Wednesday, March 21, 2007
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 Apostle Paul's deservedly well-known chapter about "love," we read:
"When I was a child, I talked like a child, I thought like a child, I reasoned like a child." (I Corinthians 13:11a)
Please join me as we bow in prayer:
It truly becomes challenging, O Lord, to serve You in the manner You desire. It is tempting to fall back upon childish excuses at times, to make shortcuts the order of the day, to handle matters in a slipshod fashion just to get them out of the way. Rather, dear God, lead each Senator and every staff member as they address all of the issues and face squarely each of the challenges which come to this august body, doing so in the most responsible ways imaginable.
In addition, dear God, today we also find ourselves praying for Senator THOMAS and his family on the occasion of his father's death. Bless and strengthen the Senator and his loved ones during this time of grief. May they all feel the power of Your compassionate care. In Your loving name we pray, O Lord.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator McCONNELL introduced Dr. Erick J. Larson of Mt. Pleasant, S.C., Doctor of the Day.
On motion of Senator GROOMS, at 2:05 P.M., Senator VERDIN was granted a leave of absence for today.
On motion of Senator ALEXANDER, at 2:05 P.M., Senator THOMAS was granted a leave of absence for today, through Friday, due to the death of his father.
At 3:45 P.M., Senator FORD requested a leave of absence beginning at 6:30 P.M. this evening and lasting until 11:00 A.M. in the morning.
S. 492 (Word version) -- Senators Sheheen, Hutto, Verdin and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "ANN S. PERDUE HEART PATIENT SAFETY ACT" SO AS TO ADD SECTION 44-7-285 TO PROVIDE THAT A HOSPITAL PROVIDING THERAPEUTIC HEART CATHETERIZATIONS MUST HAVE A CARDIOLOGIST ON SITE AT ALL TIMES; TO ADD SECTION 44-7-295 SO AS TO PROVIDE THAT A HOSPITAL PROVIDING THERAPEUTIC HEART CATHETERIZATIONS MAY ONLY DIRECTLY EMPLOY NURSING PERSONNEL AND THAT BY JANUARY 1, 2009, THESE HOSPITALS MAY NOT EMPLOY CONTRACT NURSING PERSONNEL; TO ADD SECTION 44-7-730 SO AS TO PROVIDE THAT IF A PERSON DIES IN A HOSPITAL, THE HOSPITAL MUST OFFER IN WRITING TO THE PATIENT'S FAMILY THE RIGHT TO HAVE AN AUTOPSY PERFORMED AND IF THE FAMILY ELECTS TO HAVE THE AUTOPSY PERFORMED, IT MUST BE PERFORMED BY A PATHOLOGIST WHO IS NOT AFFILIATED WITH THE HOSPITAL; AND TO AMEND SECTION 17-5-530, RELATING TO CIRCUMSTANCES REQUIRING THE CORONER OR MEDICAL EXAMINER TO BE NOTIFIED OF CERTAIN DEATHS, SO AS TO REQUIRE SUCH NOTIFICATION WHEN A PERSON DIES IN A HEALTH CARE FACILITY WITHIN TWENTY FOUR HOURS OF HAVING AN INVASIVE PROCEDURE PERFORMED.
On motion of Senator ANDERSON, with unanimous consent, the name of Senator ANDERSON was removed as a co-sponsor of S. 492.
S. 431 (Word version) -- Senators McConnell, Moore, Drummond, Setzler, Matthews, Thomas, O'Dell, Gregory, Jackson, Mescher, Rankin, Alexander, Anderson, Grooms, Scott, Williams, Cromer, Vaughn,
On motion of Senator CLEARY, with unanimous consent, the names of Senators CLEARY and PATTERSON were added as co-sponsors of S. 431.
The following were introduced:
S. 601 (Word version) -- Senator Scott: A SENATE RESOLUTION CONGRATULATING THE R. H. ROLLINGS SCHOOL FOR THE ARTS IN SUMMERVILLE, DORCHESTER SCHOOL DISTRICT TWO, ON BEING NAMED ONE OF FOUR SCHOOLS IN SOUTH CAROLINA TO RECEIVE THE COVETED CAROLINA FIRST PALMETTO'S FINEST AWARD AND WISHING THEM MUCH CONTINUED SUCCESS.
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The Senate Resolution was adopted.
S. 602 (Word version) -- Senators McConnell, Setzler and Knotts: A SENATE RESOLUTION TO RECOGNIZE, COMMEND, AND EXPRESS THE APPRECIATION OF THE MEMBERS OF THE SENATE TO SUSAN ELIZABETH HUSMAN FOR HER YEARS OF DEDICATED AND DISTINGUISHED SERVICE TO THE STATE OF SOUTH CAROLINA UPON HER RETIREMENT FROM STATE SERVICE AS LIBRARIAN WITH THE SOUTH CAROLINA ATTORNEY GENERAL'S OFFICE AND TO WISH HER A REWARDING AND BENEFICIAL RETIREMENT AND MUCH SUCCESS IN HER FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 603 (Word version) -- Senators Grooms, Pinckney and Matthews: A BILL TO AMEND ACT 117 OF 1961, AS AMENDED, RELATING TO THE COMPENSATION OF MEMBERS OF THE COLLETON COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE ANNUAL SALARY AND PER-MEETING EXPENSE ALLOWANCE MUST BE DETERMINED BY THE BOARD.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
S. 604 (Word version) -- Senators Campsen, Grooms, Ryberg and Bryant: A BILL TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT OF 2007" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 1-30-125 SO AS TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN
Read the first time and referred to the Committee on Judiciary.
S. 605 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 56-3-1240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPLAY OF A MOTOR VEHICLE LICENSE PLATE, SO AS TO PROVIDE THAT IF A MOTORCYCLE IS EQUIPPED WITH VERTICALLY MOUNTED LICENSE PLATE BRACKETS, ITS LICENSE PLATE MUST BE MOUNTED VERTICALLY WITH ITS TOP FASTENED ALONG ITS RIGHT VERTICAL EDGE.
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Read the first time and referred to the Committee on Transportation.
S. 606 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION HONORING THE RECIPIENTS OF THE MEDAL OF HONOR AND ENCOURAGING THE CONGRESSIONAL MEDAL OF HONOR SOCIETY TO HOLD ITS ANNUAL CONVENTION IN CHARLESTON IN 2009.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 607 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A CONCURRENT RESOLUTION TO RECOGNIZE YORK COUNTY
The Concurrent Resolution was adopted, ordered sent to the House.
H. 3323 (Word version) -- Reps. Harrison and Cotty: A BILL TO AMEND SECTION 56-19-265, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES' ACCEPTANCE OF ELECTRONICALLY FILED LIEN INFORMATION FOR NEWLY ACQUIRED VEHICLES, VEHICLES ALREADY TITLED, AND LIEN RELEASES, AND THE COLLECTION OF A TRANSACTION FEE FOR THE TRANSMISSION OR RETRIEVAL OF DATA FROM THE DEPARTMENT PURSUANT TO THIS SECTION, SO AS TO PROVIDE THAT IF THERE ARE ONE OR MORE LIENS OR ENCUMBRANCES ON A MOTOR VEHICLE OR MOBILE HOME, THE DEPARTMENT MAY ELECTRONICALLY TRANSMIT THE LIEN TO THE FIRST LIENHOLDER AND NOTIFY THE FIRST LIENHOLDER OF ANY ADDITIONAL LIENS, AND LIEN SATISFACTIONS, TO PROVIDE WHEN ELECTRONIC TRANSMISSION OF LIENS AND LIEN SATISFACTIONS IS USED, A CERTIFICATE OF TITLE MAY BE ISSUED WHEN THE LAST LIEN IS SATISFIED AND A CLEAR CERTIFICATE IS ISSUED, TO PROVIDE THAT WHEN A MOTOR VEHICLE OR MOBILE HOME IS SUBJECT TO AN ELECTRONIC LIEN, ITS CERTIFICATE OF TITLE IS PHYSICALLY HELD BY THE LIENHOLDER, TO PROVIDE THAT A CERTIFIED COPY OF AN ELECTRONIC RECORD OF A LIEN IS ADMISSIBLE IN COURT AS EVIDENCE OF THE EXISTENCE OF A LIEN, AND TO PROVIDE THAT A TRANSACTION FEE MAY BE COLLECTED BY COMMERCIAL PARTIES AND LENDERS WHO TRANSMIT OR RETRIEVE DATA PURSUANT TO THIS SECTION.
Read the first time and referred to the Committee on Transportation.
H. 3476 (Word version) -- Reps. Walker, Harrell, Cato, Barfield, Battle, Jennings, Kennedy, Miller and Mulvaney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 25, TITLE 59, TO ENACT THE "TEACHER RECRUITMENT AND RETENTION IMPROVEMENT ACT" SO AS TO PROVIDE THAT A SCHOOL DISTRICT MAY HIRE INDIVIDUALS WHO ARE CERTIFIED BY THE AMERICAN
Read the first time and referred to the Committee on Education.
H. 3628 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO AT-RISK STUDENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3089, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3694 (Word version) -- Reps. White, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, Whitmire, Williams, Witherspoon and Young: A JOINT RESOLUTION TO NAME THE NEW SOUTH CAROLINA VETERANS CEMETERY IN ANDERSON COUNTY THE M. J. "DOLLY" COOPER VETERANS CEMETERY.
Read the first time and referred to the General Committee.
H. 3699 (Word version) -- Reps. Rice, Govan, Huggins, Kirsh, Young, Viers and Thompson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-240 SO AS TO ESTABLISH A MORATORIUM ON THE PLACEMENT OF NEW MONUMENTS ON THE STATE HOUSE GROUNDS AND IN THE STATE HOUSE, EXCEPT FOR THE SENATE CHAMBER AND
Read the first time and referred to the General Committee.
H. 3736 (Word version) -- Reps. Jennings, Harrell and Neilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF MOTOR VEHICLES TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH NATIONALLY-SPONSORED NASCAR RACING EVENTS HELD IN THIS STATE IN 2007.
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 3758 (Word version) -- Reps. J. R. Smith, Clyburn, Hosey, Perry, D. C. Smith, Spires, Stewart, 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, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers,
The Concurrent Resolution was adopted, ordered returned to the House.
Senator MOORE from the Committee on Judiciary submitted a favorable with amendment report on:
S. 332 (Word version) -- Senators Martin, Ritchie and Vaughn: A BILL TO AMEND SECTION 38-55-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO CLARIFY THAT "FALSE STATEMENT AND MISREPRESENTATION" INCLUDES A FALSE BUSINESS ACTIVITY REPORT, MISCOUNT OR MISCLASSIFICATION BY AN EMPLOYER OR EMPLOYEE, OR A FALSE CLAIM MADE BY AN EMPLOYEE TO OBTAIN AN ECONOMIC BENEFIT; TO AMEND SECTION 38-55-540, RELATING TO PENALTIES FOR A FALSE STATEMENT AND MISREPRESENTATION, SO AS TO INCREASE PENALTIES AND CREATE ADDITIONAL CATEGORIES; TO AMEND SECTION 38-55-560 BY ADDING SUBPARAGRAPH (E) AUTHORIZING THE ATTORNEY GENERAL TO HIRE A FORENSIC ACCOUNTANT TO BE ASSIGNED TO THE INSURANCE FRAUD DIVISION; TO AMEND SECTION 42-1-160, WHICH DEFINES "INJURY" AND "PERSONAL INJURY", SO AS TO ESTABLISH THE EMPLOYEE'S BURDEN OF PROOF AND FURTHER EXCLUDE CERTAIN CONDITIONS FROM "PERSONAL INJURY" AND EXCLUDE CERTAIN EVENTS FROM "ACCIDENT"; TO ADD SECTION 42-1-172, RELATING TO A REPETITIVE TRAUMA INJURY, SO AS TO ESTABLISH WHEN A REPETITIVE TRAUMA INJURY MAY BE COMPENSABLE; TO AMEND SECTION 42-1-375 SO AS TO EXEMPT AN
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable report on:
S. 449 (Word version) -- Senators Martin, Verdin, Sheheen, Leventis and Bryant: A BILL TO AMEND CHAPTER 1, TITLE 56 OF THE 1976 CODE, BY ADDING SECTION 56-1-85, TO PROVIDE THAT THE STATE WILL NOT PARTICIPATE IN THE IMPLEMENTATION OF THE REAL ID ACT UNTIL THE FEDERAL GOVERNMENT MAKES CERTAIN MODIFICATIONS.
Ordered for consideration tomorrow.
Senator THOMAS from the Committee on Banking and Insurance submitted a favorable report on:
S. 499 (Word version) -- Senators Rankin, Elliott, Thomas, McConnell, Cleary, Grooms, Verdin, Campsen and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 90, TITLE 38 SO AS TO ENACT THE "SOUTH CAROLINA COASTAL CAPTIVE INSURANCE ACT OF 2007", TO PROVIDE FOR THE MANNER IN WHICH A SOUTH CAROLINA COASTAL CAPTIVE INSURANCE COMPANY MAY BE FORMED, LICENSED, AND REGULATED, TO DEFINE AND TO LIMIT THE TYPES OF RISK A SOUTH CAROLINA COASTAL CAPTIVE INSURANCE COMPANY MAY UNDERWRITE, TO ESTABLISH MINIMUM CAPITALIZATION REQUIREMENTS FOR SOUTH CAROLINA COASTAL CAPTIVE INSURANCE COMPANIES, AND TO PERMIT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO SET ADDITIONAL DISCRETIONARY CAPITALIZATION REQUIREMENTS NECESSARY TO PROTECT THE PUBLIC, AND TO PROVIDE FOR CERTAIN REQUIRED DISCLOSURES TO CONSUMERS IN ALL APPLICATIONS FOR INSURANCE AND POLICIES.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable report on:
S. 585 (Word version) -- Senator Ryberg: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF COMMERCE, DIVISION OF PUBLIC RAILWAYS, TO IMPLEMENT AND OVERSEE A STATEWIDE RAIL PLAN, ON OR BEFORE MARCH 31, 2008, IN ACCORDANCE WITH EXISTING FEDERAL STATUTES, RULES, AND GUIDELINES.
Ordered for consideration tomorrow.
Columbia, S.C., March 20, 2007
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
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
Received as information.
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
On motion of Senator COURSON, the Senate insisted upon its amendments to H. 3097 and asked for a Committee of Conference.
Whereupon, Senators HAYES, SHORT and FAIR were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., March 20, 2007
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3226 (Word version) -- Reps. Clemmons, Mulvaney, Moss, Bedingfield and Lowe: A BILL TO AMEND SECTION 8-13-740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPRESENTATION OF A PERSON BY A PUBLIC OFFICIAL BEFORE A GOVERNMENTAL BODY, SO AS TO REQUIRE A STATE, COUNTY, AND MUNICIPAL PUBLIC OFFICIAL INVOLVED IN A CONFLICT OF INTEREST TO COMPLY WITH RECUSAL REQUIREMENTS, TO ALLOW A PUBLIC OFFICIAL TO REMAIN IN OFFICE IF THE RECUSAL REQUIREMENTS ARE MET, AND TO PROHIBIT A GOVERNMENTAL BODY FROM REMOVING OR DISALLOWING A PERSON TO SERVE IN OFFICE OR EMPLOYMENT BASED ON RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, FAMILIAL STATUS, DISABILITY, OR LEGAL OCCUPATION.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 494 (Word version) -- Senator Pinckney: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF HIGHWAY 64 FROM THE INTERSECTION OF HIGHWAYS 64 AND 17 TO THE INTERSECTION OF HIGHWAYS 64 AND 17A, FROM JACKSONBORO TO WALTERBORO, IN HONOR OF ANNIE MAE KINSEY AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE INTERSECTION CONTAINING THE WORDS "ANNIE MAE KINSEY HIGHWAY".
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
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 INFANTS AND MUST REQUEST THAT THE MATERNITY PATIENT, FATHER, OR PRIMARY CAREGIVER VIEW THE VIDEO, TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL REVIEW ALL SUBMITTED VIDEOS AND SHALL APPROVE ACCEPTABLE VIDEOS, TO PROVIDE THAT THE VIDEO PRESENTATION MUST BE MADE AVAILABLE TO
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator RITCHIE 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, Amendment No. 1 was taken up for immediate consideration.
Senator RITCHIE proposed the following amendment (518R002.JHR), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 3, by striking lines 5 through 10 and inserting:
/ (E) The Department of Social Services, Adoption Services must make available to all adopting parents a video presentation, approved by the Department of Health and Environmental Control, on the dangers associated with shaking infants and young children and the importance of parents and caregivers learning infant CPR. 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.
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 third time, passed and ordered sent to the House of Representatives with amendments.
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.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator ALEXANDER proposed the following amendment (579R001.TCA), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 1, by striking lines 27 through 33 and inserting:
/ SECTION 1. In compliance with the results of the advisory referendum authorized by Act 429 of 2006, the elected position of Superintendent of Education of Oconee County is abolished as of July 1, 2009, and all the powers and duties of the elected superintendent are devolved upon the Board of Trustees of the School District of Oconee County. If a vacancy occurs in the elected office of superintendent of education before July 1, 2009, the office is abolished as of the date the vacancy occurs. /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.
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.
The Concurrent Resolution was adopted, ordered sent to the House.
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 CARE COUNCILS, SCHOOLS, AND OTHER ORGANIZATIONS THAT EDUCATE PARENTS AND CAREGIVERS ON HOW TO PROTECT CHILDREN FROM ABUSE.
The Concurrent Resolution was adopted, ordered sent to the House.
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 THE AMOUNT PROVIDED FOR STATE-CERTIFIED TEACHERS WHO ALSO ARE NBPTS CERTIFIED.
On motion of Senator HAYES, with unanimous consent, the Bill was carried over.
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.
On motion of Senator RITCHIE, with unanimous consent, the Resolution was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator RITCHIE, 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 Amendment No. P-6 (355R016.JEC) proposed by Senator COURSON and previously printed in the Journal of Tuesday, March 20, 2007.
Senator MESCHER argued contra to the adoption of the amendment.
At 2:50 P.M., Senator MARTIN assumed the Chair.
Senator MESCHER argued contra to the adoption of the amendment.
At 2:55 P.M., the PRESIDENT assumed the Chair.
Senator MESCHER argued contra to the adoption of the amendment.
At 3:13 P.M., Senator MARTIN assumed the Chair.
Senator MESCHER resumed arguing contra to the adoption of the amendment.
Senator RYBERG argued in favor of the adoption of the amendment.
Senator COURSON asked unanimous consent to make a motion to substitute Amendment P-6A for Amendment P-6.
There was no objection.
Senator COURSON proposed the following Amendment No. P-6A (355R032.JEC), which was tabled:
Amend the committee amendment, as and if amended, by striking the amendment beginning on page [355-4], line 23, 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 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
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. Article 3, Title 57 of the 1976 Code is amended by adding:
"Section 57-1-115. (A) The department must establish a priority list of projects that it shall undertake. When compiling this list of projects, the department must consider at least the following criteria:
(1) financial viability, including a life cycle analysis of estimated maintenance and repair costs over the expected life of the project;
(2) public safety;
(3) potential for economic development;
(4) traffic volume;
(5) truck traffic;
(6) the pavement quality index;
(7) alternative transportation solutions;
(8) consistency with local land use plans; and
(9) environmental impact.
(B) The department must conduct a public hearing in each county in which a public hearing is required by federal regulations to allow the department to share information regarding the project with the local community and to allow the local community to address its concerns with department officials. The hearing must include the opportunity for members of the public to address a hearing officer.
SECTION 6. 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 7. 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 8. 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 9. 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
SECTION 10. (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, 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
SECTION 11. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator COURSON explained the amendment.
Senator McCONNELL moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Drummond Elliott Ford Hawkins Hutto Jackson Knotts Land Leatherman Lourie Malloy Matthews McConnell McGill Mescher O'Dell Patterson Pinckney Rankin Reese Scott Sheheen Short Williams
Bryant Campsen Courson Cromer Fair Grooms Hayes Martin Peeler Ritchie Ryberg Setzler Vaughn
The amendment was laid on the table.
Senators McCONNELL, RYBERG, KNOTTS and VERDIN proposed the following Amendment No. P-7A (JUD0355.003), which was adopted:
Amend the committee report, as and if amended, page [355-20], by striking lines 41-43, in Section 57-3-790(B), as contained in SECTION 6, and inserting therein the following:
/dollars, whether the project is to be financed by the department, a county transportation committee, local government, or a public-private/
Amend the committee report further, as and if amended, page [355-21], by striking lines 29-32, in Section 57-3-790(E), as contained in SECTION 6, and inserting therein the following:
/ rank projects pursuant to Section 57-1-360. /
Amend the committee report further, as and if amended, page [355-22], beginning on line 1, by striking SECTION 7 in its entirety.
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
At 4:20 P.M., Senator KNOTTS made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator KNOTTS moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Hutto
Alexander Anderson Bryant Campsen Cleary Courson Cromer Drummond Elliott
Fair Grooms Hawkins Hayes Jackson Knotts Land Leatherman Lourie Malloy Martin Matthews McConnell McGill Mescher O'Dell Patterson Peeler Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Vaughn Williams
The Senate refused to adjourn.
Senator CAMPSEN proposed the following Amendment No. P-13 (355R026.GEC), which was adopted:
Amend the committee amendment, as and if amended, page [355-28] by striking line 14 and inserting:
/ commission are devolved upon the board.
(D) Notwithstanding any other provision of law, an election of a commissioner held prior to the date that the Transportation Commission is abolished must be conducted in a public meeting that complies with the provisions of the Freedom of Information Act and following notice to all members of the transportation district's delegation. All votes must be recorded and no votes may be pledged to any candidate by a member of the delegation before the meeting held pursuant to this subsection. /
Senator CAMPSEN explained the amendment.
Senator CAMPSEN asked unanimous consent to make a motion to perfect the amendment.
Senator KNOTTS objected.
Senator CAMPSEN explained the amendment.
The amendment was adopted.
Senator FORD desired to be recorded as voting against the adoption of the amendment.
Senator SHEHEEN asked unanimous consent to take Amendment No. P-18 up for immediate consideration.
There was no objection.
Senators McCONNELL, MOORE, SHEHEEN, LEATHERMAN, RITCHIE, MARTIN, SETZLER, CLEARY, DRUMMOND, MALLOY, KNOTTS and LAND proposed the following Amendment No. P-18 (JUD0355.005), which was adopted:
Amend the committee report, as and if amended, striking the committee report in its entirety and inserting therein:
TO AMEND SECTION 1-30-105 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE COMMISSION IS ABOLISHED AND THE GOVERNING AUTHORITY OF THE DEPARTMENT OF TRANSPORTATION IS A BOARD AS PROVIDED BY LAW; TO AMEND SECTION 1-3-240, RELATING TO THE REMOVAL OF CERTAIN OFFICIALS FROM OFFICE, SO AS TO PROVIDE THAT A DEPARTMENT OF TRANSPORTATION BOARD MEMBER MAY BE REMOVED BY THE GOVERNOR FOR MALFEASANCE, MISFEASANCE, INCOMPETENCY, ABSENTEEISM, CONFLICTS OF INTEREST, MISCONDUCT, PERSISTENT NEGLECT OF DUTY IN OFFICE, OR INCAPACITY; TO AMEND CHAPTER 1, TITLE 57, RELATING TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO RECONSTITUTE THE COMMISSION AS A BOARD, TO PROVIDE THAT THE BOARD SHALL BE COMPOSED OF SEVEN MEMBERS APPOINTED BY THE GOVERNOR, SCREENED BY THE JOINT TRANSPORTATION REVIEW COMMITTEE, AND SUBJECT TO THE ADVICE AND CONSENT OF THE SENATE, TO ESTABLISH THE LENGTH OF TERMS THAT BOARD MEMBERS MAY SERVE, AND DEFINE THE POWERS AND DUTIES OF THE BOARD, TO PROVIDE THAT THE BOARD EMPLOYS AN EXECUTIVE DIRECTOR WHO SERVES AT THE PLEASURE OF THE BOARD, AND TO PROVIDE THAT THE BOARD EMPLOYS
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. 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 constituted on June 30, 1993, under the provisions of Title 56, shall be the governing authority for the department until February 15, 1994, or as soon as its successors are elected or appointed and qualified, whichever is later:
Department of Highways and Public Transportation, except the Motor Vehicle Division, which was established as the Department of Motor Vehicles by Section 56-1-5, and the State Highway Patrol, formerly provided for at Section 56-1-10, et seq.
(B) The Commission of the Department of Transportation constituted on the effective date of this subsection shall continue to serve until the requirements of Section 57-1-320 are met, at which time the commission is abolished and the Department of Transportation Board, as established in Chapter 1 of Title 57, is the governing authority for the department."
SECTION 2. Section 1-3-240(C)(1) of the 1976 Code is amended to read:
"(C)(1) Persons appointed to the following offices of the State may be removed by the Governor for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity:
(a) Workers' Compensation Commission;
(b) Reserved Department of Transportation Board;
(c) Ethics Commission;
(d) Election Commission;
(e) Professional and Occupational Licensing Boards;
(f) Juvenile Parole Board;
(g) Probation, Parole and Pardon Board;
(h) Director of the Department of Public Safety;
(i) Board of the Department of Health and Environmental Control, excepting the chairman;
(j) Chief of State Law Enforcement Division;
(k) South Carolina Lottery Commission;
(l) Executive Director of the Office of Regulatory Staff; and
(m) Directors of the South Carolina Public Service Authority appointed pursuant to Section 58-31-20. A director of the South Carolina Public Service Authority also may be removed for his breach of any duty arising under Sections 58-31-55 or 58-31-56. The Governor must not request a director of the South Carolina Public Service Authority to resign unless cause for removal, as established by this subsection, exists. Removal of a director of the South Carolina Public Service Authority, except as is provided by this section or by Section 58-31-20(A), must be considered to be an irreparable injury for which no adequate remedy at law exists."
SECTION 3. Chapter 1 of Title 57 of the 1976 Code is amended to read:
GENERAL PROVISIONS
ARTICLE 1
DEPARTMENT OF TRANSPORTATION
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.
(2) 'Department' 'Department' means the Department of Transportation (DOT).
(3) 'Director' 'Executive Director' means the chief administrative officer of the Department of Transportation.
(4) 'Chief Highway Engineer' means the person selected by the board as provided in Section 57-1-410(B) to create, in conjunction with the board, the statewide transportation priority plan.
Section 57-1-20. The Department of Transportation is established as an administrative agency of state government which is comprised of a Division of Mass Transit; a Division of Construction Engineering and Planning; and a Division of Finance and Administration. Each division of the Department of Transportation shall have such functions and powers as provided for by law.
Section 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.
(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 57-1-35. The members of the board and employees of the department are subject to the provisions of Chapter 13 of Title 8, the State Ethics Act, and the provisions of Chapter 78 of Title 15, the South Carolina Tort Claims Act.
Section 57-1-40. (A) It is unlawful for a member of the commission board or an engineer, agent, or other employee, acting for or in behalf of the department or commission board, to accept or agree to accept, receive or agree to receive, or ask or solicit, either directly or indirectly, with the intent to have his decision or action on any question, matter, cause, or proceeding which at the time may be pending or which by law may be brought before him in his official capacity or in his place of trust or profit influenced, any:
(1) money;
(2) contract, promise, undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value;
(3) political appointment or influence, present, or reward;
(4) employment; or
(5) other thing of value.
A person violating the provisions of subsection (A) is guilty of a felony and, upon conviction, must be imprisoned not more than five years and is disqualified forever from holding any office of trust or profit under the Constitution or laws of this State.
(B) It is unlawful for a person to give or offer to give, promise, or cause or procure to be promised, offered, or given, either directly or indirectly, to a member of the commission board or an engineer, agent, or other employee acting for or on behalf of the commission board or department with the intent to have his decision or action on any question, matter, cause, or proceeding which at the time may be pending or which by law may be brought before him in his official capacity or in his place of trust or profit influenced, any:
(1) money;
(2) contract, promise, undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value;
(3) political appointment or influence, present, or reward;
(4) employment; or
(5) other thing of value.
A person violating the provisions of subsection (B) is guilty of a felony and, upon conviction, must be imprisoned not more than five years and is disqualified forever from holding any office of trust or profit under the Constitution or laws of this State.
Section 57-1-50. The assent of the State is hereby given to the terms and provisions of any act providing for federal aid to the states for the construction of highways and other related transportation projects. The good faith of the State is hereby pledged to provide sufficient funds to meet the requirements of said federal act, so as to acquire the benefits thereof.
Section 57-1-60. (A) The Governor, in addition to other duties and responsibilities conferred upon him by the Constitution and laws of this State, is charged with the responsibility for the administration of the state's highway safety programs and is further charged with the duty of contracting and doing all other things necessary on behalf of this State and, in so doing, to work with federal and state agencies, agencies private and public, interested organizations, and with individuals to effectuate that purpose. The Governor shall be the official of this State having the ultimate responsibility for dealing with the federal government with respect to highway safety transportation programs and activities. To that end the Governor shall coordinate the activities of any and all departments and agencies of this State and its subdivisions.
(B)(1) The Department of Transportation Board, in conjunction with the Chief Highway Engineer, must develop a methodology for determining how to design the statewide transportation priority plan that includes, but is not limited to, the schedule of priorities for all major construction projects and funds allocated to complete those projects.
(2) In developing the methodology, the department must consider, but is not limited to, consideration of the following criteria:
(a) financial viability, including a life cycle analysis of estimated maintenance and repair costs over the expected life of the project;
(b) public safety;
(c) potential for economic development;
(d) traffic volume;
(e) truck traffic;
(f) the pavement quality index;
(g) alternative transportation solutions;
(h) consistency with local land use plans; and
(i) environmental impact.
(3) The department shall conduct one or more public hearings to receive input prior to adopting a methodology. Any public hearing must include the opportunity for the public to address board members and staff or a hearing officer in a format so that comments are heard by the general public attending the hearing. A recording of the public hearing and documents received as public comment must be available to the public as provided in Chapter 4 of Title 30, the South Carolina Freedom of Information Act.
(4) The methodology must be submitted to the Joint Transportation Review Committee for review and approval as provided in Section 57-1-730(12)(a).
(5)(a) Following approval of the methodology by the Joint Transportation Review Committee, the board, in conjunction with the Chief Highway Engineer, must design the statewide transportation priority plan in compliance with the approved methodology.
(b) The department shall conduct one or more public hearings to receive input prior to developing the statewide transportation priority plan. If required by federal regulations, the department must conduct a public hearing in each county affected to allow the department to share information regarding the project with the local community and to allow the local community to address its concerns with department board members and staff. Any public hearing must include the
(C) The plan must be submitted to the Joint Transportation Review Committee for review and approval. Following its evaluation, the Joint Transportation Review Committee must submit a letter to the General Assembly indicating it has reviewed and approved the plan as provided in Section 57-1-730(12)(b).
(D) The plan must be implemented only after the General Assembly passes a bill or joint resolution authorizing a plan and causing it to become effective. The plan must be passed as a bill or joint resolution with the single subject matter of the statewide transportation priority plan and must not be passed as a provision of a general appropriations act or other legislation appropriating money.
Section 57-1-70. It is the sense of the General Assembly that the Department of Transportation should comply with Section 105(f) of the Federal Aid Highway Act. The department is directed to effectuate and assure the compliance through contract documents and regulations as may be necessary and such input from the Governor's Office (Office of Small and Minority Business Assistance) in the promulgation of the regulations.
COMMISSION OF THE DEPARTMENT OF TRANSPORTATION BOARD
Section 57-1-310. The congressional districts of this State are constituted and created Department of Transportation districts of the State, designated by numbers corresponding to the numbers of the respective congressional districts. The Commission of the Department of Transportation shall be composed of one member from each transportation district elected by the delegations of the congressional district and one member appointed by the Governor, upon the advice and consent of the Senate, from the State at large. Such elections or appointment, as the case may be, shall take into account race and gender so as to represent, to the greatest extent possible, all segments of the population of the State; however, consideration of these factors in making an appointment or in an election in no way creates a cause of action or basis for an employee grievance for a person appointed or elected or for a person who fails to be appointed or elected.
(A) On and after the effective date of this section, the Department of Transportation is composed of a board of seven members, one from each congressional district of the State and one from the State at large who shall serve as the chairman. A member of the board must:
(1) reside in South Carolina and, in the case of a member representing a congressional district, reside in the congressional district he represents;
(2) have 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.
(3) be appointed by the Governor, screened by the Joint Transportation Review Committee as provided in Article 7 of this chapter and determined to have the qualifications required in this chapter, and confirmed by the advice and consent of the Senate.
(B) In appointing and confirming the board members, the Governor and General Assembly must take into account race and gender so as to represent, to the greatest extent possible, all segments of the population of the State, including representation from rural and urban areas; however, consideration of these factors in making in an election in no way creates a cause of action or basis for a grievance for a person elected or for a person who fails to be 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.
(A) The Joint Transportation Review Committee, established pursuant to Article 7 of this chapter, must meet within ninety days of the effective date of this section to screen and determine if appointees are qualified to serve as initial board members.
(B) Notwithstanding the provisions of Section 1-3-210, the initial board members appointed by the Governor shall serve in an interim capacity pending confirmation by the Senate. If the appointment is
(C) No later than thirty days after the final initial board member is appointed, 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.
(D) The Department of Transportation Commission is abolished effective on the date that the certification required by subsection (C) is filed with the Secretary of State and the powers, duties, and functions of the commission are devolved upon the board.
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 commission the certificate of election is sufficient warrant to the person
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 board members must serve for a term of office of four years, except as provided in subsection (B), which expires on February fifteenth of the appropriate year as provided in this section. 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 a board member shall must be filled by election appointment in the manner provided in this article chapter for the unexpired term only. No person is eligible to serve as a commission board member who is not a resident of that district the congressional district he represents at the time of his appointment, except that the at-large commission board member may be appointed from any county congressional district in the State regardless of whether another commissioner is serving from that county. Failure by a commission board member to maintain residency in the congressional district for which he is elected during his term shall result in the forfeiture of his office. The at-large commission board member, upon confirmation, shall must serve as chairman of the commission board.
(B) The terms of the initial board members of the commission initially appointed from congressional districts are as follows:
(1) for the at-large board member -- beginning in 2007 for a term to end February 15, 2010, and thereafter for terms of four years coterminous with the Governor;
(2) commission for board members appointed to represent odd-numbered congressional districts--two beginning in 2007 for a term to end February 15, 2010, and thereafter for terms of four years; and
(2)(3) commission for board members appointed to represent even-numbered congressional districts--four beginning in 2007 for a term to end February 15, 2012, and thereafter for terms of four years.
(C) The at-large commissioner shall serve at the pleasure of the Governor The board members may be removed from office as provided in Section 1-3-240(C)(1).
Section 57-1-340. Each commission board 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 board may adopt an official seal for use on official documents of the department.
(B) The commission board shall adopt its own rules and procedures and may select such additional officers to serve such terms as the commission board may designate.
(C) Commissioners Board members 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.
EXECUTIVE DIRECTOR, CHIEF HIGHWAY ENGINEER OF THE DEPARTMENT OF TRANSPORTATION
AND OTHER EMPLOYEES OF THE DEPARTMENT OF TRANSPORTATION
Section 57-1-410. (A) The commission board shall employ a director an Executive Director who shall serve at the pleasure of the commission board. A person appointed to this position shall be a citizen of practical and successful business and executive ability who has a knowledge in the field of transportation. The director Executive Director shall receive such compensation as may be established determined by the Joint Transportation Review Committee under the provisions of Section 8-11-160 57-1-730(4) and for which funds have been authorized in the general appropriation act.
(B) The board shall employ a Chief Highway Engineer who may be removed by the board for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity. A person appointed to this position shall be a citizen with civil engineering experience and any other experience the board may require. The Chief Highway Engineer shall receive such compensation as may be determined by the Joint Transportation Review Committee under the provisions of Section 57-1-730(4) and for which funds have been authorized in the general appropriation act.
Section 57-1-430. (A) The director Executive Director must carry out the policies of the commission board and administer the affairs of the department, and may exercise all powers belonging to the commission board within the guidelines and policies established by the commission board, when the commission board is not in session. He
(B) For each division, the director Executive Director may employ such personnel and prescribe their duties, powers, and functions as he considers necessary and as may be authorized by statute and for which funds have been authorized in the annual general appropriation act.
Section 57-1-440. The director Executive Director shall have the exclusive authority to employ a chief counsel and such staff attorneys and support staff as are necessary to represent the department in legal matters, condemnation procedures, and other such litigation. Any extra legal services that may be required shall be performed by attorneys selected by the director Executive Director. The department is authorized to retain independent adjusters for purposes of investigating and adjusting claims and suits resulting from motor vehicle damage and personal injury damage programs involving department liability exposure and recovery potential. Expenses for the administration and implementation of this section shall be paid for from the state highway fund.
Section 57-1-450. The director Executive Director shall appoint a deputy director for each division of the department who shall serve at the pleasure of the director Executive Director and shall recommend the salary for each deputy director as allowed by statute or applicable law.
Section 57-1-490. The department shall be audited by a certified public accountant or firm of certified public accountants once each year to be designated by the State Auditor. The designated accountant or firm of accountants shall issue audited financial statements in accordance with generally accepted accounting principles, and such financial statements shall be made available annually by October fifteenth to the General Assembly. The costs and expenses of the audit must be paid by the department out of its funds."
SECTION 4. Chapter 1, Title 57 of the 1976 Code is amended by adding:
JOINT TRANSPORTATION REVIEW COMMITTEE
Section 57-1-710. There is hereby established a committee to be known as the Joint Transportation Review Committee, hereinafter called the review committee, which must exercise the powers and fulfill the duties described in this article.
Section 57-1-720. (A) The review committee is composed of ten members as follows:
(1) one appointed by the Chairman of the Senate Finance Committee;
(2) one appointed by the Chairman of the Senate Judiciary Committee;
(3) one appointed by the Chairman of the Senate Transportation Committee;
(4) two members of the general public appointed by the President Pro Tempore of the Senate upon the recommendations of the Chairman of the Senate Transportation Committee and the ranking member of the Senate Transportation Committee;
(5) one appointed by the Chairman of the House Ways and Means Committee;
(6) one appointed by the Chairman of the House Judiciary Committee;
(7) one appointed by the Chairman of the House Education and Public Works Committee; and
(8) two members of the general public appointed by the Speaker of the House of Representatives.
(B) In making appointments to the joint committee, race, gender, and other demographic factors, such as residence in rural or urban areas, must be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State. The members of the general public appointed by the President Pro Tempore of the Senate and Speaker of the House of Representatives must be representative of all citizens of this State and must not be members of the General Assembly.
(C) The review committee must meet as soon as practicable after appointment and organize itself by electing one of its members as chairman and such other officers as the review committee may consider necessary. Thereafter, the review committee must meet at least annually and at the call of the chairman or by a majority of the members. A quorum consists of five members.
(D) Unless the review committee finds a gubernatorial appointee qualified, the appointee must not be confirmed by the advice and consent of the Senate to serve on the Department of Transportation Board.
Section 57-1-730. The review committee has the following powers and duties:
(1) to screen the persons the Governor appoints to the Department of Transportation Board pursuant to the provisions of Section 2-20-10,
(2) in screening candidates for the commission and making its findings, the review committee must seek to find the best qualified people by giving due consideration to:
(a) ability, dedication, compassion, common sense, and integrity of the candidates; and
(b) the race and gender of the candidates and other demographic factors, such as residence in rural or urban areas, to assure nondiscrimination to the greatest extent possible of all segments of the population of the State.
(3) to determine if the appointees are qualified and meet the requirements provided by law to serve as members of the Department of Transportation Board, make findings concerning whether the appointees are qualified, and deliver its findings to the Senate;
(4) notwithstanding any other provision of law, to set the salaries of the Executive Director and the Chief Highway Engineer of the Department of Transportation;
(5) to conduct an annual performance review of each member of the Department of Transportation Board, which must be submitted to the General Assembly. A draft of the member's performance review must be submitted to the member, and the member must be allowed an opportunity to be heard before the review committee before the final draft of the performance review is submitted to the General Assembly. The final performance review must be made a part of the member's record for consideration if the member seeks reelection to the commission;
(6) to evaluate the actions of the board, so that the members of the General Assembly may better judge whether these actions serve the best interests of the citizens of South Carolina, both individual and corporate;
(7) to submit to the General Assembly, on an annual basis, the review committee's evaluation of the performance of the board. A proposed draft of the evaluation must be submitted to the board prior to submission to the General Assembly, and the board must be given an opportunity to be heard before the review committee prior to the completion of the evaluation and its submission to the General Assembly;
(8) to conduct an annual performance review of the Executive Director of the Department of Transportation, which must be submitted to the General Assembly. A draft of the executive director's
(9) to assist in developing an annual workshop of at least six contact hours concerning ethics and the Administrative Procedures Act for the board members and employees of the Department of Transportation;
(10) to make reports and recommendations to the General Assembly on matters relating to the powers and duties set forth in this section;
(11) to submit a letter with the annual budget proposals of the Department of Transportation, indicating the review committee has reviewed and approved the proposals;
(12) (a) to submit a letter to the General Assembly indicating the review committee has reviewed and approved methodology for the statewide transportation priority plan as provided in Section 57-1-60(B)(4);
(b) following its evaluation of the statewide transportation priority plan, to submit a letter to the General Assembly indicating the review committee has reviewed and approved the statewide transportation priority plan as provided in Section 57-1-60(C);
(13) to appoint a committee from the general public at large to advise the review committee on any of its powers and duties. Members must not be members of the General Assembly, board members, the Executive Director, Chief Highway Engineer, or employees of the Department of Transportation; and
(14) to undertake such additional studies or evaluations as the review committee considers necessary.
Section 57-1-740. (A) The review committee members are entitled to such mileage, subsistence, and per diem as authorized by law for members of boards, committees, and commissions while in the performance of the duties for which appointed. These expenses shall be paid from the general fund of the State on warrants duly signed by the chairman of the review committee and payable by the authorities from which they are appointed.
(B) The expenses associated with the review committee duties to qualify and nominate candidates for the Department of Transportation Board and to develop an annual workshop on ethics and the Administrative Procedures Act must be paid from the general fund of the State.
Section 57-1-750. (A) The review committee must use clerical and professional employees of the General Assembly for its staff, who must be made available to the review committee.
(B) The review committee may employ or retain other professional staff, upon the determination of the necessity for other staff by the review committee.
(C) The costs and expenses of the review committee must be funded in the annual general appropriations act.
Section 57-1-760. The review committee may conduct a comprehensive study of other states' Department of Transportation Board's structures, responsibilities, qualifications, and compensation. The review committee may prepare and deliver this report along with its recommendations to the General Assembly on or before January 15, 2009."
SECTION 5. 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 "director" that refer to the chief administrative officer of the Department of Transportation, mean the "Executive Director of the Department of Transportation" or "Executive Director," as appropriate; and references to "Department of Transportation Commissioner" mean "member of the Department of Transportation Board" or "board member" as appropriate. The Code Commissioner shall change references in the 1976 Code to conform to this act, and such changes must be included in the next printing of replacement volumes or cumulative supplements.
SECTION 6. 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 7. (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
(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. /
Renumber sections to conform.
Amend title to conform.
Senator SHEHEEN explained the amendment.
At 4:51 P.M., Senator RITCHIE assumed the Chair.
Senator SHEHEEN explained the amendment.
At 5:00 P.M., the PRESIDENT assumed the Chair.
Senator SHEHEEN continued explaining the amendment.
Senator RYBERG argued contra to the adoption of the amendment.
Senator GROOMS argued contra to the adoption of the amendment.
Senator CAMPSEN argued contra to the adoption of the amendment.
Senator CAMPSEN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryant Campsen Courson Fair Grooms Hayes Ryberg Vaughn
Alexander Anderson Cleary Cromer Drummond Elliott Ford Hawkins Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill Mescher Moore* O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Scott Setzler Sheheen Short Williams
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator GROOMS spoke on the amendment.
The amendment was adopted.
Senators RYBERG, GROOMS, CAMPSEN and BRYANT desired to be recorded as voting against the adoption of the amendment.
On motion of Senator MARTIN, debate was interrupted by adjournment.
On motion of Senators ANDERSON, FAIR, RITCHIE, VERDIN, ALEXANDER, BRYANT, CAMPSEN, CLEARY, COURSON, CROMER, DRUMMOND, ELLIOTT, FORD, GREGORY, GROOMS, HAWKINS, HAYES, HUTTO, JACKSON, KNOTTS, LAND, LEATHERMAN, LEVENTIS, LOURIE, MALLOY, MARTIN, MATTHEWS, McCONNELL, McGILL, MESCHER, MOORE, O'DELL, PATTERSON, PEELER, PINCKNEY, RANKIN, REESE, RYBERG, SCOTT, SETZLER, SHEHEEN, SHORT, VAUGHN and WILLIAMS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Harry Lee Thomas of Greenville, S.C., beloved father of our colleague, Senator DAVID L. THOMAS.
At 6:10 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M.
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