Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
In the book of Exodus we read that:
"... Moses said to the Lord, 'O my Lord, I have never been eloquent, neither in the past nor even now that you have spoken to your servant; but I am slow of speech and slow of tongue'." (Exodus 4:10)
Pray with me, if you will:
O God, we come to this place, to this Senate Chamber, wondering if we ourselves have the ability to speak meaningfully and eloquently, to the end that we might convince our colleagues of the worthiness of our viewpoint. The fact is, the mere statement of words is never the equal to the genuineness of our caring, is never the true measure of the sincerity of our hearts, is rarely what finally matters. What does matter most, dear Lord, is that we follow Your way and advocate Your truth, and thereby bring about the best results possible for the people of this State we love. May it ever be so-to your glory, Lord.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable Mark C. Sanford:
Reappointment, Board of Trustees of the Children's Trust Fund of South Carolina, with the term to commence June 30, 2006, and to expire June 30, 2010
At-Large:
James S. Cleckler, 711 Cherokee Trail, Lexington, SC 29072
Referred to the Committee on Judiciary.
Initial Appointment, Chief of the South Carolina Law Enforcement Division, with the term to commence January 31, 2006, and to expire January 31, 2012
Reginald I. Lloyd, 39 Ole Still Lane, Elgin, SC 29045 VICE Robert M. Stewart, Sr.
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina State Ethics Commission, with the term to commence June 30, 2003, and to expire June 30, 2008
3rd Congressional District:
E. Kay Biermann Brohl, 48 Cherry Hills Drive, Aiken, SC 29803 VICE John L. Cannon
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina State Ports Authority, with the term to commence February 13, 2003, and to expire February 13, 2010
At-Large:
S. Richard Hagins, 7 Dove Haven Drive, Simpsonville, SC 29681 VICE Carroll A. Campbell III
Referred to the Committee on Transportation.
Senator CROMER introduced Dr. Robert E. Livingston III of Newberry, S.C., Doctor of the Day.
On motion of Senator WILLIAMS, at 11:00 A.M., Senator HAWKINS was granted a leave of absence for today.
On motion of Senator PINCKNEY, the leave of absence which was granted to him for today, was rescinded.
Senator PEELER rose for an Expression of Personal Interest.
S. 988 (Word version) -- Senators McConnell, Rankin, Hutto, Martin, Alexander, Bryant, Anderson, Campbell, Ceips, Drummond, Ford, O'Dell, Pinckney, Ritchie, Sheheen, Thomas, Verdin, Williams, Knotts, Setzler and Massey: A BILL TO AMEND SECTION 27-18-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM UNCLAIMED PROPERTY ACT, AND BY ADDING SECTIONS 27-18-185 AND 27-18-255, SO AS TO PROVIDE FOR AN ALTERNATIVE METHOD OF DISPOSITION OF CERTAIN PATRONAGE ALLOCATIONS.
On motion of Senator LOURIE, with unanimous consent, the name of Senator LOURIE was added as a co-sponsor of S. 988.
The following were introduced:
S. 1026 (Word version) -- Senator Jackson: A BILL TO AMEND SECTION 12-6-5060, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOLUNTARY CONTRIBUTION OF FUNDS TO VARIOUS ENTITIES BY A PERSON ON HIS STATE INDIVIDUAL INCOME TAX RETURN, SO AS TO ESTABLISH THE RURAL CROSSROADS INSTITUTE AS AN ENTITY TO WHICH A PERSON MAY MAKE VOLUNTARY CONTRIBUTIONS AND TO PROVIDE THAT SUCH CONTRIBUTIONS MUST BE USED TO EMPOWER RURAL COMMUNITIES TO IMPLEMENT BEST PRACTICES AND SHARED SOLUTIONS THAT PROMOTE ECONOMIC DEVELOPMENT AND GROWTH.
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Read the first time and referred to the Committee on Finance.
S. 1027 (Word version) -- Senators Drummond, Land, Setzler, Leventis, Matthews, Patterson, McGill, Reese, Elliott, Ford, Jackson, Short, Hutto, Anderson, Pinckney, Malloy, Sheheen, Lourie and Williams: A BILL TO AMEND SECTION 8-13-1300(7) OF THE 1976 CODE, RELATING TO THE DEFINITION OF CONTRIBUTION FOR PURPOSES OF CAMPAIGN PRACTICES, BY PROVIDING THAT ANYTHING OF VALUE GIVEN TO MAKE COMMUNICATIONS WITHIN FORTY-FIVE DAYS OF AN ELECTION TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE IS SUBJECT TO THE PROVISIONS OF SECTIONS 8-13-1302 AND 8-13-1308(F).
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Read the first time and referred to the Committee on Judiciary.
S. 1028 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-365 SO AS TO EXCEPT AN EMPLOYEE FROM WORKERS' COMPENSATION BENEFITS IF THE EMPLOYEE'S PRESENCE IN THE UNITED STATES IS UNLAWFUL, TO PROVIDE THAT AN EMPLOYER WHO UNDERTAKES THE EMPLOYMENT OF A PERSON WHOSE PRESENCE HE KNOWS IS UNLAWFUL IS NOT COVERED BY THE WORKERS' COMPENSATION PROVISIONS, AND TO REQUIRE THAT THE EMPLOYER PERSONALLY BEAR THE COSTS OF THE EMPLOYEE'S INJURY IN THAT INSTANCE.
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Read the first time and referred to the Committee on Judiciary.
S. 1029 (Word version) -- Senator Ceips: A CONCURRENT RESOLUTION TO RECOGNIZE BEAUFORT COUNTY AS A VITAL PART OF OUR STATE, AND TO DECLARE JANUARY 30, 2008, "BEAUFORT COUNTY DAY" IN SOUTH CAROLINA.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1030 (Word version) -- Senator Ritchie: A BILL TO AMEND SECTION 11-45-30 OF THE 1976 CODE, RELATING TO DEFINITIONS, SO AS TO CLARIFY THE DEFINITION OF "LENDER" AND PROVIDE A DEFINITION FOR "INTEREST"; TO AMEND SECTION 11-45-50, AS AMENDED, RELATING TO REQUIREMENTS FOR THE SUBMISSION OF INVESTMENT PLANS, SO AS TO PROVIDE CLARIFYING LANGUAGE; TO AMEND SECTION 11-45-55, RELATING TO TAX CREDIT CERTIFICATES, SO AS TO REQUIRE THAT THE SOUTH CAROLINA VENTURE CAPITAL AUTHORITY ESTABLISH GUIDELINES FOR PROCEDURES TO ISSUE TAX CREDITS AND DELETE THE REQUIREMENT THAT THE AUTHORITY ALSO ESTABLISH REGULATIONS; TO AMEND SECTION 11-45-70, AS AMENDED, RELATING TO VENTURE CAPITAL INVESTMENT REQUIREMENTS, SO AS TO ALLOW AN INVESTOR TO BE QUALIFIED IF HE PROVES THAT HE HAS MADE PRIOR INVESTMENTS IN SOUTH CAROLINA OR SOUTH CAROLINA BASED COMPANIES; AND TO ADD SECTION 11-45-105 SO AS TO REQUIRE THE BUDGET AND CONTROL BOARD TO APPROVE GUIDELINES ISSUED BY THE AUTHORITY.
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Read the first time and referred to the Committee on Finance.
S. 1031 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 44-53-398, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS TO SELL PRODUCTS WHOSE SOLE ACTIVE INGREDIENT IS EPHEDRINE OR PSEUDOEPHEDRINE, INCLUDING THE REQUIREMENT THAT RETAILERS MAINTAIN A LOG OF SUCH SALES, SO AS TO FURTHER SPECIFY THAT SUCH LOG MUST BE ELECTRONIC AND THAT IT MUST BE CAPABLE OF CHECKING COMPLIANCE AGAINST LOCAL, STATE, AND FEDERAL LAWS AND INTERFACING WITH OTHER STATES TO ENSURE COMPLIANCE AND TO REQUIRE THAT ADDITIONAL PURCHASER INFORMATION MUST BE RECORDED IN THE LOG.
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Senator ELLIOTT spoke on the Bill.
Read the first time and referred to the Committee on Medical Affairs.
H. 4450 (Word version) -- Rep. Gullick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-840 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL MAINTAIN ALL PROPERTY AND VEGETATION UNDER ITS CONTROL AT EXIT 90 ALONG INTERSTATE HIGHWAY 77 IN YORK COUNTY AND ALLOW PERSONS WHO OWN LAND ADJACENT TO THIS PROPERTY TO ASSIST THE DEPARTMENT IN MEETING THE REQUIREMENTS OF THIS SECTION.
Read the first time and referred to the Committee on Transportation.
H. 4514 (Word version) -- Reps. Shoopman, Loftis, G. R. Smith, Cato, Bedingfield, Haskins, Hamilton, Rice, Allen, F. N. Smith, Taylor, Bannister and Leach: A BILL TO AMEND ACT 432 OF 1947, AS AMENDED, RELATING TO THE GREENVILLE HOSPITAL SYSTEM, ITS CREATION, BOARD, POWERS, AND DUTIES, SO AS TO INCREASE THE BOARD FROM SEVEN TO ELEVEN MEMBERS, TO REVISE THE DISTRICTS FROM WHICH THE MEMBERS MUST BE APPOINTED, TO REVISE THE NOMINATING PROCEDURES, AND TO PROVIDE TRANSITIONAL PROCEDURES; AND TO REPEAL SECTION 1 OF ACT 432 OF 1947 RELATING TO THE LEGISLATIVE FINDINGS CONCERNING THE NEED FOR GREENVILLE COUNTY TO TAKE OVER THE HOSPITAL OPERATED BY THE CITY OF GREENVILLE IN ORDER TO SERVE ALL THE RESIDENTS OF GREENVILLE COUNTY AND TO PROVIDE FOR THE ASSURANCES NECESSARY TO EFFECT THIS PLAN.
Read the first time and ordered placed on the Local and Uncontested Calendar.
H. 4562 (Word version) -- Reps. Stavrinakis, Hagood, Whipper, Merrill, Breeland, R. Brown, Dantzler, Harrell, Limehouse, Mack, Scarborough and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE CHARLESTON COUNTY SCHOOL DISTRICT SCHOOL BOARD AND DISTRICT SUPERINTENDENT DR. NANCY MCGINLEY FOR THEIR DEDICATED SERVICE TO THE CITIZENS OF CHARLESTON COUNTY.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator THOMAS from the Committee on Banking and Insurance submitted a favorable report on:
S. 535 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 37-6-502, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SELECTION OF MEMBERS OF THE COMMISSION ON CONSUMER AFFAIRS, SO AS TO PROVIDE FOR THE ELECTION EVERY FOUR YEARS OF THE COMMISSIONERS ELECTED BY THE GENERAL ASSEMBLY BEGINNING FEBRUARY 1, 2008.
Ordered for consideration tomorrow.
Senator THOMAS from the Committee on Banking and Insurance submitted a favorable with amendment report on:
S. 858 (Word version) -- Senators McConnell, Rankin, O'Dell, Elliott and McGill: A BILL TO AMEND SECTION 38-73-1095, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO ESSENTIAL PROPERTY INSURANCE AND RATING PLAN FACTORS, SO AS TO PROVIDE CREDITS AND DISCOUNTS OR SURCHARGES AND DEBITS CALCULATED ON CERTAIN RATING FACTORS FOR RETROFITTING PROPERTY IN ALL AREAS OF THE STATE IN ADDITION TO PROVIDING CREDITS AND DISCOUNTS OR SURCHARGES AND DEBITS CALCULATED ON CERTAIN RATING FACTORS FOR RETROFITTING PROPERTY IN THE COASTAL AREA OR SEACOAST AREA.
Ordered for consideration tomorrow.
Senator THOMAS from the Committee on Banking and Insurance submitted a favorable with amendment report on:
S. 863 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVIDENCE OF FRAUDULENT INTENT IN DRAWING A DISHONORED CHECK, SO AS TO PROVIDE THAT A CHARGE THAT IS DISMISSED FOR WANT OF PROSECUTION OR BY REASON OF PAYMENT OF RESTITUTION AND COSTS IS NOT A CHARGE THAT EVIDENCES AN ACT OF MORAL TURPITUDE FOR PURPOSES OF AN OFFICIAL BACKGROUND CERTIFICATION; AND TO REPEAL SECTION 34-11-100 RELATING TO THE EFFECT OF PAYMENT AFTER INSTITUTION OF PROSECUTION.
Ordered for consideration tomorrow.
Senator THOMAS from the Committee on Banking and Insurance submitted a favorable report on:
S. 949 (Word version) -- Senators Lourie, Elliott, Thomas, Malloy, Cleary and Alexander: A BILL TO REDESIGNATE SECTION 38-71-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTISM INSURANCE COVERAGE, AS SECTION 38-71-765.
Ordered for consideration tomorrow.
Senator THOMAS from the Committee on Banking and Insurance submitted a favorable with amendment report on:
S. 964 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 34-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITION OF THE USE OF THE WORD "BANK" IN CONNECTION WITH A PURSUIT OTHER THAN BANKING, SO AS TO PROHIBIT THE USE OF A BANKING ENTITY'S LOGO OR NAME IN CONNECTION WITH A FINANCIAL TRANSACTION WITHOUT ITS WRITTEN CONSENT.
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 4315 (Word version) -- Reps. R. Brown and Hodges: A BILL TO AMEND ACT 190 OF 1991, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY, SO AS TO CHANGE THE TIME FOR FILING THE STATEMENT OF CANDIDACY TO BE ELECTED TO THE BOARD OF TRUSTEES AND TO CORRECT INCORRECT REFERENCES.
By prior motion of Senator PINCKNEY
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 993 (Word version) -- Senator Hutto: A BILL TO ENACT THE "ALLENDALE COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT" SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN ALLENDALE COUNTY NOT TO EXCEED ONE PERCENT TO BE USED FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATIONS.
By prior motion of Senator HUTTO
The following Bill and Joint Resolution, having been read the second time, were ordered placed on the Third Reading Calendar:
S. 799 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 40-47-755 OF THE 1976 CODE, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS, TO DELETE THE REQUIREMENT THAT AURICULAR DETOXIFICATION THERAPY TAKE PLACE UNDER THE DIRECT SUPERVISION OF A LICENSED ACUPUNCTURIST.
S. 1023 (Word version) -- Senator McConnell: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 16A AND 17 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2008.
S. 297 (Word version) -- Senator Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 61, TITLE 44 SO AS TO ENACT THE "SOUTH CAROLINA EMERGENCY MEDICAL SERVICES EMPLOYMENT ACT" AND TO REQUIRE AFTER JUNE 30, 2007, A PERSON SEEKING EMPLOYMENT AS AN EMERGENCY MEDICAL TECHNICIAN (EMT) TO UNDERGO A CRIMINAL RECORDS CHECK PRIOR TO EMPLOYMENT, TO PROHIBIT EMPLOYMENT OF A PERSON AS AN EMT IF THE PERSON HAS BEEN CONVICTED OF CERTAIN FELONY CRIMES OR CRIMES AGAINST CERTAIN VULNERABLE INDIVIDUALS, TO EXEMPT AN EMT EMPLOYED ON JULY 1, 2007, FROM A CRIMINAL RECORDS CHECK UNLESS AND UNTIL THE EMT CHANGES HIS EMT EMPLOYMENT, AND TO PROVIDE AN EXCEPTION DURING A STATE OF EMERGENCY.
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 Committee on Medical Affairs proposed the following amendment (S-297 AMENDMENT), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 44-61-80(d) and (e) of the 1976 Code, as amended by Act 271 of 2004, is further amended to read:
"(d) A person seeking EMT certification or recertification must undergo a state criminal records check, supported by fingerprints, by the South Carolina Law Enforcement Division (SLED), and a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation (FBI). The results of these criminal records checks must be reported to the department. SLED is authorized to retain the fingerprints for certification purposes and for notification of the department regarding criminal charges. The cost of the state criminal records check must not exceed eight dollars and must be paid to the department by the EMT or the EMS agency upon application for the state check. The cost of the national records check is established by the FBI and must be paid to the department by the EMT or the EMS agency upon application for the national check. The state and national criminal records checks are not required for an EMT employed as of July 1, 2008, until the EMT applies for recertification. The department may deny certification to applicants with certain past felony convictions and to those who are under felony indictment. Applications for certification of individuals convicted of or under indictment for the following crimes will be denied in all cases:
(1) felonies involving criminal sexual conduct;
(2) felonies involving the physical or sexual abuse of children, the elderly, or the infirm including, but not limited to, criminal sexual misconduct with a child, making or distributing child pornography or using a child in a sexual display, incest involving a child, assault on a vulnerable adult;
(3) a crime in which the victim is a patient or resident of a health care facility, including abuse, neglect, theft from, or financial exploitation of a person entrusted to the care or protection of the applicant.
Applications from individuals convicted of, or under indictment for, other offenses not listed above will be reviewed by the department on a case by case basis.
(e) EMT certification is valid for a period not exceeding three years from the date of issuance and must be renewed by undergoing a state and national criminal records check as provided for in subsection (d) and completing a refresher course and examination during the three-year certification period as required by the department and provided for by this article. Upon successful completion of an approved in-service training program directed by the medical control physician during the three-year certification period and passage of the skills evaluation as provided for by the department, the refresher course requirements and the practical skills evaluation may be waived. Failure to pass the written examination after three attempts will require completion of another refresher course and reexamination. The curriculum for in-service training programs required in this subsection must include, but not be limited to, subject matter prescribed by the department. The in-service training programs shall consist of classroom and skills phases that may be conducted at licensed services, educational facilities, or hospitals throughout the State. The medical control physician who evaluates the skills of an emergency medical technician applying for certificate renewal may also grant a waiver of taking the written exam. The waiver must certify that the emergency medical technician is knowledgeable, proficient, and capable of performing the duties of an emergency medical technician. The accomplished waiver substitutes for the written exam, but all others are required to take the prescribed written exam before renewal. Those who are nationally registered may exempt the state practical and written exam upon submission of appropriate documentation."
SECTION 2. This act takes effect July 1, 2008. /
Renumber sections to conform.
Amend title to conform.
Senator PEELER explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 775 (Word version) -- Senators Scott and Lourie: A JOINT RESOLUTION TO ESTABLISH THE MULTIPLE SCLEROSIS HEALTHCARE ACCESS STUDY COMMITTEE, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES, AND TO DIRECT THE COMMITTEE TO STUDY THE AVAILABILITY OF HEALTH CARE SERVICES TO MULTIPLE SCLEROSIS PATIENTS IN THIS STATE AND REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY JANUARY 1, 2008, AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.
The Senate proceeded to a consideration of the Resolution, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Committee on Medical Affairs proposed the following amendment (S-775 AMENDMENT), which was adopted:
Amend the joint resolution, as and if amended, by striking the joint resolution in its entirety and inserting:
TO ESTABLISH THE MULTIPLE SCLEROSIS HEALTHCARE ACCESS STUDY COMMITTEE, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES, AND TO DIRECT THE COMMITTEE TO STUDY THE AVAILABILITY OF HEALTH CARE SERVICES TO MULTIPLE SCLEROSIS PATIENTS IN THIS STATE AND REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY JANUARY 1, 2009, AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.
Whereas, the identification and planning of systems to provide service delivery for persons with multiple sclerosis (MS) is vital; and
Whereas, multiple sclerosis is a chronic, unpredictable neurological disease that affects the central nervous system, is varied in frequency and severity of symptoms, and has no cure; and
Whereas, approximately 400,000 Americans acknowledge having MS, and every week about 200 people are diagnosed with the disease. In that there is currently no formal method of tracking the incidence of multiple sclerosis in South Carolina, it is estimated there are more than 3,800 South Carolinians living with MS; and
Whereas, though there is no cure for MS, early diagnosis and specialized treatment are critical to alleviating the symptoms and controlling the progression of MS and improving the function and quality of life of individuals with MS; and
Whereas, although there is a comprehensive MS center affiliated with the Medical University of South Carolina and the Charleston Veteran Affairs Medical Center, South Carolina currently does not have the manpower to meet the substantial needs of patients with MS in the State, and additional MS clinics or centers in other locations, or an expansion of the MUSC MS Center, are needed in order to more adequately meet the needs of individuals with MS; and
Whereas, the average waiting time for a patient to be seen by an MS specialist in South Carolina is six to nine months; and
Whereas, many South Carolina residents must travel great distances, often out of State, in order to obtain specialized health care for the treatment of MS. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) There is created the Multiple Sclerosis Healthcare Access Study Committee. This committee shall review the complex needs of persons with multiple sclerosis (MS) in South Carolina and the available resources to meet these needs and shall develop a statewide comprehensive plan for the delivery of coordinated services to persons with MS.
(B) The committee is comprised of:
(1) the Director of the Department of Health and Human Services, or a designee, who shall serve as chairman;
(2) the head of the Department of Neurology at the Medical University of South Carolina, or a designee;
(3) the head of the Department of Neurology at the University of South Carolina School of Medicine, or a designee;
(4) the Chief Executive Officer of the South Carolina Medical Association, or a designee;
(5) the President of the South Carolina Hospital Association, or a designee;
(6) an MS nurse specialist upon recommendation by the South Carolina Nurses Association;
(7) a representative of the Mid-Atlantic Chapter of the National Multiple Sclerosis Society;
(8) four persons living with MS, including one from the Low Country, one from the Pee Dee Area, one from the Midlands, and one from the Upstate, upon recommendation of the National Multiple Sclerosis Society, Mid-Atlantic Chapter.
(C) A vacancy on the committee must be filled in the same manner as the original appointment.
(D) Members of the committee shall serve without mileage, per diem, and subsistence.
(E) The Department of Health and Human Services shall provide and coordinate staffing for the study committee.
SECTION 2. (A) The committee shall study access to healthcare services for persons living with MS in this State and develop a specific plan for a coordinated approach to service delivery for persons with MS, using the resources of both the public and private sectors. The plan must include, but is not limited to, an evaluation of how the treatment needs of persons with MS can adequately be met in terms of the level of care and specialization available; the geographic location of services; and the availability of specialized services.
(B) The committee shall seek consultation from other relevant service providers, including, but not limited to, social work, physical and occupational therapy, and speech and vocational rehabilitation.
(C) In carrying out its responsibilities under this joint resolution, the chairman may appoint subcommittees as he or she considers appropriate. The committee and subcommittees may utilize the knowledge and expertise of any individual in another state agency, group, or association.
(D) The committee shall submit a written report of its findings and recommendations to the General Assembly before January 1, 2009, at which time the committee is abolished.
SECTION 3. This joint resolution takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator PEELER explained the committee amendment.
Senator HAYES spoke on the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Resolution was read the second time, passed and ordered to a third reading.
On motion of Senator SCOTT, with unanimous consent, S. 775 was ordered to receive a third reading on Friday, January 25, 2007.
S. 872 (Word version) -- Senators Knotts, Elliott, Leventis, McGill, Courson, Setzler and Hayes: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE MARTIN "MARTY" F. CONASTER, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AT 12:30 P.M. ON TUESDAY, MARCH 4, 2008.
The Concurrent Resolution was adopted, ordered sent to the House.
On motion of Senator COURSON with unanimous consent, the names of Senators COURSON, SETZLER and HAYES were added as co-sponsors of S. 872.
H. 4427 (Word version) -- Rep. Leach: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE MARTIN "MARTY" F. CONASTER, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AT 12:30 P.M. ON TUESDAY, MARCH 4, 2008.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4464 (Word version) -- Reps. Harrell, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF FEBRUARY 23-MARCH 1, 2008, AS "ENTREPRENEURSHIP WEEK" IN SOUTH CAROLINA, IN RECOGNITION OF THE ONGOING SOCIAL AND ECONOMIC CONTRIBUTIONS TO THE AMERICAN WAY OF LIFE MADE BY SOUTH CAROLINA'S ENTREPRENEURS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3852 (Word version) -- Reps. Harrison and McLeod: A BILL TO AMEND SECTION 44-4-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S EMERGENCY HEALTH POWERS, SO AS TO REVISE THE DEFINITION OF "QUALIFYING HEALTH CONDITION" AND "TRIAL COURT"; TO AMEND SECTION 44-4-320, RELATING TO POWERS AND DUTIES REGARDING SAFE DISPOSAL OF HUMAN REMAINS, SO AS TO SPECIFY THAT EXISTING PROVISIONS IN THE STATE EMERGENCY OPERATIONS PLAN GOVERN THE DISPOSAL OF REMAINS AND IF THE PLAN IS NOT SUFFICIENT, MEASURES MAY BE ADOPTED RELATING TO, AMONG OTHER THINGS, DEATH CERTIFICATE AND AUTOPSY PROCEDURES; TO AMEND SECTION 44-4-530, RELATING TO ISOLATION AND QUARANTINE OF INDIVIDUALS OR GROUPS AND PENALTIES FOR NONCOMPLIANCE, SO AS TO CHANGE A MISDEMEANOR OFFENSE TO A FELONY OFFENSE FOR FAILING TO COMPLY WITH THE DEPARTMENT'S ISOLATION AND QUARANTINE RULES AND ORDERS AND TO PROHIBIT AN EMPLOYER FROM FIRING, DEMOTING, OR DISCRIMINATING AGAINST AN EMPLOYEE COMPLYING WITH AN ISOLATION OR QUARANTINE ORDER; TO AMEND SECTION 44-4-540, RELATING TO ISOLATION AND QUARANTINE PROCEDURES, SO AS TO PROVIDE THAT THE ISOLATION AND QUARANTINING OF INDIVIDUALS AND GROUPS UNDER OTHER PROVISIONS OF LAW MUST BE CARRIED OUT PURSUANT TO THIS SECTION; AND TO AMEND SECTION 44-4-570, RELATING TO ADDITIONAL EMERGENCY HEALTH POWERS AND PROCEDURES REGARDING LICENSING OF HEALTH PERSONNEL, SO AS TO FURTHER SPECIFY THE USE OF IN-STATE AND OUT-OF-STATE VOLUNTEER HEALTH CARE PROVIDERS, TO PROVIDE THAT IMMUNITY FROM LIABILITY FOR VOLUNTEER HEALTH CARE PROVIDERS IN A STATE OF PUBLIC HEALTH EMERGENCY APPLIES WHETHER OR NOT THE VOLUNTEER RECEIVES FINANCIAL GAIN FOR THE VOLUNTEER SERVICES, AND TO PROVIDE SUCH IMMUNITY TO EMERGENCY ASSISTANT MEDICAL EXAMINERS OR CORONERS.
On motion of Senator PEELER, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 856 (Word version) -- Senators McConnell, Grooms, Ritchie, Bryant, Campsen, O'Dell, Alexander, Elliott, McGill and Ceips: A CONCURRENT RESOLUTION REQUESTING THE CONGRESS OF THE UNITED STATES TO CALL A CONVENTION FOR THE SOLE AND EXCLUSIVE PURPOSE OF PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES TO PROVIDE THAT NO PROVISION OF THE CONSTITUTION SHALL RESTRICT OR LIMIT A STATE FROM ENFORCING FEDERAL LAW WITH REGARD TO IMMIGRATION VIOLATIONS, TO PROVIDE THAT A STATE MAY DECIDE WHAT GOVERNMENT SERVICES FUNDED IN WHOLE OR IN PART BY THE STATE MAY BE PROVIDED TO OR DENIED TO UNDOCUMENTED ALIENS, TO PROVIDE THAT THE STATES SHALL HAVE ANY POWER TO REGULATE IMMIGRATION THAT HAS NOT BEEN SPECIFICALLY PREEMPTED BY CONGRESS, TO PROVIDE THAT EACH STATE HAS THE POWER TO PRESCRIBE STATE CIVIL AND CRIMINAL PENALTIES FOR ILLEGALLY ENTERING THE UNITED STATES, AND TO PROVIDE THAT A STATE HAS THE POWER TO APPREHEND AND EXPEL PERSONS FROM ITS BORDERS WHO ARE IN VIOLATION OF FEDERAL IMMIGRATION LAW, AND THAT THE FEDERAL GOVERNMENT MUST PROVIDE TIMELY ASSISTANCE IN EXPELLING UNDOCUMENTED ALIENS UPON A REQUEST BY A STATE.
Senator MARTIN moved that the Concurrent Resolution be made a Special Order.
The Concurrent Resolution was made a Special Order.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 857 (Word version) -- Senators McConnell, Peeler, Grooms, Campsen, O'Dell, Alexander, Scott, Elliott, Ceips and Bryant: A BILL TO AMEND SECTION 1-1-696, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S OFFICIAL LANGUAGE, SO AS TO PROVIDE THAT AFTER JULY 1, 2008, ALL STATE AGENCIES AND POLITICAL SUBDIVISIONS OF THE STATE SHALL OFFER ALL SERVICES, PUBLICATIONS, PRINTED, AUDIO AND VIDEO MATERIALS, AND TEST IN AN ENGLISH-ONLY FORMAT UNLESS OTHERWISE REQUIRED BY FEDERAL LAW OR REGULATION.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator HUTTO argued contra to the third reading of the Bill.
Senator RITCHIE argued in favor of the third reading of the Bill.
Senator THOMAS argued in favor of the third reading of the Bill.
Senator CAMPSEN argued in favor of the third reading of the Bill.
Senator COURSON argued in favor of the third reading of the Bill.
Senator ELLIOTT argued in favor of the third reading of the Bill.
At 12:01 P.M., Senator MARTIN assumed the Chair.
Senator ELLIOTT argued in favor of the third reading of the Bill.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.
Senators JACKSON and FORD desired to be recorded as voting against the third reading of the Bill.
On motion of Senator COURSON, with unanimous consent, the names of Senators COURSON, SETZLER, THOMAS and KNOTTS were added as co-sponsors of S. 857.
On motion of Senator KNOTTS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. William Walters, Jr. of Isle of Palms, S.C., a loving husband and devoted father. Mr. Walters was graduated from The Citadel and served with the United States Air Force where he became a Fighter Pilot. He was part of the original development team of Wild Dunes Resort and was the owner of Island Realty and Beachside Real Estate on the Isle of Palms.
At 12:05 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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