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

Wednesday, March 28, 2007
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

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

In the Book of Exodus we read how God gave Moses a lesson on reverence:

"Then he said, 'Come no closer! Remove the sandals from your feet, for the place on which you are standing is holy ground'."   (Exodus 3:5)

Gracious Lord, we are ever thankful that we live in a Nation-in a State-which gives due reverence to matters of heartfelt faith. How empty lives have to be for those who have no understanding whatsoever of Your loving presence, of Your guidance and care, of Your incredible mercies. Be with each of these Senators and their staff members as they seek to use the gifts You have given them to bring about great good, O God. And through each one of these leaders bless all of the people of this State. In Your loving name we pray, dear Lord. Amen.

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

Doctor of the Day

Senator HAWKINS introduced Dr. David Mitchell of Spartanburg, S.C., Doctor of the Day.

Leave of Absence

At 2:05 P.M., Senator CROMER requested a leave of absence beginning on Thursday, April 5, and lasting until Thursday, April 12, 2007.

Leave of Absence

At 2:05 P.M., Senator MOORE requested a leave of absence for Thursday, March 29, 2007.

Leave of Absence

At 2:05 P.M., Senator RYBERG requested a leave of absence from 5:00 - 8:00 P.M. this evening.

Leave of Absence

At 2:05 P.M., Senator FORD requested a leave of absence beginning at 6:00 P.M. this evening and lasting until 11:00 A.M. tomorrow.

On motion of Senator BRYANT, Senators FAIR, HUTTO, SHORT, GROOMS, KNOTTS and BRYANT were granted leave to attend a subcommittee meeting and be granted leave to vote from the balcony.

S. 432 (Word version) -- Senators McConnell, Knotts, Cleary, Elliott, Leventis, Hutto, O'Dell, Leatherman and Ford: A BILL TO AMEND SECTION 61-4-1115, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGREEMENTS BETWEEN IMPORTERS AND FOREIGN BREWERS OF BEER WHICH ARE BINDING ON SUCCESSOR IMPORTERS, SO AS TO REVISE THE PROVISIONS OF THIS SECTION SO THAT THE PROVISIONS ALSO APPLY TO DOMESTIC BRANDS OF BEER AND TO STIPULATE THAT WHEN A PRODUCER OR PRIMARY AMERICAN SOURCE OF SUPPLY TRANSFERS, CONVEYS, OR ASSIGNS A BRAND OF BEER TO ANOTHER PRODUCER OR PRIMARY AMERICAN SOURCE OF SUPPLY, THE ASSIGNMENT OF TERRITORY OF THAT BRAND TO A WHOLESALER, AS REQUIRED BY LAW, IS BINDING ON THE SUCCESSOR PRODUCER OR PRIMARY AMERICAN SOURCE OF SUPPLY.

On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 432.

S. 465 (Word version) -- Senators Ritchie, Fair, Leventis, Martin, Alexander, Campsen, Knotts, Ford, Anderson, Sheheen, Patterson, Williams, McConnell, Bryant, Cromer, Leatherman and Vaughn: 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.

On motion of Senator VAUGHN, with unanimous consent, the names of Senators VAUGHN, CLEARY, LAND, O'DELL, PEELER, REESE and THOMAS were added as co-sponsors of S. 465.

S. 588 (Word version) -- Senators McConnell and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-71-1345, 38-71-1355, 38-71-1365, AND 38-71-1445 SO AS TO PROVIDE REQUIREMENTS, POWERS, DUTIES, AND RESTRICTIONS OF A SMALL EMPLOYER HEALTH GROUP COOPERATIVE, AND PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF INSURANCE AND OFFICE OF RESEARCH AND STATISTICS OF THE BUDGET AND CONTROL BOARD SHALL SUBMIT A REPORT TO THE OFFICE OF THE GOVERNOR AND THE GENERAL ASSEMBLY BY JANUARY 1, 2010, ON THE EFFECTIVENESS OF THE HEALTH GROUP COOPERATIVE IN EXPANDING THE AVAILABILITY OF HEALTH INSURANCE COVERAGE FOR SMALL EMPLOYERS; AND BY AMENDING SECTIONS 38-71-1320, 38-71-1330, 38-71-1340, AND 38-71-1350, RELATING TO SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY, SO AS TO PROVIDE THAT SMALL EMPLOYERS MAY FORM A COOPERATIVE FOR THE PURPOSE OF PROVIDING HEALTH INSURANCE TO THEIR EMPLOYEES, PROVIDE FOR THE DEFINITION OF "HEALTH GROUP COOPERATIVE", AND PROVIDE FOR THE GROUP SIZE FOR A HEALTH GROUP COOPERATIVE.

On motion of Senator RANKIN, with unanimous consent, the name of Senator RANKIN was added as a co-sponsor of S. 588.

Expression of Personal Interest

Senators GROOMS and MESCHER rose for an Expression of Personal Interest.

The Senate stood for a moment of silence in memory of Cpl. Marcus Stiles and PFC Lonnie Wells, both of the Moncks Corner Police Department, who lost their lives in the line of duty.

RECALLED AND READ THE SECOND TIME

H. 3748 (Word version) -- Rep. Miller: A JOINT RESOLUTION TO EXTEND FOR THE YEAR 2007 THE SEASON FOR COMMERCIAL FISHING FOR SHAD FOR THE SANTEE RIVER BELOW WILSON DAM INCLUDING THE REDIVERSION CANAL BELOW ST. STEPHEN DAM, NORTH SANTEE RIVER AND BAY, SOUTH SANTEE RIVER, AND ALL TRIBUTARIES AND DISTRIBUTARIES TO THEM, ENDS ON APRIL 15.

Senator GREGORY asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Fish, Game and Forestry.

There was no objection.

The Resolution was recalled from the Committee on Fish, Game and Forestry.

Senator GREGORY asked unanimous consent to give the Resolution a second reading.

There was no objection.

The Resolution was read the second time.

H. 3724--Ordered to a Third Reading

On motion of Senator GREGORY, with unanimous consent, H. 3724 was ordered to receive a third reading on Thursday, March 29, 2007.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 616 (Word version) -- Senators Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A SENATE RESOLUTION RECOGNIZING TIMOTHY SCOTT RAMSEY AND HIS FOUR AND ONE-HALF YEARS OF INVALUABLE SERVICE TO THE STATE SENATE AND THE PEOPLE OF SOUTH CAROLINA UPON THE OCCASION OF HIS RETIREMENT AS CHIEF OF STAFF TO THE MAJORITY LEADER AND TO THE MEDICAL AFFAIRS COMMITTEE, AND WISHING HIM SUCCESS IN HIS FUTURE ENDEAVORS.
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S. 617 (Word version) -- Senators Fair and Verdin: A BILL TO AMEND CHAPTER 1, TITLE 56 OF THE 1976 CODE, RELATING TO DRIVER'S LICENSES, BY ADDING SECTION 56-1-186, TO PROVIDE THAT A PERSON WHO OPERATES A MOTOR VEHICLE IN VIOLATION OF RESTRICTIONS IMPOSED ON A DRIVER'S LICENSE ISSUED PURSUANT TO SECTIONS 56-1-50, 56-1-175, OR 56-1-180 IS GUILTY OF A MISDEMEANOR AND MUST BE FINED NOT MORE THAN THREE HUNDRED DOLLARS OR IMPRISONED FOR NOT MORE THAN THIRTY DAYS, THE COURT MAY SUSPEND ALL OR PART OF THE SENTENCE CONDITIONED UPON THE OFFENDER COMPLETING, TO THE SATISFACTION OF THE COURT, COMMUNITY SERVICE, PUBLIC SERVICE, OR A SAFE DRIVING COURSE, TO PROVIDE ENHANCED PENALTIES IF GREAT BODILY INJURY RESULTED FROM AN ACCIDENT THAT OCCURRED IN CONJUNCTION WITH A VIOLATION OF THE RESTRICTIONS; AND TO ADD SECTION 56-1-187, TO PROVIDE THAT A PARENT OR GUARDIAN MAY NOT KNOWINGLY PERMIT HIS DEPENDENT TO OPERATE A MOTOR VEHICLE IN VIOLATION OF HIS DEPENDENT'S DRIVER'S LICENSE RESTRICTIONS OR TO KNOWINGLY PERMIT HIS DEPENDENT TO OPERATE A MOTOR VEHICLE WITHOUT A VALID DRIVER'S LICENSE, AND TO PROVIDE PENALTIES FOR A VIOLATION.
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Read the first time and referred to the Committee on Judiciary.

S. 618 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 39-5-37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF A NAME TO MISREPRESENT THE GEOGRAPHICAL LOCATION OF A BUSINESS AS AN UNLAWFUL TRADE PRACTICE, SO AS TO MAKE IT AN UNLAWFUL TRADE PRACTICE TO PUBLISH IN A TELEPHONE ASSISTANCE DATABASE OR A PRINT ADVERTISEMENT AN INTENTIONALLY MISLEADING REPRESENTATION OF THE GEOGRAPHICAL LOCATION OF THE BUSINESS.
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Read the first time and referred to the Committee on Judiciary.

S. 619 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A SENATE RESOLUTION TO CONGRATULATE FAMILY TRUST FEDERAL CREDIT UNION ON ITS FIFTIETH ANNIVERSARY OF OUTSTANDING SERVICE TO THE CITIZENS OF YORK COUNTY AND TO WISH ITS STAFF AND MEMBERS MANY MORE YEARS OF SUCCESSFUL PARTNERSHIP.
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S. 620 (Word version) -- Senators Knotts, Cromer, Ford, Land, Scott, Elliott and Patterson: A SENATE RESOLUTION TO URGE THE ATTORNEY GENERAL OF THE UNITED STATES AND THE FEDERAL COMMUNICATIONS COMMISSION TO OPPOSE THE PROPOSED MERGER OF THE ONLY TWO SATELLITE RADIO PROVIDERS OPERATING IN THE UNITED STATES.
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The Senate Resolution was introduced and referred to the Committee on Labor, Commerce and Industry.

S. 621 (Word version) -- Senator Matthews: A SENATE RESOLUTION TO RECOGNIZE AND HONOR WILLIE SAM ADAMS OF ORANGEBURG COUNTY FOR HIS OUTSTANDING CONTRIBUTIONS TO HIS FAITH, FAMILY, AND COMMUNITY AND TO WISH HIM ALL THE BEST IN THE COMING YEARS.
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S. 622 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO COMMEMORATE THE TWO HUNDREDTH ANNIVERSARY OF THE BIRTH OF THOMAS GREEN CLEMSON, BORN IN PHILADELPHIA, PENNSYLVANIA, ON JULY 1, 1807.
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S. 623 (Word version) -- Senators Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A CONCURRENT RESOLUTION TO EXPRESS THE DEEP SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MARY NELL CAMPBELL KREPS, COMPASSIONATE AND DEDICATED NURSE AND HEALTH PROFESSIONAL TO THE SOUTH CAROLINA GENERAL ASSEMBLY, FOR TWENTY YEARS AND TO DIRECT THE CLERK OF THE SENATE AND THE CLERK OF THE HOUSE OF REPRESENTATIVES TO PLACE AN APPROPRIATE PLAQUE MEMORIALIZING THE SERVICE OF MARY NELL CAMPBELL KREPS IN THE STATE HOUSE HEALTH SERVICES OFFICE.
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Whereas, Mary Nell Campbell Kreps was born in Camden, South Carolina, December 22, 1926, to Herbert Allyson and Mabel Henning Campbell, and died March 7, 2007; and

Whereas, Mrs. Kreps was married to the late Muller O. J. Kreps, III, and the couple had four children, four grandchildren and two great-grandchildren; and

Whereas, Mrs. Kreps received her nurses training from the Columbia Hospital and was a Registered Nurse at the Providence Hospital in Columbia; and

Whereas, Mrs. Kreps was a member of St. Michael and All Angels Episcopal Church for twenty-eight years; and

Whereas, Mrs. Kreps began her relationship with the South Carolina General Assembly as a dependable and trustworthy aide to Senators Warren Giese and Ernest Passailaigue in 1988 and also served Lawrence Richter; and

Whereas, Mrs. Kreps also served the General Assembly as the primary health professional and as a compassionate and dedicated nurse for twenty years; and

Whereas, Nurse Kreps instructed the Sergeant-at-Arms staff of both the South Carolina Senate and the South Carolina House of Representatives in CPR, First Response Medical Emergency Training, and other life saving techniques; and

Whereas, during her service at the State House, Nurse Kreps became a loyal and dedicated friend to many members of the General Assembly, Constitutional Officers, and Governors; and

Whereas, during her free time, Mrs. Kreps was an active member of the United States Tennis Association Columbia Tennis League, an avid bridge player, and an advocate of maintaining a regular aerobic exercise program; and

Whereas, Mary Nell Campbell Kreps will be missed by her many friends and loving family.

Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly, by this resolution, express their deep sorrow upon the death of Mary Nell Campbell Kreps, devoted friend and dedicated employee, and convey their deepest sympathy to her family and friends, as she will be genuinely missed.

Be it further resolved that the Clerk of the Senate and the Clerk of the House of Representatives, by this resolution, are directed to place an appropriate plaque memorializing the service of Mrs. Mary Nell Kreps in the State House Health Services Office.

Be it further resolved that a copy of this resolution be forwarded to the family of Mrs. Mary Nell Campbell Kreps.

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

H. 3019 (Word version) -- Reps. Delleney, Jennings, M. A. Pitts, Haskins, Harrison, Viers, Leach, Hamilton, G. R. Smith, Cato, Bannister, Loftis and Shoopman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-5-5 SO AS TO PROVIDE THAT FOR PURPOSES OF A CIVIL CAUSE OF ACTION, THE TERM "PERSON" INCLUDES AN UNBORN CHILD, THE TERM "UNBORN CHILD" MEANS A CHILD IN UTERO, AND TO PROVIDE CERTAIN EXCEPTIONS.

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

H. 3516 (Word version) -- Reps. Huggins, Mahaffey, Sandifer, Bowen and Lowe: A BILL TO AMEND SECTION 40-57-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE AS A REAL ESTATE BROKER, SALESPERSON, OR PROPERTY MANAGER, SO AS TO PROVIDE FOR CRIMINAL RECORD REPORTS AND SATISFACTORY EVIDENCE THAT THE APPLICANT IS OF GOOD MORAL CHARACTER.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 3575 (Word version) -- Reps. Young, Harrell, Anthony, Clyburn, Lucas, J. M. Neal, Owens, E. H. Pitts, Taylor, White, Chellis, Gullick, R. Brown, Stavrinakis, Hagood and Scarborough: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNOR'S REMOVAL OF PERSONS APPOINTED TO CERTAIN STATE OFFICES, FOR CERTAIN REASONS, SO AS TO ADD DEPARTMENT OF TRANSPORTATION COMMISSIONERS TO THIS LIST OF PERSONS WHO MAY BE REMOVED FROM OFFICE BY THE GOVERNOR; TO AMEND SECTION 1-30-10, RELATING TO THE DEPARTMENTS OF STATE GOVERNMENT AND THEIR GOVERNING BODIES, SO AS TO PROVIDE FOR THE GOVERNING STRUCTURE OF THE DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 1-30-105, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO MAKE TECHNICAL CHANGES AND PROVIDE FOR THE ELECTION OF ITS GOVERNING AUTHORITY UNTIL FEBRUARY 15, 2008; TO AMEND SECTION 8-13-1110, AS AMENDED, RELATING TO PUBLIC OFFICIALS WHO MUST FILE A STATEMENT OF ECONOMIC INTEREST, SO AS TO PROVIDE THAT DEPARTMENT OF TRANSPORTATION DISTRICT ENGINEERS MUST FILE A STATEMENT OF ECONOMIC INTEREST; TO AMEND SECTION 11-11-150, AS AMENDED, RELATING TO CALCULATING ESTIMATED STATE AND CORPORATE INCOME TAX REVENUES, AND THE TRUST FUND FOR TAX RELIEF, SO AS TO PROVIDE THAT FORTY MILLION DOLLARS IN GENERAL FUND REVENUE COLLECTED DURING CERTAIN FISCAL YEARS MUST BE CREDITED TO THE DEPARTMENT OF TRANSPORTATION AND DISTRIBUTED PURSUANT TO SECTION 57-11-410; TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO GOVERNMENTAL ENTITIES EXEMPTED FROM PURCHASING ITEMS THROUGH THE CHIEF PROCUREMENT OFFICER, SO AS TO REVISE THE LIST OF DEPARTMENT OF TRANSPORTATION PROJECTS THAT ARE SUBJECT TO THIS PROVISION, AND TO GRANT EXEMPTIONS TO COUNTY TRANSPORTATION COMMITTEES, COUNCILS ON GOVERNMENTS, AND THE SOUTH CAROLINA TRANSPORT INFRASTRUCTURE BANK; TO AMEND SECTION 11-35-1230, AS AMENDED, RELATING TO THE AUDITING OF STATE PROCUREMENTS, SO AS TO PROVIDE THAT PROCUREMENT AUDITS SHALL VERIFY THAT PROCUREMENT CODE EXEMPTIONS GRANTED TO THE DEPARTMENT OF TRANSPORTATION ARE VALID; TO AMEND SECTION 57-1-10, RELATING TO DEFINITION OF TERMS THAT RELATE TO THE STATE'S MOTOR VEHICLE LAWS, SO AS TO DELETE THE TERM "DIRECTOR" AND REPLACE IT WITH THE TERM "SECRETARY OF TRANSPORTATION"; TO AMEND SECTION 57-1-20, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO ESTABLISH A DIVISION OF HUMAN RESOURCES AND AN INTERNAL AUDIT DIVISION WITHIN THE DEPARTMENT; TO AMEND SECTION 57-1-40, RELATING TO CERTAIN ACTIONS COMMITTED BY THE DEPARTMENT OF TRANSPORTATION COMMISSION OR DEPARTMENT EMPLOYEES WHICH ARE UNLAWFUL, SO AS TO PROVIDE THAT THE DEPARTMENT'S COMMISSION AND ITS EMPLOYEES ARE SUBJECT TO CERTAIN PROVISIONS THAT GOVERN THE CONDUCT OF LOBBYISTS, PUBLIC OFFICIALS, AND EMPLOYEES; BY ADDING SECTION 57-1-305 SO AS TO ESTABLISH CERTAIN MINIMUM QUALIFICATIONS THAT A PERSON MUST POSSESS BEFORE HE MAY BE ELECTED AS A DEPARTMENT OF TRANSPORTATION COMMISSIONER; TO AMEND SECTION 57-1-310, RELATING TO THE ESTABLISHMENT OF DEPARTMENT OF TRANSPORTATION DISTRICTS FROM WHICH DEPARTMENT OF TRANSPORTATION COMMISSIONERS ARE ELECTED, SO AS TO REVISE THE PROCESS OF ELECTING COMMISSIONERS AND THEIR SUCCESSORS TO INCLUDE THE SCREENING OF CANDIDATES BY THE TRANSPORTATION REVIEW COMMITTEE AND THE ELECTION OF COMMISSIONERS BY THE GENERAL ASSEMBLY; TO AMEND SECTION 57-1-330, RELATING TO ELECTION OF DEPARTMENT OF TRANSPORTATION COMMISSIONERS, SO AS TO DELETE THE PROVISION THAT PROVIDES THAT THE COMMISSIONERS MUST BE ELECTED BY THE LEGISLATIVE DELEGATIONS FROM EACH CONGRESSIONAL DISTRICT, TO LIMIT THE PERIOD THAT A PERSON MAY SERVE AS A COMMISSIONER TO NOT MORE THAN TWO THREE-YEAR TERMS OR NOT MORE THAN SIX YEARS, TO ESTABLISH SEVEN HIGHWAY ENGINEERING DISTRICTS FROM WHICH COMMISSIONERS MUST BE ELECTED, TO PROVIDE FOR THE ELECTION OF THE COMMISSION'S CHAIRMAN AND HIS TERM OF SERVICE AS CHAIRMAN, TO DELETE THE PROVISION THAT PROVIDES FOR THE ELECTION OF AN AT-LARGE COMMISSIONER WHO SERVES AT THE PLEASURE OF THE GOVERNOR, AND TO PROVIDE THAT THE SECRETARY OF TRANSPORTATION SHALL NOTIFY CERTAIN OFFICIALS OF THE GENERAL ASSEMBLY AND THE TRANSPORTATION REVIEW COMMITTEE WHEN A COMMISSION VACANCY OCCURS; TO AMEND SECTION 57-1-350, RELATING TO THE DEPARTMENT OF TRANSPORTATION COMMISSION'S SEAL, RULES, PROCEDURES, AND REIMBURSEMENT FOR EXPENSES, SO AS TO REVISE THE AMOUNT OF COMPENSATION COMMISSIONERS MUST RECEIVE FOR THEIR SERVICE, AND TO PROVIDE A LIST OF DUTIES AND RESPONSIBILITIES THAT MUST BE PERFORMED BY THE COMMISSION; TO AMEND SECTION 57-1-410, RELATING TO THE EMPLOYMENT OF THE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION BY THE GOVERNOR, SO AS TO CHANGE THE TITLE OF THIS PERSON FROM DIRECTOR TO SECRETARY OF TRANSPORTATION, AND TO PROVIDE THAT THIS PERSON MUST BE APPOINTED BY AND SERVE AT THE PLEASURE OF THE GOVERNOR; TO AMEND SECTION 57-1-450, RELATING TO THE APPOINTMENT OF DEPARTMENT OF TRANSPORTATION DEPUTY DIRECTORS BY THE DEPARTMENT'S DIRECTOR, SO AS TO PROVIDE THAT THIS DUTY SHALL BECOME THE RESPONSIBILITY OF THE SECRETARY OF TRANSPORTATION EXCEPT FOR THE APPOINTMENT OF THE INTERNAL AUDIT DIRECTOR AND THE INTERNAL AUDITORS WHO SHALL REPORT TO AND SERVE AT THE PLEASURE OF THE DEPARTMENT OF TRANSPORTATION COMMISSION; TO AMEND SECTION 57-1-490, RELATING TO THE DEPARTMENT OF TRANSPORTATION'S ANNUAL AUDIT, SO AS TO PROVIDE THAT THE STATE AUDITOR SHALL CONDUCT A PERFORMANCE AND COMPLIANCE AUDIT OF CERTAIN DIVISIONS OF THE DEPARTMENT, AND TO PROVIDE THAT COPIES OF ALL AUDITS MUST BE MADE AVAILABLE TO CERTAIN COMMITTEES OF THE GENERAL ASSEMBLY; BY ADDING ARTICLE 7 TO CHAPTER 1, TITLE 57 SO AS TO ESTABLISH THE TRANSPORTATION REVIEW COMMITTEE, ITS COMPOSITION, AND TO PROVIDE FOR ITS POWER AND DUTY TO REVIEW CANDIDATES FOR ELECTION TO THE DEPARTMENT OF TRANSPORTATION COMMISSION; TO AMEND SECTION 57-3-10, RELATING TO THE DIVISIONS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE FOR THE DIVISIONS OF HUMAN RESOURCES AND INTERNAL AUDIT; TO AMEND SECTION 57-3-20, RELATING TO THE RESPONSIBILITIES AND DUTIES OF THE DEPARTMENT OF TRANSPORTATION'S DIVISION DEPUTY DIRECTORS, SO AS TO ESTABLISH THE RESPONSIBILITIES FOR THE DIVISION DEPUTY DIRECTORS FOR HUMAN RESOURCES AND INTERNAL AUDITS; BY ADDING ARTICLE 5 TO CHAPTER 11, TITLE 57 SO AS TO PROVIDE FOR THE DISTRIBUTION OF FUNDS THAT THE DEPARTMENT OF TRANSPORTATION RECEIVES PURSUANT TO SECTION 11-11-150(H); TO REPEAL SECTIONS 57-1-320 AND 57-1-325 RELATING TO THE ELECTION OF DEPARTMENT OF TRANSPORTATION COMMISSIONERS WHEN A COUNTY IS DIVIDED AMONG MORE THAN ONE DEPARTMENT OF TRANSPORTATION DISTRICT, AND TO THE MEETING OF THE VARIOUS LEGISLATIVE DELEGATIONS TO ELECT DEPARTMENT OF TRANSPORTATION COMMISSIONERS; AND TO PROVIDE THE CODE COMMISSIONER WITH AUTHORITY TO MAKE CERTAIN TECHNICAL CHANGES.

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

H. 3805 (Word version) -- Reps. Hiott, 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, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR DOT JACKSON, OF PICKENS COUNTY, FOR BEING NAMED WINNER OF THE APPALACHIAN STUDIES ASSOCIATION'S 2007 WEATHERFORD AWARD FOR HER NOVEL, REFUGE.

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

REPORTS OF STANDING COMMITTEES
Invitations Accepted

Senator KNOTTS from the Committee on Invitations submitted a favorable report on:

An invitation from the Firefighters Association to attend a reception at the Convention Center on Tuesday, April 10, 2007, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Knotts                    Alexander                 Patterson
McGill                    Reese                     O'Dell
Elliott                   Ford                      Grooms
Verdin                    Campsen

Total--11

NAYS

Total--0

Senator KNOTTS from the Committee on Invitations submitted a favorable report on:

An invitation from Medical Equipment Services to attend a beaufort stew at the Clarion Town House on Tuesday, April 10, 2007, from 8:00 until 9:00 P.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Knotts                    Alexander                 Patterson
McGill                    Reese                     O'Dell
Elliott                   Ford                      Grooms
Verdin                    Campsen

Total--11

NAYS

Total--0

Senator KNOTTS from the Committee on Invitations submitted a favorable report on:

An invitation from SC Prayer Fellowship to attend a breakfast at the Radisson Hotel on Wednesday, April 11, 2007, at 7:30 A.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Knotts                    Alexander                 Patterson
O'Dell                    McGill                    Reese
Elliott                   Ford                      Verdin
Campsen                   Cromer

Total--11

NAYS

Total--0

Senator KNOTTS from the Committee on Invitations submitted a favorable report on:

An invitation from the SC Tobacco Collaborative to attend a breakfast in Room 221 Blatt Bldg. on Wednesday, April 11, 2007, from 8:00 until 10:00 A.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Knotts                    Alexander                 Patterson
O'Dell                    McGill                    Reese
Elliott                   Ford                      Verdin
Campsen                   Cromer

Total--11

NAYS

Total--0

Senator KNOTTS from the Committee on Invitations submitted a favorable report on:

An invitation from the University of South Carolina to attend a luncheon at Williams Brice Stadium on Wednesday, April 11, 2007, from 12:00 until 2:00 P.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Knotts                    Alexander                 Patterson
O'Dell                    McGill                    Reese
Elliott                   Ford                      Verdin
Campsen                   Cromer

Total--11

NAYS

Total--0

Senator KNOTTS from the Committee on Invitations submitted a favorable report on:

An invitation from Sumter County Day to attend a reception at City Art, 1224 Lincoln St. on Wednesday, April 11, 2007, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Knotts                    Alexander                 Patterson
O'Dell                    McGill                    Reese
Elliott                   Ford                      Verdin
Campsen                   Cromer

Total--11

NAYS

Total--0

Senator KNOTTS from the Committee on Invitations submitted a favorable report on:

An invitation from the SC World Trade Center to attend a reception at the Capital City Club on Wednesday, April 11, 2007, from 8:00 until 10:00 P.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Knotts                    Alexander                 Patterson
O'Dell                    McGill                    Reese
Elliott                   Ford                      Verdin
Campsen                   Cromer

Total--11

NAYS

Total--0

Senator KNOTTS from the Committee on Invitations submitted a favorable report on:

An invitation from the SC Home Educators Association to attend a breakfast in Room 221 Blatt Bldg. on Thursday, April 12, 2007, from 8:00 until 10:00 A.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Knotts                    Alexander                 Patterson
O'Dell                    McGill                    Reese
Elliott                   Ford                      Verdin
Campsen                   Cromer

Total--11

NAYS

Total--0

Senator KNOTTS from the Committee on Invitations submitted a favorable report on:

An invitation from The Citadel Alumni Association to attend a reception at the Cantey Building on Tuesday, April 17, 2007, from 6:30 until 10:00 P.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Knotts                    Alexander                 Patterson
O'Dell                    McGill                    Reese
Elliott                   Ford                      Verdin
Campsen                   Cromer

Total--11

NAYS

Total--0

Senator KNOTTS from the Committee on Invitations submitted a favorable report on:

An invitation from Alpha Kappa Alpha to attend a breakfast in Room 221 Blatt Bldg. on Wednesday, April 18, 2007, from 8:00 until 10:00 A.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Knotts                    Alexander                 Patterson
O'Dell                    McGill                    Reese
Elliott                   Ford                      Verdin
Campsen                   Cromer

Total--11

NAYS

Total--0

Senator KNOTTS from the Committee on Invitations submitted a favorable report on:

An invitation from Spartanburg County Day to attend a luncheon on the State House Grounds on Wednesday, April 18, 2007, from 12:00 until 2:00 P.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Knotts                    Alexander                 Patterson
O'Dell                    McGill                    Reese
Elliott                   Ford                      Verdin
Campsen                   Cromer

Total--11

NAYS

Total--0

Senator KNOTTS from the Committee on Invitations submitted a favorable report on:

An invitation from the SC Junior Golf Foundation to attend a reception at the Blue Marlin on Wednesday, April 18, 2007, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Knotts                    Alexander                 Patterson
O'Dell                    McGill                    Reese
Elliott                   Ford                      Verdin
Campsen                   Cromer

Total--11

NAYS

Total--0

Senator KNOTTS from the Committee on Invitations submitted a favorable report on:

An invitation from SC Partners in Crisis and NAMI to attend a breakfast in Room 221 Blatt Bldg. on Thursday, April 19, 2007, from 8:00 until 10:00 A.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Knotts                    Alexander                 Patterson
O'Dell                    McGill                    Reese
Elliott                   Ford                      Verdin
Campsen                   Cromer

Total--11

NAYS

Total--0

Senator RITCHIE from the Committee on Judiciary submitted a favorable with amendment report on:

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

Ordered for consideration tomorrow.

Senator RITCHIE from the Committee on Judiciary submitted a favorable with amendment report on:

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

Ordered for consideration tomorrow.

Senator RITCHIE from the Committee on Judiciary submitted a favorable with amendment report on:

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

Ordered for consideration tomorrow.

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

Senator RITCHIE from the Committee on Judiciary submitted a favorable report on:

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

Ordered for consideration tomorrow.

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

Senator FAIR from the Committee on Corrections and Penology submitted a favorable with amendment report on:

S. 43 (Word version) -- Senators Ford, Mescher and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-435 SO AS TO PROVIDE THAT A SEX OFFENDER WHO IS SERVING A PROBATIONARY SENTENCE MUST BE PLACED UNDER GLOBAL POSITIONING SYSTEM SATELLITE SURVEILLANCE CONTINUOUSLY FOR THE DURATION OF HIS PROBATIONARY SENTENCE BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:

S. 99 (Word version) -- Senators Sheheen and Malloy: A BILL TO AMEND SECTIONS 7-11-20 AND 7-13-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY CONVENTIONS AND PARTY PRIMARY ELECTIONS CONDUCTED BY THE STATE ELECTION COMMISSION AND COUNTY ELECTION COMMISSIONS, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION CONDUCT PRESIDENTIAL PRIMARIES AND THAT THE STATE COMMITTEE OF THE PARTY SET THE DATE AND THE FILING REQUIREMENTS FOR THE PRESIDENTIAL PRIMARIES AND TO CLARIFY CERTAIN EXISTING PROVISIONS CONCERNING PRIMARIES; AND TO REPEAL SECTION 7-11-25 RELATING TO POLITICAL PARTIES NOT PROHIBITED FROM CONDUCTING PRESIDENTIAL PREFERENCE OR ADVISORY PRIMARIES.

Ordered for consideration tomorrow.

On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 99.

Senator RITCHIE from the Committee on Judiciary submitted a majority favorable with amendment and Senator HUTTO a minority unfavorable report on:

S. 137 (Word version) -- Senators Mescher and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110, TO PROVIDE THAT COMMON LAW MARRIAGE IN THIS STATE IS NOT VALID AFTER JUNE 30, 2008, TO FURTHER PROVIDE THAT THE PROBATE COURT SHALL WAIVE THE MARRIAGE LICENSE APPLICATION FEE FOR PARTIES WHO ARE IN A COMMON LAW MARRIAGE; AND TO REPEAL SECTION 20-1-360, RELATING TO THE VALIDITY OF A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.

Ordered for consideration tomorrow.

Senator RITCHIE from the Committee on Judiciary submitted a favorable report on:

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

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable with amendments report on:

S. 266 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA PRIORITY INVESTMENT ACT" BY AMENDING SECTION 6-29-510, RELATING TO COMPREHENSIVE PLANS OF LOCAL PLANNING COMMISSIONS, TO AMEND THE HOUSING ELEMENT AND TO PROVIDE FOR TRANSPORTATION AND PRIORITY INVESTMENT ELEMENTS OF COMPREHENSIVE PLANS; TO AMEND SECTION 6-29-720, RELATING TO THE REGULATION OF ZONING DISTRICTS, TO ALLOW LOCAL GOVERNMENTS TO DEVELOP MARKET-BASED INCENTIVES AND ELIMINATION OF UNNECESSARY HOUSING REGULATORY REQUIREMENTS TO ENCOURAGE PRIVATE DEVELOPMENT, TRADITIONAL NEIGHBORHOOD DESIGN, AND AFFORDABLE HOUSING IN PRIORITY INVESTMENT AREAS; TO AMEND SECTION 6-29-1110, RELATING TO DEFINITIONS, TO DEFINE "AFFORDABLE HOUSING", "MARKET-BASED INCENTIVES", "TRADITIONAL NEIGHBORHOOD DESIGN", AND "UNNECESSARY HOUSING REGULATORY REQUIREMENTS"; TO AMEND SECTION 6-29-1130, RELATING TO REGULATIONS OF A LOCAL GOVERNING BODY GOVERNING THE DEVELOPMENT OF LAND UPON THE RECOMMENDATION OF THE LOCAL PLANNING COMMISSION, TO FURTHER PROVIDE FOR THE CONTENT OF THESE REGULATIONS RELATING TO LAND DEVELOPMENT; AND TO PROVIDE THAT LOCAL GOVERNMENTS AMEND THEIR COMPREHENSIVE PLANS TO COMPLY WITH THESE PROVISIONS WITHIN TWENTY-FOUR MONTHS OF ENACTMENT

Ordered for consideration tomorrow.

On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 266.

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

Ordered for consideration tomorrow.

Senator HUTTO from the Committee on Judiciary submitted a favorable with amendments report on:

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

Ordered for consideration tomorrow.

Senator HUTTO from the Committee on Judiciary submitted a favorable with amendments report on:

S. 333 (Word version) -- Senator Fair: A BILL TO AMEND ARTICLE 23, CHAPTER 5, TITLE 56 OF THE 1976 CODE, RELATING TO RECKLESS HOMICIDE; RECKLESS DRIVING; DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR, DRUGS, OR NARCOTICS, BY ADDING SECTION 56-5-2943, TO PROVIDE THAT AS A CONDITION OF PROBATION FOR A SECOND OR SUBSEQUENT VIOLATION OF SECTIONS 56-5-2930, 56-5-2933, OR 56-5-2945, A COURT MAY REQUIRE THAT AN OFFENDER WEAR A CONTINUOUS REMOTE ALCOHOL MONITORING DEVICE, TO PROVIDE THAT A FINDING BY THE COURT THAT THE OFFENDER'S BLOOD ALCOHOL CONCENTRATION MEETS OR EXCEEDS EIGHT ONE-HUNDREDTHS OF ONE PERCENT SHALL BE A VIOLATION OF THE OFFENDER'S PROBATION, TO PROVIDE THAT IN ADDITION TO ANY OTHER PENALTIES IMPOSED BY THE COURT BECAUSE OF THE PROBATION VIOLATION, THE COURT MAY EXTEND THE PERIOD FOR WHICH THE OFFENDER'S LICENSE HAS BEEN SUSPENDED FOR UP TO AN ADDITIONAL TWELVE MONTHS, AND TO PROVIDE THAT THE OFFENDER MUST BEAR THE COST OF WEARING AND MONITORING THE DEVICE.

Ordered for consideration tomorrow.

Senator HUTTO from the Committee on Judiciary submitted a favorable with amendments report on:

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

Ordered for consideration tomorrow.

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

S. 368 (Word version) -- Senators Ritchie, McConnell, Courson, Leventis, Martin, Hayes, Gregory, Richardson, Malloy, Sheheen, Campsen, Cleary, Setzler and Alexander: A BILL TO AMEND SECTION 1-11-220 OF THE 1976 CODE, RELATING TO THE FLEET MANAGEMENT PROGRAM, TO PROVIDE THAT THE PROGRAM SHALL SEEK TO IMPROVE ENVIRONMENTAL QUALITY BY DECREASING THE DISCHARGE OF POLLUTANTS; AND TO AMEND SECTION 1-11-310, RELATING TO THE ACQUISITION OF THE STATE FLEET, TO PROVIDE THAT PREFERENCE MUST BE GIVEN TO HYBRID, PLUG-IN HYBRID, BIO-DIESEL OR FLEX-FUEL VEHICLES WHEN A COMPARABLE PRICE AND QUALITY IS AVAILABLE.

Ordered for consideration tomorrow.

Senator HUTTO from the Committee on Judiciary submitted a favorable report on:

S. 370 (Word version) -- Senators Gregory and Vaughn: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD ARSON IN THE FIRST DEGREE TO THE LIST OF CRIMES INCLUDED IN THE STATUTORY AGGRAVATING CIRCUMSTANCES FOR PURPOSES OF THE DEATH PENALTY.

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

S. 447 (Word version) -- Senators Gregory, Knotts, Leventis, Sheheen, Grooms, O'Dell, Lourie, Courson, Mescher, McConnell, Ritchie and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 30 TO TITLE 49 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.

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable report on:

S. 452 (Word version) -- Senators Grooms, McConnell and Campsen: A BILL TO AMEND SECTION 50-15-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANAGEMENT OF NONGAME AND ENDANGERED WILDLIFE, SO AS TO DELETE A PROVISION PERMITTING THE DEPARTMENT OF NATURAL RESOURCES TO ISSUE PERMITS TO CERTAIN PERSONS ALLOWING THE REMOVAL AND DISPOSITION OF ALLIGATORS; TO ADD SECTION 50-15-65 SO AS TO AUTHORIZE THE DEPARTMENT TO ESTABLISH AN ALLIGATOR CONTROL PROGRAM FOR THE HUNTING AND FOR THE REMOVAL OF ALLIGATORS INCLUDING ALLIGATORS ON PRIVATE LAND, TO PROVIDE FOR THE TERMS, CONDITIONS, AND FEES AND COSTS OF THIS PROGRAM, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND SECTION 50-15-80, AS AMENDED, RELATING TO PENALTIES FOR CERTAIN VIOLATIONS OF THE NONGAME AND ENDANGERED SPECIES CONSERVATION ACT AND THE DISPOSITION OF CONFISCATED PROPERTY, SO AS TO FURTHER PROVIDE FOR WHAT ACTIONS GIVE RISE TO THE PENALTY PROVISIONS; AND TO REPEAL SECTION 50-15-60 RELATING TO COST OF SPECIFIED PROGRAMS AND ALLIGATOR PRODUCTS PERMITS.

Ordered for consideration tomorrow.

Senator HAWKINS from the Committee on Judiciary submitted a favorable with amendment report on:

S. 459 (Word version) -- Senators Sheheen, Leventis, Lourie and Bryant: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-116-130 SO AS TO ENACT THE "JESSICA HORTON CAMPUS CRIME ACT" TO PROVIDE THAT CAMPUS POLICE OFFICERS SHALL NOTIFY AND WORK WITH LOCAL LAW ENFORCEMENT AGENCIES ON THE INVESTIGATION OF A DEATH OR A RAPE RESULTING FROM AN INCIDENT OCCURRING ON THE CAMPUS OF AN INSTITUTION OF HIGHER LEARNING.

Ordered for consideration tomorrow.

On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 459.

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable report on:

S. 489 (Word version) -- Senators Campsen, Gregory, McGill, Williams and Grooms: A BILL TO AMEND SECTION 50-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATIONS OF BIRDS, ANIMALS, AND FISH, SO AS TO ADD SALTWATER GAMEFISH; TO AMEND SECTION 50-5-1705, AS AMENDED, RELATING TO CATCH LIMITS, SO AS TO DELETE CERTAIN SALTWATER GAMEFISH AND TO PROVIDE CATCH LIMITS FOR OTHER SALTWATER GAMEFISH; TO AMEND SECTION 50-5-1710, AS AMENDED, RELATING TO SIZE LIMITS, SO AS TO DELETE CERTAIN SALTWATER GAMEFISH AND TO PROVIDE SIZE LIMITS FOR OTHER SALTWATER GAMEFISH AND DELETE PROVISIONS PERTAINING TO THE MANNER IN WHICH BLACK SEABASS MUST BE SOLD; AND TO REPEAL SECTION 50-5-1711 RELATING TO LIMITS ON TAKING, POSSESSING, OR SELLING DOLPHINS AND MAHIMAHI AND THE HARVEST, POSSESSION, OR SALE OF SARGASSUM, AND TO PROVIDE PENALTIES.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable report on:

S. 498 (Word version) -- Senators Mescher and Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-35 SO AS TO PROVIDE THAT THE TWENTY-SEVENTH DAY OF FEBRUARY OF EACH YEAR IS DESIGNATED AS "GENERAL FRANCIS MARION MEMORIAL DAY" IN HONOR OF THIS SOUTH CAROLINA REVOLUTIONARY WAR HERO.

Ordered for consideration tomorrow.

Senator GREGORY from the Fish, Game and Forestry Committee submitted a favorable report on:

S. 597 (Word version) -- Senators Campsen, Hutto, Bryant, Verdin and Grooms: A BILL TO AMEND SECTION 50-9-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR YOUTH HUNTING DAYS, SO AS TO PROVIDE THAT A PERSON WHO IS LESS THAN EIGHTEEN YEARS OF AGE MAY BE A YOUTH HUNTER.

Ordered for consideration tomorrow.

Senator GROOMS from the Committee on Agriculture and Natural Resources submitted a favorable report on:

S. 613 (Word version) -- Senators Grooms, Verdin and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-33-85 SO AS TO PROVIDE THAT A PHYTOSANITARY CERTIFICATE OR A PERMIT MAY BE ISSUED BY AN INSPECTOR FOR INTRASTATE AND INTERSTATE SHIPMENTS OF CONIFER AND HARDWOOD SEEDLINGS TO VERIFY THAT THEY ARE APPARENTLY FREE OF PESTS AND DISEASES, AND TO PROVIDE THAT TO ENSURE PEST AND DISEASE-FREE PLANT MATERIAL, THE PREFERRED METHOD OF TREATMENT IS FUMIGATION USING METHYL BROMIDE IN SEEDLING PLANT BEDS PRIOR TO SEEDING.

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3199 (Word version) -- Reps. G.M. Smith, Hagood, Cotty and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "ATM SAFETY ACT" BY AMENDING SECTION 16-11-380, RELATING TO ENTERING A BANK, DEPOSITORY, OR BUILDING AND LOAN ASSOCIATION WITH INTENT TO STEAL, SO AS TO INCLUDE AND CREATE VARIOUS ATM OFFENSES, TO ESTABLISH PENALTIES FOR EACH OFFENSE, TO REQUIRE THE POSTING OF A WARNING SIGN ON ATMS AND SIMILAR DEVICES, AND TO PROVIDE EXCEPTIONS; AND BY AMENDING SECTION 17-25-45, AS AMENDED, RELATING TO LIFE SENTENCES FOR CERTAIN MOST SERIOUS AND SERIOUS OFFENSES, SO AS TO ADD THE ATM OFFENSE TO THE LIST OF SERIOUS OFFENSES.

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3218 (Word version) -- Reps. Harrison, G. Brown, Thompson and Mack: A BILL TO AMEND SECTION 61-4-1115, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGREEMENTS BETWEEN IMPORTERS AND FOREIGN BREWERS OF BEER WHICH ARE BINDING ON SUCCESSOR IMPORTERS, SO AS TO REVISE THE PROVISIONS OF THIS SECTION SO THAT THE PROVISIONS ALSO APPLY TO DOMESTIC BRANDS OF BEER AND TO STIPULATE THAT WHEN A PRODUCER OR PRIMARY AMERICAN SOURCE OF SUPPLY TRANSFERS, CONVEYS, OR ASSIGNS A BRAND OF BEER TO ANOTHER PRODUCER OR PRIMARY AMERICAN SOURCE OF SUPPLY, THE ASSIGNMENT OF TERRITORY OF THAT BRAND TO A WHOLESALER, AS REQUIRED BY LAW, IS BINDING ON THE SUCCESSOR PRODUCER OR PRIMARY AMERICAN SOURCE OF SUPPLY.

Ordered for consideration tomorrow.

Senator KNOTTS from the Committee on Invitations polled out H. 3735 favorable:

H. 3735 (Word version) -- Reps. Kirsh, Simrill, Gullick, Delleney, Moss, Mulvaney and Moody-Lawrence: A CONCURRENT RESOLUTION TO RECOGNIZE YORK COUNTY AS A VITAL PART OF THE STATE, AND TO DECLARE MARCH 27, 2007, "YORK COUNTY DAY" IN SOUTH CAROLINA.

Poll of the Invitations Committee
Polled 11; Ayes 9; Nays 0; Not Voting 2

AYES

Knotts                    Alexander                 Patterson
McGill                    Reese                     Ford
Verdin                    Campsen                   Cromer

Total--9

NAYS

Total--0

NOT VOTING

O'Dell                    Elliott

Total--2

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., March 28, 2007

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Walker, Owens, J. M. Neal to the Committee of Conference on the part of the House 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 PROMULGATE REGULATIONS, PROVIDE FOR A STUDY TO DETERMINE THE FEASIBILITY OF PROVIDING THE VIRTUAL SCHOOL PROGRAM TO STUDENTS ENROLLED IN ADULT EDUCATION PROGRAMS, PROVIDE FOR AN ANNUAL REPORT TO THE GENERAL ASSEMBLY, AND PROVIDE FOR AN ON-LINE PROGRAM IN A CHARTER SCHOOL; AND BY ADDING SECTION 59-40-65 SO AS TO PROVIDE THAT CERTAIN INFORMATION MUST BE INCLUDED IN THE CHARTER SCHOOL APPLICATION IF A CHARTER SCHOOL OFFERS A PROGRAM OF ON-LINE INSTRUCTION AND PROVIDE THAT CHARTER SCHOOL STUDENTS MAY ENROLL IN THE VIRTUAL SCHOOL PROGRAM PURSUANT TO PROGRAM REQUIREMENTS.
Very respectfully,
Speaker of the House

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

ORDERED ENROLLED FOR RATIFICATION

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

H. 3396 (Word version) -- Reps. Cato, Harrell, Sandifer, Bales, Battle, G. Brown, Chellis, Cooper, Haley, Hamilton, Harrison, Herbkersman, Howard, Jennings, Leach, Mack, Merrill, Ott, Owens, Perry, Scarborough, Thompson, Huggins, Dantzler and Viers: A BILL TO AMEND SECTION 58-12-5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSES, FUNDING, AND PREEMPTION PROVISIONS IN REGARD TO CABLE TELEVISION SERVICES, SO AS TO INCLUDE VIDEO SERVICES THEREIN; TO AMEND ARTICLE 3, CHAPTER 12 OF TITLE 58, RELATING TO STATE-ISSUED CERTIFICATES OF FRANCHISE AUTHORITY FOR THE PROVISION OF CABLE SERVICES, SO AS TO ALSO MAKE THE PROVISIONS OF THIS ARTICLE APPLICABLE TO VIDEO SERVICES PROVIDED THROUGH WIRELINE FACILITIES; AND TO AMEND SECTION 58-9-2200, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO TELECOMMUNICATIONS SERVICES, SO AS TO REVISE THE DEFINITION OF "RETAIL TELECOMMUNICATIONS SERVICES".

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

S. 324 (Word version) -- Senators McGill and Knotts: A BILL TO AMEND SECTION 59-26-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS CERTIFICATION, SO AS TO PROVIDE THAT TEACHERS WHO ARE CERTIFIED BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS (NBPTS), BUT NOT YET CERTIFIED BY THE STATE, SHALL RECEIVE AN INCREASE IN PAY EQUAL TO TWO-THIRDS OF THE AMOUNT PROVIDED FOR STATE-CERTIFIED TEACHERS WHO ALSO ARE NBPTS CERTIFIED.

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

S. 614 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO SEWERAGE AND WATER UTILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3063, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator RITCHIE explained the Joint Resolution.

S. 615 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO TELECOMMUNICATIONS UTILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3052, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3724 (Word version) -- Rep. Coleman: A BILL TO DEVOLVE ALL OF THE POWERS, DUTIES, RESPONSIBILITIES, ASSETS, AND LIABILITIES OF THE HISTORICAL COMMISSION FOR FAIRFIELD COUNTY AND THE FAIRFIELD COUNTY RECREATION DISTRICT UPON THE GOVERNING BODY OF FAIRFIELD COUNTY, AND TO PROVIDE A PROCEDURE FOR THE DEVOLUTION OF POWERS, DUTIES, RESPONSIBILITIES, ASSETS, AND LIABILITIES; AND TO REPEAL ACT 1079 OF 1958 RELATING TO THE HISTORICAL COMMISSION FOR FAIRFIELD COUNTY, AND ACT 1059 OF 1970 RELATING TO THE FAIRFIELD COUNTY RECREATION DISTRICT.

On motion of Senator SHORT, the Bill was read the second time, passed and ordered to a third reading.

H. 3724--Ordered to a Third Reading

On motion of Senator SHORT, H. 3724 was ordered to receive a third reading on Thursday, March 29, 2007.

S. 425 (Word version) -- Senators Sheheen and Vaughn: A BILL TO AMEND SECTION 56-3-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE TAGS TO CERTAIN HANDICAPPED PERSONS, SO AS TO DELETE THE TERM "LICENSE TAG" AND REPLACE IT WITH THE TERM "LICENSE PLATE", AND TO REVISE THE CRITERIA FOR THE ISSUANCE OF THE LICENSE PLATE; TO AMEND SECTION 56-3-1950, AS AMENDED, RELATING TO THE DEFINITION OF THE TERM "HANDICAPPED", AND THE REQUIREMENT THAT A LICENSED PHYSICIAN SHALL CERTIFY THAT A PERSON'S TOTAL AND PERMANENT DISABILITY SUBSTANTIALLY IMPAIRS HIS ABILITY TO WALK, SO AS TO REVISE THE DEFINITION OF THE TERM "HANDICAPPED" AND TO DELETE THE PROVISION RELATING TO THE CERTIFICATION OF A PERSON WHO IS TOTALLY AND PERMANENTLY DISABLED; TO AMEND SECTION 56-3-1960, AS AMENDED, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, AND THE ISSUANCE AND DISPLAY OF HANDICAPPED LICENSE PLATES AND PLACARDS, SO AS TO DELETE THE PROVISION THAT PROVIDES FOR THE ISSUANCE OF HANDICAPPED LICENSE PLATES, AND TO REVISE THE PROVISIONS REGARDING THE CONTENT, ISSUANCE PROCEDURE, AND DISPLAY OF HANDICAPPED PLACARDS; TO AMEND SECTION 56-3-1965, RELATING TO MUNICIPALITIES DESIGNATING PARKING SPACES FOR HANDICAPPED PERSONS, SO AS TO REVISE THE PROCEDURES THAT ALLOW A HANDICAPPED PERSON TO PARK IN METERED OR TIMED PARKING PLACES WITHOUT BEING SUBJECT TO PARKING FEES OR FINES; AND TO AMEND SECTION 56-3-1971, AS AMENDED, RELATING TO THE ISSUANCE OF A UNIFORM PARKING VIOLATION TICKET, SO AS TO ALLOW CERTAIN VOLUNTEERS TRAINED BY A LAW ENFORCEMENT AGENCY TO ISSUE THESE TICKETS.

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

The Committee on Transportation proposed the following amendment (425R001.WGR), which was adopted:

Amend the bill, as and if amended, on page 3, by striking lines 16 - 18 and inserting:

/   (E)   A person who falsifies information on an application form is guilty of a misdemeanor and, upon conviction, may be fined not less than three hundred dollars but not more than five hundred dollars or have his license suspended for up to thirty days, or both. An order of the court imposing the license suspension must be transmitted to the Department of Motor Vehicles in the manner provided in Section 56-5-2970.       /

Renumber sections to conform.

Amend title to conform.

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

CARRIED OVER

S. 449 (Word version) -- Senators Martin, Verdin, Sheheen, Leventis, Bryant and Knotts: A BILL TO AMEND CHAPTER 1, TITLE 56 OF THE 1976 CODE, BY ADDING SECTION 56-1-85, TO PROVIDE THAT THE STATE WILL NOT PARTICIPATE IN THE IMPLEMENTATION OF THE REAL ID ACT UNTIL THE FEDERAL GOVERNMENT MAKES CERTAIN MODIFICATIONS.

On motion of Senator SETZLER, the Bill was carried over.

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

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

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

COMMITTEE AMENDMENT AMENDED
DEBATE INTERRUPTED

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

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment P-20 (355R034.WCM) proposed by Senator MESCHER and previously printed in the Journal of March 22, 2007.

Amendment No. P-20

Senator MESCHER proposed the following Amendment P-20 (355R034.WCM), which was adopted:

Amend the committee amendment, as and if amended, page [355-10] by striking lines 26 - 43 and Page [355-11] by striking lines 1 - 23 and inserting:

/   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 six years, except as provided in subsection (B), which expires on February fifteenth of the appropriate year as provided in this section. Commissioners shall continue to serve until their successors are elected and qualify, provided that a commissioner may only serve in a hold-over capacity for a period not to exceed six months. Any vacancy occurring in the office of commissioner a board member shall must be filled by election appointment in the manner provided in this article chapter for the unexpired term only. No person is eligible to serve as a commission board member who is not a resident of that district the congressional district he represents at the time of his appointment, except that the at-large commission board member may be appointed from any county congressional district in the State regardless of whether another commissioner is serving from that county. Failure by a commission board member to maintain residency in the congressional district for which he is elected during his term shall result in the forfeiture of his office. The at-large commission board member, upon confirmation, shall must serve as chairman of the commission board.

(B)   The terms of the initial board members of the commission initially appointed from congressional districts are as follows:

(1)   for the at-large board member -- beginning in 2007 for a term to end February 15, 2010, and thereafter for terms of four years coterminous with the Governor;

(2)   commission for board members appointed to represent odd-numbered congressional districts--two beginning in 2007 for a term to end February 15, 2010, and thereafter for terms of six years; and

(2)(3)   commission for board members appointed to represent even-numbered congressional districts--four beginning in 2007 for a term to end February 15, 2012, and thereafter for terms of six 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).         /

Renumber sections to conform.

Amend title to conform.

Senator MESCHER explained the amendment.

Amendment No. P-21C

Senators McCONNELL, MOORE, SHEHEEN, RANKIN, MALLOY and FORD proposed the following Amendment P-21C (JUD0355.018), which was adopted:

Amend the committee report, as and if amended, pages [355-6] and [355-7], in Section 57-1-60, by striking lines 17 through 43 on page [355-6] and striking lines 1-36 on page [355-7], and inserting:

/     (B)(1)   The Department of Transportation Board, in conjunction with the Chief Highway Engineer, must develop a methodology for determining how to design the statewide transportation priority plan that includes, but is not limited to, the schedule of priorities for all major construction projects and funds allocated to complete those projects.

(2)   In developing the methodology, the department must 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 and staff or a hearing officer in a format so that comments are heard by the general public attending the hearing. A recording of the public hearing and documents received as public comment must be available to the public as provided in Chapter 4 of Title 30, the South Carolina Freedom of Information Act.

(4)   The methodology must be submitted to the Joint Transportation Review Committee for review and comment as provided in Section 57-1-730(10)(a).

(5)(a)   Following review of the methodology by the Joint Transportation Review Committee, the board must finalize and approve the methodology. After the methodology is approved, the board, in conjunction with the Chief Highway Engineer, must design the statewide transportation priority plan in compliance with the approved methodology.

(b)   The department shall conduct one or more public hearings to receive input prior to developing the statewide transportation priority plan. If required by federal regulations, the department must conduct a public hearing in each county affected to allow the department to share information regarding the project with the local community and to allow the local community to address its concerns with department board members and staff. Any public hearing must include the 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)   The plan must be submitted to the Joint Transportation Review Committee for review and comment. Following its evaluation, the Joint Transportation Review Committee must submit a letter to the General Assembly and the Board indicating it has reviewed and the plan and forward its comments as provided in Section 57-1-730(10)(b).

(D)   Following review of the statewide transportation priority plan by the Joint Transportation Review Committee, the department must promulgate the statewide transportation priority plan as a regulation under the provisions of Article 3 of Chapter 23 of Title 1, the State Administrative Procedures Act. The statewide transportation priority plan 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 statewide transportation priority plan must not be promulgated as an emergency regulation under the provisions of Section 1-23-130.       /

Amend the committee report further, as and if amended, pages [355-8] and [355-9], Section 57-1-310(B), by striking lines 38 through 43 on page [355-8] and striking lines 1 and 2 on page [355-9] and inserting:

/     (B)   In appointing and confirming the board members, the Governor and Senate must take into account race and gender so as to represent, to the greatest extent possible, all segments of the population of the State, including representation from rural and urban areas; however, consideration of these factors in making in an appointment in no way creates a cause of action or basis for a grievance for a person appointed or for a person who fails to be appointed.

(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 Assembly or a member of his immediate family be appointed to the board for a period of four years after the member either:

(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.   /

Amend the committee report further, as and if amended, page [355-12], in Section 57-1-410, by striking lines 1-20 and inserting:

/     Section 57-1-410.   (A)   The commission board shall employ a director an Executive Director who shall serve at the pleasure of the commission board. A person appointed to this position shall be a citizen of practical and successful business and executive ability who has a knowledge in the field of transportation. The director Executive Director shall receive such compensation as may be established determined by the Joint Transportation Review Committee under the provisions of Section 8-11-160 and for which funds have been authorized in the general appropriation act.

(B)   The board shall employ a Chief Highway Engineer who may be removed by the board for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity. A person appointed to this position shall be a citizen with civil engineering experience and any other experience the board may require. The Chief Highway Engineer shall receive such compensation as may be determined by the Joint Transportation Review Committee under the provisions of Section 8-11-160 and for which funds have been authorized in the general appropriation act./

Amend the committee report further, as and if amended, page [355-13], Section 57-1-720(A), by striking lines 34-37 and inserting:

/   (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;   /

Amend the committee report further, as and if amended, pages [355-14] through [355-16], by striking Section 57-1-410 in its entirety and inserting therein:

/   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, 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 conduct an annual performance review of each member of the Department of Transportation Board, which must be submitted to the General Assembly. A draft of the member's performance review must be submitted to the member, and the member must be allowed an opportunity to be heard before the review committee before the final draft of the performance review is submitted to the General Assembly. The final performance review must be made a part of the member's record for consideration if the member seeks reelection to the commission;

(5)   to evaluate the actions of the board, so that the members of the General Assembly may better judge whether these actions serve the best interests of the citizens of South Carolina, both individual and corporate;

(6)   to submit to the General Assembly, on an annual basis, the review committee's evaluation of the performance of the board. A proposed draft of the evaluation must be submitted to the board prior to submission to the General Assembly, and the board must be given an opportunity to be heard before the review committee prior to the completion of the evaluation and its submission to the General Assembly;

(7)   to conduct an annual performance review of the Executive Director of the Department of Transportation, which must be submitted to the General Assembly. A draft of the executive director's performance review must be submitted to the executive director, and the executive director must be allowed an opportunity to be heard before the review committee before the final draft of the performance review is submitted to the General Assembly;

(8)   to assist in developing an annual workshop of at least six contact hours concerning ethics and the Administrative Procedures Act for the board members and employees of the Department of Transportation;

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

(10)(a)to submit a letter to the General Assembly indicating the review committee has reviewed methodology for the statewide transportation priority plan as provided in Section 57-1-60(B)(4);

(b)   following its evaluation of the statewide transportation priority plan, to submit a letter to the General Assembly indicating the review committee has reviewed the statewide transportation priority plan as provided in Section 57-1-60(C);

(11)   to appoint a committee from the general public at large to advise the review committee on any of its powers and duties. Members must not be members of the General Assembly, board members, the Executive Director, Chief Highway Engineer, or employees of the Department of Transportation; and

(12)   to undertake such additional studies or evaluations as the review committee considers necessary.   /

Amend the committee report further, as and if amended, page [355-18], SECTION 7(B), by striking line 9 and inserting:

/   the transfer is made under the act.

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

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

On motion of Senator HUTTO, with unanimous consent, Senators LOURIE and HUTTO were granted leave to attend a subcommittee meeting.

Senator McCONNELL explained the amendment.

ACTING PRESIDENT PRESIDES

At 3:35 P.M., Senator MARTIN assumed the Chair.

Senator McCONNELL explained the amendment.

RECESS

At 3:43 P.M., with Senator McCONNELL retaining the floor, on motion of Senator GROOMS, the Senate receded from business not to exceed five minutes.

At 3:48 P.M., the Senate resumed.

Senator McCONNELL explained the amendment.

RECESS

At 3:49 P.M., on motion of Senator McCONNELL, the Senate receded from business not to exceed thirty minutes.

At 4:30 P.M., the Senate resumed.

Call of the Senate

At 4:32 P.M., Senator McCONNELL moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Ford                      Gregory                   Grooms
Hawkins                   Hayes                     Jackson
Knotts                    Land                      Leatherman
Malloy                    Martin                    Matthews
McConnell                 McGill                    Mescher
Moore                     O'Dell                    Patterson
Peeler                    Pinckney                  Rankin
Reese                     Ritchie                   Ryberg
Scott                     Setzler                   Sheheen
Short                     Thomas                    Vaughn
Verdin                    Williams

Senator McCONNELL spoke on the Bill.

PRESIDENT PRESIDES

At 4:36 P.M., the PRESIDENT assumed the Chair.

Senator McCONNELL spoke on the Bill.

At 5:22 P.M., Senator MARTIN asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 12:00 Noon.

There was no objection and a message was sent to the House accordingly.

Senator McCONNELL resumed speaking on the Bill.

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

On motion of Senators GROOMS and MESCHER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Cpl. Marcus Stiles and Pfc. Lonnie Wells, members of the Moncks Corner Police Department of Moncks Corner, S.C., who lost their lives while in the performance of their duties. Cpl. Stiles, 26, was born in New Brunswick, Canada, and was recently promoted on Nov. 15, 2006. Pfc. Wells, 40, was born in Quincy, Florida, and was Moncks Corner Police Officer of the Year for 2005, and was recently transferred to patrol in January.

At 5:32 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

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