Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened and a prayer was given by the Chaplain as follows:
Beloved, hear the words recorded by St. Mark, Chapter 16 (vv.6-7):
"But he said unto them,
'Do not be alarmed; you are looking for Jesus of Nazareth,
who was crucified. He has been raised; he is not here.
Look, there is the place they laid him. But go, tell his
disciples and Peter that he is going ahead of you to Galilee;
there you will see him, just as he told you.' "
Let us pray.
Lord, God of Eternity, we thank You for the good news perpetuated in the Jewish Passover and in the celebration of the Resurrection of Jesus of Nazareth which has, once again, brightened the bones of mankind.
As we return to our duties here, facing so many problems on the ground, at the "grass-roots" of our common life, help us to hear, and heed, the words of Jesus when he said "Come with me."
But, O Lord God of Eternity, energize us, and all humanity anew, with the words of "the young man" at the tomb:
"Look, there is the place they laid him. But go, tell his
disciples and Peter that he is going ahead of you to Galilee;
there you will see him, just as he told you."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
March 12, 1997
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,
David M. Beasley
Reappointment, South Carolina Board of Probation, Parole and Pardon Services, with term to commence March 15, 1997, and to expire March 15, 2003:
3rd Congressional District:
Mr. John F. Elliott, 132 Surrey Circle, Aiken, S.C. 29801
Referred to the Committee on Corrections and Penology.
Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 1996, and to expire April 1, 2000:
Interested Party:
Ms. Sharon D. Burgess Madison, Route 3, Box 1075, Summerton, S.C. 29148
Referred to the Committee on Finance.
March 13, 1997
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,
David M. Beasley
Initial Appointment, Commission of Hearing Aid Specialists, with term to commence July 31, 1996, and to expire July 31, 2000:
Dealer - Miracle-Ear:
Mr. James D. Schendel, 418 South Coit Street, #A, Florence, S.C. 29501 VICE James E. Wasson
Referred to the Committee on Medical Affairs.
Reappointment, South Carolina Advisory Council on Aging, with term to commence June 30, 1997, and to expire June 30, 2001:
Area 5:
Mark J. Meiler, M.D., 148 University Parkway, Aiken, S.C. 29801
Referred to the Committee on Medical Affairs.
Reappointment, State Human Affairs Commission, with term to commence June 30, 1997, and to expire June 30, 2000:
4th Congressional District:
Mr. Michael R. Watkins, 133 Fawn Brook Drive, Greer, S.C. 29650-2517
Referred to the Committee on Judiciary.
Initial Appointment, State Human Affairs Commission, with term to commence June 30, 1996, and to expire June 30, 1999:
1st Congressional District:
Mr. Fred L. Sumpter, 914 North Merriman Road, Georgetown, S.C. 29440 VICE Leah F. Chase (moved to At-large position)
Referred to the Committee on Judiciary.
Respectfully,
David M. Beasley
Reappointment, Board of Health and Environmental Control, with term to commence June 30, 1997, and to expire June 30, 2001:
5th Congressional District:
William M. Hull, Jr., M.D., Rock Hill Eye Clinic, P.A., Post Office Drawer 2874, Rock Hill, S.C. 29732-2874
Referred to the Committee on Medical Affairs.
The following was received:
Document No. 2106
Promulgated by State Ethics Commission
Ethics, Government Accountability, Campaign Reform
Received by Lt. Governor January 8, 1997
Referred to Senate Committee on Judiciary
120 day review expiration date revised May 18, 1997
Withdrawn and resubmitted March 26, 1997
Senator MARTIN assumed the Chair at 12:15 P.M.
Senator GIESE introduced Dr. Thomas Rowland of Columbia, S.C., Doctor of the Day.
At 12:30 P.M., Senator BRYAN requested a leave of absence for Wednesday and Thursday of this week.
At 1:30 P.M., Senator GIESE requested a leave of absence until 3:00 P.M.
The following were introduced:
S. 589 (Word version) -- Senator McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-25, SO AS TO PROVIDE THAT A PERSON WHO WAS EMPLOYED AND CERTIFIED AS A TEACHER IN THE PUBLIC SCHOOLS OF THIS STATE AT THE TIME OF HIS RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM MAY RETURN TO COVERED EMPLOYMENT UNDER CERTAIN CONDITIONS WHETHER OR NOT HIS TEACHING CERTIFICATE HAS BEEN RENEWED.
Read the first time and referred to the Committee on Education.
S. 590 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A DEDUCTION FOR AMOUNTS PAID FOR HEALTH INSURANCE PREMIUMS BY SELF-EMPLOYED PERSONS TO THE EXTENT THAT THE COST OF THESE PREMIUMS WAS NOT DEDUCTED ON THE TAXPAYER'S FEDERAL INCOME TAX RETURN.
Read the first time and referred to the Committee on Finance.
S. 591 (Word version) -- Senator Waldrep: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-20-25 SO AS TO REQUIRE A PERSON SERVING IN AN OFFICE ELECTED BY THE GENERAL ASSEMBLY, OTHER THAN A JUDICIAL OFFICE, WHO IS NOT SEEKING REELECTION TO GIVE WRITTEN NOTICE OF SUCH TO THE JOINT COMMITTEE FOR THE REVIEW OF CANDIDATES.
Read the first time and referred to the Committee on Judiciary.
S. 592 (Word version) -- Senator Gregory: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA GARNISHMENT ACT OF 1997", WHICH PROVIDES PROCEDURES WHICH GRANT TO PERSONS WHO HAVE SUED TO RECOVER CERTAIN DEBTS OR HAVE RECOVERED CERTAIN JUDGMENTS AGAINST ANOTHER PERSON A RIGHT TO A WRIT OF GARNISHMENT, SUBJECTING TO GARNISHMENT UP TO SPECIFIED LIMITATIONS INCOME, WAGES, INTEREST, RENTS, DIVIDENDS, CAPITAL GAINS, BONUSES, AND COMMISSIONS OF THE DEBTOR.
Read the first time and referred to the Committee on Judiciary.
S. 593 (Word version) -- Senators Ravenel, Passailaigue, Rose, McConnell and Hayes: A BILL TO AMEND TITLE 45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LODGING FACILITIES, BY ADDING CHAPTER 4, SO AS TO ENACT THE "SOUTH CAROLINA BED AND BREAKFAST ACT", WHICH PROVIDES DEFINITIONS AND REGULATIONS PERTAINING TO BED AND BREAKFAST ESTABLISHMENTS IN SOUTH CAROLINA.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 594 (Word version) -- Senator Ryberg: A BILL TO AMEND ARTICLE 27, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BICYCLISTS, BY ADDING SECTION 56-5-3510, SO AS TO AUTHORIZE A POLICE MOUNTAIN BIKE USED AS A PART OF A POLICE MOUNTAIN BIKE PATROL TO EXERCISE THE PRIVILEGES OF AN EMERGENCY VEHICLE, TO AUTHORIZE THE BIKE TO BE EQUIPPED WITH A SIREN OR THE OFFICER TO USE A WHISTLE, OR BOTH, AND TO AUTHORIZE THE BIKE TO ACT AS AN ACTING EMERGENCY VEHICLE IF IT MAKES USE OF AN AUTHORIZED AUDIBLE SIGNAL OR AUTHORIZED VISUAL SIGNALS; AND TO AMEND SECTION 56-5-3480, RELATING TO THE PROHIBITION ON THE USE OF SIRENS AND WHISTLES ON BICYCLES, SO AS TO EXEMPT POLICE MOUNTAIN BIKES FROM THIS PROHIBITION.
Read the first time and referred to the Committee on Transportation.
S. 595 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 9, 1997, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 5, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 6, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FOURTEENTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 4, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 5, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 6, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 7, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 8, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 9, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 10, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997.
Senator McCONNELL spoke on the Resolution.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 596 (Word version) -- Senators Land, O'Dell, Drummond, Washington, Matthews, Bryan, Ravenel, Hutto, McConnell, Rose, Moore, Holland, Saleeby, Alexander, Leatherman, Courtney, Wilson, Thomas, Martin, Waldrep, Passailaigue and Lander: A BILL TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS, SO AS TO ENTITLE THE SECTION "TELEMARKETING-FREE TIME ZONE ACT", TO PROHIBIT CALLS AFTER THE HOUR OF SIX O'CLOCK P.M., TO PROTECT CALLS TO CAR TELEPHONES AT ALL HOURS, AND TO PROHIBIT USE OF A DEVICE TO EVADE CALLER IDENTIFICATION.
Senator LAND spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 597 (Word version) -- Senator Hayes: A BILL TO AMEND ACT 959 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE YORK COUNTY NATURAL GAS AUTHORITY, SO AS TO AUTHORIZE THE AUTHORITY TO PURCHASE AND HOLD LAND FOR SALE AT A LATER DATE TO ONE OR MORE INDUSTRIAL CUSTOMERS.
Senator HAYES spoke on the Bill.
Read the first time, and on motion of Senator HAYES, with unanimous consent, ordered placed on the Calendar without reference.
S. 598 (Word version) -- Senator Alexander: A SENATE RESOLUTION RECOGNIZING AND HONORING THE SOUTH CAROLINA SOCIETY OF THE AMERICAN ASSOCIATION OF MEDICAL ASSISTANTS ON THE OCCASION OF ITS TWENTY-FIFTH ANNIVERSARY.
The Senate Resolution was adopted.
H. 3207 (Word version) -- Reps. Seithel and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-35 SO AS TO PROHIBIT DRINKING GAMES IN ESTABLISHMENTS WHICH SELL ALCOHOLIC LIQUORS FOR CONSUMPTION ON THE PREMISES, TO PROVIDE PENALTIES, AND TO DEFINE "DRINKING GAMES" AND "ALCOHOLIC LIQUORS".
Read the first time and referred to the Committee on Judiciary.
H. 3381 (Word version) -- Reps. Robinson, Knotts, Neilson, Meacham, Cato, Keegan, Kelley, Trotter, Webb, Sandifer, Riser, Barrett, Gamble, Mason, Koon, Rice and Limehouse: A BILL TO AMEND CHAPTER 3, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO CLARIFY REQUIREMENTS FOR FIRM LICENSURE; TO PROVIDE THAT THE BOARD MAY INITIATE AN INVESTIGATION; TO EXPAND GROUNDS FOR DISCIPLINARY ACTION; AND REVISE EXAMINATION PROCEDURES.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 3399 (Word version) -- Reps. Bauer, Hinson, Beck, F. Smith, Simrill, Baxley, Cobb-Hunter, J. Smith, Neilson, Quinn, Sandifer, Wilkins, Knotts, Hawkins, Woodrum, Whatley, Barrett, Edge, Rice, Fleming, Kennedy, Scott, T. Brown, Riser, Davenport, Martin, Lloyd, Allison, Altman, McLeod, Cromer, Lanford, J. Brown, Howard, Stuart, Leach, Phillips, Pinckney, Parks, Rodgers, Hamilton, Byrd, Koon, Mack, Kinon, Kirsh, Webb, Barfield, Littlejohn, Miller, Bowers and Limehouse: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE VOTING, SO AS TO DELETE THE REQUIREMENT THAT AN EMPLOYER SIGN A WRITTEN CERTIFICATION THAT HIS EMPLOYEE'S EMPLOYMENT PREVENTS HIM FROM VOTING IN HIS COUNTY OF RESIDENCE.
Read the first time and referred to the Committee on Judiciary.
H. 3439 (Word version) -- Reps. Mason, Hawkins, Stoddard, R. Smith, Rodgers, Kirsh and Harvin: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 75 SO AS TO PROVIDE FOR THE REGULATION OF THE SALE OF REGROOVED AND REGROOVABLE TIRES.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 3452 (Word version) -- Reps. Miller, McMaster, Moody-Lawrence, Townsend, Hinson, Knotts, Cotty, Neal, Barrett, Battle, T. Brown, Trotter, Maddox, Stille, Stoddard, Witherspoon, Lloyd, J. Smith, Kennedy, Pinckney, Delleney, Rice, Kelley, Edge, Woodrum, Keegan, Martin, Webb, Parks, Carnell, Rhoad, Jordan, Rodgers, Meacham, Young-Brickell, Howard, Simrill, Spearman, Bowers, Koon and Harvin: A BILL TO AMEND SECTION 14-7-845, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTIONAL POSTPONEMENT OF JURY SERVICE FOR STUDENTS, SO AS TO PROVIDE FOR OPTIONAL POSTPONEMENT OF JURY SERVICE FOR SCHOOL EMPLOYEES.
Read the first time and referred to the Committee on Judiciary.
H. 3679 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO BOLL WEEVIL ERADICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2105, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 3680 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO IMPORTED FIRE ANT QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2112, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 3705 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, RELATING TO ADMINISTRATOR-IN-TRAINING PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2142, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
Senator MOORE from the Committee on Judiciary submitted a favorable with amendment report on:
S. 174 (Word version) -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-286 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS A BLOOD ALCOHOL CONTENT IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY.
Ordered for consideration tomorrow.
The PRESIDENT assumed the Chair at 12:24 P.M.
S. 461 (Word version) -- Senators Mescher and Rose: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR BERKELEY COUNTY, ABOLISH THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF BERKELEY COUNTY, AND DEVOLVE THEIR POWERS AND DUTIES UPON THE CREATED COMMISSION.
The House returned the Bill with amendments.
On motion of Senator MESCHER, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 412 (Word version) -- Senator Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-3-225 SO AS TO PROVIDE THAT A BANK, FINANCIAL ORGANIZATION, OR OTHER ENTITY ISSUING A CREDIT OR DEBIT CARD MAY NOT HOLD OR BLOCK FROM THE UNDERLYING ACCOUNT OR LINE OF CREDIT MORE THAN ONE HUNDRED PERCENT OF THE AMOUNT OR VALUE OF A PURCHASE OR TRANSACTION ENTERED INTO BY THE HOLDER OR ANOTHER AUTHORIZED USER OF THE CREDIT OR DEBIT CARD.
S. 585 (Word version) -- Senator Holland: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF FEBRUARY 7, 1997, MISSED BY STUDENTS OF EDWARDS ELEMENTARY SCHOOL IN CHESTERFIELD COUNTY FOR SCHOOL YEAR 1996-97 WHEN THE SCHOOL WAS CLOSED DUE TO SEVERE VANDALISM IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED
DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(By prior motion of Senator HOLLAND, with unanimous consent)
The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:
S. 396 (Word version) -- Senators J. Verne Smith and Leatherman: A BILL TO AMEND SECTION 12-60-2510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTENTS OF PROPERTY TAX ASSESSMENT NOTICES, SO AS TO DELETE THE REQUIREMENT THAT THE NOTICE CONTAIN THE PERCENTAGE INCREASE OVER THE PRIOR MARKET VALUE IF THERE WAS NO CHANGE IN USE OR CHARACTERISTICS.
S. 443 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 12-37-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE COUNTY ASSESSOR, SO AS TO PROVIDE FOR THE RESPONSIBILITY AND RIGHT TO ENTER AND EXAMINE NEW NONRESIDENTIAL STRUCTURES BEFORE OCCUPANCY AND PORTIONS OF EXISTING BUILDINGS COVERED BY BUILDING PERMITS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Finance proposed the following amendment (443R001.FIN), which was adopted:
Amend the bill, as and if amended, page 2, lines 23 through 26, by striking subsection (i) in its entirety and inserting in lieu thereof the following:
/(i) have the right to enter and examine all new nonresidential buildings and structures and those portions of an existing building or structure covered by a building permit for renovations or additions./
Amend title to conform.
Senator LEATHERMAN explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
S. 480 (Word version) -- Senator Courtney: A BILL TO AMEND SECTIONS 16-3-1110 AND 16-3-1210, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE THAT THE DEFINITION OF CRIME INCLUDES TERRORISM AS DEFINED BY FEDERAL LAW AND TO PROVIDE THAT CERTAIN VICTIMS OF TERRORISM OUTSIDE THE UNITED STATES MAY FILE FOR BENEFITS WITH THE VICTIM'S COMPENSATION FUND.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Judiciary proposed the following amendment (JUD480.001), which was adopted:
Amend the bill, as and if amended, page 1, line 36, in Section 16-3-1210(1)(b), as contained in SECTION 2, after /committed in/ by inserting /either/.
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bills and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:
S. 442 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTABLE FORMS OF PAYMENT OF COUNTY TAXES, SO AS TO PROVIDE FOR PAYMENT BY CREDIT CARD, SUBJECT TO APPROVAL AND IMPOSITION OF A VOLUNTARY AND NONREFUNDABLE SURCHARGE BY THE COUNTY GOVERNING BODY.
Senator LEATHERMAN explained the Bill.
On motion of Senator LEATHERMAN, with unanimous consent, S. 442 was ordered to receive a third reading on Wednesday, April 2, 1997.
S. 565 (Word version) -- Senator Moore: A BILL TO AMEND ACT 178 OF 1995, RELATING TO THE BOARD OF ELECTION AND REGISTRATION OF MCCORMICK COUNTY, SO AS TO FURTHER DEFINE THE PROCEDURE FOR APPOINTING MEMBERS TO THAT BOARD.
S. 586 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO MEDICAL REPORTS, PHYSICIAN'S FEES AND HOSPITAL CHARGES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2166, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator COURTNEY, with unanimous consent, S. 586 was ordered to receive a third reading on Wednesday, April 2, 1997.
The following Bills were carried over:
S. 315 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 24-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITNESSES AT AN EXECUTION, SO AS TO REVISE THE NUMBER OF PERSONS WHO MAY WITNESS AN EXECUTION.
(On motion of Senator MOORE)
S. 380 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-25-315 SO AS TO PROVIDE FOR EMERGENCY CEASE AND DESIST ORDERS TO PREVENT THE UNAUTHORIZED TRANSACTION OF INSURANCE BUSINESS WITHIN THIS STATE AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 38-2-10, AS AMENDED, RELATING TO INSURANCE AND ADMINISTRATIVE PENALTIES, SO AS TO PROVIDE THAT TEN PERCENT OF THE AMOUNT COLLECTED AS PENALTIES MUST BE RETAINED BY THE DEPARTMENT OF INSURANCE AND CONSIDERED "OTHER FUNDS", REQUIRE THE DEPARTMENT TO SUBMIT AN ANNUAL REPORT FOR CERTAIN PURPOSES, AND ALLOW THESE COLLECTED FUNDS TO BE CARRIED FORWARD INTO SUCCEEDING FISCAL YEARS; AND TO AMEND SECTION 38-25-330, AS AMENDED, RELATING TO THE PENALTY FOR VIOLATING CHAPTER 25, TITLE 38 ON THE UNAUTHORIZED TRANSACTION OF INSURANCE BUSINESS, SO AS TO REQUIRE A WILFULL VIOLATION BEFORE A CONVICTION MAY BE HAD OR A PENALTY IMPOSED, AND CHANGE THE OFFENSE FROM A MISDEMEANOR TO A FELONY.
(On motion of Senator McCONNELL)
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 310 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 33, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, SO AS TO ENACT THE SOUTH CAROLINA PATIENTS' INSURANCE AND BENEFITS PROTECTION ACT WHICH DEFINES CERTAIN HEALTH CARE PLANS AND OTHER TERMS; SPECIFIES CERTAIN HEALTH INSURANCE COVERAGE OPTIONS WHEN THE INSUREE IS EMPLOYED BY AN EMPLOYER THAT HAS MORE THAN FIFTY EMPLOYEES; AND PROVIDES CERTAIN EXCLUSIONS FROM THE APPLICATION OF THE PROVISIONS OF THIS ARTICLE.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator RYBERG argued contra to the second reading of the Bill.
Senator COURTNEY argued in favor of the second reading of the Bill.
Senators McCONNELL, LEVENTIS, JACKSON, PASSAILAIGUE, GIESE and ROSE proposed the following Amendment No. 1 (310I004.GFM), which was adopted:
Amend the bill, as and if amended, page 4, line 4, after /pharmacist./ by adding the following:
/An advanced practice nurse functioning as authorized by the State Board of Nursing Regulation 91-6 may provide professional services under the advanced practice nurse's scope of practice so long as such services provided are pursuant to protocols by a medical doctor with whom the patient has an established physician-patient relationship. No open panel health care plan offered pursuant to this section may discriminate against an advanced practice nurse. Nothing in this subsection may be construed to require a managed care plan to provide reimbursement to an advanced practice nurse./
Amend the bill further, as and if amended, page 2, by striking line 32 and inserting in lieu thereof the following:
/Section 38-33-620. (A) For purposes of health plans offered pursuant/
Amend the bill further, as and if amended, page 4, line 20, by inserting the following:
/(B) This section shall only apply to employers who employ more than 50 employees, who offer as major medical, hospitalization, and surgical health insurance coverage, only a closed panel health plan./
Amend title to conform.
Senator McCONNELL argued in favor of the adoption of the amendment and Senator MARTIN argued contra.
Senator McCONNELL moved that the amendment be adopted.
Senator MARTIN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Cork Fair* Gregory Martin Mescher Peeler Ryberg J. Verne Smith Waldrep
Alexander Anderson Bryan Courson Courtney Drummond Ford Giese Glover Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Rankin Ravenel Reese Rose Russell Saleeby Setzler Short Thomas Washington Williams Wilson
* This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unamimous consent.
The Senate refused to table the amendment. The question then was the adoption of the amendment.
The amendment was adopted.
Senator RYBERG proposed the following Amendment No. 2 (310R005.WGR), which was tabled:
Amend the bill, as and if amended, page 5, by inserting immediately after line 25:
/Section 38-33-650. This article does not apply to an employer if providing the closed panel health plan required by this article would result in more than a one percent increase in prospective costs to the employer and/or employee./
Amend title to conform.
Senator RYBERG argued in favor of the adoption of the amendment and Senator McCONNELL argued contra.
Senator McCONNELL moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryan Courson Courtney Drummond Ford Giese Glover Hayes Holland Hutto Jackson Land Lander Leventis Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Rankin Ravenel Reese Rose Russell Saleeby Setzler Short Washington Williams
Cork Fair* Gregory Leatherman Martin Peeler RRyberg J. Verne Smith Thomas Waldrep Wilson
* This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unamimous consent.
The amendment was laid on the table.
Senator RYBERG proposed the following Amendment No. 3 (310R004.WGR), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/SECTION 1. Chapter 33, Title 38 of the 1976 Code is amended by adding:
Section 38-33-605. This article may be cited as the 'South Carolina Patients' Bill of Rights Act'.
Section 38-33-610. As used in this article:
(1) 'Covered person or covered persons' means an individual who is enrolled under a closed or open panel health plan to receive health care benefits.
(2) 'Eligibility' means the time at which a covered person elects to receive health care services from a managed care plan by virtue of:
(a) terms of employment;
(b) open enrollment periods;
(c) at any other time during which the managed care plan's procedures or South Carolina law allows enrollment in the plan or allows renewal in the plan; or
(d) the anniversary date of enrollment in the plan.
(3) 'Managed care plan' means any entity licensed by the South Carolina Department of Insurance to provide health care benefits, a health maintenance organization licensed by the South Carolina Department of Insurance, or any preferred provider organization owned in whole or in part by an entity licensed by the South Carolina Department of Insurance. A managed care plan does not include an entity providing health care benefits on an indemnity basis and which does not utilize a network of health care providers.
(4) 'Network providers' means those entities and individuals who provide covered health care services and supplies to covered persons pursuant to a contract with a managed care plan to act as a participating provider.
(5) 'Out-of-network providers' means those entities and individuals who provide covered health care services and supplies who are not network providers.
Section 38-33-620. (A) For purposes of any health insurance plan, health maintenance organization, or any other health benefits plan offered in this State under the jurisdiction of South Carolina law:
(1) Each party to a managed care participating provider agreement is responsible for the legal consequences and costs of their own acts or omissions or both and are not responsible for the acts or omissions or both of the other party. Any clause in a participating provider agreement to the contrary is unlawful in this State, as a matter of public policy, whether entered into before or after January 1, 1998.
(2) To the extent that a managed care plan requires enrollees to receive health benefits through a network of providers, the provisions of participating provider agreements must not limit the network providers:
(a) ability to discuss with a covered person, the treatment options available to the covered person, risks associated with treatments, utilization management decisions, and recommended course of treatment;
(b) legal obligations to covered persons as specified under the provider's professional license.
(B) Nothing in this section shall be construed to:
(1) prevent a managed care plan from prohibiting disclosure by network providers of trade secrets;
(2) subject a managed care plan to liability for clinical decisions made solely by the network provider; and
(3) limit the ability of the managed care plan to otherwise prudently administer its provider contracts.
Section 38-33-630. A managed care plan must disclose in writing and make available to a covered person at the time of eligibility:
(1) services or benefits under the plan, including limitations on services;
(2) rules regarding copayments, prior authorization, and review requirements that apply to the covered person's benefits plan;
(3) potential financial liability for the covered person to pay for a portion of services received from an out-of-network provider;
(4) financial obligations of the covered person for items and services both in and out of the network;
(5) the number, mix, and distribution of network providers and a covered person is entitled to a current list of network providers upon request;
(6) a covered person's rights and responsibilities, including an explanation of any appeals process for the denial of care or services under the plan;
(7) the existence of any limitations on the covered person's choice of providers."
SECTION 2. This act takes effect January 1, 1998./
Amend title to conform.
Senator RYBERG argued in favor of the adoption of the amendment. Senator McCONNELL argued contra.
Senator RYBERG moved that the amendment be adopted.
Senator McCONNELL moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryan Courson Courtney Ford Glover Hayes Holland Hutto Jackson Land Lander Leventis Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Rankin Ravenel Reese Rose Saleeby Setzler Short Washington Williams
Cork Fair* Gregory Leatherman Martin Peeler RRussell Ryberg Smith Thomas Waldrep Wilson
* This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unamimous consent.
The amendment was laid on the table.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
Senator GIESE desired to be recorded as voting in favor of the second reading of the Bill.
Senator RYBERG desired to be recorded as voting against the second reading of the Bill.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 310 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 33, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, SO AS TO ENACT THE SOUTH CAROLINA PATIENTS' INSURANCE AND BENEFITS PROTECTION ACT WHICH DEFINES CERTAIN HEALTH CARE PLANS AND OTHER TERMS; SPECIFIES CERTAIN HEALTH INSURANCE COVERAGE OPTIONS WHEN THE INSUREE IS EMPLOYED BY AN EMPLOYER THAT HAS MORE THAN FIFTY EMPLOYEES; AND PROVIDES CERTAIN EXCLUSIONS FROM THE APPLICATION OF THE PROVISIONS OF THIS ARTICLE.
Senator DRUMMOND moved that the Bill be made a Special Order.
The Bill was made a Special Order.
The Bill was made a Special Order.
Senator WILSON desired to be recorded as voting against the motion to make the Bill a Special Order.
S. 264 (Word version) -- Senators Lander, Bryan and Leventis: A BILL TO AMEND SECTION 12-37-251, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROPERTY TAX RELIEF FUND, BY PROVIDING THAT NINETY PERCENT OF THE REIMBURSEMENT MUST BE PAID WITHIN FIVE WORKING DAYS OF RECEIPT OF THE REQUEST FOR FUNDS FROM THE COUNTY TREASURER.
Senator LANDER moved that the Bill be made a Special Order.
The Bill was made a Special Order.
On motion of Senator ALEXANDER, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable William Howard Ballenger of Walhalla, S.C., former member of the S.C. Senate and former Judge, Tenth Judicial Circuit.
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