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					                       Wednesday, May 25, 2005
                         (Statewide Session)

Indicates Matter Stricken
Indicates New Matter

  The House assembled at 9:30 a.m.
  Deliberations were opened with prayer by Rev. Charles E.
Seastrunk, Jr. as follows:

   Our thought for today is from Proverbs 15:22: “Plans fail for lack of
counsel, but with many advisers they succeed.”
   Let us pray. Almighty God, You are sufficient for us. However, we
pray for the guidance of Your Spirit, working through Your appointed
leaders to give us Your advice and counsel on the affairs of
government and the leading of those elected and appointed officials
who serve. Grant them wisdom, courage and integrity. Look in favor
upon our Nation, President, State and her leaders. Keep our defenders
of freedom safe and in Your care. Hear our prayer, O God. Amen.

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

  After corrections to the Journal of the proceedings of yesterday, the
SPEAKER PRO TEMPORE ordered it confirmed.

                      MOTION ADOPTED
 Rep. LOFTIS moved that when the House adjourns, it adjourn in
memory of Oney Jaynes of Greenville, which was agreed to.

                 CONCURRENT RESOLUTION
  The following was introduced:

  H. 4196 -- Reps. G. M. Smith and Weeks: A CONCURRENT
RESOLUTION TO REQUEST THAT THE DEPARTMENT OF
TRANSPORTATION NAME THE PORTION OF BARTLETTE
STREET IN THE CITY OF SUMTER FROM ITS INTERSECTION
WITH WASHINGTON STREET TO ITS INTERSECTION WITH
HARVIN STREET "W. A. (BUBBA) MCELVEEN STREET" AND
ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS



                                  3949
                     WEDNESDAY, MAY 25, 2005

STREET THAT CONTAIN THE WORDS "W. A. (BUBBA)
MCELVEEN STREET".
  The Concurrent Resolution was ordered referred to the Committee
on Invitations and Memorial Resolutions.

                 CONCURRENT RESOLUTION
  The following was introduced:

  H. 4197 -- Reps. Martin, Agnew, Allen, Altman, Anderson,
Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers,
Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato,
Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-
Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney,
Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley,
Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes,
Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard,
Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse,
Littlejohn, Loftis, Lucas, Mack, Mahaffey, McCraw, McGee, McLeod,
Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson,
Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts,
M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough,
Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith,
G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley,
Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick,
Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins,
Witherspoon and Young: A CONCURRENT RESOLUTION TO
CONGRATULATE THE SOUTH CAROLINA EDUCATIONAL
TELEVISION FOR PROVIDING QUALITY TELEVISION AND
RADIO PROGRAMMING TO RESIDENTS OF THE PALMETTO
STATE FOR ALMOST FIFTY YEARS, AND FOR PROVIDING
LIVE COVERAGE OF THE PROCEEDINGS OF BOTH
CHAMBERS OF THE GENERAL ASSEMBLY SINCE 1999.

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

                      HOUSE RESOLUTION
  The following was introduced:

  H. 4198 -- Reps. Vaughn, Allen, Cato, Hamilton, Haskins, Leach,
Loftis, Rice, F. N. Smith, G. R. Smith, Taylor, Tripp, Agnew, Altman,

                                   3950
                    WEDNESDAY, MAY 25, 2005

Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle,
Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown,
R. Brown, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates,
Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney,
Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley,
Hardwick, Harrell, Harrison, Harvin, Hayes, Herbkersman, J. Hines,
M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson,
Jennings, Kennedy, Kirsh, Lee, Limehouse, Littlejohn, Lucas, Mack,
Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-
Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks,
Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rivers,
Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton,
D. C. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith,
Stewart, Talley, Thompson, Toole, Townsend, Umphlett, Vick, Viers,
Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young:
A HOUSE RESOLUTION TO COMMEND THE HONORABLE
DAVID HORTON WILKINS OF GREENVILLE, SPEAKER OF
THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, ON
HIS MERITORIOUS TWENTY-FIVE YEAR LEGISLATIVE
CAREER AND TO BID HIM A FOND FAREWELL AS HE
UNDERTAKES HIS NEW ROLE SERVING OUR NATION AS
AMBASSADOR TO CANADA.

  Whereas, born on October 12, 1946, the son of the late William
Walter Wilkins and the late Evelyn Wilkins, David Horton Wilkins of
Greenville learned the importance of public service early on; and

   Whereas, he has been a member of the South Carolina House of
Representatives for twenty-five years and at the time of his election in
December of 1994 was the first Republican-elected Speaker of any
state legislative body in the South since Reconstruction; and

  Whereas, David Wilkins quickly rose to a position of leadership in
the House serving with distinction as Chairman of the Judiciary
Committee for six years and then as Speaker Pro Tempore for two
years before his historic election as Speaker; and

   Whereas, this consummate Republican with superior intellect from
the upstate also managed to build a reputation of generosity and
fairness to members from both sides of the aisle and is universally
respected as a result; and

                                  3951
                     WEDNESDAY, MAY 25, 2005

   Whereas, over the years he guided the House through such complex
issues as welfare reform, property tax relief, education accountability,
the creation of LIFE scholarships, judicial reform, government
restructuring, redistricting, truth in sentencing, and most recently major
tort reform, medical malpractice reform, and criminal domestic
violence reform; and

   Whereas, David Wilkins was also instrumental in crafting historic
ethics reform and played a crucial role in the turbulent fight to ban
video poker in the State; and

   Whereas, during his tenure as Speaker, he continuously upheld the
integrity of the House of Representatives and is known for the
professionalism, energy, dedication, and determination with which he
conducted the business of the House; and

   Whereas, Speaker Wilkins guided the course of the House for over a
decade through both good and bad financial times, and he will always
be remembered for his appreciation and support of the House staff even
as other state agencies were forced to furlough employees; and

  Whereas, a close friend and colleague of President George W. Bush,
he has been selected to serve as Ambassador to Canada – our State’s
great loss is most certainly our nation’s gain; and

  Whereas, David Wilkins is imminently qualified to be the next
Ambassador to Canada. His ability to communicate the interests of the
United States in his trademark clear, concise, and persuasive manner
coupled with his vast legal and business experience will serve our
nation well as he serves as diplomatic representative of this country to
our significant trading partner; and

   Whereas, though his public accomplishments are many, the Speaker
is also a devoted family man. He is the husband of his beloved wife
Susan Clary of Gaffney and the proud father of two sons: James and
Robert; and

   Whereas, the citizens of House District 24 and of the State, as well
as the members and staff of the legislature, will miss the steadying
influence and strength of character with which Speaker Wilkins led the
State into the twenty-first century; and

                                   3952
                    WEDNESDAY, MAY 25, 2005

   Whereas, the legacy of this true statesman is extraordinary and
unmatched, and it is with great pleasure and respect that his colleagues
desire to recognize his strength, loyalty, and leadership for more than
two decades in the House of Representatives and to publicly applaud
his dedication to the high calling of public service. Now, therefore,

  Be it resolved by the House of Representatives:

  That the members of the House of Representatives of the State of
South Carolina, by this resolution, commend the Honorable David
Horton Wilkins of Greenville, Speaker of the South Carolina House of
Representatives, on his meritorious twenty-five year legislative career
and bid him a fond farewell as he undertakes his new role serving our
nation as Ambassador to Canada.

  The Resolution was adopted.

                              ROLL CALL
   The roll call of the House of Representatives   was taken resulting as
follows:
Altman                   Anderson                  Anthony
Bailey                   Bales                     Ballentine
Barfield                 Battle                    Bingham
Bowers                   Brady                     Branham
Breeland                 G. Brown                  J. Brown
R. Brown                 Cato                      Ceips
Chalk                    Chellis                   Clark
Clemmons                 Clyburn                   Cobb-Hunter
Coleman                  Cooper                    Cotty
Dantzler                 Davenport                 Delleney
Duncan                   Emory                     Frye
Funderburk               Hagood                    Haley
Hamilton                 Hardwick                  Harrell
Harrison                 Hayes                     Herbkersman
J. Hines                 M. Hines                  Hinson
Hiott                    Hosey                     Howard
Huggins                  Jefferson                 Jennings
Kirsh                    Leach                     Limehouse
Loftis                   Lucas                     Mack
Mahaffey                 Martin                    McCraw
McGee                    McLeod                    Merrill

                                  3953
                   WEDNESDAY, MAY 25, 2005

Miller                 J. M. Neal             Norman
Ott                    Owens                  Parks
Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Rhoad
Rice                   Sandifer               Scarborough
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Umphlett               Vaughn                 Walker
Weeks                  Whipper                White
Whitmire               Witherspoon            Young

               STATEMENT OF ATTENDANCE
 I came in after the roll call and was present for the Session on
Wednesday, May 25.
        Paul Agnew                    Joseph Neal
        Gloria Haskins                Jerry Govan
        Denny Neilson                 Tracy Edge
        Lanny Littlejohn              Thad Viers
        Ted Vick                      Kenneth Kennedy
        John Scott                    David Wilkins
        Todd Rutherford               Karl Allen

                             Total--116

                    LEAVE OF ABSENCE
  The SPEAKER PRO TEMPORE granted Rep. WILKINS a
temporary leave of absence to attend confirmation hearings in
Washington, D.C.

                        LEAVE OF ABSENCE
   The SPEAKER PRO TEMPORE granted Rep. F. N. SMITH a leave
of absence for the day due to a death in the family.

                    SPECIAL PRESENTATION
  Rep. RHOAD presented to the House the Bamberg-Ehrhardt Golf
Team, the Class A Champions, their coach and other school officials.



                                3954
                     WEDNESDAY, MAY 25, 2005

                     SPECIAL PRESENTATION
  Rep. GOVAN presented to the House the Claflin University coaches
and other school officials for being named the Eastern Intercollegiate
Athletic Conference's Best Overall Program.

                           CO-SPONSORS ADDED
   In accordance with House Rule 5.2 below:
   "5.2 Every bill before presentation shall have its title endorsed;
every report, its title at length; every petition, memorial, or other paper,
its prayer or substance; and, in every instance, the name of the member
presenting any paper shall be endorsed and the papers shall be
presented by the member to the Speaker at the desk. After a bill or
resolution has been presented and given first reading, no further names
of co-sponsors may be added. A member may add his name to a bill or
resolution or a co-sponsor of a bill or resolution may remove his name
at any time prior to the bill or resolution receiving passage on second
reading. The member or co-sponsor shall notify the Clerk of the House
in writing of his desire to have his name added or removed from the
bill or resolution. The Clerk of the House shall print the member’s or
co-sponsor’s written notification in the House Journal. The removal or
addition of a name does not apply to a bill or resolution sponsored by a
committee.”

                       CO-SPONSOR ADDED
Bill Number:     H. 4099
Date:            ADD:
05/25/05         R. BROWN

                       CO-SPONSOR ADDED
Bill Number:     H. 4128
Date:            ADD:
05/25/05         OWENS

        H. 3499--FREE CONFERENCE POWERS GRANTED
   Rep. WALKER moved that the Committee of Conference on the
following Bill be resolved into a Committee of Free Conference and
briefly explained the Conference Committee's reasons for this request:

  H. 3499 -- Reps. Harrell, Wilkins, Townsend, Leach, Bales,
G. R. Smith, J. R. Smith, Battle, Cobb-Hunter, Neilson, Clark,
Harrison, Skelton, Moody-Lawrence, Rice, Harvin, Ott, J. E. Smith,

                                    3955
                    WEDNESDAY, MAY 25, 2005

Merrill, Mack, Hinson, Cotty, Norman, Talley, Chellis, Hardwick,
Clemmons, Bailey, Dantzler, Walker, Cooper, E. H. Pitts, Ballentine,
Bowers, Huggins and Hagood: A BILL TO AMEND THE CODE OF
LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10,
ENTITLED PHYSICAL EDUCATION AND NUTRITIONAL
STANDARDS, TO TITLE 59 SO AS TO ESTABLISH PHYSICAL
EDUCATION       AND      NUTRITIONAL         STANDARDS           IN
ELEMENTARY SCHOOLS, TO PROVIDE FOR THE AMOUNT OF
PHYSICAL EDUCATION INSTRUCTION A STUDENT IN
KINDERGARTEN THROUGH FIFTH GRADE MUST RECEIVE
EACH WEEK ON A PHASED-IN BASIS, PROVIDE FOR A
MEASURE OF EFFECTIVENESS OF THE PHYSICAL
EDUCATION PROGRAM IN ALL PUBLIC SCHOOLS, PROVIDE
FOR A PHYSICAL EDUCATION ACTIVITY DIRECTOR,
PROVIDE CERTAIN NUTRITIONAL STANDARDS FOR
ELEMENTARY SCHOOLS, PROVIDE THAT ELEMENTARY
SCHOOLS SHALL REMOVE CERTAIN FOOD AND DRINKS
FROM VENDING MACHINES, PROVIDE THE MINIMUM
AMOUNT OF TIME ELEMENTARY SCHOOL STUDENTS MUST
HAVE TO EAT LUNCH, PROVIDE FOR THE ESTABLISHMENT
OF A DISTRICT LEVEL AND AN ELEMENTARY SCHOOL
LEVEL COORDINATED SCHOOL HEALTH ADVISORY
COUNCIL AND PROVIDE ITS POWERS AND DUTIES, PROVIDE
FOR NUTRITIONAL EDUCATION, AND PROVIDE A MEASURE
OF EFFECTIVENESS OF HEALTH EDUCATION PROGRAMS.

  The yeas and nays were taken resulting as follows:
                           Yeas 88; Nays 5

 Those who voted in the affirmative are:
Agnew                   Allen                   Altman
Anthony                 Bailey                  Bales
Ballentine              Battle                  Bowers
Brady                   Branham                 G. Brown
J. Brown                R. Brown                Cato
Chalk                   Chellis                 Clark
Clemmons                Clyburn                 Cobb-Hunter
Coleman                 Cooper                  Cotty
Dantzler                Davenport               Delleney
Emory                   Funderburk              Govan
Hagood                  Haley                   Hamilton

                                  3956
                   WEDNESDAY, MAY 25, 2005

Harrell                Hayes                 Herbkersman
J. Hines               M. Hines              Hinson
Hiott                  Hosey                 Howard
Huggins                Jennings              Kirsh
Leach                  Limehouse             Lucas
Mack                   Mahaffey              Martin
McCraw                 McGee                 McLeod
Merrill                J. H. Neal            J. M. Neal
Norman                 Ott                   Owens
Parks                  Phillips              M. A. Pitts
Rhoad                  Rice                  Sandifer
Scarborough            Scott                 Simrill
Sinclair               Skelton               D. C. Smith
G. R. Smith            J. R. Smith           W. D. Smith
Stewart                Talley                Taylor
Toole                  Townsend              Umphlett
Vaughn                 Walker                Whipper
White                  Whitmire              Witherspoon
Young

                              Total--88

Those who voted in the negative are:
Loftis                 E. H. Pitts           G. M. Smith
Thompson               Weeks

                               Total--5

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

  The Committee of Conference was thereby resolved into a
Committee of Free Conference. The SPEAKER PRO TEMPORE
appointed Reps. WALKER, TOWNSEND and ANTHONY to the
Committee of Free Conference and a message was ordered sent to the
Senate accordingly.




                                 3957
                  WEDNESDAY, MAY 25, 2005

      H. 3499--FREE CONFERENCE REPORT ADOPTED

              FREE CONFERENCE REPORT
                           H. 3499
      The General Assembly, Columbia, S.C., May 24, 2005

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
(Doc.     No.  P:\LEGWORK\HOUSE\AMEND\COUNCIL\PT\
2695SJ05.DOC)

 H. 3499 -- Reps. Harrell, Wilkins, Townsend, Leach, Bales,
 G.R. Smith, J.R. Smith, Battle, Cobb-Hunter, Neilson, Clark,
 Harrison, Skelton, Moody-Lawrence, Rice, Harvin, Ott, J.E. Smith,
 Merrill, Mack, Hinson, Cotty, Norman, Talley, Chellis, Hardwick,
 Clemmons, Bailey, Dantzler, Walker, Cooper, E.H. Pitts, Ballentine,
 Bowers, Huggins and Hagood: A BILL TO AMEND THE CODE
 OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
 CHAPTER 10, ENTITLED PHYSICAL EDUCATION AND
 NUTRITIONAL STANDARDS, TO TITLE 59 SO AS TO
 ESTABLISH PHYSICAL EDUCATION AND NUTRITIONAL
 STANDARDS IN ELEMENTARY SCHOOLS, TO PROVIDE FOR
 THE AMOUNT OF PHYSICAL EDUCATION INSTRUCTION A
 STUDENT IN KINDERGARTEN THROUGH FIFTH GRADE
 MUST RECEIVE EACH WEEK ON A PHASED-IN BASIS,
 PROVIDE FOR A MEASURE OF EFFECTIVENESS OF THE
 PHYSICAL EDUCATION PROGRAM IN ALL PUBLIC
 SCHOOLS, PROVIDE FOR A PHYSICAL EDUCATION
 ACTIVITY DIRECTOR, PROVIDE CERTAIN NUTRITIONAL
 STANDARDS FOR ELEMENTARY SCHOOLS, PROVIDE
 THAT ELEMENTARY SCHOOLS SHALL REMOVE CERTAIN
 FOOD AND DRINKS FROM VENDING MACHINES, PROVIDE
 THE MINIMUM AMOUNT OF TIME ELEMENTARY SCHOOL
 STUDENTS MUST HAVE TO EAT LUNCH, PROVIDE FOR
 THE ESTABLISHMENT OF A DISTRICT LEVEL AND AN
 ELEMENTARY SCHOOL LEVEL COORDINATED SCHOOL
 HEALTH ADVISORY COUNCIL AND PROVIDE ITS POWERS
 AND DUTIES, PROVIDE FOR NUTRITIONAL EDUCATION,
 AND PROVIDE A MEASURE OF EFFECTIVENESS OF
 HEALTH EDUCATION PROGRAMS.



                                3958
                    WEDNESDAY, MAY 25, 2005

Beg leave to report that they have duly and carefully considered the
same and recommend:
   That the same do pass with the following amendments:
   Amend the bill, as and if amended, by striking all after the enacting
words and inserting therein the following:
/ SECTION 1. (A) The General Assembly finds that:
      (1) South Carolina ranks tenth in the United States for the
number of overweight and obese people;
      (2) The number of overweight children in South Carolina has
tripled since the 1960’s;
      (3) South Carolina ranks first in the number of strokes, third in
heart disease, and tenth in diabetes;
      (4) Twenty-five percent of children ages five to ten have high
cholesterol, high blood pressure, or other early warning signs of heart
disease;
      (5) Regular physical activity helps to improve strength and
endurance, prevents obesity and controls body weight, helps build
healthy bones and muscles, and reduces anxiety and stress;
      (6) Newly completed research shows a significant relationship
between academic achievement and physical fitness; and
      (7) According to a national report, for the first time in one
hundred years the current generation of people will have a shorter life
span than the previous generation due to a sedentary lifestyle.
   (B) The General Assembly further finds that one goal of public
education is to assist all students in reaching their full academic
potential and that a child’s health impacts his school attendance,
readiness to learn, potential learning, and achievement. In this regard,
the General Assembly believes that each public elementary school in
this State should have a full-time school nurse in order to:
      (1) improve early detection of health problems that can interfere
with learning or lead to more serious or disabling health conditions;
      (2) prevent disease by teaching and encouraging healthy
lifestyles and habits that have lifelong implications for children and
their families;
      (3) provide valuable health services, including administering
medications and care management necessary for those students who
have chronic or episodic health conditions and disabilities; and
      (4) care for students who incur injuries at school including
injuries that require medical attention.



                                  3959
                     WEDNESDAY, MAY 25, 2005

SECTION 2. This act may be cited as the Students Health and Fitness
Act of 2005.

SECTION 3. Title 59 of the 1976 Code is amended by adding:
                             “CHAPTER 10
 Physical Education, School Health Services, and Nutritional Standards
                                Article 1
                      Physical Education Standards
   Section 59-10-10. (A) The goal of this article is to provide every
elementary student with the equivalent of thirty minutes of physical
activity daily. Beginning in the 2006-07 school year, students in
kindergarten through fifth grade must be provided a minimum of one
hundred fifty minutes a week of physical education and physical
activity. In 2006-07, a minimum of sixty minutes a week must be
provided in physical education, and as Section 59-10-20 is phased in,
the minimum time for physical education is must be increased to ninety
minutes a week. The certified physical education teacher to student
ratio is designed to provide students in kindergarten through fifth grade
with scheduled physical education either every day or on alternate days
throughout the school year and must be based on the South Carolina
Physical Education Curriculum Standards. The student to teacher ratio
in a physical education class may not exceed the average student to
teacher ratio of 28 to 1. An individual student’s fitness status must be
reported to his parent or guardian during a student’s fifth grade, eighth
grade, and high school physical education courses. The physical
activity must be planned and coordinated by the Physical Education
Activity Director pursuant to Section 59-10-30.
   (B) A student may be exempted from these physical education and
activity requirements required by subsection (A) by seeking a waiver as
outlined in Section 59-29-80(B).
   (C) During each year of implementation of the reduced student to
physical education teacher ratio, each district shall report to the State
Department of Education by June fifteenth, the number of minutes of
physical education instruction and the minutes of additional physical
activity students receive daily with a total for the week. The report
must be listed by elementary school and by individual class and grade
level. The State Department of Education shall provide a summary of
this information to the General Assembly by December first of each
year of implementation.
   (D) The implementation of decreased student to teacher ratio and
increased instruction in physical education pursuant to Section

                                   3960
                     WEDNESDAY, MAY 25, 2005

59-10-20 is not intended to replace or reduce time dedicated to
instruction in the arts taught by certified arts specialists.
   Section 59-10-20. (A) Beginning with the 2006-07 school year, the
student to certified physical education teacher ratio in the elementary
schools of the State must be 700 to 1.
   (B) Beginning with the 2007-08 school year, the student to certified
physical education teacher ratio in the elementary schools of the State
must be 600 to 1.
   (C) Beginning with the 2008-09 school year, the student to certified
physical education teacher ratio in the elementary schools of the State
must be 500 to 1.
   Section 59-10-30. (A) Each elementary school shall designate a
physical education teacher to serve as its Physical Education Activity
Director. The Physical Education Activity Director shall plan and
coordinate opportunities for additional physical activity for students
that exceed the designated weekly student physical education
instruction times that may include, but not be limited to, before, during,
and after school dance instruction, fitness trail programs, intramural
programs, bicycling programs, walking programs, recess, and activities
designed to promote physical activity opportunities in the classroom.
   (B) In schools having dance education specialists, instruction based
on the South Carolina Dance Curriculum Standards and the dance
components of the South Carolina Physical Education Standards may
be used to satisfy one-fourth of the required physical education
minutes.
   (C) Noncertified or adult volunteers may assist in implementing or
supervising these structured physical activities if approved by the
district superintendent. If volunteers are used, appropriate liability
insurance must be provided. The director annually shall submit to the
principal a report outlining the additional physical activities for
students.
   Section 59-10-40. Appropriate professional development must be
provided to teachers and volunteers on the importance of physical
activity for young children and the relationship of activity and good
nutrition to academic performance and healthy lifestyles.
   Section 59-10-50. (A) Each public school in this State shall
administer the South Carolina Physical Education Assessment.
Assessment of students in second grade, fifth grade, eighth grade, and
high school must be used to assess the effectiveness of the school’s
physical education program and its adherence to the South Carolina
Physical Education Curriculum Standards. The State Department of

                                   3961
                    WEDNESDAY, MAY 25, 2005

Education shall develop a procedure for calculating a district and
school physical education program effectiveness score. The district
and school physical education effectiveness score must be reported to
the education community through the district and school report card.
  (B) The physical education teachers in a school that receives an
unsatisfactory program effectiveness score pursuant to subsection (A),
will be provided professional development activities designed to assist
the school in improving its programs’ effectiveness.
  Section 59-10-60. Each district shall make every effort to ensure
that the schools in its district have age appropriate equipment and
facilities to implement the physical education curriculum standards.
                                Article 2
                         School Health Services
  Section 59-10-210. Beginning with the 2007-08 school year, the
General Assembly, annually in the General Appropriations Act, shall
appropriate funds to the Department of Education to provide licensed
nurses for elementary public schools. The State Department of
Education shall make these funds available through a grant program
and shall distribute the funds to the local school districts on a per
school basis.
                                Article 3
                           Nutrition Standards
  Section 59-10-310. In an effort to promote optimal healthy eating
patterns, the State Board of Education by policy shall establish
requirements for elementary school food service meals and competitive
foods based upon the recommendations outlined in the State
Department of Education Task Force on Student Nutrition and Physical
Activity Report, National School Lunch Act, and the most recent
applicable Dietary Guidelines for Americans.
  Section 59-10-320. (A) The State Department of Education shall
make available to each school district a coordinated school health
model designed to address health issues of children. The program must
provide for coordinating the following eight components: safe and
healthy environment, physical education, health education, staff
wellness, health services, guidance and health, nutrition services, and
parent and community involvement. The Department of Education
shall notify each school district of the availability of professional
development opportunities and provide technical assistance for
implementing the coordinated school health model.
  (B) The Department of Education shall develop or adopt an
assessment program to evaluate district and school health education

                                  3962
                     WEDNESDAY, MAY 25, 2005

programs. At a minimum, the assessment must be designed to
determine program effectiveness and adherence to South Carolina
Health and Safety Education Curriculum Standards. The State
Department of Education shall begin piloting health education
assessments in the 2006-07 school year with implementation in the
2008-09 school year.
   Section 59-10-330. (A) Each school district shall establish and
maintain a Coordinated School Health Advisory Council (CSHAC) to
assess, plan, implement, and monitor district and school health policies
and programs, including the development of a district wellness policy
to begin implementation in the 2006-07 school year. The council must
be composed of members of the community, school representatives,
students, parents, district food service employees, and school board
members.
   (B) Each district, in collaboration with the CSHAC, shall develop a
school health improvement plan that addresses strategies for improving
student nutrition, health, and physical activity and includes the
district’s wellness policy. The district health improvement plan goals
and progress toward those goals must be included in the district’s
strategic plan required pursuant to Section 59-20-60.
   (C) Each school board of trustees shall establish health and nutrition
policies for its elementary schools designed to limit vending sales and
sales of foods and beverages of minimal nutritional value at any time
during the school day except in the case of medical emergency and
special occasions celebrated during school hours. However, this policy
does not restrict the food that a parent or guardian may provide for his
child’s consumption at school. A school district board of trustees may
adopt a more restrictive policy.
   Section 59-10-340. Each district’s Coordinated School Health
Advisory Council established pursuant to Section 59-10-330 shall
determine which snacks may be sold in vending machines in
elementary schools.
   Section 59-10-350. Each elementary school shall provide students a
minimum of twenty minutes to eat lunch once they have received their
food. In determining the total length of the lunch period, time to and
from the cafeteria, time to go through the line, and time to bus trays at
the end of lunch must be considered.
   Section 59-10-360. Health curriculum for students in kindergarten
through fifth grade must include a weekly nutrition component.
   Section 59-10-370. Each phase of implementation of this chapter is
contingent upon the appropriation of adequate funding as documented

                                   3963
                    WEDNESDAY, MAY 25, 2005

by the fiscal impact statement provided by the Office of State Budget
of the State Budget and Control Board. There is no mandatory
financial obligation to school districts if state funding is not
appropriated for each phase of implementation as provided for in the
fiscal impact statement of the Office of the State Budget of the State
Budget and Control Board.
   Section 59-10-380. Nothing in this article may be construed to
prohibit or limit the sale or distribution of any food or beverage item
through fundraisers by students, teachers, or groups when the items are
intended for sale off the school campus.”

SECTION 4. This act takes effect upon approval by the Governor. /
Amend the bill further, by striking all before the enacting words and
inserting:

  / TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
  1976, BY ADDING CHAPTER 10, ENTITLED PHYSICAL
  EDUCATION,    SCHOOL    HEALTH   SERVICES,   AND
  NUTRITIONAL STANDARDS, TO TITLE 59 SO AS TO
  ESTABLISH PHYSICAL EDUCATION, SCHOOL HEALTH
  SERVICES,   AND    NUTRITIONAL   STANDARDS     IN
  ELEMENTARY SCHOOLS; TO PROVIDE FOR THE AMOUNT
  OF PHYSICAL EDUCATION INSTRUCTION A STUDENT IN
  KINDERGARTEN THROUGH FIFTH GRADE MUST RECEIVE
  EACH WEEK ON A PHASED-IN BASIS; TO PROVIDE FOR A
  CERTAIN PHYSICAL EDUCATION TEACHER TO STUDENT
  RATIO ON A PHASED-IN BASIS; TO PROVIDE FOR A
  MEASURE OF EFFECTIVENESS OF THE PHYSICAL
  EDUCATION PROGRAM IN ALL PUBLIC SCHOOLS; TO
  PROVIDE FOR A PHYSICAL EDUCATION ACTIVITY
  DIRECTOR; TO PROVIDE FOR THE APPROPRIATION OF
  FUNDS FOR LICENSED NURSES FOR ELEMENTARY PUBLIC
  SCHOOLS;   TO    PROVIDE   CERTAIN   NUTRITIONAL
  STANDARDS FOR ELEMENTARY SCHOOLS; TO PROVIDE
  FOR A COORDINATED SCHOOL HEALTH MODEL AND AN
  ASSESSMENT     PROGRAM    FOR   SCHOOL   HEALTH
  EDUCATION PROGRAMS; TO PROVIDE THE MINIMUM
  AMOUNT OF TIME ELEMENTARY SCHOOL STUDENTS
  MUST HAVE TO EAT LUNCH; TO PROVIDE FOR THE
  ESTABLISHMENT OF A DISTRICT LEVEL AND AN
  ELEMENTARY SCHOOL LEVEL COORDINATED SCHOOL

                                  3964
                     WEDNESDAY, MAY 25, 2005

  HEALTH ADVISORY COUNCIL AND PROVIDE ITS POWERS
  AND DUTIES; TO PROVIDE FOR A WEEKLY NUTRITION
  COMPONENT FOR THE HEALTH CURRICULUM; AND TO
  PROVIDE THAT IMPLEMENTATION IS CONTINGENT UPON
  THE APPROPRIATION OF FUNDING. /
  Amend title to conform.

The Hon. Robert W. Hayes, Jr.       The Hon. Robert E. Walker
The Hon. Linda H. Short             The Hon. Ronald P. Townsend
The Hon. Darrell Jackson            The Hon. Michael A. Anthony
  On Part of the Senate.             On Part of the House.

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

    H. 4142--RECONSIDERED, AMENDED AND ORDERED TO
                         THIRD READING
   Rep. CLYBURN moved to reconsider the vote whereby the
following Bill was given a second reading, which was agreed to:

  H. 4142 -- Rep. Clyburn: A BILL TO PROVIDE THAT THE
EDGEFIELD COUNTY SCHOOL DISTRICT BOARD OF
TRUSTEES SHALL HAVE A SPECIAL MEETING BEFORE A
REDISTRICTING PLAN MAY BE APPROVED.

   Rep. CLYBURN proposed the following Amendment No. 1 (Doc
Name COUNCIL\PT\2691SJ05), which was adopted:
   Amend the bill, as and if amended, by deleting all after the enacting
words and inserting:
   / SECTION 1. Section 1 of Act 595 of 1992 is amended to read:
     The Edgefield County School District shall must be composed of
seven single-member districts from which members of the board of
trustees of the district shall must be elected: beginning with the election
conducted in 2006 by the qualified electors of that district as delineated
on map number S-37-00-05, maintained by the Office of Research and
Statistics of the State Budget and Control Board.
   DISTRICT 1
   AreaPopulation
   Edgefield County
     JOHNSTON 1 2,177
     JOHNSTON 2

                                    3965
                    WEDNESDAY, MAY 25, 2005

       Tract 9703.00
           Blocks: 112, 113A, 113B, 114, 115, 116, 117, 118, 119,
120, 121, 122, 123, 124, 125, 126, 127, 128, 129A, 129B, 130, 131,
132, 133A, 133B, 134, 157, 158, 166, 167     402
  DISTRICT TOTAL 2,579
  DISTRICT 2
  AreaPopulation
  Edgefield County
     EDGEFIELD 1
       Tract 9702.00
           Blocks: 533B, 534, 536, 537, 538, 539, 540, 541, 553,
554, 555B, 556, 559B, 562B, 563A, 563B, 564, 565B, 565C, 566A,
566B, 567, 568, 569, 570, 571, 572, 573, 574, 575, 576, 577, 578, 579,
580 283
     HARMONY         819

     JOHNSTON 2
       Tract 9703.00
            Blocks: 101, 102A, 102B, 102C, 103A, 103B, 104A,
104B, 105A, 105B, 105C, 106A, 106B, 106C, 107, 108, 109, 110, 111,
135, 136, 137, 138, 139, 140A, 140B, 140C, 141A, 141B, 142A, 142B,
143, 144, 145, 146, 147A, 147B, 148, 149, 150, 151, 152, 153, 154,
155, 156, 159, 160, 161, 162, 163, 164, 165, 201, 202, 203, 204, 205,
206A, 206B, 207, 208, 292, 293, 294, 295, 296, 297 1,416
     TRENTON
       Tract 9704.00
            Blocks: 104, 105, 130A, 130B, 131, 201, 202, 203, 204,
205, 206A, 206B, 207, 208A, 208B, 209A, 209B, 210, 211, 212, 213,
215, 220, 258, 259 195
  DISTRICT TOTAL 2,713
  DISTRICT 3
  AreaPopulation
  Edgefield County
     KENDALL
       Tract 9702.00
            Blocks: 622B, 626B, 627, 628, 629, 630D, 632B, 633,
634, 635, 636, 637, 638, 639, 640 224
     TRENTON
       Tract 9704.00
            Blocks: 103, 106A, 106B, 107, 108, 109, 110, 111, 112,
113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126,

                                 3966
                    WEDNESDAY, MAY 25, 2005

127, 128, 129A, 129B, 132, 133, 134, 135, 136, 137, 138, 139, 140,
141A, 141B, 142A, 142B, 143, 144A, 144B, 145A, 145B, 146, 147,
148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161,
162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 179, 180,
182, 183, 184, 214, 216A, 216B, 217, 218A, 218B, 219A, 219B, 219C,
221, 222, 223, 224A, 224B, 225, 226, 227A, 227B, 227C, 228, 229,
230, 231, 232, 233A, 233B, 234A, 234B, 234C, 235, 236, 237, 238,
239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252,
253, 254, 255, 256, 257, 260, 261, 262, 263, 264, 265, 266, 267, 268,
269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282,
283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296,
297 1,426
       Tract 9705.00
            Blocks: 401, 402, 403, 404, 405, 408, 409, 410, 411, 412,
413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426,
427, 428, 429, 430, 431, 432, 433, 436, 437, 438 939
  DISTRICT TOTAL 2,589
  DISTRICT 4
  AreaPopulation
  Edgefield County
     EDGEFIELD 1
       Tract 9702.00
            Blocks: 433A, 436A, 437A, 438A, 439, 440A, 442, 443,
444A, 446, 447A, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457,
458, 459, 460, 461, 462, 463, 526A, 527, 528, 529, 530, 531, 532,
533A, 535, 555A, 557, 558, 559A, 560, 561, 562A, 565A 677
     EDGEFIELD 2
       Tract 9702.00
            Blocks: 216A, 217, 224, 225, 226A, 303A, 309A, 311A,
312, 313, 314A, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325,
326A, 327A, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344,
345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358
1,022
     KENDALL
       Tract 9702.00
            Blocks: 601, 602, 603, 604, 605, 606, 607, 608, 609, 610,
611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622A, 623, 624,
625, 626A, 630A, 630B, 630C, 631, 632A, 641, 642, 643        864
  DISTRICT TOTAL 2,563
  DISTRICT 5
  AreaPopulation

                                 3967
                   WEDNESDAY, MAY 25, 2005

  Edgefield County
    BRUNSON        803

     EDGEFIELD 1
       Tract 9702.00
            Blocks: 194, 401, 402, 403, 404, 405, 406, 407, 408, 410,
411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424,
425, 426, 427, 428, 429, 430, 431, 432, 433B, 434, 435, 436B, 437B,
438B, 440B, 441, 444B, 445, 447B, 522, 523, 524, 525, 526B       307
     EDGEFIELD 2
       Tract 9702.00
            Blocks: 214, 215, 216B, 218, 219, 220, 221, 222, 223,
301, 302, 303B, 304, 305, 306, 307, 308, 309B, 310, 311B, 314B,
326B, 327B, 328, 329, 330, 331, 332, 333      551
     JOHNSTON 2
       Tract 9702.00
            Blocks: 134, 135, 136, 137, 150, 151, 152, 153, 154, 155
206
     NORTH SIDE         727
  DISTRICT TOTAL 2,594
  DISTRICT 6
  AreaPopulation
  Edgefield County
     MERRIWETHER
       Tract 9705.00
            Blocks: 158, 159, 160, 161, 162, 163, 164, 165, 166, 167,
169, 189, 190, 201, 202, 203, 204, 205, 206, 207A, 207B, 207C, 207D,
208, 209A, 209B, 211, 220, 224A, 224B, 225A, 225B, 226, 227, 228,
229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242,
243, 244, 245, 246, 247, 248, 249, 250, 251, 301, 302, 303, 304, 305,
308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321,
322 1,692
     TRENTON
       Tract 9704.00
            Blocks: 174, 175, 176, 177, 178, 181, 185, 186, 187, 188,
189, 190, 191, 192, 193, 194, 195, 196, 197 674
       Tract 9705.00
            Blocks: 306, 307, 406, 407, 434, 435    319
  DISTRICT TOTAL 2,685

  DISTRICT 7

                                 3968
                    WEDNESDAY, MAY 25, 2005

   AreaPopulation
   Edgefield County
     EDGEFIELD 2
        Tract 9702.00
            Blocks: 211, 212, 213, 226B, 227, 228, 229, 230, 231,
232, 233, 234, 235 176
        Tract 9705.00
            Blocks: 101, 102, 103, 105, 108, 109, 110, 111, 113
103
     MERRIWETHER
        Tract 9705.00
            Blocks: 112, 114, 115, 116, 117, 118, 119, 120, 121, 122,
123, 124, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143,
144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157,
168, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182,
183, 184, 185, 186, 187, 188, 191, 192, 193, 194, 195, 196, 197, 210,
212, 213, 214, 215, 216, 217, 218, 219, 221, 222A, 222B, 223 1,416
     WEST SIDE        957
   DISTRICT TOTAL 2,652
   SECTION 2. This act takes effect upon approval by the Governor./
   Amend the bill further, by deleting all before the enacting words and
inserting:
   / TO AMEND ACT 595 OF 1992, RELATING TO THE BOARD
OF TRUSTEES OF THE EDGEFIELD COUNTY SCHOOL
DISTRICT, SO AS TO REVISE THE SEVEN SINGLE-MEMBER
DISTRICTS FROM WHICH THE TRUSTEES ARE ELECTED. /
   Renumber sections to conform.
   Amend title to conform.

  Rep. CLYBURN explained the amendment.
  The amendment was then adopted.

  The Bill, as amended, was read the second time and ordered to third
reading.

      RETURNED TO THE SENATE WITH AMENDMENTS
   The following Bills were taken up, read the third time, and ordered
returned to the Senate with amendments:

  S. 808 -- Senators Patterson, Courson, Lourie and Jackson: A BILL
TO DEVOLVE THE AUTHORITY TO APPOINT THE MEMBERS

                                  3969
                   WEDNESDAY, MAY 25, 2005

OF THE RICHLAND COUNTY RECREATION COMMISSION
FROM THE RICHLAND COUNTY LEGISLATIVE DELEGATION
TO THE GOVERNING BODY OF RICHLAND COUNTY.

  S. 607 -- Senators Lourie, J. V. Smith, Anderson, Hayes, Land,
Malloy, Ford, Elliott, Richardson, Matthews, Patterson, Grooms,
McConnell, Short, Williams, Cleary, Leventis, Martin, Hutto, Scott,
Thomas and Jackson: A BILL TO AMEND THE CODE OF LAWS
OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 7 TO
TITLE 37 SO AS TO PROVIDE FOR THE LICENSING AND
REGULATION OF CONSUMER CREDIT COUNSELING IN THIS
STATE BY THE DEPARTMENT OF CONSUMER AFFAIRS
INCLUDING DEFINITIONS, LICENSING REQUIREMENTS, A
WRITTEN CONTRACT, A THOROUGH BUDGET ANALYSIS, A
TRUST     ACCOUNT        WITH      AT    LEAST      QUARTERLY
ACCOUNTINGS TO THE CONSUMER, A SURETY BOND, A
LIMITATION ON FEES, REPORTS TO THE DEPARTMENT, A
LIST OF PROHIBITED ACTIVITIES, CIVIL AND CRIMINAL
PENALTIES FOR A VIOLATION, AND MAKING A VIOLATION
AN UNFAIR TRADE PRACTICE SUBJECT TO THE UNFAIR
TRADE PRACTICES ACT.

  S. 637 -- Senators Jackson, Malloy, J. V. Smith, Matthews, Reese,
Short, McGill, Leventis, Williams, Patterson and Pinckney: A BILL
TO AMEND CHAPTER 68, TITLE 40, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE REGULATION
OF STAFF LEASING SERVICES, SO AS TO CHANGE THE TERM
"STAFF LEASING SERVICES" TO "PROFESSIONAL EMPLOYER
ORGANIZATIONS" AND TO PROVIDE FOR THE LICENSURE
AND REGULATION OF THESE ORGANIZATIONS THAT
PROVIDE EMPLOYEES TO BUSINESSES GENERALLY ON A
LONG TERM BASIS; AND AMONG OTHER THINGS, TO
REQUIRE TWO YEARS OF INDUSTRY EXPERIENCE TO BE
LICENSED AND TO PROVIDE A GRANDFATHER PROVISION
FOR EXISTING LICENSEES PROVIDING THESE SERVICES; TO
ESTABLISH CONTINUING EDUCATION REQUIREMENTS; TO
AUTHORIZE THE DEPARTMENT OF CONSUMER AFFAIRS TO
USE AN ASSURANCE ORGANIZATION TO CERTIFY THE
QUALIFICATIONS OF A PROFESSIONAL EMPLOYER
ORGANIZATION FOR LICENSURE; TO SPECIFY INSURANCE
INFORMATION THAT AN ORGANIZATION MUST PROVIDE TO

                                3970
                   WEDNESDAY, MAY 25, 2005

EMPLOYEES AND THE DEPARTMENT; AND TO FURTHER
SPECIFY REQUIREMENTS WHEN PROVIDING EMPLOYEE
INSURANCE.

  S. 588 -- Senators Martin, Thomas, Bryant, McConnell, Alexander,
Hayes and Malloy: A BILL TO AMEND CHAPTER 1 OF TITLE 35,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
THE UNIFORM SECURITIES ACT, SO AS TO ENACT THE
SOUTH CAROLINA UNIFORM SECURITIES ACT OF 2005,
PROVIDING FOR AN ENHANCED ROLE OF THE STATE IN
SECURITIES REGULATION AND INVESTOR PROTECTION
INCLUDING REGISTRATION OF INITIAL PUBLIC OFFERINGS
BY ISSUERS AND CONTROL PERSONS; REGISTRATION OF
BROKER-DEALERS AND THEIR AGENTS AND INVESTMENT
ADVISORS AND THEIR REPRESENTATIVES; EXPANDED
INVESTIGATORY AND ENFORCEMENT POWERS THROUGH
SUBPOENA POWER, CRIMINAL PENALTIES SET BY THE
STATE, AND STATE CIVIL AND ADMINISTRATIVE
LIABILITY; FACILITATION OF ELECTRONIC FILING; AND
INVESTOR EDUCATION; TO AMEND SECTION 31-13-200,
RELATING TO HOUSING AND REDEVELOPMENT NOTES AND
BONDS; SECTION 35-6-10, AS AMENDED, RELATING TO
DEFINITIONS FOR PURPOSES OF THE UNIFORM TRANSFER
ON DEATH SECURITY REGISTRATION ACT; SECTION 37-1-
202, RELATING TO TRANSACTIONS NOT SUBJECT TO THE
CONSUMER PROTECTION CODE; SECTION 38-90-440, AS
AMENDED, RELATING TO THE STATE REGISTRATION OF A
CAPTIVE INSURANCE COMPANY; AND SECTION 41-44-60,
RELATING TO THE PALMETTO SEED CAPITAL FUND, ALL SO
AS TO CONFORM CROSS-REFERENCES TO THE UNIFORM
SECURITIES ACT OF 2005.

  S. 227 -- Senators Fair, Campsen and Leventis: A BILL TO
AMEND SECTION 20-7-1695, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO PERSONS FROM
WHOM CONSENT OR RELINQUISHMENT FOR ADOPTION IS
REQUIRED, SO AS TO PROVIDE THAT CONSENT OR
RELINQUISHMENT IS NOT REQUIRED IF THE CHILD WHO IS
THE SUBJECT OF THE ADOPTION PROCEEDING WAS
CONCEIVED AS A RESULT OF CRIMINAL SEXUAL CONDUCT
OR INCEST; AND TO AMEND SECTION 20-7-1572, AS

                               3971
                   WEDNESDAY, MAY 25, 2005

AMENDED, RELATING TO GROUNDS FOR TERMINATION OF
PARENTAL RIGHTS, SO AS TO PROVIDE THAT IT IS A
GROUND FOR TERMINATION OF PARENTAL RIGHTS IF THE
CHILD WAS CONCEIVED AS A RESULT OF CRIMINAL
SEXUAL CONDUCT OR INCEST.

  S. 95 -- Senators McConnell, Sheheen, Knotts and Elliott: A BILL
TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO REGULATION OF
UNSOLICITED CONSUMER TELEPHONE CALLS AND
SECTION 34-36-40, RELATING TO LOAN BROKERS, BOTH SO
AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF
CONSUMER AFFAIRS TO REQUEST A HEARING BEFORE THE
ADMINISTRATIVE LAW COURT AND TO PROVIDE THAT THE
DEPARTMENT MAY REQUEST THAT THE ADMINISTRATIVE
LAW JUDGE DIVISION IMPOSE A CIVIL FINE FOR A
VIOLATION; TO AMEND SECTION 37-6-106, RELATING TO
THE INVESTIGATORY POWERS OF THE ADMINISTRATOR OF
THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO
PROVIDE THAT THE ADMINISTRATOR MAY APPLY TO THE
ADMINISTRATIVE LAW COURT, RATHER THAN THE COURT
OF COMMON PLEAS, FOR AN ORDER COMPELLING
COMPLIANCE WITH A SUBPOENA; TO AMEND SECTIONS 37-
6-108 AND 37-6-113, RELATING TO AN ORDER OF THE
ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER
AFFAIRS, SO AS TO PROVIDE A PROCEDURE FOR THE
ADMINISTRATOR TO REQUEST A HEARING BEFORE THE
ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR
JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW COURT'S
ORDER AS PROVIDED IN THE ADMINISTRATIVE
PROCEDURES ACT AND THE RULES GOVERNING PRACTICE
BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND
SECTION 37-6-401, RELATING TO THE POWERS OF THE
ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER
AFFAIRS, SO AS TO PROVIDE THAT A CONFLICT BETWEEN
THE PROVISIONS OF PART 4, CHAPTER 6, TITLE 37 AND THE
ADMINISTRATIVE PROCEDURES ACT MUST BE RESOLVED
IN FAVOR OF THE LATTER; TO AMEND SECTION 37-6-414,
RELATING TO JUDICIAL REVIEW OF CASES, SO AS TO
PROVIDE THAT A PERSON WHO HAS EXHAUSTED
ADMINISTRATIVE REMEDIES BEFORE THE ADMINISTRATOR

                               3972
               WEDNESDAY, MAY 25, 2005

AND WHO IS AGGRIEVED IS ENTITLED TO BRING A
CONTESTED CASE HEARING BEFORE THE ADMINISTRATIVE
LAW COURT; TO AMEND SECTION 37-11-100, RELATING TO
LICENSING AND REGULATION OF CONTINUING CARE
RETIREMENT COMMUNITIES, SO AS TO PROVIDE A
PROCEDURE FOR THE DEPARTMENT OF CONSUMER
AFFAIRS TO REQUEST A HEARING BEFORE THE
ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR
JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW'S ORDER
AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT
AND THE RULES GOVERNING PRACTICE BEFORE THE
ADMINISTRATIVE LAW COURT; TO AMEND SECTION 37-16-
70, RELATING TO PREPAID LEGAL SERVICES, SO AS TO
PROVIDE FOR NOTICE AND OPPORTUNITY FOR A HEARING
BEFORE THE ADMINISTRATIVE LAW COURT BY A PREPAID
LEGAL SERVICES COMPANY FOR A VIOLATION OF THE
PROVISIONS OF THE CHAPTER, TO PROVIDE THAT THE
ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER
AFFAIRS MAY ISSUE AN ORDER REQUIRING THE CLUB
REPRESENTATIVE TO CEASE AND DESIST FROM THE
VIOLATION, AND TO PROVIDE THAT THE CLUB
REPRESENTATIVE MAY REQUEST A HEARING BEFORE THE
ADMINISTRATIVE LAW COURT; TO AMEND SECTIONS 39-61-
100 AND 39-61-130, BOTH RELATING TO MOTOR CLUB
SERVICES, SO AS TO PROVIDE A PROCEDURE FOR THE
ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER
AFFAIRS TO REQUEST A HEARING BEFORE THE
ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR
JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW COURT'S
ORDER AS PROVIDED IN THE ADMINISTRATIVE
PROCEDURES ACT AND THE RULES GOVERNING PRACTICE
BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND
SECTION 40-39-150, RELATING TO PAWNBROKERS,
SECTIONS 40-58-55, 40-58-80, AND 40-58-90, AS AMENDED,
ALL RELATING TO MORTGAGE LOAN BROKERS, SECTION
40-68-160, RELATING TO REGULATION OF STAFF LEASING
SERVICES, SECTION 44-79-80, RELATING TO PHYSICAL
FITNESS SERVICES, SECTION 56-28-110, RELATING TO
NOTIFICATION OF SUBSEQUENT PURCHASERS OF A
REPURCHASED MOTOR VEHICLE, AND SECTIONS 59-102-70
AND 59-102-170, AS AMENDED, RELATING TO REGISTRATION

                          3973
                    WEDNESDAY, MAY 25, 2005

OF ATHLETE AGENTS, ALL SO AS TO PROVIDE A
PROCEDURE     FOR    A    HEARING     BEFORE    THE
ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR
JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW COURT'S
ORDER AS PROVIDED IN THE ADMINISTRATIVE
PROCEDURES ACT AND THE RULES GOVERNING PRACTICE
BEFORE THE ADMINISTRATIVE LAW COURT; AND TO
REPEAL SECTIONS 37-6-415 AND 37-11-110, RELATING TO
APPEALS OF DECISIONS OF THE DEPARTMENT OF
CONSUMER AFFAIRS.

                    ORDERED TO THIRD READING
   The following Bill was taken up, read the second time, and ordered
to a third reading:

  H. 4189 -- Rep. Jennings: A BILL TO ENACT THE MARLBORO
COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX
RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION,
FOLLOWING REFERENDUM APPROVAL, OF A SALES AND
USE TAX IN MARLBORO COUNTY NOT TO EXCEED ONE
PERCENT FOR NOT MORE THAN TWENTY-FIVE YEARS FOR
DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED
FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR
DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND
RENOVATION.

            ORDERED ENROLLED FOR RATIFICATION
   The following Bills were read the third time, passed and, having
received three readings in both Houses, it was ordered that the title of
each be changed to that of an Act, and that they be enrolled for
ratification:

  S. 365 -- Senators Leatherman and Knotts: A BILL TO AMEND
SECTION 11-35-3030, AS AMENDED, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO BOND AND
SECURITY FOR CONSTRUCTION CONTRACT PERFORMANCE
AND PAYMENT PURSUANT TO THE STATE CONSOLIDATED
PROCUREMENT CODE, SO AS TO REDUCE THE MAXIMUM
RETENTION AMOUNT FOR EACH INSTALLMENT PENDING
COMPLETION OF THE PROJECT FROM FIVE PERCENT TO
THREE AND ONE-HALF PERCENT.

                                  3974
                    WEDNESDAY, MAY 25, 2005

  S. 47 -- Senators Cromer, Elliott, Fair, Ford and Ritchie: A BILL TO
AMEND SECTION 16-3-652, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL
CONDUCT IN THE FIRST DEGREE, SO AS TO PROVIDE THAT
A CONVICTION OF CRIMINAL SEXUAL CONDUCT IN THE
FIRST DEGREE CARRIES A MINIMUM TERM OF
IMPRISONMENT OF TEN YEARS, NO PART OF WHICH MAY
BE SUSPENDED OR PROBATION GRANTED; TO AMEND
SECTION 16-3-653, RELATING TO CRIMINAL SEXUAL
CONDUCT IN THE SECOND DEGREE, SO AS TO PROVIDE
THAT A CONVICTION OF CRIMINAL SEXUAL CONDUCT IN
THE SECOND DEGREE CARRIES A MINIMUM TERM OF
IMPRISONMENT OF FIVE YEARS, NO PART OF WHICH MAY
BE SUSPENDED OR PROBATION GRANTED; AND TO AMEND
SECTION 16-3-655, RELATING TO CRIMINAL SEXUAL
CONDUCT WITH A MINOR, SO AS TO PROVIDE THAT AN
ACTOR WHO HAS AT LEAST ONE PRIOR CONVICTION FOR A
CRIME FOR WHICH THE ACTOR MUST REGISTER AS A SEX
OFFENDER PURSUANT TO SECTION 23-3-430 AND WHO
ENGAGES IN SEXUAL BATTERY WITH A VICTIM WHO IS
LESS THAN SIXTEEN YEARS OF AGE IS GUILTY OF
CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.

                        SENT TO THE SENATE
   The following Bills and Joint Resolution were taken up, read the
third time, and ordered sent to the Senate:

  H. 3915 -- Reps. Pinson, Parks, Anthony and M. A. Pitts: A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 6-11-325 SO AS TO AUTHORIZE A
SPECIAL PURPOSE DISTRICT WHICH ONLY PROVIDES
SEWAGE COLLECTION AND DISPOSAL SERVICES TO
UTILIZE ANY METHOD OF FINANCING THE CONSTRUCTION
OF      SEWER         LATERAL          COLLECTION           LINES
NOTWITHSTANDING OTHER PROVISIONS OF LAW.

  H. 3162 -- Reps. Duncan, M. A. Pitts, E. H. Pitts, Taylor, Anthony,
W. D. Smith, J. M. Neal, Pinson, Hayes, Jennings, McGee,
G. R. Smith, Wilkins, Vaughn, Young, Kirsh, Bailey, Battle,
Witherspoon, Ballentine, Hinson, Mahaffey, Toole and Clark: A BILL
TO ENACT THE "SOUTH CAROLINA SPORTS OFFICIALS AND

                                 3975
                   WEDNESDAY, MAY 25, 2005

COACHES PROTECTION ACT" BY ADDING SECTION 16-3-611
TO THE 1976 CODE SO AS TO MAKE IT UNLAWFUL TO
COMMIT AN ASSAULT AND BATTERY UPON A SPORTS
OFFICIAL OR COACH DURING AND AFTER AN ATHLETIC
CONTEST AND TO PROVIDE PENALTIES FOR VIOLATIONS
INCLUDING ENHANCED PENALTIES WHEN A WEAPON IS
USED IN THE COMMISSION OF THE CRIME OF ASSAULT AND
BATTERY UPON A SPORTS OFFICIAL OR COACH.

  H. 4155 -- Medical, Military, Public and Municipal Affairs
Committee:   A    JOINT    RESOLUTION      TO    APPROVE
REGULATIONS OF THE DEPARTMENT OF HEALTH AND
ENVIRONMENTAL           CONTROL,        RELATING        TO
IMPLEMENTATION OF EMERGENCY HEALTH POWERS ACT,
DESIGNATED AS REGULATION DOCUMENT NUMBER 2962,
PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23,
TITLE 1 OF THE 1976 CODE.

                      H. 3591--RECONSIDERED
   The motion of Rep. WHITE to reconsider the vote whereby the
following Bill was given a second reading was taken up and agreed to:

  H. 3591 -- Reps. Brady, J. E. Smith, Harrison, Pinson, Agnew,
Anthony, Ceips, Chalk, Cobb-Hunter, Frye, Haskins, Hayes, Hinson,
Howard, Huggins, Jefferson, Lucas, McGee, E. H. Pitts, M. A. Pitts,
Taylor, Umphlett, Whitmire, Witherspoon, Young, Ballentine,
Mahaffey, Thompson, Coates and Leach: A BILL TO AMEND
SECTION 44-53-270, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO SCHEDULE                  V     CONTROLLED
SUBSTANCES, SO AS TO INCLUDE IN SCHEDULE V ANY
COMPOUND CONTAINING PSEUDOEPHEDRINE, TO REQUIRE
SUCH COMPOUNDS TO BE DISPENSED ONLY BY A
PHARMACIST, OR PHARMACY TECHNICIAN, TO REQUIRE A
PICTURE      IDENTIFICATION        TO      PURCHASE        SUCH
COMPOUNDS, TO LIMIT THE AMOUNT OF SUCH COMPOUND
THAT CAN BE PURCHASED IN A THIRTY DAY PERIOD, AND
TO PROVIDE THAT LIQUID OR CAPSULE FORMS OF
COMPOUNDS WHERE PSEUDOEPHEDRINE IS NOT THE ONLY
ACTIVE INGREDIENT ARE NOT SCHEDULE V CONTROLLED
SUBSTANCES; AND TO AUTHORIZE THE DEPARTMENT OF
HEALTH AND ENVIRONMENTAL CONTROL TO EXEMPT

                                 3976
                    WEDNESDAY, MAY 25, 2005

OTHER PRODUCTS BY REGULATION FROM SCHEDULE V IF
THEY ARE NOT USED IN THE ILLEGAL MANUFACTURE OF
METHAMPHETMINE.

        H. 4141--AMENDED AND SENT TO THE SENATE
  The following Bill was taken up:

  H. 4141 -- Reps. Rivers, Herbkersman and Chalk: A BILL TO
AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY
ADDING SECTION 59-1-385 SO AS TO CREATE THE
BEAUFORT-JASPER ACADEMY FOR CAREER EXCELLENCE
BOARD OF TRUSTEES AND TO PROVIDE FOR THE
APPOINTMENT, TERM, ATTENDANCE, AND REMOVAL OF ITS
MEMBERS;      TO    PROVIDE       FOR    THE     OPERATION,
GOVERNANCE, AND COMPENSATION OF THE BOARD; TO
PROVIDE THAT BEGINNING JULY 1, 2006, THE BEAUFORT
COUNTY SCHOOL DISTRICT SHALL MANAGE THE
ACADEMY; AND TO PROVIDE THAT BEGINNING OCTOBER 1,
2006, JASPER COUNTY SHALL SUBMIT PAYMENT TO
BEAUFORT COUNTY BASED ON A PER STUDENT COST.

   Reps. RIVERS, HERBKERSMAN, CHALK and CEIPS, with
unanimous consent, proposed the following Amendment No. 1 (Doc
Name COUNCIL\SWB\6579CM05), which was adopted:
   Amend the bill, as and if amended, Section 59-1-385(F), as
contained in SECTION 1, page 2, by deleting lines 32 and 33 and
inserting:
   /(F) Members shall receive the same per diem and mileage as that
paid to Beaufort County School Board members. /
   Renumber sections to conform.
   Amend title to conform.

  Rep. CHALK explained the amendment.
  The amendment was then adopted.

  The Bill, as amended, was read the third time and ordered sent to the
Senate.




                                  3977
                    WEDNESDAY, MAY 25, 2005

   S. 589--AMENDED AND ORDERED TO THIRD READING
  The following Bill was taken up:

  S. 589 -- Senators McConnell, Drummond, Rankin, Land, McGill,
Thomas, Moore, Fair, Ryberg, Setzler, Peeler, Reese and Verdin: A
BILL TO AMEND ARTICLE 3, CHAPTER 43, TITLE 12, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY
EQUALIZATION AND REASSESSMENT, BY ADDING SECTION
12-43-365, SO AS TO PROVIDE THAT THE VALUE OF
TANGIBLE AND INTANGIBLE PERSONAL PROPERTY AND
ANY INCOME DERIVED THEREFROM, WHETHER DIRECTLY
OR INDIRECTLY, SHALL NOT BE INCLUDED IN THE
DETERMINATION OF FAIR MARKET VALUE OF GOLF
COURSE REAL PROPERTY FOR AD VALOREM TAX
PURPOSES.

   The Ways and Means Committee proposed the following
Amendment No. 1 (Doc Name COUNCIL\GGS\22172HTC05), which
was adopted:
   Amend the bill, as and if amended, in Section 12-43-365(C), as
contained in Section 2, page 3, line 8, by striking / golf course/ and
inserting /the entire golf course operation, golf cart/ so that when
amended Section 12-43-365(C) reads:
     “(C) If the fair market value of golf course real property for ad
valorem tax purposes is determined pursuant to the capitalized income
approach, the taxpayer shall provide income and expense data for the
entire golf course operation, golf cart rentals, food and beverage
services, and pro shop sales on a form designed by the county assessors
and golf course owners and approved by the South Carolina
Department of Revenue. Any data provided by the taxpayer for this
purpose is not public data and may not be disclosed except in the
process of a formal appeal involving the subject real property.”
   Renumber sections to conform.
   Amend title to conform.

  Rep. COTTY explained the amendment.
  The amendment was then adopted.




                                  3978
                    WEDNESDAY, MAY 25, 2005

   Rep. COOPER proposed the following Amendment No. 2 (Doc
Name COUNCIL\BBM\10940MM05), which was adopted:
   Amend the bill, as and if amended, by adding appropriately
numbered SECTIONS to read:
   / SECTION __. Section 12-2-75(B) of the 1976 Code, as last
amended by Act 399 of 2000, is further amended to read:
      “(B) In the instructions to a return, or otherwise, the department
may authorize taxpayers to sign returns by other means, including
electronically, and may authorize the signature to be filed or deposited
with and be kept or forwarded by a third party. To the extent that a tax
return preparer, as that term is defined in Internal Revenue Code
Section 7701(a)(36), is required or permitted to sign a return, the
department in the instructions to a return, or otherwise, may authorize
the tax return preparer to sign the return by other means, including
electronically.”
   SECTION __. Section 12-4-30 of the 1976 Code is amended to
read:
      “Section 12-4-30. (A) Until February 1, 1995, the department
consists of three commissioners, their officers, agents, and employees.
The commissioners are appointed by the Governor with the advice and
consent of the Senate. Commissioners shall possess sound moral
character, superior knowledge in taxation, and proven administrative
ability. The Governor shall designate one of the commissioners as
chairman, giving consideration to prior service as a commissioner or
employee of the commission.
      (B) If a vacancy on the commission occurs when the General
Assembly is not in session, it must be filled by the Governor’s
appointment for the unexpired term, subject to confirmation by the
Senate at the next session of the General Assembly. Commissioners
may be removed by the Governor for cause as provided in Section
1-3-240.
      (C) After February 1, 1995, the (A) The department will be is
governed in matters of policy and administration by a director
appointed by the Governor with the advice and consent of the Senate.
The director may be removed from office pursuant to the provisions of
Section 1-3-240.
      (D)(B) After February 1, 1995, all All contested cases, as defined
by Section 1-23-310 and as previously considered by the three
commissioners, shall must be heard by an administrative law judge
under pursuant to the provisions of Chapter 23 of Title 1.”


                                  3979
                     WEDNESDAY, MAY 25, 2005

   SECTION __. Section 12-4-540(A) of the 1976 Code is amended
to read:
      “(A)(1) The department has the sole responsibility for the
appraisal, assessment, and equalization of the taxable values of
corporate headquarters, corporate office facilities, and distribution
facilities and of the real and personal property owned, used, by or
leased by to the following businesses and used in the conduct of their
business:
         (1)(a) manufacturing;
         (2)(b) railway;
         (3)(c) private carline;
         (4)(d) airline;
         (5)(e) water, heat, light and power;
         (6)(f) telephone;
         (7)(g) cable television;
         (8)(h) sewer;
         (9) (i) pipeline;
         (10)(j) mining.
      (2) In addition, the department has the sole responsibility for the
appraisal, assessment, and equalization of the taxable values of the
personal property of merchants.”
   SECTION __. Section 12-6-50(14) of the 1976 Code is amended
to read:
      “(14) Sections 2001 through 7655, 7801 through 7871, and 8001
through 9602, except for Section 6015, and except for Sections 6654
and 6655 which are adopted as provided in Section 12-6-3910 and
Section 12-54-55.”
   SECTION __. Section 12-6-1170(A)(1) of the 1976 Code is
amended to read:
      “(1) An individual taxpayer who is the original owner of a
qualified retirement account is allowed an annual deduction from South
Carolina taxable income of not more than three thousand dollars of
retirement income received. Beginning in the year in which the
taxpayer reaches age sixty-five, the taxpayer may deduct not more than
ten thousand dollars of retirement income that is included in South
Carolina taxable income.”
   SECTION __. Section 12-6-1720(1) of the 1976 Code is amended
by adding an appropriately numbered item at the end to read:
      “(1) South Carolina taxable income, gains, losses, or deductions
include only amounts attributable to:


                                   3980
                     WEDNESDAY, MAY 25, 2005

        (a) the ownership of any interest in real or tangible personal
property located in this State;
        (b) a business, trade, profession, or occupation carried on in
this State or compensation for services performed in this State. If a
business, trade, profession, or occupation is carried on or compensation
is for services performed partly within and partly without this State, the
amount allocable or apportionable to this State under Article 17 of this
chapter must be included in South Carolina income;
        (c) income from intangible personal property, including
annuities, dividends, interest, and gains that is derived from property
employed in a trade, business, profession, or occupation carried on in
this State. For purposes of this item, a taxpayer, other than a dealer
holding property primarily for sale to customers in the ordinary course
of the nonresident’s trade or business, is not considered to carry on a
business, trade, profession, or occupation in South Carolina solely by
reason of the purchase and sale of property for the nonresident’s own
account;
        (d) the distributive share of the South Carolina portion of
partnership, ‘S’ Corporation, estate, and trust income, gains, losses, and
deductions.;
        (e) lottery or bingo winnings.”
   SECTION __. Section 12-6-3360(N), as last amended by Act 332
of 2002, is further amended to read:
      “(N) Except for employees employed in distressed counties, the
maximum aggregate credit that may be claimed in any tax year for a
single employee under pursuant to this section and Section
12-6-34(A)(1) 12-6-3470(A) is five thousand five hundred dollars.”
   SECTION __. Section 12-6-3570(E) of the 1976 Code, as added
by Act 299 of 2004, is amended to read:
      “(E) All documentation provided by investors and their agents to
the Department of Revenue in connection with claiming the credits
allowed by this section is considered a tax return and subject to the
penalty provisions of Section 12-54-40(f) in Chapter 54 of Title 12.”
   SECTION __. Section 12-10-80(D)(3) of the 1976 Code, as last
amended by Act 399 of 2000, is further amended to read:
      “(3) The county designation of the county in which the project is
located at the time on the date the qualifying business enters into a
preliminary revitalization agreement with the council application for
job development credit incentives is received in the Office of the
Coordinating Council remains in effect for the entire period of the
revitalization agreement, except as to additional jobs created pursuant

                                   3981
                     WEDNESDAY, MAY 25, 2005

to an amendment to a revitalization agreement entered into before June
1, 1997, as provided in Section 12-10-60. In that case the county
designation on the date of the amendment remains in effect for the
remaining period of the revitalization agreement as to any additional
jobs created after the effective date of the amendment. This item does
not apply to a business whose application for job development fees or
credits pursuant to Section 12-10-81 has been approved by council
before the effective date of this act.”
   SECTION __. Section 12-54-55(1) of the 1976 Code is amended
to read:
      “(1) in the case of an individual taxpayer, estate, or trust in the
same manner as prescribed by the provisions of Internal Revenue Code
Section 6654 and applicable regulations except that the small amount
provisions are one hundred dollars. No interest or penalty is due under
this item for underpayments attributable to personal service income
earned in another state on which income tax due the other state was
withheld;”
   SECTION __. Section 12-54-70(b) of the 1976 Code is amended
to read:
      “(b) If the amount remitted with the tentative return fails to reflect
at least ninety percent of the tax to be paid for the period granted by the
extension, a penalty as provided in Section 12-54-43(D) must be
imposed from the date the tax was originally due on the difference
between the amount remitted and the tax to be paid for the period.”
   SECTION __. Section 12-54-110(D) of the 1976 Code, as last
amended by Act 69 of 2003, is further amended to read:
      “(D) If a person summoned pursuant to this section neglects or
refuses to obey the summons, the department may apply to a circuit
judge the Administrative Law Court for an attachment against him for
contempt. Any judge Administrative Law Judge may hear the
application and, if satisfactory proof is made, shall issue an attachment
directed to the sheriff of the county in which the person resides for his
arrest. When the person is brought before him, the judge shall proceed
to a hearing of the case and may enforce obedience to the requirements
of the summons by making an order consistent with existing laws for
the punishment of contempt.”
   SECTION __. Section 12-60-90(D) of the 1976 Code, as last
amended by Act 69 of 2003, is further amended to read:
      “(D) The department may suspend or disbar from practice in the
administrative tax process or censure, any person authorized by these
rules to represent taxpayers, if the person is shown to be incompetent,

                                    3982
                    WEDNESDAY, MAY 25, 2005

disreputable, or fails or refuses to comply with the rules in subsection
(E), or in any manner, with intent to defraud, wilfully and knowingly
deceives, misleads, or threatens any claimant person or prospective
claimant person to be represented, by word, circular, letter, or by
advertisement. The department may impose a monetary penalty on the
representative, and if the representative was acting on behalf of an
employer or any firm or other entity in connection with the conduct
giving rise to the penalty, the department may impose a monetary
penalty on the employer, firm, or entity if it knew, or reasonably
should have known, of the conduct. The penalty may not exceed the
gross income derived, or to be derived, from the conduct giving rise to
the penalty and may be in addition to, or instead of, suspension,
disbarment, or censure of the representative. For the purposes of this
section, incompetence and disreputable conduct is defined in Section
10.51 of United States Treasury Department Circular No. 230. The
department may review a petition for reinstatement as provided in
Section 10.81.”
   SECTION __. Section 12-60-90(F)(4) of the 1976 Code, as last
amended by Act 69 of 2003, is further amended to read:
      “(4) references to federal tax obligations mean include all South
Carolina taxes, including property taxes and property tax assessments,
where administered by the department.”
   SECTION __. A.Chapter 58 of Title 12 of the 1976 Code is
amended by adding:
      “Section 12-58-190. (A) An officer or employee of the
department may not deny a refund or delay the issuance of the
department’s order to the State Treasurer to pay a refund that has been
determined to be due because the department is auditing or planning an
audit of the taxpayer for a different tax or different tax period. This
subsection does not prevent the issuance of an assessment, including a
jeopardy assessment, pursuant to the Revenue Procedures Act.
      (B) A person violating subsection (A) is subject to disciplinary
action in accordance with the department’s procedure, including
dismissal from office of discharge from employment.”
   B. Section 12-58-170 of the 1976 Code is repealed.
   SECTION __. A.Section 12-54-43 of the 1976 Code, as last
amended by Act 89 of 2001, is further amended by adding at the end:
      “(L) If a taxpayer asserts a value for property used in, or owned
by, a business for property tax purposes that is fifty percent or more
below the property’s property tax value, there must be added to the tax


                                  3983
                      WEDNESDAY, MAY 25, 2005

an amount equal to the fifty percent of the underpayment which would
have resulted if the value asserted had been accepted.”
   B. This SECTION takes effect upon approval by the Governor and is
applicable for tax years beginning after December 31, 2005.
   SECTION __. A.Chapter 35, Title 11 of the 1976 Code is
amended by adding:
                                    “Article 23
                          Vendors - Sales and Use Tax
      Section 11-35-5510. (A) A governmental body or political
subdivision may not contract to purchase tangible personal property,
and a person may not contract to sell tangible personal property to a
governmental body or political subdivision unless, before or upon
entering into the contract, and during the term of the contract, the
person contracting to sell the tangible personal property is licensed
with the South Carolina Department of Revenue and agrees to remit
sales and use tax pursuant to Chapter 36 of Title 12. The provisions of
this section apply to all sellers, including nonresident sellers who may
not be legally obligated to collect and remit the sales and use tax.
      (B) The licensing requirement of subsection (A) does not apply:
         (1) if all sales of tangible personal property by the person to
governmental bodies, political subdivisions, or residents or businesses
in this state are exempt from the sales and use tax pursuant to Section
12-36-2120; or,
         (2) to an affiliate of the person contracting with a
governmental body or political subdivision if that affiliate is not selling
tangible personal property to a governmental body, political
subdivision, or a resident or business in this State.
      (C) The provisions of this section do not apply:
         (1) if the State Budget and Control Board finds that it is in the
best interest of the State not to enforce the provisions of this section
with respect to a specific contract; or
         (2) if the Governor, after declaring a state of emergency, finds
that it is in the best interest of the State not to enforce the provisions of
this section in order directly to provide timely assistance with respect
to the declared emergency.
      (D) As used in this section:
         (1) ‘person’ has the meaning provided in Section 12-36-30 and
includes every affiliate of the person contracting with a governmental
body or political subdivision;



                                     3984
                     WEDNESDAY, MAY 25, 2005

         (2) ‘affiliate’ includes any person that bears a relationship, as
set forth in Internal Revenue Code Section 267, to the person entering
into a contract, or under contract, with the governmental body or
political subdivision; and,
         (3) ‘tangible personal property’ has the meaning provided in
Section 12-36-60.
      (E) The State Budget and Control Board shall enforce the
provisions of this section and may require governmental bodies and
political subdivisions to incorporate within all contracts to purchase
tangible personal property penalties that must be imposed upon the
person contracting with the governmental body or political subdivision
for failure to comply with this section.
      (F) Failure of the person contracting with a governmental body
or political subdivision to comply with the provisions of this section
allows the governmental body or political subdivision, at its discretion,
immediately to void the contract, and impose any penalties established
under this chapter or by contract for failure of the person to comply
with the law. Any penalties imposed pursuant to this section must not
be passed on to the governmental body or political subdivision.”
   B. This SECTION takes effect upon approval by the Governor and
applies for procurements beginning on or after that date.
   SECTION __. Section 6-32-40(C)(3) of the 1976 Code, as added
by Act 227 of 2004, is amended to read:
      “(3) The credit earned pursuant to this subsection by a general
partnership, limited partnership, limited liability company, or any other
entity taxed as a partnership pursuant to Subchapter K of the Internal
Revenue Code must be passed through to its partners and may be
allocated among any of its partners, including without limitation, an
allocation of the entire credit to one partner, in a any manner agreed by
the partners that is consistent with Subchapter K of the Internal
Revenue Code. As used in this subsection, the term ‘partner’ means a
partner, member, or owner of an interest in the pass through entity, as
applicable.”
   SECTION __. Section 30-9-30(B)(1) and (2) of the 1976 Code, as
added by Act 385 of 1998, are amended to read:
      “(1) If a person presents a conveyance, mortgage, judgment, lien,
contract, or other document to the clerk of court or the register of deeds
for filing or recording, the clerk of court or the register of deeds may
refuse to accept the document for filing or recording if he reasonably
believes that the conveyance, mortgage, judgment, lien, contract, or
other document is materially false or fraudulent or is a sham legal

                                   3985
                     WEDNESDAY, MAY 25, 2005

process. However, if the person presenting the conveyance, mortgage,
judgment, lien, contract, or other document to the clerk of court or the
register of deeds resubmits the document within ten business days after
the refusal with a sworn, written affidavit asserting the validity of the
document and establishing the identity, mailing address, and phone
number of all parties connected to the document, the clerk of court or
register of deeds must accept the document for filing. Within thirty
days of a written notice of such refusal, the person presenting the
document may commence a suit in a state court of competent
jurisdiction requiring the clerk of court or the register of deeds to
accept the document for filing.
     (2) If the clerk of court or the register of deeds reasonably
believes that a conveyance, mortgage, judgment, lien, contract, or other
document is materially false or fraudulent, or is a sham legal process,
or was not issued by a court of competent jurisdiction or appropriate
government entity, the clerk of court or the register of deeds may
remove the conveyance, mortgage, judgment, lien, contract, or other
document from the public records after mailing giving thirty days
written notice to the person on whose behalf the document was filed at
the return address provided in the document and allowing at least ten
business days for a response through the form of a sworn, written
affidavit asserting the validity of the document and establishing the
identity, mailing address, and phone number of all parties connected to
the document. If a sworn, written affidavit is received by the clerk of
court or register of deeds from the person on whose behalf the
document was filed, the conveyance, mortgage, judgment, lien,
contract, or other document must be accepted for filing. Within thirty
days written notice of the proposed removal, the person providing the
notice may commence a suit in a state court of competent jurisdiction
preventing the clerk of court or the register of deeds from removing the
document.”
   SECTION __. A.Section 12-36-90(1)(c)(iii) of the 1976 Code is
amended to read:
     “(iii) tangible personal property replacing defective parts under
written warranty contracts if:
        (A) the warranty, maintenance, service, or similar contract is
given without charge, at the time of original purchase of the defective
property, or the tax was paid on the sale or renewal of warranty,
maintenance, or similar service contract for tangible personal property
of which the defective part was a component, whether or not such


                                   3986
                     WEDNESDAY, MAY 25, 2005

contract was purchased in conjunction with the sale of tangible
personal property,
         (B) in the case of a warranty, maintenance, service, or similar
contract that is given without charge at the time of original purchase of
the defective property, the tax was paid on the sale of the defective part
or on the sale of the property of which the defective part was a
component, and
         (C) the warrantee is not charged for any labor or materials,”
   B. Section 12-36-910(B) of the 1976 Code, as last amended by Act
69 of 2003, is further amended by adding an appropriately numbered
item at the end to read:
      “( ) gross proceeds accruing or proceeding from the sale or
renewal of warranty, maintenance, or similar service contracts for
tangible property, whether or not such contracts are purchased in
conjunction with the sale of tangible personal property.”
   C. Section 12-36-1310(B) of the 1976 Code, as last amended by Act
334 of 2002, is further amended by adding an appropriately numbered
item at the end to read:
      “( ) gross proceeds accruing or proceeding from the sale or
renewal of warranty, maintenance, or similar service contracts for
tangible personal property, whether or not such contracts are purchased
in conjunction with the sale of tangible personal property.”
   D.This SECTION takes effect the first day of the fourth month after
the approval of the Governor.
   SECTION __. A.Section 12-54-250 of the 1976 Code, as last
amended by Act 363 of 2002, is further amended by adding at the end:
      “(F)(1) A tax return preparer who prepares one hundred or more
returns for a tax period for the same tax year shall submit all returns
and make all payments associated with those returns by electronic
means where electronic means are available. Where electronic means
are not available to file the return, but 2D barcode is available, the
preparer must use 2D barcode. If a taxpayer submits a written request
to the preparer that states a reason for his return to be filed by another
means, the preparer may submit that return by another means.
Preparers shall maintain these requests for the same period as they shall
retain the return and submit copies to the department upon request.
         (2) The department shall include a notice of this requirement
in its form instructions and in the forms area of its website.
         (3) For the purposes of this subsection, tax return preparer
means the business entity and not the individual location or individual
completing the return.

                                   3987
                    WEDNESDAY, MAY 25, 2005

        (4) If compliance with this section is a substantial financial
hardship, a tax return preparer may apply in writing to the department
to be exempted from these requirements. The department may grant an
exemption for no more than one year at a time.
        (5) A person who fails to comply with the provisions of this
section must be penalized in an amount to be assessed by the
department equal to fifty dollars for each return.”
   B. This SECTION takes effect upon approval by the Governor for tax
years beginning on or after January 1, 2006.
   SECTION __. A.Section 12-6-5060 of the 1976 Code, as last
amended by Act 308 of 2004, is further amended to read:
      “Section 12-6-5060. (A) Each taxpayer required to file a state
individual income tax return may contribute to the War Between the
States Heritage Trust Fund established pursuant to Section 51-18-115,
the Nongame Wildlife and Natural Areas Program Fund, the Children’s
Trust Fund of South Carolina established pursuant to Section
20-7-5010, the Eldercare Trust Fund of South Carolina established
pursuant to Section 43-21-160, the First Steps to School Readiness
Fund established pursuant to Section 20-7-9740, or the South Carolina
Military Family Relief Fund established pursuant to Article 3, Chapter
11 of Title 25, the Gift of Life Trust Fund of South Carolina
established pursuant to Section 44-43-1310, the Veterans’ Trust Fund
of South Carolina established pursuant to Chapter 21 of Title 25, the
South Carolina Litter Control Enforcement Program (SCLCEP) and
used by the Governor’s Task Force on Litter only for the SCLCEP
program, the South Carolina Law Enforcement Assistance Program
(SCLEAP) and used as provided in Section 23-3-65, the South
Carolina Department of Parks, Recreation and Tourism for use in the
South Carolina State Park Service in the manner the General Assembly
provides, or K-12 public education for use in the manner the General
Assembly provides by law, by designating the contribution on the
return. The contribution may be made by reducing the income tax
refund or by remitting additional payment by the amount designated.
      (B) All South Carolina individual income tax return forms must
contain a designation for the above contributions. The instructions
accompanying the income tax form must contain a description of the
purposes for which the funds were established and the use of monies
from the income tax contribution.
      (C) The department shall determine and report at least annually to
the appropriate agency administering the fund or in the case of the
Children’s Trust Fund to the fund the total amount of contributions

                                  3988
                     WEDNESDAY, MAY 25, 2005

designated to the above funds. The department shall transfer the
appropriate amount to each fund at the earliest possible time. The
incremental cost of administration of the contribution must be paid out
of retained by the department from the contributions before any funds
are expended as provided in this section.
      (D) The Department of Natural Resources shall make a report to
the General Assembly as early in January of each year as may be
practicable, which must include the amount of revenue produced by the
contributions and a detailed accounting of expenditures from the
Nongame Wildlife and Natural Areas Fund.
      (E) For purposes of this section, the South Carolina Department
of Revenue is not subject to provisions of the South Carolina
Solicitation of Charitable Funds Act as contained in Chapter 56, Title
33.
      (F) Revenues from the South Carolina Litter Control
Enforcement Program Fund and the South Carolina Law Enforcement
Assistance Program Fund carry forward into succeeding fiscal years
and earnings of the funds must be credited to them.”
   B. Sections 12-6-5065, 12-6-5070, 12-6-5080, 12-6-5085, and
12-6-5090 are repealed.
   SECTION __. A.Section 12-6-1130 of the 1976 Code, as last
amended by Act 363 of 2002, is further amended by adding
appropriately numbered items at the end to read:
      “( )(a) A deduction is not allowed a person for the accrual of an
expense or interest if the payee is a related person and the payment is
not made in the taxable year of accrual or before the payer’s income tax
return is due, without regard to extensions, for the taxable year of
accrual. Except as provided in subitem (b), deductions disallowed
pursuant to this section are allowed when the payment is made. The
holder shall include the payment in income in the year the debtor is
entitled to take the deduction. This section does not apply to payments
deemed to be made by the application of South Carolina’s adoption of
Internal Revenue Code Section 482, 7872, a similar provision of the
Internal Revenue Code or state law.
        (b) Notwithstanding subitem (a), an interest deduction is not
allowed for the accrual or payment of interest on obligations issued as a
dividend or paid instead of paying a dividend. This interest must be
treated as a dividend to the debtor’s shareholders when it is paid, and if
the holder of the obligation is not a shareholder at that time, a payment
from the shareholders to the holder at that time.


                                   3989
                     WEDNESDAY, MAY 25, 2005

        (c) For purposes of this item, a related person includes a
person that bears a relationship to the taxpayer as described in Section
267 of the Internal Revenue Code.”
   B. This SECTION takes effect upon approval by the Governor and
applies to taxable years beginning after 2005.
   SECTION __. A.1. Chapter 2, Title 61 of the 1976 Code is
amended by adding:
     “Section 61-2-136. Notwithstanding another provision of law, a
currently licensed beer and wine wholesaler or currently licensed
alcoholic liquor wholesaler who wishes to relocate the licensed
business to a new location within the State must notify the department.
This notice must be in writing, must precisely describe the premises to
be licensed, must give the date of the move, and must be filed with the
department at least thirty days prior to the move. Upon receipt of this
notice, the department shall transfer the permit to the new premises
effective on the date of the move.”
     2. This section takes effect on the first day of the third month
following approval by the Governor.
   B. Section 61-2-100 of the 1976 Code, as last amended by Act 442
of 1998, is further amended by adding appropriately numbered
subsections at the end to read:
     “(I) The department may not issue a wholesale beer and wine
permit pursuant to this title unless the applicant is a legal resident of
the United States, and has been a legal resident of this State and has
maintained his principal place of abode in this State for at least thirty
days before the date of the application.
     (J) A misstatement or concealment of fact on an application for a
license or permit pursuant to this title is sufficient grounds for the
department to deny the application and to revoke a license or permit
issued based on an application containing a misstatement or
concealment of fact.”
   C. Section 61-2-160 of the 1976 Code, as last amended by Act 415
of 1996, is further amended to read:
     “Section 61-2-160. No A license or permit under pursuant to the
provisions of this title may must not be issued, renewed, or transferred
unless the department and the Internal Revenue Service determine
determines that the applicant does not owe the state or federal
government State delinquent taxes, penalties, or interest. If the
department or the Internal Revenue Service determine determines that
delinquent taxes, penalties, or interest are due, the department must


                                   3990
                     WEDNESDAY, MAY 25, 2005

shall notify the applicant of the necessary requirements to comply with
this section.”
   D. Section 61-4-10 of the 1976 Code, as added by Act 415 of
1996, is amended to read:
      “Section 61-4-10. All beers, ales, porter, and other similar malt
or fermented beverages containing not in excess of five fourteen
percent of alcohol by weight and all wines containing not in excess of
twenty-one percent of alcohol by volume are declared to be
nonalcoholic and nonintoxicating beverages.”
   E. Section 61-4-520 of the 1976 Code is amended to read:
      “Section 61-4-520. No A retail permit authorizing the sale of beer
or wine may must not be issued unless:
      (1) The applicant, any a partner, or co-shareholder of the
applicant, and each agent, employee, and servant of the applicant to be
employed on the licensed premises are of good moral character.
      (2) The retail applicant is a legal resident of the United States,
has been a legal resident of this State for at least thirty days before the
date of application, and has maintained his principal place of abode in
the State for at least thirty days before the date of application.
      (3) The wholesale applicant is a legal resident of the United
States and has been a legal resident of this State for at least thirty days
before the date of application and has maintained his principal place of
abode in the State for at least thirty days before the date of application
or has been licensed previously under the laws of this State.
      (4) The applicant, within two years before the date of
application, has not had revoked a beer or a wine permit issued to him.
      (5)(4) The applicant is twenty-one years of age or older.
      (6)(5) The location of the proposed place of business of the
applicant is in the opinion of the department a proper one.
      (7)(6) The department may consider, among other factors, as
indications of unsuitable location, the proximity to residences, schools,
playgrounds, and churches. This item does not apply to locations
licensed before April 21, 1986.
      (8)(7)(a) Notice of application has appeared at least once a week
for three consecutive weeks in a newspaper most likely to give notice
to interested citizens of the county, city, or community in which the
applicant proposes to engage in business. The department shall
determine which newspapers meet the requirements of this section
based on available circulation figures. However, if a newspaper is
published in the county and historically has been the newspaper where


                                    3991
                     WEDNESDAY, MAY 25, 2005

the advertisements are published, the advertisements published in that
newspaper meet the requirements of this section. The notice must:
        (a)(i) be in the legal notices section of the newspaper or an
equivalent section if the newspaper has no legal notices section;
        (b)(ii) be in large type, covering a space of one column wide
and at least two inches deep; and
        (c)(iii) state the type license applied for and the exact location
of the proposed business.
        (b)An applicant for a beer or wine permit and an alcoholic
liquor license may use the same advertisement for both if the
advertisement is approved by the department.
      (9)(8) Notice has been given by displaying a sign for fifteen days
at the site of the proposed business. The sign must:
        (a) state the type of permit sought;
        (b) state where an interested person may protest the
application;
        (c) be in bold type;
        (d) cover a space at least twelve inches high and eighteen
inches wide;
        (e) be posted and removed by an agent of the division.”
   F. Section 61-4-525 of the 1976 Code is amended to read:
      “Section 61-4-525. (A) A person residing in the county in which
a retail beer and wine permit is requested to be granted, or a person
residing within five miles of the location for which a retail beer and
wine permit is requested, may protest the issuance or renewal of the
permit if he files a written protest setting forth:
        (1) the name, address, and telephone number of the person
filing the protest;
        (2) the name of the applicant for the permit and the address of
the premises sought to be licensed, or the name and address of the
permit holder if the application is for renewal;
        (3) the specific reasons why the application should be denied;
and
        (4) whether or not he wishes to attend a contested case hearing
before the Administrative Law Judge Division Court.
      (B) Upon receipt of a timely filed protest, the department shall
determine the protestant’s intent to attend a contested hearing before
the Administrative Law Judge Division Court. If the protestant intends
to attend a contested hearing, the department may not issue the
permanent permit but shall forward the file to the Administrative Law
Judge Division Court.

                                   3992
                     WEDNESDAY, MAY 25, 2005

      (C) If the protestant, during the investigation expresses no desire
to attend a contested hearing and offer testimony, the protest is deemed
considered invalid, and the department shall continue to process the
application and shall issue the permit if all other statutory requirements
are met.
      (D) A person who files a protest and fails to appear at a hearing
after affirming a desire to attend the hearing may be assessed a fine or
penalty to include court costs.”
   G. Section 61-6-1540(B) of the 1976 Code is amended to read:
      “(B) Retail dealers licensed under pursuant to the ABC Act may
sell all wines in the stores or places of business covered by their
respective licenses, whether declared alcoholic or nonalcoholic or
nonintoxicating by the laws of this State. Wines containing more than
fourteen sixteen percent of alcohol by volume may be sold only in
licensed alcoholic liquor stores or in establishments licensed to sell and
permit consumption of alcoholic liquors in minibottles. The provisions
of this section must do not be construed to amend, alter, or modify the
taxes imposed on wines or the collection and enforcement of these
taxes.”
   H. Section 12-60-510 of the 1976 Code, as last amended by Act 69
of 2003, is further amended to read:
      “Section 12-60-510. (A) Before a taxpayer may seek a contested
case hearing before the Administrative Law Judge Division Court, he
shall exhaust the prehearing remedy.
        (1) If a taxpayer requests a contested case hearing before the
Administrative Law Judge Division Court within ninety days of the
date of the proposed assessment without exhausting his prehearing
remedy because he failed to file a protest with the department, the
administrative law judge shall dismiss the action without prejudice. If
the taxpayer failed timely to provide the department with the facts, law,
and other authority supporting his position, he shall provide them to the
department with the facts, law, and other authority he failed to present
to the department earlier. The administrative law judge shall then
remand the case to the department for reconsideration in light of the
new facts or issues unless the department elects to forego the remand.
        (2) If a taxpayer fails to file a protest with the department
within ninety days of the date of the proposed assessment, the taxpayer
is in default, and the department must issue an assessment for the taxes.
The assessment may be removed by the Administrative Law Court for
good cause shown, and the matter may be remanded to the department.


                                   3993
                     WEDNESDAY, MAY 25, 2005

      (B) Upon remand the department has thirty days, or a longer
period ordered by the administrative law judge, to consider the new
facts and issues and amend its department determination. The
department shall issue its amended department determination in the
same manner as the original. The taxpayer has thirty days after the
date the department’s amended determination was sent by first class
mail or delivered to the taxpayer to again request a contested case
hearing. Requests for a hearing before the Administrative Law Judge
Division Court must be made in accordance with its rules. If the
department fails to issue its amended department determination within
thirty days of the date of the remand, or a longer period ordered by the
administrative law judge, the taxpayer can again may request again a
contested case hearing. At the new hearing the facts, law, and other
authority presented at the original hearing have been presented in a
timely manner for purposes of exhausting the taxpayer’s prehearing
remedy. The statute of limitations remains suspended by Section
12-54-85(G) during this process.”
   I. Section 12-60-1330 of the 1976 Code, as last amended by Act 69
of 2003, is further amended to read:
      “(A) Section 12-60-1330. Before a person may seek a
determination by an administrative law judge under pursuant to Section
12-60-1320, he shall exhaust his prehearing remedy.
        (1) If a person requests a contested case hearing before the
Administrative Law Judge Division Court within ninety days of the
date of the denial or proposed suspension, cancellation, or revocation
without exhausting his prehearing remedy because he failed to file a
protest with the department, the administrative law judge shall dismiss
the action without prejudice.
        (2) If the person failed to provide the department within the
ninety day time period with the facts, law, and other authority
supporting his position, he shall provide them to the department with
the facts, law, and other authority he failed to present to the department
earlier. The administrative law judge shall then remand the case to the
department for reconsideration in light of the new facts or issues unless
the department elects to forego the remand.
        (3) If a person fails to file a protest with the department within
ninety days of the date of the denial or proposed suspension,
cancellation, or revocation, the person is in default, and the department
shall deny, suspend, cancel, or revoke the license or permit appropriate.
The denial, suspension, cancellation, or revocation of the license or


                                   3994
                     WEDNESDAY, MAY 25, 2005

permit may be lifted by the administrative law court for good cause
shown, and remand the matter to the department.
      (B) Upon remand the department has thirty days, or a longer
period ordered by the administrative law judge, to consider the new
facts and issues and amend its department determination. The
department shall issue its amended department determination in the
same manner as the original. The person has thirty days after the date
the department’s amended determination was sent by first class mail or
delivered to the person to again request a contested case hearing.
Requests for a hearing before the Administrative Law Judge Division
Court must be made in accordance with its rules. If the department fails
to issue its amended department determination within thirty days of the
date of the remand, or a longer period ordered by the administrative
law judge, the person can again may request again a contested case
hearing. At the new hearing the facts, law, and other authority
presented at the original hearing have been presented in a timely
manner for purposes of exhausting the person’s prehearing remedy.
The statute of limitations remains suspended by Section 12-54-85(G)
during this process.”
   J. Section 61-6-1520 of the 1976 Code is repealed.
   K. Except as provided in subsection A.2., this SECTION takes effect
upon approval by the Governor.
   SECTION __. Article 23, Chapter 37 of Title 12 of the 1976 Code
is amended by adding:
      “Section 12-37-2890. (A) Upon request of the Department of
Revenue, and after the time period for all appeals of any tax due is
exhausted, the Department of Public Safety shall suspend the driver’s
license and vehicle registration of a person who fails to file and pay a
motor carrier property tax on a vehicle, pursuant to this article. Before
notification is sent to the Department of Public Safety, the Department
of Revenue shall notify the delinquent taxpayer by certified letter of the
pending suspension and of the steps necessary to prevent the
suspension from being entered on the person’s driving and registration
records. The department shall allow thirty days for payment of taxes
before notifying the Department of Public Safety to suspend the
driver’s license and vehicle registration.
      (B) Notwithstanding the provisions of Section 56-1-460, a charge
of driving under suspension when the suspension is solely for failure to
file and pay a motor carrier property tax or the reinstatement fee
required for the property tax does not require proof of financial


                                   3995
                     WEDNESDAY, MAY 25, 2005

responsibility. A person is not subject to a custodial arrest solely for
being under suspension pursuant to this section.”
   SECTION __. A.Section 12-28-310 of the 1976 Code, as last
amended by Act 69 of 2003, is further amended to read:
      “Section 12-28-310. (A) Subject to the exemptions provided in
this chapter, a user fee of sixteen cents a gallon is imposed on:
        (1) all gasoline used or consumed for any purpose in this
State; and
        (2) upon all diesel fuel used or consumed in this State in
producing or generating power for propelling motor vehicles.
      (B) The user fee levied on motor fuel subject to the user fee
pursuant to this chapter is a levy and assessment on the consumer, and
the levy and assessment on other persons as specified in this chapter
are as agents of the State for the collection of the user fee. This section
does not affect the method of collecting the user fee as provided in this
chapter. The user fee imposed by this section must be collected and
paid at those times, in the manner, and by those the persons specified in
this chapter.
      (C) The license user fee imposed by this section shall be in lieu is
instead of all sales, use, or other excise tax which that may otherwise
be imposed otherwise by any municipality, county, or other local
political subdivision of the State.”
   B. Section 12-28-330 of the 1976 Code, as last amended by Act 69
of 2003, is further amended to read:
      “Section 12-28-330. The department shall consider considers it a
rebuttable presumption, subject to proof of exemption under pursuant
to Article 7 of this chapter, that all motor fuel subject to the user fee
removed from a terminal in this State, or imported into this State other
than by a bulk transfer within the bulk transfer terminal system or
delivered into an end user’s storage tank, is to be used or consumed in
this State, in the case of gasoline, and is to be used or consumed on the
highways in South Carolina this State in producing or generating power
for propelling motor vehicles in the case of all other taxable motor
fuel.”
   SECTION __. A.Chapter 54 of Title 12 of the 1976 Code is
amended by adding:
      “Section 12-54-270. A tax refund check that is returned to the
Department of Revenue for an unknown, undeliverable, or insufficient
address is unclaimed property pursuant to the provisions of Chapter 18
of Title 27, the Uniform Unclaimed Property Act.”


                                    3996
                    WEDNESDAY, MAY 25, 2005

   B. Section 27-18-20(10), of the 1976 Code, as last amended by Act
43 of 2001, is further amended to read:
     “(10) ‘Intangible property’ includes:
        (a) monies, checks, drafts, deposits, interest, dividends, and
income;
        (b) credit balances, customer overpayments, security deposits,
refunds, credit memos, unpaid wages, unused airline tickets, and
unidentified remittances except that intangible property does not
include trading stamps and electronic entries representing trading
stamps which that are awarded to retail customers incident to the
purchase of goods;
        (c) stocks and other intangible ownership interests in business
associations;
        (d) monies deposited to redeem stocks, bonds, coupons, and
other securities, or to make distributions;
        (e) amounts due and payable under the terms of insurance
policies;
        (f) amounts distributable from a trust or custodial fund
established under a plan to provide health, welfare, pension, vacation,
severance, retirement, death, stock purchase, profit sharing, employee
savings, supplemental unemployment insurance, or similar benefits;
and
        (g) tax refund checks issued by this State and returned to the
Department of Revenue by the Post Office for an unknown,
undeliverable, or insufficient address.”
   C. Section 27-18-140 of the 1976 Code, as last amended by Act
264 of 1992, is further amended to read:
     “Section 27-18-140. (A) Intangible property held for the owner
by a court, state, or other government, governmental subdivision or
agency, public corporation, or public authority which remains
unclaimed by the owner for more than five years after becoming
payable or distributable is presumed abandoned.
     (B) Notwithstanding the provisions of subsection (A), tax refund
checks as defined in Chapter 54 of Title 12 are presumed abandoned if
unclaimed for a period of three months from the date the tax refund
check was issued by the Department of Revenue.
     (C) This chapter does not apply to tax refund checks mailed to an
owner, and not presented for payment, but not returned to the
Department of Revenue by the Post Office for an unknown,
undeliverable, or insufficient address.”
   D. Section 27-18-180(A) of the 1976 Code is amended to read:

                                  3997
                     WEDNESDAY, MAY 25, 2005

      “(A) A person holding property tangible or intangible property,
that is presumed abandoned and subject to custody as unclaimed
property under pursuant to this chapter, shall report to the administrator
concerning the property as provided in this section. The action taken to
report an unclaimed tax refund check to the administrator is not a
violation of disclosure prohibitions described in Section 12-54-240.”
   E. Section 12-6-5560 of the 1976 Code is repealed.
   SECTION __. Section 12-54-46 of the 1976 Code is amended to
read:
      “Section 12-54-46. (A) An individual subject to withholding and
required to supply information to his employer under pursuant to
Chapter 8 of Title 12 who supplies a withholding exemption certificate
which exceeds the number of exemptions to which he is entitled is
liable for a penalty of not less than fifty five hundred dollars for each
exemption claimed that exceeds the number to which he is entitled. The
penalty is assessed and collected in the same manner as income tax
penalties of the following violations:
        (1) refusing or failing to provide a withholding exemption
certificate;
        (2) providing a withholding exemption certificate that claims
he is exempt from withholding;
        (3) providing exemptions on a withholding exemption
certificate exceeding the number of exemptions to which he is entitled;
or
        (4) requesting a waiver from withholding to which he is not
entitled.
      (B) An additional five hundred dollar penalty is imposed each
January first that a violation is not corrected.
      (C) The penalty does not apply to an individual described in
subsection (A) who has a change in family circumstances that makes
his withholding exemption certificate inaccurate unless his employer or
the department has informed him to revise his withholding exemption
certificate.”
   SECTION __. Section 12-36-2610 of the 1976 Code, as last
amended by Act 363 of 2002, is further amended to read:
      “Section 12-36-2610. When a sales or use tax return required by
Section 12-36-2570 and Chapter 10 of Title 4 a local sales and use tax
law administered and collected by the department on behalf of a local
jurisdiction is filed and the taxes due on it are paid in full on or before
the final due date, including any date to which the time for making the


                                    3998
                     WEDNESDAY, MAY 25, 2005

return and paying the tax has been extended pursuant to the provisions
of Section 12-54-70, the taxpayer is allowed a discount as follows:
      (1) on taxes shown to be due by the return of less than one
hundred dollars, three percent;
      (2) on taxes shown to be due by the return of one hundred dollars
or more, two percent.
      In no case is a discount allowed if the return, or the tax on it is
received after the due date, pursuant to Section 12-36-2570, or after the
expiration of any extension granted by the department. The discount
permitted a taxpayer under this section may not exceed three thousand
dollars during any one state fiscal year. However, for taxpayers filing
electronically, the discount may not exceed three thousand one hundred
dollars. A person making sales into this State who cannot be required
to register for sales and use tax under applicable law but who
nevertheless voluntarily registers to collect and remit use tax on items
of tangible personal property sold to customers in this State is entitled
to a discount on returns filed as otherwise provided in this section not
to exceed ten thousand dollars during any one state fiscal year.”
   SECTION __. Section 12-36-2110(A)(5) of the 1976 Code is
amended to read:
      “(5) trailer or semitrailer, pulled by a truck tractor, as defined in
Section 56-3-20, and horse trailers, but not including house trailers or
campers as defined in Section 56-3-710 or a fire safety education
trailer;”
   SECTION __. A.Chapter 36 of Title 12 of the 1976 Code is
amended by adding:
                                   “Article 19
                        Telecommunications Sourcing
      Section 12-36-1910. For purposes of this article:
      (1) ‘Air-to-ground radiotelephone service’ means a radio service,
as that term is defined in 47 CFR 22.99, in which common carriers are
authorized to offer and provide radio telecommunications service for
hire to subscribers in aircraft.
      (2) ‘Call-by-call basis’ means any method of charging for
telecommunications services in which the price is measured by
individual calls.
      (3) ‘Communications channel’ means a physical or virtual path
of communications over which signals are transmitted between or
among customer channel termination points.
      (4) ‘Customer’ means the person or entity that contracts with the
seller of telecommunications services.             If the end user of

                                    3999
                     WEDNESDAY, MAY 25, 2005

telecommunications services is not the contracting party, the end user
of the telecommunications service is the customer of the
telecommunication service, but this provision applies only for the
purpose of sourcing sales of telecommunications services pursuant to
Section 12-36-1920. ‘Customer’ does not include a reseller of
telecommunications service or a mobile telecommunications service of
a serving carrier under an agreement to serve the customer outside the
home service provider’s licensed service area.
     (5) ‘Customer channel termination point’ means the location
where the customer either inputs or receives the communications.
     (6) ‘End user’ means the person who utilizes the
telecommunication service. In the case of an entity, ‘end user’ means
the individual who utilizes the telecommunication service. In the case
of an entity, ‘end user’ means the individual who utilizes the service on
behalf of the entity.
     (7) ‘Home service provider’ means the same as that term is
defined in Section 124(5) of Public Law 106-252 (Mobile
Telecommunications Sourcing Act).
     (8) ‘Mobile telecommunications service’ means the same as that
term is defined in Section 124(7) of Public Law 106-252 (Mobile
Telecommunications Sourcing Act).
     (9) ‘Place of primary use’ means the street address representative
of the customer’s primary use of the telecommunications service,
which must be the residential street address or the primary business
street address of the customer.              In the case of mobile
telecommunications services, ‘place of primary use’ must be within the
licensed service area of the home service provider.
     (10) ‘Post-paid calling service’ means the telecommunications
service obtained by making a payment on a call-by-call basis either
through the use of a credit card or payment mechanism like a bank
card, travel card, credit card, or debit card, or by charge made to a
telephone number which is not associated with the origination or
termination of the telecommunications. A post-paid calling service
includes a telecommunications service that would be a prepaid calling
service except it is not exclusively a telecommunication service.
     (11) ‘Prepaid calling service’ means the right to access
exclusively telecommunications services, which must be paid for in
advance and which enables the origination of calls using an access
number or authorization code, whether manually or electronically
dialed, and that is sold in predetermined units or dollars, of which the
number declines with use in a known amount.

                                   4000
                     WEDNESDAY, MAY 25, 2005

      (12) ‘Private communication service’ means a telecommunication
service that entitles the customer to exclusive or priority use of a
communications channel or group of channels between or among
termination points, regardless of the manner in which the channel or
channels are connected, and includes switching capacity, extension
lines, stations, and other associated services provided in connection
with the use of the channel or channels.
      (13) ‘Service address’ means:
        (a) the location of the telecommunications equipment to which
a customer’s call is charged and from which the call originates or
terminates, regardless of where the call is billed or paid;
        (b) if the location in item (a) is not known, service address
means the origination point of the signal of the telecommunications
services first identified by either the seller’s telecommunications
system or in information received by the seller from its service
provider, where the system used to transport the signals is not that of
the seller;
        (c) if the location in item (a) and item (b) is not known, the
service address means the location of the customer’s place of primary
use.
      Section 12-36-1920. For the purposes of telecommunications
sourcing:
      (1) Except for the defined telecommunication services in item
(3), the sale of telecommunication service sold on a call-by-call basis
must be sourced to (i) each level of taxing jurisdiction where the call
originates and terminates in that jurisdiction or (ii) each level of taxing
jurisdiction where the call either originates or terminates and in which
the service address is also located.
      (2) Except for the defined telecommunication services in item
(3), a sale of telecommunications services on a basis other than a
call-by-call basis, is sourced to the customer’s place of primary use.
      (3) The sale of the following telecommunication services must
be sourced to each level of taxing jurisdiction:
        (a) A sale of mobile telecommunications services, other than
air-to-ground radiotelephone service and prepaid calling service, is
sourced to the customer’s place of primary use as required by the
Mobile Telecommunications Sourcing Act.
        (b) A sale of post-paid calling service is sourced to the
origination point of the telecommunications signal as first identified by
either (i) the seller’s telecommunications system, or (ii) information


                                    4001
                     WEDNESDAY, MAY 25, 2005

received by the seller from its service provider, where the system used
to transport the signals is not that of the seller.
        (c) A sale of a private communication service is sourced as
follows:
           (i)Service for a separate charge related to a customer channel
termination point is sourced to each level of jurisdiction in which the
customer channel termination point is located.
           (ii) Service in which all customer termination points are
located entirely within one jurisdiction or levels of jurisdiction is
sourced in the jurisdiction in which the customer channel termination
points are located.
           (iii) Service for segments of a channel between two customer
channel termination points located in different jurisdictions and the
segments of channel are separately charged is sourced fifty percent in
each level of jurisdiction in which the customer channel termination
points are located.
           (iv) Service for segments of a channel located in more than
one jurisdiction or levels of jurisdiction and the segments are not
separately billed is sourced in each jurisdiction based on the percentage
determined by dividing the number of customer channel termination
points in the jurisdiction by the total number of customer channel
termination points.
      Section 12-36-1930. Notwithstanding another provision of law,
this article applies to local sales and use taxes on telecommunication
services collected and administered by the Department of Revenue on
behalf of the local jurisdictions.”
   B. Section 12-36-910(B)(3)(a) of the 1976 Code, as last amended
by Act 69 of 2003, is further amended to read:
      “(3)(a) gross proceeds accruing or proceeding from the charges for
the ways or means for the transmission of the voice or messages,
including the charges for use of equipment furnished by the seller or
supplier of the ways or means for the transmission of the voice or
messages. Gross proceeds from the sale of prepaid wireless calling
arrangements subject to tax at retail pursuant to item (5) of this
subsection are not subject to tax pursuant to this item. Effective for
bills rendered after August 1, 2002, charges for mobile
telecommunications services subject to the tax under this item must be
sourced in accordance with the Mobile Telecommunications Sourcing
Act as provided in Title 4 of the United States Code. The term ‘charges
for mobile telecommunications services’ is defined for purposes of this
section the same as it is defined in the Mobile Telecommunications

                                   4002
                    WEDNESDAY, MAY 25, 2005

Sourcing Act. All other definitions and provisions of the Mobile
Telecommunications Sourcing Act as provided in Title 4 of the United
States Code are adopted. Telecommunications services are sourced in
accordance with Section 12-36-1920;”
   C. Section 12-36-1310(B)(3) of the 1976 Code, as last amended by
Act 334 of 2002, is further amended to read:
     “(3)(a) gross proceeds accruing or proceeding from the charges for
the ways or means for the transmission of the voice or messages,
including the charges for use of equipment furnished by the seller or
supplier of the ways or means for the transmission of the voice or
messages. Gross proceeds from the sale of prepaid wireless calling
arrangements subject to tax at retail pursuant to item (5) of this
subsection are not subject to tax pursuant to this item. Effective for
bills rendered after August 1, 2002, charges for mobile
telecommunications services subject to the tax under this item must be
sourced in accordance with the Mobile Telecommunications Sourcing
Act as provided in Title 4 of the United States Code. The term ‘charges
for mobile telecommunications services’ is defined for purposes of this
section the same as it is defined in the Mobile Telecommunications
Sourcing Act. All other definitions and provisions of the Mobile
Telecommunications Sourcing Act as provided in Title 4 of the United
States Code are adopted. Telecommunications services are sourced in
accordance with Section 12-36-1920;
        (b)(i) for purposes of this item, a ‘bundled transaction’ means
a transaction consisting of distinct and identifiable properties or
services, which are sold for one nonitemized price but which are
treated differently for tax purposes;
           (ii) for bills rendered on or after January 1, 2004, that
include telecommunications services in a bundled transaction, if the
nonitemized price is attributable to properties or services that are
taxable and nontaxable, the portion of the price attributable to any
nontaxable property or service is subject to tax unless the provider can
reasonably identify that portion from its books and records kept in the
regular course of business for purposes other than sales taxes;”
   D. Section 12-36-1310(B), as last amended by Act 69 of 2003, is
further amended by adding:
     “(5) gross proceeds accruing or proceeding from the sale or
recharge at retail for prepaid wireless calling arrangements.
        (a) ‘Prepaid       wireless   calling     arrangements’   means
communication services that:


                                  4003
                     WEDNESDAY, MAY 25, 2005

           (i)are     used      exclusively     to    purchase     wireless
telecommunications;
           (ii) are purchased in advance;
           (iii) allow the purchaser to originate telephone calls by using
an access number, authorization code, or other means entered manually
or electronically; and
           (iv) are sold in units or dollars which decline with use in a
known amount.
        (b) All charges for prepaid wireless calling arrangements must
be sourced to the:
           (i)location in this State where the over-the-counter sale took
place;
           (ii) shipping address if the sale did not take place at the
seller’s location and an item is shipped; or
           (iii) either the billing address or location associated with the
mobile telephone number if the sale did not take place at the seller’s
location and no item is shipped.”
   E. This SECTION takes effect the first calendar day of the third
full month after its approval by the Governor.
   SECTION __. Notwithstanding the provisions of Section
12-43-217 of the 1976 Code, a county which conducted a countywide
property tax equalization and reassessment program after 2000 which
has not yet been implemented, may by ordinance postpone the
implementation for one additional property tax year.
   SECTION __. A.Section 12-36-140(C)(3), as added by Act 387 of
2000, is amended to read:
     “(3) for the purpose of being distributed as (i) cooperative direct
mail promotional advertising materials, or (ii) promotional maps,
brochures, pamphlets, or discount coupons by nonprofit chambers of
commerce or convention and visitor bureaus who are exempt from
income taxation pursuant to Internal Revenue Code Section 501(c) by
means of interstate carrier, a mailing house, or a United States Post
Office to residents of this State from locations both inside and outside
the State. For purposes of this item, ‘cooperative direct mail
promotional advertising materials’ means discount coupons,
advertising leaflets, and similar printed advertising, including any
accompanying envelopes and labels which are distributed with
promotional advertising materials of more than one business in a single
package to potential customers, at no charge to the potential customer,
of the businesses paying for the delivery of the material.”


                                    4004
                     WEDNESDAY, MAY 25, 2005

   B. Section 12-36-2120(58) of the 1976 Code, as added by Act 387
of 2000, is amended to read:
      “(58) cooperative direct mail promotional advertising materials
and promotional maps, brochures, pamphlets, or discount coupons by
nonprofit chambers of commerce or convention and visitor bureaus
who are exempt from income taxation pursuant to Internal Revenue
Code Section 501(c) delivered at no charge by means of interstate
carrier, a mailing house, or a United States Post Office to residents of
this State from locations both inside and outside the State. For purposes
of this item, ‘cooperative direct mail promotional advertising materials’
means discount coupons, advertising leaflets, and similar printed
advertising, including any accompanying envelopes and labels which
are distributed with promotional advertising materials of more than one
business in a single package to potential customers, at no charge to the
potential customer, of the businesses paying for the delivery of the
material.”
   C. This section takes effect for tax years beginning after 2005, but
does not authorize or permit refunds of taxes paid.
   SECTION __. Article 13, Chapter 28, Title 12 of the 1976 Code is
amended by adding:
      “Section 12-28-1400. (A) All information required to be reported
in this chapter must be used in the tracking of petroleum products and
must be submitted in the manner provided by the department. The
requirements may include, but not be limited to, the data elements, the
format of the data elements, and the method and medium of
transmission to the department.
      (B) A person liable for reporting under this chapter who fails to
meet the requirements of this section within three months after
notification of the failure by the department, in addition to all other
penalties prescribed by this chapter, is subject to an additional penalty
of five thousand dollars for each month the failure continues.”
   SECTION __. A.Chapter 54, Title 12 of the 1976 Code is
amended by adding:
      “Section 12-54-123. A person in possession of property upon
which a levy has been made who, upon demand by the department,
surrenders the property to the department must not be held personally
liable for any obligation or liability to the taxpayer and any other
person with respect to the property that arises from the surrender or
payment. If a person brings an action not allowed pursuant to this
section in any court of this State, the court shall dismiss the case.”
   B. This section takes effect July 1, 2005.

                                   4005
                    WEDNESDAY, MAY 25, 2005

   SECTION __. A.Title 12 of the 1976 Code is amended by adding:
                              “CHAPTER 55
                      Overdue Tax Debt Collection Act
      Section 12-55-10. This chapter may be cited as the ‘Overdue Tax
Debt Collection Act’.
      Section 12-55-20. The General Assembly finds that the
Department of Revenue has documented that the state’s cost of
collecting overdue tax debts exceeds twenty percent of the cost of
collecting overdue debts. The General Assembly further finds that the
cost of collecting overdue tax debts is currently borne by taxpayers
who pay their taxes on time. It is the intent of the General Assembly
by enacting the ‘Overdue Tax Debt Collection Act’ to ship this cost to
the delinquent taxpayers who owe overdue tax debts.
      Section 12-55-30. (A) As used in this chapter:
         (1) ‘Overdue tax debt’ means any part of a tax debt that
remains unpaid one hundred twenty days or more after the taxpayer
receives notice as defined in Section 12-55-30(A)(2).
         (2) ‘Notice’ means a notice of assessment issued by the
department to the taxpayer pursuant to the South Carolina Revenue
Procedures Act.
         (3) ‘Tax debt’ means the total amount of tax, fees, penalties,
interest, and costs for which notice has been issued by the department
to the taxpayer.
      (B) Except when the context clearly indicates a different
meaning, the definitions in Section 12-60-30 also apply to this chapter.
      Section 12-55-40. A collection assistance fee may be imposed on
an overdue tax debt. To impose a collection assistance fee on a tax
debt, the department shall notify the taxpayer that the collection
assistance fee may be imposed if the tax debt becomes overdue tax
debt.
      Section 12-55-50. The collection assistance fee is collectible as
part of the debt. The department may waive the fee to the same extent
as if it were a penalty.
      Section 12-55-60. The amount of the collection assistance fee is
twenty percent of the amount of the overdue tax.
      Section 12-55-70. The proceeds of the collection assistance fee
must be credited to a special account within the department and must
be used to fund the South Carolina Business One Stop (SCBOS)
program within the department. Any excess proceeds of the collection
assistance fee above the amount required to fund the SCBOS program


                                  4006
                     WEDNESDAY, MAY 25, 2005

must be credited to the department to be retained and expended for use
in budgeted operations.
      Section 12-55-80. The department may bring suits in the courts
of other states to collect taxes legally due this State. The officials of
other states are empowered to sue for the collection of taxes in the
courts of this State. Whenever the department considers it expedient to
employ local counsel to assist in bringing suit in an out-of-state court,
the department may employ local counsel.
      Section 12-55-90. Collection agencies with which the department
contracts under Sections 12-4-340 and 12-54-227 are also authorized to
collect on behalf of the department overdue tax debts and the collection
fee imposed by this chapter.”
   B. The ‘Overdue Tax Debt Collection Act’ as added by this section
applies for all tax debts incurred before which remain outstanding on
December 1, 2002, and to all tax debts incurred on or after December
1, 2002.
   SECTION __. A.Article 7, Chapter 4, Title 61 of the 1976 Code is
amended by adding:
      “Section 61-4-725. Notwithstanding any other provision of law, a
licensed winery located in a county or municipality that has conducted
a favorable referendum under the provisions of Section 61-6-2010,
during those same hours authorized by permits issued under Section
61-6-2010, may sell, possess, and permit the consumption of wine on
the premises.”
   B. This section takes effect July 1, 2005.
   SECTION __. Section 6-1-320(A) of the 1976 Code is amended to
read:
      “(A) Notwithstanding Section 12-37-251(E), a local governing
body may increase the millage rate imposed for general operating
purposes above the rate imposed for such purposes for the preceding
tax year only to the extent of the increase in the consumer price index
for the in the average of the twelve monthly consumer price indexes for
the most recent twelve-month period consisting of January through
December of the preceding calendar year. However, in the year in
which a reassessment program is implemented, the rollback millage, as
calculated pursuant to Section 12-37-251(E), must be used in lieu of
the previous year’s millage rate.”
   SECTION __. Section 12-6-40(A)(1) of the 1976 Code, as last
amended by Act 69 of 2003, is further amended to read:
      “(1)(a) Except as otherwise provided, ‘Internal Revenue Code’
means the Internal Revenue Code of 1986, as amended through

                                   4007
                     WEDNESDAY, MAY 25, 2005

December 31, 2002 2004, and includes the effective date provisions
contained in it.
        (b) For purposes of Sections 63 and 179 of the Internal
Revenue Code, the amendments made by Sections 103 and 202 of the
Jobs and Growth Tax Relief Reconciliation Act of 2003, P.L. 108-27
(May 28, 2003) are effective only for taxable years beginning after
December 31, 2003.”
    SECTION __. Section 12-6-50 of the 1976 Code, as last amended
by Act 69 of 2003, is further amended to read:
      “Section 12-6-50. For purposes of this chapter title and all other
titles which provide for taxes administered by the department, except
as otherwise specifically provided, the following Internal Revenue
Code Sections are specifically not adopted by this State:
      (1) Sections 1(a) through 1(e), 3, 11, and 1201 relating to federal
tax rates;
      (2) Sections 22 through 53, 515, 853, 901 through 908, and 960
relating to tax credits;
      (3) Sections 55 through 59 relating to minimum taxes;
      (4) Sections 78, 86, 87, 168(k), 196, and 280C relating to
dividends received from certain foreign corporations by domestic
corporations, taxation of social security and certain railroad retirement
benefits, the alcohol fuel credit, bonus depreciation, deductions for
certain unused business credits, and certain expenses for which credits
are allowable;
      (5) Sections 72(m)(5)(B), 72(f), 72(o), 72(q), and 72(t), relating
to penalty taxes on certain retirement plan distributions;
      (6) Section 172(b)(1) relating to net operating loss carrybacks;
      (7) Section 199 relating to the deduction attributable to domestic
production activities;
      (8) Sections 531 through 564 relating to certain special taxes on
corporations;
      (8)(9) Sections 581, 582, and 585 through 596 relating to the
taxation of banking institutions;
      (9)(10) Sections 665 through 668 relating to taxation of certain
accumulation distributions from trusts;
      (10)(11) Sections 801 through 845 relating to taxation of
insurance companies;
      (11)(12) Sections 861 through 908, 912, 931 through 940, and
944 through 989 relating to the taxation of foreign income;
      (13) Sections 1352 through 1359 relating to an alternative tax on
qualifying shipping activities;

                                   4008
                    WEDNESDAY, MAY 25, 2005

     (12)(14) Sections 1401 through 1494;
     (13)(15) Sections 1501 through 1505 relating to consolidated tax
returns; and
     (14)(16) Sections 2001 through 7655, 7801 through 7871, and
8001 through 9602, except for Section 6015, and except for Sections
6654 and 6655 which are adopted as provided in Section 12-6-3910.”
   SECTION __. Section 12-6-1110 of the 1976 Code is amended to
read:
     “Section 12-6-1110. (A) For South Carolina income tax
purposes, gross income, adjusted gross income, and taxable income as
calculated under the Internal Revenue Code are modified as provided
in this article and subject to allocation and apportionment as provided
in Article 17 of this chapter.
     (B) If a taxpayer has made an election pursuant to Internal
Revenue Code Section 1354 to be taxed under the provisions of
Section 1352-1359 of the Internal Revenue Code, Election to
Determine Taxable Income from Certain International Shipping
Activities, the election is not effective for South Carolina income tax
purposes, and the taxpayer is taxed in accordance with this chapter as
though no federal Section 1354 election has been made.”
   SECTION __. A.Section 12-6-1130(2) of the 1976 Code is
amended to read:
     “(2) The deduction for taxes permitted by Internal Revenue Code
Section 164 is computed in the same manner as provided in Section
164 except there is no deduction for state and local income taxes, or
state and local franchise taxes measured by net income, or any other
income taxes, or any taxes measured by or with respect to net income,
or state or local sales or use taxes.”
   B. Section 12-6-1130 of the 1976 Code, as amended by Act 363 of
2002, is further amended by adding an appropriately numbered item at
the end to read:
     “( ) Adjusted gross income and taxable income are computed
without the deduction allowed pursuant to Internal Revenue Code
Section 199 relating to domestic production activities.”
   SECTION __. Section 12-6-1140(8) of the 1976 Code is amended
to read:
     “(8) RESERVED. the portion of premiums not deductible
pursuant to Internal Revenue Code Section 162(l) because the
“applicable percentage” as defined in that section is less than one
hundred percent.”


                                  4009
                     WEDNESDAY, MAY 25, 2005

   SECTION __. A. Section 12-6-2220(2) of the 1976 Code is
amended to read:
      “(2) Dividends received from corporate stocks owned not
connected with the taxpayer’s business, less all related expenses, are
allocated to the state of the corporation’s principal place of business as
defined in Section 12-6-30(9) or the domicile of an individual
taxpayer.”
   B. Section 12-6-2220(2) of the 1976 Code, as amended by this
section, applies for taxable years beginning after 2004.
   SECTION __. The ultimate undesignated paragraph of Section
12-6-3360(M)(3) of the 1976 Code, as last amended by Act 168 of
2004, is further amended to read:
      “Notwithstanding any other another provision of law, ‘new job’
includes jobs created by a taxpayer when the taxpayer hires more than
five hundred full-time individuals:
        (a) at a manufacturing facility located in a county classified as
least developed distressed;
        (b) immediately before their employment by the taxpayer, the
individuals were employed by a company operating, as of the effective
date of this paragraph, under Chapter 11 of the United States
Bankruptcy Code; and
        (c) the taxpayer, as an unrelated entity, acquires as of July 10,
2002 March 12, 2004, substantially all of the assets of the company
operating under Chapter 11 of the United States Bankruptcy Code.”
   SECTION __. A. Section 12-6-3365(A) of the 1976 Code, as
last amended by Act 172 of 2004, is further amended to read:
      “(A) A taxpayer creating and maintaining at least one hundred
full-time new jobs, as defined in Section 12-6-3360(M), at a facility of
a type identified in Section 12-6-3360(M) may petition, utilizing the
procedure in Section 12-6-2320(B), for a moratorium on state corporate
income or insurance premium taxes imposed pursuant to Section
12-6-530 or insurance premium taxes imposed pursuant to Title 38 for
the ten taxable years beginning the first full taxable year after the
taxpayer qualifies and ending either ten years from that year or the year
when the taxpayer’s number of full-time new jobs falls below one
hundred, whichever is earlier. For purposes of insurance premium
taxes, the petition pursuant to Section 12-6-2320(B) must be made to
and approved by the director of the Department of Insurance.”
   B. The amendment to Section 12-6-3365 of the 1976 Code in this
section does not affect its repeal as provided in Section 3 of Act 277 of
2000.

                                   4010
                     WEDNESDAY, MAY 25, 2005

   SECTION __. A.Section 12-6-3480 of the 1976 Code is amended
to read:
     “Section 12-6-3480. (A) Notwithstanding any other provision of
law:
        (1) Any credits under Title 38 may be applied against any
taxes imposed under this chapter or license fees imposed under Chapter
20 of this title.
        (2) Any credits under this chapter or Chapter 14 of this title
which are earned by one member of a controlled group of corporations
a corporation included in a consolidated corporate income tax return
under Section 12-6-5020 may must be used and applied against the
consolidated tax, unless otherwise specifically provided by that
member and by any other members of the controlled group of
corporations.
        (3) Any limitations upon the total amount of liability for taxes
or license fees that can be reduced by the use of a credit must be
computed one credit at a time before any other another credit is used to
reduce any remaining tax or license fee liability under this chapter or
Chapter 20 of this title. Subject to item (4), The taxpayer may apply
any credits arising under this chapter or Chapter 14 of this title in any
order the taxpayer elects, and may apply a credit that is allowed for use
against both taxes and license fees in any order, unless otherwise
specifically provided, and against either one or both taxes and license
fees in any given year, subject to specific limitations in the applicable
credit statute and this item.
        (4) No credit amount may be used more than once, and all
credits must be used, to the extent possible in any given year, first by
the company that earned them, and second against the tax which
generated them. Unless otherwise provided by law, a tax credit
administered by the department must be used to the extent possible in
the year it is generated and cannot be refunded.
        (5) As used in this section:,
           (a) the term ‘controlled group of corporations’ has the same
meaning as provided under Section 1563 of the Internal Revenue Code
without regard to Section 1563(a)(4), (b)(2)(A), only with respect to
corporations which are in existence for less than one-half the number
of days in the tax year referred to therein, and (b)(2)(C) and (D);
           (b) the term ‘tax credit’ or ‘credit’ means a statutorily
directed or authorized reduction in the tax liability made after any
applicable tax rates are applied.”


                                   4011
                      WEDNESDAY, MAY 25, 2005

   B. Section 12-6-3480 of the 1976 Code, as amended by this section,
applies for taxable years beginning after 2004.
   SECTION __. A.Section 12-6-4910(1)(d) of the 1976 Code is
amended to read:
      “(d) a nonresident individual with South Carolina gross income
greater than the personal exemption amount provided in Internal
Revenue Code Section 151(d).”
   B. Section 12-6-4910(1)(d) of the 1976 Code, as amended by this
section, applies for taxable years beginning after 2005.
   SECTION __. A.Section 12-6-5020(F) of the 1976 Code is
amended to read:
      “(F) If a corporation which files or is required to file a
consolidated return is entitled to one or more income tax credits,
including the carryover of unused credits from prior years, the income
tax credits may must be determined on a consolidated basis.
Limitations on credits which refer to the income or the income tax
liability of a corporation are deemed to refer to the income or income
tax liability of the consolidated group, and credits shall reduce the
consolidated group’s tax liability regardless of whether or not the
corporation entitled to the credit contributed to the tax liability or of the
consolidated group.”
   B. Section 12-6-5020(F), as amended by this section, applies for
taxable years beginning after 2004.
   SECTION __. A.Section 12-6-5030 of the 1976 Code is amended
to read:
      “Section 12-6-5030. (A) A partnership or ‘S’ Corporation may
file a composite individual income tax return on behalf of the
nonresident partners or shareholders that are individuals, or trusts, and
or estates in which the income is taxed to the trust or estate, or the
department may require that a partnership or ‘S’ Corporation file a
composite individual income tax return on behalf of the nonresident
partners or shareholders that are individuals, or trusts and estates in
which the income is taxed to the trust or estate, provided that a
nonresident partner or ‘S’ Corporation shareholder having taxable
income within the jurisdiction of this State from sources other than the
partnership or ‘S’ Corporation may not file as part of the composite
return.
      (B)(1) A composite return is one which combines the separate
South Carolina tax liabilities of the nonresident partners or
shareholders and a single return for two or more taxpayers having the
same tax year in which each participant’s share of the partnerships or

                                     4012
                     WEDNESDAY, MAY 25, 2005

‘S’ Corporation’s taxable income or loss is separately computed and
added together to arrive at the total tax due on the composite return.
The partnership or ‘S’ Corporation may elect to determine each
participant’s tax due by one of the following methods:
           (a) compute the pro rata share of the standard deduction or
itemized deductions, and personal exemption amount for each
participant pursuant to Section 12-6-1720(2) in the same manner as if it
was being separately reported; or
           (b) compute each participant’s share of South Carolina
income without regard to any deductions or exemptions.
         (2) The composite return is signed by a general partner or an
authorized officer of the ‘S’ Corporation.
      (C) If there is not sufficient information to determine the separate
liability or the state of residence, then no deduction is allowed for
personal exemptions, individual itemized deductions, or standard
deductions.
      (D)(1) A composite return may be filed even if some of the
nonresident fiduciary and individual shareholders and partners eligible
to participate in filing a composite return choose not to participate.
Corporate taxpayers may not participate in a composite return.
         (2) A nonresident participating in the composite return that has
South Carolina income from sources other than the entity filing the
composite return is required to file appropriate returns and make
payment of all South Carolina taxes required by law. Taxes paid for
the nonresident with the composite return shall reduce taxes due at the
time the nonresident subject to this subitem files a separate return for
the tax year reporting South Carolina income from all sources. The
entity shall furnish to each nonresident a written statement as required
by Section 12-8-1540(A) as proof of the amount that has been paid by
the partnership or ‘S’ corporation as estimated payments for the
nonresident and the amount paid for the nonresident with the composite
return.
      (E)(D) The department may establish procedures or promulgate
rules and promulgate regulations necessary to carry out the provisions
of this section.”
   B. Section 12-6-5030 of the 1976 Code, as amended by this section,
applies for taxable years beginning after 2004.
   SECTION __. A.Subsections (A) and (D)(3) of Section 12-8-520
of the 1976 Code are amended to read:
      “(A) An employer paying wages at the rate of eight hundred
dollars or more a year to an employee shall withhold income tax for

                                   4013
                     WEDNESDAY, MAY 25, 2005

that employee if at the time of payment the wages are expected to equal
one thousand dollars or more during the year, except as provided in
(C), using the tables and rules promulgated by the department.
      (3) for personal services performed on occasional, sporadic, or
casual visits to in this State by nonresident employees in connection
with their regular employment outside of this State; when the gross
South Carolina wages are equal to or less than the personal exemption
amount provided in Internal Revenue Code Section 151(d) as defined
in Section 12-6-40. However, this item does not apply to employees
performing construction, installation, engineering, or similar services
are considered to have earned wages in this State if where the situs of
the job is in this State;”
   B. Subsections (A) and (D)(3) of Section 12-8-520 of the 1976 Code,
as amended by this section, apply for taxable years beginning after
2005.
   SECTION __. A. Section 12-8-1520(A)(2) of the 1976 Code is
amended to read:
      “(2) If a resident withholding agent is required under the Internal
Revenue Code to deposit withheld funds at a financial institution, then
the withholding agent shall deposit the funds required to be withheld
under this chapter at a financial institution selected by the State
Treasurer, unless otherwise instructed by the department.”
   B. Section 12-8-1520 of the 1976 Code is amended by adding at the
end:
      “(D) Any withholding agent making at least twenty-four payments
in a year must do so as provided in Section 12-54-250.”
   C. Section 12-8-1520(A)(2) of the 1976 Code, as amended in
subsection A of this section, takes effect July 1, 2005. The amendment
to Section 12-8-1520 in the 1976 Code in subsection (B) of this section
applies for payments due after January 1, 2006.
   SECTION __. Section 12-10-105 of the 1976 Code, as added by
Act 334 of 2002, is amended to read:
      “Section 12-10-105. In addition to the application fee provided in
Section 12-10-100, an additional annual fee of one thousand dollars
must be remitted by those qualifying businesses receiving claiming in
excess of ten thousand dollars of job development credits or in excess
of ten thousand dollars in job retraining credits in one calendar year . to
the department The fee is due for each project that is subject to a
revitalization or retraining agreement that exceeds ten thousand dollars
in one calendar year and must be remitted to the Department of
Revenue to be used to reimburse the department of Revenue for costs

                                    4014
                     WEDNESDAY, MAY 25, 2005

incurred auditing reports required pursuant to Section 12-10-80(A).
The fee becomes due at the time the single project’s claims for job
development credits or job retraining credits exceeds ten thousand
dollars for that calendar year.”
   SECTION __. A.Subsections (B)(1) and (C) of Section 12-20-105
of the 1976 Code, as last amended by Act 69 of 2003, are further
amended to read:
      “(1) To be considered an eligible project for purposes of this
section, the project must qualify for income tax credits under Chapter 6
of Title 12, withholding tax credit under Chapter 10 of Title 12, income
tax credits under Chapter 14 of Title 12, or fees in lieu of property
taxes under either Chapter 12 of Title 4, Chapter 29 of Title 4, Chapter
37 of Title 12, or Chapter 44 of Title 12.
      (C) For the purpose of this section, ‘infrastructure’ means
improvements for water, sewer, gas, steam, electric energy, and
communication services made to a building or land that are considered
necessary, suitable, or useful to an eligible project. These
improvements include, but are not limited to:
        (1) improvements to both public or private water and sewer
systems;
        (2) improvements to both public or private electric, natural
gas, and telecommunications systems including, but not limited to,
ones owned or leased by an electric cooperative, electric utility, or
electric supplier, as defined in Chapter 27, Title 58;
        (3) fixed transportation facilities including highway, road, rail,
water, and air;
        (4) for a qualifying project under subsection (B)(2),
infrastructure improvements include industrial shell buildings and the
purchase of land for an office, business, commercial, or industrial park
which is owned or constructed by a county or political subdivision of
this State.”
   B. Subsections (B)(1) and (C) of Section 12-20-105 of the 1976
Code, as amended by this section, apply for taxable years beginning
after 2004.
   SECTION __. Section 12-21-1090 of the 1976 Code is amended
to read:
      “Section 12-21-1090. The department shall may promulgate rules
and regulations for the payment and collection of the taxes levied by
this article. The administrative provisions of Section 12-21-2870,
wherever applicable, are hereby adopted for the administration and
enforcement of the provisions of this article.”

                                   4015
                     WEDNESDAY, MAY 25, 2005

   SECTION __. A.Section 12-21-6550 of the 1976 Code is amended
to read:
      “Section 12-21-6550. In order to obtain the amounts provided in
Sections 12-21-6530 and 12-21-6540:
      (A) The county or municipality in which the major tourism or
recreation facility or major tourism or recreation area is located must
file with the Department of Parks, Recreation and Tourism a
certification application. The Department of Parks, Recreation and
Tourism shall review the application for completeness and accuracy
and if necessary contact the county or municipality for additional
information. A separate certification application must be filed for each
tourism or recreation facility located in a tourism or recreation area.
The certification application must be filed within one year of the end of
the investment period.
      (B) When the application is complete, the Department of Parks,
Recreation and Tourism shall forward the application on to the
department. The department must shall notify the county or the
municipality, in writing, if the certification application has been
approved.
      (B)(C) A tourism or recreation facility for which a certification
application has been filed must request a determination from the
council as to the status of the tourism or recreation facility. The
council must classify each tourism or recreation facility as a new
tourism or recreation facility or an expansion to an existing tourism or
recreation facility. If a tourism or recreation facility is classified as an
expansion to an existing tourism or recreation facility, Section
12-21-6580 applies. The request for determination of classification
must be included in the certification application. The department must
forward a copy of the request to the council for its determination.”
   B. This section takes effect July 1, 2005.
   SECTION __. Section 12-28-740(3)(b) of the 1976 Code is
amended to read:
      “(b) by application for a refund or credit against its liabilities
otherwise arising under this chapter, if the purchase is charged to a
credit card issued to an eligible government entity, the issuer of the
card elects to be the ultimate vendor, and the federal agency is billed
without the user fee;”
   SECTION __. Subsections (C) and (F) of Section 12-28-1730 of
the 1976 Code are amended to read:
      “(C) Reserved. The department shall impose a civil penalty on
the operator of a vehicle of two hundred dollars for the initial

                                    4016
                     WEDNESDAY, MAY 25, 2005

occurrence in each calendar year of a violation of the prohibition of use
of dyed motor fuel subject to the user fee on the public highways of
this State. Each subsequent offense in a calendar year is subject to a
civil penalty of five thousand dollars.
      (F) The department shall impose a civil penalty in an amount
equivalent to that imposed by Section 6715 of the Internal Revenue
Code on the operator of a vehicle who knowingly violates the
prohibition on the sale or use of dyed fuel upon public highways of this
State. The department shall impose a civil penalty in the amount of
one thousand dollars or ten dollars for each gallon of dyed fuel
involved, whichever is greater, on the operator of a vehicle that is used
on the highways of this State, or is authorized or otherwise allowed to
be used on the highways of this State, and who uses dyed fuel for the
propulsion of that vehicle or who stores dyed fuel to be used for the
propulsion of a vehicle on the highways of this State, regardless of
whether any of such dyed fuel is used for a nontaxable purpose, unless
permitted to do so under federal law.
      For purposes of this section, the operator is the person responsible
for the management and operation of the vehicle, whether as owner,
lessee, or other party.”
   SECTION __. Section 12-36-530 of the 1976 Code is amended to
read:
      “Section 12-36-530. Retailers, after closing or selling a business,
must return the retail license to the department for cancellation and
remit any unpaid or accrued taxes. The department may refuse to issue
a new retail license to any person who has failed to comply with the
provisions of this section.
      In the case of sale of any business the tax is considered to be due
at the time of the sale of the fixtures and equipment incident to the
business and constitutes a lien against the stock of goods and the
fixtures and equipment in the hands of the purchaser, or any other third
party, until the tax is paid. The department may not issue a retail
license to continue or conduct the business to the purchaser until all
taxes due the State have been settled and paid.”
   SECTION __. Section 12-36-1310(B) of the 1976 Code, as last
amended by Act 334 of 2002, is further amended to read:
      “(B) The use tax imposed by this article also applies to the:
         (1) gross proceeds accruing or proceeding from the business of
providing or furnishing any a laundering, dry cleaning, dyeing, or
pressing service, but does not apply to the gross proceeds derived from
coin operated laundromats and dry cleaning machines;

                                   4017
                     WEDNESDAY, MAY 25, 2005

        (2) gross proceeds accruing or proceeding from the sale of
electricity;
        (3)(a) gross proceeds accruing or proceeding from the charges
for the ways or means for the transmission of the voice or messages,
including the charges for use of equipment furnished by the seller or
supplier of the ways or means for the transmission of the voice or
messages. Gross proceeds from the sale of prepaid wireless calling
arrangements subject to tax at retail pursuant to item (5) of this
subsection are not subject to tax pursuant to this item. Effective for
bills rendered after August 1, 2002, charges for mobile
telecommunications services subject to the tax under this item must be
sourced in accordance with the Mobile Telecommunications Sourcing
Act as provided in Title 4 of the United States Code. The term
‘charges for mobile telecommunications services’ is defined for
purposes of this section the same as it is defined in the Mobile
Telecommunications Sourcing Act.             All other definitions and
provisions of the Mobile Telecommunications Sourcing Act as
provided in Title 4 of the United States Code are adopted;
           (b)(i) for purposes of this item, a ‘bundled transaction’
means a transaction consisting of distinct and identifiable properties or
services, which are sold for one nonitemized price but which are
treated differently for tax purposes:
              (ii) for bills rendered on or after January 1, 2004, that
include telecommunications services in a bundled transaction, if the
nonitemized price is attributable to properties or services that are
taxable and nontaxable, the portion of the price attributable to any
nontaxable property or service is subject to tax unless the provider can
reasonably identify that portion from its books and records kept in the
regular course of business for purposes other than sales taxes.
        (4) fair market value of tangible personal property brought into
this State, by the manufacturer thereof, for storage, use, or consumption
in this State by the manufacturer.
        (5) gross proceeds accruing or proceeding from the sale or
recharge at retail for prepaid wireless calling arrangements.
           (a) ‘Prepaid wireless calling arrangements’ means
communication services that:
              (i) are used exclusively to purchase wireless
telecommunications;
              (ii) are purchased in advance;



                                   4018
                     WEDNESDAY, MAY 25, 2005

              (iii) allow the purchaser to originate telephone calls by
using an access number, authorization code, or other means entered
manually or electronically; and
              (iv) are sold in units or dollars which decline with use in a
known amount.
           (b) All charges for prepaid wireless calling arrangements
must be sourced to the:
              (i) location in this State where the over-the-counter sale
took place;
              (ii) shipping address if the sale did not take place at the
seller’s location and an item is shipped; or
              (iii) either the billing address or location associated with
the mobile telephone number if the sale did not take place at the
seller’s location and no item is shipped.”
   SECTION __. Section 12-36-2120 of the 1976 Code, as amended
by Act 69 of 2003, is further amended by adding an appropriately
numbered item at the end to read:
      “( ) prescription and over-the-counter medicines and medical
supplies, including diabetic supplies, diabetic diagnostic equipment,
and diabetic testing equipment, sold to a health care clinic that provides
medical and dental care without charge to all of its patients.”
   SECTION __. A.Section 12-36-2510 of the 1976 Code is amended
to read:
      “Section 12-36-2510. (A)(1) Notwithstanding other provisions of
this chapter, when, in the opinion of the department, the nature of a
taxpayers business renders it impracticable for the taxpayer to account
for the sales or use taxes, as imposed by this chapter, at the time of
purchase, the department may issue its certificate to the taxpayer
authorizing the purchase at wholesale and the taxpayer is liable for the
taxes imposed by this chapter with respect to the gross proceeds of
sale, or sales price, of the property withdrawn, used or consumed by
the taxpayer within this State. at its discretion, may issue or authorize
for the efficient administration of the sales and use tax law any type of
certificate allowing a taxpayer to purchase tangible personal property
tax free and be liable for any taxes.
         (2) In addition to any other type of certificate the department
considers necessary to issue, the department may issue at its discretion:
           (a) Direct Pay Certificate: a direct pay certificate allows its
holder to make all purchases tax free and to report and pay directly to
the department any taxes due. The holder of a direct pay certificate is
liable for any taxes due. If an exemption or exclusion is not applicable,

                                    4019
                     WEDNESDAY, MAY 25, 2005

the tax is due upon the withdrawal, use, or consumption of the tangible
personal property purchased with the certificate.
           (b) Exemption Certificate: an exemption certificate, as
opposed to allowing its holder to make all purchases tax free, allows its
holder to make only certain purchases tax free such as machinery,
electricity, or raw materials. The holder of an exemption certificate is
liable for any taxes due. If an exemption or exclusion is not applicable,
the tax is due upon purchase, or upon the withdrawal, use, or
consumption of the tangible personal property purchased with the
certificate if the application of the exemption or exclusion cannot be
determined at the time of purchase.
      (B) To reduce the complexity and administrative burden of
transactions exempt from sales or use tax, the following provisions
must be followed when a purchaser claims an exemption by use of an
exemption certificate:
        (1) the seller shall obtain at the time of the purchase any
information determined necessary by the department, including the
reason the purchaser is claiming a tax exemption or exclusion;
        (2) the department, at its discretion, may utilize a system
where the purchaser exempt from the payment of the tax is issued an
identification number which must be presented to the seller at the time
of the sale;
        (3) the seller shall maintain proper records of exempt or
excluded transactions and provide them to the department when
requested and in the form requested by the department.
      (C) A seller that complies with the provisions of this section is
relieved from any tax otherwise applicable if it is determined that the
purchaser improperly claimed an exemption or exclusion by use of a
certificate, provided the seller fraudulently did not fail to collect or
remit the tax, or both, or solicit a purchaser to participate in an
unlawful claim of an exemption. The liability for any tax shifts to the
purchaser who improperly claimed the exemption or exclusion by use
of the certificate.”
   B. This section takes effect October 1, 2005.
   SECTION __. Items (5) and (8) of Section 12-37-220(B) of the
1976 Code are amended to read:
      “(5) All property of the American Legion, the Veterans of Foreign
Wars, the Spanish American War Veterans, the Disabled American
Veterans, and Fleet Reserve Association or any similar Veterans
Organization chartered by the Congress of the United States, whether
belonging to the department or to any of the Posts in this State when

                                   4020
                     WEDNESDAY, MAY 25, 2005

used exclusively for the purpose of such organization and not used for
any purpose other than club rooms, offices, meeting places or other
activities directly in keeping with the policy stated in the National
Constitution of such organization, and such property is devoted entirely
to its own uses and not held for ‘pecuniary profit’. For the purposes of
this item ‘pecuniary profit’ refers to income received from the sale of
alcoholic beverages to persons other than bona fide members and their
bona fide guests, or any income, any part of which inures to the benefit
of any private individual. Where any structure or parcel of land is used
partly for the purposes of such organization and partly for such
pecuniary profits, the area for pecuniary profits shall be assessed
separately and that portion shall be taxed.
      (8) Properties of whatever nature or kind owned within the State
and used or occupied by the Palmetto Junior Homemakers Association,
the New Homemakers of South Carolina, the South Carolina
Association of Future Farmers of America and the New Farmers of
South Carolina, so long as such properties are used exclusively to
promote vocational education or agriculture, better business methods
and more effective organization for farming or to encourage thrift or
provide recreation for persons studying agriculture or home economics
in the public schools.”
   SECTION __. A.Subsections (a) and (b) of Section 12-54-42 of
the 1976 Code are amended to read:
           “(a) An employer A person who fails to comply with the
provisions of Section 12-8-1540, requiring the furnishing of a
withholding statement to employees is subject to a penalty of not less
than one hundred dollars nor more than one thousand dollars for each
violation.
           (b) An employer A person who fails to comply with the
provisions of Section 12-8-540(A)(1) 12-8-1550, requiring the filing of
withholding statements with the department is subject to a penalty of
not less than one hundred dollars nor more than two thousand dollars
for each violation.”
   B. This section takes effect July 1, 2005.
   SECTION __. A. Section 12-54-43(I) of the 1976 Code is
amended to read:
      “(I) A person:
         (1)(a) who files what purports to be a return of the tax imposed
by a provision of law administered by the department but which:
           (a)(i) does not contain information on which the substantial
correctness of the tax liability may be judged; or

                                   4021
                     WEDNESDAY, MAY 25, 2005

            (b)(ii) contains information that on its face indicates the
liability is substantially incorrect; and or
            (b) who files a claim, a protest, or document, other than a
return, that contains information that on its face indicates its position is
substantially incorrect; and
         (2) whose conduct is due to:
            (a) a position which is frivolous or groundless; or
            (b) a desire, which appears on the purported return, claim,
protest, or document, to delay or impede the administration of state tax
laws;
         (3) is liable to a penalty of five hundred dollars for the first
filing, twenty-five hundred dollars for the second filing, and five
thousand dollars for each subsequent filing. This penalty is These
penalties are in addition to all other penalties provided by law.”
    B. Section 12-54-43 of the 1976 Code, as last amended by Act 89 of
2001, is further amended by adding an appropriately lettered subsection
at the end to read:
       “( ) If a purchaser uses a resale, wholesale, or an exemption
certificate issued or authorized by the department to purchase tangible
personal property tax free which the purchaser knows is not excluded
or exempt from the tax under the provisions of Chapter 36 of this title,
then the purchaser, in addition to any other penalties due under this
title, is liable for a penalty of five percent of the amount of the tax if
the failure is for not more than one month, with an additional five
percent for each additional month or fraction of the month during
which the failure continues, not exceeding fifty percent in the
aggregate. The provisions of this section do not apply to direct pay
certificates.”
    C. Section 12-54-43(I) of the 1976 Code, as amended by
subsection A. of this section, takes effect October 1, 2005. Section
12-54-43 of the 1976 Code, as amended by subsection B. of this
section, takes effect July 1, 2005.
    SECTION __. Section 12-54-90(A) of the 1976 Code is amended
to read:
       “(A) When a person fails, neglects, violates, or refuses to comply
with a provision of law or regulation administered by the department,
the department, in its discretion, may refuse to issue a license to a
taxpayer and may revoke one or more licenses held by the taxpayer.
within ten days of notification in writing of the taxpayer’s failure to
comply. The notification may be served by certified mail or
personally.”

                                    4022
                     WEDNESDAY, MAY 25, 2005

   SECTION __. A.Section 12-54-210(A) of the 1976 Code is
amended to read:
      “(A) A person liable for a tax, license, fee, or surcharge
administered by the department or for the filing of a return with the
department, including information returns, required by this title shall
keep books, papers, memoranda, records, render statements, make
returns, and comply with regulations as the department prescribes.
Persons failing to comply with the provisions of this section must be
penalized in an amount to be assessed by the department not to exceed
five hundred dollars for the period covered by the return in addition to
other penalties provided by law.”
   B. This section takes effect July 1, 2005.
   SECTION __. A.Items (11) and (12) of Section 12-54-240(B) of
the 1976 Code are amended to read:
        “(11) disclosure of information contained on a return to the
South Carolina Employment Security department Commission,
Department of Revenue, or to the Department of the Treasury, Alcohol,
and Tobacco Tax and Firearms Division Trade Bureau;
        (12)(a) disclosure to any state agency, county auditor, or county
assessor of whether a resident or nonresident tax return was filed by
any particular taxpayer.;
           (b) disclosure to any county auditor or county assessor of
whether the four percent assessment pursuant to Section
12-43-220(c)(1) has been claimed by a taxpayer in any county.”
   B. Section 12-54-240(B)(24) of the 1976 Code, as added by Act 69
of 2003, is further amended to read:
      “(24) disclosure of information pursuant to a subpoena issued by
a federal grand jury or the State Grand Jury of South Carolina.”
   SECTION __. Section 12-58-185(A) of the 1976 Code, as last
amended by Act 89 of 2001, is further amended to read:
      “(A) The department, in its discretion, may accept installment
payment payments for amounts due it for a period not to exceed one
year from the date the payment was due originally. Interest accrues
during the installment period, pursuant to Section 12-54-25. In
addition, the department may extend the time for payment of an
amount due it. An extension pursuant to this section may be granted
only beyond one year if it is shown to the satisfaction of the department
that the payment of the amount due it upon the date originally fixed for
the payment will result in undue hardship to the taxpayer.”
   SECTION __. A.Section 12-60-420 of the 1976 Code, as last
amended by Act 69 of 2003, is further amended to read:

                                   4023
                     WEDNESDAY, MAY 25, 2005

      “Section 12-60-420. (A) If a division of the department makes a
division decision or determines there is a deficiency in a state or local
tax administered by the department, it may send by first class mail or
deliver the division decision or the proposed assessment to the
taxpayer. The division decision or the proposed assessment must
explain the basis for the division decision or the proposed assessment
and state that assessment will be made or the decision will become
final unless the taxpayer protests the division decision or the proposed
assessment as provided in Section 12-60-450.
      (B) If the taxpayer fails to file a protest, the division decision or
proposed assessment will become final and, if applicable, an
assessment will be made for the amount of a proposed assessment. The
department shall make available forms which taxpayers may use to
protest the division decision or the proposed assessments. The division
decision or the proposed assessment is effective if mailed to the
taxpayer’s last known address even if the taxpayer refuses or fails to
take delivery, is deceased, or is under a legal disability, or, if a
corporation, has terminated its existence. For a joint tax return or
liability, one division decision or the proposed assessment may be
mailed to both taxpayers unless the department has notice that the
taxpayers have separate addresses in which event a duplicate original
of the division decision or the proposed assessment must be sent to
each taxpayer at his last known address.”
   B. This section takes effect January 1, 2005.
   SECTION __. Section 12-60-490 of the 1976 Code, as last
amended by Act 69 of 2003, is further amended to read:
      “Section 12-60-490. If a taxpayer is due a refund, the refund
must be applied first against any amount of that same tax that is
assessed and is currently due from the taxpayer. The remaining refund,
if any, must then be applied against any other state taxes that have been
assessed against the taxpayer and that are currently due, or offset as
provided in Article 3, Chapter 54 Chapter 56 of this title, or offset to
collect a debt pursuant to Section 12-4-580, or both. If any excess
remains, the taxpayer must be refunded the amount plus interest as
determined in Section 12-54-25, or, at the taxpayer’s request, it may be
credited to future tax liabilities.”
   SECTION __. A.Section 61-4-747(C)(4) of the 1976 Code, as
added by Act 40 of 2003, is amended to read:
      “(4) annually, by August thirty-first January twentieth of each
year, pay to the department all sales taxes and excise taxes due on sales
to residents of this State in the preceding calendar year, the amount of

                                    4024
                     WEDNESDAY, MAY 25, 2005

the taxes to be calculated as if the sale were in this State at the location
where delivery is made;”
    B. Section 61-4-747(C)(4) of the 1976 Code, as amended by this
section, applies for reports due after 2005.
    SECTION __. A.Article 4, Chapter 14, Title 33 of the 1976 Code
is amended by adding:
       “Section 33-14-420. Notwithstanding another provision of this
title, a claimant may not commence a suit or other proceeding against a
former shareholder of a dissolved corporation for any known or
unknown claim arising from the liabilities of the corporation, acts or
omissions of the corporation, or acts committed in its name if the
corporation filed its articles of dissolution with the Secretary of State
before January 1, 1989, or was otherwise judicially or administratively
dissolved before January 1, 1989. Further, a claimant may not satisfy a
judgment rendered against a dissolved corporation by proceeding
against or joining an individual shareholder if the corporation filed its
articles of dissolution with the Secretary of State before January 1,
1989, or was otherwise judicially or administratively dissolved before
January 1, 1989.”
    B. This section takes effect upon approval of the Governor, and
applies to corporations dissolved before, on, or after the effective date
of this section.
    SECTION __. If any section, subsection, paragraph, subparagraph,
sentence, clause, phrase, or word of this act is for any reason held to be
unconstitutional or invalid, such holding shall not affect the
constitutionality or validity of the remaining portions of this act, the
General Assembly hereby declaring that it would have passed this, and
each and every section, subsection, paragraph, subparagraph, sentence,
clause, phrase, and word thereof, irrespective of the fact that any one or
more other sections, subsections, paragraphs, subparagraphs, sentences,
clauses, phrases, or words hereof may be declared to be
unconstitutional, invalid, or otherwise ineffective. /
    Renumber sections to conform.
    Amend title to conform.

  Rep. COOPER explained the amendment.
  The amendment was then adopted.

  The Bill, as amended, was read the second time and ordered to third
reading.


                                    4025
                   WEDNESDAY, MAY 25, 2005

   S. 305--AMENDED AND ORDERED TO THIRD READING
  The following Bill was taken up:

  S. 305 -- Senators Peeler, J. V. Smith, Short, Alexander, Hayes,
Moore, Lourie and Knotts: A BILL TO AMEND THE CODE OF
LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH
CAROLINA MEDICAID MODERNIZATION ACT" INCLUDING
PROVISIONS TO ADD ARTICLE 8, CHAPTER 6, TITLE 44 SO AS
TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND
HUMAN SERVICES SHALL IMPLEMENT EFFECTIVE AND
EFFICIENT MEDICAID CARE MANAGEMENT, INCLUDING
ADMINISTERING CARE MANAGEMENT PROGRAMS FOR
ROUTINE CARE AND IMPLEMENTING CARE MANAGEMENT
PROGRAMS FOR CHRONIC DISEASE CARE; TO PROVIDE FOR
EFFECTIVE MEDICAID PHARMACY BENEFIT MANAGEMENT,
INCLUDING THE ESTABLISHMENT OF THE PHARMACY AND
THERAPEUTICS COMMITTEE, WHICH SHALL RECOMMEND
CLASSES OF DRUGS THAT SHOULD BE INCLUDED ON A
PREFERRED       DRUG        LIST     AND       CRITERIA      FOR
IMPLEMENTATION OF A PREFERRED DRUG LIST PROGRAM;
TO PROVIDE FOR EFFECTIVE MEDICAID STATE AGENCY
SERVICE MANAGEMENT, INCLUDING PERIODIC MEETINGS
OF DIRECTORS OF ALL STATE AGENCIES RECEIVING
MEDICAID FUNDS FOR THE PURPOSE OF CONTROLLING THE
GROWTH OF MEDICAID AND IMPROVING THE STATE
MEDICAID PROGRAM AND TO REQUIRE THE DEPARTMENT
TO REPORT TO THE GENERAL ASSEMBLY ON MEDICAID
EXPENDITURES AND TO CONDUCT PERIODIC AUDITS AND
REVIEWS OF STATE AGENCIES RECEIVING MEDICAID
FUNDS; TO ADD SECTION 44-6-110 SO AS TO REQUIRE THE
DEPARTMENT OF HEALTH AND HUMAN SERVICES TO,
AMONG OTHER THINGS, DEVELOP MEDICAID ELIGIBILITY
DETERMINATION CRITERIA, TO CENTRALIZE MEDICAID
ELIGIBILITY PROCESSING, AND TO CONDUCT AUDITS OF
ELIGIBILITY FILES; TO AMEND SECTION 44-6-80, RELATING
TO REPORTS TO THE GENERAL ASSEMBLY, SO AS TO
FURTHER SPECIFY THE CONTENTS AND REQUIREMENTS
FOR THESE REPORTS; TO AMEND ARTICLE 3, CHAPTER 6,
TITLE 44, RELATING TO CHILD DEVELOPMENT SERVICES,
SO AS TO DELETE THESE PROVISIONS AND TO PROVIDE FOR
MEDICAID FRAUD AND ABUSE MANAGEMENT, INCLUDING

                               4026
                    WEDNESDAY, MAY 25, 2005

PROVISIONS REQUIRING AUDITS, SANCTIONS, AND
CONTRACTING WITH OTHER ENTITIES TO PREVENT
MEDICAID FRAUD, ABUSE, AND WASTE; TO ADD SECTION
38-71-270 SO AS TO REQUIRE HEALTH INSURERS TO SUBMIT
NAMES AND OTHER IDENTIFYING INFORMATION TO THE
DEPARTMENT OF INSURANCE TO BE PROVIDED TO THE
DEPARTMENT OF HEALTH AND HUMAN SERVICES TO USE
IN IDENTIFYING MEDICAID RECIPIENTS WHO HAVE OTHER
HEALTH INSURANCE COVERAGE; TO ADD SECTION 44-6-112
SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND
HUMAN SERVICES TO FUND THE NET COSTS OF ANY THIRD
PARTY LIABILITY AND DRUG REBATE COLLECTION
EFFORTS FROM THE REVENUE COLLECTED IN THOSE
EFFORTS; TO AMEND SECTION 43-3-65, RELATING TO
COUNTIES PROVIDING OFFICE SPACE TO THE DEPARTMENT
OF SOCIAL SERVICES, SO AS TO ALSO REQUIRE COUNTIES
TO PROVIDE SPACE FOR THE DEPARTMENT OF HEALTH
AND HUMAN SERVICES ELIGIBILITY PROCESSING; AND TO
REPEAL JOINT RESOLUTION 370 OF 2002 RELATING TO
NURSING HOME BED FRANCHISE FEES.

   The Ways and Means Committee proposed the following
Amendment No. 1 (Doc Name COUNCIL\NBD\11801AC05), which
was tabled:
   Amend the bill, as and if amended, Section 38-71-270 page 13,
immediately after line 29 by inserting:
   /(C) Nothing in this section applies to accident-only, specified
disease, hospital indemnity, Medicare supplement, long-term care,
disability income, or other limited benefit health insurance policies./
   Amend the bill further, by adding an appropriately numbered
SECTION to read:
   /SECTION __. Article 1, Chapter 71, Title 38 of the 1976 Code is
amended by adding:
      “Section 38-71-280. A Health Maintenance Organization that has
contracted with the Department of Health and Human Services to
become a Manage Care Organization for Medicaid in South Carolina
when paying authorized claims for subscribers who have chosen that
plan must pay South Carolina Medicaid providers with whom the plan
does not have a contract not less than one hundred percent of the then
current Medicaid fee schedule. Medicaid providers are defined as


                                  4027
                    WEDNESDAY, MAY 25, 2005

those providers that see fee-for-service Medicaid recipients. Providers
continue not to have recourse to balance bill Medicaid recipients.”/
   Amend the bill further, page 3, immediately after line 35 by
inserting:
   /Section 44-6-1130. A Health Maintenance Organization that has
contracted with the department to become a Managed Care
Organization for Medicaid in South Carolina, to be in compliance with
network adequacy standards must provide for the following:
     (1) There must be at least one PCP per twenty-five hundred
members accessible within a thirty mile radius for ninety-five percent
of the population of the area to be served. If a radius map cannot
demonstrate this, the Managed Care Organization may state that it
generally meets this requirement, and how this was determined.
     (2) There must be a contracted hospital within the county, or
within a thirty-mile radius of ninety-five per cent of the population of
the area to be served where none exists in the county. The Managed
Care Organization must have a contractual arrangement with a tertiary
care facility within a reasonable travel distance.
     (3) The Managed Care Organization must contract with an
adequate number and type of specialists within a fifty-mile radius of
ninety five per cent of the population in the area to be served. The
mileage standards do not apply to subspecialists. For subspecialists,
the Manage Care Organization should describe how it will assure
access to subspecialists, as necessary./
   Amend the bill further, by adding appropriately numbered
SECTIONS to read:
   /SECTION __. Chapter 30, Title 1 of the 1976 Code is amended by
adding:
                                 “Article 5
                 Department of Information Technology for
                   Health and Human Services Agencies
     Section 1-30-510. There is created the Department of
Information Technology for Health and Human Services Agencies. The
Governor shall appoint the director of the department with the advice
and consent of the Senate and the House of Representatives. The
director must have training and experience in the field of information
technology planning, administration, and operations.
     Section 1-30-520. (A) The department is responsible for the
management and administration of all information technologies,
including information technology appropriations, other funding, and
contracting, for the:

                                  4028
                     WEDNESDAY, MAY 25, 2005

         (1) Department of Social Services;
         (2) Department of Disabilities and Special Needs;
         (3) Department of Mental Health.
      (B) The director has final approval for all proposed information
technologies expenditures of the agencies enumerated in subsection
(A).
      (C) Annually the director shall submit a report to the General
Assembly containing the proposed information technologies
expenditures of the agencies enumerated in subsection (A).
      Section 1-30-530. In carrying out the responsibilities of this
article the director shall:
      (1) develop a coordinated strategic plan for information
resources management that:
         (a) covers a multi-year period;
         (b) defines objectives for information resources management
at each health and human services agency;
         (c) prioritizes    information     resources    projects    and
implementation of new technology for all health and human services
agencies;
         (d) integrates planning and development of each information
resources system used by a health and human services agency,
including those funded with federal funds or other funds, or both, into a
coordinated information resources management planning and
development system established by the commission;
         (e) establishes standards for information resources system
security and that promotes the ability of information resources systems
to operate with each other; and
         (f) achieves economies of scale and related benefits in
purchasing for health and human services information resources
systems;
      (2) establish information resources management policies,
procedures, and technical standards, which must comply with statewide
policies, procedures, and standards developed by the State Chief
Information Officer, and ensure compliance with these policies,
procedures, and standards.
      Section 1-30-540. (A) The director may appoint an information
technology advisory committee composed of information resources
managers for state agencies and for private employers which may
advise the director regarding:
         (1) overall goals and objectives for information resources
management for all health and human services agencies;

                                   4029
                     WEDNESDAY, MAY 25, 2005

         (2) coordination of agency information resources management
plans;
        (3) development of short-term and long-term strategies for:
           (a) implementing information resources management
policies, procedures, and technical standards;
           (b) ensuring compatibility of information resources systems
across health and human services agencies as technology changes;
        (4) information resources training and skill development for
health and human services agency employees and policies to facilitate
recruitment and retention of trained employees;
        (5) standards for determining:
           (a) the circumstances in which obtaining information
resources services under contract is appropriate;
           (b) the information resources services functions that must be
performed by health and human services agency information resources
services employees; and
           (c) the information resources services skills that must be
maintained by health and human services agency information resources
services employees;
        (6) optimization of the use of information resources
technology that is in place at health and human services agencies;
        (7) existing and potential future information resources
technologies and practices and the usefulness of those technologies and
practices to health and human services agencies.
     (B) The committee shall review and make recommendations to
the director concerning the consolidation and improved efficiency of
information resources management functions, including:
           (a) cooperative leasing of information resources systems
equipment;
           (b) consolidation of data centers;
           (c) improved network operations;
           (d) technical support functions, including help desk
services, call centers, and data warehouses;
           (e) administrative applications;
           (f) purchases of standard software;
           (g) joint training efforts;
           (h) recruitment and retention of trained agency employees;
           (i) video conferencing; and
           (j) other related opportunities for improved efficiency.



                                  4030
                     WEDNESDAY, MAY 25, 2005

      (C) The members of the advisory committee appointed pursuant
to subsection (A) may not receive mileage, per diem, subsistence, or
any form of compensation for their service on the committee.”
   SECTION __. Title 2 of the 1976 Code is amended by adding:
                              “CHAPTER 64
                 Joint Legislative Oversight Committee on
                         Medicaid and Health Care
      Section 2-64-10. There is established the Joint Legislative
Oversight Committee on Medicaid and Health Care composed of seven
members; three of whom must be members of the Senate appointed by
the Chairman of the Senate Finance Committee, one of whom must be
a member of the minority party; three of whom must be members of
the House of Representatives appointed by the Chairman of the House
Ways and Means Committee, one of whom must be a member of the
minority party; and one of whom must be the Governor or the
Governor’s appointee. The committee shall elect a chairman and vice
chairman from among its members.
      Section 2-64-20. (A) In carrying out its responsibilities under this
chapter, the committee shall:
        (1) make a detailed and careful study of the:
           (a) State Medicaid Plan annually, and the committee must
be notified of any amendments to the plan;
           (b) federal laws pertaining to the Medicaid program; and
           (c) laws that have a bearing upon the Medicaid program;
        (2) review the state Medicaid program’s compliance with state
and federal laws, regulations, and other requirements;
        (3) compare the state Medicaid program with the Medicaid
program structures of other states;
        (4) recommend changes, and introduce legislation when
appropriate, regarding the structure of Medicaid eligibility and the
type, scope, and duration of services, together with predicted General
Fund revenue, to make the State Medicaid Plan more stable and
affordable for the taxpayers of this State;
        (5) provide for the revision of state laws and the State
Medicaid Plan to develop a more easily understood, financially
manageable, and stable system;
        (6) review efforts of the state Medicaid agency including, but
not limited to:
           (a) cost containment measures;
           (b) fiscal and program accountability;
           (c) quality of care;

                                   4031
                    WEDNESDAY, MAY 25, 2005

          (d) effective coordination of all health care providers and
payers;
          (e) performance measurement and reporting; and
          (f) detection of fraud and abuse;
       (7) submit reports and recommendations annually to the
Governor and the General Assembly for improving state health care
policy and financing and other recommendations as may be
appropriate.
     (B) In carrying out its responsibilities under this chapter, the
committee may:
       (1) hold public hearings;
       (2) receive testimony of any employee of the State or any
other witness who may assist the committee in its duties;
       (3) call for assistance in the performance of its duties from any
employee or agency of the State or any of its political subdivisions;
       (4) contract with consultants to assist the committee in
accomplishing its duties.
     Section 2-64-30. The committee may adopt by majority vote rules
not inconsistent with this chapter that it considers proper with respect
to matters relating to the discharge of its duties under this section.
Professional and clerical services for the committee must be made
available from the staffs of the General Assembly, the Budget and
Control Board, and the Department of Health and Human Services.
The members of the committee may not receive mileage, per diem,
subsistence, or any form of compensation for their service on the
committee.”/
  Renumber sections to conform.
  Amend title to conform.

  Rep. RICE explained the amendment.

  Rep. RICE moved to table the amendment, which was agreed to.

  Rep. RICE proposed the following Amendment No. 5 (Doc Name
COUNCIL\NBD\11872AC05), which was adopted:
     Amend the bill, as and if amended, Section 38-71-270 page 13,
immediately after line 29 by inserting:
     /(C) This section does not apply to supplemental insurance
policies written on an individual basis for the purpose of paying a
specified predetermined dollar amount that the insured does not, under
the terms of the policy, have to apply towards medical costs. However,

                                  4032
                    WEDNESDAY, MAY 25, 2005

such dollar amounts may be considered by the department in
determining the insured’s financial eligibility for Medicaid. Insurers
shall honor requests from the department to provide information on
their insureds, for whom Medicaid covered services may have been
provided, including information regarding benefits and payments./
     Amend the bill further, by adding an appropriately numbered
SECTION to read:
   /SECTION __. Article 2, Chapter 6, Title 44 of the 1976 Code is
amended by adding:
     “Section 44-6-162. The department shall reimburse eligible
hospitals the Graduate Medical Education cost associated with the base
rate payment for Medicaid Health Maintenance Organization enrollees
consistent with the process and methodology used for other Medicaid
recipients. The department shall begin implementation of this
requirement no later than October 1, 2005.”/
     Amend the bill further, page 3, immediately after line 35 by
inserting:
     /Section 44-6-1130. A Health Maintenance Organization that has
contracted with the department to become a Managed Care
Organization for Medicaid in South Carolina, to be in compliance with
network adequacy standards must provide for the following:
     (1) There must be at least one PCP per twenty-five hundred
members accessible within a thirty mile radius for ninety-five percent
of the population of the area to be served. If a radius map cannot
demonstrate this, the Managed Care Organization may state that it
generally meets this requirement, and how this was determined.
     (2) There must be a contracted hospital within the county, or
within a thirty-mile radius of ninety-five per cent of the population of
the area to be served where none exists in the county. The Managed
Care Organization must have a contractual arrangement with a tertiary
care facility within a reasonable travel distance.
     (3) The Managed Care Organization must contract with an
adequate number and type of specialists within a fifty-mile radius of
ninety five per cent of the population in the area to be served. The
mileage standards do not apply to subspecialists. For subspecialists,
the Manage Care Organization should describe how it will assure
access to subspecialists, as necessary./
   Renumber sections to conform.
   Amend title to conform.



                                  4033
                     WEDNESDAY, MAY 25, 2005

  Rep. RICE explained the amendment.
  The amendment was then adopted.

   Rep. DAVENPORT proposed the following Amendment No. 4 (Doc
Name COUNCIL\NBD\11855AC05), which was adopted:
   Amend the bill, as and if amended, by adding appropriately
numbered SECTIONS to read:
   /SECTION __. Title 2 of the 1976 Code is amended by adding:
                              “CHAPTER 64
                    Joint Medicaid Review Committee
     Section 2-64-10. There is established the Joint Medicaid Review
Committee composed of six members; three of whom must be
members of the Senate appointed by the Chairman of the Senate
Finance Committee, one of whom must be a member of the minority
party; three of whom must be members of the House of
Representatives appointed by the Chairman of the House Ways and
Means Committee, one of whom must be a member of the minority
party. The committee shall elect a chairman and vice chairman from
among its members.
     Section 2-64-20. (A) In carrying out its responsibilities under this
chapter, the committee shall meet at least annually to:
        (1) be briefed by the Director of the Department of Health and
Human Services regarding:
          (a) the State Medicaid Plan, and amendments to the plan;
          (b) the State Medicaid Annual Report;
          (c) Medicaid spending projections for three fiscal years;
          (d) the program’s compliance with state and federal laws,
regulations, and other requirements;
          (e) other information as requested by the chairman;
        (2) review the work of the state Medicaid agency regarding:
          (a) cost containment measures;
          (b) fiscal and program accountability;
          (c) effective coordination of all providers and payers;
          (d) performance measurement and reporting; and
          (e) detection of fraud and abuse;
        (3) make recommendations to the Governor and the General
Assembly for improving state Medicaid policy and financing;
        (4) introduce legislation to address problems and issues
affecting the Medicaid program.
     (B) In carrying out its responsibilities under this chapter, the
committee may:

                                   4034
                     WEDNESDAY, MAY 25, 2005

        (1) receive testimony of any state employee or any other
witness who may assist the committee in its duties;
        (2) call for assistance in the performance of its duties from any
state employee or state agency or any political subdivision of the State;
        (3) contract with consultants to assist the committee in
accomplishing its duties.
     Section 2-64-30. The committee may adopt, by majority vote rules
not inconsistent with this chapter that the committee considers proper
with respect to matters relating to the discharge of its duties under this
section. Professional and clerical services for the committee must be
made available from the staffs of the General Assembly, the Budget
and Control Board, and the Department of Health and Human Services.
The members of the committee may not receive mileage, per diem,
subsistence, or any form of compensation for their service on the
committee.”
   SECTION __. Chapter 6, Title 44 of the 1976 Code is amended by
adding:
                                 “Article 10
                 Information Technology Planning Team
     Section 44-6-1310. (A) The Department of Health and Human
Services shall convene an interagency team of information technology
professionals to develop plans for the efficient and effective use of
information technologies by health and human service agencies.
Representatives of the following agencies shall participate on the
information technology team:
        (1) Department of Health and Human Services;
        (2) Department of Health and Environmental Control;
        (3) Department of Social Services;
        (4) Department of Disabilities and Special Needs; and
        (5) Vocational Rehabilitation.
     (B) The Department of Health and Human Services shall provide
leadership to the information technology team in the study of the
following information technology issues and opportunities for
improvement:
        (1) redundant systems and applications;
        (2) incompatible computer systems;
        (3) multiple forms required of the public to gain access to
services;
        (4) sharing and integration of information systems;



                                   4035
                     WEDNESDAY, MAY 25, 2005

        (5) electronic communications among the agencies and with
the public;
        (6) employee training and skills for effective use of
information technology;
        (7) use of technology to support business objectives;
        (8) use of information technology to reduce costs;
        (9) optimizing the use of revenue for technology
enhancements;
        (10) public self-service to agency information;
        (11) other issues and opportunities for improvement identified
by the planning team and the MAP Commission report of 2003.
     Section 44-6-1320. Upon consultation with the Office of
Information Technology of the State Budget and Control Board, and
department the information technology team shall:
     (1) develop coordinated strategic plans that;
        (a) cover multi-year periods;
        (b) integrate planning;
        (c) define objectives;
        (d) prioritize information resources;
        (e) promote the ability of information resources systems to
operate with each other; and
        (f) achieve economies of scale and related benefits in
purchasing information resources for the participating agencies;
     (2) recommend information resources management policies,
procedures, and technical standards for health and human service
agencies.”
   SECTION __. Article 5, Chapter 21, Title 12 of the 1976 Code is
amended by adding:
     “Section 12-21-625. (A)(1) There is created the Health Care and
Human Services Fund into which must be deposited funds as may be
provided by law. The fund must be separate and distinct from the
general fund and must be used only for the purposes prescribed in this
subsection. Earnings on investments from this fund must remain part
of the separate fund and must not be deposited in the general fund.
        (2) Monies in the fund must be used as follows:
           (a) the first forty million dollars of revenue must be used as
one time funding for the Department of Social Services for a statewide
automated Child Support Enforcement System as mandated by the
federal government. These funds must be deposited into the Medicaid
Expansion Fund as provided in Section 12-23-840.


                                   4036
                     WEDNESDAY, MAY 25, 2005

           (b) the next four million dollars of revenue remaining after
the expenditures in subitem (a) is designated for the Department of
Health and Environmental Control solely for funding of grants
dedicated for community agencies and organizations for ‘Healthy
People 2010’, the promotion of public health, and targeted only toward
the following objectives:
              (i)     increasing the proportion of adults and adolescents
participating in exercise;
              (ii)    reducing the proportion of obese adults;
              (iii) reducing cigarette use by adults and adolescents;
              (iv) increasing the proportion of adolescents who do not
use alcohol or illicit drugs;
              (v)     reducing the proportion of adults engaging in the
‘binging’ use of alcoholic beverages;
              (vi) reducing motor vehicle fatalities;
              (vii) reducing homicides;
              (viii) increasing the proportion of young children who
receive vaccinations and immunizations;
              (ix) increasing the proportion of noninstitutionalized
adults, sixty-five years of age and older, who receive vaccinations and
immunizations;
              (x)     increasing the proportion of noninstitutionalized
adults, sixty-five years of age and older, who have ever been
vaccinated against pneumococcal disease; and
              (xi) increasing the number of pregnant women who begin
prenatal care in the first trimester of pregnancy.
           (c) the next nine million dollars of revenue is designated for
the Department of Disabilities and Special Needs;
           (d) the next ten million five hundred thousand dollars of
revenue is designated for the Department of Mental Health;
           (e) the next four million dollars of revenue is designated for
the Department of Health and Human Services for implementing the
recommendations of the Information Technology Planning Team as
contained in Section 44-6-1310 et seq.;
           (f) any remaining revenue collected pursuant to this section
must be used by the Department of Health and Human Services as the
director determines.
     (B) Monies must be transferred by the State Treasurer upon
written request and justification from an authorized official for the
purposes prescribed in subsection (C).


                                   4037
                     WEDNESDAY, MAY 25, 2005

      (C) For all purposes of reporting, payment, collection, and
enforcement, any surtax that may be imposed by this section is deemed
to be imposed pursuant to Section 12-21-620(1).”
   SECTION __. Section 44-6-155(A)(2) of the 1976 Code is
amended to read:
      “(2) collected pursuant to Section Sections 12-21-625 and 2-23-
810; and”
   SECTION __. Chapter 30, Title 1 of the 1976 Code is amended by
adding:
                                  “Article 3
                    Office of Behavioral Health Services
      Section 1-30-310. (A) Notwithstanding any other provision of
law, the following agencies, boards, and commissions, including all of
the allied, advisory, affiliated, or related entities and the employees,
funds, property, and all contractual rights and obligations associated
with these agencies, except for those subdivisions or sections of
agencies not specifically transferred to another department, are
transferred in accordance with the following:
        (1)(a) There is established within the Department of Health
and Environmental Control the Office of Behavioral Health Services.
The office is to be headed by a Deputy Commissioner for Behavioral
Health Services. The Commissioner of the Department of Health and
Environmental Control is authorized to organize the office and its
duties within the department in a manner he determines for the
purposes of streamlining and administrative efficiency. This office is
responsible for:
             (i) policy, development, planning, and other necessary
duties to provide for a comprehensive system of behavioral health
services for the citizens of the State;
             (ii) monitoring, and providing technical assistance and
training for all providers of behavioral health services in the State;
             (iii) providing for an effective and efficient system of
services for the mentally ill, emotionally disturbed children and persons
with alcohol and other drug abuse problems;
             (iv) providing for streamlined systems of services for
citizens that focuses on the clients and patient needs.
           (b) The following are transferred to the Office of Behavioral
Health Services:
             (i) the Department of Alcohol and other Drug Abuse
Services, as provided for in Chapter 49, Title 44. Nothing in this
subitem may be construed to affect the authority, duties, and

                                   4038
                     WEDNESDAY, MAY 25, 2005

responsibilities of the boards for the local commissions on alcohol and
other drug abuse services;
              (ii) the Continuum of Care for Emotionally Disturbed
Children, Office of the Governor;
              (iii) the Department of Mental Health, and the South
Carolina Mental Health Commission is abolished and its powers,
duties, and responsibilities are transferred to the Department of Health
and Environmental Control. Nothing in this subitem may be construed
to affect the authority, duties, and responsibilities of the boards for the
community mental health centers.
   SECTION __. Subarticle 11, Article 13, Chapter 7, Title 20 of the
1976 Code, is amended to read:
      “Section 20-7-2700. For the purpose of this subarticle:
      a. ‘Childcare’ means the care, supervision, or guidance of a child
or children, unaccompanied by the parent, guardian, or custodian, on a
regular basis, for periods of less than twenty-four hours per day, but
more than four hours, in a place other than the child’s or the children’s
own home or homes.
      b. ‘Childcare facilities’ means a facility which provides care,
supervision, or guidance for a minor child who is not related by blood,
marriage, or adoption to the owner or operator of the facility whether
or not the facility is operated for profit and whether or not the facility
makes a charge for services offered by it. This definition includes, but
is not limited to, day nurseries, nursery schools, childcare centers,
group childcare homes, and family childcare homes. The term does not
include:
         (1) an educational facility, whether private or public, which
operates solely for educational purposes in grade one or above;
         (2) five-year-old kindergarten programs;
         (3) kindergartens or nursery schools or other daytime
programs, with or without stated educational purposes, operating no
more than four hours a day and receiving children younger than lawful
school age;
         (4) facilities operated for more than four hours a day in
connection with a shopping center or service or other similar facility,
where the same children are cared for less than four hours a day and
not on a regular basis as defined in this subarticle while parents or
custodians of the children are occupied on the premises or are in the
immediate vicinity and immediately available;              however, these
facilities must meet local fire and sanitation requirements and maintain


                                    4039
                     WEDNESDAY, MAY 25, 2005

documentation on these requirements on file at the facility available for
public inspection;
         (5) school vacation or school holiday day camps for children
operating in distinct sessions running less than three weeks per session
unless the day camp permits children to enroll in successive sessions so
that their total attendance may exceed three weeks;
         (6) summer resident camps for children;
         (7) bible schools normally conducted during vacation periods;
         (8) facilities for the mentally retarded provided for in Chapter
21, Title 44;
         (9) facilities for the mentally ill as provided for in Chapter 17,
Title 44;
         (10) childcare centers and group childcare homes owned and
operated by a local church congregation or an established religious
denomination or a religious college or university which does not
receive state or federal financial assistance for childcare services;
however, these facilities must comply with the provisions of Sections
20-7-2900 through 20-7-2975 and that these facilities voluntarily may
elect to become licensed according to the process as set forth in
Sections 20-7-2700 through 20-7-2780 and Sections 20-7-2980 through
20-7-3090.
      c. ‘Public childcare facility’ means a facility as defined under item
b of this section which was created and exists by act of the State, or a
county, city or other political subdivision, whose operation remains
under the tutelage and control of a governmental agency.
      d. ‘Private childcare facility’ means a facility as defined under
item b. of this section which is not a public childcare facility, and
which is able to be further classified as follows:
         (1) ‘Entrepreneurial childcare facility’ means a facility whose
childcare operator may receive public assistance funds directly or
indirectly but which is managed as a profit-making business enterprise
and whose corporation or private ownership is liable for payment of
federal and state income taxes on profits earned by the facility.
         (2) ‘Nonprofit childcare facility’ means a facility whose
childcare operator may receive public assistance funds directly or
indirectly but which is operated under the tutelage and control of a
nonprofit or eleemosynary corporation, foundation, association, or
other organization whose ownership may or may not be liable for
payment of federal and state income taxes on profits earned by the
facility.


                                    4040
                     WEDNESDAY, MAY 25, 2005

      e. ‘Childcare center’ means any facility which regularly receives
thirteen or more children for childcare.
      f. ‘Group childcare home’ means a facility within a residence
occupied by the operator which regularly provides childcare for at least
seven but not more than twelve children, unattended by a parent or a
legal guardian including those children living in the home and children
received for childcare who are related to the resident caregiver.
However, an occupied residence in which childcare is provided only
for a child or children related to the resident caregiver or only for the
child or children of one unrelated family or only for a combination of
these children is not a group childcare home.
      g. ‘Family childcare home’ means a facility within a residence
occupied by the operator in which childcare is regularly provided for
no more than six children, unattended by a parent or legal guardian,
including those children living in the home and children received for
childcare who are related to the resident caregiver. However, an
occupied residence in which childcare is provided only for a child or
children related to the resident caregiver or only for the child or
children of one unrelated family or only for a combination of these
children is not a family childcare home.
      h. ‘Childcare operator’ means the person, corporation, partnership,
voluntary association, or other public or private organization ultimately
responsible for the overall operation of a childcare facility.
      i. ‘Caregiver’ means any person whose duties include direct care,
supervision, and guidance of children in a childcare facility.
      j. ‘Minor child’ means a person who has not reached the
eighteenth birthday.
      k. ‘Department’ means the State Department of Social Services
Health and Environmental Control, the agency designated to administer
the regulation of childcare facilities under this subarticle, with the
advice of the State Advisory Committee on the Regulation of Childcare
Facilities.
      l. ‘Committee’ means the State Advisory Committee on the
Regulation of Childcare Facilities, named under this subarticle to
advise the department on regulatory matters related to childcare
facilities.
      m. ‘Director’ means the administrative head of the department.
      n. ‘Regularly, or on a regular basis’: these terms refer to the
frequency with which childcare services are available and provided at a
facility in any one week; these terms mean the availability and
provision of periods of daycare on more than two days in such week.

                                   4041
                     WEDNESDAY, MAY 25, 2005

      o. ‘Related’ means any of the following relationships by
marriage, blood, or adoption: parent, grandparent, brother, sister,
stepparent, stepsister, stepbrother, uncle, aunt, cousin of the first
degree.
      p. ‘Regular license’ means a license issued by the department
for two years to an operator of a private childcare center or group
childcare home or a family childcare home which elects to be licensed
showing that the licensee is in compliance with the provisions of this
subarticle and the regulations of the department at the time of issuance
and authorizing the licensee to operate in accordance with the license,
this subarticle, and the regulations of the department.
      q. ‘Provisional license’ means a license issued by the department
to an operator of a private childcare center or group childcare home or
a family childcare home which elects to be licensed authorizing the
licensee to begin operations although the licensee temporarily is unable
to comply with all of the requirements for a license.
      r. ‘Regular approval’ means a written notice issued by the
department for a two-year period to a department, agency, or institution
of the State, or a county, city, or other political subdivision, approving
the operation of a public childcare center or group childcare home in
accordance with the provisions of the notice, this subarticle, and the
regulations of the department.
      s. ‘Provisional approval’ means a written notice issued by the
department to a department, agency, or institution of the State, or a
county, city, or other political subdivision approving the
commencement of the operations of a public childcare center or group
childcare home although the operator is temporarily unable to comply
with all of the requirements for approval.
      t. ‘Registration’ means the process whereby childcare centers and
group childcare homes owned and operated by a church or a publicly
recognized religious educational or religious charitable institution are
regulated under this subarticle and the process whereby all family
childcare homes are regulated under this subarticle.
      u. ‘Declaratory order’ means a written statement on the part of the
department approving plans for construction or renovation ensuring
against the imposition of more stringent regulations at a later date.
      v. ‘Renewal’ means in regard to childcare centers and group
childcare homes, to grant an extension of a regular license or regular
approval for another two-year period provided an investigation of such
facilities verifies that they are in compliance with the applicable
regulations, in regard to family childcare homes, to place the name of

                                   4042
                     WEDNESDAY, MAY 25, 2005

the operator on the registration list for another year provided
procedures indicated in this subarticle have been completed.
      w. ‘Revocation’ means to void the regular license of a childcare
center or group childcare home.
      x. ‘Deficiency correction notice’ means a written statement on the
part of the department notifying a childcare facility which is not
complying with any applicable regulations to correct the deficiencies
stated in the notice within a reasonable time limit.
      y. ‘Complaint’ means a written statement reporting unsatisfactory
conditions in a childcare facility.
      z. ‘Curriculum’ means and includes design of courses, teaching
philosophy, methods, and activities.
      aa. ‘Summer resident camp for children’ means a
twenty-hour-hour residential program offered during the summer that
provides recreational activities for children.
      bb. ‘Summer day camp for children’ means a program offered
during the summer that provides recreational activities primarily during
daytime hours throughout the period of the program and may include
an occasional overnight activity under the supervision of the operator.
      cc. ‘Infant’ means a child age twelve months or younger for the
purposes of this chapter.
      Section 20-7-2710. a. The intent of this subarticle is to define
the regulatory duties of government necessary to safeguard children in
care in places other than their own homes, ensuring for them minimum
levels of protection and supervision. Toward that end, it is the purpose
of this subarticle to establish statewide minimum regulations for the
care and protection of children in childcare facilities, to ensure
maintenance of these regulations and to approve administration and
enforcement to regulate conditions in such facilities. It is the policy of
the State to ensure protection of children under care in childcare
facilities, and to encourage the improvement of childcare programs.
      b. It is the further intent of this subarticle that the freedom of
religion of all citizens is inviolate. Nothing in this subarticle shall give
any governmental agency jurisdiction or authority to regulate,
supervise, or in any way be involved in any Sunday school, Sabbath
school, religious services or any nursery service or other program
conducted during religious or church services primarily for the
convenience of those attending the services.
      c. Nothing in this subarticle shall create authority for the
Department of Social Services Health and Environmental Control to
influence or regulate the curriculum of childcare facilities.

                                    4043
                     WEDNESDAY, MAY 25, 2005

      Section 20-7-2720. No person, corporation, partnership, voluntary
association, or other organization may operate a private childcare
center or group childcare home unless licensed to do so by the
department.
      Section 20-7-2725. (A) No childcare center, group childcare
home, family childcare home, or church or religious childcare center
may employ a person or engage the services of a caregiver who is
required to register under the sex offender registry act pursuant to
Section 23-3-430 or who has been convicted of:
        (1) a crime listed in Chapter 3 of Title 16, Offenses Against
the Person;
        (2) a crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency;
        (3) the crime of contributing to the delinquency of a minor,
contained in Section 16-17-490;
        (4) the felonies classified in Section 16-1-10(A), except that
this prohibition does not apply to Section 56-5-2930, the Class F felony
of driving under the influence pursuant to Section 56-5-2940(4) if the
conviction occurred at least ten years prior to the application for
employment and the following conditions are met:
           (a) the person has not been convicted in this State or any
other state of an alcohol or drug violation during the previous ten-year
period;
           (b) the person has not been convicted of and has no charges
pending in this State or any other state for a violation of driving while
his license is canceled, suspended, or revoked during the previous
ten-year period; and
           (c) the person has completed successfully an alcohol or drug
assessment and treatment program provided by the South Carolina
Department of Alcohol and Other Drug Abuse Services or an
equivalent program designated by that agency.
      A person who has been convicted of a first-offense violation of
Section 56-5-2930 must not drive a motor vehicle or provide
transportation while in the official course of his duties as an employee
of a childcare center, group childcare home, family childcare home, or
church or religious childcare center.
   If the person subsequently is convicted of, receives a sentence upon
a plea of guilty or of nolo contendere, or forfeits bail posted for a
violation of Section 56-5-2930 or for a violation of another law or
ordinance of this State or any other state or of a municipality of this
State or any other state that prohibits a person from operating a motor

                                   4044
                     WEDNESDAY, MAY 25, 2005

vehicle while under the influence of intoxicating liquor, drugs, or
narcotics, the person’s employment must be terminated;
        (5) the offenses enumerated in Section 16-1-10(D); or
        (6) a criminal offense similar in nature to the crimes listed in
this subsection committed in other jurisdictions or under federal law.
      This section does not prohibit employment or provision of
caregiver services when a conviction or plea of guilty or nolo
contendere for one of the crimes enumerated in this subsection has
been pardoned. However, notwithstanding the entry of a pardon, an
operator or the department may consider all information available,
including the person’s pardoned convictions or pleas and the
circumstances surrounding them, to determine whether the applicant is
unfit or otherwise unsuited for employment or to provide caregiver
services.
      (B) A person who has been convicted of a crime enumerated in
subsection (A) who applies for employment with, is employed by, or is
a caregiver at a childcare center, group childcare home, family
childcare home, or church or religious childcare center is guilty of a
misdemeanor and, upon conviction, must be fined not more than five
thousand dollars or imprisoned not more than one year, or both.
      (C) Application forms for employment at childcare centers, group
childcare homes, family childcare homes, or church or religious
childcare centers must include, at the top of the form in large bold type,
a statement indicating that a person who has been convicted of a crime
enumerated in subsection (A) who applies for employment with, is
employed by, or seeks to provide caregiver services or is a caregiver at
a facility is guilty of a misdemeanor and, upon conviction, must be
fined not more than five thousand dollars or imprisoned not more than
one year, or both.
      (D) To be employed by or to provide caregiver services at a
childcare facility licensed, registered, or approved under this subarticle,
a person first shall undergo a state fingerprint review to be conducted
by the State Law Enforcement Division to determine any state criminal
history and a fingerprint review to be conducted by the Federal Bureau
of Investigation to determine any other criminal history. A person may
be provisionally employed or may provisionally provide caregiver
services after the favorable completion of the State Law Enforcement
Division fingerprint review and until such time as the Federal Bureau
of Investigation review is completed if the person affirms in writing on
a form provided by the department that he or she has not been
convicted of any crime enumerated in this section. The results of the

                                    4045
                     WEDNESDAY, MAY 25, 2005

fingerprint reviews are valid and reviews are not required to be
repeated as long as the person remains employed by or continues
providing caregiver services in a childcare center, group childcare
home, family childcare home, or church or religious childcare center;
however, if a person is not employed or does not provide caregiver
services for one year or longer, the fingerprint reviews must be
repeated.
      (E) Unless otherwise required by law, this section does not apply
to volunteers in a childcare center, group childcare home, family
childcare home, or church or religious childcare center. For purposes of
this section, ‘volunteer’ means a person who:
        (1) provides services without compensation relating to the
operation of a childcare center, group childcare home, family childcare
home, or church or religious childcare center; and
        (2) is in the presence of an operator, employee, or caregiver
when providing direct care to children.
   ‘Volunteer’ includes, but is not limited to, parents, grandparents,
students, and student teachers.
      (F) Unless otherwise required by law, this section applies to:
        (1) an employee who provides care to the child or children
without the direct personal supervision of a person licensed, registered,
or approved under this subarticle; and
        (2) any other employee at a facility licensed, registered, or
approved under this subarticle who has direct access to a child outside
the immediate presence of a person who has undergone the fingerprint
review required under this subarticle.
      Section 20-7-2730. (A) Application for license must be made on
forms supplied by the department and in the manner it prescribes.
      (B) Before issuing a license the department shall conduct an
investigation of the applicant and the proposed plan of care for children
and for operating a private childcare center or group childcare home. If
the results of the investigation verify that the provisions of this
subarticle and the applicable regulations promulgated by the
department are satisfied, a license must be issued. The applicant shall
cooperate with the investigation and related inspections by providing
access to the physical plant, records, excluding financial records, and
staff. Failure to comply with the regulations promulgated by the
department within the time period specified in this subarticle, if
adequate notification of deficiencies has been made, is a ground for
denial of application. The investigation and inspections may involve
consideration of any facts, conditions, or circumstances relevant to the

                                   4046
                     WEDNESDAY, MAY 25, 2005

operation of the childcare center or group childcare home, including
references and other information about the character and quality of the
personnel.
      (C) Each license must be conditioned by stating clearly the name
and address of the licensee, the address of the childcare center or group
childcare home, and the number of children who may be served.
      (D) Failure of the department, except as provided in Section
20-7-3070, to approve or deny an application within ninety days results
in the granting of a provisional license.
      (E) No license may be issued to an operator who has been
convicted of:
        (1) a crime listed in Chapter 3 of Title 16, Offenses Against
the Person;
        (2) a crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency;
        (3) the crime of contributing to the delinquency of a minor,
contained in Section 16-17-490;
        (4) the felonies classified in Section 16-1-10(A);
        (5) the offenses enumerated in Section 16-1-10(D); or
        (6) a criminal offense similar in nature to the crimes listed in
this subsection committed in other jurisdictions or under federal law.
      This section does not prohibit licensing when a conviction or plea
of guilty or nolo contendere for one of the crimes enumerated in this
subsection has been pardoned. However, notwithstanding the entry of a
pardon, the department may consider all information available,
including the person’s pardoned convictions or pleas and the
circumstances surrounding them, to determine whether the person is
unfit or otherwise unsuited to be an operator.
      (F) Application forms for licenses issued under this section must
include, at the top of the form in large bold type, a statement indicating
that a person who has been convicted of a crime enumerated in
subsection (E) who applies for a license as an operator is guilty of a
misdemeanor and, upon conviction, must be fined not more than five
thousand dollars or imprisoned not more than one year, or both.
      (G) A person applying for a license as an operator under this
section shall undergo a state fingerprint review to be conducted by the
State Law Enforcement Division to determine any state criminal
history and a fingerprint review to be conducted by the Federal Bureau
of Investigation to determine any other criminal history. The
fingerprint reviews required by this subsection are not required upon
each renewal.

                                   4047
                     WEDNESDAY, MAY 25, 2005

      (H) A person applying for a license as an operator under this
section or seeking employment or seeking to provide caregiver services
at a facility licensed under this section shall undergo a state fingerprint
review to be conducted by the State Law Enforcement Division to
determine any state criminal history and a fingerprint review to be
conducted by the Federal Bureau of Investigation to determine any
other criminal history. The fingerprint reviews required by this
subsection are not required upon each renewal unless the renewal
coincides with employment of a new operator, employee, or caregiver.
      Section 20-7-2735. (A) A caregiver who begins employment in a
licensed or approved childcare center in South Carolina after June 30,
1994, must have at least a high school diploma or General Educational
Development (GED) and at least six months’ experience as a caregiver
in a licensed or approved childcare facility. If a caregiver does not meet
the experience requirements, the caregiver must be directly supervised
for six months by a staff person with at least one year experience as a
caregiver in a licensed or approved childcare facility. Within six
months of being employed, a caregiver must have six clock hours of
training in child growth and development and early childhood
education or shall continue to be under the direct supervision of a
caregiver who has at least one year of experience as a caregiver in a
licensed or approved childcare facility.
      (B) A caregiver who has two years’ experience as a caregiver in a
licensed or approved facility and is employed as of July 1, 1994, in a
licensed or approved childcare center in South Carolina is exempt from
the high school diploma and General Educational Development (GED)
requirements of subsection (A).
      Section 20-7-3740. (A) Regular licenses may be renewed upon
application and approval. Notification of a childcare center or group
childcare home regarding renewal is the responsibility of the
department.
      (B) Application for renewal must be made on forms supplied by
the department in the manner it prescribes.
      (C) Before renewing a license the department shall conduct an
investigation of the childcare center or group childcare home. If the
results of the investigation verify that the provisions of this subarticle
and the applicable regulations promulgated by the department are
satisfied, the license must be renewed. The licensee shall cooperate
with the investigation and related inspections by providing access to
the physical plant, records, and staff. Failure to comply with the
regulations promulgated by the department within the time period

                                    4048
                     WEDNESDAY, MAY 25, 2005

specified in this subarticle, if adequate notification of deficiencies has
been made, is a ground for revocation of the license. The investigation
and inspections may involve consideration of any facts, conditions, or
circumstances relevant to the operation of the childcare center or group
childcare home.
      (D) No license may be renewed for any operator who has been
convicted of:
        (1) a crime listed in Chapter 3 of Title 16, Offenses Against
the Person;
        (2) a crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency;
        (3) the crime of contributing to the delinquency of a minor,
contained in Section 16-17-490;
        (4) the felonies classified in Section 16-1-10(A);
        (5) the offenses enumerated in Section 16-1-10(D); or
        (6) a criminal offense similar in nature to the crimes listed in
this subsection committed in other jurisdictions or under federal law.
      This section does not prohibit renewal when a conviction or plea
of guilty or nolo contendere for one of the crimes enumerated in this
subsection has been pardoned. However, notwithstanding the entry of a
pardon, the department may consider all information available,
including the person’s pardoned convictions or pleas and the
circumstances surrounding them, to determine whether the person is
unfit or otherwise unsuited to be an operator.
      (E) Application forms for license renewals issued under this
section must include, at the top of the form in large bold type, a
statement indicating that a person who has been convicted of a crime
enumerated in subsection (D) who applies for a license renewal as
operator is guilty of a misdemeanor and, upon conviction, must be
fined not more than five thousand dollars or imprisoned not more than
one year, or both.
      (F) A licensee seeking license renewal under this section, its
employees, and its caregivers, who have not done so previously, on the
first renewal after June 30, 1995, shall undergo a state fingerprint
review to be conducted by the State Law Enforcement Division to
determine any state criminal history and a fingerprint review to be
conducted by the Federal Bureau of Investigation to determine any
other criminal history.
      (G) No facility may employ or engage the services of an
employee or caregiver who has been convicted of one of the crimes
listed in this section.

                                   4049
                     WEDNESDAY, MAY 25, 2005

      Section 20-7-2750. Whenever the department finds upon
inspection that a private childcare center or group childcare home is not
complying with any applicable licensing regulations, the department
shall notify the operator to correct these deficiencies.
      a. Every correction notice must be in writing and must include a
statement of the deficiencies found, the period within which the
deficiencies must be corrected and the provision of the subarticle and
regulations relied upon. The period must be reasonable and, except
when the department finds an emergency dangerous to the health or
safety of children, not less than thirty days from the receipt of the
notice.
      b. Within two weeks of receipt of the notice, the operator of the
facility may file a written request with the department for
administrative reconsideration of the notice or any portion of the
notice.
      c. The department shall grant or deny a written request within
seven days of filing and shall notify the operator of the grant or denial.
      d. In the event that the operator of the facility fails to correct
deficiencies within the period prescribed, the department may revoke
the license.
      Section 20-7-2760. a. An applicant who has been denied a license
by the department must be given prompt written notice by certified or
registered mail. The notice shall indicate the reasons for the proposed
action and shall inform the applicant of the right to appeal the decision
to the director in writing within thirty days after the receipt of notice of
denial. An appeal from the final decision of the director may be taken
to an administrative law judge pursuant to the Administrative
Procedures Act.
      b. A licensee whose application for renewal is denied or whose
license is about to be revoked must be given written notice by certified
or registered mail. The notice must contain the reasons for the proposed
action and shall inform the licensee of the right to appeal the decision
to the director or his designee in writing within thirty calendar days
after the receipt of the notice. An appeal from the final decision of the
director may be taken to an administrative law judge pursuant to the
Administrative Procedures Act.
      c. At the hearing provided for in this section, the applicant or
licensee may be represented by counsel and has the right to call,
examine, and cross-examine witnesses and to otherwise introduce
evidence. Parents appearing at the hearing may also be represented by
counsel. The hearing examiner is empowered to require the presence of

                                    4050
                      WEDNESDAY, MAY 25, 2005

witnesses and evidence by subpoena on behalf of the appellant or
department. The final decision of the department must be in writing,
must contain the department’s findings of fact and rulings of law, and
must be mailed to the parties to the proceedings by certified or
registered mail to their last known addresses as may be shown in the
application, or otherwise. A full and complete record must be kept of
all proceedings, and all testimony must be reported but need not be
transcribed unless the department’s decision is appealed, or a transcript
is requested by an interested party. Upon an appeal, the department
shall furnish to any appellant, free of charges, a certified copy of the
transcript of all evidentiary proceedings before it. Other parties shall
pay the cost of transcripts prepared at their request.
      d. The decision of the department is final unless appealed by a
party to an administrative law judge pursuant to the Administrative
Procedures Act.
      Section 20-7-2770. Every childcare center or group childcare
home shall maintain a register setting forth essential facts concerning
each child enrolled under the age of eighteen years.
      Section 20-7-2780. a. Each childcare center or group childcare
home shall maintain its current license displayed in a prominent place
at all times and must state its license number in all advertisements of
the childcare center or group daycare home.
      b. No license may be transferred nor shall the location of any
childcare center or group childcare home or place of performance of
service be changed without the written consent of the department. The
department shall consent to the change for a reasonable period of time
when emergency conditions require it, so long as the new location or
place of performance substantially conforms to state fire and health
requirements.
      c. Upon occurrence of death of a child on the premises of a
childcare center or group childcare home in which the child is enrolled
or while under the constructive control of the holder of the license of
the facility, it is the responsibility of the holder of the license to notify
the department within forty-eight hours and follow up with a written
report as soon as the stated cause of death is certified by the
appropriate government official.
      Section 20-7-2790. Every operator or potential operator of a public
childcare center or group childcare home must apply to the department
for an investigation and a statement of standard conformity or
approval, except those facilities designated in Section 20-7-2700.


                                     4051
                     WEDNESDAY, MAY 25, 2005

     Section 20-7-2800. (A) Application for a statement of standard
conformity or approval must be made on forms supplied by the
department and in the manner it prescribes.
     (B) Before issuing approval the department shall conduct an
investigation of the applicant and the proposed plan of care for children
and for operating a public childcare center or group childcare home. If
the results of the investigation verify that the provisions of the
subarticle and the applicable regulations promulgated by the
department are satisfied, approval must be issued. The applicant shall
cooperate with the investigation and inspections by providing access to
the physical plant, records, and staff. The investigation and related
inspections may involve consideration of any facts, conditions, or
circumstances relevant to the operation of the childcare center or group
childcare home, including references and other information about the
character and quality of the personnel. If the childcare center or group
childcare home fails to comply with the regulations promulgated by the
department within the time period specified in this subarticle, if
adequate notification regarding deficiencies has been given, the
appropriate public officials of the state and local government must be
notified.
     (C) A person applying for approval under this section shall
undergo a state fingerprint review to be conducted by the State Law
Enforcement Division to determine any state criminal history and a
fingerprint review to be conducted by the Federal Bureau of
Investigation to determine any other criminal history. The fingerprint
reviews required by this subsection are not required upon each renewal.
     (D) No approval may be granted under this section if the person
applying for approval or the operator, an employee, or a caregiver of
the facility has been convicted of:
        (1) a crime listed in Chapter 3 of Title 16, Offenses Against
the Person;
        (2) a crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency;
        (3) the crime of contributing to the delinquency of a minor,
contained in Section 16-17-490;
        (4) the felonies classified in Section 16-1-10(A);
        (5) the offenses enumerated in Section 16-1-10(D); or
        (6) a criminal offense similar in nature to the crimes in this
subsection committed in other jurisdictions or under federal law.
     This section does not prohibit approval when a conviction or plea
of guilty or nolo contendere for one of the crimes enumerated in this

                                   4052
                     WEDNESDAY, MAY 25, 2005

subsection has been pardoned. However, notwithstanding the entry of a
pardon, the department may consider all information available,
including the person’s pardoned convictions or pleas and the
circumstances surrounding them, to determine whether the person is
unfit or otherwise unsuited as an applicant or to be an operator,
caregiver, or employee.
      (E) Application forms for a statement of standard conformity or
approval issued under this section must include, at the top of the form
in large bold type, a statement indicating that a person who has been
convicted of a crime enumerated in subsection (D) who applies for
approval is guilty of a misdemeanor and, upon conviction, must be
fined not more than five thousand dollars or imprisoned not more than
one year, or both.
      (F) Application forms for a statement of standard conformity or
approval issued under this chapter by the department and application
forms for employment at individual public childcare centers or group
childcare homes must include, at the top of the form in large bold type,
a statement indicating that a person who has been convicted of one of
the crimes listed in this section who applies for a license as operator,
applies for employment with, is employed by, seeks to provide
caregiver services with, or is a caregiver at a facility is guilty of a
misdemeanor and, upon conviction, must be fined not more than five
thousand dollars or imprisoned not more than one year, or both.
      Section 20-7-2810. (A) Regular approvals may be renewed upon
application and approval. Notification of a childcare center or group
childcare home regarding renewal is the responsibility of the
department.
      (B) Application for renewal must be made on forms supplied by
the department and in the manner it prescribes.
      (C) Before renewing an approval the department shall conduct an
investigation of the childcare center or group childcare home. If the
results of the investigation verify that the provisions of this subarticle
and the applicable regulations promulgated by the department are
satisfied, the approval must be renewed. The operator shall cooperate
with the investigation and related inspections by providing access to
the physical plant, records, and staff. If the operator’s statement of
approval cannot be renewed, the appropriate public officials must be
notified.
      (D) A person applying for approval renewal under this section, a
person who will operate the facility, and its employees and caregivers,
who have not done so previously, on the first approval renewal after

                                   4053
                     WEDNESDAY, MAY 25, 2005

June 30, 1995, shall undergo a state fingerprint review to be conducted
by the State Law Enforcement Division to determine any state criminal
history and a fingerprint review to be conducted by the Federal Bureau
of Investigation to determine any other criminal history.
      No approval may be renewed under this section if the person
applying for renewal, the operator of the facility, or an employee or a
caregiver has been convicted of:
        (1) a crime listed in Chapter 3 of Title 16, Offenses Against
the Person;
        (2) a crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency;
        (3) the crime of contributing to the delinquency of a minor,
contained in Section 16-17-490;
        (4) the felonies classified in Section 16-1-10(A);
        (5) the offenses enumerated in Section 16-1-10(D); or
        (6) a criminal offense similar in nature to the crimes listed in
this subsection committed in other jurisdictions or under federal law.
      This section does not prohibit renewal when a conviction or plea
of guilty or nolo contendere for one of the crimes enumerated in this
subsection has been pardoned. However, notwithstanding the entry of a
pardon, the department may consider all information available,
including the person’s pardoned convictions or pleas and the
circumstances surrounding them, to determine whether the person is
unfit or otherwise unsuited as an applicant or to be an operator,
caregiver, or employee.
      (E) Application forms for renewal of a statement of standard
conformity or approval issued under this section must include, at the
top of the form in large bold type, a statement indicating that a person
who has been convicted of a crime enumerated in subsection (D) who
applies for approval renewal is guilty of a misdemeanor and, upon
conviction, must be fined not more than five thousand dollars or
imprisoned not more than one year, or both.
      (F) No facility may employ or engage the services of an
employee or a caregiver who has been convicted of one of the crimes
listed in this section.
      (G) Application forms for renewal of a statement of standard
conformity or approval issued under this chapter by the department for
individual public childcare centers or group childcare homes must
include, at the top of the form in large bold type, a statement indicating
that a person who has been convicted of one of the crimes listed in this
section who applies for a license as operator, applies for employment

                                   4054
                     WEDNESDAY, MAY 25, 2005

with, is employed by, seeks to provide caregiver services with, or is a
caregiver at a facility is guilty of a misdemeanor and, upon conviction,
must be fined not more than five thousand dollars or imprisoned not
more than one year, or both.
     Section 20-7-2820. Whenever the department finds upon
inspection that a public childcare center or group childcare home is not
complying with any applicable regulations, the department may notify
the operator to correct the deficiencies.
     a. Every correction notice must be in writing and shall include a
statement of the deficiencies found, the period within which the
deficiencies must be corrected and the provision of the subarticle and
regulations relied upon. The period must be reasonable and, except
when the department finds an emergency dangerous to the health or
safety of children, not less than thirty days from the receipt of the
notice.
     b. Within two weeks of receipt of the notice, the operator of the
public childcare center or group childcare home may file a written
request with the department for administrative reconsideration of the
notice or any portion of the notice.
     c. The department shall grant or deny a written request within
seven days of filing and shall notify the operator of the childcare center
or group childcare home of the grant or denial.
     d. In the event that the operator fails to correct any deficiency
within the period prescribed for correction, the department shall notify
the appropriate public officials.
     Section 20-7-2830. a. An applicant or operator who has been
denied approval or renewal of approval by the department must be
given prompt written notice of the denial, which shall include a
statement of the reasons for the denial. The notice must also inform the
applicant or operator that it may, within thirty days after the receipt of
the notice of denial, appeal the denial by making a written request to
the director or his designee for an opportunity to show cause why its
application should not be denied.
     b. Upon receiving a written petition, the director or his designee
shall give the applicant or operator reasonable notice and an
opportunity for a prompt, informal meeting with the director or his
designee with respect to the action by the department, and an
opportunity to submit written material. On the basis of the available
evidence, including information obtained at the informal meeting and
from the written material, the director or his designee shall decide
whether the application must be granted for approval, provisional

                                   4055
                    WEDNESDAY, MAY 25, 2005

approval, or denied. The decision of the director or his designee must
be in writing, must contain findings of fact and must be mailed to the
parties to the proceedings by certified or registered mail. Notification
of the decision must be sent to the Governor and appropriate officials
of the state or local government.
     Section 20-7-2840. (A) As used in this subarticle, ‘family
childcare home’ means a facility within a residence occupied by the
operator in which childcare regularly is provided for no more than six
children, unattended by a parent or legal guardian, including those
children living in the home and the children received for childcare who
are related to the resident caregiver. However, an occupied residence in
which childcare is provided only for a child or children related to the
resident caregiver or only for the child or children of one unrelated
family, or only for a combination of these children, is not a family
childcare home.
     (B) An operator of a family childcare home shall register with the
department within six months of June 13, 1977.
     (C) A family childcare home which elects to participate in a
federal program which requires licensing as a prerequisite to
participation may elect to be licensed under the procedures in Section
20-7-2850. A family childcare home electing licensing shall
demonstrate compliance with the suggested standards developed by the
department under Section 20-7-2980 and shall comply with provisions
of Sections 20-7-2730 and 20-7-2740 relating to criminal history
conviction records checks upon original licensing and upon renewal.
Operators and caregivers of licensed family childcare homes are held to
the standards in Sections 20-7-2730 and 20-7-2740 regarding criminal
convictions.
     Section 20-7-2850. (A) Registration must be completed on forms
supplied by the department and in the manner it prescribes.
     (B) Before becoming a registered operator the applicant shall:
        (1) sign a statement that he has read the suggested standards
developed by the department under Section 20-7-2980;
        (2) furnish the department with a signed statement by each
consumer parent verifying that the operator has provided each
consumer parent with a copy of the suggested standards for family
childcare homes and the procedures for filing complaints;
        (3) upon request, provide the department with any facts,
conditions, or circumstances relevant to the operation of the family
childcare home, including references and other information regarding
the character of the family childcare home operator.

                                  4056
                     WEDNESDAY, MAY 25, 2005

      (C) A person applying to become a registered operator of a
family childcare home under this section and a person fifteen years of
age or older living in the family childcare home shall undergo a state
fingerprint review to be conducted by the State Law Enforcement
Division to determine any state criminal history and a fingerprint
review to be conducted by the Federal Bureau of Investigation to
determine any other criminal history. The fingerprint reviews required
by this subsection are not required upon each renewal.
      (D) No applicant may be registered as an operator if the person,
an employee, a caregiver, or a person fifteen years of age or older
living in the family childcare home has been convicted of:
        (1) a crime listed in Chapter 3 of Title 16, Offenses Against
the Person;
        (2) a crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency;
        (3) the crime of contributing to the delinquency of a minor,
contained in Section 16-17-490;
        (4) the felonies classified in Section 16-1-10(A);
        (5) the offenses enumerated in Section 16-1-10(D); or
        (6) a criminal offense similar in nature to the crimes listed in
this subsection committed in other jurisdictions or under federal law.
      This section does not operate to prohibit registration or renewal
when a conviction or plea of guilty or nolo contendere for one of the
crimes enumerated in this subsection has been pardoned. However,
notwithstanding the entry of a pardon, the department may consider all
information available, including the person’s pardoned convictions or
pleas and the circumstances surrounding them, to determine whether
the person is unfit or otherwise unsuited to be an operator, caregiver,
employee, or to be living in the family daycare home.
      (E) Application forms for registration issued under this section
must include, at the top of the form in large bold type, a statement
indicating that a person who has been convicted of a crime enumerated
in subsection (D) who applies for registration as operator or a person
who applies for registration as an operator who has a person fifteen
years of age or older living in the family childcare home who has been
convicted of a crime enumerated in subsection (D) is guilty of a
misdemeanor and, upon conviction, must be fined not more than five
thousand dollars or imprisoned not more than one year, or both.
      (F) Application forms for registration issued under this chapter
by the department and application forms for employment at a family
childcare home must include, at the top of the form in large bold type, a

                                   4057
                    WEDNESDAY, MAY 25, 2005

statement indicating that a person who has been convicted of one of the
crimes listed in this section who applies for a license as operator,
applies for employment with, is employed by, seeks to provide
caregiver services with, or is a caregiver at a facility is guilty of a
misdemeanor and, upon conviction, must be fined not more than five
thousand dollars or imprisoned not more than one year, or both.
      Section 20-7-2860. (A) A statement of registration must be issued
when the family childcare operator satisfactorily completes the
procedures prescribed by this subarticle. The current statement must be
displayed in a prominent place in the facility at all times and the
registration number must be stated in all advertisements of the family
childcare home.
      (B) Registration expires at the end of one year from the date of
issuance of the statement of registration. Registration may be renewed
according to the procedures developed by the department.
      (C) A person applying for renewal of registration as an operator
of a family childcare home registered under this chapter and a person
employed or providing caregiver services at a family childcare home
registered under this chapter, who has not done so previously, on the
first renewal after June 30, 1996, shall undergo a state fingerprint
review to be conducted by the State Law Enforcement Division to
determine any state criminal history and a fingerprint review to be
conducted by the Federal Bureau of Investigation to determine any
other criminal history.
   Application forms for registration renewal issued under this section
must include, at the top of the form in large bold type, a statement
indicating that a person who has been convicted of a crime enumerated
in Section 20-7-2850(D) who applies for registration as an operator or
a person who applies for registration as an operator who has a person
fifteen years of age or older living in the home who has been convicted
of a crime enumerated in Section 20-7-2850(D) is guilty of a
misdemeanor and, upon conviction, must be fined not more than five
thousand dollars or imprisoned not more than one year, or both.
      (D) Application forms for registration renewal issued under this
chapter by the department for a family childcare home must include, at
the top of the form in large bold type, a statement indicating that a
person who has been convicted of one of the crimes listed in this
section who applies for a license as operator, applies for employment
with, is employed by, seeks to provide caregiver services with, or is a
caregiver at a facility is guilty of a misdemeanor and, upon conviction,


                                  4058
                     WEDNESDAY, MAY 25, 2005

must be fined not more than five thousand dollars or imprisoned not
more than one year, or both.
      (E) The department may withdraw the statement of registration if
one or more of the following apply:
         (1) The health and safety of the children require withdrawal.
         (2) The facility has enrolled children beyond the limits defined
in this subarticle.
         (3) The operator fails to comply with the registration
procedures provided in this subarticle.
      Section 20-7-2870. The department shall visit the facility when
concerns are expressed by the community regarding the health and
safety of the children, child abuse, or enrollment beyond the limits set
forth in this subarticle.
      a. If the concern is in regard to the health and safety of the
children, the department may call on other appropriate agencies (i.e.,
State Department of Health and Environmental Control, Office of the
State Fire Marshal) as necessary to conduct an inspection.
      b. If the concern indicates that the child has been abused, the
department shall carry out its responsibility as authorized under Article
7 of this chapter.
      c. If the visits and inspections verify conditions detrimental to the
health and safety of the children or overenrollment, the department
shall carry out its responsibility as authorized by Section 20-7-2860(C)
and Section 20-7-3010.
      Section 20-7-2880. (a) A registrant whose statement of
registration has been withdrawn by the department must be given
written notice by certified or registered mail. The notice must contain
the reasons for the proposed action and must inform the registrant of
the right to appeal the decision to the director or his designee in writing
within thirty calendar days after the receipt of the notice. Upon
receiving a written appeal the director or his designee shall give the
registrant reasonable notice and an opportunity for a prompt hearing
before the director or his designee. On the basis of the evidence
adduced at the hearing, the director or his designee shall make the final
decision of the department as to whether the statement of registration
must be withdrawn. If no written appeal is made, the statement of
registration must be withdrawn as of the termination of the thirty-day
period.
      (b) At the hearing provided for in this section, the registrant may
be represented by counsel, and has the right to call, examine, and
cross-examine witnesses, and to otherwise introduce evidence. Parents

                                    4059
                     WEDNESDAY, MAY 25, 2005

appearing at the hearing may also be represented by counsel. The
director is empowered to require the presence of witnesses and
evidence by subpoena on behalf of the appellant or department. The
final decision of the department must be in writing, must contain the
department’s findings of fact and rulings of law and must be mailed to
the parties to the proceedings by certified or registered mail. A full and
complete record must be kept of all proceedings, and all testimony
must be reported and need not be transcribed unless the decision is
appealed, or a transcript is requested by an interested party. Upon an
appeal, the department shall furnish to any appellate, free of charge, a
certified copy of the transcript of all evidentiary proceedings before it.
Other parties shall pay the cost of transcripts.
      (c) The decision of the department is final unless appealed by a
party pursuant to the Administrative Procedures Act.
      Section 20-7-2890. The department shall offer consultation
through employed staff or other qualified persons to assist a potential
applicant, an applicant or registered operator in meeting and
maintaining the suggested standards for family childcare homes.
      Section 20-7-2900. (A) No church congregation or established
religious denomination or religious college or university which does
not receive state or federal financial assistance for childcare services
may operate a childcare center or group childcare home unless it
complies with the requirements for registration and inspection and the
regulations for health and fire safety as set forth in Sections 20-7-2910
through 20-7-2975 and requirements applicable to private and public
childcare centers and group childcare homes for floor space, child-staff
ratios, and staff training. Application for registration must be made on
forms supplied by the department and in the manner it prescribes.
Registration expires two years from the date of issuance of the
statement of registration. Registration may be renewed according to the
procedures developed by the department.
      (B) Before issuing a registration, the department shall conduct an
investigation of the applicant. This investigation is limited to:
         (1) the results of the criminal history review required by
subsection (G);
         (2) the requirements for registration and inspection and the
regulations for health and fire safety provided for in Sections
20-7-2910 through 20-7-2975; and
         (3) requirements applicable to private and public childcare
centers and group childcare homes for floor space, child-staff ratios,
and staff training.

                                   4060
                     WEDNESDAY, MAY 25, 2005

      (C) No license or registration may be issued to a church
congregation, established religious denomination, or religious college
or university if a person who provides service as an operator, caregiver,
or employee at the childcare facility has been convicted of:
        (1) a crime listed in Chapter 3 of Title 16, Offenses Against
the Person;
        (2) a crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency;
        (3) the crime of contributing to the delinquency of a minor,
contained in Section 16-17-490;
        (4) the felonies classified in Section 16-1-10(A);
        (5) the offenses enumerated in Section 16-1-10(D); or
        (6) a criminal offense similar in nature to the crimes listed in
this subsection committed in other jurisdictions or under federal law.
      This section does not prohibit licensing, registration, or the
renewal of a license or registration when a conviction or plea of guilty
or nolo contendere for one of the crimes enumerated in this subsection
has been pardoned. However, notwithstanding the entry of a pardon,
the department may consider all information available, including the
person’s pardoned convictions or pleas and the circumstances
surrounding them, to determine whether the person is unfit or
otherwise unsuited to be an operator, caregiver, or employee.
      (D) Application forms for licensure or registration issued under
this subarticle must include, at the top of the form in large bold type, a
statement indicating that a person who has been convicted of a crime
enumerated in this section who applies for a license or registration as
operator is guilty of a misdemeanor and, upon conviction, must be
fined not more than five thousand dollars or imprisoned not more than
one year, or both.
      (E) A person applying for a license or registration as an operator
of a church or religious childcare center shall undergo a state
fingerprint review to be conducted by the State Law Enforcement
Division to determine any state criminal history and a fingerprint
review to be conducted by the Federal Bureau of Investigation to
determine any other criminal history. The fingerprint reviews required
by this subsection are not required upon each renewal.
      (F) Application forms for licensure or registration issued under
this chapter by the department and application forms for employment at
a facility operated by a church congregation, established religious
denomination, or religious college or university must include, at the top
of the form in large bold type, a statement indicating that a person who

                                   4061
                    WEDNESDAY, MAY 25, 2005

has been convicted of one of the crimes listed in this section who
applies for a license as operator, applies for employment with, is
employed by, seeks to provide caregiver services with, or is a caregiver
at a facility is guilty of a misdemeanor and, upon conviction, must be
fined not more than five thousand dollars or imprisoned not more than
one year, or both.
     (G) A person applying for a license or registration as an operator
of a church or religious childcare center or seeking employment or
seeking to provide caregiver services at a church or religious childcare
center shall undergo a state fingerprint review to be conducted by the
State Law Enforcement Division to determine any state criminal
history and a fingerprint review to be conducted by the Federal Bureau
of Investigation to determine any other criminal history. The
fingerprint reviews required by this subsection are not required upon
each renewal unless the renewal coincides with employment of a new
operator, employee, or caregiver.
     (H) A person applying for renewal of a license or registration as
an operator of a church or religious childcare center licensed or
registered under this chapter and a person employed or registered under
this chapter, who has not done so previously, on the first renewal after
June 30, 1996, shall undergo a state fingerprint review to be conducted
by the State Law Enforcement Division to determine any state criminal
history and a fingerprint review to be conducted by the Federal Bureau
of Investigation to determine any other criminal history.
     Section 20-7-2902. Notwithstanding        the     staff    training
requirements of Section 20-7-2900(A) and (B)(3), the department may
not prescribe the curriculum for staff training, other than curriculum
addressing administration, child growth and development, and health
and safety, for a church congregation, established religious
denomination, or religious college or university, childcare center or
group childcare home. Additionally, the department may not prescribe
the content of curriculum activities for children provided by these
childcare centers or group childcare homes.
     Section 20-7-2905. For conducting a state criminal history review
as required by this subarticle, the State Law Enforcement Division may
not impose a fee greater than the fee imposed by the Federal Bureau of
Investigation for conducting such a review.
     Section 20-7-2910. The childcare operator shall submit a formal
request for inspection of the childcare facility to the department. The
department shall request the appropriate state health and fire safety
agencies to conduct an inspection of the facility before renewal of the

                                  4062
                     WEDNESDAY, MAY 25, 2005

registration and more often if necessary to ensure compliance with
health and fire safety regulations. The department shall register the
childcare facility upon notification from health and fire safety agencies
that the childcare facility is in compliance with these regulations and
the requirements of Section 20-7-2900.
   The applicable regulations must be the same health and fire safety
regulations applied to other facilities regulated under this subarticle.
      Section 20-7-2915. A statement of registration must be issued
when the church or religious childcare operator or group childcare
home operator satisfactorily completes the procedures prescribed by
this subarticle. An application for a statement of registration must
include the name and address of the director, the address of the facility,
and the number of children who may be served. Failure of the
department to approve or deny an application within ninety days results
in the granting of a provisional registration. The current statement of
registration must be displayed in a prominent place in the facility at all
times, and the registration number must be stated in all advertisements
of the church or religious childcare center or group childcare home.
      Section 20-7-2920. The department may seek an injunction against
the continuing operation of a childcare center or group childcare home
in the family court having jurisdiction over the county in which the
facility is located when the facility is considered to be out of
compliance with the provisions of Sections 20-7-2900 and 20-7-2910.
      Section 20-7-2930. Whenever the health or fire safety agency
finds upon inspection that a childcare center or group childcare home is
not complying with the applicable regulations, the appropriate agency
shall notify the department. The department shall then request the
operator to correct such deficiencies.
      a. Every correction notice must be in writing and must include a
statement of the deficiencies found, the period within which the
deficiencies must be corrected and the provision of the subarticle and
regulations relied upon. The period must be reasonable and, except
when the appropriate agency finds an emergency dangerous to the
health or safety of children, not less than thirty days from the receipt of
the notices.
      b. Within two weeks of receipt of the notice, the operator of the
facility may file a written request with the department for
administrative reconsideration of the notice or any portion of the
notice.
      c. The department shall grant or deny a written request and shall
notify the operator of action taken.

                                    4063
                     WEDNESDAY, MAY 25, 2005

      d. In the event that the operator of the facility fails to correct
deficiencies within the period prescribed, the department may suspend
the registration of the facility to be effective thirty days after date of
notice. An appeal may be taken pursuant to the Administrative
Procedures Act.
      Section 20-7-2940. a. When the registration of a facility has been
suspended, the operator must be given prompt written notice. The
notice must indicate the reasons for the suspension and inform the
operator of the right to appeal the decision through administrative
channels to the department and according to established appeals
procedure for the department.
      b. Upon appeal, the decision of the department is final unless
appealed by a party pursuant to the Administrative Procedures Act.
      Section 20-7-2970. An operator violating the provisions of
Sections 20-7-2910 through 20-7-2970 is guilty of a misdemeanor and,
upon conviction, must be punished by a fine not exceeding one
thousand five hundred dollars or imprisonment not exceeding six
months, or both.
      Section 20-7-2975. During the hours of operation all childcare
facilities, except registered family childcare homes, must have on the
premises at least one caregiver with a current certificate for the
provision of basic first aid and child-infant cardiopulmonary
resuscitation.
      Section 20-7-2980. a. The department shall with the advice and
consent of the Advisory Committee develop and promulgate
regulations depending upon the nature of services to be provided for
the operation and maintenance of childcare centers and group childcare
homes. The department with the advice of the Advisory Committee
shall develop suggested standards which shall serve as guidelines for
the operators of family childcare homes and the parents of children
who use the service. In developing these regulations and suggested
standards, the department shall consult with:
         (1) Other state agencies, including the State Department of
Health and Environmental Control, the Office of the State Fire
Marshal, and the Office of the Attorney General.
         (2) Parents, guardians, or custodians of children using the
service.
         (3) Child advocacy groups.
         (4) The State Advisory Committee on the Regulation of
Childcare Facilities established by this subarticle.
         (5) Operators of childcare facilities from all sectors.

                                   4064
                     WEDNESDAY, MAY 25, 2005

         (6) Professionals in fields relevant to childcare and
development.
         (7) Employers of parents, guardians, or custodians of children
using the service.
   Draft formulations must be widely circulated for criticism and
comment.
      b. The regulations for operating and maintaining childcare centers
and group childcare homes and the suggested standards for family
childcare homes must be designed to promote the health, safety, and
welfare of the children who are to be served by assuring safe and
adequate physical surroundings and healthful food; by assuring
supervision and care of the children by capable, qualified personnel of
sufficient number. The regulations with respect to licensing and
approval, and the suggested standards with respect to registration of
family childcare homes must be designed to promote the proper and
efficient processing of matters within the cognizance of the department
and to assure applicants, licensees, approved operators, and registrants
fair and expeditious treatment under the law.
      c. The department shall conduct a comprehensive review of its
licensing and approval regulations and family childcare home
suggested standards at least once each three years.
      d. No regulations for childcare facilities may exceed policies or
minimum standards set for public childcare facilities regulated under
this subarticle.
      e. The department shall submit final drafts of its regulations to the
Legislative Council as proposed regulations, and the Administrative
Procedures Act Sections 1-23-10 et seq., governs their promulgation.
      f. The department shall establish a procedure for its
representatives to follow in receiving and recording complaints.
Standard forms may be produced and made available to parents and
users of facilities upon request to the department. A copy of any
complaint must be made available to the involved operator
immediately upon his request.
      Section 20-7-2990. a. In exercising the powers of licensing,
approving, renewing, revoking, or making provisional licenses and
approvals, the department shall investigate and inspect licensees and
approved operators and applicants for a license or an approval. The
authorized representative of the department may visit a childcare center
or group childcare home anytime during the hours of operation for
purposes of investigations and inspections. In conducting investigations
and inspections, the department may call on political subdivisions and

                                    4065
                     WEDNESDAY, MAY 25, 2005

governmental agencies for appropriate assistance within their
authorized fields. The inspection of the health and fire safety of
childcare centers and group childcare homes must be completed upon
the request of the department by the appropriate agencies (i.e.,
Department of Health and Environmental Control, the Office of the
State Fire Marshal, or local authorities). Inspection reports completed
by state agencies and local authorities must be furnished to the
department and become a part of its determination of conformity for
licensing and approval. After careful consideration of the reports and
consultation where necessary, the department shall assume
responsibility for the final determination of licensing, approving,
renewing, revoking, or making provisional licenses and approvals.
     b. Before issuing a license or approval the department shall
conduct an investigation of the applicant and the proposed plan of care
for children and for operating a childcare center or a group childcare
home. If the results of the investigation satisfy the department that the
provisions of this subarticle and the applicable regulations promulgated
by the department are satisfied, a license or approval must be issued.
     Section 20-7-3000. The department shall offer consultation
through employed staff or other qualified person to assist applicants
and operators in meeting and maintaining regulations.
     Section 20-7-3005. At the time of initial licensing, approval, or
registration a childcare facility must provide proof of conformity or
authorized nonconformity with county or municipal zoning ordinances
or resolutions. The department may impose conditions on the license,
approval, or registration consistent with restrictions imposed by zoning
authorities.
     Section 20-7-3010. The department is empowered to seek an
injunction against the continuing operation of a childcare facility in the
family court having jurisdiction over the county in which the facility is
located:
     (1) when a facility is operating without a license or statement of
registration;
     (2) when there is any violation of this subarticle or of the
regulations promulgated by the department which threatens serious
harm to children in the childcare facility;
     (3) when an operator has repeatedly violated this subarticle or the
regulations of the department.
     Section 20-7-3020. a. The department has power to issue a
provisional registration, provisional license, or provisional approval
only when the department is satisfied that (1) the regulations can and

                                   4066
                     WEDNESDAY, MAY 25, 2005

will be met within a reasonable time, and (2) the deviations do not
seriously threaten the health or safety of the children. A provisional
registration, provisional license, or provisional approval, may be
extended for a period as may be determined by the department.
     b. Except as noted in subsection c. of this section, no provisional
license or provisional approval may be issued effective for any longer
than one year.
     c. Any facility granted a license or exempt from obtaining a
license under the act previously in effect in this State and which does
not qualify for a regular license under this subarticle must be granted a
provisional license in accord with subsection a. of this section. The
provisional license may be issued without regard to the time limit of
subsection b. of this section. No provisional license issued under
subsection c. is effective, either by its initial issue or by renewal, for a
period greater than three years.
     Section 20-7-3030. Upon request of an applicant or operator, the
department shall offer consultation to address any aspect of compliance
with this subarticle or the regulations promulgated under this
subarticle. Consultation includes, but is not limited to, review and
comment on drawings and specifications related to construction and
renovations proposed by a facility.
     Section 20-7-3040. a. A State Advisory Committee on the
Regulation of Childcare Facilities is established. It consists of
seventeen members appointed by the Governor, in accordance with the
following:
        (1) Five of the members appointed must be parents of children
who are receiving childcare services at the time of appointment, with
no less than three representing the entrepreneurial facilities.
        (2) Eight of the members appointed must be representative of
owners and operators of childcare facilities, one of which must be an
operator of a childcare home. No less than five other appointees must
be operators of facilities subject to regulation who are actively engaged
in the operation for profit.
        (3) One member appointed shall represent the educational
community of the State.
     Nominees for membership on the advisory committee pursuant to
items (1), (2), and (3) must be made from lists furnished the Governor
by South Carolina organizations representing the various types of
childcare facilities defined in this subarticle.
        (4) One member appointed shall represent the business
community of the State. Nominees for membership pursuant to this

                                    4067
                     WEDNESDAY, MAY 25, 2005

item must be made from lists furnished the Governor by the South
Carolina Chamber of Commerce.
         (5) Two members appointed shall represent church-operated
childcare centers, one of whom must be an operator of a church
childcare center and one of whom must be a parent of a child who is
receiving childcare services in a church-operated childcare center at the
time of appointment.
      b. Members shall serve for terms of three years and until their
successors are appointed and qualify, except that of those initially
appointed five shall serve for one year, five for two years, and five for
three years. Vacancies must be filled in the manner of the original
appointment for the unexpired portion of the term only. Reappointment
to serve a full term may ensue at the discretion of the Governor,
however, no member may be permitted to succeed himself after serving
a full term.
      c. The chairman of the committee must be designated by the
Governor from among the appointees selected pursuant to the
provisions of items (1) and (2) of subsection a. of this section.
      Section 20-7-3050. The State Advisory Committee on the
Regulation of Childcare Facilities shall:
      a. Review changes in the regulations and suggested standards
proposed by the director or his designee and make recommendations on
these changes to the director or his designee. The committee shall
evaluate the regulations and suggested standards at the three-year
review period (subsection c. of Section 20-7-2980) and recommend
necessary changes. No regulation may be promulgated if the standard
has been disapproved by a simple majority of the committee.
      b. Advise the department regarding the improvement of the
regulation of childcare facilities.
      c. Advise the department on matters of regulatory policy,
planning, and priorities.
      d. As it considers necessary, hold a public hearing at least thirty
days before adoption of the regulations.
      e. Plan with the department for the procedures to be used in
notifying licensees, approved operators, and registrants regarding
regulatory changes sixty days before intended promulgation.
      f. Maintain through the department the essential liaison with other
departments and agencies of state and local government so as to
preclude imposition of duplicate requirements upon operators subject
to regulations under this subarticle.


                                   4068
                     WEDNESDAY, MAY 25, 2005

     g. Act to move the adoption of its recommendations and other
pertinent disposition of matters before it by decision of a simple
majority of those members present and voting, provided there is a
quorum of eight members.
     Section 20-7-3055. The provisions of Sections 20-7-2980 and
20-7-3050(a) concerning the review authority and the promulgation of
regulations and standards upon the advice and consent of the State
Advisory Committee on the Regulation of Childcare Facilities are
waived. However, nothing in this section affects the regulation of
childcare facilities which choose not to receive federal funding.
     Section 20-7-3060. The department shall provide reasonable
secretarial and administrative support to the advisory committee.
     Section 20-7-3070. In order to provide for the gradual
implementation of the licensing, approval, and registration programs,
each childcare facility not licensed under the act previously in effect in
this State must apply to the department for licensing, approval, or
statement of registration within six months of June 13, 1977. The
department shall have one year from June 13, 1977 to take action to
issue or deny license or approval of childcare centers and group
childcare homes or issue a statement of registration to family childcare
homes.
     Section 20-7-3080. The Department of Social Services Health and
Environmental Control in conjunction with existing training
regulations shall make available to childcare owners and operators staff
training on domestic violence including, but not limited to:
     (1) the nature, extent, and causes of domestic and family
violence;
     (2) issues of domestic and family violence concerning children;
     (3) prevention of the use of violence by children;
     (4) sensitivity to gender bias and cultural, racial, and sexual
issues;
     (5) the lethality of domestic and family violence;
     (6) legal issues relating to domestic violence and child custody.
     Section 20-7-3090. A person violating the provisions of this
subarticle is guilty of a misdemeanor and, upon conviction, must be
punished by a fine not exceeding one thousand five hundred dollars or
imprisonment not exceeding six months, or both.
     Section 20-7-3092. The fingerprint reviews required by this
subarticle are not required of a certified education personnel who has
undergone a fingerprint review pursuant to Section 59-26-40 or of a
person licensed as a foster parent who has undergone a state and

                                   4069
                    WEDNESDAY, MAY 25, 2005

federal fingerprint review pursuant to Section 20-7-1640, and the
results of these reviews have been submitted to the department and the
person has remained employed since the review in certified education
or licensed as a foster parent or the reviews have been conducted
within the preceding year.
     Section 20-7-3095. It is a separate criminal offense, and a felony,
for a person to unlawfully commit any of the offenses listed in Chapter
3 of Title 16, Offenses Against the Person, a crime listed in Chapter 15
of Title 16, Offenses Against Morality and Decency, or the crime of
contributing to the delinquency of a minor contained in Section
16-17-490 while within a radius of one hundred yards of the grounds of
a public or private childcare facility. A person who commits this
offense must, upon conviction, be punished by a fine not to exceed ten
thousand dollars or imprisonment not to exceed ten years or both, in
addition to any other penalty imposed by law and not in lieu of any
other penalty.
     Section 20-7-3097. (A) Before the Department of Social Services
Health and Environmental Control employs a person in its childcare
licensing or child protective services divisions, the person shall
undergo a state fingerprint review to be conducted by the State Law
Enforcement Division to determine any state criminal history and a
fingerprint review to be conducted by the Federal Bureau of
Investigation to determine any other criminal history. No person may
be employed in these divisions if the person has been convicted of or
pled guilty or nolo contendere to any crime listed in Section
20-7-2725(A).
     This section does not prohibit employment when a conviction or
plea of guilty or nolo contendere for one of the crimes listed has been
pardoned. However, notwithstanding the entry of a pardon, the
department may consider all information available, including the
person’s pardoned convictions or pleas and the circumstances
surrounding them, to determine whether the applicant is unfit or
otherwise unsuited for employment.
     (B) Notwithstanding subsection (A) or any other provision of
law, a person may be provisionally employed in the childcare licensing
or child protective services divisions upon receipt and review of the
results of the State Law Enforcement Division fingerprint review if the
results show no convictions of the crimes referenced in subsection (A).
Pending receipt of the results of the Federal Bureau of Investigation
fingerprint review, the department must obtain from the prospective
employee a written affirmation on a form provided by the department

                                  4070
                     WEDNESDAY, MAY 25, 2005

that the employee has not been convicted of any crime referenced in
subsection (A).
     (C) A person who has been convicted of a crime referenced in
subsection (A) who applies for employment with the childcare
licensing or child protective services divisions is guilty of a
misdemeanor and, upon conviction, must be fined not more than five
thousand dollars or imprisoned not more than one year, or both.
     Section 20-7-3098. At any time the department cites a childcare
center, group childcare home, or family childcare home for a violation
of this chapter or regulations promulgated pursuant to this chapter, the
department shall provide the owner and operator of the center with a
brochure stating, in language easily understood, the rights and
procedures available to the owner or operator for a hearing in
accordance with the department’s fair hearing regulations and the
rights and procedures available to appeal a decision rendered under the
department’s fair hearing process.”
   SECTION __. Chapter 30, Title 1 of the 1976 Code is amended by
adding:
     “Section 1-30-350. (A) It is the intent of the General Assembly in
reorganizing and consolidating state agencies to streamline government
and achieve administrative cost savings by combining administrative
functions. In organizing a department, the director shall must place
high priority on:
          (a) managerial leadership;
          (b) clear lines of authority;
          (c) customer service;
          (d) performance standards; and
          (e) staff training.
     (B) It is also the intent of the General Assembly in reorganizing
state agencies that:
        (1) minimal disruption of services to the public occurs;
        (2) duplication of operations be eliminated;
        (3) similar services and programs be consolidated;
        (4) cost efficiency will be achieved;
        (5) program application and eligibility determination processes
will be simplified and integrated to the fullest extent possible;
        (6) funds are put to maximum use for direct service delivery.”
   SECTION __. (A) The Executive Director of the State Budget
and Control Board shall:
        (1) assist in the implementation of this part and with the
transfer and reorganization of the entities affected by this part and their

                                    4071
                    WEDNESDAY, MAY 25, 2005

personnel, funds, property and all other matters of transfer, including
the impact of this reorganization on all general funds, federal funds,
and other sources of funds of the entities affected by the
reorganization;
        (2) provide for the orderly transfer of appropriated funds for
the entities affected by this reorganization consistent with the
provisions of this part.
     (B) The Commissioner of the Department of Health and
Environmental Control may:
        (1) locate all or a portion of the agency’s employees and
programs in the same building as another office or at a location near or
adjacent to the location of another health and human services office;
and,
        (2) consolidate agency support services, including clerical and
administrative support services and information resources support
services, with support services provided to or by another health and
human services office.”
   SECTION __. Chapter 25, Title 43 of the 1976 Code is amended
to read:
                              “CHAPTER 25
             Commission Division of Services For the Blind
     Section 43-25-10. (A) There is hereby created the South
Carolina Commission Division of Services for the Blind within the
South Carolina State Agency of Vocational Rehabilitation. The
Commission shall consist of seven members, one from each of the six
Congressional Districts and one from the State at large, of whom three
shall have a visual acuity not to exceed 20/200 . The Governor shall,
with the advice and consent of the Senate, appoint the members of the
Commission for terms of four years and until their successors are
appointed and qualify. All vacancies shall be filled in the manner of
the original appointment for the unexpired portion of the term only.
The members of the Commission shall elect one of its members as
chairman for a term of two years or until his successor has been
elected. The chairman shall preside at the regular meetings of the
Commission to be held at least once each month. The chairman may
call a meeting when he deems it necessary to be held at a time to be
determined by the Commission. The Commission shall appoint a
commissioner and such other officers as it deems necessary, none of
whom shall be a member of the Commission, and shall fix the
compensation and prescribe the duties of such appointees. The
members of the Commission shall receive no salary but shall be

                                  4072
                     WEDNESDAY, MAY 25, 2005

allowed the usual mileage, subsistence and per diem as authorized by
law for commissions, committees and boards.
      (B) The South Carolina Commission for the Blind is abolished
and all powers, duties, and responsibilities of the commission, not
otherwise reserved for the Division of Services for the Blind, are
transferred to and devolved upon the South Carolina State Agency of
Vocational Rehabilitation.
      (C) The Director of the State Agency for Vocation Rehabilitation
shall:
        (1) carry out the administrative responsibilities of this chapter,
including appointing the Director of the Division of Services for the
Blind who shall oversee the daily operations of the division;
        (2) upon consultation with the Division of Services for the
Blind, promulgate regulations necessary to carry out the provisions of
this chapter;
        (3) apply for, receive, and disburse funds from all
governmental agencies, both state and federal, on behalf of the
division; and accept gifts, grants, donations, devises, and bequests
made for providing aid to the visually handicapped, including expenses
of administration.
      Section 43-25-30. (A) The Commission Division of Services for
the Blind shall:
        (1) Promulgate rules and regulations as may be necessary to
carry out the provisions of this chapter.
        (2) Apply for, receive and expend moneys from all
governmental agencies, both State and Federal; and accept gifts,
grants, donations, devises and bequests made for providing aid to the
visually handicapped, including expenses of administration. All such
funds shall be paid into the State Treasury.
        (3) submit to the Governor and publish an annual report
showing the total amount of money disbursed, the total number of blind
and visually handicapped persons who received services, and such
other information as may be deemed advisable.;
        (4)(2) maintain a complete register of persons whose vision,
with correcting lenses, does not exceed 20/200 which shall also must
include the conditions, cause of loss of sight, capacity for educational
and industrial training of each, and other pertinent facts.;
        (5)(3) maintain bureaus of information and industrial aid to
assist the visually handicapped in finding employment and to teach
them industries which may be followed in their homes, and to assist


                                   4073
                     WEDNESDAY, MAY 25, 2005

them in whatever manner may seem advisable to the Commission
division in disposing of the products of their home industry.;
         (6)(4) make inquiries concerning the cause of loss of sight,
learn what proportion of these cases are preventable and inaugurate and
cooperate with the State in any measure as may seem wise.;
         (7)(5) cooperate with the State Department of Health and
Environmental Control in the adoption and enforcement of proper
preventive measures.;
         (8)(6) establish, equip, and maintain a center for vocational,
industrial, and other training and employ qualified instructors in
accordance with subsection (B). The center shall provide for
orientation and adjustment for the visually handicapped. Training in
such these centers shall must be limited to persons deemed determined
to be eligible by the Commission division.;
         (9)(7) supervise and control all concession stands established
and operated formerly by the State Department of Social Services and
all concession stands established by the Commission. division;
         (10)(8) have the authority to enter into contracts with owners of
private property for the purpose of installing concession stands, which
shall must be under the control of the Commission. division;
         (11)(9) establish, supervise, and render totally operative and
effective prevention of loss of sight programs using such those
facilities in the State as the Commission division may deem consider
necessary, including a mobile ophthalmological laboratory and office.;
         (12)(10) assist in the furtherance of the purposes of Sections
44-43-110 to 44-43-160 and 44-7-10.
      (B) The director of the division shall recruit, hire and fire, and
evaluate employees of the division with the Director of the State
Agency of Vocational Rehabilitation having final authority in these
matters.
      Section 43-25-35. In addition to all funds appropriated to or
allocated for the Division of Services for the Blind, twelve percent of
Section 110 funds, federal grant appropriations, must be allocated to
and disbursed by the State Agency of Vocational Rehabilitation to the
division to carry out its responsibilities under this chapter.
      Section 43-25-40. The Commission Division of Services for the
Blind shall designate the procedure to be followed and shall establish a
register of ophthalmologists from which the applicant may select one to
conduct a competent medical examination for determining the extent of
his visual handicap. The Commission division shall pay for such
examination.

                                   4074
                     WEDNESDAY, MAY 25, 2005

     Section 43-25-50. The Commission Division of Services for the
Blind may arrange for the examination of the eyes of visually
handicapped persons and may secure and pay for medical and surgical
treatment for such these persons whenever in the judgment of an
ophthalmologist the eyes of such this person may be benefited thereby
by this treatment. Whenever, upon examination by an ophthalmologist
any, a person is found to have no vision or vision with glasses which is
so defective as to prevent the performance of ordinary activities for
which eyesight is essential, such the examining ophthalmologist shall,
within thirty days, report the results of the examination to the
Commission division.
     Section 43-25-60. The Commission Division of Services for the
Blind may employ qualified itinerant teachers to assist teachers in
public or private schools who are responsible for the teaching of
visually handicapped students with visual handicaps. The itinerant
teacher shall assist the public or private school teacher by providing
methods and materials for teaching such student these students. The
State Department of Education shall report to the Commission division
the schools having visually handicapped students with visual
handicaps. All principals or heads of private schools shall report to the
Commission division the names of visually handicapped students with
visual handicaps in attendance.
     Section 43-25-70. The Commission Division of Services for the
Blind is empowered to operate concession stands in any State, county,
or municipal building and in any state park and shall negotiate with the
proper agency or governing body regarding the establishment of a
concession on such property. In buildings where a stand existed on
May 25, 1940, the person who was then operating such a the stand
shall must not be removed, but when such the operator ceases to
operate such the stand the concession for further operation shall must
be granted to the Commission division. No rental or other charge shall
may be required by the Commission division for the granting of an
operation permit. Any rental payment or commission charged by the
owner of private property for the location of such a stand shall must be
collected from the operator of the stand by the Commission division.
No charge shall may be made for the installation or operation of a
concession stand or for the maintenance of equipment of a concession
stand regardless of location.
     Section 43-25-80. Any sums appropriated by the General
Assembly for treatment and training of the visually handicapped shall
persons with visual handicaps must be kept by the State Treasurer in a

                                   4075
                    WEDNESDAY, MAY 25, 2005

fund for the treatment and training of the visually handicapped persons
with visual handicaps and shall must be used to carry out the particular
purpose assigned to it.
      Section 43-25-90. Every person aggrieved by an action of the
Commission shall Division of Services for the Blind must be granted,
upon request, a hearing before a hearing officer assigned by the
Commission State Agency of Vocational Rehabilitation. The hearing
officer shall not be a member of the Commission. The hearing officer
shall have has authority to conduct hearings, to issue subpoenas
requiring the attendance of witnesses and the production of records and
other documents, to administer oaths, and to take testimony. An appeal
may be taken from the decision of the hearing officer to the
Commission for the blind. The Commission shall hold a hearing on the
matter which shall be attended by at least three members. An appeal
may be taken from the decision of the Commission to the court of
common pleas for the county where the appellant resides and the
matter shall be heard de novo in the court as a matter of equity. The
appellant shall, within ten days after notice of the decision of the
Commission, serve notice of appeal upon the chairman of the
Commission, stating grounds upon which the appeal is founded and file
such notice with the clerk of court to which such appeal is taken. Such
appeal shall act as a supersedeas until it is finally determined. The
clerk of court shall place the case upon the docket for trial
Administrative Law Court in accordance with the Administrative
Procedures Act.
      Section 43-25-100. The powers and duties of the Division for the
Blind of the State Department of Social Services including, but not
limited to, the distribution of talking book machines, vocational
rehabilitation, and other special services for the visually handicapped
persons with visual handicaps except those duties and responsibilities
surrounding the administration of the State Federal Program of Aid to
the Needy Blind shall be previously devolved upon the South Carolina
Commission for the Blind are devolved upon the Division of Services
for the Blind.”
   SECTION __. A.Chapter 31, Title 43 of the 1976 Code is
amended to read:
                              “CHAPTER 31
                         Vocational Rehabilitation
      Section 43-31-10. This chapter shall may be cited as ‘The
Vocational Rehabilitation Act of South Carolina’.


                                  4076
                     WEDNESDAY, MAY 25, 2005

      Section 43-31-20. It is hereby declared to be the policy of this
State to provide rehabilitation services to the extent needed and
feasible, to eligible handicapped individuals with disabilities
throughout the State, to the end that they may engage in useful and
remunerative occupations to the extent of their capabilities, thereby
increasing their social and economic well-being and that of their
families, and the productive capacity of this State and nation, also
thereby reducing the burden of dependency on families and taxpayers.
      Section 43-31-30. For the purposes of this chapter:
      (1) The term ‘Agency’ means the State Agency of Vocational
Rehabilitation.
      (2) The term ‘Commissioner ‘Director’ means the Commissioner
Director of the State Agency of Vocational Rehabilitation appointed by
the Agency.
      (3)(a) The term ‘Vocational rehabilitation services’ means
diagnostic and related services, (including transportation), incidental to
the determination of eligibility for, and the nature and the scope of,
services to be provided; training, guidance, and placement services for
physically handicapped individuals with disabilities; and, in the case
of any such an individual found to require financial assistance with
respect thereto to his or her disability, after full consideration of his or
her eligibility for any similar benefit by way of pension, compensation,
and insurance, any other goods and services necessary to render such
the individual fit to engage in a remunerative occupation, (including
remunerative homebound work), and including the following physical
restoration and other goods and services:
           (a)(i) corrective surgery or therapeutic treatment necessary
to correct or substantially modify a physical or mental condition which
is stable or slowly progressive and constitutes a substantial handicap
impediment to employment, but is of such a nature that such correction
or modification may reasonably be expected to eliminate or
substantially reduce such handicap the impediment within a reasonable
length of time;
           (b)(ii) necessary hospitalization in connection with surgery
or treatment specified in paragraph (a) of this subsection subitem (i);
           (c)(iii) such prosthetic devices as are essential to obtaining or
retaining employment;
           (d)(iv) maintenance shall must be furnished only in order to
enable an individual to derive the full benefit of other vocational
rehabilitation services being provided;


                                    4077
                     WEDNESDAY, MAY 25, 2005

           (e)(v) tools, equipment, initial stocks and supplies,
(including equipment and initial stocks and supplies for vending
stands), and books and training materials, to any or all of which the
State may retain legal title; and
           (f)(vi) transportation, (except where necessary in connection
with determination of eligibility or nature and scope of services); and
           (vii) occupational licenses.
   Such term       (b) Vocational rehabilitation services also includes
include:
           (g)(i) the acquisition of vending stands or other equipment
and initial stocks and supplies for use by severely handicapped
individuals with severe disabilities in any type of small business, the
operation of which will be improved through management and
supervision by the State agency; and
           (h)(ii) the establishment of public and other nonprofit
rehabilitation facilities to provide services for physically handicapped
individuals with disabilities and the establishment of public and other
nonprofit workshops for the severely handicapped individuals with
severe disabilities.
     (4) The term ‘physically handicapped ‘Individual with a
disability’ means any an individual, except an individual qualifying
under vocational rehabilitation of the blind, who is under has a physical
or mental disability which constitutes a substantial handicap
impediment to employment, but which is of such a nature that
vocational rehabilitation services may reasonably be expected to render
him fit the individual able to engage in a remunerative occupation, and
persons who are severely handicapped and with severe disabilities who
are of employable age with a physical or mental disability so
handicapping as to require that they be institutionalized or have the
services of an attendant in order to provide themselves with their daily
living requirements.
     (5) The term ‘Remunerative occupation’ includes means
employment as an employee or self-employed;                practice of a
profession; homemaking, farm or family work for which payment is in
kind rather than in cash; sheltered employment, and home industry or
other homebound work of a remunerative nature.
     (6) The term ‘Rehabilitation facility’ means a facility operated
for the primary purpose of assisting in the rehabilitation of physically
handicapped individuals with disabilities:
        (a) which provides for one or more of the following types of
services:

                                   4078
                       WEDNESDAY, MAY 25, 2005

            (i)   testing, fitting, or training in the use of prosthetic
devices,;
           (ii) prevocational or conditional therapy,;
           (iii) physical or occupational therapy,;
           (iv) adjustment training; or
           (v) evaluation or control of special disabilities; or
        (b) through which is provided an integrated program of
medical, psychological, social, and vocational evaluation and services
under competent professional supervision; provided, that if the major
portion of such the evaluation and services is furnished within the
facility and that if all medical and related health services are prescribed
by, or are under the formal supervision of, persons licensed to practice
medicine or surgery in the State.
      (7) The term ‘Workshop’ means a place where any manufacture
or handiwork is carried on and which is operated for the primary
purpose of providing remunerative employment to severely
handicapped individuals with severe disabilities who cannot be readily
absorbed in the competitive labor market.
      (8) The term ‘Nonprofit’, when used with respect to a
rehabilitation facility or a workshop, means a rehabilitation facility and
a workshop, respectively, owned and operated by a corporation or
association, no part of the net earnings of which inures, or may
lawfully inure, to the benefit of any private shareholder or individual
and the income of which is exempt from taxation under Section 501 (c)
(3) of the Internal Revenue Code of 1954 1986.
      (9) ‘Establishment of a workshop or rehabilitation facility’
means:
        (a) in the case of a workshop, the expansion, remodeling, or
alteration of existing buildings necessary to adapt such these buildings
to workshop purposes or to increase the employment opportunities in
workshops, and the acquisition of initial equipment necessary for new
workshops or to increase the employment opportunities in workshops;
and
        (b) in the case of a rehabilitation facility, the expansion,
remodeling, or alteration of existing buildings, and initial equipment of
such these buildings, necessary to adapt such these buildings to
rehabilitation facility purposes or to increase their effectiveness for
such these purposes, (subject, however, to such these limitations as the
Secretary of the Department of Health, Education, and Welfare may by
regulations prescribe in order to prevent impairment of the objectives
of, or duplication of, other federal laws providing federal assistance to

                                    4079
                     WEDNESDAY, MAY 25, 2005

states in the construction of such these facilities), and initial staffing
thereof (, of these facilities for a period not exceeding one year).
      (10) The term ‘Eligible physically handicapped individual with a
disability’, when used with respect to diagnostic and related services,
training, guidance, and placement, means any physically handicapped a
person with a disability, except a person qualifying under vocational
rehabilitation for the blind, whose vocational rehabilitation or self-care
rehabilitation is determined feasible by the Commissioner director, and,
when used with respect to other vocational rehabilitation services,
means an individual meeting the above this requirement who is also
found by the Commissioner director to require financial assistance with
respect thereto to his or her disability, after full consideration of his or
her eligibility for any similar benefit by the way of pension,
compensation, and insurance.
      (11) The term ‘Self care rehabilitation services’ means such
diagnostic, psychological, medical, surgical, physical restoration,
guidance, training, and related services, including equipment and
prosthetic appliances and training in their use, needed to enable a
severely handicapped person with a severe disability to dispense with
or largely dispense with the need for institutional care or for the
services of an attendant and to achieve, in so far as practicable, the
ability for independent living.
      (12) The term ‘Eligible’ or ‘eligibility’ when used in relation to an
individual’s qualification for vocational rehabilitation services, means a
certification that:
        (1)(a) a physical or mental disability is present;
        (2)(b) a substantial handicap impediment to employment
exists; and
        (3)(c) vocational rehabilitation services may reasonably be
expected to render the individual fit able to engage in a gainful
occupation.
      Section 43-31-40. The Governor shall appoint a State Agency of
Vocational Rehabilitation to be composed of seven members, which
Agency shall provide for the administration of this chapter. The
members of the Agency shall consist of one member from each
congressional district and one member at large. The Governor, upon
the advice and consent of the Senate, shall appoint the members. The
members first appointed having been designated by the Governor to
serve for terms of one, two, three, four, five, six and seven years
respectively, each member of the Agency thereafter shall must be
appointed for a term of seven years. The terms of office shall must

                                    4080
                     WEDNESDAY, MAY 25, 2005

always remain staggered so that the term of one member shall expire
expires every year with appointments to fill unexpired terms caused by
death, resignation, or disability.
      Section 43-31-50. The agency shall elect a chairman and shall
meet quarterly in regular session and on call by the chairman when
necessary for the transaction of Agency business. Agency members
shall receive such per diem and mileage as is provided by law for
members of boards, commissions, and committees.
      Section 43-31-60. (A) The agency shall provide the vocational
rehabilitation services authorized by this chapter to every physically
handicapped individual with a disability determined by the
Commissioner director to be eligible therefor for these services, as
defined by Section 43-31-30, subsection (10), and in carrying out the
purposes of this chapter, the agency is authorized, among other things,
to:
         (1) To cooperate with other departments, agencies, and
institutions, both public and private, in providing the services
authorized by this chapter to disabled individuals with disabilities, in
studying the problems involved therein in assisting individuals with
disabilities, and in establishing, developing, and providing in
conformity with the purposes of this chapter, such programs, facilities,
and services as may be necessary or desirable;
         (2) To enter into reciprocal agreements with other states to
provide for the services authorized by this chapter to residents of the
states concerned;
         (3) To conduct research and compile statistics relating to the
provision of services to or the need of services by disabled individuals
with disabilities;
         (4) To enter into contractual arrangements with the federal
government and with other authorized public agencies or persons for
performance of services related to vocational rehabilitation;
         (5) To contract with schools, hospitals, and other agencies, and
with doctors, optometrists, nurses, technicians, and other persons, for
training, physical restoration, transportation, and other vocational
rehabilitation services;
         (6) To take such action as may be necessary to enable the
agency to apply for, accept, and receive for the State and its residents
the full benefits available under the Vocational Rehabilitation Act of
Congress and any amendments thereto to this act, and under any other
federal legislation or program having as its purpose the providing of,
improvement, or extension of, vocational rehabilitation services.

                                   4081
                     WEDNESDAY, MAY 25, 2005

     (B) The agency shall not assume responsibility for permanent
custodial care of any individual and shall provide rehabilitation
services only for a period long enough to accomplish the rehabilitation
objective or to determine that rehabilitation is not feasible through the
services which that can be made available to the individual being
served.
     Section 43-31-70. The agency shall appoint a Commissioner the
Director of Vocational Rehabilitation, in accordance with established
personnel standards and on the basis of his education, training,
experience, and demonstrated ability. The Commissioner director shall
serve as secretary and executive officer of the agency.
     Section 43-31-80. In carrying out his duties under this chapter,
the Commissioner director:
     (1) shall, with the approval of the agency, make promulgate
regulations governing personnel standards, the protection of records
and confidential information, the manner and form of filing
applications, eligibility, and investigation and determination therefor of
eligibility, for vocational rehabilitation and other services, procedures
for fair hearings, and such other regulations as he finds necessary to
carry out the purposes of this chapter;
     (2) shall, with the approval of the agency, establish appropriate
subordinate administrative units;
     (3) shall, with the approval of the agency, appoint such personnel
as he deems considers necessary for the efficient performance of the
functions of the agency;
     (4) shall prepare and submit to the agency annual reports of
activities and expenditures and, prior to each regular session of the
legislature, estimates of sums required for carrying out this chapter and
estimates of the amounts to be made available for this purpose from all
sources;
     (5) shall make certification for disbursement, in accordance with
regulations, of funds available, for carrying out the purposes of this
chapter;
     (6) shall, with the approval of the agency, take such other action
as he deems considers necessary or appropriate to carry out the
purposes of this chapter;
     (7) may, with the approval of the agency, delegate to any officer
or employee of this agency such of his powers and duties, except the
making of regulations and the appointment of personnel, as he finds
necessary to carry out the purposes of this chapter.


                                   4082
                     WEDNESDAY, MAY 25, 2005

     Section 43-31-90. This chapter shall must be administered under
the general supervision and direction of the agency by the
commissioner.
     Section 43-31-100. Pursuant to the policy declared in Section
43-31-20, the vocational rehabilitation services shall must be provided
under this chapter to persons throughout the State, and the vocational
rehabilitation plan adopted pursuant to this chapter shall must be in
effect in all political subdivisions of the State.
     Section 43-31-110. Rehabilitation services provided under the
State plan shall must be available to any civil employee of the United
States disabled while in the performance of his duty, on the same terms
and conditions as apply to other persons.
     Section 43-31-120. There is created a special fund, to be known as
the ‘Vocational Rehabilitation Fund’. The fund shall consist of all
moneys appropriated by this State and all moneys received from the
United States or any other source for such the purpose, as provided by
this chapter. All moneys in this fund shall must be deposited,
administered, and disbursed in the same manner and under the same
conditions and requirements as provided by law for other public funds
in the State Treasury. All moneys in this fund are appropriated and
made available to the agency, and shall must be expended solely for the
purposes of this chapter. Any balances in the fund shall do not lapse at
any time but shall must be continuously available to the agency for
expenditure consistent with this chapter. The agency, acting through
the Commissioner director, shall issue its requisition for payment of all
costs of administering this chapter to the Comptroller General, who
shall draw his warrant in the usual form provided by law on the State
Treasurer, who shall pay it by check on the vocational rehabilitation
fund.
     Section 43-31-130. (1)(A) The Commissioner director may, with
the approval of the agency, accept and use gifts made unconditionally
by will or otherwise for carrying out the purposes of this chapter. Gifts
made under such conditions as in the judgment of the Agency director
are proper and consistent with the provisions of this chapter may be so
accepted and shall must be held, invested, reinvested, and used in
accordance with the condition of the gift.
     (2)(B) The acceptance of federal funds and other funds, and their
use for vocational rehabilitation, subject to such restrictions as may be
imposed by the donor and not inconsistent with this chapter, is hereby
authorized.


                                   4083
                     WEDNESDAY, MAY 25, 2005

      (3)(C) Federal grants and donations for vocational rehabilitation
services, unless otherwise restricted, shall must be available for all
vocational rehabilitation services provided under the State plan, and
also for the purpose, whenever federal funds are made available to the
State under Section 3 of the Federal Vocational Rehabilitation
Amendments of 1954, for of the extension and improvement of
vocational rehabilitation services, or under Section 4 of such that act
for projects for research, demonstrations, training and traineeships, and
for the planning for and initiating expansion of vocational
rehabilitation services under the State plan.
      Section 43-31-140. The General Assembly shall appropriate for
vocational rehabilitation such sums as are necessary, along with
available federal and other funds, to carry out the purposes of this
chapter.
      Section 43-31-145. As required by the Federal Vocational
Rehabilitation Acts, and any amendments thereto to those acts,
including rules and regulation regulations issued pursuant to such these
acts, the State Agency of Vocational Rehabilitation shall give full
consideration to any similar benefits available to a handicapped an
individual with a disability, including private, group, or other insurance
benefits, to meet, in whole or in part, the cost of any vocational
rehabilitation services prior to expenditure of public funds. To the
extent that an individual is eligible for other benefits, including private,
group, or other insurance benefits, such these benefits shall must be
utilized insofar as possible. Insurance carriers shall must not deny
payment of benefits otherwise available solely on the basis that a
handicapped an individual with a disability has applied for, or has been
deemed eligible to receive, vocational rehabilitation services as
provided by the State Agency of Vocational Rehabilitation.
      Section 43-31-150. It shall be is unlawful, except for purposes
directly connected with the administration of the vocational
rehabilitation program, and in accordance with regulations, for any
person to solicit, disclose, receive or make use of, or authorize,
knowingly permit, participate in or acquiesce in the use of any list of,
or names of, or any information concerning, persons applying for or
receiving vocational rehabilitation, directly or indirectly derived from
the records, papers, files, communications of the State or subdivisions
or agencies thereof of the State, or acquired in the course of the
performance of official duties without the written consent of each such
applicant and recipient.           The records, papers, files, and


                                    4084
                    WEDNESDAY, MAY 25, 2005

communications shall must be regarded as confidential information and
privileged.
      Section 43-31-160. In addition to the duties of the Department
State Agency of Vocational Rehabilitation as set forth in Sections
43-31-20 and 43-31-60, the department agency shall provide services
authorized by this chapter to individuals who have committed criminal
offenses and are or have been incarcerated in the Department of
Corrections when these individuals suffer from physical or mental
disabilities that may constitute a substantial handicap impediment to
employment.”
   B. (A) In accordance with the functions and responsibilities
designated in this section, all personnel, appropriations, bonded
indebtedness, if applicable, and real and personal property of the
Commission for the Blind are transferred to the Division of Services
for the Blind and to the South Carolina State Agency of Vocational
Rehabilitation.
      (B) Employees transferred pursuant to the provisions of this
section, at the time of transfer, become employees of the Division of
Services for the Blind or of the State Agency for Vocational
Rehabilitation, as provided for in this section.
      (C) Any regulations previously promulgated by the Commission
for the Blind under the authority of former provisions of law pertaining
to the commission are continued and considered to be promulgated
under the authority of present provisions pertaining to the Division of
Services for the Blind or the State Agency of Vocational
Rehabilitation, as provided for in this section.
      (D) The State Budget and Control Board shall facilitate the
transfers to be made in accordance with this section.
   SECTION __. Section 43-21-10 of the 1976 Code, as last
amended by Act 30 of 1995, is further amended to read:
      “Section 43-21-10. (A) There is created in the Office of the
Lieutenant Governor, the Division on Aging. The division must be
supported by an the Advisory Council Committee on Aging consisting
of:
      (1) the Lieutenant Governor or his designee;
      (2) one member from each of the ten planning and service areas
under the Division on Aging and;
      (3) one representative of each of the following groups appointed
by the Lieutenant Governor annually:
        (a) long term care providers;
        (b) long term care consumers;

                                  4085
                     WEDNESDAY, MAY 25, 2005

         (c) persons in the insurance industry developing or marketing
a long-term care product;
      (4) five members from the State at large.
      The director of the division shall provide statewide notice that
nominations may be submitted to the director from which the
Lieutenant Governor shall appoint the members of the council
committee, upon the advice and consent of the Senate. The members
must be citizens of the State who have an interest in and a knowledge
of the problems of an aging population. In making appointments to the
council committee, consideration must be given to assure that the
council is composed of appointees who are diverse in age, who are able
and disabled, and who are active leaders in organizations and
institutions that represent different concerns of older citizens and their
families. The chair must be elected by the members of the advisory
council committee from its members for a term of two years and until a
successor is elected. Members of the council committee shall serve
without compensation but shall receive mileage and subsistence
authorized by law for members of boards, commissions, and
committees. The advisory council committee shall meet at least once
each quarter and special meetings may be called at the discretion of the
director of the division. Rules and procedures must be adopted by the
council committee for the governance of its operations and activities.
      (B) The Advisory Committee on Aging shall identify future
policy issues in aging and long-term care and may conduct research
and demonstration activities related to these issues.”
   SECTION __. Section 43-21-20 of the 1976 Code, as last
amended by Act 30 of 1995, is further amended to read:
      “Section 43-21-20. (A) The members of the advisory council
committee shall serve for terms of four years and until their successors
are appointed and qualify. The terms of the members expire on June
thirtieth and all vacancies must be filled in the manner of the original
appointment for the unexpired portion of the term only. No A member
may not serve more than two consecutive terms.
      (B) The Lieutenant Governor may terminate a member of the
council for any reason pursuant to the provisions of Section 1-3-240,
and the reason for the termination must be communicated to each
member of the council committee.”
   SECTION __. Section 43-21-45 of the 1976 Code, as amended by
Act 336 of 1994, is further amended to read:
      “Section 43-21-45. The Lieutenant Governor’s Office, Division on
Aging, shall designate area agencies on aging and area agencies on

                                   4086
                     WEDNESDAY, MAY 25, 2005

aging shall designate focal points. Focal points shall provide
leadership on aging issues in their respective communities and shall
carry out a comprehensive service system for older adults or shall
coordinate with a comprehensive service system in providing services
for older adults. The area agencies on aging represent the regional
level of the state aging network and the focal points represent the local
level of the state aging network.”
   SECTION __. Section 43-21-60 of the 1976 Code, as last
amended by Section 1020 of Act 181 of 1993, is further amended to
read:
      “Section 43-21-60. The division, through the Lieutenant
Governor, shall submit an annual report to the Governor and to the
General Assembly on or before January first of each year. The report
shall deal with the present and future needs of the elderly and with the
work of the division during the year.”
   SECTION __. Section 43-21-70 of the 1976 Code, as last
amended by Section 1021 of Act 181 of 1993, is further amended to
read:
      “Section 43-21-70. The Lieutenant Governor may employ a
director to be the administrative officer of the division who shall serve
at his pleasure and who is subject to removal pursuant to the provisions
of Section 1-3-240.”
   SECTION__. Section 43-21-100 of the 1976 Code, as last amended
by Section 1023 of Act 181 of 1993, is further amended to read:
      “Section 43-21-100. The division shall prepare the annual budget
for its operation which must be submitted to the Lieutenant Governor
and to the General Assembly for approval.”
   SECTION __. Section 43-21-110 of the 1976 Code is amended to
read:
      “Section 43-21-110. The General Assembly shall provide an
annual appropriation to carry out the work of the Commission Division
on Aging in the Office of the Lieutenant Governor.”
   SECTION __. Section 43-21-150 of the 1976 Code, as last
amended by Section 1026 of Act 181 of 1993, is further amended to
read:
      “Section 43-21-150. The Division on Aging, with the
cooperation assistance of the Long Term Care Council Advisory
Committee and the Department of Insurance, shall develop and
implement a program to educate citizens concerning:
      (a) the availability of long term care services;
      (b) the lifetime risk of spending some time in a nursing home;

                                   4087
                    WEDNESDAY, MAY 25, 2005

     (c) the coverage available for long term care services through
Medicare, Medicaid, and private insurance policies, and the limitations
of this coverage; and
     (d) the availability of home equity conversion alternatives, such
as reverse annuity mortgages and sale-leaseback arrangements, in this
State and the risks and benefits of these alternatives.
     This program must be made a part of the Preretirement Education
Program of the South Carolina Retirement Systems.”/
   Renumber sections to conform.
   Amend title to conform.

  Rep. DAVENPORT explained the amendment.
  The amendment was then adopted.

   Rep. DAVENPORT proposed the following Amendment No. 6 (Doc
Name COUNCIL\NBD\11871AC05), which was adopted:
   Amend the bill, as and if amended, by deleting Section 44-6-
1310(A) on page 6 and inserting:
   /(A) The Director of the Office of Information Technology of the
State Budget and Control Board shall convene an information
technology planning team to develop plans for the efficient and
effective use of information technologies by health and human service
agencies. The director must include an equal number of private sector
information technology professionals on the team. The purpose of the
advisory committee is to benefit the public agencies with the expertise
of the private sector in designing and managing health and human
service agency information systems. The director shall make periodic
reports to the Chairman of the House Ways and Means Committee and
the Chairman of the Senate Finance Committee on the team’s progress
towards the goals of improving information technology purchasing and
coordination. Representatives of the following agencies shall
participate on the information technology team:
        (1) Department of Health and Human Services;
        (2) Department of Health and Environmental Control;
        (3) Department of Social Services;
        (4) Department of Disabilities and Special Needs; and
        (5) Vocational Rehabilitation. /
   Renumber sections to conform.
   Amend title to conform.



                                  4088
                   WEDNESDAY, MAY 25, 2005

  Rep. DAVENPORT explained the amendment.
  The amendment was then adopted.

  The Bill, as amended, was read the second time and ordered to third
reading.

    S. 736--RECALLED FROM COMMITTEE ON EDUCATION
                      AND PUBLIC WORKS
   On motion of Rep. WALKER, with unanimous consent, the
following Bill was ordered recalled from the Committee on Education
and Public Works:

  S. 736 -- Senators Ryberg and Peeler: A BILL TO AMEND
SECTION 56-3-7780, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE ISSUANCE OF "VIETNAM WAR
VETERANS SPECIAL LICENSE PLATES" SO AS TO PROVIDE
THAT ONLY VIETNAM WAR VETERANS WHO SERVED ON
ACTIVE DUTY AT ANYTIME DURING THE PERIOD OF
FEBRUARY 28, 1961, TO MAY 7, 1975, MAY BE ISSUED THIS
SPECIAL LICENSE PLATE.

              R. 73, H. 3716--INTERRUPTED DEBATE
  Debate was resumed on the following Act, the pending question
being the consideration of the vetoes:

  (R73) H. 3716 -- Ways and Means Committee: AN ACT TO MAKE
APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET
THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR
THE FISCAL YEAR BEGINNING, JULY 1, 2005; TO REGULATE
THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER
PROVIDE FOR THE OPERATION OF STATE GOVERNMENT
DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

                    VETO 61-- OVERRIDDEN
   Veto 61. Part 1B, Section 26.1, Department of Parks, Recreation
and Tourism, page 361, PRT: Canadian Day.

  Rep. HARRELL spoke against the Veto.




                                 4089
                    WEDNESDAY, MAY 25, 2005

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 79; Nays 20

 Those who voted in the affirmative are:
Allen                   Altman                 Anderson
Anthony                 Bailey                 Bales
Battle                  Bowers                 Brady
Branham                 Breeland               G. Brown
R. Brown                Cato                   Ceips
Chalk                   Chellis                Clark
Clemmons                Clyburn                Coleman
Cooper                  Cotty                  Dantzler
Edge                    Hamilton               Hardwick
Harrell                 Hayes                  Herbkersman
J. Hines                M. Hines               Hinson
Hiott                   Hosey                  Jefferson
Jennings                Kennedy                Leach
Limehouse               Littlejohn             Loftis
Mack                    Mahaffey               Martin
McCraw                  McGee                  McLeod
Merrill                 Miller                 J. H. Neal
J. M. Neal              Owens                  Parks
Phillips                Pinson                 M. A. Pitts
Rice                    Sandifer               Scarborough
Scott                   Skelton                G. R. Smith
J. E. Smith             J. R. Smith            W. D. Smith
Stewart                 Taylor                 Townsend
Umphlett                Vaughn                 Vick
Walker                  Weeks                  Whipper
White                   Whitmire               Witherspoon
Young

                                Total--79

Those who voted in the negative are:
Agnew                  Ballentine              Delleney
Duncan                 Frye                    Funderburk
Hagood                 Haley                   Huggins
Kirsh                  Lucas                   Norman

                                  4090
                    WEDNESDAY, MAY 25, 2005

E. H. Pitts             Simrill                Sinclair
D. C. Smith             G. M. Smith            Talley
Thompson                Toole

                               Total--20

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

                     RECORD FOR VOTING
    I missed the vote on Veto No. 61 and would have voted to
override.
    Rep. Gloria A. Haskins

                    VETO 62-- OVERRIDDEN
   Veto 62. Part IB, Section 26.7, Department of Parks, Recreation
and Tourism, page 361, PRT: Litter Control.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 76; Nays 29

Those who voted in the affirmative are:
Agnew                  Allen                   Altman
Anderson               Anthony                 Bailey
Bales                  Barfield                Battle
Bowers                 Branham                 Breeland
G. Brown               R. Brown                Cato
Ceips                  Chalk                   Chellis
Clark                  Clemmons                Cobb-Hunter
Coleman                Cooper                  Dantzler
Edge                   Emory                   Funderburk
Hardwick               Harrell                 Harrison
Hayes                  Herbkersman             J. Hines
M. Hines               Hinson                  Hiott
Hosey                  Jefferson               Jennings
Kennedy                Kirsh                   Leach
Limehouse              Loftis                  Martin

                                 4091
                   WEDNESDAY, MAY 25, 2005

McCraw                 McGee                   McLeod
Miller                 J. H. Neal              J. M. Neal
Neilson                Ott                     Parks
Perry                  Phillips                Pinson
M. A. Pitts            Sandifer                Scarborough
Scott                  Simrill                 Skelton
G. M. Smith            J. E. Smith             J. R. Smith
Taylor                 Thompson                Umphlett
Vick                   Weeks                   Whipper
White                  Whitmire                Witherspoon
Young

                              Total--76

Those who voted in the negative are:
Ballentine             Bingham                 Brady
Clyburn                Cotty                   Delleney
Duncan                 Frye                    Hagood
Haley                  Hamilton                Haskins
Littlejohn             Lucas                   Mahaffey
Norman                 Owens                   E. H. Pitts
Rice                   Sinclair                D. C. Smith
G. R. Smith            W. D. Smith             Stewart
Talley                 Toole                   Tripp
Vaughn                 Walker

                              Total--29

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

                    VETO 63-- OVERRIDDEN
  Veto 63. Part 1B, Section 9.55, Department of Health and
Environmental Control, page 344, DHEC: Competitive Grants.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 75; Nays 32

                                 4092
                    WEDNESDAY, MAY 25, 2005

 Those who voted in the affirmative are:
Altman                  Anderson            Bales
Barfield                Battle              Bowers
Brady                   Branham             Breeland
G. Brown                R. Brown            Cato
Ceips                   Chalk               Chellis
Clark                   Clemmons            Clyburn
Cobb-Hunter             Cooper              Dantzler
Davenport               Edge                Emory
Govan                   Hamilton            Hardwick
Harrell                 Harrison            Haskins
Hayes                   Herbkersman         J. Hines
M. Hines                Hinson              Hiott
Hosey                   Howard              Jefferson
Jennings                Kennedy             Kirsh
Leach                   Lee                 Littlejohn
Mack                    McCraw              McLeod
Merrill                 Miller              J. H. Neal
J. M. Neal              Neilson             Ott
Owens                   Parks               Perry
M. A. Pitts             Rhoad               Rice
Sandifer                Scott               Skelton
G. M. Smith             G. R. Smith         J. E. Smith
Taylor                  Thompson            Townsend
Vaughn                  Weeks               Whipper
White                   Whitmire            Young

                                Total--75

 Those who voted in the negative are:
Agnew                   Anthony             Bailey
Ballentine              Bingham             Coleman
Cotty                   Delleney            Duncan
Frye                    Funderburk          Haley
Huggins                 Lucas               Mahaffey
McGee                   Norman              Phillips
Pinson                  E. H. Pitts         Scarborough
Simrill                 Sinclair            D. C. Smith
J. R. Smith             W. D. Smith         Stewart



                                  4093
                    WEDNESDAY, MAY 25, 2005

Talley                  Toole                  Umphlett
Vick                    Witherspoon

                                Total--32

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

                    VETO 64-- OVERRIDDEN
   Veto 64. Part 1B, Section 26.8, Department of Parks, Recreation
and Tourism, page 362, PRT: Competitive Grants.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 76; Nays 16

 Those who voted in the affirmative are:
Anderson                Anthony                Bailey
Bales                   Barfield               Battle
Bowers                  Branham                Breeland
G. Brown                R. Brown               Cato
Ceips                   Chalk                  Chellis
Clark                   Clyburn                Cobb-Hunter
Cooper                  Cotty                  Dantzler
Davenport               Edge                   Emory
Funderburk              Govan                  Hardwick
Harrell                 Haskins                Hayes
Herbkersman             J. Hines               M. Hines
Hinson                  Hiott                  Hosey
Jefferson               Kennedy                Kirsh
Leach                   Littlejohn             Loftis
Lucas                   Mack                   Martin
McCraw                  McLeod                 Merrill
Miller                  J. H. Neal             Neilson
Ott                     Owens                  Parks
Perry                   Phillips               Pinson
M. A. Pitts             Rhoad                  Rice
Sandifer                Scarborough            Skelton

                                  4094
                    WEDNESDAY, MAY 25, 2005

G. M. Smith             J. R. Smith            Taylor
Thompson                Townsend               Umphlett
Vaughn                  Vick                   Weeks
White                   Whitmire               Witherspoon
Young

                               Total--76

Those who voted in the negative are:
Ballentine             Bingham                 Delleney
Duncan                 Haley                   Mahaffey
McGee                  Norman                  E. H. Pitts
Simrill                Sinclair                D. C. Smith
Stewart                Talley                  Toole
Tripp

                               Total--16

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

                  VETO 65-- OVERRIDDEN
  Veto 65. Part 1B, Section 27.26, Department of Commerce, page
365, CMRC: Competitive Grants.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 71; Nays 28

Those who voted in the affirmative are:
Altman                 Anderson                Bales
Battle                 Bowers                  Brady
Branham                Breeland                G. Brown
Cato                   Ceips                   Chalk
Chellis                Clark                   Clyburn
Cobb-Hunter            Cooper                  Cotty
Dantzler               Davenport               Edge
Emory                  Funderburk              Govan

                                 4095
                   WEDNESDAY, MAY 25, 2005

Hamilton               Harrell              Haskins
Hayes                  J. Hines             M. Hines
Hinson                 Hiott                Hosey
Huggins                Jefferson            Jennings
Kennedy                Kirsh                Leach
Littlejohn             Mack                 Martin
McCraw                 McGee                McLeod
Merrill                Miller               J. H. Neal
J. M. Neal             Neilson              Ott
Owens                  Parks                Perry
M. A. Pitts            Rhoad                Rice
Rutherford             Sandifer             Skelton
G. M. Smith            J. R. Smith          Taylor
Thompson               Townsend             Vaughn
Weeks                  Whipper              White
Whitmire               Young

                              Total--71

Those who voted in the negative are:
Agnew                  Anthony              Ballentine
Bingham                Coleman              Delleney
Duncan                 Frye                 Hagood
Haley                  Hardwick             Lucas
Mahaffey               Norman               Phillips
Pinson                 E. H. Pitts          Scarborough
Simrill                Sinclair             D. C. Smith
W. D. Smith            Stewart              Talley
Toole                  Umphlett             Vick
Witherspoon

                              Total--28

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

                    VETO 66-- OVERRIDDEN
  Veto 66. Part 1B, Section 63.42, Budget and Control Board, page
416, BCB: Competitive Grants.

  Rep. HARRELL spoke against the Veto.

                                 4096
                    WEDNESDAY, MAY 25, 2005

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 72; Nays 32

 Those who voted in the affirmative are:
Altman                  Anderson               Anthony
Bailey                  Bales                  Barfield
Battle                  Bowers                 Branham
G. Brown                Cato                   Ceips
Chalk                   Chellis                Clark
Clemmons                Clyburn                Cobb-Hunter
Cooper                  Dantzler               Davenport
Edge                    Emory                  Govan
Hamilton                Hardwick               Harrell
Harrison                Haskins                Hayes
J. Hines                M. Hines               Hiott
Hosey                   Jefferson              Jennings
Kennedy                 Kirsh                  Leach
Littlejohn              Loftis                 Mack
Martin                  McCraw                 McGee
McLeod                  Miller                 J. H. Neal
J. M. Neal              Neilson                Ott
Owens                   Parks                  Perry
M. A. Pitts             Rhoad                  Rice
Rutherford              Sandifer               Scott
Skelton                 G. M. Smith            G. R. Smith
J. R. Smith             Taylor                 Thompson
Townsend                Vaughn                 Weeks
White                   Whitmire               Young

                                Total--72

Those who voted in the negative are:
Agnew                  Ballentine              Bingham
Brady                  Coleman                 Cotty
Delleney               Duncan                  Frye
Funderburk             Hagood                  Haley
Huggins                Lucas                   Mahaffey
Merrill                Norman                  Phillips
Pinson                 E. H. Pitts             Scarborough

                                  4097
                    WEDNESDAY, MAY 25, 2005

Simrill                 Sinclair                 D. C. Smith
W. D. Smith             Stewart                  Talley
Toole                   Tripp                    Umphlett
Vick                    Witherspoon

                                Total--32

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

                       RECORD FOR VOTING
    I intended to vote “yea” on Veto No. 66, not “nay”.
    Rep. Ted Vick

                    VETO 67-- OVERRIDDEN
  Veto 67. Part 1B, Section 63.49, Budget and Control Board, page
417, BCB: Grants Review Committee.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 70; Nays 34

 Those who voted in the affirmative are:
Altman                  Anderson                 Bailey
Bales                   Battle                   Bowers
Branham                 Breeland                 R. Brown
Cato                    Ceips                    Chalk
Chellis                 Clark                    Clemmons
Clyburn                 Cobb-Hunter              Cooper
Dantzler                Davenport                Edge
Emory                   Govan                    Hamilton
Hardwick                Harrell                  Haskins
Hayes                   J. Hines                 M. Hines
Hinson                  Hiott                    Hosey
Jefferson               Jennings                 Kennedy
Kirsh                   Leach                    Littlejohn
Mack                    Martin                   McCraw
McLeod                  Miller                   J. H. Neal

                                  4098
                   WEDNESDAY, MAY 25, 2005

J. M. Neal             Neilson                 Ott
Owens                  Parks                   Perry
M. A. Pitts            Rhoad                   Rice
Rutherford             Sandifer                Scott
Skelton                G. M. Smith             G. R. Smith
J. R. Smith            Taylor                  Thompson
Townsend               Vaughn                  Weeks
Whipper                White                   Whitmire
Young

                              Total--70

Those who voted in the negative are:
Agnew                  Anthony                 Ballentine
Bingham                Brady                   Coleman
Cotty                  Delleney                Duncan
Frye                   Funderburk              Hagood
Haley                  Huggins                 Lucas
Mahaffey               McGee                   Merrill
Norman                 Phillips                Pinson
E. H. Pitts            Scarborough             Simrill
Sinclair               D. C. Smith             W. D. Smith
Stewart                Talley                  Toole
Tripp                  Umphlett                Vick
Witherspoon

                              Total--34

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

                      VETO 68-- SUSTAINED
   Veto 68. Part 1B, Section 26.9, Department of Parks, Recreation
and Tourism, page 362, PRT: SC Wildlife Exposition.

  Rep. HARRELL spoke in favor of the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 26; Nays 80

                                 4099
                    WEDNESDAY, MAY 25, 2005

 Those who voted in the affirmative are:
Anderson                Bailey              Bales
Battle                  Bowers              Branham
Breeland                G. Brown            R. Brown
Hayes                   Jennings            Kennedy
Limehouse               Mack                Miller
J. H. Neal              Owens               Parks
Pinson                  M. A. Pitts         Rice
Rutherford              Sandifer            J. E. Smith
Whipper                 Whitmire

                                Total--26

 Those who voted in the negative are:
Agnew                   Altman              Anthony
Ballentine              Barfield            Bingham
Brady                   Cato                Ceips
Chalk                   Chellis             Clark
Clemmons                Clyburn             Cobb-Hunter
Coleman                 Cooper              Cotty
Dantzler                Davenport           Delleney
Duncan                  Edge                Emory
Frye                    Funderburk          Hagood
Haley                   Hamilton            Harrell
Harrison                Haskins             Herbkersman
J. Hines                Hinson              Hiott
Hosey                   Huggins             Jefferson
Kirsh                   Leach               Littlejohn
Loftis                  Lucas               Mahaffey
McCraw                  McGee               McLeod
Merrill                 J. M. Neal          Neilson
Norman                  Ott                 Perry
Phillips                E. H. Pitts         Scarborough
Scott                   Simrill             Sinclair
Skelton                 D. C. Smith         G. M. Smith
G. R. Smith             J. R. Smith         W. D. Smith
Stewart                 Talley              Taylor
Thompson                Toole               Tripp
Umphlett                Vaughn              Vick



                                  4100
                    WEDNESDAY, MAY 25, 2005

Walker                  Weeks                  White
Witherspoon             Young

                                Total--80

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

                    VETO 69-- OVERRIDDEN
   Veto 69. Part 1B, Section 26.10, Department of Parks, Recreation
and Tourism, page 362, PRT: State Park Privatization Approval.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 79; Nays 25

 Those who voted in the affirmative are:
Agnew                   Altman                 Anderson
Anthony                 Bales                  Barfield
Battle                  Bowers                 Brady
Branham                 Breeland               R. Brown
Cato                    Ceips                  Chalk
Chellis                 Clemmons               Clyburn
Cobb-Hunter             Coleman                Cooper
Cotty                   Dantzler               Davenport
Delleney                Edge                   Emory
Funderburk              Govan                  Hardwick
Harrell                 Harrison               Hayes
J. Hines                Hinson                 Hiott
Hosey                   Howard                 Huggins
Jefferson               Jennings               Kennedy
Kirsh                   Leach                  Limehouse
Lucas                   Mack                   Mahaffey
Martin                  McCraw                 McLeod
Miller                  J. H. Neal             J. M. Neal
Neilson                 Parks                  Perry
Phillips                M. A. Pitts            Rice
Rutherford              Sandifer               Scott

                                  4101
                    WEDNESDAY, MAY 25, 2005

Sinclair                Skelton                D. C. Smith
J. E. Smith             J. R. Smith            Taylor
Thompson                Toole                  Umphlett
Vaughn                  Vick                   Weeks
White                   Whitmire               Witherspoon
Young

                               Total--79

Those who voted in the negative are:
Bailey                 Ballentine              Bingham
Clark                  Duncan                  Frye
Hagood                 Haley                   Hamilton
Littlejohn             McGee                   Merrill
Norman                 Owens                   Pinson
E. H. Pitts            Scarborough             Simrill
G. M. Smith            G. R. Smith             W. D. Smith
Stewart                Talley                  Tripp
Walker

                               Total--25

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

                  VETO 70-- OVERRIDDEN
  Veto 70. Part 1B, Section 27.18, Department of Commerce, page
364, CMRC: SC World Trade Center.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 76; Nays 25

Those who voted in the affirmative are:
Agnew                  Altman                  Anthony
Bales                  Barfield                Battle
Bowers                 Branham                 Breeland
Cato                   Ceips                   Chalk

                                 4102
                   WEDNESDAY, MAY 25, 2005

Chellis                Clark               Clemmons
Clyburn                Cobb-Hunter         Coleman
Cooper                 Dantzler            Davenport
Emory                  Funderburk          Govan
Hardwick               Harrell             Haskins
Hayes                  Herbkersman         J. Hines
M. Hines               Hinson              Hiott
Hosey                  Howard              Huggins
Jefferson              Jennings            Kennedy
Kirsh                  Leach               Limehouse
Littlejohn             Mack                Mahaffey
McCraw                 McGee               McLeod
Merrill                Miller              J. H. Neal
Neilson                Owens               Parks
Perry                  Phillips            Pinson
M. A. Pitts            Sandifer            Scarborough
Scott                  Simrill             Skelton
J. E. Smith            J. R. Smith         Taylor
Thompson               Townsend            Vaughn
Vick                   Weeks               Whipper
White                  Whitmire            Witherspoon
Young

                              Total--76

Those who voted in the negative are:
Bailey                 Ballentine          Bingham
Brady                  Cotty               Delleney
Duncan                 Frye                Hagood
Haley                  Hamilton            Harrison
Lucas                  Norman              E. H. Pitts
Sinclair               D. C. Smith         G. M. Smith
G. R. Smith            W. D. Smith         Stewart
Talley                 Toole               Tripp
Umphlett

                              Total--25

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


                                 4103
                    WEDNESDAY, MAY 25, 2005

                    VETO 71-- SUSTAINED
  Veto 71. Part 1B, Section 27.30, Department of Commerce, page
365, CMRC: Business Development Marketing.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 51; Nays 56

 Those who voted in the affirmative are:
Agnew                   Altman                 Anderson
Bales                   Battle                 Bowers
Branham                 Breeland               G. Brown
R. Brown                Ceips                  Chalk
Clyburn                 Cobb-Hunter            Coleman
Cooper                  Dantzler               Davenport
Edge                    Frye                   Funderburk
Hardwick                Harrell                Hayes
J. Hines                M. Hines               Hosey
Howard                  Jefferson              Jennings
Kennedy                 Leach                  Littlejohn
Mack                    Martin                 McCraw
McLeod                  Miller                 Neilson
Ott                     Parks                  Perry
Pinson                  M. A. Pitts            Scott
J. E. Smith             Vick                   Walker
Weeks                   Whitmire               Witherspoon

                                Total--51

Those who voted in the negative are:
Anthony                Bailey                  Ballentine
Barfield               Bingham                 Brady
Cato                   Chellis                 Clark
Clemmons               Cotty                   Delleney
Duncan                 Emory                   Govan
Hagood                 Haley                   Hamilton
Harrison               Haskins                 Herbkersman
Hinson                 Hiott                   Huggins

                                  4104
                    WEDNESDAY, MAY 25, 2005

Kirsh                   Limehouse              Loftis
Lucas                   Mahaffey               McGee
Merrill                 J. H. Neal             J. M. Neal
Norman                  Phillips               E. H. Pitts
Rice                    Scarborough            Simrill
Sinclair                Skelton                D. C. Smith
G. M. Smith             G. R. Smith            W. D. Smith
Stewart                 Talley                 Taylor
Thompson                Toole                  Townsend
Umphlett                Vaughn                 Viers
White                   Young

                               Total--56

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

                  VETO 72-- OVERRIDDEN
  Veto 72. Part 1B, Section 27.31, Department of Commerce, page
365, CMRC: World Trade Center.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 80; Nays 25

Those who voted in the affirmative are:
Agnew                  Altman                  Anderson
Anthony                Bales                   Barfield
Battle                 Bowers                  Breeland
G. Brown               R. Brown                Cato
Ceips                  Chalk                   Chellis
Clark                  Clemmons                Clyburn
Cobb-Hunter            Coleman                 Cooper
Dantzler               Davenport               Emory
Funderburk             Govan                   Hardwick
Harrell                Haskins                 Hayes
Herbkersman            M. Hines                Hinson
Hiott                  Hosey                   Huggins

                                 4105
                   WEDNESDAY, MAY 25, 2005

Jefferson              Jennings             Kennedy
Kirsh                  Leach                Limehouse
Littlejohn             Loftis               Mack
McCraw                 McGee                McLeod
Merrill                Miller               J. H. Neal
J. M. Neal             Neilson              Ott
Owens                  Parks                Perry
Phillips               Pinson               M. A. Pitts
Rice                   Sandifer             Scarborough
Scott                  Simrill              Skelton
J. E. Smith            J. R. Smith          Taylor
Thompson               Townsend             Vick
Viers                  Walker               Weeks
Whipper                White                Whitmire
Witherspoon            Young

                              Total--80

Those who voted in the negative are:
Bailey                 Ballentine           Bingham
Brady                  Cotty                Delleney
Duncan                 Frye                 Hagood
Haley                  Hamilton             Harrison
Lucas                  Mahaffey             Norman
E. H. Pitts            Sinclair             D. C. Smith
G. M. Smith            G. R. Smith          W. D. Smith
Stewart                Talley               Toole
Umphlett

                              Total--25

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

                    VETO 73-- OVERRIDDEN
  Veto 73. Part 1B, Section 63.4, Budget and Control Board, page
409, BCB: Southern Maritime Collection.

  Rep. HARRELL spoke against the Veto.



                                 4106
                    WEDNESDAY, MAY 25, 2005

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 89; Nays 18

 Those who voted in the affirmative are:
Agnew                   Allen                  Altman
Anderson                Anthony                Bales
Barfield                Battle                 Bingham
Bowers                  Brady                  Branham
Breeland                R. Brown               Cato
Ceips                   Chalk                  Chellis
Clark                   Clemmons               Clyburn
Cobb-Hunter             Coleman                Cooper
Dantzler                Davenport              Delleney
Emory                   Frye                   Govan
Hamilton                Hardwick               Harrell
Haskins                 Hayes                  Herbkersman
Hinson                  Hiott                  Hosey
Huggins                 Jefferson              Jennings
Kennedy                 Leach                  Limehouse
Littlejohn              Loftis                 Lucas
Mack                    Mahaffey               McCraw
McGee                   McLeod                 Merrill
Miller                  J. H. Neal             J. M. Neal
Neilson                 Ott                    Owens
Parks                   Perry                  Phillips
Pinson                  M. A. Pitts            Rhoad
Rice                    Rutherford             Sandifer
Scarborough             Scott                  Simrill
Sinclair                Skelton                G. R. Smith
J. E. Smith             J. R. Smith            Taylor
Toole                   Townsend               Umphlett
Vick                    Viers                  Walker
Weeks                   Whipper                Whitmire
Witherspoon             Young

                                Total--89

Those who voted in the negative are:
Bailey                 Ballentine              Cotty

                                  4107
                    WEDNESDAY, MAY 25, 2005

Duncan                  Edge                   Funderburk
Haley                   Harrison               Kirsh
Norman                  E. H. Pitts            D. C. Smith
G. M. Smith             W. D. Smith            Stewart
Talley                  Thompson               White

                                Total--18

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

                     VETO 74-- OVERRIDDEN
  Veto 74. Part 1B, Section 63.40, Budget and Control Board, page
416, BCB: Sale of Surplus Property.

  Rep. HARRELL spoke against the Veto.

              ACTING SPEAKER COLEMAN IN CHAIR

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 77; Nays 25

 Those who voted in the affirmative are:
Agnew                   Allen                  Altman
Anderson                Anthony                Bales
Barfield                Battle                 Bowers
Branham                 Breeland               R. Brown
Cato                    Ceips                  Chalk
Chellis                 Clemmons               Clyburn
Cobb-Hunter             Coleman                Cooper
Cotty                   Dantzler               Delleney
Edge                    Funderburk             Hamilton
Hardwick                Harrell                Haskins
Hayes                   Herbkersman            J. Hines
M. Hines                Hinson                 Hiott
Hosey                   Howard                 Jefferson
Jennings                Kennedy                Leach
Littlejohn              Loftis                 Lucas
Mack                    McCraw                 McGee

                                  4108
                   WEDNESDAY, MAY 25, 2005

McLeod                 J. H. Neal              J. M. Neal
Neilson                Parks                   Perry
Phillips               Pinson                  Rhoad
Rice                   Rutherford              Sandifer
Scott                  Sinclair                Skelton
D. C. Smith            G. R. Smith             J. E. Smith
J. R. Smith            Taylor                  Umphlett
Vick                   Walker                  Weeks
Whipper                White                   Whitmire
Witherspoon            Young

                              Total--77

Those who voted in the negative are:
Ballentine             Bingham                 Clark
Duncan                 Frye                    Hagood
Haley                  Harrison                Huggins
Limehouse              Mahaffey                Merrill
Norman                 Owens                   E. H. Pitts
M. A. Pitts            Scarborough             Simrill
G. M. Smith            Stewart                 Talley
Thompson               Toole                   Townsend
Viers

                              Total--25

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

               SPEAKER PRO TEMPORE IN CHAIR

                      VETO 75-- SUSTAINED
  Veto 75 . Part 1B, Section 72.83, Budget and Control Board, page
443, GP: SC Enterprise Information System.

  Rep. HARRELL spoke in favor of the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 19; Nays 86

                                 4109
                    WEDNESDAY, MAY 25, 2005

 Those who voted in the affirmative are:
Allen                   Bales               Bowers
Breeland                R. Brown            Coleman
Funderburk              Hayes               M. Hines
Hosey                   Jennings            Kennedy
Mack                    Parks               Rutherford
J. E. Smith             Vick                Weeks
Whipper

                                Total--19

 Those who voted in the negative are:
Altman                  Anderson            Anthony
Bailey                  Ballentine          Barfield
Battle                  Bingham             Brady
Cato                    Ceips               Chalk
Chellis                 Clark               Clemmons
Clyburn                 Cobb-Hunter         Cooper
Cotty                   Dantzler            Davenport
Delleney                Duncan              Edge
Emory                   Frye                Hagood
Haley                   Hamilton            Hardwick
Harrell                 Harrison            Haskins
Herbkersman             J. Hines            Hinson
Hiott                   Huggins             Jefferson
Kirsh                   Leach               Littlejohn
Lucas                   Mahaffey            Martin
McCraw                  McGee               McLeod
Merrill                 Miller              J. M. Neal
Neilson                 Norman              Ott
Perry                   Phillips            Pinson
E. H. Pitts             M. A. Pitts         Rhoad
Rice                    Sandifer            Scarborough
Simrill                 Sinclair            Skelton
D. C. Smith             G. M. Smith         G. R. Smith
J. R. Smith             W. D. Smith         Stewart
Talley                  Taylor              Thompson
Toole                   Townsend            Tripp
Umphlett                Vaughn              Viers



                                  4110
                    WEDNESDAY, MAY 25, 2005

Walker                  White                  Whitmire
Witherspoon             Young

                                Total--86

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

                    VETO 76-- SUSTAINED
  Veto 76. Part 1B, Section 72.103, Budget and Control Board, page
447, GP: SCEIS.

  Rep. HARRELL spoke in favor of the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 11; Nays 88

 Those who voted in the affirmative are:
Bales                   Bowers                 Coleman
Funderburk              Jennings               Kennedy
Parks                   M. A. Pitts            Rutherford
J. E. Smith             Vick

                                Total--11

Those who voted in the negative are:
Altman                 Anderson                Anthony
Bailey                 Ballentine              Barfield
Battle                 Bingham                 Brady
Breeland               R. Brown                Cato
Ceips                  Chalk                   Chellis
Clark                  Clemmons                Clyburn
Cobb-Hunter            Cotty                   Dantzler
Davenport              Delleney                Duncan
Edge                   Frye                    Hagood
Haley                  Hamilton                Harrell
Harrison               Haskins                 Hayes
Herbkersman            J. Hines                M. Hines
Hinson                 Hiott                   Hosey

                                  4111
                    WEDNESDAY, MAY 25, 2005

Jefferson               Kirsh                  Leach
Littlejohn              Lucas                  Mahaffey
Martin                  McCraw                 McGee
McLeod                  Merrill                Miller
J. M. Neal              Neilson                Norman
Ott                     Perry                  Phillips
Pinson                  E. H. Pitts            Rhoad
Rice                    Sandifer               Scarborough
Scott                   Simrill                Sinclair
Skelton                 D. C. Smith            G. M. Smith
G. R. Smith             J. R. Smith            W. D. Smith
Stewart                 Talley                 Taylor
Thompson                Toole                  Townsend
Tripp                   Umphlett               Vaughn
Walker                  Weeks                  Whipper
White                   Whitmire               Witherspoon
Young

                               Total--88

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

                     VETO 77-- OVERRIDDEN
  Veto 77. Part 1B, Section 72.107, Budget and Control Board, page
447, GP: S.C. Research Center Innovation Centers.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 82; Nays 20

Those who voted in the affirmative are:
Agnew                  Allen                   Altman
Anderson               Anthony                 Bailey
Bales                  Ballentine              Barfield
Battle                 Bingham                 Bowers
Brady                  Breeland                G. Brown
R. Brown               Cato                    Ceips

                                 4112
                   WEDNESDAY, MAY 25, 2005

Chalk                  Chellis             Clark
Clemmons               Clyburn             Cobb-Hunter
Coleman                Cooper              Dantzler
Davenport              Edge                Emory
Funderburk             Haley               Hamilton
Hardwick               Harrell             Harrison
Haskins                Hayes               J. Hines
Hinson                 Hiott               Huggins
Jefferson              Jennings            Kennedy
Kirsh                  Leach               Littlejohn
Mack                   Martin              McCraw
McLeod                 Merrill             Miller
J. H. Neal             J. M. Neal          Neilson
Ott                    Parks               Perry
Pinson                 M. A. Pitts         Rice
Rutherford             Sandifer            Scott
Skelton                G. R. Smith         J. E. Smith
J. R. Smith            Talley              Taylor
Thompson               Toole               Townsend
Vaughn                 Vick                Weeks
White                  Whitmire            Witherspoon
Young

                              Total--82

Those who voted in the negative are:
Cotty                  Delleney            Duncan
Frye                   Hagood              Lucas
Mahaffey               McGee               Norman
E. H. Pitts            Scarborough         Simrill
Sinclair               G. M. Smith         W. D. Smith
Stewart                Tripp               Umphlett
Viers                  Walker

                              Total--20

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




                                 4113
                    WEDNESDAY, MAY 25, 2005

                     VETO 78-- OVERRIDDEN
  Veto 78. Part 1B, Section 73.17, Statewide Revenue, page 453,
SR: Increased Enforcement Collections, J02 Department of Health and
Human Services, Health Care Information and Referral Network,
$104,142.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 86; Nays 15

 Those who voted in the affirmative are:
Agnew                   Altman                 Anderson
Anthony                 Bailey                 Bales
Barfield                Bowers                 Brady
Branham                 Breeland               G. Brown
R. Brown                Cato                   Ceips
Chalk                   Chellis                Clark
Clyburn                 Cobb-Hunter            Coleman
Cooper                  Dantzler               Davenport
Delleney                Emory                  Funderburk
Govan                   Hamilton               Hardwick
Harrell                 Harrison               Haskins
Hayes                   Herbkersman            J. Hines
Hinson                  Hiott                  Hosey
Howard                  Huggins                Jefferson
Jennings                Kennedy                Kirsh
Leach                   Littlejohn             Lucas
Mahaffey                Martin                 McCraw
McGee                   McLeod                 Merrill
Miller                  J. H. Neal             J. M. Neal
Neilson                 Ott                    Parks
Perry                   Phillips               Pinson
Rhoad                   Rice                   Rutherford
Sandifer                Scarborough            Scott
Simrill                 Sinclair               Skelton
J. E. Smith             J. R. Smith            Taylor
Thompson                Townsend               Umphlett
Vaughn                  Vick                   Viers

                                  4114
                    WEDNESDAY, MAY 25, 2005

Walker                  Weeks                  White
Whitmire                Young

                                Total--86

Those who voted in the negative are:
Ballentine             Bingham                 Cotty
Duncan                 Hagood                  Haley
Norman                 E. H. Pitts             D. C. Smith
G. M. Smith            G. R. Smith             W. D. Smith
Stewart                Talley                  Toole

                                Total--15

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

                     VETO 79-- OVERRIDDEN
  Veto 79. Part 1B, Section 73.17, Statewide Revenue, page 453,
SR: Increased Enforcement Collections, H15 University of Charleston,
School of Business: Office of Tourism Analysis, $129,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 89; Nays 17

Those who voted in the affirmative are:
Agnew                  Allen                   Altman
Anderson               Anthony                 Bailey
Bales                  Barfield                Battle
Bowers                 Brady                   Branham
Breeland               G. Brown                R. Brown
Cato                   Ceips                   Chalk
Chellis                Clemmons                Clyburn
Cobb-Hunter            Coleman                 Cooper
Cotty                  Dantzler                Davenport
Edge                   Emory                   Funderburk
Govan                  Haley                   Hardwick

                                  4115
                   WEDNESDAY, MAY 25, 2005

Harrell                Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hiott                  Hosey
Howard                 Huggins                Jefferson
Jennings               Kirsh                  Leach
Littlejohn             Mack                   Mahaffey
Martin                 McLeod                 Merrill
Miller                 J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Perry                  Phillips               Pinson
Rhoad                  Rice                   Rutherford
Sandifer               Scarborough            Simrill
Skelton                D. C. Smith            G. M. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Taylor                 Thompson               Toole
Townsend               Umphlett               Vaughn
Vick                   Viers                  Weeks
Whipper                White                  Whitmire
Witherspoon            Young

                              Total--89

Those who voted in the negative are:
Ballentine             Bingham                Delleney
Duncan                 Frye                   Hagood
Hamilton               Harrison               Lucas
Norman                 E. H. Pitts            Sinclair
G. R. Smith            Stewart                Talley
Tripp                  Walker

                              Total--17

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

                     VETO 80-- OVERRIDDEN
  Veto 80. Part 1B, Section 73.17, Statewide Revenue, page 453,
SR: Increased Enforcement Collections, H15 University of Charleston,
Avery Research Center, $100,000.

  Rep. HARRELL spoke against the Veto.

                                 4116
                    WEDNESDAY, MAY 25, 2005

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 76; Nays 22

 Those who voted in the affirmative are:
Agnew                   Allen                  Altman
Anderson                Anthony                Bailey
Bales                   Barfield               Battle
Bowers                  Brady                  Branham
Breeland                R. Brown               Cato
Ceips                   Chalk                  Chellis
Clark                   Clemmons               Cobb-Hunter
Coleman                 Cooper                 Cotty
Dantzler                Davenport              Emory
Funderburk              Govan                  Hamilton
Hardwick                Harrell                Haskins
Hayes                   Herbkersman            J. Hines
M. Hines                Hinson                 Hosey
Howard                  Jefferson              Kirsh
Leach                   Limehouse              Mack
Martin                  McGee                  McLeod
J. H. Neal              Neilson                Ott
Parks                   Perry                  Pinson
Rhoad                   Rice                   Sandifer
Scarborough             Scott                  Simrill
Skelton                 D. C. Smith            G. M. Smith
J. E. Smith             J. R. Smith            Taylor
Townsend                Umphlett               Vaughn
Vick                    Viers                  Weeks
Whipper                 White                  Whitmire
Witherspoon

                                Total--76

Those who voted in the negative are:
Ballentine             Bingham                 Delleney
Duncan                 Frye                    Hagood
Haley                  Hiott                   Huggins
Lucas                  Mahaffey                Merrill
Norman                 E. H. Pitts             Sinclair

                                  4117
                  WEDNESDAY, MAY 25, 2005

G. R. Smith           Stewart               Talley
Thompson              Toole                 Tripp
Walker

                             Total--22

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

  Further proceedings were interrupted by the Joint Assembly, the
pending question being consideration of Vetoes.

                         JOINT ASSEMBLY
  At 12:00 noon the Senate appeared in the Hall of the House. The
President of the Senate called the Joint Assembly to order and
announced that it had convened under the terms of a Concurrent
Resolution adopted by both Houses.

          ELECTION OF A CIRCUIT COURT JUDGE,
    AT-LARGE, SEAT 12 AND A FAMILY COURT JUDGE,
             SIXTH JUDICIAL CIRCUIT, SEAT 1
  The Reading Clerk of the House read the following Concurrent
Resolution:

S. 751 -- Senators McConnell, Moore and Ritchie: A CONCURRENT
RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 25,
2005, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN
JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 12, WHOSE
TERM EXPIRES JUNE 30, 2008; AND TO ELECT A SUCCESSOR
TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE
SIXTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES
JUNE 30, 2007.

   The PRESIDENT recognized Senator McConnell, Chairman of the
Judicial Merit Selection Commission.

          ELECTION OF A FAMILY COURT JUDGE,
            SIXTH JUDICIAL CIRCUIT, SEAT 1




                                4118
                   WEDNESDAY, MAY 25, 2005

    Senator McConnell, on behalf of the Judicial Merit Selection
Commission, stated that Brian M. Gibbons had been screened, found
qualified and placed his name in nomination.
    On motion of Senator McConnell, nominations were closed, and
with unanimous consent, the vote was taken by acclamation, resulting
in the election of the nominee.
    Whereupon, the Honorable Brian M. Gibbons was duly elected for
the term prescribed by law.

          ELECTION OF A CIRCUIT COURT JUDGE,
                        AT-LARGE, SEAT 12
   The PRESIDENT announced that nominations were in order for a
Circuit Court Judge, At-Large, Seat 12.
   Senator McConnell, on behalf of the Judicial Merit Selection
Commission, stated that the following candidates had been screened,
found qualified, and placed their names in nomination: Debra J.
Gammons, Frederick A. “Rick” Hoefer II and Thomas A. Russo.

   The Reading Clerk of the Senate called the roll of the Senate, and
the Senators voted viva voce as their names were called.

  The following named Senators voted for Gammons:
Anderson             Courson                Jackson
McConnell            Reese                  Ritchie
Thomas

                              Total--7

   The following named Senators voted for Hoefer:
Alexander             Drummond                Hayes
Hutto                 Knotts                  Lourie
Malloy                Pinckney                Richardson
Setzler               Sheheen                 Smith, J. V.

                             Total--12

  The following named Senators voted for Russo:
Bryant               Campsen                 Cleary
Cromer               Elliott                 Fair
Grooms               Hawkins                 Land
Leatherman           Martin                  Matthews

                                 4119
                   WEDNESDAY, MAY 25, 2005

McGill                 Mescher                Moore
O’Dell                 Patterson              Peeler
Ryberg                 Scott                  Verdin
Williams

                             Total--22

    On motion of Rep. SCOTT, with unanimous consent, the members
of the House voted by electronic roll call.

The following named Representatives voted for Gammons:
Allen                Bales                    Brown, J.
Brown, R.            Emory                    Funderburk
Govan                Hines, J.                Hosey
McLeod               Rutherford               Scott
Skelton

                             Total--13

  The following named Representatives voted for Hoefer:
Agnew                 Altman                  Anderson
Ballentine            Barfield                Bingham
Bowers                Brady                   Breeland
Brown, G.             Cobb-Hunter             Coleman
Cooper                Cotty                   Delleney
Hagood                Haley                   Hardwick
Harrison              Hines, M.               Howard
Huggins               Jennings                Kennedy
Lee                   Lucas                   Mack
Martin                McCraw                  McGee
Miller                Neal, J.H.              Neal, J.M.
Norman                Ott                     Phillips
Sandifer              Simrill                 Sinclair
Smith, G.M.           Smith, J.E.             Talley
Thompson              Toole                   Townsend
Weeks                 Whipper

                             Total--47




                                   4120
                             WEDNESDAY, MAY 25, 2005

  The following named Representatives voted for Russo:
Anthony               Bailey                  Battle
Branham               Cato                    Ceips
Chalk                 Chellis                 Clark
Clemmons              Clyburn                 Dantzler
Davenport             Duncan                  Edge
Frye                  Hamilton                Harrell
Haskins               Hayes                   Herbkersman
Hinson                Hiott                   Jefferson
Kirsh                 Leach                   Limehouse
Littlejohn            Loftis                  Mahaffey
Merrill               Neilson                 Owens
Parks                 Perry                   Pinson
Pitts, E.H.           Pitts, M.A.             Rhoad
Rice                  Scarborough             Smith, D.C.
Smith, G.R.           Smith, J.R.             Smith, W.D.
Stewart               Taylor                  Umphlett
Vaughn                Vick                    Viers
Walker                White                   Whitmire
Young

                                            Total--55

                               RECAPITULATION
Total number of Senators voting......................................................... 41
Total number of Representatives voting ........................................... 115
Grand Total ....................................................................................... 156
Necessary to a choice .......................................................................... 79
Of which Gammons received.............................................................. 20
Of which Hoefer received ................................................................... 59
Of which Russo received .................................................................... 77

  Whereupon, the President announced that none of the candidates
having received the necessary vote, the Joint Assembly proceeded to
the next ballot.

  Rep. JENNINGS stated that Debra J. Gammons had withdrawn from
the race.

   The Reading Clerk of the Senate called the roll of the Senate, and
the Senators voted viva voce as their names were called.

                                                  4121
                   WEDNESDAY, MAY 25, 2005

   The following named Senators voted for Hoefer:
Alexander             Anderson                Courson
Drummond              Hayes                   Hutto
Jackson               Knotts                  Lourie
Malloy                Pinckney                Richardson
Setzler               Sheheen                 Smith, J. V.

                             Total--15

   The following named Senators voted for Russo:
Bryant                Campsen                 Cleary
Cromer                Elliott                 Fair
Grooms                Hawkins                 Land
Leatherman            Martin                  Matthews
McConnell             McGill                  Mescher
Moore                 O’Dell                  Patterson
Peeler                Reese                   Ryberg
Scott                 Thomas                  Verdin
Williams

                             Total--25

    On motion of Rep. SCOTT, with unanimous consent, the members
of the House voted by electronic roll call.

  The following named Representatives voted for Hoefer:
Agnew                 Allen                   Altman
Bales                 Ballentine              Barfield
Bingham               Bowers                  Brady
Breeland              Brown, G.               Brown, R.
Cobb-Hunter           Coleman                 Cooper
Cotty                 Delleney                Emory
Funderburk            Hagood                  Haley
Hardwick              Harrison                Hines, J.
Hines, M.             Hosey                   Howard
Huggins               Jennings                Kennedy
Lee                   Lucas                   Mack
McCraw                McGee                   McLeod
Miller                Neal, J.H.              Neal, J.M.
Norman                Ott                     Phillips
Sandifer              Scott                   Simrill

                                4122
                             WEDNESDAY, MAY 25, 2005

Sinclair                           Smith, G.M.                        Smith, J.E.
Thompson                           Toole                              Townsend
Weeks                              Whipper

                                            Total--53

  The following named Representatives voted for Russo:
Anderson              Anthony                 Bailey
Battle                Branham                 Brown, J.
Cato                  Ceips                   Chalk
Chellis               Clark                   Clemmons
Clyburn               Dantzler                Davenport
Duncan                Edge                    Frye
Govan                 Hamilton                Harrell
Haskins               Hayes                   Herbkersman
Hinson                Hiott                   Jefferson
Kirsh                 Leach                   Limehouse
Littlejohn            Loftis                  Mahaffey
Martin                Merrill                 Neilson
Owens                 Parks                   Perry
Pinson                Pitts, E.H.             Pitts, M.A.
Rhoad                 Rice                    Rutherford
Scarborough           Skelton                 Smith, D.C.
Smith, G.R.           Smith, J.R.             Smith, W.D.
Stewart               Taylor                  Umphlett
Vaughn                Vick                    Viers
Walker                White                   Whitmire
Young

                                            Total--61

                               RECAPITULATION
Total number of Senators voting......................................................... 40
Total number of Representatives voting ........................................... 114
Grand Total ....................................................................................... 154
Necessary to a choice .......................................................................... 78
Of which Hoefer received ................................................................... 68
Of which Russo received .................................................................... 86

  Whereupon, the PRESIDENT announced that Thomas A. Russo
was duly elected for the term prescribed by law.

                                                  4123
                   WEDNESDAY, MAY 25, 2005

                    JOINT ASSEMBLY RECEDES
  The purposes of the Joint Assembly having been accomplished, the
PRESIDENT announced that under the terms of the Concurrent
Resolution the Joint Assembly would recede from business.
  The Senate accordingly retired to its Chamber.

                      THE HOUSE RESUMES
   At 12:30 p.m. the House resumed, the SPEAKER PRO TEMPORE
in the Chair.

  Rep. LEACH moved that the House recede until 1:45 p.m., which
was agreed to.

                      THE HOUSE RESUMES
  At 1:45 p.m. the House resumed, the SPEAKER PRO TEMPORE in
the Chair.

                        POINT OF QUORUM
  The question of a quorum was raised.
  A quorum was later present.

              R. 73, H. 3716--INTERRUPTED DEBATE
  Debate was resumed on the following Act, the pending question
being the consideration of vetoes:

  (R73) H. 3716 -- Ways and Means Committee: AN ACT TO MAKE
APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET
THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR
THE FISCAL YEAR BEGINNING, JULY 1, 2005; TO REGULATE
THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER
PROVIDE FOR THE OPERATION OF STATE GOVERNMENT
DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

                      VETO 81-- SUSTAINED
  Veto 81. Part 1B, Section 73.17, Statewide Revenue, page 453,
SR: Increased Enforcement Collections, H18 Francis Marion
University, Omega Project, $18,853.

  Rep. HARRELL spoke against the Veto.



                               4124
                    WEDNESDAY, MAY 25, 2005

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 56; Nays 31

 Those who voted in the affirmative are:
Anthony                 Bales                  Barfield
Battle                  Bowers                 Branham
Breeland                G. Brown               Cato
Ceips                   Chalk                  Clark
Clemmons                Clyburn                Cobb-Hunter
Coleman                 Cooper                 Duncan
Emory                   Funderburk             Hardwick
Hayes                   J. Hines               M. Hines
Hiott                   Hosey                  Jefferson
Jennings                Kennedy                Leach
Limehouse               Littlejohn             Lucas
Mack                    McCraw                 McGee
McLeod                  J. H. Neal             J. M. Neal
Ott                     Perry                  Phillips
Pinson                  Sandifer               Scarborough
Scott                   Skelton                J. E. Smith
W. D. Smith             Taylor                 Townsend
Vaughn                  Vick                   Whipper
Whitmire                Witherspoon

                                Total--56

Those who voted in the negative are:
Ballentine             Bingham                 Brady
Cotty                  Dantzler                Delleney
Edge                   Frye                    Hagood
Haley                  Harrell                 Hinson
Huggins                Kirsh                   Mahaffey
Merrill                Norman                  E. H. Pitts
Rice                   Simrill                 Sinclair
D. C. Smith            G. M. Smith             J. R. Smith
Stewart                Talley                  Thompson




                                  4125
                    WEDNESDAY, MAY 25, 2005

Toole                   Umphlett               White
Young

                                Total--31

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

                     VETO 82-- OVERRIDDEN
  Veto 82. Part 1B, Section 73.17, Statewide Revenue, page 453,
SR: Increased Enforcement Collections, H18 Francis Marion
University, Francis Marion Trail, $110,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 76; Nays 21

 Those who voted in the affirmative are:
Anthony                 Bales                  Ballentine
Barfield                Battle                 Bowers
Branham                 Breeland               G. Brown
J. Brown                R. Brown               Cato
Ceips                   Chalk                  Chellis
Clark                   Clemmons               Clyburn
Cobb-Hunter             Coleman                Cooper
Dantzler                Edge                   Emory
Funderburk              Hardwick               Harrell
Haskins                 Hayes                  J. Hines
M. Hines                Hinson                 Hiott
Hosey                   Jefferson              Jennings
Kennedy                 Leach                  Limehouse
Littlejohn              Loftis                 Lucas
Mack                    Martin                 McCraw
McGee                   McLeod                 Merrill
Miller                  J. H. Neal             J. M. Neal
Ott                     Owens                  Perry
Phillips                Pinson                 M. A. Pitts
Sandifer                Scarborough            Scott

                                   4126
                    WEDNESDAY, MAY 25, 2005

Simrill                 Sinclair               Skelton
J. E. Smith             J. R. Smith            W. D. Smith
Stewart                 Taylor                 Townsend
Umphlett                Vaughn                 Vick
Weeks                   Whipper                Whitmire
Young

                               Total--76

Those who voted in the negative are:
Bailey                 Bingham                 Brady
Cotty                  Delleney                Duncan
Frye                   Hagood                  Haley
Huggins                Kirsh                   Mahaffey
Norman                 E. H. Pitts             Rice
D. C. Smith            G. M. Smith             Talley
Thompson               Toole                   White

                               Total--21

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

                     VETO 83-- OVERRIDDEN
  Veto 83. Part 1B, Section 73.17, Statewide Revenue, page 453,
SR: Increased Enforcement Collections, H27 University of South
Carolina – Columbia, Poison Control Center, $200,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 100; Nays 4

Those who voted in the affirmative are:
Agnew                  Anderson                Anthony
Bales                  Ballentine              Barfield
Battle                 Bingham                 Bowers
Brady                  Branham                 Breeland
G. Brown               J. Brown                R. Brown

                                 4127
                   WEDNESDAY, MAY 25, 2005

Cato                   Ceips               Chalk
Chellis                Clark               Clemmons
Clyburn                Cobb-Hunter         Coleman
Cooper                 Cotty               Dantzler
Davenport              Delleney            Duncan
Emory                  Frye                Funderburk
Govan                  Hagood              Haley
Hamilton               Hardwick            Harrell
Haskins                Hayes               J. Hines
M. Hines               Hinson              Hiott
Hosey                  Howard              Huggins
Jefferson              Jennings            Kennedy
Kirsh                  Leach               Limehouse
Littlejohn             Loftis              Lucas
Mack                   Mahaffey            Martin
McCraw                 McGee               Merrill
Miller                 J. H. Neal          J. M. Neal
Ott                    Owens               Parks
Perry                  Phillips            Pinson
E. H. Pitts            Rhoad               Sandifer
Scarborough            Scott               Simrill
Sinclair               Skelton             D. C. Smith
G. M. Smith            G. R. Smith         J. E. Smith
J. R. Smith            W. D. Smith         Talley
Taylor                 Thompson            Toole
Townsend               Umphlett            Vaughn
Vick                   Weeks               Whipper
White                  Whitmire            Witherspoon
Young

                              Total--100

Those who voted in the negative are:
Bailey                 Norman              Rice
Stewart

                               Total--4

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


                                 4128
                    WEDNESDAY, MAY 25, 2005

                     RECORD FOR VOTING
    I missed the vote on Veto No. 83 and would have voted to
override. I was in a conference with Senator Cromer regarding
postponing the implementation of reassessment in Newberry County.
    Rep. Walt McLeod

                   VETO 84-- OVERRIDDEN
   Veto 84. Part 1B, Section 73.17, Statewide Revenue, page 453,
SR: Increased Enforcement Collections, H27 University of South
Carolina – Columbia, Augusta Baker Chair for Childhood Literacy,
$1,500,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 89; Nays 17

 Those who voted in the affirmative are:
Agnew                   Anderson               Anthony
Bales                   Ballentine             Barfield
Battle                  Bowers                 Brady
Branham                 Breeland               G. Brown
R. Brown                Cato                   Ceips
Chalk                   Chellis                Clark
Clemmons                Clyburn                Cobb-Hunter
Coleman                 Cooper                 Cotty
Dantzler                Davenport              Delleney
Edge                    Emory                  Funderburk
Govan                   Hardwick               Harrell
Harrison                Haskins                Hayes
Herbkersman             J. Hines               M. Hines
Hinson                  Hiott                  Hosey
Howard                  Huggins                Jefferson
Jennings                Kennedy                Leach
Limehouse               Littlejohn             Lucas
Mack                    Martin                 McCraw
McGee                   McLeod                 Miller
J. H. Neal              J. M. Neal             Ott
Owens                   Parks                  Perry

                                  4129
                    WEDNESDAY, MAY 25, 2005

Phillips                Pinson                 M. A. Pitts
Rhoad                   Rice                   Scarborough
Scott                   Sinclair               Skelton
D. C. Smith             J. E. Smith            J. R. Smith
W. D. Smith             Taylor                 Thompson
Townsend                Umphlett               Vaughn
Vick                    Viers                  Weeks
Whipper                 White                  Whitmire
Witherspoon             Young

                               Total--89

Those who voted in the negative are:
Bingham                Duncan                  Frye
Hagood                 Haley                   Hamilton
Kirsh                  Mahaffey                Merrill
Norman                 E. H. Pitts             Simrill
G. M. Smith            G. R. Smith             Stewart
Talley                 Toole

                               Total--17

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

                     VETO 85-- OVERRIDDEN
  Veto 85. Part 1B, Section 73.17, Statewide Revenue, page 453,
SR: Increased Enforcement Collections, H12 Clemson University, Call
Me Mister, $1,300,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 92; Nays 10

Those who voted in the affirmative are:
Agnew                  Anderson                Anthony
Bailey                 Bales                   Ballentine
Barfield               Battle                  Bowers

                                 4130
                   WEDNESDAY, MAY 25, 2005

Brady                  Branham             Breeland
G. Brown               J. Brown            R. Brown
Cato                   Ceips               Chalk
Chellis                Clark               Clemmons
Clyburn                Cobb-Hunter         Coleman
Cooper                 Cotty               Dantzler
Davenport              Duncan              Emory
Funderburk             Govan               Hagood
Haley                  Hardwick            Harrell
Haskins                Hayes               Herbkersman
J. Hines               M. Hines            Hiott
Hosey                  Howard              Huggins
Jefferson              Jennings            Kennedy
Kirsh                  Leach               Limehouse
Littlejohn             Lucas               Mack
Mahaffey               Martin              McCraw
McGee                  McLeod              Miller
J. H. Neal             J. M. Neal          Ott
Owens                  Parks               Perry
Phillips               Pinson              M. A. Pitts
Rhoad                  Rice                Scarborough
Scott                  Sinclair            Skelton
D. C. Smith            G. R. Smith         J. E. Smith
J. R. Smith            W. D. Smith         Talley
Thompson               Townsend            Umphlett
Vaughn                 Vick                Viers
Weeks                  Whipper             White
Whitmire               Witherspoon

                              Total--92

Those who voted in the negative are:
Bingham                Delleney            Edge
Merrill                Norman              E. H. Pitts
Simrill                G. M. Smith         Stewart
Toole

                              Total--10

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

                                 4131
                    WEDNESDAY, MAY 25, 2005

                    VETO 86-- OVERRIDDEN
  Veto 86. Part 1B, Section 73.17, Statewide Revenue, page 453,
SR: Increased Enforcement Collections, H47 Winthrop University,
Thurmond College of Business Administration, $1,000,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 77; Nays 23

 Those who voted in the affirmative are:
Agnew                   Anderson               Anthony
Bales                   Battle                 Bowers
Branham                 Breeland               G. Brown
J. Brown                R. Brown               Cato
Ceips                   Chalk                  Chellis
Clark                   Clemmons               Clyburn
Coleman                 Cooper                 Dantzler
Davenport               Delleney               Emory
Funderburk              Govan                  Harrell
Harrison                Haskins                Hayes
J. Hines                M. Hines               Hinson
Hiott                   Hosey                  Huggins
Jefferson               Jennings               Kennedy
Kirsh                   Leach                  Limehouse
Littlejohn              Mack                   Mahaffey
Martin                  McCraw                 McGee
Miller                  J. H. Neal             J. M. Neal
Ott                     Owens                  Parks
Perry                   Phillips               Pinson
Rhoad                   Rice                   Scarborough
Scott                   Simrill                Sinclair
Skelton                 D. C. Smith            J. E. Smith
J. R. Smith             W. D. Smith            Talley
Taylor                  Townsend               Vaughn
Viers                   Whipper                White
Whitmire                Young

                                Total--77

                                  4132
                    WEDNESDAY, MAY 25, 2005

Those who voted in the negative are:
Bailey                 Ballentine              Bingham
Brady                  Cotty                   Duncan
Edge                   Frye                    Hagood
Haley                  Hardwick                Herbkersman
Loftis                 Lucas                   Merrill
Norman                 E. H. Pitts             M. A. Pitts
G. M. Smith            Stewart                 Thompson
Toole                  Weeks

                               Total--23

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

                      VETO 87-- OVERRIDDEN
   Veto 87. Part 1B, Section 73.17, Statewide Revenue, page 453,
SR: Increased Enforcement Collections, E24 Adjutant General’s
Office, Air Guard, $100,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 94; Nays 11

Those who voted in the affirmative are:
Agnew                  Anderson                Anthony
Bailey                 Bales                   Barfield
Battle                 Bingham                 Bowers
Brady                  Branham                 Breeland
G. Brown               J. Brown                R. Brown
Cato                   Ceips                   Chalk
Chellis                Clark                   Clemmons
Clyburn                Cobb-Hunter             Coleman
Cooper                 Cotty                   Dantzler
Davenport              Delleney                Edge
Emory                  Frye                    Funderburk
Govan                  Haley                   Hamilton
Hardwick               Harrell                 Haskins

                                 4133
                   WEDNESDAY, MAY 25, 2005

Herbkersman            J. Hines              M. Hines
Hiott                  Hosey                 Huggins
Jefferson              Jennings              Kennedy
Kirsh                  Leach                 Limehouse
Littlejohn             Lucas                 Mack
Mahaffey               Martin                McCraw
McLeod                 Miller                J. H. Neal
J. M. Neal             Neilson               Ott
Owens                  Parks                 Perry
Phillips               Pinson                E. H. Pitts
M. A. Pitts            Rhoad                 Rice
Sandifer               Scarborough           Scott
Simrill                Skelton               G. M. Smith
J. E. Smith            J. R. Smith           Taylor
Thompson               Toole                 Townsend
Umphlett               Vaughn                Vick
Viers                  Weeks                 Whipper
White                  Whitmire              Witherspoon
Young

                              Total--94

Those who voted in the negative are:
Duncan                 Hagood                Hinson
Merrill                Norman                Sinclair
D. C. Smith            G. R. Smith           W. D. Smith
Stewart                Talley

                              Total--11

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

                     RECORD FOR VOTING
   I was with a constituent outside the Chamber during the vote on
Veto No. 87. I would have voted to sustain the veto.
   Rep. Nathan Ballentine




                                 4134
                    WEDNESDAY, MAY 25, 2005

                     VETO 88-- OVERRIDDEN
   Veto 88. Part 1B, Section 73.17, Statewide Revenue, page 453,
SR: Increased Enforcement Collections, U12 Department of
Transportation, Mass Transit, $1,300,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 75; Nays 28

 Those who voted in the affirmative are:
Anderson                Bailey                 Bales
Barfield                Battle                 Bowers
Brady                   Branham                Breeland
G. Brown                J. Brown               Cato
Ceips                   Chalk                  Chellis
Clark                   Clemmons               Clyburn
Cobb-Hunter             Coleman                Cooper
Dantzler                Davenport              Edge
Emory                   Funderburk             Govan
Hamilton                Hardwick               Harrell
Harrison                Haskins                Hayes
J. Hines                M. Hines               Hinson
Hosey                   Jefferson              Jennings
Kennedy                 Leach                  Limehouse
Littlejohn              Mack                   Martin
McCraw                  McLeod                 Miller
J. H. Neal              J. M. Neal             Neilson
Ott                     Owens                  Parks
Perry                   Phillips               Pinson
M. A. Pitts             Rhoad                  Rice
Scarborough             Scott                  Skelton
G. R. Smith             J. E. Smith            J. R. Smith
Taylor                  Townsend               Vaughn
Vick                    Viers                  Weeks
Whipper                 Whitmire               Witherspoon

                                Total--75


                                  4135
                    WEDNESDAY, MAY 25, 2005

Those who voted in the negative are:
Agnew                  Bingham                 Cotty
Delleney               Duncan                  Frye
Hagood                 Haley                   Hiott
Kirsh                  Loftis                  Lucas
Mahaffey               McGee                   Merrill
Norman                 E. H. Pitts             Sandifer
Simrill                Sinclair                D. C. Smith
G. M. Smith            W. D. Smith             Stewart
Thompson               Toole                   Umphlett
White

                                Total--28

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

                     RECORD FOR VOTING
   I was with a constituent outside the Chamber during the vote on
Veto No. 88. I would have voted to sustain the veto.
   Rep. Nathan Ballentine

                    VETO 89-- OVERRIDDEN
  Veto 89. Part 1B, Section 73.17, Statewide Revenue, page 453,
SR: Increased Enforcement Collections, F03 Budget and Control
Board, Geodetic Mapping, $250,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 87; Nays 14

 Those who voted in the affirmative are:
Agnew                   Anderson               Anthony
Bales                   Barfield               Battle
Bingham                 Bowers                 Brady
Branham                 Breeland               G. Brown
J. Brown                R. Brown               Cato
Ceips                   Chalk                  Chellis

                                  4136
                   WEDNESDAY, MAY 25, 2005

Clemmons               Clyburn               Cobb-Hunter
Coleman                Cooper                Cotty
Dantzler               Davenport             Delleney
Duncan                 Edge                  Emory
Frye                   Funderburk            Govan
Haley                  Hamilton              Hardwick
Harrell                Harrison              Hayes
Herbkersman            J. Hines              M. Hines
Hiott                  Hosey                 Howard
Huggins                Jefferson             Jennings
Kennedy                Kirsh                 Leach
Lucas                  Mack                  Mahaffey
Martin                 McCraw                McGee
McLeod                 Miller                J. M. Neal
Neilson                Ott                   Parks
Perry                  Phillips              E. H. Pitts
M. A. Pitts            Rhoad                 Scott
Simrill                Sinclair              Skelton
J. E. Smith            J. R. Smith           Stewart
Thompson               Toole                 Townsend
Vaughn                 Vick                  Viers
Walker                 Weeks                 Whipper
White                  Whitmire              Witherspoon
                              Total--87

Those who voted in the negative are:
Hagood                 Haskins               Hinson
Limehouse              Merrill               Norman
Pinson                 Rice                  D. C. Smith
G. M. Smith            G. R. Smith           W. D. Smith
Talley                 Umphlett

                              Total--14
  So, the Veto of the Governor was overridden and a message was
ordered sent to the Senate accordingly.

                     RECORD FOR VOTING
   I was with a constituent outside the Chamber during the vote on
Veto No. 89. I would have voted to sustain the veto.
   Rep. Nathan Ballentine
                                 4137
                    WEDNESDAY, MAY 25, 2005

                     VETO 90-- OVERRIDDEN
  Veto 90. Part 1B, Section 73.17, Statewide Revenue, page 453,
SR: Increased Enforcement Collections, F03 Budget and Control
Board, Maritime Collection Maintenance and Security, $100,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 73; Nays 32

 Those who voted in the affirmative are:
Anderson                Anthony                Bales
Barfield                Battle                 Bingham
Bowers                  Branham                Breeland
J. Brown                R. Brown               Ceips
Chalk                   Chellis                Clark
Clemmons                Clyburn                Cobb-Hunter
Coleman                 Cooper                 Dantzler
Davenport               Delleney               Edge
Emory                   Frye                   Govan
Hardwick                Harrell                Harrison
Hayes                   Herbkersman            J. Hines
M. Hines                Hinson                 Hiott
Hosey                   Jefferson              Jennings
Kennedy                 Leach                  Limehouse
Littlejohn              Lucas                  Mack
Martin                  McCraw                 McGee
McLeod                  Miller                 J. H. Neal
J. M. Neal              Ott                    Owens
Perry                   Phillips               Pinson
M. A. Pitts             Rhoad                  Sandifer
Scott                   Simrill                Skelton
J. E. Smith             J. R. Smith            Taylor
Vaughn                  Vick                   Viers
Whipper                 Whitmire               Witherspoon
Young

                                Total--73


                                  4138
                    WEDNESDAY, MAY 25, 2005

Those who voted in the negative are:
Agnew                  Ballentine              Brady
Cato                   Cotty                   Duncan
Funderburk             Haley                   Hamilton
Haskins                Huggins                 Kirsh
Mahaffey               Merrill                 Neilson
Norman                 E. H. Pitts             Rice
Scarborough            Sinclair                D. C. Smith
G. M. Smith            G. R. Smith             W. D. Smith
Stewart                Talley                  Thompson
Toole                  Umphlett                Walker
Weeks                  White

                               Total--32

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

                     VETO 91-- OVERRIDDEN
   Veto 91. Part 1B, Section 73.17, Statewide Revenue, page 453,
SR: Increased Enforcement Collections, P28 Dept. of Parks, Recreation
and Tourism, Competitive Grants Program, $56,727.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 82; Nays 23

Those who voted in the affirmative are:
Agnew                  Anderson                Anthony
Bailey                 Bales                   Barfield
Battle                 Bowers                  Branham
Breeland               G. Brown                J. Brown
R. Brown               Cato                    Ceips
Chalk                  Chellis                 Clark
Clemmons               Clyburn                 Cobb-Hunter
Coleman                Cooper                  Davenport
Edge                   Emory                   Funderburk
Govan                  Hamilton                Hardwick

                                 4139
                   WEDNESDAY, MAY 25, 2005

Harrell                Hayes                   Herbkersman
J. Hines               M. Hines                Hinson
Hiott                  Hosey                   Jefferson
Jennings               Kirsh                   Leach
Littlejohn             Lucas                   Mack
Mahaffey               Martin                  McCraw
McLeod                 Merrill                 Miller
J. H. Neal             J. M. Neal              Neilson
Ott                    Owens                   Parks
Perry                  Phillips                M. A. Pitts
Rhoad                  Rice                    Scott
Skelton                G. M. Smith             G. R. Smith
J. E. Smith            J. R. Smith             Taylor
Thompson               Townsend                Umphlett
Vaughn                 Vick                    Viers
Walker                 Weeks                   Whipper
White                  Whitmire                Witherspoon
Young

                              Total--82

Those who voted in the negative are:
Ballentine             Bingham                 Brady
Cotty                  Delleney                Duncan
Frye                   Hagood                  Haley
Huggins                Limehouse               McGee
Norman                 E. H. Pitts             Sandifer
Scarborough            Simrill                 Sinclair
D. C. Smith            W. D. Smith             Stewart
Talley                 Toole

                              Total--23

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

                     VETO 92-- OVERRIDDEN
   Veto 92. Part 1B, Section 73.17, Statewide Revenue, page 453,
SR: Increased Enforcement Collections, P28 Dept. of Parks, Recreation
and Tourism, European Advertising, $1,000,000.


                                 4140
                    WEDNESDAY, MAY 25, 2005

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 93; Nays 13

 Those who voted in the affirmative are:
Agnew                   Altman                 Anderson
Anthony                 Bailey                 Bales
Barfield                Battle                 Bingham
Bowers                  Brady                  Branham
Breeland                G. Brown               J. Brown
Cato                    Ceips                  Chalk
Chellis                 Clark                  Clemmons
Clyburn                 Cobb-Hunter            Coleman
Cooper                  Dantzler               Davenport
Edge                    Emory                  Funderburk
Govan                   Hamilton               Hardwick
Harrell                 Haskins                Hayes
Herbkersman             J. Hines               M. Hines
Hinson                  Hiott                  Hosey
Huggins                 Jefferson              Jennings
Kennedy                 Leach                  Limehouse
Loftis                  Mack                   Mahaffey
Martin                  McCraw                 McGee
McLeod                  Merrill                Miller
J. H. Neal              J. M. Neal             Neilson
Ott                     Owens                  Parks
Perry                   Phillips               Pinson
M. A. Pitts             Rhoad                  Rice
Sandifer                Scarborough            Scott
Sinclair                Skelton                G. R. Smith
J. E. Smith             J. R. Smith            W. D. Smith
Taylor                  Thompson               Toole
Townsend                Umphlett               Vaughn
Vick                    Viers                  Walker
Weeks                   Whipper                White
Whitmire                Witherspoon            Young

                                Total--93

                                  4141
                    WEDNESDAY, MAY 25, 2005

Those who voted in the negative are:
Delleney               Duncan                  Frye
Hagood                 Kirsh                   Lucas
Norman                 E. H. Pitts             Simrill
D. C. Smith            G. M. Smith             Stewart
Talley

                               Total--13

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

                       RECORD FOR VOTING
   I was away from my desk during the vote on Veto No. 92. I would
have voted to sustain the veto.
   Rep. Nathan Ballentine

                     RECORD FOR VOTING
   I was dealing with a constituent during the vote on Veto No. 92. I
would have voted to sustain the veto.
   Rep. Nikki Haley

                   VETO 93-- OVERRIDDEN
  Veto 93. Part IB, Section 73, Section 73.18, page 455, Line 6,
H03, Commission Higher Education, Greenville University Center,
$800,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 76; Nays 26

Those who voted in the affirmative are:
Altman                 Anderson                Anthony
Bales                  Barfield                Battle
Bowers                 Brady                   Branham
Breeland               G. Brown                J. Brown
Cato                   Ceips                   Chalk
Chellis                Cobb-Hunter             Coleman

                                 4142
                   WEDNESDAY, MAY 25, 2005

Cooper                 Cotty               Dantzler
Davenport              Edge                Emory
Funderburk             Govan               Hamilton
Hardwick               Harrell             Haskins
Hayes                  J. Hines            M. Hines
Hinson                 Hiott               Hosey
Jefferson              Jennings            Kennedy
Leach                  Limehouse           Littlejohn
Loftis                 Mack                Mahaffey
McCraw                 Miller              J. H. Neal
J. M. Neal             Ott                 Owens
Parks                  Perry               Phillips
Pinson                 M. A. Pitts         Rhoad
Rice                   Sandifer            Scott
Sinclair               Skelton             G. R. Smith
J. E. Smith            J. R. Smith         Talley
Taylor                 Townsend            Vaughn
Vick                   Walker              Whipper
White                  Whitmire            Witherspoon
Young

                              Total--76

Those who voted in the negative are:
Agnew                  Ballentine          Bingham
R. Brown               Delleney            Duncan
Hagood                 Haley               Herbkersman
Kirsh                  Lucas               McGee
McLeod                 Merrill             Neilson
Norman                 E. H. Pitts         Scarborough
Simrill                D. C. Smith         G. M. Smith
Stewart                Thompson            Toole
Umphlett               Weeks

                              Total--26

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




                                 4143
                    WEDNESDAY, MAY 25, 2005

                    VETO 94-- OVERRIDDEN
  Veto 94. Part IB, Section 73, Section 73.18, page 455, Line 8, J04,
Department of Health and Environmental Control, Beach
Renourishment Trust Fund, $5,000,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 90; Nays 15

 Those who voted in the affirmative are:
Agnew                   Altman                 Anderson
Anthony                 Bailey                 Bales
Ballentine              Barfield               Battle
Bingham                 Bowers                 Brady
Branham                 Breeland               G. Brown
J. Brown                R. Brown               Cato
Ceips                   Chalk                  Chellis
Clemmons                Cobb-Hunter            Coleman
Cooper                  Dantzler               Davenport
Edge                    Emory                  Funderburk
Govan                   Haley                  Hardwick
Harrell                 Haskins                Hayes
Herbkersman             J. Hines               M. Hines
Hinson                  Hiott                  Hosey
Howard                  Huggins                Jefferson
Jennings                Kennedy                Leach
Limehouse               Littlejohn             Loftis
Mack                    Mahaffey               Martin
McGee                   McLeod                 Merrill
Miller                  J. H. Neal             J. M. Neal
Neilson                 Ott                    Owens
Parks                   Perry                  Pinson
M. A. Pitts             Rhoad                  Rice
Sandifer                Scarborough            Scott
Simrill                 Skelton                G. R. Smith
J. E. Smith             J. R. Smith            W. D. Smith
Taylor                  Toole                  Townsend
Umphlett                Vaughn                 Vick

                                  4144
                    WEDNESDAY, MAY 25, 2005

Viers                   Weeks                  Whipper
Whitmire                Witherspoon            Young

                               Total--90

Those who voted in the negative are:
Cotty                  Delleney                Duncan
Kirsh                  Lucas                   Norman
E. H. Pitts            Sinclair                D. C. Smith
G. M. Smith            Stewart                 Talley
Thompson               Walker                  White

                               Total--15

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

                    VETO 95-- OVERRIDDEN
  Veto 95. Part IB, Section 73, Section 73.18, page 455, Line 9,
H51, Medical University of South Carolina, Nursing Clinical Teaching
Lab, $1,500,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 90; Nays 13

Those who voted in the affirmative are:
Agnew                  Altman                  Anderson
Anthony                Bailey                  Bales
Barfield               Battle                  Bingham
Brady                  Branham                 Breeland
G. Brown               J. Brown                R. Brown
Cato                   Ceips                   Chalk
Clark                  Clemmons                Cobb-Hunter
Coleman                Cooper                  Cotty
Davenport              Delleney                Edge
Emory                  Funderburk              Govan
Hamilton               Harrell                 Harrison

                                 4145
                   WEDNESDAY, MAY 25, 2005

Haskins                Hayes                 Herbkersman
J. Hines               M. Hines              Hinson
Hiott                  Hosey                 Howard
Huggins                Jefferson             Jennings
Kennedy                Leach                 Limehouse
Littlejohn             Lucas                 Mack
Mahaffey               Martin                McCraw
McGee                  McLeod                Merrill
J. H. Neal             J. M. Neal            Ott
Owens                  Parks                 Perry
Phillips               Pinson                M. A. Pitts
Rhoad                  Rice                  Scarborough
Scott                  Simrill               Sinclair
Skelton                G. M. Smith           G. R. Smith
J. E. Smith            J. R. Smith           W. D. Smith
Toole                  Townsend              Umphlett
Vaughn                 Vick                  Viers
Weeks                  Whipper               White
Whitmire               Witherspoon           Young

                              Total--90

Those who voted in the negative are:
Ballentine             Duncan                Frye
Hagood                 Haley                 Kirsh
Norman                 E. H. Pitts           D. C. Smith
Stewart                Talley                Thompson
Walker

                              Total--13

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

                    VETO 96-- OVERRIDDEN
   Veto 96. Part IB, Section 73, Section 73.18, page 455, Line 11,
H63, Department of Education, SC Alliance of Boys & Girls Clubs,
Inc., $1,000,000.

  Rep. HARRELL spoke against the Veto.


                                 4146
                    WEDNESDAY, MAY 25, 2005

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 96; Nays 13

Those who voted in the affirmative are:
Agnew                  Altman                  Anderson
Anthony                Bailey                  Bales
Ballentine             Barfield                Battle
Bowers                 Brady                   Branham
Breeland               G. Brown                J. Brown
R. Brown               Cato                    Ceips
Chalk                  Chellis                 Clemmons
Cobb-Hunter            Coleman                 Cooper
Cotty                  Dantzler                Davenport
Delleney               Edge                    Emory
Funderburk             Govan                   Haley
Hamilton               Hardwick                Harrell
Harrison               Haskins                 Hayes
Herbkersman            J. Hines                M. Hines
Hiott                  Hosey                   Howard
Huggins                Jefferson               Jennings
Kennedy                Kirsh                   Leach
Limehouse              Littlejohn              Lucas
Mack                   Mahaffey                Martin
McCraw                 McGee                   McLeod
Miller                 J. H. Neal              J. M. Neal
Neilson                Ott                     Owens
Parks                  Perry                   Phillips
Pinson                 Rhoad                   Rice
Sandifer               Scarborough             Scott
Simrill                Sinclair                Skelton
G. M. Smith            J. E. Smith             J. R. Smith
W. D. Smith            Stewart                 Taylor
Thompson               Townsend                Umphlett
Vaughn                 Vick                    Viers
Walker                 Weeks                   White
Whitmire               Witherspoon             Young

                               Total--96


                                 4147
                    WEDNESDAY, MAY 25, 2005

Those who voted in the negative are:
Bingham                Duncan                  Frye
Hagood                 Hinson                  Merrill
Norman                 E. H. Pitts             M. A. Pitts
D. C. Smith            G. R. Smith             Talley
Toole

                                Total--13

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

                   VETO 97-- OVERRIDDEN
   Veto 97. Part 1B, Section 73, Section 73.18, page 455, Line 12,
J04, Department of Health and Environmental Control, Competitive
Grants, 2,800,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 80; Nays 24

 Those who voted in the affirmative are:
Agnew                   Altman                 Anderson
Anthony                 Bailey                 Bales
Barfield                Battle                 Bowers
Branham                 Breeland               G. Brown
J. Brown                R. Brown               Cato
Ceips                   Chalk                  Chellis
Clark                   Clemmons               Clyburn
Cobb-Hunter             Coleman                Cooper
Dantzler                Davenport              Emory
Funderburk              Govan                  Hamilton
Hardwick                Harrell                Hayes
J. Hines                M. Hines               Hinson
Hiott                   Hosey                  Jefferson
Jennings                Kennedy                Leach
Littlejohn              Mack                   Martin
McCraw                  McGee                  McLeod

                                  4148
                   WEDNESDAY, MAY 25, 2005

Miller                 J. H. Neal              J. M. Neal
Neilson                Ott                     Owens
Parks                  Perry                   Phillips
Pinson                 M. A. Pitts             Rhoad
Rice                   Sandifer                Scarborough
Scott                  Skelton                 G. M. Smith
G. R. Smith            J. E. Smith             J. R. Smith
Taylor                 Thompson                Townsend
Vick                   Viers                   Walker
Weeks                  Whipper                 White
Whitmire               Witherspoon

                              Total--80

Those who voted in the negative are:
Ballentine             Bingham                 Brady
Cotty                  Delleney                Duncan
Frye                   Haley                   Huggins
Kirsh                  Limehouse               Lucas
Merrill                Norman                  E. H. Pitts
Simrill                Sinclair                D. C. Smith
W. D. Smith            Stewart                 Talley
Toole                  Umphlett                Young

                              Total--24

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

                    VETO 98-- OVERRIDDEN
   Veto 98. Part IB, Section 73, Section 73.18, page 455, Line 13,
P28, Department of Parks, Recreation & Tourism, Competitive Grants,
$3,000,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 76; Nays 18


                                 4149
                    WEDNESDAY, MAY 25, 2005

 Those who voted in the affirmative are:
Agnew                   Altman              Anderson
Anthony                 Bailey              Bales
Battle                  Bowers              Branham
Breeland                G. Brown            J. Brown
R. Brown                Cato                Ceips
Chellis                 Clark               Clyburn
Cobb-Hunter             Cooper              Davenport
Emory                   Funderburk          Govan
Hagood                  Hamilton            Hardwick
Harrell                 Hayes               J. Hines
M. Hines                Hinson              Hiott
Hosey                   Howard              Jefferson
Kirsh                   Leach               Littlejohn
Lucas                   Mack                Martin
McCraw                  McLeod              Miller
J. H. Neal              J. M. Neal          Neilson
Ott                     Owens               Parks
Perry                   Phillips            M. A. Pitts
Rhoad                   Rice                Sandifer
Scarborough             Scott               Skelton
G. M. Smith             G. R. Smith         J. E. Smith
J. R. Smith             Taylor              Thompson
Townsend                Umphlett            Vick
Viers                   Walker              Weeks
White                   Whitmire            Witherspoon
Young

                                Total--76

Those who voted in the negative are:
Ballentine             Bingham              Brady
Cotty                  Duncan               Frye
Haley                  Limehouse            Mahaffey
McGee                  Norman               Simrill
Sinclair               D. C. Smith          W. D. Smith
Stewart                Talley               Toole

                                Total--18



                                  4150
                    WEDNESDAY, MAY 25, 2005

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

                  VETO 99-- OVERRIDDEN
  Veto 99. Part 1B, Section 73, Section 73.18, page 455, Line 14,
Department of Commerce, a) Competitive Grants, $500,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 74; Nays 28

 Those who voted in the affirmative are:
Agnew                   Altman                 Anderson
Anthony                 Bales                  Barfield
Battle                  Bowers                 Branham
Breeland                G. Brown               J. Brown
R. Brown                Cato                   Ceips
Chellis                 Clark                  Clemmons
Cobb-Hunter             Coleman                Cooper
Cotty                   Funderburk             Govan
Hamilton                Hardwick               Harrell
Hayes                   J. Hines               M. Hines
Hinson                  Hiott                  Hosey
Howard                  Huggins                Jefferson
Jennings                Kennedy                Littlejohn
Mack                    McCraw                 McLeod
Miller                  J. H. Neal             J. M. Neal
Neilson                 Ott                    Owens
Parks                   Perry                  Phillips
Pinson                  M. A. Pitts            Rhoad
Rice                    Sandifer               Scott
Skelton                 G. M. Smith            G. R. Smith
J. E. Smith             J. R. Smith            Taylor
Thompson                Townsend               Vick
Viers                   Walker                 Weeks




                                  4151
                    WEDNESDAY, MAY 25, 2005

Whipper                 White                  Whitmire
Witherspoon             Young

                                Total--74

Those who voted in the negative are:
Bailey                 Ballentine              Bingham
Brady                  Duncan                  Emory
Frye                   Hagood                  Haley
Kirsh                  Leach                   Limehouse
Loftis                 Lucas                   Mahaffey
McGee                  Merrill                 Norman
E. H. Pitts            Scarborough             Simrill
Sinclair               D. C. Smith             W. D. Smith
Stewart                Talley                  Toole
Umphlett

                                Total--28

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

                   VETO 100-- OVERRIDDEN
  Veto 100. Part IB, Section 73, Section 73.18, page 455, Line 16,
F03, Budget and Control Board, a) Competitive Grants, $3,000,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 79; Nays 28

Those who voted in the affirmative are:
Agnew                  Altman                  Anderson
Anthony                Bales                   Barfield
Battle                 Bowers                  Branham
Breeland               G. Brown                J. Brown
Cato                   Ceips                   Chalk
Chellis                Clark                   Clemmons
Clyburn                Cobb-Hunter             Coleman

                                  4152
                   WEDNESDAY, MAY 25, 2005

Cooper                 Dantzler            Davenport
Emory                  Funderburk          Govan
Hamilton               Hardwick            Harrell
Haskins                Hayes               Herbkersman
J. Hines               M. Hines            Hinson
Hiott                  Hosey               Howard
Jefferson              Jennings            Kennedy
Leach                  Littlejohn          Lucas
Mack                   Martin              McCraw
McLeod                 Miller              J. H. Neal
J. M. Neal             Neilson             Ott
Owens                  Parks               Phillips
M. A. Pitts            Rhoad               Rice
Sandifer               Scott               Skelton
G. M. Smith            G. R. Smith         J. E. Smith
J. R. Smith            Taylor              Thompson
Townsend               Vick                Viers
Walker                 Weeks               Whipper
White                  Whitmire            Witherspoon
Young

                              Total--79

Those who voted in the negative are:
Bailey                 Ballentine          Bingham
Brady                  Cotty               Delleney
Duncan                 Frye                Hagood
Haley                  Huggins             Kirsh
Limehouse              Mahaffey            McGee
Merrill                Norman              Pinson
E. H. Pitts            Scarborough         Simrill
Sinclair               D. C. Smith         W. D. Smith
Stewart                Talley              Toole
Umphlett

                              Total--28

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



                                 4153
                    WEDNESDAY, MAY 25, 2005

                   VETO 101-- OVERRIDDEN
  Veto 101. Part IB, Section 73, Section 73.18, page 455, Line 16,
F03, Budget and Control Board, b) Morris Island Lighthouse,
$500,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 77; Nays 28

 Those who voted in the affirmative are:
Altman                  Anderson               Anthony
Bales                   Barfield               Battle
Bowers                  Branham                Breeland
G. Brown                J. Brown               R. Brown
Cato                    Ceips                  Chalk
Chellis                 Clemmons               Clyburn
Cobb-Hunter             Coleman                Cooper
Cotty                   Dantzler               Davenport
Duncan                  Edge                   Emory
Funderburk              Govan                  Hagood
Hardwick                Harrell                Hayes
Herbkersman             J. Hines               M. Hines
Hinson                  Hosey                  Howard
Jefferson               Jennings               Leach
Limehouse               Littlejohn             Martin
McCraw                  McGee                  McLeod
Merrill                 Miller                 J. H. Neal
J. M. Neal              Ott                    Parks
Perry                   Phillips               Pinson
M. A. Pitts             Rhoad                  Sandifer
Scarborough             Scott                  Simrill
Sinclair                Skelton                J. E. Smith
Taylor                  Umphlett               Vaughn
Vick                    Viers                  Weeks
Whipper                 White                  Whitmire
Witherspoon             Young

                                Total--77

                                  4154
                    WEDNESDAY, MAY 25, 2005

Those who voted in the negative are:
Bailey                 Ballentine              Bingham
Brady                  Clark                   Delleney
Frye                   Haley                   Hamilton
Harrison               Hiott                   Huggins
Kirsh                  Lucas                   Mahaffey
Neilson                Norman                  Owens
E. H. Pitts            Rice                    D. C. Smith
G. M. Smith            G. R. Smith             Stewart
Thompson               Toole                   Townsend
Walker

                               Total--28

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

                   VETO 102-- OVERRIDDEN
  Veto 102. Part IB, Section 73, Section 73.18, page 455, Line 16,
F03, Budget and Control Board, d) Expansion of Heritage Corridor,
$500,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 75; Nays 29

Those who voted in the affirmative are:
Agnew                  Altman                  Anderson
Anthony                Bales                   Barfield
Battle                 Bowers                  Breeland
G. Brown               J. Brown                R. Brown
Cato                   Ceips                   Chalk
Chellis                Clark                   Clemmons
Clyburn                Cobb-Hunter             Coleman
Cooper                 Dantzler                Davenport
Delleney               Emory                   Funderburk
Govan                  Hagood                  Hamilton
Hardwick               Harrell                 Haskins

                                 4155
                   WEDNESDAY, MAY 25, 2005

Hayes                  Herbkersman           J. Hines
M. Hines               Hinson                Hiott
Hosey                  Howard                Jefferson
Jennings               Kennedy               Leach
Limehouse              Littlejohn            Mack
Martin                 McCraw                McLeod
Miller                 J. M. Neal            Ott
Parks                  Perry                 Phillips
Pinson                 M. A. Pitts           Rhoad
Scarborough            Scott                 Skelton
J. E. Smith            J. R. Smith           Taylor
Townsend               Umphlett              Vaughn
Vick                   Viers                 Weeks
White                  Whitmire              Young

                              Total--75

Those who voted in the negative are:
Bailey                 Ballentine            Bingham
Brady                  Edge                  Frye
Haley                  Harrison              Kirsh
Lucas                  Mahaffey              McGee
Merrill                Neilson               Norman
Owens                  E. H. Pitts           Rice
Sandifer               Simrill               Sinclair
D. C. Smith            G. M. Smith           G. R. Smith
Stewart                Talley                Thompson
Toole                  Walker

                              Total--29

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

                    VETO 103-- OVERRIDDEN
  Veto 103. Part IB, Section 73, Section 73.18, page 455, Line 18,
L04, Department of Social Services, b) The Lacy House, $200,000.

  Rep. HARRELL spoke against the Veto.

              ACTING SPEAKER BINGHAM IN CHAIR

                                 4156
                    WEDNESDAY, MAY 25, 2005

  Rep. HARRELL continued speaking.

               SPEAKER PRO TEMPORE IN CHAIR

  Rep. HARRELL continued speaking.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 87; Nays 18

 Those who voted in the affirmative are:
Agnew                   Altman                 Anderson
Anthony                 Bailey                 Bales
Barfield                Battle                 Bowers
Branham                 Breeland               G. Brown
J. Brown                Cato                   Ceips
Chalk                   Chellis                Clark
Clemmons                Clyburn                Cobb-Hunter
Coleman                 Cooper                 Cotty
Davenport               Edge                   Emory
Frye                    Funderburk             Govan
Hardwick                Harrell                Hayes
M. Hines                Hinson                 Hiott
Hosey                   Howard                 Huggins
Jefferson               Jennings               Kennedy
Kirsh                   Leach                  Limehouse
Littlejohn              Loftis                 Lucas
Mack                    Mahaffey               McCraw
McGee                   McLeod                 Merrill
Miller                  J. H. Neal             J. M. Neal
Neilson                 Norman                 Owens
Parks                   Perry                  Phillips
Pinson                  E. H. Pitts            Rhoad
Rice                    Sandifer               Scarborough
Scott                   Simrill                Sinclair
Skelton                 D. C. Smith            J. E. Smith
J. R. Smith             Taylor                 Umphlett
Vaughn                  Vick                   Viers



                                  4157
                    WEDNESDAY, MAY 25, 2005

Weeks                   Whipper                White
Whitmire                Witherspoon            Young

                               Total--87

Those who voted in the negative are:
Ballentine             Bingham                 Brady
Delleney               Duncan                  Hagood
Haley                  Hamilton                Harrison
Haskins                G. M. Smith             G. R. Smith
W. D. Smith            Stewart                 Talley
Thompson               Toole                   Walker

                               Total--18

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

                    VETO 104-- OVERRIDDEN
  Veto 104. Part IB, Section 73, Section 73.18, page 455, Line 18,
L04, Department of Social Services, a) Children in Crisis, $500,000.

  Rep. COOPER spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 84; Nays 13

Those who voted in the affirmative are:
Agnew                  Altman                  Anderson
Anthony                Bailey                  Bales
Ballentine             Barfield                Battle
Bowers                 Brady                   Branham
Breeland               G. Brown                J. Brown
R. Brown               Cato                    Ceips
Chalk                  Chellis                 Clark
Clemmons               Clyburn                 Coleman
Cooper                 Dantzler                Davenport
Delleney               Edge                    Emory
Haley                  Hardwick                Harrell

                                 4158
                   WEDNESDAY, MAY 25, 2005

Harrison               Haskins               Hayes
Herbkersman            J. Hines              M. Hines
Hinson                 Hiott                 Hosey
Huggins                Jefferson             Jennings
Kennedy                Kirsh                 Limehouse
Littlejohn             Lucas                 Mack
Mahaffey               McCraw                McGee
Merrill                Miller                J. M. Neal
Neilson                Norman                Owens
Parks                  Perry                 Phillips
Pinson                 E. H. Pitts           M. A. Pitts
Rhoad                  Rice                  Scarborough
Scott                  Simrill               Sinclair
Skelton                J. E. Smith           J. R. Smith
Taylor                 Umphlett              Vick
Viers                  Weeks                 Whipper
White                  Witherspoon           Young

                              Total--84

Those who voted in the negative are:
Bingham                Duncan                Hagood
Hamilton               Sandifer              D. C. Smith
G. M. Smith            G. R. Smith           W. D. Smith
Stewart                Talley                Thompson
Toole

                              Total--13

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

                     VETO 105-- SUSTAINED
  Veto 105. Part IB, Section 73, Section 73.18, page 455, Line 19,
Budget and Control Board, City of Florence Downtown
Redevelopment, $1,000,000.

  Rep. HARRELL spoke against the Veto.




                                 4159
                    WEDNESDAY, MAY 25, 2005

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 53; Nays 50

Those who voted in the affirmative are:
Altman                 Anderson                Anthony
Bailey                 Bales                   Barfield
Battle                 Bowers                  Branham
Breeland               G. Brown                Ceips
Chalk                  Clyburn                 Coleman
Cooper                 Davenport               Funderburk
Harrell                Hayes                   J. Hines
M. Hines               Hiott                   Hosey
Howard                 Jennings                Kennedy
Littlejohn             Lucas                   Mack
Martin                 McCraw                  McGee
Miller                 J. M. Neal              Neilson
Ott                    Owens                   Phillips
Rhoad                  Sandifer                Scarborough
Skelton                G. M. Smith             J. E. Smith
W. D. Smith            Townsend                Vick
Viers                  Weeks                   Whipper
White                  Whitmire

                               Total--53

Those who voted in the negative are:
Agnew                  Ballentine              Bingham
Brady                  J. Brown                Cato
Chellis                Clark                   Cotty
Dantzler               Delleney                Duncan
Edge                   Emory                   Frye
Hagood                 Haley                   Hamilton
Hardwick               Harrison                Haskins
Herbkersman            Hinson                  Huggins
Kirsh                  Leach                   Limehouse
Loftis                 Mahaffey                Merrill
Norman                 Perry                   Pinson
E. H. Pitts            M. A. Pitts             Rice
Scott                  Simrill                 Sinclair

                                 4160
                    WEDNESDAY, MAY 25, 2005

D. C. Smith             G. R. Smith            J. R. Smith
Stewart                 Talley                 Taylor
Thompson                Toole                  Umphlett
Witherspoon             Young

                                Total--50

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

                    VETO 106-- OVERRIDDEN
   Veto 106. Part IB, Section 73, Section 73.18, page 456, Line 21,
J02, Department of Health and Human Services, Health Care
Information & Referral Network, $111,858.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 69; Nays 26

 Those who voted in the affirmative are:
Agnew                   Altman                 Anderson
Anthony                 Bailey                 Bales
Barfield                Battle                 Bowers
Brady                   Branham                G. Brown
J. Brown                Cato                   Ceips
Chalk                   Chellis                Clark
Clemmons                Clyburn                Coleman
Dantzler                Davenport              Edge
Emory                   Funderburk             Hamilton
Hardwick                Harrell                Hayes
Herbkersman             Hosey                  Howard
Jennings                Kirsh                  Leach
Littlejohn              Mahaffey               Martin
McCraw                  McGee                  Miller
J. H. Neal              J. M. Neal             Neilson
Ott                     Parks                  Perry
Phillips                Pinson                 M. A. Pitts
Rhoad                   Sandifer               Scarborough

                                  4161
                    WEDNESDAY, MAY 25, 2005

Scott                   Simrill                Skelton
J. E. Smith             Taylor                 Townsend
Vaughn                  Vick                   Viers
Weeks                   Whipper                White
Whitmire                Witherspoon            Young

                               Total--69

Those who voted in the negative are:
Ballentine             Bingham                 Delleney
Frye                   Hagood                  Haley
Hinson                 Hiott                   Huggins
Lucas                  Merrill                 Norman
Owens                  E. H. Pitts             Rice
Sinclair               D. C. Smith             G. M. Smith
G. R. Smith            J. R. Smith             W. D. Smith
Stewart                Talley                  Thompson
Toole                  Umphlett

                               Total--26

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

                    VETO 107-- OVERRIDDEN
   Veto 107. Part IB, Section 73, Section 73.18, page 456, Line 22,
H18, Francis Marion University, Center for the Child, Construction,
$2,000,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 76; Nays 26

Those who voted in the affirmative are:
Agnew                  Altman                  Anderson
Anthony                Bailey                  Bales
Barfield               Battle                  Bowers
Branham                G. Brown                J. Brown

                                 4162
                   WEDNESDAY, MAY 25, 2005

R. Brown               Ceips               Chalk
Chellis                Clemmons            Clyburn
Coleman                Cooper              Dantzler
Davenport              Edge                Funderburk
Govan                  Hardwick            Harrell
Harrison               Haskins             Hayes
Herbkersman            J. Hines            Hiott
Hosey                  Howard              Jefferson
Jennings               Kennedy             Leach
Limehouse              Littlejohn          Lucas
Mack                   Mahaffey            Martin
McCraw                 McGee               J. H. Neal
Neilson                Ott                 Owens
Parks                  Perry               Phillips
Rhoad                  Rice                Sandifer
Scott                  Simrill             Sinclair
Skelton                D. C. Smith         J. E. Smith
J. R. Smith            W. D. Smith         Townsend
Umphlett               Vaughn              Vick
Viers                  Walker              Weeks
Whipper                Whitmire            Witherspoon
Young

                              Total--76

Those who voted in the negative are:
Ballentine             Bingham             Brady
Cato                   Clark               Delleney
Duncan                 Frye                Hagood
Haley                  Hamilton            Hinson
Huggins                Kirsh               Merrill
Norman                 E. H. Pitts         M. A. Pitts
Scarborough            G. M. Smith         G. R. Smith
Stewart                Talley              Thompson
Toole                  White

                              Total--26

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


                                 4163
                    WEDNESDAY, MAY 25, 2005

                    VETO 108-- OVERRIDDEN
  Veto 108. Part IB, Section 73, Section 73.18, page 456, Line 23,
H59, State Board for Technical and Comprehensive Education,
Spartanburg Technical College – Cherokee Expansion, $2,000,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 80; Nays 24

 Those who voted in the affirmative are:
Agnew                   Anderson               Anthony
Bailey                  Bales                  Barfield
Battle                  Bowers                 Branham
G. Brown                J. Brown               R. Brown
Ceips                   Chalk                  Chellis
Clemmons                Cobb-Hunter            Coleman
Cooper                  Dantzler               Davenport
Delleney                Edge                   Emory
Funderburk              Govan                  Hardwick
Harrell                 Harrison               Haskins
Hayes                   J. Hines               M. Hines
Hinson                  Hiott                  Hosey
Howard                  Jennings               Kennedy
Kirsh                   Leach                  Littlejohn
Loftis                  Lucas                  Mack
Mahaffey                Martin                 McCraw
Miller                  J. H. Neal             J. M. Neal
Neilson                 Ott                    Owens
Parks                   Perry                  Phillips
M. A. Pitts             Rhoad                  Rice
Sandifer                Scarborough            Scott
Sinclair                Skelton                J. E. Smith
J. R. Smith             W. D. Smith            Talley
Taylor                  Townsend               Vaughn
Vick                    Viers                  Walker




                                  4164
                    WEDNESDAY, MAY 25, 2005

Weeks                   White                  Whitmire
Witherspoon             Young

                                Total--80

Those who voted in the negative are:
Ballentine             Bingham                 Brady
Cato                   Clark                   Duncan
Frye                   Hagood                  Haley
Hamilton               Herbkersman             Huggins
Limehouse              Merrill                 Norman
E. H. Pitts            Simrill                 D. C. Smith
G. M. Smith            G. R. Smith             Stewart
Thompson               Toole                   Umphlett

                                Total--24

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

                   VETO 109-- OVERRIDDEN
  Veto 109. Part IB, Section 73, Section 73.18, page 456, Line 24,
E24, Adjutant General, State Guard Other Operating Expenses,
$200,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 93; Nays 8

 Those who voted in the affirmative are:
Agnew                   Altman                 Anderson
Anthony                 Bales                  Barfield
Battle                  Bingham                Bowers
Brady                   Branham                G. Brown
J. Brown                Cato                   Ceips
Chalk                   Chellis                Clark
Clemmons                Clyburn                Cobb-Hunter
Coleman                 Cooper                 Cotty

                                  4165
                   WEDNESDAY, MAY 25, 2005

Dantzler               Davenport              Delleney
Edge                   Emory                  Frye
Govan                  Hamilton               Hardwick
Harrell                Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hiott                  Hosey
Huggins                Jefferson              Jennings
Kennedy                Leach                  Limehouse
Littlejohn             Lucas                  Mack
Mahaffey               Martin                 McCraw
McGee                  McLeod                 Merrill
Miller                 J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parks                  Phillips               Pinson
E. H. Pitts            Rhoad                  Rice
Scarborough            Scott                  Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Taylor                 Thompson
Toole                  Townsend               Umphlett
Vick                   Viers                  Walker
Weeks                  Whipper                White
Whitmire               Witherspoon            Young

                              Total--93

Those who voted in the negative are:
Bailey                 Ballentine             Duncan
Hagood                 Haley                  Norman
M. A. Pitts            Talley

                               Total--8

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

                    VETO 110-- OVERRIDDEN
   Veto 110. Part IB, Section 73, Section 73.18, page 456, Line 26,
F03, Budget and Control Board, Maritime Collection Maintenance &
Security, $75,000.


                                 4166
                    WEDNESDAY, MAY 25, 2005

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 72; Nays 33

 Those who voted in the affirmative are:
Altman                  Anderson               Anthony
Bales                   Barfield               Battle
Bingham                 Bowers                 Branham
G. Brown                J. Brown               R. Brown
Ceips                   Chalk                  Chellis
Clemmons                Clyburn                Cobb-Hunter
Coleman                 Cooper                 Dantzler
Davenport               Delleney               Edge
Emory                   Hardwick               Harrell
Hayes                   Herbkersman            J. Hines
M. Hines                Hinson                 Hiott
Hosey                   Jefferson              Jennings
Kennedy                 Leach                  Limehouse
Littlejohn              Lucas                  Mack
Martin                  McCraw                 McGee
Merrill                 Miller                 J. H. Neal
J. M. Neal              Owens                  Parks
Perry                   Phillips               Pinson
M. A. Pitts             Rhoad                  Rice
Scarborough             Simrill                Sinclair
Skelton                 J. E. Smith            J. R. Smith
Taylor                  Townsend               Vaughn
Vick                    Viers                  Weeks
Whipper                 Whitmire               Young

                                Total--72

Those who voted in the negative are:
Agnew                  Bailey                  Ballentine
Brady                  Cato                    Clark
Cotty                  Duncan                  Frye
Funderburk             Haley                   Hamilton
Haskins                Huggins                 Kirsh

                                  4167
                    WEDNESDAY, MAY 25, 2005

Mahaffey                Neilson                Norman
Ott                     E. H. Pitts            Scott
D. C. Smith             G. M. Smith            G. R. Smith
W. D. Smith             Stewart                Talley
Thompson                Toole                  Umphlett
Walker                  White                  Witherspoon

                               Total--33

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

                    VETO 111-- OVERRIDDEN
   Veto 111. Part IB, Section 73, Section 73.18, page 456, Line 30,
J02, Department of Health & Human Services, Rural Hospital Grants,
$3,000,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 92; Nays 10

Those who voted in the affirmative are:
Agnew                  Altman                  Anderson
Anthony                Bales                   Barfield
Bingham                Bowers                  Brady
Branham                G. Brown                J. Brown
R. Brown               Cato                    Ceips
Chalk                  Chellis                 Clark
Clemmons               Clyburn                 Coleman
Cooper                 Cotty                   Dantzler
Delleney               Duncan                  Emory
Frye                   Funderburk              Govan
Hagood                 Haley                   Hamilton
Hardwick               Harrell                 Hayes
Herbkersman            J. Hines                Hinson
Hiott                  Hosey                   Howard
Huggins                Jefferson               Jennings
Kennedy                Kirsh                   Leach

                                 4168
                    WEDNESDAY, MAY 25, 2005

Limehouse               Littlejohn              Lucas
Mack                    Martin                  McCraw
McGee                   Merrill                 Miller
J. H. Neal              J. M. Neal              Neilson
Ott                     Owens                   Parks
Perry                   Phillips                Pinson
E. H. Pitts             M. A. Pitts             Rhoad
Rice                    Scarborough             Scott
Sinclair                Skelton                 D. C. Smith
G. M. Smith             J. E. Smith             J. R. Smith
W. D. Smith             Taylor                  Thompson
Toole                   Townsend                Umphlett
Vaughn                  Vick                    Viers
Weeks                   Whipper                 White
Whitmire                Witherspoon

                               Total--92

Those who voted in the negative are:
Bailey                 Ballentine               Norman
Sandifer               Simrill                  G. R. Smith
Stewart                Talley                   Walker
Young

                               Total--10

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

                      RECORD FOR VOTING
    I did not vote on Veto No. 111 and would have voted to override. I
was outside the Chamber in the Joint Conference Room conferring on a
matter.
    Rep. Walt McLeod

                    VETO 112-- OVERRIDDEN
   Veto 112. Part IB, Section 73, Section 73.18, page 456, Line 31,
F03, Commission on Higher Education, Statewide Electronic Library,
$2,000,000.

  Rep. HARRELL spoke against the Veto.

                                 4169
                    WEDNESDAY, MAY 25, 2005

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 86; Nays 18

 Those who voted in the affirmative are:
Agnew                   Altman                 Anderson
Anthony                 Bales                  Ballentine
Barfield                Battle                 Bowers
Brady                   Branham                J. Brown
R. Brown                Cato                   Ceips
Chalk                   Chellis                Clark
Clemmons                Cobb-Hunter            Coleman
Cooper                  Dantzler               Davenport
Delleney                Emory                  Govan
Hamilton                Hardwick               Harrell
Harrison                Haskins                Hayes
Herbkersman             J. Hines               Hinson
Hiott                   Hosey                  Howard
Huggins                 Jennings               Kennedy
Kirsh                   Limehouse              Littlejohn
Lucas                   Mack                   Mahaffey
Martin                  McCraw                 McGee
Miller                  J. H. Neal             J. M. Neal
Neilson                 Ott                    Owens
Parks                   Perry                  Phillips
Pinson                  Rhoad                  Rice
Sandifer                Scarborough            Scott
Simrill                 Sinclair               Skelton
D. C. Smith             G. M. Smith            G. R. Smith
J. E. Smith             J. R. Smith            W. D. Smith
Talley                  Taylor                 Thompson
Townsend                Vaughn                 Vick
Viers                   Weeks                  White
Whitmire                Witherspoon

                                Total--86

Those who voted in the negative are:
Bailey                 Bingham                 Cotty
Duncan                 Edge                    Frye

                                  4170
                    WEDNESDAY, MAY 25, 2005

Hagood                  Leach                  Loftis
Merrill                 Norman                 E. H. Pitts
M. A. Pitts             Stewart                Toole
Umphlett                Walker                 Young

                                Total--18

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

                     VETO 113-- OVERRIDDEN
  Veto 113. Part IB, Section 73, Section 73.18, page 456, Line 32,
P28, Department of Parks, Recreation & Tourism, Heritage
Corridor/Willington on the Way, $350,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 71; Nays 32

 Those who voted in the affirmative are:
Agnew                   Altman                 Anderson
Anthony                 Barfield               Bowers
Branham                 Breeland               G. Brown
J. Brown                R. Brown               Ceips
Chalk                   Chellis                Clark
Clemmons                Clyburn                Cobb-Hunter
Cooper                  Dantzler               Davenport
Edge                    Emory                  Funderburk
Govan                   Harrell                Haskins
Hayes                   Herbkersman            J. Hines
M. Hines                Hosey                  Howard
Jefferson               Jennings               Kennedy
Leach                   Littlejohn             Loftis
Mack                    Martin                 McCraw
McGee                   McLeod                 Miller
J. H. Neal              J. M. Neal             Ott
Owens                   Parks                  Perry
Phillips                Pinson                 M. A. Pitts

                                  4171
                    WEDNESDAY, MAY 25, 2005

Sandifer                Scarborough            Scott
Skelton                 D. C. Smith            J. E. Smith
J. R. Smith             W. D. Smith            Taylor
Townsend                Umphlett               Vaughn
Vick                    Weeks                  Whipper
White                   Whitmire

                               Total--71

Those who voted in the negative are:
Bailey                 Ballentine              Bingham
Cato                   Cotty                   Delleney
Duncan                 Frye                    Hagood
Haley                  Hamilton                Hinson
Hiott                  Huggins                 Kirsh
Lucas                  Mahaffey                Merrill
Neilson                Norman                  E. H. Pitts
Rice                   Simrill                 Sinclair
G. M. Smith            Stewart                 Talley
Thompson               Toole                   Viers
Walker                 Young

                               Total--32

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

                    VETO 114-- OVERRIDDEN
  Veto 114. Part IB, Section 73, Section 73.18, page 456, Line 35,
P32, Department of Commerce, I-26/I-95 Corridor Project, $950,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 71; Nays 35

Those who voted in the affirmative are:
Agnew                  Altman                  Anderson
Anthony                Bailey                  Bales

                                 4172
                   WEDNESDAY, MAY 25, 2005

Barfield               Bowers             Breeland
J. Brown               R. Brown           Cato
Ceips                  Chalk              Chellis
Clark                  Clemmons           Clyburn
Cobb-Hunter            Coleman            Cooper
Dantzler               Davenport          Edge
Funderburk             Govan              Harrell
Hayes                  Herbkersman        J. Hines
M. Hines               Hosey              Howard
Jefferson              Jennings           Kennedy
Limehouse              Littlejohn         Mack
Martin                 McCraw             McGee
McLeod                 Merrill            Miller
J. H. Neal             J. M. Neal         Neilson
Ott                    Owens              Parks
Perry                  Phillips           M. A. Pitts
Sandifer               Scarborough        Scott
Sinclair               Skelton            J. E. Smith
J. R. Smith            Taylor             Townsend
Umphlett               Vick               Viers
Weeks                  Whipper            White
Whitmire               Young

                              Total--71

Those who voted in the negative are:
Ballentine             Bingham            Brady
Cotty                  Delleney           Duncan
Frye                   Hagood             Haley
Hamilton               Hardwick           Harrison
Haskins                Hiott              Huggins
Kirsh                  Leach              Loftis
Lucas                  Mahaffey           Norman
E. H. Pitts            Rice               Simrill
D. C. Smith            G. M. Smith        G. R. Smith
W. D. Smith            Stewart            Talley
Thompson               Toole              Vaughn
Walker                 Witherspoon

                              Total--35


                                 4173
                    WEDNESDAY, MAY 25, 2005

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

                     VETO 115-- SUSTAINED
  Veto 115. Part IB, Section 73, Section 73.18, page 456, Line 36,
R36, Department of Labor, Licensing and Regulation, Fire Academy –
Local Needs Equipment, $50,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 53; Nays 51

 Those who voted in the affirmative are:
Agnew                   Altman                 Anderson
Bales                   Barfield               Battle
Bowers                  Branham                Breeland
J. Brown                Ceips                  Clyburn
Davenport               Delleney               Funderburk
Govan                   Harrell                Haskins
Hayes                   Herbkersman            J. Hines
M. Hines                Hosey                  Howard
Jefferson               Jennings               Kennedy
Littlejohn              Lucas                  Mack
Mahaffey                Martin                 McCraw
McGee                   McLeod                 Miller
J. H. Neal              J. M. Neal             Ott
Parks                   M. A. Pitts            Sandifer
Scott                   Sinclair               J. E. Smith
Thompson                Townsend               Vaughn
Vick                    Weeks                  Whipper
White                   Whitmire

                                Total--53

Those who voted in the negative are:
Anthony                Bailey                  Ballentine
Bingham                Brady                   R. Brown
Cato                   Chellis                 Clark

                                  4174
                    WEDNESDAY, MAY 25, 2005

Clemmons                Coleman                Cooper
Cotty                   Dantzler               Duncan
Edge                    Frye                   Hagood
Haley                   Hamilton               Hardwick
Harrison                Hinson                 Hiott
Huggins                 Kirsh                  Leach
Limehouse               Loftis                 Merrill
Neilson                 Norman                 Owens
Perry                   Phillips               E. H. Pitts
Rice                    Scarborough            D. C. Smith
G. M. Smith             G. R. Smith            J. R. Smith
W. D. Smith             Stewart                Talley
Toole                   Umphlett               Viers
Walker                  Witherspoon            Young

                                Total--51

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

                   VETO 116-- OVERRIDDEN
  Veto 116. Part IB, Section 73, Section 73.18, page 456, Line 37,
H87, State Library, Williamsburg County Children’s Library,
$450,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 74; Nays 35

 Those who voted in the affirmative are:
Agnew                   Altman                 Anderson
Anthony                 Bailey                 Bales
Barfield                Battle                 Bowers
Branham                 Breeland               G. Brown
J. Brown                R. Brown               Ceips
Chalk                   Clark                  Clemmons
Clyburn                 Cobb-Hunter            Coleman
Cooper                  Davenport              Emory

                                  4175
                   WEDNESDAY, MAY 25, 2005

Funderburk             Govan               Hardwick
Harrell                Haskins             Hayes
J. Hines               M. Hines            Hinson
Hiott                  Hosey               Howard
Jefferson              Jennings            Kennedy
Kirsh                  Leach               Littlejohn
Lucas                  Mack                Martin
McCraw                 McGee               McLeod
Miller                 J. H. Neal          J. M. Neal
Neilson                Ott                 Owens
Parks                  Perry               Phillips
M. A. Pitts            Rice                Sandifer
Scott                  Sinclair            Skelton
J. E. Smith            J. R. Smith         Townsend
Umphlett               Vaughn              Vick
Weeks                  Whipper             White
Whitmire               Young

                              Total--74

Those who voted in the negative are:
Ballentine             Bingham             Brady
Cato                   Chellis             Cotty
Delleney               Duncan              Edge
Frye                   Hagood              Haley
Hamilton               Harrison            Herbkersman
Huggins                Limehouse           Loftis
Mahaffey               Merrill             Norman
E. H. Pitts            Scarborough         D. C. Smith
G. M. Smith            G. R. Smith         W. D. Smith
Stewart                Talley              Taylor
Thompson               Toole               Viers
Walker                 Witherspoon

                              Total--35

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




                                 4176
                    WEDNESDAY, MAY 25, 2005

                     VETO 117-- OVERRIDDEN
  Veto 117. Part IB, Section 73, Section 73.18, page 456, Line 39,
H36, University of South Carolina – Beaufort, Penn Center, $500,000.
  Rep. HARRELL spoke against the Veto.
  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 81; Nays 25
 Those who voted in the affirmative are:
Agnew                   Altman                 Anderson
Anthony                 Bailey                 Bales
Barfield                Battle                 Bowers
Brady                   Breeland               G. Brown
J. Brown                R. Brown               Cato
Ceips                   Chalk                  Chellis
Clemmons                Clyburn                Cobb-Hunter
Coleman                 Cooper                 Dantzler
Davenport               Emory                  Funderburk
Govan                   Hardwick               Harrell
Harrison                Hayes                  Herbkersman
J. Hines                M. Hines               Hiott
Hosey                   Howard                 Jefferson
Jennings                Kennedy                Leach
Limehouse               Littlejohn             Loftis
Mack                    Mahaffey               Martin
McCraw                  McGee                  McLeod
Merrill                 Miller                 J. H. Neal
J. M. Neal              Neilson                Ott
Owens                   Parks                  Perry
Phillips                Pinson                 Rice
Scarborough             Scott                  Sinclair
Skelton                 D. C. Smith            J. E. Smith
J. R. Smith             Taylor                 Townsend
Umphlett                Vaughn                 Vick
Viers                   Weeks                  Whipper
White                   Whitmire               Young

                                Total--81

                                  4177
                    WEDNESDAY, MAY 25, 2005

Those who voted in the negative are:
Ballentine             Bingham                 Clark
Cotty                  Delleney                Duncan
Edge                   Frye                    Hagood
Haley                  Hamilton                Huggins
Kirsh                  Lucas                   Norman
E. H. Pitts            Sandifer                G. M. Smith
G. R. Smith            Stewart                 Talley
Thompson               Toole                   Walker
Witherspoon

                               Total--25

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

                    VETO 118-- OVERRIDDEN
   Veto 118. Part IB, Section 73, Section 73.18, page 456, Line 40,
H59, State Board for Technical and Comprehensive Education,
Florence-Darlington Technical College – Mullins Satellite Campus,
$350,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 77; Nays 29

Those who voted in the affirmative are:
Agnew                  Altman                  Anderson
Anthony                Bailey                  Bales
Barfield               Battle                  Bowers
Breeland               G. Brown                J. Brown
R. Brown               Cato                    Chalk
Chellis                Clark                   Clemmons
Clyburn                Cobb-Hunter             Coleman
Cooper                 Dantzler                Davenport
Delleney               Emory                   Funderburk
Govan                  Harrell                 Harrison
Haskins                Hayes                   J. Hines

                                 4178
                   WEDNESDAY, MAY 25, 2005

M. Hines               Hinson                Hiott
Hosey                  Howard                Jefferson
Jennings               Kennedy               Leach
Limehouse              Littlejohn            Lucas
Mack                   Mahaffey              Martin
McCraw                 McGee                 McLeod
Miller                 J. H. Neal            J. M. Neal
Neilson                Ott                   Parks
Perry                  Phillips              Pinson
Rice                   Scott                 Sinclair
Skelton                J. E. Smith           J. R. Smith
W. D. Smith            Taylor                Townsend
Vaughn                 Vick                  Viers
Weeks                  Whipper               White
Whitmire               Young

                              Total--77

Those who voted in the negative are:
Ballentine             Bingham               Brady
Cotty                  Duncan                Edge
Frye                   Hagood                Haley
Hamilton               Huggins               Kirsh
Loftis                 Merrill               Norman
Owens                  E. H. Pitts           Sandifer
Scarborough            D. C. Smith           G. M. Smith
G. R. Smith            Stewart               Talley
Thompson               Toole                 Umphlett
Walker                 Witherspoon

                              Total--29

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

                      VETO 119-- SUSTAINED
  Veto 119. Part IB, Section 73, Section 73.18, page 456, Line 41,
P28, Department of Parks, Recreation & Tourism, Repair and
Maintenance to the Francis Marion Tomb, $50,000.

  Rep. HARRELL spoke in favor of the Veto.

                                 4179
                    WEDNESDAY, MAY 25, 2005

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 30; Nays 77

 Those who voted in the affirmative are:
Agnew                   Anthony                Bales
Battle                  Bowers                 Branham
R. Brown                Ceips                  Coleman
Davenport               Funderburk             Hayes
Herbkersman             M. Hines               Howard
Jefferson               Jennings               Kennedy
Littlejohn              Mack                   Martin
McCraw                  McGee                  McLeod
Miller                  Phillips               Rice
Scarborough             Vick                   Whipper

                                Total--30

 Those who voted in the negative are:
Altman                  Anderson               Bailey
Ballentine              Barfield               Bingham
Brady                   Breeland               Cato
Chalk                   Chellis                Clark
Clemmons                Clyburn                Cooper
Cotty                   Dantzler               Delleney
Duncan                  Edge                   Emory
Frye                    Govan                  Hagood
Haley                   Hamilton               Hardwick
Harrell                 Harrison               Haskins
J. Hines                Hinson                 Hiott
Hosey                   Huggins                Kirsh
Leach                   Limehouse              Loftis
Lucas                   Mahaffey               Merrill
J. H. Neal              J. M. Neal             Neilson
Norman                  Ott                    Owens
Perry                   Pinson                 E. H. Pitts
Sandifer                Scott                  Simrill
Sinclair                Skelton                D. C. Smith
G. M. Smith             G. R. Smith            J. E. Smith
J. R. Smith             W. D. Smith            Stewart

                                  4180
                    WEDNESDAY, MAY 25, 2005

Talley                  Taylor                 Thompson
Toole                   Townsend               Umphlett
Vaughn                  Viers                  Walker
Weeks                   White                  Whitmire
Witherspoon             Young

                                Total--77

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

                    VETO 120-- OVERRIDDEN
  Veto 120. Part IB, Section 73, Section 73.18, page 456, Line 42,
D10, Governor’s Office-State Law Enforcement Division, Marlboro
County Sheriff’s Department Building, $250,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 88; Nays 17

 Those who voted in the affirmative are:
Agnew                   Altman                 Anderson
Anthony                 Bailey                 Bales
Barfield                Battle                 Bowers
Branham                 Breeland               J. Brown
R. Brown                Cato                   Ceips
Chalk                   Chellis                Clemmons
Clyburn                 Cobb-Hunter            Coleman
Cooper                  Dantzler               Davenport
Delleney                Edge                   Emory
Funderburk              Govan                  Hamilton
Hardwick                Harrell                Harrison
Haskins                 Hayes                  Herbkersman
J. Hines                M. Hines               Hiott
Hosey                   Howard                 Huggins
Jefferson               Jennings               Kennedy
Kirsh                   Leach                  Limehouse
Littlejohn              Lucas                  Mack

                                  4181
                   WEDNESDAY, MAY 25, 2005

Mahaffey               McCraw                  McGee
McLeod                 Miller                  J. H. Neal
J. M. Neal             Neilson                 Ott
Parks                  Phillips                Pinson
M. A. Pitts            Rice                    Sandifer
Scarborough            Scott                   Simrill
Sinclair               Skelton                 G. M. Smith
J. E. Smith            J. R. Smith             W. D. Smith
Taylor                 Thompson                Townsend
Umphlett               Vaughn                  Vick
Viers                  Walker                  Weeks
Whipper                White                   Whitmire
Witherspoon

                              Total--88

Those who voted in the negative are:
Ballentine             Bingham                 Clark
Cotty                  Duncan                  Frye
Hagood                 Hinson                  Loftis
Merrill                Norman                  Owens
E. H. Pitts            D. C. Smith             G. R. Smith
Stewart                Toole

                              Total--17

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

                    VETO 121-- OVERRIDDEN
  Veto 121. Part IB, Section 73, Section 73.18, page 456, Line 53,
H37, University of South Carolina – Lancaster, Deferred Maintenance,
$100,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 92; Nays 12


                                 4182
                    WEDNESDAY, MAY 25, 2005

 Those who voted in the affirmative are:
Agnew                   Altman              Anderson
Anthony                 Bailey              Bales
Barfield                Battle              Bowers
Brady                   Breeland            G. Brown
J. Brown                R. Brown            Cato
Ceips                   Chalk               Chellis
Clark                   Clemmons            Clyburn
Cobb-Hunter             Coleman             Cooper
Cotty                   Dantzler            Davenport
Delleney                Duncan              Emory
Funderburk              Govan               Hamilton
Hardwick                Harrell             Harrison
Hayes                   M. Hines            Hinson
Hiott                   Hosey               Howard
Jefferson               Jennings            Kennedy
Kirsh                   Leach               Limehouse
Littlejohn              Loftis              Lucas
Mack                    Mahaffey            McCraw
McGee                   McLeod              Merrill
Miller                  J. H. Neal          J. M. Neal
Neilson                 Ott                 Owens
Parks                   Perry               Phillips
Pinson                  M. A. Pitts         Rice
Sandifer                Scarborough         Scott
Sinclair                Skelton             D. C. Smith
G. M. Smith             J. E. Smith         J. R. Smith
Taylor                  Thompson            Townsend
Umphlett                Vaughn              Vick
Viers                   Walker              Weeks
Whipper                 White               Whitmire
Witherspoon             Young

                                Total--92

Those who voted in the negative are:
Ballentine             Bingham              Frye
Hagood                 Haley                Huggins




                                  4183
                    WEDNESDAY, MAY 25, 2005

Norman                  E. H. Pitts            Simrill
G. R. Smith             Talley                 Toole

                                Total--12

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

                    VETO 122-- OVERRIDDEN
  Veto 122. Part IB, Section 73, Section 73.18, page 457, Line 43,
P28, Department of Parks, Recreation & Tourism, Walhalla Civic
Auditorium, $250,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 101; Nays 2

 Those who voted in the affirmative are:
Agnew                   Altman                 Anderson
Anthony                 Bailey                 Bales
Barfield                Battle                 Bingham
Bowers                  Brady                  Branham
Breeland                G. Brown               J. Brown
R. Brown                Cato                   Ceips
Chalk                   Chellis                Clark
Clemmons                Clyburn                Cobb-Hunter
Coleman                 Cooper                 Cotty
Dantzler                Davenport              Delleney
Duncan                  Edge                   Emory
Frye                    Funderburk             Govan
Hamilton                Hardwick               Harrell
Harrison                Hayes                  J. Hines
M. Hines                Hinson                 Hiott
Hosey                   Howard                 Huggins
Jefferson               Jennings               Kirsh
Leach                   Limehouse              Littlejohn
Loftis                  Lucas                  Mack
Mahaffey                Martin                 McCraw

                                  4184
                   WEDNESDAY, MAY 25, 2005

McGee                  Merrill                 Miller
J. H. Neal             J. M. Neal              Neilson
Ott                    Owens                   Parks
Perry                  Phillips                Pinson
E. H. Pitts            M. A. Pitts             Rice
Sandifer               Scarborough             Scott
Simrill                Sinclair                Skelton
D. C. Smith            G. M. Smith             G. R. Smith
J. E. Smith            J. R. Smith             W. D. Smith
Taylor                 Thompson                Toole
Townsend               Umphlett                Vaughn
Vick                   Viers                   Walker
Whipper                White                   Whitmire
Witherspoon            Young

                              Total--101

Those who voted in the negative are:
Hagood                 Norman

                               Total--2

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

                       RECORD FOR VOTING
   I was away from my desk for the vote on Veto No. 122. I would
have voted to sustain the veto.
   Rep. Nathan Ballentine

                    VETO 123-- OVERRIDDEN
  Veto 123. Part IB, Section 73, Section 73.18, page 457, Line 44,
P28, Department of Parks, Recreation & Tourism, Battle of Camden
Land Acquisition, $200,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 90; Nays 17

                                 4185
                    WEDNESDAY, MAY 25, 2005

 Those who voted in the affirmative are:
Agnew                   Altman              Anderson
Anthony                 Bailey              Bales
Barfield                Battle              Bowers
Brady                   Branham             Breeland
G. Brown                J. Brown            R. Brown
Cato                    Ceips               Chalk
Chellis                 Clark               Clemmons
Clyburn                 Cobb-Hunter         Coleman
Cooper                  Cotty               Dantzler
Davenport               Delleney            Edge
Emory                   Govan               Hagood
Hamilton                Hardwick            Harrell
Harrison                Haskins             Hayes
J. Hines                M. Hines            Hinson
Hiott                   Hosey               Howard
Jefferson               Jennings            Kennedy
Leach                   Limehouse           Littlejohn
Lucas                   Mack                Martin
McCraw                  McGee               McLeod
Miller                  J. H. Neal          J. M. Neal
Neilson                 Ott                 Owens
Parks                   Perry               Phillips
Pinson                  M. A. Pitts         Rice
Sandifer                Scarborough         Scott
Simrill                 Sinclair            Skelton
G. M. Smith             G. R. Smith         J. E. Smith
J. R. Smith             W. D. Smith         Taylor
Thompson                Townsend            Umphlett
Vaughn                  Vick                Weeks
Whipper                 Whitmire            Young

                                Total--90

Those who voted in the negative are:
Ballentine             Bingham              Duncan
Frye                   Haley                Huggins
Kirsh                  Mahaffey             Merrill
Norman                 E. H. Pitts          D. C. Smith



                                  4186
                    WEDNESDAY, MAY 25, 2005

Talley                  Toole                   Walker
White                   Witherspoon

                               Total--17

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

                     RECORD FOR VOTING
   Out of an abundance of caution, I did not vote or participate in any
open discussion on Veto 123.
   Rep. Laurie Slade Funderburk

                        SPEAKER IN CHAIR

                   VETO 124-- OVERRIDDEN
  Veto 124. Part IB, Section 73, Section 73.18, page 457, Line 45,
H24, South Carolina State University, Program Enhancement and
Deferred Maintenance, $1,500,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 90; Nays 14

Those who voted in the affirmative are:
Agnew                  Altman                   Anderson
Anthony                Bailey                   Bales
Barfield               Battle                   Bowers
Brady                  Branham                  Breeland
G. Brown               J. Brown                 R. Brown
Cato                   Ceips                    Chalk
Chellis                Clark                    Clemmons
Clyburn                Cobb-Hunter              Coleman
Cooper                 Cotty                    Dantzler
Davenport              Delleney                 Duncan
Emory                  Funderburk               Govan
Hamilton               Hardwick                 Harrell
Haskins                Hayes                    J. Hines

                                  4187
                   WEDNESDAY, MAY 25, 2005

M. Hines               Hinson                Hiott
Hosey                  Howard                Jefferson
Jennings               Kennedy               Kirsh
Leach                  Limehouse             Littlejohn
Lucas                  Mack                  Martin
McCraw                 McGee                 McLeod
Merrill                Miller                J. H. Neal
J. M. Neal             Neilson               Ott
Owens                  Parks                 Perry
Phillips               Pinson                M. A. Pitts
Sandifer               Scarborough           Scott
Sinclair               Skelton               D. C. Smith
J. E. Smith            J. R. Smith           Talley
Taylor                 Thompson              Townsend
Umphlett               Vaughn                Vick
Weeks                  Whipper               White
Wilkins                Witherspoon           Young

                              Total--90

Those who voted in the negative are:
Ballentine             Bingham               Frye
Hagood                 Haley                 Huggins
Mahaffey               Norman                E. H. Pitts
Rice                   Simrill               G. R. Smith
Toole                  Walker

                              Total--14

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

                      RECORD FOR VOTING
    On Veto No. 124, concerning S.C. State, I voted to sustain. I
intended to vote to override.
    Rep. Rex Rice

                    VETO 125-- OVERRIDDEN
  Veto 125. Part IB, Section 73, Section 73.18, page 457, Line 46,
H09, The Citadel, Deferred Maintenance, $500,000.


                                 4188
                    WEDNESDAY, MAY 25, 2005

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 90; Nays 12

 Those who voted in the affirmative are:
Altman                  Anderson               Anthony
Bailey                  Bales                  Barfield
Battle                  Bowers                 Brady
Branham                 Breeland               J. Brown
R. Brown                Cato                   Ceips
Chalk                   Chellis                Clemmons
Clyburn                 Cobb-Hunter            Coleman
Cooper                  Dantzler               Davenport
Delleney                Duncan                 Edge
Emory                   Funderburk             Govan
Hamilton                Hardwick               Harrell
Hayes                   J. Hines               M. Hines
Hinson                  Hiott                  Hosey
Howard                  Jefferson              Jennings
Kennedy                 Kirsh                  Leach
Limehouse               Littlejohn             Loftis
Lucas                   Mack                   Martin
McCraw                  McGee                  McLeod
Merrill                 Miller                 J. H. Neal
J. M. Neal              Neilson                Ott
Owens                   Parks                  Perry
Phillips                Pinson                 M. A. Pitts
Rice                    Sandifer               Scarborough
Scott                   Simrill                Sinclair
Skelton                 D. C. Smith            G. M. Smith
J. R. Smith             Talley                 Taylor
Thompson                Townsend               Umphlett
Vaughn                  Vick                   Weeks
Whipper                 White                  Whitmire
Wilkins                 Witherspoon            Young

                                Total--90


                                  4189
                    WEDNESDAY, MAY 25, 2005

Those who voted in the negative are:
Ballentine             Bingham                 Frye
Hagood                 Haley                   Huggins
Mahaffey               Norman                  E. H. Pitts
G. R. Smith            Toole                   Walker

                                Total--12

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

                   VETO 126-- OVERRIDDEN
  Veto 126. Part IB, Section 73, Section 73.18, page 457, Line 47,
H12, Clemson University, Engineering Research Centers, $408,728.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 100; Nays 7

 Those who voted in the affirmative are:
Agnew                   Altman                 Anderson
Anthony                 Bailey                 Bales
Ballentine              Barfield               Battle
Bingham                 Bowers                 Brady
Branham                 Breeland               G. Brown
J. Brown                R. Brown               Cato
Ceips                   Chalk                  Chellis
Clark                   Clemmons               Clyburn
Cobb-Hunter             Coleman                Cooper
Cotty                   Dantzler               Davenport
Delleney                Duncan                 Edge
Emory                   Funderburk             Govan
Hagood                  Haley                  Hamilton
Hardwick                Harrell                Haskins
Hayes                   J. Hines               Hinson
Hiott                   Hosey                  Howard
Huggins                 Jefferson              Jennings
Kirsh                   Leach                  Limehouse

                                  4190
                   WEDNESDAY, MAY 25, 2005

Littlejohn             Loftis                  Lucas
Mack                   Mahaffey                Martin
McCraw                 McGee                   McLeod
Merrill                Miller                  J. H. Neal
J. M. Neal             Neilson                 Ott
Owens                  Parks                   Perry
Phillips               Pinson                  M. A. Pitts
Rhoad                  Rice                    Sandifer
Scarborough            Scott                   Simrill
Sinclair               Skelton                 D. C. Smith
J. E. Smith            J. R. Smith             W. D. Smith
Talley                 Taylor                  Thompson
Umphlett               Vaughn                  Vick
Weeks                  Whipper                 White
Whitmire               Wilkins                 Witherspoon
Young

                              Total--100

Those who voted in the negative are:
Frye                   Norman                  E. H. Pitts
G. M. Smith            G. R. Smith             Toole
Walker

                               Total--7

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

                   VETO 127-- OVERRIDDEN
  Veto 127. Part I B, Section 73, Section 73.18, page 457, Line 48,
H12, Clemson University, Deferred Maintenance, $400,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 87; Nays 13



                                 4191
                    WEDNESDAY, MAY 25, 2005

 Those who voted in the affirmative are:
Agnew                   Anderson            Bailey
Bales                   Barfield            Battle
Bowers                  Brady               Branham
G. Brown                R. Brown            Cato
Ceips                   Chalk               Chellis
Clark                   Clemmons            Clyburn
Cobb-Hunter             Coleman             Cooper
Cotty                   Dantzler            Davenport
Delleney                Duncan              Edge
Emory                   Funderburk          Govan
Hamilton                Hardwick            Harrell
Haskins                 Hayes               Herbkersman
J. Hines                M. Hines            Hinson
Hiott                   Hosey               Howard
Jefferson               Jennings            Kirsh
Leach                   Limehouse           Littlejohn
Lucas                   Mack                Martin
McCraw                  McGee               McLeod
Merrill                 Miller              J. M. Neal
Owens                   Parks               Perry
Phillips                M. A. Pitts         Rhoad
Rice                    Sandifer            Scarborough
Scott                   Simrill             Sinclair
Skelton                 D. C. Smith         G. M. Smith
J. E. Smith             J. R. Smith         W. D. Smith
Talley                  Taylor              Thompson
Umphlett                Vick                Weeks
Whipper                 White               Whitmire
Wilkins                 Witherspoon         Young

                                Total--87

Those who voted in the negative are:
Anthony                Ballentine           Bingham
Frye                   Hagood               Haley
Huggins                Mahaffey             Norman
E. H. Pitts            G. R. Smith          Toole
Walker

                                Total--13

                                  4192
                    WEDNESDAY, MAY 25, 2005

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

                    RECORD FOR VOTING
    On Veto No. 127 I voted “nay”. I intended to vote “yea” to
override the veto.
    Rep. Mike Anthony

                     VETO 128-- OVERRIDDEN
  Veto 128. Part IB, Section 73, Section 73.18, page 457, Line 49,
H17, Coastal Carolina University, Science Building Support, $500,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 76; Nays 20

 Those who voted in the affirmative are:
Agnew                   Anderson               Anthony
Bales                   Barfield               Battle
Bowers                  Brady                  Branham
G. Brown                J. Brown               R. Brown
Cato                    Ceips                  Chalk
Chellis                 Clark                  Clemmons
Cobb-Hunter             Coleman                Cooper
Cotty                   Davenport              Edge
Emory                   Govan                  Hamilton
Hardwick                Harrell                Haskins
Hayes                   M. Hines               Hinson
Hiott                   Hosey                  Howard
Jefferson               Jennings               Leach
Limehouse               Mack                   Mahaffey
Martin                  McCraw                 McGee
Merrill                 Miller                 J. H. Neal
J. M. Neal              Owens                  Parks
Perry                   Phillips               Pinson
M. A. Pitts             Rhoad                  Rice
Sandifer                Scarborough            Scott
Simrill                 Sinclair               Skelton

                                  4193
                    WEDNESDAY, MAY 25, 2005

D. C. Smith             J. E. Smith            J. R. Smith
Taylor                  Umphlett               Vick
Weeks                   Whipper                White
Whitmire                Wilkins                Witherspoon
Young

                                Total--76

Those who voted in the negative are:
Ballentine             Bingham                 Delleney
Duncan                 Frye                    Funderburk
Hagood                 Haley                   Huggins
Kirsh                  Lucas                   McLeod
Norman                 E. H. Pitts             G. M. Smith
G. R. Smith            Talley                  Thompson
Toole                  Walker

                                Total--20

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

                    VETO 129-- OVERRIDDEN
  Veto 129. Part IB, Section 73, Section 73.18, page 457, Line 50,
H21, Lander University, Deferred Maintenance, $1,000,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 93; Nays 12

 Those who voted in the affirmative are:
Agnew                   Anderson               Anthony
Bailey                  Bales                  Barfield
Battle                  Bowers                 Brady
Branham                 Breeland               G. Brown
J. Brown                Cato                   Ceips
Chalk                   Chellis                Clark
Clemmons                Clyburn                Cobb-Hunter

                                  4194
                   WEDNESDAY, MAY 25, 2005

Coleman                Cooper              Cotty
Dantzler               Davenport           Delleney
Duncan                 Edge                Emory
Frye                   Funderburk          Govan
Hamilton               Hardwick            Harrell
Haskins                Hayes               J. Hines
M. Hines               Hinson              Hiott
Hosey                  Huggins             Jefferson
Jennings               Kennedy             Leach
Limehouse              Littlejohn          Loftis
Lucas                  Mack                Martin
McCraw                 McGee               McLeod
Merrill                Miller              J. H. Neal
J. M. Neal             Ott                 Owens
Parks                  Perry               Phillips
Pinson                 M. A. Pitts         Rhoad
Rice                   Rutherford          Sandifer
Scarborough            Scott               Sinclair
Skelton                D. C. Smith         G. M. Smith
J. E. Smith            J. R. Smith         Talley
Taylor                 Thompson            Umphlett
Vaughn                 Vick                Weeks
Whipper                White               Whitmire
Wilkins                Witherspoon         Young

                              Total--93

Those who voted in the negative are:
Ballentine             Bingham             Hagood
Haley                  Kirsh               Mahaffey
Norman                 E. H. Pitts         Simrill
G. R. Smith            Toole               Walker

                              Total--12

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




                                 4195
                    WEDNESDAY, MAY 25, 2005

                     VETO 130-- OVERRIDDEN
  Veto 130. Part IB, Section 73, Section 73.18, page 457, Line 51,
H27, University of South Carolina, Deferred Maintenance, $475,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 94; Nays 11

 Those who voted in the affirmative are:
Agnew                   Anderson               Anthony
Bailey                  Bales                  Barfield
Battle                  Bowers                 Brady
Branham                 Breeland               G. Brown
J. Brown                R. Brown               Cato
Ceips                   Chalk                  Chellis
Clark                   Clemmons               Clyburn
Cobb-Hunter             Coleman                Cooper
Cotty                   Dantzler               Davenport
Delleney                Duncan                 Edge
Emory                   Funderburk             Govan
Hamilton                Hardwick               Harrell
Haskins                 Hayes                  J. Hines
M. Hines                Hinson                 Hiott
Hosey                   Howard                 Jefferson
Jennings                Kennedy                Leach
Limehouse               Littlejohn             Loftis
Lucas                   Mack                   Martin
McCraw                  McGee                  McLeod
Merrill                 J. H. Neal             J. M. Neal
Neilson                 Ott                    Owens
Parks                   Perry                  Phillips
M. A. Pitts             Rhoad                  Rice
Rutherford              Sandifer               Scarborough
Scott                   Simrill                Sinclair
Skelton                 D. C. Smith            G. M. Smith
J. E. Smith             J. R. Smith            W. D. Smith
Talley                  Taylor                 Thompson
Umphlett                Vaughn                 Vick

                                  4196
                    WEDNESDAY, MAY 25, 2005

Weeks                   Whipper                White
Whitmire                Wilkins                Witherspoon
Young

                               Total--94

Those who voted in the negative are:
Ballentine             Bingham                 Frye
Hagood                 Haley                   Kirsh
Mahaffey               Norman                  E. H. Pitts
G. R. Smith            Toole

                               Total--11

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

                   VETO 131-- OVERRIDDEN
  Veto 131. Part IB, Section 73, Section 73.18, page 457, Line 52,
H29, University of South Carolina – Aiken, Deferred Maintenance,
$250,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 86; Nays 11

Those who voted in the affirmative are:
Agnew                  Anderson                Anthony
Bales                  Barfield                Battle
Bowers                 Brady                   Branham
Breeland               G. Brown                J. Brown
R. Brown               Cato                    Ceips
Chalk                  Chellis                 Clark
Clemmons               Clyburn                 Cobb-Hunter
Coleman                Cooper                  Cotty
Dantzler               Davenport               Delleney
Duncan                 Edge                    Emory
Funderburk             Govan                   Hamilton

                                  4197
                   WEDNESDAY, MAY 25, 2005

Hardwick               Harrell               Haskins
Hayes                  J. Hines              M. Hines
Hinson                 Hiott                 Hosey
Huggins                Jefferson             Jennings
Leach                  Limehouse             Littlejohn
Lucas                  Mack                  Martin
McCraw                 McLeod                Merrill
J. H. Neal             J. M. Neal            Ott
Owens                  Parks                 Perry
Phillips               M. A. Pitts           Rhoad
Rice                   Rutherford            Sandifer
Scarborough            Scott                 Sinclair
Skelton                D. C. Smith           G. M. Smith
J. R. Smith            W. D. Smith           Talley
Taylor                 Thompson              Umphlett
Vaughn                 Vick                  Weeks
Whipper                White                 Whitmire
Wilkins                Witherspoon

                              Total--86

Those who voted in the negative are:
Ballentine             Bingham               Frye
Hagood                 Haley                 Mahaffey
Norman                 E. H. Pitts           G. R. Smith
Toole                  Walker

                              Total--11

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

                    VETO 132-- OVERRIDDEN
  Veto 132. Part IB, Section 73, Section 73.18, page 457, Line 54,
H38, University of South Carolina – Salkehatchie, Deferred
Maintenance, $100,000.

  Rep. HARRELL spoke against the Veto.




                                 4198
                    WEDNESDAY, MAY 25, 2005

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 88; Nays 14

 Those who voted in the affirmative are:
Agnew                   Anderson               Anthony
Bailey                  Bales                  Barfield
Battle                  Bowers                 Brady
Branham                 Breeland               G. Brown
J. Brown                R. Brown               Cato
Ceips                   Chalk                  Chellis
Clark                   Clemmons               Clyburn
Cobb-Hunter             Coleman                Cooper
Cotty                   Dantzler               Davenport
Duncan                  Edge                   Funderburk
Govan                   Hamilton               Hardwick
Harrell                 Haskins                Hayes
J. Hines                M. Hines               Hinson
Hiott                   Hosey                  Howard
Jefferson               Jennings               Kennedy
Leach                   Limehouse              Loftis
Mack                    Martin                 McCraw
McGee                   McLeod                 Merrill
Miller                  J. H. Neal             J. M. Neal
Ott                     Owens                  Parks
Perry                   Phillips               Pinson
M. A. Pitts             Rhoad                  Rice
Rutherford              Sandifer               Scarborough
Scott                   Simrill                Sinclair
Skelton                 D. C. Smith            G. M. Smith
J. R. Smith             W. D. Smith            Talley
Thompson                Umphlett               Vaughn
Vick                    Weeks                  Whipper
White                   Whitmire               Witherspoon
Young

                                Total--88




                                  4199
                    WEDNESDAY, MAY 25, 2005

Those who voted in the negative are:
Ballentine              Bingham                Delleney
Frye                    Hagood                 Haley
Huggins                 Lucas                  Mahaffey
Norman                  E. H. Pitts            G. R. Smith
Toole                   Walker

                                Total--14

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

                    VETO 133-- OVERRIDDEN
  Veto 133. Part IB, Section 73, Section 73.18, page 457, Line 55,
H39, University of South Carolina – Sumter, Deferred Maintenance,
$250,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 93; Nays 12

 Those who voted in the affirmative are:
Agnew                   Anderson               Anthony
Bailey                  Bales                  Barfield
Battle                  Bowers                 Brady
Branham                 Breeland               G. Brown
J. Brown                R. Brown               Cato
Ceips                   Chalk                  Chellis
Clark                   Clemmons               Clyburn
Cobb-Hunter             Coleman                Cooper
Cotty                   Dantzler               Davenport
Delleney                Duncan                 Edge
Emory                   Funderburk             Govan
Hamilton                Hardwick               Harrell
Hayes                   Herbkersman            J. Hines
M. Hines                Hinson                 Hiott
Hosey                   Howard                 Jefferson
Jennings                Kennedy                Kirsh

                                  4200
                   WEDNESDAY, MAY 25, 2005

Leach                  Limehouse               Littlejohn
Loftis                 Lucas                   Mack
Martin                 McCraw                  McGee
McLeod                 Merrill                 Miller
J. H. Neal             J. M. Neal              Neilson
Ott                    Owens                   Parks
Perry                  Phillips                Pinson
M. A. Pitts            Rhoad                   Rice
Rutherford             Sandifer                Scarborough
Simrill                Sinclair                Skelton
D. C. Smith            G. M. Smith             J. E. Smith
J. R. Smith            Talley                  Taylor
Thompson               Umphlett                Weeks
Whipper                White                   Whitmire
Wilkins                Witherspoon             Young

                              Total--93

Those who voted in the negative are:
Ballentine             Bingham                 Frye
Hagood                 Haley                   Haskins
Huggins                Mahaffey                Norman
E. H. Pitts            G. R. Smith             Toole

                              Total--12

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

                   VETO 134-- OVERRIDDEN
  Veto 134. Part IB, Section 73, Section 73.18, page 457, Line 56,
H40, University of South Carolina– Union, Deferred Maintenance,
$100,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 94; Nays 10


                                 4201
                    WEDNESDAY, MAY 25, 2005

 Those who voted in the affirmative are:
Agnew                   Anderson            Anthony
Bailey                  Bales               Barfield
Battle                  Bowers              Brady
Branham                 Breeland            G. Brown
J. Brown                R. Brown            Cato
Ceips                   Chalk               Chellis
Clark                   Clemmons            Clyburn
Cobb-Hunter             Coleman             Cooper
Cotty                   Dantzler            Davenport
Delleney                Duncan              Edge
Emory                   Funderburk          Govan
Hamilton                Hardwick            Harrell
Harrison                Haskins             Hayes
Herbkersman             J. Hines            M. Hines
Hinson                  Hiott               Hosey
Jefferson               Jennings            Kirsh
Limehouse               Littlejohn          Loftis
Lucas                   Mack                Mahaffey
Martin                  McCraw              McGee
McLeod                  Merrill             Miller
J. H. Neal              J. M. Neal          Neilson
Ott                     Owens               Parks
Perry                   Phillips            Pinson
M. A. Pitts             Rhoad               Rice
Rutherford              Scarborough         Scott
Simrill                 Skelton             D. C. Smith
G. M. Smith             J. R. Smith         W. D. Smith
Talley                  Taylor              Thompson
Umphlett                Vaughn              Vick
Weeks                   Whipper             White
Whitmire                Wilkins             Witherspoon
Young

                                Total--94

Those who voted in the negative are:
Ballentine             Bingham              Frye
Hagood                 Haley                Huggins



                                  4202
                    WEDNESDAY, MAY 25, 2005

Norman                  E. H. Pitts            G. R. Smith
Toole

                                Total--10

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

                   VETO 135-- OVERRIDDEN
  Veto 135. Part IB, Section 73, Section 73.18, page 457, Line 57,
H59, State Board for Technical and Comprehensive Education,
Deferred Maintenance a) Aiken Technical College, $100,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 88; Nays 8

 Those who voted in the affirmative are:
Agnew                   Anderson               Anthony
Bailey                  Bales                  Battle
Bowers                  Brady                  Branham
Breeland                G. Brown               J. Brown
R. Brown                Cato                   Ceips
Chalk                   Chellis                Clark
Clemmons                Clyburn                Coleman
Cooper                  Cotty                  Dantzler
Davenport               Delleney               Duncan
Edge                    Emory                  Funderburk
Govan                   Hamilton               Hardwick
Harrell                 Haskins                Hayes
Herbkersman             J. Hines               M. Hines
Hinson                  Hiott                  Hosey
Jefferson               Jennings               Kirsh
Leach                   Limehouse              Littlejohn
Loftis                  Lucas                  Mack
Mahaffey                Martin                 McCraw
McGee                   McLeod                 Merrill
Miller                  J. H. Neal             J. M. Neal

                                  4203
                    WEDNESDAY, MAY 25, 2005

Neilson                 Owens                  Parks
Perry                   Phillips               M. A. Pitts
Rice                    Rutherford             Sandifer
Scarborough             Scott                  Simrill
Sinclair                Skelton                D. C. Smith
G. M. Smith             J. R. Smith            W. D. Smith
Taylor                  Thompson               Umphlett
Vaughn                  Vick                   Weeks
Whipper                 White                  Whitmire
Witherspoon

                               Total--88

Those who voted in the negative are:
Ballentine             Bingham                 Frye
Hagood                 Haley                   Norman
E. H. Pitts            Toole

                               Total--8

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

                   VETO 136-- OVERRIDDEN
  Veto 136. Part IB, Section 73, Section 73.18, page 457, Line 57,
H59, State Board for Technical and Comprehensive Education,
Deferred Maintenance b) Central Carolina Technical College,
$100,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 95; Nays 9

Those who voted in the affirmative are:
Agnew                  Anderson                Anthony
Bailey                 Bales                   Barfield
Battle                 Bowers                  Brady
Branham                G. Brown                J. Brown

                                 4204
                   WEDNESDAY, MAY 25, 2005

R. Brown               Cato                Ceips
Chalk                  Chellis             Clark
Clemmons               Clyburn             Cobb-Hunter
Coleman                Cooper              Cotty
Dantzler               Davenport           Delleney
Duncan                 Edge                Emory
Funderburk             Govan               Hamilton
Hardwick               Harrell             Haskins
Hayes                  Herbkersman         J. Hines
M. Hines               Hinson              Hiott
Hosey                  Huggins             Jefferson
Jennings               Kennedy             Kirsh
Leach                  Limehouse           Littlejohn
Loftis                 Lucas               Mack
Mahaffey               Martin              McGee
McLeod                 Merrill             Miller
J. H. Neal             J. M. Neal          Neilson
Ott                    Owens               Parks
Perry                  Phillips            Pinson
M. A. Pitts            Rhoad               Rice
Rutherford             Sandifer            Scarborough
Scott                  Simrill             Sinclair
Skelton                D. C. Smith         G. M. Smith
J. E. Smith            J. R. Smith         Taylor
Thompson               Umphlett            Vaughn
Vick                   Weeks               Whipper
White                  Whitmire            Wilkins
Witherspoon            Young

                              Total--95

Those who voted in the negative are:
Ballentine             Bingham             Frye
Hagood                 Haley               Norman
E. H. Pitts            G. R. Smith         Toole

                               Total--9

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


                                 4205
                    WEDNESDAY, MAY 25, 2005

                   VETO 137-- OVERRIDDEN
  Veto 137. Part IB, Section 73, Section 73.18, page 457, Line 57,
H59, State Board for Technical and Comprehensive Education,
Deferred Maintenance c) Denmark Technical College, $100,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 87; Nays 8

 Those who voted in the affirmative are:
Agnew                   Anderson               Anthony
Bailey                  Bales                  Barfield
Battle                  Bowers                 Brady
Branham                 Breeland               G. Brown
J. Brown                R. Brown               Cato
Ceips                   Chalk                  Chellis
Clark                   Clemmons               Clyburn
Cobb-Hunter             Coleman                Cooper
Cotty                   Dantzler               Davenport
Delleney                Duncan                 Edge
Emory                   Funderburk             Govan
Hamilton                Hardwick               Harrell
Haskins                 Hayes                  Herbkersman
J. Hines                Hinson                 Hiott
Hosey                   Jefferson              Jennings
Limehouse               Littlejohn             Loftis
Lucas                   Mack                   Mahaffey
McCraw                  McGee                  McLeod
Merrill                 Miller                 J. M. Neal
Neilson                 Ott                    Owens
Parks                   Perry                  Phillips
M. A. Pitts             Rhoad                  Rice
Rutherford              Sandifer               Scarborough
Scott                   Simrill                Sinclair
Skelton                 D. C. Smith            G. M. Smith
J. E. Smith             J. R. Smith            Taylor
Thompson                Umphlett               Vaughn


                                  4206
                    WEDNESDAY, MAY 25, 2005

Vick                    Weeks                  Whipper
White                   Wilkins                Witherspoon

                                Total--87

Those who voted in the negative are:
Ballentine             Bingham                 Frye
Hagood                 Haley                   Norman
E. H. Pitts            Toole

                                  Total--8

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

                   VETO 138-- OVERRIDDEN
  Veto 138. Part IB, Section 73, Section 73.18, page 457, Line 57,
H59, State Board for Technical and Comprehensive Education,
Deferred Maintenance d) Florence-Darlington Technical College,
$100,000.

  Rep. COOPER spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 85; Nays 8

 Those who voted in the affirmative are:
Agnew                   Anderson               Anthony
Bailey                  Bales                  Barfield
Battle                  Bowers                 Brady
Branham                 Breeland               G. Brown
J. Brown                R. Brown               Cato
Ceips                   Chalk                  Chellis
Clark                   Clemmons               Clyburn
Coleman                 Cooper                 Cotty
Dantzler                Davenport              Delleney
Duncan                  Edge                   Emory
Funderburk              Govan                  Hamilton
Hardwick                Haskins                Herbkersman

                                   4207
                   WEDNESDAY, MAY 25, 2005

J. Hines               M. Hines                Hinson
Hiott                  Hosey                   Howard
Jefferson              Jennings                Kennedy
Kirsh                  Leach                   Limehouse
Lucas                  Mack                    Mahaffey
Martin                 McGee                   Merrill
Miller                 J. H. Neal              J. M. Neal
Neilson                Ott                     Owens
Parks                  Perry                   Phillips
M. A. Pitts            Rice                    Rutherford
Sandifer               Scarborough             Scott
Simrill                Sinclair                Skelton
D. C. Smith            G. M. Smith             J. R. Smith
Taylor                 Thompson                Umphlett
Vaughn                 Vick                    Weeks
Whipper                White                   Whitmire
Witherspoon

                              Total--85

Those who voted in the negative are:
Ballentine             Bingham                 Frye
Hagood                 Haley                   Norman
E. H. Pitts            Toole

                               Total--8

  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 during the vote on Veto No. 138. I would
have voted to override the veto had I been present in the Chamber for
the vote.
    Rep. Bobby Harrell

                   VETO 139-- OVERRIDDEN
  Veto 139. Part IB, Section 73, Section 73.18, page 457, Line 57,
H59, State Board for Technical and Comprehensive Education,
Deferred Maintenance e) Greenville Technical College, $100,000.


                                 4208
                    WEDNESDAY, MAY 25, 2005

  Rep. COOPER spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 88; Nays 11

Those who voted in the affirmative are:
Agnew                   Anderson               Anthony
Bailey                  Bales                  Barfield
Battle                  Bowers                 Brady
Breeland                G. Brown               J. Brown
Cato                    Ceips                  Chalk
Chellis                 Clark                  Clemmons
Clyburn                 Coleman                Cooper
Cotty                   Dantzler               Davenport
Delleney                Duncan                 Edge
Emory                   Funderburk             Govan
Hamilton                Hardwick               Haskins
Hayes                   Herbkersman            J. Hines
M. Hines                Hinson                 Hiott
Hosey                   Howard                 Jefferson
Jennings                Kennedy                Kirsh
Leach                   Limehouse              Littlejohn
Loftis                  Lucas                  Mahaffey
Martin                  McCraw                 McGee
McLeod                  Merrill                Miller
J. M. Neal              Ott                    Owens
Parks                   Perry                  Phillips
M. A. Pitts             Rhoad                  Rice
Rutherford              Sandifer               Scarborough
Scott                   Simrill                Sinclair
Skelton                 D. C. Smith            G. R. Smith
J. E. Smith             J. R. Smith            Taylor
Thompson                Umphlett               Vaughn
Vick                    Walker                 Whipper
White                   Whitmire               Wilkins
Witherspoon

                               Total--88


                                  4209
                    WEDNESDAY, MAY 25, 2005

Those who voted in the negative are:
Ballentine             Bingham                 Frye
Hagood                 Haley                   Huggins
Norman                 E. H. Pitts             G. M. Smith
Toole                  Weeks

                               Total--11

  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 during the vote on Veto No. 139. I would
have voted to override the veto had I been present in the Chamber for
the vote.
    Rep. Bobby Harrell

                   VETO 140-- OVERRIDDEN
  Veto 140. Part IB, Section 73, Section 73.18, page 457, Line 57,
H59, State Board for Technical and Comprehensive Education,
Deferred Maintenance f) Horry-Georgetown Technical College,
$100,000.

  Rep. COOPER spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 89; Nays 10

Those who voted in the affirmative are:
Agnew                  Anderson                Anthony
Bailey                 Bales                   Barfield
Battle                 Bowers                  Brady
Breeland               G. Brown                J. Brown
R. Brown               Cato                    Ceips
Chalk                  Chellis                 Clark
Clemmons               Clyburn                 Cobb-Hunter
Cooper                 Cotty                   Dantzler
Delleney               Duncan                  Edge
Emory                  Funderburk              Govan

                                 4210
                   WEDNESDAY, MAY 25, 2005

Hamilton               Hardwick              Harrell
Haskins                Hayes                 Herbkersman
J. Hines               M. Hines              Hinson
Hiott                  Hosey                 Howard
Jefferson              Jennings              Kennedy
Kirsh                  Leach                 Limehouse
Littlejohn             Loftis                Lucas
Mahaffey               Martin                McGee
McLeod                 Merrill               Miller
J. H. Neal             J. M. Neal            Neilson
Ott                    Owens                 Parks
Perry                  Phillips              Pinson
M. A. Pitts            Rhoad                 Rice
Rutherford             Scarborough           Scott
Sinclair               Skelton               D. C. Smith
J. E. Smith            J. R. Smith           W. D. Smith
Taylor                 Thompson              Umphlett
Vaughn                 Vick                  Weeks
Whipper                White                 Whitmire
Wilkins                Witherspoon

                              Total--89

Those who voted in the negative are:
Ballentine             Bingham               Frye
Hagood                 Haley                 Norman
E. H. Pitts            G. M. Smith           G. R. Smith
Toole

                              Total--10

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

                     VETO 141-- SUSTAINED
  Veto 141. Part IB, Section 73, Section 73.18, page 457, Line 57,
H59, State Board for Technical and Comprehensive Education,
Deferred Maintenance g) Midlands Technical College, $100,000.

  Rep. COOPER spoke against the Veto.


                                 4211
                    WEDNESDAY, MAY 25, 2005

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 59; Nays 45

 Those who voted in the affirmative are:
Agnew                   Bales                  Barfield
Battle                  Bowers                 Brady
G. Brown                J. Brown               R. Brown
Ceips                   Chalk                  Clark
Clemmons                Clyburn                Cobb-Hunter
Coleman                 Cooper                 Cotty
Davenport               Duncan                 Edge
Emory                   Funderburk             Govan
Hardwick                Harrell                Harrison
Hayes                   Herbkersman            M. Hines
Hosey                   Howard                 Jefferson
Jennings                Kennedy                Kirsh
Mack                    Martin                 McCraw
McGee                   McLeod                 J. H. Neal
J. M. Neal              Neilson                Ott
Parks                   Rhoad                  Rice
Rutherford              Sandifer               Scott
Simrill                 Skelton                J. E. Smith
Taylor                  Weeks                  Whipper
White                   Wilkins

                                Total--59

Those who voted in the negative are:
Anderson               Anthony                 Bailey
Ballentine             Bingham                 Cato
Chellis                Dantzler                Delleney
Frye                   Hagood                  Haley
Hamilton               Haskins                 J. Hines
Hinson                 Hiott                   Huggins
Leach                  Limehouse               Littlejohn
Loftis                 Lucas                   Mahaffey
Merrill                Miller                  Norman
Owens                  Perry                   Phillips
Pinson                 E. H. Pitts             Scarborough

                                  4212
                    WEDNESDAY, MAY 25, 2005

Sinclair                D. C. Smith            G. M. Smith
J. R. Smith             Talley                 Thompson
Toole                   Umphlett               Vaughn
Vick                    Walker                 Witherspoon

                                Total--45

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

                   VETO 142-- OVERRIDDEN
  Veto 142. Part IB, Section 73, Section 73.18, page 457, Line 57,
H59, State Board for Technical and Comprehensive Education,
Deferred Maintenance h) Northeastern Technical College, $100,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 90; Nays 9

 Those who voted in the affirmative are:
Agnew                   Anderson               Anthony
Bailey                  Bales                  Barfield
Battle                  Bowers                 Brady
Branham                 G. Brown               J. Brown
R. Brown                Cato                   Ceips
Chalk                   Chellis                Clark
Clemmons                Clyburn                Cooper
Cotty                   Dantzler               Davenport
Delleney                Duncan                 Edge
Emory                   Funderburk             Govan
Hamilton                Hardwick               Harrell
Haskins                 Hayes                  Herbkersman
J. Hines                M. Hines               Hinson
Hiott                   Hosey                  Jefferson
Jennings                Kennedy                Kirsh
Leach                   Limehouse              Littlejohn
Loftis                  Lucas                  Mack
Mahaffey                Martin                 McCraw

                                  4213
                    WEDNESDAY, MAY 25, 2005

McGee                   McLeod                 Merrill
Miller                  J. H. Neal             J. M. Neal
Neilson                 Ott                    Owens
Parks                   Perry                  Phillips
Pinson                  M. A. Pitts            Rhoad
Rice                    Sandifer               Scarborough
Scott                   Simrill                Sinclair
Skelton                 D. C. Smith            J. E. Smith
J. R. Smith             W. D. Smith            Taylor
Thompson                Umphlett               Vick
Walker                  Weeks                  Whipper
White                   Wilkins                Witherspoon

                               Total--90

Those who voted in the negative are:
Ballentine             Bingham                 Frye
Hagood                 Norman                  E. H. Pitts
G. M. Smith            G. R. Smith             Toole

                               Total--9

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

                   VETO 143-- OVERRIDDEN
  Veto 143. Part IB, Section 73, Section 73.18, page 457, Line 57,
H59, State Board for Technical and Comprehensive Education,
Deferred Maintenance i) Piedmont Technical College, $100,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 90; Nays 11

Those who voted in the affirmative are:
Agnew                  Anderson                Anthony
Bales                  Barfield                Battle
Bowers                 Branham                 Breeland

                                 4214
                   WEDNESDAY, MAY 25, 2005

G. Brown               J. Brown            R. Brown
Cato                   Ceips               Chalk
Chellis                Clark               Clemmons
Coleman                Cooper              Cotty
Dantzler               Delleney            Duncan
Edge                   Emory               Funderburk
Govan                  Hamilton            Hardwick
Harrell                Haskins             Hayes
Herbkersman            J. Hines            M. Hines
Hinson                 Hiott               Hosey
Howard                 Jefferson           Jennings
Kennedy                Kirsh               Leach
Limehouse              Littlejohn          Loftis
Lucas                  Mack                Mahaffey
Martin                 McCraw              McGee
McLeod                 Merrill             Miller
J. H. Neal             J. M. Neal          Neilson
Ott                    Owens               Parks
Perry                  Phillips            Pinson
M. A. Pitts            Rhoad               Rice
Rutherford             Sandifer            Scarborough
Scott                  Simrill             Sinclair
Skelton                D. C. Smith         J. E. Smith
J. R. Smith            W. D. Smith         Taylor
Umphlett               Vaughn              Vick
Walker                 Weeks               Whipper
White                  Wilkins             Witherspoon

                              Total--90

Those who voted in the negative are:
Ballentine             Bingham             Frye
Hagood                 Haley               Huggins
Norman                 E. H. Pitts         G. M. Smith
G. R. Smith            Thompson

                              Total--11

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


                                 4215
                    WEDNESDAY, MAY 25, 2005

                   VETO 144-- OVERRIDDEN
  Veto 144. Part IB, Section 73, Section 73.18, page 457, Line 57,
H59, State Board for Technical and Comprehensive Education,
Deferred Maintenance j) Technical College of the Lowcountry,
$100,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 86; Nays 8

 Those who voted in the affirmative are:
Agnew                   Altman                 Anderson
Anthony                 Bales                  Barfield
Battle                  Bowers                 Brady
Branham                 Breeland               J. Brown
R. Brown                Cato                   Ceips
Chalk                   Chellis                Clark
Clemmons                Clyburn                Coleman
Cooper                  Dantzler               Delleney
Edge                    Emory                  Funderburk
Govan                   Hamilton               Hardwick
Harrell                 Haskins                Hayes
Herbkersman             J. Hines               M. Hines
Hinson                  Hiott                  Hosey
Jefferson               Jennings               Kennedy
Kirsh                   Leach                  Limehouse
Littlejohn              Lucas                  Mack
Martin                  McCraw                 McGee
McLeod                  Merrill                Miller
J. H. Neal              J. M. Neal             Neilson
Ott                     Owens                  Parks
Perry                   Phillips               M. A. Pitts
Rhoad                   Rice                   Rutherford
Sandifer                Scarborough            Scott
Simrill                 Sinclair               Skelton
D. C. Smith             G. M. Smith            J. E. Smith
J. R. Smith             W. D. Smith            Taylor
Thompson                Vaughn                 Vick

                                  4216
                    WEDNESDAY, MAY 25, 2005

Weeks                   Whipper                White
Wilkins                 Witherspoon

                               Total--86

Those who voted in the negative are:
Ballentine             Bingham                 Frye
Hagood                 Haley                   Norman
E. H. Pitts            G. R. Smith

                               Total--8

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

                   VETO 145-- OVERRIDDEN
  Veto 145. Part IB, Section 73, Section 73.18, page 457, Line 57,
H59, State Board for Technical and Comprehensive Education,
Deferred Maintenance k) Tri-County Technical College, $100,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 93; Nays 9

Those who voted in the affirmative are:
Agnew                  Anderson                Anthony
Bales                  Barfield                Battle
Bowers                 Brady                   Branham
Breeland               G. Brown                J. Brown
R. Brown               Cato                    Ceips
Chalk                  Chellis                 Clark
Clemmons               Clyburn                 Coleman
Cooper                 Cotty                   Dantzler
Davenport              Delleney                Duncan
Edge                   Emory                   Funderburk
Govan                  Hamilton                Hardwick
Harrell                Haskins                 Hayes
Herbkersman            J. Hines                M. Hines

                                 4217
                   WEDNESDAY, MAY 25, 2005

Hinson                 Hiott                 Hosey
Howard                 Jefferson             Jennings
Kennedy                Kirsh                 Leach
Littlejohn             Loftis                Lucas
Mack                   Martin                McCraw
McGee                  McLeod                Merrill
Miller                 J. H. Neal            J. M. Neal
Neilson                Ott                   Owens
Parks                  Perry                 Phillips
Pinson                 M. A. Pitts           Rhoad
Rice                   Rutherford            Sandifer
Scarborough            Scott                 Simrill
Sinclair               Skelton               D. C. Smith
G. M. Smith            J. E. Smith           J. R. Smith
Taylor                 Thompson              Umphlett
Vaughn                 Vick                  Walker
Weeks                  Whipper               White
Whitmire               Wilkins               Witherspoon

                              Total--93

Those who voted in the negative are:
Ballentine             Bingham               Frye
Hagood                 Haley                 Norman
E. H. Pitts            G. R. Smith           Toole

                               Total--9

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

                   VETO 146-- OVERRIDDEN
  Veto 146. Part IB, Section 73, Section 73.18, page 457, Line 57,
H59, State Board for Technical and Comprehensive Education,
Deferred Maintenance l) Trident Technical College, $100,000.

  Rep. HARRELL spoke against the Veto.




                                 4218
                    WEDNESDAY, MAY 25, 2005

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 91; Nays 10

 Those who voted in the affirmative are:
Agnew                   Altman                 Anderson
Anthony                 Bailey                 Bales
Barfield                Battle                 Brady
Branham                 Breeland               G. Brown
J. Brown                R. Brown               Cato
Ceips                   Chalk                  Chellis
Clark                   Clemmons               Clyburn
Coleman                 Cooper                 Cotty
Dantzler                Davenport              Delleney
Duncan                  Edge                   Emory
Funderburk              Govan                  Hamilton
Hardwick                Harrell                Haskins
Hayes                   Herbkersman            J. Hines
M. Hines                Hinson                 Hiott
Hosey                   Jefferson              Jennings
Kennedy                 Kirsh                  Leach
Limehouse               Littlejohn             Loftis
Lucas                   Mack                   Martin
McCraw                  McGee                  McLeod
Merrill                 Miller                 J. M. Neal
Neilson                 Ott                    Owens
Perry                   Phillips               Pinson
M. A. Pitts             Rhoad                  Rice
Rutherford              Sandifer               Scarborough
Scott                   Simrill                Sinclair
Skelton                 D. C. Smith            J. E. Smith
J. R. Smith             Taylor                 Thompson
Vaughn                  Vick                   Walker
Weeks                   Whipper                White
Whitmire                Wilkins                Witherspoon
Young

                                Total--91



                                  4219
                    WEDNESDAY, MAY 25, 2005

Those who voted in the negative are:
Ballentine             Bingham                 Frye
Hagood                 Haley                   Norman
E. H. Pitts            G. M. Smith             G. R. Smith
Toole

                                Total--10

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

                   VETO 147-- OVERRIDDEN
  Veto 147. Part IB, Section 73, Section 73.18, page 457, Line 57,
H59, State Board for Technical and Comprehensive Education,
Deferred Maintenance m) Williamsburg Technical College, $100,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 94; Nays 12

 Those who voted in the affirmative are:
Agnew                   Altman                 Anderson
Anthony                 Bailey                 Bales
Barfield                Battle                 Bowers
Brady                   Branham                Breeland
G. Brown                J. Brown               R. Brown
Cato                    Ceips                  Chalk
Chellis                 Clark                  Clemmons
Clyburn                 Coleman                Cooper
Cotty                   Dantzler               Davenport
Delleney                Duncan                 Edge
Emory                   Funderburk             Govan
Hamilton                Hardwick               Harrell
Harrison                Haskins                Hayes
J. Hines                M. Hines               Hinson
Hiott                   Hosey                  Jefferson
Jennings                Kennedy                Kirsh
Leach                   Limehouse              Littlejohn

                                  4220
                   WEDNESDAY, MAY 25, 2005

Lucas                  Mack                    Mahaffey
Martin                 McCraw                  McGee
McLeod                 Merrill                 Miller
J. H. Neal             J. M. Neal              Neilson
Ott                    Owens                   Parks
Perry                  Phillips                Pinson
Rhoad                  Rice                    Rutherford
Sandifer               Scarborough             Scott
Simrill                Sinclair                Skelton
D. C. Smith            J. E. Smith             J. R. Smith
W. D. Smith            Taylor                  Thompson
Umphlett               Vaughn                  Vick
Walker                 Weeks                   Whipper
White                  Whitmire                Witherspoon
Young

                              Total--94

Those who voted in the negative are:
Ballentine             Bingham                 Frye
Hagood                 Haley                   Herbkersman
Norman                 E. H. Pitts             G. M. Smith
G. R. Smith            Talley                  Toole

                              Total--12

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

                     VETO 148-- SUSTAINED
  Veto 148. Part IB, Section 73, Section 73.18, page 457, Line 57,
H59, State Board for Technical and Comprehensive Education,
Deferred Maintenance n) York Technical College, $100,000.

  Rep. COOPER spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 51; Nays 51


                                 4221
                    WEDNESDAY, MAY 25, 2005

Those who voted in the affirmative are:
Agnew                  Anthony             Bales
Barfield               Brady               Breeland
G. Brown               J. Brown            Chalk
Clark                  Clemmons            Clyburn
Cooper                 Cotty               Davenport
Delleney               Duncan              Emory
Funderburk             Govan               Hamilton
Hardwick               Harrell             Harrison
Herbkersman            M. Hines            Kirsh
Littlejohn             Lucas               Mack
Martin                 McCraw              McGee
McLeod                 J. M. Neal          Ott
Perry                  Phillips            M. A. Pitts
Rhoad                  Rice                Simrill
Sinclair               Skelton             D. C. Smith
G. M. Smith            J. R. Smith         Taylor
Thompson               Vick                Whitmire

                               Total--51

 Those who voted in the negative are:
Altman                  Anderson           Bailey
Ballentine              Battle             Bingham
Branham                 Cato               Ceips
Chellis                 Coleman            Dantzler
Edge                    Frye               Hagood
Haley                   Haskins            Hayes
J. Hines                Hinson             Hiott
Hosey                   Jefferson          Jennings
Kennedy                 Leach              Limehouse
Loftis                  Mahaffey           Merrill
Miller                  Neilson            Norman
Owens                   Pinson             E. H. Pitts
Rutherford              Scarborough        Scott
G. R. Smith             J. E. Smith        Talley
Toole                   Umphlett           Vaughn
Walker                  Weeks              Whipper
White                   Witherspoon        Young

                               Total--51

                                 4222
                    WEDNESDAY, MAY 25, 2005

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

                     VETO 149-- OVERRIDDEN
  Veto 149. Part IB, Section 73, Section 73.18, page 457, Line 58,
H59, State Board for Technical and Comprehensive Education, Special
Schools, $3,000,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 96; Nays 3

Those who voted in the affirmative are:
Agnew                  Altman                  Anderson
Anthony                Bailey                  Bales
Barfield               Battle                  Bingham
Bowers                 Branham                 Breeland
G. Brown               J. Brown                R. Brown
Cato                   Ceips                   Chalk
Chellis                Clark                   Clemmons
Clyburn                Coleman                 Cooper
Davenport              Duncan                  Edge
Emory                  Frye                    Funderburk
Govan                  Hagood                  Hamilton
Hardwick               Harrell                 Haskins
Hayes                  Herbkersman             J. Hines
M. Hines               Hinson                  Hiott
Hosey                  Huggins                 Jefferson
Kennedy                Kirsh                   Leach
Limehouse              Littlejohn              Lucas
Mack                   Mahaffey                Martin
McCraw                 McGee                   McLeod
Merrill                Miller                  J. M. Neal
Neilson                Ott                     Owens
Parks                  Perry                   Phillips
E. H. Pitts            M. A. Pitts             Rhoad
Rice                   Rutherford              Sandifer
Scarborough            Scott                   Simrill

                                 4223
                   WEDNESDAY, MAY 25, 2005

Sinclair               Skelton              D. C. Smith
G. M. Smith            G. R. Smith          J. R. Smith
Talley                 Taylor               Thompson
Toole                  Umphlett             Vaughn
Vick                   Walker               Weeks
Whipper                White                Whitmire
Wilkins                Witherspoon          Young

                              Total--96

Those who voted in the negative are:
Ballentine             Haley                Norman

                               Total--3

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

     VETO NO. 14--DEBATE ADJOURNED ON MOTION TO
                          RECONSIDER
  The motion of Rep. KENNEDY to reconsider the vote whereby Veto
No. 14 was sustained was taken up.

  Rep. HARRELL moved to adjourn debate on the motion to
reconsider, which was agreed to.

     VETO NO. 15--DEBATE ADJOURNED ON MOTION TO
                          RECONSIDER
  The motion of Rep. KENNEDY to reconsider the vote whereby Veto
No. 15 was sustained was taken up.

  Rep. HARRELL moved to adjourn debate on the motion to
reconsider, which was agreed to.

     VETO NO. 16--DEBATE ADJOURNED ON MOTION TO
                          RECONSIDER
  The motion of Rep. KENNEDY to reconsider the vote whereby Veto
No. 16 was sustained was taken up.

  Rep. HARRELL moved to adjourn debate on the motion to
reconsider, which was agreed to.

                                 4224
                    WEDNESDAY, MAY 25, 2005

    VETO NO. 23--DEBATE ADJOURNED ON MOTION TO
                         RECONSIDER
  The motion of Rep. WITHERSPOON to reconsider the vote
whereby Veto No. 23 was sustained was taken up.

  Rep. HARRELL moved to adjourn debate on the motion to
reconsider, which was agreed to.

     VETO NO. 46--DEBATE ADJOURNED ON MOTION TO
                          RECONSIDER
  The motion of Rep. COTTY to reconsider the vote whereby Veto
No. 46 was sustained was taken up.

  Rep. HARRELL moved to adjourn debate on the motion to
reconsider, which was agreed to.

   R. 74, H. 3717--GOVERNOR'S VETOES 1 THROUGH 14 --
                          OVERRIDDEN
  The Veto on the following Act was taken up:

  (R74) H. 3717 -- Ways and Means Committee: A JOINT
RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL
RESERVE FUND FOR FISCAL YEAR 2004-2005.

  Rep. HARRELL explained the Veto.

                    VETO 1-- OVERRIDDEN
  Veto 1. Section 1; page 1; Item 4(B); State Department of
Education; Governor’s School for the Arts; Deferred Maintenance;
$775,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 88; Nays 14

Those who voted in the affirmative are:
Agnew                  Altman                  Anderson
Anthony                Bailey                  Bales

                                 4225
                   WEDNESDAY, MAY 25, 2005

Barfield               Battle             Bowers
Brady                  Branham            Breeland
G. Brown               J. Brown           R. Brown
Ceips                  Chalk              Chellis
Clark                  Clemmons           Clyburn
Cobb-Hunter            Coleman            Cooper
Dantzler               Davenport          Delleney
Edge                   Emory              Funderburk
Govan                  Hamilton           Harrell
Haskins                Hayes              Herbkersman
J. Hines               M. Hines           Hinson
Hosey                  Huggins            Jefferson
Jennings               Kennedy            Kirsh
Leach                  Limehouse          Littlejohn
Lucas                  Mack               Mahaffey
Martin                 McCraw             McGee
McLeod                 Merrill            Miller
J. M. Neal             Neilson            Ott
Owens                  Parks              Perry
Phillips               Pinson             Rhoad
Rice                   Rutherford         Sandifer
Scarborough            Scott              Simrill
Sinclair               Skelton            G. M. Smith
G. R. Smith            J. R. Smith        Taylor
Umphlett               Vaughn             Vick
Weeks                  Whipper            White
Whitmire               Wilkins            Witherspoon
Young

                              Total--88

Those who voted in the negative are:
Ballentine             Bingham            Duncan
Frye                   Hagood             Haley
Norman                 E. H. Pitts        M. A. Pitts
D. C. Smith            Talley             Thompson
Toole                  Walker

                              Total--14



                                 4226
                    WEDNESDAY, MAY 25, 2005

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

                      VETO 2-- OVERRIDDEN
  Veto 2.Section 1; page 1; Item 4(C); State Department of Education;
Governor’s School – Math and Science; Deferred Maintenance;
$775,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 86; Nays 14

 Those who voted in the affirmative are:
Agnew                   Altman                 Anderson
Anthony                 Bailey                 Barfield
Battle                  Bowers                 Brady
Branham                 Breeland               G. Brown
J. Brown                R. Brown               Cato
Ceips                   Chalk                  Chellis
Clark                   Clemmons               Cobb-Hunter
Coleman                 Cooper                 Cotty
Dantzler                Davenport              Delleney
Funderburk              Govan                  Hamilton
Hardwick                Harrell                Harrison
Haskins                 Hayes                  Herbkersman
J. Hines                M. Hines               Hinson
Hiott                   Hosey                  Huggins
Jefferson               Jennings               Kennedy
Kirsh                   Leach                  Limehouse
Littlejohn              Lucas                  Mack
Martin                  McCraw                 McGee
McLeod                  Miller                 J. M. Neal
Neilson                 Ott                    Owens
Parks                   Perry                  Phillips
Pinson                  Rhoad                  Rice
Rutherford              Sandifer               Scarborough
Scott                   Simrill                Sinclair
Skelton                 G. M. Smith            G. R. Smith

                                  4227
                    WEDNESDAY, MAY 25, 2005

J. R. Smith             Taylor                 Thompson
Umphlett                Vaughn                 Weeks
White                   Whitmire               Wilkins
Witherspoon             Young

                                Total--86

Those who voted in the negative are:
Ballentine             Bingham                 Duncan
Frye                   Hagood                  Haley
Mahaffey               Norman                  E. H. Pitts
M. A. Pitts            D. C. Smith             Talley
Toole                  Walker

                                Total--14

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

                    VETO 3-- OVERRIDDEN
  Veto 3.Section 1; page 2; Item 9; Board of Technical and
Comprehensive Education; Orangeburg Technical College; $2,000,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 78; Nays 15

 Those who voted in the affirmative are:
Agnew                   Altman                 Anderson
Anthony                 Bailey                 Bales
Barfield                Battle                 Bowers
Branham                 Breeland               G. Brown
J. Brown                R. Brown               Ceips
Chalk                   Chellis                Clark
Clyburn                 Coleman                Cooper
Cotty                   Dantzler               Davenport
Delleney                Govan                  Hamilton
Hardwick                Harrell                Hayes

                                   4228
                   WEDNESDAY, MAY 25, 2005

J. Hines               M. Hines                Hinson
Hiott                  Hosey                   Jefferson
Kennedy                Kirsh                   Leach
Limehouse              Littlejohn              Lucas
Mack                   Mahaffey                Martin
McCraw                 McGee                   McLeod
Miller                 Neilson                 Ott
Owens                  Parks                   Perry
Phillips               Pinson                  M. A. Pitts
Rhoad                  Rice                    Rutherford
Scarborough            Scott                   Simrill
Sinclair               Skelton                 D. C. Smith
J. R. Smith            W. D. Smith             Taylor
Umphlett               Vaughn                  Vick
Weeks                  Whipper                 White
Whitmire               Wilkins                 Young

                              Total--78

Those who voted in the negative are:
Ballentine             Bingham                 Duncan
Frye                   Hagood                  Huggins
Loftis                 Norman                  E. H. Pitts
G. M. Smith            G. R. Smith             Talley
Thompson               Toole                   Walker

                              Total--15

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

                      VETO 4-- OVERRIDDEN
  Veto 4.Section 1; page 2; Item 13; State Museum; Imagine Nation:
Children’s Museum of the Upstate; $1,200,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 90; Nays 15

                                 4229
                    WEDNESDAY, MAY 25, 2005

 Those who voted in the affirmative are:
Agnew                   Altman              Anderson
Anthony                 Bailey              Bales
Barfield                Battle              Bowers
Brady                   Branham             Breeland
G. Brown                J. Brown            Cato
Ceips                   Chalk               Chellis
Clark                   Clemmons            Clyburn
Coleman                 Cooper              Cotty
Dantzler                Davenport           Delleney
Edge                    Emory               Funderburk
Govan                   Hamilton            Hardwick
Harrell                 Harrison            Hayes
Herbkersman             J. Hines            M. Hines
Hinson                  Hiott               Hosey
Huggins                 Jefferson           Jennings
Kennedy                 Kirsh               Leach
Limehouse               Littlejohn          Loftis
Mahaffey                Martin              McCraw
McGee                   McLeod              Merrill
Miller                  J. M. Neal          Neilson
Ott                     Owens               Parks
Perry                   Phillips            Pinson
M. A. Pitts             Rhoad               Rice
Rutherford              Sandifer            Scarborough
Scott                   Simrill             Sinclair
Skelton                 D. C. Smith         G. R. Smith
J. R. Smith             W. D. Smith         Umphlett
Vaughn                  Vick                Weeks
Whipper                 White               Whitmire
Wilkins                 Witherspoon         Young

                                Total--90

Those who voted in the negative are:
Ballentine             Bingham              Duncan
Frye                   Hagood               Haley
Lucas                  Mack                 Norman




                                  4230
                    WEDNESDAY, MAY 25, 2005

E. H. Pitts             G. M. Smith            Talley
Thompson                Toole                  Walker

                                Total--15

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

                     VETO 5-- OVERRIDDEN
  Veto 5.Section 1; page 2; Item 14(A); Department of Parks,
Recreation & Tourism; Charlestown Landing; $7,000,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 86; Nays 14

 Those who voted in the affirmative are:
Altman                  Anderson               Anthony
Bailey                  Bales                  Barfield
Battle                  Bowers                 Brady
Branham                 Breeland               G. Brown
J. Brown                R. Brown               Cato
Ceips                   Chalk                  Chellis
Clark                   Clemmons               Clyburn
Coleman                 Cooper                 Cotty
Dantzler                Davenport              Delleney
Edge                    Emory                  Funderburk
Govan                   Hamilton               Hardwick
Harrell                 Harrison               Hayes
Herbkersman             J. Hines               M. Hines
Hinson                  Hiott                  Hosey
Jefferson               Jennings               Kennedy
Leach                   Limehouse              Littlejohn
Lucas                   Mahaffey               McCraw
McGee                   McLeod                 Merrill
Miller                  J. M. Neal             Neilson
Ott                     Owens                  Parks
Perry                   Phillips               M. A. Pitts

                                  4231
                    WEDNESDAY, MAY 25, 2005

Rhoad                   Rice                   Rutherford
Sandifer                Scarborough            Scott
Simrill                 Sinclair               Skelton
G. M. Smith             G. R. Smith            J. R. Smith
Taylor                  Umphlett               Vaughn
Vick                    Weeks                  Whipper
White                   Whitmire               Wilkins
Witherspoon             Young

                                Total--86

Those who voted in the negative are:
Agnew                  Ballentine              Bingham
Duncan                 Frye                    Hagood
Haley                  Norman                  E. H. Pitts
D. C. Smith            Talley                  Thompson
Toole                  Walker

                                Total--14

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

                    VETO 6-- OVERRIDDEN
  Veto 6.Section 1; page 2; Item 14(B); Department of Parks,
Recreation & Tourism; Reedy River-Bike and Walking Trail;
$500,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 86; Nays 17

 Those who voted in the affirmative are:
Agnew                   Altman                 Anderson
Anthony                 Bales                  Barfield
Battle                  Bowers                 Brady
Branham                 Breeland               G. Brown
J. Brown                R. Brown               Cato

                                  4232
                   WEDNESDAY, MAY 25, 2005

Ceips                  Chalk               Chellis
Clark                  Clemmons            Clyburn
Coleman                Cooper              Cotty
Dantzler               Davenport           Delleney
Edge                   Emory               Funderburk
Govan                  Hardwick            Harrell
Harrison               Haskins             Hayes
Herbkersman            J. Hines            M. Hines
Hiott                  Hosey               Jefferson
Kennedy                Leach               Limehouse
Littlejohn             Loftis              Mack
Mahaffey               Martin              McCraw
McGee                  McLeod              Miller
J. M. Neal             Neilson             Ott
Owens                  Parks               Perry
Phillips               Pinson              M. A. Pitts
Rhoad                  Rice                Rutherford
Sandifer               Scarborough         Scott
Simrill                Sinclair            Skelton
G. R. Smith            J. E. Smith         J. R. Smith
Taylor                 Umphlett            Vaughn
Vick                   Weeks               Whipper
White                  Whitmire            Wilkins
Witherspoon            Young

                              Total--86

Those who voted in the negative are:
Bailey                 Ballentine          Bingham
Duncan                 Frye                Hagood
Haley                  Hamilton            Kirsh
Lucas                  Norman              E. H. Pitts
D. C. Smith            G. M. Smith         Talley
Thompson               Walker

                              Total--17

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



                                 4233
                    WEDNESDAY, MAY 25, 2005

                     VETO 7-- OVERRIDDEN
  Veto 7.Section 1; page 2; Item 15; Department of Archives &
History; Old Exchange Building; $850,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 91; Nays 14

 Those who voted in the affirmative are:
Agnew                   Altman                 Anderson
Anthony                 Bailey                 Bales
Barfield                Battle                 Bowers
Brady                   Branham                Breeland
G. Brown                J. Brown               Cato
Ceips                   Chalk                  Chellis
Clark                   Clemmons               Clyburn
Cobb-Hunter             Coleman                Cooper
Cotty                   Dantzler               Davenport
Delleney                Edge                   Emory
Funderburk              Govan                  Hardwick
Harrell                 Harrison               Hayes
Herbkersman             J. Hines               M. Hines
Hinson                  Hiott                  Hosey
Jefferson               Jennings               Kennedy
Kirsh                   Leach                  Limehouse
Littlejohn              Loftis                 Mack
Mahaffey                Martin                 McCraw
McGee                   McLeod                 Merrill
Miller                  J. M. Neal             Neilson
Ott                     Owens                  Parks
Perry                   Phillips               Pinson
M. A. Pitts             Rhoad                  Rice
Rutherford              Sandifer               Scarborough
Scott                   Simrill                Sinclair
Skelton                 G. M. Smith            G. R. Smith
J. E. Smith             J. R. Smith            Taylor
Umphlett                Vaughn                 Vick
Weeks                   Whipper                White

                                  4234
                    WEDNESDAY, MAY 25, 2005

Whitmire                Wilkins                Witherspoon
Young

                               Total--91

Those who voted in the negative are:
Ballentine             Bingham                 Duncan
Frye                   Hagood                  Huggins
Lucas                  Norman                  E. H. Pitts
D. C. Smith            Talley                  Thompson
Toole                  Walker

                               Total--14

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

                      VETO 8-- OVERRIDDEN
  Veto 8.Section 1; page 2; Item 19; Clemson-PSA; Baruch Institute;
$5,000,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 98; Nays 9

Those who voted in the affirmative are:
Agnew                  Altman                  Anderson
Anthony                Bailey                  Bales
Ballentine             Barfield                Battle
Bowers                 Brady                   Branham
Breeland               G. Brown                J. Brown
R. Brown               Cato                    Ceips
Chalk                  Chellis                 Clark
Clemmons               Clyburn                 Cobb-Hunter
Coleman                Cooper                  Cotty
Dantzler               Davenport               Delleney
Duncan                 Edge                    Emory
Funderburk             Govan                   Haley

                                  4235
                   WEDNESDAY, MAY 25, 2005

Hamilton               Hardwick                Harrell
Harrison               Haskins                 Hayes
Herbkersman            J. Hines                M. Hines
Hinson                 Hiott                   Hosey
Huggins                Jefferson               Jennings
Kennedy                Kirsh                   Leach
Limehouse              Littlejohn              Loftis
Lucas                  Mack                    Mahaffey
Martin                 McCraw                  McGee
McLeod                 Merrill                 Miller
J. M. Neal             Neilson                 Ott
Owens                  Parks                   Phillips
Pinson                 M. A. Pitts             Rhoad
Rice                   Rutherford              Sandifer
Scarborough            Scott                   Simrill
Sinclair               Skelton                 D. C. Smith
J. E. Smith            J. R. Smith             Taylor
Thompson               Umphlett                Vaughn
Vick                   Weeks                   Whipper
White                  Whitmire                Wilkins
Witherspoon            Young

                              Total--98

Those who voted in the negative are:
Bingham                Frye                    Hagood
Norman                 E. H. Pitts             G. M. Smith
G. R. Smith            Talley                  Walker

                               Total--9

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

                      VETO 9-- OVERRIDDEN
  Veto 9.Section 1; page 3; Item 29(A); University of South Carolina-
Columbia; Gambrell Hall Repairs; $500,000.

  Rep. HARRELL spoke against the Veto.



                                 4236
                    WEDNESDAY, MAY 25, 2005

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 93; Nays 12

 Those who voted in the affirmative are:
Agnew                   Altman                 Anderson
Anthony                 Bailey                 Bales
Barfield                Battle                 Bowers
Brady                   Breeland               G. Brown
J. Brown                R. Brown               Cato
Ceips                   Chalk                  Chellis
Clark                   Clemmons               Clyburn
Coleman                 Cooper                 Cotty
Dantzler                Davenport              Delleney
Duncan                  Edge                   Emory
Funderburk              Govan                  Hardwick
Harrell                 Harrison               Hayes
Herbkersman             J. Hines               M. Hines
Hinson                  Hiott                  Hosey
Huggins                 Jefferson              Jennings
Kennedy                 Kirsh                  Leach
Limehouse               Littlejohn             Loftis
Lucas                   Mack                   Mahaffey
Martin                  McCraw                 McGee
McLeod                  Miller                 J. M. Neal
Neilson                 Ott                    Owens
Parks                   Perry                  Phillips
Pinson                  M. A. Pitts            Rhoad
Rice                    Rutherford             Sandifer
Scarborough             Scott                  Simrill
Sinclair                Skelton                D. C. Smith
J. E. Smith             J. R. Smith            W. D. Smith
Taylor                  Thompson               Umphlett
Vaughn                  Vick                   Weeks
Whipper                 White                  Whitmire
Wilkins                 Witherspoon            Young

                                Total--93



                                  4237
                    WEDNESDAY, MAY 25, 2005

Those who voted in the negative are:
Ballentine             Bingham                 Frye
Hagood                 Haley                   Merrill
Norman                 E. H. Pitts             G. M. Smith
G. R. Smith            Talley                  Walker

                               Total--12

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

                    VETO 10-- OVERRIDDEN
  Veto 10. Section 1; page 3; Item 29(B); University of South
Carolina-Columbia; West-Campus Safety Improvements; $400,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 93; Nays 11

Those who voted in the affirmative are:
Agnew                  Altman                  Anderson
Anthony                Bailey                  Bales
Ballentine             Barfield                Battle
Bowers                 Brady                   Branham
Breeland               G. Brown                J. Brown
R. Brown               Cato                    Ceips
Chalk                  Clark                   Clemmons
Coleman                Cooper                  Cotty
Davenport              Delleney                Duncan
Edge                   Emory                   Funderburk
Govan                  Hamilton                Hardwick
Harrell                Harrison                Hayes
Herbkersman            J. Hines                M. Hines
Hinson                 Hiott                   Hosey
Huggins                Jefferson               Jennings
Kennedy                Leach                   Limehouse
Littlejohn             Loftis                  Lucas
Mack                   Mahaffey                Martin

                                 4238
                    WEDNESDAY, MAY 25, 2005

McCraw                  McGee                  McLeod
Merrill                 Miller                 J. M. Neal
Neilson                 Ott                    Owens
Parks                   Perry                  Phillips
Pinson                  M. A. Pitts            Rhoad
Rice                    Rutherford             Sandifer
Scarborough             Scott                  Simrill
Sinclair                Skelton                D. C. Smith
J. E. Smith             J. R. Smith            W. D. Smith
Taylor                  Thompson               Umphlett
Vaughn                  Vick                   Weeks
Whipper                 White                  Whitmire
Wilkins                 Witherspoon            Young

                               Total--93

Those who voted in the negative are:
Bingham                Frye                    Hagood
Haley                  Norman                  E. H. Pitts
G. M. Smith            G. R. Smith             Talley
Toole                  Walker

                               Total--11

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

                    VETO 11-- OVERRIDDEN
  Veto 11. Section 1; page 3; Item 29(C); University of South
Carolina-Columbia; Steamline Replacement-Repair; $500,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 91; Nays 13

Those who voted in the affirmative are:
Agnew                  Altman                  Anderson
Anthony                Bailey                  Bales

                                 4239
                   WEDNESDAY, MAY 25, 2005

Barfield               Battle             Bowers
Brady                  Branham            Breeland
G. Brown               J. Brown           R. Brown
Cato                   Ceips              Chalk
Chellis                Clark              Clemmons
Coleman                Cooper             Cotty
Dantzler               Davenport          Delleney
Duncan                 Edge               Emory
Funderburk             Govan              Hamilton
Hardwick               Harrell            Harrison
Hayes                  Herbkersman        J. Hines
M. Hines               Hinson             Hiott
Hosey                  Jefferson          Jennings
Kennedy                Leach              Limehouse
Littlejohn             Loftis             Lucas
Mack                   Mahaffey           Martin
McCraw                 McGee              McLeod
Merrill                Miller             J. M. Neal
Neilson                Ott                Owens
Parks                  Perry              Phillips
Pinson                 M. A. Pitts        Rhoad
Rice                   Rutherford         Sandifer
Scarborough            Simrill            Sinclair
Skelton                D. C. Smith        J. E. Smith
J. R. Smith            W. D. Smith        Taylor
Thompson               Umphlett           Vaughn
Vick                   Weeks              Whipper
White                  Whitmire           Wilkins
Young

                              Total--91

Those who voted in the negative are:
Ballentine             Bingham            Frye
Hagood                 Haley              Huggins
Norman                 E. H. Pitts        G. M. Smith
G. R. Smith            Talley             Toole
Walker

                              Total--13


                                 4240
                    WEDNESDAY, MAY 25, 2005

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

                     VETO 12-- OVERRIDDEN
  Veto 12. Section 1; page 3; Item 30, State Board for Technical and
Comprehensive Education; York-Technical College – Infrastructure
Project; $522,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 94; Nays 12

 Those who voted in the affirmative are:
Agnew                   Altman                 Anderson
Anthony                 Bailey                 Bales
Barfield                Battle                 Bowers
Brady                   Branham                Breeland
G. Brown                J. Brown               R. Brown
Cato                    Ceips                  Chalk
Chellis                 Clark                  Clemmons
Clyburn                 Coleman                Cooper
Cotty                   Dantzler               Davenport
Delleney                Duncan                 Edge
Emory                   Funderburk             Govan
Hamilton                Hardwick               Harrell
Harrison                Haskins                Hayes
Herbkersman             J. Hines               M. Hines
Hinson                  Hiott                  Hosey
Jefferson               Jennings               Kennedy
Kirsh                   Leach                  Limehouse
Littlejohn              Loftis                 Lucas
Mack                    Mahaffey               Martin
McCraw                  McGee                  McLeod
Merrill                 J. M. Neal             Neilson
Ott                     Owens                  Parks
Perry                   Phillips               Pinson
M. A. Pitts             Rhoad                  Rice
Rutherford              Sandifer               Scarborough

                                  4241
                    WEDNESDAY, MAY 25, 2005

Simrill                 Sinclair               Skelton
D. C. Smith             J. E. Smith            J. R. Smith
W. D. Smith             Taylor                 Thompson
Umphlett                Vaughn                 Vick
Weeks                   Whipper                White
Whitmire                Wilkins                Witherspoon
Young

                               Total--94

Those who voted in the negative are:
Ballentine             Bingham                 Hagood
Haley                  Huggins                 Norman
E. H. Pitts            G. M. Smith             G. R. Smith
Talley                 Toole                   Walker

                               Total--12

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

                     VETO 13-- OVERRIDDEN
  Veto 13. Section 1; page 3; Item 28(A); Budget & Control Board;
SCEIS; $5,500,000.

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 80; Nays 25

Those who voted in the affirmative are:
Agnew                  Altman                  Anderson
Anthony                Bailey                  Bales
Barfield               Battle                  Bowers
Brady                  Branham                 Breeland
G. Brown               J. Brown                R. Brown
Cato                   Ceips                   Chalk
Chellis                Clark                   Clemmons
Clyburn                Coleman                 Cooper

                                 4242
                   WEDNESDAY, MAY 25, 2005

Cotty                  Dantzler            Davenport
Delleney               Edge                Emory
Funderburk             Govan               Hamilton
Hardwick               Harrell             Harrison
Haskins                Hayes               Herbkersman
J. Hines               M. Hines            Hinson
Hiott                  Hosey               Jefferson
Jennings               Kirsh               Leach
Littlejohn             Loftis              Mack
Martin                 McCraw              Miller
J. M. Neal             Neilson             Ott
Parks                  Perry               Phillips
Pinson                 M. A. Pitts         Rutherford
Sandifer               Simrill             Skelton
G. R. Smith            J. E. Smith         J. R. Smith
W. D. Smith            Taylor              Vaughn
Vick                   Weeks               Whipper
White                  Whitmire            Wilkins
Witherspoon            Young

                              Total--80

Those who voted in the negative are:
Ballentine             Bingham             Duncan
Frye                   Hagood              Haley
Huggins                Limehouse           Lucas
Mahaffey               McLeod              Merrill
Norman                 Owens               E. H. Pitts
Rice                   Scarborough         Sinclair
D. C. Smith            G. M. Smith         Talley
Thompson               Toole               Umphlett
Walker

                              Total--25

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

                      VETO 14-- OVERRIDDEN
  Veto 14. Section 1; page 2; Item 5(B); Department of Social
Services; Greenville Urban League; $86,000.

                                 4243
                    WEDNESDAY, MAY 25, 2005

  Rep. HARRELL spoke against the Veto.

  The question was put, shall the Item become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 78; Nays 29

 Those who voted in the affirmative are:
Agnew                   Altman                 Anderson
Anthony                 Bales                  Barfield
Battle                  Bowers                 Brady
Branham                 Breeland               G. Brown
J. Brown                R. Brown               Cato
Ceips                   Chalk                  Chellis
Clemmons                Clyburn                Cobb-Hunter
Coleman                 Cooper                 Cotty
Dantzler                Davenport              Emory
Funderburk              Govan                  Hardwick
Harrell                 Harrison               Haskins
Hayes                   J. Hines               M. Hines
Hinson                  Hosey                  Jefferson
Kennedy                 Leach                  Limehouse
Loftis                  Mack                   Martin
McCraw                  McGee                  McLeod
Miller                  J. M. Neal             Neilson
Ott                     Owens                  Parks
Perry                   Phillips               Pinson
Rhoad                   Rice                   Rutherford
Sandifer                Scarborough            Skelton
D. C. Smith             G. R. Smith            J. E. Smith
J. R. Smith             W. D. Smith            Taylor
Umphlett                Vaughn                 Vick
Weeks                   Whipper                Whitmire
Wilkins                 Witherspoon            Young

                                Total--78

Those who voted in the negative are:
Bailey                 Ballentine              Bingham
Clark                  Delleney                Duncan
Edge                   Frye                    Hagood

                                  4244
                  WEDNESDAY, MAY 25, 2005

Haley                Herbkersman           Hiott
Huggins              Kirsh                 Littlejohn
Lucas                Mahaffey              Merrill
Norman               E. H. Pitts           M. A. Pitts
Simrill              Sinclair              G. M. Smith
Talley               Thompson              Toole
Walker               White

                            Total--29

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

                S. 145--DEBATE ADJOURNED
  The Senate amendments to the following Bill were taken up for
consideration:

  S. 145 -- Senator Mescher: A BILL TO AMEND THE CODE OF
LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-
13-390, TO PROVIDE THAT NO MORE THAN ONE ARKANSAS
BLUE CATFISH OVER THIRTY-FOUR INCHES MAY BE TAKEN
FROM THE WATERS OF LAKES MARION AND MOULTRIE BY
ANY ONE PERSON IN ONE DAY, AND TO PROVIDE THAT THE
PROVISIONS OF THIS SECTION APPLY TO COMMERCIAL AS
WELL AS RECREATIONAL FISHERMEN.

 Rep. WITHERSPOON moved to adjourn debate upon the Senate
Amendments until Tuesday, May 31, which was agreed to.

                        LEAVE OF ABSENCE
  The SPEAKER granted Rep. BALLENTINE a leave of absence for
the remainder of the day.

    H. 3932--SENATE AMENDMENTS CONCURRED IN AND
                    BILL ENROLLED
  The Senate amendments to the following Bill were taken up for
consideration:

 H. 3932 -- Reps. Harrell, Wilkins and Chellis: A BILL TO AMEND
AND REENACT CERTAIN PROVISIONS OF SECTION 11-41-30,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO

                              4245
                    WEDNESDAY, MAY 25, 2005

DEFINITIONS IN REGARD TO THE STATE GENERAL
OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS
TO REVISE SPECIFIC DEFINITIONS; TO AMEND SECTION 11-
41-40, RELATING TO THE ISSUANCE OF THESE ECONOMIC
DEVELOPMENT BONDS, SO AS TO FURTHER PROVIDE FOR
THE MANNER OF SUCH ISSUANCE; TO AMEND AND
REENACT SECTION 11-41-70, RELATING TO BOND
NOTIFICATION AND OTHER REQUIREMENTS FOR THE
ISSUANCE OF THESE BONDS, SO AS TO MAKE CONFORMING
CHANGES TO THE DEFINITION REVISIONS CONTAINED
ABOVE AND TO FURTHER PROVIDE THE TERMS AND
CONDITIONS FOR THE ISSUANCE OF THESE BONDS; AND TO
PROVIDE FINDINGS OF THE GENERAL ASSEMBLY THAT THE
FUNDING OF THESE PROJECTS WITH THESE BONDS SERVES
A VALID PUBLIC PURPOSE AND BENEFITS THIS STATE WITH
SUBSEQUENT ECONOMIC AND EMPLOYMENT BENEFITS.

  Rep. HARRELL explained the Senate Amendments.

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

    H. 3240--SENATE AMENDMENTS CONCURRED IN AND
                    BILL ENROLLED
  The Senate amendments to the following Bill were taken up for
consideration:

  H. 3240 -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF
LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-
40-100 SO AS TO PROVIDE THAT CHAPTER 40 OF TITLE 46
RELATING TO THE GRAIN DEALERS GUARANTY FUND IS
REPEALED UPON CERTIFICATION BY THE COMMISSIONER
OF AGRICULTURE THAT ALL LOANS RECEIVED BY THE
GUARANTY FUND FROM THE STATE INSURANCE RESERVE
FUND HAVE BEEN PAID IN FULL.

  Rep. WITHERSPOON explained the Senate Amendments.




                                  4246
                    WEDNESDAY, MAY 25, 2005

   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.

    H. 3694--SENATE AMENDMENTS CONCURRED IN AND
                    BILL ENROLLED
  The Senate amendments to the following Bill were taken up for
consideration:

  H. 3694 -- Reps. Miller, Cotty, Anderson, Vaughn, Clark, Neilson,
Altman, Battle, G. Brown, Davenport, Edge, Frye, Hagood, Hamilton,
Rivers, Sinclair, D. C. Smith and Wilkins: A BILL TO AMEND THE
CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
SECTION 16-19-170 ENACTING THE "GAMBLING CRUISE
PROHIBITION ACT" SO AS TO PROHIBIT GAMBLING OR THE
REPAIR OF GAMBLING DEVICES ON A VESSEL IN A VOYAGE
THAT BEGINS AND ENDS WITHIN THIS STATE, TO PROHIBIT
THE OPERATION OF A VESSEL THAT TRANSPORTS PERSONS
TO ANOTHER VESSEL FOR THE PURPOSE OF GAMBLING IF
BOTH THE TRANSPORTING VESSEL AND THE VESSEL ON
WHICH A GAMBLING DEVICE IS USED OR REPAIRED BEGINS
AND ENDS ITS VOYAGE IN THIS STATE, AND TO PROVIDE
DEFINITIONS AND PENALTIES FOR VIOLATION.

  Rep. MILLER explained the Senate Amendments.

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

    H. 3539--SENATE AMENDMENTS CONCURRED IN AND
                    BILL ENROLLED
  The Senate amendments to the following Bill were taken up for
consideration:

  H. 3539 -- Reps. Wilkins, Harrison, Harrell, G. M. Smith, Young,
Simrill, Cobb-Hunter, Altman, Sinclair, Talley, J. E. Smith, Coleman,
Agnew, Whipper, Emory, Hagood, G. R. Smith, Hamilton, Tripp,
Loftis and Vaughn: A BILL TO AMEND SECTION 8-13-770, AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE PROHIBITION ON MEMBERS OF THE

                                  4247
                    WEDNESDAY, MAY 25, 2005

GENERAL ASSEMBLY SERVING ON BOARDS AND
COMMISSIONS, SO AS TO ADD THE COMMISSION ON
INDIGENT DEFENSE TO THE LIST OF EXCEPTIONS; TO
AMEND ARTICLE 3, CHAPTER 3, TITLE 17, RELATING TO THE
COMMISSION ON INDIGENT DEFENSE, SO AS TO REVISE THE
MEMBERSHIP OF THE COMMISSION, TO REVISE THE DUTIES
OF THE COMMISSION, THE OFFICE OF INDIGENT DEFENSE,
AND THE EXECUTIVE DIRECTOR OF THE OFFICE OF
INDIGENT DEFENSE, TO CREATE THE DIVISION OF
APPELLATE DEFENSE WITHIN THE OFFICE OF INDIGENT
DEFENSE, TO TRANSFER ALL DUTIES, RIGHTS, AND
OBLIGATIONS OF THE FORMER COMMISSION AND OFFICE
OF APPELLATE DEFENSE TO THE DIVISION OF APPELLATE
DEFENSE, TO PROVIDE SPECIFICALLY FOR THE DUTIES AND
OPERATION OF THE DIVISION OF APPELLATE DEFENSE,
AND TO REPEAL CHAPTER 4, TITLE 17 RELATING TO THE
COMMISSION AND OFFICE OF APPELLATE DEFENSE.

  Rep. HARRISON explained the Senate Amendments.

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

    H. 3827--SENATE AMENDMENTS CONCURRED IN AND
                    BILL ENROLLED
  The Senate amendments to the following Bill were taken up for
consideration:

  H. 3827 -- Reps. Loftis, Edge, R. Brown, Frye, Sandifer,
W. D. Smith, Vick, Witherspoon, Davenport, Perry, Mahaffey, Miller
and Clemmons: A BILL TO AMEND SECTION 48-39-210, AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE AUTHORITY OF THE DEPARTMENT OF
HEALTH AND ENVIRONMENTAL CONTROL TO PERMIT OR
DENY ALTERATION OR UTILIZATION WITHIN AREAS
DESIGNATED AS CRITICAL AREAS, SO AS TO DELETE
CERTAIN PROVISIONS REQUIRED TO BE STATED ON A
SURVEY DELINEATING COASTAL WATERS OR TIDELANDS;
TO DELETE A REFERENCE TO CRITICAL AREA LINES
AFFECTING SUBDIVIDED RESIDENTIAL LOTS WITH REGARD

                                  4248
                    WEDNESDAY, MAY 25, 2005

TO THE THREE YEAR EXPIRATION OF CRITICAL AREA
LINES; TO DELETE THE ERODING COASTAL STREAM BANK
EXCEPTION TO THE THREE YEAR EXPIRATION OF CRITICAL
AREA LINES; AND TO PROVIDE THAT A CRITICAL AREA
DELINEATION INCORPORATED OR REFERENCED IN A
PERMIT IS VALID FOR THE TERM OF THE PERMIT.

  Rep. WITHERSPOON explained the Senate Amendments.

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

       H. 3122--SENATE AMENDMENTS CONCURRED IN
  The Senate amendments to the following Concurrent Resolution
were taken up for consideration:

  H. 3122 -- Rep. Govan: A CONCURRENT RESOLUTION TO
REQUEST THE DEPARTMENT OF TRANSPORTATION TO
NAME A PORTION OF RUSSELL STREET IN ORANGEBURG
FOR JAMES E. SULTON, SR. AND INSTALL APPROPRIATE
MARKERS OR SIGNS INDICATING THIS DESIGNATION IN
HONOR AND RECOGNITION OF MR. SULTON'S SERVICE AND
COMMITMENT TO WORKING WITHIN HIS COMMUNITY.

  The Senate amendments were concurred in and a message was
ordered sent to the Senate accordingly.

    S. 184--NONCONCURRENCE IN SENATE AMENDMENTS
   The Senate amendments to the following Joint Resolution were
taken up for consideration:

  S. 184 -- Senators Leatherman, Grooms, Mescher, Williams and
McGill: A JOINT RESOLUTION TO CREATE THE FRANCIS
MARION TRAIL COMMISSION TO ESTABLISH A HERITAGE
AND TOURISM TRAIL HONORING FRANCIS MARION'S
REVOLUTIONARY CAMPAIGNS AND TO ESTABLISH THE




                                  4249
                    WEDNESDAY, MAY 25, 2005

COMMISSION'S       MEMBERSHIP,          DUTIES,   AND     RELATED
MATTERS.

  The House refused to agree to the Senate amendments and a message
was ordered sent accordingly.

   H. 3006--NONCONCURRENCE IN SENATE AMENDMENTS
  The Senate amendments to the following Bill were taken up for
consideration:

  H. 3006 -- Reps. Wilkins, Harrell, W. D. Smith, J. Brown, Cato,
Chellis, Harrison, Townsend, Witherspoon, Bailey, G. R. Smith,
Vaughn, Davenport, Sandifer, Barfield, Young, Owens, Kirsh, Leach,
E. H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Rice, Hinson,
Clark, Walker, Bales, Cobb-Hunter, Simrill, Chalk, Duncan, Stewart,
Talley, Harvin, J. E. Smith, Altman, Skelton, Mahaffey, Vick, Hagood,
Martin, Neilson and Bowers: A BILL TO AMEND THE CODE OF
LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 63
TO TITLE 12 SO AS TO ENACT THE 2005 JOBS CREATION ACT,
PROVIDING FOR A CREDIT OF UP TO TWENTY-FIVE
PERCENT AGAINST THE STATE INCOME TAX THE AMOUNT
INVESTED BY AN INVESTOR IN THE EQUITY, NEAR-EQUITY,
OR SEED CAPITAL OF A QUALIFIED BUSINESS, TO DEFINE
"QUALIFIED BUSINESS" AND PROVIDE THAT THE
COORDINATING COUNCIL OF THE DEPARTMENT OF
COMMERCE            HAS     SOLE      DISCRETION         TO    MAKE
DETERMINATIONS OF "QUALIFIED BUSINESS", TO PROVIDE
PROCEDURES FOR CLAIMING THE CREDIT INCLUDING
ANNUAL REGISTRATION AND FEE PAYMENTS, TO REQUIRE
THAT APPLICATIONS INCLUDE INFORMATION AS TO THE
APPLICANT'S STATUS AS A SOCIALLY AND ECONOMICALLY
DISADVANTAGED              BUSINESS,        TO     PROVIDE       FOR
REVOCATION OF THE CREDIT AND RECAPTURE OF THE TAX
OTHERWISE DUE, AND TO PROVIDE FOR THE RESERVATION
OF TWO MILLION DOLLARS OF THE CREDIT CAP FOR
CERTAIN CITED RESEARCH AND DEVELOPMENT PROJECTS;
BY ADDING ARTICLE 10 TO CHAPTER 37 OF TITLE 33 SO AS
TO ESTABLISH A CAPITAL ACCESS PROGRAM PROVIDING
FOR FLEXIBILITY IN THE MAKING OF LOANS BY FINANCIAL
INSTITUTIONS TO SMALL BUSINESSES WHO FAIL TO
QUALIFY FOR CONVENTIONAL OR OTHER GUARANTEED OR

                                 4250
              WEDNESDAY, MAY 25, 2005

ASSISTED FINANCING, AND TO PROVIDE FOR FUNDING OF A
LOAN LOSS RESERVE TO REPAY PARTICIPATING FINANCIAL
INSTITUTIONS WHO SUFFER A LOSS ON A LOAN,
ADMINISTRATION OF THE PROGRAM BY BUSINESS
DEVELOPMENT CORPORATION OF SOUTH CAROLINA,
GUIDELINES     FOR   SELECTING    LOAN   RECIPIENTS,
RECORDKEEPING AND REPORTING, AND DISTRIBUTION OF
RESERVE FUNDS UPON TERMINATION OF INSTITUTIONAL
PARTICIPATION OR THE CAPITAL ACCESS PROGRAM
ITSELF; TO AMEND SECTION 33-37-460, AS AMENDED,
RELATING TO LIMITATIONS ON A LOAN TO A
CORPORATION BY A MEMBER, SO AS TO PROVIDE FOR
REFERENCE TO THE LOAN CALL AGREEMENT AND TO
DISALLOW A LOAN WHICH RESULTS IN OBLIGATIONS THAT
EXCEED TEN TIMES THE GREATER OF THE NET WORTH OF
THE CORPORATION OR THE AMOUNT PAID IN ON
OUTSTANDING CAPITAL STOCK; TO AMEND SECTION 33-37-
465, RELATING TO A SHORT-TERM LOAN TO A
CORPORATION BY A MEMBER, SO AS TO PROVIDE THAT
THE LIMITATIONS AND RESTRICTIONS DO NOT APPLY TO A
SHORT-TERM LOAN; BY ADDING SECTION 12-2-110 SO AS TO
PROVIDE FOR A FIVE-YEAR SUNSET PROVISION FOR TAX
INCENTIVES ENACTED AFTER THIS ACT AND FOR
EXCEPTIONS AND REVIEW; BY ADDING SECTION 12-6-60 SO
AS TO PROVIDE FOR DETERMINATION OF A NEXUS WITH
THIS STATE FOR PURPOSES OF INCOME TAX AND
CORPORATE LICENSE FEE IN CONNECTION WITH A
DISTRIBUTION FACILITY AND TO DEFINE "DISTRIBUTION
FACILITY"; BY ADDING SECTION 12-6-3362 SO AS TO
PROVIDE FOR A TAX CREDIT IN CONNECTION WITH
HEALTH INSURANCE PREMIUMS ASSOCIATED WITH THE
HIRING OF NEW EMPLOYEES; BY ADDING SECTION 12-36-
2690 SO AS TO PROVIDE FOR DETERMINATION OF A NEXUS
WITH THIS STATE FOR SALES AND USE TAX PURPOSES IN
CONNECTION WITH A DISTRIBUTION FACILITY AND TO
DEFINE "DISTRIBUTION FACILITY"; TO AMEND CHAPTER 62
OF TITLE 12, RELATING TO THE SOUTH CAROLINA MOTION
PICTURE INCENTIVE ACT, SO AS TO INCLUDE AN
EXEMPTION FROM LOCAL, AS WELL AS STATE, SALES AND
USE TAXES, TO DEFINE "EMPLOYEE" FOR PURPOSES OF A
FIVE PERCENT REBATE ON ALL TAXABLE WAGES PAID IN

                         4251
                   WEDNESDAY, MAY 25, 2005

CONNECTION WITH AN EMPLOYEE'S WORK ON A MOTION
PICTURE AND TO PROVIDE PROCEDURES FOR CLAIMING
THE REBATE, TO ALLOW UP TO SEVEN PERCENT OF THE
GENERAL FUND PORTION OF ADMISSIONS TAX COLLECTED
BY THE STATE AND FUNDED TO THE USE OF THE SOUTH
CAROLINA FILM COMMISSION TO BE USED EXCLUSIVELY
FOR MARKETING AND SPECIAL EVENTS, AND TO PROVIDE,
FURTHER, THAT THE COMMISSION REPORT ANNUALLY TO
THE     COORDINATING     COUNCIL    FOR   ECONOMIC
DEVELOPMENT ON USE OF ALL ITS FUNDS IN A PUBLIC
REPORT, ACCESSIBLE ON ITS WEBSITE; TO AMEND SECTION
12-36-920, AS AMENDED, RELATING TO SALES TAX ON
GROSS PROCEEDS FROM RENTALS ON LODGINGS, SO AS TO
DELETE A REBATE TO A MOTION PICTURE PRODUCTION
COMPANY FOR SALES TAX PAID ON ACCOMMODATIONS;
TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO
THE DEPARTMENT OF COMMERCE, SO AS TO DELETE A
REFERENCE TO THE STATE DEVELOPMENT BOARD; TO
AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO
EXEMPTIONS FROM THE STATE SALES AND USE TAX, SO AS
TO DELETE THE EXEMPTION FOR THE PROCEEDS OF SALES
MADE TO A MOTION PICTURE COMPANY; TO AMEND
SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOBS
TAX CREDIT, SO AS TO ALLOW THE CREDIT TO AN
EMPLOYER WHO INCREASES EMPLOYMENT BY FIVE,
INSTEAD OF TEN, NEW FULL-TIME JOBS; AND TO MAKE
THIS ACT APPLICABLE TO TAXABLE YEARS BEGINNING
JANUARY 1, 2006.

  The House refused to agree to the Senate amendments and a message
was ordered sent accordingly.

    H. 3235--SENATE AMENDMENTS CONCURRED IN AND
                    BILL ENROLLED
  The Senate amendments to the following Bill were taken up for
consideration:

  H. 3235 -- Reps. Witherspoon, R. Brown, Clark, Bowers and
Mahaffey: A BILL TO AMEND SECTION 49-23-70, AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO DROUGHT RESPONSE AND CURTAILMENT OF

                                4252
                    WEDNESDAY, MAY 25, 2005

NONESSENTIAL WATER USE DURING SEVERE OR EXTREME
DROUGHT, SO AS TO PROVIDE THAT CERTAIN
AGRICULTURAL PURPOSES ARE ALSO CONSIDERED AN
ESSENTIAL WATER USE AND ARE EXEMPT FROM THIS
MANDATORY CURTAILMENT OF NONESSENTIAL WATER
USES.

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

   H. 3110--NONCONCURRENCE IN SENATE AMENDMENTS
  The Senate amendments to the following Bill were taken up for
consideration:

  H. 3110 -- Reps. M. A. Pitts, Viers, Taylor, Rice, Witherspoon,
Sandifer, Toole, Duncan, Huggins, Tripp, Cato, Walker, Davenport,
G. R. Smith, Hamilton, Leach, F. N. Smith, Vaughn, Pinson,
E. H. Pitts, Barfield, Clemmons, Owens, Young, Hinson, White, Loftis,
Jennings, Hayes, Vick, Hosey, Merrill, Ceips, Bailey, Limehouse,
Cooper, Hagood, Mahaffey, Bowers, Ott, Delleney, Talley,
Scarborough, Hiott, McGee, J. R. Smith, Altman, Anthony, Umphlett,
Hardwick, Townsend, Stewart, Thompson, J. E. Smith, Rutherford,
Haley, Ballentine, Rhoad, Agnew, Littlejohn, Parks, Rivers and
Chellis: A BILL TO AMEND SECTION 23-31-215, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO
PROVIDE THAT VALID OUT-OF-STATE PERMITS TO CARRY
CONCEALABLE WEAPONS HELD BY A RESIDENT OF
ANOTHER STATE MUST BE HONORED BY THIS STATE AND
TO DELETE THE PROVISION THAT THIS STATE WILL ONLY
HONOR OUT-OF-STATE PERMITS ISSUED BY A STATE WITH
WHICH SOUTH CAROLINA HAS RECIPROCITY.

  The House refused to agree to the Senate amendments and a message
was ordered sent accordingly.




                                  4253
                  WEDNESDAY, MAY 25, 2005

    H. 3543--SENATE AMENDMENTS CONCURRED IN AND
                    BILL ENROLLED
  The Senate amendments to the following Bill were taken up for
consideration:

  H. 3543 -- Reps. G. M. Smith and Weeks: A BILL TO AMEND
THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY
ENACTING "MARY LYNN'S LAW"; BY ADDING SECTION 16-1-
130 SO AS TO PROVIDE THAT A PERSON WITH A CURRENT
CHARGE OR A PRIOR CONVICTION FOR A VIOLENT
OFFENSE, A HARASSMENT OR STALKING OFFENSE, OR A
BURGLARY OFFENSE OR A PERSON SUBJECT TO A
RESTRAINING ORDER OR VALID ORDER OF PROTECTION
MAY NOT BE CONSIDERED FOR A DIVERSION PROGRAM; TO
AMEND SECTIONS 16-3-1525 AND 16-3-1530, RELATING TO
VICTIM NOTIFICATION, SO AS TO PROVIDE THAT VICTIM
NOTIFICATION MAY NOT BE BY ELECTRONIC OR OTHER
AUTOMATED COMMUNICATION OR RECORDING AND TO
PROVIDE A PROCEDURE FOR NOTIFICATION; TO AMEND
ARTICLE 17, CHAPTER 3, TITLE 16, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO STALKING AND
HARASSMENT, SO AS TO REDEFINE STALKING AND
HARASSMENT; TO REVISE THE PENALTIES FOR STALKING
AND HARASSMENT; TO REQUIRE THAT WHEN A
RESTRAINING ORDER IS ISSUED AS A CONDITION OF BOND
FOR HARASSMENT OR STALKING, A COPY OF THE
RESTRAINING ORDER MUST BE SENT BY THE COURT TO
THE VICTIM; TO PROVIDE THAT A TEMPORARY
RESTRAINING ORDER GRANTED WITHOUT NOTICE MUST BE
ENTERED OF RECORD WITH THE MAGISTRATES COURT; TO
PROVIDE THAT THE DURATION OF A TEMPORARY
RESTRAINING ORDER IS EXTENDED FROM SIX MONTHS TO
ONE YEAR; TO ALLOW LAW ENFORCEMENT OR ANOTHER
PERSON TO SIGN A WARRANT FOR A PERSON ENGAGED IN
HARASSMENT OR STALKING IN PLACE OF THE VICTIM; TO
ALLOW SERVICE OF A RESTRAINING ORDER TO BE MADE
BY MAIL RETURN RECEIPT TO THE DEFENDANT'S LAST
KNOWN ADDRESS; TO REQUIRE THAT A MENTAL
EVALUATION MUST BE MADE BEFORE BAIL IS SET ON A
STALKING OR HARASSMENT CHARGE; AND TO REQUIRE
THAT THE EVALUATION BE SCHEDULED WITHIN TEN DAYS

                              4254
                    WEDNESDAY, MAY 25, 2005

OF THE ORDER'S ISSUANCE, THAT THE REPORT BE ISSUED
WITHIN FORTY-EIGHT HOURS OF EVALUATION, AND THAT
THE SOLICITOR ARRANGE FOR A BOND HEARING UPON
RECEIPT OF THE REPORT BEFORE A CIRCUIT COURT JUDGE;
TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO
PRISONERS WHO ARE ELIGIBLE TO PARTICIPATE IN WORK
RELEASE, SO AS TO PROHIBIT THOSE OFFENDERS
CONVICTED OF A VIOLENT OFFENSE, A HARASSMENT OR
STALKING OFFENSE, OR A BURGLARY OFFENSE; TO AMEND
SECTION 56-1-90, AS AMENDED, RELATING TO REQUIRED
INFORMATION NECESSARY TO OBTAIN A DRIVER'S LICENSE
AND SECTION 56-1-230, RELATING TO NOTIFICATION OF
CHANGE OF ADDRESS, BOTH SO AS TO REQUIRE PROOF OF
ADDRESS AND TO PROVIDE EXAMPLES OF SUFFICIENT
PROOF.

  Rep. G. M. SMITH explained the Senate Amendments.

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

                       H. 4128--ADOPTED
  The following House Resolution was taken up:

  H. 4128 -- Reps. Cato, Chellis, Clemmons, Cobb-Hunter, Cooper,
Hinson, Kirsh, Norman, Sandifer, Witherspoon, Scott, Duncan, Edge,
Harrison, Jennings, Leach, Mack, Ott, Perry, Rice, Scarborough,
Talley, Townsend, Tripp, Viers, White and Owens: A HOUSE
RESOLUTION TO URGE THE UNITED STATES CONGRESS TO
PROVIDE FOR A DOMESTIC ENERGY POLICY THAT WILL
ENSURE AN ADEQUATE SUPPLY OF NATURAL GAS WHILE
PROMOTING ECONOMIC AND NATIONAL SECURITY FOR
THE BENEFIT OF FUTURE GENERATIONS OF AMERICANS.

   Whereas, high and volatile prices for natural gas are negatively
affecting South Carolina’s businesses and manufacturers, contributing
to industrial plant closings, higher unemployment and
underemployment rates; and



                                  4255
                      WEDNESDAY, MAY 25, 2005

  Whereas, more than 60 million American consumers, including
nearly 600,000 South Carolinians, have chosen to rely on natural gas,
which is the most environmentally friendly fossil fuel, for safe, reliable
heat and hot water; and

  Whereas, wholesale natural gas prices have more than doubled over
the last five years, creating an “energy tax” of more than $66 billion
each year on America’s natural gas consumers; and

   Whereas, the natural gas imbalance is exacerbated by artificial
restrictions in development and drilling and by governmental policies
that increase demand for natural gas while impeding the development
of a greater supply by discouraging domestic exploration and
production; and

  Whereas, national energy legislation is long overdue; and

  Whereas, the most critical cornerstone of such legislation must be to
encourage increased exploration and production efforts for domestic
natural gas supplies; and

  Whereas, utilizing sound environmental stewardship principles, new
abundant natural gas frontiers can be developed to meet demand. Now,
therefore,

  Be it resolved by the House of Representatives:

   That the members of the South Carolina House of Representatives
urge the 109th United States Congress to enact legislation that will
provide for a domestic energy policy that will ensure an adequate
supply of natural gas, including developing the appropriate
infrastructure, and that will embrace a concerted national effort to
promote greater energy efficiency, producing a political consensus that
will open promising new areas for environmentally responsible natural
gas production by including measures such as are contained in the
proposed federal State Enhanced Authority for Coastal and Offshore
Resources Act (SEACOR) or similar legislation to (i) secure states’
authority over coastal and offshore resources, (ii) provide an exemption
to the moratorium that prevents until 2012 any surveying, exploration,
development, or production of potential natural gas deposits in areas
off the state’s Atlantic shore that are under federal jurisdiction, and (iii)

                                     4256
                    WEDNESDAY, MAY 25, 2005

incorporate revenue sharing between the federal and state governments
for leasing activity that potentially will provide South Carolina with
significant additional sources of revenue.

  Be it further resolved that a copy of this resolution be forwarded to
the Speaker of the United States House of Representatives, the
President of the United States Senate, and the members of the South
Carolina Congressional Delegation.

  Rep. LEACH explained the Resolution.

  The Resolution was adopted.

            RECURRENCE TO THE MORNING HOUR
  Rep. CATO moved that the House recur to the Morning Hour, which
was agreed to.

                 MESSAGE FROM THE SENATE
  The following was received:

  Columbia, S.C., May 25, 2005
  Mr. Speaker and Members of the House:
  The Senate respectfully informs your Honorable Body that it has
requested and has granted free conference powers and appointed
Senators Hayes, Jackson and Short of the Committee of Free
Conference on the part of the Senate on H. 3499:

  H. 3499 -- Reps. Harrell, Wilkins, Townsend, Leach, Bales,
G. R. Smith, J. R. Smith, Battle, Cobb-Hunter, Neilson, Clark,
Harrison, Skelton, Moody-Lawrence, Rice, Harvin, Ott, J. E. Smith,
Merrill, Mack, Hinson, Cotty, Norman, Talley, Chellis, Hardwick,
Clemmons, Bailey, Dantzler, Walker, Cooper, E. H. Pitts, Ballentine,
Bowers, Huggins and Hagood: A BILL TO AMEND THE CODE OF
LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10,
ENTITLED PHYSICAL EDUCATION AND NUTRITIONAL
STANDARDS, TO TITLE 59 SO AS TO ESTABLISH PHYSICAL
EDUCATION         AND     NUTRITIONAL        STANDARDS           IN
ELEMENTARY SCHOOLS, TO PROVIDE FOR THE AMOUNT OF
PHYSICAL EDUCATION INSTRUCTION A STUDENT IN
KINDERGARTEN THROUGH FIFTH GRADE MUST RECEIVE
EACH WEEK ON A PHASED-IN BASIS, PROVIDE FOR A

                                  4257
                   WEDNESDAY, MAY 25, 2005

MEASURE OF EFFECTIVENESS OF THE PHYSICAL
EDUCATION PROGRAM IN ALL PUBLIC SCHOOLS, PROVIDE
FOR A PHYSICAL EDUCATION ACTIVITY DIRECTOR,
PROVIDE CERTAIN NUTRITIONAL STANDARDS FOR
ELEMENTARY SCHOOLS, PROVIDE THAT ELEMENTARY
SCHOOLS SHALL REMOVE CERTAIN FOOD AND DRINKS
FROM VENDING MACHINES, PROVIDE THE MINIMUM
AMOUNT OF TIME ELEMENTARY SCHOOL STUDENTS MUST
HAVE TO EAT LUNCH, PROVIDE FOR THE ESTABLISHMENT
OF A DISTRICT LEVEL AND AN ELEMENTARY SCHOOL
LEVEL COORDINATED SCHOOL HEALTH ADVISORY
COUNCIL AND PROVIDE ITS POWERS AND DUTIES, PROVIDE
FOR NUTRITIONAL EDUCATION, AND PROVIDE A MEASURE
OF EFFECTIVENESS OF HEALTH EDUCATION PROGRAMS.

  Very respectfully,
  President
  Received as information.

                 MESSAGE FROM THE SENATE
  The following was received:

  Columbia, S.C., May 25, 2005
  Mr. Speaker and Members of the House:
  The Senate respectfully informs your Honorable Body that it has
adopted the report of the Committee of Free Conference on H. 3499:

  H. 3499 -- Reps. Harrell, Wilkins, Townsend, Leach, Bales,
G. R. Smith, J. R. Smith, Battle, Cobb-Hunter, Neilson, Clark,
Harrison, Skelton, Moody-Lawrence, Rice, Harvin, Ott, J. E. Smith,
Merrill, Mack, Hinson, Cotty, Norman, Talley, Chellis, Hardwick,
Clemmons, Bailey, Dantzler, Walker, Cooper, E. H. Pitts, Ballentine,
Bowers, Huggins and Hagood: A BILL TO AMEND THE CODE OF
LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10,
ENTITLED PHYSICAL EDUCATION AND NUTRITIONAL
STANDARDS, TO TITLE 59 SO AS TO ESTABLISH PHYSICAL
EDUCATION         AND     NUTRITIONAL        STANDARDS           IN
ELEMENTARY SCHOOLS, TO PROVIDE FOR THE AMOUNT OF
PHYSICAL EDUCATION INSTRUCTION A STUDENT IN
KINDERGARTEN THROUGH FIFTH GRADE MUST RECEIVE
EACH WEEK ON A PHASED-IN BASIS, PROVIDE FOR A

                                4258
                    WEDNESDAY, MAY 25, 2005

MEASURE OF EFFECTIVENESS OF THE PHYSICAL
EDUCATION PROGRAM IN ALL PUBLIC SCHOOLS, PROVIDE
FOR A PHYSICAL EDUCATION ACTIVITY DIRECTOR,
PROVIDE CERTAIN NUTRITIONAL STANDARDS FOR
ELEMENTARY SCHOOLS, PROVIDE THAT ELEMENTARY
SCHOOLS SHALL REMOVE CERTAIN FOOD AND DRINKS
FROM VENDING MACHINES, PROVIDE THE MINIMUM
AMOUNT OF TIME ELEMENTARY SCHOOL STUDENTS MUST
HAVE TO EAT LUNCH, PROVIDE FOR THE ESTABLISHMENT
OF A DISTRICT LEVEL AND AN ELEMENTARY SCHOOL
LEVEL COORDINATED SCHOOL HEALTH ADVISORY
COUNCIL AND PROVIDE ITS POWERS AND DUTIES, PROVIDE
FOR NUTRITIONAL EDUCATION, AND PROVIDE A MEASURE
OF EFFECTIVENESS OF HEALTH EDUCATION PROGRAMS.

  The Report of the Committee of Free Conference having been
adopted by both Houses ordered that the title be changed to that of an
Act and the Act enrolled for Ratification.

  Very respectfully,
  President
  Received as information.

                 MESSAGE FROM THE SENATE
  The following was received:

   Columbia, S.C., May 25, 2005
   Mr. Speaker and Members of the House:
   The Senate respectfully informs your Honorable Body that it concurs
in the amendments proposed by the House to S. 321:

  S. 321 -- Senators Moore and Martin: A BILL TO AMEND
CHAPTER 11, TITLE 25, CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 25-11-90 SO AS TO
PROVIDE FOR A WAR ROSTER PREPARED AND
DISTRIBUTED BY THE DIVISION OF VETERANS AFFAIRS IN
THE OFFICE OF THE GOVERNOR TO INCLUDE THE NAME
AND PRINCIPAL ITEMS OF RECORD OF PERSONS WHO
SERVED ON ACTIVE DUTY DURING CERTAIN CONFLICTS
AND AN ORDER OF BATTLE TO INCLUDE THE NAME OF
MILITARY     UNITS    BASED     IN     SOUTH   CAROLINA

                                 4259
                    WEDNESDAY, MAY 25, 2005

PARTICIPATING IN CERTAIN CONFLICTS; AND TO REPEAL
SECTION 73, PART II OF ACT 164 OF 1993 RELATING TO
PUBLICATION AND DISTRIBUTION OF OTHER MILITARY
ROSTERS.
  and has ordered the Bill Enrolled for Ratification.

  Very respectfully,
  President
  Received as information.

                 MESSAGE FROM THE SENATE
  The following was received:

   Columbia, S.C., May 25, 2005
   Mr. Speaker and Members of the House:
   The Senate respectfully informs your Honorable Body that it concurs
in the amendments proposed by the House to S. 588:

  S. 588 -- Senators Martin, Thomas, Bryant, McConnell, Alexander,
Hayes and Malloy: A BILL TO AMEND CHAPTER 1 OF TITLE 35,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
THE UNIFORM SECURITIES ACT, SO AS TO ENACT THE
SOUTH CAROLINA UNIFORM SECURITIES ACT OF 2005,
PROVIDING FOR AN ENHANCED ROLE OF THE STATE IN
SECURITIES REGULATION AND INVESTOR PROTECTION
INCLUDING REGISTRATION OF INITIAL PUBLIC OFFERINGS
BY ISSUERS AND CONTROL PERSONS; REGISTRATION OF
BROKER-DEALERS AND THEIR AGENTS AND INVESTMENT
ADVISORS AND THEIR REPRESENTATIVES; EXPANDED
INVESTIGATORY AND ENFORCEMENT POWERS THROUGH
SUBPOENA POWER, CRIMINAL PENALTIES SET BY THE
STATE, AND STATE CIVIL AND ADMINISTRATIVE
LIABILITY; FACILITATION OF ELECTRONIC FILING; AND
INVESTOR EDUCATION; TO AMEND SECTION 31-13-200,
RELATING TO HOUSING AND REDEVELOPMENT NOTES AND
BONDS; SECTION 35-6-10, AS AMENDED, RELATING TO
DEFINITIONS FOR PURPOSES OF THE UNIFORM TRANSFER
ON DEATH SECURITY REGISTRATION ACT; SECTION 37-1-
202, RELATING TO TRANSACTIONS NOT SUBJECT TO THE
CONSUMER PROTECTION CODE; SECTION 38-90-440, AS
AMENDED, RELATING TO THE STATE REGISTRATION OF A

                                 4260
                    WEDNESDAY, MAY 25, 2005

CAPTIVE INSURANCE COMPANY; AND SECTION 41-44-60,
RELATING TO THE PALMETTO SEED CAPITAL FUND, ALL SO
AS TO CONFORM CROSS-REFERENCES TO THE UNIFORM
SECURITIES ACT OF 2005.
  and has ordered the Bill Enrolled for Ratification.

  Very respectfully,
  President
  Received as information.

                 MESSAGE FROM THE SENATE
  The following was received:

   Columbia, S.C., May 25, 2005
   Mr. Speaker and Members of the House:
   The Senate respectfully informs your Honorable Body that it concurs
in the amendments proposed by the House to S. 808:

  S. 808 -- Senators Patterson, Courson, Lourie and Jackson: A BILL
TO DEVOLVE THE AUTHORITY TO APPOINT THE MEMBERS
OF THE RICHLAND COUNTY RECREATION COMMISSION
FROM THE RICHLAND COUNTY LEGISLATIVE DELEGATION
TO THE GOVERNING BODY OF RICHLAND COUNTY.
  and has ordered the Bill Enrolled for Ratification.

  Very respectfully,
  President
  Received as information.

                 MESSAGE FROM THE SENATE
  The following was received:

   Columbia, S.C., May 25, 2005
   Mr. Speaker and Members of the House:
   The Senate respectfully informs your Honorable Body that it concurs
in the amendments proposed by the House to S. 607:

  S. 607 -- Senators Lourie, J. V. Smith, Anderson, Hayes, Land,
Malloy, Ford, Elliott, Richardson, Matthews, Patterson, Grooms,
McConnell, Short, Williams, Cleary, Leventis, Martin, Hutto, Scott,
Thomas and Jackson: A BILL TO AMEND THE CODE OF LAWS

                                 4261
                    WEDNESDAY, MAY 25, 2005

OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 7 TO
TITLE 37 SO AS TO PROVIDE FOR THE LICENSING AND
REGULATION OF CONSUMER CREDIT COUNSELING IN THIS
STATE BY THE DEPARTMENT OF CONSUMER AFFAIRS
INCLUDING DEFINITIONS, LICENSING REQUIREMENTS, A
WRITTEN CONTRACT, A THOROUGH BUDGET ANALYSIS, A
TRUST      ACCOUNT         WITH       AT      LEAST   QUARTERLY
ACCOUNTINGS TO THE CONSUMER, A SURETY BOND, A
LIMITATION ON FEES, REPORTS TO THE DEPARTMENT, A
LIST OF PROHIBITED ACTIVITIES, CIVIL AND CRIMINAL
PENALTIES FOR A VIOLATION, AND MAKING A VIOLATION
AN UNFAIR TRADE PRACTICE SUBJECT TO THE UNFAIR
TRADE PRACTICES ACT.
  and has ordered the Bill Enrolled for Ratification.

  Very respectfully,
  President
  Received as information.

                 MESSAGE FROM THE SENATE
  The following was received:

   Columbia, S.C., May 25, 2005
   Mr. Speaker and Members of the House:
   The Senate respectfully informs your Honorable Body that it concurs
in the amendments proposed by the House to S. 637:

  S. 637 -- Senators Jackson, Malloy, J. V. Smith, Matthews, Reese,
Short, McGill, Leventis, Williams, Patterson and Pinckney: A BILL
TO AMEND CHAPTER 68, TITLE 40, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE REGULATION
OF STAFF LEASING SERVICES, SO AS TO CHANGE THE TERM
"STAFF LEASING SERVICES" TO "PROFESSIONAL EMPLOYER
ORGANIZATIONS" AND TO PROVIDE FOR THE LICENSURE
AND REGULATION OF THESE ORGANIZATIONS THAT
PROVIDE EMPLOYEES TO BUSINESSES GENERALLY ON A
LONG TERM BASIS; AND AMONG OTHER THINGS, TO
REQUIRE TWO YEARS OF INDUSTRY EXPERIENCE TO BE
LICENSED AND TO PROVIDE A GRANDFATHER PROVISION
FOR EXISTING LICENSEES PROVIDING THESE SERVICES; TO
ESTABLISH CONTINUING EDUCATION REQUIREMENTS; TO

                                 4262
                   WEDNESDAY, MAY 25, 2005

AUTHORIZE THE DEPARTMENT OF CONSUMER AFFAIRS TO
USE AN ASSURANCE ORGANIZATION TO CERTIFY THE
QUALIFICATIONS OF A PROFESSIONAL EMPLOYER
ORGANIZATION FOR LICENSURE; TO SPECIFY INSURANCE
INFORMATION THAT AN ORGANIZATION MUST PROVIDE TO
EMPLOYEES AND THE DEPARTMENT; AND TO FURTHER
SPECIFY REQUIREMENTS WHEN PROVIDING EMPLOYEE
INSURANCE.
  and has ordered the Bill Enrolled for Ratification.

  Very respectfully,
  President
  Received as information.

                 MESSAGE FROM THE SENATE
  The following was received:

   Columbia, S.C., May 25, 2005
   Mr. Speaker and Members of the House:
   The Senate respectfully informs your Honorable Body that it has
overridden the veto by the Governor on R. 82, S. 573 by a vote of 43
to 1:

  (R82) S. 573 -- Senators McConnell, Verdin, Rankin, Courson,
Elliott and Ford: AN ACT TO AMEND SECTION 1-3-240, AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO OFFICERS WHO MAY BE REMOVED BY THE
GOVERNOR FOR CAUSE, SO AS TO DELETE THE
COMMISSION OF THE DEPARTMENT OF REVENUE, TO ADD
THE DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE
AUTHORITY; TO ESTABLISH CONDITIONS UNDER WHICH
DIRECTORS MAY BE REMOVED; TO AMEND SECTION 15-78-
60, RELATING TO GOVERNMENTAL IMMUNITY, SO AS TO
PROVIDE THAT THE PUBLIC SERVICE AUTHORITY IS NOT
LIABLE FOR CERTAIN LOSSES RESULTING FROM CONDUCT
OF A DIRECTOR OF THE AUTHORITY; TO AMEND SECTION
15-78-70,    RELATING     TO   THE     LIABILITY      OF    A
GOVERNMENTAL EMPLOYEE, SO AS TO PROVIDE THAT A
DIRECTOR OF THE PUBLIC SERVICE AUTHORITY IS NOT
IMMUNE FROM LIABILITY FOR CERTAIN CONDUCT AND TO
PROVIDE THAT THE INSURANCE RESERVE FUND IS

                                4263
               WEDNESDAY, MAY 25, 2005

PROHIBITED FROM PROVIDING INSURANCE COVERAGE FOR
THAT INDIVIDUAL LIABILITY; TO AMEND SECTION 58-3-530,
RELATING TO THE DUTIES AND FUNCTIONS OF THE STATE
REGULATIONS OF PUBLIC UTILITIES REVIEW COMMITTEE,
SO AS TO ADD THE DUTY TO SCREEN CANDIDATES FOR THE
BOARD OF DIRECTORS OF THE PUBLIC SERVICE
AUTHORITY; TO AMEND SECTION 58-31-20, RELATING TO
THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE
AUTHORITY, SO AS TO SET FORTH QUALIFICATIONS AND
REQUIREMENTS FOR DIRECTORS AND TO PROVIDE FOR THE
SCREENING OF DIRECTORS; TO AMEND SECTION 58-31-30,
AS AMENDED, RELATING TO THE POWERS OF THE PUBLIC
SERVICE AUTHORITY, SO AS TO PROHIBIT THE AUTHORITY
FROM DISPOSING OF CERTAIN PROPERTY WITHOUT PRIOR
APPROVAL OF THE GENERAL ASSEMBLY OR FROM
INQUIRING INTO THE FEASIBILITY OF DISPOSING OF ITS
PROPERTY; BY ADDING SECTION 58-31-55 SO AS TO
PROVIDE STANDARDS OF CONDUCT FOR DIRECTORS OF
THE PUBLIC SERVICE AUTHORITY; BY ADDING SECTION 58-
31-56 SO AS TO DEFINE CONFLICT OF INTEREST
TRANSACTION; BY ADDING SECTION 58-31-57 SO AS TO
PERMIT CUSTOMERS OF THE PUBLIC SERVICE AUTHORITY
TO SUE DIRECTORS OF THE AUTHORITY FOR BREACH OF
DUTY AND TO PROVIDE DAMAGES; TO AMEND SECTION 58-
31-110, RELATING TO THE TRANSFER OF NET EARNINGS OF
THE PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE THAT
ONLY THE NET EARNINGS NOT NECESSARY FOR THE
OPERATION OF AND IN THE BEST INTEREST OF THE PUBLIC
SERVICE AUTHORITY SHALL BE PAID TO THE STATE
TREASURER AND USED TO REDUCE THE TAX BURDENS ON
THE PEOPLE OF THE STATE AND PROVIDE THAT NOTHING
IN THIS SECTION PROHIBITS THE AUTHORITY FROM
PAYING CERTAIN AMOUNTS TO THE STATE; AND TO
AMEND SECTION 58-31-320, RELATING TO THE PROVISION
OF ELECTRIC SERVICE BY THE AUTHORITY TO CERTAIN
CUSTOMERS, SO AS TO AUTHORIZE THE AUTHORITY TO
EXCHANGE OR INTERCHANGE SERVICE WITH, PURCHASE
ELECTRIC ENERGY FROM, OR SELL ELECTRIC ENERGY TO




                         4264
                       WEDNESDAY, MAY 25, 2005

ANY JOINT AGENCY ORGANIZED AND OPERATING
PURSUANT TO THE PROVISIONS OF CHAPTER 23 OF TITLE 6.

  Very respectfully,
  President

     R. 82, S. 573--ORDERED PRINTED IN THE JOURNAL
  The SPEAKER ordered the following veto printed in the Journal:

May 24, 2005
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202
Dear Mr. President and Members of the Senate:

   I am hereby returning without my approval S. 573, R. 82.
   I am vetoing this legislation because, despite the assertions of some
supporters, this legislation will have a chilling effect on accountability
to the people of South Carolina and ultimately serves as a threat to
ratepayers of Santee Cooper.
   We have tried fixed terms with the Santee Cooper board and did not
see positive results. It was during the time of protected terms that
political contributions from the money that belonged to ratepayers were
given and a new addition to a private school was named after a Santee
Cooper board member after he provided ratepayer money to build the
addition. It was during this time that Santee Cooper was swept up in a
federal grand jury that implicated its former vice president for
receiving kickbacks from coal companies that cost ratepayers millions.
As a result of scandals and poor stewardship the Governor was given
removal powers as a part of the Restructuring Act of 1993.
   All that having been said, if this Bill were only about removal of
board members, I would not object as strongly as I do to this
legislation.
   This Bill goes on to do many things that I think are harmful to both
ratepayers and taxpayers. First, this legislation increases the number of
board members who must have “substantial work experience” with
relation to cooperatives from one to two. This provision goes in the
opposite direction the corporate world is now moving under the
Sarbanes-Oxley legislation, which expects more, not less independence
from boards of directors. In the private sector, corporations typically

                                   4265
                     WEDNESDAY, MAY 25, 2005

do not provide a bloc of votes to the largest consumer, no matter how
insignificant the number may seem. Ultimately, this legislation only
serves to further dilute the representation of the primary customer that
Santee Cooper is supposed to serve, in exchange for the group with the
most powerful lobby. However, the board is supposed to ultimately act
in the best interest of Santee Cooper as a whole and not any one
interest.
   Second, the Bill creates liability against individual directors for
failing to act “in the best interests of the Public Service Authority”
among other things. Though the State cannot provide coverage for the
directors, liability insurance is provided by Santee Cooper and would
be extended to cover any litigation under this provision. Current law
requires a director to be held liable for criminal or unethical actions
taken as a member of the board. This legislation now opens to
interpretation the good faith provision to nearly 4 million people and
leaves for the courts to arbitrate the due diligence or thoughts behind an
individual’s actions. This will allow any individual the right to litigate
the actions of the board, regardless of merit, simply because they
happen to disagree with a specific outcome. As an example,
recreational fisherman, one of Santee Cooper’s constituencies may feel
differently about modification of lake levels than those who lease
lakefront parcels from the utility. Alternatively, destruction of water
hyacinths may be viewed as necessary for electrical generation efforts,
but once again hurt the recreational fisherman. If the board went in one
direction to benefit those who lease land or to destroy aquatic
vegetation, the recreational fisherman could quite possibly take legal
action against some or all of the board members. In all, I believe this
provision will have a chilling effect on attracting the best and brightest
of the State to service on the Santee Cooper board.
   Third, the legislation requires all future appointments to the board
first be screened by the State Regulation of Public Utilities Review
Committee before being considered for confirmation by the Senate.
This committee is comprised of six legislative members, equally
represented by the House and the Senate, and four additional
appointments picked from the general public. This simply defies logic.
Under current law, every appointee to the board requires confirmation
by the Senate. Creating yet another committee presupposes the Senate
is incapable of their current responsibility in screening executive
branch appointments. This review committee allows for the first time,
a group of unelected citizens the power to do what only elected
legislators have done since the founding of the State – take part in

                                   4266
                     WEDNESDAY, MAY 25, 2005

confirming executive branch appointments.             This is de facto
“destructuring” and shifts some of the current responsibilities vested in
elected officials over to an unelected, and therefore, less accountable,
group of individuals.
   Finally, the legislation reconfirms the General Assembly’s role in
disposing of all material energy generating facilities or property needed
for power generation. However, it adds further that Santee Cooper or
its board cannot even inquire or consider the feasibility of such an act
without prior approval of the General Assembly.
   In total, this legislation attempts to cement some of the worst
characteristics of our current state government. The Bill diffuses
accountability for members of the board and the people who confirm
them to the point that prospective board appointments will need to be
as knowledgeable of Columbia politics as they might be in power
generation – hardly a trait ratepayers or management should want from
their board. The Bill also creates limitless litigation possibilities
against any and all members of the board, which will make serving far
less attractive to some of the most qualified citizens of the State and
will add further costs to ratepayers, who will ultimately pay for the
liability coverage for members of the board. However, it is the
legislative micromanagement of the board’s actions, right down to its
ability to speak on the issue of asset disposal that is the most chilling.
We should not allow muzzles to be dispensed in the court of public
policy when the point of view does not reflect our own. This
legislation is clearly an attempt by some to censor a debate that has
been brought on by members of the General Assembly, members of the
media, and even their own Legislative Audit Council (LAC).
   The members of the Santee Cooper board have asked questions
relating to the benefits of employees, funds given to non-profit and
other organizations, revenues returned to the State, and procurement
issues. This same mandate was given to the Legislative Audit Council
a decade ago. These were fair and legitimate questions to ask of an
agency whose senior management either engaged in suspicious activity
or allowed it to happen. While some of the concerns originally raised
by the LAC have been resolved, there are still more questions that need
to be answered.
   While this legislation may prevent members of the Santee Cooper
board from raising concerns about the value of contributions or the
possibility of additional contributions to the State, it will not stop the
debate from continuing. This Bill is clearly designed to intimidate
board members, current and future, into not asking questions, not

                                   4267
                     WEDNESDAY, MAY 25, 2005

looking for efficiencies, not proposing sale of property, even if they are
surplus, or suggesting any increased contributions to the State. If the
General Assembly doesn’t stop them legislatively, then any one person
can tie them up in the courts.
   The issue of privatization has been raised numerous times. Let us be
clear: any attempt to sell the asset could only happen if legislation were
introduced and approved by the General Assembly. Several legislators,
including senior leadership in the House of Representatives, have
proposed over the last 15 years to do just that and the legislation has
gone nowhere. Not surprisingly, the operations of Santee Cooper have
continued and the flow of electricity to the customers, both direct and
indirect, has not suffered in the slightest.
   Questions have been raised for more than two decades about how
much Santee Cooper should return to the taxpayers, as mandated in the
enabling statute. Despite what proponents of this legislation assure
ratepayers, there are ways of increasing contributions without once
raising rates. The company could reduce expenditures, as it has for two
consecutive years under the current board, approve the sale of surplus
assets, or increase efficiencies. The scare tactics employed by some
over the last few months ignores the debate on increased contributions
over more than 20 years. Simply put, I would not accept ratepayer
increases to increase contributions to the State.
   Fundamentally, I believe this legislation is destructive, both to the
ratepayers of Santee Cooper and the people of South Carolina. It will
not provide the stability or accountability that the proponents allege,
nor does it offer enticement to some of the most qualified citizens in
South Carolina to serve on its board. Further, this Bill turns
restructuring of state government on its head and sends one more state
institution back to the state government of 1895. This Bill should not
be enacted and I encourage the members of the General Assembly to
go back to the drawing board on this legislation.
   For this reason, I am returning S. 573, R. 82 to you without my
signature.

Sincerely,
Mark Sanford
Governor




                                   4268
                 WEDNESDAY, MAY 25, 2005

       R. 82, S. 573--GOVERNOR'S VETO OVERRIDDEN
  The Veto on the following Act was taken up:

  (R82) S. 573 -- Senators McConnell, Verdin, Rankin, Courson,
Elliott and Ford: AN ACT TO AMEND SECTION 1-3-240, AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO OFFICERS WHO MAY BE REMOVED BY THE
GOVERNOR FOR CAUSE, SO AS TO DELETE THE
COMMISSION OF THE DEPARTMENT OF REVENUE, TO ADD
THE DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE
AUTHORITY; TO ESTABLISH CONDITIONS UNDER WHICH
DIRECTORS MAY BE REMOVED; TO AMEND SECTION 15-78-
60, RELATING TO GOVERNMENTAL IMMUNITY, SO AS TO
PROVIDE THAT THE PUBLIC SERVICE AUTHORITY IS NOT
LIABLE FOR CERTAIN LOSSES RESULTING FROM CONDUCT
OF A DIRECTOR OF THE AUTHORITY; TO AMEND SECTION
15-78-70,    RELATING     TO   THE     LIABILITY      OF    A
GOVERNMENTAL EMPLOYEE, SO AS TO PROVIDE THAT A
DIRECTOR OF THE PUBLIC SERVICE AUTHORITY IS NOT
IMMUNE FROM LIABILITY FOR CERTAIN CONDUCT AND TO
PROVIDE THAT THE INSURANCE RESERVE FUND IS
PROHIBITED FROM PROVIDING INSURANCE COVERAGE FOR
THAT INDIVIDUAL LIABILITY; TO AMEND SECTION 58-3-530,
RELATING TO THE DUTIES AND FUNCTIONS OF THE STATE
REGULATIONS OF PUBLIC UTILITIES REVIEW COMMITTEE,
SO AS TO ADD THE DUTY TO SCREEN CANDIDATES FOR THE
BOARD OF DIRECTORS OF THE PUBLIC SERVICE
AUTHORITY; TO AMEND SECTION 58-31-20, RELATING TO
THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE
AUTHORITY, SO AS TO SET FORTH QUALIFICATIONS AND
REQUIREMENTS FOR DIRECTORS AND TO PROVIDE FOR THE
SCREENING OF DIRECTORS; TO AMEND SECTION 58-31-30,
AS AMENDED, RELATING TO THE POWERS OF THE PUBLIC
SERVICE AUTHORITY, SO AS TO PROHIBIT THE AUTHORITY
FROM DISPOSING OF CERTAIN PROPERTY WITHOUT PRIOR
APPROVAL OF THE GENERAL ASSEMBLY OR FROM
INQUIRING INTO THE FEASIBILITY OF DISPOSING OF ITS
PROPERTY; BY ADDING SECTION 58-31-55 SO AS TO
PROVIDE STANDARDS OF CONDUCT FOR DIRECTORS OF
THE PUBLIC SERVICE AUTHORITY; BY ADDING SECTION 58-
31-56 SO AS TO DEFINE CONFLICT OF INTEREST

                             4269
                    WEDNESDAY, MAY 25, 2005

TRANSACTION; BY ADDING SECTION 58-31-57 SO AS TO
PERMIT CUSTOMERS OF THE PUBLIC SERVICE AUTHORITY
TO SUE DIRECTORS OF THE AUTHORITY FOR BREACH OF
DUTY AND TO PROVIDE DAMAGES; TO AMEND SECTION 58-
31-110, RELATING TO THE TRANSFER OF NET EARNINGS OF
THE PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE THAT
ONLY THE NET EARNINGS NOT NECESSARY FOR THE
OPERATION OF AND IN THE BEST INTEREST OF THE PUBLIC
SERVICE AUTHORITY SHALL BE PAID TO THE STATE
TREASURER AND USED TO REDUCE THE TAX BURDENS ON
THE PEOPLE OF THE STATE AND PROVIDE THAT NOTHING
IN THIS SECTION PROHIBITS THE AUTHORITY FROM
PAYING CERTAIN AMOUNTS TO THE STATE; AND TO
AMEND SECTION 58-31-320, RELATING TO THE PROVISION
OF ELECTRIC SERVICE BY THE AUTHORITY TO CERTAIN
CUSTOMERS, SO AS TO AUTHORIZE THE AUTHORITY TO
EXCHANGE OR INTERCHANGE SERVICE WITH, PURCHASE
ELECTRIC ENERGY FROM, OR SELL ELECTRIC ENERGY TO
ANY JOINT AGENCY ORGANIZED AND OPERATING
PURSUANT TO THE PROVISIONS OF CHAPTER 23 OF TITLE 6.

  The question was put, shall the Act become a part of the law, the
veto of his Excellency, the Governor to the contrary notwithstanding,
the yeas and nays were taken resulting as follows:
                            Yeas 104; Nays 5

Those who voted in the affirmative are:
Agnew                  Altman                  Anderson
Anthony                Bailey                  Bales
Barfield               Battle                  Bingham
Bowers                 Brady                   Branham
Breeland               G. Brown                J. Brown
R. Brown               Cato                    Ceips
Chalk                  Chellis                 Clark
Clemmons               Clyburn                 Cobb-Hunter
Coleman                Cooper                  Cotty
Dantzler               Davenport               Delleney
Duncan                 Edge                    Emory
Frye                   Funderburk              Govan
Haley                  Hardwick                Harrell
Harrison               Haskins                 Hayes

                                 4270
                   WEDNESDAY, MAY 25, 2005

Herbkersman            J. Hines             M. Hines
Hinson                 Hiott                Hosey
Howard                 Huggins              Jefferson
Jennings               Kennedy              Kirsh
Leach                  Limehouse            Littlejohn
Loftis                 Lucas                Mack
Mahaffey               Martin               McCraw
McGee                  McLeod               Merrill
Miller                 J. H. Neal           J. M. Neal
Neilson                Ott                  Owens
Parks                  Perry                Phillips
Pinson                 E. H. Pitts          M. A. Pitts
Rhoad                  Rice                 Rutherford
Sandifer               Scarborough          Sinclair
Skelton                D. C. Smith          G. M. Smith
G. R. Smith            J. E. Smith          J. R. Smith
W. D. Smith            Talley               Taylor
Thompson               Toole                Vick
Walker                 Weeks                Whipper
White                  Whitmire             Wilkins
Witherspoon            Young

                              Total--104

Those who voted in the negative are:
Hagood                 Hamilton             Norman
Simrill                Vaughn

                               Total--5

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

                       RECORD FOR VOTING
    I abstained from voting on Senate Bill 573 due to a possible
conflict as a former cooperative employee.
    Rep. C. David Umphlett, Jr.




                                 4271
                    WEDNESDAY, MAY 25, 2005

    H. 3067--SENATE AMENDMENTS CONCURRED IN AND
                    BILL ENROLLED
  The Senate amendments to the following Bill were taken up for
consideration:

  H. 3067 -- Reps. J. R. Smith, Clark, Clyburn, Perry, D. C. Smith,
Stewart and G. R. Smith: A BILL TO AMEND SECTION 12-14-60,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
THE INVESTMENT TAX CREDIT AGAINST STATE INCOME
TAX ALLOWED FOR ECONOMIC IMPACT ZONE QUALIFIED
MANUFACTURING            AND      PRODUCTIVE         EQUIPMENT
PROPERTY, SO AS TO EXTEND FOR CERTAIN TAXPAYERS
THE TEN-YEAR CARRY-FORWARD PERIOD FOR UNUSED
TAX CREDITS AND PROVIDE THE REQUIREMENTS
NECESSARY FOR A TAXPAYER TO RECEIVE THE
ADDITIONAL CARRY-FORWARD PERIOD.

  Rep. J. R. SMITH explained the Senate Amendments.

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

              REPORT OF STANDING COMMITTEE
  Rep. LEACH, from the Committee on Invitations and Memorial
Resolutions, submitted a favorable report on:

  H. 4196 -- Reps. G. M. Smith and Weeks: A CONCURRENT
RESOLUTION TO REQUEST THAT THE DEPARTMENT OF
TRANSPORTATION NAME THE PORTION OF BARTLETTE
STREET IN THE CITY OF SUMTER FROM ITS INTERSECTION
WITH WASHINGTON STREET TO ITS INTERSECTION WITH
HARVIN STREET "W. A. (BUBBA) MCELVEEN STREET" AND
ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS
STREET THAT CONTAIN THE WORDS "W. A. (BUBBA)
MCELVEEN STREET".




                                  4272
                    WEDNESDAY, MAY 25, 2005

        H. 4196--ADOPTED AND SENT TO THE SENATE
  On motion of Rep. LEACH, with unanimous consent, the following
Concurrent Resolution was taken up for immediate consideration:

  H. 4196 -- Reps. G. M. Smith and Weeks: A CONCURRENT
RESOLUTION TO REQUEST THAT THE DEPARTMENT OF
TRANSPORTATION NAME THE PORTION OF BARTLETTE
STREET IN THE CITY OF SUMTER FROM ITS INTERSECTION
WITH WASHINGTON STREET TO ITS INTERSECTION WITH
HARVIN STREET "W. A. (BUBBA) MCELVEEN STREET" AND
ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS
STREET THAT CONTAIN THE WORDS "W. A. (BUBBA)
MCELVEEN STREET".

  Be it resolved by the House of Representatives, the Senate
concurring:

   That the members of the General Assembly request that the
Department of Transportation name the portion of Bartlette Street
(S-43-118) in the City of Sumter from its intersection with Washington
Street (S-43-70) to its intersection with Harvin Street (S-43-107) “W.
A. (Bubba) McElveen Street” and erect appropriate markers or signs
along this street that contain the words “W. A. (Bubba) McElveen
Street”.

  Be it further resolved that a copy of this resolution be forwarded to
the Department of Transportation.

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

              REPORT OF STANDING COMMITTEE
  Rep. LEACH, from the Committee on Invitations and Memorial
Resolutions, submitted a favorable report on:

  S. 801 -- Senators Matthews, McGill, Leventis, Ritchie, Hutto,
Elliott, Moore, Ford, Land, Scott, Williams, Malloy, Pinckney,
Patterson, Anderson, Grooms and Rankin: A JOINT RESOLUTION
TO CREATE THE I-95 CORRIDOR ECONOMIC POTENTIAL
BLUE RIBBON STUDY COMMITTEE TO STUDY THE
POTENTIAL FOR FURTHER ECONOMIC DEVELOPMENT OF

                                  4273
                  WEDNESDAY, MAY 25, 2005

THE I-95 CORRIDOR THROUGH THIS STATE AND TO MAKE
RECOMMENDATIONS TO THE GOVERNOR AND GENERAL
ASSEMBLY.

              S. 801--ORDERED TO THIRD READING
  On motion of Rep. LEACH, with unanimous consent, the following
Joint Resolution was taken up for immediate consideration:

  S. 801 -- Senators Matthews, McGill, Leventis, Ritchie, Hutto,
Elliott, Moore, Ford, Land, Scott, Williams, Malloy, Pinckney,
Patterson, Anderson, Grooms and Rankin: A JOINT RESOLUTION
TO CREATE THE I-95 CORRIDOR ECONOMIC POTENTIAL
BLUE RIBBON STUDY COMMITTEE TO STUDY THE
POTENTIAL FOR FURTHER ECONOMIC DEVELOPMENT OF
THE I-95 CORRIDOR THROUGH THIS STATE AND TO MAKE
RECOMMENDATIONS TO THE GOVERNOR AND GENERAL
ASSEMBLY.

  The Joint Resolution was read second time and ordered to third
reading.

               REPORT OF STANDING COMMITTEE
   Rep. COBB-HUNTER, from the Orangeburg Delegation, submitted
a favorable report on:

  S. 746 -- Senators Matthews and Hutto: A BILL TO ABOLISH THE
ORANGEBURG COUNTY BOARD OF VOTER REGISTRATION
AND THE ORANGEBURG COUNTY ELECTION COMMISSION
AND TO CREATE THE ORANGEBURG COUNTY BOARD OF
ELECTION AND REGISTRATION.

              S. 746--ORDERED TO THIRD READING
   On motion of Rep. COBB-HUNTER, with unanimous consent, the
following Bill was taken up for immediate consideration:

 S. 746 -- Senators Matthews and Hutto: A BILL TO ABOLISH THE
ORANGEBURG COUNTY BOARD OF VOTER REGISTRATION
AND THE ORANGEBURG COUNTY ELECTION COMMISSION




                              4274
                    WEDNESDAY, MAY 25, 2005

AND TO CREATE THE ORANGEBURG COUNTY BOARD OF
ELECTION AND REGISTRATION.

  The Bill was read second time and ordered to third reading.

              REPORTS OF STANDING COMMITTEE
  Rep. LEACH, from the Committee on Invitations and Memorial
Resolutions, submitted a favorable report on:

  S. 553 -- Senator Hawkins: A CONCURRENT RESOLUTION
REQUESTING THE CONGRESS OF THE UNITED STATES TO
ENACT NO INCREASES IN PAYROLL TAXES, NO CUTS TO
SOCIAL SECURITY BENEFITS, AND OPTIONAL SOCIAL
SECURITY PERSONAL RETIREMENT ACCOUNTS.
  Ordered for consideration tomorrow.

  Rep. LEACH, from the Committee on Invitations and Memorial
Resolutions, submitted a favorable report on:

  S. 860 -- Senator McConnell: A CONCURRENT RESOLUTION
TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO
NAME THE TWO TOWERS OF THE NEW ARTHUR RAVENEL
BRIDGE IN CHARLESTON AS THE "JOHN P. GRACE TOWER"
AND THE "SILAS N. PEARMAN TOWER" RESPECTIVELY IN
HONOR OF THE MEN FOR WHOM THE TWO OLD BRIDGES
THAT WILL BE REPLACED BY THE ARTHUR RAVENEL
BRIDGE WERE NAMED AND TO REQUEST THE DEPARTMENT
TO ERECT MARKERS OR SIGNS AT THE APPROPRIATE
PLACES REFLECTING THIS DESIGNATION.
  Ordered for consideration tomorrow.

  Rep. LEACH, from the Committee on Invitations and Memorial
Resolutions, submitted a favorable report on:

  S. 878 -- Senator Peeler: A CONCURRENT RESOLUTION TO
REQUEST THAT THE DEPARTMENT OF TRANSPORTATION
NAME THE BRIDGE THAT CROSSES BIG THICKETY CREEK
ALONG UNITED STATES HIGHWAY 29 IN CHEROKEE
COUNTY THE "CARLISLE GUEST MEMORIAL BRIDGE" AND
TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS


                                 4275
                     WEDNESDAY, MAY 25, 2005

BRIDGE THAT CONTAIN THE WORDS "CARLISLE GUEST
MEMORIAL BRIDGE".
 Ordered for consideration tomorrow.

                     INTRODUCTION OF BILLS
   The following Bills were introduced, read the first time, and referred
to appropriate committees:

  H. 4199 -- Rep. J. H. Neal: A BILL TO AMEND THE CODE OF
LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-
11-970 SO AS TO PROVIDE THAT WHEN FUNDS ARE
APPROPRIATED BY THE GENERAL ASSEMBLY FOR MERIT
OR PERFORMANCE PAY INCREASES FOR STATE
EMPLOYEES, EMPLOYEES COMPENSATED AT THE TOP OF
THE APPLICABLE PAY BAND ARE ELIGIBLE FOR MERIT OR
PERFORMANCE PAY RAISES WITHOUT REGARD TO THAT
TOP LIMIT.
  Referred to Committee on Ways and Means

   H. 4209 -- Reps. Barfield, Bingham, Hinson, Clark, Toole, Huggins,
Pinson, Leach, Vaughn, Bowers, Hosey, Rhoad, Viers, Miller, Cato,
Vick, Altman, Anderson, Bailey, Battle, G. Brown, Ceips, Chellis,
Clemmons, Delleney, Duncan, Emory, Hamilton, Hardwick, Haskins,
Hayes, Herbkersman, Jefferson, Littlejohn, Lucas, McGee, J. H. Neal,
J. M. Neal, Neilson, Owens, M. A. Pitts, Rice, Sandifer, Sinclair,
D. C. Smith, G. M. Smith, G. R. Smith, Taylor, White, Whitmire,
Witherspoon and Young: A BILL TO AMEND THE CODE OF
LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-
6-95 SO AS TO PROVIDE THAT MEDICAID BENEFITS MAY
NOT BE PROVIDED TO AN INDIVIDUAL FOR ERECTILE
DYSFUNCTION MEDICATION WHO HAS BEEN CONVICTED
OF A SEXUALLY VIOLENT OFFENSE AND TO PROVIDE AN
EXCEPTION FOR OTHER MEDICAL CONDITIONS.
   Referred to Committee on Ways and Means

  H. 4210 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-21-4020,
AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO CLASSES OF BINGO LICENSES, SO AS TO
LIMIT GROSS PROCEEDS FOR A CLASS C BINGO GAME TO
ONE HUNDRED THOUSAND DOLLARS A CALENDAR
QUARTER, TO REQUIRE PAYMENT OF TAX AND

                                   4276
                   WEDNESDAY, MAY 25, 2005

APPLICATION FOR A CLASS B LICENSE IF THE GROSS
PROCEEDS EXCEED THAT AMOUNT IN ANY QUARTER, AND
TO PROVIDE THAT IF AN OPERATOR HAS BEEN GRANTED A
CLASS C LICENSE TO OPERATE BINGO GAMES FOR A
NONPROFIT ORGANIZATION, ANOTHER CLASS C LICENSE
MAY NOT BE GRANTED TO THAT OPERATOR IF HE APPLIES
FOR     A      LICENSE     WITH      ANOTHER NONPROFIT
ORGANIZATION UNTIL SIX MONTHS HAS ELAPSED FROM
THE APPLICATION OF THIS LICENSE TO OPERATE BINGO
GAMES FOR ANOTHER NONPROFIT ORGANIZATION; AND TO
AMEND SECTION 12-21-4210, AS AMENDED, RELATING TO
SALE OR TRANSFER OF BINGO CARDS, SO AS TO PROVIDE
FOR A DEPARTMENT AUDIT OF A LICENSEE CONVERTING
FROM A CLASS C TO A CLASS B LICENSE TO DETERMINE
THE TAX OWED.
  Referred to Committee on Ways and Means

  H. 4211 -- Reps. Miller and Anderson: A BILL TO AMEND THE
CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
SECTION 50-11-35 SO AS TO PROVIDE THAT IT IS UNLAWFUL
TO HUNT MIGRATORY WATERFOWL IN GEORGETOWN
COUNTY IN CERTAIN PORTIONS OF MURRELL'S INLET
CREEK WITHIN THREE HUNDRED YARDS OF A RESIDENCE
WITHOUT WRITTEN PERMISSION OF THE OWNER AND
OCCUPANT, AND TO PROVIDE PENALTIES FOR VIOLATION.
  Referred to Committee on Agriculture, Natural Resources and
Environmental Affairs

                      HOUSE RESOLUTION
  The following was introduced:

 H. 4200 -- Rep. Perry: A HOUSE RESOLUTION TO HONOR
AND RECOGNIZE THE LONG AND EXEMPLARY LIFE OF MR.
DALE A. LOSEY, SR., OF AIKEN ON THE OCCASION OF HIS
ONE HUNDRED SECOND BIRTHDAY AND TO WISH HIM THE
VERY BEST ON THIS HAPPY OCCASION.

  The Resolution was adopted.




                                4277
                   WEDNESDAY, MAY 25, 2005

                      HOUSE RESOLUTION
  The following was introduced:

  H. 4201 -- Rep. Townsend: A HOUSE RESOLUTION
EXPRESSING THE GRATITUDE AND APPRECIATION OF THE
MEMBERS OF THE HOUSE OF REPRESENTATIVES TO MRS.
MELANIE HAHN, MEDIA SPECIALIST FOR BELTON-HONEA
PATH ELEMENTARY SCHOOL, FOR HER EXEMPLARY
PUBLIC SERVICE TO BELTON-HONEA PATH ELEMENTARY
AND TO THE CITIZENS OF THE STATE OF SOUTH CAROLINA,
AND EXTENDING TO HER VERY BEST WISHES IN ALL HER
FUTURE ENDEAVORS.

  The Resolution was adopted.

                      HOUSE RESOLUTION
  The following was introduced:

  H. 4202 -- Rep. Townsend: A HOUSE RESOLUTION
EXPRESSING THE GRATITUDE AND APPRECIATION OF THE
MEMBERS OF THE HOUSE OF REPRESENTATIVES TO MR.
CHARLES LEWIS, ASSISTANT PRINCIPAL AT BELTON-
HONEA PATH HIGH SCHOOL, FOR HIS EXEMPLARY CAREER
IN EDUCATION AND PUBLIC SERVICE TO THE CITIZENS OF
THE STATE OF SOUTH CAROLINA, AND EXTEND TO HIM
VERY BEST WISHES FOR A LONG AND FULFILLING
RETIREMENT.

  The Resolution was adopted.

                 CONCURRENT RESOLUTION
  The following was introduced:

   H. 4203 -- Reps. Hosey, Agnew, Allen, Altman, Anderson, Anthony,
Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady,
Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips,
Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter,
Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan,
Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton,
Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman,
J. Hines, M. Hines, Hinson, Hiott, Howard, Huggins, Jefferson,

                                4278
                    WEDNESDAY, MAY 25, 2005

Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis,
Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill,
Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman,
Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts,
Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill,
Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith,
J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor,
Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers,
Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and
Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND
COMMEND MS. JANNIE M. HARRIOT, EXECUTIVE DIRECTOR
OF THE ALLENDALE COUNTY FIRST STEPS PARTNERSHIP,
FOR HER DISTINGUISHED CAREER OF PUBLIC SERVICE
UPON THE OCCASION OF HER RETIREMENT, AND TO
EXTEND TO HER BEST WISHES FOR A HAPPY AND
ENJOYABLE RETIREMENT.

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

                 CONCURRENT RESOLUTION
  The following was introduced:

  H. 4204 -- Reps. Scott, Huggins, Agnew, Allen, Altman, Anderson,
Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers,
Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato,
Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-
Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney,
Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley,
Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes,
Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard,
Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse,
Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee,
McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal,
Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson,
E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer,
Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith,
G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith,
Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp,
Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White,
Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT

                                  4279
                  WEDNESDAY, MAY 25, 2005

RESOLUTION TO RECOGNIZE AND COMMEND ONE OF
SOUTH CAROLINA'S MOST OUTSTANDING EDUCATORS, MR.
GERALD WITT, FOR AN EXEMPLARY CAREER AS A
TEACHER AND PRINCIPAL UPON THE OCCASION OF HIS
RETIREMENT AS PRINCIPAL OF IRMO HIGH SCHOOL AND TO
EXTEND TO HIM BEST WISHES IN ALL OF HIS FUTURE
ENDEAVORS.

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

                 CONCURRENT RESOLUTION
  The following was introduced:

  H. 4205 -- Rep. Anthony: A CONCURRENT RESOLUTION TO
REQUEST THAT THE DEPARTMENT OF TRANSPORTATION
NAME THE BRIDGE ALONG SOUTH CAROLINA HIGHWAY
215 THAT CROSSES THE CSX RAILROAD TRACKS IN UNION
COUNTY THE "LOUIE JACOB DEHART MEMORIAL BRIDGE"
AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS
BRIDGE THAT CONTAIN THE WORDS "LOUIE JACOB
DEHART MEMORIAL BRIDGE".
  The Concurrent Resolution was ordered referred to the Committee
on Invitations and Memorial Resolutions.

                 CONCURRENT RESOLUTION
  The following was introduced:

  H. 4206 -- Reps. Scarborough, Limehouse, Vick, Chellis, Pinson,
Rivers, Battle, Chalk, Coleman, Delleney, Harrison and Viers: A
CONCURRENT         RESOLUTION       TO     RECOGNIZE        AND
CONGRATULATE THE CITADEL FOOTBALL TEAM OF 1960
FOR ITS OUTSTANDING SEASON AND TANGERINE BOWL
VICTORY, AND TO HONOR THE EXCEPTIONAL PLAYERS
AND COACH EDDIE TEAGUE.

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




                               4280
                    WEDNESDAY, MAY 25, 2005

                 CONCURRENT RESOLUTION
  The following was introduced:

  H. 4207 -- Reps. Walker, D. C. Smith, Lee, Davenport, Littlejohn,
Talley, Sinclair, Mahaffey and Anthony: A CONCURRENT
RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE
MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH
OF DR. TIMOTHY PAUL BURRELL OF SPARTANBURG ON
MAY 20, 2005, AND TO CONVEY THE DEEPEST SYMPATHY
TO HIS FAMILY AND MANY FRIENDS.

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

                 CONCURRENT RESOLUTION
  The following was introduced:

   H. 4208 -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony,
Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady,
Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips,
Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter,
Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan,
Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton,
Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman,
J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson,
Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis,
Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill,
Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman,
Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts,
Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill,
Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith,
J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor,
Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers,
Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and
Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND
COMMEND MR. GEORGE GINTOLI FOR HIS SERVICE AS
DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF
MENTAL HEALTH SINCE JANUARY 2001, AND TO WISH HIM




                                 4281
                   WEDNESDAY, MAY 25, 2005

CONTINUED SUCCESS AS HE PURSUES NEW CAREER
OPPORTUNITIES IN THE STATE OF FLORIDA.

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

                   CONCURRENT RESOLUTION
  The Senate sent to the House the following:

  S. 867 -- Senator Cromer: A CONCURRENT RESOLUTION TO
REQUEST THAT THE DEPARTMENT OF TRANSPORTATION
NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 219 IN
NEWBERRY COUNTY FROM OXNER ROAD (ROAD S-36-611)
TO UNITED STATES HIGHWAY 176 AS "JERRY ALEWINE
MEMORIAL HIGHWAY" IN MEMORY OF JERRY M. ALEWINE,
WHO SERVED THE COUNTY OF NEWBERRY AND THE STATE
OF SOUTH CAROLINA WITH DISTINCTION AS A MEMBER OF
THE NEWBERRY COUNTY COUNCIL, AS BOARD CHAIRMAN
OF THE NEWBERRY COUNTY MEMORIAL HOSPITAL, AND AS
A MEMBER OF THE NEWBERRY COUNTY TRANSPORTATION
COMMITTEE AND TO REQUEST THE DEPARTMENT OF
TRANSPORTATION TO ERECT APPROPRIATE SIGNS OR
MARKERS REFLECTING THIS DESIGNATION.
  The Concurrent Resolution was ordered referred to the Committee
on Invitations and Memorial Resolutions.

                   CONCURRENT RESOLUTION
  The Senate sent to the House the following:

  S. 886 -- Senator Matthews: A CONCURRENT RESOLUTION TO
RECOGNIZE AND COMMEND MRS. JACQUELINE G. JENKINS,
DIRECTOR OF THE DORCHESTER COUNTY DEPARTMENT OF
SOCIAL SERVICES FOR A DISTINGUISHED CAREER OF
PUBLIC SERVICE ON THE OCCASION OF HER RETIREMENT,
AND TO EXTEND TO HER EVERY BEST WISH FOR A HAPPY
AND ENJOYABLE RETIREMENT.

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



                                 4282
                    WEDNESDAY, MAY 25, 2005

                   CONCURRENT RESOLUTION
  The Senate sent to the House the following:

  S. 895 -- Senator Lourie: A CONCURRENT RESOLUTION TO
CELEBRATE AND REMEMBER THE WONDERFUL LIFE AND
WORK OF MS. JUDIE FRANCIS OF COLUMBIA AND TO
HONOR HER MEMORY AND CONTRIBUTIONS TO OTHERS.

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

                      HOUSE RESOLUTION
  The following was introduced:

   H. 4212 -- Reps. Hagood, Agnew, Allen, Altman, Anderson,
Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers,
Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato,
Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-
Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney,
Duncan, Edge, Emory, Frye, Funderburk, Govan, Haley, Hamilton,
Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman,
J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson,
Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis,
Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill,
Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman,
Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts,
Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill,
Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith,
J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor,
Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers,
Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and
Young: A HOUSE RESOLUTION HONORING ROY WILLIAMS III
OF CHARLESTON COUNTY FOR HIS DISTINGUISHED CAREER
AS AN EDUCATOR AND FOR HIS DEDICATION TO THE
HISTORICAL PRESERVATION OF THE LOWCOUNTRY OF
SOUTH CAROLINA.

  The Resolution was adopted.

  Rep. GOVAN moved that the House do now adjourn, which was
agreed to.

                                  4283
                   WEDNESDAY, MAY 25, 2005

                         MOTION NOTED
  Rep. LEACH moved to reconsider the vote whereby Veto No. 51
was overridden and the motion was noted.

                          MOTION NOTED
  Rep. BALLENTINE moved to reconsider the vote whereby Veto
No. 44 was sustained and the motion was noted.

                          MOTION NOTED
  Rep. HARRELL moved to reconsider the vote whereby Veto No. 81
was sustained and the motion was noted.

                          MOTION NOTED
  Rep. SCOTT moved to reconsider the vote whereby Veto No. 105
was sustained and the motion was noted.

                          MOTION NOTED
  Rep. J. E. SMITH moved to reconsider the vote whereby Veto No.
119 was sustained and the motion was noted.

                          MOTION NOTED
  Rep. PINSON moved to reconsider the vote whereby Veto No. 141
was sustained and the motion was noted.

                          MOTION NOTED
  Rep. WHITE moved to reconsider the vote whereby Veto No. 148
was sustained and the motion was noted.

               RETURNED WITH CONCURRENCE
  The Senate returned to the House with concurrence the following:

  H. 4167 -- Rep. Bales: A CONCURRENT RESOLUTION TO
OFFER THE WARMEST CONGRATULATIONS TO MR. AND
MRS. MARION B. "MUTT" SKIPPER OF COLUMBIA ON THE
OCCASION      OF    THEIR    TWENTY-FIFTH  WEDDING
ANNIVERSARY AND TO EXTEND TO THEM EVERY GOOD
WISH FOR SUCCESS, HEALTH, AND CONTINUED HAPPINESS
IN THE YEARS TO COME.

  H. 4170 -- Rep. Walker: A CONCURRENT RESOLUTION TO
EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF

                                 4284
                   WEDNESDAY, MAY 25, 2005

THE GENERAL ASSEMBLY TO THE FAMILY AND MANY
FRIENDS OF MR. JOHN FLOYD LAWRENCE OF LANDRUM,
FORMER EDITOR AND MANAGER OF THE "LANDRUM NEWS
LEADER", AND ONE OF LANDRUM'S MOST RESPECTED
CITIZENS, UPON HIS DEATH.

  H. 4180 -- Reps. Merrill, Hinson, Dantzler and Umphlett: A
CONCURRENT RESOLUTION TO CONGRATULATE THE
BISHOP ENGLAND HIGH SCHOOL GIRLS TRACK AND FIELD
TEAM OF CHARLESTON ON ITS IMPRESSIVE CLASS AA
STATE CHAMPIONSHIP TITLE AND TO HONOR THE PLAYERS
AND THEIR COACHES ON ANOTHER EXTRAORDINARY
SEASON.

  H. 4181 -- Reps. Hayes and Jefferson: A CONCURRENT
RESOLUTION CONGRATULATING THE PEE DEE INDIAN
NATION OF UPPER SOUTH CAROLINA ON RECEIVING THE
HIGH HONOR ON BEING RECOGNIZED AS A "TRIBE" BY THE
SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS.

  H. 4182 -- Reps. Hayes and Jefferson: A CONCURRENT
RESOLUTION CONGRATULATING THE EASTERN CHEROKEE,
SOUTHERN IROQUOIS, AND UNITED TRIBES OF SOUTH
CAROLINA ON THE DISTINCTION OF THEIR RECOGNITION
AS A "GROUP" BY THE SOUTH CAROLINA COMMISSION FOR
MINORITY AFFAIRS.

  H. 4183 -- Reps. Hayes and Jefferson: A CONCURRENT
RESOLUTION CONGRATULATING THE WACCAMAW INDIAN
PEOPLE ON RECEIVING THE HIGH HONOR OF BEING
RECOGNIZED AS A "TRIBE" BY THE SOUTH CAROLINA
COMMISSION FOR MINORITY AFFAIRS.

  H. 4184 -- Reps. Hayes and Jefferson: A CONCURRENT
RESOLUTION CONGRATULATING THE WASSAMASAW TRIBE
OF VARNERTOWN INDIANS ON THE DISTINCTION OF ITS
RECOGNITION AS A "GROUP" BY THE SOUTH CAROLINA
COMMISSION FOR MINORITY AFFAIRS.

  H. 4185 -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony,
Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady,

                                4285
                    WEDNESDAY, MAY 25, 2005

Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips,
Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter,
Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan,
Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton,
Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman,
J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson,
Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis,
Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill,
Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman,
Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts,
Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill,
Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith,
J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor,
Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers,
Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and
Young: A CONCURRENT RESOLUTION TO COMMEND MS.
MARCI ANDINO, EXECUTIVE DIRECTOR OF THE SOUTH
CAROLINA ELECTION COMMISSION, FOR ASSISTING THE
GENERAL ASSEMBLY WITH THE DRAFTING AND ADOPTING
OF LEGISLATION THAT COMPLIES WITH THE MANDATES OF
THE UNITED STATES CONGRESS' HELP AMERICA VOTE ACT,
AND TO MAKE SOUTH CAROLINA A NATIONAL LEADER IN
THE AREAS OF VOTER REGISTRATION AND CONDUCTING
FAIR AND IMPARTIAL ELECTIONS.

   H. 4186 -- Reps. Parks, Agnew, Allen, Altman, Anderson, Anthony,
Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady,
Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips,
Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter,
Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan,
Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton,
Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman,
J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson,
Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis,
Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill,
Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman,
Ott, Owens, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad,
Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill,
Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith,
J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor,
Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers,

                                 4286
                    WEDNESDAY, MAY 25, 2005

Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and
Young: A CONCURRENT RESOLUTION RECOGNIZING AND
HONORING MORRIS CHAPEL BAPTIST CHURCH OF
GREENWOOD COUNTY ON THE JOYFUL OCCASION OF ITS
ONE HUNDRED FORTIETH ANNIVERSARY, AND WISHING
THE PASTOR AND CHURCH MEMBERS A BRIGHT FUTURE
AND MANY MORE YEARS OF SUCCESS, HAPPINESS, AND
ACHIEVEMENTS.

   H. 4187 -- Reps. G. Brown, Agnew, Allen, Altman, Anderson,
Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers,
Brady, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chalk,
Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman,
Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory,
Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick,
Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines,
M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson,
Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis,
Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill,
Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman,
Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts,
Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill,
Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith,
J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor,
Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers,
Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and
Young: A CONCURRENT RESOLUTION TO CONGRATULATE
THE LEE CENTRAL HIGH SCHOOL LADY STALLIONS GIRLS
BASKETBALL TEAM OF LEE COUNTY ON ITS IMPRESSIVE
STATE AA BASKETBALL CHAMPIONSHIP TITLE AND TO
HONOR ITS PLAYERS AND THEIR COACH, DOROTHY
FORTUNE, ON ANOTHER EXTRAORDINARY SEASON.

  H. 4197 -- Reps. Martin, Agnew, Allen, Altman, Anderson,
Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers,
Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato,
Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-
Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney,
Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley,
Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes,
Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard,

                                  4287
                     WEDNESDAY, MAY 25, 2005

Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse,
Littlejohn, Loftis, Lucas, Mack, Mahaffey, McCraw, McGee, McLeod,
Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson,
Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts,
M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough,
Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith,
G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley,
Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick,
Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins,
Witherspoon and Young: A CONCURRENT RESOLUTION TO
CONGRATULATE THE SOUTH CAROLINA EDUCATIONAL
TELEVISION FOR PROVIDING QUALITY TELEVISION AND
RADIO PROGRAMMING TO RESIDENTS OF THE PALMETTO
STATE FOR ALMOST FIFTY YEARS, AND FOR PROVIDING
LIVE COVERAGE OF THE PROCEEDINGS OF BOTH
CHAMBERS OF THE GENERAL ASSEMBLY SINCE 1999.

                        ADJOURNMENT
   At 6:00 p.m. the House, in accordance with the motion of Rep.
LOFTIS, adjourned in memory of Oney Jaynes of Greenville, to meet
at 10:00 a.m. tomorrow.
                                ***




                                   4288

				
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