house journal for june 29, 2011 - south carolina ... · web viewparker. parks. pinson. pitts ......

Wednesday, June 29, 2011(Statewide Session)

Indicates Matter StrickenIndicates New Matter

The House assembled at 10:00 a.m.Deliberations were opened with prayer by Rev. Lester P. Branham as

follows:

One of my favorite verses in the Bible is Psalm 37:4: "Delight yourself in the Lord and he will fulfill the desires of your heart.” A looser translation and more meaningful to me is: “Delight yourself in the Lord and he will fix your ‘wanter’.”

Let us pray. Father, thank You for this good day. Thank You for the opportunity You give us to serve Your people and we take that seriously. We ask You to fix our wanters so that we desire the right things. Bless our Nation, our State, leadership, and all of us who strive to make this a better place to live. Thank You for Your forgiveness, Your love, and Your grace. In His name we pray. Amen.

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

After corrections to the Journal of the proceedings of Wednesday, June 22, the SPEAKER ordered it confirmed.

MOTION ADOPTEDRep. COBB-HUNTER moved that when the House adjourns, it

adjourn in memory of her mother, Nina C. Walker Cobb of Gifford, Florida, which was agreed to.

COMMUNICATIONThe following was received:

STATE OF SOUTH CAROLINAOFFICE OF THE GOVERNOR

June 28, 2011The Honorable Robert W. Harrell, Jr.Speaker of the House of Representatives

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Wednesday, June 29, 2011(Statewide Session)

506 Blatt BuildingColumbia, South Carolina 29201

Dear Mr. Speaker and Members of the House,We are line-item vetoing portions of H. 3700, R. 106, the Fiscal

Year (FY) 2011-2012 General Appropriation Bill. We appreciate the cooperation of the General Assembly thus far.

Our number one goal should be to learn from the past and avoid repeating mistakes related to spending that put South Carolina government in turmoil over the last four years. Our country and state’s economy is not out of the woods yet. We strongly believe that, if we sustain the vetoes and live within a reasonable cap on spending, we will establish a firm footing and new mindset of government working for the people and not the people working for their government.

As we travel this State, the sentiment we hear from small business owners and individuals about state government spending is clear – “Don’t spend all the money.” What they are saying is don’t repeat the process that took us from a $5 billion general fund budget in 2003 to a $7 billion general fund budget in 2007 and back to a $5.4 billion budget in 2010. What they want is for government spending to be more predictable. For too long, we have budgeted based on how much new money there is and we must change that approach.

This year and going forward, we are asking that a year-over-year spending growth cap of CPI plus population growth be used as a ceiling for spending. Applying this cap to the current year expenditure base of $5,416,802,158 results in an allowable FY 2011-2012 expenditure of $5,678,433,702 through the General Appropriation Bill.

FY 2010-2011

General Assembly

FY 2011-2012

Spending Cap Difference

General Fund

$ 5,416,802,158

$ 5,754,074,608

$ 5,678,433,702

$ 75,640,905

CPI 3.40% Haley Veto 5594

WEDNESDAY, JUNE 29, 2011

Administration Savings

Avg.Pop. Growth 1.43%

$ 5,648,416,751

$ 105,657,857.00

Total Cap 4.83%

This year’s cap of 4.83 percent was calculated by adding the average compound population growth rate from 2000 to 2010 of 1.43 percent to the April 2010 to April 2011 Southern Regional CPI of 3.4 percent.

Given the limit stated above, the General Assembly in the FY 2011-2012 General Appropriation Bill spent $5,754,074,608, which is $75,640,905 over the allowable cap. Again, this cap should be used as a ceiling and not exceeded. All additional dollars above the cap should be for taxpayer relief, for managing our state’s obligations, or held in reserve.

What follows is a list of line-item vetoes that reduces the coming year’s appropriation to meet the constraints of this cap. In addition, you will see we have also vetoed the Capital Reserve Fund Bill that spends reserve funds that should be set aside as they were last year, (explained further in veto message to H. 3701). We hope to use next year’s Executive Budget to address structural changes that will more accurately reflect spending priorities and resource requirements of agencies and programs.

We have a great opportunity to show the people of South Carolina that we are committed to being good stewards of their dollars. The actions that you take on these vetoes can set a new tone for our State. We respectfully ask you to join us in making these cuts as we move forward in strengthening our economy, our State, and returning confidence in government to the people of South Carolina.

I. PART IA FUNDING

VETO 1 Part IA, Section 1; Page 2; Department of Education; V. Standards and Learning; Special Items; SAT Improvement; $169,487.

Nothing – including this veto – prevents school districts from developing programs to help students improve their scores on standardized college admissions tests. Funding for this statewide

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initiative has already been suspended by Proviso 1.92. We are vetoing this line to prevent these funds from being used to support more unnecessary government programs.

VETO 2 Part IA, Section 1; Page 2; Department of Education; V. Standards and Learning; Special Items; High Schools That Work; $1,403,145.

This program – one of many implemented by the Education and Economic Development Act – is intended to assess and improve transition from high school to college. This effort is duplicated many times over in high school and college-level programs like guidance counseling services which are offered in every high school in the State.

VETO 3 Part IA, Section 1; Page 10; Department of Education; XIII. Aid to School Districts; A. Aid to School Districts; Special Items; ETV - K-12 Teacher Training; $4,829,281.

VETO 4 Part IA, Section 50; Page 175; Law Enforcement Training Council; I. Administration; Special Item; ETV-State & Local Training of Law Enforcement; $574,244.

As indicated in my State of the State address, ETV provides services that could be funded through private support or bid out competitively. While we applaud the General Assembly for directing the revenue earned by state-owned assets managed by ETV back to the agency, we believe that ETV should develop a sustainable model that does not involve General Fund appropriations. We have indicated this to ETV's leadership, and have appointed a board that will assist updating ETV's business model to take them off of dependence on General Fund dollars.

VETO 5 Part IA, Section 2; Page 14; Lottery Expenditure Account; I. Lottery Expenditure Account; Special Items; Unclaimed Prizes; $12,400,000.

In coordination with the Department of Education and the appropriate legislative officials, we are already investigating the privatization of our state-run school bus system. We are vetoing this line because the State should not purchase new vehicles now for a fleet of school buses that we would likely sell to a network of new providers

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as part of a privatization effort. The bottom line is that the State of South Carolina does not need to be in the business of running a bus system. Our time, dollars, and focus need to be on educating our children.

VETO 6 Part IA, Section 6; Page 25; Commission on Higher Education; I. Administration; Special Items; Greenville Technical College – University Center; $594,390.

VETO 7 Part IA, Section 6; Page 25; Commission on Higher Education; I. Administration; Special Items; University Center of Greenville - Operations; $1,084,899.

VETO 8 Part IA, Section 6; Page 25; Commission on Higher Education; I. Administration; Special Items; Lowcountry Graduate Center; $785,099.

We are vetoing funds for these higher education centers because these facilities duplicate existing programs and services. Students currently have access to similar programs at these universities’ main campuses and, in many cases, online. If participating institutions see the need for this delivery method, they should fund it using their existing resources.

VETO 9 Part IA, Section 6; Page 25; Commission on Higher Education; I. Administration; Special Items; NFTE; $118,297.

Trying to teach enthusiasm for entrepreneurship to South Carolina youth through a non-profit organization is not how we should be spending state education dollars. Instead of teaching them entrepreneurship, we need to do a better a job of teaching South Carolina children math and science. We are vetoing this item because it should be funded by private-sector dollars.

VETO 10 Part IA, Section 6; Page 25; Commission on Higher Education; II. Service Programs; Special Items; EPSCOR; $40,329.

As the state’s primary research universities traditionally spend 10 to 15 percent of their budgets in any given year on research, we believe a program designed to promote competitive research in higher education is redundant.

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VETO 11 Part IA, Section 6; Page 27; Commission on Higher Education; V. Total Higher Education Awareness Program; $179,856.

This program allocates resources to make 8th grade students and their families aware of college to promote attendance to an institution of higher education. This is duplicative of services offered by school districts across the State, including basic guidance counseling. Further, each university in the State – public or private – has aggressive recruiting and marketing programs.

VETO 12 Part IA, Section 15A; Page 44; University of South Carolina; I. University of South Carolina; A. USC - Non-Medicine; Special Items; Small Business Development Center; $491,734.

We are vetoing the University of South Carolina's Small Business Development Center, because this program is not central to the university’s mission and duplicates services already offered by the South Carolina Department of Commerce and the U.S. Small Business Administration.

VETO 13 Part IA, Section 17B; 5; Area Health Education Consortium; I. Consortium; A. General; Total Funds $5,476,127; General Funds $3,582,260.

This veto does not remove the AHEC funds dedicated to programs that train physicians and introduce them into rural areas. We are vetoing the parts of AHEC that focus on duties that can be performed by individual program coordinators, other areas of state government, or the private sector.

VETO 14 Part IA, Section 22; Page 85; Department of Health and Environmental Control; II. Programs and Services; F. Health Care Standards; 2. Total Facility/Service Development; Total Funds $6,120,203; General Funds $411,317.

We are vetoing this section of the Department of Health and Environmental Control's budget because it is the funding for the department's Certificate of Need (CON) program. As we all know, the CON process is politics at its worst. Health care decisions should be decided by real community needs, not by Columbia politics.

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VETO 15 Part IA, Section 30; Page 120; Arts Commission; Total Funds $3,605,566; General Funds $1,927,795.

We have said since the beginning of this administration that this budget year was going to be difficult. Our goal in the budget process has always been to alleviate the pain for the State at-large by focusing our dollars on core functions of government. We value the arts, much like we value the Heritage Golf Classic, and like the Heritage, we also know that we have strong private partners that have the ability and the willingness to continue funding the arts. It should not, however, be the responsibility of the taxpayers of this State. Therefore, we veto this line, because it is not a core function of government and largely uses its state funding for administrative and staffing purposes.

VETO 16 Part IA, Section 35; Page 134; Clemson University (Public Service Activities); III. Agricultural Research; Total Funds $15,350,935; General Funds $8,952,812.

According to Clemson University’s FY 2011-2012 budget planning documents, Clemson intends to spend 17.3 percent – $138 million – on research funded by a variety of sources to include state appropriations, grants, and private sources. We are vetoing the Agricultural Research line at the Clemson PSA because we believe that more than adequate resources exist within Clemson University’s current budget to conduct this research.

VETO 17 Part IA, Section 38; Page 146; Sea Grant Consortium; Total Funds $6,929,892; General Funds $327,392.

The Sea Grant Consortium is a cooperative of South Carolina universities focused on obtaining grants for research and education on the topics of coastal and marine conservation. Universities receive enough money to absorb this cost. There is no need for an additional government program that further burdens taxpayers.

VETO 18 VOID

VETO 19 Part IA, Section 54, Page 188, Human Affairs Commission; I. Administration; Personal Service; Classified Positions; $269,759.

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The Human Affairs Commission’s management practices resulted in a deficit in FY 2010-11. The Budget and Control Board responded by offering to move the Commission to state-owned space, and to provide the Commission’s back-office services at no-cost. Unfortunately, these offers were refused. We are therefore vetoing these funds in an attempt to compel the Commission to make the fiscally responsible choice and implement these cost-saving initiatives.

VETO 20 Part IA, Section 80A; Page 253; Budget and Control Board; II. Operations and Executive Training; B. Internal Operations; Special Item; ETV Coverage; $513,269.

I fully support funding to allow Budget and Control Board meetings to be broadcast publicly to further transparency of state government operations. However, as I stated in my State of the State address, these ETV services could be funded through private support or bid out competitively. While I applaud the General Assembly for directing the revenue earned by state-owned assets managed by ETV back to the agency, I believe that ETV should develop a sustainable model that does not involve General Fund appropriations. I have indicated this to ETV's leadership and have appointed a board that will assist in updating ETV's business model to take them off of dependence on General Fund dollars.

VETO 21 Part IA, Section 80A; Page 262; Budget and Control Board; VII. Insurance and Grants Division; C. Office of Local Government; 2. State Revolving Fund; B. Loans; Special Items; Loans; Total Funds $1, 578, 385; General Funds $878,385.

We are vetoing this line-item because there is sufficient cash available in revolving loan accounts to sustain this program for the next fiscal year. This loan provides a cash-match for local and county governments to support infrastructure development using state and federal dollars. Once the project is complete, the loan is repaid and the monies are deposited into an account to fund additional loans. The balance of these accounts is enough to sustain FY 2011-2012 activities, and in these difficult economic times, we cannot afford to leave money on the table that could be used for depleted reserves, debt repayment, or tax relief.

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II. PART IB TEMPORARY PROVISOS

VETO 22 Part IB, Section 6.24; Page 333; Commission on Higher Education: Scholarships Funded from Unclaimed Capital Credits.

VETO 23 Part IB, Section 76.13; Page 414-415; Office of State Treasurer: Economic Development Unclaimed Capital Credits.

These provisos are in direct conflict with existing law, and we are therefore vetoing them. Current law (Act 44 of 2011) exempts certain electric and telephone cooperatives from remitting unclaimed property funds to the State Treasurer. That law requires cooperatives to use those funds for energy efficiency initiatives benefiting customers while these provisos require that those funds be remitted to the State. These vetoes should be sustained to avoid this clear conflict of law and to give cooperatives flexibility to use these funds on the customers who pay for their services.

VETO 24 Part IB, Section 22.48; Page 351; Department of Health and Environmental Control: SCHIDS.

As has been stated time and again, we do not support restructuring by proviso. The South Carolina Health Integrated Data Services is a program established by temporary proviso in 2007 at the Budget and Control Board, Office of Research and Statistics, and is now being transferred to DHEC in the same manner. If this program is needed on an ongoing basis, the program and its location should be dealt with through permanent law, not a one-year proviso.

VETO 25 Part IB, Section 65.10; Page 397; Department of Labor, Licensing and Regulation; South Carolina Emergency Response Task Force/State Urban Search and Rescue Program.

On the advice of Director Catherine Templeton, we are vetoing this item because LLR has identified additional funds to carry out the mission of this important program. We have full faith that the director will ensure this program receives adequate resources and that it does so in a fiscally responsible manner.

VETO 26 Part IB, Section 76.14; Page 415; Office of State Treasurer; Audit Finding Follow-Up.

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Simply put, this proviso is duplicative and contrary to existing South Carolina law. Following up on audits in order to make sure that agencies are taking the necessary steps to save taxpayer dollars is surely a necessary task; however, granting such authority to the Treasurer’s Office is unnecessary, because it already exists with the Legislative Audit Council, State Auditor’s Office, and the Budget and Control Board. In addition, we agree with State Attorney General Alan Wilson that this proviso’s directive to grant the Treasurer the authority to file lawsuits on behalf of the State does not line-up with existing South Carolina law. Currently, this authority lies with the Attorney General alone, and altering such law is contrary to our Constitution, statutes, and common law. As such, we are vetoing this proviso.

VETO 27 Part IB, Section 79.6; Page 418; Election Commission; Primary and General Election Carry Forward.

VETO 28 Part IB, Section 79.12; Page 419; Election Commission; Presidential Preference Primary and Ballot Security.

Prior to 2008, the taxpayers of South Carolina had never funded the First in the South Presidential Primary – instead, the political parties did. As I have made clear throughout the budget process, I believe private dollars are the appropriate way to fund a partisan Presidential Primary. The Attorney General of South Carolina has recognized that the State GOP can contract with the State Election Commission to run the primary. The United States Department of Justice has cleared an election conducted by the Election Commission and funded by a political party. The bottom line is this: South Carolina will host the First in the South Presidential Primary in 2012 and will be as successful as it always has been, but it should not fall on the taxpayers to cover the expense. For these reasons, we are vetoing these provisos.

VETO 29 Part IB, Section 86.10; Page 431; Aid to Subdivisions, State Treasurer; Speed Camera Citations Restriction.

This proviso is unnecessary, because it duplicates a recently enacted law (S.336, Act 65 of 2011). This act prohibits the use of cameras to issue traffic citations, as does this proviso.

VETO 30 Part IB, Section 89.87; Page 458; General Provisions; Conservation Bank Funding LLR.

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VETO 31 Part IB, Section 90.22; Page 476; Statewide Revenue: Excess FY11-12 Revenue – SC Conservation Bank; $2,000,000.

Though well-intentioned, we do not believe that providing additional taxpayer dollars for the Conservation Bank is an appropriate use of our limited state dollars, especially when the agency is receiving funding through an established, statutory funding formula.

VETO 32 Part IB, Section 90.18; Page 472; Statewide Revenue: Nonrecurring Revenue; Item (B)(1)(a) Department of Education – EFA Base Student Cost; $56,174,107.

There are two issues with this line item that move us to veto it. First, we agree with Superintendent Zais that funding the EFA – a recurring expense – with one-time money is an irresponsible way in which to budget. Second, prior to these dollars being allocated by the Senate, South Carolina’s education spending was on-par with most other states. Our issue in education is not how much money we spend, but how we spend it. Our government needs to break the habit of spending money simply because we have it, and these dollars will be far better used when returned to those they truly belong to – the taxpayers of South Carolina.

VETO 33 Part IB, Section 90.18; Page 473; Statewide Revenue: Nonrecurring Revenue; Item (B)(6) Clemson University – PSA; Agency Operations; $250,000.

We are vetoing this line for Clemson PSA operations, because we believe the agency can absorb this reduction through efficiencies in the agency’s current fully funded budget.

VETO 34 Part IB, Section 90.18; Page 473; Statewide Revenue: Nonrecurring Revenue; Item (B)(9) Department of Health and Environmental Control; Donate Life; $100,000.

Donate Life is a private non-profit that promotes organ donation services. This is not an appropriate recipient of general fund dollars; the State of South Carolina already supports organ donation through the Department of Motor Vehicles, and we should not single out one non-profit organization to receive state dollars for this purpose.

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VETO 35 Part IB, Section 90.21; Page 475; Statewide Revenue: Nonrecurring Revenue – Increased Enforcement Collections; Second Item; Department of Education – Education Foundation Supplement; $20,000,000.

We are vetoing this item because it is a “hold harmless” provision for only certain school districts. It is counter-intuitive that the General Assembly spends time and effort to create funding formula reform to avoid funding shortfalls and then creates a secondary funding source for those districts that lose money. We need to move our K-12 funding model to one where the money follows the student.

For these reasons, we are vetoing the aforementioned line-items and provisos in H. 3700, R. 106.

Sincerely,Nikki R. HaleyGovernor

Received as information.



June 28, 2011Mr. Charles F. ReidClerk of the House of Representatives213 Blatt BuildingColumbia, South Carolina 29201

Dear Mr. Reid,Please be advised that the veto letter to H. 3700, R. 106 contains a

typographical error. We ask that you void VETO 18 on Page 6 and address VETO 4 on Page 3, because VETO 18 is an exact duplication of VETO 4.

Thank you for helping correct this mistake.

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June 28, 2011The Honorable Robert W. Harrell, Jr.Speaker of the House of Representatives506 Blatt BuildingColumbia, South Carolina 29201

Dear Mr. Speaker and Members of the House,I am vetoing and returning without my approval H. 3701, R. 107, the

Capital Reserve Appropriation Joint Resolution, in its entirety. My veto of H. 3701 is based on the fundamental premise set out in our state’s Constitution, which requires reserves to be set aside and utilized to cover revenue shortfalls. Accordingly, I am asking that last year’s Capital Reserve funds appropriated through this resolution be held in reserve.

In two of the four most recent fiscal years, the Capital Reserve Fund was needed to offset substantial General Fund shortfalls. We need to replenish and further build on that, leaving these funds unspent and moved to the Contingency Reserve Fund to weather another possible economic downturn. Some may say this action is being overly cautious, but that is not the case. Looking back at the last several years, we have had to institute mid-year budget cuts and furloughs to balance our state’s budget. Therefore, it is clear that the two percent set aside in the current year’s Capital Reserve Fund proved not to be enough in two of the last four years.

To be clear, I am not questioning the merit of many of the projects funded in this Bill – simply that these funds should be held in reserve as we continue in the current budgetary crisis. In addition, I would ask that in January the General Assembly provide a supplemental

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appropriation authorizing funds for our state primary elections scheduled for June 2012.

In the interest of maintaining contingency funds in a manner consistent with prudent planning, I respectfully ask that you sustain this veto.



MESSAGE FROM THE SENATEThe following was received:

Columbia, S.C., Monday, June 27 Mr. Speaker and Members of the House:The Senate respectfully informs your Honorable Body that it has

reconsidered the adoption of the report of the Committee of Conference on S. 172:

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S. 172 -- Senators Rose, Fair, Leatherman, Bright, Bryant, Campsen, Knotts, O'Dell, S. Martin, Ford and McGill: A BILL TO ENACT THE “SOUTH CAROLINA HIGHER EDUCATION EFFICIENCY AND ADMINISTRATIVE POLICIES ACT OF 2011”, BY ADDING SECTION 59-101-670 SO AS TO PROVIDE THAT EACH PUBLIC INSTITUTION OF HIGHER LEARNING MUST MAINTAIN A DETAILED TRANSACTION REGISTER OF ALL FUNDS EXPENDED EACH MONTH AND POST THAT REGISTER ONLINE; BY ADDING SECTION 1-1-1040 SO AS TO PROVIDE THAT ALL STATE AGENCIES MUST HAVE A LINK ON THEIR INTERNET WEBSITE TO THE STATE AGENCY RESPONSIBLE FOR POSTING ON ITS INTERNET WEBSITE THE AGENCY’S, DEPARTMENT’S, OR INSTITUTION’S MONTHLY STATE PROCUREMENT CARD STATEMENTS, TO DIRECT THE BUDGET AND CONTROL BOARD’S STATE OFFICE OF HUMAN RESOURCES TO PARTICIPATE WITH FIVE REPRESENTATIVES SELECTED BY THE RESPECTIVE PRESIDENTS OF THE PUBLIC INSTITUTIONS OF HIGHER LEARNING AND TECHNICAL COLLEGES TO STUDY, DEVELOP, AND RECOMMEND A SEPARATE, COMPREHENSIVE HUMAN RESOURCES SYSTEM FOR THE PUBLIC INSTITUTIONS OF HIGHER LEARNING AND TECHNICAL COLLEGES; TO AMEND SECTION 2-47-50, AS AMENDED, RELATING TO PERMANENT IMPROVEMENT PROJECTS, SO AS TO DEFINE ‘PERMANENT IMPROVEMENT PROJECT’; TO AMEND SECTION 11-35-1210, RELATING TO THE STATE BUDGET AND CONTROL BOARD’S REVIEW OF DOLLAR LIMITS FOR A GOVERNMENTAL BODY’S PROCUREMENT, SO AS TO PROVIDE THAT THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, IN COORDINATION WITH THE APPROPRIATE CHIEF PROCUREMENT OFFICER, MAY APPROVE A CUMULATIVE TOTAL OF UP TO FIFTY THOUSAND DOLLARS IN ADDITIONAL PROCUREMENT AUTHORITY FOR TECHNICAL COLLEGES; TO AMEND SECTION 11-35-1550, RELATING TO BID PROCEDURES, SO AS TO PROVIDE THAT IN CERTAIN SITUATIONS, A PUBLIC INSTITUTION OF HIGHER LEARNING AND TECHNICAL COLLEGE MAY MAKE SMALL PURCHASES NOT EXCEEDING TEN THOUSAND DOLLARS WITHOUT CERTAIN PROVISIONS OF THE PROCUREMENT CODE APPLYING; TO AMEND SECTION 11-

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35-3310, RELATING TO INDEFINITE DELIVERY CONTRACTS, SO AS TO INCREASE CERTAIN DOLLAR LIMITS FOR PUBLIC INSTITUTIONS OF HIGHER LEARNING AND TECHNICAL COLLEGES; TO AMEND SECTION 11-35-4810, RELATING TO COOPERATIVE PURCHASING, SO AS TO EXEMPT PUBLIC INSTITUTIONS OF HIGHER LEARNING FROM THE REQUIREMENT OF THIRTY DAYS’ NOTICE OF A MULTISTATE SOLICITATION IF A COST SAVINGS IS DEMONSTRATED TO THE OFFICE OF STATE PROCUREMENT; TO AMEND SECTION 1-7-170, RELATING TO ENGAGING AN ATTORNEY ON A FEE BASIS, SO AS TO PROVIDE THAT A PUBLIC INSTITUTION OF HIGHER LEARNING SHALL ENGAGE AND COMPENSATE OUTSIDE COUNSEL IN ACCORDANCE WITH POLICIES AND PROCEDURES ADOPTED BY THE STATE BUDGET AND CONTROL BOARD FOR MATTERS OF BONDED INDEBTEDNESS, PUBLIC FINANCE, BORROWING, AND RELATED FINANCIAL MATTERS; BY ADDING SECTION 59-101-55 SO AS TO PROHIBIT STATE APPROPRIATED FUNDS FROM BEING USED TO PROVIDE OUT OF STATE SUBSIDIES TO STUDENTS ATTENDING STATE SUPPORTED INSTITUTIONS OF HIGHER LEARNING; BY ADDING SECTION 59-112-115 SO AS TO PROVIDE THAT WHEN THE GOVERNING BOARD OF A PUBLIC INSTITUTION OF HIGHER LEARNING OR TECHNICAL COLLEGE ADOPTS A CHANGE TO THE TUITION OR FEES IMPOSED ON STUDENTS, THE CHANGE MAY BE IMPLEMENTED ONLY AFTER A PUBLIC VOTE WITH THE NUMBER OF TRUSTEES OR LOCAL AREA COMMISSIONERS VOTING FOR AND AGAINST THE CHANGE BEING COUNTED; BY ADDING SECTION 8-11-162 SO AS TO PROVIDE THAT TECHNICAL COLLEGE PRESIDENTS ARE COVERED BY THE AUTHORITY OF THE AGENCY HEAD SALARY COMMISSION; TO AMEND SECTION 1-11-55, RELATING TO THE LEASING OF REAL PROPERTY FOR GOVERNMENTAL BODIES, SO AS TO PROVIDE THAT A TECHNICAL COLLEGE, WITH THE APPROVAL OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, AND A PUBLIC INSTITUTION OF HIGHER LEARNING, MAY ENTER INTO ANY LEASE AGREEMENT OR RENEW ANY LEASE AGREEMENT UP TO ONE HUNDRED THOUSAND DOLLARS ANNUALLY FOR EACH PROPERTY OR FACILITY WITHOUT NOTIFYING THE OFFICE OF GENERAL

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SERVICES FOR AN INVESTIGATION OF AVAILABLE SPACE; BY ADDING SECTION 59-53-168 SO AS TO AUTHORIZE THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION TO EMPLOY AND ADMINISTER CERTAIN ADMINISTRATIVE EFFICIENCY PROVISIONS, AND TO ESTABLISH AN ADVISORY BOARD; BY ADDING SECTION 59-112-140 SO AS TO ALLOW THE AREA COMMISSION FOR THE FLORENCE DARLINGTON TECHNICAL COLLEGE TO WAIVE CERTAIN REQUIREMENTS FOR STUDENT PARTICIPANTS IN THE CATERPILLAR DEALER ACADEMY OPERATED BY FLORENCE DARLINGTON TECHNICAL COLLEGE; TO AMEND SECTION 2-77-20, RELATING TO THE SOUTH CAROLINA HIGHER EDUCATION EXCELLENCE ENHANCEMENT PROGRAM, SO AS TO REQUIRE THAT ALL THE FUNDS APPROPRIATED TO THE PROGRAM MUST BE ALLOCATED EQUALLY AMONG THE ELIGIBLE INSTITUTIONS; AND TO AMEND SECTION 59-142-40, RELATING TO STUDENTS FIRST FINANCIAL RESOURCES FOR SCHOLARSHIPS AND TUITION, SO AS TO UPDATE REFERENCES AND TO PROVIDE THAT FUNDS FOR THE NEED-BASED GRANT MUST BE ALLOCATED IN A GIVEN YEAR TO INSTITUTIONS USING A METHODOLOGY THAT CONSIDERS STATE RESIDENT PELL GRANT RECIPIENTS SO THAT EACH PUBLIC INSTITUTION SHALL RECEIVE AN AMOUNT SUFFICIENT TO PROVIDE A SIMILAR LEVEL OF SUPPORT PER STATE RESIDENT PELL RECIPIENT WHEN COMPARED TO TUITION AND REQUIRED FEES, BUT THAT NO INSTITUTION SHALL RECEIVE A SMALLER PROPORTION OF FUNDING THAN WOULD BE PROVIDED UNDER THE STUDENT ENROLLMENT METHODOLOGY USED IN YEARS PRIOR TO FISCAL YEAR 2008-2009.

Very respectfully,PresidentReceived as information.


Columbia, S.C., June 27, 2011 Mr. Speaker and Members of the House:

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The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 98, S. 913 by a vote of 1 to 0.

(R98) S. 913 -- Senator Sheheen: A JOINT RESOLUTION TO ESTABLISH THE KERSHAW COUNTY HOUSING AUTHORITY; TO PROVIDE THAT POWERS AND DUTIES OF THE AUTHORITY ARE VESTED IN THE KERSHAW COUNTY HOUSING AUTHORITY COMMISSION AND TO ESTABLISH TERMS FOR THE COMMISSIONERS; TO PROVIDE FOR THE HOUSING AUTHORITY'S FUNCTIONS, RIGHTS, POWERS, DUTIES, AND LIABILITIES; AND TO PROVIDE THAT THE SOUTH CAROLINA STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY SHALL REMAIN THE LOCAL HOUSING AGENCY IN KERSHAW COUNTY FOR THE PURPOSE OF ADMINISTERING THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HOUSING CHOICE VOUCHER PROGRAM.

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Very respectfully,President

R. 98, S. 913--ORDERED PRINTED IN THE JOURNALThe SPEAKER ordered the following Veto printed in the Journal:


June 22, 2011The Honorable Ken ArdPresident of the SenateState House, First Floor, East WingColumbia, South Carolina 29201

Dear Mr. President and Members of the Senate: I am hereby vetoing and returning without my approval S. 913,

R. 98, a Bill creating the Kershaw County Housing Authority.This Bill is unconstitutional. Local legislation like S. 913 violates

the Home Rule provision of our State Constitution (Article VIII, Section 7) which provides that “…[n]o laws for a specific county shall be enacted …” This bill applies only to Kershaw County and does not relate to public education or other acceptable exceptions recognized by law. Additionally, while Article 7, Chapter 3 of Title 31 authorizes the creation of county housing authorities by legislative delegations, this statute was enacted prior to the 1973 adoption of the Home Rule laws; and therefore is likely to be declared unconstitutional. The appropriate authority to create a county housing authority is the county council.

Every member of the General Assembly is expected to vote on all legislation, including local bills. I believe members who fail to vote are supporting the violation of our Constitution. I ask that you stop the practice of passing unconstitutional local legislation and help preserve and protect our State Constitution by sustaining this veto.



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HOUSE RESOLUTIONThe following was introduced:

H. 4393 -- Reps. White, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Vick, Viers, Weeks, Whipper, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO COMMEND THE HONORABLE DANIEL T. COOPER OF ANDERSON COUNTY FOR HIS TWENTY-ONE YEARS OF COMMITTED SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND HIS LEADERSHIP AS CHAIRMAN OF THE HOUSE WAYS AND MEANS COMMITTEE SINCE 2005, AND TO WISH HIM ALL THE BEST IN THE YEARS TO COME.

The Resolution was adopted.


H. 4394 -- Reps. Young, Clyburn, Spires, Hixon, J. R. Smith and Taylor: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE ROBERT A. SMOAK, JR., MASTER-IN-EQUITY FOR AIKEN COUNTY, UPON THE OCCASION OF HIS RETIREMENT FROM THE BENCH, AND TO

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WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.



H. 4395 -- Reps. Young, Clyburn, Hixon, J. R. Smith, Spires and Taylor: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE MINISTRY OF AREA CHURCHES TOGETHER SERVING (ACTS) IN AIKEN COUNTY, AND TO CONGRATULATE THE SIXTY-SIX MEMBER CHURCHES FOR A QUARTER CENTURY OF SERVICE TO THEIR COMMUNITY.



H. 4396 -- Reps. Jefferson, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR DEACON SAMUEL E. MILFORD OF BERKELEY COUNTY FOR HIS MANY YEARS OF OUTSTANDING COMMUNITY SERVICE TO THE PEOPLE OF SOUTH

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CAROLINA, AND TO DESIGNATE NOVEMBER 6, 2011, AS “DEACON SAMUEL E. MILFORD DAY” IN THE PALMETTO STATE.



H. 4397 -- Rep. G. A. Brown: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR DR. ZONA JEFFERSON, SUPERINTENDENT OF SUMTER SCHOOL DISTRICT 17, UPON HER RETIREMENT, TO THANK HER FOR HER THIRTY-NINE YEARS OF DEDICATED SERVICE AS AN EDUCATOR, AND TO WISH HER MUCH FULFILLMENT AND SUCCESS IN ALL HER FUTURE ENDEAVORS.



H. 4400 -- Rep. Limehouse: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR WTMA RADIO PERSONALITY ROCKY "ROCKY D" DISABATO FOR TEN OUTSTANDING YEARS ON THE ROCKY D SHOW, AND TO PROCLAIM AUGUST 31, 2011, AS “ROCKY D DAY” IN SOUTH CAROLINA.



H. 4401 -- Rep. Quinn: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR REAGAN HENDRIX OF LEXINGTON COUNTY UPON HER SELECTION AS A DELEGATE TO PALMETTO GIRLS STATE, AND TO CONGRATULATE HER FOR BEING ELECTED GOVERNOR OF THE 2011 PALMETTO GIRLS STATE.


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CONCURRENT RESOLUTIONThe following was introduced:

H. 4398 -- Reps. Toole, Atwater, Ballentine, Bingham, Frye, Huggins, McLeod, Ott, Quinn and Spires: A CONCURRENT RESOLUTION TO CONGRATULATE CREIGHTON SUMMERS CULVERN OF LEXINGTON COUNTY FOR ACHIEVING THE ELITE RANK OF EAGLE SCOUT AND TO WISH HIM EVERY SUCCESS IN ALL HIS FUTURE ENDEAVORS.

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

CONCURRENT RESOLUTIONThe following was introduced:

H. 4399 -- Rep. Limehouse: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR WTMA RADIO PERSONALITY ROCKY "ROCKY D" DISABATO FOR TEN OUTSTANDING YEARS ON THE ROCKY D SHOW, AND TO PROCLAIM AUGUST 31, 2011, AS “ROCKY D DAY” IN SOUTH CAROLINA.

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

INTRODUCTION OF BILLS The following Bills were introduced, read the first time, and referred

to appropriate committees:

S. 974 -- Senator Pinckney: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF HAMPTON COUNTY SCHOOL DISTRICT NO. 2 TO ISSUE GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT WITHIN ITS CONSTITUTIONAL DEBT LIMIT NOT TO EXCEED ONE MILLION DOLLARS, IN ONE OR MORE SERIES, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.

On motion of Rep. BRANTLEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

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S. 975 -- Senators Pinckney and Matthews: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT WITHIN ITS CONSTITUTIONAL DEBT LIMIT NOT TO EXCEED TWO MILLION FIVE HUNDRED THOUSAND DOLLARS, IN ONE OR MORE SERIES, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.

On motion of Rep. HODGES, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 978 -- Senator Land: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF FLORENCE COUNTY SCHOOL DISTRICT FOUR TO ISSUE GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT WITHIN ITS CONSTITUTIONAL DEBT LIMIT, IN ONE OR MORE SERIES, IN A TOTAL AMOUNT NOT TO EXCEED TWO MILLION FIVE HUNDRED THOUSAND DOLLARS, TO DEFRAY THE LOSS OF EDUCATION FINANCE ACT FUNDS TO THE SCHOOL DISTRICT, TO PRESCRIBE THE CONDITIONS AND REQUIREMENTS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.

Referred to Florence Delegation

ROLL CALLThe roll call of the House of Representatives was taken resulting as

follows:Alexander Allen AllisonAnderson Anthony AtwaterBales Ballentine BannisterBarfield Battle BedingfieldBingham Bowen BradyBranham Brannon BrantleyG. A. Brown R. L. Brown Butler GarrickChumley Clemmons ClyburnCobb-Hunter Cole CooperCorbin Crosby DaningDelleney Dillard Erickson

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Forrester Frye FunderburkGambrell Gilliard GovanHamilton Hardwick HarrellHart Hayes HearnHenderson Herbkersman HiottHixon Hodges HorneHosey Howard HugginsJefferson Johnson KingKnight Limehouse LoftisLong Lowe LucasMack McCoy McEachernMcLeod Merrill MitchellD. C. Moss V. S. Moss MunnerlynMurphy Nanney J. H. NealJ. M. Neal Neilson NormanOtt Owens ParkerParks Pinson PittsRutherford Ryan SabbSandifer Simrill SkeltonG. M. Smith J. E. Smith J. R. SmithSottile Spires StavrinakisStringer Tallon TaylorThayer Toole TribbleVick Viers WeeksWhipper White WhitmireWilliams Young

STATEMENT OF ATTENDANCEI came in after the roll call and was present for the Session on

Wednesday, June 29.Eric Bikas Tracy EdgeJames Harrison Boyd BrownRichard "Rick" Quinn Kris CrawfordMark Willis

Total Present--117

LEAVE OF ABSENCEThe SPEAKER granted Rep. G. R. SMITH a leave of absence for

the day.

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LEAVE OF ABSENCEThe SPEAKER granted Rep. POPE a leave of absence for the day.

LEAVE OF ABSENCEThe SPEAKER granted Rep. AGNEW a leave of absence for the day

due to official legislative business.

LEAVE OF ABSENCEThe SPEAKER granted Rep. BOWERS a leave of absence for the

day due to a prior commitment.

LEAVE OF ABSENCEThe SPEAKER granted Rep. PATRICK a leave of absence for the

day due to a prior family commitment.

LEAVE OF ABSENCEThe SPEAKER granted Rep. G. A. BROWN a temporary leave of

absence.

LEAVE OF ABSENCEThe SPEAKER granted Rep. WILLIS a temporary leave of absence.

H. 3792--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3792 -- Rep. Rutherford: A BILL TO AMEND SECTION 50-21-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDITIONS UPON WHICH A PERSON MAY OPERATE A VESSEL DISPLAYING, REFLECTING, OR FLASHING A BLUE LIGHT, SO AS TO REVISE THE CIRCUMSTANCES IN WHICH A PERSON MAY OPERATE A VESSEL WHILE DISPLAYING A BLUE LIGHT, AND TO REVISE THE PENALTY PROVISION.

Rep. RUTHERFORD explained the Senate Amendments.

The yeas and nays were taken resulting as follows: Yeas 103; Nays 0

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Those who voted in the affirmative are:Alexander Allen AllisonAnderson Anthony AtwaterBallentine Bannister BarfieldBattle Bikas BinghamBowen Brady BrannonBrantley R. L. Brown Butler GarrickChumley Clemmons ClyburnCobb-Hunter Cole CooperCorbin Crosby DaningDelleney Dillard EdgeErickson Forrester FryeFunderburk Gilliard GovanHamilton Harrell HarrisonHayes Hearn HendersonHiott Hixon HodgesHorne Hosey HowardHuggins Jefferson JohnsonKing Knight LimehouseLoftis Long LucasMack McCoy McEachernMcLeod Merrill MitchellD. C. Moss V. S. Moss MunnerlynMurphy Nanney J. H. NealJ. M. Neal Neilson NormanOtt Owens ParkerParks Pinson PittsQuinn Rutherford RyanSabb Sandifer SimrillSkelton G. M. Smith J. E. SmithJ. R. Smith Sottile SpiresStavrinakis Stringer TallonTaylor Thayer TooleViers Weeks WhipperWhite Whitmire WilliamsYoung

Total--103

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Those who voted in the negative are:

Total--0

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.

R. 98, S. 913--GOVERNOR'S VETO OVERRIDDENThe Veto on the following Act was taken up:

(R98) S. 913 -- Senator Sheheen: A JOINT RESOLUTION TO ESTABLISH THE KERSHAW COUNTY HOUSING AUTHORITY; TO PROVIDE THAT POWERS AND DUTIES OF THE AUTHORITY ARE VESTED IN THE KERSHAW COUNTY HOUSING AUTHORITY COMMISSION AND TO ESTABLISH TERMS FOR THE COMMISSIONERS; TO PROVIDE FOR THE HOUSING AUTHORITY'S FUNCTIONS, RIGHTS, POWERS, DUTIES, AND LIABILITIES; AND TO PROVIDE THAT THE SOUTH CAROLINA STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY SHALL REMAIN THE LOCAL HOUSING AGENCY IN KERSHAW COUNTY FOR THE PURPOSE OF ADMINISTERING THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HOUSING CHOICE VOUCHER PROGRAM.

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

Yeas 2; Nays 1

Those who voted in the affirmative are:Butler Garrick Funderburk

Total--2

Those who voted in the negative are:Lucas

Total--1

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

R. 107, H. 3701--GOVERNOR'S VETO OVERRIDDENThe Veto on the following Act was taken up:

(R107) H. 3701 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2010-2011.

Rep. COOPER explained the Veto.

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

Yeas 112; Nays 1

Those who voted in the affirmative are:Alexander Allen AllisonAnderson Anthony AtwaterBales Ballentine BannisterBarfield Battle BedingfieldBikas Bingham BowenBrady Branham BrannonBrantley R. L. Brown Butler GarrickChumley Clemmons ClyburnCobb-Hunter Cole CooperCorbin Crosby DaningDelleney Dillard EdgeErickson Forrester FryeFunderburk Gambrell GilliardGovan Hamilton HardwickHarrell Harrison HartHayes Hearn HendersonHerbkersman Hiott HixonHodges Horne HoseyHoward Huggins JeffersonJohnson King KnightLimehouse Loftis LongLowe Lucas MackMcCoy McEachern McLeod

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Merrill Mitchell D. C. MossV. S. Moss Munnerlyn MurphyNanney J. H. Neal J. M. NealNeilson Ott OwensParker Parks PinsonPitts Quinn RutherfordRyan Sabb SandiferSimrill Skelton G. M. SmithJ. E. Smith J. R. Smith SottileSpires Stavrinakis StringerTallon Taylor ThayerToole Tribble VickViers Weeks WhipperWhite Whitmire WilliamsYoung

Total--112

Those who voted in the negative are:Norman

Total--1


S. 172--CONFERENCE REPORT TABLED

S. 172--Conference ReportThe General Assembly, Columbia, S.C., June 22, 2011

The COMMITTEE OF CONFERENCE, to whom was referred:

S. 172 -- Senators Rose, Fair, Leatherman, Bright, Bryant, Campsen, Knotts, O’Dell, S. Martin, Ford and McGill: A BILL TO ENACT THE “SOUTH CAROLINA HIGHER EDUCATION EFFICIENCY AND ADMINISTRATIVE POLICIES ACT OF 2011”, BY ADDING SECTION 59-101-670 SO AS TO PROVIDE THAT EACH PUBLIC INSTITUTION OF HIGHER LEARNING MUST MAINTAIN A DETAILED TRANSACTION REGISTER OF ALL FUNDS EXPENDED EACH MONTH AND POST THAT REGISTER ONLINE; BY ADDING SECTION 1-1-1040 SO AS TO PROVIDE

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THAT ALL STATE AGENCIES MUST HAVE A LINK ON THEIR INTERNET WEBSITE TO THE STATE AGENCY RESPONSIBLE FOR POSTING ON ITS INTERNET WEBSITE THE AGENCY’S, DEPARTMENT’S, OR INSTITUTION’S MONTHLY STATE PROCUREMENT CARD STATEMENTS, TO DIRECT THE BUDGET AND CONTROL BOARD’S STATE OFFICE OF HUMAN RESOURCES TO PARTICIPATE WITH FIVE REPRESENTATIVES SELECTED BY THE RESPECTIVE PRESIDENTS OF THE PUBLIC INSTITUTIONS OF HIGHER LEARNING AND TECHNICAL COLLEGES TO STUDY, DEVELOP, AND RECOMMEND A SEPARATE, COMPREHENSIVE HUMAN RESOURCES SYSTEM FOR THE PUBLIC INSTITUTIONS OF HIGHER LEARNING AND TECHNICAL COLLEGES; BY AMENDING SECTION 2-47-50, AS AMENDED, RELATING TO PERMANENT IMPROVEMENT PROJECTS, SO AS TO DEFINE ‘PERMANENT IMPROVEMENT PROJECT’; TO AMEND SECTION 1-11-65, RELATING TO APPROVAL OF REAL PROPERTY TRANSACTIONS INVOLVING GOVERNMENTAL BODIES, SO AS TO PROVIDE THAT WITH APPROVAL OF THE BUDGET AND CONTROL BOARD, CERTAIN INSTITUTIONS OF HIGHER LEARNING MAY ENTER INTO GROUND LEASE AGREEMENTS WITH A PRIVATE ENTITY WHEREBY THE PRIVATE ENTITY WILL PROVIDE ALL SERVICES NECESSARY FOR THE CREATION AND OPERATION OF ON-CAMPUS INFRASTRUCTURE, AND TO PROVIDE THAT UPON THE EXPIRATION OF THE GROUND LEASE AGREEMENT, THE PRIVATE ENTITY SHALL SURRENDER THE PREMISES TO THE INSTITUTION; TO AMEND SECTION 11-35-1210, RELATING TO THE BUDGET AND CONTROL BOARD’S REVIEW OF DOLLAR LIMITS FOR A GOVERNMENTAL BODY’S PROCUREMENT, SO AS TO PROVIDE THAT THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, IN COORDINATION WITH THE APPROPRIATE CHIEF PROCUREMENT OFFICER, MAY APPROVE A CUMULATIVE TOTAL OF UP TO FIFTY THOUSAND DOLLARS IN ADDITIONAL PROCUREMENT AUTHORITY FOR TECHNICAL COLLEGES; TO AMEND SECTION 11-35-1550, RELATING TO BID PROCEDURES, SO AS TO PROVIDE THAT IN CERTAIN SITUATIONS, A PUBLIC INSTITUTION OF HIGHER LEARNING AND TECHNICAL COLLEGE MAY MAKE SMALL PURCHASES NOT EXCEEDING

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TEN THOUSAND DOLLARS WITHOUT CERTAIN PROVISIONS OF THE PROCUREMENT CODE APPLYING; TO AMEND SECTION 11-35-3310, RELATING TO INDEFINITE DELIVERY CONTRACTS, SO AS TO INCREASE CERTAIN DOLLAR LIMITS FOR PUBLIC INSTITUTIONS OF HIGHER LEARNING AND TECHNICAL COLLEGES; TO AMEND SECTION 11-35-4810 RELATING TO COOPERATIVE PURCHASING, SO AS TO EXEMPT PUBLIC INSTITUTIONS OF HIGHER LEARNING FROM THE REQUIREMENT OF THIRTY DAYS’ NOTICE OF A MULTI-STATE SOLICITATION IF A COST SAVINGS IS DEMONSTRATED TO THE OFFICE OF STATE PROCUREMENT; TO AMEND SECTION 1-7-170, RELATING TO ENGAGING AN ATTORNEY ON A FEE BASIS, SO AS TO PROVIDE THAT A PUBLIC INSTITUTION OF HIGHER LEARNING SHALL ENGAGE AND COMPENSATE OUTSIDE COUNSEL IN ACCORDANCE WITH POLICIES AND PROCEDURES ADOPTED BY THE STATE BUDGET AND CONTROL BOARD FOR MATTERS OF BONDED INDEBTEDNESS, PUBLIC FINANCE, BORROWING, AND RELATED FINANCIAL MATTERS; BY ADDING SECTION 59-101-55, SO AS TO PROHIBIT STATE APPROPRIATED FUNDS FROM BEING USED TO PROVIDE OUT-OF-STATE SUBSIDIES TO STUDENTS ATTENDING STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-101-620, RELATING TO EDUCATIONAL FEE WAIVERS, SO AS TO REQUIRE THAT ANY FEE WAIVERS ABOVE FOUR PERCENT MUST BE USED FOR IN-STATE STUDENTS; BY ADDING SECTION 59-112-115, SO AS TO PROVIDE THAT WHEN THE GOVERNING BOARD OF A PUBLIC INSTITUTION OF HIGHER LEARNING OR TECHNICAL COLLEGE ADOPTS A CHANGE TO THE TUITION OR FEES IMPOSED ON STUDENTS, THE CHANGE MAY BE IMPLEMENTED ONLY AFTER A PUBLIC VOTE WITH THE NUMBER OF TRUSTEES OR LOCAL AREA COMMISSIONERS VOTING FOR AND AGAINST THE CHANGE BEING COUNTED; BY ADDING SECTION 8-11-162, SO AS TO PROVIDE THAT TECHNICAL COLLEGE PRESIDENTS ARE COVERED BY THE AUTHORITY OF THE AGENCY HEAD SALARY COMMISSION; TO AMEND SECTION 1-11-55 RELATING TO THE LEASING OF REAL PROPERTY FOR GOVERNMENTAL BODIES, SO AS TO PROVIDE THAT A TECHNICAL COLLEGE, WITH THE APPROVAL BY THE STATE BOARD FOR TECHNICAL AND

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COMPREHENSIVE EDUCATION, AND A PUBLIC INSTITUTION OF HIGHER LEARNING, MAY ENTER INTO ANY LEASE AGREEMENT OR RENEW ANY LEASE AGREEMENT UP TO ONE HUNDRED THOUSAND DOLLARS ANNUALLY FOR EACH PROPERTY OR FACILITY WITHOUT NOTIFYING THE OFFICE OF GENERAL SERVICES FOR AN INVESTIGATION OF AVAILABLE SPACE; BY ADDING SECTION 59-53-168 SO AS TO AUTHORIZE THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION TO EMPLOY AND ADMINISTER CERTAIN ADMINISTRATIVE EFFICIENCY PROVISIONS, AND TO ESTABLISH AN ADVISORY BOARD; BY ADDING SECTION 59-112-140 SO AS TO ALLOW THE AREA COMMISSION FOR THE FLORENCE-DARLINGTON TECHNICAL COLLEGE TO WAIVE CERTAIN REQUIREMENTS FOR STUDENT PARTICIPANTS IN THE CATERPILLAR DEALER ACADEMY OPERATED BY FLORENCE-DARLINGTON TECHNICAL COLLEGE; TO AMEND SECTION 2-77-20, RELATING TO THE SOUTH CAROLINA HIGHER EDUCATION EXCELLENCE ENHANCEMENT PROGRAM, SO AS TO REQUIRE THAT ALL THE FUNDS APPROPRIATED TO THE PROGRAM MUST BE ALLOCATED EQUALLY AMONG THE ELIGIBLE INSTITUTIONS; AND TO AMEND SECTION 59-142-40, RELATING TO STUDENTS FIRST FINANCIAL RESOURCES FOR SCHOLARSHIPS AND TUITION, SO AS TO UPDATE REFERENCES AND TO PROVIDE THAT FUNDS FOR THE NEED BASED GRANT MUST BE ALLOCATED IN A GIVEN YEAR TO INSTITUTIONS USING A METHODOLOGY THAT CONSIDERS STATE RESIDENT PELL GRANT RECIPIENTS SO THAT EACH PUBLIC INSTITUTION SHALL RECEIVE AN AMOUNT SUFFICIENT TO PROVIDE A SIMILAR LEVEL OF SUPPORT PER STATE RESIDENT PELL RECIPIENT WHEN COMPARED TO TUITION AND REQUIRED FEES, BUT THAT NO INSTITUTION SHALL RECEIVE A SMALLER PROPORTION OF FUNDING THAN WOULD BE PROVIDED UNDER THE STUDENT ENROLLMENT METHODOLOGY USED IN YEARS PRIOR TO FISCAL YEAR 2008-09.

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

That the same do pass with the following amendments:

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Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ Part ICitation

SECTION 1. This act is known and may be cited as the “South Carolina Higher Education Efficiency and Administrative Policies Act of 2011”.

Part IITransaction Register

SECTION 2. A. Article 2, Chapter 101, Title 59 of the 1976 Code is amended by adding:

“Section 59-101-670. (A) Each public institution of higher learning shall maintain a transaction register that includes a complete record of all funds expended, from whatever source for whatever purpose. The register must be prominently posted on the institution’s Internet website and made available for public viewing and downloading.

(1)(a) The register must include for each expenditure:(i) the transaction amount;(ii) the name of the payee;(iii) the identification number of the transaction; and(iv) a description of the expenditure, including the source of

funds, a category title, and an object title for the expenditure.(b) The register must include all reimbursements for expenses,

but must not include an entry for salary, wages, or other compensation paid to individual employees.

(c) The register must not include a social security number.(d) The register must be accompanied by a complete

explanation of any codes or acronyms used to identify a payee or an expenditure.

(e) At the option of the public institution, the register may exclude any information that can be used to identify an individual employee or student.

(f) This section does not require the posting of any information that is not required to be disclosed under Chapter 4, Title 30.

(2) The register must be searchable and updated at least once a month. Each monthly register must be maintained on the Internet website for at least three years.

(B) Each public institution of higher learning shall be responsible for providing on its Internet website a link to the Internet website of

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any agency, other than the individual institution, that posts on its Internet website the institution’s monthly state procurement card statements or monthly reports containing all or substantially all of the same information contained in the monthly state procurement card statements. The link must be to the specific webpage or section on the website of the agency where the state procurement card information for the institution can be found. The information posted may not contain the state procurement card number.

(C) Any information that is expressly prohibited from public disclosure by federal or state law or regulation must be redacted from any posting required by this section.

(D) In the event any public institution of higher learning has a question or issue relating to technical aspects of complying with the requirements of this section or the disclosure of public information under this section, it shall consult with the Comptroller General’s Office, which may provide guidance to the public institution.”

B. Article 15, Chapter 1, Title 1 of the 1976 Code is amended by adding:

“Section 1-1-1040. All agencies, departments, and institutions of state government must be responsible for providing on their Internet websites a link to the Internet website of any agency, other than the individual agency, department, or institution, that posts on its Internet website that agency’s, department’s, or institution’s monthly state procurement card statements or monthly reports containing all or substantially all the same information contained in the monthly state procurement card statements. The link must be to the specific webpage or section on the website of the agency where the state procurement card information for the state agency, department, or institution can be found. The information posted may not contain the state procurement card number. Any information that is expressly prohibited from public disclosure by federal or state law or regulation must be redacted from any posting required by this section.”

C. This SECTION takes effect upon approval by the Governor, and public institutions of higher learning to which this SECTION applies shall have one year from the effective date of this act to comply with its requirements.

Part IIIHuman Resources

SECTION 3. The Budget and Control Board’s State Office of Human Resources shall participate with five representatives selected by the respective presidents of the public institutions of higher learning

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and technical colleges to represent all of the public institutions of higher learning and technical colleges to study, develop, and recommend a separate, comprehensive human resources system for the public institutions of higher learning and technical colleges. The recommendation shall include, but not be limited to, prescription of a methodology to establish a uniform compensation and classification plan among the public institutions of higher learning and technical colleges. The recommendations must provide for necessary accountability to the Budget and Control Board, including a process for reporting human resources data. The recommendation must be submitted to the State Budget and Control Board for its review no later than July 1, 2012, and shall not be implemented until approved by the Budget and Control Board pursuant to Section 8-11-230.

Part IVFacilities and Capital Expenditure Revisions

SECTION 4. Section 2-47-50 of the 1976 Code, as last amended by Act 143 of 2005, is further amended to read:

“Section 2-47-50. The board shall establish formally each permanent improvement project before actions of any sort which implement the project in any way may be undertaken and no expenditure of any funds for any services or for any other project purpose contracted for, delivered, or otherwise provided prior to the date of the formal action of the board to establish the project shall be approved. State agencies and institutions may advertise and interview for project architectural and engineering services for a pending project so long as the architectural and engineering contract is not awarded until after a state project number is assigned. After the committee has reviewed the form to be used to request the establishment of permanent improvement projects and has reviewed the time schedule for considering such requests as proposed by the board, requests to establish permanent improvement projects shall be made in such form and at such times as the board may require.

Any proposal to finance all or any part of any project using any funds not previously authorized specifically for the project by the General Assembly or using any funds not previously approved for the project by the board and reviewed by the committee shall be referred to the committee for review prior to approval by the board.

Any proposed revision of the scope or of the budget of an established permanent improvement project deemed by the board to be substantial shall be referred to the committee for its review prior to any final action by the board. In making their determinations regarding

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changes in project scope, the board and the committee shall utilize the permanent improvement project proposal and justification statements, together with any supporting documentation, considered at the time the project was authorized or established originally. Any proposal to increase the budget of a previously approved project using any funds not previously approved for the project by the board and reviewed by the committee shall in all cases be deemed to be a substantial revision of a project budget which shall be referred to the committee for review. The committee shall be advised promptly of all actions taken by the board which approve revisions in the scope of or the budget of any previously established permanent improvement project not deemed substantial by the board.

For purposes of this chapter, with regard to all institutions of higher learning, permanent improvement project is defined as:

(1) acquisition of land, regardless of cost, with staff level review of the committee and the Budget and Control Board, Capital Budget Office, up to two hundred fifty thousand dollars;

(2) acquisition, as opposed to the construction, of buildings or other structures, regardless of cost, with staff level review of the committee and the Budget and Control Board, Capital Budget Office, up to two hundred fifty thousand dollars;

(3) construction of additional facilities and work on existing facilities for any given project including their renovation, repair, maintenance, alteration, or demolition in those instances in which the total cost of all work involved is five hundred thousand one million dollars or more;

(4) architectural and engineering and other types of planning and design work, regardless of cost, which is intended to result in a permanent improvement project. Master plans and feasibility studies are not permanent improvement projects and are not to be included;

(5) capital lease purchase of a facility acquisition or construction in which the total cost is one million dollars or more; and

(6) equipment that either becomes a permanent fixture of a facility or does not become permanent but is included in the construction contract shall be included as a part of a project in which the total cost is one million dollars or more; and

(7) new construction of a facility that exceeds a total cost of five hundred thousand dollars.

Any permanent improvement project that meets the above definition must become a project, regardless of the source of funds. However, an institution of higher learning that has been authorized or appropriated

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capital improvement bond funds, capital reserve fund or state appropriated funds, or state infrastructure bond funds by the General Assembly for capital improvements shall process a permanent improvement project, regardless of the amount.

For purposes of establishing permanent improvement projects, Clemson University Public Service Activities (Clemson - PSA) and South Carolina State University Public Service Activities (SC State - PSA) are subject to the provisions of this chapter. ”

SECTION 5. Section 1-11-65 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:

“( ) With approval of the Budget and Control Board, any four-year public institution of higher learning, graduate level public institution of higher learning, two-year branch campus of a graduate level public institution of higher learning in this State, and any technical college, upon initial approval by the State Board for Technical and Comprehensive Education, may enter into one or more ground lease agreements with a private entity whereby the private entity will provide all services necessary for the creation and operation of on-campus infrastructure including, but not limited to, financing which is subject to review and approval of the State Treasurer, designing, constructing, managing, operating, maintaining, and related services. Upon expiration of the ground lease agreement term, the private entity shall surrender to the institution such premises with the existing buildings, other structures, and improvements constructed and located thereon and therein, in the same condition as when the construction of the buildings, other structures, and improvements were completed, only natural and normal wear and tear excepted. The Budget and Control Board shall approve all ground lease agreement terms and conditions including the consideration involved. The full faith and credit of the State toward the lease obligations must not be pledged, and any statement to the contrary is deemed null and void as a matter of public policy. The private entity may be a nonprofit organization. Budget and Control Board approval required is instead of or a substitute for any other approval required by any other provision of law or regulation in connection with the undertaking of the private entity and the subject institution; however, the private entity and the subject institution shall adhere to fire, life, and safety codes as required by the Office of State Engineer. This section and the approval required by this section does not exempt any transaction or entity from complying with Chapter 35, Title 11.”

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Part VProcurement Code Revisions

SECTION 6. Section 11-35-1210 of the 1976 Code is amended by adding an appropriately numbered subsection at the end to read:

“( ) Subject to subsection (1), the State Board for Technical and Comprehensive Education, in coordination with the appropriate Chief Procurement Officer, may approve a cumulative total of up to fifty thousand dollars in additional procurement authority for technical colleges, provided that the designated board office makes no material audit findings concerning procurement. As provided by regulation, any authority granted pursuant to this paragraph is effective when certified in writing by the designated board office.”

SECTION 7. Section 11-35-1550 of the 1976 Code is amended to read:

“Section 11-35-1550. (1) Authority. The following small purchase procedures may be utilized only in conducting procurements for governmental bodies that are up to fifty thousand dollars in actual or potential value. A governmental body may conduct its own procurement up to fifty thousand dollars in actual or potential value, and a governmental body that has received procurement certification pursuant to Section 11-35-1210 to handle the type and estimated value of the procurement may conduct the procurement under its own authority in accordance with this code. Procurement requirements must not be artificially divided by governmental bodies so as to constitute a small purchase pursuant to this section.

(2) Competition and Price Reasonableness. (a) Purchases not in excess of two thousand five hundred dollars.

Except as provided in subitem (d) below, small purchases not exceeding two thousand five hundred dollars may be accomplished without securing competitive quotations if the prices are considered reasonable. The purchasing office must annotate the purchase requisition: ‘Price is fair and reasonable’ and sign. The purchases must be distributed equitably among qualified suppliers. When practical, a quotation must be solicited from other than the previous supplier before placing a repeat order. The administrative cost of verifying the reasonableness of the price of purchase ‘not in excess of’ may more than offset potential savings in detecting instances of overpricing. Action to verify the reasonableness of the price need be taken only when the procurement officer of the governmental body suspects that the price may not be reasonable, comparison to previous price paid, or personal knowledge of the item involved.

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(b) Purchases over two thousand five hundred dollars to ten thousand dollars. Except as provided in subitem (d) below, solicitation of written quotes from a minimum of three qualified sources of supply must be made and documentation of the quotes attached to the purchase requisition for a small purchase over two thousand five hundred dollars but not in excess of ten thousand dollars. The award must be made to the lowest responsive and responsible sources.

(c) Purchases over ten thousand dollars up to fifty thousand dollars. Written solicitation of written quotes, bids, or proposals must be made for a small purchase over ten thousand dollars but not in excess of fifty thousand dollars. The procurement must be advertised at least once in the South Carolina Business Opportunities publication or through a means of central electronic advertising as approved by the designated board office. A copy of the written solicitation and written quotes must be attached to the purchase requisition. The award must be made to the lowest responsive and responsible source or, when a request for proposal process is used, the highest ranking offeror.

(d) For public institutions of higher learning in this State excluding technical colleges, small purchase amounts to which the provisions of subitem (a) apply are those purchases not exceeding ten thousand dollars, and for these purchases subitem (b) above does not apply. In addition, purchasing cards of the institution for these purchases also may be used by officials or employees of the institution as the governing board approves.

(3) All competitive procurements above ten thousand dollars must be advertised at least once in the South Carolina Business Opportunities publication or through a means of central electronic advertising as approved by the designated board office. Governmental bodies may charge vendors the cost incurred for copying and mailing bid or proposal documents requested in response to a procurement.

(4) The Division of Aeronautics of the Department of Commerce may act as its own purchasing agency for all procurements of maintenance services for aircraft and these procurements may be conducted pursuant to subsection (2)(b).

(5) For a technical college authorized by the State Board for Technical and Comprehensive Education, small purchase amounts to which the provisions of subsection (2)(a) apply are those purchases up to an amount not to exceed ten thousand dollars. If authority is approved, a technical college may use purchasing cards for these purchases up to the amount approved by the State Board for Technical and Comprehensive Education.”

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“Section 11-35-3310. (1) General Applicability. Indefinite delivery contracts may be awarded on an as-needed basis for construction services pursuant to the procedures in Section 11-35-3015(2)(b) and for architectural-engineering and land surveying services pursuant to Section 11-35-3220.

(a) Construction Services. When construction services contracts are awarded, each contract shall must be limited to a total expenditure of seven hundred fifty thousand dollars for a two-year period with individual project expenditures not to exceed one hundred fifty thousand dollars; however, for public institutions of higher learning, and for technical college service contracts authorized by the State Board for Technical and Comprehensive Education, these limits shall be one million dollars for total expenditures and two hundred fifty thousand dollars for individual expenditures within the time periods specified.

(b) Architectural-Engineering and Land-Surveying Services. When architectural-engineering and land-surveying services contracts are awarded, each contract shall must be limited to a total expenditure of three hundred thousand dollars for a two-year period with individual project expenditures not to exceed one hundred thousand dollars; however, for public institutions of higher learning, and for technical college service contracts authorized by the State Board for Technical and Comprehensive Education, these limits shall be five hundred thousand dollars for total expenditures and two hundred thousand dollars for individual expenditures within the time periods specified.

(2) Small Indefinite Delivery Contracts. Small indefinite delivery contracts for architectural-engineering and land-surveying services may be procured as provided in Section 11-35-3230. A contract established under this section shall must be subject to Section 11-35-3230, and any regulations promulgated thereunder except that for public institutions of higher learning, and for technical college delivery contracts authorized by the State Board for Technical and Comprehensive Education, the individual and total contract limits shall be fifty thousand and one hundred fifty thousand dollars, respectively.”


“Section 11-35-4810. Any public procurement unit may participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of any supplies, services, or construction with one

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or more public procurement units or external procurement activities in accordance with an agreement entered into between the participants. Such cooperative purchasing may include, but is not limited to, joint or multi-party contracts between public procurement units and open-ended state public procurement unit contracts which shall be made available to local public procurement units, except as provided in Section 11-35-4820 or except as may otherwise be limited by the board through regulations.

However, thirty days’ notice of a proposed multi-state solicitation shall must be provided through central advertising and such contracts may be only awarded to manufacturers who will be distributing the products to South Carolina governmental bodies through South Carolina vendors; provided, however, that the provisions of this paragraph do not apply to public institutions of higher learning if the institution demonstrates a cost savings to the Office of State Procurement in regard to the multistate solicitation and procurement.”

Part VIMiscellaneous Provisions

SECTION 10. Section 1-7-170 of the 1976 Code, as added by Act 353 of 2008, is amended to read:

“Section 1-7-170. (A) A department or agency of state government may not engage on a fee basis an attorney at law except upon the written approval of the Attorney General and upon a fee as must be approved by him. This section does not apply to the employment of attorneys in special cases in inferior courts when the fee to be paid does not exceed two hundred fifty dollars or exceptions approved by the State Budget and Control Board. This section does not apply to an attorney hired by the General Assembly or the judicial department.

(B) A public institution of higher learning shall engage and compensate outside counsel in accordance with policies and procedures adopted by the State Budget and Control Board for matters of bonded indebtedness, public finance, borrowing, and related financial matters.”

SECTION 11. Article 1, Chapter 101, Title 59 of the 1976 Code is amended by adding:

“Section 59-101-55. State appropriated funds shall not be used to provide out-of-state subsidies to students attending state-supported institutions of higher learning.”


“Section 59-101-620. (A) A public institution of higher learning may offer educational fee waivers to no more than four eight percent of

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the undergraduate student body. Any fee waivers above four percent must be used for in - state students. For the purposes of fee waivers, an in - state student must be defined by Section 59 - 112 - 20(A).

(B) State - supported institutions of higher learning to which this subsection applies annually shall report to the Commission on Higher Education the amount of such waivers provided during that fiscal year and such other information as the commission may require in regard to these waivers.”

SECTION 13. Chapter 112, Title 59 of the 1976 Code is amended by adding:

“Section 59-112-115. When the governing board of a public institution of higher learning, excluding technical colleges, adopts a change to the tuition or fees imposed on students, the change may be implemented by the institution only after a public vote with the number of trustees voting for and against the change being counted. A majority vote is required to implement any change to the tuition or fees. For technical colleges, when the local area commission of a technical college adopts a change to the tuition or fees imposed on students, the change may be implemented by the technical college only after a public vote with the number of local area commissioners voting for and against the change being counted. A majority vote is required to implement any change to the tuition or fees. A change to tuition or fees adopted by the local area commission must be reported to the State Board for Technical and Comprehensive Education within five business days.”


“Section 8-11-162. For purposes of Section 8-11-160 and the other provisions related to the authority of the Agency Head Salary Commission, Technical College Presidents are covered by the authority of the commission.”

SECTION 15. Section 1-11-55(2) of the 1976 Code is amended to read:

“(2) The Budget and Control Board is hereby designated as the single central broker for the leasing of real property for governmental bodies. No governmental body shall enter into any lease agreement or renew any existing lease except in accordance with the provisions of this section. However, a technical college, with the approval by the State Board for Technical and Comprehensive Education, and a public institution of higher learning, may enter into any lease agreement or

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renew any lease agreement up to one hundred thousand dollars annually for each property or facility.”


“Section 59-53-168. (A) The State Board for Technical and Comprehensive Education (state board) is granted the authority to employ and administer certain administrative efficiency provisions provided in Sections 11-35-1210, 11-35-1550(2), 11-35-3310, 11-35-4810, 1-7-170, 59-101-620, and 1-11-55(2) of the 1976 Code. The state board shall establish a tiered system for categorizing technical colleges with respect to their financial strength and ability to manage day-to-day operations. Technical colleges, by way of application from their area commissions, may request the state board apply these administrative efficiency provisions to their respective institutions. The state board shall review the technical college’s request and determine the proper category for the technical college.

(B) The state board shall establish an advisory board to provide oversight and review of the provisions of this chapter. The state board shall submit an annual report on oversight to the Governor, the Chairman of the House Ways and Means Committee, and the Chairman of the Senate Finance Committee by November fifteenth of each year and shall submit a report every two years to include how changes have benefitted the agency to the Governor and the Chairmen of the House Ways and Means Committee, the Senate Finance Committee, the House Education and Public Works Committee, and the Senate Education Committee.”

SECTION 17. Chapter 112, Title 59 of the 1976 Code is amended by adding:

“Section 59-112-140. The area commission for the Florence-Darlington Technical College may waive the requirements of this chapter for student participants in the Caterpillar Dealer Academy operated by Florence-Darlington Technical College.”

SECTION 18. Section 2-77-20(C) of the 1976 Code is amended to read:

“(C) An institution seeking to qualify as an eligible institution must submit an annual application to the commission. The commission must certify the eligibility of institutions seeking contracts pursuant to this section. Of the The funds appropriated for this program, one-half must be allocated equally among the eligible institutions. The remainder of the appropriated funds shall be awarded to eligible institutions based

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upon merit, through criteria developed by the Commission on Higher Education.”


“The provisions of this chapter apply to eligible students beginning in the 1996-97 academic year. Funds must be allocated in a given year to institutions using a methodology that considers state resident Pell Grant recipients so that each public institution shall receive an amount sufficient to provide a similar level of support per state resident Pell recipient when compared to tuition and required fees. However, no institution shall receive a smaller proportion of funding than would be provided under the student enrollment methodology used in years prior to fiscal year 2008 - 09 based on the percentage of the state full-time enrollment enrolled at the institutions in the preceding year. Funds must be awarded to eligible students according to the financial need of the student.”

Part VIISeverability and Time Effective

SECTION 20. If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION 21. Unless otherwise provided, this act takes effect upon approval by the Governor. /

Sen. John E. Courson Rep. Phillip D. OwensSen. Darrell Jackson Rep. Lester P. BranhamSen. Michael T. Rose Rep. Rick Quinn

On Part of the Senate. On Part of the House.

Rep. OWENS moved to table the Conference Report, which was agreed to.

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S. 172--CONFERENCE REPORT ADOPTED

S. 172--Conference ReportThe General Assembly, Columbia, S.C., June 28, 2011

The COMMITTEE OF CONFERENCE, to whom was referred (House Doc. No. H:\LEGWORK\22191DG11.DOCX):

S. 172 -- Senators Rose, Fair, Leatherman, Bright, Bryant, Campsen, Knotts, O’Dell, S. Martin, Ford and McGill: A BILL TO ENACT THE “SOUTH CAROLINA HIGHER EDUCATION EFFICIENCY AND ADMINISTRATIVE POLICIES ACT OF 2011”, BY ADDING SECTION 59-101-670 SO AS TO PROVIDE THAT EACH PUBLIC INSTITUTION OF HIGHER LEARNING MUST MAINTAIN A DETAILED TRANSACTION REGISTER OF ALL FUNDS EXPENDED EACH MONTH AND POST THAT REGISTER ONLINE; BY ADDING SECTION 1-1-1040 SO AS TO PROVIDE THAT ALL STATE AGENCIES MUST HAVE A LINK ON THEIR INTERNET WEBSITE TO THE STATE AGENCY RESPONSIBLE FOR POSTING ON ITS INTERNET WEBSITE THE AGENCY’S, DEPARTMENT’S, OR INSTITUTION’S MONTHLY STATE PROCUREMENT CARD STATEMENTS, TO DIRECT THE BUDGET AND CONTROL BOARD’S STATE OFFICE OF HUMAN RESOURCES TO PARTICIPATE WITH FIVE REPRESENTATIVES SELECTED BY THE RESPECTIVE PRESIDENTS OF THE PUBLIC INSTITUTIONS OF HIGHER LEARNING AND TECHNICAL COLLEGES TO STUDY, DEVELOP, AND RECOMMEND A SEPARATE, COMPREHENSIVE HUMAN RESOURCES SYSTEM FOR THE PUBLIC INSTITUTIONS OF HIGHER LEARNING AND TECHNICAL COLLEGES; TO AMEND SECTION 2-47-50, AS AMENDED, RELATING TO PERMANENT IMPROVEMENT PROJECTS, SO AS TO DEFINE ‘PERMANENT IMPROVEMENT PROJECT’; TO AMEND SECTION 11-35-1210, RELATING TO THE STATE BUDGET AND CONTROL BOARD’S REVIEW OF DOLLAR LIMITS FOR A GOVERNMENTAL BODY’S PROCUREMENT, SO AS TO PROVIDE THAT THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, IN COORDINATION WITH THE APPROPRIATE CHIEF PROCUREMENT OFFICER, MAY APPROVE A CUMULATIVE TOTAL OF UP TO FIFTY THOUSAND DOLLARS IN ADDITIONAL PROCUREMENT AUTHORITY FOR

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TECHNICAL COLLEGES; TO AMEND SECTION 11-35-1550, RELATING TO BID PROCEDURES, SO AS TO PROVIDE THAT IN CERTAIN SITUATIONS, A PUBLIC INSTITUTION OF HIGHER LEARNING AND TECHNICAL COLLEGE MAY MAKE SMALL PURCHASES NOT EXCEEDING TEN THOUSAND DOLLARS WITHOUT CERTAIN PROVISIONS OF THE PROCUREMENT CODE APPLYING; TO AMEND SECTION 11-35-3310, RELATING TO INDEFINITE DELIVERY CONTRACTS, SO AS TO INCREASE CERTAIN DOLLAR LIMITS FOR PUBLIC INSTITUTIONS OF HIGHER LEARNING AND TECHNICAL COLLEGES; TO AMEND SECTION 11-35-4810, RELATING TO COOPERATIVE PURCHASING, SO AS TO EXEMPT PUBLIC INSTITUTIONS OF HIGHER LEARNING FROM THE REQUIREMENT OF THIRTY DAYS’ NOTICE OF A MULTISTATE SOLICITATION IF A COST SAVINGS IS DEMONSTRATED TO THE OFFICE OF STATE PROCUREMENT; TO AMEND SECTION 1-7-170, RELATING TO ENGAGING AN ATTORNEY ON A FEE BASIS, SO AS TO PROVIDE THAT A PUBLIC INSTITUTION OF HIGHER LEARNING SHALL ENGAGE AND COMPENSATE OUTSIDE COUNSEL IN ACCORDANCE WITH POLICIES AND PROCEDURES ADOPTED BY THE STATE BUDGET AND CONTROL BOARD FOR MATTERS OF BONDED INDEBTEDNESS, PUBLIC FINANCE, BORROWING, AND RELATED FINANCIAL MATTERS; BY ADDING SECTION 59-101-55 SO AS TO PROHIBIT STATE APPROPRIATED FUNDS FROM BEING USED TO PROVIDE OUT-OF-STATE SUBSIDIES TO STUDENTS ATTENDING STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING; BY ADDING SECTION 59-112-115 SO AS TO PROVIDE THAT WHEN THE GOVERNING BOARD OF A PUBLIC INSTITUTION OF HIGHER LEARNING OR TECHNICAL COLLEGE ADOPTS A CHANGE TO THE TUITION OR FEES IMPOSED ON STUDENTS, THE CHANGE MAY BE IMPLEMENTED ONLY AFTER A PUBLIC VOTE WITH THE NUMBER OF TRUSTEES OR LOCAL AREA COMMISSIONERS VOTING FOR AND AGAINST THE CHANGE BEING COUNTED; BY ADDING SECTION 8-11-162 SO AS TO PROVIDE THAT TECHNICAL COLLEGE PRESIDENTS ARE COVERED BY THE AUTHORITY OF THE AGENCY HEAD SALARY COMMISSION; TO AMEND SECTION 1-11-55, RELATING TO THE LEASING OF REAL PROPERTY FOR GOVERNMENTAL BODIES, SO AS TO PROVIDE THAT A

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TECHNICAL COLLEGE, WITH THE APPROVAL OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, AND A PUBLIC INSTITUTION OF HIGHER LEARNING, MAY ENTER INTO ANY LEASE AGREEMENT OR RENEW ANY LEASE AGREEMENT UP TO ONE HUNDRED THOUSAND DOLLARS ANNUALLY FOR EACH PROPERTY OR FACILITY WITHOUT NOTIFYING THE OFFICE OF GENERAL SERVICES FOR AN INVESTIGATION OF AVAILABLE SPACE; BY ADDING SECTION 59-53-168 SO AS TO AUTHORIZE THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION TO EMPLOY AND ADMINISTER CERTAIN ADMINISTRATIVE EFFICIENCY PROVISIONS, AND TO ESTABLISH AN ADVISORY BOARD; BY ADDING SECTION 59-112-140 SO AS TO ALLOW THE AREA COMMISSION FOR THE FLORENCE-DARLINGTON TECHNICAL COLLEGE TO WAIVE CERTAIN REQUIREMENTS FOR STUDENT PARTICIPANTS IN THE CATERPILLAR DEALER ACADEMY OPERATED BY FLORENCE-DARLINGTON TECHNICAL COLLEGE; TO AMEND SECTION 2-77-20, RELATING TO THE SOUTH CAROLINA HIGHER EDUCATION EXCELLENCE ENHANCEMENT PROGRAM, SO AS TO REQUIRE THAT ALL THE FUNDS APPROPRIATED TO THE PROGRAM MUST BE ALLOCATED EQUALLY AMONG THE ELIGIBLE INSTITUTIONS; AND TO AMEND SECTION 59-142-40, RELATING TO STUDENTS FIRST FINANCIAL RESOURCES FOR SCHOLARSHIPS AND TUITION, SO AS TO UPDATE REFERENCES AND TO PROVIDE THAT FUNDS FOR THE NEED-BASED GRANT MUST BE ALLOCATED IN A GIVEN YEAR TO INSTITUTIONS USING A METHODOLOGY THAT CONSIDERS STATE RESIDENT PELL GRANT RECIPIENTS SO THAT EACH PUBLIC INSTITUTION SHALL RECEIVE AN AMOUNT SUFFICIENT TO PROVIDE A SIMILAR LEVEL OF SUPPORT PER STATE RESIDENT PELL RECIPIENT WHEN COMPARED TO TUITION AND REQUIRED FEES, BUT THAT NO INSTITUTION SHALL RECEIVE A SMALLER PROPORTION OF FUNDING THAN WOULD BE PROVIDED UNDER THE STUDENT ENROLLMENT METHODOLOGY USED IN YEARS PRIOR TO FISCAL YEAR 2008-2009.

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

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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:/ Part ICitation

SECTION 1. This act is known and may be cited as the “South Carolina Higher Education Efficiency and Administrative Policies Act of 2011”.

Part IITransaction Register

SECTION 2. A. Article 2, Chapter 101, Title 59 of the 1976 Code is amended by adding:

“Section 59-101-670. (A) Each public institution of higher learning shall maintain a transaction register that includes a complete record of all funds expended, from whatever source for whatever purpose. The register must be prominently posted on the institution’s Internet website and made available for public viewing and downloading.

(1)(a) The register must include for each expenditure:(i) the transaction amount;(ii) the name of the payee;(iii) the identification number of the transaction; and(iv) a description of the expenditure, including the source of

funds, a category title, and an object title for the expenditure.(b) The register must include all reimbursements for expenses,

but must not include an entry for salary, wages, or other compensation paid to individual employees.

(c) The register must not include a social security number.(d) The register must be accompanied by a complete

explanation of any codes or acronyms used to identify a payee or an expenditure.

(e) At the option of the public institution, the register may exclude any information that can be used to identify an individual employee or student.

(f) This section does not require the posting of any information that is not required to be disclosed under Chapter 4, Title 30.

(2) The register must be searchable and updated at least once a month. Each monthly register must be maintained on the Internet website for at least three years.

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(B) Each public institution of higher learning shall be responsible for providing on its Internet website a link to the Internet website of any agency, other than the individual institution, that posts on its Internet website the institution’s monthly state procurement card statements or monthly reports containing all or substantially all of the same information contained in the monthly state procurement card statements. The link must be to the specific webpage or section on the website of the agency where the state procurement card information for the institution can be found. The information posted may not contain the state procurement card number.

(C) Any information that is expressly prohibited from public disclosure by federal or state law or regulation must be redacted from any posting required by this section.

(D) In the event any public institution of higher learning has a question or issue relating to technical aspects of complying with the requirements of this section or the disclosure of public information under this section, it shall consult with the Comptroller General’s Office, which may provide guidance to the public institution.”B. Article 15, Chapter 1, Title 1 of the 1976 Code is amended by adding:

“Section 1-1-1040. All agencies, departments, and institutions of state government must be responsible for providing on their Internet websites a link to the Internet website of any agency, other than the individual agency, department, or institution, that posts on its Internet website that agency’s, department’s, or institution’s monthly state procurement card statements or monthly reports containing all or substantially all the same information contained in the monthly state procurement card statements. The link must be to the specific webpage or section on the website of the agency where the state procurement card information for the state agency, department, or institution can be found. The information posted may not contain the state procurement card number. Any information that is expressly prohibited from public disclosure by federal or state law or regulation must be redacted from any posting required by this section.”C. This SECTION takes effect upon approval by the Governor, and public institutions of higher learning to which this SECTION applies shall have one year from the effective date of this act to comply with its requirements.

Part IIIHuman Resources

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SECTION 3. The Budget and Control Board’s State Office of Human Resources shall participate with five representatives selected by the respective presidents of the public institutions of higher learning and technical colleges to represent all of the public institutions of higher learning and technical colleges to study, develop, and recommend a separate, comprehensive human resources system for the public institutions of higher learning and technical colleges. The recommendation shall include, but not be limited to, prescription of a methodology to establish a uniform compensation and classification plan among the public institutions of higher learning and technical colleges. The recommendations must provide for necessary accountability to the Budget and Control Board, including a process for reporting human resources data. The recommendation must be submitted to the State Budget and Control Board for its review no later than July 1, 2012, and shall not be implemented until approved by the Budget and Control Board pursuant to Section 8-11-230.

Part IVFacilities and Capital Expenditure Revisions

SECTION 4. Section 2-47-50 of the 1976 Code, as last amended by Act 143 of 2005, is further amended to read:

“Section 2-47-50. The board shall establish formally each permanent improvement project before actions of any sort which implement the project in any way may be undertaken and no expenditure of any funds for any services or for any other project purpose contracted for, delivered, or otherwise provided prior to the date of the formal action of the board to establish the project shall be approved. State agencies and institutions may advertise and interview for project architectural and engineering services for a pending project so long as the architectural and engineering contract is not awarded until after a state project number is assigned. After the committee has reviewed the form to be used to request the establishment of permanent improvement projects and has reviewed the time schedule for considering such requests as proposed by the board, requests to establish permanent improvement projects shall be made in such form and at such times as the board may require.

Any proposal to finance all or any part of any project using any funds not previously authorized specifically for the project by the General Assembly or using any funds not previously approved for the project by the board and reviewed by the committee shall be referred to the committee for review prior to approval by the board.

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Any proposed revision of the scope or of the budget of an established permanent improvement project deemed by the board to be substantial shall be referred to the committee for its review prior to any final action by the board. In making their determinations regarding changes in project scope, the board and the committee shall utilize the permanent improvement project proposal and justification statements, together with any supporting documentation, considered at the time the project was authorized or established originally. Any proposal to increase the budget of a previously approved project using any funds not previously approved for the project by the board and reviewed by the committee shall in all cases be deemed to be a substantial revision of a project budget which shall be referred to the committee for review. The committee shall be advised promptly of all actions taken by the board which approve revisions in the scope of or the budget of any previously established permanent improvement project not deemed substantial by the board.

For purposes of this chapter, with regard to all institutions of higher learning, permanent improvement project is defined as:

(1) acquisition of land, regardless of cost, with staff level review of the committee and the Budget and Control Board, Capital Budget Office, up to two hundred fifty thousand dollars;

(2) acquisition, as opposed to the construction, of buildings or other structures, regardless of cost, with staff level review of the committee and the Budget and Control Board, Capital Budget Office, up to two hundred fifty thousand dollars;

(3) construction of additional facilities and work on existing facilities for any given project including their renovation, repair, maintenance, alteration, or demolition in those instances in which the total cost of all work involved is five hundred thousand one million dollars or more;

(4) architectural and engineering and other types of planning and design work, regardless of cost, which is intended to result in a permanent improvement project. Master plans and feasibility studies are not permanent improvement projects and are not to be included;

(5) capital lease purchase of a facility acquisition or construction in which the total cost is one million dollars or more; and

(6) equipment that either becomes a permanent fixture of a facility or does not become permanent but is included in the construction contract shall be included as a part of a project in which the total cost is one million dollars or more; and

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(7) new construction of a facility that exceeds a total cost of five hundred thousand dollars.

Any permanent improvement project that meets the above definition must become a project, regardless of the source of funds. However, an institution of higher learning that has been authorized or appropriated capital improvement bond funds, capital reserve fund or state appropriated funds, or state infrastructure bond funds by the General Assembly for capital improvements shall process a permanent improvement project, regardless of the amount.

For purposes of establishing permanent improvement projects, Clemson University Public Service Activities (Clemson - PSA) and South Carolina State University Public Service Activities (SC State - PSA) are subject to the provisions of this chapter. ”

Part VProcurement Code Revisions

SECTION 5. Section 11-35-1210 of the 1976 Code is amended by adding an appropriately numbered subsection at the end to read:

“( ) Subject to subsection (1), the State Board for Technical and Comprehensive Education, in coordination with the appropriate Chief Procurement Officer, may approve a cumulative total of up to fifty thousand dollars in additional procurement authority for technical colleges, provided that the designated board office makes no material audit findings concerning procurement. As provided by regulation, any authority granted pursuant to this paragraph is effective when certified in writing by the designated board office.”SECTION 6. Section 11-35-1550 of the 1976 Code is amended to read:

“Section 11-35-1550. (1) Authority. The following small purchase procedures may be utilized only in conducting procurements for governmental bodies that are up to fifty thousand dollars in actual or potential value. A governmental body may conduct its own procurement up to fifty thousand dollars in actual or potential value, and a governmental body that has received procurement certification pursuant to Section 11-35-1210 to handle the type and estimated value of the procurement may conduct the procurement under its own authority in accordance with this code. Procurement requirements must not be artificially divided by governmental bodies so as to constitute a small purchase pursuant to this section.

(2) Competition and Price Reasonableness. (a) Purchases not in excess of two thousand five hundred dollars.

Except as provided in subitem (d) below, small purchases not

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exceeding two thousand five hundred dollars may be accomplished without securing competitive quotations if the prices are considered reasonable. The purchasing office must annotate the purchase requisition: ‘Price is fair and reasonable’ and sign. The purchases must be distributed equitably among qualified suppliers. When practical, a quotation must be solicited from other than the previous supplier before placing a repeat order. The administrative cost of verifying the reasonableness of the price of purchase ‘not in excess of’ may more than offset potential savings in detecting instances of overpricing. Action to verify the reasonableness of the price need be taken only when the procurement officer of the governmental body suspects that the price may not be reasonable, comparison to previous price paid, or personal knowledge of the item involved.

(b) Purchases over two thousand five hundred dollars to ten thousand dollars. Except as provided in subitem (d) below, solicitation of written quotes from a minimum of three qualified sources of supply must be made and documentation of the quotes attached to the purchase requisition for a small purchase over two thousand five hundred dollars but not in excess of ten thousand dollars. The award must be made to the lowest responsive and responsible sources.

(c) Purchases over ten thousand dollars up to fifty thousand dollars. Written solicitation of written quotes, bids, or proposals must be made for a small purchase over ten thousand dollars but not in excess of fifty thousand dollars. The procurement must be advertised at least once in the South Carolina Business Opportunities publication or through a means of central electronic advertising as approved by the designated board office. A copy of the written solicitation and written quotes must be attached to the purchase requisition. The award must be made to the lowest responsive and responsible source or, when a request for proposal process is used, the highest ranking offeror.

(d) For public institutions of higher learning in this State excluding technical colleges, small purchase amounts to which the provisions of subitem (a) apply are those purchases not exceeding ten thousand dollars, and for these purchases subitem (b) above does not apply. In addition, purchasing cards of the institution for these purchases also may be used by officials or employees of the institution as the governing board approves.

(3) All competitive procurements above ten thousand dollars must be advertised at least once in the South Carolina Business Opportunities publication or through a means of central electronic advertising as approved by the designated board office. Governmental

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bodies may charge vendors the cost incurred for copying and mailing bid or proposal documents requested in response to a procurement.

(4) The Division of Aeronautics of the Department of Commerce may act as its own purchasing agency for all procurements of maintenance services for aircraft and these procurements may be conducted pursuant to Section 11-35-1550 subsec tion (2)(b) .

(5) For a technical college authorized by the State Board for Technical and Comprehensive Education, small purchase amounts to which the provisions of subsection (2)(a) apply are those purchases up to an amount not to exceed ten thousand dollars. If authority is approved, a technical college may use purchasing cards for these purchases up to the amount approved by the State Board for Technical and Comprehensive Education.”SECTION 7. Section 11-35-3310 of the 1976 Code is amended to read:

“Section 11-35-3310. (1) General Applicability. Indefinite delivery contracts may be awarded on an as-needed basis for construction services pursuant to the procedures in Section 11-35-3015(2)(b) and for architectural-engineering and land surveying services pursuant to Section 11-35-3220.

(a) Construction Services. When construction services contracts are awarded, each contract shall must be limited to a total expenditure of seven hundred fifty thousand dollars for a two-year period with individual project expenditures not to exceed one hundred fifty thousand dollars; however, for public institutions of higher learning, and for technical college service contracts authorized by the State Board for Technical and Comprehensive Education, these limits shall be one million dollars for total expenditures and two hundred fifty thousand dollars for individual expenditures within the time periods specified.

(b) Architectural-Engineering and Land-Surveying Services. When architectural-engineering and land-surveying services contracts are awarded, each contract shall must be limited to a total expenditure of three hundred thousand dollars for a two-year period with individual project expenditures not to exceed one hundred thousand dollars; however, for public institutions of higher learning, and for technical college service contracts authorized by the State Board for Technical and Comprehensive Education, these limits shall be five hundred thousand dollars for total expenditures and two hundred thousand dollars for individual expenditures within the time periods specified.

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(2) Small Indefinite Delivery Contracts. Small indefinite delivery contracts for architectural-engineering and land-surveying services may be procured as provided in Section 11-35-3230. A contract established under this section shall must be subject to Section 11-35-3230, and any regulations promulgated thereunder except that for public institutions of higher learning, and for technical college delivery contracts authorized by the State Board for Technical and Comprehensive Education, the individual and total contract limits shall be fifty thousand and one hundred fifty thousand dollars, respectively.”SECTION 8. Section 11-35-4810 of the 1976 Code is amended to read:

“Section 11-35-4810. Any public procurement unit may participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of any supplies, services, or construction with one or more public procurement units or external procurement activities in accordance with an agreement entered into between the participants. Such cooperative purchasing may include, but is not limited to, joint or multi-party contracts between public procurement units and open-ended state public procurement unit contracts which shall be made available to local public procurement units, except as provided in Section 11-35-4820 or except as may otherwise be limited by the board through regulations.

However, thirty days’ notice of a proposed multi-state solicitation shall must be provided through central advertising and such contracts may be only awarded to manufacturers who will be distributing the products to South Carolina governmental bodies through South Carolina vendors; provided, however, that the provisions of this paragraph do not apply to public institutions of higher learning if the institution demonstrates a cost savings to the Office of State Procurement in regard to the multistate solicitation and procurement.”

Part VIMiscellaneous Provisions


“Section 1-7-170. (A) A department or agency of state government may not engage on a fee basis an attorney at law except upon the written approval of the Attorney General and upon a fee as must be approved by him. This section does not apply to the employment of attorneys in special cases in inferior courts when the fee to be paid does not exceed two hundred fifty dollars or exceptions approved by the

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State Budget and Control Board. This section does not apply to an attorney hired by the General Assembly or the judicial department.

(B) A public institution of higher learning shall engage and compensate outside counsel in accordance with policies and procedures adopted by the State Budget and Control Board for matters of bonded indebtedness, public finance, borrowing, and related financial matters.”SECTION 10. Article 1, Chapter 101, Title 59 of the 1976 Code is amended by adding:

“Section 59-101-55. State appropriated funds shall not be used to provide out-of-state subsidies to students attending state-supported institutions of higher learning.”SECTION 11. Chapter 112, Title 59 of the 1976 Code is amended by adding:

“Section 59-112-115. When the governing board of a public institution of higher learning, excluding technical colleges, adopts a change to the tuition or fees imposed on students, the change may be implemented by the institution only after a public vote with the number of trustees voting for and against the change being counted. A majority vote is required to implement any change to the tuition or fees. For technical colleges, when the local area commission of a technical college adopts a change to the tuition or fees imposed on students, the change may be implemented by the technical college only after a public vote with the number of local area commissioners voting for and against the change being counted. A majority vote is required to implement any change to the tuition or fees. A change to tuition or fees adopted by the local area commission must be reported to the State Board for Technical and Comprehensive Education within five business days.”SECTION 12. Article 1, Chapter 11, Title 8 of the 1976 Code is amended by adding:

“Section 8-11-162. For purposes of Section 8-11-160 and the other provisions related to the authority of the Agency Head Salary Commission, Technical College Presidents are covered by the authority of the commission.”SECTION 13. Section 1-11-55(2) of the 1976 Code is amended to read:

“(2) The Budget and Control Board is hereby designated as the single central broker for the leasing of real property for governmental bodies. No governmental body shall enter into any lease agreement or renew any existing lease except in accordance with the provisions of this section. However, a technical college, with the approval by the

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State Board for Technical and Comprehensive Education, and a public institution of higher learning, may enter into any lease agreement or renew any lease agreement up to one hundred thousand dollars annually for each property or facility.”SECTION 14. Article 2, Chapter 53, Title 59 of the 1976 Code is amended by adding:

“Section 59-53-168. (A) The State Board for Technical and Comprehensive Education (state board) is granted the authority to employ and administer certain administrative efficiency provisions provided in Sections 11-35-1210, 11-35-1550(2), 11-35-3310, 11-35-4810, 1-7-170, 59-101-620, and 1-11-55(2) of the 1976 Code. The state board shall establish a tiered system for categorizing technical colleges with respect to their financial strength and ability to manage day-to-day operations. Technical colleges, by way of application from their area commissions, may request the state board apply these administrative efficiency provisions to their respective institutions. The state board shall review the technical college’s request and determine the proper category for the technical college.

(B) The state board shall establish an advisory board to provide oversight and review of the provisions of this chapter. The state board shall submit an annual report on oversight to the Governor, the Chairman of the House Ways and Means Committee, and the Chairman of the Senate Finance Committee by November fifteenth of each year and shall submit a report every two years to include how changes have benefitted the agency to the Governor and the Chairmen of the House Ways and Means Committee, the Senate Finance Committee, the House Education and Public Works Committee, and the Senate Education Committee.”SECTION 15. Chapter 112, Title 59 of the 1976 Code is amended by adding:

“Section 59-112-140. The area commission for the Florence-Darlington Technical College may waive the requirements of this chapter for student participants in the Caterpillar Dealer Academy operated by Florence-Darlington Technical College.”SECTION 16. Section 2-77-20(C) of the 1976 Code is amended to read:

“(C) An institution seeking to qualify as an eligible institution must submit an annual application to the commission. The commission must certify the eligibility of institutions seeking contracts pursuant to this section. Of the The funds appropriated for this program, one-half must be allocated equally among the eligible institutions. The remainder of

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the appropriated funds shall be awarded to eligible institutions based upon merit, through criteria developed by the Commission on Higher Education.”SECTION 17. Section 59-142-40 of the 1976 Code is amended to read:

“The provisions of this chapter apply to eligible students beginning in the 1996-97 academic year. Funds must be allocated in a given year to institutions using a methodology that considers state resident Pell Grant recipients so that each public institution shall receive an amount sufficient to provide a similar level of support per state resident Pell recipient when compared to tuition and required fees. However, no institution shall receive a smaller proportion of funding than would be provided under the student enrollment methodology used in years prior to fiscal year 2008 - 09 based on the percentage of the state full-time enrollment enrolled at the institutions in the preceding year. Funds must be awarded to eligible students according to the financial need of the student.”

Part VIISeverability and Time Effective

SECTION 18. If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.SECTION 19. Unless otherwise provided, this act takes effect upon approval by the Governor. /

s/s Senator John E. Courson s/s Representative Phillip D. Owenss/s Senator Darrell Jackson s/s Representative Lester P. Branhams/s Senator Michael T. Rose Representative Rick Quinn

On Part of the Senate. On Part of the House.

Rep. OWENS explained the Conference Report.

Rep. MERRILL spoke in favor of the Conference Report.

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The yeas and nays were taken resulting as follows: Yeas 111; Nays 0

Those who voted in the affirmative are:Alexander Allen AllisonAnderson Anthony AtwaterBales Ballentine BarfieldBattle Bedingfield BikasBingham Bowen BradyBranham Brannon BrantleyR. L. Brown Butler Garrick ChumleyClemmons Clyburn Cobb-HunterCole Cooper CorbinCrosby Daning DelleneyDillard Edge EricksonForrester Frye FunderburkGambrell Gilliard GovanHamilton Hardwick HarrellHarrison Hart HayesHearn Henderson HerbkersmanHiott Hixon HodgesHorne Hosey HowardHuggins Jefferson JohnsonKing Knight LimehouseLoftis Lowe LucasMack McCoy McEachernMcLeod Merrill MitchellD. C. Moss V. S. Moss MunnerlynMurphy Nanney J. H. NealJ. M. Neal Neilson NormanOtt Owens ParkerParks Pinson PittsQuinn Rutherford RyanSabb Sandifer SimrillSkelton G. M. Smith J. E. SmithJ. R. Smith Sottile SpiresStavrinakis Stringer TallonTaylor Thayer TooleTribble Vick Viers

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Weeks Whipper WhiteWhitmire Williams Young

Total--111


Total--0

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

STATEMENT BY REP. WHITERep. WHITE made a statement relative to Rep. Cooper's service to

the House.

STATEMENT BY REP. COOPERRep. COOPER made a statement relative to his service in the House.

Rep. TAYLOR moved that the House recede until 1:30 p.m., which was agreed to.

THE HOUSE RESUMESAt 1:30 p.m. the House resumed, Acting SPEAKER GAMBRELL in

the Chair.

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

SPEAKER IN CHAIR

LEAVE OF ABSENCEThe SPEAKER granted Rep. DELLENEY a temporary leave of

absence.

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R. 106, H. 3700 -- THE GENERAL APPROPRIATION BILL

R. 106, H. 3700-- GOVERNOR'S VETOESThe Vetoes on the following Act were taken up:

VETO 32-- OVERRIDDEN

Veto 32 Part IB, Section 90.18; Page 472; Statewide Revenue: Nonrecurring Revenue; Item (B)(1)(a) Department of Education – EFA Base Student Cost; $56,174,107.

Rep. WHITE explained the Veto.

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

Yeas 97; Nays 8

Those who voted in the affirmative are:Alexander Allen AllisonAnderson Anthony AtwaterBales Ballentine BannisterBarfield Battle BikasBingham Bowen BradyBranham Brannon BrantleyH. B. Brown Butler Garrick ClyburnCole Corbin CrawfordCrosby Daning DillardErickson Forrester FunderburkGambrell Gilliard GovanHamilton Hardwick HarrellHart Hayes HearnHenderson Herbkersman HiottHixon Hodges HorneHosey Howard HugginsJefferson Johnson KnightLimehouse Loftis LongLowe Lucas MackMcCoy McEachern McLeodMerrill Mitchell D. C. MossV. S. Moss Munnerlyn Murphy

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J. H. Neal J. M. Neal NeilsonOtt Owens ParkerPinson Pitts QuinnRyan Sabb SandiferSimrill Skelton G. M. SmithJ. E. Smith J. R. Smith SottileSpires Stavrinakis StringerTallon Taylor TooleTribble Vick WhipperWhite Whitmire WilliamsYoung

Total--97

Those who voted in the negative are:Bedingfield Chumley EdgeFrye Nanney NormanThayer Viers

Total--8


RECORD FOR VOTINGI was temporarily out of the House Chambers working on

redistricting business, during the vote on Veto No. 32 to H. 3700, the General Appropriation Bill. If I had been present, I would have voted to override the Governor’s Veto.

Rep. Alan Clemmons


Veto 35 Part IB, Section 90.21; Page 475; Statewide Revenue: Nonrecurring Revenue – Increased Enforcement Collections; Second Item; Department of Education – Education Foundation Supplement; $20,000,000.


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Yeas 89; Nays 18

Those who voted in the affirmative are:Alexander Allen AllisonAnderson Anthony AtwaterBales Barfield BattleBikas Bingham BowenBrady Branham BrannonBrantley H. B. Brown R. L. BrownButler Garrick Chumley ClyburnCole Crawford CrosbyDillard Erickson ForresterFrye Funderburk GambrellGilliard Govan HardwickHarrell Hart HayesHearn Henderson HerbkersmanHiott Hixon HodgesHorne Hosey HowardJefferson Johnson KnightLoftis Lowe MackMcEachern McLeod MerrillMitchell D. C. Moss V. S. MossMunnerlyn Murphy J. H. NealJ. M. Neal Neilson OttOwens Parker ParksPinson Pitts QuinnRyan Sabb SkeltonJ. E. Smith J. R. Smith SottileSpires Stavrinakis StringerTallon Taylor TooleTribble Vick WeeksWhipper White WhitmireWilliams Young

Total--89

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Those who voted in the negative are:Ballentine Bannister BedingfieldCorbin Daning EdgeHamilton Limehouse LongLucas McCoy NanneyNorman Sandifer SimrillG. M. Smith Thayer Viers

Total--18


RECORD FOR VOTINGI was temporarily out of the House Chambers working on

redistricting business during the vote on Veto No. 35 to H. 3700, the General Appropriation Bill. If I had been present, I would have voted to sustain the Governor’s veto.

Rep. Alan Clemmons


Veto 27 Part IB, Section 79.6; Page 418; Election Commission; Primary and General Election Carry Forward.



Yeas 102; Nays 6

Those who voted in the affirmative are:Alexander Allen AllisonAnderson Anthony AtwaterBales Ballentine BannisterBarfield Battle BedingfieldBikas Bingham BowenBrady Branham BrannonBrantley R. L. Brown Butler GarrickChumley Clemmons Clyburn

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Cobb-Hunter Cole CorbinCrawford Crosby DaningEdge Erickson ForresterFunderburk Gambrell GilliardGovan Hamilton HardwickHarrell Hart HayesHearn Henderson HerbkersmanHiott Hixon HodgesHorne Hosey HowardHuggins Jefferson JohnsonLimehouse Loftis LongLowe Lucas MackMcCoy McEachern McLeodMerrill Mitchell D. C. MossV. S. Moss Munnerlyn MurphyNanney J. H. Neal J. M. NealNeilson Owens ParkerParks Pinson PittsQuinn Ryan SabbSandifer Simrill SkeltonG. M. Smith J. E. Smith J. R. SmithSottile Spires StringerTallon Taylor ThayerToole Tribble VickWeeks Whipper WhiteWhitmire Williams Young

Total--102

Those who voted in the negative are:H. B. Brown Frye NormanOtt Stavrinakis Viers

Total--6


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Veto 28 Part IB, Section 79.12; Page 419; Election Commission; Presidential Preference Primary and Ballot Security.



Yeas 100; Nays 7

Those who voted in the affirmative are:Alexander Allen AllisonAnderson Anthony BalesBallentine Bannister BarfieldBattle Bedingfield BikasBingham Bowen BradyBranham Brannon BrantleyR. L. Brown Butler Garrick ChumleyClemmons Cobb-Hunter ColeCorbin Crawford CrosbyDaning Edge EricksonForrester Funderburk GilliardGovan Hamilton HardwickHarrell Harrison HartHayes Hearn HendersonHerbkersman Hiott HixonHodges Horne HoseyHoward Huggins JeffersonJohnson Limehouse LoftisLong Lowe LucasMack McCoy McEachernMcLeod Merrill MitchellD. C. Moss V. S. Moss MunnerlynMurphy Nanney J. H. NealJ. M. Neal Neilson OwensParker Parks PinsonPitts Quinn RyanSabb Sandifer SimrillSkelton G. M. Smith J. E. Smith

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J. R. Smith Sottile SpiresStringer Tallon TaylorThayer Toole TribbleVick Weeks WhipperWhite Whitmire WilliamsYoung

Total--100

Those who voted in the negative are:H. B. Brown Frye GambrellNorman Ott StavrinakisViers

Total--7


VETO 3-- OVERRIDDEN

Veto 3 Part IA, Section 1; Page 10; Department of Education; XIII. Aid to School Districts; A. Aid to School Districts; Special Items; ETV - K-12 Teacher Training; $4,829,281.

Rep. BINGHAM explained the Veto.


Yeas 111; Nays 1

Those who voted in the affirmative are:Alexander Allen AllisonAnderson Anthony AtwaterBales Ballentine BannisterBarfield Battle BedingfieldBikas Bingham BowenBrady Branham BrannonBrantley H. B. Brown R. L. BrownButler Garrick Chumley Clemmons

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Clyburn Cobb-Hunter ColeCorbin Crawford CrosbyDaning Delleney DillardEdge Erickson ForresterFrye Funderburk GambrellGilliard Govan HamiltonHardwick Harrell HarrisonHart Hayes HearnHenderson Herbkersman HiottHixon Hodges HorneHosey Howard HugginsJefferson Johnson KnightLimehouse Loftis LongLowe Lucas MackMcCoy McEachern McLeodMerrill Mitchell D. C. MossV. S. Moss Munnerlyn MurphyNanney J. H. Neal J. M. NealNeilson Ott OwensParker Parks PinsonPitts Quinn RyanSabb Sandifer SimrillSkelton G. M. Smith J. E. SmithJ. R. Smith Sottile SpiresStavrinakis Stringer TallonTaylor Thayer TooleTribble Vick ViersWeeks Whipper WhiteWhitmire Williams Young

Total--111


Total--1


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VETO 4-- OVERRIDDEN

Veto 4 Part IA, Section 50; Page 175; Law Enforcement Training Council; I. Administration; Special Item; ETV-State & Local Training of Law Enforcement; $574,244.


Yeas 107; Nays 0

Those who voted in the affirmative are:Alexander Allen AndersonAnthony Bales BallentineBannister Barfield BattleBedingfield Bikas BinghamBowen Brady BranhamBrannon Brantley H. B. BrownR. L. Brown Butler Garrick ChumleyClemmons Clyburn Cobb-HunterCole Corbin CrawfordCrosby Delleney DillardErickson Forrester FryeFunderburk Gambrell GilliardGovan Hamilton HardwickHarrell Harrison HartHayes Hearn HendersonHerbkersman Hiott HixonHodges Horne HoseyHoward Huggins JeffersonJohnson Knight LimehouseLoftis Long LoweLucas Mack McCoyMcEachern McLeod MerrillMitchell D. C. Moss V. S. MossMunnerlyn Murphy NanneyJ. H. Neal J. M. Neal NeilsonNorman Ott OwensParker Parks PinsonPitts Quinn RyanSabb Sandifer Simrill

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Skelton G. M. Smith J. E. SmithJ. R. Smith Sottile SpiresStavrinakis Stringer TallonTaylor Thayer TooleTribble Vick ViersWhipper White WhitmireWilliams Young

Total--107


Total--0



Veto 20 Part IA, Section 80A; Page 253; Budget and Control Board; II. Operations and Executive Training; B. Internal Operations; Special Item; ETV Coverage; $513,269.


Yeas 108; Nays 1

Those who voted in the affirmative are:Alexander Allen AllisonAnderson Anthony AtwaterBales Ballentine BannisterBarfield Battle BedingfieldBikas Bingham BowenBrady Branham BrannonBrantley H. B. Brown R. L. BrownButler Garrick Chumley ClemmonsClyburn Cobb-Hunter ColeCorbin Crawford DaningDelleney Dillard EricksonForrester Frye Funderburk

5663


Gambrell Gilliard GovanHamilton Hardwick HarrellHarrison Hart HayesHearn Henderson HerbkersmanHiott Hixon HodgesHorne Hosey HowardHuggins Jefferson JohnsonKnight Limehouse LoftisLong Lowe LucasMack McCoy McEachernMcLeod Merrill MitchellD. C. Moss V. S. Moss MunnerlynMurphy Nanney J. H. NealNeilson Ott OwensParker Parks PinsonPitts Quinn RyanSabb Sandifer SimrillSkelton G. M. Smith J. E. SmithJ. R. Smith Sottile SpiresStavrinakis Stringer TallonTaylor Thayer TooleTribble Vick ViersWeeks Whipper WhiteWhitmire Williams Young

Total--108


Total--1


VETO 1-- DEBATE ADJOURNED

Veto 1 Part IA, Section 1; Page 2; Department of Education; Section V. Standards and Learning; Special Items; High Schools That Work; $1,403,145.

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Rep. WHITE moved to adjourn debate on the veto, which was agreed to.

VETO 2-- OVERRIDDEN

Veto 2 Part IA, Section 1; Page 2; Department of Education; V. Standards and Learning; Special Items; High Schools That Work; $1,403,145.



Yeas 82; Nays 28

Those who voted in the affirmative are:Alexander Allen AllisonAnderson Anthony BalesBannister Barfield BattleBikas Bingham BowenBrady Branham BrannonBrantley H. B. Brown R. L. BrownButler Garrick Clyburn Cobb-HunterCole Crosby DaningDillard Edge EricksonForrester Funderburk GambrellGilliard Govan HardwickHarrell Harrison HartHearn Henderson HiottHixon Hodges HorneHosey Howard JeffersonJohnson Knight LoftisMack McEachern McLeodMerrill Mitchell D. C. MossV. S. Moss Munnerlyn MurphyJ. H. Neal J. M. Neal NeilsonOtt Owens ParkerParks Pinson Pitts

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Quinn Sabb SandiferSkelton J. E. Smith SottileSpires Stavrinakis TallonThayer Tribble WeeksWhipper White WhitmireWilliams

Total--82

Those who voted in the negative are:Atwater Ballentine BedingfieldChumley Clemmons CorbinCrawford Delleney FryeHamilton Herbkersman HugginsLimehouse Long LoweLucas McCoy NanneyNorman Ryan SimrillG. M. Smith J. R. Smith StringerTaylor Toole ViersYoung

Total--28


VETO 5-- OVERRIDDEN

Veto 5 Part IA, Section 2; Page 14; Lottery Expenditure Account; I. Lottery Expenditure Account; Special Items; Unclaimed Prizes; $12,400,000.



Yeas 103; Nays 6

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Those who voted in the affirmative are:Alexander Allen AllisonAnderson Anthony AtwaterBales Bannister BarfieldBattle Bedingfield BikasBingham Bowen BradyBranham Brannon H. B. BrownR. L. Brown Butler Garrick ChumleyClyburn Cobb-Hunter ColeCrawford Crosby DaningDelleney Dillard EricksonForrester Frye FunderburkGambrell Gilliard GovanHamilton Hardwick HarrellHarrison Hart HayesHearn Henderson HerbkersmanHiott Hixon HodgesHorne Hosey HowardJefferson Johnson KnightLimehouse Loftis LongLowe Lucas MackMcCoy McEachern McLeodMerrill Mitchell D. C. MossV. S. Moss Munnerlyn MurphyNanney J. H. Neal J. M. NealNeilson Ott OwensParker Parks PinsonPitts Quinn RyanSabb Sandifer SimrillSkelton G. M. Smith J. E. SmithJ. R. Smith Sottile SpiresStavrinakis Stringer TallonTaylor Thayer TooleTribble Weeks WhipperWhite Whitmire WilliamsYoung

Total--103

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Those who voted in the negative are:Ballentine Clemmons CorbinEdge Norman Viers

Total--6



Veto 19 Part IA, Section 54, Page 188, Human Affairs Commission; I. Administration; Personal Service; Classified Positions; $269,759.



Yeas 72; Nays 36

Those who voted in the affirmative are:Alexander Allen AndersonAnthony Bales BannisterBarfield Battle BikasBingham Bowen BradyBranham Brannon BrantleyH. B. Brown R. L. Brown Butler GarrickClyburn Cobb-Hunter DaningDelleney Dillard ForresterFunderburk Gambrell GilliardGovan Harrell HartHayes Herbkersman HiottHixon Hodges HoseyHoward Jefferson JohnsonKnight Loftis LoweMack McEachern McLeodMitchell D. C. Moss V. S. MossMunnerlyn Murphy J. H. NealJ. M. Neal Neilson OttOwens Parker Parks

5668


Pitts Sabb SkeltonJ. E. Smith J. R. Smith SpiresStavrinakis Tallon TaylorTribble Vick WeeksWhipper White Williams

Total--72

Those who voted in the negative are:Allison Atwater BallentineBedingfield Chumley ClemmonsCole Corbin CrawfordCrosby Edge EricksonFrye Hamilton HardwickHearn Limehouse LongLucas McCoy MerrillNanney Norman PinsonQuinn Ryan SandiferSimrill G. M. Smith SottileStringer Thayer TooleViers Whitmire Young

Total--36


VETO 6-- OVERRIDDEN

Veto 6 Part IA, Section 6; Page 25; Commission on Higher Education; I. Administration; Special Items; Greenville Technical College – University Center; $594,390.



Yeas 78; Nays 31

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Those who voted in the affirmative are:Alexander Allen AndersonAnthony Bales BannisterBattle Bedingfield BikasBingham Bowen BradyBranham Brannon BrantleyH. B. Brown R. L. Brown Butler GarrickChumley Clyburn Cobb-HunterCole Corbin CrosbyDaning Dillard ForresterFunderburk Gambrell GilliardGovan Hamilton HarrellHarrison Hart HayesHenderson Hiott HodgesHorne Hosey HowardJefferson Johnson KnightLimehouse Loftis MackMcCoy McEachern McLeodMerrill Mitchell D. C. MossV. S. Moss Munnerlyn MurphyNanney J. H. Neal J. M. NealNeilson Ott OwensParks Pitts RutherfordSabb Sandifer SkeltonJ. E. Smith Sottile StavrinakisTribble Vick WeeksWhipper White Williams

Total--78

Those who voted in the negative are:Allison Atwater BallentineBarfield Clemmons CrawfordDelleney Edge EricksonFrye Hixon HugginsLong Lowe LucasNorman Parker PinsonQuinn Ryan SimrillG. M. Smith J. R. Smith SpiresTallon Taylor Thayer

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Toole Viers WhitmireYoung

Total--31


VETO 7-- OVERRIDDEN

Veto 7 Part IA, Section 6; Page 25; Commission on Higher Education; I. Administration; Special Items; University Center of Greenville - Operations; $1,084,899.



Yeas 89; Nays 22

Those who voted in the affirmative are:Alexander Allen AllisonAnderson Anthony BalesBannister Barfield BattleBedingfield Bikas BinghamBowen Brady BranhamBrannon Brantley H. B. BrownR. L. Brown Butler Garrick ChumleyClyburn Cobb-Hunter ColeCorbin Crosby DaningDillard Forrester FunderburkGambrell Gilliard GovanHamilton Hardwick HarrellHarrison Hart HayesHearn Henderson HiottHixon Hodges HorneHosey Howard JeffersonJohnson Knight LimehouseLoftis Mack McCoyMcEachern McLeod Merrill

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Mitchell D. C. Moss V. S. MossMunnerlyn Murphy NanneyJ. H. Neal J. M. Neal NeilsonOtt Owens ParkerParks Pinson PittsRutherford Sabb SkeltonG. M. Smith J. E. Smith SottileSpires Stavrinakis TallonTaylor Thayer TribbleVick Weeks WhipperWhite Williams

Total--89

Those who voted in the negative are:Atwater Ballentine ClemmonsCrawford Delleney EdgeErickson Frye HugginsLong Lowe LucasNorman Quinn RyanSandifer Simrill J. R. SmithToole Viers WhitmireYoung

Total--22


VETO 8-- OVERRIDDEN

Veto 8 Part IA, Section 6; Page 25; Commission on Higher Education; I. Administration; Special Items; Lowcountry Graduate Center; $785,099.



Yeas 89; Nays 22

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Those who voted in the affirmative are:Alexander Allen AllisonAnderson Anthony BalesBannister Battle BedingfieldBikas Bingham BowenBrady Branham BrannonBrantley H. B. Brown R. L. BrownButler Garrick Chumley ClyburnCobb-Hunter Cole CorbinCrosby Daning DillardForrester Funderburk GambrellGilliard Govan HamiltonHardwick Harrell HarrisonHart Hayes HearnHenderson Hiott HixonHodges Horne HoseyHoward Jefferson JohnsonKnight Limehouse LoftisMack McCoy McEachernMcLeod Merrill MitchellD. C. Moss V. S. Moss MunnerlynMurphy Nanney J. H. NealJ. M. Neal Neilson OttOwens Parker ParksPinson Pitts RutherfordSabb Simrill SkeltonG. M. Smith J. E. Smith SottileSpires Stavrinakis StringerTallon Taylor TribbleVick Weeks WhipperWhite Williams

Total--89

Those who voted in the negative are:Atwater Ballentine BarfieldClemmons Crawford DelleneyEdge Erickson FryeHuggins Long LoweLucas Norman QuinnSandifer J. R. Smith Thayer

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Toole Viers WhitmireYoung

Total--22


VETO 9-- SUSTAINED

Veto 9 Part IA, Section 6; Page 25; Commission on Higher Education; I. Administration; Special Items; NFTE; $118,297.



Yeas 52; Nays 59

Those who voted in the affirmative are:Allen Anderson AnthonyBales Bannister BattleBrady Branham BrannonBrantley H. B. Brown R. L. BrownButler Garrick Clyburn Cobb-HunterDillard Funderburk GilliardGovan Harrell HarrisonHart Hayes HodgesHosey Howard JeffersonJohnson Knight MackMcEachern McLeod MitchellD. C. Moss V. S. Moss MunnerlynJ. H. Neal J. M. Neal NeilsonOtt Parks RutherfordSabb Skelton J. E. SmithStavrinakis Tribble VickWeeks Whipper WhiteWilliams

Total--52

5674


Those who voted in the negative are:Allison Atwater BallentineBarfield Bedingfield BikasBingham Bowen ChumleyClemmons Cole CorbinCrawford Crosby DaningDelleney Edge EricksonForrester Frye GambrellHamilton Hardwick HearnHenderson Herbkersman HiottHixon Horne HugginsLimehouse Loftis LongLowe Lucas McCoyMerrill Murphy NanneyNorman Owens PinsonPitts Quinn RyanSandifer Simrill G. M. SmithJ. R. Smith Sottile SpiresStringer Tallon TaylorThayer Toole ViersWhitmire Young

Total--59

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

VETO 10-- SUSTAINED

Veto 10 Part IA, Section 6; Page 25; Commission on Higher Education; II. Service Programs; Special Items; EPSCOR; $40,329.



Yeas 52; Nays 58

5675


Those who voted in the affirmative are:Alexander Allen AndersonBales Bannister BattleBrady Branham BrannonBrantley H. B. Brown R. L. BrownButler Garrick Clyburn Cobb-HunterDillard Funderburk GilliardGovan Harrison HayesHiott Hodges HorneHosey Howard JeffersonJohnson Knight MackMcEachern McLeod MitchellD. C. Moss V. S. Moss MunnerlynMurphy J. H. Neal J. M. NealNeilson Ott ParksRutherford Sabb SkeltonJ. E. Smith Sottile StavrinakisVick Weeks WhiteWilliams

Total--52

Those who voted in the negative are:Allison Anthony AtwaterBallentine Barfield BedingfieldBikas Bingham BowenChumley Clemmons ColeCorbin Crawford CrosbyDaning Delleney EdgeErickson Forrester FryeGambrell Hamilton HardwickHarrell Hearn HendersonHixon Huggins LimehouseLoftis Long LoweLucas McCoy MerrillNanney Norman OwensParker Pinson PittsQuinn Ryan SandiferSimrill G. M. Smith J. R. SmithSpires Stringer TallonTaylor Thayer Toole

5676


Tribble Viers WhitmireYoung

Total--58


VETO 11-- SUSTAINED

Veto 11 Part IA, Section 6; Page 27; Commission on Higher Education; V. Total Higher Education Awareness Program; $179,856.



Yeas 50; Nays 62

Those who voted in the affirmative are:Allen Allison AndersonBales Battle BradyBranham Brannon BrantleyH. B. Brown R. L. Brown Butler GarrickClyburn Cobb-Hunter DillardFunderburk Gilliard GovanHarrison Hart HayesHodges Horne HoseyHoward Jefferson JohnsonKnight Mack McEachernMcLeod Mitchell MunnerlynJ. H. Neal J. M. Neal OttParker Parks PittsRutherford Sabb SkeltonJ. E. Smith Stavrinakis TribbleVick Weeks WhipperWhite Williams

Total--50

5677


Those who voted in the negative are:Anthony Atwater BallentineBannister Barfield BedingfieldBikas Bingham BowenChumley Clemmons ColeCorbin Crawford CrosbyDaning Delleney EdgeErickson Forrester FryeGambrell Hamilton HardwickHarrell Hearn HendersonHiott Hixon HugginsLimehouse Loftis LongLowe Lucas McCoyMerrill D. C. Moss V. S. MossMurphy Nanney NeilsonNorman Owens PinsonQuinn Ryan SandiferSimrill G. M. Smith J. R. SmithSottile Spires StringerTallon Taylor ThayerToole Viers WhitmireWillis Young

Total--62



Veto 12 Part IA, Section 15A; Page 44; University of South Carolina; I. University of South Carolina; A. USC - Non-Medicine; Special Items; Small Business Development Center; $491,734.


Rep. J. E. SMITH spoke against the Veto.

5678



Yeas 96; Nays 16

Those who voted in the affirmative are:Allen Allison AndersonAnthony Bales BallentineBannister Barfield BattleBikas Bingham BowenBrady Branham BrannonBrantley H. B. Brown R. L. BrownButler Garrick Clemmons ClyburnCobb-Hunter Cole CrosbyDaning Dillard EdgeErickson Forrester FryeFunderburk Gambrell GilliardGovan Hamilton HardwickHarrell Harrison HartHayes Hearn HendersonHerbkersman Hiott HixonHodges Horne HoseyHoward Huggins JeffersonJohnson Knight LimehouseLoftis Long MackMcEachern McLeod MitchellD. C. Moss V. S. Moss MunnerlynMurphy J. H. Neal J. M. NealNeilson Ott OwensParker Parks PinsonPitts Quinn SabbSandifer Simrill SkeltonG. M. Smith J. E. Smith J. R. SmithSottile Spires StavrinakisTallon Taylor ThayerToole Tribble VickWeeks Whipper WhiteWhitmire Williams Young

Total--96

5679


Those who voted in the negative are:Atwater Bedingfield ChumleyCorbin Crawford DelleneyLowe Lucas McCoyMerrill Nanney NormanRyan Stringer ViersWillis

Total--16



Veto 13 Part IA, Section 17B; Page 65; Area Health Education Consortium; I. Consortium; A. General; Total Funds $5,476,127; General Funds $3,582,260.


Rep. CRAWFORD spoke against the Veto.


Yeas 108; Nays 6

Those who voted in the affirmative are:Alexander Allen AllisonAnderson Anthony AtwaterBales Bannister BarfieldBattle Bikas BinghamBowen Brady BranhamBrannon Brantley H. B. BrownR. L. Brown Butler Garrick ChumleyClemmons Clyburn Cobb-HunterCole Corbin CrawfordCrosby Daning DelleneyDillard Edge EricksonForrester Frye Funderburk

5680


Gambrell Gilliard GovanHardwick Harrell HarrisonHart Hayes HearnHenderson Herbkersman HiottHixon Hodges HorneHosey Howard HugginsJefferson Johnson KnightLimehouse Loftis LongLowe Lucas MackMcCoy McEachern McLeodMerrill Mitchell D. C. MossV. S. Moss Munnerlyn MurphyJ. H. Neal J. M. Neal NeilsonOtt Owens ParkerParks Pinson PittsQuinn Rutherford RyanSabb Sandifer SimrillSkelton G. M. Smith J. E. SmithJ. R. Smith Sottile SpiresStavrinakis Tallon TaylorThayer Toole TribbleVick Viers WeeksWhipper White WhitmireWilliams Willis Young

Total--108

Those who voted in the negative are:Ballentine Bedingfield HamiltonNanney Norman Stringer

Total--6



Veto 14 Part IA, Section 22; Page 85; Department of Health and Environmental Control; II. Programs and Services; F. Health Care

5681


Standards; 2. Total Facility/Service Development; Total Funds $6,120,203; General Funds $411,317.


Rep. G. M. SMITH spoke against the Veto.Rep. CRAWFORD spoke against the Veto.


Yeas 109; Nays 1

Those who voted in the affirmative are:Alexander Allen AllisonAnderson Anthony AtwaterBales Ballentine BannisterBarfield Battle BedingfieldBikas Bingham BowenBrady Branham BrannonBrantley H. B. Brown R. L. BrownButler Garrick Chumley ClemmonsClyburn Cobb-Hunter ColeCorbin Crawford CrosbyDaning Delleney DillardErickson Forrester FryeFunderburk Gambrell GilliardGovan Hamilton HardwickHarrell Harrison HartHayes Hearn HendersonHiott Hixon HodgesHorne Hosey HowardHuggins Jefferson JohnsonKnight Limehouse LoftisLong Lowe LucasMcCoy McEachern McLeodMerrill Mitchell D. C. MossV. S. Moss Munnerlyn MurphyNanney J. H. Neal J. M. NealNeilson Ott OwensParks Pinson Pitts

5682


Quinn Rutherford RyanSabb Sandifer SimrillSkelton G. M. Smith J. E. SmithJ. R. Smith Sottile SpiresStavrinakis Stringer TallonTaylor Thayer TooleTribble Vick ViersWeeks Whipper WhiteWhitmire Williams WillisYoung

Total--109


Total--1



Veto 15 Part IA, Section 30; Page 120; Arts Commission; Total Funds $3,605,566; General Funds $1,927,795.


Rep. STAVRINAKIS spoke against the Veto.


Yeas 105; Nays 8

Those who voted in the affirmative are:Alexander Allen AllisonAnderson Anthony BalesBallentine Bannister BarfieldBattle Bedingfield BikasBingham Bowen Brady

5683


Branham Brannon BrantleyH. B. Brown R. L. Brown Butler GarrickClyburn Cobb-Hunter ColeCrawford Crosby DaningDelleney Dillard EricksonForrester Frye FunderburkGambrell Gilliard GovanHamilton Hardwick HarrellHarrison Hart HayesHearn Henderson HerbkersmanHiott Hixon HodgesHorne Hosey HowardHuggins Jefferson JohnsonKnight Limehouse LoftisLowe Lucas MackMcCoy McEachern McLeodMerrill Mitchell D. C. MossV. S. Moss Munnerlyn MurphyNanney J. H. Neal J. M. NealNeilson Ott OwensParker Parks PinsonPitts Quinn RutherfordRyan Sabb SandiferSimrill Skelton G. M. SmithJ. E. Smith J. R. Smith SottileSpires Stavrinakis StringerTallon Taylor TooleTribble Vick WeeksWhipper White WhitmireWilliams Willis Young

Total--105

Those who voted in the negative are:Atwater Chumley ClemmonsCorbin Edge NormanThayer Viers

Total--8

5684




Veto 16 Part IA, Section 35; Page 134; Clemson University (Public Service Activities); III. Agricultural Research; Total Funds $15,350,935; General Funds $8,952,812.


Rep. SKELTON spoke against the Veto.Rep. TOOLE spoke against the Veto.Rep. J. H. NEAL spoke against the Veto.Rep. GOVAN spoke against the Veto.Rep. GAMBRELL spoke against the Veto.


Yeas 106; Nays 3

Those who voted in the affirmative are:Allen Allison AndersonAnthony Atwater BalesBannister Barfield BattleBedingfield Bikas BinghamBrady Branham BrannonBrantley H. B. Brown R. L. BrownButler Garrick Chumley ClemmonsClyburn Cobb-Hunter ColeCorbin Crawford CrosbyDaning Delleney DillardEdge Erickson ForresterFrye Funderburk GambrellGilliard Govan HamiltonHardwick Harrell HarrisonHart Hayes HearnHenderson Herbkersman HiottHixon Hodges HorneHosey Howard Huggins

5685


Jefferson Johnson KnightLimehouse Loftis LongLowe Lucas MackMcCoy McEachern McLeodMerrill Mitchell D. C. MossV. S. Moss Munnerlyn MurphyNanney J. H. Neal J. M. NealNeilson Ott OwensParker Parks PinsonPitts Quinn RutherfordSabb Simrill SkeltonG. M. Smith J. E. Smith J. R. SmithSottile Stavrinakis StringerTallon Taylor ThayerToole Tribble VickViers Weeks WhiteWhitmire Williams WillisYoung

Total--106

Those who voted in the negative are:Ballentine Norman Ryan

Total--3


RECORD FOR VOTINGI was out of the Chamber in a meeting during the vote on Veto

No. 16 on H. 3700, the General Appropriation Bill. If I had been present, I would have definitely voted to override the Governor’s veto on this very important budget item. I believe that it is critically important for us to continue to fund Clemson University (Public Service Activities); III. Agricultural Research.

Rep. William E. Sandifer III

5686



Veto 17 Part IA, Section 38; Page 146; Sea Grant Consortium; Total Funds $6,929,892; General Funds $327,392.


Rep. EDGE spoke against the Veto.Rep. CRAWFORD spoke against the Veto.


Yeas 103; Nays 10

Those who voted in the affirmative are:Alexander Allen AllisonAnderson Anthony AtwaterBales Bannister BarfieldBattle Bikas BinghamBowen Brady BranhamBrannon Brantley H. B. BrownR. L. Brown Butler Garrick ChumleyClemmons Clyburn Cobb-HunterCole Crawford CrosbyDaning Delleney DillardEdge Erickson ForresterFrye Funderburk GambrellGilliard Govan HamiltonHardwick Harrell HartHayes Hearn HendersonHerbkersman Hiott HixonHodges Horne HoseyHoward Huggins JeffersonJohnson Knight LimehouseLoftis Long LoweMack McCoy McEachernMcLeod Merrill MitchellD. C. Moss V. S. Moss MunnerlynMurphy J. H. Neal J. M. NealNeilson Ott Parker

5687


Parks Pinson PittsQuinn Rutherford RyanSabb Sandifer SimrillSkelton G. M. Smith J. E. SmithJ. R. Smith Sottile SpiresStavrinakis Stringer TallonTaylor Toole TribbleVick Weeks WhipperWhite Whitmire WilliamsYoung

Total--103

Those who voted in the negative are:Ballentine Bedingfield CorbinLucas Nanney NormanOwens Thayer ViersWillis

Total--10



Veto 21 Part IA, Section 80A; Page 262; Budget and Control Board; VII. Insurance and Grants Division; C. Office of Local Government; 2. State Revolving Fund; B. Loans; Special Items; Loans; Total Funds $1, 578, 385; General Funds $878,385.



Yeas 85; Nays 27

Those who voted in the affirmative are:Alexander Allen AllisonAnderson Anthony Bales

5688


Bannister Battle BinghamBowen Brady BrannonBrantley H. B. Brown R. L. BrownButler Garrick Clyburn Cobb-HunterCole Crosby DaningDelleney Dillard EdgeErickson Forrester FryeFunderburk Gambrell GilliardGovan Hardwick HarrellHarrison Hart HayesHearn Henderson HerbkersmanHiott Hodges HorneHosey Howard JeffersonJohnson Knight LucasMack McEachern McLeodMerrill Mitchell D. C. MossV. S. Moss Munnerlyn MurphyJ. H. Neal J. M. Neal NeilsonOtt Owens ParkerParks Pinson PittsQuinn Rutherford SabbSkelton J. E. Smith J. R. SmithSottile Spires StavrinakisStringer Tallon ThayerTribble Vick WeeksWhipper White WhitmireWilliams

Total--85

Those who voted in the negative are:Atwater Ballentine BarfieldBedingfield Bikas ChumleyClemmons Corbin CrawfordHamilton Hixon HugginsLimehouse Long LoweMcCoy Nanney NormanRyan Sandifer SimrillG. M. Smith Taylor TooleViers Willis Young

5689


Total--27


VETO 22-- SUSTAINED

Veto 22 Part IB, Section 6.24; Page 333; Commission on Higher Education: Scholarships Funded from Unclaimed Capital Credits.



Yeas 1; Nays 107

Those who voted in the affirmative are:Bales

Total--1

Those who voted in the negative are:Alexander Allen AllisonAnderson Anthony AtwaterBallentine Barfield BattleBedingfield Bikas BinghamBowen Brady BrannonH. B. Brown R. L. Brown Butler GarrickChumley Clemmons ClyburnCobb-Hunter Corbin CrawfordCrosby Daning DelleneyDillard Edge EricksonForrester Frye FunderburkGambrell Gilliard GovanHamilton Hardwick HarrellHart Hayes HearnHenderson Herbkersman HiottHixon Horne HoseyHoward Huggins JeffersonJohnson Knight Limehouse

5690


Loftis Long LoweLucas Mack McCoyMcEachern McLeod MerrillMitchell D. C. Moss V. S. MossMunnerlyn Murphy NanneyJ. H. Neal J. M. Neal NeilsonNorman Ott OwensParker Parks PinsonPitts Quinn RutherfordRyan Sabb SandiferSimrill Skelton G. M. SmithJ. E. Smith J. R. Smith SottileSpires Stavrinakis StringerTallon Taylor ThayerToole Tribble VickViers Weeks WhipperWhite Whitmire WilliamsWillis Young

Total--107


VETO 23-- SUSTAINED

Veto 23 Part IB, Section 76.13; Page 414-415; Office of State Treasurer: Economic Development Unclaimed Capital Credits.



Yeas 0; Nays 99

Those who voted in the affirmative are:

Total--0

5691


Those who voted in the negative are:Alexander Allen AndersonAnthony Atwater BallentineBarfield Battle BedingfieldBikas Bingham BowenBrady Brannon H. B. BrownR. L. Brown Butler Garrick ChumleyClemmons Clyburn Cobb-HunterCorbin Crawford CrosbyDaning Delleney DillardEdge Erickson ForresterFrye Funderburk GambrellGovan Hamilton HardwickHarrell Hart HayesHearn Henderson HiottHixon Horne HoseyHuggins Jefferson JohnsonKnight Limehouse LoftisLong Lowe LucasMack McCoy McEachernMcLeod Merrill MitchellD. C. Moss V. S. Moss MunnerlynMurphy Nanney J. M. NealNeilson Norman OttOwens Parker ParksPinson Pitts QuinnRyan Sabb SandiferSimrill Skelton G. M. SmithJ. R. Smith Sottile SpiresStavrinakis Stringer TallonTaylor Thayer TooleTribble Vick ViersWeeks White WhitmireWilliams Willis Young

Total--99


5692



Veto 24 Part IB, Section 22.48; Page 351; Department of Health and Environmental Control: SCHIDS.



Yeas 93; Nays 17

Those who voted in the affirmative are:Alexander Allen AllisonAnderson Anthony AtwaterBales Ballentine BannisterBarfield Battle BikasBingham Bowen BradyBrannon Brantley H. B. BrownR. L. Brown Butler Garrick ClyburnCobb-Hunter Crawford CrosbyDaning Delleney DillardErickson Forrester FryeFunderburk Gambrell GilliardGovan Hardwick HarrellHart Hayes HearnHenderson Herbkersman HiottHixon Hodges HorneHosey Howard HugginsJefferson Johnson KnightLimehouse Loftis LongMack McEachern McLeodMerrill Mitchell D. C. MossV. S. Moss Munnerlyn MurphyJ. H. Neal J. M. Neal NeilsonOtt Owens ParkerParks Pinson PittsQuinn Rutherford SabbSandifer Skelton J. E. SmithJ. R. Smith Sottile SpiresStavrinakis Tallon Taylor

5693


Thayer Toole TribbleVick Weeks WhipperWhite Whitmire Williams

Total--93


Bedingfield Clemmons CorbinEdge Hamilton LoweLucas McCoy NanneyNorman Ryan SimrillG. M. Smith Stringer ViersWillis Young

Total--17


VETO 25-- SUSTAINED

Veto 25 Part IB, Section 65.10; Page 397; Department of Labor, Licensing and Regulation; South Carolina Emergency Response Task Force/State Urban Search and Rescue Program.



Yeas 2; Nays 105

Those who voted in the affirmative are:Battle Rutherford

Total--2

Those who voted in the negative are:Alexander Allen AllisonAnderson Anthony Atwater

5694


Ballentine Bannister BarfieldBedingfield Bikas BinghamBowen Brady BrannonH. B. Brown R. L. Brown Butler GarrickChumley Clemmons ClyburnCobb-Hunter Cole CorbinCrawford Crosby DaningDelleney Dillard EdgeErickson Forrester FryeFunderburk Gambrell GilliardGovan Hamilton HardwickHarrell Harrison HartHayes Hearn HerbkersmanHiott Hixon HorneHosey Howard HugginsJefferson Johnson KnightLimehouse Loftis LongLowe Lucas MackMcCoy McEachern McLeodMerrill Mitchell D. C. MossV. S. Moss Munnerlyn MurphyNanney J. H. Neal J. M. NealNeilson Norman OttOwens Parker ParksPinson Pitts QuinnRyan Sabb SandiferSimrill Skelton G. M. SmithJ. R. Smith Sottile SpiresStavrinakis Stringer TallonTaylor Thayer TooleTribble Vick ViersWeeks Whipper WhitmireWilliams Willis Young

Total--105


5695


VETO 26-- SUSTAINED

Veto 26 Part IB, Section 76.14; Page 415; Office of State Treasurer; Audit Finding Follow-Up.

Rep. G. M. SMITH explained the Veto.

Rep. MERRILL spoke in favor of the Veto.


Yeas 18; Nays 93

Those who voted in the affirmative are:Bales Brantley H. B. BrownR. L. Brown Butler Garrick ClyburnCobb-Hunter Crosby DelleneyDillard Gilliard HodgesJefferson Knight J. H. NealOtt Rutherford Stavrinakis

Total--18

Those who voted in the negative are:Alexander Allen AllisonAnderson Anthony AtwaterBallentine Bannister BarfieldBattle Bedingfield BikasBingham Bowen BradyBranham Brannon ChumleyClemmons Cole CorbinCrawford Edge EricksonForrester Frye FunderburkGambrell Govan HamiltonHardwick Harrell HarrisonHayes Hearn HendersonHerbkersman Hiott HixonHorne Hosey HowardHuggins Johnson LimehouseLong Lowe Lucas

5696


Mack McCoy McEachernMcLeod Merrill MitchellD. C. Moss V. S. Moss MunnerlynMurphy Nanney J. M. NealNeilson Norman OwensParker Parks PinsonPitts Quinn RyanSabb Sandifer SimrillSkelton G. M. Smith J. E. SmithJ. R. Smith Sottile SpiresStringer Tallon TaylorThayer Toole TribbleVick Viers WeeksWhipper White WhitmireWilliams Willis Young

Total--93


VETO 29-- SUSTAINED

Veto 29 Part IB, Section 86.10; Page 431; Aid to Subdivisions, State Treasurer; Speed Camera Citations Restriction.



Yeas 0; Nays 110

Those who voted in the affirmative are:

Total--0

Those who voted in the negative are:Alexander Allen AllisonAnderson Anthony AtwaterBales Ballentine Barfield

5697


Battle Bedingfield BikasBingham Bowen BradyBranham Brannon BrantleyH. B. Brown R. L. Brown Butler GarrickChumley Clemmons ClyburnCobb-Hunter Cole CorbinCrawford Crosby DaningDelleney Dillard EdgeErickson Forrester FryeFunderburk Gambrell GilliardGovan Hamilton HardwickHarrell Harrison HartHayes Hearn HendersonHerbkersman Hiott HixonHorne Hosey HowardHuggins Jefferson JohnsonKnight Limehouse LoftisLong Lowe LucasMcCoy McEachern McLeodMerrill Mitchell D. C. MossV. S. Moss Munnerlyn MurphyNanney J. H. Neal J. M. NealNeilson Norman OttOwens Parker PinsonPitts Quinn RutherfordRyan Sabb SandiferSimrill Skelton G. M. SmithJ. E. Smith J. R. Smith SottileSpires Stavrinakis StringerTallon Taylor ThayerToole Tribble VickViers Weeks WhipperWhite Whitmire WilliamsWillis Young

Total--110


5698



Veto 30 Part IB, Section 89.87; Page 458; General Provisions; Conservation Bank Funding LLR.



Yeas 94; Nays 16

Those who voted in the affirmative are:Alexander Allen AllisonAnderson Anthony AtwaterBales Ballentine BannisterBarfield Battle BinghamBowen Brady BranhamBrannon Brantley H. B. BrownR. L. Brown Butler Garrick ClyburnCobb-Hunter Cole CrawfordCrosby Dillard EricksonForrester Funderburk GambrellGilliard Govan HardwickHarrell Harrison HartHayes Hearn HerbkersmanHiott Hixon HodgesHorne Hosey HowardHuggins Jefferson JohnsonKnight Limehouse LoftisLong Lowe LucasMcCoy McEachern McLeodMerrill Mitchell D. C. MossV. S. Moss Munnerlyn MurphyJ. H. Neal J. M. Neal NeilsonOtt Parker ParksPinson Pitts QuinnRutherford Ryan SabbSimrill Skelton G. M. SmithJ. E. Smith J. R. Smith SottileSpires Stavrinakis Tallon

5699


Taylor Toole TribbleVick Weeks WhipperWhite Whitmire WilliamsYoung

Total--94

Those who voted in the negative are:Bedingfield Bikas ChumleyClemmons Corbin DelleneyEdge Frye HamiltonNanney Norman OwensSandifer Stringer ViersWillis

Total--16



Veto 31 Part IB, Section 90.22; Page 476; Statewide Revenue: Excess FY11-12 Revenue – SC Conservation Bank; $2,000,000.

Rep. PITTS explained the Veto.


Yeas 90; Nays 20

Those who voted in the affirmative are:Alexander Allen AllisonAnderson Anthony AtwaterBales Ballentine BannisterBarfield Battle BinghamBowen Brady BranhamBrannon Brantley H. B. BrownR. L. Brown Butler Garrick ClyburnCobb-Hunter Cole Crosby

5700


Daning Dillard EricksonForrester Funderburk GambrellGilliard Govan HardwickHarrell Harrison HartHayes Hearn HerbkersmanHiott Hixon HodgesHorne Hosey HugginsJefferson Johnson KnightLowe Mack McCoyMcEachern McLeod MerrillMitchell D. C. Moss V. S. MossMunnerlyn Murphy J. H. NealJ. M. Neal Neilson OttParker Parks PinsonPitts Quinn RutherfordRyan Sabb SkeltonG. M. Smith J. E. Smith J. R. SmithSottile Spires StavrinakisTallon Taylor TooleTribble Vick WeeksWhipper White WhitmireWilliams Willis Young

Total--90

Those who voted in the negative are:Bedingfield Bikas ChumleyClemmons Corbin CrawfordDelleney Edge FryeHamilton Loftis LongLucas Nanney NormanOwens Sandifer SimrillStringer Viers

Total--20


5701


RECORD FOR VOTINGI would like to be recorded in favor of overriding Veto No. 31, to

H. 3700, the General Appropriation Bill, dealing with the Conservation Bank.

Rep. Chip Limehouse


Veto 33 Part IB, Section 90.18; Page 473; Statewide Revenue: Nonrecurring Revenue; Item (B)(6) Clemson University – PSA; Agency Operations; $250,000.



Yeas 92; Nays 19

Those who voted in the affirmative are:Alexander Allen AllisonAnderson Anthony AtwaterBales Bannister BarfieldBattle Bedingfield BikasBingham Bowen BradyBranham Brannon BrantleyH. B. Brown R. L. Brown Butler GarrickChumley Clemmons ClyburnCobb-Hunter Cole DelleneyDillard Edge EricksonForrester Funderburk GilliardGovan Hardwick HarrellHarrison Hart HayesHearn Henderson HerbkersmanHiott Hixon HodgesHorne Hosey HowardHuggins Jefferson JohnsonKnight Limehouse LucasMack McEachern McLeodMitchell D. C. Moss MurphyJ. H. Neal J. M. Neal Neilson

5702


Ott Owens ParkerParks Pinson PittsQuinn Rutherford SabbSandifer Skelton G. M. SmithJ. E. Smith J. R. Smith SottileSpires Stavrinakis StringerTallon Taylor TooleTribble Vick WeeksWhipper White WhitmireWilliams Willis

Total--92

Those who voted in the negative are:Ballentine Corbin CrawfordCrosby Daning FryeHamilton Loftis LongLowe McCoy MerrillNanney Norman RyanSimrill Thayer ViersYoung

Total--19


LEAVE OF ABSENCEThe SPEAKER granted Rep. GOVAN a leave of absence for the

remainder of the day.


Veto 34 Part IB, Section 90.18; Page 473; Statewide Revenue: Nonrecurring Revenue; Item (B)(9) Department of Health and Environmental Control; Donate Life; $100,000.

Rep. CRAWFORD explained the Veto.

Rep. EDGE spoke against the Veto.

5703



Yeas 95; Nays 16

Those who voted in the affirmative are:Allen Allison AndersonAnthony Atwater BalesBannister Barfield BattleBedingfield Bikas BinghamBowen Brady BranhamBrannon Brantley H. B. BrownR. L. Brown Butler Garrick ChumleyClyburn Cobb-Hunter ColeCrawford Crosby DelleneyDillard Edge EricksonForrester Funderburk GambrellGilliard Hamilton HardwickHarrell Harrison HartHayes Hearn HendersonHerbkersman Hiott HixonHodges Horne HoseyHoward Jefferson JohnsonKnight Limehouse LongMack McEachern McLeodMerrill Mitchell D. C. MossV. S. Moss Munnerlyn MurphyNanney J. H. Neal J. M. NealNeilson Ott OwensParker Parks PinsonPitts Rutherford SabbSimrill Skelton G. M. SmithJ. E. Smith J. R. Smith SottileSpires Stavrinakis StringerTallon Taylor TooleTribble Vick WeeksWhipper White WhitmireWilliams Young

Total--95

5704


Those who voted in the negative are:Ballentine Clemmons CorbinFrye Huggins LoftisLowe Lucas McCoyNorman Quinn RyanSandifer Thayer ViersWillis

Total--16


VETO 1-- OVERRIDDEN




Yeas 74; Nays 36

Those who voted in the affirmative are:Alexander Allen AllisonAnderson Anthony BalesBannister Battle BikasBingham Bowen BradyBranham Brannon BrantleyH. B. Brown R. L. Brown Butler GarrickClyburn Cobb-Hunter DillardEdge Forrester FunderburkGambrell Gilliard HarrellHarrison Hart HayesHenderson Hiott HodgesHorne Hosey HowardJefferson Johnson KnightLimehouse Mack McEachern

5705


McLeod Mitchell D. C. MossV. S. Moss Munnerlyn MurphyJ. H. Neal J. M. Neal NeilsonOtt Owens ParkerParks Pitts QuinnRutherford Sabb SandiferSkelton J. E. Smith SottileSpires Stavrinakis TallonTribble Vick WeeksWhipper White WhitmireWilliams Willis

Total--74

Those who voted in the negative are:Atwater Ballentine BarfieldBedingfield Chumley ClemmonsCole Corbin CrawfordCrosby Delleney EricksonFrye Hamilton HardwickHearn Herbkersman HixonHuggins Loftis LongLowe Lucas McCoyMerrill Norman PinsonRyan Simrill G. M. SmithJ. R. Smith Taylor ThayerToole Viers Young

Total--36


RECURRENCE TO THE MORNING HOURRep. WILLIAMS moved that the House recur to the Morning Hour,

which was agreed to.

5706



H. 4402 -- Reps. J. H. Neal, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR HIS EXCELLENCY CHIEF (DR.) GODSWILL AKPABIO, GOVERNOR OF AKWA IBOM STATE IN NIGERIA, FOR HIS VISIONARY WORK IN THAT COUNTRY AND TO WELCOME HIM TO SOUTH CAROLINA.



H. 4403 -- Reps. Clemmons, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clyburn, Cobb-Hunter, Cole, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe,

5707


Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR SIXTH-GRADERS MAKAYLA ARTEAGA, CHRISTIAN HANNA, BETHANY SLAYTON; THEIR COACH, MICHELLE RUTHENBERG; AND THEIR SPONSOR, RIPLEY'S AQUARIUM IN MYRTLE BEACH AND TO CONGRATULATE THEM FOR WINNING THE $25,000 COLUMBUS FOUNDATION COMMUNITY GRANT IN NATIONAL SCIENCE/COMMUNITY SERVICE COMPETITION.



H. 4404 -- Reps. Hardwick, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR ST. JAMES HIGH SCHOOL OF HORRY COUNTY, AND TO CONGRATULATE THE STUDENTS, TEACHERS, PARENTS,

5708


AND ADMINISTRATORS FOR BEING NAMED A RECIPIENT OF THE NATIONAL OUTSTANDING HIGH SCHOOLS THAT WORK AWARD.



H. 4405 -- Reps. Harrell, Erickson, Brady, Ballentine, Herbkersman, Bingham, Merrill, Huggins, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Bannister, Barfield, Battle, Bedingfield, Bikas, Bowen, Bowers, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrison, Hart, Hayes, Hearn, Henderson, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE UNIVERSITY OF SOUTH CAROLINA BASEBALL TEAM, UPON WINNING THE 2011 COLLEGE WORLD SERIES, AND TO COMMEND THE TEAM MEMBERS, COACHES, AND SCHOOL OFFICIALS FOR ANOTHER MOMENTOUS CHAMPIONSHIP SEASON.



H. 4406 -- Reps. Hart, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham,

5709


Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO CONGRATULATE MRS. MAMIE CALDONIA DYSON DAVIS ON THE OCCASION OF HER NINETY-FIFTH BIRTHDAY AND TO WISH HER CONTINUED HEALTH AND HAPPINESS.



H. 4407 -- Reps. Spires, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and

5710


Young: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE WILLIAM G. SHOCKLEY, DISTRICT 4 MAGISTRATE IN LEXINGTON COUNTY, UPON THE OCCASION OF HIS RETIREMENT FROM THE BENCH, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.



H. 4408 -- Rep. Alexander: A HOUSE RESOLUTION TO EXTEND WARMEST GREETINGS TO AUDREY T. KIRVEN OF FLORENCE COUNTY ON THE OCCASION OF HER SEVENTIETH BIRTHDAY AND TO WISH HER MANY YEARS OF HEALTH AND HAPPINESS TO COME.



H. 4409 -- Reps. Brannon and Cole: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE CONTRIBUTIONS OF THE BLUE RIDGE LOG CABINS EXECUTIVE TEAM AND EMPLOYEES, LED BY PRESIDENT AND CEO MILTON A. "CHIP" SMITH, JR., TO THE STATE'S ECONOMY, AND TO THANK THE COMPANY FOR THE OUTSTANDING WORK THAT HAS HAD SUCH A POSITIVE IMPACT ON SOUTH CAROLINA'S REPUTATION AND VISIBILITY AS AN INNOVATIVE, PRO-BUSINESS STATE WITH A HIGHLY SKILLED WORKFORCE.



H. 4410 -- Reps. G. M. Smith, Weeks, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister,

5711


Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Vick, Viers, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO HONOR KATHERINE H. RICHARDSON OF SUMTER COUNTY FOR HER EIGHTEEN YEARS OF DEDICATED SERVICE AS EXECUTIVE DIRECTOR OF THE SUMTER COUNTY MUSEUM AND TO WISH HER MUCH SUCCESS AS SHE TAKES ON HER NEW DUTIES WITH THE CAMDEN ARCHIVES AND MUSEUM.



H. 4411 -- Reps. Anderson, Agnew, Alexander, Allen, Allison, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers,

5712


Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND PRESIDING ELDER CHARLES J. GRAVES FOR HIS DISTINGUISHED CAREER AS A MINISTER AND PRESIDING ELDER OF THE AFRICAN METHODIST EPISCOPAL CHURCH UPON HIS RETIREMENT.



Columbia, S.C., June 29, 2011 Mr. Speaker and Members of the House:The Senate respectfully informs your Honorable Body that it has

adopted the new report of the Committee of Conference on S. 172:

5713


S. 172 -- Senators Rose, Fair, Leatherman, Bright, Bryant, Campsen, Knotts, O'Dell, S. Martin, Ford and McGill: A BILL TO ENACT THE “SOUTH CAROLINA HIGHER EDUCATION EFFICIENCY AND ADMINISTRATIVE POLICIES ACT OF 2011”, BY ADDING SECTION 59-101-670 SO AS TO PROVIDE THAT EACH PUBLIC INSTITUTION OF HIGHER LEARNING MUST MAINTAIN A DETAILED TRANSACTION REGISTER OF ALL FUNDS EXPENDED EACH MONTH AND POST THAT REGISTER ONLINE; BY ADDING SECTION 1-1-1040 SO AS TO PROVIDE THAT ALL STATE AGENCIES MUST HAVE A LINK ON THEIR INTERNET WEBSITE TO THE STATE AGENCY RESPONSIBLE FOR POSTING ON ITS INTERNET WEBSITE THE AGENCY’S, DEPARTMENT’S, OR INSTITUTION’S MONTHLY STATE PROCUREMENT CARD STATEMENTS, TO DIRECT THE BUDGET AND CONTROL BOARD’S STATE OFFICE OF HUMAN RESOURCES TO PARTICIPATE WITH FIVE REPRESENTATIVES SELECTED BY THE RESPECTIVE PRESIDENTS OF THE PUBLIC INSTITUTIONS OF HIGHER LEARNING AND TECHNICAL COLLEGES TO STUDY, DEVELOP, AND RECOMMEND A SEPARATE, COMPREHENSIVE HUMAN RESOURCES SYSTEM FOR THE PUBLIC INSTITUTIONS OF HIGHER LEARNING AND TECHNICAL COLLEGES; TO AMEND SECTION 2-47-50, AS AMENDED, RELATING TO PERMANENT IMPROVEMENT PROJECTS, SO AS TO DEFINE ‘PERMANENT IMPROVEMENT PROJECT’; TO AMEND SECTION 11-35-1210, RELATING TO THE STATE BUDGET AND CONTROL BOARD’S REVIEW OF DOLLAR LIMITS FOR A GOVERNMENTAL BODY’S PROCUREMENT, SO AS TO PROVIDE THAT THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, IN COORDINATION WITH THE APPROPRIATE CHIEF PROCUREMENT OFFICER, MAY APPROVE A CUMULATIVE TOTAL OF UP TO FIFTY THOUSAND DOLLARS IN ADDITIONAL PROCUREMENT AUTHORITY FOR TECHNICAL COLLEGES; TO AMEND SECTION 11-35-1550, RELATING TO BID PROCEDURES, SO AS TO PROVIDE THAT IN CERTAIN SITUATIONS, A PUBLIC INSTITUTION OF HIGHER LEARNING AND TECHNICAL COLLEGE MAY MAKE SMALL PURCHASES NOT EXCEEDING TEN THOUSAND DOLLARS WITHOUT CERTAIN PROVISIONS OF THE PROCUREMENT CODE APPLYING; TO AMEND SECTION 11-

5714


35-3310, RELATING TO INDEFINITE DELIVERY CONTRACTS, SO AS TO INCREASE CERTAIN DOLLAR LIMITS FOR PUBLIC INSTITUTIONS OF HIGHER LEARNING AND TECHNICAL COLLEGES; TO AMEND SECTION 11-35-4810, RELATING TO COOPERATIVE PURCHASING, SO AS TO EXEMPT PUBLIC INSTITUTIONS OF HIGHER LEARNING FROM THE REQUIREMENT OF THIRTY DAYS’ NOTICE OF A MULTISTATE SOLICITATION IF A COST SAVINGS IS DEMONSTRATED TO THE OFFICE OF STATE PROCUREMENT; TO AMEND SECTION 1-7-170, RELATING TO ENGAGING AN ATTORNEY ON A FEE BASIS, SO AS TO PROVIDE THAT A PUBLIC INSTITUTION OF HIGHER LEARNING SHALL ENGAGE AND COMPENSATE OUTSIDE COUNSEL IN ACCORDANCE WITH POLICIES AND PROCEDURES ADOPTED BY THE STATE BUDGET AND CONTROL BOARD FOR MATTERS OF BONDED INDEBTEDNESS, PUBLIC FINANCE, BORROWING, AND RELATED FINANCIAL MATTERS; BY ADDING SECTION 59-101-55 SO AS TO PROHIBIT STATE APPROPRIATED FUNDS FROM BEING USED TO PROVIDE OUT OF STATE SUBSIDIES TO STUDENTS ATTENDING STATE SUPPORTED INSTITUTIONS OF HIGHER LEARNING; BY ADDING SECTION 59-112-115 SO AS TO PROVIDE THAT WHEN THE GOVERNING BOARD OF A PUBLIC INSTITUTION OF HIGHER LEARNING OR TECHNICAL COLLEGE ADOPTS A CHANGE TO THE TUITION OR FEES IMPOSED ON STUDENTS, THE CHANGE MAY BE IMPLEMENTED ONLY AFTER A PUBLIC VOTE WITH THE NUMBER OF TRUSTEES OR LOCAL AREA COMMISSIONERS VOTING FOR AND AGAINST THE CHANGE BEING COUNTED; BY ADDING SECTION 8-11-162 SO AS TO PROVIDE THAT TECHNICAL COLLEGE PRESIDENTS ARE COVERED BY THE AUTHORITY OF THE AGENCY HEAD SALARY COMMISSION; TO AMEND SECTION 1-11-55, RELATING TO THE LEASING OF REAL PROPERTY FOR GOVERNMENTAL BODIES, SO AS TO PROVIDE THAT A TECHNICAL COLLEGE, WITH THE APPROVAL OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, AND A PUBLIC INSTITUTION OF HIGHER LEARNING, MAY ENTER INTO ANY LEASE AGREEMENT OR RENEW ANY LEASE AGREEMENT UP TO ONE HUNDRED THOUSAND DOLLARS ANNUALLY FOR EACH PROPERTY OR FACILITY WITHOUT NOTIFYING THE OFFICE OF GENERAL

5715


SERVICES FOR AN INVESTIGATION OF AVAILABLE SPACE; BY ADDING SECTION 59-53-168 SO AS TO AUTHORIZE THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION TO EMPLOY AND ADMINISTER CERTAIN ADMINISTRATIVE EFFICIENCY PROVISIONS, AND TO ESTABLISH AN ADVISORY BOARD; BY ADDING SECTION 59-112-140 SO AS TO ALLOW THE AREA COMMISSION FOR THE FLORENCE DARLINGTON TECHNICAL COLLEGE TO WAIVE CERTAIN REQUIREMENTS FOR STUDENT PARTICIPANTS IN THE CATERPILLAR DEALER ACADEMY OPERATED BY FLORENCE DARLINGTON TECHNICAL COLLEGE; TO AMEND SECTION 2-77-20, RELATING TO THE SOUTH CAROLINA HIGHER EDUCATION EXCELLENCE ENHANCEMENT PROGRAM, SO AS TO REQUIRE THAT ALL THE FUNDS APPROPRIATED TO THE PROGRAM MUST BE ALLOCATED EQUALLY AMONG THE ELIGIBLE INSTITUTIONS; AND TO AMEND SECTION 59-142-40, RELATING TO STUDENTS FIRST FINANCIAL RESOURCES FOR SCHOLARSHIPS AND TUITION, SO AS TO UPDATE REFERENCES AND TO PROVIDE THAT FUNDS FOR THE NEED-BASED GRANT MUST BE ALLOCATED IN A GIVEN YEAR TO INSTITUTIONS USING A METHODOLOGY THAT CONSIDERS STATE RESIDENT PELL GRANT RECIPIENTS SO THAT EACH PUBLIC INSTITUTION SHALL RECEIVE AN AMOUNT SUFFICIENT TO PROVIDE A SIMILAR LEVEL OF SUPPORT PER STATE RESIDENT PELL RECIPIENT WHEN COMPARED TO TUITION AND REQUIRED FEES, BUT THAT NO INSTITUTION SHALL RECEIVE A SMALLER PROPORTION OF FUNDING THAN WOULD BE PROVIDED UNDER THE STUDENT ENROLLMENT METHODOLOGY USED IN YEARS PRIOR TO FISCAL YEAR 2008-2009.

Very Respectfully,PresidentReceived as information.

S. 172--ORDERED ENROLLED FOR RATIFICATIONThe Report of the Committee of Conference having been adopted by

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

5716




overridden the Veto by the Governor on R. 107, H. 3701, by a vote of 32 to 8.

(R107) H. 3701 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2010-2011.

Very respectfully,President Received as information.

5717




overridden the Veto by the Governor on R. 106, H. 3700, Veto 5, by a vote of 31 to 8:

Veto 5 Part IA, Section 2; Page 14; Lottery Expenditure Account; I. Lottery Expenditure Account; Special Items; Unclaimed Prizes; $12,400,000.





Veto 4 Part IA, Section 50; Page 175; Law Enforcement Training Council; I. Administration; Special Item; ETV-State & Local Training of Law Enforcement; $574,244.




5718


The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 106, H. 3700, Veto 3, by a vote of 36 to 3:

Veto 3 Part IA, Section 1; Page 10; Department of Education; XIII. Aid to School Districts; A. Aid to School Districts; Special Items; ETV - K-12 Teacher Training; $4,829,281.



Columbia, S.C., June 29, 2011Mr. Speaker and Members of the House:The Senate respectfully informs your Honorable Body that it has


Veto 8 Part IA, Section 6; Page 25; Commission on Higher Education; I. Administration; Special Items; Lowcountry Graduate Center; $785,099.





Veto 7 Part IA, Section 6; Page 25; Commission on Higher Education; I. Administration; Special Items; University Center of Greenville - Operations; $1,084,899.

5719






Veto 6 Part IA, Section 6; Page 25; Commission on Higher Education; I. Administration; Special Items; Greenville Technical College – University Center; $594,390.





Veto 2 Part IA, Section 1; Page 2; Department of Education; V. Standards and Learning; Special Items; High Schools That Work; $1,403,145.


5720




sustained the Veto by the Governor on R. 106, H. 3700, Veto 1, by a vote of 24 to 14:






Veto 12 Part IA, Section 15A; Page 44; University of South Carolina; I. University of South Carolina; A. USC - Non-Medicine; Special Items; Small Business Development Center; $491,734.




5721


The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 106, H. 3700, Veto 13, by a vote of 27 to 11:

Veto 13 Part IA, Section 17B; Page 65; Area Health Education Consortium; I. Consortium; A. General; Total Funds $5,476,127; General Funds $3,582,260.





Veto 19 Part IA, Section 54, Page 188, Human Affairs Commission; I. Administration; Personal Service; Classified Positions; $269,759.




overridden the Veto by the Governor on R. 106, H. 3700, Veto 20 by a vote of 36 to 2:

Veto 20 Part IA, Section 80A; Page 253; Budget and Control Board; II. Operations and Executive Training; B. Internal Operations; Special Item; ETV Coverage; $513,269.

Very respectfully,

5722


President Received as information.



sustained the Veto by the Governor on R. 106, H. 3700, Veto 24, by a vote of 24 to 14:

Veto 24 Part IB, Section 22.48; Page 351; Department of Health and Environmental Control: SCHIDS.





Veto 21 Part IA, Section 80A; Page 262; Budget and Control Board; VII. Insurance and Grants Division; C. Office of Local Government; 2. State Revolving Fund; B. Loans; Special Items; Loans; Total Funds $1, 578, 385; General Funds $878,385.



Columbia, S.C., June 29, 2011

5723


Mr. Speaker and Members of the House:The Senate respectfully informs your Honorable Body that it has


Veto 15 Part IA, Section 30; Page 120; Arts Commission; Total Funds $3,605,566; General Funds $1,927,795.





Veto 17 Part IA, Section 38; Page 146; Sea Grant Consortium; Total Funds $6,929,892; General Funds $327,392.





Veto 16 Part IA, Section 35; Page 134; Clemson University (Public Service Activities); III. Agricultural Research; Total Funds $15,350,935; General Funds $8,952,812.

5724




Columbia, S.C., June 29, 2011Mr. Speaker and Members of the House:The Senate respectfully informs your Honorable Body that it has


Veto 14 Part IA, Section 22; Page 85; Department of Health and Environmental Control; II. Programs and Services; F. Health Care Standards; 2. Total Facility/Service Development; Total Funds $6,120,203; General Funds $411,317.





Veto 31 Part IB, Section 90.22; Page 476; Statewide Revenue: Excess FY11-12 Revenue – SC Conservation Bank; $2,000,000.


5725





Veto 30 Part IB, Section 89.87; Page 458; General Provisions; Conservation Bank Funding LLR.





Veto 32 Part IB, Section 90.18; Page 472; Statewide Revenue: Nonrecurring Revenue; Item (B)(1)(a) Department of Education – EFA Base Student Cost; $56,174,107.





5726


Veto 33 Part IB, Section 90.18; Page 473; Statewide Revenue: Nonrecurring Revenue; Item (B)(6) Clemson University – PSA; Agency Operations; $250,000.


Rep. WHITE moved that the House do now adjourn, which was agreed to.

RETURNED WITH CONCURRENCEThe Senate returned to the House with concurrence the following:

H. 4398 -- Reps. Toole, Atwater, Ballentine, Bingham, Frye, Huggins, McLeod, Ott, Quinn and Spires: A CONCURRENT RESOLUTION TO CONGRATULATE CREIGHTON SUMMERS CULVERN OF LEXINGTON COUNTY FOR ACHIEVING THE ELITE RANK OF EAGLE SCOUT AND TO WISH HIM EVERY SUCCESS IN ALL HIS FUTURE ENDEAVORS.

H. 4399 -- Rep. Limehouse: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR WTMA RADIO PERSONALITY ROCKY "ROCKY D" DISABATO FOR TEN OUTSTANDING YEARS ON THE ROCKY D SHOW, AND TO PROCLAIM AUGUST 31, 2011, AS “ROCKY D DAY” IN SOUTH CAROLINA.

ADJOURNMENTAt 5:00 p.m. the House, in accordance with the motion of Rep.

COBB-HUNTER, adjourned in memory of her mother, Nina C. Walker Cobb of Gifford, Florida, to meet next in accordance with the Sine Die Resolution, H. 4195.

***

5727

house journal for june 29, 2011 - south carolina ... · web viewparker. parks. pinson. pitts ......

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