Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, the world calls this Holy Week. Hear words recorded in Chapter 3, St. John's Gospel (v. 14):
"And as Moses lifted up the serpent in
the wilderness, even so must the son of man
be lifted up."
Let us pray.
Lord, God of Moses... and our God: as our President and Russia's President conclude their meetings in Vancouver, and as we hear the continuing cries of Bosnia and Somalia, we realize that the great need of the human race today is embraced in the word RECONCILIATION.
As the Jews celebrate the Passover, and as Christians celebrate the sufferings, death and resurrection of Jesus Christ, we see that God had basic reconciliation in mind all along.
Grant to us all... every race and creed, Your Enlightening Spirit that we may understand the great theological truths centering in the Passover and Holy Week events of history.
Make real, O Lord, the reconciliation of sinful humanity to humanity's God... and the reconciliation of human beings to each other... through the profound mystery of divine LOVE.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
February 24, 1993
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Member, South Carolina Interagency Merit System Council, with term to expire June 30, 1997:
At-Large:
Mrs. Dianne T. Poston, 6114 Hampton Leas Lane, Columbia, S.C. 29209
Referred to the Committee on Finance.
March 10, 1993
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Initial Appointment (as Chairman), Member, Permanent Advisory Council of the State Development Board, with term to expire July 1, 1994:
Chairman:
Mr. F. Hugh Atkins, 1701 Reidville Road, Spartanburg, S. C. 29301 VICE Talmadge Crews (resigned)
Referred to the Committee on Labor, Commerce and Industry.
Initial Appointment, Member, Insurance Commission, with term to expire June 30, 1998:
6th Congressional District:
Mr. Edward D. Tinsley, III, 1202 Madison Avenue, Florence, S.C. 29501 VICE Frances Brown Gilbert (as 6th district member)
Referred to the Committee on Banking and Insurance.
Initial Appointment, Member, State Ethics Commission, with term to expire May 31, 1998:
3rd Congressional District:
Mr. Roger J. Hartman, 344 Knollwood Drive, Anderson, S.C. 29625 VICE David Lee Terry
Referred to the Committee on Judiciary.
Reappointment, Member, State Commission on Higher Education, with term to expire July 26, 1997:
Governor's - At-Large:
Mr. R. Austin Gilbert, Jr., Post Office Box 3009, Florence, S.C. 29501
Referred to the Committee on Education.
Reappointment, Member, Board of Health and Environmental Control, with term to expire June 30, 1997:
2nd Congressional District:
Mr. John Hay Burriss, 130 Haywain Drive, Chapin, S.C. 29036
Referred to the Committee on Medical Affairs.
Initial Appointment, Member, South Carolina Interagency Merit System Council, with term to expire June 30, 1997:
At-Large:
Mr. Steven C. Hairfield, 1078 Stonehenge Drive, Hanahan, S.C. 29406 VICE Harry McDowell
Referred to the Committee on Finance.
March 26, 1993
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Initial Appointment and for Reappointment, Member, State Board of Social Worker Registration, with initial term to expire November 27, 1993, and reappointment term to expire November 27, 1997:
Baccalaureate:
Ms. Yvonne C. Stewart, 874 Forest Brook Drive, Chester, S.C. 29712 VICE Marcia Pantell (moved/resigned)
Referred to the General Committee.
H. 3010 -- Reps. Carnell, Felder, Boan, M.O. Alexander, Barber, Beatty, H. Brown, J. Brown, Cato, Clyborne, Cobb-Hunter, Corning, Cromer, Davenport, Delleney, Elliott, Fulmer, Gamble, Govan, Hallman, Harrelson, J. Harris, P. Harris, Harvin, Hodges, Holt, Jaskwhich, Jennings, Keegan, Kinon, Kirsh, Koon, Lanford, Mattos, McAbee, McCraw, McElveen, McKay, McTeer, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Riser, Rogers, Rudnick, Sheheen, Shissias, R. Smith, Snow, Stille, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Worley, R. Young, Marchbanks, Richardson, Huff, A. Young, Wofford, Graham, Chamblee, Klauber and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-140 SO AS TO LIMIT APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT TO AN AMOUNT NOT TO EXCEED THE BASE REVENUE ESTIMATE, TO DEFINE BASE REVENUE ESTIMATE, TO PROVIDE FOR AN INCREASE IN THE BASE REVENUE ESTIMATE ON THE WRITTEN CERTIFICATION OF THE BOARD OF ECONOMIC ADVISORS, AND TO PROVIDE WHEN AND FOR WHAT PURPOSES SURPLUS REVENUES MAY BE APPROPRIATED.
The PRESIDENT appointed Senators SETZLER, LEATHERMAN and MATTHEWS of the Committee of Conference on March 25, 1993.
The PRESIDENT appointed Senator WASHINGTON of the Committee of Conference on the part of the Senate in lieu of Senator MATTHEWS, and a message was sent to the House accordingly.
On motion of Senator WILLIAMS, with unanimous consent, the Senate staff was granted a holiday on Good Friday, April 9, 1993.
S. 514 -- Senators Greg Smith and Williams: A BILL TO AMEND SECTION 50-18-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFERS OF PERMITTED AQUACULTURE SPECIES AND FEED AND SUPPLIES AND NOTIFICATION OF FISH DIE-OFFS IN EXCESS OF TWO HUNDRED FIFTY FISH, SO AS TO DELETE THE NOTIFICATION REQUIREMENT.
The House returned the Bill with amendments.
On motion of Senator GREG SMITH, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
The following were introduced:
S. 633 -- Senator McConnell: A CONCURRENT RESOLUTION SALUTING THE HONORABLE WILLIAM W. WALKER, FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES FROM CHARLESTON COUNTY, FOR HIS MANY YEARS OF OUTSTANDING AND DEDICATED PUBLIC SERVICE TO THE CITIZENS OF CHARLESTON COUNTY AND OF THE STATE OF SOUTH CAROLINA.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 634 -- Senator Wilson: A CONCURRENT RESOLUTION CONGRATULATING TROOPER FIRST CLASS WILLIAM LOWELL HERRINGTON, JR., OF COLUMBIA, ON BEING SELECTED AS THE "SOUTH CAROLINA HIGHWAY TROOPER OF THE YEAR" FOR 1992 BY THE SOUTH CAROLINA PETROLEUM COUNCIL.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 635 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 14-25-26 AND 22-1-11 SO AS TO PROVIDE THAT MAGISTRATES AND MUNICIPAL JUDGES APPOINTED FOR THE FIRST TIME TO ANY TERM COMMENCING AFTER JANUARY 1, 1994, SHALL SERVE AN INITIAL SIX-MONTH PROBATIONARY PERIOD DURING WHICH THEY MUST COMPLETE A TRAINING PROGRAM AND A CERTIFICATION EXAMINATION, TO PROVIDE THAT FAILURE TO PASS THE CERTIFICATION EXAMINATION SHALL PRECLUDE THE MAGISTRATE OR MUNICIPAL JUDGE FROM SERVING BEYOND THE SIX-MONTH PROBATIONARY PERIOD, TO PROVIDE THAT ALL MAGISTRATES AND MUNICIPAL JUDGES CURRENTLY SERVING IN OFFICE MUST COMPLETE THIS TRAINING PROGRAM AND CERTIFICATION EXAMINATION PRIOR TO REAPPOINTMENT FOR A NEW TERM, TO PROVIDE THAT THE GOVERNOR MUST IMMEDIATELY REMOVE A MAGISTRATE OR MUNICIPAL JUDGE FROM OFFICE UPON NOTIFICATION OF HIS FAILURE TO MEET THE REQUIREMENTS OF THIS SECTION, AND TO PROVIDE THAT NO SUCH MAGISTRATE OR MUNICIPAL JUDGE MAY HOLD OVER IN OFFICE UPON NOTIFICATION OF HIS FAILURE TO MEET THESE REQUIREMENTS.
Read the first time and referred to the Committee on Judiciary.
S. 636 -- Senator Leventis: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 SO AS TO ENACT THE MEDICAL RADIATION HEALTH AND SAFETY ACT; TO CREATE THE SOUTH CAROLINA RADIOLOGIC TECHNOLOGISTS BOARD OF EXAMINERS; TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO ESTABLISH LICENSING REQUIREMENTS, PENALTIES, AND FEES.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 637 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 27, TITLE 58 SO AS TO ENSURE THE SAFETY OF PERSONS ENGAGED IN ACTIVITIES IN PROXIMITY OF HIGH VOLTAGE OVERHEAD LINES AND PROVIDE PENALTIES.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 638 -- Senator Wilson: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 SO AS TO PROVIDE FOR THE REGULATION OF PRIVATE INVESTIGATORS, TO CREATE A STATE BOARD OF INVESTIGATORS AND PROVIDE FOR ITS POWERS AND DUTIES, TO PROVIDE FOR THE QUALIFICATION OF APPLICANTS AND REQUIREMENTS OF APPLICATION FOR PRIVATE INVESTIGATORS, REQUIRE A BOND, PROVIDE FOR THE ISSUANCE OF LICENSES AND FEES, REGISTRATION AND FEES FOR EMPLOYEES OF THE PRIVATE INVESTIGATOR BUSINESS, SUSPENSION AND REVOCATION OF LICENSES, FOR RECIPROCITY AGREEMENTS, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 40-17-20, 40-17-30, 40-17-70, AND 40-17-120, ALL AS AMENDED, AND ACT 78 OF 1991, RELATING TO THE REGULATION OF PRIVATE DETECTIVE AND PRIVATE SECURITY BUSINESSES, SO AS TO DELETE ALL REFERENCES TO PRIVATE DETECTIVES AND PRIVATE DETECTIVE BUSINESSES; PROVIDE FOR THE CONTINUATION OF LICENSES; TO AUTHORIZE THE EXISTENCE OF THE STATE BOARD OF PRIVATE INVESTIGATORS FOR SIX YEARS; AND TO REPEAL SECTIONS 40-17-55, 40-17-75, AND 40-17-145 OF THE 1976 CODE RELATING TO THE REGULATION OF A PRIVATE DETECTIVE.
Read the first time and referred to the Committee on Judiciary.
S. 639 -- Senators Mitchell and Giese: A BILL TO AMEND SECTION 44-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL FITNESS SERVICE CREDIT CONTRACTS, SO AS TO INCREASE THE DURATION OF CONTRACTS FROM ONE TO THREE MONTHS AND THE AMOUNT FROM FIFTY DOLLARS TO FIFTY DOLLARS A MONTH FOR THOSE CONTRACTS THAT MUST CONFORM TO STATUTORY REQUIREMENTS; AND TO AMEND SECTION 44-79-80, AS AMENDED, RELATING TO CERTIFICATES OF AUTHORITY, SO AS TO REQUIRE THE POST OF THESE CERTIFICATES WITHIN VIEW OF THE FRONT ENTRANCE AND TO REQUIRE POSTING OF THE NUMBER OF COMPLAINTS FILED AGAINST THE CENTER.
Read the first time and referred to the Committee on Medical Affairs.
S. 640 -- Senator Reese: A BILL TO AMEND SECTIONS 56-3-2150 AND 56-3-2170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR COUNTY COUNCIL, SO AS TO ADD A SPECIAL LICENSE PLATE FOR THE CIVIL AIR PATROL.
Read the first time and referred to the Committee on Transportation.
S. 641 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO CRITERIA FOR PHYSICIAN SUPERVISION OF NURSES IN THE EXTENDED ROLE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1546, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 642 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO PROFESSIONAL PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1602, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 643 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 13 SO AS TO CREATE THE PEE DEE AUTHORITY, AND PROVIDE FOR THE AUTHORITY'S MEMBERSHIP, POWERS, AND DUTIES AND RELATED MATTERS.
Read the first time and ordered placed on the Calendar without reference.
S. 644 -- Corrections and Penology Committee: A BILL TO AMEND SECTION 20-7-2205, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY, INDETERMINATE COMMITMENT FOR EVALUATION FOR NONCRIMINAL MISCONDUCT, SO AS TO DELETE THE PROVISION THAT AUTHORIZED COMMITMENT FOR AN INDETERMINATE PERIOD NOT TO EXCEED FORTY-FIVE DAYS FOR THE PURPOSE OF EVALUATION.
Read the first time and ordered placed on the Calendar without reference.
H. 3847 -- Reps. Waites, J. Brown, Byrd, Corning, Cromer, Harrison, Neal, Quinn, Rogers, Scott and Shissias: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF JOHN R. T. "BOB" MAJOR, RICHLAND COUNTY CLERK OF COURT, WHO DIED MARCH 9, 1993.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3849 -- Rep. Kelley, Keegan, Martin, Snow, Witherspoon and Worley: A CONCURRENT RESOLUTION TO CONGRATULATE TONY DUNKIN, STUDENT AND OUTSTANDING ATHLETE AT COASTAL CAROLINA COLLEGE, FOR HIS BASKETBALL ACCOMPLISHMENTS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3850 -- Reps. Kelley, Keegan, Martin, Snow, Witherspoon and Worley: A CONCURRENT RESOLUTION TO CONGRATULATE THE COASTAL CAROLINA COLLEGE BASKETBALL TEAM FOR BEING THE WINNINGEST TEAM IN BIG SOUTH HISTORY IN CONFERENCE PLAY.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3851 -- Reps. Kelley, Keegan, Martin, Snow, Witherspoon and Worley: A CONCURRENT RESOLUTION TO CONGRATULATE COACH RUSS BERGMAN FOR HIS OUTSTANDING COACHING ABILITIES IN LEADING THE COASTAL CAROLINA COLLEGE BASKETBALL TEAM TO NATIONAL ATHLETIC RECOGNITION.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3865 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF ROBERT W. WILKES, SR., OF DUNCAN AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3147 -- Reps. Corning, Hallman, Fulmer, Quinn, Clyborne, Jaskwhich, Holt, Barber, A. Young, Davenport, Richardson, Cato, Shissias, Harrison, Hodges, D. Smith, Vaughn, Riser, Beatty, J. Bailey, Gonzales, Littlejohn, Houck, Lanford, R. Young, Meacham, Harrell, Simrill, Rogers, Walker, Thomas, Wright and Waites: A BILL TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF CANDIDATES IN GENERAL ELECTIONS, SECTION 7-11-210, RELATING TO NOTICE OF CANDIDACY, SECTION 7-13-40, AS AMENDED, RELATING TO THE DATE OF PARTY PRIMARIES, CERTIFICATION OF NAMES FOR PRIMARY BALLOTS, AND FILING FEES, AND SECTION 7-13-350, RELATING TO PLACING THE NAME OF CERTIFIED CANDIDATES ON THE BALLOT NOMINATED BY PETITION, PRIMARY, OR CONVENTION, SO AS TO REVISE THE PRIMARY DATE AND RELATED FILING AND CERTIFICATION DATES AND PROVIDE FOR A PRIMARY ON THE FOURTH TUESDAY IN AUGUST.
Read the first time and referred to the Committee on Judiciary.
H. 3370 -- Rep. Waldrop: A BILL TO AMEND SECTION 16-13-425, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL FAILURE TO RETURN RENTED VIDEO OR CASSETTE TAPES, SO AS TO PROVIDE THAT A PERSON IS NOT GUILTY OF THE OFFENSE OF PETIT LARCENY FOR HIS FAILURE TO RETURN THE VIDEO OR CASSETTE TAPE WHERE THE ORIGINAL DOLLAR AMOUNT OF THE LEASE OR RENTAL AGREEMENT IS TWO HUNDRED DOLLARS OR LESS UNLESS HE WILFULLY AND FRAUDULENTLY FAILS TO RETURN THE VIDEO OR CASSETTE TAPE WITHIN SEVENTY-TWO HOURS AFTER A LETTER DEMANDING RETURN OF THE VIDEO OR CASSSETTE TAPE HAS BEEN MAILED TO HIM BY FIRST CLASS MAIL AT HIS LAST KNOWN ADDRESS BY THE OWNER OF THE VIDEO OR CASSETTE TAPE OR HIS AGENT.
Read the first time and referred to the Committee on Judiciary.
H. 3379 -- Rep. Haskins: A BILL TO AMEND SECTION 41-31-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF WARRANTS OF EXECUTION FOR COLLECTION OF EMPLOYMENT SECURITY CONTRIBUTIONS, SO AS TO AUTHORIZE THE SHERIFF OR TAX COLLECTOR ALSO TO COLLECT ANY COSTS INCURRED IN COLLECTING THESE CONTRIBUTIONS AND TO AUTHORIZE THE SHERIFF OR TAX COLLECTOR TO CONTRACT WITH A COLLECTION AGENCY TO COLLECT ALL COSTS AND AMOUNTS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 3770 -- Rep. Harvin: A BILL TO AMEND SECTION 7-7-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO DELETE THE SPECIFIC LOCATIONS OF POLLING PLACES FOR CERTAIN PRECINCTS AND PROVIDE THAT POLLING PLACES MUST BE DETERMINED BY THE CLARENDON COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE CLARENDON COUNTY LEGISLATIVE DELEGATION.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 3787 -- Rep. Walker: A BILL TO AMEND ACT 908 OF 1964, RELATING TO THE CREATION OF THE NEW PROSPECT AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE FROM TWENTY-FIVE TO TWO HUNDRED THOUSAND DOLLARS THE AMOUNT THE DISTRICT MAY BORROW.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 3788 -- Rep. Phillips: A BILL TO AMEND SECTION 56-3-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF FARM TRUCKS, SO AS TO REVISE THE DEFINITION OF FARM TRUCK AND REVISE CERTAIN LICENSE FEES; TO AMEND SECTION 56-5-4020, RELATING TO THE EXEMPTION FROM SIZE, WEIGHT, AND LOAD REQUIREMENTS FOR CERTAIN VEHICLES, SO AS TO REVISE THE LIMITATION ON THE APPLICATION OF THE EXEMPTION TO VEHICLES TWELVE FEET IN WIDTH OR LESS; TO AMEND SECTION 56-5-4150, AS AMENDED, RELATING TO VEHICLE LOAD CAPACITY, SO AS TO REQUIRE THE TRUE UNLOADED WEIGHT SIGN ON FARM TRUCKS; TO AMEND SECTION 56-5-4185, RELATING TO PERMITS FOR COTTON MODULAR VEHICLES, SO AS TO REVISE THE REQUIREMENTS FOR THE PERMIT; AND TO AMEND SECTION 56-5-4900, AS AMENDED, RELATING TO REGULATIONS ON BRAKES AND EXCEPTIONS FOR FARM TRAILERS, SO AS TO REVISE THE EXCEPTIONS FOR FARM TRAILERS.
Read the first time and referred to the Committee on Transportation.
H. 3790 -- Rep. Phillips: A BILL TO AMEND SECTION 59-125-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY, SO AS TO PROVIDE THAT THE GOVERNOR AND STATE SUPERINTENDENT OF EDUCATION AS EX OFFICIO MEMBERS OF THIS BOARD MAY APPOINT A DESIGNEE FOR THEM ON THE BOARD.
Read the first time and referred to the Committee on Education.
H. 3797 -- Reps. J. Wilder and Rhoad: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR ALLENDALE COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF ALLENDALE COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 3808 -- Reps. Huff, Phillips, R. Smith and Byrd: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-11 SO AS TO PROVIDE THAT BY SEPTEMBER 1, 1993, THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP AN ALTERNATIVE ASSESSMENT MECHANISM TO THE WRITTEN PORTION OF THE EXIT EXAM FOR THOSE STUDENTS WHO HAVE ENGLISH AS A SECOND LANGUAGE, AND TO PROVIDE THAT UNTIL THIS ALTERNATIVE IS DEVELOPED, PASSING THE WRITTEN PORTION OF THE EXIT EXAM IS WAIVED FOR THE PURPOSES OF RECEIVING A STATE HIGH SCHOOL DIPLOMA FOR THOSE STUDENTS WHO ARE OTHERWISE QUALIFIED TO RECEIVE THE DIPLOMA.
Read the first time and referred to the Committee on Education.
Senator MITCHELL from the Committee on Corrections and Penology submitted a favorable with amendment report on:
S. 274 -- Senator Rose: A BILL TO AMEND THE CODE LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-615 SO AS TO PROVIDE THAT NO HEARING MAY BE CONDUCTED BY THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES BETWEEN DECEMBER 15 AND THE SUCCEEDING JANUARY 15; AND TO AMEND SECTION 24-21-645, AS AMENDED, RELATING TO PAROLE, SO AS TO PROVIDE FOR A HEARING EVERY FIVE YEARS FOR A PERSON CONVICTED OF A VIOLENT CRIME.
Ordered for consideration tomorrow.
Senator LAND from the Committee on Transportation submitted a favorable with amendment report on:
S. 356 -- Senator McConnell: A BILL TO AMEND TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, BY ADDING CHAPTER 2 SO AS TO PROVIDE FOR THE DESIGNATION OF HIGHWAY DISTRICTS, THE ELECTION OF HIGHWAY COMMISSIONERS BY THE GENERAL ASSEMBLY AT LARGE AND THEIR TERM OF OFFICE, AND TO PROVIDE FOR NEW TERMS OF OFFICE FOR COMMISSIONERS ELECTED FOR TERMS BEGINNING IN 1994; TO AMEND ARTICLE 3, CHAPTER 11, TITLE 57, RELATING TO STATE HIGHWAY BONDS, SO AS TO CREATE A STATE HIGHWAY BOND FUND ACCOUNT AND TO PROVIDE FOR THE REPAYMENT OF BONDS FROM REVENUE DERIVED FROM TAXES LEVIED BY SECTIONS 12-27-1210, 12-27-1220, 12-27-1230, AND 12-27-1240; TO REPEAL ARTICLE 3, CHAPTER 3, TITLE 57 RELATING TO THE STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION AND SECTIONS 12-27-1260 THROUGH 12-27-1300 RELATING TO THE STRATEGIC HIGHWAY PLAN FOR IMPROVING THE MOBILITY AND SAFETY PROGRAM; AND TO PROVIDE THAT THE CODE COMMISSIONER CHANGE CERTAIN REFERENCES IN THE 1976 CODE OF LAWS.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 3763 favorable:
H. 3763 -- Rep. Wright: A CONCURRENT RESOLUTION TO CONGRATULATE THE NATIONAL FEDERATION OF INDEPENDENT BUSINESS FOR FIFTY YEARS OF OUTSTANDING SERVICE AS AN ADVOCATE OF SMALL BUSINESS AND TO DECLARE THE WEEK OF JUNE 27, 1993, AS "NATIONAL FEDERATION OF INDEPENDENT BUSINESS WEEK" IN SOUTH CAROLINA.
Courson Peeler Wilson
Thomas Patterson Russell
O'Dell Passailaigue
Matthews Stilwell
Ordered for consideration tomorrow.
S. 631 -- Senator Short: A CONCURRENT RESOLUTION CONGRATULATING THE CHESTER HIGH SCHOOL LADY CYCLONES ON WINNING THE 1993 GIRLS BASKETBALL STATE CHAMPIONSHIP.
Returned with concurrence.
Received as information.
S. 632 -- Senators Holland, Moore, Courtney and Jackson: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 14, 1993, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR TO THE MEMBER OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE FOURTH CONGRESSIONAL DISTRICT FOR AN UNEXPIRED TERM WHICH WILL EXPIRE IN 1994.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 3756 -- Rep. Stille: A BILL TO AMEND SECTION 7-7-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ABBEVILLE COUNTY, SO AS TO DELETE THE SPECIFIC LOCATIONS OF POLLING PLACES FOR EACH PRECINCT AND PROVIDE THAT THE POLLING PLACES MUST BE DETERMINED BY THE ABBEVILLE COUNTY ELECTION COMMISSION WITH THE APPROVAL OF THE ABBEVILLE COUNTY LEGISLATIVE DELEGATION.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 513 -- Senators Greg Smith and Williams: A BILL TO AMEND SECTION 50-17-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR USE OF INTERTIDAL OR SUBTIDAL BOTTOMS FOR SHELLFISH CULTURE OR MARICULTURE, SO AS TO PROVIDE THAT THE DEPARTMENT MAY INCREASE TO A MAXIMUM OF ONE THOUSAND ACRES THE ACREAGE FOR SHELLFISH MARICULTURE OF AN APPLICANT WHO IS FULLY UTILIZING THE AREAS CURRENTLY PERMITTED, HAS MET PERMIT CONDITIONS, AND HAS DEMONSTRATED A NEED FOR SHELLFISH GROWING AREAS IN EXCESS OF FIVE HUNDRED ACRES.
S. 177 -- Senators Land and Leventis: A BILL TO AMEND SECTION 9-1-1850, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EARLY RETIREMENT, SO AS TO DELETE THE REQUIREMENT THAT THE EMPLOYEE PAY BOTH THE EMPLOYEE AND EMPLOYER COST OF HEALTH AND DENTAL INSURANCE.
S. 508 -- Senators Hayes and Short: A BILL TO PROVIDE FOR SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH THE MEMBERS OF THE BOARDS OF TRUSTEES OF YORK SCHOOL DISTRICT NO. 1, CLOVER DISTRICT NO. 2, ROCK HILL DISTRICT NO. 3, AND FORT MILL DISTRICT NO. 4 MUST BE ELECTED, TO PROVIDE FOR STAGGERING OF THE TERMS OF ALL TRUSTEES AND PROVIDE THAT THE ELECTION OF THESE TRUSTEES FROM THESE DISTRICTS BEGINS AT THE TIME OF THE GENERAL ELECTION OF 1994.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator HAYES proposed the following amendment (WWW\30088DW.93), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. Those members of the governing bodies of York School District No. 1, Clover District No. 2, and Rock Hill District No. 3 serving on the effective date of this act, shall serve the remainder of their term for which they were elected./
Renumber sections to conform.
Amend title to conform.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
Senator PEELER desired to be recorded as voting against the third reading of the Bill.
S. 35 -- Senator Passailaigue: A BILL TO AMEND ARTICLE 7, CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-695, RELATING TO SEPTIC TANKS IN COUNTIES WITH A CITY OF A POPULATION OVER 70,000 PERSONS, SO AS TO REQUIRE SEPTIC TANKS THAT HAVE BEEN PERMANENTLY DISCONNECTED FROM RESIDENTIAL DWELLINGS OR COMMERCIAL ESTABLISHMENTS TO BE DRAINED AND FILLED AND TO PROHIBIT EXPANSION OF EXISTING STRUCTURES OR NEW CONSTRUCTION OVER SEPTIC TANKS THAT HAVE NOT BEEN DRAINED AND FILLED.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Medical Affairs Committee proposed the following amendment (436\11211AC.93), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 44-55-695. A septic tank which has been permanently disconnected from a residential dwelling or a commercial establishment may not be covered by any portion of an expansion to the residential or commercial structure or any new construction on the site unless the disconnected septic tank has been drained and filled to meet soil compaction requirements for residential or commercial construction."/
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bill and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:
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. 626 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE RESIDENTIAL BUILDERS COMMISSION, RELATING TO RESIDENTIAL BUILDERS AND RESIDENTIAL SPECIALTY CONTRACTORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1526, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 255 -- Senators Giese, Reese and Matthews: A BILL TO AMEND TITLE 44, CHAPTER 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEAD AND SPINAL CORD INJURIES, SO AS TO ADD ARTICLE 3 TO CREATE THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY SERVICE DELIVERY SYSTEM TO DEVELOP, COORDINATE, AND ENHANCE DELIVERY OF SERVICES; TO DESIGNATE AGENCY RESPONSIBILITIES IN THE SYSTEM; TO ESTABLISH AN ADVISORY COUNCIL; TO PROVIDE ELIGIBILITY CRITERIA FOR RECEIVING CASE MANAGEMENT SERVICES; TO PROVIDE THAT THIS ARTICLE DOES NOT CREATE AN ENTITLEMENT PROGRAM; AND TO DESIGNATE SECTIONS 44-38-10 THROUGH 44-38-90 AS ARTICLE 1 OF CHAPTER 38, TITLE 44, AND TO RENAME CHAPTER 38 OF TITLE 44.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Medical Affairs Committee proposed the following amendment (436\11226AC.93), which was adopted:
Amend the bill, as and if amended, Section 44-38-330, by deleting on page 2 beginning on line 18 /The University Affiliated Program of the University of South Carolina/ and inserting /An Intake Committee comprised of representatives from the State Department of Mental Retardation and the State Agency of the Department of Vocational Rehabilitation/.
Amend further, Section 44-38-350, by deleting on page 3, beginning on line 21 /The University Affiliated Program/ and inserting /The Intake Committee as provided for in Section 44-38-330/.
Amend further, Section 44-38-360, by deleting, on page 4, beginning on line 18 /the University Affiliated Program/ and inserting /the Intake Committee as provided for in Section 44-38-330/.
Amend further, Section 44-38-380(D) by deleting on page 6, line 34 /Retardation,/ and inserting /Retardation and/ and by deleting beginning on line 35 /Rehabilitation, and the University Affiliated Program of the University of South Carolina/ and inserting /Rehabilitation/.
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 3833 -- Rep. Meacham: A CONCURRENT RESOLUTION COMMENDING THE TOWN OF FORT MILL IN YORK COUNTY UPON ITS PILOT PROGRAM TO START CURBSIDE RECYCLING EFFORTS AND TO ENCOURAGE ALL RESIDENTS OF WHITEVILLE PARK TO ACTIVELY PARTICIPATE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3579 -- Reps. Cooper, Davenport, Townsend, Cato, Robinson, Allison, Wells, Walker, Littlejohn, D. Smith, Wilkins, Marchbanks, P. Harris and Vaughn: A CONCURRENT RESOLUTION TO ENCOURAGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO SEEK AVAILABLE FEDERAL FUNDING IN SUPPORT OF INFRASTRUCTURE GROWTH IN THE COMMUNITIES OF GREENVILLE, ANDERSON, PICKENS, SPARTANBURG, AND LAURENS COUNTIES.
The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the Concurrent Resolution.
The Labor, Commerce and Industry Committee proposed the following amendment (3579R001.LCI), which was adopted:
Amend the concurrent resolution, as and if amended, by striking all after the title, beginning at line 18, and inserting in lieu thereof the following:
/ Whereas, there is presently a climate of dynamic growth and the potential for continued steady growth in the communities of Greenville, Anderson, Pickens, Spartanburg, Laurens, Charleston, Berkeley, and Dorchester counties, and a consortium of business and governmental leaders has been formed to develop long-range infrastructure planning in the Reedy, Saluda, and Enoree River basins; and
Whereas, aid and assistance is also needed for long-range infrastructure planning for Newberry, Saluda, Union, and Lexington counties in the Broad, Enoree, Saluda, Edisto, Tyger, and Congaree River basins;
Whereas, Anderson County is also developing a 201 Plan for the Lower Saluda River basin to meet future needs; and
Whereas, these planning efforts are immediately necessary and entail significant costs. These planners seek aid and assistance from the South Carolina Congressional Delegation to make available relevant funding. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, respectfully urges the South Carolina Congressional Delegation to aid and allocate federal funding for infrastructure planning to benefit Greenville, Anderson, Pickens, Spartanburg, Laurens, Charleston, Berkeley, Dorchester, Newberry, Saluda, Union, and Lexington counties.
Be it further resolved that a copy of this resolution be forwarded to all eight members of the South Carolina Congressional Delegation at Washington, D.C., to the Leadership Infrastructure Consortium, Western Carolina Regional Sewer Authority, the Administrator of Anderson County, and the governing bodies of Charleston, Dorchester, Berkeley, Newberry, Saluda, Union, and Lexington counties. /
Amend title to conform.
There being no further amendments, the Concurrent Resolution was adopted and ordered returned to the House with amendments.
S. 466 -- Senators Thomas, Courson, Mitchell and Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 113 TO TITLE 44 SO AS TO ENACT THE PROVIDER SELF-REFERRAL ACT; TO PROHIBIT HEALTH CARE PROVIDERS FROM REFERRING PATIENTS TO FACILITIES AND SERVICES IN WHICH THE PROVIDER HAS A FINANCIAL INTEREST UNLESS CERTAIN CONDITIONS ARE MET; TO PROVIDE PENALTIES; TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO GATHER DATA AND TO REPORT TO THE GENERAL ASSEMBLY.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Medical Affairs Committee proposed the following amendment (436\11220AC.93):
Amend the bill, as and if amended, by striking SECTIONS 3, 4, and 5 and inserting:
/SECTION 3. Title 44 of the 1976 Code is amended by adding:
Section 44-113-10. This chapter may be cited as the `Provider Self-Referral Act of 1993'.
Section 44-113-20. As used in this chapter:
(1) `Board' means any of the boards created pursuant to Title 40, as amended, to license, certify, or register health care professionals.
(2) `Comprehensive rehabilitation services' means services that are provided by health care professionals licensed under Chapter 36, Chapter 45, or Chapter 67 of Title 40 to provide speech, occupational, or physical therapy services on an outpatient or ambulatory basis.
(3) `Department' means the South Carolina Department of Health and Environmental Control.
(4) `Designated health services' means any health care procedure, service, or item provided by a health care provider.
(5) `Entity' means an individual, partnership, firm, corporation, or other business entity.
(6) `Fair market value' means value in arms length transactions, consistent with the general market value, and, with respect to rentals or leases, the value of rental property for general commercial purposes, not taking into account its intended use, and in the case of a lease of space, not adjusted to reflect the additional value the prospective lessee or lessor would attribute to the proximity or convenience to the lessor where the lessor is a potential source of patient referrals to the lessee.
(7) `Health care facility' means a health care facility as defined in Section 44-7-130(1O).
(8) `Health care provider', `provider', or `health care professional' means a person licensed, certified, or registered under the laws of this State to provide health care services.
(9) `Immediate family member' means a health care provider's spouse, child, child's spouse, grandchild, grandchild's spouse, parent, parent-in-law, or sibling.
(10) `lnvestment interest' means an equity or debt security issued by an entity, including, except as provided below, but not limited to, shares of stock in a corporation, units or other interests in a partnership, bonds, debentures, notes, other equity interests, or debt instruments. The following investment interests are excepted from this definition:
(a) an investment interest in an entity that is the sole provider of designated health services in a rural area; or
(b) an investment interest in real property resulting in a landlord-tenant relationship between the health care provider and the entity in which the equity interest is held, unless the rent is determined, in whole or in part, by the business volume or profitability of the tenant or exceeds fair market value;
(c) an investment interest in an entity which owns or leases and operates a hospital or a nursing home facility licensed under Title 44, Chapter 7;
(d) an investment interest acquired before June 15, 1993;
(e) an investment interest in an entity which provides health care services pursuant to a health services network.
(11) `Investor' means a person or entity owning a legal or beneficial ownership or investment interest, directly or indirectly, including, but not limited to, through an immediate family member, trust, or corporation, the stock of which is owned in whole or in part by the investor or another entity related to the investor.
(12) `Referral' means a referral of a patient by a health care provider for health care services, including, but not limited to:
(a) the forwarding of a patient by a health care provider to another health care provider or to an entity outside the health care professional's office or group practice which provides or supplies designated health services or any other health care item or service; or
(b) the request or establishment of a plan of care by a health care provider, which includes the provision of a designated health service or any other health care item or service outside the health care professional's office or group practice.
(13) `Rural area' means a county with a population of one hundred thousand persons or less according to the latest United States census.
(14) `Group practice' means a group of two or more health care professionals legally organized as a partnership, professional corporation, not-for-profit corporation, faculty practice plan, or similar association in which:
(a) each health care professional who is a member, employee, or independent contractor of the group provides substantially the full range of services which the professional routinely provides, including consultation, diagnosis, and treatment through the use of office space, facilities, equipment, and personnel of the group;
(b) substantially all of the services of the health care professionals who are members of the group are provided through the group and are billed in the name of the group and amounts so received are treated as receipts of the group; and
(c) the overhead expenses of and the income from the practice are distributed by methods previously determined by the group.
(15) `Office practice' means the facility or facilities at which a health care professional, on an ongoing basis, provides or supervises the provision of health services to individuals.
Section 44-113-30. (A) Except as provided in this section and other provisions of this chapter, a health care provider may not refer a patient for the provision of designated health services to an entity in which the health care provider is an investor or has an investment interest. However, this prohibition does not apply to:
(1) an investment interest where the health care professional directly provides the health care services within the entity or will be personally involved in the provision, supervision, or direction of care to the referred patient.
(2) the provider's investment interest is in registered securities purchased on a national exchange or over-the-counter market and issued by a publicly-held corporation:
(a) whose shares are traded on a national exchange or on the over-the-counter market; and
(b) whose total assets at the end of the corporation's most recent fiscal quarter exceeded fifty million dollars; or
(3) with respect to an entity other than a publicly-held corporation described in subsection (A)(2) and a referring provider's investment interest in the entity, each of the following requirements are met:
(a) no more than fifty percent of the value of the investment interests are held by investors who are in a position to make referrals to the entity;
(b) the terms under which an investment interest is offered to an investor who is in a position to make referrals to the entity are no
different from the terms offered to investors who are not in a position to make referrals;
(c) the terms under which an investment interest is offered to an investor who is in a position to make referrals to the entity are not
related to the previous or expected volume of referrals from that investor to the entity;
(d) there is no requirement that an investor make referrals or be in a position to make referrals to the entity as a condition for becoming or remaining an investor;
(B) With respect to an entity or to a publicly-held corporation in subsection (A)(2):
(1) the entity or corporation does not lend funds to or guarantee a loan for an investor who is in a position to make referrals to the entity or corporation if the investor uses any part of the loan to obtain the investment interest;
(2) the amount distributed to an investor representing a return on the investment interest is directly proportional to the amount of the capital investment, including the fair market value of preoperational services rendered in the entity or corporation by that investor.
(C) No claim for payment may be presented by an entity to an individual, third party payor, or other entity for a service furnished pursuant to a referral prohibited under this section.
(D) If an entity collects any amount that was billed in violation of this section, the entity shall refund the amount on a timely basis to the payor or individual, whichever is applicable.
(E) A health care provider who makes a referral prohibited by this section or who fails to disclose information required by Section 44-113-40(A) or presents or causes to be presented a bill or a claim for services that the health care provider knows or should know is for a service for which payment may not be made under subsection (C) or for which a refund has not been made under subsection (D) is subject to a civil penalty of not more than five thousand dollars for each such service to be imposed and collected by the appropriate board.
(F) A health care provider or other entity that enters into an arrangement or scheme which the physician or entity knows or should know has a principal purpose of assuring referrals by the physician to a particular entity which, if the physician directly made referrals to the entity would be in violation of this section, is subject to a civil penalty of not more than twenty-five thousand dollars for each circumvention arrangement or scheme to be imposed and collected by the appropriate board.
(G) A violation of this section by a health care provider constitutes grounds for disciplinary action to be taken by the applicable board. A hospital licensed under Title 44, Chapter 7 found in violation of this section is subject to the regulations promulgated by the department.
(H) A hospital licensed under Title 44, Chapter 7 that discriminates against or otherwise penalizes a health care provider for compliance with this chapter is subject to a civil penalty of not more than one hundred thousand dollars to be imposed and collected by the department.
(I) Each board, and in the case of hospitals, the department, shall encourage the use by licensees of an advisory opinion procedure to determine the applicability of this section or any regulation promulgated pursuant to this section as it applies solely to the licensee.
Section 44-113-40. (A) A health care provider may refer a patient to an entity in which the health care provider is an investor if the referral is permitted under Section 44-113-20(10)(d) or Section 44-113-30(A)(3) if before the referral the provider furnishes the patient with a written disclosure form informing the patient of:
(1) the existence of the investment interest;
(2) the name and address of each applicable entity to which a referral is made in which the referring health care provider is an investor;
(3) the patient's right to obtain the item or services for which the patient has been referred at the location or from the provider or supplier of the patient's choice, including the entity in which the referring provider is an investor;
(4) the name and addresses of at least two alternative sources of these items or services available to the patient;
(5) a schedule of typical fees for items or services usually provided by the entity or, if impracticable because of the nature of the treatment, a written estimate specific to the patient.
(B) The referring provider must obtain the patient's signature that the information required under subsection (A) has been provided to the patient.
Section 44-113-50. The results of an action taken by the respective boards pursuant to this chapter must be reported promptly to the department with a full description of the proceedings.
Section 44-113-60. (A) As used in this section, the term `kickback' means a remuneration or payment back pursuant to an investment interest, compensation arrangement, or otherwise by a provider of health care services or items of a portion of the charges for services rendered to a referring health care provider as an incentive or inducement to refer patients for future services or items when the payment is not tax deductible as an ordinary and necessary expense.
(B) It is unlawful for a health care provider or a provider of health care services to offer, pay, solicit, or receive a kickback, directly or indirectly, overtly or covertly, in cash or in kind, for referring or soliciting patients.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than 30 days.
Section 44-113-70. Any employer providing health insurance benefits to its employees may report instances of alleged over-utilization of services to the South Carolina Department of Insurance pursuant to Section 38-55-170.
Section 44-113-80. A health care professional permitted under Section 44-113-20(10)(d) to make referrals to an entity in which the health care professional has an investment interest must submit information to the department, including the professional's name, name of the entity, and the percentage of the health care professional's ownership."
SECTION 4. This act takes effect upon approval by the Governor and applies to referrals for designated health services or any other health care item or service made on or after this act's effective date. However, the written disclosure requirements in Section 44-113-40 take effect thirty days after approval by the Governor. With respect to an investment interest acquired before June 15, 1993, this act does not apply except the disclosure requirements of Sections 44-113-40 and 44-113-90, as added by Section 3 of this act, apply./
Amend title to conform.
Senator THOMAS explained the amendment.
Senator LEATHERMAN objected to further consideration of the Bill.
S. 487 -- Senator Rose: A BILL TO AMEND ARTICLE 3, CHAPTER 5, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORONERS, BY ADDING SECTION 17-5-130, SO AS TO PROVIDE FOR THE QUALIFICATIONS AND AGE REQUIREMENTS TO HOLD THE OFFICE OF CORONER.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator ROSE argued contra to adoption of the committee amendment.
Senator HOLLAND objected to further consideration of the Bill.
S. 488 -- Senator Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LAW ENFORCEMENT OFFICIALS, PROSECUTORS, ADMINISTRATIVE OFFICERS, AND THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW FOR THE AGE AND QUALIFICATIONS OF CORONERS.
The Senate proceeded to a consideration of the Joint Resolution. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD488.001), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 22, in SECTION 1, by striking
/ the second paragraph of / .
Amend title to conform.
Senator ROSE explained the amendment.
Senator HOLLAND objected to further consideration of the Joint Resolution.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 2 (25R003.JFM) proposed by Senators McCONNELL and ROSE and previously printed in the Journal of Thursday, April 1, 1993.
On motion of Senator LEATHERMAN, with unanimous consent, the Bill was carried over.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 215 -- Senators Elliott, Rankin, Greg Smith, Reese, McConnell, Wilson, Bryan, McGill, Short, Richter, Lander, Mescher, Passailaigue, Ford, Jackson, Gregory and Martin: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 136 SO AS TO PROVIDE THAT COASTAL CAROLINA COLLEGE, A FOUR-YEAR REGIONAL BRANCH OF THE UNIVERSITY OF SOUTH CAROLINA, SHALL BECOME COASTAL CAROLINA UNIVERSITY ON JULY 1, 1993, AND SHALL BE A SEPARATE AND DISTINCT INSTITUTION OF HIGHER LEARNING OF THE STATE OF SOUTH CAROLINA, TO PROVIDE FOR A BOARD OF TRUSTEES WHICH SHALL GOVERN THE UNIVERSITY, TO PROVIDE FOR THE BOARD'S POWERS, DUTIES, AND FUNCTIONS, TO AUTHORIZE THE UNIVERSITY TO ISSUE REVENUE BONDS, AND TO PROVIDE FOR CERTAIN TRANSITIONAL PROVISIONS, INCLUDING THE TRANSFER OF PERSONNEL, ASSETS, LIABILITIES, AND BONDED INDEBTEDNESS.
Senator RANKIN moved that the Bill be made a Special Order.
Senator LEVENTIS was recognized to speak on the motion.
Senator RYBERG raised a Point of Order that the motion under Rule 34B was out of order inasmuch as the Bill had not been on the Calendar for a minimum of six statewide legislative days.
The PRESIDENT sustained the Point of Order.
S. 293 -- Senators Mitchell and Mescher: 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 TRAILER, SEMITRAILER, POLE TRAILER, OR UTILITY TRAILER MUST BE PAINTED WITH A LIGHT REFLECTING PAINT OR AFFIXED WITH A LIGHT REFLECTING TAPE IN A STRIP TO ENCOMPASS THE ENTIRE PERIMETER OF THE VEHICLE.
Senator MITCHELL moved that the Bill be made a Special Order.
The Bill was made a Special Order.
MOTION ADOPTED
On motion of Senator McGILL, with unanimous consent, the Senate stood adjourned in honor of John Scott McGill, IV, age 10, who was visiting today in Columbia, South Carolina.
MOTION ADOPTED
On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Reverend Voigt Kleckley of Lexington, South Carolina.
MOTION ADOPTED
On motion of Senator LANDER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Merle Putman Prince.
At 12:55 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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