| Printed Page 2480, May 5 | Printed Page 2500, May 5 |

Senator J. VERNE SMITH moved that the amendment be adopted.

The amendment was adopted.

Senators JACKSON and SHORT proposed the following Amendment No. 216 (3362R240.DJ), which was adopted:

Amend the bill, as and if amended, Part II, on page 601, after line 31, by adding a new section to read:

A. Title 44 of the 1976 Code is amended by adding:

Section 44-122-10. (A) The South Carolina Human Services Coordinating Council shall develop and coordinate the implementation of community-based programs and projects relating to the problem of adolescent pregnancy in order to most effectively reduce the numbers of adolescent pregnancies.

(B) Before funds are allocated for adolescent pregnancy prevention projects, the council shall review the recommendations of the Adolescent Pregnancy Prevention Committee, as established in Section 44-122-20, and shall recommend funding priorities to the Department of Health and Human Services. The council also shall advise the General Assembly on issues relating to the problem of adolescent pregnancy in this State.

Section 44-122-20. There is established the Adolescent Pregnancy Prevention Committee to be appointed by the Human Services

(1) South Carolina Council on Adolescent Pregnancy Prevention;

(2) South Carolina Chapter of the American Academy of Pediatrics;

(3) United Way of South Carolina;

(4) March of Dimes;

(5) Alliance for South Carolina's Children;

(6) corporate community;

(7) religious community;

(8) two high school students;

(9) media;

(10) a school guidance counselor;

(11) the South Carolina Obstetrics and Gynecology Society.

Members shall serve terms of four years except student members shall serve terms of two years.

Section 44-122-30. (A) The South Carolina Human Services Coordinating Council shall establish and administer a program to distribute funds appropriated for adolescent pregnancy prevention projects and shall adopt rules necessary to implement the program. Projects must be undertaken as pilot projects to serve as successful models for replication in rural and urban areas of the State where there are statistically high incidences of adolescent pregnancy, premature births, and infant mortality.

(B) The council shall evaluate adolescent pregnancy projects funded as a result of this program at least yearly and shall report its findings to the General Assembly, the State Budget and Control Board, and the Governor's Office. The evaluation of these projects shall include a study of the effectiveness of the project in reducing the pregnancy rate within the target populations.

Section 44-122-40. The Department of Health and Human Services shall fund the Adolescent Pregnancy Prevention Program projects. Funds shall be appropriated to the Department of Health and Human Services by the General Assembly in the annual General Appropriations Act. The Human Services Coordinating Council annually shall conduct a proposal-writing session that must be attended by a representative of an agency or organization that wishes to apply for funding, and the session shall define the criteria for accountability and evaluation that the department requires of projects. The session also shall provide information about additional funding sources to which an agency or organization might turn to satisfy the matching requirement for funding, as provided for in Section 44-122-50(E).

(B) Projects applying for first-year funding shall:

(1) have a plan of action that extends for at least five years for prevention of adolescent pregnancy;

(2) have realistic, specific, and measurable goals and objectives for the prevention of adolescent pregnancy;

(3) before submitting its proposal, send a representative to the proposal-writing session held by the council;

(4) have an emphasis on abstinence when possible and must be based on strategies with proven success rates, and use materials that are factually and scientifically correct.

(C) Each project shall:

(a) have a board of advisors composed of members from outside the sponsoring agency of the project. The board of advisors shall include representatives from the medical community, the educational field, and one student who must be a junior in high school and who must serve two years. The board also shall include representatives of the media, government, charitable organizations, and private business. The board of advisors shall meet at least quarterly and advise project staff on project policies and operations;

(b) comply with reporting, contracting, and evaluation requirements of the department;

(c) define and maintain cooperative ties with other community institutions;

(d) demonstrate its ability to attract financial support from sources other than the State including sources in the local community;

(D) These criteria must be applied in selecting projects for first year funding:

(1) adequacy of proposed resources to meet project objectives;

(2) appropriateness of project strategies to reduce adolescent pregnancy with a primary focus of preventing the onset of early sexual activity;

(3) level of community support, including endorsement from the appropriate local governmental entity and documentation from the appropriate local governmental entity and from community organizations

(4) degree of need of the locality, including that the county has a significant adolescent pregnancy problem;

(5) clear demonstration of how the project will coordinate, collaborate, and utilize the resources of other community entities that have an interest in positive youth development and adolescent risk behavior reduction.

(E) If a project that has been selected for first-year funding continues to meet the requirements of subsections (B) and (C), funding for that project shall continue, to the extent of available money, for an additional four years. The level of funding provided by the council to approved projects must be set according to this schedule:

(1) first year, eighty percent of the project's annual budget not to exceed the maximum award established by the department;

(2) second year, ninety percent of the state funds awarded in the first year;

(3) third year, seventy-five percent of the state funds awarded in the first year;

(4) fourth year, sixty-five percent of the state funds awarded in the first year;

(5) fifth year, fifty percent of the state funds awarded in the first year.

The portion of a project's budget that must come from sources other than the State may be provided as in-kind contributions as well as cash.

(F) No project shall receive state funding if it has received state funding for five full years previously. A project that has received state funding before July 1, 1995, is eligible for consideration for an additional five years' state support but the project must meet the same requirements as other applicants and must be treated as other applicants in the selection process.

(G) The council shall determine the maximum annual amount that may be awarded to any one project.

(H) As adolescent pregnancy prevention project grant funds decrease, a project shall maintain its original budget level, less the amount expended for start-up costs. The council shall develop guidelines for determining start-up costs, and these guidelines must be uniform for all

(I) Project selection must be based solely on the merits of the proposals submitted to the council."/

Amend sections, totals and title to conform.

Senator JACKSON explained the amendment.

Senator JACKSON moved that the amendment be adopted.

The amendment was adopted.

Senator GIESE proposed the following Amendment No. 233 (PFM\7472AC.95), which was adopted:

Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

Section 40-43-260 of the 1976 Code, as last amended by Section 917, Act 181 of 1993, is further amended to read:

"Section 40-43-260. (A) The board may, after a hearing and upon proof that grounds exist, may order the revocation or suspension of a license, publicly or privately reprimand the holder of a license, or take any other reasonable action short of revocation or suspension, such as requiring the licensee to undertake additional professional training subject to the direction and supervision of the board. The board may also impose such restraint upon the practice of the licensee as circumstances warrant until the licensee demonstrates to the board adequate professional competence. In addition to any other sanction imposed by the board upon the licensee, the board may require the licensee to pay a civil penalty of up to one thousand dollars to the board for each violation of this chapter or of the regulations promulgated by the board, but the total penalty or fine for the violations may not exceed ten thousand dollars. All fines must be remitted to the State Treasurer and deposited in a special fund from which the board must be reimbursed for administrative costs for each case upon the approval of the Budget and Control Board. At any time when this fund exceeds twenty thousand dollars, all excess funds must be remitted to the General Fund. Fines are payable immediately upon the

(B) Upon its review, the board may either dismiss the complaint or find that the licensee is guilty of misconduct meriting sanction. In either event, the board shall file a final certified report of the proceedings before it with the secretary of the board and the secretary shall forthwith notify the complainant and the licensee and their counsel of such the action.

(C) Any A decision by the board to revoke, suspend, fine, or otherwise restrict a license or limit or otherwise discipline a licensee shall must be by majority vote of the board members and shall be is subject to review by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 upon petition filed by the licensee with the administrative law judge and a copy served upon the secretary of the board within thirty days from the date of delivery of its decision to the licensee. Such The review shall be is limited to the record established by the board hearing.

(D) Any A decision by the board to revoke, suspend, fine, or otherwise restrict a license or limit or otherwise discipline a licensee shall become becomes effective upon delivery of a copy of such the decision to the licensee and a petition for review by an administrative law judge shall does not operate as a supersedeas.

(E) Misconduct, which constitutes grounds for revocation, suspension, fine, or other restriction of a license or a limitation on or other discipline of a licensee shall be is satisfactory showing to the board of any of the following:

(1) that any a false, fraudulent or forged statement or document has been used or any a fraudulent, deceitful or dishonest act has been practiced by the holder of a license in connection with any of the a licensing requirements requirement.;

(2) that the holder of a license has been convicted of a felony or any other crime involving fraud, drugs, or any of the laws relating to controlled substances, intoxicating liquors, or the unlawful sales of

(3) that the holder of a license uses alcohol or drugs to such a degree as to render him unfit to practice pharmacy.;

(4) that the holder of a license has been convicted of the illegal or unauthorized practice of pharmacy.;

(5) that the holder of a license has knowingly performed any an act which in any way assists an unlicensed person to violate any provisions of the pharmacy laws.;

(6) that the holder of a license has sustained any physical or mental disability, as determined by a physician, which renders further practice by him dangerous to the public.;

(7) that the holder of a license is guilty of engaging in any dishonorable, unethical, or unprofessional conduct that is likely to deceive, defraud, or harm the public.;

(8) that the holder of a license is guilty of the use of any intentionally fraudulent statement in any document connected with the practice of pharmacy.;

(9) that the holder of a license is guilty of obtaining fees or assisting in obtaining such fees under intentionally fraudulent circumstances.;

(10) that the holder of a license has intentionally violated or attempted to violate, directly or indirectly, or is assisting in or abetting the violating or conspiring to violate any provisions or terms of this chapter or any regulations promulgated under this chapter.;

(11) that the holder of a license has been found by the board to lack the ethical or professional competence to practice pharmacy.;

(12) that the holder of a license has practiced pharmacy while under the influence of alcohol, drugs, or other intoxicants.

(F) In addition to all other remedies and actions incorporated in this section, the license of any a pharmacist adjudged mentally incompetent by any a court of competent jurisdiction shall must be automatically suspended by the board until the pharmacist is adjudged by a court of competent jurisdiction or in any other manner provided by law as being restored to mental competency."/

Amend sections, totals and title to conform.

Senator GIESE explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senator RICHTER proposed the following Amendment No. 238 (3362R305.LER), which was tabled:

Amend the bill, as and if amended, Part II, on page 601, after line 31, by adding a new section to read:

A. Section 9-11-150 of the 1976 Code, as last amended by Act 336 of 1992, is further amended to read:

"Section 9-11-150. Until the first payment on account of a retirement allowance becomes normally due, any member or beneficiary may elect, by filing with the system, to convert the retirement allowance otherwise payable on his account after retirement into a retirement allowance of equivalent value under one of the optional forms named below, the retirement allowance under the option selected being due and payable on the date of retirement:

Option 1. A reduced retirement allowance payable during the retired member's life, with the provision that the reduced allowance continues after his death to and for the life of the beneficiary, or to the trustee of the beneficiary, nominated by him by written designation duly acknowledged and filed with the board at the time of retirement, if the person survives him. To the extent the actuarial cost of the beneficiary's allowance provided under this option exceeds the cost of the member's benefit as provided under Option 2, the member's retirement allowance must be reduced to offset the actuarial cost in excess of the member's benefit as provided in Option 2;
Option 2. A reduced retirement allowance payable during the retired member's life, with the provision that it continues after his death at one-half the rate paid to him to and for the life of the beneficiary, or the trustee of the beneficiary, nominated by him by written designation duly

Option 3. Effective July 1, 1990, a retirement allowance of the amount that, with his benefit under Title II of the Federal Social Security Act, he will receive, so far as possible, approximately the same amount a year before and after the earliest age at which he becomes eligible, upon application therefor, to receive a Social Security benefit. Cost-of-living and other special increases in benefits are not applied to the amount advanced under this Option;

Option 4. A member may elect either Option 1 or 2 with the added provision that, if the designated beneficiary predeceases the member, the retirement allowance payable to the member after the designated beneficiary's death must be equal to the retirement allowance which would have been payable had the member not elected the option;

Option 5. A member may elect Option 1 or 2 with the added provision that the reduced retirement allowance after his death must be payable in equal shares to and for the life of each of two or more beneficiaries, or to the trustee or trustees of the beneficiaries, for so long as the beneficiary survives him. The benefit reduction factor must be based on the average age of the beneficiaries.

A member having elected Option 1, 2, or 4 and nominated his or her spouse to receive a retirement allowance upon the member's death may, after divorce from or death of his or her spouse, revoke the nomination and elect a new option effective on the first day of the month in which the new option is elected, providing for a retirement allowance computed to be the actuarial equivalent of the retirement allowance in effect immediately before the effective date of the new option. The election of a new option after the death of the member's spouse must be made before the later of July 1, 1992, or the first anniversary of the death of the spouse. A new option may be elected after a change in marital status.

A member who retired after under the provisions of Option 3 before July 1, 1990, may elect to have his benefit adjusted so that cost-of-living and other special increases in benefits are not applied to the amount of advance or reduction in allowance under this option after July 1, 1992, or the member's attainment of age sixty-two, if later, by making a special

B. Section 9-11-210(1) of the 1976 Code, as last amended by Act 424 of 1988, is further amended to read:

"(1) Each Class One member shall contribute to the system twenty-one dollars and eighteen cents a month during his service after becoming a member. Each Class Two member shall contribute to the system six and one-half seven and six tenths percent of his compensation."

C. Subsection A of this Section takes effect upon approval by the Governor and applies with respect to persons retiring on or after the effective date of this Section. Subsection B of this act takes effect upon approval by the Governor and applies with respect to contributions made after June 30, 1995./

Amend sections, totals and title to conform.

Senator RICHTER explained the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Senators WILSON, THOMAS, RUSSELL, COURSON, GREGORY and MARTIN proposed the following Amendment No. 235 (GJK\21966SD.95), which was later tabled:

Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:

| Printed Page 2480, May 5 | Printed Page 2500, May 5 |

This web page was last updated on Monday, June 29, 2009 at 2:10 P.M.