Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 19:7: "The law of the Lord is perfect, reviving the soul. The statutes of the Lord are trustworthy, making wise the simple."
Let us pray. Almighty God, thank You for this beautiful day and the flowers of spring and the warmth of the sun. May Your creation give these men and women courage to work for the people that all may enjoy the fruits of Your world. Be their guide as they begin another week of service. Forgive us those things we have left undone and forgive us those things we should not have done. Bless our Nation, President, State, Governor, Speaker and all who serve in these halls of government. Protect our defenders of freedom at home and abroad as they protect us. In the name of our Lord. 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 Friday, the SPEAKER ordered it confirmed.
Rep. HASKINS moved that when the House adjourns, it adjourn in memory of Mrs. Regoberta Caballero of Greenville, which was agreed to.
The following were received and referred to the appropriate committee for consideration:
Document No. 3110
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Restocking Fees
Received by Speaker of the House of Representatives
March 23, 2007
Referred to Ways and Means Committee
Legislative Review Expiration February 19, 2008
Document No. 3109
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Property Tax
Received by Speaker of the House of Representatives
March 23, 2007
Referred to Ways and Means Committee
Legislative Review Expiration February 19, 2008
Rep. DELLENEY, from the Chester Delegation, submitted a favorable report on:
S. 305 (Word version) -- Senator Short: A BILL TO AMEND ACT 525 OF 1982, AS AMENDED, RELATING TO ELECTION OF MEMBERS OF THE CHESTER COUNTY COUNCIL AND THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT MEMBERS OF THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES MUST BE ELECTED IN A NONPARTISAN ELECTION HELD AT THE SAME TIME AS THE GENERAL ELECTION AND PROVIDE FOR FILING REQUIREMENTS AND SUPERVISION OF THE ELECTIONS.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
H. 3373 (Word version) -- Reps. M. A. Pitts and Duncan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-825 SO AS TO PROVIDE THAT IF A PERMIT IS ISSUED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INSTALL AN INDIVIDUAL WASTE TREATMENT AND DISPOSAL SYSTEM THE DEPARTMENT IS ONLY REQUIRED TO CONDUCT RANDOM FINAL INSPECTIONS ON THREE PERCENT OF THESE INSTALLED SYSTEMS.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
H. 3292 (Word version) -- Reps. Duncan and Miller: A BILL TO AMEND SECTION 44-2-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF UNDERGROUND STORAGE TANKS AND RELATED ENVIRONMENTAL IMPACT FEE, SO AS TO PROVIDE THE AMOUNT OF REGISTRATION AND LATE FEE REVENUE USED FOR ADMINISTRATION MAY NOT EXCEED THE TOTAL AMOUNT COLLECTED FROM SUCH FEES ANNUALLY, AND TO INCREASE THE ENVIRONMENTAL IMPACT FEE FROM ONE-HALF CENT A GALLON TO ONE CENT A GALLON.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
H. 3466 (Word version) -- Reps. Umphlett, Hinson, E. H. Pitts, Haley, Ballentine, Huggins, Vick, Agnew, Anderson, Battle, Bingham, R. Brown, Cato, Ceips, Chellis, Cobb-Hunter, Dantzler, Duncan, Funderburk, Hagood, Harvin, Herbkersman, Jefferson, Jennings, Knight, Limehouse, Lowe, Mahaffey, Merrill, Miller, Ott, Owens, Parks, Pinson, M. A. Pitts, Sandifer, Scarborough, Scott, Sellers, Simrill, Spires, Stavrinakis, Taylor, White, Whitmire, Williams, Toole, Bowen, Gullick and Hodges: A BILL TO AMEND TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, WATER RESOURCES, AND DRAINAGE, BY ADDING CHAPTER 30 SO AS TO ENACT THE "PUBLIC WATERS NUISANCE ABATEMENT ACT" WHICH PERMITS THE DEPARTMENT OF NATURAL RESOURCES TO REMOVE OR REQUIRE THE REMOVAL OF CERTAIN STRUCTURES FROM THE PUBLIC WATERS OF THIS STATE UNDER SPECIFIED CONDITIONS, TO PROVIDE PENALTIES FOR VIOLATION, TO PROVIDE FOR AUTHORITY OF THE ATTORNEY GENERAL AND A MUNICIPALITY OR COUNTY TO DECLARE THESE STRUCTURES NUISANCES AND REQUIRE THEIR REMOVAL, AND TO PROVIDE, FURTHER, FOR A CIVIL ACTION BY A PRIVATE CITIZEN.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3525 (Word version) -- Reps. Bedingfield, G. R. Smith, Pinson, J. H. Neal, F. N. Smith, Allen, Anthony, Bales, Ballentine, Bannister, Barfield, Brantley, Cato, Frye, Funderburk, Gullick, Haley, Harrell, Hart, Harvin, Haskins, Hodges, Howard, Kelly, Knight, Littlejohn, Mahaffey, Moss, Mulvaney, Neilson, J. R. Smith, W. D. Smith, Spires, Stavrinakis and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-950 SO AS TO PROVIDE THAT A PERSON WHO HAS BEEN RELEASED FROM THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS AND WHOSE DRIVER'S LICENSE HAS BEEN SUSPENDED FOR FAILURE TO COMPLY WITH AN ORDER FOR CHILD SUPPORT MAY OBTAIN A SPECIAL ROUTE-RESTRICTED DRIVER'S LICENSE FROM THE DEPARTMENT OF MOTOR VEHICLES.
Ordered for consideration tomorrow.
The following was introduced:
H. 3775 (Word version) -- Reps. Skelton, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO COMMEMORATE THE TWO HUNDREDTH ANNIVERSARY OF THE BIRTH OF THOMAS GREEN CLEMSON, BORN IN PHILADELPHIA, PENNSYLVANIA, ON JULY 1, 1807.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3776 (Word version) -- Rep. Gullick: A BILL TO AMEND SECTION 5-7-12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL RESOURCE OFFICERS, SO AS TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2008-2009 WITH FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY FOR THIS PURPOSE, A SCHOOL RESOURCE OFFICER SHALL BE PROVIDED BY THE GOVERNING BODY OF A MUNICIPALITY OR COUNTY IN THE MANNER PROVIDED BY LAW TO EACH MIDDLE SCHOOL OR HIGH SCHOOL WITHIN ITS JURISDICTION THAT DOES NOT HAVE A SCHOOL-RESOURCE OFFICER ASSIGNED TO IT; TO AMEND SECTION 59-63-240, RELATING TO THE EXPULSION OF STUDENTS, SO AS TO REQUIRE THE EXPULSION OF STUDENTS FOR AT LEAST ONE YEAR WHO COMMIT CERTAIN CRIMINAL OFFENSES; TO AMEND SECTION 59-63-320, RELATING TO SCHOOL CRIME REPORTING BY THE SCHOOL DISTRICTS OF THIS STATE, SO AS TO ALSO REQUIRE LOCAL SCHOOL OFFICIALS TO REPORT EVIDENCES OF GANG ACTIVITY AND ANY PORTION OF THAT GANG ACTIVITY WHICH SCHOOL OFFICIALS BELIEVE CONSTITUTES CRIMINAL CONDUCT, AND TO PROVIDE THAT LAW ENFORCEMENT OFFICIALS IN TURN SHALL NOTIFY SCHOOL OFFICIALS OF A LOCAL DISTRICT WHEN THEY ASCERTAIN THAT GANGS ARE UNDERTAKING ACTIVITIES AT PARTICULAR SCHOOLS WITHIN THE DISTRICT; TO AMEND SECTION 59-63-380, RELATING TO IMMUNITY OF SCHOOL OFFICIALS WHEN REPORTING SCHOOL RELATED CRIMES, SO AS TO ALSO EXTEND IMMUNITY TO SCHOOL OFFICIALS WHEN TAKING ACTION IN GOOD FAITH TO STOP OR PREVENT SCHOOL-RELATED CRIMES; TO AMEND SECTION 59-63-1120, RELATING TO SEARCHES BY SCHOOL ADMINISTRATORS OR OFFICIALS WITH OR WITHOUT PROBABLE CAUSE, SO AS TO PROVIDE THAT SCHOOL ADMINISTRATORS AND OFFICIALS MAY CAUSE SEARCHES TO BE CONDUCTED BY LAW ENFORCEMENT OFFICIALS WITH DRUG DOGS AND MAY ALSO UTILIZE SURVEILLANCE CAMERAS UNDER SPECIFIED CONDITIONS; TO ADD SECTION 59-63-1410 SO AS TO PROVIDE THAT BEGINNING WITH THE 2008-2009 SCHOOL YEAR THE STATE DEPARTMENT OF EDUCATION, WITHIN AVAILABLE FUNDS PROVIDED BY THE GENERAL ASSEMBLY, SHALL ESTABLISH IN CONJUNCTION WITH LOCAL SCHOOL OFFICIALS ALTERNATIVE SCHOOLS IN THOSE DISTRICTS OR COMBINATION OF DISTRICTS WHERE ALTERNATIVE SCHOOLS ARE NOT YET ESTABLISHED AND FOR WHICH THERE IS A JUSTIFIED NEED; AND TO ADD SECTION 59-63-1420 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2008, STUDENTS WHO HAVE BEEN EXPELLED OR SUSPENDED FROM SCHOOL ALSO MAY ATTEND ALTERNATIVE SCHOOLS IN THE MANNER AND UNDER THE CONDITIONS PROVIDED BY THE STATE DEPARTMENT OF EDUCATION BY REGULATION.
Referred to Committee on Education and Public Works
H. 3777 (Word version) -- Reps. Witherspoon, Duncan, Umphlett and Hiott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-33-85 SO AS TO PROVIDE THAT A PHYTOSANITARY CERTIFICATE OR A PERMIT MAY BE ISSUED BY AN INSPECTOR FOR INTRASTATE AND INTERSTATE SHIPMENTS OF CONIFER AND HARDWOOD SEEDLINGS TO VERIFY THAT THEY ARE APPARENTLY FREE OF PESTS AND DISEASES, AND TO PROVIDE THAT TO ENSURE PEST AND DISEASE-FREE PLANT MATERIAL, THE PREFERRED METHOD OF TREATMENT IS FUMIGATION
USING METHYL BROMIDE IN SEEDLING PLANT BEDS PRIOR TO SEEDING.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3779 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 17-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF CRIMINAL RECORDS WHEN A CHARGE AGAINST A PERSON IS DISCHARGED, DISMISSED, OR THE PERSON IS FOUND INNOCENT OF THE CHARGE, SO AS TO PROVIDE THAT A MUNICIPAL, COUNTY, OR STATE AGENCY MAY NOT COLLECT A FEE FOR THE DESTRUCTION OF RECORDS UNDER THESE CIRCUMSTANCES.
Referred to Committee on Judiciary
H. 3780 (Word version) -- Reps. Loftis, Cotty, Whipper, Witherspoon, Bedingfield, G. R. Smith, Davenport, Duncan, Mitchell, Hardwick, Haskins, Brantley, Anthony, Ballentine, Bannister, Bingham, Bowen, Brady, Cato, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Edge, Funderburk, Gullick, Hagood, Haley, Hamilton, Harrell, Harrison, Hayes, Herbkersman, Hinson, Hiott, Huggins, Kelly, Leach, Limehouse, Littlejohn, Lowe, Lucas, Mahaffey, Merrill, Mulvaney, Neilson, Owens, Pinson, E. H. Pitts, Rice, Sandifer, Scarborough, Shoopman, Simrill, F. N. Smith, W. D. Smith, Stewart, Taylor, Thompson, Toole, Umphlett, Viers and Walker: A BILL TO AMEND TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO ENACT THE "TRANSPORTATION PERFORMANCE AND ACCOUNTABILITY ACT OF 2007" SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL IMPLEMENT THE TRAFFIC CONGESTION REDUCTION PROGRAM WHOSE PURPOSE IS TO MINIMIZE TRAFFIC CONGESTION ALONG THE STATE'S HIGHWAYS IN ORDER TO PROMOTE ECONOMIC GROWTH WITHIN THE STATE AND CONTRIBUTE TO THE WELL-BEING AND SAFETY OF THE STATE'S CITIZENS.
Referred to Committee on Education and Public Works
H. 3781 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF RICHLAND COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD AND PROVIDE THAT POLLING PLACES MUST BE SELECTED BY THE RICHLAND COUNTY ELECTION COMMISSION UPON APPROVAL OF A MAJORITY OF THE LEGISLATIVE DELEGATION.
Referred to Committee on Judiciary
H. 3782 (Word version) -- Reps. Rice, Hiott and Owens: A BILL TO AMEND ACT 260 OF 1981, AS AMENDED, RELATING TO THE PICKENS COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO REDUCE FROM THREE TO ONE THE NUMBER OF AT-LARGE MEMBERS OF THE BOARD, TO PROVIDE THAT THE AT-LARGE MEMBER OF THE BOARD SHALL SERVE AS ITS CHAIRMAN, AND TO MAKE CONFORMING CHANGES NECESSARY TO IMPLEMENT THE ABOVE PROVISIONS INCLUDING PROVIDING FOR THE ELECTION OF THE AT-LARGE MEMBER TO SERVE AS CHAIRMAN.
Referred to Pickens Delegation
H. 3783 (Word version) -- Reps. Limehouse, Crawford and Bales: A BILL TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIENNIAL LICENSE TAXES GRANTED PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO REDUCE THE BIENNIAL FEE FOR THE MANUFACTURER'S LICENSE FROM FIFTY THOUSAND DOLLARS TO ONE THOUSAND DOLLARS.
Referred to Committee on Ways and Means
The following was introduced:
H. 3778 (Word version) -- Rep. Rutherford: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF MRS. DELIA PERKINS "DEE" WHALEY OF RICHLAND COUNTY AND TO EXTEND THE DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The Senate sent to the House the following:
S. 415 (Word version) -- Senators Cleary, Ryberg, Ritchie, Knotts, Leventis, O'Dell, Malloy, Mescher, Cromer, Lourie, Patterson, Matthews, Vaughn, Pinckney and Thomas: A CONCURRENT RESOLUTION TO URGE THE UNITED STATES CONGRESS TO REQUIRE THE DEPARTMENT OF DEFENSE TO DEVELOP AN EFFICIENT AND EXPEDITIOUS SYSTEM THAT PROVIDES SOLDIERS WHO ARE CAPTURED BY ANY OPPOSING FORCE WITH AN APPROPRIATE AND UNIFORM DESIGNATION, ENSURES THAT ALL NECESSARY ACTIONS ARE TAKEN TO ADVOCATE THEIR FAIR AND HUMANE TREATMENT WHILE CAPTURED, AND PROVIDES CARE AND COMPASSION TO THE SOLDIERS' FAMILIES AND ENSURES CONTINUITY OF ENTITLED BENEFITS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The roll call of the House of Representatives was taken resulting as follows:
Alexander Allen Anderson Anthony Bales Bannister Barfield Battle Bedingfield Bingham Bowen Brady Branham Brantley Breeland R. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Cobb-Hunter Coleman Cooper Crawford Dantzler Davenport Delleney Duncan Edge Frye Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hinson Hiott Hodges Hosey Huggins Jefferson Jennings Kelly Kennedy Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mahaffey McLeod Merrill Miller Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips E. H. Pitts Rice Rutherford Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Walker Weeks Whipper White Whitmire Williams Witherspoon Young
I came in after the roll call and was present for the Session on Tuesday, March 27.
Paul Agnew Lewis E. Pinson Bill Cotty Ted Vick David Mack Thad Viers Harold Mitchell Grady Brown Leon Howard Fletcher Smith William Bowers Nathan Ballentine
The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the week due to illness.
The SPEAKER granted Rep. BALLENTINE a temporary leave of absence due to business reasons.
The SPEAKER granted Rep. M. A. PITTS a leave of absence for the week due to surgery.
Announcement was made that Dr. Andrew Pate of Charleston was the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3739 (Word version)
Date: ADD:
03/27/07 MITCHELL
Bill Number: H. 3019 (Word version)
Date: ADD:
03/27/07 BEDINGFIELD
Bill Number: H. 3516 (Word version)
Date: ADD:
03/27/07 BOWEN
Bill Number: H. 3516 (Word version)
Date: ADD:
03/27/07 LOWE
Bill Number: H. 3649 (Word version)
Date: ADD:
03/27/07 STEWART
Bill Number: H. 3649 (Word version)
Date: ADD:
03/27/07 SELLERS
Bill Number: H. 3739 (Word version)
Date: ADD:
03/27/07 STAVRINAKIS
Bill Number: H. 3739 (Word version)
Date: ADD:
03/27/07 WHIPPER
Bill Number: H. 3739 (Word version)
Date: ADD:
03/27/07 R. BROWN
Bill Number: H. 3739 (Word version)
Date: ADD:
03/27/07 ANDERSON
Bill Number: H. 3739 (Word version)
Date: ADD:
03/27/07 G. BROWN
Bill Number: H. 3739 (Word version)
Date: ADD:
03/27/07 SCOTT
Bill Number: H. 3739 (Word version)
Date: ADD:
03/27/07 HART
Bill Number: H. 3739 (Word version)
Date: ADD:
03/27/07 GULLICK
Bill Number: H. 3739 (Word version)
Date: ADD:
03/27/07 JENNINGS
Bill Number: H. 3466 (Word version)
Date: ADD:
03/27/07 HODGES
Bill Number: H. 3565 (Word version)
Date: ADD:
03/27/07 HUGGINS
Bill Number: H. 3565 (Word version)
Date: ADD:
03/27/07 BEDINGFIELD
Bill Number: H. 3565 (Word version)
Date: ADD:
03/27/07 DUNCAN
Bill Number: H. 3739 (Word version)
Date: REMOVE:
03/27/07 BRANTLEY
Bill Number: H. 3737 (Word version)
Date: REMOVE:
03/27/07 DAVENPORT
Bill Number: H. 3737 (Word version)
Date: REMOVE:
03/27/07 OTT
The following Bill was taken up:
H. 3516 (Word version) -- Reps. Huggins, Mahaffey, Sandifer, Bowen and Lowe: A BILL TO AMEND SECTION 40-57-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE AS A REAL ESTATE BROKER, SALESPERSON, OR PROPERTY MANAGER, SO AS TO PROVIDE FOR CRIMINAL RECORD REPORTS AND SATISFACTORY EVIDENCE THAT THE APPLICANT IS OF GOOD MORAL CHARACTER.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\ 20230SD07), which was adopted:
Amend the bill, as and if amended, by striking Section 40-57-80 of the 1976 Code, as contained in SECTION 1, and inserting:
/ "Section 40-57-80. (A) To be eligible for licensure, an applicant shall:
(1) have attained the age of twenty-one if applying for a license as a broker, broker-in-charge, or property manager-in-charge;
(2) have attained the age of eighteen if applying for a license as a salesman or property manager;
(3) submit to a credit report which shall that must indicate creditworthiness satisfactory to the commission. If notified of unsatisfactory credit, the applicant has sixty days to respond;
(4) have graduated from high school or hold a certificate of equivalency;
(5) submit proof of completion of education and, if applicable, experience requirements as specified in this chapter;
(6) pass the applicable examination.;
(7) obtain and provide criminal record reports from one or more reporting services designated by the commission to provide criminal record reports. Applicants are required to pay the designated reporting service for the cost of these reports; and
(8) satisfy the commission that he possesses the competency, honesty, truthfulness, integrity, and general moral character necessary to protect the public interest and promote public confidence in the real estate brokerage business.
(B)(1)The commission shall issue to the applicant a license that authorizes the applicant to act as a real estate broker, real estate salesperson, or real estate property manager in the State of South Carolina if:
(a) the applicant completes all requirements, including but not limited to, education requirements, as required by this section and this chapter;
(b) the commission finds that the results of any required competency examination and investigation of the applicant's moral character are satisfactory; and
(c) the applicant pays the fee for licensure.
(2) If the applicant has an unsatisfactory examination or investigation, the commission must notify the applicant in writing. The applicant has sixty days from the date of notification to respond to the commission." /
Renumber sections to conform.
Amend title to conform.
Rep. HUGGINS explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. CATO demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Anthony Bales Bannister Barfield Battle Bedingfield Bingham Bowers Brady Branham Breeland Cato Ceips Chalk Chellis Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Edge Frye Funderburk Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Hart Harvin Haskins Hayes Herbkersman Hinson Hiott Hodges Hosey Huggins Jennings Kelly Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Miller Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips E. H. Pitts Rice Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Taylor Thompson Toole Umphlett Vick Walker Weeks Whipper White Whitmire Williams Witherspoon Young
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3019 (Word version) -- Reps. Delleney, Jennings, M. A. Pitts, Haskins, Harrison, Viers, Leach, Hamilton, G. R. Smith, Cato, Bannister, Loftis and Shoopman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-5-5 SO AS TO PROVIDE THAT FOR PURPOSES OF A CIVIL CAUSE OF ACTION, THE TERM "PERSON" INCLUDES AN UNBORN CHILD, THE TERM "UNBORN CHILD" MEANS A CHILD IN UTERO, AND TO PROVIDE CERTAIN EXCEPTIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7216AHB07), which was tabled:
Amend the bill, as and if amended, by deleting Section 15-5-5(D), as contained in SECTION 1, page 2, lines 6 through 13, and inserting:
/ (D) A person or health care provider is not subject to a civil suit under this section for conduct relating to or arising out of the performance of a lawful abortion." /
Renumber sections to conform.
Amend title to conform.
Rep. DELLENEY explained the amendment.
Rep. G. M. SMITH spoke against the amendment.
Rep. G. M. SMITH moved to table the amendment.
Rep. G. M. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Anthony Bales Battle Bowen Bowers Branham Brantley R. Brown Ceips Chalk Chellis Clyburn Cobb-Hunter Cooper Cotty Crawford Dantzler Duncan Edge Frye Funderburk Gambrell Gullick Hardwick Harrell Harvin Hayes Hinson Hiott Hodges Hosey Jefferson Kelly Kennedy Kirsh Knight Limehouse Lowe Lucas Mack Mahaffey Merrill Miller Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson Scarborough Simrill Skelton G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Talley Taylor Thompson Umphlett Vick Viers Weeks White Williams Witherspoon Young
Those who voted in the negative are:
Allen Anderson Bannister Barfield Bedingfield Bingham G. Brown Cato Clemmons Davenport Delleney Hagood Haley Hamilton Harrison Hart Haskins Howard Huggins Jennings Leach Littlejohn Loftis McLeod Rice Rutherford Sandifer Scott Sellers Shoopman D. C. Smith Stavrinakis Stewart Toole Walker Whipper Whitmire
So, the amendment was tabled.
The question then recurred to the passage of the Bill on second reading.
Rep. DELLENEY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Anderson Anthony Bales Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley G. Brown R. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Edge Frye Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hinson Hiott Hodges Hosey Huggins Jefferson Jennings Kelly Kennedy Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mahaffey McLeod Merrill Miller Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Phillips Pinson E. H. Pitts Rice Rutherford Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Viers Walker Weeks White Whitmire Williams Witherspoon Young
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
Pursuant to the provisions of House Rule 7.8, Rep. JENNINGS cast a proxy vote on behalf of Rep. J. E. SMITH in favor of H. 3019.
I was out of the Chamber temporarily on constituent business when the vote was taken on H. 3019. Had I been present, I would have voted in favor of the Bill.
Rep. Robert S. Perry, Jr.
The following Bill was taken up:
H. 3033 (Word version) -- Reps. Clemmons, Mahaffey and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-7-15 SO AS TO PROVIDE FOR A DOCUMENT OF RESCISSION TO CORRECT AN ERRONEOUS RECORDING OF A SATISFACTION OF A MORTGAGE OR OTHER LIEN AFFECTING REAL PROPERTY, TO PROTECT A PRIORITY CREDITOR WHO RECORDS AFTER THE ERRONEOUS RECORDING, AND TO PROVIDE A CIVIL CAUSE OF ACTION FOR A PERSON INJURED BY A WRONGFUL RECORDING OF A DOCUMENT OF RESCISSION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22784MM07):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 5, Chapter 3, Title 29 of the 1976 Code is amended by adding:
"Section 29-3-345. (A) In this section, 'document of rescission' means a document stating that an identified satisfaction or affidavit of satisfaction of a mortgage or other lien affecting real property was recorded erroneously or that a mortgage or other lien affecting real property was satisfied of record erroneously, the secured obligation remains unsatisfied, and the mortgage or other lien affecting real property remains in force.
(B) If a person records a satisfaction or affidavit of satisfaction of a mortgage or other lien affecting real property in error or a mortgage or other lien affecting real property is satisfied of record erroneously by another means, the person or the secured creditor may execute and record a document of rescission that has been duly witnessed and notarized in compliance with Section 30-5-30. Upon recording, the document of rescission rescinds the erroneously recorded satisfaction or affidavit and the erroneous satisfaction of record of the mortgage or other lien affecting real property and reinstates the mortgage or other lien affecting real property.
(C) A recorded document of rescission does not affect the rights of a person that:
(1) records an interest in the real property described in a mortgage or other lien affecting real property after the recording of the satisfaction or affidavit of satisfaction of the mortgage or other lien affecting real property or the erroneous satisfaction of record of the mortgage or other lien affecting real property by other means and before the recording of the document of rescission; and
(2) would otherwise have priority over or take free of the lien created by the mortgage or other lien affecting real property as reinstated.
(D) A person who erroneously or wrongfully records a document of rescission is liable to a person injured by the recording of the actual loss caused by the recording and reasonable attorney's fees and costs.
(E) The Clerk of Court or Registrar of Mesne Conveyance shall collect a filing fee of six dollars, and an additional one-dollar a page for a document containing more than one page.
(F) The 'document of rescission' must be in a form substantially similar to:
STATE OF SOUTH CAROLINA ) DOCUMENT OF RESCISSION
COUNTY OF ________________ ) INADVERTENT SATISFACTION
) AFFIDAVIT
For Book _____, Page ______
Pursuant to Section 30-7-15 of S. C. Code of Laws
The undersigned on oath, being first duly sworn, hereby certifies as follows:
1. The undersigned is an authorized representative of ________________, the identified
mortgagee/lien holder of the mortgage/lien ("Mortgage") filed at Book _____, Page _____ in the
above-referenced County.
2. With respect to the Mortgage, given by ________________ to _________________ dated
_____________ and recorded in the above County in the Office of the Register of Deeds, this is to
represent and certify that the mortgagee inadvertently and mistakenly marked the Mortgage as paid
and/or satisfied and filed that document in the records of the County aforesaid.
3. This is to represent and certify that such satisfaction was erroneous and inadvertent, with
the obligation secured by the Mortgage remaining unsatisfied and outstanding and the referenced
Mortgage remains in force and effect.
4. Pursuant to Section 30-7-15, the Mortage is reinstated.
____________________________________
By:_________________________________________
Its:__________________________________________
Street Address:_____________________________
City, State and Zip Code:_____________________
Telephone:__________________________________
_______________________________________
Witness
_______________________________________
Witness
Personally appeared before me ________________________ who with _______________________ did witness and does acknowledge the due execution of the foregoing instrument.
Witness my hand and seal
the ______ day of ___________
___________________________________(L.S.)
Notary Public for:_______________________
My Commission Expires:___________________"
SECTION 2. This act takes affect upon approval by the Governor.
Amend further, by striking all before the enacting words and inserting:
/ TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-345 SO AS TO PROVIDE FOR A DOCUMENT OF RESCISSION TO CORRECT AN ERRONEOUS RECORDING OF A SATISFACTION OF A MORTGAGE OR OTHER LIEN AFFECTING REAL PROPERTY, TO PROTECT A PRIORITY CREDITOR WHO RECORDS AFTER THE ERRONEOUS RECORDING, TO PROVIDE A CIVIL CAUSE OF ACTION FOR A PERSON INJURED BY A WRONGFUL RECORDING OF A DOCUMENT OF RESCISSION, TO ESTABLISH A RECORDING FEE, AND TO PROVIDE A FORM FOR THE DOCUMENT. /
Renumber sections to conform.
Amend title to conform.
Rep. HAGOOD explained the amendment.
Rep. HAGOOD spoke in favor of the amendment.
Reps. W. D. SMITH, SHOOPMAN, HAMILTON, VICK, DAVENPORT, BEDINGFIELD, CLEMMONS, HAGOOD, LUCAS, MACK, LEACH, MAHAFFEY, HOSEY, JEFFERSON and EDGE requested debate on the Bill.
On motion of Rep. HOWARD, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Medical, Military, Public and Municipal Affairs:
S. 572 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OCCUPATIONAL SAFETY AND HEALTH, RELATING TO REPORTING FATALITIES AND MULTIPLE HOSPITALIZATION INCIDENTS TO OSHA, DESIGNATED AS REGULATION DOCUMENT NUMBER 3105, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HAGOOD moved that the House recede until 2:45 p.m., which was agreed to.
At 2:45 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The motion period was dispensed with on motion of Rep. SCOTT.
The following Bill was taken up:
H. 3575 (Word version) -- Reps. Young, Harrell, Anthony, Clyburn, Lucas, J. M. Neal, Owens, E. H. Pitts, Taylor, White, Chellis, Gullick, R. Brown, Stavrinakis, Hagood and Scarborough: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNOR'S REMOVAL OF PERSONS APPOINTED TO CERTAIN STATE OFFICES, FOR CERTAIN REASONS, SO AS TO ADD DEPARTMENT OF TRANSPORTATION COMMISSIONERS TO THIS LIST OF PERSONS WHO MAY BE REMOVED FROM OFFICE BY THE GOVERNOR; TO AMEND SECTION 1-30-10, RELATING TO THE DEPARTMENTS OF STATE GOVERNMENT AND THEIR GOVERNING BODIES, SO AS TO PROVIDE FOR THE GOVERNING STRUCTURE OF THE DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 1-30-105, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO MAKE TECHNICAL CHANGES AND PROVIDE FOR THE ELECTION OF ITS GOVERNING AUTHORITY UNTIL FEBRUARY 15, 2008; TO AMEND SECTION 8-13-1110, AS AMENDED, RELATING TO PUBLIC OFFICIALS WHO MUST FILE A STATEMENT OF ECONOMIC INTEREST, SO AS TO PROVIDE THAT DEPARTMENT OF TRANSPORTATION DISTRICT ENGINEERS MUST FILE A STATEMENT OF ECONOMIC INTEREST; TO AMEND SECTION 11-11-150, AS AMENDED, RELATING TO CALCULATING ESTIMATED STATE AND CORPORATE INCOME TAX REVENUES, AND THE TRUST FUND FOR TAX RELIEF, SO AS TO PROVIDE THAT FORTY MILLION DOLLARS IN GENERAL FUND REVENUE COLLECTED DURING CERTAIN FISCAL YEARS MUST BE CREDITED TO THE DEPARTMENT OF TRANSPORTATION AND DISTRIBUTED PURSUANT TO SECTION 57-11-410; TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO GOVERNMENTAL ENTITIES EXEMPTED FROM PURCHASING ITEMS THROUGH THE CHIEF PROCUREMENT OFFICER, SO AS TO REVISE THE LIST OF DEPARTMENT OF TRANSPORTATION PROJECTS THAT ARE SUBJECT TO THIS PROVISION, AND TO GRANT EXEMPTIONS TO COUNTY TRANSPORTATION COMMITTEES, COUNCILS ON GOVERNMENTS, AND THE SOUTH CAROLINA TRANSPORT INFRASTRUCTURE BANK; TO AMEND SECTION 11-35-1230, AS AMENDED, RELATING TO THE AUDITING OF STATE PROCUREMENTS, SO AS TO PROVIDE THAT PROCUREMENT AUDITS SHALL VERIFY THAT PROCUREMENT CODE EXEMPTIONS GRANTED TO THE DEPARTMENT OF TRANSPORTATION ARE VALID; TO AMEND SECTION 57-1-10, RELATING TO DEFINITION OF TERMS THAT RELATE TO THE STATE'S MOTOR VEHICLE LAWS, SO AS TO DELETE THE TERM "DIRECTOR" AND REPLACE IT WITH THE TERM "SECRETARY OF TRANSPORTATION"; TO AMEND SECTION 57-1-20, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO ESTABLISH A DIVISION OF HUMAN RESOURCES AND AN INTERNAL AUDIT DIVISION WITHIN THE DEPARTMENT; TO AMEND SECTION 57-1-40, RELATING TO CERTAIN ACTIONS COMMITTED BY THE DEPARTMENT OF TRANSPORTATION COMMISSION OR DEPARTMENT EMPLOYEES WHICH ARE UNLAWFUL, SO AS TO PROVIDE THAT THE DEPARTMENT'S COMMISSION AND ITS EMPLOYEES ARE SUBJECT TO CERTAIN PROVISIONS THAT GOVERN THE CONDUCT OF LOBBYISTS, PUBLIC OFFICIALS, AND EMPLOYEES; BY ADDING SECTION 57-1-305 SO AS TO ESTABLISH CERTAIN MINIMUM QUALIFICATIONS THAT A PERSON MUST POSSESS BEFORE HE MAY BE ELECTED AS A DEPARTMENT OF TRANSPORTATION COMMISSIONER; TO AMEND SECTION 57-1-310, RELATING TO THE ESTABLISHMENT OF DEPARTMENT OF TRANSPORTATION DISTRICTS FROM WHICH DEPARTMENT OF TRANSPORTATION COMMISSIONERS ARE ELECTED, SO AS TO REVISE THE PROCESS OF ELECTING COMMISSIONERS AND THEIR SUCCESSORS TO INCLUDE THE SCREENING OF CANDIDATES BY THE TRANSPORTATION REVIEW COMMITTEE AND THE ELECTION OF COMMISSIONERS BY THE GENERAL ASSEMBLY; TO AMEND SECTION 57-1-330, RELATING TO ELECTION OF DEPARTMENT OF TRANSPORTATION COMMISSIONERS, SO AS TO DELETE THE PROVISION THAT PROVIDES THAT THE COMMISSIONERS MUST BE ELECTED BY THE LEGISLATIVE DELEGATIONS FROM EACH CONGRESSIONAL DISTRICT, TO LIMIT THE PERIOD THAT A PERSON MAY SERVE AS A COMMISSIONER TO NOT MORE THAN TWO THREE-YEAR TERMS OR NOT MORE THAN SIX YEARS, TO ESTABLISH SEVEN HIGHWAY ENGINEERING DISTRICTS FROM WHICH COMMISSIONERS MUST BE ELECTED, TO PROVIDE FOR THE ELECTION OF THE COMMISSION'S CHAIRMAN AND HIS TERM OF SERVICE AS CHAIRMAN, TO DELETE THE PROVISION THAT PROVIDES FOR THE ELECTION OF AN AT-LARGE COMMISSIONER WHO SERVES AT THE PLEASURE OF THE GOVERNOR, AND TO PROVIDE THAT THE SECRETARY OF TRANSPORTATION SHALL NOTIFY CERTAIN OFFICIALS OF THE GENERAL ASSEMBLY AND THE TRANSPORTATION REVIEW COMMITTEE WHEN A COMMISSION VACANCY OCCURS; TO AMEND SECTION 57-1-350, RELATING TO THE DEPARTMENT OF TRANSPORTATION COMMISSION'S SEAL, RULES, PROCEDURES, AND REIMBURSEMENT FOR EXPENSES, SO AS TO REVISE THE AMOUNT OF COMPENSATION COMMISSIONERS MUST RECEIVE FOR THEIR SERVICE, AND TO PROVIDE A LIST OF DUTIES AND RESPONSIBILITIES THAT MUST BE PERFORMED BY THE COMMISSION; TO AMEND SECTION 57-1-410, RELATING TO THE EMPLOYMENT OF THE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION BY THE GOVERNOR, SO AS TO CHANGE THE TITLE OF THIS PERSON FROM DIRECTOR TO SECRETARY OF TRANSPORTATION, AND TO PROVIDE THAT THIS PERSON MUST BE APPOINTED BY AND SERVE AT THE PLEASURE OF THE GOVERNOR; TO AMEND SECTION 57-1-450, RELATING TO THE APPOINTMENT OF DEPARTMENT OF TRANSPORTATION DEPUTY DIRECTORS BY THE DEPARTMENT'S DIRECTOR, SO AS TO PROVIDE THAT THIS DUTY SHALL BECOME THE RESPONSIBILITY OF THE SECRETARY OF TRANSPORTATION EXCEPT FOR THE APPOINTMENT OF THE INTERNAL AUDIT DIRECTOR AND THE INTERNAL AUDITORS WHO SHALL REPORT TO AND SERVE AT THE PLEASURE OF THE DEPARTMENT OF TRANSPORTATION COMMISSION; TO AMEND SECTION 57-1-490, RELATING TO THE DEPARTMENT OF TRANSPORTATION'S ANNUAL AUDIT, SO AS TO PROVIDE THAT THE STATE AUDITOR SHALL CONDUCT A PERFORMANCE AND COMPLIANCE AUDIT OF CERTAIN DIVISIONS OF THE DEPARTMENT, AND TO PROVIDE THAT COPIES OF ALL AUDITS MUST BE MADE AVAILABLE TO CERTAIN COMMITTEES OF THE GENERAL ASSEMBLY; BY ADDING ARTICLE 7 TO CHAPTER 1, TITLE 57 SO AS TO ESTABLISH THE TRANSPORTATION REVIEW COMMITTEE, ITS COMPOSITION, AND TO PROVIDE FOR ITS POWER AND DUTY TO REVIEW CANDIDATES FOR ELECTION TO THE DEPARTMENT OF TRANSPORTATION COMMISSION; TO AMEND SECTION 57-3-10, RELATING TO THE DIVISIONS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE FOR THE DIVISIONS OF HUMAN RESOURCES AND INTERNAL AUDIT; TO AMEND SECTION 57-3-20, RELATING TO THE RESPONSIBILITIES AND DUTIES OF THE DEPARTMENT OF TRANSPORTATION'S DIVISION DEPUTY DIRECTORS, SO AS TO ESTABLISH THE RESPONSIBILITIES FOR THE DIVISION DEPUTY DIRECTORS FOR HUMAN RESOURCES AND INTERNAL AUDITS; BY ADDING ARTICLE 5 TO CHAPTER 11, TITLE 57 SO AS TO PROVIDE FOR THE DISTRIBUTION OF FUNDS THAT THE DEPARTMENT OF TRANSPORTATION RECEIVES PURSUANT TO SECTION 11-11-150(H); TO REPEAL SECTIONS 57-1-320 AND 57-1-325 RELATING TO THE ELECTION OF DEPARTMENT OF TRANSPORTATION COMMISSIONERS WHEN A COUNTY IS DIVIDED AMONG MORE THAN ONE DEPARTMENT OF TRANSPORTATION DISTRICT, AND TO THE MEETING OF THE VARIOUS LEGISLATIVE DELEGATIONS TO ELECT DEPARTMENT OF TRANSPORTATION COMMISSIONERS; AND TO PROVIDE THE CODE COMMISSIONER WITH AUTHORITY TO MAKE CERTAIN TECHNICAL CHANGES.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5173CM07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 1-3-240(C) of the 1976 Code, as last amended by Act 137 of 2005, is further amended to read:
"(C) (1) Persons appointed to the following offices of the State may be removed by the Governor for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity:
(a) Workers' Compensation Commission;
(b) Reserved Department of Transportation Commissioners;
(c) Ethics Commission;
(d) Election Commission;
(e) Professional and Occupational Licensing Boards;
(f) Juvenile Parole Board;
(g) Probation, Parole and Pardon Board;
(h) Director of the Department of Public Safety;
( i) Board of the Department of Health and Environmental Control, excepting the chairman;
( j) Chief of State Law Enforcement Division;
(k) South Carolina Lottery Commission;
( l) Executive Director of the Office of Regulatory Staff; and
(m) Directors of the South Carolina Public Service Authority appointed pursuant to Section 58-31-20. A director of the South Carolina Public Service Authority also may be removed for his breach of any duty arising under Sections 58-31-55 or 58-31-56. The Governor must not request a director of the South Carolina Public Service Authority to resign unless cause for removal, as established by this subsection, exists. Removal of a director of the South Carolina Public Service Authority, except as is provided by this section or by Section 58-31-20(A), must be considered to be an irreparable injury for which no adequate remedy at law exists.
(2) Upon the expiration of an officeholder's term, the individual may continue to serve until a successor is appointed and qualifies.
SECTION 2. Section 1-30-10(B) of the 1976 Code is amended to read:
"(B) (1) The governing authority of each department shall be either:
(i) a director, and in the case of the Department of Commerce, the secretary, who must be appointed by the Governor with the advice and consent of the Senate, subject to removal from office by the Governor pursuant to provisions of Section 1-3-240; or,
(ii) a seven member board to be appointed and constituted in a manner provided for by law; or,
(iii) in the case of the Department of Agriculture and the Department of Education, the State Commissioner of Agriculture and the State Superintendent of Education, respectively, elected to office under the Constitution of this State.; or
(iv) in the case of the Department of Transportation a seven member board constituted in a manner provided by law, and a Secretary of Transportation appointed by and serves at the pleasure of the Governor."
SECTION 3. Section 1-30-105 of the 1976 Code is amended to read:
"Section 1-30-105. Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Transportation to be initially divided into divisions for Mass Transit, Construction and Maintenance, Engineering and Planning, Finance and Administration.; provided, however However, that the State Highway Department of Transportation Commission as constituted on June 30, 1993 June 30, 2007, under the provisions of Title 56 57, shall be is the governing authority for the department until February 15, 1994 2008, or as soon as its successors are elected or appointed and qualified, whichever is later pursuant to Section 57-1-310:
Department of Highways and Public Transportation, except Motor Vehicle Division Department of Motor Vehicles and State Highway Patrol, formerly provided for at Section 56-1-10, et seq."
SECTION 4. Section 8-13-1110(B) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:
"(B) Each of the following public officials, public members, and public employees must file a statement of economic interests with the appropriate supervisory office, unless otherwise provided:
(1) a person appointed to fill the unexpired term of an elective office;
(2) a salaried member of a state board, commission, or agency;
(3) the chief administrative official or employee and the deputy or assistant administrative official or employee or director of a division, institution, or facility of any agency or department of state government;
(4) the city administrator, city manager, or chief municipal administrative official or employee, by whatever title;
(5) the county manager, county administrator, county supervisor, or chief county administrative official or employee, by whatever title;
(6) the chief administrative official or employee of each political subdivision including, but not limited to, school districts, libraries, regional planning councils, airport commissions, hospitals, community action agencies, water and sewer districts, and development commissions;
(7) a school district and county superintendent of education;
(8) a school district board member and a county board of education member;
(9) the chief finance official or employee and the chief purchasing official or employee of each agency, institution, or facility of state government, and of each county, municipality, or other political subdivision including, but not limited to, those named in item (6);
(10) a public official;
(11) a public member who serves on a state board, commission, or council. ; and
(12) Department of Transportation District Engineering Administrators."
SECTION 5. Section 11-11-150 of the 1976 Code, as last amended by Part 1, Section 4A of Act 388 of 2006, is further amended by adding at the end:
"(H) In calculating estimated state individual and corporate income tax revenues for a fiscal year, the Board of Economic Advisors shall deduct the following amounts that must be credited to the Department of Transportation and distributed pursuant to Section 57-11-410:
Fiscal Year 2007-2008 $40,000,000
Fiscal Year 2008-2009 $80,000,000
Fiscal Year 2009-2010 $120,000,000
Fiscal Year 2010-2011 $160,000,000
Fiscal Year 2011-2012 and thereafter $200,000,000."
SECTION 6. Section 11-35-710 of the 1976 Code, as last amended by Act 376 of 2006, is further amended to read:
"Section 11-35-710. The board, upon the recommendation of the designated board office, may exempt governmental bodies from purchasing certain items through the respective chief procurement officer's area of responsibility. The board may exempt specific supplies, services, information technology, or construction from the purchasing procedures required in this chapter and for just cause by unanimous written decision limit or may withdraw exemptions provided for in this section. The following exemptions are granted from this chapter:
(1) the construction, maintenance, and repair of bridges, highways, and roads; vehicle and road equipment maintenance and repair; and other emergency-type parts or equipment utilized by the Department of Transportation or the Department of Public Safety;
(2) the purchase of raw materials by the South Carolina Department of Corrections, Division of Prison Industries;
(3) South Carolina State Ports Authority;
(4) Division of Public Railways of the Department of Commerce;
(5) South Carolina Public Service Authority;
(6) expenditure of funds at state institutions of higher learning derived wholly from athletic or other student contests, from the activities of student organizations, and from the operation of canteens and bookstores, except as the funds are used for the procurement of construction, architect-engineer, construction-management, and land surveying services;
(7) livestock, feed, and veterinary supplies;
(8) articles for commercial sale by all governmental bodies;
(9) fresh fruits, vegetables, meats, fish, milk, and eggs;
(10) South Carolina Arts Commission and South Carolina Museum Commission for the purchase of one-of-a-kind items such as paintings, antiques, sculptures, and similar objects. Before a governmental body procures the objects, the head of the purchasing agency shall prepare a written determination specifying the need for the objects and the benefits to the State. The South Carolina Arts Commission shall review the determination and forward a recommendation to the board for approval;
(11) published books, periodicals, and technical pamphlets;
(12) South Carolina Research Authority;
(13) the purchase of supplies, services, or information technology by state offices, departments, institutions, agencies, boards, and commissions or the political subdivisions of this State from the South Carolina Department of Corrections, Division of Prison Industries;
(14) Medical University Hospital Authority, if the Medical University Hospital Authority has promulgated a procurement process in accordance with its enabling provision.;
(15) the construction, maintenance, and repair of bridges, highways, and roads by the Department of Transportation when these projects receive federal funding and must comply with applicable federal laws and regulations and projects funded through County Transportation Committees, Councils of Government, the South Carolina Transportation Infrastructure Bank, and Metropolitan Planning Organizations;
(16) County Transportation Committees;
(17) Councils of Government;
(18) the South Carolina Transportation Infrastructure Bank; and
(19) Metropolitan Planning Organizations."
SECTION 7. Section 11-35-1230(1) of the 1976 Code, as last amended by Act 376 of 2006, is further amended to read:
"(1) The designated board office, through consultation with the chief procurement officers, shall develop written plans for the auditing of state procurements.
In procurement audits of governmental bodies thereafter, the auditors from the designated board office shall review the adequacy of the system's internal controls in order to ensure compliance with the requirement of this code and the ensuing regulations. Additionally, the procurement audits shall verify that exemptions contained in Section 11-35-710 (15) are valid. A noncompliance discovered through audit must be transmitted in management letters to the audited governmental body and the Budget and Control Board. The auditors shall provide in writing proposed corrective action to governmental bodies. Based upon audit recommendations of the designated board office, the board may revoke certification as provided in Section 11-35-1210 and require the governmental body to make all procurements through the appropriate chief procurement officer above a dollar limit set by the board, until such time as the board is assured of compliance with this code and its regulations by that governmental body."
SECTION 8. Section 57-1-10 of the 1976 Code is amended to read:
"Section 57-1-10. For the purposes of this title, the following words, phrases, and terms are defined as follows:
(1) 'Commission' means the administrative and governing body of the Department of Transportation.
(2) 'Department' means the Department of Transportation (DOT).
(3) "Director" 'Secretary of Transportation' means the chief administrative officer of the Department of Transportation.
(4) 'Highway Engineering District' means the seven geographical regions created by the Department of Transportation and approved by the commission from which the members of the commission must reside and be elected."
SECTION 9. Section 57-1-20 of the 1976 Code is amended to read:
"Section 57-1-20. The Department of Transportation is established as an administrative agency of state government which is comprised of a Division of Mass Transit; a Division of Construction Engineering and Planning; a Division of Human Resources; an Internal Audit Division; and a Division of Finance and Administration. Each division of the Department of Transportation shall have such functions and powers as provided for by law."
SECTION 10. Section 57-1-40 of the 1976 Code is amended by adding at the end:
"(C) Notwithstanding the provisions contained in subsection (A) and (B), the Department of Transportation Commission and the department's employees are subject to the provisions contained in Sections 2-17-80 and 2-17-90."
SECTION 11. Article 3, Chapter 1, Title 57 of the 1976 Code is amended by adding:
"Section 57-1-305. (A) The commission, is reconstituted under law in effect before the date this act is approved by the Governor, is reconstituted to continue in existence with the appointment and qualification of the members as prescribed in this article and with the changes in duties and powers as prescribed in this title.
(B) Nothing in this act affects the commission's jurisdiction over matters pending before the commission on or before February 15, 2008.
(C) The commission is composed of seven members to be elected by the General Assembly in the manner prescribed by this chapter. For any term beginning after February 15, 2008, each member must have:
(1) a baccalaureate or more advanced degree from:
(a) a recognized institution of higher learning requiring face-to-face contact between its students and instructors prior to completion of the academic program;
(b) an institution of higher learning that has been accredited by a regional or national accrediting body; or
(c) an institution of higher learning chartered before 1962; or
(2) a background of at least five years in a combination of the following:
(a) transportation;
(b) construction;
(c) finance;
(d) law;
(e) environmental issues;
(f) management; or
(g) engineering.
(D) The Department of Transportation Commission shall serve as currently appointed until new commissioners are qualified and elected."
SECTION 12. Section 57-1-310 of the 1976 Code is amended to read:
"Section 57-1-310. The congressional districts of this State are constituted and created Department of Transportation districts of the State, designated by numbers corresponding to the numbers of the respective congressional districts. The Commission of the Department of Transportation shall be composed of one member from each transportation district elected by the delegations of the congressional district and one member appointed by the Governor, upon the advice and consent of the Senate, from the State at large. Such elections or appointment, as the case may be, shall take into account race and gender so as to represent, to the greatest extent possible, all segments of the population of the State; however, consideration of these factors in making an appointment or in an election in no way creates a cause of action or basis for an employee grievance for a person appointed or elected or for a person who fails to be appointed or elected. (A) The Department of Transportation Commission consists of seven commissioners who reside in South Carolina and who shall have the qualifications stated in this section, as determined by the Transportation Review Committee pursuant to Article 7 of this chapter, before being appointed in the manner prescribed by this chapter. One member from each of the seven highway engineering districts shall be elected during a joint assembly of the House and Senate.
Each appointment shall take into account race and gender so as to represent, to the greatest extent possible, all segments of the population of the State. However, consideration of these factors in electing a commissioner does not create a cause of action or basis for an employee grievance for a person elected to or fails to be elected to the commission. Each successive commissioner must be appointed from a different county within a highway engineering district based upon the alphabetic order of the counties within the district. Each commissioner shall serve for a term of three years, except as provided in this section. At the expiration of the term of each commissioner and of each succeeding commissioner, a successor shall be appointed in the same manner as his predecessor for a term of three years or until his successor has been appointed and qualified. In the event of a commissioner vacancy due to death, resignation, or otherwise, his successor must be elected in the same manner as his predecessor and the successor-commissioner shall hold office for the unexpired term. Members of the commission may be removed for cause, as established in Section 1-3-240(C), by the Governor of the State. A member of the General Assembly of the State of South Carolina is not eligible for election as commissioner until he has been out of office for at least one year.
(B) Candidates for appointment to the commission must be screened by the Transportation Review Committee and, prior to election by the General Assembly, must be found qualified by meeting the minimum requirements contained in subsection (C). The review committee must submit a written report to the Clerks of the Senate and House of Representatives setting forth its findings as to the qualifications of each candidate. A candidate may not serve as a commissioner, even in an interim capacity, until he is screened and found qualified by the Transportation Review Committee."
SECTION 13. Section 57-1-330 of the 1976 Code is amended to read:
"Section 57-1-330. (A) Beginning February 15, 1994 2008, commissioners must be elected by the legislative delegation of each congressional district. For the purposes of electing a commission member, a legislator shall vote only in the congressional district in which he resides as provided in this article. All commission members must serve for a term of office of three years which expires on February fifteenth of the appropriate year. Commissioners shall continue to serve until their successors are elected and qualify, provided that a commissioner may only serve in a hold-over capacity for a period not to exceed six months. However, a person may not serve as a commissioner for more than two three-year terms or six years. Any vacancy occurring in the office of commissioner shall must be filled by election in the manner provided in this article for the unexpired term only. No person is eligible to serve as a commission member who is not a resident of that district at the time of his appointment, except that the at-large commission member may be appointed from any county in the State regardless of whether another commissioner is serving from that county. Failure by a commission member to maintain residency in the highway engineering district for which he is elected shall result in the forfeiture of his office. The at-large commission member upon confirmation, shall serve as chairman of the commission.
(B) The terms of the initial members of the commission appointed from congressional highway engineering districts are as follows:
(1) commission members appointed to represent odd-numbered congressional highway engineering districts--two three years; and
(2) commission members appointed to represent even-numbered congressional highway engineering districts--four two years.
(C) The at-large commissioner shall serve at the pleasure of the Governor. The chairman of the commission shall be a commissioner elected by a majority vote of the members of the commission and serve a term of two years.
(D) When a vacancy occurs from the death, resignation, or expiration of the term of a commissioner, the Secretary of Transportation shall notify the Clerks of the House of Representatives and Senate, and the members of the Transportation Review Committee of this occurrence."
SECTION 14. Section 57-1-350 of the 1976 Code is amended to read:
"Section 57-1-350. (A) The commission may adopt an official seal for use on official documents of the department.
(B) The commission shall adopt its own rules and procedures and may select such additional officers to serve such terms as the commission may designate.
(C) Commissioners must receive one thousand dollars for each month of service as a commissioner for district expenses and must be reimbursed for official expenses per diem and mileage as provided by law for members of state boards and commissions of the General Assembly as established in the annual general appropriation act when traveling to Columbia for official commission functions.
(D) The commission shall approve:
(1) the sale of surplus property by the department;
(2) the advertisement for consultant contracts and authorize the selection of consultants by department personnel;
(3) the adding to and deletion of roads from the State Highway System;
(4) the awarding of contracts by the department;
(5) the department's annual budget;
(6) the state transportation plan;
(7) the dedication and naming of highway facilities by the department;
(8) any contract entered into by the department with a value in excess of five hundred thousand dollars;
(9) additional contracts entered into by the department during a fiscal year with an entity that has already received individual contracts during that fiscal year that together are worth at least five hundred thousand dollars; and
(10) all contracts relating to road construction and maintenance.
(E) The department shall establish a priority list of projects to be undertaken by it. Once the priority list has been established by the department, it shall not be changed without two thirds approval by the commission at the request of the Secretary of Transportation. When compiling this list of projects, the department shall use, but is not limited to use, the following criteria:
(1) financial viability;
(2) public safety;
(3) potential for economic development;
(4) traffic volume;
(5) truck traffic;
(6) the pavement quality index; and
(7) environmental impact.
(F) The department shall conduct a public hearing in each county in which a public hearing is required by federal regulations to allow the department to share information regarding the project with the local community and to allow the local community to address its concerns with department officials. The hearing must include the opportunity for members of the public to address a hearing officer in a format in which comments can be heard by the general public attending the hearing or in a private setting, whichever is the speakers' choice.
(G) The commission shall annually review a road maintenance and bridge repair plan within each highway engineering district.
(H) The department shall promulgate regulations that utilize the criteria contained in subsection (E) for ranking projects in each highway engineering district."
SECTION 15. Section 57-1-410 of the 1976 Code is amended to read:
"Section 57-1-410. The commission Governor shall employ a director Secretary of Transportation who shall serve at the his pleasure of the commission. A person appointed to this position shall be a citizen of practical and successful business and executive ability who has a knowledge in the field of transportation. The director Secretary of Transportation shall receive such compensation as may be established under the provisions of Section 8-11-160 and for which funds have been authorized in the general appropriation act."
SECTION 16. Section 57-1-450 of the 1976 Code is amended to read:
"Section 57-1-450. (A) The director Secretary of Transportation shall appoint a deputy director for each division of the department who shall serve at the pleasure of the director, except for the internal audit director and internal auditors who shall report to and serve at the pleasure of the commission. and The Secretary of Transportation shall recommend the salary for each deputy director as allowed by statute or applicable law.
(B) The Department of Transportation District Engineering Administrators or individuals performing the function of district engineering administrators who oversee the seven Highway Engineering Districts, serve at the pleasure of the Secretary of Transportation."
SECTION 17. Section 57-1-490 of the 1976 Code is amended to read:
"Section 57-1-490. (A) The department shall must be audited by a certified public accountant or firm of certified public accountants once each year to be designated by the State Auditor. The designated accountant or firm of accountants shall issue audited financial statements in accordance with generally accepted accounting principles, and such financial statements shall be made available annually by October fifteenth to the General Assembly. The costs and expenses of the audit must be paid by the department out of its funds.
(B) The Legislative Audit Council shall contract for an independent performance and compliance audit of the department's finance and administration division, mass transit division, and construction engineering and planning division. This audit should be completed by January 15, 2009. The Legislative Audit Council may contract for follow-up audits or conduct follow-up audits as needed based upon the audit's initial findings. The costs of these audits, including related administrative and management expenses of the Legislative Audit Council, are an operating expense of the department. The department shall pay directly to the Legislative Audit Council the cost of the audits.
(C) Copies of every audit conducted pursuant to this section must be made available to the Governor, the chairmen of the Senate Finance and Transportation Committees, and the House of Representatives Ways and Means and Education and Public Works Committees."
SECTION 18. Chapter 1, Title 57 of the 1976 Code is amended by adding:
Section 57-1-710. There is established the Transportation Review Committee, to be called the review committee, which must exercise the powers and fulfill the duties described in this article.
Section 57-1-720. (A) The review committee is composed of ten members, three of whom must be members of the House of Representatives, including the Chairman of the Education and Public Works Committee, or his designee, and the Chairman of the Ways and Means Committee, or his designee, and one member appointed by the Speaker of the House of Representatives. Three of the members must be members of the Senate, including the Chairman of the Transportation Committee, or his designee, the Chairman of the Senate Finance Committee, or his designee, and one member appointed by the President Pro Tempore of the Senate. Two members of the committee must be appointed by the Speaker of the House of Representatives from the public at large, and two members of the committee must be appointed by the President Pro Tempore of the Senate from the public at large. However, in making appointments to the joint committee, race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation, to the greatest extent possible, of all segments of the population of the State. The members of the general public appointed by the Speaker and the President Pro Tempore of the Senate must be representative of all citizens of this State and must not be members of the General Assembly and must possess knowledge in a related field.
(B) The review committee must meet as soon as practicable after appointment and organize itself by electing one of its members as chairman and other officers as the review committee may consider necessary. Thereafter, the review committee must meet at least annually and at the call of the chairman or by a majority of the members. A quorum consists of six members.
(C) The review committee has the power and duty to review candidates for election to the Department of Transportation Commission to determine whether the candidates meet the qualifications set forth in this chapter.
(D) Unless the review committee finds a candidate qualified and nominates the candidate for a seat on the Department of Transportation Commission, the candidate must not be elected to the commission.
(E) The review committee members are entitled to such mileage, subsistence, and per diem as authorized by law for members of boards, committees, and commissions while in the performance of the duties for which appointed. These expenses shall be paid from the general fund of the State on warrants duly signed by the chairman of the review committee and payable by the authorities from which they are appointed.
The expenses associated with the review committee duties to qualify and nominate candidates for the commission must be paid from the general fund of the State.
(F) The review committee must use clerical and professional employees of the General Assembly for its staff, who must be made available to the review committee.
(G) The review committee may employ or retain other professional staff, upon the determination of the necessity for other staff by the review committee.
(H) The costs and expenses of the review committee must be funded in the annual state General Appropriations Act."
SECTION 19. Section 57-3-10 of the 1976 Code is amended to read:
"Section 57-3-10. The Department of Transportation must be divided into such divisions as the commission may prescribe but must consist of the following principal divisions: finance and administration; construction, engineering, and planning; and mass transit; human resources; and internal audit. The commission may establish other divisions, or ancillary or service divisions as may be necessary for the efficient and economic operation of the division and to carry out the functions and purposes of the division."
SECTION 20. Section 57-3-20 of the 1976 Code is amended to read:
"Section 57-3-20. The responsibilities and duties of the following division deputy directors must include, but not be limited to, the following:
(1) division deputy director for finance and administration:
a. financial planning and management;
b. accounting systems necessary to comply with all federal and/or state laws and/or regulations as well as all policies established by the Comptroller General; and
c. administrative functions, including recording proceedings of the commission and developing policy and procedures to ensure compliance with these policies and procedures.
(2) division deputy director for construction, engineering, and planning:
a. development of statewide strategic highway plans; and
b. directs highway engineering activities, including construction, design, construction oversight, and maintenance of state highways.
(3) division deputy director for mass transit:
a. development of a statewide mass transit system; and
b. coordinate the preservation and revitalization of existing rail corridors.
(4) division deputy director for human resources:
a. employ an ethics compliance officer to ensure that the department's employees and commission comply fully with all laws that govern their ethical conduct.
b. conduct two hours of mandatory ethics training seminars for all department employees and commissioners on a biennial basis. However, it must conduct a mandatory two-hour ethics seminar for each newly-hired employee and newly-elected commissioner within one month of their employment or election.
(5) division deputy director for internal audits shall examine the finances of the department and provide an annual financial report to the commission."
SECTION 21. Chapter 11, Title 57 of the 1976 Code is amended by adding:
Section 57-11-410. Of the amount set aside pursuant to Section 11-11-150(H), the South Carolina Department of Transportation must:
(1) make the following annual contributions from non-state tax resources to the State Highway Account of the South Carolina Transportation Infrastructure Bank:
Fiscal Year 2007-2008 $20,000,000
Fiscal Year 2008-2009 $40,000,000
Fiscal Year 2009-2010 $60,000,000
Fiscal Year 2010-2011 $80,000,000
Fiscal Year 2011-2012 and thereafter $100,000,000; and
(2) make the following annual contributions to the State Non-Federal Aid Highway Fund of the South Carolina Department of Transportation for maintenance and construction with seventy-five percent of the funds designated for maintenance and twenty-five percent designated for construction:
Fiscal Year 2007-2008 $20,000,000
Fiscal Year 2008-2009 $40,000,000
Fiscal Year 2009-2010 $60,000,000
Fiscal Year 2010-2011 $80,000,000
Fiscal Year 2011-2012 and thereafter $100,000,000."
SECTION 22. Section 8-17-370 of the 1976 Code, as last amended by Act 153 of 2005, is further amended to read:
"Section 8-17-370. The provisions of this article do not apply to:
(1) members, officers, or employees of the General Assembly;
(2) employees within the Office of the Governor who work at the mansion or in the State House or those employees appointed by the Governor to serve at or above the organizational level of assistant directors of the individual program components;
(3) elected public officials of this State or persons appointed to fill vacancies in these offices;
(4) all judges, officers, and employees of the Judicial Department; jurors; all employees of the Commission on Prosecution Coordination; and the judges, officers, and employees of the Administrative Law Judge Division;
(5) members of state boards, commissions, councils, advisory councils, or committees compensated on a per diem basis;
(6) inmate help in a charitable, penal, or correctional institution, residents of rehabilitation facilities, or students employed in institutions of learning;
(7) part-time professional personnel engaged in consultant or contractual services;
(8) an agency head who has the authority and responsibility for an agency within state government including the divisions of the State Budget and Control Board;
(9) employees of the Public Service Authority, State Ports Authority, the Jobs-Economic Development Authority, or the Division of Public Railways and the Division of Savannah Valley Development of the Department of Commerce;
(10) teaching or research faculty, professional librarians, academic administrators, or other persons holding faculty appointments at a four-year post-secondary educational institution, including its branch campuses, if any, as defined in Section 59-107-10;
(11) athletic coaches and unclassified employees in the athletic departments of four-year post-secondary educational institutions as defined in Section 59-107-10;
(12) deputy directors as defined in Section 8-17-320;
(13) regional and county directors of the Department of Social Services as defined in Section 43-3-40(B);
(14) employees of the Medical University Hospital Authority, provided the Medical University Hospital Authority has promulgated an employee grievance plan in accordance with its enabling provision;
(15) presidents of the South Carolina Technical College System;
(16) a retired member of the South Carolina Police Officers Retirement System or a retired member of the South Carolina Retirement System who is hired by an agency to fill all or some fraction of a full-time equivalent (FTE) position covered by the State Employee Grievance Procedure Act; and
(17) notwithstanding the provisions of Section 9-1-2210(E), any participant in the Teacher and Employee Retention Incentive Program.;
(18) the chief investment officer and all other employees of the Retirement System Investment Commission.; and
(19) District Engineering Administrators or individuals performing the function of district engineering administrators of the Department of Transportation."
SECTION 23. Sections 57-1-320 and 57-1-325 are repealed.
SECTION 24. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 25. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 26. Wherever the term director appears in the 1976 Code and means the chief administrative officer of the Department of Transportation, it shall mean the Secretary of Transportation. Wherever the term Department of Transportation District appears in the 1976 Code and means the geographical regions from which members of the Department of Transportation Commission must be elected, it shall mean highway engineering district. The Code Commissioner is directed to change these references at a time and in a manner that is timely and cost effective.
SECTION 27. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. LUCAS explained the amendment.
The amendment was then adopted.
Rep. G. R. SMITH proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\5185CM07), which was tabled:
Amend the bill, as and if amended, by deleting SECTION 27 and inserting:
/ SECTION 27. Unless otherwise provided, this act takes effect July 1, 2007, and expires on July 1, 2012, unless reauthorized by the General Assembly for an additional period. If this act is not reauthorized for an additional period by the General Assembly, then the Legislative Audit Council must complete a follow-up audit before July 1, 2012. This audit must be based upon the initial findings contained in the comprehensive audit as required by this act. The Legislative Audit Council shall determine the scope of the follow-up audit based upon the initial findings. However, the follow-up audit must include a review of all identified cost savings. /
Renumber sections to conform.
Amend title to conform.
Rep. G. R. SMITH explained the amendment.
Rep. LUCAS spoke against the amendment.
Rep. G. R. SMITH spoke in favor of the amendment.
Rep. LUCAS moved to table the amendment.
The amendment was then tabled by a division vote of 66 to 20.
Rep. LOFTIS proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\11416AC07), which was adopted:
Amend the bill, as and if amended, Section 57-1-350(E)(4), page 3575-11 after /volume/ by inserting /and congestion/
Renumber sections to conform.
Amend title to conform.
Rep. LOFTIS explained the amendment.
The amendment was then adopted.
Rep. BOWERS proposed the following Amendment No. 6 (Doc Name COUNCIL\SWB\5195CM07), which was tabled:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION__. Section 57-3-50 of the 1976 Code is amended to read:
Section 57-3-50. The commission may establish such highway districts as in its opinion shall be necessary for the proper and efficient performance of its duties. The commission, every ten years, must review the number of highway districts and the territory embraced within the districts and make such changes as may be necessary for the proper and efficient operation of the districts. The Department of Transportation Highway Engineering Districts as defined in Section 57-1-10(4) are comprised of the following counties:
District 1. Aiken, Kershaw, Lee, Lexington, Richland, and Sumter;
District 2. Abbeville, Edgefield, Greenwood, Laurens, McCormick, Newberry, and Saluda;
District 3. Anderson, Greenville, Oconee, Pickens, and Spartanburg;
District 4. Cherokee, Chester, Chesterfield, Fairfield, Lancaster, Union, and York;
District 5. Darlington, Dillon, Florence, Georgetown, Horry, Marion, Marlboro, and Williamsburg;
District 6. Beaufort, Berkeley, Charleston, Colleton, Dorchester, Hampton, and Jasper;
District 7. Allendale, Bamberg, Barnwell, Calhoun, Clarendon, and Orangeburg. /
Renumber sections to conform.
Amend title to conform.
Rep. BOWERS explained the amendment.
Rep. LUCAS spoke against the amendment.
Rep. LUCAS moved to table the amendment, which was agreed to.
Rep. SKELTON proposed the following Amendment No. 7 (Doc Name COUNCIL\BBM\9897HTC07), which was tabled:
Amend the bill, as and if amended, page 3575-4, by striking SECTION 5 in its entirety.
Amend the bill further, as and if amended, beginning on page 3575-15, by striking SECTION 21 and inserting:
/ SECTION 21. A. Section 12-28-310(A) of the 1976 Code, as last amended by Act 386 of 2006, is further amended to read:
"(A) Subject to the exemptions provided in this chapter, a user fee of sixteen twenty-one cents a gallon is imposed on:
(1) all gasoline, gasohol, or blended fuels containing gasoline that are used or consumed for any purpose in this State; and
(2) all diesel fuel, substitute fuels, or alternative fuels, or blended fuels containing diesel fuel that are used or consumed in this State in producing or generating power for propelling motor vehicles."
B. Section 56-11-410 of the 1976 Code is amended to read:
"Section 56-11-410. A road tax for the privilege of using the streets and highways in this State is imposed upon every motor carrier. The tax is equivalent to sixteen twenty-one cents a gallon, calculated on the amount of gasoline or other motor fuel used by the motor carrier in its operations within this State. Except as credit for certain taxes as provided for in this chapter, taxes imposed on motor carriers by this chapter are in addition to taxes imposed upon the carriers by any other provision of law."
C. Section 12-36-910(D) of the 1976 Code, as added by Act 388 of 2006, is amended to read:
"(D)(1) Notwithstanding the rate of the tax imposed pursuant to subsection (A) of this section or the rate of any other sales tax imposed pursuant to this chapter and the rate of any use tax imposed pursuant to this chapter, the sales and use tax on the gross proceeds of sales or sales price of unprepared food which lawfully may be purchased with United States Department of Agriculture food coupons is three one percent.
(2) There is transferred from the general fund of the State to the EIA Fund in fiscal year 2006-2007 the revenue estimated by the Board of Economic Advisors to equal EIA revenue not received as a result of the two percent sales tax differential provided pursuant to this subsection. All revenue of the one percent state sales and use tax imposed pursuant to item (1) of this subsection must be credited to the Education Improvement Act of 1984 Fund."
D. This section takes effect July 1, 2007. /
Renumber sections to conform.
Amend title to conform.
Rep. SKELTON explained the amendment.
Rep. COOPER moved to table the amendment.
Rep. DAVENPORT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anthony Bales Bannister Barfield Battle Bedingfield Bingham Bowen Brady Brantley G. Brown R. Brown Cato Ceips Chellis Clemmons Cooper Cotty Crawford Dantzler Delleney Duncan Edge Gambrell Govan Hagood Haley Hardwick Harrell Harrison Hart Hayes Hinson Hiott Hodges Huggins Jefferson Kelly Kirsh Knight Leach Limehouse Loftis Lowe Lucas Mahaffey Merrill Miller Moss Neilson Ott Owens Pinson Sandifer Scarborough Sellers Shoopman Simrill G. M. Smith J. R. Smith W. D. Smith Spires Stavrinakis Talley Taylor Thompson Toole Umphlett Vick Viers Walker White Witherspoon Young
Those who voted in the negative are:
Alexander Anderson Bowers Branham Chalk Cobb-Hunter Coleman Davenport Frye Funderburk Hamilton Harvin Hosey Howard Jennings Kennedy Littlejohn Mack McLeod Mitchell Mulvaney J. H. Neal J. M. Neal Parks Perry E. H. Pitts Rice Skelton D. C. Smith F. N. Smith G. R. Smith Stewart Weeks Whipper Whitmire Williams
So, the amendment was tabled.
Rep. SKELTON proposed the following Amendment No. 8 (Doc Name COUNCIL\SWB\5163CM07), which was tabled:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION __. Article 1, Chapter 13, Title 16 of the 1976 Code is amended by adding:
"Section 16-13-225. Notwithstanding another provision of law, it is unlawful for a member of the General Assembly to contact a member of the Department of Transportation Commission or an employee of the department with the intent to influence a decision that will be made by the commission or the department. A person who violates this provision is guilty of a felony and, upon conviction, must be imprisoned not more than five years. /
Renumber sections to conform.
Amend title to conform.
Rep. SKELTON explained the amendment.
Rep. WHITE moved to table the amendment, which was agreed to.
Rep. SCOTT proposed the following Amendment No. 13 (Doc Name COUNCIL\SWB\5204CM07), which was tabled:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/SECTION __. The department shall promulgate regulations to implement the provisions of this act, including but not limited to, procedures for proposing and advancing individual projects in the state transportation plan. /
Renumber sections to conform.
Amend title to conform.
Rep. SCOTT explained the amendment.
Rep. LUCAS spoke against the amendment.
Rep. SCOTT moved to table the amendment, which was agreed to.
Reps. YOUNG and LUCAS proposed the following Amendment No. 14 (Doc Name COUNCIL\SWB\5199CM07), which was adopted:
Amend the bill, as and if amended, Section 57-1-310(B), as contained in SECTION 12, by deleting Section 57-1-310(B) and inserting:
/ (B) Candidates for appointment to the commission must be screened by the Transportation Review Committee and, prior to election by the General Assembly, must be found qualified by meeting the minimum requirements contained in Section 57-1-305(C). The review committee must submit a written report to the Clerks of the Senate and House of Representatives setting forth its findings as to the qualifications of each candidate. A candidate may not serve as a commissioner, even in an interim capacity, until he is screened and found qualified by the Transportation Review Committee. /
Renumber sections to conform.
Amend title to conform.
Rep. LUCAS explained the amendment.
The amendment was then adopted.
Rep. OTT proposed the following Amendment No. 15 (Doc Name COUNCIL\SWB\5203CM07), which was adopted:
Amend the bill, as and if amended, Section 57-1-330, as contained in SECTION 13, by deleting Section 157-1-330 and inserting:
/"Section 57-1-330. (A) Beginning February 15, 1994 2008, commissioners must be elected by the legislative delegation of each congressional district. For the purposes of electing a commission member, a legislator shall vote only in the congressional district in which he resides as provided in this article. All commission members must serve for a term of office of three four years which expires on February fifteenth of the appropriate year. Commissioners shall continue to serve until their successors are elected and qualify, provided that a commissioner may only serve in a hold-over capacity for a period not to exceed six months. However, a person may not serve as a commissioner for more than one term, or not more than four years. Any vacancy occurring in the office of commissioner shall must be filled by election in the manner provided in this article for the unexpired term only. No person is eligible to serve as a commission member who is not a resident of that district at the time of his appointment, except that the at-large commission member may be appointed from any county in the State regardless of whether another commissioner is serving from that county. Failure by a commission member to maintain residency in the highway engineering district for which he is elected shall result in the forfeiture of his office. The at-large commission member upon confirmation, shall serve as chairman of the commission.
(B) The terms of the initial members of the commission appointed from congressional highway engineering districts are as follows:
(1) commission members appointed to represent odd-numbered congressional highway engineering districts two four years; and
(2) commission members appointed to represent even-numbered congressional highway engineering districts--four two years.
(C) The at-large commissioner shall serve at the pleasure of the Governor. The chairman of the commission shall be a commissioner elected by a majority vote of the members of the commission and serve a term of two years.
(D) When a vacancy occurs from the death, resignation, or expiration of the term of a commissioner, the Secretary of Transportation shall notify the Clerks of the House of Representatives and Senate, and the members of the Transportation Review Committee of this occurrence." /
Renumber sections to conform.
Amend title to conform.
Rep. OTT explained the amendment.
Rep. YOUNG moved to table the amendment.
Rep. OTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bannister Bedingfield Chellis Cooper Crawford Dantzler Delleney Frye Gambrell Gullick Hamilton Harrell Hinson Huggins Kelly Kirsh Leach Limehouse Littlejohn Loftis Lowe Lucas Mahaffey Merrill Mulvaney J. M. Neal Owens Perry E. H. Pitts Rice Scarborough Shoopman Simrill D. C. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stewart Taylor Umphlett White Young
Those who voted in the negative are:
Agnew Alexander Anderson Anthony Bales Barfield Battle Bowen Bowers Brady Branham Brantley G. Brown Cato Ceips Clemmons Clyburn Cobb-Hunter Coleman Cotty Davenport Duncan Edge Funderburk Govan Hagood Hardwick Harrison Hart Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Howard Jefferson Kennedy Knight Mack McLeod Miller Mitchell Moss J. H. Neal Neilson Ott Parks Pinson Sandifer Scott Sellers Skelton G. M. Smith Stavrinakis Thompson Toole Vick Viers Walker Weeks Whipper Whitmire Williams Witherspoon
So, the House refused to table the amendment.
Rep. WHITE spoke against the amendment.
Rep. LUCAS spoke in favor of the amendment.
Rep. SKELTON spoke in favor of the amendment.
The amendment was then adopted.
Rep. SCOTT proposed the following Amendment No. 17 (Doc Name COUNCIL\SWB\5208CM07), which was tabled:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION __. A legislative study committee shall be established comprised of at least three members of the Senate and three members of the House of Representatives to study and make recommendations of ways to promote the increased use of multi-modal transportation options. The study shall include, but not be limited to, the consideration of urban and rural transit bus and rail alternatives and strategies to increase safety for motorists, cyclists, and pedestrians on existing and future transportation facilities by providing for sidewalks, bicycle lanes, increased shoulders, greenways, improved signage, striping and signalization, pedestrian islands, bus pullouts, enhanced pedestrian crossings, and traffic calming design features. The committee shall submit its recommendations to the Speaker of the House of Representatives, Chairman of the House of Representatives Ways and Means Committee, Chairman of the House of Representatives Education and Public Works Committee, Chairman of the Senate Finance Committee and Chairman of the Senate Transportation Committee no later than January 15, 2008. /
Renumber sections to conform.
Amend title to conform.
Rep. SCOTT explained the amendment.
Rep. YOUNG moved to table the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anthony Bannister Barfield Battle Bedingfield Bingham Bowen Brady G. Brown Cato Ceips Chalk Chellis Clemmons Coleman Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Edge Frye Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hinson Hiott Huggins Kelly Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lowe Lucas Mahaffey Merrill Miller Moss Mulvaney J. M. Neal Owens Perry Pinson E. H. Pitts Rice Sandifer Scarborough Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stewart Talley Taylor Thompson Toole Umphlett Viers Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Alexander Anderson Bales Bowers Branham Brantley Breeland Clyburn Cobb-Hunter Funderburk Govan Hart Harvin Hayes Hodges Hosey Howard Jefferson Knight Mack McLeod Mitchell J. H. Neal Neilson Ott Parks Rutherford Scott Sellers Stavrinakis Vick Weeks Whipper Williams
So, the amendment was tabled.
The SPEAKER granted Rep. RICE a leave of absence for the remainder of the day.
Rep. HAYES proposed the following Amendment No. 19 (Doc Name COUNCIL\SWB\5217CM07), which was tabled:
Amend the bill, as and if amended, Section 57-1-310, as contained in SECTION 12, by deleting Section 57-1-310 and inserting:
/ "Section 57-1-310. The congressional districts of this State are constituted and created Department of Transportation districts of the State, designated by numbers corresponding to the numbers of the respective congressional districts. The Commission of the Department of Transportation shall be composed of one member from each transportation district elected by the delegations of the congressional district and one member appointed by the Governor, upon the advice and consent of the Senate, from the State at large. Such elections or appointment, as the case may be, shall take into account race and gender so as to represent, to the greatest extent possible, all segments of the population of the State; however, consideration of these factors in making an appointment or in an election in no way creates a cause of action or basis for an employee grievance for a person appointed or elected or for a person who fails to be appointed or elected. (A) The Department of Transportation Commission consists of seven commissioners who reside in South Carolina and who shall have the qualifications stated in this section, as determined by the Transportation Review Committee pursuant to Article 7 of this chapter, before being appointed in the manner prescribed by this chapter. One member from each of the seven highway engineering districts must be elected by the legislative delegation of each highway engineering district.
Each appointment shall take into account race and gender so as to represent, to the greatest extent possible, all segments of the population of the State. However, consideration of these factors in electing a commissioner does not create a cause of action or basis for an employee grievance for a person elected to or fails to be elected to the commission. Each successive commissioner must be appointed from a different county within a highway engineering district based upon the alphabetic order of the counties within the district. Each commissioner shall serve for a term of three years, except as provided in this section. At the expiration of the term of each commissioner and of each succeeding commissioner, a successor shall be appointed in the same manner as his predecessor for a term of three years or until his successor has been appointed and qualified. In the event of a commissioner vacancy due to death, resignation, or otherwise, his successor must be elected in the same manner as his predecessor and the successor-commissioner shall hold office for the unexpired term. Members of the commission may be removed for cause, as established in Section 1-3-240(C), by the Governor of the State. A member of the General Assembly of the State of South Carolina is not eligible for election as commissioner until he has been out of office for at least one year.
(B) Candidates for appointment to the commission must be screened by the Transportation Review Committee and, prior to election by the legislative delegation of each highway engineering district, must be found qualified by meeting the minimum requirements contained in Section 57-1-40(C). The review committee must submit a written report to the Clerks of the Senate and House of Representatives setting forth its findings as to the qualifications of each candidate. A candidate may not serve as a commissioner, even in an interim capacity, until he is screened and found qualified by the Transportation Review Committee." /
Amend the bill further, as and if amended, by adding the following appropriately numbered SECTIONS:
/ SECTION__. Section 57-3-50 of the 1976 Code is amended to read:
"Section 57-3-50. The commission may establish such highway districts as in its opinion shall be necessary for the proper and efficient performance of its duties. The commission, every ten years, must review the number of highway districts and the territory embraced within the districts and make such changes as may be necessary for the proper and efficient operation of the districts. The Department of Transportation Highway Engineering Districts as defined in Section 57-1-10(4) are comprised of the following counties:
District 1. Aiken, Kershaw, Lee, Lexington, Richland, and Sumter;
District 2. Abbeville, Edgefield, Greenwood, Laurens, McCormick, Newberry, and Saluda;
District 3. Anderson, Greenville, Oconee, Pickens, and Spartanburg;
District 4. Cherokee, Chester, Chesterfield, Fairfield, Lancaster, Union, and York;
District 5. Darlington, Dillon, Florence, Georgetown, Horry, Marion, Marlboro, and Williamsburg;
District 6. Beaufort, Berkeley, Charleston, Colleton, Dorchester, Hampton, and Jasper;
District 7. Allendale, Bamberg, Barnwell, Calhoun, Clarendon, and Orangeburg."
SECTION __. Section 57-1-320 of the 1976 Code is amended to read:
"Section 57-1-320. (A) A county that is divided among two or more Department of Transportation highway engineering districts, for purposes of electing a commission member, is deemed to be considered in the district which contains the largest number of residents from that county.
(B) No county within a Department of Transportation district shall have a resident commission member for more than one consecutive term and in no event shall any two persons from the same county serve as a commission member simultaneously except as provided hereinafter."
SECTION __. Section 57-1-325 of the 1976 Code is amended to read:
"Section 57-1-325. Legislators residing in the congressional a highway engineering district shall meet upon written call of a majority of the members of the delegation of each district at a time and place to be designated in the call for the purpose of electing a commissioner to represent the district. A majority present, either in person or by written proxy, of the delegation from a given congressional highway engineering district constitute a quorum for the purpose of electing a district commissioner. No person may be elected commissioner who fails to receive a majority vote of the members of the delegation.
The delegation must be organized by the election of a chairman and a secretary, and the delegations of each congressional highway engineering district shall adopt such rules as they consider proper to govern the election. Any An absentee may vote by written proxy. When the election is completed, the chairman and the secretary of the delegation shall immediately transmit the name of the person elected to the Secretary of State who shall issue to the person, after he has taken the usual oath of office, a certificate of election as commissioner. The Governor shall thereupon then issue a commission to the person, and pending the issuance of the commission the certificate of election is sufficient warrant to the person to perform all of the duties and functions of his office as commissioner. Each commissioner shall serve until his successor is elected and qualified as provided in this article."/
Amend the bill further, as and if amended, by deleting SECTION 23 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. HAYES explained the amendment.
Rep. OTT spoke in favor of the amendment.
Rep. E. H. PITTS spoke against the amendment.
Rep. E. H. PITTS moved to table the amendment.
Rep. OTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Bannister Bedingfield Bingham Brady Cato Chellis Cooper Crawford Dantzler Duncan Frye Gambrell Hagood Haley Hamilton Harrell Harrison Haskins Herbkersman Hinson Kelly Leach Limehouse Littlejohn Loftis Lowe Lucas Mahaffey Merrill Mulvaney Perry E. H. Pitts Sandifer Scarborough Shoopman D. C. Smith G. R. Smith J. R. Smith W. D. Smith Stavrinakis Stewart Talley Taylor Toole Umphlett Walker White Whitmire Young
Those who voted in the negative are:
Alexander Anderson Anthony Bales Barfield Battle Bowen Bowers Branham Breeland G. Brown R. Brown Ceips Chalk Clemmons Clyburn Cobb-Hunter Coleman Cotty Delleney Edge Funderburk Govan Hardwick Hart Harvin Hayes Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Knight Mack McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Owens Parks Pinson Rutherford Scott Sellers Simrill Skelton G. M. Smith Spires Thompson Vick Viers Weeks Whipper Williams Witherspoon
So, the House refused to table the amendment.
The SPEAKER granted Rep. SANDIFER a leave of absence due to a doctor's appointment.
Rep. YOUNG spoke against the amendment.
Rep. OTT spoke in favor of the amendment.
Rep. LUCAS spoke against the amendment.
Rep. D. C. SMITH spoke against the amendment.
Rep. E. H. PITTS spoke against the amendment.
Rep. HAYES moved to table the amendment, which was agreed to.
Rep. OTT proposed the following Amendment No. 20 (Doc Name COUNCIL\SWB\5220CM07), which was tabled:
Amend the bill, as and if amended, Section 1-30-10(B)(iv), as contained in SECTION 2, by deleting Section 1-30-10(B)(iv) and inserting:
/ (iv) in the case of the Department of Transportation a seven member board constituted in a manner provided by law, and a Secretary of Transportation appointed by the Governor. The secretary shall serve at the pleasure of the Governor, or may be removed from office by a two-thirds vote by the members of the Department of Transportation Commission for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity./
Amend the bill further, Section 57-1-410, as contained in SECTION 15, by deleting Section 57-1-410, and inserting:
/ Section 57-1-410. The commission Governor shall employ a director Secretary of Transportation. who The secretary shall serve at the his pleasure of the commission, or may be removed from office by a two-thirds vote by the members of the Department of Transportation Commission for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity. A person appointed to this position shall be a citizen of practical and successful business and executive ability who has a knowledge in the field of transportation. The director Secretary of Transportation shall receive such compensation as may be established under the provisions of Section 8-11-160 and for which funds have been authorized in the general appropriation act. /
Renumber sections to conform.
Amend title to conform.
Rep. OTT explained the amendment.
Rep. YOUNG moved to table the amendment.
Rep. OTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anthony Bannister Barfield Battle Bedingfield Bingham Bowen Brady Cato Ceips Chalk Chellis Clemmons Clyburn Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Edge Frye Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Herbkersman Hinson Hiott Huggins Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mahaffey Merrill Miller Moss Mulvaney J. M. Neal Owens Perry Pinson E. H. Pitts Scarborough Scott Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stavrinakis Talley Taylor Thompson Toole Umphlett White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Alexander Anderson Bales Bowers Branham Brantley Breeland G. Brown Cobb-Hunter Funderburk Govan Hart Harvin Hayes Hodges Hosey Howard Jefferson Jennings Kennedy Mack McLeod Mitchell J. H. Neal Neilson Ott Parks Rutherford Sellers Spires Vick Viers Weeks Whipper Williams
So, the amendment was tabled.
Reps. YOUNG and LUCAS proposed the following Amendment No. 21 (Doc Name COUNCIL\SWB\5226CM07), which was adopted:
Amend the bill, as and if amended, Section 57-1-350(D)(6), as contained in SECTION 14, by deleting Section 57-1-350(D)(6) and inserting:
/ (6) The Statewide Transportation Improvement Program; /
Renumber sections to conform.
Amend title to conform.
Rep. LUCAS explained the amendment.
The SPEAKER granted Rep. W. D. SMITH a leave of absence for the remainder of the day.
The SPEAKER granted Rep. TALLEY a leave of absence for the remainder of the day.
Rep. LUCAS continued speaking.
The amendment was then adopted.
Rep. LUCAS proposed the following Amendment No. 22 (Doc Name COUNCIL\SWB\5224CM07), which was adopted:
Amend the bill, as and if amended, Section 57-1-350(D)(4), as contained in SECTION 14, by deleting Section 57-1-350(D)(4) and inserting:
/ (4) the execution of contracts by the department; /
Renumber sections to conform.
Amend title to conform.
Rep. LUCAS explained the amendment.
The amendment was then adopted.
Reps. EDGE and CLEMMONS proposed the following Amendment No. 23 (Doc Name COUNCIL\SWB\5227CM07), which was tabled:
Amend the bill, as and if amended, Section 1-30-10(B)(1), as contained in SECTION 2, by deleting Section 1-30-10(B)(1) and inserting:
/ "(1) The governing authority of each department shall be is either:
( i) a director, and in the case of the Department of Commerce, the secretary, who must be appointed by the Governor with the advice and consent of the Senate, subject to removal from office by the Governor pursuant to provisions of Section 1-3-240; or,
(ii) a seven member board to be appointed and constituted in a manner provided for by law; or,
(iii) in the case of the Department of Agriculture and the Department of Education, the State Commissioner of Agriculture and the State Superintendent of Education, respectively, elected to office under the Constitution of this State;
(iv) or in the case of the Department of Transportation, the secretary, who must be appointed by the Governor." /
Amend the bill further, as and if amended, Section 1-30-105, as contained in SECTION 3, by deleting Section 1-30-105 and inserting:
/ "Section 1-30-105. (A) Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Transportation to be initially divided into divisions for Mass Transit, Construction and Maintenance, Engineering and Planning, Finance and Administration; provided, however, that the State Highway Commission as constituted on June 30, 1993, under the provisions of Title 56, shall be the governing authority for the department until February 15, 1994, or as soon as its successors are elected or appointed and qualified, whichever is later:
Department of Highways and Public Transportation, except Motor Vehicle Division and State Highway Patrol, formerly provided for at Section 56-1-10, et seq.
(B) Notwithstanding another provision of law, effective July 1, 2007, the governing authority of the Department of Transportation is the Secretary of Transportation as provided in Section 57-1-410." /
Amend the bill further, by adding the following appropriately numbered SECTION:
/ SECTION __. Section 11-43-140 of the 1976 Code, as added by Act 148 of 1997, is amended to read:
"Section 11-43-140. The board of directors is the governing board of the bank. The board consists of seven voting directors as follows: the Chairman of the Department of Transportation Commission Secretary of Transportation, ex officio; one director appointed by the Governor who shall serve as chairman; one director appointed by the Governor; one director appointed by the Speaker of the House of Representatives; one member of the House of Representatives appointed by the Speaker, ex officio; one director appointed by the President Pro Tempore of the Senate; and one member of the Senate appointed by the President Pro Tempore of the Senate, ex officio. Directors appointed by the Governor, the Speaker, and the President Pro Tempore shall serve terms coterminous with those of their appointing authority. The terms for the legislative members are coterminous with their terms of office. The vice chairman must be elected by the board. Any person appointed to fill a vacancy must be appointed in the same manner as the original appointee for the remainder of the unexpired term." /
Amend the bill further, as and if amended, Section 57-1-10, as contained in SECTION 8, by deleting Section 57-1-10 and inserting:
/ Section 57-1-10. For the purposes of this title, the following words, phrases, and terms are defined as follows:
(1) 'Commission' means the administrative and governing body of the Department of Transportation.
(2) 'Department' means the Department of Transportation (DOT).
(3)(2) 'Director' 'Secretary of Transportation' means the chief administrative officer of the Department of Transportation." /
Amend the bill further, as and if amended, by adding the following appropriately numbered SECTIONS:
/ SECTION __. Section 57-1-40 of the 1976 Code is amended to read:
"Section 57-1-40. (A) It is unlawful for a member of the commission or an engineer, agent, or other employee, acting for or in behalf of the department or commission, to accept or agree to accept, receive or agree to receive, or ask or solicit, either directly or indirectly, with the intent to have his decision or action on any question, matter, cause, or proceeding which at the time may be pending or which by law may be brought before him in his official capacity or in his place of trust or profit influenced, any:
(1) money;
(2) contract, promise, undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value;
(3) political appointment or influence, present, or reward;
(4) employment; or
(5) other thing of value.
A person violating the provisions of subsection (A) is guilty of a felony and, upon conviction, must be imprisoned not more than five years and is disqualified forever from holding any office of trust or profit under the Constitution or laws of this State.
(B) It is unlawful for a person to give or offer to give, promise, or cause or procure to be promised, offered, or given, either directly or indirectly, to a member of the commission or an engineer, agent, or other employee acting for or on behalf of the commission or department with the intent to have his decision or action on any question, matter, cause, or proceeding which at the time may be pending or which by law may be brought before him in his official capacity or in his place of trust or profit influenced, any:
(1) money;
(2) contract, promise, undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value;
(3) political appointment or influence, present, or reward;
(4) employment; or
(5) other thing of value.
A person violating the provisions of subsection (B) is guilty of a felony and, upon conviction, must be imprisoned not more than five years and is disqualified forever from holding any office of trust or profit under the Constitution or laws of this State."
SECTION __. Section 57-1-410 of the 1976 Code is amended to read:
Section 57-1-410. The commission Governor shall employ a director Secretary of Transportation who shall serve at the his pleasure of the commission. A person appointed to this position shall be a citizen of practical and successful business and executive ability who has a knowledge in the field of transportation. The director secretary shall receive such compensation as may be established under the provisions of Section 8-11-160 and for which funds have been authorized in the general appropriation act."
SECTION __. Section 57-1-430 of the 1976 Code ;is amended to read:
"Section 57-1-430. (A)The director Secretary of Transportation must carry out the policies of the commission department and administer the affairs of the department and may exercise all powers belonging to the commission within the guidelines and policies established by the commission, when the commission is not in session. He must represent the department in its dealings with other state agencies, local governments, special districts, and the federal government.
(B) For each division, the director secretary may employ such personnel and prescribe their duties, powers, and functions as he considers necessary and as may be authorized by statute and for which funds have been authorized in the annual general appropriation act."
SECTION __. Section 57-1-440 of the 1976 Code is amended to read:
"Section 57-1-440. The director Secretary of Transportation shall have the exclusive authority to employ a chief counsel and such staff attorneys and support staff as are necessary to represent the department in legal matters, condemnation procedures, and other such litigation. Any extra legal services that may be required shall be performed by attorneys selected by the director. The department is authorized to retain independent adjusters for purposes of investigating and adjusting claims and suits resulting from motor vehicle damage and personal injury damage programs involving department liability exposure and recovery potential. Expenses for the administration and implementation of this section shall be paid for from the state highway fund."
SECTION __. Section 57-1-450 of the 1976 Code is amended to read:
"Section 57-1-450. The director Secretary of Transportation shall appoint a deputy director for each division of the department who shall serve at the pleasure of the director and shall recommend the salary for each deputy director as allowed by statute or applicable law."
SECTION __. Section 57-3-10 of the 1976 Code is amended to read:
"Section 57-3-10. The Department of Transportation must be divided into such divisions as the commission department may prescribe but must consist of the following principal divisions: finance and administration; construction, engineering, and planning; and mass transit. The commission department may establish other divisions, or ancillary or service divisions as may be necessary for the efficient and economic operation of the division and to carry out the functions and purposes of the division."
SECTION __. Section 57-3-50 of the 1976 Code is amended to read:
"Section 57-3-50. The commission department may establish such highway districts as in its opinion shall be are necessary for the proper and efficient performance of its duties. The commission department, every ten years, must review the number of highway districts and the territory embraced within the districts and make such changes as that may be necessary for the proper and efficient operation of the districts." /
Amend the bill further, as and if amended, by deleting SECTIONS 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22.
Amend the bill further, as and if amended by deleting SECTION 23 and inserting:
/SECTION 23, Article 3, Chapter 1, Title 57 is repealed. /
Amend the bill further, as and if amended, by deleting SECTION 25 and inserting:
/SECTION 25. Wherever the term director appears in the 1976 Code and means the chief administrative officer of the Department of Transportation, it shall mean the Secretary of Transportation. Wherever the term Department of Transportation Commission and commissioner appear in the 1976 Code and mean the governing body of the Department of Transportation, they shall mean the Department of Transportation. The Code Commissioner is directed to change these references at a time and in a manner that is timely and cost effective. /
Renumber sections to conform.
Amend title to conform.
Rep. EDGE explained the amendment.
Rep. COOPER moved to table the amendment.
Rep. EDGE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Anthony Bannister Battle Bowen Bowers Branham Breeland R. Brown Cato Chalk Chellis Clyburn Cobb-Hunter Cooper Crawford Dantzler Frye Funderburk Govan Gullick Hamilton Harrell Hart Hinson Hiott Hosey Howard Huggins Jefferson Kelly Kirsh Leach Limehouse Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Miller Moss J. H. Neal J. M. Neal Owens Parks Perry Pinson E. H. Pitts Rutherford Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith G. R. Smith J. R. Smith Spires Taylor Thompson Umphlett Walker Whipper White Whitmire Williams Young
Those who voted in the negative are:
Anderson Bales Ballentine Barfield Bedingfield Bingham Brady Brantley Ceips Clemmons Cotty Davenport Delleney Duncan Edge Hagood Haley Hardwick Harrison Hayes Herbkersman Hodges Jennings Kennedy Knight Merrill Mulvaney Neilson Ott G. M. Smith Stavrinakis Toole Vick Viers Weeks Witherspoon
So, the amendment was tabled.
Reps. SCOTT, YOUNG and HART proposed the following Amendment No. 24 (Doc Name COUNCIL\BBM\9918HTC07), which was adopted:
Amend the bill, as and if amended, page 3575-11, in Section 57-1-350(E) by striking items (6) and (7) and inserting:
/ (6) the pavement quality index;
(7) environmental impact; and
(8) reasonable transportation alternatives. /
Renumber sections to conform.
Amend title to conform.
Rep. SCOTT explained the amendment.
The amendment was then adopted.
Rep. HINSON proposed the following Amendment No. 25 (Doc Name COUNCIL\SWB\5207CM07), which was rejected:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION __. Article 1, Chapter 1, Title 57 of the 1976 Code is amended by adding:
Section 57-1-435. Department of Transportation employees who live more than ten miles from their regular work places must not use a department vehicle to commute from their homes to their regular work places. Additionally, they must not be reimbursed for mileage or the purchase of gasoline related to commuting from their homes to their regular workplaces. /
Renumber sections to conform.
Amend title to conform.
Rep. HINSON explained the amendment.
Rep. HOWARD spoke upon the amendment.
The SPEAKER granted Rep. BINGHAM a leave of absence for the remainder of the day due to personal reasons.
Rep. HOWARD continued speaking.
The amendment was then rejected by a division vote of 40 to 48.
Rep. HINSON proposed the following Amendment No. 26 (Doc Name COUNCIL\SWB\5221CM07), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION __. Article 5, Chapter 1, Title 57 of the 1976 Code is amended by adding:
"Section 57-1-480. Annually, the department shall review all real property titled to it and shall make a determination as to whether the property is in excess of the department's needs. Upon approval of the Engineering Administrator and the District Commissioner, properties determined to be in excess of the department's needs must be disposed of at fair market value." /
Renumber sections to conform.
Amend title to conform.
Rep. HINSON explained the amendment.
The amendment was then adopted.
Rep. TOOLE proposed the following Amendment No. 29 (Doc Name COUNCIL\SWB\5218CM07), which was tabled:
Amend the bill, as and if amended, by striking SECTION 21 in its entirety and inserting:
/ SECTION 21. Chapter 11, Title 57 of the 1976 Code is amended by adding:
Section 57-11-410. (A) The amount set aside pursuant to Section 11-11-150(H) must be credited to the State Non-Federal Aid Highway Fund of the South Carolina Department of Transportation for maintenance and construction with seventy-five percent of the funds designated for maintenance and twenty-five percent designated for construction according to the following schedule:
Fiscal Year 2007-2008 $40,000,000
Fiscal Year 2008-2009 $80,000,000
Fiscal Year 2009-2010 $120,000,000
Fiscal Year 2010-2011 $160,000,000
Fiscal Year 2011-2012 and thereafter $200,000,000.
(B) State Non-Federal Aid Highway Fund revenues derived pursuant to subsection (A) of this section must be allocated among and expended on projects in the counties of the state using the 'C' funds formula provided pursuant to Section 12-78-2740(A)." /
Renumber sections to conform.
Amend title to conform.
Rep. TOOLE explained the amendment.
Rep. YOUNG moved to table the amendment, which was agreed to.
Rep. LUCAS proposed the following Amendment No. 32 (Doc Name COUNCIL\SWB\5233CM07), which was adopted:
Amend the bill, as and if amended, Section 57-1-10, as contained in SECTION 8, by deleting SECTION 8 and inserting:
/ SECTION 8. Section 57-1-10 of the 1976 Code is amended to read:
"Section 57-1-10. For the purposes of this title, the following words, phrases, and terms are defined as follows:
(1) 'Commission' means the administrative and governing body of the Department of Transportation.
(2) 'Department' means the Department of Transportation (DOT).
(3) "Director" 'Secretary of Transportation' means the chief administrative officer of the Department of Transportation.
(4) 'Highway Engineering District' means the seven geographical regions created by the Department of Transportation and approved by the commission from which the members of the commission must reside and be elected.
(5) 'Statewide Transportation Improvement Program' means a fiscally constrained statewide plan for the development and implementation of highway projects and transit programs developed in compliance with Section 23 of the Code of Federal Regulations, including consideration of: local and regional priorities based on consultation with local and regional governments; congestion management; local planned growth and development plans; Safe Routes to Schools; national security and Homeland Defense; statewide highway safety; and the provisions set forth in Section 57-1-350(E)." /
Amend the bill further, as and if amended Section 57-1-350(E), as contained in SECTION 14, by deleting Section 57-1-350(E) and inserting:
/ (E) The department shall establish a priority list within the Statewide Transportation Improvement Program. Once the priority list has been established by the department, it shall not be changed without two thirds approval by the commission at the request of the Secretary of Transportation. When compiling this list of projects, the department shall use, but is not limited to using, the following criteria:
(1) financial viability;
(2) public safety;
(3) potential for economic development;
(4) traffic volume;
(5) truck traffic;
(6) the pavement quality index; and
(7) environmental impact.
Notwithstanding the provisions contained in this subsection, projects included in the transportation improvement plan and projects submitted by the State Infrastructure Bank are excluded from modification by the Secretary of Transportation or the Department of Transportation Commissioners. /
Amend the bill further, as and if amended Section 57-1-350(D), as contained in SECTION 14, by deleting Section 57-1-350(D) and inserting:
/ (D) The commission shall approve:
(1) the sale of surplus property by the department;
(2) the advertisement for consultant contracts and authorize the selection of consultants by department personnel;
(3) the adding to and deletion of roads from the State Highway System;
(4) the execution of contracts by the department;
(5) the department's annual budget;
(6) the statewide transportation Improvement program;
(7) the dedication and naming of highway facilities by the department;
(8) any contract entered into by the department with a value in excess of five hundred thousand dollars;
(9) additional contracts entered into by the department during a fiscal year with an entity that has already received individual contracts during that fiscal year that together are worth at least five hundred thousand dollars;
(10) all contracts relating to road construction and maintenance; and
(11) accept the Transportation Improvement Program. /
Renumber sections to conform.
Amend title to conform.
Rep. LUCAS explained the amendment.
The amendment was then adopted.
Rep. MULVANEY proposed the following Amendment No. 33 (Doc Name COUNCIL\GJK\20231SD07), which was ruled out of order:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. Notwithstanding any other provision of law, all wetland acreages acquired with funds from the South Carolina Conservation Bank Trust Fund must be accepted by all South Carolina agency parties to the South Carolina interagency standard operating procedures for use as in-kind compensatory mitigation for public highway projects included in the State Transportation Improvement Program (STIP) in the same watershed. A maximum ratio of ten acres of preservation for each impacted wetland acre must be used. The provisions of this section do not apply where federal funds are being provided for the acquisition of protected lands together with conservation bank trust funds and the use of in-kind compensatory mitigation in the manner provided for herein will result in the loss of some or all of these federal funds based on a written determination of the appropriate federal agency./
Renumber sections to conform.
Amend title to conform.
Rep. MULVANEY explained the amendment.
Rep. HARDWICK raised the Point of Order that Amendment No. 33 was out of order in that it was not germane to the Bill.
Rep. MULVANEY argued contra.
SPEAKER HARRELL stated the Bill dealt with reformation of the South Carolina Department of Transportation, but Amendment No. 33 referenced how wetlands purchased through the Conservation Bank could be used to mitigate wetlands damaged by public highway construction. He further stated the Amendment did not substantially affect the restructuring, reform, or internal operations of the Department of Transportation. He therefore sustained the Point of Order and ruled the Amendment out of order.
Reps. HAYES and OTT proposed the following Amendment No. 35 (Doc Name COUNCIL\BBM\9929SSP07), which was tabled:
Amend the bill, as and if amended, Section 57-1-310, as contained in SECTION 12, by deleting Section 57-1-310 and inserting:
/ "Section 57-1-310. The congressional districts of this State are constituted and created Department of Transportation districts of the State, designated by numbers corresponding to the numbers of the respective congressional districts. The Commission of the Department of Transportation shall be composed of one member from each transportation district elected by the delegations of the congressional district and one member appointed by the Governor, upon the advice and consent of the Senate, from the State at large. Such elections or appointment, as the case may be, shall take into account race and gender so as to represent, to the greatest extent possible, all segments of the population of the State; however, consideration of these factors in making an appointment or in an election in no way creates a cause of action or basis for an employee grievance for a person appointed or elected or for a person who fails to be appointed or elected. (A) The Department of Transportation Commission consists of seven commissioners who reside in South Carolina and who shall have the qualifications stated in this section, as determined by the Transportation Review Committee pursuant to Article 7 of this chapter, before being appointed in the manner prescribed by this chapter. One member from each of the seven highway engineering districts must be elected by the legislative delegation of each highway engineering district.
Each appointment shall take into account race and gender so as to represent, to the greatest extent possible, all segments of the population of the State. However, consideration of these factors in electing a commissioner does not create a cause of action or basis for an employee grievance for a person elected to or fails to be elected to the commission. Each successive commissioner must be appointed from a different county within a highway engineering district based upon the alphabetic order of the counties within the district. Each commissioner shall serve for a term of four years, except as provided in this section. At the expiration of the term of each commissioner and of each succeeding commissioner, a successor shall be appointed in the same manner as his predecessor for a term of four years or until his successor has been appointed and qualified. In the event of a commissioner vacancy due to death, resignation, or otherwise, his successor must be elected in the same manner as his predecessor and the successor-commissioner shall hold office for the unexpired term. Members of the commission may be removed for cause, as established in Section 1-3-240(C), by the Governor of the State. A member of the General Assembly of the State of South Carolina is not eligible for election as commissioner until he has been out of office for at least one year.
(B) Candidates for appointment to the commission must be screened by the Transportation Review Committee and, prior to election by the legislative delegation of each highway engineering district, must be found qualified by meeting the minimum requirements contained in Section 57-1-40(C). The review committee must submit a written report to the Clerks of the Senate and House of Representatives setting forth its findings as to the qualifications of each candidate. A candidate may not serve as a commissioner, even in an interim capacity, until he is screened and found qualified by the Transportation Review Committee." /
Amend the bill further, as and if amended, by adding the following appropriately numbered SECTIONS:
/ SECTION__. Section 57-3-50 of the 1976 Code is amended to read:
"Section 57-3-50. The commission may establish such highway districts as in its opinion shall be necessary for the proper and efficient performance of its duties. The commission, every ten years, must review the number of highway districts and the territory embraced within the districts and make such changes as may be necessary for the proper and efficient operation of the districts. The Department of Transportation Highway Engineering Districts as defined in Section 57-1-10(4) are comprised of the following counties:
District 1. Aiken, Kershaw, Lee, Lexington, Richland, and Sumter;
District 2. Abbeville, Edgefield, Greenwood, Laurens, McCormick, Newberry, and Saluda;
District 3. Anderson, Greenville, Oconee, Pickens, and Spartanburg;
District 4. Cherokee, Chester, Chesterfield, Fairfield, Lancaster, Union, and York;
District 5. Darlington, Dillon, Florence, Georgetown, Horry, Marion, Marlboro, and Williamsburg;
District 6. Beaufort, Berkeley, Charleston, Colleton, Dorchester, and Jasper;
District 7. Allendale, Bamberg, Barnwell, Calhoun, Clarendon, Hampton, and Orangeburg."
SECTION __. Section 57-1-320 of the 1976 Code is amended to read:
"Section 57-1-320. (A) A county that is divided among two or more Department of Transportation highway engineering districts, for purposes of electing a commission member, is deemed to be considered in the district which contains the largest number of residents from that county.
(B) No county within a Department of Transportation district shall have a resident commission member for more than one consecutive term and in no event shall any two persons from the same county serve as a commission member simultaneously except as provided hereinafter."
SECTION __. Section 57-1-325 of the 1976 Code is amended to read:
"Section 57-1-325. Legislators residing in the congressional a highway engineering district shall meet upon written call of a majority of the members of the delegation of each district at a time and place to be designated in the call for the purpose of electing a commissioner to represent the district. A majority present, either in person or by written proxy, of the delegation from a given congressional highway engineering district constitute a quorum for the purpose of electing a district commissioner. No person may be elected commissioner who fails to receive a majority vote of the members of the delegation.
The delegation must be organized by the election of a chairman and a secretary, and the delegations of each congressional highway engineering district shall adopt such rules as they consider proper to govern the election. Any An absentee may vote by written proxy. When the election is completed, the chairman and the secretary of the delegation shall immediately transmit the name of the person elected to the Secretary of State who shall issue to the person, after he has taken the usual oath of office, a certificate of election as commissioner. The Governor shall thereupon then issue a commission to the person, and pending the issuance of the commission the certificate of election is sufficient warrant to the person to perform all of the duties and functions of his office as commissioner. Each commissioner shall serve until his successor is elected and qualified as provided in this article." /
Amend the bill further, as and if amended, by deleting SECTION 23 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. OTT explained the amendment.
The SPEAKER granted Rep. LOFTIS a leave of absence for the remainder of the day.
Rep. OTT continued speaking.
Rep. OTT spoke in favor of the amendment.
The SPEAKER granted Rep. HART a leave of absence for the remainder of the day.
Rep. OTT continued speaking.
Rep. ANTHONY spoke against the amendment.
Rep. WHITE moved to table the amendment.
Rep. OTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anthony Ballentine Bannister Barfield Bedingfield Bowen Brady Cato Ceips Chalk Chellis Clemmons Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Edge Frye Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hinson Hiott Huggins Kelly Kirsh Leach Limehouse Littlejohn Lowe Lucas Mahaffey Merrill Moss Mulvaney J. M. Neal Neilson Owens Perry Pinson E. H. Pitts Scarborough Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Taylor Thompson Toole Umphlett Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Alexander Anderson Bales Battle Bowers Branham Brantley Breeland G. Brown Clyburn Cobb-Hunter Funderburk Govan Harvin Hayes Hodges Howard Jefferson Jennings Kennedy Knight Mack McLeod Miller J. H. Neal Ott Parks Scott Sellers Vick Viers Weeks Whipper Williams
So, the amendment was tabled.
Rep. THOMPSON proposed the following Amendment No. 36 (Doc Name COUNCIL\GJK\20263MM07), which was adopted:
Amend the bill, as and if amended, SECTION 17, as found on page 3575-12, by adding at the end of SECTION 17 a new section to read:
/SECTION _17. B. Article 5, Chapter 1, Title 57 of the 1976 Code is amended by adding:
"Section 57-1-495. At the end of each month, the Department of Transportation must submit an itemized and complete report of all revenues spent and for what purpose to the State Treasurer, the Governor, the Speaker of the House, and the President Pro Tempore of the Senate. Funds for the next month's expenditures must not be released to the department until the report is received by all the required recipients. /
Amend the bill further, as and if amended, on page 3575-12, by inserting after SECTION 17 the following /A./
Renumber sections to conform.
Amend title to conform.
Rep. THOMPSON explained the amendment.
The amendment was then adopted.
Rep. MULVANEY proposed the following Amendment No. 37 (Doc Name COUNCIL\GGS\22825CM07), which was tabled:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. Notwithstanding any other provision of law with regard to all projects that are rank ordered under the State Transportation Improvement Program, which must be approved by the Department of Transportation Commissioners, the Department of Transportation shall be entitled to offset against any wetlands mitigation obligations any wetland acreages acquired with funds from the South Carolina Conservation Bank Trust Fund or any other state agency for use as in-kind compensatory mitigation for public highway projects included in the State Transportation Improvement Program (STIP) in the same watershed. A maximum ratio of ten acres of preservation for each impacted wetland acre must be used. The provisions of this section do not apply where federal funds are being provided for the acquisition of protected lands together with conservation bank trust funds and the use of in-kind compensatory mitigation in the manner provided for herein will result in the loss of some or all of these federal funds based on a written determination of the appropriate federal agency. /
Renumber sections to conform.
Amend title to conform.
Rep. MULVANEY explained the amendment.
Rep. SKELTON moved to table the amendment.
Rep. MULVANEY demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 67 to 24.
On Amendment No. 37, I voted in the negative. My intention was to vote to table the amendment. My vote should have been in the affirmative.
Rep. Chip Limehouse
Rep. MULVANEY proposed the following Amendment No. 38 (Doc Name COUNCIL\GGS\22826CM07), which was tabled:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/ SECTION ____. (A) Notwithstanding any other provision of law with regard to projects that are rank ordered under the State Transportation Improvement Program, which must be approved by the Department of Transportation Commissioners, the Department of Transportation shall be entitled to offset against any wetlands mitigation obligations any wetland acreages acquired with funds from the South Carolina Conservation Bank Trust Fund must be accepted by all South Carolina agency parties to the South Carolina interagency standard operating procedures for use as in-kind compensatory mitigation for public highway projects included in the State Transportation Improvement Program (STIP) in the same watershed. A maximum ratio of ten acres of preservation for each impacted wetland acre must be used. The provisions of this section do not apply where federal funds are being provided for the acquisition of protected lands together with conservation bank trust funds and the use of in-kind compensatory mitigation in the manner provided in this subsection will result in the loss of some or all of these federal funds based on a written determination of the appropriate federal agency.
(B) At the end of each fiscal year, the Department of Transportation must determine the cost savings realized as a result of the requirements of subsection (A). Fifty percent of these cost savings must be remitted directly from the Department of Transportation to the South Carolina Conservation Bank Trust Fund.
(C) The provisions of this section expire five years after the effective date of this section. /
Renumber sections to conform.
Amend title to conform.
Rep. MULVANEY explained the amendment.
Rep. TOOLE moved to table the amendment.
The amendment was then tabled by a division vote of 60 to 25.
Rep. WHIPPER proposed the following Amendment No. 39 (Doc Name COUNCIL\GJK\20264MM07), which was tabled:
Amend the bill, as and if amended, Section 57-1-310, as contained in SECTION 12, by deleting Section 57-1-310 and inserting:
/ "Section 57-1-310. The congressional districts of this State are constituted and created Department of Transportation districts of the State, designated by numbers corresponding to the numbers of the respective congressional districts. The Commission of the Department of Transportation shall be composed of one member from each transportation district elected by the delegations of the congressional district and one member appointed by the Governor, upon the advice and consent of the Senate, from the State at large. Such elections or appointment, as the case may be, shall take into account race and gender so as to represent, to the greatest extent possible, all segments of the population of the State; however, consideration of these factors in making an appointment or in an election in no way creates a cause of action or basis for an employee grievance for a person appointed or elected or for a person who fails to be appointed or elected. (A) The Department of Transportation Commission consists of seven commissioners who reside in South Carolina and who shall have the qualifications stated in this section, as determined by the Transportation Review Committee pursuant to Article 7 of this chapter, before being appointed in the manner prescribed by this chapter. One member from each of the seven highway engineering districts must be elected by the legislative delegation members residing in each highway engineering district, with the votes weighted as to the proportionate representation of each delegation member in each county.
Each appointment shall take into account race and gender so as to represent, to the greatest extent possible, all segments of the population of the State. However, consideration of these factors in electing a commissioner does not create a cause of action or basis for an employee grievance for a person elected to or fails to be elected to the commission. Each successive commissioner must be appointed from a different county within a highway engineering district based upon the alphabetic order of the counties within the district. Each commissioner shall serve for a term of four years, except as provided in this section. At the expiration of the term of each commissioner and of each succeeding commissioner, a successor shall be appointed in the same manner as his predecessor for a term of four years or until his successor has been appointed and qualified. In the event of a commissioner vacancy due to death, resignation, or otherwise, his successor must be elected in the same manner as his predecessor and the successor-commissioner shall hold office for the unexpired term. Members of the commission may be removed for cause, as established in Section 1-3-240(C), by the Governor of the State. A member of the General Assembly of the State of South Carolina is not eligible for election as commissioner until he has been out of office for at least one year.
(B) Candidates for appointment to the commission must be screened by the Transportation Review Committee and, prior to election by the legislative delegation of each highway engineering district, must be found qualified by meeting the minimum requirements contained in Section 57-1-40(C). The review committee must submit a written report to the Clerks of the Senate and House of Representatives setting forth its findings as to the qualifications of each candidate. A candidate may not serve as a commissioner, even in an interim capacity, until he is screened and found qualified by the Transportation Review Committee." /
Renumber sections to conform.
Amend title to conform.
Rep. WHIPPER explained the amendment.
Rep. YOUNG moved to table the amendment.
Rep. OTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anthony Ballentine Bannister Barfield Battle Bedingfield Bowen Brady Cato Ceips Chalk Chellis Clemmons Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Edge Frye Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Haskins Herbkersman Hinson Hiott Huggins Kelly Kirsh Knight Leach Limehouse Littlejohn Lowe Lucas Mahaffey Merrill Miller Moss Mulvaney J. M. Neal Owens Perry E. H. Pitts Scarborough Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Spires Taylor Thompson Toole Umphlett Viers Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Alexander Anderson Bales Bowers Branham Brantley Breeland G. Brown Clyburn Cobb-Hunter Funderburk Govan Harvin Hayes Hodges Howard Jefferson Jennings Kennedy Mack McLeod Mitchell J. H. Neal Neilson Ott Parks Scott Sellers Vick Weeks Whipper Williams
So, the amendment was tabled.
Rep. WHITE proposed the following Amendment No. 11 (Doc Name COUNCIL\GJK\20262CM07), which was adopted:
Amend the bill, as and if amended, Section 57-1-10, as contained in SECTION 8, by deleting SECTION 8 and inserting:
/ SECTION 8. Section 57-1-10 of the 1976 Code is amended to read:
"Section 57-1-10. For the purposes of this title, the following words, phrases, and terms are defined as follows:
(1) 'Commission' means the administrative and governing body of the Department of Transportation.
(2) 'Department' means the Department of Transportation (DOT).
(3) "Director" 'Secretary of Transportation' means the chief administrative officer of the Department of Transportation.
(4) 'Highway Engineering District' means the seven geographical regions created by the Department of Transportation and approved by the commission from which the members of the commission must reside and be elected.
(5) 'Statewide Transportation Improvement Program' means a fiscally constrained statewide plan for the development and implementation of highway projects and transit programs developed in compliance with Section 23 of the Code of Federal Regulations, including consideration of: local and regional priorities based on consultation with local and regional governments; congestion management; local planned growth and development plans; Safe Routes to Schools; national security and Homeland Defense; statewide highway safety; and the provisions set forth in Section 57-1-350(E)." /
Amend the bill further, as and if amended Section 57-1-350(E), as contained in SECTION 14, by deleting Section 57-1-350(E) and inserting:
/ (E) The department shall establish a priority list within the Statewide Transportation Improvement Program. Once the priority list has been established by the department, it shall not be changed without two thirds approval by the commission. When compiling this list of projects or changing this list, the department shall use, but is not limited to using, the following criteria:
(1) financial viability;
(2) public safety;
(3) potential for economic development;
(4) traffic volume;
(5) truck traffic;
(6) the pavement quality index; and
(7) environmental impact.
Notwithstanding the provisions contained in this subsection, projects included in the transportation improvement plan and projects submitted by the State Infrastructure Bank are excluded from modification by the Secretary of Transportation or the Department of Transportation Commissioners. /
Amend the bill further, as and if amended Section 57-1-350(D), as contained in SECTION 14, by deleting Section 57-1-350(D) and inserting:
/ (D) The commission shall approve:
(1) the sale of surplus property by the department;
(2) the advertisement for consultant contracts and authorize the selection of consultants by department personnel;
(3) the adding to and deletion of roads from the State Highway System;
(4) the execution of contracts by the department;
(5) the department's annual budget;
(6) the statewide transportation Improvement program;
(7) the dedication and naming of highway facilities by the department;
(8) any contract entered into by the department with a value in excess of five hundred thousand dollars;
(9) additional contracts entered into by the department during a fiscal year with an entity that has already received individual contracts during that fiscal year that together are worth at least five hundred thousand dollars;
(10) all contracts relating to road construction and maintenance ; and
(11) and accept the Transportation Improvement Program. /
Renumber sections to conform.
Amend title to conform.
Rep. WHITE explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bowen Bowers Brady Branham Brantley Breeland R. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Cobb-Hunter Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Edge Frye Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Harvin Haskins Hayes Herbkersman Hinson Hiott Hodges Howard Huggins Jefferson Jennings Kelly Kennedy Kirsh Knight Leach Limehouse Littlejohn Lowe Lucas Mack Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Taylor Thompson Toole Umphlett Viers Walker Whipper White Whitmire Williams Witherspoon Young
Those who voted in the negative are:
G. Brown Vick Weeks
So, the Bill, as amended, was read the second time and ordered to third reading.
I was called away from the Chamber for an emergency and would like to record my vote in favor of H. 3575.
Rep. Chris Hart
Rep. COOPER moved that the House recur to the Morning Hour, which was agreed to.
The SPEAKER ordered the following Veto printed in the Journal:
March 27, 2007
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3357 (Word version), R. 14. This veto is based upon my belief that H. 3357, R. 14 is unconstitutional.
This Bill allows each member of the Marlboro County Transportation Committee to be paid from Marlboro County "C" Fund revenues seventy-five dollars for each meeting the member is in attendance. The State Constitution clearly prohibits the enactment of special legislation where a "general law can be made applicable." S.C. Const. Art. III, Section 34 (IX). The General Assembly has established a general statute that prohibits county transportation committees from using "C" funds to pay per diems as administrative expenses. See S.C. Code Section 12-28-2740(B), as amended, It is unconstitutional for the General Assembly to pass special legislation, like H. 3357, R. 14, in contravention of general law. Each county's transportation committee should be subject to the same general law either allowing or disallowing per diems. Legislation like H. 3357, R. 14, demonstrates the policy basis for Article III, Section 34's directive that special legislation be avoided in all cases where general legislation can be enacted.
Additionally, H. 3357, R. 14, affects only Marlboro County and is, therefore, clearly an act for a specific county. Such Acts are in violation of Article VIII, Section 7 of the Constitution of the State of South Carolina, which provides that "[n]o laws for a specific county shall be enacted."
In summary, I believe the specific nature of H. 3357, R. 14, renders this Act unconstitutional. For this reason, I am returning H. 3357, R. 14, to you without my signature.
Sincerely,
Mark Sanford
Governor
The following was introduced:
H. 3784 (Word version) -- Reps. Knight, Chellis, Harrell and Young: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE PINEWOOD PREPARATORY SCHOOL "LADY PANTHERS" SWIM TEAM ON ITS IMPRESSIVE WIN OF THE 2006 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AAA STATE GIRLS SWIMMING CHAMPIONSHIP TITLE, AND TO HONOR THE SWIMMERS, HEAD COACH JESSICA DAWBER, AND ASSISTANT COACH CAROLYN KELLER ON AN EXCEPTIONAL SEASON.
The Resolution was adopted.
On motion of Rep. KNIGHT, with unanimous consent, the following was taken up for immediate consideration:
H. 3785 (Word version) -- Reps. Knight, Chellis, Harrell and Young: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE PINEWOOD PREPARATORY SCHOOL "LADY PANTHERS" SWIM TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM ON THEIR OUTSTANDING SEASON AND FOR CAPTURING THE 2006 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AAA STATE GIRLS SWIMMING CHAMPIONSHIP TITLE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the Pinewood Preparatory School "Lady Panthers" swim team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and commending them on their outstanding season and for capturing the 2006 South Carolina Independent School Association Class AAA State Girls Swimming Championship title.
The Resolution was adopted.
The following was introduced:
H. 3786 (Word version) -- Reps. Neilson, Lucas and Williams: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR PASTOR WILLIAM "CALVIN" DANIELS FOR HIS MANY YEARS OF OUTSTANDING SERVICE AS A CIVIC LEADER AND MINISTER OF GOD.
The Resolution was adopted.
The following was introduced:
H. 3787 (Word version) -- Reps. Neilson, Lucas and Williams: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR BRENDA BYRD OF DARLINGTON COUNTY FOR BEING NAMED WINNER OF THE WOMEN'S BASKETBALL COACHES ASSOCIATION 2007 JOSTENS-BERENSON LIFETIME ACHIEVEMENT AWARD.
The Resolution was adopted.
The following was introduced:
H. 3788 (Word version) -- Rep. Cotty: A HOUSE RESOLUTION TO RECOGNIZE LUGOFF-ELGIN MIDDLE SCHOOL FOR BEING NAMED SOUTH CAROLINA'S FIRST "SCHOOL TO WATCH" BY THE NATIONAL FORUM TO ACCELERATE MIDDLE-GRADES REFORM.
The Resolution was adopted.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3789 (Word version) -- Reps. Kirsh and Cooper: A BILL TO RETITLE ARTICLE 5, CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYEES AND RETIREMENT INSURANCE AS "EMPLOYEES AND RETIREES INSURANCE-ACCOUNTING FOR POST-EMPLOYMENT BENEFITS", TO MAKE FINDINGS WITH RESPECT TO THE STATE'S COMPLIANCE WITH NEW REQUIREMENTS OF THE GOVERNMENTAL ACCOUNTING STANDARDS BOARD FOR POST-EMPLOYMENT BENEFITS; BY ADDING SECTIONS 1-11-703, 1-11-705, AND 1-11-707 SO AS TO ESTABLISH THE SOUTH CAROLINA RETIREE HEALTH INSURANCE TRUST FUND (SCRHI TRUST FUND) AND THE SOUTH CAROLINA LONG TERM DISABILITY INSURANCE TRUST FUND AS THE METHOD OF PAYING AND ACCOUNTING FOR RETIREE HEALTH INSURANCE PREMIUMS AND BASIC LONG TERM DISABILITY INCOME BENEFIT PLAN PREMIUMS IN COMPLIANCE WITH NEW ACCOUNTING STANDARDS, TO PROVIDE FOR THE ACTUARIAL FUNDING AND INVESTMENT OF THE ASSETS OF THESE TRUST FUNDS, AND TO PROVIDE DEFINITIONS; TO AMEND SECTION 1-11-710, RELATING TO THE STATE HEALTH AND DENTAL PLANS, SO AS TO PROVIDE FUNDING FOR THE SCRHI TRUST FUND BY MEANS OF INCREASED EMPLOYER CONTRIBUTION RATES; AND TO AMEND SECTION 1-11-730, RELATING TO PERSONS ELIGIBLE FOR POST-EMPLOYMENT PARTICIPATION IN THE STATE HEALTH AND DENTAL PLANS AND ELIGIBILITY FOR EMPLOYER PAID PREMIUMS FOR RETIREES, SO AS TO CONFORM THE PAYMENT OF EMPLOYER PREMIUMS FOR RETIREES TO THE REVISED METHOD PROVIDED IN THIS ACT, PROSPECTIVELY TO REVISE THE ELIGIBILITY REQUIREMENTS FOR EMPLOYER PAID PREMIUMS FOR RETIREES, AND TO DELETE AN OBSOLETE PROVISION.
Referred to Committee on Ways and Means
H. 3790 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-560 SO AS TO PROHIBIT A REGISTERED SEX OFFENDER FROM LIVING WITHIN A ONE-MILE RADIUS OF A SCHOOL AND TO PROVIDE A PENALTY.
Referred to Committee on Judiciary
H. 3791 (Word version) -- Rep. Knight: A BILL TO AMEND SECTION 12-6-1130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MODIFICATIONS OF TAXABLE INCOME FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX, SO AS TO ALLOW THE DEDUCTION OF ASSESSMENTS OTHER THAN PROPERTY TAXES IMPOSED ON REAL PROPERTY IN CONNECTION WITH PROVIDING SERVICES OR POTENTIAL SERVICES FOR THE BENEFIT OF THE PROPERTY OWNER, AND TO ALLOW THE DEDUCTION OF THE CHARGE FOR A PERMIT, LICENSE, OR FEE REQUIRED TO BE PAID TO A UNIT OF GOVERNMENT IN CONNECTION WITH IMPROVEMENTS TO REAL PROPERTY.
Referred to Committee on Ways and Means
H. 3792 (Word version) -- Reps. Duncan, Barfield, Crawford and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-29-110 SO AS TO AUTHORIZE PUBLICATION OF PUBLIC OR LEGAL NOTICES OR ADVERTISEMENTS THROUGH PUBLIC NOTICE WEB SITES WHEN PUBLIC OR LEGAL NOTICE OR ADVERTISEMENT IS REQUIRED BY LAW AND TO ESTABLISH CERTAIN REQUIREMENTS AND PROCEDURES THAT MUST BE FOLLOWED BY PUBLIC NOTICE WEB SITE PROVIDERS.
Referred to Committee on Judiciary
H. 3793 (Word version) -- Reps. Davenport, Brantley, Rutherford, Cotty, Mitchell, Alexander, Anthony, Ballentine, Battle, Bedingfield, Bingham, Bowen, Branham, G. Brown, Cato, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Dantzler, Delleney, Duncan, Edge, Gambrell, Hagood, Hamilton, Hardwick, Herbkersman, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Knight, Leach, Limehouse, Littlejohn, Mahaffey, Merrill, Moss, Neilson, Ott, Owens, Perry, Pinson, Sandifer, Scarborough, Scott, Simrill, D. C. Smith, G. R. Smith, J. R. Smith, W. D. Smith, Spires, Talley, Taylor, Toole, Umphlett, Viers, Walker, Weeks, Whitmire and Witherspoon: A BILL TO AMEND SECTION 59-149-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT A "PUBLIC OR INDEPENDENT INSTITUTION" A STUDENT MAY ATTEND TO RECEIVE A LIFE SCHOLARSHIP INCLUDES AN INSTITUTION THAT OFFERS A DOCTORATE OF CHIROPRACTIC DEGREE PROGRAM, WAS FOUNDED IN 1973, IS ACCREDITED BY THE COMMISSION ON COLLEGES OF THE SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLS AND THE COMMISSION OF ACCREDITATION OF THE COUNCIL ON CHIROPRACTIC EDUCATION, AND IS LOCATED IN SOUTH CAROLINA.
Referred to Committee on Ways and Means
H. 3794 (Word version) -- Reps. Littlejohn, Davenport, Walker, Mitchell, Anthony, Mahaffey and W. D. Smith: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ALLOWED TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO UPDATE REFERENCES RELATING TO THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS AND TO ALLOW EMPLOYEES OF BERKELEY CITIZENS, BABCOCK CENTER, CHARLES LEA CENTER, AND TRI DEVELOPMENT CENTER OF AIKEN COUNTY TO PARTICIPATE IN THESE PLANS; AND TO AMEND SECTION 9-1-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO UPDATE REFERENCES RELATING TO THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES IN THE DEFINITIONS OF "EMPLOYEE" AND "EMPLOYER" AND TO INCLUDE WITHIN THOSE DEFINITIONS BERKELEY CITIZENS, BABCOCK CENTER, CHARLES LEA CENTER, AND TRI DEVELOPMENT CENTER OF AIKEN COUNTY.
Referred to Committee on Ways and Means
H. 3795 (Word version) -- Reps. Govan, Hosey, Sellers, Howard and J. H. Neal: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY TO ESTABLISH THE SOUTH CAROLINA AFRICAN-AMERICAN HERITAGE COMMISSION TO ASSIST AND ENHANCE THE DEPARTMENT'S EFFORTS TO PRESERVE AND PROMOTE HISTORIC PROPERTIES REFLECTING THE STATE'S AFRICAN-AMERICAN HERITAGE; AND TO AUTHORIZE THE DEPARTMENT TO PROVIDE STAFF ASSISTANCE AND FUNDING FOR THE COMMISSION.
On motion of Rep. GOVAN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 3796 (Word version) -- Reps. Ceips, G. M. Smith, Weeks, Anderson, G. Brown, Edge, Harrison and McLeod: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW THE DEDUCTION OF RETIREMENT BENEFITS ATTRIBUTABLE TO SERVICE ON ACTIVE DUTY IN THE ARMED FORCES OF THE UNITED STATES; AND TO AMEND SECTION 12-6-1170, AS AMENDED, RELATING TO THE RETIREMENT INCOME DEDUCTION, SO AS TO CONFORM THIS DEDUCTION TO THE MILITARY RETIREMENT DEDUCTION ALLOWED BY THIS ACT.
Referred to Committee on Ways and Means
H. 3797 (Word version) -- Rep. Chalk: A BILL TO AMEND SECTION 44-7-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE LICENSURE OF HEALTH FACILITIES, SO AS TO ADD A DEFINITION FOR AN "IN-HOME CARE SERVICE PROVIDER"; AND TO AMEND SECTION 44-7-260, RELATING TO REQUIREMENTS FOR LICENSURE OF A HEALTH FACILITY, SO AS TO MAKE THE LICENSURE REQUIREMENTS APPLICABLE TO AN "IN-HOME CARE SERVICE PROVIDER".
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3798 (Word version) -- Rep. G. R. Smith: A BILL TO AMEND SECTION 20-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON WHO MAY PERFORM MARRIAGE CEREMONIES, SO AS TO ALSO INCLUDE THE CHIEF OF A NATIVE AMERICAN INDIAN ENTITY RECOGNIZED BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS.
Referred to Committee on Judiciary
H. 3799 (Word version) -- Reps. Thompson, Chellis, G. M. Smith, Leach, Cato and Shoopman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-15-85 TO CHAPTER 15, TITLE 42 SO AS TO REQUIRE THE BURDEN OF PROOF IN A WORKERS' COMPENSATION CLAIM TO BE ON THE EMPLOYEE, TO PROVIDE HOW CAUSATION IN MEDICALLY COMPLEX CASES MUST BE PROVEN, AND TO DEFINE EXPERT WITNESS; TO AMEND SECTION 38-55-530, AS AMENDED, RELATING TO DEFINITIONS AS USED IN THE OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT, SO AS TO FURTHER DEFINE "FALSE STATEMENT AND MISREPRESENTATION"; TO AMEND SECTION 38-55-540, RELATING TO CRIMINAL PENALTIES FOR MAKING FALSE STATEMENTS OR MISREPRESENTATIONS, SO AS TO PROVIDE ADDITIONAL FELONY OFFENSES; TO AMEND SECTION 38-55-560, RELATING TO THE INSURANCE FRAUD DIVISION IN THE OFFICE OF THE ATTORNEY GENERAL, SO AS TO AUTHORIZE THE ATTORNEY GENERAL TO HIRE A FORENSIC ACCOUNTANT; TO AMEND SECTION 42-1-10, RELATING TO THE CITATION AND REFERENCES TO TERMS USED IN THE WORKERS' COMPENSATION LAW, SO AS TO PROVIDE FOR THE PURPOSES OF THE WORKERS' COMPENSATION LAW; TO AMEND SECTION 42-1-160, AS AMENDED, RELATING TO THE DEFINITIONS OF "INJURY" AND "PERSONAL INJURY", SO AS TO FURTHER DEFINE THESE TERMS AND TO ADD A DEFINITION FOR "ACCIDENT"; TO AMEND SECTION 42-9-30, AS AMENDED, RELATING TO THE AMOUNT OF COMPENSATION AND THE PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE THAT AWARDS MUST BE DETERMINED BASED ON CERTAIN FACTORS, TO DEFINE "PERMANENT MEDICAL IMPAIRMENT", AND TO DELETE THE EXCEPTION FOR FIFTY PERCENT OR MORE LOSS OF THE USE OF THE BACK FOR COMPENSATION TO BE PAID UNDER THE SCHEDULE; TO AMEND SECTION 42-9-400, AS AMENDED, RELATING TO THE DEFINITION OF "PERMANENT PHYSICAL IMPAIRMENT" FOR PURPOSES OF REIMBURSEMENT TO AN EMPLOYER FROM THE SECOND INJURY FUND, SO AS TO LIMIT THE MEANING OF THE TERM TO AN AMPUTATED LIMB, LOSS OR PARTIAL LOSS OF SIGHT, AND RUPTURED INTERVERTEBRAL DISC AND TO PROVIDE FOR THE CLOSURE OF THE SECOND INJURY FUND ON JUNE 30, 2012; TO AMEND SECTION 42-11-10, RELATING TO THE DEFINITION OF "OCCUPATIONAL DISEASE", SO AS TO FURTHER DEFINE THE TERM AND TO PROVIDE FOR WHEN COMPENSATION FOR THIS DISEASE IS PAYABLE; TO AMEND SECTION 42-15-60, RELATING TO MEDICAL TREATMENT AND SUPPLIES BEING FURNISHED AND AN EMPLOYEE'S REFUSAL TO ACCEPT TREATMENT, SO AS TO PROVIDE FOR HOW LONG AN EMPLOYER MUST CONTINUE TO PROVIDE MEDICAL BENEFITS; TO AMEND SECTION 42-15-80, RELATING TO PRIVILEGED INFORMATION COMMUNICATED AT EMPLOYEE EXAMINATIONS, SO AS TO PROVIDE THAT A PHYSICIAN AND OTHER HEALTH CARE PROVIDERS, WITHOUT THE EMPLOYEE'S PERMISSION, MAY DISCUSS AND COMMUNICATE AN EMPLOYEE'S MEDICAL TREATMENT WITH THE REPRESENTATIVES OF THE INSURANCE CARRIER, THE EMPLOYER, THE EMPLOYEE, THEIR ATTORNEY, THE REHABILITATION PROFESSIONAL, OR THE WORKERS' COMPENSATION COMMISSION; TO AMEND SECTION 42-15-95, AS AMENDED, RELATING TO WORKERS' COMPENSATION CLAIMS AND THE DISCLOSURE OF INFORMATION BY HEALTH CARE PROVIDERS, SO AS TO DEFINE "MEDICAL AND VOCATIONAL INFORMATION"; AND TO AMEND SECTION 42-17-90, RELATING TO THE REVIEW OF AN AWARD ON CHANGE OF A CONDITION, SO AS TO REQUIRE, IN OCCUPATION DISEASE CASES, THAT A REVIEW MUST NOT BE MADE AFTER TWELVE MONTHS FROM THE DATE OF THE LAST PAYMENT OF BENEFITS.
Referred to Committee on Labor, Commerce and Industry
H. 3800 (Word version) -- Reps. Gullick and Cotty: A BILL TO AMEND SECTION 6-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE THAT A REDUCTION IN POPULATION AND A DECLINE IN THE CONSUMER PRICE INDEX DOES NOT DECREASE THE APPLICABLE LIMIT.
Rep. COTTY asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. MERRILL objected.
Referred to Committee on Ways and Means
H. 3801 (Word version) -- Reps. E. H. Pitts, Taylor, Cotty, Huggins, Bingham, Frye, Ballentine, Bedingfield, Stewart, G. R. Smith, Davenport, Leach, Anthony, Bales, Branham, Duncan, Hagood, Hamilton, Hardwick, Harrison, Herbkersman, Kelly, Kennedy, Lucas, Mulvaney, Owens, Rice, Scarborough, Shoopman, Skelton, Spires, Talley and Toole: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY SINE DIE ADJOURNMENT DATE OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR A BIENNIAL STATE GENERAL APPROPRIATIONS ACT, TO PROVIDE THAT THE GENERAL ASSEMBLY IN EVEN-NUMBERED YEARS SHALL ADJOURN SINE DIE NOT LATER THAN 5:00 P.M. ON THE FIRST THURSDAY IN MAY, TO PROVIDE THAT IN AN ODD-NUMBERED YEAR BEGINNING IN 2009 IN WHICH THE BIENNIAL STATE GENERAL APPROPRIATIONS ACT IS GIVEN THIRD READING BEFORE MARCH THIRTY-FIRST BY THE HOUSE OF REPRESENTATIVES, THE DATE OF SINE DIE ADJOURNMENT FOR THAT YEAR IS SHORTENED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY BEFORE MARCH THIRTY-FIRST THAT THE ACT IS GIVEN THIRD READING BY THE HOUSE OF REPRESENTATIVES; AND TO AMEND SECTION 2-7-60, RELATING TO THE ANNUAL GENERAL APPROPRIATIONS ACT, SO AS TO PROVIDE THAT BEGINNING WITH ITS 2009 SESSION FOR THE ENSUING TWO FISCAL YEARS, THE GENERAL ASSEMBLY SHALL ENACT A BIENNIAL STATE GENERAL APPROPRIATIONS ACT, AND TO REQUIRE THE GOVERNOR AND THE GENERAL ASSEMBLY INCLUDING ITS APPROPRIATE COMMITTEES TO USE A "ZERO-BASE" BUDGET PROCESS IN THE PREPARATION OF THE BIENNIAL STATE GENERAL APPROPRIATIONS ACT.
Referred to Committee on Ways and Means
H. 3802 (Word version) -- Rep. G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-210 SO AS TO REQUIRE A RAILROAD COMPANY TO CLEAN UP FACILITIES, BUILDINGS, AND SURROUNDING AREAS OF ABANDONED PROPERTY THAT ARE UNSIGHTLY OR UNHEALTHY TO THE PUBLIC, AND TO ALLOW THE STATE BUDGET AND CONTROL BOARD TO CLEAN UP THOSE FACILITIES, BUILDINGS, AND SURROUNDING AREAS AND ASSESS AND COLLECT THE COSTS AGAINST THE COMPANY AS A LIEN.
Referred to Committee on Ways and Means
Rep. COOPER moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3518 (Word version) -- Reps. Neilson, Lucas and Vick: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 102 IN CHESTERFIELD COUNTY FROM ITS INTERSECTION WITH THE CHESTERFIELD COUNTY/DARLINGTON COUNTY LINE TO ITS INTERSECTION WITH CHESTERFIELD COUNTY ROAD S1380 "JAMES THOMAS 'TOM' TEAL ROAD" AS A LASTING TRIBUTE TO THE HONORABLE JAMES THOMAS 'TOM' TEAL WHO SERVED AS CHESTERFIELD COUNTY MAGISTRATE FROM 1964 TO 1994, AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "JAMES THOMAS 'TOM' TEAL ROAD".
H. 3552 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 57 IN DILLON COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 9 IN THE TOWN OF LITTLE ROCK TO ITS INTERSECTION WITH SECONDARY HIGHWAY S-17-192 "REPRESENTATIVE JEWELL P. MCLAURIN, JR. HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "REPRESENTATIVE JEWELL P. MCLAURIN, JR. HIGHWAY".
H. 3768 (Word version) -- Rep. Bales: A CONCURRENT RESOLUTION TO COMMEND EDITH L. CUNNINGHAM OF RICHLAND COUNTY FOR HER OUTSTANDING SERVICE AT BELLSOUTH UPON THE OCCASION OF HER RETIREMENT, AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
At 6:25 p.m. the House, in accordance with the motion of Rep. HASKINS, adjourned in memory of Mrs. Regoberta Caballero of Greenville, to meet at 10:00 a.m. tomorrow.
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