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

Wednesday, May 9, 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:

"Then you shall declare before the Lord your God: 'My father was a wandering Aramean, and he went down into Egypt with a few people and lived there and became a great nation, powerful and numerous'."
(Deuteronomy 52:7)

Let us pray:

O Lord, just like people from centuries past, we ourselves, also, all have a history. We each have a story: who we are, where we've come from, how we've gotten to where we are. Some of the facts of these stories make our hearts soar; yet some of our personal and collective history we still try to make sense of and to move beyond. Lord, guide us all as this Senate wrestles with issues and grapples with decisions that will impact this generation, and perhaps the next, and even those after that. May the contributions these Senators make all prove to be pleasing to You, O God, and beneficial to this State we love. In Your name we pray, Lord.
Amen.

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

MESSAGE FROM THE GOVERNOR

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

Local Appointments

Initial Appointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence immediately, and to expire June 30, 2011

Horry County Council:

Arthur Thompkins, 3890 Palmetto St., Myrtle Beach, S.C. 29579

Reappointment, York County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011

Lynne H. Benfield, 13 Lepwood Circle, York, S.C. 29745

Reappointment, York County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011

Mandrile Hose Young, 2921 Sedona Place, Fort Mill, S.C. 29708

H. 3895 (Word version) -- Reps. Hosey, Sellers, Anderson, Breeland, G. Brown, Clyburn, Huggins and Jennings: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME SOUTH CAROLINA HIGHWAY 304 IN BARNWELL COUNTY THE "ARIE BLACK GUESS HIGHWAY" AND ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "ARIE BLACK GUESS HIGHWAY".

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

There was no objection.

The Resolution was recalled from the Committee on Transportation.

Senator HUTTO asked unanimous consent to take the Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Resolution, the question being the adoption of the Resolution.

The Resolution was adopted and ordered returned to the House.

RECALLED

H. 3960 (Word version) -- Reps. Viers, Barfield, Clemmons, Edge, Hardwick, Hayes, Witherspoon, Miller, Govan and Anderson: A JOINT RESOLUTION THE DEPARTMENT OF TRANSPORTATION IS DIRECTED TO CHANGE ALL HIGHWAY DIRECTIONAL SIGNS IN THE HIGHWAY RIGHTS-OF-WAY UNDER ITS JURISDICTION IN HORRY COUNTY FROM "WACCAMAW POTTERY", WHICH IS NOW CLOSED, TO "HARD ROCK PARK".

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

There was no objection.

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 743 (Word version) -- Senators McConnell, Anderson, Alexander, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Matthews, McGill, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A SENATE RESOLUTION TO THANK BETHANY FIELD FOR HER YEARS OF SERVICE TO THE SENATE AND THE PEOPLE OF SOUTH CAROLINA AND EXPRESS APPRECIATION FOR ALL HER WONDERFUL EFFORTS AND, WITH PRIDE IN HER ACCOMPLISHMENTS, WISH HER WELL AS SHE LEAVES TO PURSUE HER MASTER'S DEGREE AT GEORGE WASHINGTON UNIVERSITY.
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S. 744 (Word version) -- Senator Williams: A SENATE RESOLUTION PROCLAIMING TUESDAY, MAY 15, 2007, THE FIRST ANNUAL DILLON COUNTY FIRST STEPS AWARENESS DAY AND RECOGNIZING THE ACCOMPLISHMENTS OF THE DILLON COUNTY FIRST STEPS PROGRAM AND THE DILLON COUNTY FIRST STEPS PARTNERSHIP BOARD.
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S. 745 (Word version) -- Senators Gregory, Hutto, Elliott, Ford, Cleary, Short, O'Dell, Campsen, Martin, Land and Knotts: A BILL TO AMEND SECTION 61-6-1540(A) OF THE 1976 CODE, RELATING TO NONALCOHOLIC MERCHANDISE, TO PROVIDE WHEN RETAIL DEALERS MAY SELL BARWARE AND NONALCOHOLIC ITEMS CONSUMED IN CONJUNCTION WITH ALCOHOLIC LIQUORS.
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Read the first time and referred to the Committee on Judiciary.

S. 746 (Word version) -- Senators O'Dell and McGill: A SENATE RESOLUTION TO CONGRATULATE RETIRED LIEUTENANT COLONEL BEN W. LEGARE, JR., THE CITADEL'S DIRECTOR OF GOVERNMENT AND COMMUNITY AFFAIRS, UPON THE OCCASION OF HIS RETIREMENT, TO COMMEND AND THANK HIM FOR HIS MANY YEARS OF DEDICATED SERVICE AS A LEGISLATIVE LIAISON, AND TO WISH HIM MUCH HAPPINESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.
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S. 747 (Word version) -- Senator O'Dell: A SENATE RESOLUTION TO CONGRATULATE ANDERSON COUNTY'S JENNIE ERWIN LIBRARY ON THE OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY, TO COMMEND THE LIBRARY FOR THE OUTSTANDING JOB IT DOES IN SERVING THE CITIZENS OF HONEA PATH, AND TO WISH THIS VENERABLE INSTITUTION MUCH CONTINUED SUCCESS IN THE FUTURE.
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S. 748 (Word version) -- Senators Williams and Leatherman: A SENATE RESOLUTION TO CONGRATULATE MARION'S HUGH V. COLEMAN, M.D., MEDICAL DIRECTOR OF THE SOUTH CAROLINA RECOVERING PROFESSIONAL PROGRAM, UPON THE OCCASION OF HIS RETIREMENT, TO COMMEND HIM FOR HIS MANY YEARS OF DEDICATED SERVICE AS A MEDICAL PROFESSIONAL, AND TO WISH HIM MUCH HAPPINESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.
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S. 749 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO HONOR CENTURY 21 BOB CAPES REALTORS FOR UNPARALLELED EXCELLENCE IN THE REAL ESTATE FIELD AND TO CONGRATULATE OWNERS JIMMY DERRICK AND MIKE TAYLOR ON THEIR COMPANY'S WIN OF THE PRESTIGIOUS ART BARTLETT 2100 CUP AWARD.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 750 (Word version) -- Senator Malloy: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND BISHOPVILLE'S LEE CENTRAL COMPREHENSIVE HIGH SCHOOL BOYS BASKETBALL TEAM FOR ITS OUTSTANDING SEASON AND FOR CAPTURING THE 2007 CLASS AA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S EXCEPTIONAL PLAYERS, COACHES, AND STAFF.
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S. 751 (Word version) -- Senator Malloy: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND BISHOPVILLE'S LEE CENTRAL COMPREHENSIVE HIGH SCHOOL LADY STALLIONS BASKETBALL TEAM ON ITS OUTSTANDING SEASON AND ITS IMPRESSIVE WIN OF THE 2007 CLASS AA STATE GIRLS BASKETBALL CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S EXCEPTIONAL PLAYERS, COACHES, AND STAFF.
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S. 752 (Word version) -- Senator Williams: A SENATE RESOLUTION DESIGNATING THE WEEK OF APRIL 22 THROUGH APRIL 29, 2007, THE WEEK OF THE YOUNG CHILD, AND ENCOURAGING ALL CITIZENS TO WORK TO MAKE A GOOD INVESTMENT IN EARLY CHILDHOOD.
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H. 4045 (Word version) -- Rep. Agnew: A CONCURRENT RESOLUTION TO COMMEND DR. JAMES W. GETTYS, OF ABBEVILLE COUNTY, ON OVER FORTY YEARS OF DISTINGUISHED SERVICE AS A PROFESSOR AT ERSKINE COLLEGE AND TO HONOR HIS SERVICE TO THE COLLEGE AND HIS COMMUNITY.

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

H. 4047 (Word version) -- Reps. Harvin, Anderson, Viers, Battle, Jennings, Kennedy, Miller and Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR DR. RONALD R. INGLE, OF HORRY COUNTY, FOR HIS FOURTEEN YEARS OF EXTRAORDINARY SERVICE AND REMARKABLE ACCOMPLISHMENTS AS PRESIDENT OF COASTAL CAROLINA UNIVERSITY AND TO WISH HIM ALL THE BEST UPON HIS RETIREMENT.

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

H. 4054 (Word version) -- Reps. Huggins, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE AND HONOR RONALD M. (RON) JOYE, OF LEXINGTON COUNTY, FOR HIS OUTSTANDING THIRTY-THREE YEAR CAREER IN STATE GOVERNMENT AND FOR HIS DISTINGUISHED SERVICE WITH THE DEPARTMENT OF TRANSPORTATION UPON HIS RETIREMENT.

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

REPORTS OF STANDING COMMITTEES

Senator ALEXANDER from the General Committee polled out S. 218 favorable:

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

General Committee
Polled 16; Ayes 16; Nays 0; Not Voting 0

AYES

Alexander                 O'Dell                    Martin
Ryberg                    Elliott                   Hawkins
Knotts                    Ford                      Short
Sheheen                   Reese                     Ritchie
Lourie                    Williams                  Rankin
Vaughn

Total--16

NAYS

Total--0

Ordered for consideration tomorrow.

Senator THOMAS from the Committee on Banking and Insurance polled out S. 398 majority favorable with amendment and Senator REESE a minority unfavorable report on:

S. 398 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-480 SO AS TO CREATE THE CRIME OF ENGAGING IN THE BUSINESS OF DEFERRED PRESENTMENT IN THIS STATE, TO PROVIDE THAT A VIOLATION IS A FELONY, AND TO PROVIDE FOR A MANDATORY MINIMUM PENALTY; AND TO REPEAL CHAPTER 39 OF TITLE 34 RELATING TO THE SOUTH CAROLINA DEFERRED PRESENTMENT SERVICES ACT.

Poll of the Judiciary Committee
Polled 14; Ayes 13; Nays 1; Not Voting 2

AYES

Thomas                    McConnell                 Courson
Matthews                  Patterson                 Hayes
Jackson                   Martin                    Rankin
Alexander                 Cromer                    Pinckney
Malloy

Total--13

NAYS

Reese

Total--1

NOT VOTING

Setzler                   Ritchie

Total--2

Ordered for consideration tomorrow.

Senator HAWKINS from the Committee on Judiciary submitted a majority favorable and Senator ANDERSON a minority unfavorable report on:

H. 3212 (Word version) -- Reps. Delleney, M.A. Pitts, Haley, Crawford, Chellis, G.R. Smith, Owens, Rice, Weeks, Viers, Simrill, Bedingfield, Vick, Duncan, Mulvaney, Stavrinakis, Clemmons and Young: A BILL TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE THAT VALID OUT-OF-STATE PERMITS TO CARRY CONCEALABLE WEAPONS HELD BY A RESIDENT OF ANOTHER STATE MUST BE HONORED BY THIS STATE AND TO DELETE THE PROVISION THAT THIS STATE WILL ONLY HONOR OUT-OF-STATE PERMITS ISSUED BY A STATE WITH WHICH SOUTH CAROLINA HAS RECIPROCITY.

Ordered for consideration tomorrow.

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

H. 3427 (Word version) -- Reps. Whipper, Cobb-Hunter, Jennings, Mack, F.N. Smith, J.R. Smith, Weeks, Gullick, Mulvaney, Hamilton, G.R. Smith, Bedingfield and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO PROVIDE THAT COMMON LAW MARRIAGE IN THE STATE MAY NOT BE RECOGNIZED ON AND AFTER JANUARY 1, 2008, AND TO PROVIDE AN EXCEPTION FOR A COMMON LAW MARRIAGE EXISTING AS OF DECEMBER 31, 2007; AND TO REPEAL SECTION 20-1-360 RELATING TO THE VALIDITY OF A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.

Ordered for consideration tomorrow.

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

H. 3428 (Word version) -- Rep. G.M. Smith: A BILL TO AMEND CHAPTER 28 OF TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO RESERVE POLICE OFFICERS, SO AS TO PROVIDE FOR LAW ENFORCEMENT AGENCIES OF THE STATE TO APPOINT RESERVE OFFICERS IN THE SAME MANNER AS MUNICIPAL AND COUNTY LAW ENFORCEMENT AGENCIES.

Ordered for consideration tomorrow.

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

H. 3490 (Word version) -- Reps. G.M. Smith, E.H. Pitts, Delleney, Harrison, Hart, Lucas, Rutherford, Sandifer, Stavrinakis, Thompson, Weeks, Whitmire and McLeod: A BILL TO AMEND CHAPTER 22, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRETRIAL INTERVENTION PROGRAM BY DESIGNATING THE EXISTING SECTIONS AS ARTICLE 1 AND BY ADDING ARTICLE 5 SO AS TO CREATE THE "ALCOHOL EDUCATION PROGRAM ACT", TO PROVIDE THAT EACH SOLICITOR HAS THE AUTHORITY TO ESTABLISH A PROGRAM FOR PERSONS WHO COMMIT CERTAIN ALCOHOL-RELATED OFFENSES, AND TO PROVIDE PROCEDURES FOR THE OPERATION OF A PROGRAM AND REQUIREMENTS FOR PERSONS DESIRING TO ENTER A PROGRAM.

Ordered for consideration tomorrow.

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

H. 3525 (Word version) -- Reps. Bedingfield, G.R. Smith, Pinson, J.H. Neal, F.N. Smith, Allen, Anthony, Bales, Ballentine, Bannister, Barfield, Brantley, Cato, Frye, Funderburk, Gullick, Haley, Harrell, Hart, Harvin, Haskins, Hodges, Howard, Kelly, Knight, Littlejohn, Mahaffey, Moss, Mulvaney, Neilson, J.R. Smith, W.D. Smith, Spires, Stavrinakis, Walker and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-950 SO AS TO PROVIDE THAT A PERSON WHO HAS BEEN RELEASED FROM THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS AND WHOSE DRIVER'S LICENSE HAS BEEN SUSPENDED FOR FAILURE TO COMPLY WITH AN ORDER FOR CHILD SUPPORT MAY OBTAIN A SPECIAL ROUTE-RESTRICTED DRIVER'S LICENSE FROM THE DEPARTMENT OF MOTOR VEHICLES.

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., May 8, 2007

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.29, S. 451 by a vote of 98 to 7:

(R29, S451 (Word version)) -- Senators Courson, Setzler, Leatherman and Alexander: AN ACT TO AMEND SECTION 59-119-940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLEMSON UNIVERSITY ATHLETIC FACILITIES REVENUE BONDS, SO AS TO RAISE THE OUTSTANDING DEBT LIMIT FOR THESE BONDS FROM SIXTY MILLION DOLLARS TO TWO HUNDRED MILLION DOLLARS; AND TO AMEND SECTION 9 OF ACT 518 OF 1980, AS AMENDED, RELATING TO THE UNIVERSITY OF SOUTH CAROLINA ATHLETIC FACILITIES REVENUE BONDS, SO AS TO RAISE THE OUTSTANDING DEBT LIMIT FROM SIXTY MILLION DOLLARS TO TWO HUNDRED MILLION DOLLARS.
Very respectfully,
Speaker of the House

Message from the House

Columbia, S.C., May 8, 2007

Mr. President and Senators:

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

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

Message from the House

Columbia, S.C., May 8, 2007

Mr. President and Senators:

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

H. 3621 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2006-2007.
Very respectfully,
Speaker of the House

H. 3621--SENATE INSISTS UPON THEIR AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

H. 3621 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2006-2007.

Whereupon, Senators LEATHERMAN, LAND and PEELER were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 9, 2007

Mr. President and Senators:

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

H. 3471 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE CONTINGENCY RESERVE FUND REVENUES.
asks for a Committee of Conference, and has appointed Reps. Cooper, Edge and Neilson to the committee on the part of the House.
Very respectfully,
Speaker of the House

H. 3471--CONFERENCE COMMITTEE APPOINTED

H. 3471 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE CONTINGENCY RESERVE FUND REVENUES.

Whereupon, Senators LEATHERMAN, LAND and PEELER were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

HOUSE CONCURRENCE

S. 740 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION HONORING GEORGE DUCWORTH UPON THE OCCASION OF HIS RETIREMENT FROM THE WIL LOU GRAY OPPORTUNITY SCHOOL BOARD OF TRUSTEES, THANKING HIM FOR DECADES OF CIVIL SERVICE, AND WISHING HIM MUCH SUCCESS AND GOOD FORTUNE IN THE FUTURE.

Returned with concurrence.

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

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

H. 3409 (Word version) -- Reps. Scarborough and Limehouse: A BILL TO PROVIDE THAT THE CHARLESTON COUNTY AVIATION AUTHORITY'S MEMBERSHIP SHALL BE INCREASED BY TWO MEMBERS, AND TO PROVIDE THAT THESE MEMBERS SHALL BE THE CHAIRMAN AND VICE CHAIRMAN OF THE CHARLESTON COUNTY LEGISLATIVE DELEGATION, OR THEIR DESIGNEES.

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

OBJECTIONS

S. 638 (Word version) -- Senators Campsen, Fair, Bryant, Vaughn, Hawkins, Alexander, Grooms, Sheheen, Setzler, Cromer, McConnell, Land, Verdin, Peeler, Hayes, Ritchie, Anderson, Thomas, Scott, Martin, Knotts and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-160 SO AS TO ENACT THE "SOUTH CAROLINA PUBLIC PRAYER AND INVOCATION ACT" TO ALLOW A GOVERNING BODY OF A STATE OR LOCAL GOVERNMENT TO ADOPT, BY ORDINANCE OR RESOLUTION, A POLICY THAT PRESERVES THE TRADITION OF SOLEMNIZING PUBLIC PROCEEDINGS BY ALLOWING FOR AN OPENING INVOCATION USING ONE OF THREE METHODS AND TO DEFINE "PUBLIC INVOCATION" AND "DELIBERATIVE PUBLIC BODY".

On motion of Senator HUTTO, with unanimous consent

H. 3267 (Word version) -- Reps. G.M. Smith, Cotty, Delleney, McLeod, Simrill and Weeks: A BILL TO AMEND SECTION 14-5-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION OF THE STATE INTO SIXTEEN JUDICIAL CIRCUITS AND ADDITIONAL AT-LARGE JUDGES, SO AS TO INCREASE THE NUMBER OF AT-LARGE CIRCUIT COURT JUDGES FROM THIRTEEN TO SIXTEEN; TO AMEND SECTION 20-7-1410, AS AMENDED, RELATING TO FAMILY COURT JUDGES ELECTED FROM EACH JUDICIAL CIRCUIT, SO AS TO INCREASE THE NUMBER OF FAMILY COURT JUDGES BY ADDING THREE AT-LARGE JUDGES.

On motion of Senator HUTTO, with unanimous consent

CARRIED OVER

H. 3355 (Word version) -- Reps. Delleney, Mulvaney, Bedingfield, Shoopman, Leach, Gullick, Duncan, Hamilton, Kelly, M.A. Pitts, Rice, Talley, Walker, Haskins, Simrill, Vick, Owens, Viers, Loftis, G.M. Smith, Toole, G.R. Smith, Pinson and Bingham: A BILL TO AMEND SECTION 44-41-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREREQUISITES FOR THE PERFORMANCE OF AN ABORTION, INFORMATION TO BE PROVIDED, CERTIFICATION, WAITING PERIOD, SPECIAL PROVISIONS FOR MINORS OR MENTALLY INCOMPETENT PERSONS, RETENTION OF RECORDS, AND UNAVAILABILITY OF RECORDS, SO AS TO PROVIDE THAT THE PHYSICIAN WHO IS TO PERFORM THE ABORTION MUST VERIFY THE PROBABLE GESTATIONAL AGE OF THE EMBRYO OR FETUS BY USING AN OBSTETRIC ULTRASOUND, TO PROVIDE THAT THE IMAGES USED TO VERIFY THE PROBABLE GESTATIONAL AGE MUST BE REVIEWED WITH THE WOMAN SEEKING THE ABORTION, AND TO PROVIDE THAT THE WOMAN SEEKING THE ABORTION MUST CERTIFY IN WRITING BEFORE THE ABORTION IS PERFORMED THAT SHE HAS REVIEWED THE ULTRASOUND IMAGES.

On motion of Senator MARTIN, with unanimous consent

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

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

At 11:40 A.M., Senator MARTIN asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 1:30 P.M.

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

HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.

CONSIDERATION INTERRUPTED

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

The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 1 (355R058.GFM) proposed by Senators McCONNELL, GROOMS and CAMPSEN and previously printed in the Journal of Tuesday, May 1, 2007.

Senator LAND argued contra to the adoption of the amendment.

ACTING PRESIDENT PRESIDES

At 11:48 A.M., Senator MARTIN assumed the Chair.

On motion of Senator O'DELL, with unanimous consent, the members of the sales and use tax subcommittee were granted leave to attend a subcommittee meeting and be granted leave to vote from the balcony.

Senator LAND argued contra to the adoption of the amendment.

With Senator LAND retaining the floor, on motion of Senator RITCHIE, with unanimous consent, consideration was interrupted by the recess.

RECESS

At 12:01 P.M., on motion of Senator KNOTTS, the Senate receded from business until 1:30 P.M.

AFTERNOON SESSION

The Senate reassembled at 1:35 P.M. and was called to order by the ACTING PRESIDENT, Senator MARTIN.

Point of Quorum

At 1:44 P.M., Senator LAND 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                    Fair                      Ford
Gregory                   Grooms                    Hawkins
Hayes                     Hutto                     Jackson
Knotts                    Land                      Leatherman
Leventis                  Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill                    Moore                     O'Dell
Patterson                 Peeler                    Rankin
Reese                     Ritchie                   Ryberg
Scott                     Setzler                   Sheheen
Short                     Thomas                    Vaughn
Verdin                    Williams

A quorum being present, the Senate resumed.

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on May 9, 2007, at 1:30 P.M. and the following Acts and Joint Resolution were ratified:

(R40, S. 321 (Word version)) -- Senator Alexander: AN ACT TO AMEND SECTION 59-58-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA NONPUBLIC POST-SECONDARY INSTITUTION LICENSE ACT, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 59-58-30, RELATING TO EXCLUSIONS FROM THE DEFINITION OF A "NONPUBLIC EDUCATIONAL INSTITUTION" FOR PURPOSES OF THE ACT, SO AS TO PROVIDE FOR FURTHER EXCLUSIONS; AND TO AMEND SECTION 59-58-80, RELATING TO BONDS OR COLLATERAL FOR THE PROTECTION OF STUDENT TUITION AND FEES, SO AS TO FURTHER PROVIDE FOR THE PURPOSE FOR WHICH THE PROCEEDS OF A SURETY BOND AND MONIES IN THE TUITION GUARANTY FUND, RENAMED THE STUDENT RECOVERY FUND, MAY BE USED.
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(R41, S. 348 (Word version)) -- Senators Hutto and Land: AN ACT TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT "CHANDLER'S LAW" BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR REGULATION OF THE OPERATION OF ALL-TERRAIN VEHICLES INCLUDING A REQUIREMENT THAT A PERSON FIFTEEN YEARS OLD OR YOUNGER WHO OPERATES AN ALL-TERRAIN VEHICLE MUST POSSESS A SAFETY CERTIFICATE INDICATING SUCCESSFUL COMPLETION OF AN ALL-TERRAIN VEHICLE SAFETY COURSE, AND MUST WEAR A SAFETY HELMET AND EYE PROTECTION WHEN OPERATING AN ATV, MAKING IT UNLAWFUL FOR A PARENT OR LEGAL GUARDIAN TO KNOWINGLY PERMIT HIS CHILD OR WARD UNDER AGE SIX TO OPERATE AN ATV, AND PROVIDING FURTHER RESTRICTIONS WHEN OPERATING AN ATV ON LANDS THAT ARE OPEN TO THE PUBLIC THAT ALLOW OPERATION OF AN ATV, TO PROVIDE THAT ALL-TERRAIN VEHICLES ARE EXEMPT FROM AD VALOREM TAXES BEGINNING WITH CALENDAR YEAR 2007, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10A SO AS TO PROVIDE A PROCEDURE FOR THE TITLING OF ALL-TERRAIN VEHICLES.
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(R42, S. 448 (Word version)) -- Senator Martin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-360 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TAKE OR ATTEMPT TO TAKE ELK AND TO PROVIDE PENALTIES FOR VIOLATION.
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(R43, S. 576 (Word version)) -- Senators Drummond and O'Dell: AN ACT TO AMEND SECTION 7-7-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF GREENWOOD COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
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(R44, S. 597 (Word version)) -- Senators Campsen, Hutto, Bryant, Verdin and Grooms: AN ACT 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.
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(R45, S. 609 (Word version)) -- Senators Patterson, Courson, Lourie and Jackson: AN ACT TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF RICHLAND COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD AND PROVIDE THAT POLLING PLACES MUST BE SELECTED BY THE RICHLAND COUNTY ELECTION COMMISSION UPON APPROVAL OF A MAJORITY OF THE LEGISLATIVE DELEGATION.
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(R46, S. 613 (Word version)) -- Senators Grooms, Verdin, Leventis and Campsen: AN ACT 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.
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(R47, 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.
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(R48, H. 3097 (Word version)) -- Reps. Rice, Walker, G.R. Smith, Shoopman, Cobb-Hunter, Mahaffey, Cotty, Owens, D.C. Smith, Bedingfield, Bales and Viers: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 59 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION IS AUTHORIZED TO ESTABLISH THE SOUTH CAROLINA VIRTUAL SCHOOL PROGRAM, TO PROVIDE REQUIREMENTS AND PROCEDURES FOR THE VIRTUAL SCHOOL PROGRAM, TO PROVIDE FOR CERTAIN ONLINE COURSE CREDITS, TO PROVIDE FOR THE STUDENTS ELIGIBLE TO PARTICIPATE IN THE PROGRAM AND FOR THE QUALIFICATIONS OF TEACHERS AND INSTRUCTORS IN THE PROGRAM, TO PROVIDE FOR AN ONLINE PILOT PROGRAM TO DETERMINE THE FEASIBILITY OF PROVIDING THE VIRTUAL SCHOOL PROGRAM TO STUDENTS ENROLLED IN ADULT EDUCATION PROGRAMS, TO PROVIDE FOR AN ANNUAL REPORT TO THE GENERAL ASSEMBLY BY THE STATE DEPARTMENT OF EDUCATION ON THE PROGRAM AND FOR OTHER DUTIES OF THE DEPARTMENT OF EDUCATION IN REGARD TO THE PROGRAM, AND TO PROVIDE THAT IMPLEMENTATION OF THE PROGRAM IS CONTINGENT ON FUNDING BEING PROVIDED BY THE GENERAL ASSEMBLY; AND BY ADDING SECTION 59-40-65 SO AS TO PROVIDE THAT CERTAIN INFORMATION MUST BE INCLUDED IN A CHARTER SCHOOL APPLICATION IF THE CHARTER SCHOOL OFFERS A PROGRAM OF ONLINE OR COMPUTER INSTRUCTION, TO PROVIDE THAT CHARTER SCHOOL STUDENTS MAY ENROLL IN THE VIRTUAL SCHOOL PROGRAM PURSUANT TO PROGRAM REQUIREMENTS, AND TO PROVIDE FOR OTHER DUTIES OR REQUIREMENTS OF THE CHARTER SCHOOL GOVERNING BODY AND THE CHARTER SCHOOL IN REGARD TO A PROGRAM OF ONLINE OR COMPUTER INSTRUCTION.
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(R49, H. 3256 (Word version)) -- Rep. Taylor: AN ACT TO AMEND SECTION 38-57-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADVERTISING GIFTS GIVEN BY INSURANCE AGENTS TO INSUREDS AND OTHERS, SO AS TO INCREASE FROM FIVE TO TWENTY-FIVE DOLLARS THE VALUE OF MERCHANDISE OR AN ARTICLE WHICH MAY BE GIVEN.
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(R50, H. 3310 (Word version)) -- Reps. M.A. Pitts, Duncan, Gambrell, Herbkersman, Sandifer, Whipper, White, Bedingfield, Weeks, Owens, Rice, Vick and Scarborough: AN ACT TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL CARRYING OF HANDGUNS, SO AS TO ALLOW A PERSON TO CARRY A HANDGUN ON OR ABOUT HIS PERSON IN A VEHICLE IF HE HAS A VALID CONCEALED WEAPON PERMIT.
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(R51, H. 3406 (Word version)) -- Reps. Sellers, Govan and Ott: AN ACT TO AMEND SECTION 44-7-3455, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS NOT SUBJECT TO THE PROVISIONS OF THE HOSPITAL PATIENT SAFETY ACT, SO AS TO PROVIDE THAT PROVISIONS OF THAT ACT DO NOT APPLY TO SPECIALIZED HOSPITALS LICENSED EXCLUSIVELY FOR TREATMENT OF ALCOHOL OR DRUG TREATMENT THAT ARE UNDER CONTRACT WITH THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES.
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CONSIDERATION INTERRUPTED

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

The House returned the Bill with amendments.

The Senate resumed consideration of the Bill, the question being the adoption of Amendment No. 1 (355R058.GFM) proposed by Senators McCONNELL, GROOMS and CAMPSEN and previously printed in the Journal of Tuesday, May 1, 2007.

Senator LAND argued contra to the adoption of the amendment.

On motion of Senator MOORE, with unanimous consent, Senators FORD, RANKIN and MOORE were granted leave to attend a subcommittee meeting, be counted in any quorum calls, and be granted leave to vote from the balcony.

Senator LAND resumed arguing contra to the adoption of the amendment.

On motion of Senator PEELER, Amendment No. 1 was carried over.

Amendment No. 2C

Senators SHEHEEN and CAMPSEN proposed the following Amendment No. 2C (355R065.VAS), which was tabled:

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

/   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 South Carolina Transportation Planning Commission certifies to the Secretary of State that it has met and organized. The South Carolina Transportation Planning Commission, as established in Chapter 2 of Title 57, is the authority charged with developing a budget for the department's operations and the systematic planning of the state highway system, the development of a statewide mass transit system, and the review and authorization of routine operation and maintenance requests and emergency repairs. The Department of Transportation is an administrative agency charged with the construction, maintenance, and operation of the state highway system pursuant the direction of the planning commission."

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 South Carolina Transportation Planning Commission;

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

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

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

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.   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 or 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 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 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.     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.

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

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.

ARTICLE 5

EXECUTIVE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION

AND OTHER EMPLOYEES OF THE DEPARTMENT OF TRANSPORTATION

Section 57-1-410.   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 possess practical and successful business and executive ability and who has a knowledge be knowledgeable in the field of transportation. The director Executive Director shall receive such compensation as may be established under the provisions of Section 8-11-160 and for which funds have been authorized in the general appropriation act.

Section 57-1-430.   (A)   The director Executive Director must carry out the policies of the commission and administer the day-to-day affairs of the department, oversee the implementation of the Statewide Transportation Improvement Plan (STIP) and the statewide mass transit plan, and ensure the timely completion of all authorized routine operation and maintenance requests and emergency repairs authorized by the Chief Highway Engineer. 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 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   3.   Title 57 of the 1976 Code is amended by adding a new Chapter to read:

"CHAPTER 2

THE SOUTH CAROLINA TRANSPORTATION PLANNING COMMISSION

ARTICLE 1

GENERAL PROVISIONS

Section 57-2-10.   (A)   The Department of Transportation Planning Commission is created to develop the Statewide Transportation Improvement Plan (STIP) and the statewide mass transit system, to prepare a budget for the operations undertaken by the Department of Transportation and any other duties, powers, functions, and responsibilities provided by law.

(B)   The Office of Chief Engineer is established as a division of the commission that shall assist the commission in developing the Statewide Transportation Improvement Plan (STIP), evaluate and authorize routine operation and maintenance requests and emergency repairs, and perform any other duties, powers, functions, and responsibilities authorized by the commission or provided by law.

Section 57-2-20.     The planning commission is composed of seven members, one member elected from each congressional district of the State by the legislative delegation representing that district and one member from the State at-large, appointed by the Governor with the advice and consent of the Senate, who shall serve as the chairman.

Section 57-2-30.   (A)   A county that is divided among two or more congressional 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 congressional district shall have a resident commission member for successive terms and in no event shall any two persons from the same county serve as a commission member simultaneously.

Section 57-2-40.     (A)   Legislators representing a portion of a 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.

(B)   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 then 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 planning commission member shall serve until his successor is elected and qualified.

Section 57-2-50.   (A)   Commissioners must be elected by the legislative delegation of each congressional district using a weighted voting formula. No person may be elected unless he receives a majority of the weighted vote. All elected commissioners 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. The at-large commissioner serves at the pleasure of the Governor. 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 must be filled by election, or appointment, as the case may be, in the manner provided in this chapter for the unexpired term only. No person is eligible to serve as a commission member who is not a resident of the congressional district he represents at the time of his election, except that the at-large commission member may be appointed from any county in the State provided that another commissioner is not serving from that county. Failure by a commission member to maintain residency in the congressional district from which he is elected during his term shall result in the forfeiture of his office.

(B)   Beginning in 2007, commission members must be elected to staggered terms. In 2007, commissioners representing the second, fourth, and sixth congressional districts must be elected to terms that end February 15, 2009, and until their successors are elected and qualify. Thereafter, commissioners representing the second, fourth, and sixth districts must be elected to terms of four years and until their successors are elected and qualify. In 2007, commissioners representing the first, third, fifth, and seventh districts must be elected to terms ending on February 15, 2011, and until their successors are elected and qualify. Thereafter, district board members representing the first, third, fifth, and seventh districts must be elected to terms of four years and until their successors are elected and qualify.

Section 57-2-60.   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 57-2-70.   Commissioners and the Chief Highway Engineer 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 57-2-80.   (A)   It is unlawful for a commissioner or the Chief Highway Engineer, agent, or other employee, acting for or in behalf of the commission or the Chief Highway Engineer, 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 Chief Highway Engineer, agent, or other employee acting for or on behalf of the commission or the Chief Highway Engineer 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 57-2-90.   (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.

(D)   The commission shall have such staff and support as may be necessary to carry out its powers and duties.

Section 57-2-100.   The commission shall hire appropriate legal and administrative staff as it feels is necessary to carry out its powers, duties, and functions required of the commission. Any employees hired pursuant to this section shall serve at the pleasure of the planning commission.

ARTICLE 2

POWERS AND DUTIES OF THE PLANNING COMMISSION AND THE

CHIEF HIGHWAY ENGINEER

Section 57-2-200.   The commission must prepare a biannual budget for its operations and the operations of the Department of Transportation. The commission may make necessary adjustments to either budget during the second year of the two-year budget cycle to meet shortfalls in projected revenue. The commission's and the department's budgets must be submitted to the General Assembly for approval by joint resolution before it may be implemented. The budgets must run concurrently with the State's fiscal year. If the General Assembly does not approve either or both budgets before adjourning sine die in a particular year, then the previous year's budget shall remain in place with an increase based on an inflation factor equal to the percentage increase in the previous year of the Consumer Price Index, Southeast Region, as published by the United States Department of Labor, Bureau of Labor Statistics plus the percentage increase in the previous year in the population of the State as determined by the Office of Research and Statistics of the State Budget and Control Board.

Section 57-2-210.   The commission has the authority to award all federal enhancement grants. Annually, the commission must submit a report to the Chairman of the Senate Transportation Committee and the Chairman of the House Education and Public Works Committee describing the number of federal enhancement grants that were awarded and the recipients of the federal enhancement grants.

Section 57-2-220.   The commission shall employ a Chief Highway Engineer who shall serve for a term of four years and may be removed by the commission only for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity. A person holding this office shall have civil engineering experience and any other experience the commission may require. The Chief Highway Engineer, in conjunction with the commission, must develop the Statewide Transportation Improvement Plan (STIP), as provided in this article, and evaluate and approve routine operation and maintenance requests or emergency repairs as defined in this article. The Chief Highway Engineer shall have such staff and support as may be authorized and funded by the commission and receive such compensation as may be established under the provisions of Section 8-11-160 and for which funds have been authorized by the commission.

Section 57-2-230.   (A)(1)   The South Carolina Transportation Planning Commission, 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 commission 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;

(j)     the potential for changed circumstances and their impact on the effective and efficient use of federal funds, including changed circumstances due to natural disasters or emergencies; and

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

(3)   The commission 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.

(B)   The planning commission must promulgate the methodology as a regulation under the provisions of Article 3, 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 section prior to being approved and used to design the Statewide Transportation Improvement Plan (STIP).

Section 57-2-240.   (A)   Using the methodology developed in Section 57-2-230, the commission must develop the Statewide Transportation Improvement Plan (STIP), and make any modifications, amendments, or annual adjustments to the program that may be necessary from time to time. The Statewide Transportation Improvement Plan (STIP) must include, but is not limited to, a 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 article.

(B)   The commission 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.

(C)   Upon adoption, the Statewide Transportation Improvement Plan (STIP) must be transmitted to the Executive Director for implementation.

Section 57-2-250.   The commission must develop the statewide mass transit system plan and may make any modifications, amendments, or annual adjustments to the plan that are necessary from time to time.

Section 57-2-260.   (A)   In addition to his responsibilities concerning the development of the Statewide Transportation Improvement Plan (STIP), the Chief Highway Engineer is charged with receiving, evaluating, and approving the routine operation and maintenance requests or emergency repairs that are needed for existing roads and bridges and are not included in the Statewide Transportation Improvement Plan (STIP). Upon approval the Chief Highway Engineer must transmit an order to the Executive Director who must carry out the approved request or repair.

(B)   For purposes of this section:

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

(b)   '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   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 Planning Commission" or "commission", 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 Planning Commission" or "planning commission 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.   (A)   This act takes effect upon approval by the Governor.

(B)   Each congressional delegation must meet within ninety days of the effective date of this act to elect the initial members of the South Carolina Transportation Planning Commission. The Governor must appoint the initial at-large board member no later than the date the last commissioner is elected. The initial at-large commission 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 member to the Senate and must forward a formal appointment during the 2008 regular session. The interim appointment 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 the interim appointment of the initial at-large member by sine die of the 2008 session, the office shall be vacant and the interim appointment shall not serve in hold over status, notwithstanding any other provision of law to the contrary. A subsequent interim appointment of a different person to the vacancy created by a failure of the Senate to grant confirmation to the original interim appointment of the initial at-large board member shall expire 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 or elected as the case may be, the commission must meet and organize. Following the initial commission meeting, the chairman must immediately file with the Secretary of State certification the board has met and organized. The Department of Transportation Commission is abolished effective on the date that the certification required by this subsection is filed with the Secretary of State and any remaining powers, duties, authority, and functions of the Department of Transportation Commission are devolved on the South Carolina Transportation Planning Commission.

Renumber sections to conform.

Amend title to conform.

Senator SHEHEEN explained the amendment.

With Senator SHEHEEN retaining the floor on Amendment No. 2C, Senator PEELER asked unanimous consent to explain Amendment No. 4.

There was no objection and Amendment No. 4 was taken up for immediate consideration for the purpose of having an explanation.

Amendment No. 4

Senators PEELER, RITCHIE and MARTIN proposed the following Amendment No. 4 (355HSP02), which was subsequently tabled:

Amend the bill, as and if amended, by striking the bill in its entirety 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 AT HIS DISCRETION; 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, 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 A DIRECTOR WHO SERVES AT THE PLEASURE OF THE BOARD.

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)   Commissioners serving on the Department of Transportation Commission, as of the effect date of this subsection, are redesignated members of the newly constituted Department of Transportation Board and may complete the term of office to which they were elected until the requirements of Section 57-1-330(B) are met. When the requirements of Section 57-1-330(B) are met the Department of Transportation Board as established in Chapter 1 of Title 57 is the governing authority for the department."

SECTION   2.   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' means the chief administrative officer of the Department of Transportation.

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.   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.

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)   The Department of Transportation's administrative and governing authority is a board composed of seven members, one from each congressional district of the State and one from the State at-large who shall serve as the chairman, provided, however, that no county may have more than one resident board member at any one time. A member of the board must:

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

(2)   be appointed by the Governor with the advice and consent of the Senate.

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

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 congressional district shall have a resident commission board member for more than one consecutive term and in no event shall any two persons from the same county serve as a commission board member simultaneously except as provided hereinafter.

(B)   Each successive board member must be appointed from a different county with a congressional district.

(C) The at-large board member shall serve for a term of four years and may be reappointed by the Governor with the advice and consent of the Senate for another four year term.

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

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

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 Board members shall continue to serve until their successors are elected and qualify, provided that a commissioner Board member 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 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 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.

(1)   the at-large board member shall serve for a term of four years and may be reappointed by the Governor with the advice and consent of the Senate for another four year term;

(2)   beginning February 15, 2008, board members representing odd-numbered congressional districts shall be appointed to a four year term; and

(3)   beginning February 15, 2010, board members representing even-numbered congressional districts shall be appointed to a four year term.

(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(B).

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 57-1-360. The Department of Transportation Board, in conjunction with the department, must develop a methodology for determining how to design the Statewide Transportation Improvement Plan (STIP). In developing the methodology, the department must include, but is not limited to, consideration of 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;

(9)   environmental impact; and

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

ARTICLE 5

DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION

AND OTHER EMPLOYEES OF THE DEPARTMENT OF TRANSPORTATION

Section 57-1-410.   The commission board shall employ a director who shall serve at the pleasure of the commission board. A person appointed to this position shall be a citizen of possess practical and successful business and executive ability and who has a knowledge be knowledgeable in the field of transportation. The director 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 57-1-430.   (A)   The 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 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 and the Governor.

(B)   For each division, the director 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 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 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 director shall appoint a deputy director for each division of the department who shall serve at the pleasure of the director 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   3.   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; 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   4.   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   5.   (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 6. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator PEELER explained the amendment.

ACTING PRESIDENT PRESIDES

At 3:49 P.M., Senator McCONNELL assumed the Chair.

Senator PEELER resumed explaining Amendment No. 4.

Upon the conclusion of the explanation of Amendment No. 4, the Senate resumed consideration of Amendment No. 2C.

Senator SHEHEEN explained Amendment No. 2C.

Senator LAND moved to lay Amendment No. 2C on the table.

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

Ayes 20; Nays 19

AYES

Alexander                 Anderson                  Ford
Hutto                     Jackson                   Land
Leatherman                Leventis                  Malloy
Matthews                  McGill                    Moore
O'Dell                    Patterson                 Peeler
Rankin                    Reese                     Ritchie
Short                     Williams

Total--20

NAYS

Bryant                    Campsen                   Cleary
Courson                   Cromer                    Fair
Grooms                    Hawkins                   Hayes
Knotts                    Lourie                    Martin
McConnell                 Ryberg                    Scott
Setzler                   Sheheen                   Thomas
Vaughn

Total--19

Amendment No. 2C was laid on the table.

On motion of Senator SETZLER, with unanimous consent, Amendment No. 1, which was previously carried over, was taken up for immediate consideration.

Senator LAND resumed arguing contra to the adoption of Amendment No. 1.

Objection

With Senator LAND retaining the floor on Amendment No. 1, Senator PEELER asked unanimous consent to take up Amendment No. 4 for immediate consideration.

Senator KNOTTS objected.

Senator LAND resumed arguing contra to the adoption of Amendment No. 1.

With Senator LAND retaining the floor, Senator PEELER asked unanimous consent to take up Amendment No. 4 for immediate consideration.

There was no objection.

Amendment No. 4 was taken up for immediate consideration.

Senator PEELER 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 23; Nays 17

AYES

Anderson                  Campsen                   Ford
Hutto                     Jackson                   Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Matthews
McConnell                 McGill                    Moore
O'Dell                    Patterson                 Rankin
Reese                     Setzler                   Sheheen
Short                     Williams

Total--23

NAYS

Alexander                 Bryant                    Cleary
Courson                   Cromer                    Fair
Grooms                    Hawkins                   Hayes
Martin                    Peeler                    Ritchie
Ryberg                    Scott                     Thomas
Vaughn                    Verdin

Total--17

Amendment No. 4 was laid on the table.

Senator LAND resumed arguing contra to the adoption of Amendment No. 1.

Objection

Having voted on the prevailing side, Senator ALEXANDER moved to reconsider the vote whereby Amendment No. 2C was laid on the table.

Senator LAND objected.

Senator LAND resumed arguing contra to the adoption of Amendment No. 1.

With Senator LAND retaining the floor, consideration was interrupted.

NONCONCURRENCE

H. 3620--GENERAL APPROPRIATION BILL

The House returned the Bill with amendments.

On motion of Senator LEATHERMAN, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 9, 2007

Mr. President and Senators:

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

H. 3620--GENERAL APPROPRIATION BILL

asks for a Committee of Conference, and has appointed Reps. Cooper, Edge and Neilson to the committee on the part of the House.
Very respectfully,
Speaker of the House

H. 3620--CONFERENCE COMMITTEE APPOINTED

H. 3620--GENERAL APPROPRIATION BILL

Whereupon, Senators LEATHERMAN, LAND and PEELER were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Senator McCONNELL moved that when the Senate adjourns on Wednesday, May 9, 2007, it stand adjourned to meet at 11:00 A.M. on Thursday, May 10, 2007, under the provisions of Rule 1B.

There was no objection and the motion was adopted.

LOCAL APPOINTMENTS
Confirmations

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

Initial Appointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence immediately, and to expire June 30, 2011

Horry County Council:

Arthur Thompkins, 3890 Palmetto St., Myrtle Beach, S.C. 29579

Having received a favorable report from the York County Delegation, the following appointments were confirmed in open session:

Reappointment, York County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011

Lynne H. Benfield, 13 Lepwood Circle, York, S.C. 29745

Reappointment, York County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011

Mandrile Hose Young, 2921 Sedona Place, Fort Mill, S.C. 29708