Indicates Matter Stricken
Indicates New Matter

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

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

In Job, Chapter 12, we read:

"... ask the animals, and they will teach you, or the birds of the air, and they will tell you; or speak to the earth, and it will teach you, or let the fish of the sea inform you."     (Job 12:7-8)

Let us pray, friends:

What an incredibly beautiful State are we privileged to live in, O God, from the mountains, through the Piedmont and Sandhills, down to the coast. Help us to hear what the special places of South Carolina say to us. Aid us in this Senate in our understanding of what the birds and the fish and the forest animals tell us about our becoming wise stewards of all that You have created. And may we join together to honor You, Lord, through the caring attention we choose to give to the natural world that surrounds us.

In Your name we pray, O Lord.
Amen.

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

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

Initial Appointment, Director, Department of Social Services, with term coterminous with Governor

Kathleen M. Hayes, 2805 Ulmer Road, Columbia, S.C. 29209 VICE Kim Aydlette

Referred to the General Committee.

Initial Appointment, South Carolina Workers' Compensation Commission, with term to commence June 30, 2002, and to expire June 30, 2008

At-Large:

Derrick L. Williams, 3800 Trenholm Rd., Columbia, SC 29206 VICE J. Michelle Childs

Referred to the Committee on Judiciary.

The following were received and referred to the appropriate committees for consideration:

Document No. 3118
Agency: Department of Labor, Licensing and Regulation, Board of Dentistry
SUBJECT: Mobile Dental Facilities and Portable Dental Operations
Received by Lieutenant Governor March 6, 2007
Referred to Medical Affairs Committee
Legislative Review Expiration February 3, 2008

Document No. 3119
Agency: Department of Labor, Licensing and Regulation, Real Estate Appraisers Board
SUBJECT: Education Requirements
Received by Lieutenant Governor March 6, 2007
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration February 3, 2008

Senator LEATHERMAN introduced Dr. Conyers O'Bryan of Florence, S.C., Doctor of the Day.

On motion of Senator GROOMS, at 12:05 P.M., Senator VERDIN was granted a leave of absence until 4:00 P.M. today.

S. 362 (Word version) -- Senators Ritchie, McConnell, Courson, Leventis, Martin, Hayes, Gregory, Richardson, Malloy, Sheheen, Campsen, Cleary and Alexander: A BILL TO AMEND CHAPTER 23, TITLE 59 OF THE 1976 CODE BY ADDING SECTION 59-23-215, TO PROVIDE THAT ALL PUBLIC SCHOOL PROJECTS MUST MEET ENVIRONMENTAL STANDARDS SET FORTH BY THE U.S. GREEN BUILDING COUNCIL, TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ADMINISTER THE ACT, AND TO PROVIDE THAT THE BUDGET AND CONTROL BOARD SHALL REPORT TO THE GENERAL ASSEMBLY THE EFFECTS OF THE ARTICLE.

On motion of Senator COURSON, with unanimous consent, the name of Senator COURSON was removed as a co-sponsor of S. 362.

S. 376 (Word version) -- Senators Ritchie, McConnell, Courson, Leventis, Martin, Hayes, Gregory, Richardson, Malloy, Sheheen, Campsen, Cleary and Alexander: A BILL TO AMEND CHAPTER 52, TITLE 48 OF THE 1976 CODE BY ENACTING THE "ENERGY INDEPENDENCE AND SUSTAINABLE CONSTRUCTION ACT OF 2007", TO PROVIDE THAT ALL STATE-FUNDED MAJOR FACILITY PROJECTS MUST MEET ENVIRONMENTAL STANDARDS SET FORTH BY THE U.S. GREEN BUILDING COUNCIL, TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ADMINISTER THE ARTICLE, AND TO PROVIDE THAT THE BUDGET AND CONTROL BOARD SHALL REPORT TO THE GENERAL ASSEMBLY THE EFFECTS OF THE ARTICLE.

On motion of Senator COURSON, with unanimous consent, the name of Senator COURSON was removed as a co-sponsor of S. 376
.

S. 377 (Word version) -- Senators Ritchie, McConnell, Courson, Leventis, Martin, Hayes, Gregory, Richardson, Malloy, Sheheen, Campsen, Cleary, Setzler and Alexander: A BILL TO AMEND CHAPTER 52, TITLE 48 OF THE 1976 CODE BY ENACTING THE "ENERGY INDEPENDENCE AND SUSTAINABLE INVESTMENT ACT OF 2007" TO PROVIDE THAT A RESIDENT TAXPAYER WHO CONSTRUCTS A COMMERCIAL BUILDING THAT MEETS THE STANDARDS SET FORTH BY THE U.S. GREEN BUILDING COUNCIL SHALL RECEIVE A TAX CREDIT, TO PROVIDE THAT A TAXPAYER WHO APPLIES FOR THE TAX CREDIT MAY PARTICIPATE IN AN EXPEDITED PERMIT PROCESS UPON THE POSTING OF AN ENVIRONMENTAL PERFORMANCE BOND, TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ADMINISTER THE ARTICLE, AND TO PROVIDE THAT ANNUALLY THE GENERAL ASSEMBLY SHALL HONOR NOT MORE THAN FIVE TAXPAYERS WHO PROMOTE EFFECTIVE ENERGY AND ENVIRONMENTAL STANDARDS.

On motion of Senator COURSON, with unanimous consent, the name of Senator COURSON was removed as a co-sponsor of S. 377.

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

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

S. 323 (Word version) -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-87 SO AS TO PROVIDE THAT CERTAIN SPEECH-LANGUAGE PATHOLOGISTS WHO HAVE RECEIVED NATIONAL CERTIFICATION FROM THE AMERICAN SPEECH-LANGUAGE-HEARING ASSOCIATION AND WHO ARE EMPLOYED IN A SOUTH CAROLINA PUBLIC SCHOOL DISTRICT SHALL RECEIVE A YEARLY INCENTIVE FOR THE LIFE OF THE CERTIFICATION, AND TO PROVIDE THAT THESE INCENTIVES MUST BE PAID FROM FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY FOR THIS PURPOSE.

On motion of Senator SHEHEEN, with unanimous consent, the name of Senator SHEHEEN was added as a co-sponsor of S. 323.

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

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

S. 394 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES BIG SWAMP ALONG SOUTH CAROLINA HIGHWAY 51 IN FLORENCE COUNTY, NEAR THE TOWN OF PAMPLICO, THE "J. LAVERNE ARD BRIDGE", AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "J. LAVERNE ARD BRIDGE".

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

There was no objection and the Resolution was recalled from the Committee on Transportation.

Senator LEATHERMAN 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.

On motion of Senator LEATHERMAN, with unanimous consent, the Resolution was adopted and ordered sent to the House of Representatives.

S. 476 (Word version) -- Senators Cleary, Verdin, Ryberg, Fair, Mescher, Bryant, Ritchie, Scott and Martin: A SENATE RESOLUTION TO COMMEND TAIWAN ON ITS CONTRIBUTIONS TO THE GLOBAL ECONOMY, SUCH AS THE PROMOTION OF WORLD PEACE, LIBERTY, AND HUMAN RIGHTS, AND TO SUPPORT TAIWAN'S EFFORTS TO JOIN THE UNITED NATIONS, THE WORLD HEALTH ORGANIZATION, AND OTHER INTERNATIONAL ORGANIZATIONS.

Senator MESCHER asked unanimous consent to make a motion to recall the Resolution from the Committee on Labor, Commerce and Industry.

There was no objection.

The Resolution was recalled from the Committee on Labor, Commerce and Industry and ordered placed on the Calendar for consideration tomorrow.

S. 494 (Word version) -- Senator Pinckney: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF HIGHWAY 64 FROM THE INTERSECTION OF HIGHWAYS 64 AND 17 TO THE INTERSECTION OF HIGHWAYS 64 AND 17A, FROM JACKSONBORO TO WALTERBORO, IN HONOR OF ANNIE MAE KINSEY, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE INTERSECTION CONTAINING THE WORDS "ANNIE MAE KINSEY HIGHWAY".

Senator PINCKNEY 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.

S. 506 (Word version) -- Senators Williams and Elliott: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF HIGHWAY 76 IN MARION COUNTY BETWEEN MULLINS MOTORS AND THE CORNER OF MAIN STREET "SUPREME COURT JUSTICE, STATE SENATOR, JOHNNY H. WALLER HIGHWAY" AND ERECT APPROPRIATE MARKERS AND SIGNS ALONG THE PORTION OF HIGHWAY 76 THAT CONTAIN THE WORDS "SUPREME COURT JUSTICE, STATE SENATOR, JOHNNY H. WALLER HIGHWAY".

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

There was no objection.

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

The following were introduced:

S. 522 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION TO EXTEND THE SINCERE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MAJOR GENERAL CHARLES EDWARD MCCARTNEY, JR., COMMANDING GENERAL, 108TH DIVISION (INSTITUTIONAL TRAINING), ON THE OCCASION OF HIS RETIREMENT FROM MILITARY SERVICE ON MARCH 23, 2007.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 523 (Word version) -- Senators Thomas, Mescher, Verdin, Bryant and Malloy: A BILL TO AMEND SECTION 40-59-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES OF RESIDENTIAL BUILDERS AND RESIDENTIAL SPECIALTY CONTRACTORS, SO AS TO REVISE THE AMOUNT OF THE BOND REQUIRED OF A PERSON HOLDING THESE LICENSES.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 524 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 6-1-760 OF THE 1976 CODE, RELATING TO REVENUE BONDS, TO PROVIDE THAT THE PROCEEDS OF ACCOMMODATIONS FEES, HOSPITALITY FEES, AND STATE ACCOMMODATIONS FEES MAY BE PLEDGED AS SECURITY.
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Read the first time and referred to the Committee on Finance.

S. 525 (Word version) -- Senators Thomas, Mescher, Verdin, Bryant and Malloy: A BILL TO AMEND SECTION 40-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE LICENSURE AND REGULATION OF CONTRACTORS, SO AS TO REVISE EXISTING DEFINITIONS AND ADD NEW DEFINITIONS RELATING TO GENERAL AND MECHANICAL CONTRACTORS.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 526 (Word version) -- Senators Thomas, Mescher, Verdin, Bryant and Malloy: A BILL TO AMEND SECTION 40-11-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL PRACTICES AND PENALTIES IN REGARD TO CONTRACTORS, SO AS TO MAKE IT UNLAWFUL TO FALSELY AND DECEITFULLY OBTAIN MONEY OR OTHER THINGS OF VALUE FROM ANOTHER PERSON WITH INTENT TO DEFRAUD THAT PERSON WHEN OFFERING TO PERFORM SERVICES AS A CONTRACTOR AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 40-11-370, AS AMENDED, RELATING TO THE UNLAWFUL USE OF THE TERM "LICENSED CONTRACTOR", SO AS TO LIMIT THE AMOUNT OF THE CONTRACT PRICE A LICENSED CONTRACTOR MAY RECEIVE BEFORE CONSTRUCTION BEGINS AND TO PROVIDE EXCEPTIONS.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 527 (Word version) -- Senators Thomas, Mescher, Verdin, Bryant and Malloy: A BILL TO AMEND SECTION 40-59-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL PRACTICES AND PENALTIES IN REGARD TO RESIDENTIAL BUILDERS AND RESIDENTIAL SPECIALTY CONTRACTORS, SO AS TO MAKE IT UNLAWFUL TO FALSELY AND DECEITFULLY OBTAIN MONEY OR OTHER THING OF VALUE FROM ANOTHER PERSON WITH INTENT TO DEFRAUD THAT PERSON WHEN OFFERING TO PERFORM SERVICES AS A RESIDENTIAL BUILDER OR A RESIDENTIAL SPECIALTY CONTRACTOR AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 40-59-220, AS AMENDED, RELATING TO RESIDENTIAL BUILDERS AND RESIDENTIAL SPECIALTY CONTRACTORS, SO AS TO LIMIT THE AMOUNT OF THE CONTRACT PRICE A LICENSED RESIDENTIAL BUILDER OR RESIDENTIAL SPECIALTY CONTRACTOR MAY RECEIVE BEFORE CONSTRUCTION BEGINS.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 528 (Word version) -- Senators Cromer, Bryant, Reese, Peeler, Malloy, Leatherman, Ford, Cleary, McConnell, Williams, Hutto, Hayes, Fair, Moore, Anderson, Scott, Jackson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 117, TITLE 44 TO ENACT THE "SOUTH CAROLINA ELECTRONIC TRANSMISSION PRESCRIPTION ACT" SO AS TO ESTABLISH THE REQUIREMENTS FOR TRANSMITTING A PRESCRIPTION ELECTRONICALLY, TO PROVIDE PROCEDURES FOR MAINTAINING THE CONFIDENTIALITY OF INFORMATION IN THE ELECTRONIC TRANSMISSION OF PRESCRIPTIONS, TO PROVIDE SANCTIONS THAT MAY BE IMPOSED BY THE BOARD OF PHARMACY FOR FAILING TO MAINTAIN CONFIDENTIALITY, AND TO PROHIBIT A PHARMACIST OR PHARMACY FROM PROVIDING ELECTRONIC DEVICES TO PRACTITIONERS OR FACILITIES AS AN INCENTIVE TO REFER PATIENTS TO THAT PHARMACIST OR PHARMACY; TO DESIGNATE SECTIONS 44-117-10 THROUGH 44-117-50 AS ARTICLE 1 OF CHAPTER 117, TITLE 44, ENTITLED "PRESCRIPTION INFORMATION PRIVACY ACT"; AND TO RENAME CHAPTER 117 OF TITLE 44, "PRESCRIPTION INFORMATION AND TRANSMISSION".
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Read the first time and referred to the Committee on Medical Affairs.

S. 529 (Word version) -- Senators Gregory, Ford and Campsen: A JOINT RESOLUTION TO EXTEND UNTIL MARCH 30, 2007, THE TIME IN WHICH THE EMINENT DOMAIN STUDY COMMITTEE, ESTABLISHED TO FORMULATE RECOMMENDATIONS CONCERNING THE CONDEMNATION AUTHORITY OF ALL ENTITIES THAT POSSESS THE POWER OF EMINENT DOMAIN IN SOUTH CAROLINA, THE EFFECT OF GOVERNMENTAL POLICY ON THE VALUE AND OWNERSHIP OF PRIVATE PROPERTY, AND THE NEED FOR REVISION OF CURRENT SLUM CLEARANCE AND REDEVELOPMENT USES OF EMINENT DOMAIN IN SOUTH CAROLINA, HAS TO PRESENT ITS REPORT AND RECOMMENDATIONS TO THE CHAIRMAN OF THE SENATE JUDICIARY COMMITTEE, THE CHAIRMAN OF THE HOUSE JUDICIARY COMMITTEE, AND THE GOVERNOR.
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Read the first time and, on motion of Senator CAMPSEN, with unanimous consent, S. 529 was ordered placed on the Calendar without reference.

S. 530 (Word version) -- Senator Leatherman: A BILL TO ENACT THE PROVISO CODIFICATION ACT OF 2007, TO PROVIDE FOR THE CODIFICATION IN THE SOUTH CAROLINA CODE OF LAWS OF CERTAIN PROVISOS CONTAINED IN THE ANNUAL GENERAL APPROPRIATIONS ACT, AND TO PROVIDE FOR OTHER PROVISIONS RELATED TO THE ANNUAL GENERAL APPROPRIATIONS ACT EFFECTIVE FOR FISCAL YEAR 2007-2008 ONLY.
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Read the first time and, on motion of Senator LEATHERMAN, with unanimous consent, S. 530 was ordered placed on the Calendar without reference.

H. 3032 (Word version) -- Reps. Viers and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO CREATE A STUDY COMMITTEE TO STUDY APPROPRIATE ENFORCEMENT OF FEDERAL AND STATE LAWS RELATING TO THE PRESENCE OF ILLEGAL ALIENS IN THIS STATE AND TO RECOMMEND LEGISLATIVE CHANGES AS APPROPRIATE.

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

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.

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

H. 3406 (Word version) -- Reps. Sellers, Govan and Ott: A BILL 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 SPECIALTY HOSPITALS UNDER CONTRACT WITH THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES.

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

H. 3481 (Word version) -- Reps. Cato, G. Brown, Cobb-Hunter, Cooper, Dantzler, Haley, Huggins, Leach, Owens, Skelton, G. M. Smith and Witherspoon: A BILL TO AMEND SECTION 40-10-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHOM THE PROVISIONS OF CHAPTER 10, TITLE 40, REGULATING FIRE SPRINKLER CONTRACTORS, DO NOT APPLY, SO AS TO PROVIDE THAT CHAPTER 10 DOES NOT APPLY TO PERSONS WHO ARE EMPLOYED BY PUBLIC INSTITUTIONS TO REPAIR, ALTER, MAINTAIN, OR INSPECT FIRE SPRINKLER SYSTEMS.

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

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.

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

H. 3518 (Word version) -- Reps. Neilson, Lucas and Vick: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 102 IN CHESTERFIELD COUNTY FROM ITS INTERSECTION WITH THE CHESTERFIELD COUNTY/DARLINGTON COUNTY LINE TO ITS INTERSECTION WITH CHESTERFIELD COUNTY ROAD S1380 "JAMES THOMAS 'TOM' TEAL ROAD" AS A LASTING TRIBUTE TO THE HONORABLE JAMES THOMAS 'TOM' TEAL WHO SERVED AS CHESTERFIELD COUNTY MAGISTRATE FROM 1964 TO 1994, AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "JAMES THOMAS 'TOM' TEAL ROAD".

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

H. 3552 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 57 IN DILLON COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 9 IN THE TOWN OF LITTLE ROCK TO ITS INTERSECTION WITH SECONDARY HIGHWAY S-17-192 "REPRESENTATIVE JEWELL P. MCLAURIN, JR. HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "REPRESENTATIVE JEWELL P. MCLAURIN, JR. HIGHWAY".

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

H. 3566 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OCCUPATIONAL SAFETY AND HEALTH, RELATING TO REPORTING FATALITIES AND MULTIPLE HOSPITALIZATION INCIDENTS TO OSHA, DESIGNATED AS REGULATION DOCUMENT NUMBER 3105, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3596 (Word version) -- Reps. Talley, W. D. Smith, Davenport, F. N. Smith, Duncan, Leach, Bedingfield, Cato, Walker, Taylor, E. H. Pitts, Harrison, Anthony, Bannister, Haskins, Kelly, Littlejohn, Loftis, Mahaffey, Pinson, Shoopman and G. R. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE THE SELFLESSNESS AND BRAVERY OF THE UNITED STATES ARMED FORCES AND TO URGE THE SOUTH CAROLINA GENERAL ASSEMBLY AND ALL SOUTH CAROLINIANS TO SUPPORT OUR TROOPS AND OUR NATION'S LEADERSHIP IN THE WAR ON TERROR.

The Concurrent Resolution was introduced and referred to the General Committee.

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

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

S. 71 (Word version) -- Senators Ryberg, Bryant, Cromer, Richardson, Fair and Ford: A BILL TO AMEND SECTION 44-76-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNITY FROM CIVIL LIABILITY FOR PERSONS ADMINISTERING, USING, ACQUIRING, OR PRESCRIBING AN AUTOMATED EXTERNAL DEFIBRILLATOR (AED), TO PROVIDE SUCH IMMUNITY FOR PERSONS PROVIDING TRAINING FOR CARDIOPULMONARY RESUSCITATION THAT INCLUDES TRAINING IN THE USE OF AN AED.

S. 95 (Word version) -- Senators Cleary and Ford: A BILL TO AMEND SECTION 40-15-172 OF THE 1976 CODE, RELATING TO MOBILE DENTAL FACILITIES, TO PROVIDE THAT A REGISTRANT MUST KEEP RECORDS AT A CENTRAL OFFICE LOCATION OR AT THE PORTABLE DENTAL OPERATION, AND TO PROVIDE THAT IN THE INSTANCE OF A FEE FOR SERVICE PATIENT, THE REGISTRANT MUST PROVIDE THE PATIENT WITH A DESCRIPTION OF THE FEES ASSOCIATED WITH THE TREATMENT.

S. 121 (Word version) -- Senators Malloy, McConnell, Richardson, Mescher and Knotts: A BILL TO AMEND SECTION 59-150-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION LOTTERY ACT, TO PERMIT THE SALE OF LOTTERY TICKETS ON GENERAL OR PRIMARY ELECTION DAYS.

H. 3209 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND ACT 456 OF 2006, RELATING TO THE CREATION, MEMBERS, AND DUTIES OF THE CHRONIC KIDNEY DISEASE TASK FORCE, SO AS TO PROVIDE THAT THE TASK FORCE SHALL SUBMIT ITS REPORT BEFORE APRIL 1, 2007.

S. 517 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO PUBLIC SWIMMING POOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3055, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator FAIR explained the Joint Resolution.

S. 519 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO AIR POLLUTION CONTROL REGULATIONS AND STANDARDS, AND THE SOUTH CAROLINA AIR QUALITY IMPLEMENTATION PLAN (SIP), DESIGNATED AS REGULATION DOCUMENT NUMBER 3083, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator FAIR explained the Joint Resolution.

S. 520 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SEPTIC TANK SITE EVALUATION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3084, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator FAIR explained the Joint Resolution.

S. 217 (Word version) -- Senators Courson, Hayes, Vaughn, Campsen, Knotts, Setzler and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 59, TO ESTABLISH THE SOUTH CAROLINA VIRTUAL CHARTER SCHOOL DISTRICT, PROVIDE THAT IT MUST BE GOVERNED BY A BOARD OF TRUSTEES, PROVIDE ITS POWERS AND DUTIES, PROVIDE FOR THE STUDENTS' SUPERVISION AND THE STUDENTS' DUTIES, PROVIDE FOR THE DISTRICT'S TEACHERS AND FUNDING, PROVIDE A TAX CREDIT FOR AN INDIVIDUAL OR A CORPORATION THAT MAKES A DONATION TO THE DISTRICT, PROVIDE THAT THE DISTRICT MAY NOT LEVY ADDITIONAL TAXES OR ISSUE BONDS WITHOUT THE APPROVAL OF THE GENERAL ASSEMBLY, AND PROVIDE THAT THE BOARD OF TRUSTEES OF THE DISTRICT MAY PROMULGATE REGULATIONS.

On motion of Senator COURSON, with unanimous consent, the Bill was recommitted to the Committee on Education.

The following Bills and Joint Resolution were carried over:

S. 103 (Word version) -- Senators Jackson, Lourie, Gregory, Fair and Ford: A BILL TO AMEND SECTION 44-95-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLEAN INDOOR AIR ACT, INCLUDING EXCEPTIONS TO PLACES WHERE SMOKING IS PROHIBITED, SO AS TO DELETE PROVISIONS ALLOWING SMOKING IN CERTAIN PRIVATE OFFICES AND TEACHER LOUNGES AT SCHOOLS; AND BY ADDING SECTION 59-1-485 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO SMOKE OR POSSESS LIGHTED SMOKING MATERIAL IN OUTDOOR AREAS OF PUBLIC SCHOOLS AND PRESCHOOLS AND TO PROVIDE A PENALTY.

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

S. 321 (Word version) -- Senator Alexander: A BILL 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.

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

S. 516 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO AIR POLLUTION CONTROL REGULATIONS AND STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3069, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator FAIR explained the Resolution.

On motion of Senator FAIR, the Joint Resolution was carried over.

H. 3097 (Word version) -- Reps. Rice, Walker, G.R. Smith, Shoopman, Cobb-Hunter, Mahaffey, Cotty, Owens, D.C. Smith, Bedingfield, Bales and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 59 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL ESTABLISH THE SOUTH CAROLINA VIRTUAL SCHOOL PROGRAM, PROVIDE REQUIREMENTS FOR THE VIRTUAL SCHOOL PROGRAM, PROVIDE FOR COURSES OFFERED FOR CERTAIN CREDIT, PROVIDE FOR THE VIRTUAL SCHOOL PROGRAM'S TEACHERS, PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL PROMULGATE REGULATIONS, PROVIDE FOR A STUDY TO DETERMINE THE FEASIBILITY OF PROVIDING THE VIRTUAL SCHOOL PROGRAM TO STUDENTS ENROLLED IN ADULT EDUCATION PROGRAMS, PROVIDE FOR AN ANNUAL REPORT TO THE GENERAL ASSEMBLY, AND PROVIDE FOR AN ON-LINE PROGRAM IN A CHARTER SCHOOL; AND BY ADDING SECTION 59-40-65 SO AS TO PROVIDE THAT CERTAIN INFORMATION MUST BE INCLUDED IN THE CHARTER SCHOOL APPLICATION IF A CHARTER SCHOOL OFFERS A PROGRAM OF ON-LINE INSTRUCTION AND PROVIDE THAT CHARTER SCHOOL STUDENTS MAY ENROLL IN THE VIRTUAL SCHOOL PROGRAM PURSUANT TO PROGRAM REQUIREMENTS.

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

Senate Education Committee proposed the following amendment (GJK\20168SD07), which was adopted:

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

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

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

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

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

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

Section 59-16-15.   (A)   The State Board of Education is authorized to establish the South Carolina Virtual School Program to provide South Carolina students access to distance, online, or virtual learning courses offered for an initial unit of credit. The South Carolina Virtual School Program shall offer access to credit recovery programs for students who have been identified by a school district as not having received credit for a course previously taken or for students who have been identified by a school district as not likely to receive credit for a course in which the student is currently enrolled. Students may enroll in a course for credit recovery based on policies established by the State Board of Education. The South Carolina Virtual School Program shall not award a South Carolina High School diploma.

(B)   Any public, private, or home school student residing in South Carolina who is twenty-one years of age or younger shall be eligible to enroll in the South Carolina Virtual School Program. However, public school students shall be given enrollment priority. A private school or home school student enrolled in the South Carolina Virtual School Program shall not be entitled to any rights, privileges, courses, activities, or services available to a public school student other than receiving an appropriate unit of credit for a completed course. No state funds are to be provided in support of any private or home school student enrolled in the Virtual Schools Program.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(10)   student expectations.

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

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

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

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

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

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

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

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

(7)   expenditures made for the virtual school; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the committee amendment.

The committee amendment was adopted.

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

On motion of Senator SETZLER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Thadeous Herbert Westbrook, Jr. of Cayce, S.C. Mr. Westbrook was a decorated veteran of WWII and a loving husband, father, grandfather and great-grandfather.

At 12:34 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.

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