Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Almighty God, our Companion and Counsellor, guide and sustain us with Your infinite and infallible wisdom as we do the business of this day. Show us how to detect and defeat those attacks that daily seek to shatter our faith and would fill us with fear and despair. Make of us citadels of strength even when assailed by problems and perplexities. Inspire us to bring to You in complete confidence those haunting problems which we cannot solve, those bitter sorrows that cry out for divine consolation, and our sin-stained hearts which You alone can cleanse.
Hear us in Your mercy and compassion. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. R. YOUNG moved that when the House adjourns, it adjourn in memory of Mrs. Sherry Hicks McCrackin Green and Joseph Lewis Green, which was agreed to.
The following was received.
Columbia, S.C., May 19, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it recedes from its amendments to H. 3903, and requests that proper notation be recorded on the Joint Resolution.
H. 3903 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, RELATING TO LICENSING OF NURSING HOME AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1620, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Very respectfully,
President
No. 080
A message having been received from the Senate that it had receded from its amendments, it was ordered that the title of the Joint Resolution be changed to that of an Act and that the Act be enrolled for ratification.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3744 -- Rep. McElveen: A BILL TO AMEND SECTIONS 8-13-1300 AND 8-13-1314, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING CAMPAIGN PRACTICES AND CAMPAIGN CONTRIBUTION LIMITS AND RESTRICTIONS, SO AS TO PROHIBIT A CANDIDATE OR ANYONE ACTING ON HIS BEHALF FROM SOLICITING OR ACCEPTING A CONTRIBUTION FROM A BANK, CORPORATION, PARTNERSHIP, FIRM, OR NONCANDIDATE COMMITTEE, AS DEFINED IN SECTION 8-13-1300, AND TO AMEND ARTICLE 10, CHAPTER 7, TITLE 12 OF THE 1976 CODE BY ADDING SECTION 12-7-1213, SO AS PROVIDE A TAX CREDIT OF TWENTY-FIVE DOLLARS TO INDIVIDUALS FOR POLITICAL CONTRIBUTIONS.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 235 -- Senators McConnell, Land, Saleeby, Leatherman, Holland, J. Verne Smith, Courson, Mitchell, Hayes, Martin, Russell, Ford, Courtney, Wilson, Passailaigue, Greg Smith, Washington, Jackson, Thomas, Matthews, Glover, Drummond, Ryberg, Cork, Reese, Mescher, Short and Lander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-100 SO AS TO PROVIDE PROTECTION FROM COMPELLED TESTIMONY IN A PROCEEDING TO A PERSON ENGAGED IN GATHERING AND DISSEMINATING NEWS AND TO PROVIDE EXCEPTIONS.
Ordered for consideration tomorrow.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3677 -- Reps. Jaskwhich, Hodges, Meacham and Barber: A BILL TO AMEND TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, BY ADDING CHAPTER 20 SO AS TO ENACT THE RAILROAD PRESERVATION AND REVITALIZATION ACT.
Ordered for consideration tomorrow.
On motion of Rep. STODDARD, with unanimous consent, the following was taken up for immediate consideration:
S. 775 -- Senators Wilson, Macaulay, Giese, Glover and Rankin: A CONCURRENT RESOLUTION TO FIX 12:00 O'CLOCK NOON, ON WEDNESDAY, JUNE 2, 1993, AS THE TIME FOR THE INITIAL ELECTION OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY AND TO FILL VACANCIES CREATED BY THE EXPIRATION OF TERMS BY ELECTING A MEMBER OF THE BOARD OF VISITORS OF THE CITADEL, SIX MEMBERS OF THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY, AND THREE MEMBERS OF THE BOARD OF TRUSTEES OF THE WIL LOU GRAY OPPORTUNITY SCHOOL.
Be it resolved by the Senate, the House of Representatives concurring:
That the Senate and the House of Representatives meet in joint session in the Hall of the House of Representatives at 12:00 o'clock noon on Wednesday, June 2, 1993, for the purpose of the initial election of members of the board of Coastal Carolina University and to fill vacancies created by the expiration of terms by electing a member of the board of visitors of The Citadel, six members of the board of trustees of South Carolina State University, and three members of the board of trustees of the Wil Lou Gray Opportunity School.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4215 -- Rep. Jaskwhich: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-221 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL ESTABLISH AN "EXPERT IN RESIDENCE" PROGRAM IN THE PUBLIC SCHOOLS IN WHICH EXPERTS IN PARTICULAR DISCIPLINES ARE ENGAGED ON A SHORT-TERM BASIS TO INSTRUCT STUDENTS IN THESE DISCIPLINES.
Referred to Committee on Education and Public Works.
H. 4216 -- Rep. Davenport: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS THEY PERTAIN TO DAY CARE CENTERS ARE SUSPENDED FROM TAKING EFFECT IN SPARTANBURG COUNTY UNTIL JULY 1, 1994.
Referred to Spartanburg Delegation.
H. 4217 -- Reps. Hallman, Inabinett, Barber, Harrell, Fulmer, Whipper, Waites, Shissias, A. Young, Breeland, J. Bailey, Gonzales and Hutson: A BILL TO AMEND SECTION 11-35-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE THE EXEMPTION OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY; AND TO AMEND THE CODE BY ADDING SECTION 58-31-55 SO AS TO PROVIDE THAT THE PUBLIC SERVICE AUTHORITY IS SUBJECT TO THE PROVISIONS OF THE CONSOLIDATED PROCUREMENT CODE IN THE ACQUISITION AND SALE OF GOODS AND SERVICES.
Referred to Committee on Judiciary.
H. 4218 -- Rep. Farr: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION FOR UNION COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR UNION COUNTY, AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE UNION COUNTY ELECTION COMMISSION AND THE UNION COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW UNION COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.
On motion of Rep. FARR, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4219 -- Rep. Farr: A BILL TO DECREASE THE MEMBERSHIP OF THE UNION COUNTY DEPARTMENT OF SOCIAL SERVICES BOARD FROM NINE TO THREE MEMBERS.
On motion of Rep. FARR, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4220 -- Rep. Rudnick: A JOINT RESOLUTION TO AUTHORIZE THE AIKEN COUNTY SCHOOL DISTRICT TO INCREASE THE TAX MILLAGE LEVY OVER THE PREVIOUS YEAR BY 8.1 MILLS FOR 1993-94 ONLY.
Rep. RUDNICK asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. R. SMITH objected.
Referred to Committee on Education and Public Works.
H. 4221 -- Rep. Jaskwhich: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ADOPT BIOREMEDIATION AS AN ACCEPTABLE TECHNOLOGY FOR TREATING APPROPRIATE HAZARDOUS WASTE, TO AUTHORIZE AND REQUIRE ITS USE ON AT LEAST TWENTY-FIVE PERCENT OF ITS SITES BY JANUARY 1, 1994; TO REQUIRE THE DEPARTMENT TO REVIEW ITS STATUTORY AND REGULATORY LAW AND MAKE CHANGES NECESSARY TO FACILITATE THE USE OF BIOREMEDIATION, AND TO DIRECT THE DEPARTMENT TO DO A COST ANALYSIS AND TO EVALUATE THE EFFECTIVENESS OF USING THIS TECHNOLOGY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 497 -- Senator Bryan: A BILL TO AMEND SECTION 8-21-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PROBATE COURT FEES AND COSTS, SO AS TO REVISE THESE FEES AND COSTS; TO AMEND SECTION 8-21-790, RELATING TO FEES FOR SETTLEMENT OF ESTATES, SO AS TO DELETE LANGUAGE AUTHORIZING THE TAX COMMISSION TO RETAIN CERTAIN OF THESE FEES; TO AMEND SECTION 20-1-230, RELATING TO THE ISSUANCE OF MARRIAGE LICENSES, SO AS TO REVISE A REFERENCE TO THE FEE FOR MARRIAGE LICENSES; AND TO REPEAL SECTION 8-21-780, RELATING TO FEES OF THE PROBATE COURT FOR PROVIDING COPIES OF CERTAIN STATEMENTS, AND SECTION 15-37-70, RELATING TO COSTS AND EXPENSES OF ADMINISTRATION AND SETTLEMENT OF SMALL ESTATES.
Referred to Committee on Ways and Means.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Baker Barber Baxley Beatty Breeland Brown, G. Brown, H. Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Cromer Davenport Delleney Fair Farr Felder Fulmer Gamble Gonzales Graham Hallman Harrell Harris, J. Harris, P. Harwell Haskins Hines Hodges Holt Houck Huff Jaskwhich Keegan Kelley Kennedy Kinon Kirsh Klauber Lanford Littlejohn Marchbanks Mattos McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neilson Phillips Richardson Robinson Rogers Rudnick Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Thomas Townsend Tucker Waites Waldrop Walker Wells Whipper White Wilder, D. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Thursday, May 20.
John L. Scott, Jr. James J. Bailey Teddy N. Trotter Harry R. Askins Curtis B. Inabinett George H. Bailey John W. Riser Lewis R. Vaughn James N. Law Charles R. Sharpe E.B. McLeod, Jr. James P. Harrelson William D. Boan James H. Harrison Joseph H. Neal Jerry N. Govan, Jr. Joe E. Brown Heyward G. Hutson Douglas Jennings, Jr. William D. Keyserling Larry L. Koon Roland S. Corning C. Lenoir Sturkie Joseph T. McElveen, Jr. Joseph B. Wilder Thomas N. Rhoad Ralph W. Canty C. Alex Harvin, III
STATEMENT OF ATTENDANCE
Rep. FELDER signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, May 19.
Reps. G. BAILEY and A. YOUNG presented the Dorchester Academy Lady Raiders Softball Team and their coaches and congratulated them for being the winner of the 1993 SCTSAA-AA State Championship.
The following Bill was taken up.
H. 4198 -- Rep. Baxley: A BILL TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO REVISE THE DATE ON THE MAP WHICH DEFINES THE LINES OF THESE VOTING PRECINCTS.
Rep. BAXLEY, with unanimous consent, proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4755AL.93), which was adopted.
Amend the bill, as and if amended, Section 7-7-210 as contained in SECTION 1, by striking the last paragraph of the section and inserting:
/The precinct lines defining the above precincts are as shown on maps dated April 27, 1992, map document P-3193 and filed with the Clerk of Court of the county and also on file with the State Election Commission as provided and maintained by the Division of Research and Statistical Services of the State Budget and Control Board. The Hartsville No. 9 precinct must be operated in all elections in the same manner that the other precincts of the county are operated in these elections./
Amend title to conform.
The Bill, as amended, was read the third time, and ordered sent to the Senate.
The following Bills and Joint Resolutions were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 769 -- Senator Martin: A BILL TO AMEND SECTION 7-7-450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN PICKENS COUNTY, SO AS TO REDESIGNATE THE PRECINCTS.
S. 580 -- Senator Williams: A BILL TO AMEND SECTION 7-17-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTION PROTESTS AND CONTESTS, SO AS TO PROVIDE THAT A PROTEST OR CONTEST MUST BE FILED IN WRITING WITH THE CHAIRMAN OF THE COUNTY BOARD OF CANVASSERS BY NOON WEDNESDAY FOLLOWING THE DATE OF THE DECLARATION BY THE BOARD OF THE RESULTS OF THE ELECTION; TO AMEND SECTION 7-17-50, RELATING TO HEARINGS ON PROTESTS OR CONTESTS, SO AS TO PROVIDE THAT THE BOARD SHALL HEAR A PROTEST OR CONTEST ON MONDAY NEXT FOLLOWING THE DEADLINE FOR FILING THE PROTEST OR CONTEST; TO AMEND SECTION 7-17-70, RELATING TO THE HEARING OF APPEALS, SO AS TO PROVIDE THAT THE BOARD OF STATE CANVASSERS SHALL MEET TO HEAR APPEALS NO LATER THAN NOON MONDAY NEXT FOLLOWING THE FILING OF ANY NOTICE; TO AMEND SECTION 7-17-260, RELATING TO PROTESTED OR CONTESTED CASES DECIDED BY THE BOARD OF STATE CANVASSERS, SO AS TO PROVIDE THAT THE STATE BOARD SHALL DECIDE ALL CASES UNDER PROTEST OR CONTEST THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE SENATE AND THE STATE HOUSE OF REPRESENTATIVES; AND TO AMEND 7-17-270, RELATING TO THE HEARING OF PROTESTS OR CONTESTS, SO AS TO PROVIDE THAT THE BOARD SHALL HEAR A PROTEST OR CONTEST NOT LATER THAN THE TWENTY-FIFTH DAY FOLLOWING RECEIPT OF THE PROTEST.
S. 170 -- Senators Giese and Rose: A BILL TO AMEND SECTION 40-43-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PRESCRIPTION DRUGS, SO AS TO ALSO REQUIRE A PRESCRIPTION FOR THE SALE OF CERTAIN DEVICES USED IN DIAGNOSIS AND TREATMENT AND TO PROVIDE REQUIREMENTS FOR AN EMERGENCY REFILL OF A PRESCRIPTION DRUG.
S. 348 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-45-215 SO AS TO AUTHORIZE THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS TO IMPOSE A CIVIL PENALTY FOR VIOLATIONS; TO AMEND SECTION 40-45-30, RELATING TO THE STATE BOARD, SO AS TO AUTHORIZE THE BOARD TO PROMULGATE REGULATIONS REGULATING THE PRACTICE OF PHYSICAL THERAPY, QUALIFICATIONS FOR REGISTERING, ESTABLISHING A CODE OF ETHICS, AND FIXING FEES; TO AMEND SECTION 40-45-200, RELATING TO GROUNDS FOR REFUSAL, SUSPENSION, OR REVOCATION OF REGISTRATION OF PHYSICAL THERAPISTS, SO AS TO PROVIDE ADDITIONAL GROUNDS; AND TO AMEND SECTION 40-45-250, AS AMENDED, RELATING TO INVESTIGATIONS AND PROSECUTIONS OF PERSONS VIOLATING THE PHYSICAL THERAPY PRACTICE ACT, SO AS TO AUTHORIZE THE BOARD TO SEEK INJUNCTIVE RELIEF; AND TO REPEAL SECTION 40-45-60, RELATING TO THE AUTHORITY OF THE BOARD TO ADOPT RULES.
S. 653 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY, RELATING TO CONTINUING EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1531, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 654 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO PHYSICIAN ASSISTANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1625, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4111 -- Reps. Harrell, Govan, Fulmer, Graham, H. Brown, Hutson, Marchbanks, Whipper, Kelley, Kirsh, Meacham, Hodges, D. Smith, Moody-Lawrence, Gonzales, Rogers, Waites, Quinn, Holt, Trotter, Breeland, Hallman, Simrill, Richardson, Felder, Stille, Wells, Phillips, Thomas, Elliott, McAbee, R. Young, Witherspoon, J. Bailey, Neal, Keegan, Inabinett, Wilkins, J. Wilder, Klauber, Law, Carnell, Worley, Beatty, Barber, Lanford, Clyborne, Haskins, McTeer, Allison, Tucker, Neilson, J. Brown and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-615 SO AS TO PROVIDE THAT IF A TOLL IS ADMINISTERED ON A PROJECT BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE TOLL MUST BE USED TO PAY FOR THAT PROJECT ONLY AND MUST BE REMOVED WHEN THE PROJECT IS PAID FOR.
H. 3531 -- Reps. Littlejohn, G. Bailey and Walker: A BILL TO AMEND CHAPTER 25, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 SO AS TO PROVIDE FOR SMOKE DETECTOR REQUIREMENTS IN RESIDENTIAL DWELLINGS, INCLUDING MANUFACTURED HOUSING, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
H. 3678 -- Reps. Houck, Cobb-Hunter, Haskins, Mattos, Scott, G. Brown, Neal, Chamblee, Elliott, Stuart, McLeod, M.O. Alexander, D. Wilder and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-175 SO AS TO REQUIRE HOSPITALS TO PROVIDE THE DIVISION OF RESEARCH AND STATISTICAL SERVICES CERTAIN FINANCIAL INFORMATION AND TO AUTHORIZE PENALTIES PURSUANT TO REGULATION.
H. 3975 -- Reps. Rogers and Waites: A BILL TO AMEND SECTION 24-13-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPERVISED FURLOUGH DURING THE LAST SIX MONTHS OF AN INMATE'S SENTENCE, SO AS PROVIDE THAT FURLOUGH DOES NOT APPLY TO VIOLENT OFFENDERS WHO QUALIFY UNDER THE RULES, REGULATIONS, CONDITIONS, AND ELIGIBILITY CRITERIA PROVIDED IN SECTION 24-13-710.
H. 3369 -- Reps. Fair, Jaskwhich, Wright, Allison, Byrd, Fulmer, Kelley, Kennedy, McMahand and Littlejohn: A BILL TO AMEND CHAPTER 32, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPREHENSIVE HEALTH EDUCATION PROGRAM, BY ADDING SECTION 59-32-1 SO AS TO ADD THE PURPOSE OF THE PROGRAM; AND TO AMEND SECTION 59-32-60, RELATING TO COMPLIANCE WITH CHAPTER 32, SO AS TO PROVIDE FOR ADDITIONAL DUTIES OF THE STATE DEPARTMENT OF EDUCATION.
Rep. FAIR explained the Bill.
H. 3839 -- Reps. Moody-Lawrence, R. Smith, McMahand, Inabinett, Hines, Kirsh, Simrill, Jaskwhich, Richardson, Cobb-Hunter, Neilson, McLeod, Stuart, Meacham, Thomas, Anderson, Neal, Breeland, Farr, Davenport, Holt, Littlejohn, Stille, Beatty, Byrd, Whipper, Rudnick, Wright and Harrell: A BILL TO AMEND SECTION 56-5-4580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL LIGHTING EQUIPMENT ON CERTAIN VEHICLES, SO AS TO PROVIDE THAT EVERY POLE TRUCK OR TRAILER MUST BE PAINTED WITH A STRIP OF LIGHT REFLECTING PAINT, TAPE, OR REFLECTORS ON THE EXTERNAL SIDES OF THE POLE SUPPORT FRAME OR BOLSTERS.
H. 3629 -- Rep. J. Bailey: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY CLASSIFICATION AND ASSESSMENT RATIOS FOR PURPOSES OF AD VALOREM TAXES, SO AS TO PROVIDE THAT THE FOUR PERCENT ASSESSMENT RATIO FOR OWNER OCCUPIED RESIDENTIAL REAL PROPERTY APPLIES WHEN THE REAL PROPERTY IS HELD IN TRUST AND THE TRUSTEE CERTIFIES TO THE ASSESSOR THAT THE RESIDENCE IS OCCUPIED BY THE INCOME BENEFICIARY OF THE TRUST.
H. 3907 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO CLARIFY THE RETIREMENT INCOME EXCLUSION FOR SURVIVING SPOUSES; TO AMEND SECTION 12-7-437, RELATING TO THE DEDUCTION FROM TAXABLE INCOME OF A PORTION OF NET LONG-TERM CAPITAL GAIN, SO AS TO PROVIDE THAT THE DEDUCTION APPLIES TO NET CAPITAL GAIN; TO AMEND SECTION 12-7-1120, RELATING TO ALLOCATION OF INCOME, SO AS TO CLARIFY THE ALLOCATION OF DIVIDENDS OF SUBCHAPTER S CORPORATIONS; TO AMEND SECTION 12-7-1260, RELATING TO THE EMPLOYER'S CAPITAL EXPENDITURE CHILD CARE CREDIT, SO AS TO LIMIT THE CREDIT TO EMPLOYERS OF SOUTH CAROLINA RESIDENTS AND TO CAPITAL EXPENDITURES MADE IN THIS STATE; TO AMEND SECTION 12-7-1640, AS AMENDED, RELATING TO THE TIME FOR FILING INCOME TAX RETURNS, SO AS TO PROVIDE THAT ANY TAX DUE MUST BE PAID AT THE TIME THE RETURN IS FILED WITHOUT REGARD TO ANY EXTENSION; AND TO AMEND SECTION 12-7-2419, RELATING TO THE ELDERCARE TRUST FUND CHECKOFF, SO AS TO CLARIFY THAT THE CHECKOFF APPLIES ONLY TO INDIVIDUAL INCOME TAX RETURNS.
H. 3909 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS CERTAIN PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
H. 3913 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF GROSS PROCEEDS OF SALES FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO PROVIDE THAT GROSS PROCEEDS DO NOT INCLUDE THAT PORTION OF A CHARGE SUBJECT TO AND USE TAX ATTRIBUTABLE TO THE COST SET BY STATUTE FOR A GOVERNMENTAL LICENSE OR PERMIT.
H. 3016 -- Reps. P. Harris, Waldrop, Neilson, Allison, J. Brown, Byrd, Canty, Carnell, Cobb-Hunter, Gamble, Harrison, Harvin, Jaskwhich, Keegan, Kennedy, Marchbanks, Mattos, McCraw, Phillips, Rhoad, Rudnick, Shissias, Tucker, Stille, Vaughn, Walker, Waites, Wells, Whipper, J. Wilder, Wilkins, Wilkes, Stoddard and Baxley: A BILL TO AMEND TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 35 SO AS TO ENACT THE OMNIBUS ADULT PROTECTION ACT; TO DEFINE TERMS; TO PROVIDE FOR THE DUTIES OF THE STATE DEPARTMENT OF SOCIAL SERVICES AND THE DIVISION OF OMBUDSMAN AND CITIZEN SERVICES, OFFICE OF THE GOVERNOR, RELATIVE TO ADULT ABUSE, NEGLECT, AND EXPLOITATION; TO DESIGNATE THOSE REQUIRED TO REPORT; TO ESTABLISH REPORTING AND INVESTIGATING PROCEDURES; TO PROVIDE FAMILY COURT PROCEDURES; TO ABROGATE THE HUSBAND-WIFE AND DOCTOR-PATIENT PRIVILEGE IN ADULT ABUSE CASES; TO PROVIDE FOR EMERGENCY REMOVAL OF AN ADULT; TO PROVIDE IMMUNITY FOR GOOD FAITH REPORTING; TO PROVIDE CIVIL AND CRIMINAL PENALTIES; TO CREATE THE ADULT PROTECTION COORDINATING COUNCIL AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES; TO AMEND SECTION 8-17-340, RELATING TO THE STATE EMPLOYEE GRIEVANCE COMMITTEE, SO AS TO REVISE THE STANDARD FOR REVIEWING A CASE INVOLVING ABUSE, NEGLECT, OR EXPLOITATION; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSES ADDED BY THIS ACT; AND TO REPEAL SECTION 23-1-220 AND CHAPTERS 29 AND 30 OF TITLE 43.
H. 3033 -- Reps. Cobb-Hunter, Whipper, Breeland, Inabinett, Waites, Neal, Haskins and Huff: A BILL TO AMEND SECTIONS 16-3-615 AND 16-3-659.1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOUSAL SEXUAL BATTERY, SO AS TO PROVIDE THAT PROVISIONS GOVERNING THE ADMISSIBILITY OF EVIDENCE CONCERNING A VICTIM'S SEXUAL CONDUCT APPLY IN SPOUSAL SEXUAL BATTERY.
H. 3802 -- Rep. Hodges: A BILL TO AMEND SECTIONS 14-25-95, 14-25-105, 18-3-10, 18-3-60, 18-3-70, AND 22-3-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CASES IN AND APPEALS FROM MAGISTRATES' COURTS AND MUNICIPAL COURTS, SO AS TO PROVIDE THAT THESE APPEALS MUST BE TO THE COURT OF COMMON PLEAS RATHER THAN TO THE COURT OF GENERAL SESSIONS.
H. 3927 -- Reps. J. Bailey and Waites: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-555 SO AS TO PROVIDE A STATUTE OF LIMITATIONS FOR ACTIONS BASED ON SEXUAL ABUSE OR INCEST OF TEN YEARS FROM THE TIME A PERSON BECOMES EIGHTEEN OR WITHIN FOUR YEARS OF DISCOVERING THE INJURY AND THE CAUSAL RELATIONSHIP BETWEEN THE INJURY AND THE ABUSE OR INCEST; TO PROVIDE THAT PARENTAL IMMUNITY IS NOT A DEFENSE; TO PROVIDE THAT A LAW SUIT BASED ON ABUSE OR INCEST PREVIOUSLY BROUGHT AND BARRED BY THE STATUTE OF LIMITATIONS MAY BE BROUGHT WITHIN FOUR YEARS OF THIS ACT'S EFFECTIVE DATE; AND TO PROVIDE SEVERABILITY PROVISIONS.
H. 3428 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE TAKING OF CERTAIN FISH AND CRUSTACEANS, SO AS TO REVISE THE RESTRICTIONS PERTAINING TO RED DRUM.
H. 3636 -- Reps. Baxley, Richardson, Keegan, Simrill, Robinson, R. Young, Barber, Byrd, Cato, Cobb-Hunter, Cromer, Davenport, Delleney, Fair, Graham, Harrison, Hines, Holt, Houck, Inabinett, Jaskwhich, Kelley, Keyserling, Littlejohn, Meacham, McElveen, McKay, Moody-Lawrence, Neilson, Riser, Shissias, D. Smith, Stille, Stone, Sturkie, Thomas, Tucker, Vaughn, Waites, Witherspoon, Wright, J. Bailey, Baker, Harwell, Huff, Haskins, Jennings, Quinn, Lanford, Snow, Wofford and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF LICENSE RENEWAL OF A RESIDENT OR NONRESIDENT REAL ESTATE BROKER OR SALESMAN AND TO PROVIDE FOR THE ADMINISTRATION OF THE CONTINUING EDUCATION PROGRAM AND TO AUTHORIZE THE REAL ESTATE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROGRAM.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 585 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-165 SO AS TO REQUIRE A FINGERPRINT REVIEW OF PERSONS APPLYING TO BECOME AN ADMINISTRATOR OF A HEALTH CARE FACILITY REQUIRED TO OBTAIN A CERTIFICATE OF NEED.
S. 329 -- Senators Setzler, Bryan, Moore, Washington, Matthews, Stilwell, Patterson, Land, Lander, Rankin, Martin, Giese and Short: A BILL TO ENACT THE EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE ACT OF 1993 BY AMENDING TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 139 SO AS TO PROVIDE FOR CERTAIN EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE; BY AMENDING SECTION 59-1-450, RELATING TO PARENT EDUCATION PROGRAMS, SO AS TO REVISE THE PROGRAMS AND THE MANNER IN WHICH THEY ARE ESTABLISHED AND FUNDED; TO AMEND SECTION 59-5-65, RELATING TO THE POWERS AND RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION, SO AS TO REVISE THESE POWERS AND RESPONSIBILITIES IN REGARD TO DEVELOPING CERTAIN ONE-HALF DAY EARLY CHILDHOOD DEVELOPMENT PROGRAMS FOR FOUR-YEAR-OLD CHILDREN, AND DELETE CERTAIN REQUIREMENTS PERTAINING TO COMPENSATORY AND REMEDIAL INSTRUCTION PROGRAMS; BY AMENDING SECTION 59-20-40, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS TO SCHOOL DISTRICTS, SO AS TO REVISE THE WEIGHTINGS USED FOR EARLY CHILDHOOD DEVELOPMENT AND ASSISTANCE, AND DELETE CERTAIN FUNDING REQUIREMENTS FOR COMPENSATORY AND REMEDIAL PROGRAMS; BY AMENDING SECTION 59-3-90, RELATING TO IN-SERVICE TRAINING PROGRAMS FOR TEACHERS, SO AS TO INCLUDE REFERENCES TO EARLY CHILDHOOD DEVELOPMENT AND ASSISTANCE TRAINING; BY AMENDING SECTION 59-19-340, RELATING TO CHILD DEVELOPMENT PROGRAMS FOR THREE AND FOUR-YEAR-OLD CHILDREN, SO AS TO FURTHER PROVIDE FOR THESE PROGRAMS; AND REPEALING SECTIONS 59-65-410 THROUGH 59-65-460, RELATING TO DROP-OUT PREVENTION AND RECOVERY PROGRAMS.
S. 352 -- Senators Washington, Jackson, Ford, Glover and Hayes: A BILL TO AMEND SECTION 59-65-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO MANDATORY ATTENDANCE REQUIREMENTS OF CHILDREN IN PUBLIC OR PRIVATE SCHOOLS, SO AS TO DELETE THE EXCEPTION OF A CHILD WHO IS MARRIED OR HAS BEEN MARRIED, AN UNMARRIED CHILD WHO IS PREGNANT, OR A CHILD WHO HAS HAD A CHILD OUTSIDE OF WEDLOCK.
The SPEAKER granted Rep. G. BROWN a leave of absence for the remainder of the day.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
H. 3955 -- Rep. D. Smith: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES AND COSTS COLLECTED IN EACH COUNTY, SO AS TO PROVIDE THAT THE FEE FOR EXPUNGING CRIMINAL RECORDS DOES NOT APPLY TO DEFENDANTS WHO HAVE SUCCESSFULLY COMPLETED A PRETRIAL INTERVENTION PROGRAM OR IN CASES WHERE THE UNDERLYING CHARGE IS DISMISSED, NOL PROSSED, OR WHERE THE DEFENDANT IS FOUND NOT GUILTY.
Rep. RUDNICK proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\WWW\30160DW.93), which was adopted.
Amend the Report of the Committee on Judiciary, as and if amended, page 3955-1, line 33, by striking /twenty-five dollars/ and inserting /thirty-five dollars/.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. MARTIN spoke in favor of the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. J. BAILEY moved to adjourn debate upon the following Bill until Thursday, May 27, which was adopted.
H. 3477 -- Rep. J. Bailey: A BILL TO AMEND SECTION 5 OF ACT 113 OF 1991, RELATING TO THE PROVISION THAT, FOR PURPOSES OF AUTOMOBILE INSURANCE, TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS AS USED IN SECTION 38-77-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, DO NOT INCLUDE PREMIUMS ATTRIBUTABLE TO RISKS CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY THAT DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT FOR TWENTY-FOUR MONTHS FOLLOWING THE EFFECTIVE DATE OF ACT 113 OF 1991, SO AS TO EXTEND THIS PERIOD FROM TWENTY-FOUR TO FORTY-EIGHT MONTHS.
The following Bill was taken up.
H. 3345 -- Reps. Jennings, Martin and Huff: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-285 SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL SUSPEND FOR NINETY DAYS THE DRIVER'S LICENSE OF ANY PERSON UNDER THE AGE OF TWENTY-ONE WHO IS DETERMINED TO HAVE A BLOOD ALCOHOL CONTENT OF FOUR ONE-HUNDREDTHS OF ONE PERCENT OR ABOVE WHEN OPERATING A MOTOR VEHICLE, TO PROVIDE THE PROCEDURES TO BE FOLLOWED FOR THIS SUSPENSION AND THAT IT IS IN ADDITION TO ANY OTHER PENALTIES IMPOSED BY LAW; TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-286 SO AS TO PROVIDE THAT THE DEPARTMENT SHALL SUSPEND FOR NINETY DAYS THE DRIVER'S LICENSE OF ANY PERSON TWENTY-ONE YEARS OF AGE OR OLDER WHO IS DETERMINED TO HAVE A BLOOD ALCOHOL CONTENT OF FIFTEEN ONE-HUNDREDTHS OF ONE PERCENT OR ABOVE WHEN OPERATING A MOTOR VEHICLE, TO PROVIDE THE PROCEDURES TO BE FOLLOWED FOR THIS SUSPENSION AND THAT IT IS IN ADDITION TO ANY OTHER PENALTIES IMPOSED BY LAW; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-2951 SO AS TO PROVIDE THAT A PERSON ARRESTED FOR CERTAIN VIOLATIONS OF LAW REGARDING THE CONSUMPTION OF ALCOHOL WHILE DRIVING A MOTOR VEHICLE MUST HAVE HIS CONDUCT VIDEOTAPED AT THE LOCATION HE IS TAKEN FOR PURPOSES OF ADMINISTERING A CHEMICAL TEST OF HIS BREATH, TO PROVIDE THE PROCEDURES WHICH MUST BE FOLLOWED FOR THIS VIDEOTAPING AND FOR THE FEE TO BE ASSESSED IN THESE CASES.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, May 18, by the Committee on Judiciary.
Rep. MARTIN explained the amendment.
Rep. KIRSH raised the Point of Order that H. 3345 was out of order as it called for a cost of several million dollars from the general fund and should have been referred to the Ways and Means Committee.
The SPEAKER stated, citing Rule 4.4, that it did impose a fee.
Rep. FAIR stated that to appropriate meant to tax and that this did not do that.
The SPEAKER stated that in compliance with Rule 4.4 the Bill should go to the Ways and Means Committee and he sustained the Point of Order and ordered the Bill referred to the Ways and Means Committee.
The following Joint Resolution was taken up.
H. 4129 -- Reps. Kirsh, Delleney, Meacham, McCraw, Moody-Lawrence, Simrill and Hodges: A JOINT RESOLUTION TO PROVIDE FOR PAYMENT OF THE CATAWBA INDIAN LAND SETTLEMENT CLAIM.
The Committee on Ways and Means proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7163BD.93), which was tabled.
Amend the resolution, as and if amended, by striking SECTION 1, beginning on line 18, and inserting:
/SECTION 1. There is transferred from the Insurance Reserve Fund twelve and one-half million dollars to the General Fund of the State for the current fiscal year which must be held by the State Treasurer in a special account and paid out in five annual installments to the Secretary of the United States Department of the Interior for the settlement of the Catawba Indian Land Claim. Interest earned on monies held in the special account is credited to the Insurance Reserve Fund. Each fiscal year for a total of five years beginning after the final payment of the settlement, two and one-half million dollars plus interest must be transferred from the General Fund to the Insurance Reserve Fund. The interest paid to the Insurance Reserve Fund must be charged from the date of the final payment of the settlement at a rate determined by the State Treasurer./
Amend title to conform.
Rep. KIRSH moved to table the amendment, which was agreed to.
Rep. KIRSH proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\7196BD.93), which was adopted.
Amend the resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. There is transferred from the Insurance Reserve Fund two and one-half million dollars to the General Fund of the State for the current fiscal year which must be held by the State Treasurer in a special account and paid to the Secretary of the United States Department of the Interior for a portion of the settlement of the Catawba Indian Land Claim. Interest earned on monies held in the special account is credited to the Insurance Reserve Fund. Each fiscal year for a total of five years beginning after the payment provided in this section, five hundred thousand dollars plus interest must be transferred from the general fund to the Insurance Reserve Fund. The interest paid to the Insurance Reserve Fund must be charged from the date of the payment provided in this section at a rate determined by the State Treasurer.
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
Rep. M.O. ALEXANDER moved to adjourn debate upon the following Bill until Thursday, May 27, which was adopted.
H. 3689 -- Reps. Wilkes, Wright, Sharpe, Harrison, Vaughn, Wells, R. Smith, Witherspoon, Littlejohn, Walker, Davenport, Fulmer, Riser, Jaskwhich, Clyborne and Stone: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS BY ADDING CHAPTER 68 SO AS TO REGULATE BUSINESSES THAT OFFER STAFF LEASING SERVICES; AND TO PROVIDE FOR LICENSING AND DISCIPLINARY ACTION.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3937 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-12 SO AS TO PROVIDE THAT UNIFORM TRAFFIC TICKETS MAY NOT BE USED FOR PARKING OFFENSES.
Rep. FAIR explained the Bill.
The following Bill was taken up.
S. 461 -- Senators Giese, Setzler, Rose, J. Verne Smith, Elliott, Short, Ford, Ryberg, Wilson, Peeler, Lander, Richter and Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 36 TO TITLE 59, SO AS TO PROVIDE FOR EARLY INTERVENTION PROGRAMS FOR PRESCHOOL-AGE CHILDREN WITH DISABILITIES AND TO REQUIRE THE JOINT COMMITTEE ON FORMULA FUNDING FOR EDUCATION TO MAKE RECOMMENDATIONS REGARDING THE DETERMINATION OF ANNUAL ALLOCATIONS AND WEIGHTINGS FOR CERTAIN ADDITIONAL WEIGHTINGS; TO ADD SECTION 59-33-110 SO AS TO PROVIDE FOR A MEDIATION PROCESS; TO AMEND SECTION 59-63-20, RELATING TO PUPILS AND AGE OF ATTENDANCE IN THE PUBLIC SCHOOLS, SO AS TO PROVIDE THAT THREE-YEAR-OLD, FOUR-YEAR-OLD, AND FIVE-YEAR-OLD CHILDREN WITH DISABILITIES ARE ELIGIBLE TO PARTICIPATE IN ANY PRESCHOOL PROGRAM RATHER THAN JUST IN EARLY INTERVENTION PROGRAMS.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11450AC.93), which was adopted.
Amend the bill, as and if amended, Section 59-36-50, by deleting on page 5, line 21 /education programming/ and inserting /a free appropriate public education consistent with Part B of the Individuals with Disabilities Education Act/ so that when amended Section 59-36-50 reads:
/Section 59-36-50. The board of trustees of each school district shall provide a free appropriate public education consistent with Part B of the Individuals with Disabilities Education Act for all preschool children with disabilities residing in the district. Working with other agencies, the districts may enter into agreements with other districts or agencies, public or private, which maintain approved special education programs or who operate noneducational programs in which special education programming or related services might be provided by the district. In order to facilitate the implementation of this responsibility, each district shall arrange transportation for all children enrolled in preschool programs for children with disabilities who require transportation.
Beginning on their third birthday, preschool children with disabilities meeting the placement criteria developed by the State Department of Education must have available a special education program, including related services, if needed. Local education agencies must evaluate a child in accordance with criteria established by the Department of Education and develop an individualized education program within timelines that allow placement to occur on the third birthday. Evaluations conducted by other professionals or agencies within the last six months may be accepted and used in developing the initial individualized education program so as to ensure a timely initiation of that program and to avoid overtesting of the child. When children turn three between the ending date of one school year and the beginning date of the subsequent school year, an evaluation must be conducted and an individualized education program must be developed within timelines that allow for placement to occur on the beginning date of the subsequent school year. However, if the individualized education plan team determines that there is a need for summer services, these services may be provided before the beginning of the school year. School districts must adhere to the policies and procedures established by the State Department of Education to ensure a smooth transition from the early intervention services provided to infants and toddlers under Section 44-7-2510, et seq. (BabyNet) to the district preschool program.
Early intervention service coordinators, parents of children with disabilities who are ready to enter preschool programming, or representatives of agencies or other entities providing services to a child with disabilities must notify a school district at least fourteen calendar days before a transition meeting. At least ninety days before the date on which a child becomes eligible for the preschool program, school district personnel must participate in a transition meeting requested by early intervention case managers, or representatives of agencies or other entities providing services to the child./
Amend further, Section 59-36-70(A), by inserting after /Children/ on page 7, line 6 /, the Senate Finance Committee, the House Ways and Means Committee/; on line 10 by inserting after /include/ /,/; on line 20 by striking /and/; and on line 25 by striking /./ and inserting /;/ so that when amended Section 59-36-70(A) reads:
/(A) With the assistance of staff provided by the Department of Education, the state advisory council shall submit annually by February first of each year a report to the Interagency Coordinating Council on P.L. 99-457, the Joint Legislative Committee on Children, the Senate Finance Committee, the House Ways and Means Committee, the Senate Education Committee, and the House Education and Public Works Committee, summarizing services provided for preschool children with disabilities and their families. The report must include, but is not limited to:
(1) State Department of Education initiatives relative to preschool programs for children with disabilities;
(2) data and program information collected from the local education agencies relative to the provision of special education and related services and on its child find activities;
(3) financial information pertaining to the implementation of the program;
(4) update on the policies and procedures governing the implementation of preschool programs for children with disabilities, including recommendations for improvement of the preschool program, if needed;
(5) information provided by the state agencies designated in Section 59-36-20 to the advisory council by December first of each year in a report which will include each agency's initiatives, data, financial information, and pertinent policies and procedures relative to programs for preschool children with disabilities, as well as recommendations for improving services for these children./
Amend title to conform.
Rep. PHILLIPS explained the amendment.
The amendment was then adopted.
Rep. McTEER proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\436\11463AC.93), which was adopted.
Amend the bill, as and if amended, Section 59-36-80, by adding at the end:
/The General Assembly shall determine annually in the general appropriations act the amount of funding necessary to carry out the provisions of this chapter./
Amend title to conform.
Rep. McTEER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that S. 461 be read the third time tomorrow.
Rep. KIRSH moved to adjourn debate upon the following Bill until Tuesday, May 25, which was adopted.
H. 3908 -- Rep. Kirsh: A BILL TO AMEND CHAPTER 4, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA TAX COMMISSION, BY ADDING ARTICLE 9 SO AS TO AUTHORIZE THE COMMISSION TO SEEK A DECLARATORY JUDGMENT TO DETERMINE THE CONSTITUTIONALITY OR LEGALITY OF A TAX LAW OR LAW PROVIDING FOR THE ADMINISTRATION OF TAXES, TO PROVIDE FOR THE CASE TO BE HEARD IN THE SUPREME COURT ON AN EXPEDITED BASIS, TO PROVIDE FOR THE APPLICATION OF TAX LAW SUBJECT TO THE ACTION, AND TO PROVIDE TAXPAYER REMEDIES.
Rep. KIRSH moved to adjourn debate upon the following Bill until Wednesday, June 2, which was adopted.
S. 608 -- Senators Hayes, Gregory, Peeler and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 27 SO AS TO IMPLEMENT THE SETTLEMENT OF CATAWBA INDIAN LAND AND OTHER CLAIMS IN SOUTH CAROLINA.
Rep. SHEHEEN moved to adjourn debate upon the following Bill until Tuesday, May 25, which was adopted.
S. 193 -- Senators Hayes, Stilwell, Waldrep, Wilson and Martin: A BILL TO AMEND CHAPTER 35, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENTS AND DECREES, BY ADDING ARTICLE 11 SO AS TO ENACT THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT; AND TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO FEES AND COSTS COLLECTED BY COUNTY OFFICIALS, SO AS TO ADD THE COLLECTION OF FEES AND COSTS ASSOCIATED WITH ENROLLING AND COLLECTING FOREIGN JUDGMENTS.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
On motion of Rep. FELDER, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.
S. 497 -- Senator Bryan: A BILL TO AMEND SECTION 8-21-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PROBATE COURT FEES AND COSTS, SO AS TO REVISE THESE FEES AND COSTS; TO AMEND SECTION 8-21-790, RELATING TO FEES FOR SETTLEMENT OF ESTATES, SO AS TO DELETE LANGUAGE AUTHORIZING THE TAX COMMISSION TO RETAIN CERTAIN OF THESE FEES; TO AMEND SECTION 20-1-230, RELATING TO THE ISSUANCE OF MARRIAGE LICENSES, SO AS TO REVISE A REFERENCE TO THE FEE FOR MARRIAGE LICENSES; AND TO REPEAL SECTION 8-21-780, RELATING TO FEES OF THE PROBATE COURT FOR PROVIDING COPIES OF CERTAIN STATEMENTS, AND SECTION 15-37-70, RELATING TO COSTS AND EXPENSES OF ADMINISTRATION AND SETTLEMENT OF SMALL ESTATES.
The Senate amendments to the following Bill were taken up for consideration.
H. 3800 -- Reps. Spearman, Sharpe, Koon, Sturkie, Riser, Wright, Gamble and Stuart: A BILL TO AMEND SECTION 5-31-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABOLISHMENT OF A PUBLIC WORKS COMMISSION, SO AS TO PROVIDE FOR THE ABOLISHMENT OF A PUBLIC WORKS COMMISSION BY ORDINANCE AFTER A BINDING REFERENDUM AND THE ASSUMPTION OF THE DUTIES OF THE COMMISSION BY THE MUNICIPAL GOVERNMENT OF THE PRIMARY AREA SERVED BY THE ABOLISHED COMMISSION AND PROVIDE THAT, AS AN ALTERNATIVE, THE COMMISSION MAY ABOLISH ITSELF BY A MAJORITY VOTE.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 3546 -- Reps. Sheheen, Wilkins, Boan, Hodges, Jennings, Harwell, Corning and Thomas: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF GOVERNMENT TO PROVIDE FOR THE ORGANIZATION, DUTIES, FUNCTIONS AND PROCEDURES OF THE VARIOUS DEPARTMENTS AND DIVISIONS. (Shortened Title)
Reps. HODGES, BOAN and SHEHEEN proposed the following Amendment No. 2A (Doc Name L:\council\legis\amend\436\11460SD.93), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting H. 3546 as passed by the House, the provisions of which are incorporated herein by reference.
Renumber sections to conform.
Amend totals and title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The following Concurrent Resolution was taken up.
S. 783 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, JUNE 2, 1993, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 1 WHOSE TERM EXPIRES JUNE 30, 1993.
Be it resolved by the Senate, the House of Representatives concurring:
That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday June 2, 1993, at 12:00 noon to elect a successor to The Honorable John P. Gardner of the Court of Appeals, Seat 1 whose term expires June 30, 1993.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
S. 784 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 26, 1993, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 5 WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 2 WHOSE TERM EXPIRES JUNE 30, 1993; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT, SEAT 1 OF THE FAMILY COURT WHOSE UNEXPIRED TERM EXPIRES JUNE 3, 1998.
Be it resolved by the Senate, the House of Representatives concurring:
That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday May 26, 1993, at 12:00 noon to elect a successor to The Honorable Alexander M. Sanders, Jr., of the Court of Appeals, Seat 5 whose unexpired term expires June 30, 1997; and to elect a successor to The Honorable Curtis G. Shaw of the Court of Appeals, Seat 2 whose term expires June 30, 1993; and to elect a successor to The Honorable L. Mendel Rivers of the Ninth Judicial Circuit, Seat 1 of the Family Court whose unexpired term expires June 3, 1998.
The Concurrent Resolution was adopted and ordered returned to the Senate.
Rep. SHEHEEN moved to dispense with the Motion Period.
As a first substitute Rep. J. BAILEY moved to recall H. 3245 from the Ways and Means Committee.
As a second substitute Rep. SHEHEEN moved to dispense with the balance of the Motion Period, which was agreed to.
Rep. SHEHEEN moved that the House recur to the morning hour, which was agreed to.
Rep. McLEOD, from the Sumter Delegation, submitted a favorable report, on:
H. 4008 -- Reps. McLeod, G. Brown, Canty, McElveen and Neal: A BILL TO AMEND SECTIONS 7-7-501, AS AMENDED, AND 7-7-502, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND VOTING PLACES IN SUMTER COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND VOTING PLACES.
Ordered for consideration tomorrow.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4201 -- Reps. Carnell, McAbee, P. Harris and Stoddard: A CONCURRENT RESOLUTION TO REQUEST THE APPROPRIATE OFFICIALS OF BAMBERG COUNTY TO NAME THE NEW SENIOR CITIZENS CENTER OF THE BAMBERG COUNTY COUNCIL ON AGING AS "THE THOMAS AND CHESSIE RHOAD SENIOR CITIZENS CENTER".
Ordered for consideration tomorrow.
The following was introduced:
H. 4222 -- Reps. Sheheen, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Rudnick, Scott, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO JOE PINNER, ONE OF THE MOST RECOGNIZED AND BELOVED MEDIA FIGURES IN SOUTH CAROLINA, ON COMPLETION OF THIRTY YEARS' SERVICE WITH WIS-TV IN COLUMBIA AND WISHING HIM CONTINUED SUCCESS IN AN OUTSTANDING CAREER IN BROADCASTING.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4223 -- Rep. Anderson: A CONCURRENT RESOLUTION TO COMMEND MR. ARTHUR MAGILL OF GREENVILLE FOR HIS OVERWHELMING GENEROSITY AND HIS OUTSTANDING CONTRIBUTIONS TO CIVIC AND COMMUNITY EFFORTS THAT HAVE GREATLY ENHANCED AND BROADENED THE LIVES OF THE PEOPLE OF GREENVILLE AND ALL SOUTH CAROLINIANS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4224 -- Reps. R. Smith, Huff, Sharpe and Stone: A JOINT RESOLUTION TO PROVIDE THAT THE CALCULATION OF THE 1993 INDEX OF TAXPAYING ABILITY FOR SCHOOL DISTRICTS IN A COUNTY WHICH IMPLEMENTED A REASSESSMENT PROGRAM IN 1992 MUST USE THE 1991 SALES RATIO STUDY FOR THE COUNTY.
Rep. R. SMITH asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. WAITES objected.
Referred to Committee on Ways and Means.
H. 4225 -- Rep. Richardson: A JOINT RESOLUTION TO ESTABLISH A SITE FOR A PERMANENT CONFEDERATE WAR MEMORIAL AND TO SPECIFY HISTORICAL DATES ON WHICH TO FLY THE CONFEDERATE FLAG.
Referred to Committee on Invitations and Memorial Resolutions.
H. 4226 -- Rep. Farr: A BILL TO ESTABLISH A GOVERNING BODY FOR THE BUFFALO FIRE DISTRICT IN UNION COUNTY AND PROVIDE A PROCEDURE FOR THEIR ELECTION.
On motion of Rep. FARR, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following Bill was taken up.
S. 440 -- Senators Reese, Courtney and Russell: A BILL TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-30, 16-13-50, 16-13-80, 16-13-180, AS AMENDED, 16-13-230, 16-13-240, 16-13-260, AND 16-13-420 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS CRIMES INVOLVING PROPERTY OR PERSONAL GOODS AND CHATTELS, SO AS TO PROVIDE THAT THE OFFENSE IS TRIABLE IN MAGISTRATE'S COURT IF THE VALUE OF THE PROPERTY, GOODS, OR CHATTEL IS NOT MORE THAN ONE THOUSAND DOLLARS AND TO INCREASE THE FINE IN MAGISTRATE'S COURT TO ONE THOUSAND DOLLARS; TO AMEND SECTION 22-3-550, RELATING TO MAGISTRATE'S JURISDICTION OVER MINOR OFFENSES, SO AS TO INCREASE THE FINE TO ONE THOUSAND DOLLARS; AND TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATE'S JURISDICTION FOR LARCENY, SO AS TO INCREASE JURISDICTION OVER THE VALUE OF STOLEN PROPERTY TO ONE THOUSAND DOLLARS.
Rep. MARTIN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\WWW\30163DW.93), which was adopted.
Amend the report of the Committee on Judiciary, as and if amended, page 440-8, lines 38 and 39 by striking SECTION 16 and inserting:
/SECTION 16. This act takes effect July 1, 1993 and is applicable to all offenses occurring after this date./
Amend title to conform.
Rep. HODGES explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 496 -- Senators Rankin, J. Verne Smith, Williams, Drummond, Lander, Short and Passailaigue: A BILL TO AMEND SECTION 12-43-305, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX APPEALS, SO AS TO PROVIDE THAT THE INTEREST CHARGED A TAXPAYER DURING THE PENDENCY OF AN APPEAL SHALL BE LIMITED TO FIFTEEN PERCENT WHEN THE APPEAL IS NOT RESOLVED WITHIN FIFTEEN MONTHS FROM THE DATE OF FILING, PROVIDED THAT DELAY BEYOND THE FIFTEEN MONTH LIMITATION IS NOT ATTRIBUTABLE TO THE PROPERTY OWNER.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, May 19, by Rep. KIRSH.
Rep. KIRSH moved to table the amendment, which was agreed to.
Rep. KOON proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\436\11462AC.93), which was adopted.
Amend the bill, as and if amended, Section 12-43-305, page 2, line 22, by inserting after /owner/ /, but in no event may interest be charged beyond the end of the fiscal year in which the appeal was filed/.
Amend title to conform.
Rep. KOON explained the amendment.
The amendment was then adopted.
Reps. KIRSH and VAUGHN proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\JIC\6045HC.93), which was adopted.
Amend the bill, as and if amended, in SECTION 1, beginning on page 1, by striking Section 12-43-305 and inserting:
/Section 12-43-305. Upon receipt of written notice of appeal of a property valuation and if it is reasonably expected that the appeal may delay the assessment of the property beyond December thirty-first of the tax year, the assessing officer shall prepare immediately an assessment for the property under appeal based upon eighty percent of the assessed value of the property for the current year. The Tax Commission shall notify the auditor of the property under the jurisdiction of the commission which is under appeal. The auditor shall adjust the assessment of property under appeal to eighty percent of the assessed value or any valuation greater than eighty percent agreed to in writing by the taxpayer and enter the adjusted assessment on the tax duplicate and the tax must be paid as in other cases.
After final review of the appeal, if the valuation is greater than the value of the assessment set by the assessing official in accordance with this section, an assessment must be made and entered based on the difference between the value of the assessment determined by this section and the value settled by the appeal.
If the valuation is less than that set as provided in this section, the assessment of the current year must be reduced by the cumulative difference between the assessment as entered and that determined by final review. The tax paid on the difference between the assessment as entered and that determined after final review must be refunded together with interest at the rate of one percent a month on the amount of the overpayment.
Interest at the rate of one percent must be added for each month the tax was unpaid because of the appeal and collected in the same manner as the tax. If the valuation of more than five percent of the parcels of real property in a county is appealed as a result of a reassessment and equalization program, no interest is due on refunds or underpayments for any month the valuation remains under appeal beginning after June 30 of the year succeeding the reassessment year."/
Amend further, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 12-43-220(d)(3) of the 1976 Code, as last amended by Act 404 of 1988, is further amended to read:
"(3) Agricultural real property does not come within the provisions of this section unless the current owners of the real property or their agents make a written application therefor on or before May first of the first tax year in which the special assessment is claimed. The application for the special assessment must be made to the assessor of the county in which the agricultural real property is located, on forms provided by the county and approved by the Commission and a failure to apply constitutes a waiver of the special assessment for that year. The governing body may extend the time for filing upon a showing satisfactory to it that the person had reasonable cause for not filing on or before May first. No additional annual filing is required while the use classification of the property is unchanged remains bona fide agricultural and the ownership remains the same. The owner shall notify the assessor within six months of a change in use. For failure to notify the assessor of a change in use, in addition to any other penalties provided by law, a penalty of ten percent and interest at the rate of one-half of one percent a month must be paid on the difference between the amount that was paid and the amount that should have been paid, but not less than thirty dollars nor more than the current year's taxes./
Renumber, amend title and totals to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. VAUGHN, with unanimous consent, it was ordered that S. 496 be read the third time tomorrow.
The following Bill was taken up.
H. 3660 -- Reps. Wilkins, Waldrop, T.C. Alexander, Simrill, Felder, Wright, Riser, Harrison, G. Bailey, Cato, Davenport, Chamblee, Fulmer, Sharpe, Jaskwhich, Carnell, Kennedy, Lanford, Littlejohn, R. Smith, Townsend, Vaughn, Wells, Wofford, A. Young, R. Young, J. Wilder, Stuart, Gamble, D. Wilder, Witherspoon, Richardson, Waites, Law, Keegan, Shissias, Quinn, Allison, Walker, H. Brown, Robinson, Elliott, Koon, McAbee, Stone, J. Harris and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-185 SO AS TO REQUIRE THE DIVISION OF RESEARCH AND STATISTICAL SERVICES TO COLLECT, ANALYZE, AND MAKE AVAILABLE CERTAIN NONIDENTIFYING HEALTH CARE INFORMATION.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11373AC.93), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 44-6-150 of the 1976 Code, as last amended by Act 189 of 1989, is further amended to read:
"Section 44-6-150. (A) There is created the South Carolina Medically Indigent Assistance Program, administered by the commission. The program is authorized to sponsor up to fifteen million dollars of inpatient hospital care, for which hospitals shall receive no reimbursement except as provided in Section 44-6-155(D). Any A general hospital equipped to provide the necessary treatment must shall:
(1) admit a patient sponsored by the program; and
(2) accept the transfer of a patient sponsored by the program from a hospital which is not equipped to provide the necessary treatment.
In addition to or in lieu of any an action taken affecting the license of the hospital, when it is established that any an officer, employee, or member of the hospital medical staff has violated the provisions of this section, the South Carolina Department of Health and Environmental Control shall require the hospital to pay a civil penalty of up to ten thousand dollars.
(B) Hospital charges for patients sponsored by the Medically Indigent Assistance Program must be adjusted by the most recent audited cost to charge ratio when used to calculate:
(1) claims against the Medically Indigent Assistance Program by county residents as required by Section 44-6-146(B);
(2) the fifteen million dollar limit on hospital care sponsored by the Medically Indigent Assistance Program; and
(3) hospital reimbursements authorized by Section 44-6-155(D). reported to the Division of Research and Statistical Services pursuant to Section 44-6-170.
(C) In administering the Medically Indigent Assistance Program, the commission shall determine:
(1) the method of administration, including the specific procedures and materials to be used statewide in determining eligibility for the program;
(a) In a nonemergency cases, the patient shall submit the necessary documentation to his the patient's county of residence or its designee to determine eligibility before admission to the hospital.
(b) In case of an emergency, the hospital shall admit the patient pursuant to Section 44-7-260. If a hospital holds the patient financially responsible for all or a portion of the inpatient hospital bill, and if the hospital determines that the patient could be eligible for the program, it shall forward the necessary documentation along with the patient's bill and other supporting information to the patient's county of residence or its designee for processing. A county may request that all claims hospital bills incurred by its residents sponsored by the program be submitted to the county or its designee for review before being forwarded to the commission for processing. If a county exercises its option to review claims, the reviews must be completed within fifteen days.
(2) the population to be served including eligibility criteria based on family income and resources. Eligibility is determined on an episodic basis for a given spell of illness. Eligibility criteria must be uniform statewide and may include only those persons who meet the program's definition of medically indigent;
(3) the health care services covered;
(4) a system to reimburse hospitals if funds are available as provided in Section 44-6-155(D);
(5) requirements for hospitals to report information needed to administer the program. This includes, but is not limited to, each sponsored patient's name, program authorization number, county of residence, primary diagnosis, and hospital charges;
(6) (4) a process by which any claim or an eligibility determination can be contested and appealed; and
(7) (5) a method for processing claims. the program may not sponsor a patient until all other means of paying for or providing services have been exhausted. This includes Medicaid, Medicare, health insurance, employee benefit plans, or other persons or agencies required by law to provide medical care for the person. Hospitals may require eligible patients whose gross family income is between one hundred percent and two hundred percent of the federal poverty guidelines, to make a copayment based on a sliding payment scale developed by the commission based on income and family size.
(D) Nothing in this section may be construed as relieving hospitals of their Hill-Burton obligation to provide unreimbursed medical care to indigent persons."
SECTION 2. Section 44-6-155 of the 1976 Code, as last amended by Act 105 of 1991, is further amended to read:
"Section 44-6-155. (A) There is created the Medicaid Expansion Fund into which must be deposited funds:
(1) funds collected pursuant to Section 44-6-146;
(2) funds collected pursuant to Section 12-23-810; and
(3) funds appropriated pursuant to subsection (B) of this section.
This fund must be separate and distinct from the general fund. These funds are supplementary and may not be used to replace general funds appropriated by the General Assembly or other funds used to support Medicaid. These funds and the programs specified in subsection (C) are exempt from any budgetary cuts, reductions, or eliminations caused by the lack of general fund revenues. Earnings on investments from this fund must remain part of the separate fund and must not be deposited in the general fund.
(B) The commission shall estimate the amount of federal matching funds which will be spent in the State during the next fiscal year due to the changes in Medicaid authorized by subsection (C) of this section. Based on this estimate, the General Assembly shall appropriate to the Medicaid Expansion Fund state funds equal to the additional state revenue generated by the expenditure of these federal funds.
(C) Monies in the fund must be used for the following purposes to:
(1) to provide Medicaid coverage to pregnant women and infants with family incomes above one hundred percent but below one hundred eighty-five percent of the federal poverty guidelines;
(2) to provide Medicaid coverage to children aged one through six with family income below federal poverty guidelines;
(3) to provide Medicaid coverage to aged and disabled persons with family income below federal poverty guidelines;
(4) to provide Medicaid coverage through a medically needy program to eligible persons in families with medical expenses which reduce the net family income below state and federal standards; (5) to provide Medicaid reimbursement for hospital patients in need of subacute care, including patients in swing beds;
(6) to provide a pool of at least forty-four million dollars for the sole purpose of adjusting Medicaid reimbursement for hospitals as provided in Section 44-6-140(A)(1). Funds in the pool not immediately used for this purpose must be carried forward for eventual use for this purpose;
(7) to provide up to two hundred forty thousand dollars to reimburse the Division of Research and Statistical Services and hospitals for the cost of collecting and reporting data pursuant to Section 44-6-170; and
(8) to supplement state funds needed to administer items (3) and (4), not to exceed $700,000.
(D) All funds not expended for the purposes specified above must be used at the end of the fiscal year to reimburse hospitals for care given to patients sponsored by the Medically Indigent Assistance Program during the same fiscal year.
(E) (D) Any funds not expended for the purposes specified in subsections subsection (C) and (D) above during a given year are carried forward to the succeeding year for the same purposes."
SECTION 3. Section 44-6-170 of the 1976 Code, as last amended by Act 105 of 1991, is further amended to read:
"Section 44-6-170. (A) In order to develop a timely and meaningful data base and to assist the commission in its efforts to properly carry out its functions as provided by the South Carolina Medically Indigent Assistance Act, the Division of Research and Statistical Services of the State Budget and Control Board shall require the standardized reporting by hospitals of the following hospital-specific information for the twelve-month period from October first through September thirtieth for each federal fiscal year, and the commission shall reimburse the division for the cost of collecting and preparing this information.
(A) As used in this section:
(1) 'Division' means the Division of Research and Statistical Services of the Budget and Control Board.
(2) 'Council' means the Data Oversight Council.
(3) 'Committee' means the Data Oversight Committee.
(B) There is established the Data Oversight Council comprised of:
(1) one hospital administrator;
(2) the chief executive officer or designee of the South Carolina Hospital Association;
(3) one physician;
(4) the chief executive officer or designee of the South Carolina Medical Association;
(5) one representative of major third party health care payers;
(6) one representative of the managed health care industry;
(7) one nursing home administrator;
(8) three representatives of nonhealth care related businesses;
(9) one representative of a nonhealth care related business of less than one hundred employees;
(10) the executive vice president or designee of the South Carolina Chamber of Commerce;
(11) a member of the Governor's office staff;
(12) a representative from the Human Services Coordinating Council;
(13) the commissioner or his designee of the South Carolina Department of Health and Environmental Control;
(14) the executive director or his designee of the State Health and Human Services Finance Commission;
(15) the chairman or his designee of the Health Planning Committee created pursuant to Section 44-7-180.
The members enumerated in items (1) through (10) must be appointed by the Governor for three-year terms and until their successors are appointed and qualify; the remaining members serve ex officio. The Governor shall appoint one of the members to serve as chairman. The division shall provide staff assistance to the council.
(C) There is created the Data Oversight Committee comprised of six members, three of whom must be members of the Senate to be appointed by the President of the Senate and three of whom must be members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The members are appointed for two year terms. At its first meeting the committee shall organize by selecting from its membership a chairman and a vice chairman with the officers alternating between the House of Representatives and the Senate each term. The members of the committee shall receive the usual per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees.
(D) The division with the approval of the council shall promulgate regulations to implement this section in accordance with the Administrative Procedures Act. No data may be released by the division except in a format recommended by the council and approved by the committee. Patient identifiers gathered pursuant to this section are confidential. The information collected may not be released to entities or individuals unless release is made of aggregate statistical information so that no individual patient may be identified. The committee upon recommendations of the council shall determine what provider-identifiable data should be released for public use and what data should be released for research purposes. Any such release must be preceded by notice to the identified provider who must be provided sufficient time to review the information and whose written response must be considered before a release and must be included, if requested, in the release. Nothing in this section may be construed to change or interfere with the mode of collection and format of release of existing inpatient hospital data by the division by general acute care hospitals, until recommendations are adopted by the council and approved by the committee. The council shall make periodic recommendations to the committee and the General Assembly concerning the collection and release of health care related data by the State. The council shall forward to the committee, before December 2, 1993, recommendations for the collection of additional health care information and data including, but not limited to, all outpatient data, information concerning health care manpower needs for the State, information to assist in the development and evaluation of health outcomes, and other information the council may consider necessary to assist in the formation of health care policy in the State. Recommendations by the council mandating the collection of this data apply to every provider or insurer affected by the recommendation, regardless of how the data is collected by the provider or insurer. Every effort must be made to utilize existing data sources.
(E) Information may be required to be produced only with respect to admissions of and treatment to patients after the effective date of the regulations implementing this section, except that data with respect to the medical history of the patient reasonably necessary to evaluation of the admission of and treatment to the patient may be required.
(F) The division shall convene a Health Data Analysis Task Force composed of technical representatives of universities and of the private sector and public agencies including, but not limited to, health care providers and insurers to make recommendations to the council concerning types of analysis needed to carry out this section.
(G) All general acute care hospitals and specialized hospitals including, but not limited to, psychiatric hospitals, alcohol and substance abuse hospitals, and rehabilitation hospitals shall provide the following information to the division: hospital-specific information for the twelve-month period from October first through September thirtieth for each federal fiscal year. This information must be submitted reported by February March first of the following year:
(1) total gross revenue, including:
(a) gross inpatient revenue;
(b) Medicare gross revenue;
(c) Medicaid gross revenue;
(d) South Carolina Medically Indigent Assistance Fund Program gross revenue;
(2) total deductions for contractual allowances from gross revenue, including:
(a) Medicare contractual allowances;
(b) Medicaid contractual allowances; and
(c) other contractual allowances; and
(d) bad debts;
(3) total direct costs and medical education:
(a) reimbursed; and
(b) unreimbursed;
(4) total indirect costs of medical education:
(a) reimbursed; and
(b) unreimbursed;
(5) total costs of care for medically indigent bad debt and charity care:
(a) reimbursed; and South Carolina Medically Indigent Assistance Program;
(b) unreimbursed other charity care; and
(c) bad debt;
(6) total admissions, including:
(a) Medicare admissions;
(b) Medicaid admissions;
(c) South Carolina Medically Indigent Assistance Program admissions; and
(d) other admissions;
(7) total patient days;
(8) average length of stay;
(9) total outpatient visits;
(10) extracts of the following medical record information:
(a) patient date of birth;
(b) patient number;
(c) patient sex;
(d) patient county of residence;
(e) patient zip code;
(f) patient race;
(g) date of admission;
(h) source of admission;
(i) type of admission;
(j) discharge date;
(k) principal and up to four eight other diagnoses;
(l) principal procedure and date;
(m) patient status at discharge;
(n) up to four five other procedures;
(o) hospital identification number;
(p) principal source of payment; and
(q) total charges and components of those charges, including associated room and board units;
(r) patient medical record or chart number; and
(s) attending physician and primary surgeon.;
(t) patient name, patient social security number, and patient address; and
(u) external cause of injury code (E-code), as set forth in regulation.
Release must be made no less than semi-annually of the patient medical record information listed in this subsection to the submitting hospital and the information listed in items (10)(a) through (r) and (u) to the hospital's designee.
(H) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
In addition, the division shall collect data as recommended by the Health Care Planning and Oversight Committee pursuant to subsection (C) of this section and other data relative to the medically indigent population, including: demographic characteristics, economic status, utilization of health care services, and fluctuations in the population over time. These requirements are promulgated by regulations in accordance with the Administrative Procedures Act.
(B) It is the intent of the South Carolina Medically Indigent Assistance Act and of regulations promulgated pursuant thereto to protect the confidentiality of individual patient information, physician identifiers, and the proprietary information of hospitals. Only the data collected pursuant to the Health Care Planning and Oversight Committee recommendations, as provided in this section, may be collected, analyzed, and released to nongovernmental entities and individuals as directed by that committee. All other patient, physician, and hospital-specific information collected pursuant to subsection (A) of this section is confidential and must not be released to any nongovernmental entity or individual unless release is made of statistical information so that no individual patient, physician, or hospital can be identified, except that release must be made, no less than semi-annually, of the patient medical record information listed in Section 44-6-170(A)(10)(a)-(s) to submitting hospitals, and the information listed in Section 44-6-170(A)(10)(a)-(r) to the hospitals' designee. The information provided to any governmental agency as provided in this section must not be released pursuant to the Freedom of Information Act in the form in which it was provided to any other party. For purposes of this section, governmental agency does not include a governmental hospital.
(C) Because accurate, comparable data on the costs and usage of health care services is not currently available in South Carolina, it is extremely difficult to make careful policy choices for future health care cost management strategies. Neither the public sector nor the private sector purchasers of health care have available sufficient data to enable them to make informed choices among health care providers in the market place. The lack of a uniform system for the collection and analysis of data, and the lack of full participation by providers, purchasers, and payors has led to inadequate and unuseable data. In order to remedy this problem, it is necessary to create a uniform system for the collection, analysis, and distribution of health care cost data. The purposes of this data system are to insure that data is available to make valid comparisons of prices among providers of services and to support ongoing analysis of the health care delivery system. Accordingly, after receiving comments and recommendations from health care providers, consumers, and governmental agencies, the Health Care Planning and Oversight Committee shall recommend to the Division:
(1) the data elements to be collected and analyzed. These elements may include, but are not limited to, those already listed in subsection (A) of this section;
(2) the format in which the data may be released to the public; and
(3) the frequency with which the data should be collected and released on a routine basis.
(D) In addition to hospitals licensed by the Department of Health and Environmental Control, effective July 1, 1991, the provisions of this section apply to a hospital licensed in another state if the hospital does business in South Carolina. Information required by subsection (A)(1) through (9) of this section must be submitted for all patients. Information required by subsection (A)(7) of this section also must identify total patient days attributed to South Carolina residents. Information required by subsection (A)(10) of this section must be submitted only for residents of South Carolina. A hospital is considered to be doing business in this State if the hospital, or the firm, corporation, association, or partnership which owns or operates the hospital, either directly or through a subsidiary corporation, establishes a physical presence in this State by owning, leasing, subleasing, or by any other means arranges to provide space to engage in or transact activity for financial profit or gain."
SECTION 4. Section 44-6-180 of the 1976 Code, as last amended by Act 189 of 1989, is further amended to read:
"Section 44-6-180. (A) Patient records, received by counties, the commission, or other entities involved in the administration of the program created pursuant to Section 44-6-150 are confidential. Patient records and physician and hospital identifiers gathered pursuant to Section 44-6-170 are also confidential. This information collected pursuant to Section 44-6-170(A)(10)(a)-(s) must not be released to nongovernmental entities or individuals unless release is made of aggregate statistical information so that no individual patient, physician, or hospital can be identified, except as provided in Section 44-6-170(C). Nothing in this subsection may be construed as limiting access to information needed by any governmental agency as provided in Section 44-6-170(B) or by the submitting hospitals or their designee as provided in Section 44-6-170(B). The division shall use patient-identifiable data collected pursuant to Section 44-6-170 for the purpose of linking various data bases to carry out the purposes of Section 44-6-170. Linked data files must be made available to those agencies providing data files for linkage. No agency receiving patient-identifiable data collected pursuant to Section 44-6-170 may release this data in a manner such that an individual patient or provider may be identified except as provided in Section 44-6-170. Nothing in this section may be construed to limit access by a submitting provider or its designee to that provider's information.
(B) Any A person violating the provisions of this section is guilty of a misdemeanor, and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both."
SECTION 5. Section 44-6-200 of the 1976 Code, as last amended by Act 189 of 1989, is further amended to read:
"Section 44-6-200. (A) Any A person who commits a material falsification of information required to determine eligibility for the Medically Indigent Assistance Program is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than one year, or both.
(B) Any general hospital which materially falsifies information to seek reimbursement from the Medically Indigent Assistance Program must be fined not more than five thousand dollars.
(C) (B) Unless otherwise specified in this chapter, any an individual or facility violating any of the provisions of this chapter or a regulation under this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars for the first offense and not more than five thousand dollars for a subsequent offense."
SECTION 6. This act takes effect upon approval by the Governor; except, the reporting requirement in Section 44-6-170(G)(10)(u) takes effect for hospitals with more than one hundred fifty beds ninety days after approval by the Governor and for hospitals with one hundred fifty beds or fewer on October 1, 1994./
Amend title to conform.
Rep. HOUCK explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HOUCK, with unanimous consent, it was ordered that H. 3660 be read the third time tomorrow.
The following Bill was taken up.
H. 3692 -- Reps. Vaughn, Waldrop, J. Bailey, Hines, Farr, Kirsh, Stone, Walker, Littlejohn, Gamble, Richardson, Cobb-Hunter, Allison, Wells, Wofford, Chamblee, Corning, Cato, Holt, Harrelson, Davenport, Moody-Lawrence, P. Harris, Gonzales, Witherspoon, Cooper, Byrd, Riser, Wright, D. Wilder, Mattos, Houck, Jaskwhich and Klauber: A BILL TO AMEND SECTION 20-7-1650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO ADOPTIONS, SO AS TO REVISE THE DEFINITION OF CHILD PLACING AGENCY.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\15560SD.93), which was adopted.
Amend the bill, as and if amended, in Section 20-7-1650(e) of the 1976 Code, as contained in SECTION 1, by striking the last two sentences of subsection (e) and inserting:
/However, an attorney engaged in the practice of law who represents a client in an adoption or who otherwise facilitates an adoption in the course of that practice is exempt from this definition./
Renumber sections to conform.
Amend title to conform.
Rep. WOFFORD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WALDROP, with unanimous consent, it was ordered that H. 3692 be read the third time tomorrow.
The following Bill was taken up.
H. 3693 -- Reps. Vaughn, Moody-Lawrence, Waldrop, J. Bailey, Kirsh, Farr, Holt, Stone, Walker, Littlejohn, Gamble, Richardson, Cobb-Hunter, Allison, Wells, Hines, Huff, Cato, Harrelson, Witherspoon, Wofford, P. Harris, Gonzales, Cooper, Klauber, Davenport, Byrd, Chamblee, Houck, Riser, D. Wilder, Lanford, Wright, Jaskwhich, Mattos, Haskins and Corning: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION FOR THE ADOPTION OF A CHILD AND THE EXCEPTIONS TO THE REQUIREMENT THAT CHILDREN BE PLACED WITH SOUTH CAROLINA RESIDENTS, SO AS TO ADD AN ADDITIONAL EXCEPTION TO THE ABOVE REQUIREMENT WHERE THE CHILD HAS BEEN IN FOSTER CARE FOR SIX MONTHS AFTER REQUIRED CONSENTS HAVE BEEN OBTAINED AND NO SOUTH CAROLINA RESIDENT HAS BEEN IDENTIFIED AS A PROSPECTIVE ADOPTIVE HOME.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\15561SD.93), which was adopted.
Amend the bill, as and if amended, in Section 20-7-1670 of the 1976 Code, as contained in SECTION 1, by striking item (f) of the section and inserting:
/(f) the child has been in foster care for six months after having been legally freed for adoption and no South Carolina resident has been identified as a prospective adoptive home./
Renumber sections to conform.
Amend title to conform.
Rep. WOFFORD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WALDROP, with unanimous consent, it was ordered that H. 3693 be read the third time tomorrow.
The following Bill was taken up.
S. 622 -- Senator Bryan: A BILL TO AMEND SECTION 40-43-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN DRUGS THAT ONLY MAY BE SOLD ON PRESCRIPTION, SO AS TO INCLUDE PHYSICIANS' ASSISTANTS AMONG THOSE PROFESSIONALS WHO MAY PRESCRIBE MEDICATIONS; TO AMEND SECTION 40-47-25, AS AMENDED, RELATING TO PHYSICIANS' ASSISTANTS, SO AS TO DELETE PROVISIONS RELATING TO THE NUMBER OF ASSISTANTS A PHYSICIAN MAY SUPERVISE; AND TO AMEND SECTION 44-53-290, RELATING TO REGISTRATION FOR MANUFACTURING, DISTRIBUTING, OR DISPENSING CONTROLLED SUBSTANCES, SO AS TO AUTHORIZE THE DEPARTMENT TO ISSUE REGISTRATIONS TO NURSE PRACTITIONERS AND PHYSICIANS' ASSISTANTS FOR PRESCRIBING SCHEDULE V CONTROLLED SUBSTANCES.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11381AC.93), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-43-150 of the 1976 Code, as last amended by Act 303 of 1992, is further amended to read:
"Section 40-43-150. (A) It Except as provided in Section 40-43-155, it is unlawful for a person to sell, give away, barter, exchange, distribute, or possess in the State, except on a prescription of a licensed medical or osteopathic physician, podiatrist, dentist, nurse practitioner, therapeutically certified optometrist, physician's assistant, or veterinarian a drug, or device other than contact lenses as defined in Section 39-23-20, bearing on its manufacturer's or distributor's original commercial container the legend, 'CAUTION: Federal law prohibits dispensing without a prescription' and those which, in the discretion of the Board of Pharmacy, are classified as 'dangerous drugs' within the meaning of this section.
(B) The prescription must be compounded or prepared only by a licensed pharmacist, licensed assistant pharmacist, or under the direct personal supervision of a licensed pharmacist. No prescription may be refilled except upon the authorization of a licensed medical or osteopathic physician, podiatrist, dentist, nurse practitioner, therapeutically certified optometrist, physician's assistant, or veterinarian who prescribed it, except that if a pharmacist receives a request for a prescription refill and the pharmacist is unable to obtain refill authorization from the prescriber, the pharmacist may dispense a one-time emergency refill of up to a seventy-two hour supply of the prescribed medication if:
(1) the prescription is not for a controlled substance;
(2) the medication is essential to the maintenance of life or to the continuation of therapy;
(3) in the pharmacist's professional judgment, the interruption of therapy reasonably may produce undesirable health consequences or may cause physical or mental discomfort;
(4) the pharmacist properly records the dispensing; and
(5) the dispensing pharmacist notifies the prescriber of the emergency dispensing within seventy-two hours after the one-time emergency refill dispensing.
No prescription marked 'PRN' or for another nonspecific number of refills may be refilled more than two years beyond the date it was written originally. Nothing in this subsection abridges the right of a pharmacist to refuse to fill or refill a prescription.
(C) This section does not apply to the sale at wholesale by recognized drug jobbers or wholesalers or drug manufacturers to pharmacists or drug outlets or licensed medical or osteopathic physicians, podiatrists, dentists, diagnostically or therapeutically certified optometrists, or veterinarians qualified to practice their professions according to the laws of this State, nor to the sale by pharmacists in drug outlets to one another. This section applies to the sale by a manufacturer, wholesaler, or retailer to a person other than those legally qualified and authorized to purchase and hold them for resale in this State."
SECTION 2. Section 40-47-25 of the 1976 Code, as last amended by Act 124 of 1987, is further amended to read:
"Section 40-47-25. (A) A representative of the South Carolina Academy of Physicians' Assistants has the privilege of attendance at all meetings of the State Board of Medical Examiners (board) and must be permitted to speak to matters affecting physicians' assistants. However, this representative is not a member of the board and is not entitled to vote.
(B) The board shall explore the possibility of administering its own examination for purposes of determining a physician's assistant's competency prior to before issuing a temporary or permanent certificate. The board is authorized to may impose an examination fee to cover the costs and expenses of administering this examination.
(C) If a supervising physician is employed in a publicly-supported or charitable institution providing free or reduced fee services, the board may authorize the physician to supervise more than one physician's assistant under arrangement approved by the Board."
SECTION 3. Section 44-53-290 of the 1976 Code, is amended by adding an appropriately lettered subsection to read:
"(j) Pursuant to the procedures set forth in Section 44-53-300, the department may issue a registration in Schedule V to a nurse practitioner certified to prescribe Schedule V controlled substances by the State Board of Nursing for South Carolina and to a physician's assistant registered by the department pursuant to this subsection may not acquire, possess, or dispense, other than by prescription, a controlled substance except as provided by law."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. HOUCK explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WALDROP, with unanimous consent, it was ordered that S. 622 be read the third time tomorrow.
The following Bill was taken up.
H. 4178 -- Reps. Askins, Cobb-Hunter, Hines, Rhoad, Harrelson, Stuart, Spearman, Witherspoon, Govan, Shissias, Wright, Gamble, Riser, Wells, Waites and Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-19-15 SO AS TO PROVIDE THAT IN THOSE AREAS OF THE COUNTY WHERE FIRE PROTECTION SERVICE IS OFFERED ON AN INDIVIDUAL CONTRACTUAL BASIS, THE COUNTY GOVERNING BODY MAY EXTEND FIRE PROTECTION TO THOSE LANDOWNERS WITHIN THE SERVICE AREA WHO ARE NOT SERVED BY A CONTRACT WITH ANOTHER POLITICAL SUBDIVISION.
Rep. ASKINS explained the Bill.
Rep. J. BAILEY moved to adjourn debate upon the Bill.
Rep. COBB-HUNTER moved to table the motion, which was agreed to.
The question then recurred to the passage of the Bill on seconding reading.
The Bill was read the second time and ordered to third reading.
Rep. ASKINS asked unanimous consent that H. 4178 be read a third time tomorrow.
Rep. FAIR objected.
The SPEAKER Pro Tempore granted Rep. H. BROWN a leave of absence for the remainder of the day.
The following Bill was taken up.
H. 3845 -- Reps. Phillips, Fulmer and Wright: A BILL TO AMEND CHAPTER 3 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND LICENSING OF MOTOR VEHICLES, BY ADDING ARTICLE 6 SO AS TO PROVIDE FOR REGISTRATION AND LICENSING OF CORPORATE-OWNED FLEET MOTOR VEHICLES.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4654AL.93), which was adopted.
Amend the bill, as and if amended, Section 56-3-1050, SECTION 1, by adding at the end of the first paragraph: /This obviates the requirement that an annual renewal sticker or similar decal be affixed to the license plate of those vehicles registered pursuant to the provisions of this article./
So when amended the paragraph reads:
/Upon renewal of the fleet registration, the department shall require payment of full licensing fees for every vehicle registered in this preceding year unless the vehicle has been properly deleted from the fleet. This obviates the requirement that an annual renewal sticker or similar decal be affixed to the license plate of those vehicles registered pursuant to the provisions of this article./
Amend title to conform.
Rep. FARR explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. FARR, with unanimous consent, it was ordered that H. 3845 be read the third time tomorrow.
The following Bill was taken up.
H. 3880 -- Rep. Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4435 SO AS TO PROVIDE THAT A MOTOR VEHICLE FROM WHICH FOOD PRODUCTS ARE SOLD FOR CONSUMPTION MUST HAVE CERTAIN VEHICLE SAFETY EQUIPMENT.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4652AL.93), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 56-5-4435. A motor vehicle from which a vendor sells dairy food products directly to the ultimate consumer must be equipped with the following safety features:
(1) an audible alarm signal device when the vehicle is in reverse gear, but the signal must not emit an unreasonably loud or harsh sound;
(2) signal lamps mounted on the front and on the rear as high and as widely spaced laterally as practicable, which are capable of displaying two alternately flashing red lights at the same level. These lights must have sufficient intensity to be visible at five hundred feet in normal sunlight;
(3) an extended mirror outside on both the right and left side of the vehicle to reflect to the driver a view of the street or highway for a distance of at least two hundred feet behind the vehicle;
(4) a rear mirror situated to provide the operator a view of the area immediately behind the vehicle; and
(5) a swing arm located on the front and rear of the vehicle that prohibits a person from walking directly in front of or behind the vehicle. The swing arm must be engaged when the vehicle is stopped for the purpose of vending products."
SECTION 2. This act takes effect six months after approval by the Governor./
Amend title to conform.
Rep. LANFORD explained the amendment.
The amendment was then adopted.
Rep. KELLEY proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\DKA\4726AL.93), which was adopted.
Amend the bill, as and if amended, Section 56-5-4435, SECTION 1, by striking the first four lines of the section and inserting:
/A motor vehicle which performs business in a residential or abundant housing area and makes frequent or unscheduled stops for the purpose of vendor sales of frozen dairy products or other types of snack foods must be equipped with the following safety features:/
Amend further by adding a paragraph at the end to read:
/This section does not apply to a vehicle that delivers or distributes foods to commercial properties or construction sites only./
Amend title to conform.
Rep. KELLEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that H. 3880 be read the third time tomorrow.
Rep. LITTLEJOHN moved that the House do now adjourn, which was adopted by a division vote of 43 to 38.
The Senate returned to the House with concurrence the following:
H. 4222 -- Reps. Sheheen, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Rudnick, Scott, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO JOE PINNER, ONE OF THE MOST RECOGNIZED AND BELOVED MEDIA FIGURES IN SOUTH CAROLINA, ON COMPLETION OF THIRTY YEARS' SERVICE WITH WIS-TV IN COLUMBIA AND WISHING HIM CONTINUED SUCCESS IN AN OUTSTANDING CAREER IN BROADCASTING.
H. 4223 -- Rep. Anderson: A CONCURRENT RESOLUTION TO COMMEND MR. ARTHUR MAGILL OF GREENVILLE FOR HIS OVERWHELMING GENEROSITY AND HIS OUTSTANDING CONTRIBUTIONS TO CIVIC AND COMMUNITY EFFORTS THAT HAVE GREATLY ENHANCED AND BROADENED THE LIVES OF THE PEOPLE OF GREENVILLE AND ALL SOUTH CAROLINIANS.
At 11:55 A.M. the House in accordance with the motion of Rep. R. YOUNG adjourned in memory of Mrs. Sherry Hicks McCrackin Green and Joseph Lewis Green, to meet at 10:00 A.M. tomorrow.
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