Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.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, Genesis, Chapter 11, we read:
"Then they said, 'Come, let us build ourselves a city, with a tower that reaches to the heavens, so that we may make a name for ourselves'..." (Genesis 11:4)
Let us pray:
Holy God, be with the leaders of this State as they strive to build a better South Carolina, doing so in ways that benefit the greatest number of citizens. And in every regard, here in this Senate let us together make certain that the things we do, the things we say, the accomplishments which are achieved are all brought about for the right reasons, and not just because we seek to create "towers" which might enhance our own name. After all, we are striving to honor You most of all, O Lord. May it ever be so. In Your holy name we pray.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
At 12:10 P.M., Senator MALLOY requested a leave of absence until 2:30 P.M. today.
On motion of Senator MOORE, the leave of absence which was granted to him for today was rescinded.
The following were introduced:
S. 587 (Word version) -- Senators Knotts, Alexander, Grooms, Mescher, Ford, Bryant, Vaughn, Leatherman, Campsen, Thomas, Setzler, Land, Elliott, Gregory, Verdin, Ryberg, Lourie, Hutto, Martin, Anderson, Short and
The Senate Resolution was adopted.
S. 588 (Word version) -- Senators McConnell and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-71-1345, 38-71-1355, 38-71-1365, AND 38-71-1445 SO AS TO PROVIDE REQUIREMENTS, POWERS, DUTIES, AND RESTRICTIONS OF A SMALL EMPLOYER HEALTH GROUP COOPERATIVE, AND PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF INSURANCE AND OFFICE OF RESEARCH AND STATISTICS OF THE BUDGET AND CONTROL BOARD SHALL SUBMIT A REPORT TO THE OFFICE OF THE GOVERNOR AND THE GENERAL ASSEMBLY BY JANUARY 1, 2010, ON THE EFFECTIVENESS OF THE HEALTH GROUP COOPERATIVE IN EXPANDING THE AVAILABILITY OF HEALTH INSURANCE COVERAGE FOR SMALL EMPLOYERS; AND BY AMENDING SECTIONS 38-71-1320, 38-71-1330, 38-71-1340, AND 38-71-1350, RELATING TO SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY, SO AS TO PROVIDE THAT SMALL EMPLOYERS MAY FORM A COOPERATIVE FOR THE PURPOSE OF PROVIDING HEALTH INSURANCE TO THEIR EMPLOYEES, PROVIDE FOR THE DEFINITION OF "HEALTH GROUP COOPERATIVE", AND PROVIDE FOR THE GROUP SIZE FOR A HEALTH GROUP COOPERATIVE.
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Read the first time and referred to the Committee on Banking and Insurance.
S. 589 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 38-90-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CAPTIVE INSURANCE COMPANY TAKING CREDIT FOR RESERVES ON RISKS OR PORTIONS OF RISKS CEDED TO REINSURERS COMPLYING WITH THE PROVISIONS OF SECTIONS 38-9-200, 38-9-210, AND 38-9-220, SO AS TO PROVIDE THAT AN INDUSTRIAL INSURED CAPTIVE
Read the first time and referred to the Committee on Banking and Insurance.
S. 590 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 24-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT FOR INMATES, SO AS TO SUBSTITUTE THE TERM "REGIONAL COUNTY OR MUNICIPAL JAIL" FOR THE TERM "COUNTY JAIL", AND TO INCLUDE FACILITY MANAGERS OF THE COUNTY, MUNICIPAL ADMINISTRATORS, OR THEIR EQUIVALENT AS PERSONS WHO THE STATE MUST CONSENT TO HOUSE AS AN INMATE IN A LOCAL GOVERNMENTAL FACILITY; TO AMEND SECTION 24-3-27, RELATING TO THE ESTABLISHMENT OF LOCAL REGIONAL CORRECTIONAL FACILITIES, SO AS TO PROVIDE THAT THE DECISION TO ASSIGN WORK OR DISQUALIFY A PERSON FROM WORK IN A FACILITY IS IN THE SOLE DISCRETION OF THE OFFICIAL IN CHARGE OF THE FACILITY AND MAY NOT BE CHALLENGED; TO AMEND SECTION 24-3-30, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT, SO AS TO REVISE THE LIST OF PERSONS FROM WHICH THE STATE MUST OBTAIN CONSENT BEFORE AN INMATE MAY BE PLACED IN A FACILITY MAINTAINED BY A LOCAL GOVERNMENTAL ENTITY; TO AMEND SECTION 24-3-40, RELATING TO THE DISPOSITION OF A PRISONER'S WAGES, SO AS TO PROVIDE THAT THE PROVISIONS THAT APPLY FOR THE DISPOSITION OF WAGES OF PRISONERS HOUSED IN STATE FACILITIES APPLY TO PRISONERS BASED IN LOCAL FACILITIES UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 24-3-50, RELATING TO THE PENALTY FOR A PRISONER WHO FAILS TO REMAIN WITHIN THE EXTENDED LIMITS OF HIS CONFINEMENT, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO A PRISONER CONFINED IN A LOCAL FACILITY, AND TO MAKE
Read the first time and referred to the Committee on Corrections and Penology.
S. 591 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-1175 SO AS TO PROVIDE THAT WITHDRAWAL OF FUNDS AT ANY AGE FROM AN INDIVIDUAL RETIREMENT ACCOUNT (IRA), A 401-K ACCOUNT, OR OTHER QUALIFIED TAX-DEFERRED PLAN BY A RESIDENT OF THIS STATE IS FREE OF ALL STATE OF SOUTH CAROLINA INCOME TAX OR PENALTIES FOR EARLY WITHDRAWAL IF ALL OF THE FUNDS ARE CONTRIBUTED TO A CHARITABLE, EDUCATIONAL, RELIGIOUS, OR ELEEMOSYNARY ORGANIZATION WITHIN SIXTY DAYS OF WITHDRAWAL.
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Read the first time and referred to the Committee on Finance.
S. 592 (Word version) -- Senators Setzler and Knotts: A CONCURRENT RESOLUTION TO RECOGNIZE THE RAISING OF THE ELLISOR HILL MONUMENT COMMEMORATING THE FORMER ELLISOR HILL COMMUNITY OF CAYCE, AND TO EXPRESS THE GRATITUDE OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE MEMBERS OF THE ELLISOR HILL REUNION FOR THUS ADDING TO THE BEAUTY OF THE AREA AND RECORDING AN IMPORTANT PART OF ITS HISTORY.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 593 (Word version) -- Senator Matthews: A SENATE RESOLUTION TO HONOR AND RECOGNIZE SALLIE GALLISHAW KENNEDY OF ORANGEBURG COUNTY FOR HER OUTSTANDING CONTRIBUTIONS TO HER FAITH, FAMILY, AND COMMUNITY AND TO WISH HER ALL THE BEST IN THE COMING YEARS.
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The Senate Resolution was adopted.
S. 594 (Word version) -- Senators Ryberg and Moore: A CONCURRENT RESOLUTION DESIGNATING THE THIRD WEEK IN APRIL 2007, AS "SHAKEN BABY SYNDROME AWARENESS WEEK", RAISING AWARENESS REGARDING SHAKEN BABY SYNDROME, AND COMMENDING THE HOSPITALS, CHILD
On motion of Senator RYBERG, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.
S. 595 (Word version) -- Senator Patterson: A SENATE RESOLUTION TO RECOGNIZE AND HONOR HARRY R. RILEY, NATIVE OF CALHOUN COUNTY, ON THE HAPPY OCCASION OF HIS ONE HUNDREDTH BIRTHDAY AND TO WISH HIM ALL THE BEST IN THE COMING YEARS.
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The Senate Resolution was adopted.
S. 596 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-444 SO AS TO PROVIDE THAT EACH SCHOOL SHALL PROVIDE FOR AT LEAST TWENTY MINUTES OF MANDATORY RECESS DURING THE SCHOOL DAY FOR STUDENTS IN KINDERGARTEN THROUGH FIFTH GRADE WITH THE CHILD CHOOSING THE ACTIVITY TO PARTICIPATE IN DURING THAT PERIOD.
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Read the first time and referred to the Committee on Education.
S. 597 (Word version) -- Senators Campsen, Hutto, Bryant, Verdin and Grooms: A BILL TO AMEND SECTION 50-9-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR YOUTH HUNTING DAYS, SO AS TO PROVIDE THAT A PERSON WHO IS LESS THAN EIGHTEEN YEARS OF AGE MAY BE A YOUTH HUNTER.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 598 (Word version) -- Senators Campsen, McConnell, Moore, Fair, Grooms, Ritchie, Verdin, Malloy and Bryant: A BILL TO AMEND CHAPTER 12, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CABLE TELEVISION, BY ADDING ARTICLE 4
Read the first time and referred to the Committee on Judiciary.
S. 599 (Word version) -- Senator Malloy: A BILL TO AMEND SECTION 40-47-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE LICENSURE AND REGULATION OF PHYSICIANS, SO AS TO REVISE THE DEFINITION OF THE "PRACTICE OF MEDICINE", TO DELETE PROVISIONS RELATING TO AN OUT-OF-STATE PHYSICIAN RENDERING A MEDICAL OPINION CONCERNING THE DIAGNOSIS OR TREATMENT OF A PATIENT OR RENDERING ACTUAL TREATMENT OF A PATIENT IN THIS STATE BY TRANSMISSION OF PATIENT DATA TO THE OUT-OF-STATE PHYSICIAN AND TO DELETE PROVISIONS RELATING TO RENDERING A DETERMINATION OF MEDICAL NECESSITY OR A DECISION AFFECTING THE DIAGNOSIS OR TREATMENT OF A PATIENT AND TO CLARIFY CIRCUMSTANCES UNDER WHICH USING CERTAIN PROFESSIONAL TITLES IS ENGAGING IN THE PRACTICE OF MEDICINE.
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Read the first time and referred to the Committee on Medical Affairs.
S. 600 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 56-3-1960, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS AND THE ISSUANCE AND DISPLAY OF HANDICAPPED PARKING PLACARDS, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL ISSUE AN IDENTIFICATION CARD TO A PERSON WHO IS ISSUED A PLACARD PURSUANT TO THIS SECTION.
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Read the first time and referred to the Committee on Transportation.
H. 3285 (Word version) -- Reps. Scarborough, Limehouse, Harrell and Stavrinakis: A BILL TO AMEND SECTION 59-40-190, AS AMENDED, CODE
Read the first time and referred to the Committee on Education.
H. 3620 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2007; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR; TO AMEND SECTION 12-6-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RATES AND INCOME BRACKETS APPLICABLE FOR INDIVIDUALS, ESTATES, AND TRUSTS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO REDUCE THE TOP MARGINAL TAX RATE FROM SEVEN PERCENT TO 6.83 PERCENT AND TO UPDATE THE BRACKETS TO REFLECT PAST INFLATION ADJUSTMENTS; TO RETITLE ARTICLE 5, CHAPTER 11, TITLE 1, 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
Senator MARTIN spoke on the Bill.
Senator MARTIN moved that it be the Sense of the Senate that members of the Senate reaffirm their commitment to the consideration and adoption of a General Appropriation Bill that does not include Part II permanent law changes.
The motion was adopted.
Senator MOORE desired to be recorded as voting against the Sense of the Senate Motion.
Read the first time and referred to the Committee on Finance.
H. 3621 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2006-2007.
Read the first time and referred to the Committee on Finance.
H. 3696 (Word version) -- Reps. Barfield and Leach: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO AMEND THE CONSTITUTION OF THE UNITED STATES, PURSUANT TO ARTICLE V OF THE CONSTITUTION
The Concurrent Resolution was introduced and referred to the Committee on Judiciary.
H. 3735 (Word version) -- Reps. Kirsh, Simrill, Gullick, Delleney, Moss, Mulvaney and Moody-Lawrence: A CONCURRENT RESOLUTION TO RECOGNIZE YORK COUNTY AS A VITAL PART OF THE STATE, AND TO DECLARE MARCH 27, 2007, "YORK COUNTY DAY" IN SOUTH CAROLINA.
The Concurrent Resolution was introduced and referred to the Committee on Invitations.
Senator COURSON from the Committee on Education submitted a majority favorable with amendment and Senator SHORT a minority unfavorable report on:
S. 323 (Word version) -- Senators Setzler and Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-87 SO AS TO PROVIDE THAT CERTAIN SPEECH-LANGUAGE PATHOLOGISTS WHO HAVE RECEIVED NATIONAL CERTIFICATION FROM THE AMERICAN SPEECH-LANGUAGE-HEARING ASSOCIATION AND WHO ARE EMPLOYED IN A SOUTH CAROLINA PUBLIC SCHOOL DISTRICT SHALL RECEIVE A YEARLY INCENTIVE FOR THE LIFE OF THE CERTIFICATION, AND TO PROVIDE THAT THESE INCENTIVES MUST BE PAID FROM FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY FOR THIS PURPOSE.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Education submitted a favorable with amendment report on:
S. 324 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 59-26-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS CERTIFICATION, SO AS TO PROVIDE THAT TEACHERS WHO ARE CERTIFIED BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS (NBPTS), BUT NOT YET CERTIFIED BY THE STATE, SHALL RECEIVE AN INCREASE IN PAY EQUAL TO TWO-THIRDS OF
Ordered for consideration tomorrow.
Senator ALEXANDER from the General Committee submitted a favorable with amendment report on:
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 REINSTATE THE TERMINOLOGY OF "PRISONER OF WAR" OR "POW" INTO THE CASUALTY STATUS AND CATEGORY CLASSIFICATION OF MILITARY PERSONNEL.
Ordered for consideration tomorrow.
Senator KNOTTS from the Committee on Invitations polled out S. 532 favorable:
S. 532 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 14, 2007, AND FRIDAY, JUNE 15, 2007.
AYES
Knotts Alexander Patterson O'Dell McGill Reese Elliott Ford Verdin Campsen Cromer
Ordered for consideration tomorrow.
The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:
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 ALLOW THE CREDIT AGAINST ANY INCOME TAX IMPOSED PURSUANT TO THE SOUTH CAROLINA INCOME TAX ACT.
S. 334 (Word version) -- Senators Leventis, Hayes, Knotts, Drummond, Anderson and Ford: A BILL TO ADD SECTION 41-35-126, AND TO AMEND SECTION 41-35-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF BENEFITS TO 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.
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.
S. 518 (Word version) -- Medical Affairs Committee: A BILL TO AMEND THE CODE OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-37-50 SO AS TO PROVIDE THAT A HOSPITAL MUST MAKE AVAILABLE TO THE PARENTS OF A NEWBORN BABY A VIDEO PRESENTATION ON THE DANGERS OF SHAKING
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator HUTTO proposed the following amendment (NBD\11413AC07), which was adopted:
Amend the bill, as and if amended, by deleting Section 44-37-50(A) and inserting:
/(A) Every hospital in this State must make available to the parents of each newborn baby delivered in the hospital a video presentation on the dangers associated with shaking infants and young children and the importance of parents and caregivers learning infant CPR. The hospital must request that the maternity patient, the father, or the primary caregiver view the video. Those persons whom the hospital requested to view the video shall sign a document prescribed by the Department of Health and Environmental Control stating that they have been offered an opportunity to view the video./
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator RITCHIE proposed the following amendment (518R001.JHR), which was adopted:
Amend the bill, as and if amended, page 3, by striking lines 1 - 10 and inserting:
/ these dangers with the parent or primary caregiver, who are present, of infants and young children up to the age of one at each well-baby visit.
(E) The Department of Social Services must make available to all adopting parents a video presentation on the dangers associated with shaking infants and young children. The department must request that the adopting parents view the video. The adopting parents must sign a document prescribed by the department stating that they have been offered an opportunity to view the video.
(F) Nothing contained in this section may be construed to create any civil, criminal, or administrative cause of action or other liability against a heath care facility or health care provider for any good faith acts or omissions relating to compliance with this section."
SECTION 2. This act takes effect January 1, 2008. /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 358 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO REAFFIRM THE GENERAL ASSEMBLY'S COMMITMENT TO OPEN GOVERNMENT IN SOUTH CAROLINA; TO RECOGNIZE THE ROLE PLAYED BY THE FREEDOM OF INFORMATION ACT IN OPEN GOVERNMENT AND TO EXPRESS APPRECIATION TO THE SOUTH CAROLINA PRESS ASSOCIATION FOR ITS ROLE IN PROMOTING OPEN GOVERNMENT; TO DECLARE MARCH 11, 2007, AS "SUNSHINE SUNDAY" AND MARCH 11-17, 2007, AS "OPEN
Returned with concurrence.
Received as information.
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.
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 COURSON proposed the following Amendment No. P-6 (355R016.JEC):
Amend the committee amendment, as and if amended, page [355-3], line 34, by striking all after the enacting words and inserting:
/ 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 and the Department of Transportation, 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."
SECTION 2. Chapter 1, Title 57 of the 1976 Code is amended by striking Article 3 in its entirety:
COMMISSION OF THE DEPARTMENT OF TRANSPORTATION
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
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 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.
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 3. 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 4. 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 1) 'Department' means the Department of Transportation (DOT).
(3 2) 'Director Secretary' means the chief administrative officer of the Department of Transportation."
SECTION 5. Immediately upon confirmation of the Secretary of Transportation by the Senate, the Commission of the Department of Transportation and the office of the Director of the Department of Transportation are abolished, and their powers, duties, and functions are devolved upon the Secretary of Transportation.
SECTION 6. 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 "Secretary of the Department of Transportation" or "secretary", 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". The Code Commissioner shall change references in the 1976 Code to conform with this act, and such changes must be included in the next printing of replacement volumes or cumulative supplements.
SECTION 7. 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 Department of Transportation restructuring as clearly enumerated in the title.
SECTION 8. 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 9. (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
(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, consolidation, coordination, or combination, except to the extent repealed, modified, superseded, or made inapplicable by or under the authority of law, shall have the same effect as if the transfer, consolidation, coordination, or combination had not been made. But when any such statute, rule, or regulation has vested functions in the state agency, board, commission, or council from which the transfer is made under the act, the functions, insofar as they are to be exercised after the transfer, must be considered as vested in the state agency, board, commission, or council to which the transfer is made under the act.
(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 10. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator COURSON explained the amendment.
Senator HUTTO moved to carry over the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Drummond Ford Hawkins Hutto Matthews Short
Alexander Bryant Campsen Cleary Courson Cromer Fair Grooms Hayes Jackson Knotts Leatherman Leventis Lourie Malloy Martin McConnell McGill Mescher Moore O'Dell Patterson Peeler Ritchie Ryberg Scott Setzler Sheheen Thomas Vaughn Verdin Williams
The Senate refused to carry over the amendment. The question then was the adoption of the amendment.
Senator McCONNELL spoke on the amendment.
On motion of Senator MARTIN, debate was interrupted by adjournment.
At 1:37 P.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 11:30 A.M. on Thursday, March 22, 2007.
There was no objection and a message was sent to the House accordingly.
On motion of Senators CLEARY and McGILL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Emily W. Walters of Garden City, S.C.
At 1:38 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.
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