Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 9:30 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, May 10th is Confederate Memorial Day. As we remember the more than 20,000 South Carolinians alone who died on the battlefields or in prisons and the multitudes of others who suffered during and after The War, we are aware of "the cloud of witnesses" that taught us to love this land and who look down from Heaven and join us in the prayer of St. Francis of Assisi. (Silent Prayer).
Let us Pray:
"Lord make me an instrument of Thy peace.
Where there is hatred, let me sow love.
Where there is injury, Thy pardon, Lord.
Where there is doubt, let there be faith.
Where there's despair, let me bring hope.
Where there is darkness, let there be light.
Where there is sadness, let there be joy.
O Divine Master, grant that I may not
so much seek to be consoled as to console.
To be understood as to understand, to be
loved as to love.
For it is in giving that we receive, and
it is in pardoning that we are pardoned.
And it is in dying that we are born to
eternal life."
And finally, dear Lord, unite us forever that we may forever sing together:
"America the Beautiful."
Amen.
Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator LEATHERMAN moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Gregory
Hayes Holland Jackson
Land Lander Leatherman
Leventis Macaulay Martin
Matthews McConnell McGill
Mescher Mitchell Moore
O'Dell Passailaigue Patterson
Peeler Rankin Reese
Richter Rose Russell
Ryberg Saleeby Setzler
Short Smith, G. Smith, J.V.
Stilwell Thomas Waldrep
Washington Williams Wilson
The Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
April 28, 1994
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, Member, South Carolina Arts Commission, with term to commence June 30, 1994, and to expire June 30, 1997:
At-Large:
Mrs. Linda C. Stern, 2134 Bermuda Hills Road, Columbia, S.C. 29223 VICE Betsy S. Terry
Referred to the General Committee.
Initial Appointment, Member, Commission on Consumer Affairs, with term to commence September 1, 1992, and to expire September 1, 1996:
At-Large:
Mr. William Patrick Flack, 2041 Bolt Drive, Anderson, S.C. 29621 VICE Harry Walker
Referred to the Committee on Banking and Insurance.
May 6, 1994
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, Member, State Human Affairs Commission, with term to commence June 30, 1994, and to expire June 30, 1997:
5th Congressional District:
Ms. Gloria G. Rosemond, 1809 West Buford Street, Gaffney, S.C. 29341 VICE Susie M. Spradley
Referred to the Committee on Judiciary.
Senator RYBERG introduced Dr. Gaston G. Machado of Aiken, S.C., Doctor of the Day.
H. 3094 -- Reps. Kirsh and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-735 SO AS TO PROVIDE THAT BUNGY JUMPING AND REVERSE BUNGY JUMPING ARE UNLAWFUL AND TO PROVIDE PENALTIES FOR VIOLATION.
Senator ROSE asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senators WILLIAMS and RANKIN spoke on the amendment.
The Bill was read the second time and ordered placed on the third reading Calendar.
H. 5039 -- Reps. Snow, Harvin and Kennedy: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO THREE HUNDRED THIRTY-SIX THOUSAND FIVE HUNDRED DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF ERECTING A BUILDING FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION IN WILLIAMSBURG COUNTY.
Senator LAND asked unanimous consent to make a motion to recall the Resolution from the Committee on Finance.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question being the second reading of the Resolution.
The Resolution was read the second time and ordered placed on the third reading Calendar.
On motion of Senator LAND, H. 5039 was ordered to receive a third reading on Wednesday, May 11, 1994.
The following were introduced:
S. 1407 -- Senators Land and Leventis: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS AND ADMIRERS OF CHARLES ALEXANDER HARVIN, JR., OF SUMMERTON WHO DIED SUNDAY, MAY 8, 1994, AND OFFER PRAYERS TO OUR FRIEND AND COLLEAGUE, CHARLES ALEXANDER HARVIN, III.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
Senator GIESE from the Committee on Medical Affairs submitted a favorable with amendment report on:
H. 4775 -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4, CHAPTER 7, TITLE 44 SO AS TO ENACT THE HEALTH CARE COOPERATION ACT, WHICH PROVIDES FOR HEALTH CARE COOPERATIVE AGREEMENTS AND FOR THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CERTIFY, REGULATE, AND MONITOR THESE AGREEMENTS.
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
H. 4974 -- Reps. Boan and Hodges: A JOINT RESOLUTION PROVIDING THE USE OF FUNDS AND MAKING APPROPRIATIONS FROM PRUDENTIAL BACHE SETTLEMENT REVENUES.
Senator PASSAILAIGUE asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question being the third reading of the Resolution.
Senators PASSAILAIGUE, RICHTER and SETZLER proposed the following amendment (4974R001.ELP), which was adopted:
Amend the bill, as and if amended, by inserting a new Section 3 to read as follows:
/SECTION 3. The State Department of Education may transfer an amount not to exceed five hundred thousand dollars appropriated in the general appropriations act for fiscal year 1993-94 to fund the Education Finance Act to cover operating expenses of school bus shops obligated and paid during fiscal year 1993-94. Immediately after closing the financial records for fiscal year 1993-94, the Department of Education must transfer all unexpended funds transferred for school bus maintenance from the Education Finance Act to the School Building Fund./
Renumber remaining sections to conform.
Amend title to conform.
Senators PASSAILAIGUE and SETZLER explained the amendment.
Senator SETZLER proposed the following amendment (N05\7880BDW.94), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 56-3-2320(A) of the 1976 Code, as last amended by Section 1388, Act 181 of 1993 and Section 105B, Part II, Act 164 of 1993, is further amended by inserting before the last unnumbered paragraph:
"A dealer license plate is allowed on a motor vehicle which the dealer lends to a public or private school for use in a driver education program. A plate used for this purpose may be obtained without fee and without regard to the limit on plates issued pursuant to this section. When the motor vehicle is no longer used for driver education, the dealer shall surrender the plate to the department."/
Renumber sections to conform.
Amend title to conform.
Senators PASSAILAIGUE and SETZLER explained the amendment.
There being no further amendments, the Resolution was read the third time and ordered returned to the House of Representatives with amendments.
The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:
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.
Senator MACAULAY asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator LEATHERMAN objected to consideration of any Bills or Resolutions on the statewide uncontested Calendar.
THE SENATE PROCEEDED TO A CONSIDERATION OF H. 4820, THE GENERAL APPROPRIATION BILL.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
Senator J. VERNE SMITH proposed the following Amendment No. 15 (012.DLR), which was tabled:
Amend the bill, as and if amended, Part IA, Section 6C, Governor's Office - Executive Policy & Programs, page 40, line 36 by:
COLUMN 7 COLUMN 8
STRIKING: 32,000 32,000
( ) ( )
INSERTING: 80,954 80,954
( ) ( )
Amend sections, totals and title to conform.
Senator J. VERNE SMITH explained the amendment.
Senator J. VERNE SMITH moved to lay the amendment on the table.
The amendment was laid on the table.
On motion of Senator WASHINGTON, at 9:30 A.M., Senator GLOVER was granted a leave of absence for today.
Senator LEVENTIS proposed the following Amendment No. 97 (016.BBH), which was adopted:
Amend the bill, as and if amended, Part IA, Section 8, SECRETARY OF STATE'S OFFICE, page 0045, line 10 by:
COLUMN 7 COLUMN 8
STRIKING: 178,519 138,519
INSERTING: 428,519 138,519
Amend sections, totals and title to conform.
Senator J. VERNE SMITH spoke on the amendment.
Senator J. VERNE SMITH moved that the amendment be adopted.
The amendment was adopted.
Senator RICHTER proposed the following Amendment No. 61 (4820R011.LER), which was tabled:
Amend the bill, as and if amended, Part IA, Section 11, Attorney General's Office, page 52, line 5 by:
COLUMN 7 COLUMN 8
STRIKING: 3,577,540 3,577,540
( ) ( )
INSERTING: 3,783,782 3,783,782
( ) ( )
Amend sections, totals and title to conform.
Senator DRUMMOND spoke on the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
At 10:15 A.M., Senator ROSE requested a leave of absence until 12:00 Noon.
Senator LAND proposed the following Amendment No. 36 (CYY\16224HC.94), which was adopted:
Amend the report, as and if amended, Part IA, Section 14, Commission on Indigent Defense, page 55, by inserting immediately after line 12:
COLUMN 7 COLUMN 8
/Conflict Fund 1,000,000/
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senators LAND and SALEEBY proposed the following Amendment No. 87 (N05\7887BDW.94), which was tabled:
Amend the bill, as and if amended, Part IA, Section 16, Election Commission, page 62, after line 32 by inserting:
COLUMN 7 COLUMN 8
/DARLINGTON COUNTY
AUTOMATED VOTING
SYSTEMS 100,000 100,000/
Amend sections, totals and title to conform.
Senator DRUMMOND spoke on the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator LEATHERMAN proposed the following Amendment No. 98 (4820R215.HKL), which was adopted:
Amend the bill, as and if amended, Part IA, Section 18, Francis Marion University, page 154, line 15 by:
COLUMN 7 COLUMN 8
STRIKING: (7.00)
INSERTING: (14.00)
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
Senator REESE proposed the following Amendment No. 3 (001.DLR), which was tabled:
Amend the bill, as and if amended, Part IA, Section 30, Department of Health & Environmental Control, page 300, line 5 by inserting:
COLUMN 7 COLUMN 8
Spartanburg Dental Project 156,000 156,000
Amend sections, totals and title to conform.
Senator REESE argued in favor of the adoption of the amendment and Senator J. VERNE SMITH argued contra.
Senator REESE moved that the amendment be adopted.
Senator J. VERNE SMITH moved to lay the amendment on the table.
The amendment was laid on the table.
Senator LAND proposed the following Amendment No. 105 (037.DLR), which was adopted:
Amend the bill, as and if amended, Part IA, Section 64, Department of Revenue and Taxation, page 459, line 33 by:
COLUMN 7 COLUMN 8
STRIKING: 872,616 872,616
( ) ( )
INSERTING: 783,360 783,360
( ) ( )
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senators PASSAILAIGUE and McCONNELL proposed the following Amendment No. 92 (013.BBH), which was tabled:
Amend the bill, as and if amended, Part 1B, Section 3, LEGISLATIVE DEPARTMENT, page 526, Proviso 3.61, right column, line 40 by striking lines 40 through 44 and inserting the following:
"population of 75,798. Beginning January 1, 1997, the allowance shall be computed at the rate of $0.013193 per capita."
Amend sections, totals and title to conform.
Senator WILSON made a Parliamentary Inquiry as to whether or not there were any provisions governing the increase of compensation of members during their terms of office.
The PRESIDENT referred the Senator to the provisions of Section 19 of Article III of the Constitution and called his attention to the language, "no General Assembly shall have the power to increase the per diem of its own members ...." [Emphasis added].
Senator PASSAILAIGUE explained the amendment.
Senator LAND argued contra to the amendment.
Senator WILSON spoke on the amendment.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
Senator HOLLAND spoke on the amendment.
Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
Senators WILSON, RYBERG, PEELER, PASSAILAIGUE, COURSON, MOORE and SETZLER desired to be recorded as voting against the motion to table the amendment.
At 11:15 A.M., Senator PATTERSON assumed the Chair.
On motion of Senator PATTERSON, at 11:20 A.M., Senator MITCHELL was granted a leave of absence for today.
Senator ROSE proposed the following Amendment No. 113 (005.BBH), which was tabled:
Amend the bill, as and if amended, Part 1B, Section 18K, UNIVERSITY OF SOUTH CAROLINA, page 558, left column, line 26, by adding a new proviso to read:
18K._ (Excess Income Report) The University of South Carolina shall report to the General Assembly by January 1, 1995, the financial and programmatic impact of the USC Medical School and all of the USC Medical School affiliates returning to the General Fund of the State after the close of each fiscal year, all income generated annually in excess of operating costs for that fiscal year.
Amend sections, totals and title to conform.
Senator ROSE explained the amendment.
Senators WILLIAMS and GIESE argued contra to the adoption of the amendment.
Senator GIESE moved to lay the amendment on the table.
The amendment was laid on the table.
Senator MACAULAY proposed the following Amendment No. 80 (4820.015), which was adopted:
Amend the bill, as and if amended, Part 1B, Section 19, Department of Education, page 560, Proviso 19A.14, right column, line 23 by striking lines 23 through 28 and inserting the following:
/Funding shall be at least the amount received by these school districts in the prior fiscal year from the funding appropriated to the Department of Education from General Funds and shall be distributed to those Day Care Programs that have met the standards as set by the Department of Education in 1983-84./
Amend sections, totals and title to conform.
Senator MACAULAY explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator THOMAS proposed the following Amendment No. 111 (006.SD), which was adopted:
Amend the bill, as and if amended, Part 1B, Section 19, Department of Education, page 569, Proviso 19.73, left column, line 12 by striking the word /implementation/ and inserting the following:
/field-testing in selected schools or districts/.
Amend the bill further, as and if amended, Part 1B, Section 19, Department of Education, page 569, Proviso 19.73, left column, line 19 by adding after /grade 6/ the following:
/; all other Basic Skills tests will continue to be administered in the established grades./.
Amend sections, totals and title to conform.
Senator THOMAS explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator GIESE proposed the following Amendment No. 102 (008.BBH), which was tabled:
Amend the bill, as and if amended, Part 1B, Section 19, DEPARTMENT OF EDUCATION, page 570, Proviso 19A.3, right column, line 10 striking: "$50,000" and inserting the following: "a per capita share of the $2,300,000 of EIA funds provided herein for adult education"
Amend sections, totals and title to conform.
Senator GIESE explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator REESE proposed the following Amendment No. 2 (002.DLR), which was tabled:
Amend the bill, as and if amended, Part 1B, Section 30, Department of Health & Environmental Control, page 594, Proviso 30.45, left column, line 18 by striking line 18 and inserting the following:
30.45 (DHEC:Dental Care Program) Of the funds appropriated in this section, $156,000 shall be allocated to the Spartanburg County Health Planning Commission Dental Care Program.
Amend sections, totals and title to conform.
Senator J. VERNE SMITH spoke on the amendment.
Senator J. VERNE SMITH moved to lay the amendment on the table.
The amendment was laid on the table.
Senator REESE proposed the following Amendment No. 58 (026.DLR), which was tabled:
Amend the bill, as and if amended, Part 1B, Section 31, Department of Mental Health, page 594, Proviso 31.3, right column, line 21 by striking line 21 and inserting the following:
Emotions, $50,000 for New Day Clubhouse, $50,000 for Palmetto Pathways, and up to $685,000
Amend sections, totals and title to conform.
Senator REESE explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator MOORE proposed the following Amendment No. 116 (035.DLR), which was adopted:
Amend the bill, as and if amended, Part 1B, Section 35, Department of Social Services, page 600, left column, line 9, by adding a new proviso to read:
35.__ Notwithstanding the provisions of Section 20-7-1640, of the SC Code of Laws, 1976, as amended, the Department is authorized to pay from funds appropriated in this section the costs of Federal Bureau of Investigation fingerprint reviews for foster care families recruited, selected and licensed by the Department.
Amend sections, totals and title to conform.
Senator MOORE explained the amendment.
Senator J. VERNE SMITH moved that the amendment be adopted.
The amendment was adopted.
Senator RICHTER proposed the following Amendment No. 63 (4820R008.LER), which was tabled:
Amend the bill, as and if amended, Part 1B, Section 41, Department of Corrections, page 601, Proviso 41.15, right column, line 37, by inserting:
/(CORR: Weight Rooms for Inmate Recreational Use) No state funds may be used by the Department of Corrections to maintain or operate weight rooms for recreational use by inmates incarcerated in department facilities, and no state funds may be used to purchase or maintain equipment or for personnel for such purposes beyond that which is currently in inventory./
Amend sections, totals and title to conform.
Senator RICHTER argued in favor of the adoption of the amendment and Senators MITCHELL and GIESE argued contra.
Senator DRUMMOND spoke on the amendment.
At 12:07 P.M., the PRESIDENT assumed the Chair.
Senator MITCHELL moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courtney Drummond
Giese Holland Jackson
Land Leatherman Macaulay
Matthews McGill Mescher
Mitchell Passailaigue Patterson
Rankin Saleeby Smith, G.
Smith, J.V. Stilwell Thomas
Waldrep Washington Williams
Cork Courson Elliott
Gregory Hayes Lander
Martin McConnell Moore
O'Dell Peeler Reese
Richter Ryberg Setzler
Short Wilson
The amendment was laid on the table.
Senators ELLIOTT and MACAULAY proposed the following Amendment No. 99 (4820R510.DE), which was adopted:
Amend the bill, as and if amended, Part 1B, Section 63, page 610, left column, line 29, by adding a new proviso to read:
/63. Of the funds authorized in Program VI of Section 63 of Part IA for the Division of Professional and Occupational Licensing, $373,690 must be used to operate the Board of Dentistry and $45,961 must be used to operate the Board of Opticianry Examiners, notwithstanding the provisions of Chapter 20 of Title 1 of the 1976 Code as amended./
Amend sections, totals and title to conform.
Senator MACAULAY explained the amendment.
Senator MACAULAY moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 103 (010.DLR), which was adopted:
Amend the bill, as and if amended, Part 1B, Section 70, Department of Transportation, page 615, Proviso 70.14, right column, line 23 by striking lines 23 through 41 and inserting the following:
70.14. (DOT: Accounting Functions Transferred to Comptroller General and State Treasurer) The Department of Transportation shall transfer $471,500 $330,050 to the Comptroller General's Office and $78,593 to the State Treasurer's Office General Fund for the purpose of servicing the accounting and payroll functions of the Department. The Department shall coordinate this transfer so as to provide continuity in fiscal matters, including uninterrupted payment of personnel Comptroller General's Office. The Department of Transportation shall transfer $86,483 to the General Fund for servicing the functions of the State Treasurer's Office. The Department of Public Safety and the Department of Revenue and Taxation shall each transfer to the General Fund $70,725 for servicing the accounting and payroll functions of the Comptroller General's Office. The Department of Public Safety and the Department of Revenue and Taxation shall each transfer to the General Fund $18,531 for servicing the accounting and payroll functions of the State Treasurer's Office. The Department is further authorized to realign its FY 1993-94 authorizations into a revised structure during the first half of the fiscal year in order to reflect program changes to allow for the proper budgeting of DOT operations.
Amend section, totals and title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 95 (4820R311.NGS), which was adopted:
Amend the bill, as and if amended, Part 1B, Section 70, Department of Transportation, page 616, left column, line 16, by adding a new proviso to read:
/70. (Dealer Plates for Driver Education) The Department is authorized to expend funds which have been appropriated for its use to fabricate and sell a dealer license plate for use on a motor vehicle which the dealer loans to a public or private school for use in a driver education program. A dealer may obtain a plate to be used for this purpose by paying a fee of $20.00 and such plates are in addition to dealer plates authorized to be issued under the provision of Section 56-3-2320. When a motor vehicle bearing a plate authorized under the provision is no longer used for driver education, the dealer shall surrender the plate to the department./
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 74 (010.BBH):
Amend the bill, as and if amended, Part II, Section 6, page 635-636, right column, line 30, by striking the section in its entirety.
Amend sections, totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator J. VERNE SMITH moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Drummond Ford
Hayes Holland Jackson
Land Leatherman Leventis
Matthews McGill Moore
O'Dell Patterson Rankin
Saleeby Smith, J.V. Waldrep
Washington Williams
Cork Courson Courtney
Elliott Giese Gregory
Lander Macaulay Martin
McConnell Mescher Passailaigue
Peeler Reese Richter
Rose Russell Ryberg
Smith, G. Stilwell Thomas
Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Debate was interrupted by recess.
At 12:45 P.M., on motion of Senator BRYAN, the Senate receded from business until 2:00 P.M.
The Senate reassembled at 2:07 P.M. and was called to order by the PRESIDENT.
On motion of Senator WILSON, with unanimous consent, Senators STILWELL, GREGORY, FORD, HAYES and WILSON were granted leave to attend a subcommittee meeting and to be counted in any quorum calls.
Senator DRUMMOND made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator DRUMMOND moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Gregory
Hayes Holland Jackson
Land Lander Leatherman
Leventis Macaulay Martin
Matthews McConnell McGill
Mescher Moore O'Dell
Passailaigue Patterson Peeler
Rankin Reese Richter
Rose Russell Ryberg
Saleeby Setzler Short
Smith, G. Smith, J.V. Stilwell
Thomas Waldrep Washington
Williams Wilson
The Senate resumed.
The following were introduced:
H. 5199 -- Reps. G. Brown, Canty, McElveen, McLeod and Neal: A CONCURRENT RESOLUTION CONGRATULATING KAREN E. BURGESS OF HILLCREST HIGH SCHOOL, SUMTER SCHOOL DISTRICT TWO, ON HER ACADEMIC AND SCHOLARSHIP HONORS AND AWARDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5200 -- Reps. G. Brown, Canty, McElveen, McLeod and Neal: A CONCURRENT RESOLUTION CONGRATULATING JAMES E. MAHONEY, JR., OF HILLCREST HIGH SCHOOL, SUMTER SCHOOL DISTRICT TWO, ON HIS ACADEMIC AND SCHOLARSHIP HONORS AND AWARDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5201 -- Reps. G. Brown, Canty, McElveen, McLeod and Neal: A CONCURRENT RESOLUTION CONGRATULATING CHRISTOPHER A. MEREDITH OF HILLCREST HIGH SCHOOL, SUMTER SCHOOL DISTRICT TWO, ON HIS ACADEMIC AND SCHOLARSHIP HONORS AND AWARDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5202 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING MS. BETH ANN HOLTZCLAW OF ANDERSON ON RECEIVING THE "YOUTH IN ACTION" AWARD FROM THE FOOTHILLS UNITED WAY AND THE JUNIOR LEAGUE OF ANDERSON.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5203 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING MRS. LINDA JO ANDERSON OF BELTON ON BEING NAMED THE RECIPIENT OF THE "SERVICE TO THE CHILD" AWARD BY THE FOOTHILLS UNITED WAY AND THE JUNIOR LEAGUE OF ANDERSON.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5204 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING MRS. WILLIE MAE LEE OF BELTON ON BEING NAMED THE "COMMUNITY VOLUNTEER OF THE YEAR" BY THE FOOTHILLS UNITED WAY AND THE JUNIOR LEAGUE OF ANDERSON.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
S. 1404 -- Senators Patterson, Giese, Jackson and Courson: A CONCURRENT RESOLUTION CONGRATULATING JOHN W. FLING OF COLUMBIA ON BEING NAMED THE "1994 OUTSTANDING OLDER SOUTH CAROLINIAN".
Returned with concurrence.
Received as information.
S. 1406 -- Senators Giese, J. Verne Smith and Richter: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, MAY 11, 1994, AS "SAFE KIDS DAY" IN SOUTH CAROLINA.
Returned with concurrence.
Received as information.
S. 1407 -- Senators Land and Leventis: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS AND ADMIRERS OF CHARLES ALEXANDER HARVIN, JR., OF SUMMERTON WHO DIED SUNDAY, MAY 8, 1994, AND OFFER PRAYERS TO OUR FRIEND AND COLLEAGUE, CHARLES ALEXANDER HARVIN, III.
Returned with concurrence.
Received as information.
H. 4919 -- Reps. T.C. Alexander and Graham: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR OCONEE COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF OCONEE COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.
Senator MACAULAY asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator MACAULAY proposed the following amendment (4919R001.ASM), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting in lieu thereof:
/SECTION 1. There is created the Registration and Elections Commission for Oconee County. The commission may be composed of not less than five and not more than nine members who must be appointed by a majority of the Oconee County Legislative Delegation, including the resident Senator, who are appointed for terms of two years and until their successors are appointed and qualify. Vacancies on the commission may be filled by appointment in the manner of original appointment for the unexpired terms only. The members of the commission shall receive compensation as may be appropriated by the county council./
Amend title to conform.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
The following Bill having been read the second time was ordered placed on the third reading Calendar:
S. 1134 -- Senators Greg Smith, Rose, Washington, Ford, Mescher, Glover, Short, Jackson, Waldrep, Richter, Mitchell, Patterson, Rankin, Hayes, Leatherman and Thomas: A BILL TO AMEND SECTION 12-27-270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM THE TAX ON GASOLINE SALES FOR STATE-OWNED SCHOOL BUSES AND OTHER PUPIL TRANSPORTATION PROGRAMS, AND SECTION 12-29-325, RELATING TO EXEMPTIONS FROM THE TAX ON FUEL, SO AS TO EXTEND THE EXEMPTION TO BUSES USED IN THE HEAD START PROGRAM.
Senator GREG SMITH asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator GREG SMITH explained the Bill.
The Senate resumed to a consideration of the Bill. The question being the adoption of Amendment No. 74 (010.BBH) previously proposed by Senator PASSAILAIGUE. The amendment was not adopted.
Senator LEATHERMAN argued contra to the adoption of the amendment.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
A roll call vote was ordered.
Senator LAND moved to lay the amendment on the table.
Senator McCONNELL raised a Point of Order that the motion to table came too late inasmuch as a roll call had been ordered.
The PRESIDENT sustained the Point of Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Cork Courson Elliott
Gregory Macaulay McConnell
Mescher Passailaigue Peeler
Richter Rose Russell
Ryberg Stilwell Thomas
Wilson
Bryan Drummond Ford
Giese Hayes Holland
Jackson Land Lander
Leatherman Leventis Martin
McGill Moore Patterson
Rankin Reese Saleeby
Setzler Short Smith, G.
Smith, J.V. Waldrep Washington
Williams
Amendment No. 74 was not adopted.
Senator LAND proposed the following Amendment No. 71 (BBM\9231JM.94), which was adopted:
Amend the report, as and if amended, Part II, Section 10B, page 638, left column, by striking line 18 and inserting:
/equipment, medical equipment, data processing equipment, and related software/
Amend sections, totals and title to conform.
Senator J. VERNE SMITH explained the amendment.
Senator J. VERNE SMITH moved that the amendment be adopted.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 88 (1250JM.94), which was tabled:
Amend the bill, as and if amended, Part II, page 643, left column, by striking SECTION 16 and inserting:
TO AMEND SECTION 38-13-20, AS AMENDED, OF THE 1976 CODE, RELATING TO INSURANCE, EXAMINATIONS, EXAMINATION WARRANT, CONDUCT OF EXAMINATION, ACCESS TO BOOKS, RECORDS, AND ACCOUNTS, AND REFUSAL TO SUBMIT TO EXAMINATION, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE INSURER WHICH IS THE SUBJECT OF THE EXAMINATION MUST BEAR THE EXPENSES OF THE CHIEF INSURANCE COMMISSIONER AND THE EXPENSES AND COMPENSATION OF THE COMMISSIONER'S ASSISTANTS IN MAKING THE EXAMINATION.
Section 38-13-20(D) of the 1976 Code, as added by Act 394 of 1992, is amended to read:
"(D) When making an examination under Section 38-13-10, the commissioner may retain attorneys, appraisers, independent actuaries, independent certified public accountants, or other professionals and specialists as examiners. The cost of the retainment must be borne by the insurer which is the subject of the examination. together with the expenses of the commissioner and the expenses and compensation of the commissioner's assistants. If a domestic insurer has less than seven million five hundred thousand dollars total capital and surplus, the examination fee must be determined based upon the following schedule:
(1) for domestic insurers with total capital and surplus of at least six hundred thousand dollars but less than two million five hundred thousand dollars, a fee equal to twenty-five percent of the cost of the examination;
(2) for domestic insurers with total capital and surplus of at least two million five hundred thousand dollars but less than five million dollars, a fee equal to fifty percent of the cost of the examination; and
(3) for domestic insurers with total capital and surplus of at lease five million dollars but less than seven million five hundred thousand dollars, a fee equal to seventy-five percent of the cost of the examination.
If an insurer determines that its examination fees have not been assessed as provided in this section or that the fees assessed are unreasonable in relation to the examination performed, the insurer may appeal the assessments to the Administrative Law Judge Division. Examination fees must be retained by the department and are considered `other funds'."/
Amend sections, totals and title to conform.
Senator SALEEBY spoke on the amendment.
Senator SALEEBY moved to lay the amendment on the table.
The amendment was laid on the table.
Senator PASSAILAIGUE desired to be recorded as voting against the motion to table the amendment.
Senator LEATHERMAN proposed the following Amendment No. 137 (JIC\6046HTC.94), which was adopted:
Amend the bill, as and if amended, Part II, Section 31, page 650, right column, by inserting after line 29:
/(D) The Insurance Fraud Division of the office of Attorney General and the investigative services of the State Law Enforcement Division as provided by this section must be funded by an appropriation of not less than two hundred thousand dollars annually from the general revenues of the State derived from the insurance premium taxes collected by the Department of Insurance or from fines assessed under Sections 38-55-170 and 38-55-540, or both, which must be deposited in the general fund of the State and credited to the office of the Attorney General and the State Law Enforcement Division to offset costs of the program. These monies must be shared equally by the agencies./
Amend further, Section 31, page 651, right column, by striking Section 38-55-580 on lines 5 through 7.
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 70 (30230DW.94), which was adopted:
Amend the report, as and if amended, Part II, Section 36, page 660, left column, lines 23 through 27, by striking subsection W and inserting:
/W. Regardless of when the costs, fees, fines, penalties, forfeitures, other revenues, and assessments were imposed, if the revenue from these costs, fees, fines, penalties, forfeitures, other revenues, and assessments are received by the State Treasurer beginning on January 1, 1995, it must be disbursed pursuant to Sections 14-1-205, 14-1-206, 14-1-207, and 14-1-208./
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator PEELER proposed the following Amendment No. 35A (JIC\6054BDW.94), which was adopted:
Amend the bill, as and if amended, Part II, Section 37, page 660, left column, by striking lines 32-44, and right column, by striking lines 1-8 and inserting:
/TO AMEND SECTION 56-3-2320, AS AMENDED, OF THE 1976 CODE, RELATING TO DEALER AND WHOLESALER LICENSE PLATES, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO VEHICLES LOANED TO DEALERS FOR TEST DRIVING PURPOSES, REVISE THE SALE REQUIREMENT AND THE NUMBER OF AUTHORIZED PLATES, DELETE THE PROVISION FOR THE COST OF THE PLATES, PROVIDE FOR EDUCATION LICENSE PLATES, DELETE THE REFERENCES TO "FRANCHISED" AS IT APPLIES TO DEALERS SELLING HEAVY DUTY TRUCKS AT RETAIL, DEFINE HEAVY DUTY TRUCKS, AND PROVIDE FOR THE ISSUANCE OF DEALER LICENSE PLATES TO AUTHORIZE GRAVEYARD OPERATIONS; TO AMEND SECTION 56-3-2350, AS AMENDED, RELATING TO SPECIAL MOTOR VEHICLE REGISTRATION, SO AS TO REVISE THE REQUIREMENTS FOR TRANSPORTER PLATES; TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-2330 SO AS TO PROVIDE FOR MANUFACTURER LICENSE PLATES AND BY ADDING SECTION 12-37-2721 SO AS TO PROVIDE FOR EXEMPTIONS FROM THE MOTOR VEHICLE TAX; AND TO AMEND SECTION 12-36-90, AS AMENDED, RELATING TO THE DEFINITION OF GROSS PROCEEDS OF SALES, AND SECTION 12-36-110, AS AMENDED, RELATING TO THE DEFINITION OF RETAIL SALES, SO AS TO INCLUDE MANUFACTURER AND EDUCATION LICENSE PLATES./
Amend further, Part II, Section 37, by striking Section 56-3-2320(A), beginning on page 660, column, and line 14 and inserting:
/(A) Upon application being made and the required fee being paid to the department, the department may issue dealer license plates to a licensed motor vehicle dealer. The license plates, notwithstanding any provision other provisions of this chapter to the contrary, may be used exclusively on motor vehicles owned by, or assigned, or loaned for test driving purposes to the dealer when operated on the highways of this State by the dealer, its corporate officers, its employees, or a prospective purchaser of the motor vehicle. The use by a prospective purchaser is limited to seven days, and the dealer must shall provide the prospective purchaser with a dated demonstration certificate. The certificate must be approved by the department. Dealer plates may must not be used to operate wreckers or service vehicles in use by the dealer, nor to operate vehicles owned by the dealer that are leased or rented by the public. No dealer plates may be issued by the department unless the dealer furnishes proof in a form acceptable to the department that he has a retail business license as required by Chapter 36 of Title 12 and has made at least fifty twenty sales of motor vehicles in the twelve months preceding his application for a dealer plate. The sales requirement may be waived by the department if the dealer has been licensed for less than one year. However, a dealer that sells less than fifty but more than ten vehicles in the twelve months preceding his application for a dealer plate is eligible to obtain one dealer license plate. The cost of this plate is three hundred dollars. Twenty dollars of this fee must be remitted to the department and the balance of this fee must be remitted to the treasury of the county in which the dealer is licensed. A dealer may be issued two plates at a rate of one for every the first twenty vehicles sold during the preceding year and one additional plate for each fifteen vehicles sold beyond the initial twenty during the preceding year. For good cause shown, the department in its discretion may issue extra plates. If the dealer has been licensed less than one year, the department shall issue a number of license plates based on an estimated number of sales for the coming year. The department may increase or decrease the number of plates issued based on actual sales made. The cost of each dealer plate issued is twenty dollars. Upon application to the department, a public or private school, college, or university may be issued an education license plate to be used on vehicles loaned or rented to the school, college, or university by a licensed motor vehicle dealer. The plate must be a personalized plate designed by the department. The cost of each plate issued is two hundred dollars, of which one hundred sixty dollars must be remitted by the department to the county in which the school, college, or university is located. Each plate is valid for two years, and there is no limit on the number of plates which may be issued. Notwithstanding the provisions of this section, a dealer franchised exclusively for the sale of selling heavy duty trucks at retail is eligible to obtain dealer license plates for exclusive use on the heavy duty trucks regardless of the number of trucks sold by him during the preceding required number of months. These dealer license plates for trucks must be noted with a distinct and separate identification and used only on heavy duty trucks. For purposes of this section, heavy duty trucks include trucks having a gross vehicle weight of sixteen thousand pounds or greater./
Amend further, SECTION 37, Section 56-3-2320, page 661, right column, after line 4, by inserting:
/(C) Upon application being made and the required fee being paid to the department, the department may issue a maximum of two dealer plates to a person who operates an automobile graveyard as defined in Section 57-27-20./
Amend sections, totals and title to conform.
Senator PEELER argued in favor of the adoption of the amendment and Senator LAND argued contra.
Senator PEELER moved that the amendment be adopted.
Senator LAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Cork Drummond Land
Lander Reese Ryberg
Thomas
Bryan Courson Courtney
Elliott Ford Giese
Gregory Hayes Holland
Jackson Leatherman Leventis
Macaulay Martin Matthews
McConnell McGill Mescher
Moore O'Dell Patterson
Peeler Rankin Richter
Rose Russell Saleeby
Setzler Short Smith, G.
Smith, J.V. Stilwell Waldrep
Washington Williams Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
The amendment was adopted.
Senator RICHTER proposed the following Amendment No. 59 (4820R010.LER), which was ruled out of order:
Amend the bill, as and if amended, Part II, Section 40, page 663, right column, line 8, and inserting:
/TO REPEAL ARTICLE 37, CHAPTER 5, TITLE 56, OF THE 1976 CODE, RELATING TO THE INSPECTION OF VEHICLES.
A. Article 37, Chapter 5, Title 56 of the 1976 Code is repealed.
B. This section takes effect June 30, 1995./
Amend sections, totals and title to conform.
Senator RICHTER argued in favor of the adoption of the amendment and Senator LAND argued contra.
Senator BRYAN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator MACAULAY spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
At 3:50 P.M., Senator MARTIN assumed the Chair.
Senators COURSON, WILSON, PASSAILAIGUE, GREGORY and RICHTER proposed the following Amendment No. 77 (4820R025.JEC), which was tabled:
Amend the bill, as and if amended, Part II, page 673, left column, line 13, by reinserting Section 58 to read:
/TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-257 SO AS TO ESTABLISH AN ADDITIONAL HOMESTEAD EXEMPTION EQUAL TO FOUR THOUSAND DOLLARS OF FAIR MARKET VALUE OF ALL OWNER-OCCUPIED RESIDENTIAL PROPERTY FROM SCHOOL TAXES IMPOSED FOR PURPOSES OTHER THAN CONSTRUCTION, TO PROVIDE THAT THE GENERAL ASSEMBLY MAY INCREASE THE EXEMPTION AMOUNT IN FUTURE YEARS BUT THAT ANY INCREASE IS CONDITIONAL ON FULL FUNDING OF THE EDUCATION FINANCE ACT AND ON THE APPROPRIATION OF SUFFICIENT REIMBURSEMENT FUNDS, TO PROVIDE FOR THE METHOD OF REIMBURSEMENT OF REVENUES LOST BECAUSE OF THE EXEMPTION, AND TO PROVIDE THAT THE PROPERTY EXEMPT FROM SCHOOL TAXES PURSUANT TO THIS SECTION IS NEVERTHELESS CONSIDERED TAXABLE PROPERTY FOR PURPOSES OF THE CONSTITUTIONAL DEBT LIMIT AND THE INDEX OF TAXPAYING ABILITY.
Article 3, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-257. (A) In addition to any other homestead exemption allowed by law and beginning with taxes due for property tax year 1994, an amount of fair market value equal to four thousand dollars of every homestead qualifying for the assessment ratio provided pursuant to Section 12-43-220(c) is exempt from all school taxes except school taxes levied for:
(1) debt service; and
(2) payments for lease-purchases of school facilities.
(B) (1) The exemption allowed by this section is an initial exemption amount which may be increased by the General Assembly for property tax years beginning after 1994, but any such future increase is conditional on full funding of the Education Finance Act and on an appropriation by the General Assembly for the fiscal year reimbursing school districts an amount equal to the Department of Revenue and Taxation's estimate of total school tax revenue loss resulting from the exemption for that fiscal year.
(2) From the general fund of the State and regardless of the amount appropriated for the reimbursement, the Comptroller General shall pay to the county treasurer of each county for the account of each school district in the county a sum equal to the taxes not collected for the school district because of the exemption provided in this section. The county treasurer shall furnish the Comptroller General on or before April first following the tax year, or during an extension authorized by the Comptroller General not to exceed sixty days, an accounting or statement as prescribed by the Comptroller General that reflects the amount of school district taxes not collected because of the exemption. Funds paid by the Comptroller General as the result of an erroneous or improper application must be returned to the Comptroller General for deposit to the credit of the general fund of the State. The Comptroller General shall promulgate regulations as may be necessary to carry out the provisions of this section.
(C) Notwithstanding any other provision of law, the fair market value of a homestead exempted from property taxation in the manner provided in this section is considered taxable property for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State and for purposes of computing the index of taxpaying ability pursuant to Section 59-20-20(3)./
Amend sections, totals and title to conform.
Senator WILSON argued in favor of the adoption of the amendment and Senator DRUMMOND argued contra.
Senator DRUMMOND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Cork Drummond
Ford Hayes Holland
Jackson Land Leatherman
Leventis Martin Matthews
Moore O'Dell Patterson
Rankin Reese Saleeby
Short Smith, G. Smith, J.V.
Stilwell Washington Williams
Courson Courtney Elliott
Gregory Macaulay McConnell
Mescher Passailaigue Peeler
Richter Rose Russell
Ryberg Setzler Thomas
Waldrep Wilson
The amendment was laid on the table.
Senators RICHTER, ROSE, LEVENTIS, McCONNELL, WILSON, PASSAILAIGUE, MACAULAY, COURSON, PEELER, CORK, SHORT, ELLIOTT, GREGORY, STILWELL, HAYES and COURTNEY proposed the following Amendment No. 144 (4820R105.LER), which was tabled:
Amend the bill, as and if amended, Part II, Section 64, page 677, beginning on the left column, line 10, by striking the section in its entirety.
Amend sections, totals and title to conform.
Senators RICHTER and McCONNELL argued in favor of the adoption of the amendment and Senator WILLIAMS argued contra.
Senator WILLIAMS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Drummond Ford
Giese Holland Jackson
Land Lander Martin
Matthews McGill Mescher
Moore O'Dell Patterson
Rankin Reese Ryberg
Saleeby Setzler Smith, J.V.
Thomas Waldrep Washington
Williams
Cork Courson Courtney
Elliott Gregory Hayes
Leventis Macaulay McConnell
Passailaigue Peeler Richter
Rose Russell Short
Stilwell Wilson
The amendment was laid on the table.
At 4:15 P.M., Senator GIESE requested a leave of absence for the balance of the day.
Senators MOORE and RYBERG proposed the following Amendment No. 156 (CYY\16258AC.94), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO ESTABLISH A TASK FORCE UNDER THE HEALTH CARE PLANNING AND OVERSIGHT COMMITTEE TO STUDY OPEN HEART SURGERY AND THERAPEUTIC CARDIAC CATHETERIZATION SERVICES; TO PROVIDE FOR ITS MEMBERSHIP AND THEIR EXPENSES; TO PROVIDE REQUIREMENTS A FACILITY MUST MEET TO PERFORM THESE SERVICES UNTIL THE TASK FORCE ISSUES ITS FINDINGS AND RECOMMENDATIONS; TO DIRECT THE SOUTH CAROLINA BOARD OF MEDICAL EXAMINERS AND THE OFFICE AND RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO CONDUCT A REVIEW AND STUDY RELATIVE TO OPEN HEART SURGERY AND THERAPEUTIC CARDIAC CATHETERIZATION SERVICES; TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPOSE SANCTIONS AS A RESULT OF THE RESULTS OF THE REVIEW OR STUDY AND TO PROHIBIT INTRODUCTION OF EVIDENCE OBTAINED THROUGH THE REVIEW OR STUDY; AND TO PROVIDE THAT THIS SECTION IS TO BE APPLIED PROSPECTIVELY ONLY.
A. There is established a task force under the Health Care Planning and Oversight Committee which shall conduct a study regarding open-heart surgery and therapeutic cardiac catheterization services for residents of South Carolina counties that are included in the Federal Bureau of Census' Metropolitan Statistical Areas (MSA) of another state. The study shall consider access to open-heart surgery to citizens of this State, the total cost of care to the patient and the patient's family, the impact on the economy of South Carolina, the impact on health care economics of South Carolina; quality of care available based upon physician volume, population trends and projections of the South Carolina community.
The task force must be appointed by the Governor and must be composed of one South Carolina citizen and one member of the General Assembly from an MSA to be studied, and one representative from each of the following organizations: Chairman of the State Health Planning Committee, South Carolina Medical Association, South Carolina Hospital Association, South Carolina Department of Health and Environmental Control, and the insurance industry. Members of the task force shall receive the mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions. The findings and recommendations of the task force must be issued no later than January 1, 1996, and become part of the State Health Plan provided for in Section 44-7-180 of the 19796 Code in effect at the time the findings and recommendations are issued.
B. Until the task force established under subsection A. issues its findings and recommendations, a facility may provide therapeutic cardiac catheterizations if that facility:
(1) has obtained a Certificate of Need for diagnostic cardiac catheterization before July 10, 1992; and
(2) initiated elective therapeutic cardiac catheterization before January 1, 1993; and
(3) has a written open-heart surgery back-up agreement with a facility that provides an open-heart surgery service located within a thirty-minute one-way drive.
If the findings and recommendations of the task force do not provide for continued performance of therapeutic cardiac catheterization at a facility performing these services under this provision, the facility shall cease performing therapeutic cardiac catheterizations services within thirty days of the issuance of the findings and recommendations. If the findings and recommendations of the task force provide for continued performance of cardiac catheterizations at a facility performing this service under this provision and the facility applies for a Certificate of Need within thirty days, the facility may continue to provide the services until a final agency decision on the application for a Certificate of Need is issued, unless continued service is otherwise prohibited by Section 44-7-180 of the 1976 Code.
C. A committee appointed by the South Carolina Board of Medical Examiners shall conduct an annual review of the provision of therapeutic cardiac catheterization services and related physician practice at any hospital providing these services as authorized under subsection B. The committee must be composed of one physician specializing in cardiology from each congressional district and one cardiologist selected by the Board of Medical Examiners from the Medical University of South Carolina Cardiology Department who shall serve as chairman of the committee. None of the members of the committee may practice or reside in the Metropolitan Statistical Area (MSA) in which a facility to be reviewed is located. In addition to any actions taken by the South Carolina Board of Medical Examiners, the committee shall forward its findings to the Department of Health and Environmental Control.
D. Within twenty-four months a study must be conducted by the Office of Research and Statistical Services of the State Budget and Control Board of facilities providing therapeutic cardiac catheterizations without on-site open-heart surgery services. The study shall compare patient outcomes between these facilities and facilities with on-site open-heart surgery and determine if there is a statistically significant difference in patient outcomes. If the study concludes that patients of a facility conducting therapeutic cardiac catheterization without on-site open-heart surgery services have a statistically significant unfavorable outcome compared to patients at facilities with open-heart surgery services, the facility without open-heart surgery services immediately shall discontinue performing therapeutic cardiac catheterizations.
E. If the department has reason to believe that patient care is being compromised, it may impose sanctions and take action authorized under Article 3, Chapter 7, Title 44 of the 1976 Code.
F. All proceedings of a person or entity conducting a review described in subsections C. or D. are not subject to discovery, subpoena or introduction into evidence in any civil action for damages for injury to the person arising out of any medical or surgical treatment, omission, or operation by a licensed health care provider as defined in Article 5, Chapter 79, Title 38. Further, there is no monetary liability on the part of and no cause of action for damages arises against a person or entity conducting or participating in a review described in subsection G. Nothing in Article 3, Chapter 7, Title 44 of the 1976 Code is intended to provide immunity to a person or entity in a civil action for damages."
G. Nothing in this section negates or may be construed to prohibit any enforcement action taken by the department against a facility for initiating a therapeutic cardiac service without a Certificate of Need.
H. Except as otherwise provided for in this section, the provisions of this section apply prospectively only./
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
At 4:30 P.M., Senator BRYAN requested a leave of absence for the balance of the day.
At 4:30 P.M., Senator MOORE requested a leave of absence for the balance of the day.
Senator PEELER proposed the following Amendment No. 67 (JIC\6035HTC.94), which was tabled:
Amend the bill, as and if amended, Part II, page 701, by striking SECTION 88 in its entirety.
Amend sections, totals and title to conform.
Senators PEELER, COURTNEY and MITCHELL argued in favor of the adoption of the amendment and Senators LAND and DRUMMOND argued contra.
Senator DRUMMOND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Courson Drummond Elliott
Ford Holland Jackson
Land Matthews O'Dell
Patterson Rankin Russell
Saleeby Setzler Short
Smith, G. Smith, J.V. Washington
Williams
Cork Courtney Hayes
Lander Leventis Macaulay
McConnell Mescher Peeler
Reese Richter Rose
Stilwell Thomas Waldrep
Wilson
The amendment was laid on the table.
At 4:35 P.M., Senator ELLIOTT assumed the Chair.
Senators STILWELL and J. VERNE SMITH proposed the following Amendment No. 12 (003.SD), which was tabled:
Amend the bill, as and if amended, Part II, Section 94, page 705, right column, line 42, by striking the Section in its entirety.
Amend sections, totals and title to conform.
Senator STILWELL argued in favor of the adoption of the amendment and Senator SETZLER argued contra.
At 4:55 P.M., the PRESIDENT assumed the Chair.
Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senators SETZLER and STILWELL spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator SETZLER continued arguing contra to the adoption of Amendment No. 12.
Senator SETZLER moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Drummond Ford Holland
Land Lander Leatherman
Leventis Macaulay Martin
Matthews McGill O'Dell
Patterson Saleeby Setzler
Short Smith, G. Waldrep
Washington Williams
Cork Courson Courtney
Elliott Hayes McConnell Mescher Passailaigue Peeler
Reese Richter Rose
Russell Ryberg Smith, J.V. Stilwell Thomas Wilson
The amendment was laid on the table.
Senators WILSON, DRUMMOND and WILLIAMS proposed the following previously carried over Amendment No. 25A (PT\1244DW.94):
Amend the bill, as and if amended, Part II, by adding an appropriately numbered new SECTION to read:
TO AMEND SECTION 7-13-40, AS AMENDED, OF THE 1976 CODE, RELATING TO PRIMARIES CONDUCTED BY THE STATE ELECTION COMMISSION, SO AS TO CLARIFY THAT FILING FEES FOR ALL CANDIDATES FILING TO RUN IN ALL PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE TRANSMITTED BY THE RESPECTIVE POLITICAL PARTY TO THE COMMISSION.
Section 7-13-40 of the 1976 Code, as last amended by Act 253 of 1992, is further amended to read:
"Section 7-13-40. In the event that a party nominates candidates by party primary, a party primary must be held by the party and conducted by the State Election Commission and the respective county election commissions on the second Tuesday in June of each general election year and a second and third primary each two weeks successively thereafter, if necessary. Certification of the names of all candidates to be placed on primary ballots must be made by the political party chairman, vice chairman, or secretary to the State Election Commission or the county election commission, whichever is responsible under law for preparing the ballot, not later than twelve o'clock noon on May first, or if May first falls on a Sunday, not later than twelve o'clock noon on the following Monday. The filing fees for all candidates whose names are on ballots to be voted on filing to run in all primaries, except municipal primaries, must be transmitted by the respective political parties to the State Election Commission and placed by the executive director of the commission in a special account designated for use in conducting the primaries and must be used for that purpose. The filing fee for each office is one percent of the total salary for the term of that office or one hundred dollars, whichever amount is greater."/
Amend sections, totals and title to conform.
Senator WILSON argued in favor of the adoption of the amendment.
Senator LAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Elliott Ford Jackson
Land Lander Matthews
Passailaigue Patterson Rankin
Saleeby Setzler Short
Smith, G. Washington
Cork Courson Courtney
Drummond Gregory Hayes
Holland Leatherman Leventis
Macaulay Martin McConnell
Mescher O'Dell Peeler
Reese Richter Russell
Ryberg Smith, J.V. Stilwell
Thomas Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Debate was interrupted by adjournment.
MOTION ADOPTED
On motion of Senators LAND and WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. C. Alex Harvin, Jr., beloved father of Representative C. Alex Harvin, III.
At 5:30 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 9:30 A.M.
* * *
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