S 0136 General Bill, By Richardson
 A BILL TO AMEND SECTION 44-7-210, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO CERTIFICATE OF NEED APPLICATION, NOTIFICATION, AND APPEALS
 PROCEDURES, SO AS TO REQUIRE A CERTIFICATE OF NEED APPLICANT TO POST A BOND
 WHEN APPEALING THE DENIAL OF THE APPLICATION BY THE DEPARTMENT OF HEALTH AND
 ENVIRONMENTAL CONTROL STAFF IN FAVOR OF A COMPETING APPLICATION OR WHEN A
 PARTY APPEALS WHO BELIEVES HE HAS BEEN ADVERSELY AFFECTED BY A STAFF DECISION
 REGARDING A CERTIFICATE OF NEED AND TO PROVIDE THAT NO BOND IS REQUIRED WHEN
 THERE IS NO COMPETING CERTIFICATE OF NEED APPLICATION INVOLVED IN THE APPEAL.

   01/08/03  Senate Prefiled
   01/08/03  Senate Referred to Committee on Medical Affairs
   01/14/03  Senate Introduced and read first time SJ-79
   01/14/03  Senate Referred to Committee on Medical Affairs SJ-79

TO AMEND SECTION 44-7-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATE OF NEED APPLICATION, NOTIFICATION, AND APPEALS PROCEDURES, SO AS TO REQUIRE A CERTIFICATE OF NEED APPLICANT TO POST A BOND WHEN APPEALING THE DENIAL OF THE APPLICATION BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL STAFF IN FAVOR OF A COMPETING APPLICATION OR WHEN A PARTY APPEALS WHO BELIEVES HE HAS BEEN ADVERSELY AFFECTED BY A STAFF DECISION REGARDING A CERTIFICATE OF NEED AND TO PROVIDE THAT NO BOND IS REQUIRED WHEN THERE IS NO COMPETING CERTIFICATE OF NEED APPLICATION INVOLVED IN THE APPEAL.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 44-7-210(D) of the 1976 Code is amended by adding at the end:

"An applicant whose Certificate of Need application is denied by the department staff in favor of a competing application or a party who believes he is adversely affected by any proposed staff decision regarding a Certificate of Need application, determination of nonapplicability, or exemption from Certificate of Need shall deposit a bond with the department before the filing of a petition to appeal any proposed decision of the department staff relating to granting or denying a Certificate of Need application or determination of nonapplicability or exemption from Certificate of Need. The bond must be secured by cash or a surety authorized to do business in this State in an amount equal to five percent of the total cost of the project or twenty-five thousand dollars, whichever is greater. If the board affirms the proposed staff decision or if the appeal is dismissed, the board may award the applicant approved for the Certificate of Need, determination of nonapplicability, or exemption from Certificate of Need who is a party to the appeal all or a portion of the bond and may award reasonable attorney's fees and costs incurred in the appeal. If an applicant appeals only the denial of his Certificate of Need application, determination of nonapplicability, or exemption from Certificate of Need and there is no competing Certificate of Need application involved in the appeal, the applicant is not required to deposit a bond with the department."

SECTION    2.    This act takes effect upon approval by the Governor.