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.

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

In Philippians Paul asserts:

"Rejoice in the Lord always; again I will say, Rejoice!"
(Philippians 4:4)

Let us pray:

Gracious and loving God, we give You praise today for the many, many reasons we have here in South Carolina to rejoice, to celebrate the richness of Your blessings found in this State. Continue to lead us-all of us-to respect and to care for and to use wisely the incredible wealth we have: in our natural resources, in the opportunities which embrace all of us, in the unlimited talent found within and among our citizens themselves. Lead these Senators to labor diligently and wisely to make the best use of our many Carolina treasures for the betterment of all our citizens. In Your wondrous name we pray, O Lord.
Amen.

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

The following appointments were transmitted by the Honorable Mark C. Sanford:

Initial Appointment, Greenwood County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011

W. Rutledge Martin, 106 Sheffield Rd., Greenwood, S.C. 29646 VICE Lasonia Williams

Initial Appointment, South Carolina Public Charter School District Board of Trustees, with term to commence July 1, 2006, and to expire July 1, 2008

SC School Board Assn.:

Kathleen M. Bounds, 1104 Hollybrooke Drive, Moncks Corner, S.C. 29461

Referred to the Committee on Education.

Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 2005, and to expire June 30, 2008

At-Large:

Barbara R. Nwokike, Naval Facilities Engineering Command, Southeast, 4130 Faber Place Drive, Suite 202, North Charleston, S.C. 29405 VICE Patricia Wilson

Referred to the Committee on Education.

Reappointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 2006, and to expire July 1, 2010

2nd Congressional District:

R. Michael Cambell II, 131 High Knoll Rd., Columbia, S.C. 29223

Referred to the Committee on Fish, Game and Forestry.

Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 2006, and to expire May 19, 2010

6th Congressional District:

Octavia P. Williams-Blake, 611 Chaucer Drive, Florence, S.C. 29505 VICE Dwayne Buckner

Referred to the General Committee.

Initial Appointment, South Carolina Board of Real Estate Appraisers, with term to commence May 31, 2005, and to expire May 31, 2008

Appraiser - General:

Andrew "Drew" S. Johnson, 889 Fieldgate Circle, Pawleys Island, S.C. 29585 VICE Ralph Edwards

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 27, 2007, and to expire July 27, 2010

1st Congressional District:

Everard O. Rutledge, Bon Secours Health System, Inc., Suite 214 West, 2097 Henry Tecklenburg Dr., Charleston, S.C. 29414

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 27, 2006, and to expire July 27, 2009

2nd Congressional District:

Peter M. Brown, Colite International, Ltd., P. O. Box 4005, West Columbia, S.C. 29171

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina Panel for Dietetics, with term to commence May 30, 2007, and to expire May 30, 2009

Consulting - SCDA:

Nancy R. Taylor, NuCommunity, LLC, 135 Eagles Nest Drive, Suite J1, Seneca, S.C. 29678

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina Panel for Dietetics, with term to commence May 30, 2007, and to expire May 30, 2009

Dietetics Educator:

Dr. Mary Etta Moorachian, 1735 Bentgrass Lane, Tega Cay, S.C. 29708

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina Panel for Dietetics, with term to commence May 30, 2007, and to expire May 30, 2009

Public:

Megan A. Faulkner, Trident United Way, 6296 Rivers Ave., Charleston, S.C. 29406

Referred to the Committee on Medical Affairs.

Initial Appointment, State Board of Pharmacy, with term to commence June 30, 2007, and to expire June 30, 2013

5th Congressional District:

Hubert "Hugh" F. Mobley, R. Ph., Mobley Drugs, Inc., 1073 West Meeting Street, Lancaster, S.C. 29720 VICE Marvin Hyatt

Referred to the Committee on Medical Affairs.

Initial Appointment, Medical Diciplinary Commission of the State Board of Medical Examiners, with term to commence July 1, 2007, and to expire July 1, 2010

Public/Layman:

Paula Suzette Jordon, Bob Jones University, 1700 Wade Hampton Blvd., Greenville, S.C. 29614

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina Panel for Dietetics, with term to commence May 30, 2007, and to expire May 30, 2009

Management of Nutritional Services

G. Robert Bowers, 306 Sassafras Drive, Easley, S.C. 29642

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina Panel for Dietetics, with term to commence May 30, 2007, and to expire May 30, 2009

Community Health - SCDA:

Phyllis A. Allen, SC DHEC, 2600 Bull St., Box 101106, Columbia, S.C. 29201

Referred to the Committee on Medical Affairs.

Senator GROOMS introduced Dr. Dana E. King of Mount Pleasant, S.C., Doctor of the Day.

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

Senator COURSON rose for an Expression of Personal Interest.

Senator MALLOY rose for an Expression of Personal Interest.

S. 714 (Word version) -- Senators Leatherman, Reese, Alexander, Patterson, Moore, Thomas, Williams, Ford, Hutto, Malloy, Anderson, Martin, Elliott, Land, O'Dell, Cleary, Rankin, Knotts, Scott, Cromer, Matthews, Pinckney, McGill, Hayes, Drummond, Hawkins, Lourie, Setzler and Jackson: A BILL TO AMEND SECTION 2-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED REGARDING LOBBYISTS AND LOBBYING, SO AS TO DEFINE A "POLITICAL AWARENESS ORGANIZATION"; BY ADDING SECTION 2-17-27 SO AS TO PROVIDE FOR THE MANNER OF REGISTRATION OF POLITICAL AWARENESS ORGANIZATIONS; BY ADDING SECTION 2-17-37 SO AS TO PROVIDE FOR THE FILING OF A CERTIFIED CONTRIBUTION REPORT BY A POLITICAL AWARENESS ORGANIZATION; AND TO AMEND SECTION 2-17-130, RELATING TO PENALTIES FOR VIOLATIONS BY LOBBYISTS OR LOBBYIST'S PRINCIPALS, SO AS TO PROVIDE A PENALTY FOR A POLITICAL AWARENESS ORGANIZATION WHICH WILFULLY VIOLATES THE PROVISIONS OF CHAPTER 17, TITLE 2, LOBBYISTS AND LOBBYING.

On motion of Senator SETZLER, with unanimous consent, the name of Senator SETZLER was removed as a co-sponsor of S. 714.

H. 3845 (Word version) -- Reps. Harvin, Kennedy and Anderson: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 521 IN CLARENDON COUNTY, BEGINNING AT THE SUMTER COUNTY LINE AND ENDING AT THE WILLIAMSBURG COUNTY LINE THE "JOHN C. LAND III HIGHWAY" AND ERECT APPROPRIATE SIGNS OR

Senator GROOMS asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

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

The following were introduced:

S. 724 (Word version) -- Senator Courson: A SENATE RESOLUTION CONGRATULATING THE HOME BUILDERS ASSOCIATION OF GREATER COLUMBIA ON THE OCCASION OF ITS FIFTIETH ANNIVERSARY, THANKING ALL MEMBERS OF THE ASSOCIATION FOR THEIR COMMITMENT TO HIGH BUILDING STANDARDS, AND WISHING THEM MUCH CONTINUED SUCCESS.
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The Senate Resolution was adopted.

S. 725 (Word version) -- Senator Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-90 SO AS TO PROHIBIT A MUNICIPAL LAW ENFORCEMENT OFFICER FROM REQUIRING OR REQUESTING THAT A PERSON CHARGED BY THAT OFFICER WITH A TRAFFIC OFFENSE PROVIDE A SOCIAL SECURITY NUMBER; AND TO AMEND SECTION 12-56-20, AS AMENDED, RELATING TO DEFINITIONS, INCLUDING THE DEFINITION OF "DELINQUENT DEBT" FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO PROVIDE THAT A DELINQUENT DEBT DOES NOT INCLUDE A FINE, ASSESSMENT, AND COSTS RESULTING FROM CONVICTION OF A TRAFFIC OFFENSE IN MUNICIPAL COURT.
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Senator KNOTTS spoke on the Bill.

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

S. 726 (Word version) -- Senators Grooms, McGill, Rankin, Cleary, Reese, Bryant, Alexander, O'Dell, Verdin, Ford, Williams, McConnell, Short, Knotts, Land, Setzler, Malloy, Leatherman, Jackson, Hayes, Scott, Peeler, Sheheen, Thomas, Ryberg, Patterson, Vaughn, Fair, Hutto, Pinckney, Gregory, Moore, Anderson, Drummond, Hawkins, Campsen, Courson, Cromer, Matthews and Ritchie: A BILL TO AMEND CHAPTER 29, TITLE 59 OF THE 1976 CODE, RELATING TO SUBJECTS OF INSTRUCTION IN PUBLIC SCHOOLS, BY ADDING SECTION 59-29-230, TO PROVIDE THAT THE BOARD OF TRUSTEES OF ANY STATE SCHOOL DISTRICT MAY OFFER AN ELECTIVE COURSE TEACHING THE HISTORY AND LITERATURE OF THE OLD TESTAMENT ERA AND AN ELECTIVE COURSE TEACHING THE HISTORY AND LITERATURE OF THE NEW TESTAMENT ERA; TO PROVIDE THAT THE COURSES MUST BE TAUGHT IN AN OBJECTIVE MANNER WITH NO ATTEMPT TO INDOCTRINATE STUDENTS; TO PROVIDE THAT THE STATE BOARD OF EDUCATION MUST DEVELOP AND ADOPT CURRICULA, MATERIALS, AND GUIDELINES FOR THE COURSES; TO PROVIDE FOR OVERSIGHT OF THE CLASSES BY THE LOCAL BOARD OF TRUSTEES, AND TO PROVIDE THAT STUDENTS AND TEACHERS MAY USE VERSIONS OF THE OLD AND NEW TESTAMENT THAT DIFFER FROM THE VERSIONS RECOMMENDED BY THE LOCAL BOARD OF TRUSTEES.
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Read the first time and referred to the Committee on Education.

H. 3172 (Word version) -- Reps. Toole, Littlejohn and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1792 SO AS TO PROVIDE THAT AN ADOPTEE TWENTY-ONE YEARS OF AGE OR OLDER MAY OBTAIN A COPY OF HIS OR HER ORIGINAL RECORD OF BIRTH FROM THE STATE REGISTRAR UNLESS WITHIN THE PAST THREE YEARS THE ADOPTEE'S BIRTH PARENT HAS FILED A NOTARIZED FORM WITH THE STATE REGISTRAR PROHIBITING RELEASE OF IDENTIFYING INFORMATION; TO REQUIRE A BIRTH PARENT TO BE GIVEN INFORMATION ABOUT PROHIBITING RELEASE OF SUCH INFORMATION AT THE TIME OF EXECUTING A CONSENT OR RELINQUISHMENT FOR ADOPTION; TO PROVIDE THAT THIS ACT APPLIES TO ADOPTIONS FINALIZED AFTER JUNE 30, 2008, AND APPLIES

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

H. 3569 (Word version) -- Reps. Harrell, Loftis, Govan, Merrill, Simrill, Bingham, Shoopman, Bannister, Haley, Bedingfield, Mitchell, Herbkersman, F. N. Smith, Anderson, Anthony, Bales, Barfield, Bowen, Bowers, R. Brown, Cato, Cooper, Davenport, Duncan, Edge, Frye, Funderburk, Hardwick, Harrison, Harvin, Hayes, Hinson, Hiott, Howard, Jennings, Limehouse, Littlejohn, Lowe, Lucas, Mahaffey, Miller, Neilson, Owens, Pinson, M. A. Pitts, Rice, Sandifer, J. R. Smith, Taylor, Umphlett, Whitmire, Witherspoon, Young, Knight, Talley, Walker, Ballentine and Hart: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA WIRELESS TECHNOLOGY AND COMMUNICATIONS COMMISSION FOR THE PURPOSE OF IMPLEMENTING A STATEWIDE WIRELESS BROADBAND NETWORK AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES.

Read the first time and, on motion of Senator RITCHIE, with unanimous consent, H. 3569 was ordered placed on the Calendar without reference.

H. 3783 (Word version) -- Reps. Limehouse, Crawford and Bales: A BILL TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIENNIAL LICENSE TAXES GRANTED PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO REDUCE THE BIENNIAL FEE FOR THE MANUFACTURER'S LICENSE FROM FIFTY THOUSAND DOLLARS TO ONE THOUSAND DOLLARS.

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

H. 3983 (Word version) -- Rep. Anderson: A BILL TO PROVIDE THAT BEGINNING JULY 1, 2007, THE BOARD OF TRUSTEES OF THE WILLIAMSBURG COUNTY SCHOOL DISTRICT SHALL CONSIST OF SEVEN MEMBERS APPOINTED FROM THE DISTRICT AT LARGE BY THE GOVERNOR UPON THE RECOMMENDATION OF THE WILLIAMSBURG COUNTY LEGISLATIVE DELEGATION, TO PROVIDE FOR THEIR TERMS OF OFFICE, AND TO REPEAL SECTION 1 OF ACT 632 OF 1980,

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

On motion of Senator McGILL, with unanimous consent, the Bill was laid on the table.

H. 4004 (Word version) -- Reps. Scott, 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, 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 HONOR MRS. FRANCENIA D. MOORE, OF RICHLAND COUNTY, ON THE OCCASION OF MOTHER'S DAY, AND TO WISH HER A JOYOUS CELEBRATION AND MANY MORE YEARS OF HEALTH AND HAPPINESS.

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

H. 4005 (Word version) -- Rep. Duncan: A CONCURRENT RESOLUTION TO RECOGNIZE THE RICH HISTORY OF THE TEXTILE LEAGUE BASEBALL TEAMS IN SOUTH CAROLINA AND TO APPRECIATE THE MANY SOUTH CAROLINIANS WHO PARTICIPATED IN THE LEAGUES AND ACKNOWLEDGE

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

S. 720 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION RECOGNIZING THE WEEK OF APRIL 30th THROUGH MAY 4TH AS NATIONAL CHARTER SCHOOL WEEK, AND ACKNOWLEDGING THE IMPORTANCE OF EDUCATING THE CHILDREN OF SOUTH CAROLINA IN A CREATIVE AND NON-TRADITIONAL STYLE.

Returned with concurrence.

Received as information.

S. 721 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO EXPRESS THE GRATITUDE OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. VINCE RHODES FOR HIS TWENTY-SIX YEARS OF CONTINUOUS SERVICE AS A MEMBER OF THE WIL LOU GRAY OPPORTUNITY SCHOOL BOARD OF TRUSTEES AND TO WISH HIM MUCH SUCCESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.

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

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

S. 584 (Word version) -- Senators Campsen, Bryant, Hayes, Williams, Cromer, Elliott, Thomas, Mescher, Verdin, Martin and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-240 TO ENACT THE "FAMILY COURT FINANCIAL PRIVACY ACT" SO AS TO PROVIDE THAT A FINANCIAL DECLARATION MADE A PART OF THE RECORD IN A MATTER BEFORE THE FAMILY COURT MUST BE SEALED, TO PROVIDE ACCESS TO A FINANCIAL DECLARATION UPON REQUEST ONLY BY THE PARTIES, THE

H. 3256 (Word version) -- Rep. Taylor: A BILL TO AMEND SECTION 38-57-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADVERTISING GIFTS GIVEN BY INSURANCE AGENTS TO INSUREDS AND OTHERS, SO AS TO INCREASE FROM FIVE TO TWENTY-FIVE DOLLARS THE VALUE OF MERCHANDISE OR AN ARTICLE WHICH MAY BE GIVEN.

S. 719 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO SEASONS, LIMITS, METHODS OF TAKE, AND SPECIAL USE RESTRICTIONS ON WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3120, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 686 (Word version) -- Senator Sheheen: A BILL TO AMEND CHAPTER 13, TITLE 50 OF THE 1976 CODE BY ADDING SECTION 50-13-12, TO PROVIDE THAT IT IS UNLAWFUL TO SNAG A FISH.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

The Committee on Fish, Game and Forestry proposed the following amendment (GJK\20321SD07), which was adopted:

Amend the bill, as and if amended, by striking Section 50-13-12 of the 1976 Code, as contained in SECTION 1, and inserting:

/   Section 50-13-12.   It is unlawful to take fish by snagging, pulling, or jerking a device equipped with one or more hooks through the water for the purpose of impaling fish within one thousand feet downstream of a hydroelectric dam. Nothing in this section prohibits the use of lures or baited hooks for the purpose of catching fish.   /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the committee amendment.

The committee amendment was adopted.

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

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

At 12:32 P.M., Senator MARTIN assumed the Chair.

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

HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF REPORTS OF COMMITTEES OF CONFERENCE AND FREE CONFERENCE.

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

On motion of Senator HAYES, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator HAYES spoke on the report.

At 12:39 P.M., the PRESIDENT assumed the Chair.

Senator HAYES resumed explaining the report.

On motion of Senator HAYES, the Report of the Committee of Conference to H. 3097 was adopted as follows:

The Committee of Conference, to whom was referred:

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,

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 3/14/07-S.)

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

/   SECTION   1.   Title 59 of the 1976 Code is amended by adding:

Section 59-16-10.   (A)   The General Assembly finds that:

(1)   through the use of technology, South Carolina can create educational opportunities for the students of this State that may not exist without such technology; and

(2)   using technology to deliver instruction can provide effective alternatives for credit recovery, meeting graduation requirements, resolving scheduling conflicts, delivering curriculum content when there is a shortage of certified personnel, providing a more flexible and individualized instructional pace, and offering low-incidence courses.

(B)   It is the purpose of the General Assembly, in this chapter to establish the South Carolina Virtual School Program to ensure consistent high quality education for the students of South Carolina utilizing technology-delivered courses.

Section 59-16-15.   (A)   The State Board of Education is authorized to establish the South Carolina Virtual School Program to provide South Carolina students access to distance, online, or virtual learning

(B)   A public, private, or homeschool student residing in South Carolina who is twenty-one years of age or younger shall be eligible to enroll in the South Carolina Virtual School Program. A private school or home school student enrolled in the South Carolina Virtual School Program must not be entitled to any rights, privileges, courses, activities, or services available to a public school student other than receiving an appropriate unit of credit for a completed course.

(C)   Students may be awarded a maximum of three online initial credits in a school year, and no more than twelve online initial credits throughout high school. However, the State Board of Education shall establish an appeals process whereby the governing body of the student's school district may grant a waiver to exceed the established limit.

(D)   Local school districts shall accurately transcribe a student's final numeric grade to the student's permanent record and transcript. Home school students and private school students shall receive a certified grade report indicating date, course, and final numeric grade from the South Carolina Virtual School Program or an entity approved by the State Board of Education.

(E)   Students enrolled in an online course for a unit of credit must be administered final exams and appropriate state assessments in a proctored environment.

(F)   It is not the responsibility of the school, district, or state to provide home computer equipment and Internet access for enrollment in courses provided by the South Carolina Virtual School Program. However, nothing in this section shall prohibit a school or district from providing home computer equipment or Internet access to students enrolled in the South Carolina Virtual School Program.

Section 59-16-20.   (A)   The South Carolina Virtual School Program shall be housed in and managed by the State Department of Education. The department may contract for distance learning courses, develop courses, or approve courses submitted by entities.

(B)   Each course offered for a unit of credit shall be reviewed for correlation with the state adopted academic standards prior to being offered.

(C)   All distance, online, or virtual learning courses offered for a unit of credit must be aligned with the state adopted academic standards, include appropriate course materials, and be approved by the State Department of Education.

(D)   Instructors must hold a valid teaching certificate in each content area being taught or receive approval from the State Department of Education to teach the course.

(E)   All virtual schoolteachers must receive appropriate preservice and in-service training pertaining to the organization, classroom management, technical aspects, monitoring of student assessment, and other pertinent training from the State Department of Education.

Section 59-16-30.   As used in this chapter:

(1)   'Distance learning' means the acquisition of knowledge and skills through mediated information and instruction, encompassing all technologies and other forms of learning at a distance. Distance learning includes online and virtual courses.

(2)   'Online learning' means learning delivered by web-based or internet-based technologies.

(3)   'Proctored' means directly monitored by an adult authorized by the South Carolina Virtual School.

(4)   'Virtual classroom' means the online learning space where students and instructors interact.

(5)   'School year' means the one hundred eighty days of student instruction required pursuant to Section 59-1-420 and student instruction received as part of a summer school program.

(6)   'Credit recovery' means self-paced, semester-long courses that target learning in areas of greatest weakness, allowing nontraditional or at-risk students to rapidly complete courses, recover credits, and progress to graduation.

Section 59-16-40.   The State Board of Education shall develop guidelines and promulgate regulations to include, but may not be limited to, the following:

( 1)   procedures and criteria to be used for the selection of online courses to be offered for a unit of credit;

( 2)   qualifications and registration requirements of students who may enroll in online courses to include provisions outlining the enrollment of students that have been expelled from school;

( 3)   procedures for private and homeschool students to enroll in courses offered;

( 4)   teacher qualifications and the student-to-teacher ratio for online courses;

( 5)   appropriateness and provisions for charging tuition and fees;

( 6)   procedures for establishing uniform evaluation of student progress and awarding of the final grade;

( 7)   process for maintaining student records and reporting and recording grades on the student's transcript;

( 8)   procedures and requirements for employment, supervision, and evaluation of teachers;

( 9)   procedures and requirements for supervision, monitoring, assessment, and evaluation of enrolled students; and

(10)   student expectations.

Section 59-16-50.   Through the use of an online pilot program, the State Department of Education shall examine the feasibility of providing services of the South Carolina Virtual School Program to students enrolled in adult education programs and shall make recommendations to the General Assembly no later than January 1, 2008.

Section 59-16-60.   Annually, the State Board of Education shall provide the General Assembly a report that shall include, but not be limited to, the following information:

(1)   list of courses offered through the virtual school;

(2)   number of local school districts and number of the district students participating in the virtual school;

(3)   private schools and number of the private school students participating in the virtual school;

(4)   number of homeschool students participating in the virtual school;

(5)   success rates for students by courses enrolled in the virtual school;

(6)   number of students who dropped a course and reasons for dropping;

(7)   expenditures made for the virtual school; and

(8)   number of students unable to enroll because of space limitation.

Section 59-16-70.   At the end of each semester, the State Department of Education shall provide student records, including course grades and performance on state assessments, to the Education Oversight Committee. The Education Oversight Committee shall monitor the impact of credits earned in the virtual school, on the school

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

SECTION   2.   Chapter 40, Title 59 of the 1976 Code is amended by adding:

"Section 59-40-65.   (A)   If the governing body of a charter school offers as part of its curriculum a program of online or computer instruction, this information shall be included in the application and the governing body shall be required to:

(1)   provide each student enrolled in the program with a course or courses of online or computer instruction approved by the State Department of Education that must meet or exceed the South Carolina content and grade specific standards. Students enrolled in the program of online or computer instruction must receive all instructional materials required for the student's program;

(2)   ensure that the persons who operate the program on a day-to-day basis comply with and carry out all applicable requirements, statutes, regulations, rules, and policies of the charter school;

(3)   ensure that each course offered through the program is taught by a teacher meeting the requirements of Section 59-40-50;

(4)   ensure that a parent or legal guardian of each student verifies the number of hours of educational activities completed by the student each school year;

(5)   adopt a plan by which it will provide:

(a)   frequent, ongoing monitoring to ensure and verify that each student is participating in the program, including proctored assessment(s) per semester in core subjects graded or evaluated by the teacher, and at least bi-weekly parent-teacher conferences in person or by telephone;

(b)   regular instructional opportunities in real time that are directly related to the school's curricular objectives, including, but not limited to, meetings with teachers and educational field trips and outings;

(c)   verification of ongoing student attendance in the program;

(d)   verification of ongoing student progress and performance in each course as documented by ongoing assessments and examples of student coursework;

(6)   administer to all students in a proctored setting all applicable assessments as required by the South Carolina Education Accountability Act.

(B)   Nothing in this section shall prohibit a charter school that provides a program of online or computer instruction from reimbursing families of enrolled students for costs associated with their Internet connection for use in the program.

(C)   A charter school shall provide no more than seventy-five percent of a student's core academic instruction in kindergarten through twelfth grade via an online or computer instruction program. The twenty-five percent of the student's core academic instruction may be met through the regular instructional opportunities outlined in subitem (A)(5)(b).

(D)   Charter school students may enroll in the South Carolina Virtual School Program pursuant to program requirements.

(E)   Private or homeschool students choosing to take courses from a virtual charter school may not be provided instructional materials, or any other materials associated with receiving instruction through a program of online or computer instruction at the state's expense.

(F)   Only students enrolled in the charter school as a full-time student shall be reported in the charter school's average daily membership to the State Department of Education for the purposes of receiving state or federal funds. Private and homeschool students may not be included in the student weighted pupil units or average daily membership reported to the State Department of Education for the purposes of receiving state or federal funds."

SECTION   3.   This act takes effect upon approval by the Governor. /

Amend title to read:

/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 IS AUTHORIZED TO ESTABLISH THE SOUTH CAROLINA VIRTUAL SCHOOL PROGRAM, TO PROVIDE REQUIREMENTS AND PROCEDURES FOR THE VIRTUAL SCHOOL PROGRAM, TO PROVIDE FOR CERTAIN ONLINE COURSE CREDITS, TO PROVIDE FOR THE STUDENTS ELIGIBLE TO PARTICIPATE IN THE PROGRAM AND FOR THE QUALIFICATIONS OF TEACHERS AND INSTRUCTORS IN THE PROGRAM, TO PROVIDE FOR AN ONLINE PILOT PROGRAM TO DETERMINE THE FEASIBILITY OF PROVIDING THE VIRTUAL SCHOOL PROGRAM TO STUDENTS ENROLLED IN ADULT EDUCATION

/s/Sen. Robert W. Hayes, Jr.      /s/ Rep. Robert E. Walker
/s/Sen. Linda H. Short            /s/Rep. Phillip D. Owens
/s/Sen. Michael L. Fair           /s/Rep. James M. Neal
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Columbia, S.C., May 1, 2007

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:

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

Received as information.

THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.

S. 355 (Word version) -- Senators Grooms, Richardson, Verdin, Campsen and Vaughn: A BILL 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,

The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.

Senators McCONNELL and GROOMS proposed the following amendment (355R058.GFM):

Amend the bill, as and if amended, by striking the bill in its entirety and inserting:

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

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

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:

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' 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).

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,

(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 Improvement Plan (STIP) that includes, but is not limited to, the schedule of priorities for all construction projects with a projected cost of over ten million dollars, bridge replacement, major intersection improvements, widenings, interchanges, transportation earmarks, construction and scheduled repair of weight stations, rest areas, and welcome centers and funds allocated to complete those projects. The Statewide Transportation Improvement Plan (STIP) shall not include routine operation and maintenance as defined in this section.

(2)   In developing the methodology, the department must include, 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;

(i)     environmental impact; and

(j)     federal requirements for designing and setting priorities for the Statewide Transportation Improvement Plan (STIP).

(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

(4)   The methodology must be submitted to the Joint Transportation Review Committee for review and comment as provided in Section 57-1-730(9).

(5)(a)   Following review of the methodology by the Joint Transportation Review Committee, the department must promulgate the methodology as a regulation under the provisions of Article 3 of Chapter 23 of Title 1, the State Administrative Procedures Act. The methodology is effective only after the regulation is approved by the General Assembly as provided in Section 1-23-120, Section 1-23-125, and Section 1-23-126. The methodology must not be promulgated as an emergency regulation under the provisions of Section 1-23-130. The approved methodology must be used in designing the Statewide Transportation Improvement Plan (STIP) until the board determines that the methodology must be revised. If a methodology is revised by the board, the methodology must be approved as provided in this subsection prior to being approved and used to design the Statewide Transportation Improvement Plan (STIP). After the methodology is approved by regulation, the board, in conjunction with the Chief Highway Engineer, must design the Statewide Transportation Improvement Plan (STIP) in compliance with the approved methodology. The board must develop a schedule for designing of the Statewide Transportation Improvement Plan (STIP) that meets federal and state requirements and the needs of the public.

(b)   The department shall conduct one or more public hearings to receive input prior to developing the Statewide Transportation Improvement Plan (STIP). 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 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.

(C)(1)   The Executive Director is charged with evaluating and approving the routine operation and maintenance requests or emergency repairs that: (a) are needed for existing roads and bridges and (b) are not included in the Statewide Transportation Improvement Plan.

(2)   Any request made under this subsection for resurfacing, installation of new signals, curb cuts, bike lanes, or construction projects under ten million dollars must be reviewed by the Chief Highway Engineer who must certify that the request is needed based upon objective and quantifiable factors.

(3)   The board shall then either ratify or overrule a decision made by the Executive Director at a subsequent meeting.

(4)(a)   For purposes of this section 'routine operation and maintenance' includes, but is not limited to, signage of routes, pavement marking, replacement and installation of guard rails, repair and installation of signals, 'chip seal' of existing roads, resurfacing, enhancement projects such as streetscaping, adopt an interchange, bike lanes, curb cuts, installation of overhead message boards and cameras, research projects funded with federal aid, and pavement management system mapping.

(b)   For purposes of this section 'emergency repairs' means, but is not limited to, unforeseen deterioration of roads, bridges or equipment due to accidents, natural disasters or other causes that could not have been expected or that pose an immediate danger to the public.

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.

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

(A)   On and after the effective date of this section, the Department of Transportation's administrative and governing authority is a board composed of seven members, one from each congressional district of the State and one from the State at-large who shall serve as the chairman, provided, however, that no county may have more than one resident board member at any one time. 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. The Joint Transportation Review Committee must screen and determine whether the appointee is qualified within thirty days of the appointment being transmitted to the Senate receiving the complete confirmation package from the Governor.

(B)   In appointing and confirming the board members, the Governor and Senate must take into account race, gender, and area of expertise 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 an appointment 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.

(C)   No member of the General Assembly or member of his immediate family shall be appointed to the board while the member is serving in the General Assembly; nor shall a member of the General

(1) ceases to be a member of the General Assembly; or

(2) fails to file for election to the General Assembly in accordance with Section 7-11-15.

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 begin screening and determining if appointees are qualified to serve as initial board members.

(B)   The Governor may appoint commissioners legally holding office on the Department of Transportation Commission on the effective date of this act to serve as initial board members.

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

(D)   No later than thirty days after the final initial board member is appointed 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.

(E)   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 to perform all of the duties and functions of his office as commissioner. Each commissioner board member shall serve until his successor is elected appointed and qualified, except as provided in Section 57-1-320.

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

(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-- 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.

Section 57-1-355.   The board shall hire appropriate legal and administrative staff as the board feels is necessary to carry out the functions required of the board. Any employees hired pursuant to this section shall serve at the pleasure of the board.

Section 57-1-360.   The board has authority to award all federal enhancement grants. Annually, the board must submit a report to the Joint Transportation Review Committee describing the number of federal enhancement grants that were awarded and the recipients of the federal enhancement grants.

Section 57-1-410.   (A)   The commission Governor shall employ a director appoint with the advise and consent of the Senate an Executive Director who shall serve at the pleasure of the commission Governor. A person appointed to this position shall be a citizen of possess practical and successful business and executive ability and who has a knowledge be knowledgeable in the field of transportation. The director Executive Director 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.

(B)   The board shall appoint with the advice and consent of the Senate, a Chief Highway Engineer who shall serve for a term of two years and who may be removed by the board only for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity. A person appointed to this position shall have civil engineering experience and any other experience the board may require. The Chief Highway Engineer, in conjunction with the board, must develop the methodology for determining how to design the Statewide Transportation Improvement Plan (STIP) and design the Statewide Transportation Improvement Plan (STIP) as provided in this chapter. In addition, the Chief Highway Engineer shall have any other duties, powers, functions, and responsibilities authorized by the board or provided by law. The Chief Highway Engineer shall have such staff and support as may be authorized and funded by the Board and 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 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

(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:

Section 57-1-710.   There is hereby established a committee to be known as the Joint Transportation Review Committee, hereinafter

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 Senate Majority Leader and the Senate Minority Leader;

(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 upon the recommendations of the House Majority Leader and the House Minority Leader.

(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 quarterly 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, et seq.; however, Section 2-20-40 is not applicable to a screening by the review committee;

(2)   in screening candidates for the board and making its findings, the review committee must seek to find the best qualified people by giving due consideration to:

(a)   ability, area of expertise, 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)   to submit to the Chairman of the Senate Transportation Committee and to the Chairman of the House Education and Public Works Committee, on an annual basis, the review committee's evaluation of the actions of the department, 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;

(5)   to submit to the Chairman of the Senate Transportation Committee and to the Chairman of the House Education and Public Works Committee, on an annual basis, the review committee's evaluation of the performance of the board and recommendations for any statutory changes. 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;

(6)   to assist the Department in developing: (a) an annual workshop of at least six contact hours concerning ethics and the Administrative Procedures Act for the board members and upper management employees of the Department of Transportation; and (b) an annual workshop of at least one contact hour for all other department employees;

(7)   to make reports and recommendations to the General Assembly on matters relating to the powers and duties set forth in this section; and

(8)   to submit a letter to the Chairman of the Senate Transportation Committee and the Chairman of the House Education and Public Works Committee indicating the review committee has reviewed methodology for the Statewide Transportation Improvement Plan as provided in Section 57-1-60(B)(4).

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 must be paid from the legislative appropriation of 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 and as may be funded in the legislative appropriation of the annual general appropriations act.

(C)   The costs and expenses of the review committee must be funded in the legislative appropriation of 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

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 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

SECTION 8. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

Senator LAND was recognized to speak on the amendment.

Having received a favorable report from the Greenwood County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Greenwood County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011

W. Rutledge Martin, 106 Sheffield Rd., Greenwood, S.C. 29646 VICE Lasonia Williams

On motion of Senator LEVENTIS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Christine Lybrand Raffield of Sumter, S.C. Mrs. Raffield was 96 years old when she went home to be with our Lord. She leaves behind her beloved children, grandchildren, niece and great-grandchildren. An active member of Tirzah Presbyterian Church for more than 70 years, she touched lives in the community through her service and commitment. She will be greatly missed.

At 1:45 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 2:00 P.M.

This web page was last updated on Monday, June 22, 2009 at 2:02 P.M.