Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, in "An American Translation," William A. Beck gives a direct and specific rendering of St. Matthew, Chapter 5 (v. 13):
"You are the salt of the world...
You are the light of the world...
So let your light shine before people that they may see the good
you do and praise your Father in Heaven."
Let us pray.
Our Father-God, in our computer world full of numbers games, we are tempted to believe cynically that as individuals we don't really count for much. Tell us again and again that it isn't so!
We thank You for reminding us, in many ways, that, if we really try to live the good life there is someone somewhere that catches the flavor of it.
Remind us anew, when we are tempted to give up or give in, that, if our values and goals are God's values and goals, we dare not even think of giving up or giving in. Our only alternative is to try, try, try again and again.
So we take heart with the words:
"You are the salt of the world!
You are the light of the world!
Let your light shine!
So back to our work we go!"
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable James H. Hodges:
Initial Appointment, South Carolina Commission on Minority Affairs, with term to commence June 30, 1999, and to expire June 30, 2003:
6th Congressional District:
Albert A. Neal, 217 Cordova Drive, Columbia, S.C. 29203 VICE Angela Grooms
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina Commission on Women, with term to commence October 18, 1997, and to expire October 18, 2001:
At-Large:
Beverly A. Carroll, Kennedy, Covington, Lobdell & Hickman, LLp, P.O. Box 11429, Rock Hill, S.C. 29731 VICE Susan B. Hoag
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina Commission on Women, with term to commence October 18, 1999, and to expire October 18, 2003:
At-Large:
Johnnie Dodenhoff Fulton, Fulton and Barr, PA, P.O. Box 17947, Greenville, S.C. 29606 VICE Diane M. Brown
Referred to the Committee on Judiciary.
Reappointment, South Carolina Board of Long Term Health Care Administrators, with term to commence June 9, 1999, and to expire June 9, 2002:
Community Residential Care Administrator:
Merry Anne Gaddy, 212 Lakeview Drive, Summerville, S.C. 29485
Referred to the Committee on Medical Affairs.
Reappointment, South Carolina Board of Long Term Health Care Administrators, with term to commence June 9, 1999, and to expire June 9, 2002:
Long Term Care Council:
Brown McCallum, Presbyterian Home of South Carolina, 201 West Ninth North Street, Summerville, S.C. 29483
Referred to the Committee on Medical Affairs.
The following was received and referred to the appropriate committee for consideration:
Document No. 2504
Agency: Department of Health and Environmental Control
SUBJECT: Environmental Protection Fees
Received by Lieutenant Governor March 13, 2000
Referred to Medical Affairs Committee
Legislative Review Expiration July 11, 2000 (Subject to Sine Die Revision)
Senator J. VERNE SMITH introduced Dr. Theodore A. (Ted) Watson of Greenville, S.C., Doctor of the Day.
On motion of Senator O'DELL, at 12:15 P.M., Senator WALDREP was granted a leave of absence until 2:00 P.M.
On motion of Senator PATTERSON, at 12:15 P.M., Senator WASHINGTON was granted a leave of absence for today.
On motion of Senator ANDERSON, at 2:30 P.M., Senator JACKSON was granted a leave of absence until Thursday, March 16, 2000.
Senator LEVENTIS rose for an Expression of Personal Interest.
I've got to raise an issue for your knowledge because I think that as we begin to approach the budget bill, it's absolutely appropriate. I'm going to ask unanimous consent to hand out an article that appeared in The State newspaper this morning and then I'm going to refer to that article.
I know we normally don't talk about specific companies here from the Senate floor, but the article title is, "Safety-Kleen Says It's Short of Cash." Now this company does many things in this State and I'm sure they do many of them very well, but the one thing that I need to draw your attention to is that they operate the only commercial hazardous waste landfill in the State and one of two in the Southeast. Over the last twenty-plus years, they have collected three million tons of hazardous waste.
In 1989, the Department of Health and Environmental Control had a study done by Pete Marwick Company. That study indicated that this company, or whatever company who ran the hazardous waste landfill should build up a cash trust fund for the State, in the possession of the State, for the State to address problems with the site. As many of you know, in the area of nuclear waste there is over $120 million cash trust fund available in the possession of the State to deal with issues if they may arise with that facility, but there is not a similar trust fund with this facility.
What this article points out is that the company is short of money, that there are many significant questions about the statement of their financial position and that they may not be able to continue to operate.
In January of this year, the Appeals Court of this State rendered a decision which said that the company should post a cash trust fund as DHEC had ordered back in 1993, and, that they should catch up on this trust fund since 1993. They should, if the Court ruling stands, which I trust it will, give the State $70 million now and continue to put $15 million each year into the cash trust fund over the next several years until the trust fund is at $133 million in 1989 dollars -- which, of course, is more than $133 million.
I think you should be aware that when the State Appeals Court rendered its decision in January, that the corporate attorney for this company said that if they could not get relief in the courts from having to post this money to the State, they would seek relief in this General Assembly from the requirement to put up cash money for the citizens of South Carolina in the event of environmental problems.
I want you to glance at this State newspaper article. I want you to understand that there may be attempts, possibly through the budgetary process in the House to keep this company from having to pay into the cash trust fund. Basically, if the story in The State is correct, they have no money to pay into the cash trust fund anyway. And, of course, currently they have offered a corporate guarantee to indemnify the State. The sum and substance of my bringing this to your attention is that it wouldn't be appropriate for me to do this if their corporate attorney had not said in a January newspaper article that if they cannot get relief from the courts so they don't have to give this money to the State, that they will seek relief in this Legislature.
I just want to put you on notice that these are the folks that don't want to put up a cash trust fund with the State and, I believe, are about to leave this State holding a $100 million-plus bag of hazardous waste that contains over three million tons of material.
Sen. Giese: Have they posted a bond or anything that we could go against if we have a problem?
Sen. Leventis: They have posted a corporate guarantee.
Sen. Giese: Explain if that is not a bond, what is it?
Sen. Leventis: It's a guarantee that if the State ever calls on them for money, that they will then provide the money to the State.
Sen. Giese: It's not a third-party bond?
Sen. Leventis: No, it's not a bond. They have insurance, but that, too, has never paid off on a large-scale environmental impairment in this country.
Sen. Courson: I just want to commend the Senator from Sumter. He's been a sage almost in the wilderness on this issue for fifteen years. Not only as far as a conservation component, but you've been very concerned also about the financial component. We thank you, Senator, for what you have done.
On motion of Senator COURSON, with unanimous consent, ordered printed in the Journal.
S. 938 (Word version) -- Senators Reese, Elliott, McConnell, Ravenel and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-220 SO AS TO REQUIRE LOCAL LAW ENFORCEMENT AGENCIES TO ASSIST THE STATE HIGHWAY PATROL IN MONITORING AND DIRECTING TRAFFIC ON INTERSTATE HIGHWAYS THAT PASS THROUGH THEIR RESPECTIVE JURISDICTIONS WHERE A STATE OF EMERGENCY HAS BEEN DECLARED BY THE GOVERNOR.
On motion of Senator GROOMS, with unanimous consent, the name of Senator GROOMS was added as a co-sponsor of S. 938.
S. 978 (Word version) -- Senators Leventis, McConnell, Ravenel, Passailaigue, Grooms and Rankin: A BILL TO AMEND SECTION 48-39-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COASTAL ZONE MANAGEMENT APPELLATE PANEL, SO AS TO CHANGE THE NAME TO THE SOUTH CAROLINA COASTAL COUNCIL AND TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE COASTAL COUNCIL AND TO SPECIFY THE PROCEDURES FOR APPEALING DECISIONS OF THE COASTAL COUNCIL RELATING TO SIGNIFICANT OR CONTROVERSIAL PERMIT APPLICATIONS AND CONSISTENCY CERTIFICATIONS; TO AMEND SECTIONS 48-39-150, 48-39-180, 48-39-280, AND 48-39-290, ALL AS AMENDED, AND ALL RELATING TO, AMONG OTHER THINGS, APPEALS OF PERMIT DECISIONS, SO AS TO CONFORM THESE PROVISIONS TO CHANGES MADE IN THIS ACT.
On motion of Senator BRANTON, with unanimous consent, the name of Senator BRANTON was added as a co-sponsor of S. 978.
S. 130 (Word version) -- Senators Passailaigue, McConnell, Wilson, Elliott, Giese, Branton, Courson, Reese and Setzler: A BILL TO AMEND SECTION 12-6-1170, AS AMENDED, OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO PROVIDE A DEDUCTION OF ONE HUNDRED PERCENT OF TAXABLE INCOME FOR TAXPAYERS AT LEAST SIXTY-FIVE YEARS OF AGE, PHASED IN OVER FIVE TAXABLE YEARS WITH A MAXIMUM DEDUCTION OF $17,500 FOR THE 1998 TAXABLE YEAR, AND TO PROVIDE PROCEDURES TO IMPLEMENT THIS DEDUCTION.
On motion of Senator MESCHER, with unanimous consent, the name of Senator MESCHER was added as a co-sponsor of S. 130.
H. 4699 (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 OCCUPATIONAL THERAPY, RELATING TO DEFINITIONS, OFFICERS OF THE BOARD, BOARD MEETINGS, LICENSURE, CONTINUING EDUCATION, FEES, AND CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2378, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Bill from the Committee on Labor, Commerce and Industry.
There was no objection.
Senator J. VERNE SMITH asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator J. VERNE SMITH asked unanimous consent to commit the Bill to the Committee on Medical Affairs.
There was no objection.
H. 4378 (Word version) -- Reps. Bailey and Littlejohn: A BILL TO AMEND TITLE 10, CHAPTER 5, ARTICLE 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSTRUCTION AND RENOVATION OF PUBLIC BUILDINGS AND OTHER PROJECTS, SO AS TO STATUTORILY ADOPT THE AMERICAN NATIONAL STANDARDS INSTITUTE CODE AND TO CHANGE TERMINOLOGY TO CONFORM TO THIS CODE; TO PROVIDE THAT ONE MEMBER OF THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN MUST BE A BUILDING OFFICIAL AND TO MAKE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AN EX OFFICIO MEMBER; TO PROVIDE THAT THE BOARD IS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO CLARIFY PROCEDURES FOR THE REVIEW AND APPROVAL OF BUILDING PLANS SO AS TO CONFORM TO OTHER STATUTORY PROVISIONS PERTAINING TO BUILDING CODES; AND TO DELETE PROVISIONS PERTAINING TO BUILDING CODE EXCEPTIONS, ENFORCEMENT, AND CRIMINAL PENALTIES SO AS TO CONFORM TO OTHER STATUTORY PROVISIONS PERTAINING TO BUILDING CODES.
Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
Senator J. VERNE SMITH asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator J. VERNE SMITH asked unanimous consent to commit the Bill to the Committee on Labor, Commerce and Industry.
There was no objection.
The following were introduced:
S. 1236 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, CONTRACTORS' LICENSING BOARD, RELATING TO EXAMINATION REQUIREMENTS, CLASSIFICATIONS, MECHANICAL CONTRACTORS LICENSURE REQUIREMENTS, OWNER-PREPARED FINANCIAL STATEMENT, GENERAL CONTRACTORS-HIGHWAY CLASSIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2488, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
l:\council\bills\gjk\21103afc00.doc
Read the first time and ordered placed on the Calendar without reference.
S. 1237 (Word version) -- Senators Wilson and Setzler: A CONCURRENT RESOLUTION TO COMMEND AND HONOR TED L. LIGHTLE, DIRECTOR OF THE OFFICE OF INFORMATION RESOURCES OF THE SOUTH CAROLINA BUDGET AND CONTROL BOARD SINCE ITS INCEPTION IN 1983, FOR HIS GUIDANCE, LEADERSHIP, AND HARD WORK IN PREPARING THE SOUTH CAROLINA STATE GOVERNMENT FOR THE NEW MILLENNIUM IN ITS TELECOMMUNICATIONS CAPABILITIES AND TO EXPRESS BEST WISHES AND GODSPEED TO HIM ON HIS RETIREMENT.
l:\council\bills\skb\18251som00.doc
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1238 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 19 TO TITLE 37 SO AS TO ENACT THE "PYRAMID AND CHAIN SCHEMES ACT", TO DEFINE AND PROHIBIT A PYRAMID DISTRIBUTION SCHEME, AND TO PROVIDE FOR CIVIL REMEDIES AND CRIMINAL PENALTIES FOR VIOLATIONS OF THE PROHIBITION.
l:\council\bills\dka\3761mm00.doc
Read the first time and referred to the Committee on Banking and Insurance.
S. 1239 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 12-51-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR EFFECTING A SALE OF REAL PROPERTY FOR DELINQUENT TAXES, SO AS TO REMOVE THE REQUIREMENT THAT THE REAL PROPERTY BE PARTITIONED BEFORE THE SALE.
l:\council\bills\dka\3763mm00.doc
Read the first time and referred to the Committee on Finance.
S. 1240 (Word version) -- Senators Fair and Bryan: A BILL TO AMEND SECTION 56-5-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITTED ACTS OF THE DRIVER OF AN AUTHORIZED EMERGENCY VEHICLE OPERATING THE VEHICLE AT CERTAIN TIMES, SO AS TO ALLOW THE DRIVER TO DISREGARD OTHER TRAFFIC REGULATIONS AS WELL AS SPEED LIMITS UNDER CERTAIN CONDITIONS.
l:\council\bills\skb\18167som00.doc
Read the first time and referred to the Committee on Transportation.
S. 1241 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 56-3-3910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES, SO AS TO FURTHER PROVIDE FOR THE RESERVATION AND ISSUANCE OF SUCH PLATES.
l:\s-res\jym\001shag.kad.doc
Read the first time and referred to the Committee on Transportation.
S. 1242 (Word version) -- Agriculture and Natural Resources Committee: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE BY ADDING CHAPTER 40 SO AS TO ESTABLISH THE "SOUTH CAROLINA GRAIN DEALERS GUARANTY FUND" INTO WHICH ASSESSMENTS ON FEED GRAINS OR OIL SEEDS MUST BE PAID FOR THE PURPOSE OF REIMBURSING GRAIN DEALERS FOR LOSSES INCURRED AS A RESULT OF THE BANKRUPTCY OF A SPECIFIED DEBTOR AND TO CONTINUE THE FUND THEREAFTER FOR THE BENEFIT OF GRAIN DEALERS WHO SUFFER LOSSES AGAINST OTHER DEBTORS FROM BANKRUPTCY, EMBEZZLEMENT, OR FRAUD, TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE REIMBURSEMENTS MUST BE PAID INCLUDING A PROVISION THAT THE INSURANCE RESERVE FUND IS AUTHORIZED TO LOAN MONIES TO PROVIDE FUNDING TO PAY CERTAIN CLAIMS; TO CHANGE THE NAME OF SOUTH CAROLINA DEALERS AND HANDLERS GUARANTY FUND TO THE SOUTH CAROLINA GRAIN PRODUCERS GUARANTY FUND; AND TO AMEND SECTION 46-41-200, RELATING TO THE SOUTH CAROLINA DEALERS AND HANDLERS GUARANTY FUND, SO AS TO CHANGE ITS NAME ACCORDINGLY.
l:\council\bills\pt\1937sd00.doc
Read the first time and ordered placed on the Calendar without reference.
S. 1243 (Word version) -- Senator Holland: A CONCURRENT RESOLUTION TO HONOR AND COMMEND CINDI ROSS SCOPPE, ASSOCIATE EDITOR OF THE STATE NEWSPAPER, ON BEING AWARDED THE "2000 AMBROSE E. GONZALES AWARD", AND ON BEING CHOSEN THE "1999 SOUTH CAROLINA JOURNALIST OF THE YEAR" BY THE SOUTH CAROLINA PRESS ASSOCIATION.
l:\council\bills\skb\18229som00.doc
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1244 (Word version) -- Senators Leventis and Holland: A SENATE RESOLUTION TO RECOGNIZE AND CONGRATULATE THE FAMILY OF SERGEANT FIRST CLASS EDDIE JACKSON AND MRS. JULIE JACKSON OF CAMDEN FOR THEIR SELECTION AS FAMILY OF THE YEAR FOR 1998 BY THE SOUTH CAROLINA ARMY NATIONAL GUARD.
l:\council\bills\swb\5100djc00.doc
The Senate Resolution was adopted.
S. 1245 (Word version) -- Senator Land: A SENATE RESOLUTION TO EXPRESS THE SINCERE SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF HUGH HAMILTON JEFFORDS, FORMER MAYOR OF BISHOPVILLE, WHO PASSED AWAY TUESDAY, MARCH 7, 2000, AND TO RECOGNIZE AND HONOR HIM FOR HIS MANY ACCOMPLISHMENTS AND HARD WORK EXPENDED TO BENEFIT THE PEOPLE OF BISHOPVILLE AND LEE COUNTY.
l:\council\bills\skb\18262som00.doc
The Senate Resolution was adopted.
S. 1246 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 12-10-30 AND SECTION 12-10-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTERPRISE ZONES, SO AS TO ADD APPROPRIATE DEFINITIONS AND TO FURTHER PROVIDE QUALIFYING CRITERIA FOR ELIGIBLE BUSINESSES.
l:\s-res\lar\008ente.jh.doc
Read the first time and referred to the Committee on Finance.
H. 3266 (Word version) -- Reps. D. Smith, J. Brown, W. McLeod and Miller: A BILL TO AMEND CHAPTER 56, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT BY ADDING ARTICLE 7, SO AS TO ESTABLISH A VOLUNTARY CLEANUP PROGRAM AND TO PROVIDE FOR ITS PURPOSES AND THE PROCEDURES UNDER WHICH IT IS TO OPERATE.
Read the first time and referred to the Committee on Medical Affairs.
H. 3434 (Word version) -- Reps. Campsen, Altman, Davenport, Inabinett and Sharpe: A BILL TO AMEND CHAPTERS 4 AND 5 OF TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WATER USE REPORTING AND COORDINATION ACT AND THE GROUNDWATER USE ACT, SO AS TO DENOMINATE THESE CHAPTERS AS THE "SOUTH CAROLINA SURFACE WATER WITHDRAWAL AND REPORTING ACT" AND THE "GROUNDWATER USE AND REPORTING ACT" RESPECTIVELY, AND, AMONG OTHER THINGS, TO CHANGE THE THRESHOLD AMOUNT OF WATER WITHDRAWAL REQUIRING REGISTRATION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM A DAILY MEASUREMENT TO A MONTHLY MEASUREMENT; TO REVISE THE CATEGORIES OF WATER USERS REQUIRED TO REGISTER TO INCLUDE ONLY WATER WITHDRAWERS; TO REQUIRE WATER WITHDRAWERS TO REPORT TO THE DEPARTMENT ANNUALLY, RATHER THAN QUARTERLY; TO REVISE DROUGHT REPORTING PROCEDURES; TO REQUIRE NOTIFICATION TO THE DEPARTMENT FOR CERTAIN DEPTH WELL DRILLING IN A NONCAPACITY USE AREA BEFORE DRILLING BEGINS RATHER THAN AFTER THE WELL IS DRILLED AND TO REQUIRE PUBLIC NOTICE BE PROVIDED OF SUCH WELL DRILLING; TO AUTHORIZE THE DEPARTMENT TO INITIATE THE PROCESS FOR DESIGNATING AN AREA AS A CRITICAL USE AREA, RATHER THAN AUTHORIZING ONLY LOCAL GOVERNMENTS TO INITIATE THIS PROCESS; TO PROVIDE THAT THE ISSUANCE OF PERMITS IN CAPACITY USE AREAS MUST BE BASED UPON LOCALLY DEVELOPED PLANS RATHER THAN ON DEPARTMENT GUIDELINES AND TO PROVIDE AN EXCEPTION; AND TO PROVIDE PENALTIES.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 3741 (Word version) -- Reps. Sharpe, Wilkes and Davenport: A BILL TO AMEND CHAPTER 2 OF TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENVIRONMENTAL PROTECTION FUND, BY ADDING ARTICLE 3 SO AS TO ENACT THE ENVIRONMENTAL EMERGENCY FUND ACT WHICH CREATES THE "ENVIRONMENTAL EMERGENCY FUND", DEFINES ENVIRONMENTAL EMERGENCIES, REQUIRES THAT ALL FINES AND PENALTIES COLLECTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, NOT OTHERWISE DESIGNATED, TO BE CREDITED TO THE FUND, ESTABLISHES A TWO HUNDRED FIFTY THOUSAND DOLLAR CAP FOR THE FUND, AND PROVIDES FOR USE OF THESE FUNDS; TO AMEND SECTION 58-5-720 RELATING TO THE FILING OF BONDS OF CERTIFICATES OF DEPOSIT BEFORE APPROVAL OF CONSTRUCTION OR OTHER WORK ON WATER OR SEWER SYSTEMS SO AS TO INCREASE THE AMOUNT OF THE BOND FROM A MINIMUM OF TEN THOUSAND DOLLARS TO TWENTY-FIVE THOUSAND DOLLARS AND A MAXIMUM OF FIFTY THOUSAND DOLLARS TO ONE HUNDRED THOUSAND DOLLARS; TO DESIGNATE SECTIONS 48-2-10 THROUGH 48-2-90 AS ARTICLE 1, CHAPTER 2, TITLE 48 ENTITLED ENVIRONMENTAL PROTECTION FUND; TO RENAME CHAPTER 2 OF TITLE 48, AS ENVIRONMENTAL PROTECTION FUNDS.
Read the first time and referred to the Committee on Medical Affairs.
H. 3925 (Word version) -- Rep. Sharpe: A BILL TO AMEND ARTICLE 1, CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SAFE DRINKING WATER ACT, SO AS TO REVISE AND ADD DEFINITIONS, TO CHANGE REFERENCES FROM "WATER SUPPLIES" TO "WATER SYSTEMS", TO REVISE VARIOUS PUBLIC WATER SYSTEM CONSTRUCTION PERMIT REQUIREMENTS, INCLUDING REVISING THE WATER SYSTEMS CLASSIFICATIONS, TO CONFORM REFERENCES AND TERMS TO THE REVISED DEFINITIONS, TO REVISE AN EXEMPTION RELATING TO RECREATIONAL ACTIVITIES IN RESERVOIRS, TO CLARIFY THE PENALTY FOR CONTINUOUS PUBLIC WATER SYSTEM VIOLATIONS, AND TO DELETE THE PROVISION THAT ANNUAL WATER SYSTEM FEES MUST BE ESTABLISHED ANNUALLY IN THE GENERAL APPROPRIATIONS ACT AND PROVIDE THAT THESE FEES MUST BE ESTABLISHED IN REGULATION.
Read the first time and referred to the Committee on Medical Affairs.
H. 4017 (Word version) -- Ways and Means Committee: A BILL TO AMEND SECTION 59-123-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, AND THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA CONSTITUTING THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY FOR THE MANAGEMENT AND OPERATION OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS, SO AS TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE BOARD ACTING AS THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY AND FOR OTHER MATTERS PERTAINING TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND THE AUTHORITY INCLUDING FREEDOM OF INFORMATION ACT PROVISIONS AND THE EXPENDITURE, RECEIPT, AND TRANSFER OF CERTAIN FUNDS AND STATE APPROPRIATIONS; AND TO PROVIDE THAT THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY SHALL BE THE SUCCESSOR TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA HOSPITAL; TO AMEND SECTION 8-11-260, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE PERSONNEL POLICIES AND REQUIREMENTS, SO AS TO EXEMPT EMPLOYEES OF THE HOSPITALS AND CLINICS FROM BUDGET AND CONTROL BOARD PERSONNEL ADMINISTRATION; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO EXEMPT MEDICAL UNIVERSITY HOSPITAL AUTHORITY EMPLOYEES FROM THE STATE EMPLOYEE GRIEVANCE ACT; AND TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE PROCUREMENT CODE, SO AS TO ADD AN EXEMPTION TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY.
Read the first time and referred to the Committee on Education.
H. 4017 (Word version) -- Ways and Means Committee: A BILL TO AMEND SECTION 59-123-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, AND THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA CONSTITUTING THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY FOR THE MANAGEMENT AND OPERATION OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS, SO AS TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE BOARD ACTING AS THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY AND FOR OTHER MATTERS PERTAINING TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND THE AUTHORITY INCLUDING FREEDOM OF INFORMATION ACT PROVISIONS AND THE EXPENDITURE, RECEIPT, AND TRANSFER OF CERTAIN FUNDS AND STATE APPROPRIATIONS; AND TO PROVIDE THAT THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY SHALL BE THE SUCCESSOR TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA HOSPITAL; TO AMEND SECTION 8-11-260, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE PERSONNEL POLICIES AND REQUIREMENTS, SO AS TO EXEMPT EMPLOYEES OF THE HOSPITALS AND CLINICS FROM BUDGET AND CONTROL BOARD PERSONNEL ADMINISTRATION; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO EXEMPT MEDICAL UNIVERSITY HOSPITAL AUTHORITY EMPLOYEES FROM THE STATE EMPLOYEE GRIEVANCE ACT; AND TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE PROCUREMENT CODE, SO AS TO ADD AN EXEMPTION TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY.
Senator PASSAILAIGUE asked unanimous consent to make a motion to recall the Bill from the Committee on Education.
There was no objection.
Senator PASSAILAIGUE 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 second reading of the Bill.
Senator PASSAILAIGUE proposed the following amendment (4017R001.ELP), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting in lieu thereof the following:
/SECTION 1. Section 59-123-60 of the 1976 Code, as amended by Part II, Section 78 of Act 100 of 1999 and by Act 116 of 1999, is further amended to read:
"Section 59-123-60. (A) The board of trustees shall elect one of its number to be chairman and is authorized to elect a university president, one or more vice-presidents, and a secretary, prescribe their duties and terms of office, and fix their compensation. It shall elect teachers of professorial rank in the various colleges which make up The the Medical University of South Carolina and other officers and employees as may be necessary for the proper conduct of the university and fix their compensation, the fees and charges of students, and the rules for the government of the university. The board of trustees also has the following powers:
(1) to make bylaws and regulations considered expedient for the management of its affairs and its own operations not inconsistent with the Constitution and laws of this State or of the United States;
(2) to confer the appropriate degrees in medicine, dental medicine, pharmacy, nursing, health-related professions, and graduate studies in related health fields upon students and other persons as in the opinion of the board of trustees may be qualified to receive them.; and
(3) to make contracts and to have, to hold, to purchase, and to lease real estate and personal property for corporate purposes; and to sell and dispose of personal property and any buildings that are considered by it as surplus property or no longer needed and any buildings that it may need to do away with for the purpose of making room for other construction. These powers must be exercised in a manner consistent with the provisions of Chapter 35 of Title 11.
(B) All revenues of the Medical University of South Carolina, the Medical University Hospital, and any funds transferred to the Medical University for from a practice plan for faculty established in the College of Medicine, and any for-profit corporation established by the practice plan are considered public funds and must therefore be expended for a public purpose as that purpose is defined in the applicable state law and regulations. For purposes of this subsection, and in addition to all other applicable laws and regulations, public purposes also do not include expenditures for purchasing gifts, making political or other contributions, and reimbursing officers' and employees' travel and subsistence expenses in excess of those authorized by law for state employees away from their job site on official business.
(C) The provisions of the Freedom of Information Act apply to any practice plan entity established for the faculty whether or not for profit, the Medical University Hospital Authority, except that access is not allowed under this section to patient records or insurance information with respect to patients.
(D) No member Members of the Medical University Board, officers in the administration of the university, including deans of the various colleges, or a current or former president of the Medical University may own any interest in businesses or property acquired by the Medical University or any of its affiliates or subsidiaries nor may the aforementioned officers have a financial interest in a business contracting or subcontracting with the Medical University or any of its subsidiaries or affiliates while serving as members of the hospital authority and the officers and employees of the hospital authority, shall be subject to applicable state ethics and accountability provisions of law.
(E) As shall be provided in an implementing resolution by the Board of Trustees of the Medical University of South Carolina, the Board of Trustees of the Medical University of South Carolina is becomes the governing body of the Medical University Hospitals and Clinics hospitals, clinics, and other health care and related facilities (hereinafter 'hospital') as shall be determined from time to time by resolution of the board (hereinafter 'hospital'). Whenever the board functions in its capacity as the governing authority body of the hospital, the board of trustees is constituted and designated as the Medical University Hospital Authority, an agency of the State of South Carolina (hereinafter called authority). The board, as the governing body of the authority, has the powers granted the Board of Trustees of the Medical University of South Carolina under this chapter and the following powers:
(1) make and amend bylaws for its governance consistent with the purposes of this chapter;
(2) make bylaws for the management, regulation, and operation of the hospital;
(3)(a) make contracts and have, hold, purchase, and lease real estate and personal property for corporate purposes; and sell and dispose of personal property and any buildings that are considered by it as surplus property or no longer needed and any buildings that it may need to do away with for the purpose of making room for other construction. These contracts are exempt from the South Carolina Consolidated Procurement Code and Regulations, but the authority must adopt a procurement policy requiring competitive bidding for construction contracts, which must be filed with and approved by the State Budget and Control Board;
(b) sell, convey, mortgage, lease, exchange, and otherwise dispose of any real property subject to the authority and approval of the Budget and Control Board. These activities under this subitem are exempt from all regulations and general laws governing disposal of surplus government property. The proceeds derived from the lease of any real property, net of transaction costs and payment of any debts secured by such property, shall be remitted to the MUSC Board of Trustees to be used exclusively for the support of the Medical University. The proceeds derived from the disposition of any real property, net of transaction costs and payment of any debts secured by such property, shall be remitted to the MUSC Board of Trustees to be used exclusively for the support of the Medical University;
(c) make contracts and guarantees, to incur liabilities, to issue its notes, bonds, and other obligations, and secure any of its obligations by mortgage or pledge of any of its property, or income in a manner to be in the best interest of the authority. Any guarantee or indebtedness of the authority shall not create an obligation of the State, nor shall such guarantee or indebtedness be considered a debt against the general revenue of the State;
(d) for the purpose of effectuating the provisions of subitem (c) above, utilize all provisions of the Hospital Revenue Bond Act. The issuance by the authority of any bonds, notes, or other obligations or indebtedness, except as provided in this subitem, shall be subject to the approval thereof by resolution of the State Budget and Control Board. Except for such approving resolution, the requirements of Section 44-7-1590 of the Hospital Revenue Bond Act shall be applicable to obligations issued by the authority. The authority may issue revenue anticipation notes and such notes shall have a maturity of not exceeding six months from date of issuance and shall not exceed, in the aggregate, ten percent of the net patient service revenue for the fiscal year of the authority preceding the fiscal year in which such obligations are issued;
(4) receive contributions, donations, and payments and invest and disburse its funds; provided, however, that these funds are funds which must be used for public purposes, and further, that the authority may not use or authorize the use of funds, property, or time to influence the outcome of an election;
(5) construct, operate, and maintain the hospital and related premises, buildings and facilities, and infrastructure;
(6) appoint such officers, employees, personnel, and agents of the hospital authority and define such duties and fix their compensation in such manner as is necessary to carry out the hospital's authority's activities and affairs; the leave, holiday, and vacation policies of the authority's personnel and employees are exempt from Budget and Control Board personnel policies and applicable laws as they specifically relate to those policies; all personnel employed at by the hospital authority are exempt from the provisions of Article 5, Chapter 17 of Title 8, the State Employee Grievance Procedure, but the board shall adopt a grievance procedure substantially similar to the provisions of that article to govern personnel and employees of the hospital authority, and this procedure must be filed with and approved by the State Budget and Control Board. All employees of the hospital authority must be furnished a copy of this grievance procedure; all personnel employed at by the hospital authority are employees-at-will and are state employees for purposes of eligibility for participation in the South Carolina Retirement System, the State Health Insurance Group plans, and pursuant to the South Carolina Tort Claims Act;
(7) make pension payments to the South Carolina Retirement Systems on behalf of personnel or employees employed at by the hospital authority who qualify in the same manner as other state employees in the executive branch of government;
(8) pay contributions to the Office of Insurance Services for health and dental plans on behalf of personnel employed at by the hospital authority who qualify in the same manner as other state employees in the executive branch of government;
(9) receive, expend, and control under its own name and account any appropriated funds, federal funds, donations, and grants made available to the hospital authority; provided, however, that these funds are funds which must be used for a public purpose, and further, that the authority may not use or authorize the use of funds, property, or time to influence the outcome of an election;
(10) conduct an annual fiscal audit by certified public accountants selected by the authority who shall review the accounts of the hospital authority and report such findings of the audit to the Governor and the General Assembly in accordance with generally accepted auditing standards;
(11) prepare and submit an annual budget to the General Assembly and the Budget and Control Board for review;
(12) establish management controls and staffing of personnel as the authority deems most appropriate for the prudent conduct of the activities and affairs of the hospital; provided, that they establish an internal audit function that would report directly to the authority;
(13) establish such not-for-profit corporations as the authority board considers necessary to assist the authority in carrying out its functions; provided, that any entity created pursuant to this subsection is considered to be an entity of the authority and subject to all laws and regulations applicable to the authority under this section. The formation of for-profit corporations by the authority is strictly prohibited;.
(14) upon(F) Upon review of the audit report required in Section 59-123-60(B)(E)(10), the legislature, by joint resolution, or the Governor, by Executive Order, may request audits to be completed by the State Auditors Office or the Legislative Audit Council. Based on the findings reported in the audit required in Section 59-123-60(B)(E)(10) by the State Auditors Office or by the Legislative Audit Council, the legislature, by joint resolution, may require intervention by the Budget and Control Board for the purposes of rectifying any material findings reflected in the audits;.
(15)(G) a trustee serving on the Board of Trustees of the Medical University Hospitals and Clinics, a A member of the Medical University Board, an officer in the administration of the university, including deans of the various colleges, the President of the Medical University, or any other officer of the authority or any of its affiliates who have been found guilty of malfeasance, misfeasance, incompetence, absenteeism, conflict of interest, misconduct, persistent neglect of duty in office, or incapacity shall be subject to removal by the Governor upon any of the foregoing causes being made to appear to the satisfaction of the Governor. But before removing any such person, the Governor shall inform him in writing of the specific charges against him and give him an opportunity on reasonable notice to be heard. The Governor shall appoint a successor to fill the vacancy created by his removal. The successor appointed by the Governor is to serve in that position until a successor is elected and qualified in accordance with Section 59-123-50;.
(16)(H) the Medical University Hospitals and Clinics The authority shall offer and provide to the Medical University of South Carolina the services necessary for the training and education of health professionals;.
(17)(I) Beginning in fiscal year 2000-2001 state appropriations to the Medical University of South Carolina for support of the Medical University hospitals and clinics shall be redirected to the Department of Health and Human Services. These funds shall be used as match funds for the disproportionate share for Hospitals the hospital's federal program. Any excess funding may be used for hospital base rate increases. Beginning in fiscal year 2000-2001 and in subsequent years, the Department of Health and Human Services shall pay to the Medical University of South Carolina Hospital Authority an amount equal to the amount appropriated for its disproportionate share to the Department of Health and Human Services. This payment shall be in addition to any other funds that are available to the authority from the Medicaid program inclusive of the disproportionate share for the hospital's federal program. The Medical University Hospitals and Clinics authority shall continue to be operate the hospital as a health provider for the citizens of South Carolina and the clinical site for the education and training programs of the Medical University of South Carolina.
(J) The board, as the governing body of the authority, shall adopt a written policy for the hospital for the expenditure of public funds. Public funds may be expended for events which recognize academic and research excellence and noteworthy accomplishments of members of the faculty and staff, students, and distinguished guests of the authority. Sources of the funds for these expenditures include only nonappropriated state funds. The expenditure of funds from these sources pursuant to the written policy of the board for the purpose stated in this section are considered to meet the public purpose test for expenditure of public funds.
(K) The authority and its permanent improvements and the financing thereof shall be exempt from the provisions of Chapter 47 of Title 2, and the leasing of property and the granting of easments and rights of way by the authority shall be exempt from the provisions of Sections 1-11-55, 1-11-56, 1-11-57(1), and 10-1-130.
(L) The authority and the board of trustees as the governing body of the authority shall succeed to all of the rights, duties, and obligations of the Medical University of South Carolina and the board of trustees, respectively, as owner and operator of the hospital. All property, real, personal, tangible, or intangible (including, without limitation, deposits, investments, and accounts receivable) of the Medical University relating to the hospital shall be and become the property of the authority. The Medical University and its officers are authorized to execute and deliver such instruments of conveyance or agreements as may be determined by the board to be necessary or useful to effect or evidence such transfer."
SECTION 2. Section 8-11-260 of the 1976 Code, as last amended by Act 452 of 1994, is further amended by adding a new item to be appropriately lettered to read:
"( ) Employees of the Medical University Hospital Authority."
SECTION 3. Section 8-17-370 of the 1976 Code, as last amended by Act 284 of 1996, is further amended by adding a new item to be appropriately numbered to read:
"( ) Employees of the Medical University Hospital Authority, provided the Medical University Hospital Authority has promulgated an employee grievance plan in accordance with its enabling provision."
SECTION 4. Section 11-35-710 of the 1976 Code, as last amended by Act 153 of 1997, is further amended by adding a new item to be appropriately lettered to read:
"( ) Medical University Hospital Authority, provided the Medical University Hospital Authority has promulgated a procurement process in accordance with its enabling provision."
SECTION 5. If any term or provision of a section of this act is found to be illegal, unconstitutional, or unenforceable, the remainder of this act is to remain in full force and effect and the illegal, unconstitutional, or unenforceable term or provision is deemed severable from the other provisions of this act. /
SECTION 6. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was amended and ordered placed on the second reading Calendar.
H. 4349 (Word version) -- Reps. Bailey and Littlejohn: A BILL TO AMEND CHAPTER 59, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENTIAL BUILDERS, BY ADDING ARTICLE 4 SO AS TO REQUIRE A CERTIFICATE OF AUTHORIZATION FOR A FIRM TO PRACTICE RESIDENTIAL BUILDING, RESIDENTIAL SPECIALTY CONTRACTING AND HOME INSPECTING, TO ESTABLISH REQUIREMENTS FOR OBTAINING A CERTIFICATE, AND TO FURTHER PROVIDE FOR THE REGULATION OF SUCH FIRMS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 4383 (Word version) -- Reps. Quinn, Gilham and Seithel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-135 SO AS TO PROHIBIT PERSONS NOT LICENSED AS A DENTIST FROM PERFORMING CERTAIN ACTS RELATED TO DENTAL TREATMENTS IN THE OPERATION OF A DENTAL OFFICE OR PRACTICE AND TO PROVIDE PENALTIES, AND BY ADDING SECTION 40-15-83, SO AS TO REQUIRE DENTISTS TO MAINTAIN PATIENT RECORDS FOR AT LEAST FIVE YEARS AFTER WHICH THEY MAY BE DESTROYED.
Read the first time and referred to the Committee on Medical Affairs.
H. 4470 (Word version) -- Reps. Cato, Battle, J. Brown, Cobb-Hunter, Harrison, Kirsh, Knotts, Leach, McCraw, Meacham-Richardson, Miller, Riser, Rodgers, Sandifer, R. Smith, Taylor, Walker, Bowers, Edge, Koon, McKay, Tripp, T. Brown and Huggins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-170 SO AS TO PROVIDE THAT THE KNOWING ACCEPTANCE OF PAYMENT FOR AN INSURANCE REFERRAL FROM A SERVICE PROVIDER, THE KNOWING PAYMENT BY A SERVICE PROVIDER FOR A REFERRAL, AND THE REGULAR PRACTICE BY A SERVICE PROVIDER OF WAIVING OR REBATING ALL OR PART OF A CLAIMANT'S CASUALTY OR PROPERTY INSURANCE DEDUCTIBLE ARE UNFAIR TRADE PRACTICES; AND TO AMEND SECTION 39-5-40, RELATING TO THE PRACTICES TO WHICH THIS ARTICLE DOES NOT APPLY, SO AS TO PROVIDE AN EXCEPTION THAT THE PRACTICES DESCRIBED IN SECTION 39-5-170 MAY BE REGULATED BY CHAPTER 57 OF TITLE 38 AND THIS ARTICLE.
Read the first time and referred to the Committee on Judiciary.
H. 4657 (Word version) -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-135 SO AS TO PROVIDE THAT LOCAL SCHOOL BOARDS OF TRUSTEES ARE ENCOURAGED TO DEVELOP POLICIES ADDRESSING CHARACTER EDUCATION; TO PROVIDE FOR THE MANNER IN WHICH THESE POLICIES SHALL BE DEVELOPED, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL FURNISH ASSISTANCE TO SCHOOL DISTRICTS IN THIS REGARD.
Read the first time and referred to the Committee on Education.
H. 4723 (Word version) -- Reps. R. Smith, Clyburn, Sharpe and Perry: A BILL TO AMEND SECTION 7-7-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF VOTING PRECINCTS IN AIKEN COUNTY SO AS TO CHANGE THE NAME OF TOWN CREEK PRECINCT TO PINE FOREST PRECINCT.
Read the first time and ordered placed on the Local and Uncontested Calendar without reference.
H. 4757 (Word version) -- Reps. Huggins, Riser and Quinn: A CONCURRENT RESOLUTION CONGRATULATING THE HI-STEPPER DANCE TEAM OF IRMO HIGH SCHOOL ON WINNING NATIONAL CHAMPIONSHIP HONORS AT THE UNITED STATES DANCE AND DRILL TEAM COMPETITION AT UNIVERSAL STUDIOS IN ORLANDO, FLORIDA.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4758 (Word version) -- Reps. M. McLeod, Harvin, G. Brown, Canty, Woodrum and J.H. Neal: A CONCURRENT RESOLUTION CONGRATULATING WILSON HALL OF SUMTER COUNTY ON WINNING THE SCISAA 3A BOYS STATE BASKETBALL CHAMPIONSHIP ON MARCH 4, 2000, AT THE SUMTER COUNTY EXHIBITION CENTER.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4768 (Word version) -- Rep. McGee: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND SENATE ON FRIDAY, JUNE 16, 2000.
The Concurrent Resolution introduced and referred to the Committee on Invitations.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC SOCIETY OF OPTHAMOLOGY to attend a luncheon at the Capital City Club on Tuesday, February 21, 2000, upon adjournment and lasting until 2:00 P.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Washington Reese
Russell
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the MARION COUNTY PROGRESS to attend a breakfast in Room 221 Blatt Bldg. on Wednesday, March 22, 2000, from 8:00 until 10:00 A.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Washington Reese
Russell
Senator SALEEBY from the Committee on Judiciary submitted a favorable with amendment report on:
S. 43 (Word version) -- Senators Jackson, Glover, Washington and Short: A BILL TO AMEND TITLE 16 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES, BY ADDING CHAPTER 24, THE "CHILDREN'S FIREARM ACCIDENT PREVENTION ACT OF 1999".
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
S. 477 (Word version) -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 41 SO AS TO ENACT THE PRESSURE EQUIPMENT SAFETY ACT OF 1999, TO PROVIDE THAT ALL BOILER AND PRESSURE VESSELS INSTALLED IN THIS STATE BE DESIGNED AND MANUFACTURED AND SEALED OR STAMPED UNDER A NATIONAL CODE AND REGISTERED WITH THE STATE FIRE MARSHAL ON REGISTRATION FORMS PROVIDED AND APPROVED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AND PROVIDE A PENALTY FOR FAILURE TO REGISTER A BOILER OR PRESSURE VESSEL OR INSTALL ONE NOT IN COMPLIANCE WITH THIS CHAPTER.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
S. 560 (Word version) -- Senator Alexander: A BILL TO AMEND TITLE 40, CHAPTER 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
S. 571 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 40-2-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF TITLES, DESIGNATIONS, AND ABBREVIATIONS RELATIVE TO CERTIFIED PUBLIC ACCOUNTANTS, SO AS TO AUTHORIZE ENROLLED AGENTS OR ACTUARIES PRACTICING BEFORE THE INTERNAL REVENUE SERVICE TO USE THE ABBREVIATION "EA"; AND TO AMEND SECTIONS 40-2-40, 40-2-55, 40-2-190, AND 40-2-560 SO AS TO CONFORM CERTAIN REQUIREMENTS FOR REGISTRATION, CERTIFICATION, LICENSURE, CONTINGENT FEES, COMMISSIONS, AND FORMS OF PRACTICE FOR PUBLIC ACCOUNTANTS AND ACCOUNTING PRACTITIONERS TO THOSE REQUIREMENTS FOR CERTIFIED PUBLIC ACCOUNTANTS.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
S. 735 (Word version) -- Senators Ravenel and Giese: A BILL TO AMEND TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 100 SO AS TO REQUIRE REGISTRATION OF FIREFIGTERS WITH THE OFFICE OF THE STATE FIRE MARSHAL.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
S. 952 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 40-3-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARCHITECT LICENSE RENEWAL, SO AS TO REQUIRE COMPLETION OF CONTINUING EDUCATION REQUIREMENTS AS A CONDITION OF RENEWAL.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
S. 1035 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-9-67 SO AS TO PROHIBIT THE INSTALLATION OR REPAIR OF EXTERIOR LATH AND PLASTER, EXTERIOR INSULATION FINISH SYSTEMS, OR OTHER EXTERIOR CLADDING UNLESS PERFORMED BY A CERTIFIED CONTRACTOR OR RESIDENTIAL SPECIALTY CONTRACTOR AND TO REQUIRE BUILDING INSPECTORS TO CONDUCT CERTAIN FLASHING INSPECTIONS BEFORE SUCH EXTERIOR CLADDING IS INSTALLED OR REPAIRED; TO AMEND SECTION 40-11-20, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF CONTRACTORS, SO AS TO DEFINE "EXTERIOR INSULATION FINISHING SYSTEMS"; TO AMEND SECTION 40-11-110, AS AMENDED, RELATING TO GROUNDS FOR DISCIPLINARY ACTION AGAINST GENERAL CONTRACTORS, SO AS TO INCLUDE AS AN ADDITIONAL GROUND THE INTERMIXING OF COMPONENTS OR MATERIALS FROM DIFFERENT MANUFACTURERS OF EXTERIOR INSULATION FINISH SYSTEMS; TO AMEND SECTION 40-11-410, AS AMENDED, RELATING TO GENERAL CONTRACTOR LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS AND SECTION 40-59-15, AS AMENDED, RELATING TO RESIDENTIAL SPECIALTY CONTRACTORS, BOTH SO AS TO INCLUDE EXTERIOR LATH AND PLASTER AND EXTERIOR INSULATION FINISH SYSTEMS INSTALLERS AND REPAIRERS AS A SUBCLASSIFICATION AND SPECIALTY, RESPECTIVELY; BY ADDING SECTION 40-59-18 SO AS TO DEFINE EXTERIOR INSULATION FINISHING SYSTEMS FOR PURPOSES OF THE CHAPTER LICENSING AND REGULATING RESIDENTIAL HOME BUILDERS; TO AMEND SECTION 40-59-77, AS AMENDED, RELATING TO CLASSIFICATION OF RESIDENTIAL SPECIALTY CONTRACTORS SO AS TO PROVIDE QUALIFICATIONS FOR SUCH CONTRACTORS IN EXTERIOR LATH AND PLASTER AND EXTERIOR INSULATION FINISH SYSTEMS, TO PROHIBIT INTERMIXING OF COMPONENTS OR MATERIALS FROM DIFFERENT MANUFACTURERS OF EXTERIOR INSULATION FINISH SYSTEMS, AND TO REQUIRE AN INSPECTION OF CERTAIN EXTERIOR FLASHINGS BEFORE INSTALLATION OR REPAIR OF EXTERIOR INSULATION FINISH SYSTEMS AND OTHER EXTERIOR CLADDING; TO AMEND SECTIONS 40-59-90 AND 40-59-95, BOTH AS AMENDED, RELATING, RESPECTIVELY, TO SANCTIONS THAT MAY BE TAKEN AGAINST RESIDENTIAL HOME BUILDERS BY THE RESIDENTIAL BUILDERS COMMISSION AND THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, SO AS TO EXTEND THE APPLICATION OF SANCTIONS FROM SECTION 40-1-120 TO BOTH THE COMMISSION AND THE DIRECTOR; AND TO AMEND SECTION 40-59-200 RELATING TO HOME INSPECTIONS CONDUCTED BY LICENSED HOME INSPECTORS, SO AS TO INCLUDE IN THE DEFINITION OF "HOME INSPECTION" REPORTING ON THE CONDITION OF CERTAIN FLASHING INSTALLATIONS WHEN EXTERIOR CLADDING, INCLUDING AN EXTERIOR INSULATION FINISH SYSTEM, HAS BEEN INSTALLED ON THE RESIDENCE.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
H. 4487 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OFFICE OF ELEVATOR AND AMUSEMENT RIDE SAFETY, RELATING TO NEW AND EXISTING FACILITIES, PLATFORM AND STAIRWAY CHAIR LIFTS, SUMP PUMPS OR DRAINS IN ELEVATOR PITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2464, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
H. 4614 (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 FUNERAL SERVICE, RELATING TO LICENSING PROVISIONS FOR EMBALMERS, FEES, CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2489, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 4736 favorable:
H. 4736 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO DECLARE MARCH 15, 2000, AS "SOUTH CAROLINA HOMEOWNERSHIP DAY".
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Washington Reese
Russell
H. 4736 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO DECLARE MARCH 15, 2000, AS "SOUTH CAROLINA HOMEOWNERSHIP DAY".
The Concurrent Resolution was adopted, ordered returned to the House.
S. 1227 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MISS KRISTA SHIRLEY OF LEXINGTON COUNTY AND A SENIOR AT LEXINGTON HIGH SCHOOL, WHO HAS RECEIVED THE BRONZE MEDALLION AS A DISTINGUISHED FINALIST FOR THE YEAR 2000 IN THE PRUDENTIAL SPIRIT OF COMMUNITY AWARDS, A NATIONWIDE PROGRAM HONORING YOUNG PEOPLE FOR OUTSTANDING ACTS OF VOLUNTEERISM.
Returned with concurrence.
Received as information.
S. 1230 (Word version) -- Senators Wilson, Courson and Bauer: A CONCURRENT RESOLUTION CONGRATULATING THE HI-STEPPER DANCE TEAM OF IRMO HIGH SCHOOL ON WINNING NATIONAL CHAMPIONSHIP HONORS AT THE UNITED STATES DANCE AND DRILL TEAM COMPETITION AT UNIVERSAL STUDIOS IN ORLANDO, FLORIDA.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 732 (Word version) -- Senators Leventis, Courson and Grooms: A BILL TO AMEND CHAPTER 56, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO REVISE THE CONTENT BY, INTER ALIA, ADDING CERTAIN DISCLOSURE REQUIREMENTS, DEFINITIONS OF AFFECTED SOLICITORS, PENALTIES FOR VIOLATIONS, AND TECHNICAL CHANGES.
S. 919 (Word version) -- Senators Grooms, Reese, Wilson, Leatherman, Branton and Ravenel: A BILL TO AMEND CHAPTER 3, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE POWERS OF THE GOVERNOR TO MAINTAIN PEACE AND ORDER, SO AS TO PROVIDE THAT IF THE GOVERNOR ORDERS A MANDATORY EVACUATION OF COASTAL COUNTIES, ALL TRAFFIC ON AFFECTED INTERSTATE SYSTEMS SHALL BE ROUTED USING ALL LANES OR SEGMENTS OF THE INTERSTATE UNTIL SUCH TIME AS THE GOVERNOR'S EMERGENCY PROCLAMATION IS TERMINATED.
S. 919 (Word version) -- Senators Grooms, Reese, Wilson, Leatherman, Branton and Ravenel: A BILL TO AMEND CHAPTER 3, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE POWERS OF THE GOVERNOR TO MAINTAIN PEACE AND ORDER, SO AS TO PROVIDE THAT, IF THE GOVERNOR ORDERS A MANDATORY EVACUATION OF COASTAL COUNTIES, ALL TRAFFIC ON AFFECTED INTERSTATE SYSTEMS SHALL BE ROUTED USING ALL LANES OR SEGMENTS OF THE INTERSTATE UNTIL SUCH TIME AS THE GOVERNOR'S EMERGENCY PROCLAMATION IS TERMINATED.
Having voted on the prevailing side, Senator McCONNELL asked unanimous consent to make a motion to reconsider the vote whereby the Bill was given third reading.
There was no objection.
Senator McCONNELL proposed the following amendment (919R001.GFM), which was adopted:
Amend the bill, as and if amended, page 1, by striking line 39 and inserting the following:
/use of all existing traffic lanes to efficiently move traffic away from the/
Amend the bill further, as and if amended, page 2, by striking line 5 and inserting the following:
/longer necessitates the use of all existing traffic lanes to efficiently move /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was amended, read the third time and ordered returned to the House with amendments.
S. 935 (Word version) -- Senator Alexander: A BILL TO AMEND CHAPTER 56, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOLICITATION OF CHARITABLE FUNDS ACT, BY ADDING SECTION 33-56-45 SO AS TO PROVIDE THAT A FIRE DEPARTMENT MAY COMPLY WITH THE REGISTRATION REQUIREMENTS IF ANNUALLY THE LOCAL GOVERNING BODY SINGLY REGISTERS AND PAYS A SINGLE ANNUAL FEE FOR MULTIPLE FIRE DEPARTMENTS WITHIN ITS JURISDICTION.
S. 1145 (Word version) -- Senator Holland: A BILL TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF TRAINING AND CONTINUING EDUCATION, SO AS TO PROVIDE THAT A CLASS ONE LAW ENFORCEMENT OFFICER MUST COMPLETE CONTINUING LAW ENFORCEMENT EDUCATION CREDITS IN THE AREA OF DOMESTIC VIOLENCE, TO PROVIDE THAT THE TRAINING BE PROVIDED FOR OR APPROVED BY THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO PROVIDE THE CURRICULUM FOR THE TRAINING.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
S. 567 (Word version) -- Senators Land, Anderson, Courson, Elliott, Ford, Glover, Hutto, Jackson, Matthews, McGill, Moore, O'Dell, Passailaigue, Rankin, Reese, Saleeby, Setzler, Short, Washington, Wilson, Patterson, Branton, Courtney, Holland, Russell, Peeler, Grooms and Bauer: A BILL TO AMEND SECTIONS 9-1-1510 AND 9-1-1550, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REDUCE FROM THIRTY TO TWENTY-EIGHT THE YEARS OF CREDITABLE SERVICE REQUIRED TO RETIRE AT ANY AGE WITHOUT PENALTY; TO AMEND SECTIONS 9-1-1515, 9-1-1660, AND 9-1-1770, AS AMENDED, AND 9-1-1850, AS AMENDED, RELATING TO EARLY RETIREMENT OPTIONS, ELECTION OF A BENEFIT ON THE INSERVICE DEATH OF A MEMBER, AND AMOUNTS DUE ESTATES OF DECEASED MEMBERS UNDER THE GROUP LIFE INSURANCE PLAN, SO AS TO PROVIDE THAT THE ELECTION OF A MEMBER WITH TWENTY-FIVE YEARS' CREDITED SERVICE TO BUY SUFFICIENT CREDIT FOR SERVICE RETIREMENT APPLIES TO THE SOUTH CAROLINA RETIREMENT SYSTEM, UPDATE THE BENEFIT ELECTION OPTION ON THE INSERVICE DEATH OF A MEMBER TO REFLECT OTHER CHANGES SINCE ORIGINAL ENACTMENT, AND TO CONFORM THESE OPTIONS AND BENEFITS TO SERVICE RETIREMENT AFTER TWENTY-EIGHT YEARS' CREDITABLE SERVICE AT ANY AGE WITHOUT PENALTY AS PROVIDED IN THIS ACT; TO AMEND SECTIONS 9-1-1810 AND 9-11-310, RELATING TO THE ANNUAL COST OF LIVING ADJUSTMENT AUTHORIZED FOR RETIREES AND BENEFICIARIES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM AND THE METHOD OF CALCULATING THE ADJUSTMENT, SO AS TO MAKE MANDATORY THE PAYMENT OF AMOUNTS UP TO ONE PERCENT CALCULATED UNDER THE ADJUSTMENT FORMULA, AND TO DELETE OBSOLETE PROVISIONS, AND TO CONFORM IN BOTH SECTIONS REFERENCES TO THE CONSUMER PRICE INDEX USED IN CALCULATING THE COST OF LIVING ADJUSTMENT; AND TO AMEND SECTION 9-1-1220, AS AMENDED, RELATING TO EMPLOYER CONTRIBUTIONS TO THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE THE EMPLOYER CONTRIBUTION RATE BY ONE AND ONE-HALF PERCENT.
On motion of Senator J. VERNE SMITH, with unanimous consent, the Bill was read the second time, with notice of general amendments, carrying over all amendments to third reading.
S. 985 (Word version) -- Senators Waldrep and Hayes: A BILL TO AMEND SECTION 40-43-82, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF PHARMACY TECHNICIANS, SO AS TO PROVIDE THAT AN INDIVIDUAL WHO SERVES AS A PHARMACY TECHNICIAN AT A FREE CLINIC UNDER THE DIRECT SUPERVISION OF A LICENSED PHARMACIST IS NOT REQUIRED TO REGISTER OR TO PAY A REGISTRATION FEE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Medical Affairs Committee proposed the following amendment (985R001.TLM), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting in lieu thereof:
/ SECTION 1. Section 40-43-82 of the 1976 Code is amended by adding a new subitem at the end to read:
"(D) Notwithstanding the requirements of this section or any other provision of law or regulation, an individual who works as an unpaid volunteer under the personal supervision of a licensed pharmacist or who handles legend drugs in a pharmacy department of a free medical clinic staffed by a licensed pharmacist may be registered as a pharmacy technician and perform pharmacy functions as a pharmacy technician without payment of a registration fee or filing with the board; provided, that a register is maintained in the pharmacy department of the free medical clinic bearing the name of every such volunteer performing pharmacy functions as a pharmacy technician and documenting each volunteer's period of service. This special registration shall be valid only in the free medical clinic. The register must be kept for a period of three years. For the purposes of this section, 'free medical clinic' means a permitted facility that provides medical services, including the dispensing of legend drugs and other medications, free of any charge to members of the public." /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
The following Bill, having been read the second time, was ordered placed on the third reading Calendar:
S. 1169 (Word version) -- Senator Giese: A BILL TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF PHYSICIAN ASSISTANTS, TO ESTABLISH A PHYSICIAN ASSISTANT ADVISORY COMMITTEE TO THE BOARD OF MEDICAL EXAMINERS, TO PROVIDE FOR THE POWERS AND DUTIES OF BOTH WITH REGARD TO PHYSICIAN ASSISTANTS, TO DEFINE THE ROLE AND RESPONSIBILITIES OF A SUPERVISORY PHYSICIAN FOR A PHYSICIAN ASSISTANT, TO PROVIDE GENERAL PRACTICE PARAMETERS, PROCEDURES FOR ESTABLISHING SCOPE OF PRACTICE GUIDELINES, AND ADDITIONAL LICENSURE REQUIREMENTS, TO FURTHER PROVIDE FOR THE REGULATION OF PHYSICIAN ASSISTANTS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
S. 938 (Word version) -- Senators Reese, Elliott, McConnell, Ravenel and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-220 SO AS TO REQUIRE LOCAL LAW ENFORCEMENT AGENCIES TO ASSIST THE STATE HIGHWAY PATROL IN MONITORING AND DIRECTING TRAFFIC ON INTERSTATE HIGHWAYS THAT PASS THROUGH THEIR RESPECTIVE JURISDICTIONS WHERE A STATE OF EMERGENCY HAS BEEN DECLARED BY THE GOVERNOR.
Senator LEVENTIS objected to further consideration of the Bill.
H. 4676 (Word version) -- Rep. Harris: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 2000 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2000 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 26, 2000, AT 12:00 NOON AND TO RECOGNIZE AND COMMEND THE 2000 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 682 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTION 42-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, OCCUPATIONAL DISEASES, AND THE PRESUMPTION THAT HEART OR RESPIRATORY DISEASES OCCURRING IN FIREFIGHTERS AROSE OUT OF AND IN THE COURSE OF THEIR EMPLOYMENT, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE TO LAW ENFORCEMENT OFFICERS.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator SALEEBY proposed the following amendment (JUD0682.002):
Amend the committee report, as and if amended, page [682-2], beginning on line 13, in Section 42-11-30(B)(1), as contained in SECTION 1, by striking /municipal, county, State, port authority, or other/ and inserting therein / county /.
Amend title to conform.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
S. 1130 (Word version) -- Senator Leventis: A BILL TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION BY COUNTIES OF DOGS AND OTHER DOMESTIC PETS, SO AS TO, AMONG OTHER THINGS, MAKE THE ARTICLE SPECIFICALLY APPLICABLE TO CATS, PROVIDE FOR IMPOUNDING AND ADOPTION OF ANIMALS, INCREASE THE MAXIMUM PENALTY FOR VIOLATING SECTION 47-3-50, PROVIDE FOR THE PROMULGATION OF CERTAIN REGULATIONS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, PROVIDE THAT WHENEVER AN ANIMAL SHELTER ACCEPTS OR COMES INTO POSSESSION OF A DOG OR CAT, THE SHELTER IMMEDIATELY AND THOROUGHLY MUST SCAN THE ANIMAL FOR ANY IMPLANTED MICROCHIP, OR SIMILAR DEVICE, WHICH PROVIDES EVIDENCE OF OWNERSHIP AND, UPON FINDING THIS DEVICE, IMMEDIATELY MAKE A GOOD FAITH EFFORT TO CONTACT THE IDENTIFIED OWNER, AND PROVIDE FOR RELATED MATTERS; AND TO AMEND ARTICLE 7, CHAPTER 3 OF TITLE 47, RELATING TO ANIMAL EUTHANASIA, SO AS TO AMONG OTHER THINGS, REVISE THE PROVISIONS OF LAW REGARDING THE ALLOWABLE METHODS OF EUTHANASIA AND AUTHORIZE A CERTIFIED EMPLOYEE OF THE DEPARTMENT OF NATURAL RESOURCES TO ADMINISTER EUTHANASIA, INCREASE THE MAXIMUM PENALTIES FOR VIOLATIONS OF THIS ARTICLE, AND AUTHORIZE THE ATTORNEY GENERAL TO BRING AN ACTION TO ENJOIN A VIOLATION OF THIS ARTICLE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.
Senator LEVENTIS explained the committee amendment.
Senator BAUER raised a Point of Order under Rule 39 that the Bill had not been on the members' desks at least one day prior to second reading.
On motion of Senator LEVENTIS, the Bill was carried over.
S. 1160 (Word version) -- Senator Thomas: A JOINT RESOLUTION TO CREATE A LOCAL JAIL TASK FORCE TO IDENTIFY AND STUDY THE MANY PROBLEMS CONFRONTING LOCAL JAILS TO INCLUDE: WAYS TO REDUCE THE NUMBER OF PENDING CASES ON THE CRIMINAL COURT DOCKET AND THE PROSECUTION PROCESS; FINANCIAL SUPPORT FOR CONSTRUCTION AND EXPANSION OF JAILS; CONTROL OVER THE GROWING COSTS OF HOUSING INMATES AND PROVIDING FOR THEIR MEDICAL CARE; MORE AND BETTER TRAINING AND HIGHER SALARIES FOR CORRECTIONAL OFFICERS; AND ALTERNATIVES TO INCARCERATION FOR LESSER CRIMES AND OTHER MEANS TO ALLEVIATE OVERCROWDING; TO PROVIDE FOR THE TASK FORCE MEMBERSHIP; AND TO REQUIRE THE TASK FORCE REPORT ITS RECOMMENDATIONS TO THE GOVERNOR AND GENERAL ASSEMBLY BEFORE JANUARY 1, 2001, AT WHICH TIME THE TASK FORCE IS ABOLISHED.
On motion of Senator HOLLAND, with unanimous consent, the Joint Resolution was carried over.
S. 1226 (Word version) -- Senators Patterson, Giese, Jackson and Courson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 20, 2000, MISSED BY THE STUDENTS OF A. C. FLORA HIGH SCHOOL OF RICHLAND COUNTY SCHOOL DISTRICT ONE FOR SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO A MALFUNCTION IN THE HEATING SYSTEM 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.
On motion of Senator PATTERSON, with unanimous consent, the Joint Resolution was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 1041 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson, Passailaigue, Bryan, Hutto, Courson, Richardson, Ravenel, Washington, Giese and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 1-11-760 AND 38-71-280 SO AS TO REQUIRE THE STATE HEALTH INSURANCE PLAN AND GROUP HEALTH INSURANCE TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND ALCOHOL OR SUBSTANCE ABUSE; TO PROHIBIT ANY TERM OR CONDITION OF THE COVERAGE FROM PLACING ANY GREATER BURDEN ON ACCESS TO TREATMENT FOR A MENTAL HEALTH CONDITION OR FOR ALCOHOL OR SUBSTANCE ABUSE THAN ON ACCESS TO TREATMENT FOR A PHYSICAL HEALTH CONDITION; TO AUTHORIZE MANAGEMENT OF CARE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND FOR ALCOHOL OR SUBSTANCE ABUSE; AND TO REQUIRE THE DIVISION OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO REPORT TO THE GENERAL ASSEMBLY ON THE IMPACT OF THIS COVERAGE ON HEALTH INSURANCE COSTS UNDER THE STATE HEALTH INSURANCE PLAN DURING A THREE-YEAR PERIOD; TO PROVIDE THAT, IF THERE IS A GREATER THAN ONE PERCENT INCREASE IN HEALTH INSURANCE COSTS UNDER THE STATE HEALTH PLAN AT THE END OF THE THREE-YEAR PERIOD OR A 3.4 PERCENT INCREASE AT ANY TIME DURING THAT PERIOD AS A RESULT OF PROVIDING THE COVERAGE REQUIRED BY THIS ACT, THE STATE HEALTH PLAN MAY OPT OUT AND THE REQUIREMENTS APPLICABLE TO GROUP HEALTH INSURANCE PLANS UNDER THIS ACT DO NOT TAKE EFFECT; AND TO PROVIDE THAT, IF THE ACT TAKES EFFECT FOR GROUP HEALTH INSURANCE PLANS, A PLAN MAY OPT OUT IF AT ANY TIME THEREAFTER THE PLAN'S INSURANCE COSTS INCREASE BY MORE THAN THREE PERCENT AS A RESULT OF PROVIDING THIS COVERAGE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1(1041R002.LAM) proposed by Senator MARTIN and previously printed in the Journal of March 9, 2000.
Senator MARTIN explained the amendment.
Senator MARTIN moved that the amendment be adopted.
Senator BRYAN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Bryan Courson Drummond Ford Giese Hayes Holland Hutto Land Leventis McConnell McGill Moore O'Dell Passailaigue Patterson Ravenel Richardson Saleeby Setzler Short Smith, J. Verne
Alexander Bauer Branton Fair Gregory Grooms Leatherman Martin Mescher Peeler Rankin Russell Ryberg Thomas Wilson
The amendment was laid on the table.
The Bill has specifically set timelines. This amendment would disrupt those dates and, thereby, prevent the orderly administration of the parity implementation plan. It would disrupt the proposed three-year experiment on containing costs and, thus, not be fiscally prudent to adopt. We are approaching this in a conservative fashion to contain costs and, therefore, should ensure that we have three full years to contain costs and provide better management techniques for the benefit of South Carolina families who need this coverage. This amendment would disrupt the first fiscal year and shortchange us, almost ensuring the effort will fail. Current law requires a specific insurance reserve requirement to ensure soundness and the House already is acting to ensure the fund complies.
On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by recess.
At 1:03 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 2:30 P.M.
The Senate reassembled at 2:35 P.M., and was called to order by the PRESIDENT.
At 2:36 P.M., Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MOORE moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bauer Branton Bryan Courson Drummond Elliott Fair Giese Glover Gregory Grooms Hayes Hutto Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore Passailaigue Patterson Peeler Rankin Ravenel Reese Richardson Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Wilson
A quorum being present, the Senate resumed.
Senator O'DELL recorded his presence subsequent to the Call of the Senate.
S. 1041 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson, Passailaigue, Bryan, Hutto, Courson, Richardson, Ravenel, Washington, Giese and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 1-11-760 AND 38-71-280 SO AS TO REQUIRE THE STATE HEALTH INSURANCE PLAN AND GROUP HEALTH INSURANCE TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND ALCOHOL OR SUBSTANCE ABUSE; TO PROHIBIT ANY TERM OR CONDITION OF THE COVERAGE FROM PLACING ANY GREATER BURDEN ON ACCESS TO TREATMENT FOR A MENTAL HEALTH CONDITION OR FOR ALCOHOL OR SUBSTANCE ABUSE THAN ON ACCESS TO TREATMENT FOR A PHYSICAL HEALTH CONDITION; TO AUTHORIZE MANAGEMENT OF CARE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND FOR ALCOHOL OR SUBSTANCE ABUSE; AND TO REQUIRE THE DIVISION OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO REPORT TO THE GENERAL ASSEMBLY ON THE IMPACT OF THIS COVERAGE ON HEALTH INSURANCE COSTS UNDER THE STATE HEALTH INSURANCE PLAN DURING A THREE-YEAR PERIOD; TO PROVIDE THAT, IF THERE IS A GREATER THAN ONE PERCENT INCREASE IN HEALTH INSURANCE COSTS UNDER THE STATE HEALTH PLAN AT THE END OF THE THREE-YEAR PERIOD OR A 3.4 PERCENT INCREASE AT ANY TIME DURING THAT PERIOD AS A RESULT OF PROVIDING THE COVERAGE REQUIRED BY THIS ACT, THE STATE HEALTH PLAN MAY OPT OUT AND THE REQUIREMENTS APPLICABLE TO GROUP HEALTH INSURANCE PLANS UNDER THIS ACT DO NOT TAKE EFFECT; AND TO PROVIDE THAT, IF THE ACT TAKES EFFECT FOR GROUP HEALTH INSURANCE PLANS, A PLAN MAY OPT OUT IF AT ANY TIME THEREAFTER THE PLAN'S INSURANCE COSTS INCREASE BY MORE THAN THREE PERCENT AS A RESULT OF PROVIDING THIS COVERAGE.
The Senate resumed consideration of the Bill. The question being the second reading of the Bill.
Senator MARTIN proposed the following Amendment No. 2 (1041R001.LAM), which was tabled:
Amend the bill, as and if amended, page 5, after line 26, by adding an appropriately numbered SECTION to read:
/ SECTION ___. The Budget and Control Board must submit quarterly reports to the Chairman of the Ways and Means Committee and the Chairman of the Senate Finance Committee which detail expenditures made for the payment of claims for services authorized for reimbursement under the provisions of this act. Nothing in this section shall authorize or permit the disclosure of personal information regarding a patient's care or other identifying information. If during any two consecutive quarters expenditures from health insurance programs made pursuant to coverage authorized in this act exceed two percent of the health insurance premiums collected, the Board must adjust benefits as authorized in Section 1-11-710. /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
Senator MARTIN moved that the amendment be adopted.
Senator BRYAN spoke on the amendment.
Senator BRYAN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryan Courson Drummond Giese Glover Hayes Hutto Land Leatherman Leventis Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Richardson Saleeby Setzler Short Smith, J. Verne
Bauer Branton Elliott Fair Gregory Martin Mescher Reese Russell Ryberg Thomas Waldrep Wilson
The amendment was laid on the table.
Senator RYBERG proposed the following Amendment No. 3 (GJK\ 21004SD00), which was tabled:
Amend the bill, as and if amended, page 5, by striking SECTION 4 and inserting:
/SECTION 4. This act takes effect upon approval by the Governor and expires on July 1, 2005, after the report to the General Assembly required by Section 1 has been rendered./
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the amendment.
At 3:52 P.M., Senator HAYES assumed the Chair.
Senator RYBERG continued arguing in favor of the adoption of the amendment and Senators McCONNELL and RICHARDSON 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 Drummond Elliott Giese Glover Hayes Leventis McConnell Moore Passailaigue Patterson Rankin Ravenel Reese Richardson Russell Saleeby Short Smith, J. Verne Waldrep
Bauer Branton Fair Ford * Gregory Grooms Leatherman Martin Mescher Peeler Ryberg Thomas Wilson
The amendment was laid on the table.
*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 unanimous consent.
There being no further amendments, the question then was the second reading of the Bill, with notice of general amendments on third reading.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Bauer Branton Bryan Courson Drummond Elliott Ford * Giese Glover Hayes Hutto Land Leatherman Leventis Matthews McConnell McGill Mescher Moore * Passailaigue Patterson Peeler Rankin Ravenel Reese Richardson Russell Saleeby Setzler Short Smith, J. Verne Waldrep Wilson
Fair Gregory Grooms Martin Ryberg Thomas
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 691 (Word version) -- Senators Land, Drummond, Elliott, Hutto, Leatherman, Peeler, Holland, Gregory, Bryan, McGill, McConnell, Branton and Grooms: A BILL TO AMEND TITLE 50 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORESTRY, BY ADDING CHAPTER 2, SO AS TO ENACT THE "SOUTH CAROLINA FOREST MANAGEMENT PROTECTION ACT" AND TO PROVIDE LEGISLATIVE FINDINGS AND DEFINITIONS AND APPROPRIATE GUIDELINES FOR FOREST MANAGEMENT.
Senator PEELER asked unanimous consent to make a motion that the Bill be given a second reading with notice of general amendments on third reading, carrying over all amendments to third reading.
There was no objection.
The Bill was read the second time with notice of general amendments, carrying over all amendments to third reading.
Senator PEELER asked unanimous consent to make a motion that the Bill be made a Special Order.
There was no objection and S. 691 was made a Special Order.
S. 1041 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson, Passailaigue, Bryan, Hutto, Courson, Richardson, Ravenel, Washington, Giese and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 1-11-760 AND 38-71-280 SO AS TO REQUIRE THE STATE HEALTH INSURANCE PLAN AND GROUP HEALTH INSURANCE TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND ALCOHOL OR SUBSTANCE ABUSE; TO PROHIBIT ANY TERM OR CONDITION OF THE COVERAGE FROM PLACING ANY GREATER BURDEN ON ACCESS TO TREATMENT FOR A MENTAL HEALTH CONDITION OR FOR ALCOHOL OR SUBSTANCE ABUSE THAN ON ACCESS TO TREATMENT FOR A PHYSICAL HEALTH CONDITION; TO AUTHORIZE MANAGEMENT OF CARE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND FOR ALCOHOL OR SUBSTANCE ABUSE; AND TO REQUIRE THE DIVISION OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO REPORT TO THE GENERAL ASSEMBLY ON THE IMPACT OF THIS COVERAGE ON HEALTH INSURANCE COSTS UNDER THE STATE HEALTH INSURANCE PLAN DURING A THREE-YEAR PERIOD; TO PROVIDE THAT, IF THERE IS A GREATER THAN ONE PERCENT INCREASE IN HEALTH INSURANCE COSTS UNDER THE STATE HEALTH PLAN AT THE END OF THE THREE-YEAR PERIOD OR A 3.4 PERCENT INCREASE AT ANY TIME DURING THAT PERIOD AS A RESULT OF PROVIDING THE COVERAGE REQUIRED BY THIS ACT, THE STATE HEALTH PLAN MAY OPT OUT AND THE REQUIREMENTS APPLICABLE TO GROUP HEALTH INSURANCE PLANS UNDER THIS ACT DO NOT TAKE EFFECT; AND TO PROVIDE THAT, IF THE ACT TAKES EFFECT FOR GROUP HEALTH INSURANCE PLANS, A PLAN MAY OPT OUT IF AT ANY TIME THEREAFTER THE PLAN'S INSURANCE COSTS INCREASE BY MORE THAN THREE PERCENT AS A RESULT OF PROVIDING THIS COVERAGE.
Senator BRYAN asked unanimous consent to make a motion that the Bill be made a Special Order.
Senator MARTIN objected.
Senator RYBERG raised a Point of Order that the Bill could not be made a Special Order on the same day on which it had received a reading.
Senators BRYAN, LEATHERMAN and McCONNELL spoke on the Point of Order.
The ACTING PRESIDENT overruled the Point of Order under the provisions of Rule 33.
The question then was the motion to make the Bill a Special Order.
The Bill was made a Special Order.
On motion of Senator PASSAILAIGUE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Florrie Ilderton Carpenter of Charleston, S.C.
At 4:36 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
This web page was last updated on Friday, June 26, 2009 at 9:36 A.M.