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Senators MOORE and RYBERG proposed the following Amendment No. 134 (3362R224.TLM), which was adopted:

Amend the bill, as and if amended, Part IB, Section 30, Department of Health and Environmental Control, page 458, by adding a new proviso at the end of the section to be appropriately numbered:

/ . (DHEC: Cardiac Care Services) Notwithstanding any other provision of law, any facility which: (1) obtained a certificate of need for diagnostic cardiac catheterization before July 10, 1992; (2) filed to obtain a certificate of need for open-heart surgical services 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 may provide therapeutic cardiac catheterizations. The facility's authority to continue to provide therapeutic cardiac catheterizations terminates sixty days after the effective date of any changes to the criteria contained in the State Health Plan for issuing a certificate of need for open heart surgery. A facility may continue to provide therapeutic cardiac catheterizations after the sixty-day period only if the facility has applied for a certificate of need for open heart surgery under the new criteria within sixty days of the new criteria's effective date. The facility's authority to continue to provide therapeutic cardiac catheterizations during the period while its certificate of need application under the new criteria is pending terminates upon the issuance of a final non-appealable decision on the application for a certificate of need under the new criteria./

Amend sections, totals and title to conform.

Senator MOORE explained the amendment.

Senator MOORE moved that the amendment be adopted.

The amendment was adopted.

Senators THOMAS, J. VERNE SMITH, DRUMMOND, LAND, COURSON and LEVENTIS proposed the following Amendment No. 147 (17317AC.95), which was adopted:

Amend the bill, as and if amended, Part IB, Section 42, Department of Probation, Parole and Pardon Services, by adding an appropriately numbered paragraph to read:

/42. . Of the funds appropriated to the Department of Probation, Parole and Pardon Services for community corrections, other operating expenses, the department may expend up to $1,000,000 for the expansion of existing community electronic monitoring of criminal offenders under the jurisdiction of the department. In addition, before September 1, 1995, the department shall develop and submit a plan to the Senate Corrections and Penology Committee and the House Judiciary Committee identifying additional offender populations to be placed on electronic monitoring and any necessary statutory revisions or additional funding required in order to fully implement this plan. Offenders placed on electronic monitoring must be selected pursuant to criteria developed by the department, and no offenders may be placed on electronic monitoring unless the offender is in a population that is within the purview of the department's electronic monitoring authority./

Amend sections, totals, and title to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senators HOLLAND, STILWELL and MOORE proposed the following Amendment No. 152A (GJK\21959HTC.95), which was adopted:

Amend the bill, as and if amended, Part IB, Section 72.38(I), page 494, by striking lines 3 through 6 and inserting:

/business of the Commission 50 or more miles outside the county of his official residence, each member shall be allowed a subsistence allowance

Senator HOLLAND explained the amendment.

Senator HOLLAND moved that the amendment be adopted.

The amendment was adopted.

THE SENATE PROCEEDED TO A CONSIDERATION OF PART II AMENDMENTS.

Senator LEVENTIS proposed the following Amendment No. 156 (BBM\10278AC.95), which was adopted:

Amend the bill, as and if amended, Part II, Section 2, page 505, by inserting after the /./ on line 22 /If the department denies an owner's or operator's request for compensation from the Superb Account, the owner or operator may file a petition with an Administrative Law Judge for the matter to be heard as a contested case under the Administrative Procedures Act. Concurrently with the filing of a petition with the Administrative Law Judge, the owner or operator may request reconsideration of the department's denial by a mediation panel appointed by the director of the department. The mediation panel shall meet with the owner or operator and thereafter make a recommendation for settlement to the director or the director's designee. The mediation process must be completed within four weeks from denial of compensation. If a satisfactory settlement is not reached, the owner or operator may then proceed with the hearing before the Administrative Law Judge./

Amend sections, totals and title to conform.

Senator LEVENTIS argued in favor of the adoption of the amendment.

Senator LEVENTIS moved that the amendment be adopted.

The amendment was adopted.

Senator O'DELL proposed the following Amendment No. 32 (PFM\7378BDW.95), which was adopted:

Amend the bill, as and if amended, Part II, by striking Section 63, beginning on page 534 and line 7, and inserting:

A. Section 50-11-20(B) of the 1976 Code, as last amended by Section 1262, Act 181 of 1993, is further amended to read:

"(B) There is created the Migratory Waterfowl Committee composed of nine members. The A designee, who is not a paid employee, of Ducks Unlimited Regional Director for of South Carolina and the immediate past and present chairman of Ducks Unlimited, a designee, who is not a paid employee, of the South Carolina Waterfowl Association, and the Chairman of the Board of the Department of Natural Resources, or his designee, shall serve ex officio. Two members are appointed by the Chairman of the Agriculture and Natural Resources Committee of the House of Representatives, two are appointed by the Chairman of the Fish, Game and Forestry Committee of the Senate, and two are appointed by the Governor, all of whom must be cognizant of waterfowl. The members of the committee shall serve for terms of three years and until successors are appointed and qualify. Vacancies are filled for the unexpired term in the manner of the original appointment. The members of the committee shall elect a chairman annually. Members of the committee are eligible to receive such the per diem, subsistence, and mileage as is provided by law for members of boards, commissions, and committees."

B. This section takes effect on July 1, 1995./

Amend title to conform.

Senator O'DELL argued in favor of the adoption of the amendment.

Senator LEVENTIS raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT took the Point of Order under advisement.

Senator LEVENTIS later withdrew the Point of Order.

Senator RANKIN, with unanimous consent, moved that the amendment be adopted.

The amendment was adopted.

Senator REESE proposed the following Amendment No. 119 (GJK\21926SD.95), which was adopted:

Amend the bill, as and if amended, Part II, Section 54, page 528, by striking line 38.

Amend sections, totals and title to conform.

Renumber items to conform.

Senator REESE explained the amendment.

Senator REESE moved that the amendment be adopted.

The amendment was adopted.

Senator BRYAN proposed the following Amendment No. 19 (DKA\3975CM.95), which was tabled:

Amend the bill, as and if amended, Part II, by striking Section 56, beginning on page 529 and line 23, and inserting:

Section 56-5-5360 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-5-5360. (a)(A) The department shall designate and approve official inspection stations and is authorized to issue annual permits therefor upon application therefor and payment of the required fee. Motor fleet inspection stations, licensed under this article, shall are not be required to inspect vehicles for the general public. The department shall furnish instructions and all necessary forms to official inspection stations for the inspection of vehicles as herein required in for the issuance of official certificates of inspection and approval.

(b)(B) Application for license must be made on an official form and must be granted only when the department is satisfied that the station is properly equipped properly and has competent personnel to make the inspections and will be conduct them properly conducted. A fee of ten dollars must be charged for every each official inspection station permit issued, or a renewal thereof; provided, that no. A fee may not be charged to official inspection stations of the state, county, or other another political subdivision for garages maintained for the upkeep and maintenance of public- publicly owned vehicles. Any A garage or station being refused

(c)(C) The official inspection stations shall issue a certificate of inspection and approval upon an official form to the owner of a vehicle upon inspecting such the vehicle and determining that its equipment required under the provisions of this article is in good condition and proper adjustment, otherwise no a certificate shall may not be issued. When required by the department, records and reports shall must be made of every each inspection and every each certificate to be issued.

(d)(D) Official inspection stations may charge a fee of not more than two four dollars and fifty cents for each inspection and fifty cents for the issuance of an inspection certificates certificate. Provided, that If any a vehicle does not pass inspection at any a station and is taken to another place to have such the defect corrected, the fee shall must not be charged again provided if the motor vehicle is taken to the station which originally made the inspection. Inspection forms shall must be prepared by the department and furnished to inspection stations at a cost of fifty cents each.

(e)(E) The department shall properly supervise and cause inspections to be made of the stations' and vehicle inspectors' performance and may, after reasonable notice, may suspend or revoke and require the surrender of the license issued to a station and the permit issued to a vehicle inspector which it finds is not properly equipped or conducted. The department shall maintain and post at its office, lists of all stations issued licenses and vehicle inspectors issued permits and of those licenses and permits that have been suspended or revoked.

Monetary penalties which may be imposed separately upon a vehicle inspection station or a vehicle inspector in lieu instead of suspension or revocation are as follows:

For a first offense Not less than twenty-five dollars nor more than one hundred dollars

For a second offense Not less than fifty dollars nor more than one hundred dollars

For a third offense Not less than one hundred dollars nor more than two hundred dollars

For a fourth and each Not less than five hundred dollars nor more subsequent offense than two thousand dollars

(f)(F) Official inspection stations and vehicle inspectors whose licenses or permits are suspended or revoked under the provisions of this section may request in writing a hearing, and upon receipt of the request, the department shall schedule a hearing pursuant to the Administrative

Any An inspection station whose agents and employees falsely or fraudulently specify work to be done or parts to be installed shall, in addition to suspension or revocation of its license, must be fined the sum of one hundred dollars and the cost of any labor or parts unnecessarily done or installed must be refunded to the vehicle owner.

(g)(G) All such Fees collected by the department shall must be credited to the state general fund."/

Amend sections, totals and title to conform.

Senator BRYAN argued in favor of the adoption of the amendment and Senator LEVENTIS argued contra.

Senator LEVENTIS moved to lay the amendment on the table.

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

Alexander         Courson          Courtney

Elliott           Giese            Holland

Jackson           Leatherman       Leventis

Martin            McConnell        Mescher

Moore             O'Dell           Passailaigue

Patterson         Peeler           Reese

Richter           Rose             Russell

Ryberg            Short            Thomas

Washington        Wilson

Bryan             Cork             Drummond

Gregory           Hayes            Land

Matthews          Rankin           Setzler

Smith, G.         Stilwell         Waldrep

The amendment was laid on the table.

I abstained from voting on Amendment No. 19 since I own three vehicle inspection stations and to some it might appear to be a conflict of interest.

By previous action of the Senate, the time certain of 7:30 P.M. had arrived and the Senate took up for immediate consideration Amendment No. 167A.

With Senator MOORE retaining the floor, Senator J. VERNE SMITH asked unanimous consent to make a motion to carry over Amendment No. 167A and Amendment No. 128 until 8:15 P.M., at which time, the amendments would be taken up for immediate consideration to the exclusion of all other matters.

There was no objection and the motion was adopted.

Amendment No. 167A and Amendment No. 128 were carried over until 8:15 P.M.

Senator BRYAN proposed the following Amendment No. 44 (DKA\3977CM.95), which was tabled:

Amend the bill, as and if amended, Part II, by striking Section 56, beginning on page 529 and line 23.

Amend sections, totals and title to conform.

Senator BRYAN argued in favor of the adoption of the amendment.

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. 117 (PFM\7453BDW.95), which was adopted:

Amend the bill, as and if amended, Part II, SECTION 66, page 574, beginning on line 34, by striking subsection D and inserting:

/D. Except where inappropriate, a reference in a law, a regulation, or another document to Chapters 27 and 29, Title 12 of the 1976 Code or sections in the chapters is considered a reference to the appropriate provisions of Chapter 28, Title 12 of the 1976 Code.

E. This section takes effect July 1, 1995, except Article 23, Chapter 28, Title 12 of the 1976 Code which takes effect September 1, 1995, and applies to sales of motor fuel after April 30, 1996./

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

At 7:55 P.M., Senator PATTERSON assumed the Chair.

Senators THOMAS, MARTIN, RYBERG, J. VERNE SMITH and DRUMMOND proposed the following Amendment No. 67 (012.RDY), which was tabled:

Amend the bill, as and if amended, Part II, Section 67, page 575, by striking subsections B, E, and F in their entirety.

Amend sections, totals and title to conform.

Senator THOMAS argued in favor of the adoption of the amendment and Senator LAND argued contra.

At 8:15 P.M., the PRESIDENT assumed the Chair.

Senator LAND argued contra to the adoption of the amendment.

Senator LAND moved to lay the amendment on the table.

Cork              Courson          Courtney

Elliott           Ford             Glover

Holland           Jackson          Land

Lander            Leatherman       Leventis

Matthews          McConnell        McGill

Mescher           O'Dell           Passailaigue

Patterson         Peeler           Reese

Richter           Rose             Saleeby

Short             Smith, G.        Stilwell

Washington

Alexander         Bryan            Drummond

Giese             Gregory          Hayes

Martin            Moore            Russell

Ryberg            Setzler          Smith, J.V.

Thomas            Waldrep          Wilson

The amendment was laid on the table.

By previous action of the Senate, the time certain of 8:25 P.M. had arrived and the Senate took up for immediate consideration Amendment No. 167A.

With Senator MOORE retaining the floor, Senator J. VERNE SMITH asked unanimous consent to make a motion to carry over Amendment No. 167A and Amendment No. 128 until 8:50 P.M., at which time, the amendments would be taken up for immediate consideration to the exclusion of all other matters.

There was no objection and the motion was adopted.

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