Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

In the book, I Samuel, we read:

"Then the Lord called, 'Samuel! Samuel!' and he said, 'Here I am!' and ran to Eli, and said, 'Here I am, for you called me.' But he said, 'I did not call; lie down again'."     (I Samuel 3:4-5)

Please bow with me in prayer:

O Lord, in so many different ways we have been summoned to serve You here in this place, here on behalf of the people of South Carolina. Guide each of us that we might embrace integrity and wisdom, dear God. Lead us in all that we strive to accomplish for the common good. And, through it all, may we seek to hold You first in all things, O Lord, in order to bring about worthwhile results for the women and men and children who are counting on us. We pray this in Your holy name, dear Lord.
Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

Senator LEATHERMAN introduced Dr. Steven R. Ross of Florence, S.C., Doctor of the Day.

At 2:05 P.M., Senator JACKSON requested a leave of absence for tomorrow.

S. 534 (Word version) -- Senator Leventis: A BILL TO AMEND ACT 620 OF 1992 AND ACT 741 OF 1990, BOTH AS AMENDED, RELATING TO THE REAPPORTIONMENT OF THE ELECTION DISTRICTS FROM WHICH TRUSTEES OF SCHOOL DISTRICTS 2 AND 17 OF SUMTER COUNTY ARE ELECTED, SO AS TO FURTHER

On motion of Senator LAND, with unanimous consent, the name of Senator LAND was added as a co-sponsor of S. 534.

S. 490 (Word version) -- Senators McConnell, Martin, Peeler, Leventis, Ryberg and Knotts: A BILL TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCE OF ATTORNEY'S FEES IN STATE-INITIATED ACTIONS, SO AS TO LIMIT THE FEE TO A REASONABLE HOURLY RATE.

On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 490.

S. 9 (Word version) -- Senators Hayes, Campsen, Sheheen, McConnell, Mescher, McGill, Knotts and Fair: A BILL TO AMEND SECTION 20-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGAL REPRESENTATION OF CHILDREN, INCLUDING THE APPOINTMENT OF GUARDIANS AD LITEM, SO AS TO PROVIDE THAT THE COURT MAY APPOINT AN ATTORNEY FOR A LAY GUARDIAN AD LITEM BUT MAY NOT IF THE GUARDIAN AD LITEM IS AN ATTORNEY.

On motion of Senator ELLIOTT, with unanimous consent, the name of Senator ELLIOTT was added as a co-sponsor of S. 9.

S. 13 (Word version) -- Senators Hayes, Knotts and Fair: A BILL TO ENACT THE UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT BY ADDING ARTICLE 27 TO CHAPTER 7, TITLE 20 OF THE 1976 CODE, TO ADOPT A UNIFORM ACT REVISING PROCEDURES FOR ESTABLISHING AND ENFORCING CHILD CUSTODY AND VISITATION WHEN ONE OF THE PARTIES RESIDES IN THIS STATE AND THE OTHER DOES NOT; AND TO REPEAL SUBARTICLE 2, ARTICLE 9,

On motion of Senator ELLIOTT, with unanimous consent, the name of Senator ELLIOTT was added as a co-sponsor of S. 13.

S. 15 (Word version) -- Senators Hayes, Campsen, Vaughn, McConnell, Mescher, Ritchie, Knotts, Cleary, Leatherman, Setzler and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, CHAPTER 4, TITLE 20 BY ENACTING THE "UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC-VIOLENCE PROTECTION ORDERS ACT", TO ESTABLISH UNIFORM PROCEDURES FOR THE INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS, TO AUTHORIZE THE ENFORCEMENT OF PROTECTION ORDERS ISSUED IN ANOTHER STATE INCLUDING TERMS THAT PROVIDE RELIEF THAT THE COURTS OF THIS STATE WOULD LACK POWER TO PROVIDE; TO PROVIDE IMMUNITY FOR LAW ENFORCEMENT OFFICERS ACTING IN GOOD FAITH; TO AUTHORIZE THE ENFORCEMENT OF PROTECTION ORDERS ISSUED BY ANOTHER STATE WHICH ARE NOT REGISTERED OR FILED IN THIS STATE; TO PROVIDE AN OPTIONAL REGISTRATION PROCESS WHEREBY THE PROTECTED INDIVIDUAL CAN FILE A FOREIGN ORDER OF PROTECTION WITH THE FAMILY COURT; AND TO DESIGNATE SECTIONS 20-4-10 THROUGH 20-4-160 AS ARTICLE 1, CHAPTER 4, TITLE 20, ENTITLED "PROTECTION FROM DOMESTIC ABUSE".

On motion of Senator ELLIOTT, with unanimous consent, the name of Senator ELLIOTT was added as a co-sponsor of S. 15.

S. 17 (Word version) -- Senators Hayes, Campsen, Mescher, Knotts, Cleary and Fair: A BILL TO AMEND SUBARTICLE 5, ARTICLE 9, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, TO REPLACE THIS ACT WITH THE MOST CURRENT VERSION OF THIS UNIFORM ACT AND TO FURTHER PROVIDE FOR UNIFORM LEGISLATION TO ASSIST WITH THE INTERSTATE ENFORCEMENT OF SUPPORT, INCLUDING CIVIL AND CRIMINAL ENFORCEMENT PROCEDURES, AND

On motion of Senator ELLIOTT, with unanimous consent, the name of Senator ELLIOTT was added as a co-sponsor of S. 17.

S. 204 (Word version) -- Senators Ritchie, Campsen, Richardson, Hayes, Mescher and Cleary: A BILL TO AMEND SECTION 20-7-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A FINGERPRINT REVIEW FOR A PERSON APPLYING FOR LICENSURE AS A FOSTER PARENT, TO INCLUDE ANYONE SEEKING APPROVAL TO ADOPT A CHILD IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES (DSS) TO UNDERGO A FINGERPRINT REVIEW; AND TO AMEND SECTION 20-7-1642 OF THE 1976 CODE, RELATING TO RESTRICTIONS ON FOSTER CARE REPLACEMENT WITH PERSONS WITH A HISTORY OF CHILD ABUSE OR NEGLECT OR OTHER CRIMINAL CONVICTIONS OR PLEAS, TO INCLUDE A PROHIBITION ON PLACING A DSS CHILD IN A HOME FOR FOSTER CARE OR ADOPTION WHERE ANYONE IN THE HOME OVER THE AGE OF EIGHTEEN HAS PLED GUILTY OR NOLO CONTENDERE TO UNLAWFUL CONDUCT TOWARD A CHILD OR CRUELTY TO CHILDREN.

On motion of Senator ELLIOTT, with unanimous consent, the name of Senator ELLIOTT was added as a co-sponsor of S. 204.

S. 331 (Word version) -- Senator Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-745 SO AS TO DEFINE "COMMUNICATION DEVICE" AND "COMMUNICATION SYSTEM", TO PROVIDE THAT IT IS UNLAWFUL TO DISABLE, DESTROY, OR INJURE A COMMUNICATION DEVICE OR COMMUNICATION SYSTEM DURING THE COMMISSION OF A CRIME, TO PROVIDE THAT IT IS UNLAWFUL TO OBSTRUCT, IMPEDE, OR IMPAIR THE SERVICE OR TRANSMISSION OF A COMMUNICATION DEVICE OR COMMUNICATION SYSTEM DURING THE COMMISSION OF A CRIME, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

On motion of Senator ELLIOTT, with unanimous consent, the name of Senator ELLIOTT was added as a co-sponsor of S. 331.

S. 338 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-400 SO AS TO CREATE THE OFFENSE OF TAMPERING WITH, ALTERING, DAMAGING, OR DESTROYING A SECURITY DEVICE, TO DEFINE THE TERM "SECURITY DEVICE", AND TO PROVIDE A PENALTY FOR THE OFFENSE.

On motion of Senator ELLIOTT, with unanimous consent, the name of Senator ELLIOTT was added as a co-sponsor of S. 338.

S. 463 (Word version) -- Senators Leatherman, Alexander, Verdin, Short, Setzler and Vaughn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE AND THE INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, SO AS TO PROVIDE THAT THE FUNDS OF ANY TRUST FUND ESTABLISHED BY LAW FOR THE FUNDING OF POST-EMPLOYMENT BENEFITS FOR STATE EMPLOYEES AND PUBLIC SCHOOL TEACHERS MAY BE INVESTED AND REINVESTED IN EQUITY SECURITIES SUBJECT TO THE SAME LIMITATIONS ON SUCH INVESTMENTS APPLICABLE FOR THE FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENTS SYSTEMS.

On motion of Senator ELLIOTT, with unanimous consent, the name of Senator ELLIOTT was added as a co-sponsor of S. 463.

S. 545 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-19-75 SO AS TO PROHIBIT MEMBERS OF THE GENERAL ASSEMBLY FROM CAMPAIGNING FOR JUDICIAL CANDIDATES WITHIN TWO YEARS OF THE ELECTION, TO PROVIDE THAT THE STATE ETHICS COMMISSION SHALL INVESTIGATE COMPLAINTS, TO PROVIDE A PENALTY, AND TO PROVIDE AN EXCEPTION UNDER CERTAIN CIRCUMSTANCES FOR LEGISLATIVE MEMBERS OF THE JUDICIAL MERIT SELECTION COMMISSION.

On motion of Senator ELLIOTT, with unanimous consent, the name of Senator ELLIOTT was added as a co-sponsor of S. 545.

S. 553 (Word version) -- Senators Martin, Hutto and Vaughn: A BILL TO AMEND SECTION 30-4-70(C) OF THE 1976 CODE, RELATING TO A CLOSED MEETING OF A PUBLIC BODY, TO PROVIDE THAT NO CHANCE MEETING, SOCIAL MEETING, OR ELECTRONIC COMMUNICATION MAY BE USED IN CIRCUMVENTION OF THE SPIRIT OF THE FREEDOM OF INFORMATION ACT TO DISCUSS OR ACT UPON A MATTER WITHIN THE JURISDICTION OF THE PUBLIC BODY.

On motion of Senator ELLIOTT, with unanimous consent, the name of Senator ELLIOTT was added as a co-sponsor of S. 553.

S. 555 (Word version) -- Senators Martin, Hutto, Sheheen and Vaughn: A BILL TO AMEND SECTION 30-4-30(B) OF THE 1976 CODE, RELATING TO A PUBLIC RECORD, TO PROVIDE THAT A PUBLIC BODY MAY NOT CHARGE MORE THAN THE PREVAILING COMMERCIAL RATE FOR COPIES OF A PUBLIC RECORD.

On motion of Senator ELLIOTT, with unanimous consent, the name of Senator ELLIOTT was added as a co-sponsor of S. 555.

S. 556 (Word version) -- Senators Martin, Hutto and Sheheen: A BILL TO AMEND SECTION 30-4-70(B) OF THE 1976 CODE, RELATING TO AN EXECUTIVE SESSION OF A PUBLIC BODY, TO PROVIDE THAT THE PRESIDING OFFICER MUST STATE THE SPECIFIC PURPOSE OF THE MEETING, THAT NO OTHER MATTER MAY BE LAWFULLY DISCUSSED, AND THAT NO VOTE OR STRAW POLL MAY BE TAKEN.

On motion of Senator ELLIOTT, with unanimous consent, the name of Senator ELLIOTT was added as a co-sponsor of S. 556.

S. 557 (Word version) -- Senators Martin and Hutto: A BILL TO AMEND SECTION 30-4-80(a) OF THE 1976 CODE, RELATING TO MEETINGS OF A PUBLIC BODY, TO PROVIDE FOR THAT THE AGENDA FOR ALL REGULARLY SCHEDULED MEETINGS

On motion of Senator ELLIOTT, with unanimous consent, the name of Senator ELLIOTT was added as a co-sponsor of S. 557.

The following were introduced:

S. 575 (Word version) -- Senators Scott, Anderson, Matthews, Grooms, Knotts, Vaughn, Ford, Short, Mescher, Cromer, Bryant, Thomas, Elliott, Hutto, Patterson and Land: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT FROM PROPERTY TAX THE DWELLING OF THE OTHERWISE ELIGIBLE SURVIVING SPOUSE OF A PERSON, WHO BUT FOR THE RESIDENCY REQUIREMENTS, WOULD HAVE BEEN ELIGIBLE FOR THE DWELLING EXEMPTION ALLOWED CERTAIN DISABLED VETERANS, LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, AND ALLOWED THE SURVIVING SPOUSE OF SUCH PERSON WHO DIED IN THE LINE OF DUTY, AND ALLOWED PARAPLEGICS AND HEMIPLEGICS.
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Read the first time and referred to the Committee on Finance.

S. 576 (Word version) -- Senators Drummond and O'Dell: A BILL TO AMEND SECTION 7-7-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF GREENWOOD 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.
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Read the first time and referred to the Committee on Judiciary.

S. 577 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 22-3-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION AND PROCEDURE IN MAGISTRATES'

Read the first time and referred to the Committee on Judiciary.

S. 578 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF REVENUE, RELATING TO REQUIREMENTS FOR PROTESTING BEER AND WINE PERMITS OR ALCOHOLIC LIQUOR LICENSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3101, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 579 (Word version) -- Senator Alexander: A BILL TO PROVIDE THAT THE ELECTED POSITION OF SUPERINTENDENT OF EDUCATION OF OCONEE COUNTY IS ABOLISHED AS OF JULY 1, 2009, AND ALL POWERS AND DUTIES OF THE SUPERINTENDENT ARE DEVOLVED UPON THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF OCONEE COUNTY AND TO PROVIDE THAT IF A VACANCY OCCURS IN THAT OFFICE BEFORE JULY 1, 2009, THE OFFICE IS ABOLISHED AS OF THE DATE OF THE VACANCY; AND TO REPEAL SECTIONS 1, 4, AND 8 OF ACT 613 OF 1992, AS AMENDED, RELATING TO THE ELECTION, POWERS, AND DUTIES OF THE SUPERINTENDENT OF EDUCATION OF OCONEE COUNTY.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

H. 3707 (Word version) -- Reps. Govan, Clyburn, Cobb-Hunter, Hosey, Ott, Sellers, 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, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk,

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3714 (Word version) -- Rep. J. E. Smith: A CONCURRENT RESOLUTION CONGRATULATING THE NATCHEZ INDIAN TRIBE OF SOUTH CAROLINA ON THE DISTINGUISHED HONOR OF ITS RECOGNITION AS A "GROUP" BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS ON FEBRUARY 2, 2007.

The Concurrent Resolution was adopted, ordered returned to the House.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

S. 91 (Word version) -- Senators Campsen, Ritchie and Knotts: A BILL TO ENACT THE RESEARCH AND DEVELOPMENT TAX CREDIT REFORM ACT BY AMENDING SECTION 12-6-3415, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORPORATE INCOME TAX AND CORPORATE LICENSE TAX CREDIT ALLOWED TAXPAYERS CLAIMING A FEDERAL INCOME TAX CREDIT FOR RESEARCH ACTIVITY, SO AS TO

Ordered for consideration tomorrow.

Senator MESCHER from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

S. 334 (Word version) -- Senators Leventis, Hayes, Knotts, Drummond, Anderson and Ford: A BILL TO AMEND SECTION 41-35-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISQUALIFICATION FOR BENEFITS OF AN INSURED WORKER UNDER THE EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THAT LEAVING AN EMPLOYER BECAUSE OF THE TRANSFER OF A SPOUSE FROM ONE MILITARY ASSIGNMENT TO ANOTHER DOES NOT DISQUALIFY A PERSON FROM THESE BENEFITS.

Ordered for consideration tomorrow.

Senator THOMAS from the Committee on Banking and Insurance submitted a favorable report on:

S. 533 (Word version) -- Senator Sheheen: A CONCURRENT RESOLUTION RECOGNIZING THE URGENCY TO TAKE MEANINGFUL STEPS, BEGINNING WITH COVERING ALL OF AMERICA'S CHILDREN, TO SOLVE ONE OF AMERICA'S GREATEST PROBLEMS, LACK OF SUFFICIENT HEALTH CARE, AND DESIGNATING APRIL 23-29, 2007, "COVER THE UNINSURED WEEK" IN SOUTH CAROLINA.

Ordered for consideration tomorrow.

Senator THOMAS from the Committee on Banking and Insurance submitted a favorable report on:

H. 3308 (Word version) -- Reps. Miller, Viers, Anderson, Hardwick, Leach, Limehouse, Duncan, Ceips, Hodges, Lowe, Scarborough, Witherspoon, Young, Hagood and R. Brown: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT AND CONGRESS OF THE UNITED STATES, THE GOVERNOR, AND THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, AND ENTITIES UNDERWRITING HOMEOWNERS INSURANCE POLICIES IN SOUTH CAROLINA TO ACT WITH ALL DUE EXPEDIENCY TO ADDRESS THE HOMEOWNERS INSURANCE CRISIS FACING

Ordered for consideration tomorrow.

S. 559 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. JANIE LANGLEY FOR BEING NAMED SOUTH CAROLINA MIDDLE SCHOOL PRINCIPAL OF THE YEAR AND TO THANK HER FOR HER TIRELESS DEDICATION IN MAKING MACEDONIA MIDDLE SCHOOL A SOURCE OF PRIDE TO HER DISTRICT AND COMMUNITY.

Returned with concurrence.

Received as information.

S. 560 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO COMMEND DR. LIAM FOX, MEMBER OF PARLIAMENT, FOR HIS TRULY DISTINGUISHED CAREER AS A MEMBER OF THE HOUSE OF COMMONS AND IN THE FIELD OF MEDICINE, AND TO RECOGNIZE HIS DEDICATION TO THE CITIZENS OF WOODSPRING AND THE UNITED KINGDOM FOR HIS EFFORTS TO STRENGTHEN THE RELATIONSHIP BETWEEN THE UNITED KINGDOM AND THE UNITED STATES.

Returned with concurrence.

Received as information.

S. 573 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO HONOR DR. SHARON L. BUDDIN, PRINCIPAL OF BLYTHEWOOD HIGH SCHOOL, FOR HER THIRTY-EIGHT YEARS OF SERVICE AS AN EDUCATOR UPON THE OCCASION OF HER RETIREMENT, AND TO EXTEND BEST WISHES FOR MUCH SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.

The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 3613 (Word version) -- Rep. Taylor: A BILL TO AMEND ACT 779 OF 1988, RELATING TO THE BOARDS OF TRUSTEES OF LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO PROVIDE THAT PERSONS DESIRING TO BECOME CANDIDATES FOR ELECTION TO THE BOARDS SHALL FILE A STATEMENT OF CANDIDACY RATHER THAN A PETITION, TO REVISE THE DATE BY WHICH THE STATEMENTS OF CANDIDACY MUST BE FILED, AND TO PROVIDE THAT IF A CANDIDATE IS UNOPPOSED, HE IS DEEMED ELECTED UNDER SPECIFIED CONDITIONS AND PROCEDURES.

The following Joint Resolution, having been read the second time, was ordered placed on the Third Reading Calendar:

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.

H. 3396 (Word version) -- Reps. Cato, Harrell, Sandifer, Bales, Battle, G. Brown, Chellis, Cooper, Haley, Hamilton, Harrison, Herbkersman, Howard, Jennings, Leach, Mack, Merrill, Ott, Owens, Perry, Scarborough, Thompson, Huggins, Dantzler and Viers: A BILL TO AMEND SECTION 58-12-5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSES, FUNDING, AND PREEMPTION PROVISIONS IN REGARD TO CABLE TELEVISION SERVICES, SO AS TO INCLUDE VIDEO SERVICES THEREIN; TO AMEND ARTICLE 3, CHAPTER 12 OF TITLE 58, RELATING TO STATE-

On motion of Senator MALLOY, with unanimous consent, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.

H. 3097 (Word version) -- Reps. Rice, Walker, G.R. Smith, Shoopman, Cobb-Hunter, Mahaffey, Cotty, Owens, D.C. Smith, Bedingfield, Bales and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 59 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL ESTABLISH THE SOUTH CAROLINA VIRTUAL SCHOOL PROGRAM, PROVIDE REQUIREMENTS FOR THE VIRTUAL SCHOOL PROGRAM, PROVIDE FOR COURSES OFFERED FOR CERTAIN CREDIT, PROVIDE FOR THE VIRTUAL SCHOOL PROGRAM'S TEACHERS, PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL PROMULGATE REGULATIONS, PROVIDE FOR A STUDY TO DETERMINE THE FEASIBILITY OF PROVIDING THE VIRTUAL SCHOOL PROGRAM TO STUDENTS ENROLLED IN ADULT EDUCATION PROGRAMS, PROVIDE FOR AN ANNUAL REPORT TO THE GENERAL ASSEMBLY, AND PROVIDE FOR AN ON-LINE PROGRAM IN A CHARTER SCHOOL; AND BY ADDING SECTION 59-40-65 SO AS TO PROVIDE THAT CERTAIN INFORMATION MUST BE INCLUDED IN THE CHARTER SCHOOL APPLICATION IF A CHARTER SCHOOL

Senator MARTIN asked unanimous consent to make a motion to take up the Bill for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Senator MARTIN asked unanimous consent to make a motion to take up further amendments pursuant to the provisions of Rule 26B.

There was no objection.

Having received the requisite number of votes under the provisions of Rule 26B, further amendments were taken up for immediate consideration.

Senators VERDIN and ALEXANDER proposed the following Amendment No. 1 (3097R007.DBV), which was adopted:

Amend the bill, as and if amended, page 6, line 36, by adding an appropriately numbered new SECTION to read:

/   SECTION __.   Section 59-40-210 of the 1976 Code is amended to read:

"A school established as a private school, on the effective date of this section, which desires to convert to a charter school shall dissolve and must not be allowed to open as a charter school for a period of twelve months unless the school was founded more than one hundred twenty-five years ago and operates in conjunction with an orphanage."     /

Renumber sections to conform.

Amend title to conform.

Senator VERDIN explained the amendment.

The amendment was adopted.

At 2:24 P.M., Senator MARTIN assumed the Chair.

Senator HAYES proposed the following Amendment No. 2 (3097R008.RWH), which was adopted:

Amend the bill, as and if amended, SECTION 1, page 5, by striking line 17 and inserting:

/   performance on end-of-course examinations and graduation rates.

Section 59-16-80.   The implementation of the provisions contained in this chapter are contingent upon the appropriation of funds by the General Assembly."   /

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

S. 355 (Word version) -- Senators Grooms, Richardson, Verdin, Campsen and Vaughn: A BILL TO PROVIDE FOR THE RESTRUCTURING OF THE DEPARTMENT OF TRANSPORTATION. (ABBREVIATED TITLE)

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.

Senator GROOMS, subcommittee chairman on the Bill, was recognized to speak on the Bill.

At 3:08 P.M., the PRESIDENT assumed the Chair.

Senator GROOMS resumed speaking on the Bill.

Senators McCONNELL and RYBERG proposed the following Amendment No. P-1 (JUD0355.001), which was adopted:

Amend the committee report, as and if amended, by striking the committee report in its entirety and inserting therein the following:

TO AMEND SECTION 1-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENTS OF STATE GOVERNMENT, SO AS TO PROVIDE THAT THE GOVERNING AUTHORITY OF THE DEPARTMENT OF TRANSPORTATION SHALL BE A BOARD AND A SECRETARY; TO AMEND SECTION 1-30-105, RELATING TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE GOVERNING AUTHORITY OF THE DEPARTMENT OF TRANSPORTATION IS DIVIDED BETWEEN A SECRETARY APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE AND A BOARD; TO AMEND ARTICLE 3, CHAPTER 1, TITLE 57, RELATING TO THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO RECONSTITUTE THE COMMISSION AS A BOARD AND TO PROVIDE THAT THE BOARD SHALL BE COMPOSED OF TWELVE MEMBERS, SEVEN ELECTED BOARD MEMBERS REPRESENTING THE NEWLY CONSTITUTED DEPARTMENT OF TRANSPORTATION BOARD DISTRICTS AND FIVE AT-LARGE BOARD MEMBERS APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, TO ESTABLISH THE ROTATION OF THE COUNTIES WITHIN EACH DISTRICT FROM WHICH CANDIDATES MUST RESIDE FOR AN ELECTED SEAT ON THE BOARD, THE LENGTH OF TERMS THAT BOARD MEMBERS MAY SERVE, THE QUALIFICATIONS REQUIRED OF BOARD MEMBERS, THE MANNER IN WHICH BOARD MEMBERS ARE SCREENED TO VERIFY QUALIFICATIONS, THE DISTRICTS REPRESENTED BY ELECTED BOARD MEMBERS, AND THE POWERS AND DUTIES OF THE BOARD, TO PROVIDE THAT BOARD MEMBERS MUST DISCHARGE THEIR INDIVIDUAL DUTIES IN GOOD FAITH, TO DEFINE A CONFLICT OF INTEREST TRANSACTION AND PROHIBIT BOARD MEMBERS FROM ENTERING INTO A CONFLICT OF INTEREST TRANSACTION, AND TO PROVIDE THAT THE ATTORNEY GENERAL MAY PROSECUTE A BOARD

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   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

(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 board as provided for in Section 57-3-310, and a secretary appointed by the Governor with the advice and consent of the Senate as provided for in Section 57-1-410."

SECTION   2.   Section 1-30-105 of the 1976 Code is amended to read:

"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 constitute d 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 for the Motor Vehicle Division and the State Highway Patrol, formerly provided for at Section 56-1-10, et seq.

(B)   Notwithstanding the provisions of subsection (A) of this section, the governing authority of the Department of Transportation shall be a board as provided in Section 57-1-310, and a secretary appointed by the Governor with the advice and consent of the Senate as provided for in Section 57-1-410."

SECTION   3.   Article 3, Chapter 1, Title 57 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.

Section 57-1-320.   (A)   A county that is divided among two or more Department of Transportation 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 57-1-325.   Legislators residing in the congressional 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 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 district shall adopt such rules as they consider proper to govern the election. Any 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 issue a commission to the person, and pending the issuance of the

Section 57-1-330.   (A)   Beginning February 15, 1994, 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. All commission members must serve for a term of office of 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. Any vacancy occurring in the office of commissioner shall 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 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 districts are as follows:

(1)   commission members appointed to represent odd-numbered congressional districts--two years; and

(2)   commission members appointed to represent even-numbered congressional districts--four years.

(C)   The at-large commissioner shall serve at the pleasure of the Governor.

Section 57-1-340.   Each commission member, within thirty days after his election or appointment, and before entering upon the discharge of the duties of his office, shall take, subscribe, and file with the Secretary of State the oath of office prescribed by the Constitution of the State.

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 be reimbursed for official expenses as provided by law for members of state boards and commissions as established in the annual general appropriation act.

Section 57-1-310.   (A)(1)   There is established the Department of Transportation Board.

(2)   The board shall be composed of twelve members in the following manner:

(a)   one district member from each Department of Transportation Board District must: (i) have the qualifications stated in this section, as determined and verified by the Transportation Oversight Committee, (ii) be found qualified and nominated by the oversight committee, and (iii) be elected by a majority vote of the Senate and a majority vote of the House of Representatives meeting in joint assembly from among the qualified candidates nominated by the oversight committee. District board members must address transportation issues and policy from a statewide perspective and the perspective of the district that they represent, and

(b)   five at-large members who before being appointed by the Governor with the advice and consent of the Senate must (i) have their names forwarded to the Transportation Oversight Committee by the Governor as provided in Section 57-1-395, and (ii) have the qualifications stated in this section as determined and verified by the oversight committee. At-large board members must address transportation issues and policy from a statewide perspective. The at-large membership of the board must be comprised of:

(i)     two members residing in a rural area with broad knowledge in and experience working with transportation, legal, financial, or environmental issues having an effect upon rural areas, or who, with the assistance of counsel, have the ability to understand these issues;

(ii)   two members residing in an urban area with broad knowledge in and experience working with transportation, legal, financial, or environmental issues having an effect upon urban areas, or who, with the assistance of counsel, have the ability to understand these issues; and

(iii)   one member to serve as chairman who is an experienced administrator.

(c)   For the purposes of this section:

(i)     'rural area' means a county with a population of one hundred thousand persons or less according to the latest United States census; and

(ii)   'urban area' means a county that is not a rural area.

(3)   Each district member shall serve a five-year term or until his successor is elected and qualified; provided, that no district board member may serve in a hold over capacity for more than six months after the expiration of his term.

(4)   An at-large member's term is coterminous with the Governor. Each at-large member serving on the board must reside in a different transportation district. If he is found qualified, a person may be appointed to serve at large even if he previously served as a district board member. Past service on the board as a district board member does not disqualify a person from serving as an at-large board member.

(5)   A vacancy on the board must be filled by election or appointment, as appropriate, in the manner provided in this section.

(6)   Board members may be removed by the Governor for cause as provided in Section 1-3-240(C).

(7)   No member of the General Assembly shall be eligible for election or appointment to the board during his term of office.

(B)   Candidates for election or appointment to the board, as the case may be, must be screened by the Transportation Oversight Committee and found qualified as meeting the minimum requirements contained in subsection (C) of this section before being nominated by the oversight committee and elected by the General Assembly in the case of district members or appointed by the Governor with the advice and consent of the Senate in the case of at-large members. In the case of district board member candidates, the oversight committee must submit a written report to the Clerk of the Senate and the Clerk of the House of Representatives setting forth its findings as to the qualifications of each nominee. A period of at least two weeks must elapse between the date the oversight committee nominates candidates to serve as district board members and the date of the election by a majority vote of the Senate and a majority vote of the House of Representatives meeting in joint assembly from among the qualified candidates nominated by the oversight committee. In the case of at-large board member appointees, the oversight committee must submit a written report to the Clerk of the Senate setting forth its findings as to the qualifications of each appointee. Until he is screened and found qualified by the oversight committee, a candidate must not serve on the board, even in an interim capacity.

(C)   Except as provided in Section 57-1-390(C)(1), each board member must possess the education, abilities, and experience that allow him to make valuable contributions to the conduct of the board's business, including, but not limited to:

(1)   a general knowledge of the history, purpose, and operations of the Department of Transportation and the responsibilities of being a board member;

(2)   the ability to interpret legal and financial documents and information, so as to further the activities and affairs of the department;

(3)   the ability to understand and apply federal and state laws, rules, and regulations, which may be with the assistance of counsel;

(4)   the ability to understand and apply judicial decisions as they relate to the activities and affairs of the department, which may be with the assistance of counsel;

(5)   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 the 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; and

(6)   in the case of district board members, a background of substantial duration and expertise in at least one of the following:

(a)   transportation issues;

(b)   finance;

(c)   accounting;

(d)   engineering; or

(e)   law.

(D)   Beginning in 2007, district board members must be elected to staggered terms. In 2007, district board members representing the second, fourth, and sixth districts must be elected to terms that end January 31, 2010, and until their successors are elected and qualify except as provided in subsection (A)(3). Thereafter, district board members representing the second, fourth, and sixth districts must be elected to terms of five years and until their successors are elected and qualify except as provided in subsection (A)(3). In 2007, district board members representing the first, third, fifth, and seventh districts must be elected to terms ending on January 31, 2012, and until their successors are elected and qualify except as provided in subsection (A)(3). Thereafter, district board members representing the first, third, fifth, and seventh districts must be elected to terms of five years and

(E)   The board 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 they are appointed. These expenses shall be paid from the general fund of the State on warrants duly signed by the chairman of the board and payable by the authorities from which they are appointed.

Section 57-1-320.   (A)   District board members shall be elected from Department of Transportation Board Districts comprised of counties grouped in the following manner:

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.

(B)   A candidate for the position of district board member must be a resident of a county in the district. The county from which a board member must reside shall rotate alphabetically among the counties in the district. No county shall have a district board member for two successive terms except as provided in Section 57-1-310(A)(4).

Section 57-1-330.   (A)   A board member shall discharge his duties:

(1)   in good faith;

(2)   with the care an ordinarily prudent person, in a like position, would exercise under similar circumstances; and

(3)   in a manner he reasonably believes to be in the best interests of the board and the department. As used in this chapter, 'best interests' means a balancing of the following:

(a)   preservation of the financial integrity of the department to design, construct, and maintain a safe and serviceable state highway system;

(b)   the impact individual road projects have on directly affected communities; and

(c)   exercise of the powers of the board set forth in Section 57-1-360, in accordance with good business practices and the requirements of applicable federal or state laws and regulations.

(B)   In discharging his duties, a board member is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by:

(1)   one or more officers or employees of the department whom the board member reasonably believes to be reliable and competent in the matters presented;

(2)   legal counsel, public accountants, or other persons as to matters the board member reasonably believes are within the person's professional or expert competence; or

(3)   a committee of board members of which he is not a member, if the board member reasonably believes the committee merits confidence.

(C)   A board member is not acting in good faith if he has knowledge concerning the matter in question that makes reliance otherwise permitted by subsection (B) unwarranted.

(D)   A board member is not liable for any action taken as a board member, or any failure to take any action, if he performed the duties of his office in compliance with this section.

(E)   An action against a board member for failure to perform the duties imposed by this section must be commenced within three years after the cause of action has occurred, or within two years after the time when the cause of action is discovered or should reasonably have been discovered, whichever occurs sooner. This limitations period does not apply to breaches of duty that have been fraudulently concealed.

Section 57-1-340.   (A)   A conflict of interest transaction is a transaction with the department in which a board member has a direct or indirect interest. A conflict of interest transaction is not voidable by the board solely because of the board member's interest in the transaction if any one of the following is true:

(1)   the material facts of the transaction and the board member's interest were disclosed or known to the board member or a committee of the board, and the board or a board committee authorized, approved, or ratified the transaction; or

(2)   the transaction was fair to the department.

If item (A)(1) has been complied with, the burden of proving unfairness of any transaction covered by this section is on the party

(B)   For purposes of this section, a board member has an indirect interest in a transaction if, during his term or for two years prior to or after the expiration of his term:

(1)   another entity in which he has a material financial interest or in which he is a general partner, is a party to the transaction; or

(2)   another entity of which he is a board member, officer, or trustee, is a party to the transaction and the transaction is or should be considered by the board.

(C)   For purposes of subsection (A)(1), a conflict of interest transaction is authorized, approved, or ratified if it receives the affirmative vote of a majority of the board members or a majority of the members of a board committee who have no direct or indirect interest in the transaction, but a transaction may not be authorized, approved, or ratified under this section by a single board member. If a majority of the board members who have no direct or indirect interest in the transaction vote to authorize, approve, or ratify the transaction, a quorum is present for the purpose of taking action under this section. The presence of, or a vote cast by, a board member with a direct or indirect interest in the transaction does not affect the validity of any action taken under subsection (A)(1), if the transaction is otherwise authorized, approved, or ratified as provided in that subsection.

Section 57-1-350.   The Attorney General, on behalf of the people of South Carolina, has exclusive authority to bring suit against board members asserting a breach of any duty arising under Sections 57-1-330 and 57-1-340. If it is proven that a board member violated the provisions of Section 57-1-330 or Section 57-1-340, he is subject to liability under the same theories of liability as for a breach of duty by a corporate director pursuant to Title 33 and South Carolina common law. Liability under this section shall be limited to disgorgement of any ill-gotten gain and damages of not more than fifty thousand dollars per occurrence and reasonable attorney's fees and costs. The court also may grant appropriate equitable relief. Any remedy granted or damages awarded pursuant to this section do not relieve a board member from criminal liability or preclude criminal prosecution.

Section 57-1-360.   (A)   In addition to all other powers and duties provided by law, the board:

(1)   must approve the statewide transportation improvement program prior to its implementation, including any modifications,

(2)   must approve the statewide mass transit system plan prior to its implementation, including any modifications, amendments, or annual adjustments to the plan; and

(3)   must approve a financial plan prepared by the department for highway projects valued in excess of one hundred million dollars before the project may be started. The financial plan must include, but is not limited to, the following:

(a)   a complete cost estimate for all major elements of the project;

(b)   an implementation plan with the project schedule and cost-to-complete information provided for each year of the proposed project;

(c)   revenues identified by funding source for each year to meet project costs; and

(d)   a detailed cash-flow analysis for each year of the proposed projects.

(B)   For the purposes of this section:

(1)   'accident rate' means the number of automobile accidents per million vehicle miles traveled upon a roadway segment;

(2)   'volume to capacity ratio' means the number of vehicles traveling per day, or the projected traffic for new location projects, on a roadway divided by the assigned capacity for the existing travel lanes;

(3)   'truck traffic' means the actual number of trucks passing through the roadway or bridge analysis segment;

(4)   'pavement quality index' means a measurement of roughness, cracking, rutting, or other deterioration upon a roadway segment; and

(5)   'bridge quality index' means a measurement of the deterioration of a bridge.

Section 57-1-370.   Each board member, within thirty days after his election or appointment, as the case may be, and before entering upon the discharge of the duties of his office, shall take, subscribe, and file with the Secretary of State the oath of office prescribed by the state constitution.

Section 57-1-380.   (A)   The board may adopt an official seal for use on official documents of the department.

(B)   The board must adopt its own rules and procedures and may select such other officers to serve such terms as the board may designate."

SECTION   4.   Chapter 1, Title 57 of the 1976 Code is amended by adding:

Section 57-1-385.   The Transportation Oversight Committee is established to exercise the powers and fulfill the duties described in this article.

Section 57-1-390.   (A)   The oversight committee shall be composed of ten members of the General Assembly, five of whom shall be members of the House of Representatives, including the Speaker of the House or his designee, the Majority Leader or his designee, the Minority Leader or his designee, the Chairman of the Ways and Means Committee or his designee, and the Chairman of the Education and Public Works Committee or his designee. Five members of the oversight committee shall be members of the Senate, including the President Pro Tempore or his designee, the Majority Leader or his designee, the Minority Leader or his designee, the Chairman of the Finance Committee or his designee, and the Chairman of the Transportation Committee or his designee. The Senate Majority Leader or his designee, shall serve as chairman.

(B)   The oversight committee must meet as soon as practicable after appointment and organize itself by adopting its own rules and procedures and electing such other officers as the oversight committee may consider necessary. Thereafter, the oversight committee must meet at least annually at the call of the chairman or by a majority of the members. A majority of members of the oversight committee constitutes a quorum.

(C)   The oversight committee has the following powers and duties:

(1)   to review candidates for election or appointment, as the case may be, to the Department of Transportation Board to determine whether the candidates meet the qualifications set forth in Section 57-1-310(C), provided, that the oversight committee may find a candidate qualified although the candidate does not meet one or more of the qualifications contained in Section 57-1-310(C), if three-fourths of the oversight committee vote to qualify the candidate and provide written justification of the decision in its report;

(2)   in the case of district board member candidates, to nominate all qualified candidates, not to exceed three, for each open district board seat;

(3)   to evaluate the board, to the end that the members of the General Assembly may better judge whether the board's actions serve the best interests of the state's citizens;

(4)   to assist the board in developing a mandatory annual workshop for board members and staff concerning ethics, legal matters, and recent developments in transportation related issues;

(5)   to make reports and recommendations to the General Assembly on matters relating to the powers and duties provided in this section; and

(6)   to undertake additional studies or evaluations as the committee considers necessary.

(D)   Unless the oversight committee finds a candidate qualified, the candidate may not be elected or appointed to the board.

Section 57-1-395.   (A)   Whenever a district board member must be elected:

(1)   The oversight committee must forward a notice of the district board member vacancy to:

(a)   a newspaper of general circulation within the county from which the candidate resides with a request that it be published at least once a week for four consecutive weeks;

(b)   any person who has informed the committee that he desires to be notified of the vacancy; and

(c)   to each member of the General Assembly.

(2)   The oversight committee may not accept a notice of intention to seek the office from any candidate until the oversight committee certifies to the Clerk of the Senate and the Clerk of the House of Representatives that the proper notices, required by this section, have been published or provided or until the time for the publication of the notices has expired.

(3)   The cost of the notification process required by this section must be absorbed and paid from the approved accounts of the General Assembly as contained in the annual appropriations act.

(B)(1)   The Governor must forward to the oversight committee the name of the person he desires to appoint to fill any at-large vacancy on the board. The Governor's transmittal must include all of the information required in Section 1-3-215 and Section 57-1-398, and must also indicate whether the appointment is for a rural member, urban member, or the chairman.

(2)   Any person wishing to be elected to serve as a district board member must file a notice of intention to seek the office with the oversight committee.

(C)(1)   Upon receipt of the notice of intention or the name and required information for a prospective appointee of the Governor, the oversight committee shall begin to conduct an investigation of the candidate, as it considers appropriate, and may utilize the services of any agency of state government to assist in the investigation. Upon request of the oversight committee for assistance, an agency shall cooperate fully.

(2)(a)   Upon completion of the investigation, the chairman of the oversight committee shall schedule a public hearing concerning the qualifications of the candidates. Any person who desires to testify at the hearing, including the candidates, must furnish a written statement of his proposed testimony to the chairman of the oversight committee. These statements shall be furnished no later than forty-eight hours prior to the date and time set for the hearing. The oversight committee shall determine the persons who shall testify at the hearing. All testimony, including documents furnished to the oversight committee, shall be submitted under oath and persons knowingly furnishing false information either orally or in writing shall be subject to the penalties provided by law for perjury and false swearing. During the course of the investigation, the oversight committee may schedule an executive session at which each candidate, and other persons whom the oversight committee wishes to interview, may be interviewed on matters pertinent to the candidate's qualification for the office to be filled. The oversight committee shall render its tentative findings as to whether the candidate is qualified to serve on the board as a district member and its reasons for making the findings within a reasonable time after the hearing.

(b)   As soon as possible after the completion of the hearing, a verbatim copy of the testimony, documents submitted at the hearing, and findings of fact shall be transcribed and published in the journals of both houses or otherwise made available in a reasonable number of copies to the members of both houses and a copy must be furnished to each candidate.

(c)   No member of the General Assembly may pledge his vote until the qualifications of all candidates for that seat have been determined by the oversight committee and until the oversight committee has formally released its report as to the qualifications of its nominees to the General Assembly. The formal release of the report of

(d)   A candidate may withdraw at any stage of the proceedings, and in this event no further inquiry, report on, or consideration of his candidacy shall be made.

(3)   All records, information, and other material that the oversight committee has obtained or used to make its findings of fact, except materials, records, and information presented under oath at the public hearing, shall be kept strictly confidential. After the oversight committee has reported its findings of fact, or after a candidate withdraws his name from consideration, all records, information, and material required to be kept confidential must be destroyed.

(4)(a)   The oversight committee in the discharge of its duties may administer oaths and affirmations, take depositions, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records considered necessary in connection with the investigation of the oversight committee.

(b)   No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, or other records before the oversight committee on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture. However, no individual shall be prosecuted or subjected to any criminal penalty based upon testimony or evidence submitted or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that the individual so testifying shall not be exempt from prosecution and punishment for perjury and false swearing committed during testimony.

(c)   In case of contumacy by any person or refusal to obey a subpoena issued to any person, any circuit court of this State or circuit

(5)   The privilege of the floor in either house of the General Assembly may not be granted to any candidate, or any immediate family member of a candidate as defined in Section 57-1-398(B) unless the family member is serving in the General Assembly, during the time the candidate's application is pending before the oversight committee and during the time the candidate's election by a majority vote of the Senate and a majority vote of the House of Representatives meeting in joint assembly is pending.

Section 57-1-398.   (A)   Each notice of intention filed pursuant to Section 57-1-295(2), and each appointment made by the Governor for an at-large seat on the board or for secretary must, in addition to all other information required by law, include a disclosure of all campaign contributions the person or a member of the person's immediate family made to the Governor and members of the General Assembly and any campaign fundraising activities that the person or a member of the person's immediate family undertook on behalf of the Governor or members of the General Assembly during the current or two preceding election cycles.

(B)   For the purposes of this section and Section 57-1-395(B)(5), 'immediate family' means:

(1)   a child residing in a candidate's household;

(2)   a spouse of a candidate; or

(3)   an individual claimed by the candidate as a dependent for income tax purposes.

Section 57-1-400.   (A)   The oversight committee must be staffed by clerical and professional employees of the General Assembly.

(B)   The oversight committee may employ or retain other professional staff upon the determination of the necessity for other staff by the oversight committee.

(C)   The costs and expenses of the oversight committee must be funded in the annual appropriations act.

Section 57-1-405.   Oversight 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 they are appointed. These expenses must be paid from the general fund of the State on warrants duly signed by the chairman of the oversight committee and payable by the authorities from which they are appointed."

SECTION   5.   Section 57-1-410 of the 1976 Code is amended to read:

"Section 57-1-410.   (A)   The Department of Transportation shall be headed by a secretary, known as the Secretary of the Department of Transportation. The commission Governor shall employ appoint a director the secretary with the advice and consent of the Senate who shall serve at the pleasure of the commission Governor.

(B)   A person appointed to this position serve as secretary shall be a citizen of practical and successful business and executive ability who has a knowledge in the field of transportation a proven, effective administrator who, by a combination of education and experience, clearly possesses a broad knowledge of the administrative, financial, and technical aspects of the development, operation, and regulation of transportation systems and facilities or comparable systems and facilities.

(C)   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   6.   Chapter 3, Title 57 of the 1976 Code is amended by adding:

"Section 57-3-790.   (A)   Prior to including any project in the Statewide Transportation Improvement Program to:

(1)   potentially build or expand any primary or secondary highway, the department must first notify the local planning commission or other appropriate office in each county that is affected by the project that the board is considering adding the project to the program, and then solicit and consider the input of the local planning commission or other appropriate office in each county that is affected by the project; or

(2)   increase highway capacity on, or connecting to, any state road with an estimated total construction cost in excess of fifty million dollars, including all components or segments of the highway, the department must consider the existing and projected traffic volumes,

(B)   As a part of the environmental documentation for each project in the Statewide Transportation Improvement Program, with an estimated total construction cost in excess of fifty million dollars, whether the project is to be financed by the department, a county transportation committee, the State Transportation Infrastructure Bank, local government, or a public-private partnership as provided in Section 57-3-200, the sponsoring entity must:

(1)   seek and consider comments from the Department of Commerce and all directly affected counties concerning the project's anticipated contribution to the State and local economic development;

(2)   consider alternatives to the project, including functional alternatives, improved signalization, increased highway network connectivity, and transit and transportation demand strategies, including projects that may be eligible for federal funding under the Congestion Mitigation and Air Quality Improvement Program, 23 U.S.C. 149. The sponsoring entity must seek comments on alternatives from each Metropolitan Planning Organization and each Regional Council of Government directly affected by the project; and

(3)   consider impacts to cultural, historical, and natural resources and traditional land uses that would result should the project be implemented.

(C)   Nothing in subsection (B) of this section shall be construed to require the creation of a formal environmental document for public review and comment other than that which is required by federal law.

(D)   Any evaluation studies performed pursuant to subsection (B) of this section must be funded by the sponsoring entity.

(E)   The department must develop and maintain a board approved list of all proposed major highway capacity expansion projects in the State, ranking them in order of priority for future construction by board district based on evaluative criteria used to rank projects pursuant to Section 57-1-360. The project ranking established by this section shall be made available to the State Infrastructure Bank for its consideration of projects to be funded for construction.

Section 57-3-800.   (A)   The department must conduct a public hearing in the area affected by any proposed project to increase highway capacity with an estimated total construction cost in excess of fifty million dollars. The hearing must include the opportunity for interested citizens to provide comment.

(B)   The board member or his designee from the district within which the project would be located must attend the hearing.

(C)   The comments received by the department during the public involvement process must be included and addressed in the environmental documentation for each project."

SECTION   7.   Chapter 43, Title 11 of the 1976 Code is amended by adding:

"Section 11-43-155.   (A)   Prior to approving the expenditure of funds on any project to:

(1)   potentially build or expand any primary or secondary highway, the bank must first notify the local planning commission or other appropriate office in each county that is affected by the project that the bank is considering providing financing for the project; or

(2)   increase highway capacity on, or connecting to, any state road, with an estimated total construction cost in excess of fifty million dollars, including all components or segments of the highway; in addition, the bank must consider the existing and projected traffic volumes, the effect on congestion relief, safety, and other transportation purposes.

(B)   The bank must maintain a board approved list of all proposed major highway capacity expansion projects in the State, ranking them in each Department of Transportation Board District, as defined in Section 57-1-320, in order of priority for future construction, based on evaluative criteria used to rank projects pursuant to Section 57-1-360. This project ranking shall be used in the consideration of projects to be funded for construction.

(C)   Upon the approval of financing for any project, the bank must apply to the Department of Transportation to have the project included in the Statewide Transportation Improvement Program, and when approved for inclusion in the Statewide Transportation Improvement Program, the bank must comply with the provisions of Section 57-3-790(B) and Section 57-3-790(D). If not approved for inclusion in the Statewide Transportation Improvement Program, the bank shall use whatever means necessary to independently comply with all state and federal environmental review requirements."

SECTION   8.   Chapter 1, Title 4 of the 1976 Code is amended by adding:

"Section 4-1-180.   A county or municipality expending funds on highway projects within the state highway system, as defined in Section 57-5-10, must apply to the Department of Transportation to have the projects included in the Statewide Transportation Improvement

Section 4-1-190.   When submitting projects to the Department of Transportation pursuant to Section 4-1-180, the county or municipality must certify that:

(1)   prior to approving the expenditure of funds on any highway project to increase highway capacity on, or connecting to, any state road, with an estimated total construction cost in excess of fifty million dollars, including all components or segments of the highway, the county or municipality considered the existing and projected traffic volumes, the effect on congestion relief, safety, and other transportation alternatives; and

(2)   all highway projects approved for funding are consistent with local planning and land use plans."

SECTION   9.   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 Board' means the administrative and governing body of the Department of Transportation Board established pursuant to Section 57-1-310.

(2)   'Department' means the Department of Transportation (DOT).

(3)   'Director Secretary' means the chief administrative officer of the Department of Transportation."

SECTION   10.   Chapter 3, Title 57 of the 1976 Code is amended by adding:

"Section 57-3-765.   Annually, or, due to special circumstances, upon request by the Governor, the Secretary of the Department of Transportation, the Chairman of the Department of Transportation Board, or the Chairman of the Transportation Oversight Committee, the department must issue a report concerning the status of all highway construction projects in the state transportation improvement plan to the Governor, secretary, board, and oversight committee. The report must contain the following information for every project:

(1)   project description;

(2)   total cost estimate;

(3)   funds expended to date;

(4)   project timeline and completion date;

(5)   a statement of whether the project is ahead of, on, or behind schedule; and

(6)   the name of the prime contractor assigned to the project.

A request for the report provided in this section may come from the board or the oversight committee over the objection of the chairman if a majority of the members of the board or the oversight committee vote in favor of making a request. "

SECTION   11.   Section 57-1-30 of the 1976 Code is amended to read:

"Section 57-1-30.   (A)   The department shall have as its functions and purposes the systematic planning, construction, maintenance, and operation of the state highway system and the development of a statewide mass transit system that is consistent with the needs and desires of the public. Construction of highway projects and the implementation of the statewide mass transit system by the department are subject to prior approval of the board.

(B)   The department shall coordinate all state and federal programs relating to highways among all departments, agencies, and other bodies politic and legally constituted agencies of this State and the performance of such other duties and matters as may be delegated to it pursuant to law. The goal of the department is to provide adequate, safe, and efficient transportation services for the movement of people and goods."

SECTION   12.   Section 57-3-40(A) of the 1976 Code is amended to read:

"Section 57-3-40.   (A)   The Division of Mass Transit must develop and coordinate a general mass transit program and policy for the State in order to encourage the efficient development, implementation, operation, evaluation, and monitoring of mass transit systems, both public and private. The board must approve the general mass transit program before it is implemented."

SECTION   13.   Section 57-3-110(1) of the 1976 Code is amended to read:

"Section 57-3-110.   The Department of Transportation shall have the following duties and powers:

(1)   subject to the board's approval pursuant to Section 57-1-360, lay out, build, and maintain public highways and bridges, including the exclusive authority to establish design criteria, construction specifications, and standards required to construct and maintain highways and bridges;"

SECTION   14.   Section 57-3-200 of the 1976 Code is amended to read:

"Section 57-3-200.   From the funds appropriated to the Department of Transportation and from any other sources which may be available to the department and subject to any board approval required by Section 57-1-360, the Department of Transportation may expend such funds as it deems considers necessary to enter into partnership agreements with political subdivisions including authorized transportation authorities, and private entities to finance, by tolls and other financing methods, the cost of acquiring, constructing, equipping, maintaining and operating highways, roads, streets, and bridges in this State. The provisions of this Section section must not be construed to confer upon the Department of Transportation or political subdivisions any power to finance by tolls or other means the acquisition, construction, equipping, maintenance, or operation which the Department of Transportation or political subdivisions does do not possess under other provisions of this code."

SECTION   15.   Section 57-5-1330(1) of the 1976 Code is amended to read:

"Section 57-5-1330.   (1)   The Subject to approval by the board, the department may designate, establish, plan, improve, and construct , maintain, operate, and regulate turnpike facilities as a part of the state highway system or any federal aid system whenever the department determines the traffic conditions, present or future, justify the facilities, except that the department may not designate as a turnpike facility any highway, road, bridge, or other transportation facility funded in whole or in part by a local option sales and use tax as provided in Chapter 37 of Title 4. The department may utilize funds available for the maintenance of the state highway system for the maintenance of any turnpike facility financed pursuant to this article. The department must operate, maintain, and regulate any turnpike facilities constructed pursuant to this section."

SECTION   16.   References in the 1976 Code to the "Commission of the Department of Transportation" or references to "commission" that refer to the administrative and governing body of the Department of Transportation, mean "the Department of Transportation Board" or "board", as appropriate; references to the "Director of the Department of Transportation" or references to "director" that refer to the chief administrative officer of the Department of Transportation, mean the "Secretary of the Department of Transportation" or "secretary", as appropriate; and references to "Department of Transportation

SECTION   17.   The General Assembly finds that the sections presented in this act constitute one subject as required by Article III, Section 17 of the South Carolina Constitution, in particular finding that each change and each topic relates directly to or in conjunction with other sections to the subject of restructuring the Department of Transportation as clearly enumerated in the title.

SECTION   18.   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   19.   (A)   The repeal or amendment by this act of any law, whether temporary or permanent, does not affect pending actions, rights, duties, or liabilities founded on it, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision expressly provides it. 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, 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. Any state agency, board, commission, or council to which are transferred the powers, duties, and functions of any state agency, board, commission, or council relating to the pending proceeding must be substituted as a party in interest.

(B)   Any statute enacted and any rule or regulation made in respect to any state agency, board, commission, or council or function transferred to, or consolidated, coordinated, or combined with any other state agency, board, commission, or council or function under the provisions of this act before the effective date of the transfer,

(C)   No suit, action, or other proceeding lawfully commenced by or against any state agency, board, commission, or council or officer of the State in its or his official capacity or in relation to the discharge of its or his official duties shall abate by reason of the taking effect of this act but the court may allow, on motion or supplemental complaint filed at any time within twelve months after this act takes effect, showing a necessity for a survival of such suit, action, or other proceeding to obtain an adjudication of the questions involved, the same to be maintained by or against the successor of the state agency, board, commission, or council or officer under the act or, if there be no such successor, against such state agency, board, commission, or council or officer as the Governor shall designate.

SECTION   20.   (A)   This act takes effect upon approval by the Governor.

(B)   The Transportation Oversight Committee established pursuant to Section 57-1-385 must meet within ninety days of the effective date of this act to screen and nominate candidates to serve as initial board members.

(1)   The initial at-large board members appointed by the Governor shall serve in an interim capacity pending confirmation by the Senate. If the appointment is made while the Senate is not is session, then the Governor must report the appointment of the initial at-large board members to the Senate and must forward a formal appointment during the 2008 regular session. All interim appointments made pursuant to this section must be transmitted to the Senate pursuant to Section 1-3-215. If the Senate does not advise and consent to an interim appointment of an initial at-large board member by sine die of the 2008 session, the office shall be vacant and the interim appointment shall not serve in hold over status, notwithstanding any other provision of law to the contrary. A subsequent interim appointment of a different person to a vacancy created by a failure of

(2)   Nominees to serve as initial district board members shall be voted on in the manner provided for in this act on a date to be set by the General Assembly.

(C)   No later than thirty days after the final initial board member is appointed or elected, as the case may be, the board must meet and organize. Following the initial board meeting, the board chairman must immediately file with the Secretary of State certification the board has met and organized. The Department of Transportation Commission is abolished effective on the date that the certification required by this subsection is filed with the Secretary of State and the powers, duties, and functions of the commission are devolved upon the board.   /

Renumber sections to conform.

Amend title to conform.

Senator CAMPSEN spoke on the amendment.

At 4:50 P.M., Senator MARTIN assumed the Chair.

Senator McCONNELL explained the amendment.

Senator McCONNELL moved that the amendment be adopted.

The amendment was adopted.

On motion of Senator McCONNELL, debate was interrupted by adjournment.

By prior motion of Senator McCONNELL, the Senate agreed to go into Executive Session.

On motion of Senator McCONNELL, the seal of secrecy was removed and the Senate reconvened.

On motion of Senator HUTTO, with unanimous consent, the Senate stood adjourned out of respect to the memory of Rev. Eddie A. Fogle, Jr. of Cordova, S.C. He was a loving husband and father and served as a former pastor of the Colston Branch Baptist Church in Bamberg County, College Park Baptist Church in Rock Hill and Memorial Baptist Church in St. George.

At 5:23 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

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