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

Thursday, March 29, 2007
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

As the prophet Habakkuk wrote:

"God, the Lord, is my strength; he makes my feet like the feet of a deer, and makes me tread upon the heights."   (Habakkuk 3:19)

Let us pray, friends:

O God, our faith in you always adds a new dimension to what we might accomplish, as the prophet, Habakkuk, knew full well. Lord, lead us, also, to look beyond our present challenges-not to ignore them-but to gain a proper perspective concerning all the things that really matter. Keep us from bogging down when problems seem hopeless and debate appears to lead nowhere. Instead, allow us to trust in You, for-as always-You will lead us in the ways You wish us as your leaders to go. This we pray in Your name, Lord.
Amen.

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

Doctor of the Day

Senator FAIR introduced Dr. Woodrow W. Long of Greenville, S.C., Doctor of the Day.

ACTING PRESIDENT PRESIDES

At 11:23 A.M., Senator MARTIN assumed the Chair.

Presentation

On motion of Senator PEELER, with unanimous consent, the Senate recognized Mr. Scott Ramsey and presented a Certificate to him on the occasion of his retirement from the Senate. The Senate conveyed its best wishes in his future endeavors with the School for the Deaf and Blind in Spartanburg, S.C.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 624 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 1-11-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY TO PARTICIPATE IN STATE INSURANCE PLANS, SO AS TO PROVIDE THAT AN ACTIVE, FULL-TIME PERMANENT EMPLOYEE OF A STATE-COVERED ENTITY APPROVED FOR DISABILITY RETIREMENT IS ELIGIBLE TO PARTICIPATE IN PLANS WITH STATE-PAID PREMIUMS IF THE DISABILITY IS THE RESULT OF AN INJURY ARISING OUT OF AND IN THE COURSE OF THE PERFORMANCE OF THE PERSON'S OFFICIAL DUTIES.
l:\s-jud\bills\mcconnell\jud0079.ha.doc

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

S. 625 (Word version) -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CLEMSON UNIVERSITY, LIVESTOCK-POULTRY HEALTH COMMISSION, RELATING TO INTRASTATE MOVEMENT OF CERTAIN ANIMALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3108, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
l:\council\bills\nbd\11467ac07.doc

Read the first time and ordered placed on the Calendar without reference.

S. 626 (Word version) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO RECOGNITION OF PREFERRED MORTALITY TABLES FOR USE IN DETERMINING MINIMUM RESERVE LIABILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3115, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
l:\council\bills\nbd\11469ac07.doc

Read the first time and ordered placed on the Calendar without reference.

S. 627 (Word version) -- Senator Cromer: A CONCURRENT RESOLUTION HONORING AND THANKING THE SOUTH CAROLINA STUDENT LEGISLATURE FOR ALL THE HARD WORK AND DUTIFUL SERVICE IN HELPING TO EDUCATE THE STUDENTS OF SOUTH CAROLINA IN THE WORKINGS OF GOVERNMENT AND THE LEGISLATURE AND WISHING THEM MUCH SUCCESS IN THEIR CONTINUED YEARS OF SERVICE.
l:\s-res\rwc\005stud.mrh.doc

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

S. 628 (Word version) -- Senators Patterson, Anderson, Ford, Jackson, Malloy, Matthews, Pinckney and Williams: A SENATE RESOLUTION TO EXPRESS THE GRATITUDE OF THE SOUTH CAROLINA SENATE TO BARACK OBAMA, UNITED STATES SENATOR FROM ILLINOIS, FOR DELIVERING THE MAIN ADDRESS AT THE APRIL 13, 2007, SOUTH CAROLINA LEGISLATIVE BLACK CAUCUS ROUND TABLE GALA.
l:\council\bills\rm\1156sd07.doc

S. 629 (Word version) -- Senators Williams and Malloy: A SENATE RESOLUTION TO CONGRATULATE THE WILSON HIGH SCHOOL "TIGERS" BOYS VARSITY BASKETBALL TEAM OF FLORENCE COUNTY ON ITS IMPRESSIVE SEASON WINNING THE CLASS AAA STATE CHAMPIONSHIP AND TO HONOR ITS PLAYERS AND THEIR COACH, BOB WILSON, ON A SENSATIONAL SEASON.
l:\council\bills\pb\27003mm07.doc

REPORTS OF STANDING COMMITTEES

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

S. 274 (Word version) -- Senators Fair, Verdin, Anderson, Sheheen, Campsen, Thomas, Williams, Bryant, Cromer and Scott: A BILL TO AMEND CHAPTER 21, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF CORRECTIONS, BY ADDING ARTICLE 13 SO AS TO ALLOW THE DEPARTMENT TO ESTABLISH DAY REPORTING CENTERS FOR CERTAIN INMATES.

Ordered for consideration tomorrow.

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

Ordered for consideration tomorrow.

Senator THOMAS from the Committee on Banking and Insurance submitted a favorable with amendment report on:

S. 414 (Word version) -- Senators Land, Martin, Alexander, Cromer, Fair, Jackson, Matthews, Moore, O'Dell, Reese and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 77, TITLE 38 SO AS TO ENACT THE "VEHICLE PROTECTION PRODUCT ACT", TO PROVIDE FOR DEFINITIONS, TO REQUIRE THE REGULATION OF VEHICLE PROTECTION PRODUCT WARRANTIES, TO REQUIRE A VEHICLE PROTECTION PRODUCT WARRANTY TO ADHERE TO THE PROVISIONS OF ARTICLE 12, AND TO AUTHORIZE THE DIRECTOR OF INSURANCE TO IMPOSE CIVIL PENALTIES FOR VIOLATIONS OF ARTICLE 12.

Ordered for consideration tomorrow.

Senator THOMAS from the Committee on Banking and Insurance submitted a favorable with amendment report on:

S. 344 (Word version) -- Senators McConnell, Rankin, Elliott, Knotts, Malloy, Hawkins and Vaughn: A BILL TO AMEND SECTION 38-73-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RATE FILINGS REQUIRED, SO AS TO REQUIRE WORKERS' COMPENSATION INSURERS TO FILE WITH THE DEPARTMENT OF INSURANCE THEIR LOSS COSTS MULTIPLIERS; TO AMEND THE 1976 CODE BY ADDING SECTION 28-73-525 SO AS TO PROVIDE THE TIME FRAME IN WHICH WORKERS' COMPENSATION INSURERS MUST FILE THEIR LOSS COSTS MULTIPLIERS AND TO FURTHER PROVIDE THE MINIMUM INFORMATION THAT MUST BE INCLUDED IN THEIR FILINGS; TO AMEND SECTION 38-73-960, RELATING TO EFFECTIVE DATES OF PROPERTY AND CASUALTY RATE FILINGS, SO AS TO EXCLUDE WORKERS' COMPENSATION LOSS COSTS MULTIPLIERS FROM THOSE PROVISIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-965 SO AS TO PROVIDE THAT THE EFFECTIVE DATE OF FILINGS FOR WORKERS' COMPENSATION LOSS COSTS MULTIPLIERS ARE GOVERNED BY SECTION 38-73-525; AND TO AMEND SECTION 38-73-990, RELATING TO THE DISAPPROVAL OF FILINGS, SO AS TO PROVIDE THAT THE DIRECTOR OR HIS OR HER DESIGNEE HAS THE AUTHORITY TO DISAPPROVE ANY WORKERS' COMPENSATION RATES AT ANY TIME AFTER THEY BECOME EFFECTIVE IF HE OR SHE DETERMINES THE RATES DO NOT MEET THE REQUIREMENTS OF CHAPTER 73 OF TITLE 38.

Ordered for consideration tomorrow.

Senator THOMAS from the Committee on Banking and Insurance submitted a favorable with amendment report on:

S. 456 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 69, TITLE 38, SO AS TO ENACT THE "ANNUITY INVESTMENTS BY SENIORS ACT" TO PROVIDE STANDARDS AND PROCEDURES FOR RECOMMENDATIONS TO SENIOR CONSUMERS TO ENSURE THAT ANNUITY PRODUCTS FOR THESE SENIOR CONSUMERS ADDRESS THEIR INSURANCE AND FINANCIAL NEEDS.

Ordered for consideration tomorrow.

Senator THOMAS from the Committee on Banking and Insurance submitted a favorable report on:

S. 589 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 38-90-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CAPTIVE INSURANCE COMPANY TAKING CREDIT FOR RESERVES ON RISKS OR PORTIONS OF RISKS CEDED TO REINSURERS COMPLYING WITH THE PROVISIONS OF SECTIONS 38-9-200, 38-9-210, AND 38-9-220, SO AS TO PROVIDE THAT AN INDUSTRIAL INSURED CAPTIVE INSURANCE COMPANY MAY NOT TAKE CREDIT IF NOT IN COMPLIANCE WITH THOSE PROVISIONS OF LAW, AND PROVIDE THAT ALL OTHER CAPTIVE INSURANCE COMPANIES MAY NOT TAKE CREDIT FOR RESERVES PURSUANT TO THOSE PROVISIONS UNLESS SPECIFIC APPROVAL HAS BEEN GRANTED BY THE DIRECTOR OF INSURANCE.

Ordered for consideration tomorrow.

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

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolution and Bill were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

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.

By prior motion of Senator GREGORY, with unanimous consent

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.

By prior motion of Senator SHORT

The following Joint Resolutions were read the third time and ordered sent to the House of Representatives:

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.

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.

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

S. 17 (Word version) -- Senators Hayes, Campsen, Mescher, Knotts, Cleary, Fair, Elliott and Ford: 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.

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.

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.

On motion of Senator KNOTTS, with unanimous consent, the name of Senator KNOTTS was added as a co-sponsor of S. 370.

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.

On motion of Senator KNOTTS, with unanimous consent, the name of Senator KNOTTS was added as a co-sponsor of S. 452.

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.

On motion of Senator CAMPSEN, with unanimous consent, the name of Senator CAMPSEN was added as a co-sponsor of S. 498.

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.

Senator CAMPSEN explained the Bill.

H. 3558 (Word version) -- Reps. Lowe, Williams, Branham and Alexander: A BILL TO PROVIDE THAT THE TERMS OF OFFICE OF ELECTED MEMBERS OF THE BOARD OF TRUSTEES OF FLORENCE COUNTY SCHOOL DISTRICT FOUR IS INCREASED FROM THREE TO FOUR YEARS FOR ALL TRUSTEES ELECTED BEGINNING WITH ELECTIONS HELD ON AND AFTER 2007.

On motion of Senator LAND

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.

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

The Committee on Judiciary proposed the following amendment (JUD0009.003), which was adopted:

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

/   SECTION   1.   Section 20-7-110(1) of the 1976 Code is amended to read:

"Section 20-7-110.   In all child abuse and neglect proceedings:

(1)   Children must be appointed legal counsel and a guardian ad litem by the family court. In the event the individual appointed as the guardian ad litem is an attorney guardian ad litem, the appointed individual shall serve as the guardian ad litem and legal counsel. The court must not, absent extraordinary circumstances, appoint additional legal counsel to represent an attorney guardian ad litem. The appointed attorney guardian must petition the family court for the appointment of legal counsel and set forth the extraordinary circumstances necessitating the appointment. Counsel for the child in no case may be the same as counsel for the parent, guardian, or other person subject to the proceeding or any governmental or social agency involved in the proceeding."

SECTION   2.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

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

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.

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

The Committee on Judiciary proposed the following amendment (JUD0013.002), which was adopted:

Amend the bill, as and if amended, page 2, by striking lines 38 through 42 in their entirety and inserting:

/   (12)   'Person' means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, governmental agency or instrumentality, public corporation, or any other legal or commercial entity.           /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

Senator RITCHIE explained the Bill.

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

S. 15 (Word version) -- Senators Hayes, Campsen, Vaughn, McConnell, Mescher, Ritchie, Knotts, Cleary, Leatherman, Setzler, Fair, Elliott and Ford: 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".

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

The Committee on Judiciary proposed the following amendment (JUD0015.002), which was adopted:

Amend the bill, as and if amended, page 3, Section 20-4-340(A), as contained in SECTION 1, by striking line 34 in its entirety and inserting:

/   Section 20-4-340.   (A)   A law enforcement officer of this State,/

Amend the bill further, page 4, Section 20-4-350(D), as contained in SECTION 1, by striking lines 35-38 in their entirety and inserting:

/   (D)   An individual registering a foreign protection order shall file an affidavit by the protected individual in the family court stating that, to the best of the protected individual's knowledge, the order is currently in effect.       /

Amend the bill further, as and if amended, page 5, Section 20-4-395, as contained in SECTION 1, by striking lines 31-36 in their entirety and inserting:

/     Section 20-4-395.   This article applies to protection orders issued before July 1, 2007, and to continuing actions for enforcement of foreign protection orders commenced before July 1, 2007. A request for enforcement of a foreign protection order made after June 30, 2007, for violations of a foreign protection order occurring before July 1, 2007, is governed by this article."

Amend the bill further, as and if amended, page 5, after line 13, by inserting therein the following:

/     Section 20-4-375.   (A)   A person who knowingly or willfully makes, presents, files, or attempts to file a false, fictitious, or fraudulent foreign protection order is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both, in the discretion of the court.

(B)   If a family court determines that a person has knowingly or willfully made, presented, filed, or attempted to file a false, fictitious, or fraudulent foreign protection order, the respondent is entitled to recover from the person who made, presented, filed, or attempted to file the report such relief as may be appropriate, including:

(1)   actual damages;

(2)   punitive damages; and

(3)   a reasonable attorney's fee and other litigation costs reasonably incurred.   /

Amend the bill further, as and if amended, page 5, after line 40, by adding an appropriately numbered SECTION to read:
/   SECTION   ____.   Section 20-4-140 of the 1976 Code is repealed. /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

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

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.

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

The Committee on Corrections and Penology proposed the following amendment (SWB\5125CM07), which was adopted:

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

/ SECTION   1.   Article 5, Chapter 21, Title 24 of the 1976 Code is amended by adding:

"Section 24-21-435.   A person who is determined to be a sex offender pursuant to Section 23-3-430, who is serving a probationary sentence, and has been determined by the Department of Probation, Parole and Pardon Services to pose a great risk of becoming a recidivist, or has been convicted of a second offense pursuant to Section 23-3-430, must be placed under global positioning system satellite surveillance continuously for the duration of his probationary sentence by the department."

SECTION   2.   This act takes effect upon approval by the Governor and implemented upon the appropriation of sufficient funds by the General Assembly. /

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the committee amendment.

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

S. 266 (Word version) -- Senators Martin and Ford: 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

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

The Committee on Judiciary proposed the following amendment (JUD0266.003), which was adopted:

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

/   A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA PRIORITY INVESTMENT ACT" BY AMENDING SECTION 6-29-510, RELATING TO COMPREHENSIVE PLANS OF LOCAL PLANNING COMMISSIONS, SO AS 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, SO AS TO ALLOW LOCAL GOVERNMENTS TO DEVELOP MARKET-BASED INCENTIVES AND ELIMINATION OF NONESSENTIAL 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, SO AS TO DEFINE "AFFORDABLE HOUSING", "MARKET-BASED INCENTIVES", "TRADITIONAL NEIGHBORHOOD DESIGN", AND "NONESSENTIAL 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, SO AS 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.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   This act may be cited as the "South Carolina Priority Investment Act".

SECTION   2.   Section 6-29-510(D) of the 1976 Code is amended to read:

"(D)   A local comprehensive plan must include, but not be limited to, the following planning elements:

(1)   a population element which considers historic trends and projections, household numbers and sizes, educational levels, and income characteristics;

(2)   an economic development element which considers labor force and labor force characteristics, employment by place of work and residence, and analysis of the economic base;

(3)   a natural resources element which considers coastal resources, slope characteristics, prime agricultural and forest land, plant and animal habitats, parks and recreation areas, scenic views and sites, wetlands, and soil types. Where a separate board exists pursuant to this chapter, this element is the responsibility of the existing board;

(4)   a cultural resources element which considers historic buildings and structures, commercial districts, residential districts, unique, natural, or scenic resources, archaeological, and other cultural resources. Where a separate board exists pursuant to this chapter, this element is the responsibility of the existing board;

(5)   a community facilities element which considers transportation network; water supply, treatment, and distribution; sewage system and wastewater treatment; solid waste collection and disposal, fire protection, emergency medical services, and general government facilities; education facilities; and libraries and other cultural facilities;

(6)   a housing element which considers location, types, age, and condition of housing, owner and renter occupancy, and affordability of housing; and. This element includes an analysis to ascertain nonessential housing regulatory requirements, as defined in this chapter, that add to the cost of developing affordable housing but are not necessary to protect the public health, safety, or welfare and an analysis of market-based incentives that may be made available to encourage development of affordable housing, which incentives may include density bonuses, design flexibility, and streamlined permitting processes;

(7)   a land use element which considers existing and future land use by categories, including residential, commercial, industrial, agricultural, forestry, mining, public and quasi-public, recreation, parks, open space, and vacant or undeveloped.;

(8)   a transportation element that considers transportation facilities, including major road improvements, new road construction, transit projects, pedestrian and bicycle projects, and other elements of a transportation network. This element must be developed in coordination with the land use element, to ensure transportation efficiency for existing and planned development;

(9)   a priority investment element that analyzes the likely federal, state, and local funds available for public infrastructure and facilities during the next ten years and recommends the projects for expenditure of those funds during the next ten years for needed public infrastructure and facilities such as water, sewer, roads, and schools. The recommendation of those projects for public expenditure must be done through coordination with adjacent and relevant jurisdictions and agencies. For the purposes of this item, 'adjacent and relevant jurisdictions and agencies' means those counties, municipalities, public service districts, school districts, public and private utilities, transportation agencies, and other public entities that are affected by or have planning authority over the public project. For the purposes of this item, 'coordination' means written notification by the local planning commission or its staff to adjacent and relevant jurisdictions and agencies of the proposed projects and the opportunity for adjacent and relevant jurisdictions and agencies to provide comment to the planning commission or its staff concerning the proposed projects. Failure of the planning commission or its staff to identify or notify an adjacent or relevant jurisdiction or agency does not invalidate the local comprehensive plan and does not give rise to a civil cause of action."

SECTION   3.   Section 6-29-720(C) of the 1976 Code is amended to read:

"(C)   The zoning ordinance may utilize the following or any other zoning and planning techniques for implementation of the goals specified above. Failure to specify a particular technique does not cause use of that technique to be viewed as beyond the power of the local government choosing to use it:

(1)   'cluster development' or the grouping of residential, commercial, or industrial uses within a subdivision or development site, permitting a reduction in the otherwise applicable lot size, while preserving substantial open space on the remainder of the parcel;

(2)   'floating zone' or a zone which is described in the text of a zoning ordinance but is unmapped. A property owner may petition for the zone to be applied to a particular parcel meeting the minimum zoning district area requirements of the zoning ordinance through legislative action;

(3)   'performance zoning' or zoning which specifies a minimum requirement or maximum limit on the effects of a land use rather than, or in addition to, specifying the use itself, simultaneously assuring compatibility with surrounding development and increasing a developer's flexibility;

(4)   'planned development district' or a development project comprised of housing of different types and densities and of compatible commercial uses, or shopping centers, office parks, and mixed-use developments. A planned development district is established by rezoning prior to development and is characterized by a unified site design for a mixed use development;

(5)   'overlay zone' or a zone which imposes a set of requirements or relaxes a set of requirements imposed by the underlying zoning district when there is a special public interest in a particular geographic area that does not coincide with the underlying zone boundaries; and

(6)   'conditional uses' or zoning ordinance provisions that impose conditions, restrictions, or limitations on a permitted use that are in addition to the restrictions applicable to all land in the zoning district. The conditions, restrictions, or limitations must be set forth in the text of the zoning ordinance; and

(7)   'priority investment zone' in which the governing authority adopts market-based incentives or relaxes or eliminates nonessential housing regulatory requirements, as these terms are defined in this chapter, to encourage private development in the priority investment zone. The governing authority also may provide that traditional neighborhood design and affordable housing, as these terms are defined in this chapter, must be permitted within the priority investment zone."

SECTION   4.   Section 6-29-1110 of the 1976 Code is amended to read:

(1)   'Affordable housing' means in the case of dwelling units for sale, housing in which mortgage, amortization, taxes, insurance, and condominium or association fees, if any, constitute no more than twenty-eight percent of the annual household income for a household earning no more than eighty percent of the area median income, by household size, for the metropolitan statistical area as published from time to time by the U.S. Department of Housing and Community Development (HUD) and, in the case of dwelling units for rent, housing for which the rent and utilities constitute no more than thirty percent of the annual household income for a household earning no more than eighty percent of the area median income, by household size for the metropolitan statistical area as published from time to time by HUD.

(2)   'Land development' means the changing of land characteristics through redevelopment, construction, subdivision into parcels, condominium complexes, apartment complexes, commercial parks, shopping centers, industrial parks, mobile home parks, and similar developments for sale, lease, or any combination of owner and rental characteristics.

(3)   'Market-based incentives' mean incentives that encourage private developers to meet the governing authority's goals as developed in this chapter. Incentives may include, but are not limited to:

(a)   density bonuses, allowing developers to build at a density higher than residential zones typically permit, and greater density bonuses, allowing developers to build at a density higher than residential affordable units in development, or allowing developers to purchase density by paying into a local housing trust fund;

(b)   relaxed zoning regulations including, but not limited to, minimum lot area requirements, limitations of multi-family dwellings, minimum setbacks, yard requirements, variances, reduced parking requirements, and modified street standards;

(c)   reduced or waived fees including those fees levied on new development projects where affordable housing is addressed, reimburse permit fees to builder upon certification that dwelling unit is affordable and waive up to one hundred percent of sewer/water tap in fees for affordable housing units;

(d)   fast-track permitting including, but not limited to, streamlining the permitting process for new development projects and expediting affordable housing developments to help reduce cost and time delays;

(e)   design flexibility allowing for greater design flexibility, creating pre-approved design standards to allow for quick and easy approval, and promoting infill development, mixed use and accessory dwellings.

(2)(4)   'Subdivision' means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale, lease, or building development, and includes all division of land involving a new street or change in existing streets, and includes re-subdivision which would involve the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or, the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, and includes combinations of lots of record; however, the following exceptions are included within this definition only for the purpose of requiring that the local planning agency be informed and have a record of the subdivisions:

(a)   the combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of the governing authority;

(b)   the division of land into parcels of five acres or more where no new street is involved and plats of these exceptions must be received as information by the planning agency which shall indicate that fact on the plats; and

(c)   the combination or recombination of entire lots of record where no new street or change in existing streets is involved.

(5)   'Traditional neighborhood design' means development designs intended to enhance the appearance and functionality of the new development so that it functions like a traditional neighborhood or town. These designs make possible reasonably high residential densities, a mixture of residential and commercial land uses, a range of single and multi-family housing types, and street connectivity both within the new development and to surrounding roadways, pedestrian, and bicycle features.

(6)   'Nonessential housing regulatory requirements' mean those development standards and procedures that are determined by the local governing body to be not essential within a specific priority investment zone to protect the public health, safety, or welfare and that may otherwise make a proposed housing development economically infeasible. Nonessential housing regulatory requirements may include, but are not limited to:

(a)   standards or requirements for minimum lot size, building size, building setbacks, spacing between buildings, impervious surfaces, open space, landscaping, buffering, reforestation, road width, pavements, parking, sidewalks, paved paths, culvers and storm water drainage, and sizing of water and sewer lines that are excessive; and

(b)   application and review procedures that require or result in extensive submittals and lengthy review periods."

SECTION   5.   Section 6-29-1130(A) of the 1976 Code is amended to read:

"(A)   When at least the community facilities element, the housing element, and the priority investment element of the comprehensive plan as authorized by this chapter has have been adopted by the local planning commission and the local governing body or bodies, the local planning commission may prepare and recommend to the governing body or bodies for adoption regulations governing the development of land within the jurisdiction. These regulations may provide for the harmonious development of the municipality and the county; for coordination of streets within subdivision and other types of land developments with other existing or planned streets or official map streets; for the size of blocks and lots; for the dedication or reservation of land for streets, school sites, and recreation areas and of easements for utilities and other public services and facilities; and for the distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience, appearance, prosperity, or the general welfare. In particular, the regulations shall prescribe that no land development plan, including subdivision plats, will be approved unless all land intended for use as building sites can be used safely for building purposes, without danger from flood or other inundation or from other menaces to health, safety, or public welfare."

SECTION   6.   All local governments that have adopted a local comprehensive plan in compliance with the provisions of Article 3, Chapter 29, Title 6 of the 1976 Code shall revise their local comprehensive plans within twenty-four months of the effective date of this act to comply with the provisions of this act.

SECTION   7.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

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

On motion of Senator CAMPSEN, with unanimous consent, the names of Senators CAMPSEN and ELLIOTT were added as co-sponsors of S. 266.

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.

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

The Judiciary Committee proposed the following amendment (JUD0331.001), which was adopted:

Amend the bill, as and if amended, page 1, by striking lines 30-42 and inserting:

/   "Section 16-11-745.   (A)   For purposes of this section:

(1)   'Communication device' means a telegraph, telephone, cell phone, satellite phone, global positioning system, pager, hand-held radio, two-way communication device, beeper, fax machine, computer keyboard, computer, monitor, printer, wireless router, telephone lines, satellite dish, a sound, light or signal receiver, or transmitting device, cable television equipment, or another piece of electronic or associated equipment designed or intended to be used to allow one person to communicate with another person.

(2)   'Communication system' means a telegraph system, a telephone system, a global positioning system, a cable television system, a satellite dish system, an electric utility system, a security system, including a video security system, a computer or electronic mail system, including /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

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

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.

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

The Judiciary Committee proposed the following amendment (JUD0338.001), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:

/   SECTION   1.   Article 5, Chapter 11, Title 16 of the 1976 Code is amended by adding:

"Section 16-11-400.   (A)   For the purposes of this section, the term 'security device' means:

(1)   alarm systems including, but not limited to, burglar alarms and other types of intrusion alarms or access control systems;

(2)   metal detectors;

(3)   x-ray machines used for security purposes;

(4)   surveillance equipment including, but not limited to, audio, video, or computer recording equipment; and

(5)   other electrical or battery powered devices used for the purpose of deterring theft or damage to personal or business property.

(B)   It is unlawful for a person, with the intent to commit a criminal offense or with the intent to facilitate the commission of a criminal offense, to tamper with, alter, damage, or destroy a security device as defined in subsection (A).

(C)   A person who violates the provisions of this section, with the intent to commit a criminal offense or with the intent to facilitate the commission of a criminal offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than one year, or both." /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the committee amendment.

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

On motion of Senator KNOTTS, with unanimous consent, the name of Senator KNOTTS was added as a co-sponsor of S. 338.

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.

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

The Committee on Finance proposed the following amendment (368R003.WHO), which was adopted:

Amend the bill, as and if amended, SECTION 2, page 1, by striking lines 34 through 36 and inserting:

/     "( )   Preference in purchasing state motor vehicles must be given to hybrid, plug-in hybrid, bio-diesel, hydrogen, fuel cell, or flex-fuel vehicles when the performance, quality, and anticipated life-cycle costs are comparable to other available motor vehicles."     /

Renumber sections to conform.

Amend title to conform.

Senator O'DELL explained the committee amendment.

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

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.

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

The Judiciary Committee proposed the following amendment (JUD3199.001), which was adopted:

Amend the bill, as and if amended, pages 1 and 2, by striking SECTION 2 in its entirety and inserting:

/   SECTION 2.   Section 16-11-380 of the 1976 Code is amended to read:

"Section 16-11-380.   (A)   It is unlawful for a person to enter a building or part of a building occupied as a bank, depository, or building and loan association with intent to steal money or, securities for money, or property, either by force, intimidation, or threats.

A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years.

(B)   It is unlawful for a person to steal money, securities for money, or property, either by force, intimidation, or threats, from a person who is using or who has just finished using a bank night depository, an automated teller machine (ATM), or another automated banking device, as defined in Section 16-14-10, or in the vicinity of a bank depository, an ATM, or another automated banking device.

(C)   It is unlawful for a person to beg, panhandle, or solicit money from, or otherwise harass, a person using, who has just finished using, or who is in the vicinity of a bank night depository, an ATM, or another automated banking device.

(D)   A person who violates the provisions of:

(1)   subsection (A) is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years;

(2)   subsection (B) is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than twenty years, or both. However, upon a third conviction for a violation of the provisions of subsection (B), the person, upon conviction, must be imprisoned for a mandatory minimum of not less than fifteen years nor more than twenty years, no part of which may be suspended nor probation granted; and

(3)   subsection (C) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.

(E)   A separate location code, premise code, or designation for a bank night depository, an ATM, or other automated banking device offense must be added to the South Carolina Incident Based Reporting System. Law enforcement personnel are required to use this location code, premise code, or designation when completing incident reports for all criminal activity occurring at or in the vicinity of a bank night depository, an ATM, or another automated banking device in accordance with the provisions of this section.

(F)   To the extent that this section applies to bank night depositories, ATMs, and other automated banking devices, it applies only to these devices which are not located in a building or structure and those to which banking customers have access when they are outside a building or structure. A building or structure does not include an enclosure erected solely for the purpose of containing an otherwise outdoor or detached ATM or automated banking device. However, the provisions of this section do apply to drive-through banking terminals.

(G)   As used in this section, 'vicinity' means within the sight of a reasonable person."     /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

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

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

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

CARRIED OVER

S. 99 (Word version) -- Senators Sheheen, Malloy and Ford: 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.

On motion of Senator SHEHEEN, with unanimous consent, the Bill was carried over.

Senator O'DELL explained the Bill.

On motion of Senator RYBERG, with unanimous consent, the Bill was 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.

By prior motion of Senator SETZLER, with unanimous consent

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.

On motion of Senator KNOTTS, with unanimous consent

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.

Senator GROOMS explained the Bill.

On motion of Senator GROOMS, with unanimous consent, the Bill was carried over.

On motion of Senator CAMPSEN, with unanimous consent, the name of Senator CAMPSEN was added as a co-sponsor of S. 613.

CARRIED OVER

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.

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

The Judiciary Committee proposed the following amendment (JUD0333.002), which was adopted:

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

/   SECTION 1.   Article 23, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-2943.   (A)   For purposes of this section:

(1)   'continuous remote alcohol monitoring device' means a portable device capable of automatically and periodically testing and recording alcohol consumption levels and automatically and periodically transmitting the recorded data to the appropriate law enforcement or probation authority; and

(2)   'on-demand alcohol monitoring device' means a device capable of testing and recording alcohol consumption levels on-demand and automatically or periodically transmitting the recorded data to the appropriate law enforcement or probation authority.

(B)   The Department of Probation, Parole and Pardon Services may develop and operate an alcohol monitoring device program. The alcohol monitoring device program may include the use of continuous remote alcohol monitoring devices or on-demand alcohol monitoring devices.

(C)   As a condition of bond for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, and in addition to any other requirements imposed by the court, a person may be required to wear or use an alcohol monitoring device. If the court finds that the person's blood alcohol concentration is eight one-hundredths of one percent or more while wearing or using the device, then the person shall be deemed to have violated the conditions of his bond. In addition to any other penalties imposed by the court on the person as a result of violating the conditions of his bond, the court may suspend the person's driver's license for up to an additional twelve months. The court must notify the Department of Motor Vehicles of any additional license suspension pursuant to Section 56-5-2970.

(D)   As a condition of probation for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, and in addition to any other penalties imposed by the court, a person may be required to wear or use an alcohol monitoring device. If the court finds that the person's blood alcohol concentration is eight one-hundredths of one percent or more while wearing or using the device, then the person shall be deemed to have violated the terms of his probation. In addition to any other penalties imposed by the court on the person as a result of violating his probation, the court may suspend the person's driver's license for up to an additional twelve months. The court must notify the Department of Motor Vehicles of any additional license suspension pursuant to Section 56-5-2970.

(E)   The person on bond pursuant to subsection (B) or on probation pursuant to subsection (C) shall bear the cost of wearing or using the alcohol monitoring device and the cost of monitoring the alcohol monitoring device and shall periodically report to appropriate law enforcement or probation authorities for the purpose of verifying that the alcohol monitoring device is operating correctly. If the person is determined to be indigent by the court and cannot afford the cost of the alcohol monitoring device, the court may order an alcohol monitoring device to be used by the person and paid for by the jurisdiction making the arrest from fines pursuant to Sections 56-5-2930, 56-5-2933, and 56-5-2945."

SECTION 2.   This act takes effect upon approval by the Governor; however, the implementation of this act is contingent upon the appropriation of necessary funds to carry out the provisions of this act."/

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

On motion of Senator MALLOY, with unanimous consent, the Bill was carried over, as amended.

CARRIED OVER

S. 459 (Word version) -- Senators Sheheen, Leventis, Lourie, Bryant and Ford: 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.

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

The Judiciary Committee proposed the following amendment (JUD0459.001), which was adopted:

Amend the bill, as and if amended, pages 1 and 2, by striking SECTION 2 in its entirety and inserting:

/   SECTION   2.   Title 59 of the 1976 Code is amended by adding:

Chapter 110

Jessica Horton Campus Crime Act

"Section 59-110-10.   (A)   As used in this section:

(1)   'Institution of higher learning' or 'institution' means a public two-year or four-year college, community or junior college, technical school, or university located in this State, and also any private two-year or four-year college, community or junior college, technical school, or university located in this State.

(2)   'Property of the institution' means a building or property:

(a)   owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution's educational purposes;

(b)   owned or controlled by a student organization recognized by the institution including, but not limited to, fraternity, sorority, and cooperative houses; or

(c)   controlled by the institution but owned by a third party.

(B)   The chief of the campus police of an institution of higher learning, or his designee, shall immediately notify the State Law Enforcement Division if there is a death resulting from an incident occurring on the property of the institution or if the officer or another official of the institution is in receipt of a report alleging that an act of criminal sexual conduct has occurred on the property of the institution.

(C)   Upon notification, the State Law Enforcement Division shall participate in a joint investigation of the death or alleged act of criminal sexual conduct. In the case of a death, the State Law Enforcement Division shall lead the investigation. In the case of an alleged act of criminal sexual conduct, the campus police shall lead the investigation.

(D)   The campus police and other employees of the institution of higher learning shall cooperate with an investigation conducted by the State Law Enforcement Division."     /

Renumber sections to conform.

Amend title to conform.

Senator KNOTTS explained the committee amendment.

On motion of Senator KNOTTS, with unanimous consent, the Bill was carried over, as amended.

On motion of Senator CAMPSEN, with unanimous consent, the names of Senators CAMPSEN and KNOTTS were added as co-sponsors of S. 459.

CARRIED OVER

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.

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 (447R002.VAS), which was adopted:

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

/   SECTION   1.   Title 49 of the 1976 Code is amended by adding:

"CHAPTER 30

Public Waters Nuisance Abatement Act

Section 49-30-10.   This chapter may be referred to and cited as the 'Public Waters Nuisance Abatement Act'.

Section 49-30-20.   The General Assembly finds and declares that structures located upon the public waters of the State which are used as places of temporary or permanent habitation, dwelling, sojournment, or residence interfere with the state's proprietary interest or the public trust, or both, and must be removed to ensure the rights of the State and the people of South Carolina to use and enjoy of the public waters of the State. It is declared to be the policy of this State and the intent of this chapter to protect the public waters of the State by authorizing the removal of nuisance structures from the public waters of the State in accordance with the procedures and within the timetable set forth in this chapter.

Section 49-30-30.   As used in this chapter, the term:

(1)   'Department' means the South Carolina Department of Natural Resources.

(2)   'FERC licensee' means an entity that possesses a Federal Energy Regulatory Commission's (FERC) license to operate a licensed lake.

(3)   'Licensed lake' means a public water of the State consisting of an impoundment and its associated hydropower facility that is licensed by the Federal Energy Regulatory Commission (FERC).

(4)   'Structure' means any structure located upon any public waters of this State, whether the structure is floating upon the waters and is made fast by the use of lines, cables, anchors, or pilings, or any combination of these, or is built upon pilings embedded in the beds of the public waters of the State when the structure is being or has been used or is capable of being used as a place of habitation, dwelling, sojournment, or residence for any length of time; is not being used or is not capable of being used primarily as a means of transportation upon these public waters; and is not owned, occupied, or possessed pursuant to a permit issued by the department. This definition includes, but is not limited to, watercraft not being used in navigation; provided, however, that this definition does not include registered or documented watercraft that are capable of navigation and are legally anchored or legally moored to a dock or marina. Also specifically excluded from this definition are fishing camps, bait shops, restaurants, or other commercial establishments, marinas, or docks permitted under applicable South Carolina or federal law, which do not discharge sewage into the public waters of the State and are operated in conformance with the zoning ordinances, if any, of the municipality or county in which they are located.

(5)   'Unpermitted structure' means a structure whose owner did not obtain a permit pursuant to this chapter or a structure remaining after the expiration or revocation of its permit.

(5)   'Waters of the State' has the same meaning as in Section 50-21-10(28).

(6)   'Fund' means the Public Waters Nuisance Abatement Fund.

(7)   'Removal' means to completely extricate the entire structure from the public waters of this State.

Section 49-30-30. The Public Waters Nuisance Abatement Fund is created solely to pay for costs incurred by the State associated with removing unpermitted structures pursuant to this chapter. The fund may receive appropriations from the general fund, federal funds, donations, gifts, the proceeds of permit fees, and other monetary instruments of value. The proceeds contained in the fund may be carried forward from year to year and do not revert to the general fund of the State. The department must maintain and administer the fund. Proceeds from the fund may not be used to pay for costs associated with the removal of an unpermitted structure from licensed lakes.

Section 49-30-40.   An owner of a structure existing on March 21, 2007 may apply for a permit from the department authorizing the owner to maintain his structure in its permitted location for five years. A permit may not be renewed, extended, or transferred.

Section 49-30-50.   (A)   For the privilege of maintaining a structure in its current location, the owner of the structure must obtain a permit for a fee of fifty dollars. The permit fee must be credited to the fund.

(B)   To be issued a permit pursuant to this section an owner must:

(1)   make a written request for a permit from the department containing:

(a)   a sworn statement from all of the owners of the structure acknowledging ownership;

(b)   the names and addresses of all owners;

(c)   a detailed description of the structure;

(d)   the structure's location. To identify the structure's location, the owner must use latitude and longitude or mark it on a United States Geological Survey topographic map; and

(e)   a statement that the permit is expressly conditioned upon:

(i)     the owner being responsible for removal and all costs associated with removal;

(ii)   the structure being equipped with an operable marine toilet; and

(iii)   the owner not allowing the discharge of sewage into public waters; and

(2)   establish to the satisfaction of the department that the structure does not present a hazard to navigation nor encroach upon private property or a wildlife management area;

(C)   Upon the verification of the information contained in the written request and the department's satisfaction that the structure does not present a hazard to navigation nor encroach upon private property or a wildlife management area, the department shall issue a permit to the owner that must be prominently displayed on or about the structure. The issuance of the permit is expressly conditioned upon the owner being responsible for removal and all costs associated with removal, the structure being equipped with an operable marine toilet, and the owner not allowing the discharge of sewage into public waters. The department may not issue permits to written requests postmarked or received later than ninety days after the effective date of this chapter.

(D)   A permit may be revoked by the department if:

(1)   the structure is moved from its permitted location for use in another location;

(2)   the owner fails to abide by any conditions upon which the permit was issued;

(3)   the structure becomes a hazard to navigation or encroaches on private property or a wildlife management area;

(4)   the structure is abandoned or becomes unusable; or

(5)   the owner transfers or attempts to transfer his permit, title, or any interest in the structure to another person.

Section 49-30-60.   (A)   An unpermitted structure is declared to be a public nuisance and shall be enjoined and abated as provided in this chapter. FERC licensees must survey their licensed lakes and the department must survey all other navigable waters of this State to determine the location of any unpermitted structures. A report must be promptly made to the Attorney General providing notice that an unpermitted structure exists and a reasonable description of where the unpermitted structure is located.

(B)   Upon receiving notice of the existence of an unpermitted structure, the Attorney General may maintain an action to enjoin the use of the unpermitted structure and seek an order from the court that the unpermitted structure be removed. If the Attorney General does not commence an action within ninety days after receiving notice pursuant to this chapter, any citizen of this State may bring an action to enjoin the unpermitted structure's use and seek an order from the court requiring its removal. The prevailing party may recover the cost of the action, including attorney's fees. All costs associated with removing unpermitted structures must be borne by the owner.

(C)   No proceeding against the owner of an unpermitted structure shall be commenced unless ten days' written notice is given by the party instituting the action to the owner or his agent. If the party bringing the action cannot determine who owns the unpermitted structure, he may give notice of his intention to bring an action by forwarding a notice of his intention to a newspaper of general circulation in the county where the unpermitted structure is located with a request that it be published at least once a week for four consecutive weeks and by posting a notice at the courthouse in the county where the unpermitted structure is located during the same four week period. A notice by publication must describe the unpermitted structure, its location, and the intention of the party maintaining the action to enjoin the use of the unpermitted structure and obtain a court order to have it removed.

Section 49-30-70.   (A) The department must contract to remove unpermitted structures pursuant to a court order and to the extent that the fund contains sufficient funds to cover the cost of removal.

(B)   FERC licensees are authorized to remove unpermitted structures located on licensed lakes pursuant to a court order.

(1)   A FERC licensee may recover from the owner of an unpermitted structure all costs associated with its removal. The department must provide the FERC licensee with any information in the department's possession that may be used to identify and locate an owner from whom the FERC permittee is seeking to recover its costs.

(2)   The provisions of this subsection do not create a new duty of care for FERC licensees.

Section 49-30-80. (A)   Notwithstanding Chapter 3, Title 22, magistrate's court shall have jurisdiction over actions arising under this section.

(B)   A permit holder that fails to remove his structure at the expiration of his permit, who violates a condition upon which the permit was granted, or abandons the structure is guilty of a misdemeanor and, upon conviction, must be fined up to five thousand dollars or imprisoned for up to thirty days, or both. The court must also require the permit holder to pay for all costs associated with the removal of the structure.

(C)   Construction, placement, operation, occupation, or use of an unpermitted structure in, on, or about the waters of this State or on a licensed lake is a misdemeanor and, upon conviction, the offender must be fined up to five thousand dollars or imprisoned for up to thirty days, or both. The court must also require the offender to pay for all costs associated with the removal of the unpermitted structure."

SECTION   2.   Section 48-1-85 of the 1976 Code is amended to read:

"Section 48-1-85.   (A)   It is unlawful for a person to operate or float a houseboat on the freshwaters waters of this State having a marine toilet unless it has a marine toilet that discharges only into a holding tank.

(B)   As used in this section:

(1)   'Holding tank' means a container designed to receive and hold sewage and other wastes discharged from a marine toilet and constructed and installed in a manner so that it may be emptied only by pumping out its contents.

(2)   'Houseboat' means a vessel which is used watercraft primarily used as a residence habitation and is not used primarily as a means of transportation.

(3)   'Marine toilet' includes equipment for installation on board a houseboat designed to receive, retain, treat, or discharge sewage. A marine toilet must be equipped with a holding tank.

(C)   When an owner of a houseboat having a marine toilet applies to the Department of Natural Resources for a certificate of title pursuant to Section 50-23-20, he shall certify in the application that the toilet discharges only into a holding tank.

(D)   Houseboat holding tanks may be emptied only by a pump-out system permitted by the South Carolina Department of Health and Environmental Control.

(E)   A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars for each day's violation or imprisoned not more than thirty days, or both."

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

Renumber sections to conform.

Amend title to conform.

Senator GREGORY explained the committee amendment.

On motion of Senator LEVENTIS, with unanimous consent, the Bill was carried over, as amended.

On motion of Senator CAMPSEN, with unanimous consent, the name of Senator CAMPSEN was added as a co-sponsor of S. 447.

CARRIED OVER

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.

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

Senator McCONNELL proposed the following amendment (JUD3218.003), which was adopted:

Amend the committee amendment as if amended, by striking the title of the bill in its entirety and inserting the following:

/   A BILL

TO AMEND SECTION 61-4-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF BEERS, ALES, PORTERS, AND WINES THAT ARE CONSIDERED NONALCOHOLIC BEVERAGES, SO AS TO INCREASE THE PERCENT OF ALCOHOL BY WEIGHT IN BEERS, ALES, PORTERS, AND SIMILAR MALT BEVERAGES THAT ARE CONSIDERED NONALCOHOLIC BEVERAGES; AND TO AMEND SECTION 61-4-1115, AS AMENDED, 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./

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the perfecting amendment.

The Committee on Judiciary proposed the following amendment (JUD3218.002), which was adopted:

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

/   A BILL

TO AMEND SECTION 61-4-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF BEERS, ALES, PORTERS, AND WINES THAT ARE CONSIDERED NONALCOHOLIC BEVERAGES, SO AS TO INCREASE THE PERCENT OF ALCOHOL BY WEIGHT IN BEERS, ALES, PORTERS, AND SIMILAR MALT BEVERAGES THAT ARE CONSIDERED NONALCOHOLIC BEVERAGES; AND TO AMEND SECTION 61-4-1115, AS AMENDED, 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.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   Section 61-4-10 of the 1976 Code, as last amended by Act 415 of 1996, is further amended to read:

"Section 61-4-10.   All beers, ales, porter, and other similar malt or fermented beverages containing not in excess of five fourteen percent of alcohol by weight and all wines containing not in excess of twenty-one percent of alcohol by volume are declared to be nonalcoholic and nonintoxicating beverages."

SECTION   2.   Section 61-4-1115 of the 1976 Code, as last amended by Act 173 of 2005, is further amended to read:

"Section 61-4-1115.   For the purpose of this article, when a registered producer is an importer of beer produced by a brewer located outside of the United States, the importer is considered to be the agent of the foreign brewer and an agreement subject to the provisions of this article between a wholesaler and the importer is binding on a successor importer of beer produced by that foreign brewer, its successor, or its assignee. For the purpose of this article, when a producer, as defined in Section 61-4-300, or the primary American source of supply, as defined in Section 61-4-340, who is registered to sell beer to wholesalers in this State, 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, required pursuant to Section 61-4-1300, is binding on the successor producer or primary American source of supply. The successor producer or primary American source of supply and the existing wholesaler shall, in good faith, enter into a new distribution agreement that is not inconsistent with the laws of this State."

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

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

On motion of Senator KNOTTS, with unanimous consent, the Bill was carried over, as amended.

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

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

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on March 29, 2007, at 1:42 P.M. and the following Act and Joint Resolution were ratified:

(R19, S. 529 (Word version)) -- Senators Gregory, Ford and Campsen: A JOINT RESOLUTION TO EXTEND UNTIL APRIL 17, 2007, THE TIME IN WHICH THE EMINENT DOMAIN STUDY COMMITTEE, ESTABLISHED TO FORMULATE RECOMMENDATIONS CONCERNING THE CONDEMNATION AUTHORITY OF ALL ENTITIES THAT POSSESS THE POWER OF EMINENT DOMAIN IN SOUTH CAROLINA, THE EFFECT OF GOVERNMENTAL POLICY ON THE VALUE AND OWNERSHIP OF PRIVATE PROPERTY, AND THE NEED FOR REVISION OF CURRENT SLUM CLEARANCE AND REDEVELOPMENT USES OF EMINENT DOMAIN IN SOUTH CAROLINA, HAS TO PRESENT ITS REPORT AND RECOMMENDATIONS TO THE CHAIRMAN OF THE SENATE JUDICIARY COMMITTEE, THE CHAIRMAN OF THE HOUSE JUDICIARY COMMITTEE, AND THE GOVERNOR.
L:\COUNCIL\ACTS\529AB07.DOC

(R20, 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: AN ACT 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".
L:\COUNCIL\ACTS\3396SD07.DOC

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

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

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

Objection

At 12:32 P.M., Senator FORD asked unanimous consent to make a motion that the Senate recede from business not to exceed five minutes.

Senator McCONNELL objected.

Amendment No. P-24

Senator GROOMS proposed the following Amendment No. P-24 (355R038.WGR), which was tabled:

Amend the committee amendment, as and if amended, on page [355-7] by striking lines 25 - 36 in their entirety.

Renumber sections to conform.

Amend title to conform.

Senator GROOMS explained the amendment.

Objection

At 1:02 P.M., Senator GROOMS asked unanimous consent to make a motion that the Senate recede from business not to exceed five minutes.

Senator KNOTTS objected.

Senator GROOMS explained the amendment.

Point of Quorum

At 1:20 P.M., Senator SETZLER made the point that a quorum was not present. It was ascertained that a quorum was present.

The Senate resumed.

Senator GROOMS explained the amendment.

Senator KNOTTS moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. P-25

Senators LEATHERMAN, SHORT and VAUGHN proposed the following Amendment P-25 (355R043.HKL), which was adopted:

Amend the bill, as and if amended, SECTION 3, page [355-12], by striking lines 1 through 10 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 under the provisions of Section 8-11-160 and for which funds have been authorized in the general appropriation act.       /

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN explained the amendment.

Amendment No. P-28

Senator VAUGHN proposed the following Amendment P-28 (355R044.LRV), which was adopted:

Amend the committee amendment, as and if amended, page [355-7], by adding after line 36:

/   (E)   Any project placed in the statewide transportation improvement plan at the request of a metropolitan planning organization or a council of government must not be removed except by a vote of the majority of the board including the board member representing the district in which the project is located.           /

Renumber sections to conform.

Amend title to conform.

Senator VAUGHN explained the amendment.

Amendment No. P-33

Senator SHEHEEN proposed the following Amendment No. P-33 (JUD0355.013), which was adopted:

Amend the committee report, as and if amended, page [355-15], by striking lines 31 through 34 and inserting therein:

/   (9)   to assist 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;   /

Renumber sections to conform.

Amend title to conform.

Senator SHEHEEN explained the amendment.

Amendment No. P-34

Senator SHEHEEN proposed the following Amendment No. P-34 (JUD0355.010), which was adopted:

Amend the committee report, as and if amended, page [355-7], by striking line 5 in Section 57-1-60(B)(4), as contained in SECTION 3, and inserting therein the following:

/   provided in Section 57-1-730(10)(a).     /

Amend the committee report further, as and if amended, page [355-12], by striking lines 1 through 20 and inserting therein:

/   Section 57-1-410.   (A)(1)   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 under the provisions of Section 8-11-160 and for which funds have been authorized in the general appropriation act.

(2)   The board must 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.

(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 board and for which funds have been authorized in the general appropriation act.     /

Amend the committee report further, as and if amended, SECTION 4, page [355-14] (beginning on line 23) through page [355-16], by striking Section 57-1-730 in its entirety and inserting therein the following:

/   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 commission and making its findings, the review committee must seek to find the best qualified people by giving due consideration to:

(a)   ability, dedication, compassion, common sense, and integrity of the candidates; and

(b)   the race and gender of the candidates and other demographic factors, such as residence in rural or urban areas, to assure nondiscrimination to the greatest extent possible of all segments of the population of the State;

(3)   to determine if the appointees are qualified and meet the requirements provided by law to serve as members of the Department of Transportation Board, make findings concerning whether the appointees are qualified, and deliver its findings to the Senate;

(4)   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 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;

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

(9)   to submit a letter with the annual budget proposals of the Department of Transportation, indicating the review committee has reviewed and approved the proposals;

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

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

(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.   /

Renumber sections to conform.

Amend title to conform.

Senator SHEHEEN explained the amendment.

Amendment No. P-38

Senator THOMAS proposed the following Amendment No. P-38 (BBM\9942SSP07), which was tabled:

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

/ SECTION   1.   Section 1-30-10(B)(1) of the 1976 Code is amended to read:

"Section 1-30-10(B)(1)   The governing authority of each department shall be is either:

( i)   a director, and in the case of the Department of Commerce and the Department of Transportation, the secretary, who must be appointed by the Governor with the advice and consent of the Senate, subject to removal from office by the Governor pursuant to provisions of Section 1-3-240; or,

(ii)   a seven member board to be appointed and constituted in a manner provided for by law; or,

(iii)   in the case of the Department of Agriculture and the Department of Education, the State Commissioner of Agriculture and the State Superintendent of Education, respectively, elected to office under the Constitution of this State."

SECTION   2.   Section 1-30-105 of the 1976 Code is amended to read:

"Section 1-30-105.   (A)   Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Transportation to be initially divided into divisions for Mass Transit, Construction and Maintenance, Engineering and Planning, Finance and Administration; provided, however, that the State Highway Commission as constituted on June 30, 1993, under the provisions of Title 56, shall be the governing authority for the department until February 15, 1994, or as soon as its successors are elected or appointed and qualified, whichever is later:

Department of Highways and Public Transportation, except Motor Vehicle Division and State Highway Patrol, formerly provided for at Section 56-1-10, et seq.

(B)   Notwithstanding another provision of law, effective July 1, 2007, the governing authority of the Department of Transportation is the Secretary of Transportation as provided in Section 57-1-410."

SECTION   3.   Section 11-43-140 of the 1976 Code, as added by Act 148 of 1997, is amended to read:

"Section 11-43-140.   The board of directors is the governing board of the bank. The board consists of seven voting directors as follows: the Chairman of the Department of Transportation Commission Secretary of Transportation, ex officio; one director appointed by the Governor who shall serve as chairman; one director appointed by the Governor; one director appointed by the Speaker of the House of Representatives; one member of the House of Representatives appointed by the Speaker, ex officio; one director appointed by the President Pro Tempore of the Senate; and one member of the Senate appointed by the President Pro Tempore of the Senate, ex officio. Directors appointed by the Governor, the Speaker, and the President Pro Tempore shall serve terms coterminous with those of their appointing authority. The terms for the legislative members are coterminous with their terms of office. The vice chairman must be elected by the board. Any person appointed to fill a vacancy must be appointed in the same manner as the original appointee for the remainder of the unexpired term."

SECTION   4.   Section 57-1-10 of the 1976 Code is amended to read:

"Section 57-1-10.   For the purposes of this title, the following words, phrases, and terms are defined as follows:

(1)   'Commission' means the administrative and governing body of the Department of Transportation.

(2)   'Department' means the Department of Transportation (DOT).

(3)(2)   'Director' 'Secretary of Transportation' means the chief administrative officer of the Department of Transportation.

(3)   'Chief Highway Engineer' means the person selected by the secretary to create, in conjunction with regional district engineers, the statewide transportation priority plan."

SECTION   5.   Section 57-1-40 of the 1976 Code is amended to read:

"Section 57-1-40.   (A)   It is unlawful for a member of the commission or the secretary, an engineer, agent, or other employee, acting for or in behalf of the department or commission, to accept or agree to accept, receive or agree to receive, or ask or solicit, either directly or indirectly, with the intent to have his decision or action on any question, matter, cause, or proceeding which at the time may be pending or which by law may be brought before him in his official capacity or in his place of trust or profit influenced, any:

(1)   money;

(2)   contract, promise, undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value;

(3)   political appointment or influence, present, or reward;

(4)   employment; or

(5)   other thing of value.

A person violating the provisions of subsection (A) is guilty of a felony and, upon conviction, must be imprisoned not more than five years and is disqualified forever from holding any office of trust or profit under the Constitution or laws of this State.

(B)   It is unlawful for a person to give or offer to give, promise, or cause or procure to be promised, offered, or given, either directly or indirectly, to a member of the commission or the secretary, an engineer, agent, or other employee acting for or on behalf of the commission 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   6.   Section 57-1-60 of the 1976 Code is amended to read:

"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, in conjunction with the Chief Highway Engineer and the regional district engineers, must develop 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 for a period of five years.

(2)   In developing the priority plan, 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 the statewide transportation priority plan. 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 priority plan must be included as a nonstatutory appendix in the annual general appropriations bill and affirmatively approved by the General Assembly in that portion of the bill appropriating funds for the Department of Transportation.

(5)   At any time following the adoption of the five-year statewide transportation priority plan by the General Assembly, the Chief Highway Engineer, upon the recommendation of the regional district engineers, may recommend changes to the priority plan to the General Assembly which, if approved, are incorporated into the priority plan. Any person or entity, other than the engineers, may recommend changes to the priority plan to the General Assembly which may approve these recommended changes upon a two-thirds vote of the members of each body of the General Assembly.

(6)   For fiscal years beginning after June 30, 2008, the General Assembly affirmatively shall appropriate revenues of the State Highway Fund and the State Non-Federal Aid Highway Fund to the Department of Transportation in the annual general appropriations act and acts and joint resolutions supplemental to it in the same manner that it appropriates general fund revenues for the operation of cabinet agencies. Appropriations of the revenues of the funds must be solely for those purposes comprising the mission and operations of the Department of Transportation, including the state transportation priority plan. These appropriations must maximize federal matching and other funds available to the department and provide that debt service on state highway bonds must be paid as scheduled before any other appropriations to the department may be paid.

(7)   At the time and in the manner that the Board of Economic Advisors estimates and adjusts its estimates of state general fund revenues, it shall similarly estimate and adjust its estimates of the State Highway Fund and State Non-Federal Aid Highway Fund revenues for use in the budget-making and appropriations process. If actual revenues to these funds are less than these estimates, then the amounts appropriated to the department are reduced by an amount sufficient to offset the shortfall, and the department shall manage these reductions so as to ensure that the priorities for appropriations of these revenues as provided in item (1) of this subsection are unaffected by the reduction."

SECTION   7.   Section 57-1-410 of the 1976 Code is amended to read:

"Section 57-1-410.   The commission Governor shall employ a director Secretary of Transportation who shall serve at the his pleasure of the commission. 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 secretary shall receive such compensation as may be established under the provisions of Section 8-11-160 and for which funds have been authorized in the general appropriation appropriations act."

SECTION   8.   Section 57-1-430 of the 1976 Code is amended to read:

"Section 57-1-430.   (A)The director Secretary of Transportation must carry out the policies of the commission department and administer the affairs of the department and may exercise all powers belonging to the commission within the guidelines and policies established by the commission, when the commission is not in session. He must represent the department in its dealings with other state agencies, local governments, special districts, and the federal government.

(B)   For each division, the director secretary 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 appropriations act."

SECTION   9.   Section 57-1-440 of the 1976 Code is amended to read:

"Section 57-1-440.   The director Secretary of Transportation 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. 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   10.   Section 57-1-450 of the 1976 Code is amended to read:

"Section 57-1-450.   The director Secretary of Transportation shall appoint a deputy director for each division of the department who shall serve at the pleasure of the director and shall recommend the salary for each deputy director as allowed by statute or applicable law."

SECTION   11.   Section 57-3-10 of the 1976 Code is amended to read:

"Section 57-3-10.   The Department of Transportation must be divided into such divisions as the commission department may prescribe but must consist of the following principal divisions: finance and administration; construction, engineering, and planning; and mass transit. The commission department may establish other divisions, or ancillary or service divisions as may be necessary for the efficient and economic operation of the division and to carry out the functions and purposes of the division."

SECTION   12.   Section 57-3-50 of the 1976 Code is amended to read:

"Section 57-3-50.   The commission department may establish such highway districts as in its opinion shall be are necessary for the proper and efficient performance of its duties and hire regional district engineers to assist the Chief Highway Engineer in creating the statewide transportation priority plan. The commission department, every ten years, must review the number of highway districts and the territory embraced within the districts and make such changes as that may be necessary for the proper and efficient operation of the districts."

SECTION   13.   Article 3, Chapter 1, Title 57 is repealed.

SECTION   14.   Wherever the term director appears in the 1976 Code and means the chief administrative officer of the Department of Transportation, it shall mean the Secretary of Transportation. Wherever the term Department of Transportation Commission and commissioner appear in the 1976 Code and mean the governing body of the Department of Transportation, they shall mean the Department of Transportation. The Code Commissioner is directed to change these references at a time and in a manner that is timely and cost effective.

SECTION   15.   This act takes effect upon approval of the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator THOMAS explained the amendment.

Senator RITCHIE moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. P-40

Senator KNOTTS proposed the following amendment (GJK\20278HTC07), which was tabled:

Amend the committee report, as and if amended, page 355-3, by striking SECTION 2 in its entirety.

Amend further, as and if amended, by striking pages 355-8 through 355-16 and inserting:

/   transportation priority plan must not be promulgated as an emergency regulation under the provisions of Section 1-23-130.

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.

ARTICLE 3

COMMISSION OF THE DEPARTMENT OF TRANSPORTATION BOARD

Section 57-1-310.   The congressional districts of this State are constituted and created Department of Transportation districts of the State, designated by numbers corresponding to the numbers of the respective congressional districts. The Commission of the Department of Transportation shall be composed of one member from each transportation district elected by the delegations of the congressional district and one member appointed by the Governor, upon the advice and consent of the Senate, from the State at large. Such elections or appointment, as the case may be, shall take into account race and gender so as to represent, to the greatest extent possible, all segments of the population of the State; however, consideration of these factors in making an appointment or in an election in no way creates a cause of action or basis for an employee grievance for a person appointed or elected or for a person who fails to be appointed or elected.

(A)   On and after the effective date of this section, the Department of Transportation is composed of a board of eight members, one from each engineering district of the department and one from the State at large who shall serve as the chairman. A member of the board must:

(1)   reside in South Carolina and, in the case of a member representing an engineering district, reside in the 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 elected by a majority of members of the General Assembly representing the engineering district using weighted voting and in the case of the chairman, elected by the members of the General Assembly in joint assembly.

(B)   In electing the board members, the members of the General Assembly may elect only a person having the qualifications and background required and 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 elected or for a person who fails to be elected.

(C)   No member of the General Assembly or member of his immediate family may be elected 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 elected 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.

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)   No later than thirty days after the final initial board member is elected, as the case may be, the board must meet and organize. Following the initial board meeting, the board chairman must immediately file with the Secretary of State certification the board has met and organized.

(B)   The Department of Transportation Commission is abolished effective on the date that the certification required by subsection (A) 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 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 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 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 engineering district he represents at the time of his appointment election, except that the at-large commission board member may be appointed elected from any county in the State regardless of whether another commissioner is serving from that county. Failure by a commission board member to maintain residency in the engineering 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 appointed initially elected 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 a term of six years;

(2)   commission for board members appointed elected to represent odd-numbered congressional engineering 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 elected to represent even-numbered congressional engineering 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.

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.

ARTICLE 5

EXECUTIVE DIRECTOR, CHIEF HIGHWAY ENGINEER OF THE DEPARTMENT OF TRANSPORTATION

AND OTHER EMPLOYEES OF THE DEPARTMENT OF TRANSPORTATION

Section 57-1-410.   (A)   The commission board shall employ a director an Executive Director appointed by the Governor with the advice and consent of the Senate 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.

Section 57-1-430.   (A)   The director Executive Director must carry out the policies of the commission board and administer the affairs of the department, and may exercise all powers belonging to the commission board within the guidelines and policies established by the commission board, when the commission board is not in session. He must represent the department in its dealings with other state agencies, local governments, special districts, and the federal government.

(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:

"ARTICLE 7

JOINT TRANSPORTATION REVIEW COMMITTEE

Section 57-1-710.   There is hereby established a committee to be known as the Joint Transportation Review Committee, hereinafter called the review committee, which must exercise the powers and fulfill the duties described in this article.

Section 57-1-720.   (A)   The review committee is composed of ten members as follows:

(1)   one appointed by the Chairman of the Senate Finance Committee;

(2)   one appointed by the Chairman of the Senate Judiciary Committee;

(3)   one appointed by the Chairman of the Senate Transportation Committee;

(4)   two members of the general public appointed by the President Pro Tempore of the Senate upon the recommendations of the 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.

(B)   In making appointments to the joint committee, race, gender, and other demographic factors, such as residence in rural or urban areas, must be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State. The members of the general public appointed by the President Pro Tempore of the Senate and Speaker of the House of Representatives must be representative of all citizens of this State and must not be members of the General Assembly.

(C)   The review committee must meet as soon as practicable after appointment and organize itself by electing one of its members as chairman and such other officers as the review committee may consider necessary. Thereafter, the review committee must meet at least annually and at the call of the chairman or by a majority of the members. A quorum consists of five members.

Section 57-1-730.   The review committee has the following powers and duties:

(1)   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;

(2)   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;

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

(4)(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);

(5)   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

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

Section 57-1-740.   (A)   The review committee members are entitled to such mileage, subsistence, and per diem as authorized by law for members of boards, committees, and commissions while in the performance of the duties for which appointed. These expenses shall be paid from the general fund of the State on warrants duly signed by the chairman of the review committee and payable by the authorities from which they are appointed.

(B)   The expenses associated with the review committee duties to develop an annual workshop on ethics and the Administrative Procedures Act must be paid from the general fund of the State.

Section 57-1-750.   (A)   The review committee must use clerical and professional employees of the General Assembly for its staff, who must be made available to the review committee.

(B)   The review committee may employ or retain other professional staff, upon the determination of the necessity for other staff by the review committee.

(C)   The costs and expenses of the review committee must be funded in the annual general appropriations act.

Section 57-1-760.   The review committee may conduct a comprehensive study of other states' Department of Transportation/

Renumber sections to conform.

Amend title to conform.

Senator KNOTTS explained the amendment.

Senator RYBERG moved to lay the amendment on the table.

The amendment was laid on the table.

RECESS

At 2:15 P.M., on motion of Senator McCONNELL, the Senate receded from business not to exceed thirty minutes.

AFTERNOON SESSION

The Senate reassembled at 2:53 P.M. and was called to order by the ACTING PRESIDENT, Senator MARTIN.

Point of Quorum

At 2:54 P.M., Senator RYBERG made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator McCONNELL moved that a Call of the Senate be made. The following Senators answered the Call:

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

A quorum being present, the Senate resumed.

Amendment No. 42

Senator MESCHER proposed the following Amendment No. 42 (355R050.WCM), which was adopted:

Amend the committee amendment, as and if amended, by striking Section 57-1-330 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 January 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 January 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 January 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 January 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-43

Senator CAMPSEN proposed the following Amendment P-43 (355R051.GEC), which was tabled:

Amend the committee amendment, as and if amended, on page [355-14] by striking lines 40- 43, by striking page [355-15] in its entirety, and on page [355-16] by striking lines 1 - 21 and inserting:

/   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 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;

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

(8)   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);

(9)   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

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

Renumber sections to conform.

Amend title to conform.

Senator CAMPSEN explained the amendment.

Senator LAND moved to lay the amendment on the table.

The amendment was laid on the table.

Objection

Senator KNOTTS asked unanimous consent to make a motion to withdraw the remaining amendments with the exception of Amendment No. P-45 and take Amendment P-45 up for immediate consideration.

Senator RYBERG objected.

Amendment No. P-44A

Senators GROOMS, CAMPSEN and VERDIN proposed the following Amendment P-44A (355R052.WGR), which was tabled:

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

/   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, SCREENED BY THE JOINT TRANSPORTATION REVIEW COMMITTEE, AND SUBJECT TO THE ADVICE AND CONSENT OF THE SENATE, TO ESTABLISH THE LENGTH OF TERMS THAT BOARD MEMBERS MAY SERVE, AND DEFINE THE POWERS AND DUTIES OF THE BOARD, TO PROVIDE THAT THE BOARD EMPLOYS AN EXECUTIVE DIRECTOR WHO SERVES AT THE PLEASURE OF THE BOARD, AND TO PROVIDE THAT THE BOARD EMPLOYS 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 AND WHO, IN CONJUNCTION WITH THE BOARD, MUST CREATE THE STATEWIDE TRANSPORTATION PRIORITY PLAN; AND BY ADDING ARTICLE 7 TO CHAPTER 1 OF TITLE 57, SO AS TO CREATE THE JOINT TRANSPORTATION REVIEW COMMITTEE, AND TO PROVIDE FOR THE MANNER IN WHICH DEPARTMENT OF TRANSPORTATION BOARD MEMBERS ARE SCREENED.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   Section 1-30-105 of the 1976 Code is amended to read:

"Section 1-30-105.   (A)   Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Transportation to be initially divided into divisions for Mass Transit, Construction and Maintenance, Engineering and Planning, Finance and Administration; provided, however, that the State Highway Commission as constituted on June 30, 1993, under the provisions of Title 56, shall be the governing authority for the department until February 15, 1994, or as soon as its successors are elected or appointed and qualified, whichever is later:

Department of Highways and Public Transportation, except the Motor Vehicle Division, which was established as the Department of Motor Vehicles by Section 56-1-5, and the State Highway Patrol, formerly provided for at Section 56-1-10, et seq.

(B)   The Commission of the Department of Transportation, constituted on the effective date of this subsection, shall continue to serve until the requirements of Section 57-1-320 are met, at which time the commission is abolished and the Department of Transportation Board, as established in Chapter 1 of Title 57, is the governing authority for the department."

SECTION   2.   Section 1-3-240(C)(1) of the 1976 Code is amended to read:

"(C)(1)     Persons appointed to the following offices of the State may be removed by the Governor for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity:

(a)   Workers' Compensation Commission;

(b)   Reserved Department of Transportation Board;

(c)   Ethics Commission;

(d)   Election Commission;

(e)   Professional and Occupational Licensing Boards;

(f)   Juvenile Parole Board;

(g)   Probation, Parole and Pardon Board;

(h)   Director of the Department of Public Safety;

(i)     Board of the Department of Health and Environmental Control, excepting the chairman;

(j)     Chief of State Law Enforcement Division;

(k)   South Carolina Lottery Commission;

(l)     Executive Director of the Office of Regulatory Staff; and

(m)   Directors of the South Carolina Public Service Authority appointed pursuant to Section 58-31-20. A director of the South Carolina Public Service Authority also may be removed for his breach of any duty arising under Sections 58-31-55 or 58-31-56. The Governor must not request a director of the South Carolina Public Service Authority to resign unless cause for removal, as established by this subsection, exists. Removal of a director of the South Carolina Public Service Authority, except as is provided by this section or by Section 58-31-20(A), must be considered to be an irreparable injury for which no adequate remedy at law exists."

SECTION   3.   Chapter 1 of Title 57 of the 1976 Code is amended to read:

"CHAPTER 1

GENERAL PROVISIONS

ARTICLE 1

DEPARTMENT OF TRANSPORTATION

Section 57-1-10.   For the purposes of this title, the following words, phrases, and terms are defined as follows:

(1)   'Commission' 'Board' means the administrative and governing body of the Department of Transportation.

(2)   'Department' 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, with the intent to have his decision or action on any question, matter, cause, or proceeding which at the time may be pending or which by law may be brought before him in his official capacity or in his place of trust or profit influenced, any:

(1)   money;

(2)   contract, promise, undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value;

(3)   political appointment or influence, present, or reward;

(4)   employment; or

(5)   other thing of value.

A person violating the provisions of subsection (A) is guilty of a felony and, upon conviction, must be imprisoned not more than five years and is disqualified forever from holding any office of trust or profit under the Constitution or laws of this State.

(B)   It is unlawful for a person to give or offer to give, promise, or cause or procure to be promised, offered, or given, either directly or indirectly, to a member of the commission board or an engineer, agent, or other employee acting for or on behalf of the commission board or department with the intent to have his decision or action on any question, matter, cause, or proceeding which at the time may be pending or which by law may be brought before him in his official capacity or in his place of trust or profit influenced, any:

(1)   money;

(2)   contract, promise, undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value;

(3)   political appointment or influence, present, or reward;

(4)   employment; or

(5)   other thing of value.

A person violating the provisions of subsection (B) is guilty of a felony and, upon conviction, must be imprisoned not more than five years and is disqualified forever from holding any office of trust or profit under the Constitution or laws of this State.

Section 57-1-50.   The assent of the State is hereby given to the terms and provisions of any act providing for federal aid to the states for the construction of highways and other related transportation projects. The good faith of the State is hereby pledged to provide sufficient funds to meet the requirements of said federal act, so as to acquire the benefits thereof.

Section 57-1-60.   (A)   The Governor, in addition to other duties and responsibilities conferred upon him by the Constitution and laws of this State, is charged with the responsibility for the administration of the state's highway safety programs and is further charged with the duty of contracting and doing all other things necessary on behalf of this State and, in so doing, to work with federal and state agencies, agencies private and public, interested organizations, and with individuals to effectuate that purpose. The Governor shall be the official of this State having the ultimate responsibility for dealing with the federal government with respect to highway safety transportation programs and activities. To that end the Governor shall coordinate the activities of any and all departments and agencies of this State and its subdivisions.

(B)(1)   The Department of Transportation Board, in conjunction with the Chief Highway Engineer, must develop a methodology for determining how to design the Statewide Transportation 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 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)(a)   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, 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 the decision of the Executive Director or overrule the denial of the request at its next scheduled 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, etc., 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.

ARTICLE 3

COMMISSION OF THE DEPARTMENT OF TRANSPORTATION BOARD

Section 57-1-310.   The congressional districts of this State are constituted and created Department of Transportation districts of the State, designated by numbers corresponding to the numbers of the respective congressional districts. The Commission of the Department of Transportation Board shall be composed of one member from each transportation district elected by the delegations of the congressional district using a weighted voting formula and one member appointed by the Governor, upon the advice and consent of the Senate, from the State at large. Such elections or appointment, as the case may be, shall take into account race and gender so as to represent, to the greatest extent possible, all segments of the population of the State; however, consideration of these factors in making an appointment or in an election in no way creates a cause of action or basis for an employee grievance for a person appointed or elected or for a person who fails to be appointed or elected.

Section 57-1-320.   (A)   A county that is divided among two or more Department of Transportation districts, for purposes of electing a commission member, is deemed to be considered in the district which contains the largest number of residents from that county.

(B)   No county within a Department of Transportation district shall have a resident commission member for more than one consecutive term and in no event shall any two persons from the same county serve as a commission member simultaneously except as provided hereinafter.

(C)   Notwithstanding the provisions of Section 1-3-210, the initial at-large board member 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 at-large board member 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 the at-large 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 the initial at-large 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 or elected, as the case may be, the board must meet and organize. Following the initial board meeting, the board chairman must immediately file with the Secretary of State certification the board has met and organized.

(E)   The Department of Transportation Commission is abolished effective on the date that the certification required by subsection (D) 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 representing any portion of a given 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 or appointed and qualified, as the case may be, 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 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 appointed 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 or elected, as the case may be, 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.

ARTICLE 5

EXECUTIVE DIRECTOR, CHIEF HIGHWAY ENGINEER OF THE DEPARTMENT OF TRANSPORTATION

AND OTHER EMPLOYEES OF THE DEPARTMENT OF TRANSPORTATION

Section 57-1-410.   (A)   The commission Governor shall employ a director appoint with the advice 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 South Carolina who has practical and successful business and executive ability and who has a knowledge 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 advise and consent of the Senate a Chief Highway Engineer who shall serve for a term of four 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 be a citizen of South Carolina with civil engineering experience and any other experience the board may require. The Chief Highway Engineer, in conjunction with the board, must develop the statewide transportation priority plan 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 commission board, when the commission board is not in session. He must represent the department in its dealings with other state agencies, local governments, special districts, and the federal government. The Executive Director must prepare a budget for the department that must be approved by the board and a copy of which must be submitted to the General Assembly.

(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.   References in the 1976 Code to the "Commission of the Department of Transportation" or references to "commission" that refer to the administrative and governing body of the Department of Transportation, mean the "Department of Transportation Board" or "board", as appropriate; references to "director" that refer to the chief administrative officer of the Department of Transportation, mean the "Executive Director of the Department of Transportation" or "Executive Director," as appropriate; and references to "Department of Transportation Commissioner" mean "member of the Department of Transportation Board" or "board member" as appropriate. The Code Commissioner shall change references in the 1976 Code to conform to this act, and such changes must be included in the next printing of replacement volumes or cumulative supplements.

SECTION   5.   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   6.   (A)   The repeal or amendment by this act of any law, whether temporary or permanent, does not affect pending actions, rights, duties, or liabilities founded on it, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision expressly provides it. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws. Any state agency, board, commission, or council to which are transferred the powers, duties, and functions of any state agency, board, commission, or council relating to the pending proceeding must be substituted as a party in interest.

(B)   Any statute enacted and any rule or regulation made in respect to any state agency, board, commission, or council or function transferred to, or consolidated, coordinated, or combined with any other state agency, board, commission, or council or function under the provisions of this act before the effective date of the transfer, consolidation, coordination, or combination, except to the extent repealed, modified, superseded, or made inapplicable by or under the authority of law, shall have the same effect as if the transfer, consolidation, coordination, or combination had not been made. But when any such statute, rule, or regulation has vested functions in the state agency, board, commission, or council from which the transfer is made under the act, the functions, insofar as they are to be exercised after the transfer, must be considered as vested in the state agency, board, commission, or council to which the transfer is made under the act.

SECTION   7.   This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator GROOMS explained the amendment.

Objection

Senator GROOMS asked unanimous consent to make a motion to carry over the amendment.

Senator MOORE objected.

Senator GROOMS explained the amendment.

Objection

Senator RYBERG asked unanimous consent to make a motion to perfect Amendment No. P-44A.

Senator SHEHEEN objected.

Senator GROOMS explained the amendment.

Senator LAND moved to lay the amendment on the table.

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

Ayes 28; Nays 14

AYES

Anderson                  Elliott                   Ford
Hutto                     Jackson                   Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Patterson                 Rankin                    Reese
Ritchie                   Scott                     Setzler
Sheheen                   Short                     Thomas
Williams

Total--28

NAYS

Alexander                 Bryant                    Campsen
Cleary                    Courson                   Cromer
Gregory                   Grooms                    Hawkins
Hayes                     Peeler                    Ryberg
Vaughn                    Verdin

Total--14

The amendment was laid on the table.

Statement by Senators McCONNELL, THOMAS and
O'DELL

We voted to table Amendment No. P-44A because the amendment strikes out the high qualifications imposed on people to serve on the DOT Commission. This amendment also carries over the old system of election by Congressional delegations without qualifications and does away with screening of the candidates on merit and ability. The current version of the committee report has qualifications and screening with the Governor appointing each one.

Amendment No. P-45

Senators MESCHER, McCONNELL, LAND, MOORE, KNOTTS, LEATHERMAN and RANKIN proposed the following Amendment No. P-45 (JUD0355.024), which was adopted:

Amend the committee report, as and if amended, page [355-10], by striking lines 16 through 20, in Section 57-1-320, as contained in SECTION 3, and inserting therein:

/   (D)   Members of the Department of Transportation Commission whose terms are not terminated as provided in Section 57-1-330(B) continue in office as provided in Section 57-1-330(B) and are members of the Department of Transportation Board that becomes 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 as previously constituted are devolved upon the board./

Renumber sections to conform.

Amend title to conform.

Senator MESCHER explained the amendment.

Senator GROOMS moved to lay the amendment on the table.

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

Ayes 11; Nays 32

AYES

Bryant                    Campsen                   Courson
Gregory                   Grooms                    Hayes
Peeler                    Ryberg                    Sheheen
Thomas                    Verdin

Total--11

NAYS

Alexander                 Anderson                  Cleary
Cromer                    Elliott                   Ford
Hawkins                   Hutto                     Jackson
Knotts                    Land                      Leatherman
Leventis                  Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
O'Dell                    Patterson                 Pinckney
Rankin                    Reese                     Ritchie
Scott                     Setzler                   Short
Vaughn                    Williams

Total--32

The Senate refused to table the amendment. The question then was the adoption of the amendment.

Amendment No. P-47

Senators SHORT and SHEHEEN proposed the following Amendment No. P-47 (355R054.LHS), which was tabled:

Amend the committee amendment, as and if amended, page [355-12] by striking lines 27-36 and inserting:

/     (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. The board may enter into a contract of employment with the Chief Highway Engineer for up to six years and the contract is renewable at the option of the board. A person hired 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 board and for which funds have been authorized in the general appropriation act.               /

Renumber sections to conform.

Amend title to conform.

Senator SHEHEEN explained the amendment.

Senator SETZLER moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. P-8

Senators ALEXANDER and KNOTTS proposed the following Amendment No. P-8 (355R022.TCA), which was adopted:

Amend the committee amendment, as and if amended, page [355-10] by inserting on line 27:

/   (C) For the assistance of the district board members, there is established an advisory board in each district, to be composed of the chairman of each county transportation committee, or his designee, from within the district. The advisory board must consult with and advise district board members on all matters under consideration by the Board of the Department of Transportation.     /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the amendment.

Amendment No. P-22

Senators SHEHEEN, MALLOY, MATTHEWS and ANDERSON proposed the following Amendment No. P-22 (JUD0355.009), which was adopted:

Amend the committee report, as and if amended, page [355-11], Section 57-1-330(A) by striking lines 1 and 2 and inserting therein:

/   congressional district in the State regardless of whether another commissioner is serving from that county. However, no county within a congressional district shall have a resident board member for more than one consecutive term and no board member may be appointed from the same county as another serving board member. Failure by a /

Renumber sections to conform.

Amend title to conform.

Senator SHEHEEN explained the amendment.

Amendment No. P-26

Senators ANDERSON and SHEHEEN proposed the following Amendment No. P-26 (355R035.VAS), which was adopted:

Amend the committee amendment, as and if amended, on page [355-8] by striking lines 38 - 43 and on page [355-9] by striking lines 1 and 2 and inserting:

/   (B)   In appointing and confirming the board members, the Governor and General Assembly must take into account race and gender so as to represent, to the greatest extent possible, all segments of the population of the State, including representation from rural and urban areas. Consideration of these factors in making an appointment or during confirmation 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. Representation on the board should reflect the racial composition of the population of this State.     /

Renumber sections to conform.

Amend title to conform.

Senator SHEHEEN explained the amendment.

Amendment No. P-29

Senator COURSON proposed the following Amendment No. P-29 (355R047.JEC), which was tabled:

Amend the committee amendment, as and if amended, by striking the amendment beginning on page [355-2], line 28, and inserting:

/   SECTION   1.   Section 1-30-10(B) of the 1976 Code is amended to read:

"(B)(1)     The governing authority of each department shall be either:

(i)     a director, and in the case of the Department of Commerce and the Department of Transportation, the secretary, who must be appointed by the Governor with the advice and consent of the Senate, subject to removal from office by the Governor pursuant to provisions of Section 1-3-240; or,

(ii)   a seven member board to be appointed and constituted in a manner provided for by law; or,

(iii)   in the case of the Department of Agriculture and the Department of Education, the State Commissioner of Agriculture and the State Superintendent of Education, respectively, elected to office under the Constitution of this State."

SECTION   2.   Chapter 1, Title 57 of the 1976 Code is amended by striking Article 3 in its entirety:

"ARTICLE 3

COMMISSION OF THE DEPARTMENT OF TRANSPORTATION

Section 57-1-310.   The congressional districts of this State are constituted and created Department of Transportation districts of the State, designated by numbers corresponding to the numbers of the respective congressional districts. The Commission of the Department of Transportation shall be composed of one member from each transportation district elected by the delegations of the congressional district and one member appointed by the Governor, upon the advice and consent of the Senate, from the State at large. Such elections or appointment, as the case may be, shall take into account race and gender so as to represent, to the greatest extent possible, all segments of the population of the State; however, consideration of these factors in making an appointment or in an election in no way creates a cause of action or basis for an employee grievance for a person appointed or elected or for a person who fails to be appointed or elected.

Section 57-1-320.   (A)   A county that is divided among two or more Department of Transportation districts, for purposes of electing a commission member, is deemed to be considered in the district which contains the largest number of residents from that county.

(B)   No county within a Department of Transportation district shall have a resident commission member for more than one consecutive term and in no event shall any two persons from the same county serve as a commission member simultaneously except as provided hereinafter.

Section 57-1-325.   Legislators residing in the congressional district shall meet upon written call of a majority of the members of the delegation of each district at a time and place to be designated in the call for the purpose of electing a commissioner to represent the district. A majority present, either in person or by written proxy, of the delegation from a given congressional district constitute a quorum for the purpose of electing a district commissioner. No person may be elected commissioner who fails to receive a majority vote of the members of the delegation.

The delegation must be organized by the election of a chairman and a secretary, and the delegations of each congressional district shall adopt such rules as they consider proper to govern the election. Any absentee may vote by written proxy. When the election is completed, the chairman and the secretary of the delegation shall immediately transmit the name of the person elected to the Secretary of State who shall issue to the person, after he has taken the usual oath of office, a certificate of election as commissioner. The Governor shall thereupon issue a commission to the person, and pending the issuance of the commission the certificate of election is sufficient warrant to the person to perform all of the duties and functions of his office as commissioner. Each commissioner shall serve until his successor is elected and qualified.

Section 57-1-330.   (A)   Beginning February 15, 1994, commissioners must be elected by the legislative delegation of each congressional district. For the purposes of electing a commission member, a legislator shall vote only in the congressional district in which he resides. All commission members must serve for a term of office of four years which expires on February fifteenth of the appropriate year. Commissioners shall continue to serve until their successors are elected and qualify, provided that a commissioner may only serve in a hold-over capacity for a period not to exceed six months. Any vacancy occurring in the office of commissioner shall be filled by election in the manner provided in this article for the unexpired term only. No person is eligible to serve as a commission member who is not a resident of that district at the time of his appointment, except that the at-large commission member may be appointed from any county in the State regardless of whether another commissioner is serving from that county. Failure by a commission member to maintain residency in the district for which he is elected shall result in the forfeiture of his office. The at-large commission member, upon confirmation, shall serve as chairman of the commission.

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

(1)   commission members appointed to represent odd-numbered congressional districts--two years; and

(2)   commission members appointed to represent even-numbered congressional districts--four years.

(C)   The at-large commissioner shall serve at the pleasure of the Governor.

Section 57-1-340.   Each commission member, within thirty days after his election or appointment, and before entering upon the discharge of the duties of his office, shall take, subscribe, and file with the Secretary of State the oath of office prescribed by the Constitution of the State.

Section 57-1-350.   (A)   The commission may adopt an official seal for use on official documents of the department.

(B)   The commission shall adopt its own rules and procedures and may select such additional officers to serve such terms as the commission may designate.

(C)   Commissioners must be reimbursed for official expenses as provided by law for members of state boards and commissions as established in the annual general appropriation act."

SECTION   3.   Section 57-1-410 of the 1976 Code is amended to read:

"Section 57-1-410.   (A)   The Department of Transportation shall be headed by a secretary, known as the Secretary of the Department of Transportation. The commission Governor shall employ appoint a director the secretary with the advice and consent of the Senate who shall serve at the pleasure of the commission Governor.

(B)   A person appointed to this position serve as secretary shall be a citizen of practical and successful business and executive ability who has a knowledge in the field of transportation a proven, effective administrator who, by a combination of education and experience, clearly possesses a broad knowledge of the administrative, financial, and technical aspects of the development, operation, and regulation of transportation systems and facilities or comparable systems and facilities.

(C)   The director secretary shall receive such compensation as may be established under the provisions of Section 8-11-160 and for which funds have been authorized in the general appropriation act."

SECTION   4.   Section 57-1-10 of the 1976 Code is amended to read:

"Section 57-1-10.   For the purposes of this title, the following words, phrases, and terms are defined as follows:

(1)   'Commission' means the administrative and governing body of the Department of Transportation.

(2 1)   'Department' means the Department of Transportation (DOT).

(3 2)   'Director Secretary' means the chief administrative officer of the Department of Transportation."

SECTION   5.   Article 3, Title 57 of the 1976 Code is amended by adding:

"Section 57-1-115.   (A)   The department must establish a priority list of projects that it shall undertake. When compiling this list of projects, the department must consider at least the following criteria:

(1)   financial viability, including a life cycle analysis of estimated maintenance and repair costs over the expected life of the project;

(2)   public safety;

(3)   potential for economic development;

(4)   traffic volume;

(5)   truck traffic;

(6)   the pavement quality index;

(7)   alternative transportation solutions;

(8)   consistency with local land use plans; and

(9)   environmental impact.

(B)   The department must conduct a public hearing in each county in which a public hearing is required by federal regulations to allow the department to share information regarding the project with the local community and to allow the local community to address its concerns with department officials. The hearing must include the opportunity for members of the public to address a hearing officer.

(C)   The department must submit an annual report to the General Assembly concerning the status of each project on the list containing an estimated time for completion and whether the cost of the project is proceeding at, below, or above estimates."

SECTION   6.   Immediately upon confirmation of the Secretary of Transportation by the Senate, the Commission of the Department of Transportation and the office of the Director of the Department of Transportation are abolished, and their powers, duties, and functions are devolved upon the Secretary of Transportation.

SECTION   7.   References in the 1976 Code to the "Commission of the Department of Transportation" or references to "commission" that refer to the administrative and governing body of the Department of Transportation, mean "Secretary of the Department of Transportation" or "secretary", as appropriate; references to the "Director of the Department of Transportation" or references to "director" that refer to the chief administrative officer of the Department of Transportation, mean the "Secretary of the Department of Transportation" or "secretary". The Code Commissioner shall change references in the 1976 Code to conform with this act, and such changes must be included in the next printing of replacement volumes or cumulative supplements.

SECTION   8.   The General Assembly finds that the sections presented in this act constitute one subject as required by Article III, Section 17 of the South Carolina constitution, in particular finding that each change and each topic relates directly to or in conjunction with other sections to the subject of Department of Transportation restructuring as clearly enumerated in the title.

SECTION   9.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that 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   10.   (A)   The repeal or amendment by this act of any law, whether temporary or permanent, does not affect pending actions, rights, duties, or liabilities founded on it, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision expressly provides it. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws. Any state agency, board, commission, or council to which are transferred the powers, duties, and functions of any state agency, board, commission, or council relating to the pending proceeding must be substituted as a party in interest.

(B)   Any statute enacted and any rule or regulation made in respect to any state agency, board, commission, or council or function transferred to, or consolidated, coordinated, or combined with any other state agency, board, commission, or council or function under the provisions of this act before the effective date of the transfer, consolidation, coordination, or combination, except to the extent repealed, modified, superseded, or made inapplicable by or under the authority of law, shall have the same effect as if the transfer, consolidation, coordination, or combination had not been made. But when any such statute, rule, or regulation has vested functions in the state agency, board, commission, or council from which the transfer is made under the act, the functions, insofar as they are to be exercised after the transfer, must be considered as vested in the state agency, board, commission, or council to which the transfer is made under the act.

(C)   No suit, action, or other proceeding lawfully commenced by or against any state agency, board, commission, or council or officer of the State in its or his official capacity or in relation to the discharge of its or his official duties shall abate by reason of the taking effect of this act but the court may allow, on motion or supplemental complaint filed at any time within twelve months after this act takes effect, showing a necessity for a survival of such suit, action, or other proceeding to obtain an adjudication of the questions involved, the same to be maintained by or against the successor of the state agency, board, commission, or council or officer under the act or, if there be no such successor, against such state agency, board, commission, or council or officer as the Governor shall designate.

SECTION   11.   This act takes effect upon approval by the Governor.     /

Renumber sections to conform.

Amend title to conform.

Senator COURSON explained the amendment.

Senator McCONNELL moved to lay the amendment on the table.

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

Ayes 24; Nays 18

AYES

Alexander                 Anderson                  Elliott
Ford                      Hutto                     Jackson
Knotts                    Land                      Leventis
Lourie                    Malloy                    Matthews
McConnell                 McGill                    Mescher
Moore                     O'Dell                    Patterson
Pinckney                  Reese                     Scott
Sheheen                   Short                     Williams

Total--24

NAYS

Bryant                    Campsen                   Cleary
Courson                   Cromer                    Gregory
Grooms                    Hawkins                   Hayes
Leatherman                Martin                    Peeler
Ritchie                   Ryberg                    Setzler
Thomas                    Vaughn                    Verdin

Total--18

The amendment was laid on the table.

Amendment No. P-50

Senators MESCHER, McCONNELL, LAND, MOORE, and CAMPSEN proposed the following Amendment No. P-50 (JUD0355.025), which was adopted:

Amend the committee report, as and if amended, page [355-10], by striking lines 16 through 20, in Section 57-1-320, as contained in SECTION 3, and inserting therein:

/     (D)   Members of the Department of Transportation Commission whose terms are not terminated as provided in Section 57-1-330(B) and who have been lawfully elected pursuant to Section 57-1-325 are legally entitled to continue in office under the provisions of Section 57-1-330(B) and are vested as members of the Department of Transportation Board that becomes 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 as previously constituted are devolved upon the board.   /

Renumber sections to conform.

Amend title to conform.

Senator MESCHER explained the amendment.

The question then was the adoption of the committee amendment, as amended.

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

Ayes 31; Nays 13

AYES

Alexander                 Anderson                  Cleary
Cromer                    Elliott                   Ford
Hutto                     Jackson                   Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Matthews
McConnell                 McGill *                  Mescher
Moore                     O'Dell                    Patterson
Peeler                    Pinckney                  Rankin *
Reese                     Ritchie                   Scott
Setzler                   Sheheen                   Short
Williams

Total--31

NAYS

Bryant                    Campsen                   Courson
Fair                      Gregory                   Grooms
Hawkins                   Hayes                     Martin
Ryberg                    Thomas                    Vaughn
Verdin

Total--13

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The committee amendment was adopted, as amended, as follows:

THE COMMITTEE ON TRANSPORTATION
(AS AMENDED MARCH 28, 2007)

To whom was referred a Bill (S. 355) to amend Section 1-30-10(b) of the 1976 Code, relating to departments of state government, to provide that the governing authority of the Department of Transportation, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the committee report, as and if amended, by striking the committee report in its entirety and inserting therein:

/   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, SCREENED BY THE JOINT TRANSPORTATION REVIEW COMMITTEE, AND SUBJECT TO THE ADVICE AND CONSENT OF THE SENATE, TO ESTABLISH THE LENGTH OF TERMS THAT BOARD MEMBERS MAY SERVE, AND DEFINE THE POWERS AND DUTIES OF THE BOARD, TO PROVIDE THAT THE BOARD EMPLOYS AN EXECUTIVE DIRECTOR WHO SERVES AT THE PLEASURE OF THE BOARD, AND TO PROVIDE THAT THE BOARD EMPLOYS 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 AND WHO, IN CONJUNCTION WITH THE BOARD, MUST CREATE THE STATEWIDE TRANSPORTATION PRIORITY PLAN; AND BY ADDING ARTICLE 7 TO CHAPTER 1 OF TITLE 57, SO AS TO CREATE THE JOINT TRANSPORTATION REVIEW COMMITTEE AND TO PROVIDE FOR THE MANNER IN WHICH DEPARTMENT OF TRANSPORTATION BOARD MEMBERS ARE SCREENED.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   Section 1-30-105 of the 1976 Code is amended to read:

"Section 1-30-105.   (A)   Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Transportation to be initially divided into divisions for Mass Transit, Construction and Maintenance, Engineering and Planning, Finance and Administration; provided, however, that the State Highway Commission as constituted on June 30, 1993, under the provisions of Title 56, shall be the governing authority for the department until February 15, 1994, or as soon as its successors are elected or appointed and qualified, whichever is later:

Department of Highways and Public Transportation, except the Motor Vehicle Division, which was established as the Department of Motor Vehicles by Section 56-1-5, and the State Highway Patrol, formerly provided for at Section 56-1-10, et seq.

(B)   The Commission of the Department of Transportation constituted on the effective date of this subsection shall continue to serve until the requirements of Section 57-1-320 are met, at which time the commission is abolished and the Department of Transportation Board, as established in Chapter 1 of Title 57, is the governing authority for the department."

SECTION   2.   Section 1-3-240(C)(1) of the 1976 Code is amended to read:

"(C)(1)     Persons appointed to the following offices of the State may be removed by the Governor for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity:

(a)   Workers' Compensation Commission;

(b)   Reserved Department of Transportation Board;

(c)   Ethics Commission;

(d)   Election Commission;

(e)   Professional and Occupational Licensing Boards;

(f)   Juvenile Parole Board;

(g)   Probation, Parole and Pardon Board;

(h)   Director of the Department of Public Safety;

(i)     Board of the Department of Health and Environmental Control, excepting the chairman;

(j)     Chief of State Law Enforcement Division;

(k)   South Carolina Lottery Commission;

(l)     Executive Director of the Office of Regulatory Staff; and

(m)   Directors of the South Carolina Public Service Authority appointed pursuant to Section 58-31-20. A director of the South Carolina Public Service Authority also may be removed for his breach of any duty arising under Sections 58-31-55 or 58-31-56. The Governor must not request a director of the South Carolina Public Service Authority to resign unless cause for removal, as established by this subsection, exists. Removal of a director of the South Carolina Public Service Authority, except as is provided by this section or by Section 58-31-20(A), must be considered to be an irreparable injury for which no adequate remedy at law exists."

SECTION   3.   Chapter 1 of Title 57 of the 1976 Code is amended to read:

"CHAPTER 1

GENERAL PROVISIONS

ARTICLE 1

DEPARTMENT OF TRANSPORTATION

Section 57-1-10.   For the purposes of this title, the following words, phrases, and terms are defined as follows:

(1)   'Commission' 'Board' means the administrative and governing body of the Department of Transportation.

(2)   'Department' 'Department' means the Department of Transportation (DOT).

(3)   'Director' 'Executive director' means the chief administrative officer of the Department of Transportation.

(4)   'Chief highway engineer' means the person selected by the board as provided in Section 57-1-410(B) to create, in conjunction with the board, the statewide transportation priority plan.

Section 57-1-20.   The Department of Transportation is established as an administrative agency of state government which is comprised of a Division of Mass Transit; a Division of Construction Engineering and Planning; and a Division of Finance and Administration. Each division of the Department of Transportation shall have such functions and powers as provided for by law.

Section 57-1-30.   (A)   The department shall have as its functions and purposes the systematic planning, construction, maintenance, and operation of the state highway system and the development of a statewide mass transit system that is consistent with the needs and desires of the public.

(B)   The department shall coordinate all state and federal programs relating to highways among all departments, agencies, and other bodies politic and legally constituted agencies of this State and the performance of such other duties and matters as may be delegated to it pursuant to law. The goal of the department is to provide adequate, safe, and efficient transportation services for the movement of people and goods.

Section 57-1-35.   The members of the board and employees of the department are subject to the provisions of Chapter 13 of Title 8, the State Ethics Act, and the provisions of Chapter 78 of Title 15, the South Carolina Tort Claims Act.

Section 57-1-40.   (A)   It is unlawful for a member of the commission board or an engineer, agent, or other employee, acting for or in behalf of the department or commission board, to accept or agree to accept, receive or agree to receive, or ask or solicit, either directly or indirectly, with the intent to have his decision or action on any question, matter, cause, or proceeding which at the time may be pending or which by law may be brought before him in his official capacity or in his place of trust or profit influenced, any:

(1)   money;

(2)   contract, promise, undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value;

(3)   political appointment or influence, present, or reward;

(4)   employment; or

(5)   other thing of value.

A person violating the provisions of subsection (A) is guilty of a felony and, upon conviction, must be imprisoned not more than five years and is disqualified forever from holding any office of trust or profit under the Constitution or laws of this State.

(B)   It is unlawful for a person to give or offer to give, promise, or cause or procure to be promised, offered, or given, either directly or indirectly, to a member of the commission board or an engineer, agent, or other employee acting for or on behalf of the commission board or department with the intent to have his decision or action on any question, matter, cause, or proceeding which at the time may be pending or which by law may be brought before him in his official capacity or in his place of trust or profit influenced, any:

(1)   money;

(2)   contract, promise, undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value;

(3)   political appointment or influence, present, or reward;

(4)   employment; or

(5)   other thing of value.

A person violating the provisions of subsection (B) is guilty of a felony and, upon conviction, must be imprisoned not more than five years and is disqualified forever from holding any office of trust or profit under the Constitution or laws of this State.

Section 57-1-50.   The assent of the State is hereby given to the terms and provisions of any act providing for federal aid to the states for the construction of highways and other related transportation projects. The good faith of the State is hereby pledged to provide sufficient funds to meet the requirements of said federal act, so as to acquire the benefits thereof.

Section 57-1-60.   (A)   The Governor, in addition to other duties and responsibilities conferred upon him by the Constitution and laws of this State, is charged with the responsibility for the administration of the state's highway safety programs and is further charged with the duty of contracting and doing all other things necessary on behalf of this State and, in so doing, to work with federal and state agencies, agencies private and public, interested organizations, and with individuals to effectuate that purpose. The Governor shall be the official of this State having the ultimate responsibility for dealing with the federal government with respect to highway safety transportation programs and activities. To that end the Governor shall coordinate the activities of any and all departments and agencies of this State and its subdivisions.

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

(2)   In developing the methodology, the department must 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 reg ulations, 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 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.

(E)   Any project placed in the statewide transportation improvement plan at the request of a metropolitan planning organization or a council of government must not be removed except by a vote of the majority of the board including the board member representing the district in which the project is located.

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.

ARTICLE 3
COMMISSION OF THE DEPARTMENT OF TRANSPORTATION BOARD

Section 57-1-310.   The congressional districts of this State are constituted and created Department of Transportation districts of the State, designated by numbers corresponding to the numbers of the respective congressional districts. The Commission of the Department of Transportation shall be composed of one member from each transportation district elected by the delegations of the congressional district and one member appointed by the Governor, upon the advice and consent of the Senate, from the State at large. Such elections or appointment, as the case may be, shall take into account race and gender so as to represent, to the greatest extent possible, all segments of the population of the State; however, consideration of these factors in making an appointment or in an election in no way creates a cause of action or basis for an employee grievance for a person appointed or elected or for a person who fails to be appointed or elected.

(A)   On and after the effective date of this section, the Department of Transportation is composed of a board of seven members, one from each congressional district of the State and one from the State at large who shall serve as the chairman. A member of the board must:

(1)   reside in South Carolina and, in the case of a member representing a congressional district, reside in the congressional district he represents;

(2)   have a background of substantial duration and expertise in at least one of the following:

(a)   transportation issues;

(b)   finance;

(c)   accounting;

(d)   engineering; or

(e)   law.

(3)   be appointed by the Governor, screened by the Joint Transportation Review Committee as provided in Article 7 of this chapter and determined to have the qualifications required in this chapter, and confirmed by the advice and consent of the Senate.

(B)   In appointing and confirming the board members, the Governor and General Assembly must take into account race and gender so as to represent, to the greatest extent possible, all segments of the population of the State, including representation from rural and urban areas. Consideration of these factors in making an appointment or during confirmation 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 appointed or confirmed. Representation on the board should reflect the racial composition of the population of this State.

(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.

Section 57-1-320.   (A)   A county that is divided among two or more Department of Transportation districts, for purposes of electing a commission member, is deemed to be considered in the district which contains the largest number of residents from that county.

(B)   No county within a Department of Transportation district shall have a resident commission member for more than one consecutive term and in no event shall any two persons from the same county serve as a commission member simultaneously except as provided hereinafter.

(A)   The Joint Transportation Review Committee, established pursuant to Article 7 of this chapter, must meet within ninety days of the effective date of this section to screen and determine if appointees are qualified to serve as initial board members.

(B)   Notwithstanding the provisions of Section 1-3-210, the initial board members appointed by the Governor shall serve in an interim capacity pending confirmation by the Senate. If the appointment is 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.

(C)   No later than thirty days after the final initial board member is appointed, as the case may be, the board must meet and organize. Following the initial board meeting, the board chairman must immediately file with the Secretary of State certification the board has met and organized.

(D)   Members of the Department of Transportation Commission whose terms are not terminated as provided in Section 57-1-330(B) and who have been lawfully elected pursuant to Section 57-1-325 are legally entitled to continue in office under the provisions of Section 57-1-330(B) and are vested as members of the Department of Transportation Board that becomes 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 as previously constituted 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 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 six years, except as provided in subsection (B), which expires on January 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. However, no county within a congressional district shall have a resident board member for more than one consecutive term and no board member may be appointed from the same county as another serving board member. 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 January 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 January 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 January 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).

(D)   For the assistance of the district board members, there is established an advisory board in each district, to be composed of the chairman of each county transportation committee, or his designee, from within the district. The advisory board must consult with and advise district board members on all matters under consideration by the Board of the Department of Transportation.

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.

ARTICLE 5

EXECUTIVE DIRECTOR, CHIEF HIGHWAY ENGINEER OF THE DEPARTMENT OF TRANSPORTATION

AND OTHER EMPLOYEES OF THE DEPARTMENT OF TRANSPORTATION

Section 57-1-410.   (A)(1)   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 under the provisions of Section 8-11-160 and for which funds have been authorized in the general appropriation act.

(2)   The board must 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.

(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 board and for which funds have been authorized in the general appropriation act.

Section 57-1-430.   (A)   The director executive director must carry out the policies of the commission board and administer the affairs of the department, and may exercise all powers belonging to the commission board within the guidelines and policies established by the commission board, when the commission board is not in session. He must represent the department in its dealings with other state agencies, local governments, special districts, and the federal government.

(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:

"ARTICLE 7

JOINT TRANSPORTATION REVIEW COMMITTEE

Section 57-1-710.   There is hereby established a committee to be known as the Joint Transportation Review Committee, hereinafter called the review committee, which must exercise the powers and fulfill the duties described in this article.

Section 57-1-720.   (A)   The review committee is composed of ten members as follows:

(1)   one appointed by the Chairman of the Senate Finance Committee;

(2)   one appointed by the Chairman of the Senate Judiciary Committee;

(3)   one appointed by the Chairman of the Senate Transportation Committee;

(4)   two members of the general public appointed by the President Pro Tempore of the Senate upon the recommendations of the 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.

(B)   In making appointments to the joint committee, race, gender, and other demographic factors, such as residence in rural or urban areas, must be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State. The members of the general public appointed by the President Pro Tempore of the Senate and Speaker of the House of Representatives must be representative of all citizens of this State and must not be members of the General Assembly.

(C)   The review committee must meet as soon as practicable after appointment and organize itself by electing one of its members as chairman and such other officers as the review committee may consider necessary. Thereafter, the review committee must meet at least annually and at the call of the chairman or by a majority of the members. A quorum consists of five members.

(D)   Unless the review committee finds a gubernatorial appointee qualified, the appointee must not be confirmed by the advice and consent of the Senate to serve on the Department of Transportation Board.

Section 57-1-730.   The review committee has the following powers and duties:

(1)   to screen the persons the Governor appoints to the Department of Transportation Board pursuant to the provisions of Section 2-20-10, et seq.; however, Section 2-20-40 is not applicable to a screening by the review committee;

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

(a)   ability, dedication, compassion, common sense, and integrity of the candidates; and

(b)   the race and gender of the candidates and other demographic factors, such as residence in rural or urban areas, to assure nondiscrimination to the greatest extent possible of all segments of the population of the State;

(3)   to determine if the appointees are qualified and meet the requirements provided by law to serve as members of the Department of Transportation Board, make findings concerning whether the appointees are qualified, and deliver its findings to the Senate;

(4)   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 assist 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;

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

(9)   to submit a letter with the annual budget proposals of the Department of Transportation, indicating the review committee has reviewed and approved the proposals;

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

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

(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.

Section 57-1-740.   (A)   The review committee members are entitled to such mileage, subsistence, and per diem as authorized by law for members of boards, committees, and commissions while in the performance of the duties for which appointed. These expenses shall be paid from the general fund of the State on warrants duly signed by the chairman of the review committee and payable by the authorities from which they are appointed.

(B)   The expenses associated with the review committee duties to qualify and nominate candidates for the Department of Transportation Board and to develop an annual workshop on ethics and the Administrative Procedures Act must be paid from the general fund of the State.

Section 57-1-750.   (A)   The review committee must use clerical and professional employees of the General Assembly for its staff, who must be made available to the review committee.

(B)   The review committee may employ or retain other professional staff, upon the determination of the necessity for other staff by the review committee.

(C)   The costs and expenses of the review committee must be funded in the annual general appropriations act.

Section 57-1-760.   The review committee may conduct a comprehensive study of other states' Department of Transportation Board's structures, responsibilities, qualifications, and compensation. The review committee may prepare and deliver this report along with its recommendations to the General Assembly on or before January 15, 2009."

SECTION   5.   References in the 1976 Code to the "Commission of the Department of Transportation" or references to "commission" that refer to the administrative and governing body of the Department of Transportation, mean the "Department of Transportation Board" or "board", as appropriate; references to "director " that refer to the chief administrative officer of the Department of Transportation, mean the "Executive Director of the Department of Transportation" or "executive director," as appropriate; and references to "Department of Transportation Commissioner" mean "member of the Department of Transportation Board" or "board member" as appropriate. The Code Commissioner shall change references in the 1976 Code to conform to this act, and such changes must be included in the next printing of replacement volumes or cumulative supplements.

SECTION   6.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION   7.   (A)   The repeal or amendment by this act of any law, whether temporary or permanent, does not affect pending actions, rights, duties, or liabilities founded on it, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision expressly provides it. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws. Any state agency, board, commission, or council to which are transferred the powers, duties, and functions of any state agency, board, commission, or council relating to the pending proceeding must be substituted as a party in interest.

(B)   Any statute enacted and any rule or regulation made in respect to any state agency, board, commission, or council or function transferred to, or consolidated, coordinated, or combined with any other state agency, board, commission, or council or function under the provisions of this act before the effective date of the transfer, consolidation, coordination, or combination, except to the extent repealed, modified, superseded, or made inapplicable by or under the authority of law, shall have the same effect as if the transfer, consolidation, coordination, or combination had not been made. But when any such statute, rule, or regulation has vested functions in the state agency, board, commission, or council from which the transfer is made under the act, the functions, insofar as they are to be exercised after the transfer, must be considered as vested in the state agency, board, commission, or council to which the transfer is made under the act.

SECTION   8.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

There being no further amendments, the question then was the second reading of the Bill.

The Bill was read the second time, passed and ordered to a third reading.

Recorded Vote

Senators RYBERG, GROOMS, VERDIN, BRYANT and CAMPSEN desired to be recorded as voting against the second reading of the Bill.

Senator RYBERG spoke on the Bill.

Senator McCONNELL spoke on the Bill.