organization where he was instrumental in adding the term "organization" so that it could be called the HELLO group; and

Whereas, Ed has become known as a man who lives life to the fullest and has the stories to prove it; and

Whereas, Ed Zobel was born with a twinkle in his eye longing to tell a humorous story at a moment's notice; and

Whereas, Ed helped bring opera to the State House by asking a lady to sing as one session reached a close; and

Whereas, in addition to his work with the General Assembly, Ed served in the South Carolina Air National Guard, as the Executive Director of the Greater Columbia Community Relations Council, as the Finance Director and Administrative Assistant to Richland County Council, and as the Executive Director of the Capital City Development Foundation, and is a faithful member of Macedonia Lutheran Church; and

Whereas, he will begin his retirement from service to the State of South Carolina on December 31, 2005, and plans to spend more time


Printed Page 4862 . . . . . Tuesday, June 14, 2005

enjoying life with his wife Lee and his sons and daughters-in-law Jay and Rhonda and Steve and Cathy, and hunting, golfing, and fishing with his grandson Josh at their home on Lake Murray; and

Whereas, Ed has tirelessly and faithfully represented the technical colleges for thirty-one years and always has done his best to provide timely, accurate information to the General Assembly. Ed will always be known for his genteel manner, his good humor, and his commitment to excellence. Now, therefore,

Be it further resolved by the House of Representatives:

That the members of the House of Representatives congratulate Edwin J. Zobel on the occasion of his last legislative session as an employee of the State Board for Technical and Comprehensive Education and wish him immense happiness in his retirement.

Be it further resolved that a copy of this resolution be presented to Mr. Edwin J. Zobel.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4283 (Word version) -- Reps. G. M. Smith, Weeks, 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, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp,


Printed Page 4863 . . . . . Tuesday, June 14, 2005

Umphlett, Vaughn, Vick, Viers, Walker, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO COMMEND AND HONOR COLLEEN HOLLAND YATES OF SUMTER UPON RECEIVING THE 2005 MARY MILDRED SULLIVAN AWARD FROM WINTHROP UNIVERSITY AND TO RECOGNIZE HER MANY YEARS AS A POLITICAL AND SOCIAL ACTIVIST.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4284 (Word version) -- Reps. G. M. Smith, Weeks, 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, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. 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, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE DR. BILLY CLOWNEY OF SUMTER FOR BEING NAMED PHYSICIAN OF THE YEAR BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

The Resolution was adopted.


Printed Page 4864 . . . . . Tuesday, June 14, 2005

CONCURRENT RESOLUTION

The following was introduced:

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

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

HOUSE RESOLUTION

The following was introduced:

H. 4286 (Word version) -- Reps. Govan, 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, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE THE REVEREND DONALD E. GREENE, JR., PASTOR OF ANDREW CHAPEL BAPTIST CHURCH IN ORANGEBURG COUNTY, FOR A DECADE OF SERVICE TO HIS CHURCH AND


Printed Page 4865 . . . . . Tuesday, June 14, 2005

COMMUNITY AND WISH FOR HIM CONTINUED SUCCESS IN HIS PASTORAL CALLING.
The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4287 (Word version) -- Reps. Bowers, R. Brown and McLeod: A HOUSE RESOLUTION TO COMMEMORATE THE LIFE AND RECOGNIZE THE PUBLIC SERVICE OF HAROLD WALLACE DEAN, FORMER MAYOR OF WALTERBORO.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4288 (Word version) -- Rep. Pinson: A HOUSE RESOLUTION TO CONGRATULATE THE GREENWOOD CHRISTIAN SCHOOL VARSITY GIRLS SOCCER TEAM FOR WINNING THE 2005 SCISA CLASS A-AA STATE CHAMPIONSHIP.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

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


Printed Page 4866 . . . . . Tuesday, June 14, 2005

WISHES IN ITS FUTURE WORK ON BEHALF OF SOUTH CAROLINIANS.

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

ROLL CALL

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

Agnew                  Allen                  Anderson
Anthony                Bailey                 Bales
Ballentine             Barfield               Bingham
Bowers                 Branham                Breeland
G. Brown               J. Brown               R. Brown
Cato                   Ceips                  Chalk
Chellis                Clemmons               Clyburn
Cobb-Hunter            Coleman                Cooper
Dantzler               Davenport              Delleney
Duncan                 Edge                   Emory
Frye                   Funderburk             Hagood
Haley                  Hamilton               Hardwick
Harrell                Haskins                Herbkersman
M. Hines               Hinson                 Hosey
Howard                 Huggins                Jefferson
Jennings               Kennedy                Kirsh
Leach                  Lee                    Limehouse
Littlejohn             Loftis                 Lucas
Mack                   Mahaffey               McCraw
McGee                  McLeod                 Merrill
Miller                 J. M. Neal             Norman
Ott                    Owens                  Parks
Perry                  Phillips               E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Rivers                 Rutherford             Sandifer
Scarborough            Simrill                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

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Walker                 Weeks                  White
Whitmire               Witherspoon            Young

STATEMENT OF ATTENDANCE

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

Jesse Hines                       Denny Neilson
Kenneth G. Clark                  Lewis E. Pinson
Jackie Hayes                      Joseph Neal
Marty Coates                      Jackson "Seth"  Whipper
Bessie Moody-Lawrence             Jerry Govan
James Harrison                    John Scott

Total Present--114

LEAVE OF ABSENCE

The SPEAKER PRO TEMPORE granted Rep. SCOTT a temporary leave of absence.

LEAVE OF ABSENCE

The SPEAKER PRO TEMPORE granted Rep. ALTMAN a leave of absence for the day due to business reasons.

LEAVE OF ABSENCE

The SPEAKER PRO TEMPORE granted Rep. BRADY a leave of absence for the day due to a meeting in Washington, D.C. along with the Greater Columbia Chamber of Commerce.

LEAVE OF ABSENCE

The SPEAKER PRO TEMPORE granted Rep. HARVIN a leave of absence for the day due to illness.

LEAVE OF ABSENCE

The SPEAKER PRO TEMPORE granted Rep. WILKINS a leave of absence to attend Ambassador School in Washington, D.C.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member


Printed Page 4868 . . . . . Tuesday, June 14, 2005

presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number:   H. 4113 (Word version)
Date:   ADD:
06/14/05   HAYES

CO-SPONSOR REMOVED

Bill Number:   H. 4154 (Word version)
Date:   REMOVE:
06/14/05   PINSON

R. 180, H. 3250--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

June 7, 2005
The Honorable David H. Wilkins
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Dear Mr. Speaker and Members of the House:

I am hereby vetoing and returning without my approval H. 3250 (Word version), R.180.

We believe that the doctor-patient relationship is extremely important and have supported all efforts to strengthen this tie. Specifically, we supported the South Carolina Board of Optometry's request to sign into law new regulations crafted to improve the professional standards in the State.


Printed Page 4869 . . . . . Tuesday, June 14, 2005

However, in the case of H. 3250, while the Bill is well-intended, the penalty seems excessive to the public health risk. The Bill allows the Department of Consumer Affairs to impose up to a $5,000 fine on businesses or individuals who sell non-powered contact lenses without a prescription. The intent of the legislation is to stop the sale of contact lenses that change the color of the iris through a business other than an optometrist or an ophthalmologist. If the lenses are improperly used, there is a possibility of infection or damage to the eye. This can certainly be said for many items sold over-the-counter, and the fines imposed in this case go well above penalties for other legislation designed to save lives.

For instance, the General Assembly also recently passed legislation to require primary enforcement of seat belt usage. The purpose of that legislation is to ultimately save lives in South Carolina. Conversely, the fine imposed in the legislation was $25.00.

The Food and Drug Administration has classified these lenses as cosmetic in nature and not medical devices. As such, they do not necessarily require a medical dispense before they are purchased by an individual. Additionally, no penalty is imposed by a purchaser of such lenses, who could seek out-of-state or online sources to purchase the same item, unregulated in the 42 states that do not impose this requirement. While we would not encourage the purchase or use of such lenses, we do not see the threat to the public well-being as justifying such a stiff penalty.

For the reasons stated above, I am vetoing H. 3250, R.180 and returning it to you without my signature.

Sincerely,
Mark Sanford
Governor

R. 180, H. 3250--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

(R180) H. 3250 (Word version) -- Reps. White, Weeks, Hamilton, Leach, Walker, Davenport, Mahaffey, Young and Allen: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 25 TO TITLE 37 SO AS TO PROVIDE FOR


Printed Page 4870 . . . . . Tuesday, June 14, 2005

LIMITATIONS ON THE DISPENSING OF AN OPHTHALMIC CONTACT LENS OR LENSES WITHOUT A VALID UNEXPIRED PRESCRIPTION FROM A LICENSED DISPENSER, TO PROVIDE MINIMUM REQUIREMENTS FOR THE ISSUANCE OF A PRESCRIPTION, TO PROVIDE FOR A TWELVE MONTH LIMIT ON A PRESCRIPTION FOR CONTACT LENS WITHOUT POWER, AND TO PROVIDE FOR A CIVIL PENALTY FOR A VIOLATION AND ENFORCEMENT BY THE DEPARTMENT OF CONSUMER AFFAIRS.

Rep. WHITE explained the Veto.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 90; Nays 16

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Anthony                Bailey                 Bales
Ballentine             Barfield               Bingham
Bowers                 Branham                Breeland
G. Brown               J. Brown               R. Brown
Cato                   Ceips                  Chalk
Chellis                Clark                  Clemmons
Clyburn                Cobb-Hunter            Dantzler
Davenport              Delleney               Duncan
Edge                   Emory                  Funderburk
Haley                  Hamilton               Hardwick
Haskins                Hayes                  Herbkersman
J. Hines               M. Hines               Hosey
Howard                 Huggins                Jefferson
Jennings               Leach                  Lee
Littlejohn             Loftis                 Lucas
Mack                   Mahaffey               McCraw
McGee                  McLeod                 Miller
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Rivers                 Rutherford             Sandifer

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Skelton                F. N. Smith            G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Talley                 Taylor
Thompson               Toole                  Townsend
Vaughn                 Vick                   Viers
Walker                 Weeks                  White
Whitmire               Witherspoon            Young

Total--90

Those who voted in the negative are:

Frye                   Hagood                 Harrell
Hinson                 Kennedy                Kirsh
Limehouse              Merrill                Norman
Owens                  Scarborough            Simrill
D. C. Smith            Stewart                Tripp
Umphlett

Total--16

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

RECORD FOR VOTING

I was out of the Chamber and intended to vote to override the Governor's veto on H. 3250.

Rep. Marty Coates

R. 183, H. 3383--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

June 7, 2005
The Honorable David H. Wilkins
Speaker of the House of Representatives
State House
Post Office Box 11867
Columbia, South Carolina 29211


Printed Page 4872 . . . . . Tuesday, June 14, 2005

Dear Mr. Speaker and Members of the House:

I am hereby vetoing and returning without my approval H. 3383 (Word version), R. 183, the Fire Protection Sprinkler Systems Act.

My veto is based on one significant objection. This Bill takes the current regulations at the Department of Labor, Licensing and Regulation governing sprinkler system installations and converts those regulations into statute.

This sets an undesirable precedent. The process for promulgating and amending regulations in South Carolina is well established, and is distinct from the process of writing laws. By transforming these regulations into statute, this Bill potentially makes the future process of modifying those regulations more difficult. Allowing this Bill to become law in its current form could encourage other groups to make the same transformation from regulation to statute in future Bills, whether for the sake of convenience or for some other purpose. The eventual result would be overly rigid regulations and statutes that are unmanageably detailed.

The General Assembly usually establishes broad policy direction via statute, and regulatory detail is added through a separate process that involves legislative oversight, as well. It is important not to set a precedent in the opposite direction.

For that reason, I am vetoing this Bill.

Sincerely,
Mark Sanford
Governor

R. 183, H. 3383--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

(R183) H. 3383 (Word version) -- Reps. Loftis, Cato, Leach, Frye, Barfield, Hosey, J. R. Smith and Witherspoon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, TITLE 40 SO AS TO ENACT THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, INCLUDING PROVISIONS TO LICENSE AND REGULATE THE FIRE SPRINKLER SYSTEMS


Printed Page 4873 . . . . . Tuesday, June 14, 2005

INDUSTRY, AND, AMONG OTHER THINGS, TO ESTABLISH LICENSURE AND LICENSURE RENEWAL REQUIREMENTS AND FEES, TO PROVIDE GROUNDS FOR MISCONDUCT AND SANCTIONS FOR MISCONDUCT, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF FIRE SPRINKLER CONTRACTORS AND FIRE SPRINKLER SYSTEMS; TO AMEND SECTION 40-11-10, RELATING TO THE COMPOSITION OF THE SOUTH CAROLINA CONTRACTOR'S LICENSING BOARD, SO AS TO ADD A MEMBER TO THE BOARD WHO IS IN THE BUSINESS OF FIRE SPRINKLER SYSTEMS WORK; AND TO REPEAL CHAPTER 45 OF TITLE 23, RELATING TO FIRE PROTECTION SPRINKLER SYSTEMS ACT.

Rep. CATO explained the Veto.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 101; Nays 5

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Anthony                Bales                  Ballentine
Barfield               Bingham                Bowers
Branham                Breeland               G. Brown
J. Brown               R. Brown               Cato
Ceips                  Chalk                  Chellis
Clark                  Clemmons               Clyburn
Cobb-Hunter            Coleman                Cooper
Dantzler               Davenport              Delleney
Duncan                 Edge                   Emory
Frye                   Funderburk             Hagood
Haley                  Hamilton               Hardwick
Harrell                Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hosey                  Howard
Huggins                Jefferson              Jennings
Kennedy                Kirsh                  Leach
Lee                    Littlejohn             Loftis
Lucas                  Mack                   Mahaffey
McCraw                 McGee                  McLeod

Printed Page 4874 . . . . . Tuesday, June 14, 2005

Merrill                Miller                 J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Rivers
Rutherford             Sandifer               Scarborough
Skelton                D. C. Smith            F. N. Smith
G. R. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Umphlett               Vaughn
Vick                   Viers                  Walker
Weeks                  White                  Whitmire
Witherspoon            Young

Total--101

Those who voted in the negative are:

Limehouse              Norman                 Simrill
G. M. Smith            Stewart

Total--5

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

R. 177, H. 3107--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

June 7, 2005
The Honorable David H. Wilkins
Speaker of the House of Representatives
P.O. Box 11867
Columbia, South Carolina 29201

Dear Mr. Speaker and Members of the House:

I am hereby vetoing and returning without my approval, H. 3107 (Word version), R.177, a Bill which would add two lay members to the State Board of Medical Examiners.

This veto is based on my belief that this legislation blurs the lines between executive and legislative powers and needlessly politicizes the


Printed Page 4875 . . . . . Tuesday, June 14, 2005

State Board of Medical Examiners. The Governor is currently authorized to appoint one lay member to the board. H. 3107 would add two additional lay members to the board that must be appointed "one upon the recommendation of the President Pro Tempore of the Senate and one upon the recommendation of the Speaker of the House of Representatives." This provision infringes upon the power of the executive branch in making appointments. I see this carving out of an inherently executive function for legislative members as harmful on two fronts:

First, the Governor's appointments to this board are already subject to the advice and consent of the Senate. This provision actually weakens the Senate's advice and consent power as it places individual Senators in the awkward position of voting on what is essentially an appointment made by the President Pro Tempore.

Secondly, while the current board may have its detractors, it has generally not been accused of being "political" in nature. This Bill, as amended, threatens to change that perception, as members may be seen, however unfairly, as answering to their particular sponsor. I see that as potentially damaging to the reputation of the board.

For these reasons, I am returning H. 3107 to you without my signature.

Sincerely,
Mark Sanford
Governor

R. 177, H. 3107--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

(R177) H. 3107 (Word version) -- Reps. M. A. Pitts, Viers, Taylor, Mahaffey, Duncan and Umphlett: AN ACT TO AMEND SECTION 40-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO PROVIDE FOR TWO ADDITIONAL LAY MEMBERS OF THE BOARD, AND TO PROVIDE FOR THEIR MANNER OF APPOINTMENT, QUALIFICATIONS, AND TERMS; AND TO ADD SECTION 40-47-155 SO AS TO FURTHER PROVIDE CERTAIN CONDITIONS UNDER WHICH THE BOARD SHALL


Printed Page 4876 . . . . . Tuesday, June 14, 2005

ISSUE A LICENSE TO PRACTICE MEDICINE TO AN APPLICANT.

Rep. M. A. PITTS explained the Veto.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 81; Nays 25

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Anthony                Bailey                 Bales
Barfield               Bingham                Bowers
Branham                Breeland               G. Brown
J. Brown               R. Brown               Cato
Ceips                  Chalk                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Coleman
Cooper                 Dantzler               Davenport
Duncan                 Edge                   Funderburk
Hardwick               Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hosey                  Howard                 Huggins
Jefferson              Jennings               Leach
Lee                    Littlejohn             Loftis
Lucas                  Mack                   Mahaffey
McCraw                 McGee                  McLeod
J. H. Neal             Neilson                Ott
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Rivers                 Rutherford             Sandifer
F. N. Smith            G. R. Smith            J. E. Smith
W. D. Smith            Talley                 Taylor
Townsend               Vick                   Viers
Walker                 Weeks                  White
Whitmire               Witherspoon            Young

Total--81


Printed Page 4877 . . . . . Tuesday, June 14, 2005

Those who voted in the negative are:
Ballentine             Delleney               Frye
Hagood                 Haley                  Hamilton
Harrell                Hinson                 Kennedy
Kirsh                  Limehouse              Merrill
Norman                 Scarborough            Simrill
Skelton                D. C. Smith            G. M. Smith
J. R. Smith            Stewart                Thompson
Toole                  Tripp                  Umphlett
Vaughn

Total--25

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

R. 203, H. 3373--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

June 10, 2005
The Honorable David H. Wilkins
Speaker of the House of Representatives
State House
Post Office Box 11867
Columbia, South Carolina, 29211

Dear Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 3373 (Word version), R. 203. I am vetoing this Bill because of the scope - it provides an exemption to a statewide standard for a single county.

While we understand that there are cases where there is a need to exempt areas from the 30-ft standard, I am concerned this legislation may be overly broad. When that requirement was passed, it was recognized that the General Assembly would need to exempt certain areas. However, this legislation exempts all of Spartanburg County, which violates the spirit of the law.

I understand the need for considerations to be made and would be willing to work with the General Assembly on reviewing the legislation


Printed Page 4878 . . . . . Tuesday, June 14, 2005

in total. However, until that can be done, I feel obligated to honor the spirit of the law and maintain the intent of the original legislation.

For the reasons stated above, I am vetoing H. 3373, R. 203 and returning it without my approval.

Sincerely,
Mark Sanford
Governor

R. 203, H. 3373--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

(R203) H. 3373 (Word version) -- Reps. W. D. Smith, Walker, Sinclair, Davenport, Littlejohn, Mahaffey and Talley: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION ADJACENT TO INTERSTATE HIGHWAY 26, INTERSTATE HIGHWAY 85, AND INTERSTATE HIGHWAY 585 IN SPARTANBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 15; Nays 1

Those who voted in the affirmative are:

Anthony                Branham                Cobb-Hunter
Davenport              Hayes                  Howard
Jefferson              Lee                    Littlejohn
Mahaffey               J. H. Neal             Rutherford
W. D. Smith            Talley                 Walker

Total--15

Those who voted in the negative are:

J. Hines

Total--1


Printed Page 4879 . . . . . Tuesday, June 14, 2005

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

R. 146, H. 3503--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

June 7, 2005
The Honorable David H. Wilkins
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina, 29211

Dear Mr. Speaker and Members of the House:

I am hereby vetoing and returning without my approval H. 3503 (Word version), R. 146.

Certainly, we appreciate the citizens willing to offer their time to serve on boards and commissions in South Carolina. Current state law already allows those individuals serving on a state board or commission the honor of a designated tag.

However, this legislation now extends that privilege to those serving on a federal board or commission. While their service is certainly appreciated, this proposal, in my view, goes beyond the scope of state government's role in issuing license plates.

Current law allows for a variety of tags to be issued by the Department of Motor Vehicles. Prior to the start of this past legislative session, DMV was responsible for the issuance of 312 different types of license plates, including plates for members of South Carolina boards and commissions. We should avoid creating yet another class of recipient for specialized tags from the DMV, and this legislation would be precedent setting on that front.

For these reasons, I am vetoing H. 3503, R. 146 and returning it to you without my signature.

Sincerely,
Mark Sanford
Governor


Printed Page 4880 . . . . . Tuesday, June 14, 2005

R. 146, H. 3503--GOVERNOR'S VETO SUSTAINED

The Veto on the following Act was taken up:

(R146) H. 3503 (Word version) -- Reps. Limehouse and Scarborough: AN ACT TO AMEND SECTION 56-3-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PERSONALIZED LICENSE PLATES BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT PERSONALIZED LICENSE PLATES ISSUED TO MEMBERS OF FEDERAL COMMISSIONS AND BOARDS EXPIRE JANUARY THIRTY-FIRST EACH YEAR IN WHICH A NEW SESSION OF THE GENERAL ASSEMBLY BEGINS.

Rep. TOWNSEND explained the Veto.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 1; Nays 99

Those who voted in the affirmative are:

Rice

Total--1

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Anthony                Bailey                 Bales
Ballentine             Barfield               Bingham
Bowers                 Branham                Breeland
G. Brown               R. Brown               Cato
Ceips                  Chalk                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Coleman
Cooper                 Davenport              Delleney
Duncan                 Edge                   Emory
Frye                   Funderburk             Govan
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Haskins
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Hosey

Printed Page 4881 . . . . . Tuesday, June 14, 2005

Howard                 Huggins                Jefferson
Jennings               Kennedy                Kirsh
Leach                  Limehouse              Loftis
Lucas                  Mahaffey               McCraw
McGee                  McLeod                 Merrill
Miller                 J. H. Neal             J. M. Neal
Neilson                Norman                 Ott
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
Rhoad                  Sandifer               Simrill
Skelton                D. C. Smith            F. N. Smith
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            W. D. Smith            Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Umphlett
Vaughn                 Vick                   Viers
Walker                 Weeks                  White
Whitmire               Witherspoon            Young

Total--99

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

R. 202, H. 3296--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

June 10, 2005
The Honorable David H. Wilkins
Speaker of the House of Representatives
State House
Post Office Box 11867
Columbia, South Carolina, 29211

Dear Mr. Speaker and Members of the House:

I am hereby vetoing and returning without my approval H. 3296 (Word version), R. 202, a Bill that redirects certain state funding to the South Carolina Department of Transportation (SCDOT) for maintenance on non-federal highways. There are several reasons for my decision.


Printed Page 4882 . . . . . Tuesday, June 14, 2005

First, this legislation represents a problem in the budget going forward. The Board of Economic Advisors estimates this Bill would ultimately shift revenues from the General Fund by about $85 million a year to the SCDOT budget. Unfortunately, no plan was included as to how to address this decrease in other areas of the budget.

Second, the question is timing. Currently, the Legislative Audit Council is performing a review of the agency and will report its findings back to the General Assembly early next year. We believe this audit will provide valuable information to help the General Assembly and the administration with a clearer understanding of the strengths and weaknesses of the agency. We would encourage the General Assembly to hold off on considering additional funds until we have a better understanding of the agency as a whole.

An example is the Briggs-DeLaine-Pearson Bridge to be built between Lone Star and Rimini. This proposed project would be built over the Sparkleberry Swamp, one of the last pristine hardwood bottomland swamps. Meanwhile, there is a bridge six miles away in need of repair, but we do not have sufficient funds to provide the improvements. We have asked for a cost-benefit analysis of the proposed new bridge, because it will be state dollars that will ultimately be needed to maintain the structure.

Third, we have consistently advocated that any increase of funding should come with an increase in accountability. In 47 other states, the Department of Transportation is directly accountable to the Governor - either through appointment of the agency head or appointment of all of the commission or board. In the 1991 report entitled Modernizing South Carolina State Government for the Twenty-First Century by the South Carolina Commission on Government Restructuring, co-chaired by then-Lieutenant Governor Nick Theodore and now-Speaker David Wilkins, the commission recommending making the Department of Transportation a cabinet agency. We believe any proposed increase in spending should come with reforms that increase accountability directly back to the voters of the State.

The agency's lack of accountability is not unique in our history. In 1935, Governor Olin D. Johnston actually declared the DOT to be in rebellion against the State and sent the South Carolina National Guard to occupy the agency. Little has changed about this island of


Printed Page 4883 . . . . . Tuesday, June 14, 2005

government seventy years later and we believe the people should enjoy more accountability from an agency which represents 10 percent of the total state budget.

While we share concerns about the condition of roads, particularly secondary roads, in the State, we may very well be throwing good money into a flawed system. I would encourage the legislature to sustain this veto and come back next year after we understand better where we should focus our efforts on the agency. In addition, I will not sign any legislation providing more funding to the SCDOT without giving a far greater degree of accountability of the agency back to the taxpayers.

For these reasons, I am vetoing this Bill.

Sincerely,
Mark Sanford
Governor

R. 202, H. 3296--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

(R202) H. 3296 (Word version) -- Reps. Harrell, Wilkins, Leach, Lucas, Bales, G. R. Smith, J. R. Smith, Vaughn, Battle, Cobb-Hunter, Neilson, Clark, Skelton, Kirsh, Moody-Lawrence, Rice, Harrison, Haley, Harvin, Young, Cotty, Mack, J. E. Smith, Taylor, Clemmons, Tripp, Chalk, Breeland, Limehouse, Altman, Bailey, Ballentine, Barfield, Bingham, Ceips, Chellis, Dantzler, Delleney, Duncan, Frye, Hagood, Hardwick, Herbkersman, Hinson, Huggins, Jennings, Littlejohn, Martin, McGee, Norman, Ott, Perry, E. H. Pitts, Scarborough, Sinclair, D. C. Smith, Stewart, Toole, Townsend, Umphlett, Walker, Witherspoon, Brady, Mahaffey and R. Brown: AN ACT TO AMEND SECTION 12-28-1555, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE USE OF DYED MOTOR VEHICLE FUELS UNDER CERTAIN CIRCUMSTANCES, AND PENALTIES ASSOCIATED WITH VIOLATIONS OF THIS SECTION, SO AS TO PROVIDE THAT ALL FINES IMPOSED PURSUANT TO THIS SECTION MUST BE PLACED IN THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO AMEND SECTION 12-28-2355, AS AMENDED, RELATING TO BOTH THE


Printed Page 4884 . . . . . Tuesday, June 14, 2005

INSPECTION FEE AND THE ENVIRONMENTAL IMPACT FEE CHARGED ON PETROLEUM PRODUCTS, SO AS TO PROVIDE THAT AFTER JUNE 30, 2005, TEN PERCENT OF THE INSPECTION FEE MUST BE TRANSMITTED TO THE DEPARTMENT OF REVENUE FOR CERTAIN PURPOSES AND THE REMAINDER OF THE FEE MUST BE PLACED IN THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO AMEND SECTION 12-28-2910, AS AMENDED, RELATING TO THE FUNDING AND FUNCTIONS OF THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO PROVIDE THAT ITS FUNDING PROVIDED FROM A PORTION OF THE GASOLINE USER FEE SHALL BE ELIMINATED OVER A THREE-YEAR PERIOD AND CREDITED TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO ADD SECTION 12-28-2915 SO AS TO PROVIDE THAT A PORTION OF THE TAXES ASSESSED AGAINST ELECTRIC POWER MUST BE PLACED IN THE ACCOUNT FOR ECONOMIC DEVELOPMENT AND A PORTION MUST BE CREDITED TO THE DEPARTMENT OF TRANSPORTATION FOR CERTAIN PURPOSES; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO THE ISSUANCE OF A BEGINNER'S PERMIT, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF A BEGINNER'S PERMIT MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED PURSUANT TO THE ISSUANCE OF A DRIVER'S LICENSE MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-1-200, AS AMENDED, RELATING TO OBTAINING A DUPLICATE OF A LOST OR DESTROYED DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED PURSUANT TO THE ISSUANCE OF A DUPLICATE DRIVER'S LICENSE MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL

Printed Page 4885 . . . . . Tuesday, June 14, 2005

AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-1-390, AS AMENDED, RELATING TO THE FEE CHARGED FOR THE REINSTATEMENT OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE PORTION OF THESE FEES THAT IS PLACED IN THE GENERAL FUND OF THE STATE MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-1-740, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE AND THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE PORTION OF THE FEES COLLECTED FROM THE ISSUANCE OF SPECIAL RESTRICTED DRIVER'S LICENSES THAT IS PLACED IN THE GENERAL FUND OF THE STATE MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-1-2090, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF COMMERCIAL DRIVER'S LICENSES MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-3-910, AS AMENDED, RELATING TO THE DISPOSITION OF CERTAIN MOTOR VEHICLE REGISTRATION AND LICENSING FEES AND PENALTIES, SO AS TO PROVIDE THESE FEES AND PENALTIES MUST BE CREDITED TO THE DEPARTMENT OF TRANSPORTATION WHICH MUST MAKE AN ANNUAL CONTRIBUTION FROM NONSTATE TAX SOURCES TO THE STATE HIGHWAY ACCOUNT OF THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK UNDER

Printed Page 4886 . . . . . Tuesday, June 14, 2005

CERTAIN CONDITIONS; TO ADD SECTION 57-5-1625 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY AWARD HIGHWAY CONSTRUCTION CONTRACTS USING A DESIGN-BUILD PROCEDURE, AND TO PROVIDE THE CONTRACT SELECTION CRITERIA; TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO REVENUES RECEIVED BY THE DEPARTMENT OF TRANSPORTATION FOR ITS OPERATION, SO AS TO PROVIDE THAT THESE FUNDS MUST BE PLACED IN EITHER THE "STATE HIGHWAY FUND" OR THE "STATE NON-FEDERAL AID HIGHWAY FUND", AND TO PROVIDE THAT INTEREST INCOME FROM THE NON-FEDERAL AID HIGHWAY FUND MUST BE DEPOSITED TO THE CREDIT OF THE NON-FEDERAL AID HIGHWAY FUND; AND TO PROVIDE A DECLINING SCHEDULE OF PAYMENTS FOR THE DEPARTMENT OF TRANSPORTATION'S COST OF ADMINISTRATION.

Rep. HARRELL explained the Veto.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 101; Nays 3

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Anthony                Bailey                 Bales
Ballentine             Barfield               Bingham
Bowers                 Branham                Breeland
G. Brown               J. Brown               R. Brown
Cato                   Ceips                  Chalk
Chellis                Clark                  Clemmons
Clyburn                Coates                 Cobb-Hunter
Coleman                Davenport              Delleney
Duncan                 Edge                   Emory
Funderburk             Hagood                 Haley
Hamilton               Hardwick               Harrell
Haskins                Hayes                  Herbkersman
J. Hines               M. Hines               Hinson
Hosey                  Howard                 Huggins
Jefferson              Jennings               Kennedy

Printed Page 4887 . . . . . Tuesday, June 14, 2005

Kirsh                  Leach                  Lee
Limehouse              Littlejohn             Lucas
Mack                   Mahaffey               McCraw
McGee                  McLeod                 Merrill
Miller                 J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Phillips
E. H. Pitts            M. A. Pitts            Rhoad
Rice                   Rivers                 Rutherford
Sandifer               Scarborough            Simrill
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Vaughn                 Vick
Viers                  Walker                 Weeks
Whipper                White                  Whitmire
Witherspoon            Young

Total--101

Those who voted in the negative are:

Frye                   Norman                 Tripp

Total--3

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

R. 195, H. 3906--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

June 7, 2005
The Honorable David H. Wilkins
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina, 29211

Dear Mr. Speaker and Members of the House:


Printed Page 4888 . . . . . Tuesday, June 14, 2005

I am hereby vetoing and returning without my approval H. 3906 (Word version), R. 195.

While the legislation is well-intended, I am concerned about the ramifications of the legislation over the long-term for lottery scholarships in South Carolina.

The effect of several sections within this Bill is either to expand the pool of students eligible for the LIFE or Palmetto Fellows Scholarships, or to relax the standards to be met by students in order to retain these scholarships. The Commission on Higher Education has estimated the net effect of this Bill is a $1.17 million increase in the annual financial demand of the Palmetto Fellows Scholarship.

The elements of this Bill concerning the eligibility and retention of the LIFE Scholarship will produce a higher number of qualifiers as well.

The projected Education Lottery Account appropriation for FY 2005-2006 is $289 million, a decrease of more than $50 million from the current fiscal year. This erosion of lottery proceeds can only worsen if a lottery comes on line in North Carolina. Ultimately, we may need to reevaluate how we distribute lottery scholarships to meet the limited resources available. Until that time, I would caution about expanding the current programs until we can determine a predictable and stable revenue flow.

For the reasons stated above, I am vetoing H. 3906, and returning it without my approval.

Sincerely,
Mark Sanford
Governor

R. 195, H. 3906--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

(R195) H. 3906 (Word version) -- Reps. Harrell, Bales and Neilson: AN ACT TO AMEND SECTION 59-104-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO PROVIDE THAT THE


Printed Page 4889 . . . . . Tuesday, June 14, 2005

SCHOLARSHIP IS AVAILABLE TO CERTAIN ELIGIBLE RESIDENT STUDENTS, TO DEFINE CERTAIN TERMS, TO PROVIDE THE CRITERIA THE STUDENTS MUST MEET TO RECEIVE THE SCHOLARSHIP; TO AMEND SECTION 2-77-15, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA HIGHER EDUCATION EXCELLENCE ENHANCEMENT PROGRAM, SO AS TO REVISE THE DEFINITION OF ELIGIBLE INSTITUTION; TO AMEND SECTION 59-149-10, AS AMENDED, RELATING TO LIFE SCHOLARSHIPS, SO AS TO REVISE THE DEFINITION OF PUBLIC OR INDEPENDENT INSTITUTION; AND TO AMEND SECTION 59-149-50, AS AMENDED, RELATING TO LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT A STUDENT WHOSE PARENT OR GUARDIAN HAS SERVED IN OR HAS RETIRED FROM ONE OF THE UNITED STATES ARMED FORCES WITHIN THE LAST FOUR YEARS AND HAS MET CERTAIN OTHER REQUIREMENTS IS ELIGIBLE FOR IN-STATE TUITION AND FEES AND TO PROVIDE THAT THE CUMULATIVE GRADE POINT AVERAGE CALCULATION MUST INCLUDE THE STUDENT'S GRADE POINT AVERAGE AT ALL PUBLIC OR INDEPENDENT INSTITUTIONS ATTENDED BY THE STUDENT.

Rep. HARRELL explained the Veto.

Rep. SKELTON spoke in favor of the Veto.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 77; Nays 34

Those who voted in the affirmative are:

Agnew                  Allen                  Anthony
Bales                  Ballentine             Barfield
Bingham                Bowers                 Branham
Breeland               G. Brown               Cato
Ceips                  Chalk                  Chellis
Clark                  Clemmons               Coates
Coleman                Cooper                 Davenport
Delleney               Duncan                 Edge
Emory                  Funderburk             Govan

Printed Page 4890 . . . . . Tuesday, June 14, 2005

Haley                  Hamilton               Hardwick
Harrell                Haskins                Hayes
Herbkersman            M. Hines               Hinson
Huggins                Jennings               Leach
Littlejohn             Loftis                 Lucas
McCraw                 McGee                  McLeod
Moody-Lawrence         J. M. Neal             Neilson
Ott                    Parks                  Phillips
E. H. Pitts            M. A. Pitts            Rhoad
Rice                   Rivers                 Rutherford
Sandifer               Simrill                D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Stewart                Talley                 Toole
Townsend               Vaughn                 Vick
Viers                  White                  Whitmire
Witherspoon            Young

Total--77

Those who voted in the negative are:

Anderson               Bailey                 J. Brown
R. Brown               Clyburn                Cobb-Hunter
Dantzler               Frye                   Hagood
J. Hines               Hosey                  Jefferson
Kennedy                Kirsh                  Lee
Limehouse              Mack                   Mahaffey
Merrill                Miller                 J. H. Neal
Norman                 Owens                  Perry
Pinson                 Scarborough            Skelton
Taylor                 Thompson               Tripp
Umphlett               Walker                 Weeks
Whipper

Total--34

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


Printed Page 4891 . . . . . Tuesday, June 14, 2005

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 14, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 164, S. 184 by a vote of 41 to 0:

(R164) 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, TO ESTABLISH THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS, AND TO PROVIDE THAT THE PRESIDENTS OF THE HISTORICAL SOCIETIES LOCATED IN CERTAIN COUNTIES SHALL SERVE ON AN ADVISORY COMMITTEE.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 14, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 199, S. 286 by a vote of 42 to 0:

(R199) S. 286 (Word version) -- Senator Hawkins: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN INMAN, SOUTH CAROLINA, TO THE TOWN OF INMAN; TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF THE LOCKHART NATIONAL GUARD ARMORY TO THE TOWN OF LOCKHART; AND TO AUTHORIZE THE STATE BUDGET AND CONTROL


Printed Page 4892 . . . . . Tuesday, June 14, 2005

BOARD TO TRANSFER THE OWNERSHIP OF THE JONESVILLE NATIONAL GUARD ARMORY TO THE TOWN OF JONESVILLE.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 14, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 138, S. 307 by a vote of 38 to 6:

(R138) S. 307 (Word version) -- Senators Peeler, Verdin, Cromer, Ryberg, Knotts, Alexander and Thomas: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1885 SO AS TO PROVIDE THE CIRCUMSTANCES WHEN IT IS LAWFUL TO DRIVE A VEHICLE IN THE LEFT LANE OF AN INTERSTATE HIGHWAY, AND TO PROVIDE THE CIRCUMSTANCES UNDER WHICH A TRAFFIC TICKET MAY BE ISSUED FOR THE VIOLATION OF THIS PROVISION.

Very respectfully,
President
Received as information.

R. 164, S. 184--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

June 7, 2005
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina, 29202

Dear Mr. President and Members of the Senate:


Printed Page 4893 . . . . . Tuesday, June 14, 2005

I am hereby vetoing and returning without my approval S. 184 (Word version), R. 164. This Bill creates a legislatively driven commission solely for the purpose of developing one specific trail. This unnecessary state entity fragments the responsibility for trail planning that the Department of Parks, Recreation and Tourism currently fulfills in partnership with various private groups. Further, the legislation gives express statutory authority for the commission to recommend appropriations - increasing the likelihood that, as happened this year, specific trail projects will become line items in the appropriations act. I have consistently laid out that projects such as this should be funded through a competitive grants process to ensure that state dollars are awarded based on merit and not political sway.

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

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

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


Printed Page 4894 . . . . . Tuesday, June 14, 2005

private volition and successful due to the hard work of dedicated supporters.

For the reasons stated above, I am vetoing S. 184, R. 164.

Sincerely,
Mark Sanford
Governor

R. 164, S. 184--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

(R164) 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, TO ESTABLISH THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS, AND TO PROVIDE THAT THE PRESIDENTS OF THE HISTORICAL SOCIETIES LOCATED IN CERTAIN COUNTIES SHALL SERVE ON AN ADVISORY COMMITTEE.

Rep. RHOAD explained the Veto.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 89; Nays 18

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Anthony                Bailey                 Bales
Barfield               Bingham                Bowers
Branham                Breeland               G. Brown
J. Brown               R. Brown               Cato
Ceips                  Chalk                  Chellis
Clemmons               Clyburn                Coates
Cobb-Hunter            Coleman                Dantzler
Davenport              Duncan                 Edge
Emory                  Frye                   Funderburk

Printed Page 4895 . . . . . Tuesday, June 14, 2005

Govan                  Hardwick               Harrell
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Hosey
Howard                 Huggins                Jefferson
Jennings               Kennedy                Leach
Lee                    Limehouse              Littlejohn
Loftis                 Lucas                  Mack
McCraw                 McGee                  McLeod
Merrill                Miller                 J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Perry                  Phillips
Pinson                 M. A. Pitts            Rhoad
Rice                   Rivers                 Rutherford
Scarborough            Simrill                Skelton
F. N. Smith            G. M. Smith            J. E. Smith
J. R. Smith            W. D. Smith            Taylor
Toole                  Townsend               Umphlett
Vaughn                 Viers                  Weeks
Whipper                White                  Whitmire
Witherspoon            Young

Total--89

Those who voted in the negative are:

Ballentine             Clark                  Delleney
Hagood                 Haley                  Hamilton
Kirsh                  Mahaffey               Norman
Owens                  E. H. Pitts            D. C. Smith
G. R. Smith            Stewart                Talley
Thompson               Tripp                  Walker

Total--18

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


Printed Page 4896 . . . . . Tuesday, June 14, 2005

R. 199, S. 286--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

June 10, 2005
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina, 29202

Dear Mr. President and Members of the Senate:

I am hereby vetoing and returning without my approval S. 286, R. 199.

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

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

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


Printed Page 4897 . . . . . Tuesday, June 14, 2005

consideration for the transfer of surplus state property. This Bill fails to do that.

Therefore, I am returning S. 286, R. 199 to you without my signature.

Sincerely,
Mark Sanford
Governor

R. 199, S. 286--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

(R199) S. 286 (Word version) -- Senator Hawkins: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN INMAN, SOUTH CAROLINA, TO THE TOWN OF INMAN; TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF THE LOCKHART NATIONAL GUARD ARMORY TO THE TOWN OF LOCKHART; AND TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER THE OWNERSHIP OF THE JONESVILLE NATIONAL GUARD ARMORY TO THE TOWN OF JONESVILLE.

Rep. DAVENPORT explained the Veto.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 95; Nays 9

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Anthony                Bailey                 Bales
Barfield               Bingham                Bowers
Branham                Breeland               J. Brown
R. Brown               Cato                   Ceips
Chalk                  Chellis                Clark
Clemmons               Coates                 Cobb-Hunter
Dantzler               Davenport              Delleney
Duncan                 Edge                   Frye

Printed Page 4898 . . . . . Tuesday, June 14, 2005

Funderburk             Govan                  Hamilton
Hardwick               Harrell                Haskins
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Hosey
Howard                 Huggins                Jefferson
Jennings               Kennedy                Kirsh
Leach                  Lee                    Limehouse
Littlejohn             Loftis                 Lucas
Mack                   Mahaffey               McCraw
McGee                  McLeod                 Merrill
Miller                 J. H. Neal             Neilson
Ott                    Owens                  Parks
Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Rhoad
Rice                   Rivers                 Rutherford
Sandifer               Scarborough            Simrill
Skelton                D. C. Smith            F. N. Smith
G. R. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Talley                 Taylor
Toole                  Vaughn                 Vick
Viers                  Walker                 Weeks
Whipper                White                  Whitmire
Witherspoon            Young

Total--95

Those who voted in the negative are:

Ballentine             Hagood                 Haley
Norman                 G. M. Smith            Stewart
Thompson               Tripp                  Umphlett

Total--9

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


Printed Page 4899 . . . . . Tuesday, June 14, 2005

R. 138, S. 307--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

June 7, 2005
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina, 29202

Dear Mr. President and Members of the Senate:

I am hereby vetoing and returning without my approval S. 307 (Word version), R. 138 a Bill that establishes circumstances when it is lawful to drive a vehicle in the left lane of an interstate highway.

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

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

For this reason, I am returning S. 307, R. 138 to you without my signature.

Sincerely,
Mark Sanford
Governor


Printed Page 4900 . . . . . Tuesday, June 14, 2005

R. 138, S. 307--GOVERNOR'S VETO SUSTAINED

The Veto on the following Act was taken up:

(R138) S. 307 (Word version) -- Senators Peeler, Verdin, Cromer, Ryberg, Knotts, Alexander and Thomas: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1885 SO AS TO PROVIDE THE CIRCUMSTANCES WHEN IT IS LAWFUL TO DRIVE A VEHICLE IN THE LEFT LANE OF AN INTERSTATE HIGHWAY, AND TO PROVIDE THE CIRCUMSTANCES UNDER WHICH A TRAFFIC TICKET MAY BE ISSUED FOR THE VIOLATION OF THIS PROVISION.

Rep. DELLENEY explained the Veto.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 50; Nays 59

Those who voted in the affirmative are:

Anthony                Bales                  Barfield
Branham                Breeland               J. Brown
R. Brown               Ceips                  Clemmons
Cobb-Hunter            Coleman                Delleney
Edge                   Emory                  Govan
Hagood                 Hardwick               Harrison
Hayes                  J. Hines               M. Hines
Howard                 Jefferson              Leach
Loftis                 Mack                   Mahaffey
McCraw                 McGee                  Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Owens                  Parks                  M. A. Pitts
Rhoad                  Rice                   Rutherford
Simrill                Skelton                W. D. Smith
Stewart                Taylor                 Thompson
Vick                   Viers                  Walker
Whipper                Young

Total--50


Printed Page 4901 . . . . . Tuesday, June 14, 2005

Those who voted in the negative are:
Agnew                  Allen                  Anderson
Bailey                 Ballentine             Bingham
Bowers                 Cato                   Chalk
Chellis                Clark                  Clyburn
Coates                 Cooper                 Dantzler
Davenport              Duncan                 Frye
Funderburk             Haley                  Hamilton
Harrell                Herbkersman            Hinson
Hosey                  Huggins                Jennings
Kennedy                Kirsh                  Limehouse
Littlejohn             Lucas                  McLeod
Merrill                Miller                 Norman
Ott                    Perry                  Phillips
Pinson                 E. H. Pitts            Rivers
Sandifer               Scarborough            D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Talley
Toole                  Tripp                  Umphlett
Vaughn                 Weeks                  White
Whitmire               Witherspoon

Total--59

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

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 14, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 137, S. 27 by a vote of 38 to 7:

(R137) S. 27 (Word version) -- Senators Leatherman and Elliott: AN ACT TO AMEND CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-4-36 SO AS TO PROVIDE FOR THE NOTIFICATION OF A MUNICIPALITY OR COUNTY BY THE TOURISM EXPENDITURE REVIEW COMMITTEE IF THE


Printed Page 4902 . . . . . Tuesday, June 14, 2005

COMMITTEE FINDS AN EXPENDITURE TO BE IN NONCOMPLIANCE, TO PROVIDE FOR A PROCEDURE FOR REFUNDING THE AMOUNT FOUND IN NONCOMPLIANCE, TO PROVIDE FOR ACTIONS TO BE TAKEN AGAINST A MUNICIPALITY OR COUNTY THAT DOES NOT REFUND THE NONCOMPLIANT AMOUNT, TO PROVIDE A PROCEDURE FOR CERTIFICATION BY THE MUNICIPALITY OR COUNTY TO THE COMMITTEE THAT NONCOMPLIANT AMOUNTS HAVE BEEN REFUNDED, TO PROVIDE THE FISCAL YEARS TO WHICH THE ABOVE PROVISIONS APPLY, AND TO PROVIDE THAT THIS SECTION IS REPEALED JUNE 30, 2006.

Very respectfully,
President

R. 137, S. 27--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

June 7, 2005
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202

Dear Mr. President and Members of the Senate:

I am hereby vetoing and returning without my approval S. 27 (Word version), R. 137. This Bill allows a city or county to keep control of local accommodations tax funds determined by the Tourism Expenditure Review Committee ("Committee") to have been unlawfully disbursed by the city or county. Most local accommodations tax funds are statutorily reserved to be used only for advertising and tourism related expenditures. These funds are similar to trust funds. I am vetoing this Bill because it removes the forfeiture provisions for fiscal years FY 2003-04 and FY 2004-05, and thereby lessens the incentive for cities or counties to use the funds as intended when they are initially disbursed. I also object to this Bill because it creates a temporary exception to the accommodations tax rules that are applicable to all cities and counties.

South Carolina has a seven percent sales tax on accommodations. One component of the tax is a two percent "local" accommodations tax


Printed Page 4903 . . . . . Tuesday, June 14, 2005

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

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

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

For the reasons stated above, I am returning S. 27, R. 137 to you without my signature.

Sincerely,
Mark Sanford
Governor


Printed Page 4904 . . . . . Tuesday, June 14, 2005

R. 137, S. 27--GOVERNOR'S VETO --DEBATE ADJOURNED

The Veto on the following Act was taken up:

(R137) S. 27 (Word version) -- Senators Leatherman and Elliott: AN ACT TO AMEND CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-4-36 SO AS TO PROVIDE FOR THE NOTIFICATION OF A MUNICIPALITY OR COUNTY BY THE TOURISM EXPENDITURE REVIEW COMMITTEE IF THE COMMITTEE FINDS AN EXPENDITURE TO BE IN NONCOMPLIANCE, TO PROVIDE FOR A PROCEDURE FOR REFUNDING THE AMOUNT FOUND IN NONCOMPLIANCE, TO PROVIDE FOR ACTIONS TO BE TAKEN AGAINST A MUNICIPALITY OR COUNTY THAT DOES NOT REFUND THE NONCOMPLIANT AMOUNT, TO PROVIDE A PROCEDURE FOR CERTIFICATION BY THE MUNICIPALITY OR COUNTY TO THE COMMITTEE THAT NONCOMPLIANT AMOUNTS HAVE BEEN REFUNDED, TO PROVIDE THE FISCAL YEARS TO WHICH THE ABOVE PROVISIONS APPLY, AND TO PROVIDE THAT THIS SECTION IS REPEALED JUNE 30, 2006.

Rep. HARRELL explained the Veto.

Rep. MCGEE spoke against the Veto.

Rep. MCGEE moved to adjourn debate on the Veto until Tuesday, January 10, 2006, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 14, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 180, H. 3250 by a vote of 40 to 3:

(R180) H. 3250 (Word version) -- Reps. White, Weeks, Hamilton, Leach, Walker, Davenport, Mahaffey, Young and Allen: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 25 TO TITLE 37 SO AS TO PROVIDE FOR LIMITATIONS ON THE DISPENSING OF AN OPHTHALMIC


Printed Page 4905 . . . . . Tuesday, June 14, 2005

CONTACT LENS OR LENSES WITHOUT A VALID UNEXPIRED PRESCRIPTION FROM A LICENSED DISPENSER, TO PROVIDE MINIMUM REQUIREMENTS FOR THE ISSUANCE OF A PRESCRIPTION, TO PROVIDE FOR A TWELVE MONTH LIMIT ON A PRESCRIPTION FOR CONTACT LENS WITHOUT POWER, AND TO PROVIDE FOR A CIVIL PENALTY FOR A VIOLATION AND ENFORCEMENT BY THE DEPARTMENT OF CONSUMER AFFAIRS.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 14, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 202, H. 3296 by a vote of 36 to 7:

(R. 202) H. 3296 (Word version) -- Reps. Harrell, Wilkins, Leach, Lucas, Bales, G.R. Smith, J.R. Smith, Vaughn, Battle, Cobb-Hunter, Neilson, Clark, Skelton, Kirsh, Moody-Lawrence, Rice, Harrison, Haley, Harvin, Young, Cotty, Mack, J.E. Smith, Taylor, Clemmons, Tripp, Chalk, Breeland, Limehouse, Altman, Bailey, Ballentine, Barfield, Bingham, Ceips, Chellis, Dantzler, Delleney, Duncan, Frye, Hagood, Hardwick, Herbkersman, Hinson, Huggins, Jennings, Littlejohn, Martin, McGee, Norman, Ott, Perry, E.H. Pitts, Scarborough, Sinclair, D.C. Smith, Stewart, Toole, Townsend, Umphlett, Walker, Witherspoon, Brady, Mahaffey and R. Brown: AN ACT TO AMEND SECTION 12-28-1555, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE USE OF DYED MOTOR VEHICLE FUELS UNDER CERTAIN CIRCUMSTANCES, AND PENALTIES ASSOCIATED WITH VIOLATIONS OF THIS SECTION, SO AS TO PROVIDE THAT ALL FINES IMPOSED PURSUANT TO THIS SECTION MUST BE PLACED IN THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO AMEND SECTION 12-28-2355, AS AMENDED, RELATING TO BOTH THE


Printed Page 4906 . . . . . Tuesday, June 14, 2005

INSPECTION FEE AND THE ENVIRONMENTAL IMPACT FEE CHARGED ON PETROLEUM PRODUCTS, SO AS TO PROVIDE THAT AFTER JUNE 30, 2005, TEN PERCENT OF THE INSPECTION FEE MUST BE TRANSMITTED TO THE DEPARTMENT OF REVENUE FOR CERTAIN PURPOSES AND THE REMAINDER OF THE FEE MUST BE PLACED IN THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO AMEND SECTION 12-28-2910, AS AMENDED, RELATING TO THE FUNDING AND FUNCTIONS OF THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO PROVIDE THAT ITS FUNDING PROVIDED FROM A PORTION OF THE GASOLINE USER FEE SHALL BE ELIMINATED OVER A THREE-YEAR PERIOD AND CREDITED TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO ADD SECTION 12-28-2915 SO AS TO PROVIDE THAT A PORTION OF THE TAXES ASSESSED AGAINST ELECTRIC POWER MUST BE PLACED IN THE ACCOUNT FOR ECONOMIC DEVELOPMENT AND A PORTION MUST BE CREDITED TO THE DEPARTMENT OF TRANSPORTATION FOR CERTAIN PURPOSES; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO THE ISSUANCE OF A BEGINNER'S PERMIT, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF A BEGINNER'S PERMIT MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED PURSUANT TO THE ISSUANCE OF A DRIVER'S LICENSE MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-1-200, AS AMENDED, RELATING TO OBTAINING A DUPLICATE OF A LOST OR DESTROYED DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED PURSUANT TO THE ISSUANCE OF A DUPLICATE DRIVER'S LICENSE MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL

Printed Page 4907 . . . . . Tuesday, June 14, 2005

AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-1-390, AS AMENDED, RELATING TO THE FEE CHARGED FOR THE REINSTATEMENT OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE PORTION OF THESE FEES THAT IS PLACED IN THE GENERAL FUND OF THE STATE MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-1-740, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE AND THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE PORTION OF THE FEES COLLECTED FROM THE ISSUANCE OF SPECIAL RESTRICTED DRIVER'S LICENSES THAT IS PLACED IN THE GENERAL FUND OF THE STATE MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-1-2090, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF COMMERCIAL DRIVER'S LICENSES MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A THREE-YEAR PERIOD; TO AMEND SECTION 56-3-910, AS AMENDED, RELATING TO THE DISPOSITION OF CERTAIN MOTOR VEHICLE REGISTRATION AND LICENSING FEES AND PENALTIES, SO AS TO PROVIDE THESE FEES AND PENALTIES MUST BE CREDITED TO THE DEPARTMENT OF TRANSPORTATION WHICH MUST MAKE AN ANNUAL CONTRIBUTION FROM NONSTATE TAX SOURCES TO THE STATE HIGHWAY ACCOUNT OF THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK UNDER

Printed Page 4908 . . . . . Tuesday, June 14, 2005

CERTAIN CONDITIONS; TO ADD SECTION 57-5-1625 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY AWARD HIGHWAY CONSTRUCTION CONTRACTS USING A DESIGN-BUILD PROCEDURE, AND TO PROVIDE THE CONTRACT SELECTION CRITERIA; TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO REVENUES RECEIVED BY THE DEPARTMENT OF TRANSPORTATION FOR ITS OPERATION, SO AS TO PROVIDE THAT THESE FUNDS MUST BE PLACED IN EITHER THE "STATE HIGHWAY FUND" OR THE "STATE NON-FEDERAL AID HIGHWAY FUND", AND TO PROVIDE THAT INTEREST INCOME FROM THE NON-FEDERAL AID HIGHWAY FUND MUST BE DEPOSITED TO THE CREDIT OF THE NON-FEDERAL AID HIGHWAY FUND; AND TO PROVIDE A DECLINING SCHEDULE OF PAYMENTS FOR THE DEPARTMENT OF TRANSPORTATION'S COST OF ADMINISTRATION.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 14, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 203, H. 3373 by a vote of 30 to 10:

(R203) H. 3373 (Word version) -- Reps. W. D. Smith, Walker, Sinclair, Davenport, Littlejohn, Mahaffey and Talley: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION ADJACENT TO INTERSTATE HIGHWAY 26, INTERSTATE HIGHWAY 85, AND INTERSTATE


Printed Page 4909 . . . . . Tuesday, June 14, 2005

HIGHWAY 585 IN SPARTANBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 14, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 183, H. 3383 by a vote of 35 to 7:

(R183) H. 3383 (Word version) -- Reps. Loftis, Cato, Leach, Frye, Barfield, Hosey, J. R. Smith and Witherspoon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, TITLE 40 SO AS TO ENACT THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, INCLUDING PROVISIONS TO LICENSE AND REGULATE THE FIRE SPRINKLER SYSTEMS INDUSTRY, AND, AMONG OTHER THINGS, TO ESTABLISH LICENSURE AND LICENSURE RENEWAL REQUIREMENTS AND FEES, TO PROVIDE GROUNDS FOR MISCONDUCT AND SANCTIONS FOR MISCONDUCT, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF FIRE SPRINKLER CONTRACTORS AND FIRE SPRINKLER SYSTEMS; TO AMEND SECTION 40-11-10, RELATING TO THE COMPOSITION OF THE SOUTH CAROLINA CONTRACTOR'S LICENSING BOARD, SO AS TO ADD A MEMBER TO THE BOARD WHO IS IN THE BUSINESS OF FIRE SPRINKLER SYSTEMS WORK; AND TO REPEAL CHAPTER 45 OF TITLE 23, RELATING TO FIRE PROTECTION SPRINKLER SYSTEMS ACT.

Very respectfully,
President
Received as information.


Printed Page 4910 . . . . . Tuesday, June 14, 2005

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 14, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 195, H. 3906 by a vote of 35 to 7:

(R195) H. 3906 (Word version) -- Reps. Harrell, Bales and Neilson: AN ACT TO AMEND SECTION 59-104-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO PROVIDE THAT THE SCHOLARSHIP IS AVAILABLE TO CERTAIN ELIGIBLE RESIDENT STUDENTS, TO DEFINE CERTAIN TERMS, TO PROVIDE THE CRITERIA THE STUDENTS MUST MEET TO RECEIVE THE SCHOLARSHIP; TO AMEND SECTION 2-77-15, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA HIGHER EDUCATION EXCELLENCE ENHANCEMENT PROGRAM, SO AS TO REVISE THE DEFINITION OF ELIGIBLE INSTITUTION; TO AMEND SECTION 59-149-10, AS AMENDED, RELATING TO LIFE SCHOLARSHIPS, SO AS TO REVISE THE DEFINITION OF PUBLIC OR INDEPENDENT INSTITUTION; AND TO AMEND SECTION 59-149-50, AS AMENDED, RELATING TO LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT A STUDENT WHOSE PARENT OR GUARDIAN HAS SERVED IN OR HAS RETIRED FROM ONE OF THE UNITED STATES ARMED FORCES WITHIN THE LAST FOUR YEARS AND HAS MET CERTAIN OTHER REQUIREMENTS IS ELIGIBLE FOR IN-STATE TUITION AND FEES AND TO PROVIDE THAT THE CUMULATIVE GRADE POINT AVERAGE CALCULATION MUST INCLUDE THE STUDENT'S GRADE POINT AVERAGE AT ALL PUBLIC OR INDEPENDENT INSTITUTIONS ATTENDED BY THE STUDENT.

Very respectfully,
President
Received as information.


Printed Page 4911 . . . . . Tuesday, June 14, 2005

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 14, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 177, H. 3107 by a vote of 37 to 7:

(R177) H. 3107 (Word version) -- Reps. M. A. Pitts, Viers, Taylor, Mahaffey, Duncan and Umphlett: AN ACT TO AMEND SECTION 40-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO PROVIDE FOR TWO ADDITIONAL LAY MEMBERS OF THE BOARD, AND TO PROVIDE FOR THEIR MANNER OF APPOINTMENT, QUALIFICATIONS, AND TERMS; AND TO ADD SECTION 40-47-155 SO AS TO FURTHER PROVIDE CERTAIN CONDITIONS UNDER WHICH THE BOARD SHALL ISSUE A LICENSE TO PRACTICE MEDICINE TO AN APPLICANT.

Very respectfully,
President
Received as information.

H 4142--SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

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

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.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.


Printed Page 4912 . . . . . Tuesday, June 14, 2005

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

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

Rep. J. H. NEAL moved that the House do now adjourn, which was agreed to.

ADJOURNMENT

At 1:45 p.m. the House, in accordance with the motion of Rep. W. D. SMITH, adjourned Sine Die in memory of Laurence Martin, husband of Ann Martin.

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