SENATE JOURNAL 05/15/2007 - South Carolina Legislature Online

South Carolina General Assembly
117th Session, 2007-2008
Journal of the Senate

Tuesday, May 15, 2007
(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT Pro Tempore.

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

In Genesis, Chapter 2, we read:

"Thus the heavens and the earth were completed in all their vast array." (Genesis 2:1)

Let us pray:

We know that we cannot compare our work here to Yours, O God. We would never presume to do so. But, there is no way-regrettably-that all the tasks which we wanted to achieve can possibly be completed this term. Truly, time is slipping away here in this 117th Session. That gives us all the more reason, dear Lord, to pray that You will energize this body, that You will fire hearts and wills and imaginations, that You will allow us all to use the time which remains this year to accomplish great good for this State and for her people. So lead each Senator that he or she may sense a renewed commitment to accomplish ends that are worthy and meaningful. In Your loving name we pray, dear Lord.
Amen.

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

Message from the House

Columbia, S.C., May 9, 2007

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.36, H. 3509 by a vote of 100 to 5:

(R36, H3509 (Word version)) -- Reps. Mitchell, Whipper, Parks, Haley, Hodges, J.H. Neal, Bedingfield, F.N. Smith, Gullick, Pinson, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowen, 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, Funderburk, Gambrell, Govan, Hagood, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Moss, Neilson, Ott, Owens, Perry, Phillips, E.H. Pitts, M.A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Skelton, D.C. Smith, G.M. Smith, G.R. Smith, J.R. Smith, W.D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Vick, Viers, Walker, Williams, Witherspoon, Young, Bowers, J.M. Neal, Loftis, Simrill, White, Mulvaney, Whitmire, Frye and Weeks: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 31 TO ENACT THE "WILLIAM C. MESCHER LOCAL HOUSING TRUST FUND ENABLING ACT", TO MAKE CERTAIN FINDINGS BY THE GENERAL ASSEMBLY, TO DEFINE CERTAIN TERMS, AND TO ALLOW A LOCAL GOVERNMENT TO CREATE AND OPERATE A "LOCAL HOUSING TRUST FUND" OR A "REGIONAL HOUSING TRUST FUND".
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

The veto of the Governor was taken up for immediate consideration.

Senator ALEXANDER moved that the veto of the Governor be overridden.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 38; Nays 1

AYES

Alexander                 Anderson                  Cleary
Courson                   Cromer                    Fair
Ford                      Grooms                    Hawkins
Hayes                     Hutto                     Jackson
Knotts                    Land                      Leatherman
Leventis                  Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill                    Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Ritchie                   Ryberg
Scott                     Setzler                   Sheheen
Short                     Thomas                    Vaughn
Verdin                    Williams

Total--38

NAYS

Bryant

Total--1

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Doctor of the Day

Senator COURSON introduced Dr. William H. Richardson of Columbia, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator LAND, at 12:05 P.M., Senator DRUMMOND was granted a leave of absence for today.

Leave of Absence

At 1:00 P.M., Senator JACKSON requested a leave of absence beginning at 3:00 P.M. today and lasting until 11:00 A.M. Thursday morning.

Leave of Absence

At 1:00 P.M., Senator MALLOY requested a leave of absence beginning at 5:00 P.M. today and lasting until 11:00 A.M. Thursday morning.

Leave of Absence

At 1:00 P.M., Senator FORD requested a leave of absence beginning at 3:00 P.M. today and lasting until 11:00 A.M. Thursday morning.

Leave of Absence

At 1:05 P.M., Senator LEVENTIS requested a leave of absence beginning at 6:00 P.M. on Thursday and lasting until Tuesday of next week.

Leave of Absence

At 1:05 P.M., Senator SHORT requested a leave of absence beginning at 12:00 P.M. on Wednesday and lasting until Tuesday at Noon.

Leave of Absence

At 1:08 P.M., Senator RYBERG requested a leave of absence from 8:00 - 1:00 P.M. on Thursday.

Leave of Absence

At 1:10 P.M., Senator RANKIN requested a leave of absence beginning at 10:00 A.M. on Thursday lasting until Noon on Tuesday.

S. 718--CO-SPONSOR ADDED

S. 718 (Word version) -- Senator McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REQUIREMENT FOR THE STATE AND ITS POLITICAL SUBDIVISIONS TO HAVE BUDGET PROCESSES DESIGNED TO KEEP REVENUES AND EXPENDITURES IN BALANCE, THE LIMITATION ON STATE APPROPRIATIONS, AND THE LIMITATIONS ON STATE EMPLOYEES, SO AS TO DELETE THE EXISTING STATE SPENDING LIMITATION AND REQUIRE THE GENERAL ASSEMBLY TO REPLACE IT BY A LAW PROVIDING A LIMIT ON STATE SPENDING FOR A FISCAL YEAR THAT EQUALS THE TOTAL OF STATE APPROPRIATIONS IN THE PRIOR YEAR INCREASED BY THE TOTAL PERCENTAGE OF INCREASES IN STATE PERSONAL INCOME AND STATE POPULATION IN THE MOST RECENT YEAR FOR WHICH THIS INFORMATION IS AVAILABLE AND PROVIDE THAT THE GENERAL ASSEMBLY IN ENACTING THIS LIMIT SHALL DEFINE THE APPROPRIATIONS TO WHICH THE LIMIT APPLIES, AND THE METHOD OF AND SOURCES FOR CALCULATING THE LIMIT.

On motion of Senator GROOMS, with unanimous consent, the name of Senator GROOMS was added as a co-sponsor of S. 718.

RECALLED

H. 4030 (Word version) -- Reps. McLeod, Leach, 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, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, 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, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF MAY, 2007, AS "MENTAL HEALTH MONTH" IN SOUTH CAROLINA AND TO RAISE AWARENESS AND UNDERSTANDING OF MENTAL ILLNESS AND THE NEED FOR APPROPRIATE AND ACCESSIBLE SERVICES FOR ALL PEOPLE WITH MENTAL ILLNESS.

Senator PEELER asked unanimous consent to make a motion to recall the Resolution from the Committee on Medical Affairs.

There was no objection.

The Resolution was recalled from the Committee on Medical Affairs and ordered placed on the Calendar for consideration tomorrow.

RECALLED

H. 3290 (Word version) -- Reps. Breeland, R. Brown, Mack, Miller, Scarborough, Stavrinakis and Whipper: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

The Bill was recalled from the Committee on Judiciary and ordered placed on the Calendar for consideration tomorrow.

RECALLED AND COMMITTED

H. 3159 (Word version) -- Reps. Toole, Umphlett, Littlejohn, Huggins, Sandifer, Viers, Hamilton, G.R. Smith, Leach, Haskins, Cato, Shoopman, Bedingfield, Loftis and Lowe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO PROVIDE THAT RELIGIOUS REFERENCES TO GOD, A DEITY, OR A HIGHER POWER OF ANY DENOMINATION OR RELIGION MAY BE USED IN APPROVED DISPLAYS, MONUMENTS, PLAQUES, OR SIMILAR FIXTURES IN STATE OR LOCAL PUBLIC AREAS, BUILDINGS, OR PLACES.

Senator LEATHERMAN asked unanimous consent to make a motion to recall the Bill from the Committee on Finance and commit the Bill to the Committee on Judiciary.

There was no objection.

The Bill was committed to the Committee on Judiciary.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 753 (Word version) -- Senator Malloy: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SHERMAN A. JAMES, PH.D., THE DUKE UNIVERSITY "SUSAN B. KING PROFESSOR OF PUBLIC POLICY STUDIES", FOR HIS OUTSTANDING WORK IN THE AREAS OF EPIDEMIOLOGY, POVERTY AND PUBLIC POLICY, AND RACIAL AND ETHNIC HEALTH DISPARITIES, AND TO WELCOME HIM BACK TO SOUTH CAROLINA AS HE PRESENTS THE KEYNOTE ADDRESS AT THE SOUTH CAROLINA AFRICAN AMERICAN HERITAGE COMMISSION'S "PRESERVING OUR PLACES IN HISTORY IN THE PEE DEE".
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 754 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTIONS 59-116-10 AND 59-116-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPUS SECURITY DEPARTMENTS, SO AS TO CLARIFY THAT THESE PROVISIONS AND THE PROVISIONS OF CHAPTER 116 OF TITLE 59 ONLY APPLY TO PRIVATE COLLEGES AND UNIVERSITIES AND NOT TO PUBLIC INSTITUTIONS OF HIGHER LEARNING.
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Read the first time and referred to the Committee on Education.

S. 755 (Word version) -- Senator Bryant: A BILL TO AMEND ARTICLE 3, CHAPTER 1, TITLE 6 OF THE 1976 CODE, RELATING TO THE AUTHORITY OF LOCAL GOVERNMENTS TO ASSESS TAXES AND FEES, TO PROVIDE THAT A REFERENDUM HELD BY A LOCAL GOVERNING BODY TO SEEK APPROVAL FOR A REVENUE RAISING MEASURE MUST BE HELD AT THE NEXT GENERAL ELECTION WHEN THE MEMBERS OF THE LOCAL GOVERNING BODY ARE ELECTED.
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Read the first time and referred to the Committee on Judiciary.

S. 756 (Word version) -- Senator Bryant: A BILL TO PROVIDE THAT, IN ANDERSON COUNTY, ANY REFERENDUM HELD BY A LOCAL TAXING AUTHORITY TO SEEK APPROVAL FOR AN INCREASE IN MILLAGE RATES, TO ISSUE BONDS, OR FOR ANY OTHER REVENUE RAISING MEASURE MUST BE HELD AT THE TIME AS THE NEXT GENERAL ELECTION WHEN MEMBERS OF THE TAXING AUTHORITY ARE ELECTED, EXCEPT THAT THE REFERENDUM MUST BE HELD AT THE NEXT CITY ELECTION WHEN CITY COUNCIL MEMBERS ARE ELECTED IF THE TAXING AUTHORITY SEEKING THE REVENUE RAISING MEASURE IS THE ANDERSON CITY COUNCIL.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 757 (Word version) -- Senator Land: A SENATE RESOLUTION TO RECOGNIZE SAMUEL H. JONES FOR HIS TWENTY-FIVE YEARS OF INVALUABLE SERVICE TO THE STATE AND THE PEOPLE OF SOUTH CAROLINA, UPON THE OCCASION OF HIS RETIREMENT FROM THE STATE BUDGET AND CONTROL BOARD, AND TO WISH HIM SUCCESS IN HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 758 (Word version) -- Senators Sheheen and Lourie: A CONCURRENT RESOLUTION TO COMMEND MRS. ANN MARIE TAYLOR, SPECIAL EDUCATION TEACHER AT PINE TREE HILL ELEMENTARY SCHOOL IN KERSHAW COUNTY, FOR HER COMMITMENT TO PROVIDING QUALITY EDUCATION FOR THE CHILDREN OF SOUTH CAROLINA, AND TO CONGRATULATE HER UPON BEING NAMED THE 2007 SOUTH CAROLINA TEACHER OF THE YEAR.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 759 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE JUSTICE E.C. BURNETT III UPON THE OCCASION OF HIS RETIREMENT FROM THE SOUTH CAROLINA SUPREME COURT, THANKING HIM FOR HIS DEDICATION TO THE PEOPLE OF SOUTH CAROLINA AND THE PURSUIT OF JUSTICE, AND WISHING HIM WELL IN THE FUTURE.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 3319 (Word version) -- Reps. M. A. Pitts, Pinson and Parks: A BILL TO AMEND ACT 595 OF 1994, RELATING TO THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50 ARE ELECTED, SO AS TO CHANGE THE FILING PERIOD FROM SEPTEMBER TO AUGUST.

Read the first time and ordered placed on the Local and Uncontested Calendar.

H. 3820 (Word version) -- Reps. Cato, Viers, Clemmons, Bales, Hardwick, Miller, Haley, Perry, Leach, Anderson, Witherspoon, Barfield, Battle, Dantzler, Edge, Herbkersman and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "OMNIBUS COASTAL PROPERTY INSURANCE REFORM ACT OF 2007"; BY ADDING ARTICLE 11 TO CHAPTER 6, TITLE 12 SO AS TO ALLOW AN INSURANCE POLICYHOLDER TO ESTABLISH A CATASTROPHE SAVINGS ACCOUNT, TO DEFINE QUALIFIED CATASTROPHE SAVINGS EXPENSES AND QUALIFIED DEDUCTIBLE, AND TO ALLOW A TAXPAYER TO CLAIM A CREDIT AGAINST THE STATE INCOME TAX FOR DEPOSITS MADE INTO A CATASTROPHE SAVINGS ACCOUNT; BY ADDING SECTION 12-6-3660 SO AS TO ALLOW A TAXPAYER TO CLAIM A CREDIT AGAINST THE STATE INCOME TAX FOR COSTS INCURRED TO RETROFIT A LEGAL RESIDENCE TO MAKE IT MORE RESISTANT TO LOSS DUE TO HURRICANE, RISING WATER, OR OTHER CATASTROPHIC WIND EVENT; BY ADDING SECTION 12-6-3670 SO AS TO ALLOW A TAXPAYER TO CLAIM A CREDIT AGAINST THE STATE INCOME TAX EQUAL TO THE INSURANCE PREMIUM COSTS INCURRED BY THE TAXPAYER; TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO ALLOW A THREE PERCENT SALES TAX ON SPECIFIED BUILDING MATERIALS USED ON HOMES TO MITIGATE DAMAGE FROM WIND; TO DESIGNATE SECTIONS 38-3-10 THROUGH 38-3-240 AS ARTICLE 1, CHAPTER 3, TITLE 38 AND ENTITLED "GENERAL PROVISIONS"; BY ADDING ARTICLE 3 TO CHAPTER 3, TITLE 38 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE HAS AUTHORITY TO ISSUE GENERAL ORDERS APPLICABLE TO ALL INSURANCE COMPANIES AFTER THE GOVERNOR DECLARES A STATE OF EMERGENCY; TO PROVIDE THAT THE DEPARTMENT BY ORDER, MAY ADOPT ANY RULE THAT FACILITATES RECOVERY FROM THE EMERGENCY; TO PROVIDE THAT THE DEPARTMENT SHALL ADOPT RULES STANDARDIZING REQUIREMENTS THAT MAY BE APPLIED TO INSURERS AFTER A HURRICANE, ADDRESSING CLAIMS REPORTING REQUIREMENTS, GRACE PERIODS FOR PAYMENT OF PREMIUMS, TEMPORARY POSTPONEMENT OF CANCELLATIONS AND NONRENEWAL, AND ANY OTHER RULE THE DIRECTOR CONSIDERS NECESSARY; BY ADDING SECTION 38-7-200 SO AS TO ALLOW TAX CREDIT INCENTIVES TO INSURANCE COMPANIES THAT PROVIDE FULL INSURANCE COVERAGE TO PROPERTY OWNERS ALONG THE COAST OF SOUTH CAROLINA, SPECIFYING THE AMOUNT OF THE CREDIT, AND ALLOWING UNUSED CREDITS TO BE APPLIED IN SUCCEEDING TAXABLE YEARS UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 38-75-755 SO AS TO REQUIRE INSURERS TO DISCLOSE ALL AVAILABLE DISCOUNTS TO THE INSURED; TO AMEND SECTION 38-73-260, AS AMENDED, SO AS TO CLARIFY THAT RATES FALLING WITHIN THE SEVEN PERCENT FLEX-BAND LIMITATION REMAIN SUBJECT TO THE PROHIBITION AGAINST RATES NOT BEING EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRIMINATORY AND THAT THE DEPARTMENT MAY CONSIDER THE RATE IMPACT ON INDIVIDUALS AND TERRITORIES WHEN DETERMINING WHETHER A RATE IS EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRIMINATORY; TO AMEND SECTION 38-73-1095, RELATING TO ESSENTIAL PROPERTY INSURANCE AND RATING PLAN FACTORS, SO AS TO PROVIDE DISCOUNTS FOR RETROFITTING PROPERTY; TO AMEND ARTICLE 5, CHAPTER 75, TITLE 38, RELATING TO WINDSTORM AND HAIL INSURANCE, SO AS TO CLARIFY THE DEFINITIONS OF INSURABLE PROPERTY AND COASTAL AREA RELATING TO ELIGIBILITY FOR COVERAGE BY THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION; TO CLARIFY THE PURPOSE OF ARTICLE 5; TO CLARIFY THAT THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION SHALL PROVIDE WIND AND HAIL INSURANCE FOR RESIDENTIAL AND COMMERCIAL PROPERTY TO APPLICANTS UNABLE TO PROCURE IT IN THE COASTAL AREAS OF THIS STATE; TO PROVIDE INFORMATION THAT MUST BE ADDRESSED IN THE PLAN OF OPERATION; TO MAKE TECHNICAL CHANGES; TO PROVIDE FOR ADDITIONAL GENERAL CORPORATE POWERS AND DUTIES FOR THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION; TO PROVIDE THAT RATES CHARGED BY THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION BE ESTABLISHED AT A SELF-SUSTAINING LEVEL; TO PROVIDE OBJECTIVE STANDARDS FOR EXPANDING THE TERRITORY COVERED BY THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION; TO AMEND ARTICLE 8, CHAPTER 75, TITLE 38, RELATING TO THE ADVISORY COMMITTEE TO THE DIRECTOR AND THE SOUTH CAROLINA BUILDING CODES COUNCIL AND LOSS MITIGATION GRANT PROGRAM, SO AS TO MODIFY THE MEMBERSHIP OF THE ADVISORY COMMITTEE AND TO CLARIFY THAT THE CONTINUED EXISTENCE OF THE PROGRAM IS SUBJECT TO ANNUAL LEGISLATIVE APPROPRIATIONS; TO CLARIFY THAT THE PURPOSE IS TO PROVIDE FOR ONGOING TRAINING FOR INSPECTORS AND FOR OTHER PURPOSES CONSISTENT WITH THE ARTICLE; TO ESTABLISH THE "SOUTH CAROLINA HURRICANE GRANT DAMAGE MITIGATION PROGRAM" WHICH PROVIDES FOR A GRANT PROGRAM FOR THE MITIGATION OF DAMAGE TO OR THE ENHANCEMENT OF MANUFACTURED HOMES; TO PROVIDE FOR MATCHING GRANTS TO ENCOURAGE SINGLE-FAMILY SITE-BUILT HOMES TO RETROFIT TO REDUCE THE STRUCTURE'S VULNERABILITY TO A HURRICANE; TO PROVIDE MATCHING GRANT FUNDS TO LOCAL GOVERNMENTS FOR PROJECTS THAT REDUCE HURRICANE DAMAGE TO SINGLE-FAMILY SITE-BUILT RESIDENTIAL PROPERTY; TO PROVIDE THAT IN ADDITION TO STATE APPROPRIATIONS AND OTHER POTENTIAL GRANT FUNDS, THE PREMIUM TAXES PAID BY THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION AND ONE PERCENT OF THE COMMISSIONS PAID TO PRODUCERS MUST BE USED TO FUND THIS PROGRAM ANNUALLY; TO AMEND SECTION 38-75-1140, RELATING TO THE EVALUATION OF NATURAL HAZARD CATASTROPHE MODELS AND REQUIREMENTS FOR MODELING ORGANIZATIONS, SO AS TO REQUIRE MODELERS TO PROVIDE THE DEPARTMENT WITH A LIST OF VARIABLES THAT ARE SUBJECT TO INSURER INPUT WITH THEIR FILING AND TO PROVIDE THAT THE DEPARTMENT MAY IMPOSE A FEE ON MODELERS AND INSURERS TO RECOVER THE COSTS OF EVALUATING HURRICANE MODELS; AND TO AMEND SECTION 38-75-1160, RELATING TO NOTICE REQUIREMENTS AND EXCEPTIONS BEFORE CANCELLATION OR REFUSAL TO RENEW A POLICY OF INSURANCE, SO AS TO INCREASE THE TIME PERIOD FOR NOTIFYING AN INSURED OF THE CANCELLATION OR REFUSAL TO RENEW A POLICY OF INSURANCE.

Read the first time and referred to the Committee on Banking and Insurance.

H. 3880 (Word version) -- Reps. W. D. Smith, Hagood, Mitchell and McLeod: A BILL TO AMEND ARTICLE 7, CHAPTER 56, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BROWNFIELDS/VOLUNTARY CLEANUP PROGRAM, SO AS TO REVISE THE LIABILITY PROTECTION PROVIDED TO PARTIES WHO ARE NOT RESPONSIBLE FOR ENVIRONMENTAL CONTAMINATION OF PROPERTY AND WHO SUBSEQUENTLY BECOME RESPONSIBLE FOR THE PROPERTY; TO FURTHER SPECIFY THE SCOPE OF A COVENANT NOT TO SUE PROVIDED TO PARTIES WHO ARE RESPONSIBLE FOR ENVIRONMENTAL CONTAMINATION OF PROPERTY; TO SPECIFY THAT PROPERTY ON TO WHICH A RELEASE OF PETROLEUM PRODUCTS OCCURRED IS PROPERTY ELIGIBLE FOR PARTICIPATION IN THIS VOLUNTARY CLEANUP PROGRAM; TO FURTHER SPECIFY THE CONTENTS OF A VOLUNTARY CLEANUP CONTRACT AND GROUNDS FOR TERMINATION OF THE CONTRACT; TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REPORT TO THE GENERAL ASSEMBLY ON THE ACTIVITIES OF THIS PROGRAM; AND TO CONFORM PROVISIONS IN THIS ARTICLE TO THE REVISIONS MADE PURSUANT TO THIS ACT.

Read the first time and referred to the Committee on Medical Affairs.

H. 3989 (Word version) -- Reps. Davenport, Haskins, Bedingfield, G. R. Smith, Ceips, Duncan, Littlejohn, Witherspoon, Agnew, Brantley, Chellis, Frye, Kelly, M. A. Pitts, Taylor, Young, Funderburk and Mulvaney: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO REPEAL OR DECLINE IMPLEMENTATION OF THE "REAL ID ACT OF 2005" AND TO OPPOSE THE CREATION OF A FEDERAL NATIONAL IDENTIFICATION CARD.

The Concurrent Resolution was introduced and referred to the Committee on Judiciary.

H. 4012 (Word version) -- Reps. Agnew and Gambrell: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 28 IN ABBEVILLE COUNTY FROM THE MCCORMICK COUNTY LINE TO THE ANDERSON COUNTY LINE THE "173D AIRBORNE BRIGADE (SEP) SKY SOLDIERS MEMORIAL HIGHWAY VIETNAM 1965-1971" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "173D AIRBORNE BRIGADE (SEP) SKY SOLDIERS MEMORIAL HIGHWAY VIETNAM 1965-1971".

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 4013 (Word version) -- Reps. Agnew and Gambrell: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 72 IN ABBEVILLE COUNTY FROM ITS INTERSECTION WITH SECONDARY HIGHWAY S-1-139 TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 28 "SERGEANT DANNY WILSON AND CONSTABLE DONNIE OUZTS MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "SERGEANT DANNY WILSON AND CONSTABLE DONNIE OUZTS MEMORIAL HIGHWAY".

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 4015 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 39-5-38, RELATING TO DECEPTIVE OR MISLEADING ADVERTISEMENT OF A LIVE MUSICAL PERFORMANCE, SO AS TO DEFINE A SOUND RECORDING, AND TO PROVIDE CERTAIN EXEMPTIONS, REMEDIES, AND A FINE.

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

H. 4028 (Word version) -- Reps. Mitchell, Whipper, Loftis, F. N. Smith, Allen, Davenport, Alexander, R. Brown, Mack and Spires: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 117, TITLE 44 SO AS TO AUTHORIZE AND ESTABLISH THE PROCEDURES FOR ELECTRONIC PRESCRIPTION PROCESSING, INCLUDING, AMONG OTHER THINGS, CONTENTS OF THE PRESCRIPTION, ACCEPTABLE METHODS OF ELECTRONIC PRESCRIPTION TRANSMISSION, CRITERIA AND SAFEGUARDS FOR THE ELECTRONIC EQUIPMENT UTILIZED TO ELECTRONICALLY TRANSMIT THESE PRESCRIPTIONS, PATIENT CONFIDENTIALITY, AND SANCTIONS FOR VIOLATIONS.

Read the first time and referred to the Committee on Medical Affairs.

H. 4029 (Word version) -- Rep. Barfield: A BILL TO AMEND ACT 114 OF 1959, AS AMENDED, RELATING TO THE HORRY COUNTY HIGHER EDUCATION COMMISSION, SO AS TO REVISE THE MANNER IN WHICH MEMBERS OF THE COMMISSION ARE APPOINTED, TO FURTHER PROVIDE FOR WHERE THE COMMISSION WILL MEET, AND TO REVISE OR DELETE OBSOLETE LANGUAGE.

Read the first time and ordered placed on the Local and Uncontested Calendar.

H. 4031 (Word version) -- Rep. Bales: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF HAZELWOOD ROAD AND GARNERS FERRY ROAD IN RICHLAND COUNTY THE "JUDGE ROBERT BURNSIDE INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "JUDGE ROBERT BURNSIDE INTERCHANGE".

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

H. 4036 (Word version) -- Reps. Ceips, Chalk, Hodges, Brantley and Herbkersman: A CONCURRENT RESOLUTION TO MEMORIALIZE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION AND THE GOVERNOR TO TAKE IMMEDIATE ACTION TO ADDRESS THE CRISIS IN BEAUFORT COUNTY RESULTING FROM THE TEMPORARY CLOSURE OF THE J. E. MCTEER BRIDGE FOLLOWING THE ACCIDENTAL DAMAGING OF THE BRIDGE.

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

Message from the House

Columbia, S.C., May 9, 2007

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3466 (Word version) -- Reps. Umphlett, Hinson, E.H. Pitts, Haley, Ballentine, Huggins, Vick, Agnew, Anderson, Battle, Bingham, R. Brown, Cato, Ceips, Chellis, Cobb-Hunter, Dantzler, Duncan, Funderburk, Hagood, Harvin, Herbkersman, Jefferson, Jennings, Knight, Limehouse, Lowe, Mahaffey, Merrill, Miller, Ott, Owens, Parks, Pinson, M.A. Pitts, Sandifer, Scarborough, Scott, Sellers, Simrill, Spires, Stavrinakis, Taylor, White, Whitmire, Williams, Toole, Bowen, Gullick, Hodges and Crawford: A BILL TO AMEND TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, WATER RESOURCES, AND DRAINAGE, BY ADDING CHAPTER 30 SO AS TO ENACT THE "PUBLIC WATERS NUISANCE ABATEMENT ACT" WHICH PERMITS THE DEPARTMENT OF NATURAL RESOURCES TO REMOVE OR REQUIRE THE REMOVAL OF CERTAIN STRUCTURES FROM THE PUBLIC WATERS OF THIS STATE UNDER SPECIFIED CONDITIONS, TO PROVIDE PENALTIES FOR VIOLATION, TO PROVIDE FOR AUTHORITY OF THE ATTORNEY GENERAL AND A MUNICIPALITY OR COUNTY TO DECLARE THESE STRUCTURES NUISANCES AND REQUIRE THEIR REMOVAL, AND TO PROVIDE, FURTHER, FOR A CIVIL ACTION BY A PRIVATE CITIZEN.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 9, 2007

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

S. 139 (Word version) -- Senators Knotts and Elliott: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR HOMES WHICH QUALIFY AS A PRIMARY OR SECONDARY RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAX, SO AS TO INCLUDE TRAILERS USED FOR CAMPING AND RECREATIONAL TRAVEL PULLED BY A MOTOR VEHICLE.
asks for a Committee of Conference, and has appointed Reps. Cotty, J. H. Neal and Limehouse to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 588 (Word version) -- Senators McConnell, Lourie, Rankin, Land and Ritchie: 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.

PRESIDENT PRESIDES

At 12:24 P.M., the PRESIDENT assumed the Chair.

SECOND READING BILL

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

S. 218 (Word version) -- Senator Courson: A BILL TO AMEND ARTICLE 5, CHAPTER 9, TITLE 25 OF THE 1976 CODE, RELATING TO THE EMERGENCY MANAGEMENT ASSISTANCE COMPACT, TO NAME THE COMPACT THE EMERGENCY MANAGEMENT ASSISTANCE COMPACT INSTEAD OF THE SOUTHERN REGIONAL EMERGENCY MANAGEMENT ASSISTANCE COMPACT; TO AMEND ARTICLE 4, CHAPTER 1, TITLE 25, RELATING TO THE EMERGENCY MANAGEMENT DIVISION, TO PROVIDE THAT THE EMERGENCY MANAGEMENT DIVISION IS RESPONSIBLE FOR IMPLEMENTING AN INCIDENT MANAGEMENT SYSTEM, AND TO PROVIDE THAT THE GOVERNOR SHALL DEVELOP AND COORDINATE AN EMERGENCY MANAGEMENT SYSTEM THAT INCLUDES CERTAIN PROVISIONS AND PROCEDURES.

MINORITY REPORT REMOVED
COMMITTEE AMENDMENT AMENDED AND ADOPTED
READ THE SECOND TIME

S. 214 (Word version) -- Senators Hawkins and Elliott: A BILL TO AMEND SECTION 59-67-420 OF THE 1976 CODE, RELATING TO THE EXTENT OF SCHOOL-RELATED TRANSPORTATION TO BE PROVIDED TO STUDENTS BY THE STATE, TO REDUCE THE AREA FOR WHICH THE STATE ASSUMES NO OBLIGATION TO TRANSPORT ANY CHILD TO OR FROM SCHOOL FROM WITHIN ONE AND ONE-HALF MILES OF THE SCHOOL HE ATTENDS TO ONE-HALF OF A MILE.

Senator CLEARY asked unanimous consent to remove his name from the minority report.

There was no objection and the minority report was removed.

Senator HAYES asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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

Senators CLEARY and KNOTTS proposed the following amendment (214R002.REC), which was adopted:

Amend the committee report, as and if amended, SECTION 2, page [214-2], by striking lines 4 through 5 and inserting:

/ secondary students to or from school. /

Amend the committee report further, as and if amended, page [214-3], by striking SECTIONS 5 and 6 in their entirety and inserting:

/ SECTION 5. Section 59-67-270 of the 1976 Code is amended to read:

"Section 59-67-270. (A)(1) All publicly owned or leased school buses, including buses owned or leased by a public school district, must be inspected annually in compliance with the State Department of Education annual school bus inspection program. The State Department of Education shall assist in this requirement by providing the training and certification of a limited number of personnel designated by a school district to perform the inspection, providing the inspection manuals and forms, and supplying the inspection certificate stickers for the school buses. The State Department of Education's assistance must be free of charge.

(2) All privately owned vehicles designed and used to transport ten or more preprimary, primary, or secondary students to or from school, school-related activities, or childcare must be inspected annually. Inspections for these privately owned vehicles must comply with applicable federal inspection requirements. A copy of the vehicle inspection report must be kept on these vehicles at all times.

(3) The owner or lessee of a school bus shall be solely responsible for the implementation and accountability of school bus inspections.

(B) All school buses ~~shall be~~ are subject to inspection at any time or place by officers of the State ~~Highway Patrol~~ Transport Police or inspection forces. No A school bus ~~shall~~ may not continue in operation in the transportation of ~~pupils~~ students when the annual inspection is more than twelve months old or the school bus is found to be unsafe after any inspection until the unsafe conditions disclosed by ~~such~~ the inspection ~~shall~~ have been corrected."

SECTION 6. Section 59-67-420 of the 1976 Code is amended to read:

"Section 59-67-420. (A) The State, acting through the State Board of Education, assumes no obligation to transport any ~~child~~ student to or from school who lives within ~~one and~~ one-half mile ~~miles~~ of the school he attends, nor to provide transportation services extending within ~~a one-half~~ three-tenths of a mile ~~radius~~ walking distance of the residence of any ~~child~~ student, nor to furnish transportation for any ~~child~~ student who attends ~~a grade in~~ a school outside the ~~pupil's district~~ school attendance zone in which the student resides when the same grade is taught in an appropriate school that is located within the school district in which the ~~pupil lives~~ student resides. The State shall bear the cost of transporting ~~pupils~~ students to regularly organized instructional classes in the ~~district or~~ school attendance area for which state-required school credit is given ~~must be borne by the State~~. The cost of transportation for new programs conducted by the school districts must be borne by the school district until such time as the program is approved by the State Board of Education and adequate funding for the cost of transportation for the programs is arranged. The State is not responsible for any additional transportation that is not authorized by state law or regulation.

(B) The State may assume the obligation of transporting students living within ~~one and~~ one-half mile ~~miles~~ of their schools and within ~~a one-half~~ three-tenths of a mile ~~radius~~ walking distance of their residences when it is for the health and safety of the ~~children~~ students where hazardous traffic conditions are involved, provided funds are appropriated annually by the General Assembly for this purpose. In these cases, the local school district ~~may~~ shall apply in writing to the State Department of Education for the ~~department~~ State to assume the financial responsibility for this transportation, ~~for the health and safety of the children involved~~ provided funds are appropriated annually by the General Assembly for this purpose. If funds are not appropriated by the General Assembly, then neither the State nor a local school district is required to assume this obligation. In its application, local school districts shall assign priority to its requests for transportation on the basis of children's ages, with the youngest children subject to hazardous conditions receiving the highest priorities. After examining the request, the state department shall render a decision on each application based on the location of the schools in relation to students' homes, the traffic patterns on adjacent roads, the existence of sidewalks, children's ages, and other factors considered pertinent. The state department shall not approve local district applications that have not assigned priority on the basis of children's ages, with the youngest children receiving highest priority. Highway and railroad traffic hazardous criteria must be established by the school district governing body and must address the safety of the walk zone as it relates to the location of the school to the student's residence, the traffic patterns, speeds and volume on roadways and railroads, the existence of sidewalks or other walk paths, the student's age, available crossing control systems and personnel, and other factors considered pertinent. The districts shall weigh the need for state hazardous transportation funds by giving priority to students who are least familiar with traffic movement and the complexity of the traffic hazards. The Department of Education shall equitably allocate appropriated funds to the district for hazardous transportation services, provided funds are appropriated by the General Assembly for this purpose. The department shall receive each district's applications for transportation within a hazardous area and apply these against the district's allocation until available funds are exhausted. When available state funds are exhausted, the remaining costs are the responsibility of the respective district, if the local school district has elected to assume this obligation. If funds are not appropriated by the General Assembly, then neither the State nor a local school district shall be required to assume this obligation.

(C) ~~Regardless of the provisions of the first paragraph of this section~~ Notwithstanding the provisions of subsection (A), the State shall transport and bear the cost of transporting ~~five-year old~~ four-year-old ~~children~~ students attending public school ~~kindergarten~~ programs to their residences at the conclusion of a morning ~~kindergarten~~ child development session and from their residences to an afternoon ~~kindergarten~~ child development session.

(D) The State shall provide school transportation service as closely and safely as practicable, to the residence of each unescorted student who is eligible to receive state funded school transportation service and who is enrolled in a full-day four-year-old child development program or kindergarten through the second grade, provided funds are appropriated annually by the General Assembly for this purpose. The State shall provide school transportation service within two-tenths of a mile of each unescorted student's residence who is eligible to receive state funded school transportation service and who is enrolled in third through fifth grade provided funds are appropriated annually by the General Assembly for this purpose. The special provisions of unescorted students in child development through fifth grade are limited to service documented in the annual route plan. If funds are not appropriated by the General Assembly, then neither the State nor a local school district is required to assume this obligation. Any unescorted stop made pursuant to this subsection is deemed in compliance with any applicable regulation.

(E) An unescorted student is defined as a student who has no adult or responsible older person available to accompany him to or from the school bus stop for the purpose of providing protection and guidance. Parents or guardians may be considered unavailable for escort if they make application to, meet the unescorted criteria established by, and are granted approval by the school district governing body. The extent and level of service for students will be established and implemented by each individual school district to assure that the most efficient, safe, and timely service possible is provided. To insure equitable distribution of available funds, the State Department of Education must approve the school district criteria associated with the distribution of funds as provided in this subsection. The criteria may consider parents and guardians who are nonambulatory, who are caretakers for a person requiring their undivided attention, or for other similar circumstances.

(F) The State shall provide to the local school district the number of school buses required to accommodate all students identified as eligible for transport with state funds under the provisions of Section 59-67-420." /

Renumber sections to conform.

Amend title to conform.

Senators HAYES and CLEARY explained the amendment.

The amendment was adopted.

The Committee on Education proposed the following amendment (NBD\11508AC07), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ SECTION 1. Article 1, Chapter 67, Title 59 of the 1976 Code is amended by adding:

"Section 59-67-105. (A) A student may not ride continuously on a state-owned school bus for more than ninety minutes. With the approval of the Department of Education, the ninety-minute maximum ride time may be exceeded when the area's geography requires longer than average highway travel because of a circuitous or meandering road network, extremely low population density, or waterway barriers. The ninety-minute maximum ride time may be exceeded when attendance zones are multidistrict or countywide.

(B) The Department of Education annually shall assure that state-owned school buses are routed in the most efficient manner and shall require that they are operated only on adequately maintained and safe public and private accessible highways and streets."

SECTION 2. Article 1, Chapter 67, Title 59 of the 1976 Code is amended by adding:

"Section 59-67-108. (A) Only a person who has been certified by the State Board of Education may drive a school bus, as defined in Section 59-67-10, when transporting preprimary, primary, or secondary students to or from school, school-related activities, or childcare.

(B) Any person transporting ten or more preprimary, primary, or secondary students to or from school, school-related activities, or childcare in a vehicle with enabled traffic control devices must receive training as to the proper operation of these traffic control devices."

SECTION 3. Article 3, Chapter 67, Title 59 of the 1976 Code is amended by adding:

"Section 59-67-415. Parents or guardians are responsible for the safety, conduct, and the timely arrival of their children to, from, and at the designated school bus stop before the arrival of the school bus for pick up and transport to school and the timely departure of the child after the school bus leaves the designated school bus stop after transporting the children from school. For purposes of this section, the phrase 'arrival of the school bus' includes the time that the school bus assigned to the school bus stop activates the required pedestrian safety devices, stops, and loads or unloads students until the school bus deactivates all pedestrian safety devices."

SECTION 4. Section 59-67-100 of the 1976 Code is amended to read:

"Section 59-67-100. Sufficient seating space ~~shall~~ must be provided so far as practicable for each passenger transported inside each school bus, no an aisle in the school bus ~~shall~~ must not be less than twelve inches in width and all seats ~~shall~~ must be securely fastened to the floor or body of the vehicle. All ~~pupils~~ students must be within the body of the bus at all times while the bus is in motion. ~~They shall not be permitted to ride on the running boards or in~~ Students are not permitted any ~~other~~ place outside the bus~~, nor shall they be permitted to~~ and may not ride with heads or arms protruding through open windows. Commencing with the 1974-75 school year, the number of pupils transported on a school bus shall not exceed by more than ten percent the manufacturer's rated seating capacity of such bus; and by the school year 1975-76, seating space shall be provided for each pupil transported. The number of students assigned to a school bus must not be greater than the manufacturer certified seating capacity, and all passengers transported must have adequate seating area to comply with the occupant protection performance standards required in the Federal Motor Vehicle Safety Standards. Provided, however, that a limited number of ~~standees~~ excess passengers on regular routes may be permitted until the bus routes can be adjusted to accommodate the overload but not to exceed twenty school days."

SECTION 5. Section 59-67-270 of the 1976 Code is amended to read:

SECTION 6. Section 59-67-420 of the 1976 Code is amended to read:

"Section 59-67-420. (A) The State, acting through the State Board of Education, assumes no obligation to transport any ~~child~~ student to or from school who lives within one and one-half miles of the school he attends, nor to provide transportation services extending within a one-half mile ~~radius~~ of the residence of any ~~child~~ student, nor to furnish transportation for any ~~child~~ student who attends ~~a grade in~~ a school outside the ~~pupil's district~~ school attendance zone in which the student resides when the same grade is taught in an appropriate school that is located within the school district in which the ~~pupil lives~~ student resides. The State shall bear the cost of transporting ~~pupils~~ students to regularly organized instructional classes in the ~~district or~~ school attendance area for which state-required school credit is given ~~must be borne by the State~~. The cost of transportation for new programs conducted by the school districts must be borne by the school district until such time as the program is approved by the State Board of Education and adequate funding for the cost of transportation for the programs is arranged. The State is not responsible for any additional transportation that is not authorized by state law or regulation.

(B) The State may assume the obligation of transporting students living within one and one-half miles of their schools and within a one-half mile ~~radius~~ of their residences when it is for the health and safety of the ~~children~~ students where hazardous traffic conditions are involved provided funds are appropriated annually by the General Assembly for this purpose. In these cases, the local school district ~~may~~ shall apply in writing to the State Department of Education for the ~~department~~ State to assume the financial responsibility for this transportation ~~for the health and safety of the children involved~~ provided funds are appropriated annually by the General Assembly for this purpose. If funds are not appropriated by the General Assembly, then neither the State nor a local school district is required to assume this obligation. In its application, local school districts shall assign priority to its requests for transportation on the basis of children's ages, with the youngest children subject to hazardous conditions receiving the highest priorities. After examining the request, the state department shall render a decision on each application based on the location of the schools in relation to students' homes, the traffic patterns on adjacent roads, the existence of sidewalks, children's ages, and other factors considered pertinent. The state department shall not approve local district applications that have not assigned priority on the basis of children's ages, with the youngest children receiving highest priority. Highway and railroad traffic hazardous criteria must be established by the school district governing body and must respond to the safety of the walk zone as it relates to the location of the school to the student's residence, the traffic patterns, speeds and volume on roadways and railroads, the existence of sidewalks or other walk paths, the student's age, available crossing control systems and personnel, and other factors considered pertinent. The districts shall weigh the need for the state hazardous transportation funds by giving priority to students who are least familiar with traffic movement and the complexity of the traffic hazards. The Department of Education shall equitably allocate appropriated funds to the district for hazardous transportation services provided funds are appropriated by the General Assembly for this purpose. The department shall receive each district's applications for transportation within a hazardous area and apply these against the district's allocation until available funds are exhausted. When available state funds are exhausted, the remaining costs are the responsibility of the respective district if the local school district has elected to assume this obligation.

(D) The State shall provide school transportation service to and from the residence of each unescorted student who is eligible to receive state-funded school transportation service and who is enrolled in a full-day four-year-old child development program or kindergarten through the second grade provided funds are appropriated annually by the General Assembly for this purpose. The State shall provide school transportation service within two-tenths of a mile of each unescorted student who is eligible to receive state-funded school transportation service and who is enrolled in third through fifth grade provided funds are appropriated annually by the General Assembly for this purpose. The special provisions of unescorted students in child development through fifth grade are limited to service documented in the annual route plan. If funds are not appropriated by the General Assembly, then neither the State nor a local school district is required to assume this obligation.

(E) An unescorted student is defined as a student who has no adult or responsible older person available to accompany him to or from the school bus stop for the purpose of providing protection and guidance. Parents or guardians may be considered unavailable for escort and exempt from the provisions of Section 59-67-415 if they make application to, meet the unescorted criteria established by, and are granted approval by the school district governing body. These criteria must be approved by the State Department of Education. The criteria shall consider parents and guardians who are nonambulatory, a caretaker for a child under the age of one year or another person requiring their undivided attention, or for other similar circumstances.

SECTION 7. Article 1, Chapter 67, Title 59 of the 1976 Code is amended by adding:

"Section 59-67-580. (A) With funds appropriated by the General Assembly for school bus purchases, the State Board of Education shall implement a school bus replacement cycle to replace approximately one-fifteenth of the fleet each year with new school buses, resulting in a complete replacement of the fleet every fifteen years. These funds must not be used for school bus maintenance or fuel.

(B) With funds appropriated by the General Assembly for transportation grant programs, the department shall establish a grant program to fund transportation of students to alternate public schools including, but not limited to, vocational second and third choice schools, magnet schools, montessori schools, international baccalaureate schools, and English as a second language schools. Those districts having alternate public schools may apply to the department for grant funds to pay for the additional cost of transporting students to these schools. If funds are not appropriated by the General Assembly for this purpose, then neither the State nor a local school district is required to assume this obligation."

SECTION 8. Article 1, Chapter 67, Title 59 of the 1976 Code is amended by adding:

"Section 59-67-585. The State Department of Education, when feasible, shall utilize biodiesel fuel as an energy source to power the state school bus fleet."

SECTION 9. Article 1, Chapter 67, Title 59 of the 1976 Code is amended by adding:

"Section 59-67-300. State-owned school buses must be parked overnight and during the school day in a location that is central to the area in which the school buses are operated. The Department of Education shall grant a waiver to the requirements of this section if a waiver is requested by the district superintendent in compliance with Department of Education policies."

SECTION 10. This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

MINORITY REPORT REMOVED
COMMITTEE AMENDMENT TABLED
AMENDED, READ THE SECOND TIME

H. 3161 (Word version) -- Reps. Walker, Mahaffey, Herbkersman, Cotty, Hagood, Scarborough and Stavrinakis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-105 SO AS TO PROVIDE FOR THE MAXIMUM SCHOOL BUS RIDE TIME OF EACH STUDENT AND ROUTING EFFICIENCY FOR EACH SCHOOL BUS; BY ADDING SECTION 59-67-108 SO AS TO PROVIDE FOR REQUIRED SCHOOL BUS DRIVER CERTIFICATION TRAINING; BY ADDING SECTION 59-67-415 SO AS TO PROVIDE THAT PARENTS ARE RESPONSIBLE FOR THE SAFETY, CONDUCT, AND TIMELY ARRIVAL OF THEIR CHILDREN TO, FROM, AND AT THE SCHOOL BUS STOP; TO AMEND SECTION 59-67-100, RELATING TO SCHOOL BUS SEATING SPACE AND STUDENTS ASSIGNED TO A SCHOOL BUS, SO AS TO PROVIDE THAT THE NUMBER OF STUDENTS ASSIGNED TO A SCHOOL BUS MUST NOT BE GREATER THAN THE MANUFACTURER CERTIFIED SEATING CAPACITY AND PROVIDE THAT ALL PASSENGERS TRANSPORTED MUST HAVE ADEQUATE SEATING AREA TO COMPLY WITH CERTAIN STANDARDS; TO AMEND SECTION 59-67-270, RELATING TO INSPECTION OF BUSES, SO AS TO PROVIDE THAT SCHOOL BUSES MUST BE INSPECTED AT LEAST ONCE ANNUALLY; AND TO AMEND SECTION 59-67-420, RELATING TO TRANSPORTATION TO BE PROVIDED TO STUDENTS, SO AS TO PROVIDE THAT THE STATE SHALL BEAR THE COST OF TRANSPORTING STUDENTS WHEN THE TRANSPORTATION IS AUTHORIZED BY STATE LAW OR REGULATION, PROVIDE THAT THE STATE MAY ASSUME THE RESPONSIBILITY OF TRANSPORTING STUDENTS WHO LIVE WITHIN A CERTAIN DISTANCE OF THE SCHOOL WHEN HAZARDOUS TRAFFIC CONDITIONS ARE INVOLVED, PROVIDE THAT THE SCHOOL DISTRICT SHALL ESTABLISH HAZARDOUS TRAFFIC CRITERIA, PROVIDE FOR HAZARDOUS TRAFFIC FUNDS, PROVIDE THAT THE STATE SHALL PROVIDE TRANSPORTATION TO AND FROM THE RESIDENCE OF EACH UNESCORTED STUDENT PURSUANT TO CERTAIN CIRCUMSTANCES AND DEFINE UNESCORTED STUDENT.

Senator CLEARY asked unanimous consent to remove his name from the minority report.

There was no objection and the minority report was removed.

Senator HAYES asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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

The Committee on Education proposed the following amendment (NBD\11486AC07), which was tabled:

Amend the bill, as and if amended, by deleting Section 59-67-420(E) and inserting:

/(E) An unescorted student is defined as a student who has no adult or responsible older person available to accompany him to or from the school bus stop for the purpose of providing protection and guidance. Parents or guardians may be considered unavailable for escort and exempt from the provisions of Section 59-67-415 if they make application to, meet the unescorted criteria established by, and are granted approval by the school district governing body. These criteria must be approved by the State Department of Education. The criteria shall consider parents and guardians who are nonambulatory, a caretaker for a child under the age of one year or another person requiring their undivided attention, or for other similar circumstances./

Amend the bill, further, Section 59-67-420, page 6, immediately after line 37 by inserting:

/(F) The State shall provide to the local school district the number of school buses required to accommodate all students identified as eligible for transport with state funds in the provisions of Section 59-67-420. /

Amend the bill, further, by deleting Section 59-67-300 on page 7 and inserting:

/Section 59-67-300. State-owned school buses must be parked overnight and during the school day in a location that is central to the area in which the school buses are operated. The Department of Education shall grant a waiver to the requirements of this section if a waiver is requested by the district superintendent and in compliance with Department of Education policy./

Renumber sections to conform.

Amend title to conform.

On motion of Senator HAYES, with unanimous consent, the committee amendment was tabled.

Senators CLEARY, HAYES, and KNOTTS proposed the following amendment (3161R004.REC), which was adopted: