THURSDAY, JUNE 17, 2010
Thursday, June 17, 2010
(Statewide Session)
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 2:45 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENTPro Tempore.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
The prophet Joel proclaims:
“Then afterward I will pour out my spirit on all flesh; your sons and daughters shall prophesy, your old men shall dream dreams, and your young men shall see visions.” (Joel 2:28)
Let us unite our hearts and minds as we bow in prayer:
Gracious God, such a challenging and difficult year has this Senate experienced. It seems that there are so very few easy answers to grab hold of; there are so many overwhelming issues yet to be confronted; there are so few dollars with which to do all that demands being done. In the midst of all of these hurdles, dear Lord, we pray that You will allow each of these Senators to continue to hold fast to that vision You have given them: a vision of what can still be, of what good can ultimately still be achieved, of a future wherein great benefits come to the people of South Carolina. Bind these leaders together in their mutual desire to make dreams real and to bring hope to life. May it always be so, dear Lord.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Leave of Absence
On motion of Senator HUTTO, at 9:30 A.M., Senator RYBERG was granted a leave of absence for today.
INTRODUCTION OF BILLS AND RESOLUTIONS
The following were introduced:
S. 1528 -- Senator McConnell: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 9 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 3, 2010, NOT LATER THAN 5:00 P.M., OR ANYTIME EARLIER, EACH HOUSE SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT NOON ON TUESDAY, JUNE 15, 2010, AND CONTINUE IN SESSION TO NOT LATER THAN 5:00 P.M. ON THURSDAY, JUNE 17, 2010, FOR THE CONSIDERATION OF CERTAIN MATTERS, TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN 5:00 P.M. ON THURSDAY, JUNE 17, 2010, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT A TIME MUTUALLY AGREED UPON BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES FOR THE CONSIDERATION OF SPECIFIED MATTERS, AND TO PROVIDE THAT UNLESS ADJOURNED EARLIER THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE NO LATER THAN NOON ON TUESDAY, JANUARY 11, 2011.
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Be it resolved by the Senate, the House of Representatives concurring:
(A)Pursuant to the provisions of Article III, Section 9 of the South Carolina Constitution and Section 21180 of the 1976 Code, and the provisions of this resolution, the Sine Die adjournment date for the General Assembly for the 2010 session is recognized and extended to permit the General Assembly to continue in session after Thursday, June 3, 2010, under the terms and conditions stipulated in this resolution and for this purpose each house agrees that when the Senate and the House of Representatives adjourn on Thursday, June 3, 2010, not later than 5:00 p.m. or at anytime prior, each house shall stand adjourned to meet in statewide session on Tuesday, June 15, 2010, at 12:00 Noon and to continue in statewide session, if necessary, not later than 5:00 p.m. on Thursday, June 17, 2010. Further, each house agrees to limit itself to consideration of the following matters and subject to the following conditions, as applicable:
(1)receipt and consideration of legislation necessary to address any shortfall in revenue meeting the conditions of Section 119890;
(2)receipt and consideration of gubernatorial vetoes;
(3)receipt and consideration of resolutions affecting Sine Die adjournment;
(4)receipt, consideration, and confirmation of appointments;
(5)receipt and consideration of resolutions expressing sympathy or congratulations;
(6)receipt and consideration of local legislation which has the unanimous consent of the affected delegation;
(7)concurrence and nonconcurrence in amendments to bills returned from the other house;
(8)appointment of members to conference and free conference committees; and
(9)receipt and consideration of conference and free conference reports.
(B)The President Pro Tempore of the Senate and the Speaker of the House of Representatives may set a mutually agreed upon time prior to Sine Die adjournment for officers of the Senate and House to ratify acts.
(C)When the Senate and the House of Representatives adjourn on Thursday, June 17, 2010, not later than 5:00 p.m. or at anytime prior, each house shall stand adjourned to meet in statewide session for a period of three statewide legislative days at dates and times mutually agreed upon by the President Pro Tempore of the Senate and the Speaker of the House of Representatives. Further, each house agrees to limit itself to consideration of the following matters and subject to the following conditions, as applicable:
(1)receipt and consideration of legislation necessary to address any shortfall in revenue meeting the conditions of Section 119890;
(2)receipt and consideration of gubernatorial vetoes;
(3)receipt and consideration of resolutions affecting Sine Die adjournment;
(4)receipt and consideration by the House of Representatives of a conference report on H. 3418 signed by the Senate conferees on June 17, 2010, pursuant to the instruction of and authority granted by the Senate on that date. Further, it is provided that pursuant to unanimous action taken by the Senate on June 17, 2010, the conference report is considered adopted by the Senate upon the adoption of the conference report by the House of Representatives, without the necessity of further action by the Senate; and
(5)receipt and consideration of resolutions expressing sympathy or congratulations.
(D)Upon adjournment of a statewide session called pursuant to subsection (C), or upon adjournment provided in subsection (A) if no statewide session is called pursuant to subsection (C), unless adjourned earlier, the General Assembly shall stand adjourned Sine Die at Noon on January 11, 2011.
(E)No provision of this resolution shall prohibit or limit the ability of the House of Representatives or the Senate from meeting in organizational session pursuant to the provisions of Article III, Section 9 of the South Carolina Constitution.
The Concurrent Resolution was adopted, ordered sent to the House.
Message from the House
Columbia, S.C., June 16, 2010
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.293, H.4657 by a vote of 70 to48:
R293, H. 4657--GENERAL APPROPRIATIONS ACT
Veto 1Part IA, Section 1; Page 2; Department of Education; Section V. Standards and Learning; Special Items; High Schools That Work; $1,403,145.
Respectfully submitted,
Speaker of the House
Received as information.
Message from the House
Columbia, S.C., June 16, 2010
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has reconsidered the vote whereby Veto 1 was sustained and has overridden the veto by the Governor on R.293, H. 4657 by a vote of 78 to33:
R293, H. 4657--GENERAL APPROPRIATIONS ACT
Veto 1Part IA, Section 1; Page 2; Department of Education; Section V. Standards and Learning; Special Items; High Schools That Work; $1,403,145.
Very respectfully,
Speaker of the House
Received as information.
VETO OVERRIDDEN
R293, H. 4657--GENERAL APPROPRIATIONS ACT
Veto 1Part IA, Section 1; Page 2; Department of Education; Section V. Standards and Learning; Special Items; High Schools That Work; $1,403,145.
The veto of the Governor was taken up for immediate consideration.
SenatorsHAYESand SETZLER spoke on the veto.
Senator HAYES moved that the veto of the Governor be overridden.
The question was put, “Shall the Act become law, the veto of the Governor to the contrary notwithstanding?”
The "ayes" and "nays" were demanded and taken, resulting as follows:
Ayes 32; Nays 11
AYES
AlexanderAndersonCampbell
ClearyColemanCourson
CromerElliottFair
FordHayesJackson
KnottsLandLeatherman
LeventisLourieMalloy
Martin, LarryMasseyMatthews
McGillNicholsonO’Dell
PeelerPinckneyRankin
ReeseScottSetzler
SheheenWilliams
Total--32
NAYS
BrightBryantCampsen
DavisGroomsMartin, Shane
McConnellMulvaneyRose
ShoopmanVerdin
Total--11
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Message from the House
Columbia, S.C., June 16, 2010
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.293, H.4657 by a vote of 52 to65:
R293, H. 4657--GENERAL APPROPRIATIONS ACT
Veto 2Part IA, Section 6; Page 25; Commission on Higher Education, Section I. Administration; Special Items; SCAMP; $187,410.
Respectfully submitted,
Speaker of the House
Received as information.
Message from the House
Columbia, S.C., June 16, 2010
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.293, H.4657 by a vote of 52 to64:
R293, H. 4657--GENERAL APPROPRIATIONS ACT
Veto 3Part IA, Section 6; Page 25; Commission on Higher Education, Section I. Administration; Special Items; Greenville Higher Ed Center; $67,967.
Respectfully submitted,
Speaker of the House
Received as information.
Message from the House
Columbia, S.C., June 16, 2010
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.293, H.4657 by a vote of 46 to70:
R293, H. 4657--GENERAL APPROPRIATIONS ACT
Veto 4Part IA, Section 6; Page 25; Commission on Higher Education, Section I. Administration; Special Items; Think Tec/Fastrac-Entreprenurial Ed/Mento; $105,216.
Respectfully submitted,
Speaker of the House
Received as information.
Message from the House
Columbia, S.C., June 16, 2010
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.293, H.4657 by a vote of 50 to64:
R293, H. 4657--GENERAL APPROPRIATIONS ACT
Veto 5Part IA, Section 6; Page 25; Commission on Higher Education, Section I. Administration; Special Items; Access and Equity; $416,336.
Respectfully submitted,
Speaker of the House
Received as information.
Message from the House
Columbia, S.C., June 16, 2010
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H.4657 by a vote of 80 to36:
R293, H. 4657--GENERAL APPROPRIATIONS ACT
Veto 6Part IA, Section 6; Page 26; Commission on Higher Education; Section II. Service Programs; Special Items; EEDA; $1,213,065.
Respectfully submitted,
Speaker of the House
Received as information.
Message from the House
Columbia, S.C., June 16, 2010
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has reconsidered the vote whereby Veto 6 was overridden and has sustained the veto by the Governor on R.293, H.4657 by a vote of 34 to78:
R293, H. 4657--GENERAL APPROPRIATIONS ACT
Veto 6Part IA, Section 6; Page 26; Commission on Higher Education; Section II. Service Programs; Special Items; EEDA; $1,213,065.
Respectfully submitted,
Speaker of the House
Received as information.
Message from the House
Columbia, S.C., June 16, 2010
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has reconsidered the vote whereby Veto 6 was sustained and has overridden the veto by the Governor on R293, H. 4657 by a vote of 74 to36:
R293, H. 4657--GENERAL APPROPRIATIONS ACT
Veto 6Part IA, Section 6; Page 26; Commission on Higher Education; Section II. Service Programs; Special Items; EEDA; $1,213,065.
Very respectfully,
Speaker of the House
Received as information.
VETO OVERRIDDEN
Veto 6Part IA, Section 6; Page 26; Commission on Higher Education; Section II. Service Programs; Special Items; EEDA; $1,213,065.
The veto of the Governor was taken up for immediate consideration.
Senator COURSON spoke on the veto.
Senator COURSON moved that the veto of the Governor be overridden.
The question was put, “Shall the Act become law, the veto of the Governor to the contrary notwithstanding?”
The "ayes" and "nays" were demanded and taken, resulting as follows:
Ayes 30; Nays 13
AYES
AlexanderAndersonCampbell
ColemanCoursonCromer
ElliottFairFord
HayesHuttoJackson
KnottsLandLeatherman
LeventisLourieMalloy
Martin, LarryMatthewsMcGill
NicholsonO’DellPeeler
RankinReeseScott
SetzlerSheheenWilliams
Total--30
NAYS
BrightBryantCampsen
ClearyDavisGrooms
Martin, ShaneMasseyMcConnell
MulvaneyRoseShoopman
Verdin
Total--13
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Message from the House
Columbia, S.C., June 16, 2010
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.293, H.4657 by a vote of 48 to66:
R293, H. 4657--GENERAL APPROPRIATIONS ACT
Veto 7Part IA, Section 14; Page 43; South Carolina State University; I. Education & General; A. Unrestricted; Special Items; Transportation Center; $778,683.
Respectfully submitted,
Speaker of the House
Received as information.
Message from the House
Columbia, S.C., June 16, 2010
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.293, H.4657 by a vote of 53 to62:
R293, H. 4657--GENERAL APPROPRIATIONS ACT
Veto 8Part IA, Section 14; Page 43; South Carolina State University; I. Education & General; A. Unrestricted; Special Items; Teacher Training & Development; $478,786.
Respectfully submitted,
Speaker of the House
Received as information.
Message from the House
Columbia, S.C., June 16, 2010
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.293, H.4657 by a vote of 52 to62:
R293, H. 4657--GENERAL APPROPRIATIONS ACT
Veto 9Part IA, Section 15A; Page 45; University of South Carolina; I. University of South Carolina; A. USC – Non-Medicine; Special Items; African American Professors Program; $178,805.
Respectfully submitted,
Speaker of the House
Received as information.
Message from the House
Columbia, S.C., June 16, 2010
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.293, H.4657 by a vote of 52 to62:
R293, H. 4657--GENERAL APPROPRIATIONS ACT
Veto 10Part IA, Section 15A; Page 45; University of South Carolina; I. University of South Carolina; A. USC – Non-Medicine; Special Items; Congaree Initiative; $216,054.
Respectfully submitted,
Speaker of the House
Received as information.
Message from the House
Columbia, S.C., June 16, 2010
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.293, H.4657 by a vote of 63 to54:
R293, H. 4657--GENERAL APPROPRIATIONS ACT
Veto 11Part IA, Section 15A; Page 45; University of South Carolina; I. University of South Carolina; A. USC – Non-Medicine; Special Items; Nano Technology Research; $558,573.
Respectfully submitted,
Speaker of the House
Received as information.
Message from the House
Columbia, S.C., June 16, 2010
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.293, H.4657 by a vote of 53 to61:
R293, H. 4657--GENERAL APPROPRIATIONS ACT
Veto 12Part IA, Section 15A; Page 45; University of South Carolina; I. University of South Carolina; A. USC – Non-Medicine; Special Items; Hydrogen Research; $558,573.
Respectfully submitted,
Speaker of the House
Received as information.
Message from the House
Columbia, S.C., June 16, 2010
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.293, H.4657 by a vote of 47 to69:
R293, H. 4657--GENERAL APPROPRIATIONS ACT
Veto 13Part IA, Section 15A; Page 45; University of South Carolina; I. University of South Carolina; A. USC – Non-Medicine; Special Items; Technology Incubator; $111,714.
Respectfully submitted,
Speaker of the House
Received as information.
Message from the House
Columbia, S.C., June 16, 2010
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H.4657 by a vote of 102 to15:
R293, H. 4657--GENERAL APPROPRIATIONS ACT
Veto 14Part IA, Section 15A; Page 45; University of South Carolina; I. University of South Carolina; A. USC – Non-Medicine; Special Items; Small Business Development Center; $523,121.
Respectfully submitted,
Speaker of the House
Received as information.
VETO OVERRIDDEN
R293, H. 4657--GENERAL APPROPRIATIONS ACT
Veto 14Part IA, Section 15A; Page 45; University of South Carolina; I. University of South Carolina; A. USC – Non-Medicine; Special Items; Small Business Development Center; $523,121.
The veto of the Governor was taken up for immediate consideration.
Senators COURSON and LARRY MARTIN spoke on the veto.
Senator COURSON moved that the veto of the Governor be overridden.
The question was put, “Shall the Act become law, the veto of the Governor to the contrary notwithstanding?”
The "ayes" and "nays" were demanded and taken, resulting as follows:
Ayes 31; Nays 11
AYES
AlexanderAndersonCampbell
ColemanCoursonElliott
FordHayesHutto
JacksonKnottsLand
LeathermanLeventisLourie
MalloyMartin, LarryMassey
MatthewsMcGillNicholson
O’DellPeelerRankin
ReeseScottSetzler
SheheenShoopmanVerdin
Williams
Total--31
NAYS
BrightBryantCampsen
ClearyCromerDavis
GroomsMartin, ShaneMcConnell
MulvaneyRose
Total--11
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Message from the House
Columbia, S.C., June 16, 2010
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H.4657 by a vote of 95 to21:
R293, H. 4657--GENERAL APPROPRIATIONS ACT
Veto 15Part IA, Section 17A; Page 64, Medical University of South Carolina; I. Educational and General; A. Unrestricted; Special Items; Hypertension Initiative; $512,741.
Respectfully submitted,
Speaker of the House
Received as information.
VETO OVERRIDDEN
R293, H. 4657--GENERAL APPROPRIATIONS ACT
Veto 15Part IA, Section 17A; Page 64, Medical University of South Carolina; I. Educational and General; A. Unrestricted; Special Items; Hypertension Initiative; $512,741.
The veto of the Governor was taken up for immediate consideration.
Senator COURSON spoke on the veto.
Senator COURSON moved that the veto of the Governor be overridden.
The question was put, “Shall the Act become law, the veto of the Governor to the contrary notwithstanding?”
The "ayes" and "nays" were demanded and taken, resulting as follows:
Ayes 31; Nays 12
AYES
AndersonCampbellCampsen
ClearyColemanCourson
ElliottFairFord
HayesHuttoJackson
KnottsLandLeatherman
LeventisLourieMalloy
Martin, LarryMatthewsMcConnell
McGillNicholsonO’Dell
RankinReeseRose
ScottSetzlerSheheen
Williams
Total--31
NAYS
AlexanderBrightBryant
CromerDavisGrooms
Martin, ShaneMasseyMulvaney
PeelerShoopmanVerdin
Total--12
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Message from the House
Columbia, S.C., June 16, 2010
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H.4657 by a vote of 85 to30: