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, the Psalmist lived in tempestuous days. Hear him pray in the 39th Psalm (vv. 7-8):

"And now, O Lord, what do I wait for?

My hope is in You.

Deliver me from all my transgressions.

Do not make me the scorn of the fool."
Let us pray.

Lord, You have called us, the few, to make decisions for thousands.

The issues before us are blurred. We are struggling to find common ground for the common good. Believe us, O Lord, when we tell You we want to do our duty in this wilderness.

We know that the consequences of decisions that we must make, soon, no human being can see.

Help us to see beyond the ethical kaleidoscope of many moral shades of colored glass, in grand disorder now, the social mosaic which is to be the fruit of Your guidance and our cooperative effort.

To You, O Lord, be the praise.
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, Governing Board of the Department of Natural Resources, with term to commence July 1, 1998, and to expire July 1, 2002:

At-Large:

Danny Lee Ford, 833 Bishop Branch Road, Central, S.C. 29630

Referred to the Committee on Fish, Game and Forestry.

Initial Appointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 1998, and to expire July 1, 2002:

2nd Congressional District:

Benjamin Harrison Gregg, Jr., 105 S. Gregg Street, Columbia, S.C. 29205 VICE Edward C. Lee

Referred to the Committee on Fish, Game and Forestry.

Initial Appointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 1998, and to expire July 1, 2002:

1st Congressional District:

Ms. M. Russell Holliday, Jr., 125 West Highway 501, Galivants Ferry, S.C. 29544 VICE Mary Pope Waring

Referred to the Committee on Fish, Game and Forestry.

Initial Appointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 1998, and to expire July 1, 2002:

3rd Congressional District:

Dr. Julius Lenwood Leary, 106 Liner Drive, Greenwood, S.C. 29646 VICE Thomas W. Miller

Referred to the Committee on Fish, Game and Forestry.

The following were received and referred to the appropriate committees for consideration:

Document No. 2428
Agency: Commission on Higher Education
SUBJECT: Tasting of Alcoholic Beverages by Students Under Twenty-One Years of Age in Culinary Arts Course in an Accredited College or University
Received by Lieutenant Governor May 14, 1999
Referred to Education Committee
Legislative Review Expiration September 11, 1999
(Subject to Sine Die Revision)

The following were received:

Document No. 2317
Agency: Department of Education
SUBJECT: Defined Program Grades 9 - 12
Received by Lieutenant Governor January 12, 1999
Referred to Education Committee
Legislative Review Expiration June 8, 1999
(Subject to Sine Die Revision)
April 20, 1999 Senate Education Committee Requested Withdrawal
120 Day Period Tolled
May 18, 1999 Withdrawn and Resubmitted

Document No. 2400
Agency: Board of Education
SUBJECT: Computing Experience for Teachers
Received by Lieutenant Governor February 9, 1999
Referred to Education Committee
Legislative Review Expiration July 7, 1999
(Subject to Sine Die Revision)
April 20, 1999 Senate Committee Requested Withdrawal
120 Day Period Tolled
May 18, 1999 Withdrawn and Resubmitted

Senator THOMAS introduced Dr. Don Gregg of Greenville, S.C., Doctor of the Day.

Senator PASSAILAIGUE rose to a Point of Personal Privilege.

On motion of Senator DRUMMOND, with unanimous consent, the Privilege of the Chamber, to that area behind the rail, was extended to Mr. Bill Pound, Executive Director of the National Conference of State Legislators, Ms. Karen Johnson, NCSL Staff Contact for South Carolina, and Representative Dan Blue of North Carolina, President of the National Conference of State Legislators.

H. 4067 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE BOARD OF PHARMACY, RELATING TO FACILITY PERMIT CLASSIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2426, 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 Joint Resolution from the Committee on Labor, Commerce and Industry.

There was no objection.

Senator J. VERNE SMITH asked unanimous consent to take the Joint Resolution up for immediate consideration.

There was no objection.

Senator J. VERNE SMITH asked unanimous consent to commit the Joint Resolution to the Committee on Medical Affairs.

There was no objection.

The Joint Resolution was committed to the Committee on Medical Affairs.

The following were introduced:

S. 825 (Word version) -- Senator Rankin: A BILL TO AMEND ARTICLE 1, CHAPTER 63, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL PROVISIONS CONCERNING STUDENTS IN PUBLIC SCHOOL, BY ADDING SECTION 59-63-70 SO AS TO PROVIDE THAT STUDENTS WHO

Read the first time and referred to the Committee on Education.

S. 826 (Word version) -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER, THE CHAMBER OF THE HOUSE OF REPRESENTATIVES, AND ANY AVAILABLE COMMITTEE HEARING ROOMS IN THE LEGISLATIVE OFFICE BUILDINGS ON THURSDAY, DECEMBER 2, AND FRIDAY, DECEMBER 3, 1999, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.

The Concurrent Resolution was introduced and referred to the Committee on Invitations.

H. 3764 (Word version) -- Reps. Sheheen, Harrison, Altman and Delleney: A BILL TO AMEND SECTION 14-1-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A RETIRED JUDGE OR JUSTICE BEING ASSIGNED BY THE CHIEF JUSTICE OF THE SUPREME COURT TO PRESIDE OVER CERTAIN CASES, SO AS TO PROVIDE THAT AN ACTIVE RETIRED JUDGE FROM THE CIRCUIT COURT HAS THE SAME POWERS AT CHAMBERS AS A JUDGE OF THE CIRCUIT COURT.

Read the first time and referred to the Committee on Judiciary.

H. 3804 (Word version) -- Reps. Knotts, Whatley, Seithel, Koon, McGee, Wilkins, Harrison, Allison, Altman, Askins, Bales, Barrett, Battle, Bauer, Beck, H. Brown, J. Brown, T. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Dantzler, Davenport, Delleney, Edge, Emory, Fleming, Gilham, Gourdine, Hamilton, Haskins, Hawkins, Hinson, Inabinett, Jennings, Keegan, Kennedy, Kirsh, Klauber, Law, Leach, Limehouse, Littlejohn, Lourie, Lucas, Mason, McCraw, M. McLeod, Meacham, Miller, Neal, Neilson, Ott, Phillips, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Sharpe, Sheheen, Simrill,

Read the first time and referred to the Committee on Judiciary.

H. 3870 (Word version) -- Reps. J. Smith, Harrison, Altman, Bailey, Bales, Campsen, Dantzler, Davenport, Edge, Emory, Harvin, Hayes, Keegan, Kelley, Lloyd, Lourie, Mack, Martin, McGee, Ott, Sandifer, Sharpe and Stuart: A BILL TO AMEND CHAPTER 25, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENT AGAINST PERSONS CONVICTED OF CRIME, BY ADDING ARTICLE 5 SO AS TO ENACT THE "SOUTH CAROLINA NOTORIETY FOR PROFIT ACT" WHICH SHALL PROVIDE PROCEDURES FOR THE RECOVERY OF PROFITS OBTAINED OR GENERATED FROM THE COMMISSION OF A CRIME BY ELIGIBLE PERSONS OR BY THE STATE OFFICE OF VICTIM ASSISTANCE AND TO REPEAL SECTIONS 15-59-40 THROUGH 15-59-80, RELATING TO MONEYS PAID INTO COURT.

Read the first time and referred to the Committee on Judiciary.

Senator COURSON from the Committee on Invitations polled out H. 4052 favorable:

H. 4052 (Word version) -- Rep. Quinn: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF AUGUST, 1999, AS "SCHOOL VIOLENCE AWARENESS MONTH" IN SOUTH CAROLINA IN ORDER TO RAISE PUBLIC AWARENESS OF THIS INCREASING PROBLEM IN OUR STATE, AND TO REQUEST THE ATTORNEY GENERAL TO PROVIDE A REPORT TO THE GENERAL ASSEMBLY ON THE STATUS OF SCHOOL VIOLENCE AND OTHER SCHOOL CRIME IN SOUTH CAROLINA.

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington
Reese

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 4080 favorable:

H. 4080 (Word version) -- Reps. Delleney, D. Smith and Canty: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, JUNE 2, 1999, AS THE TIME FOR ELECTING A SUCCESSOR TO THE CHIEF JUSTICE OF THE SUPREME COURT WHOSE TERM EXPIRES JULY 31, 2004; TO ELECT A SUCCESSOR TO THE CHIEF JUDGE OF THE COURT OF APPEALS, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 8, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2002; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2000.

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington
Reese

Ordered for consideration tomorrow.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

The following Bills and Joint Resolutions were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 3907 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF REVENUE, RELATING TO HOSPITALITY CABINETS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2336, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3956 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE LAW ENFORCEMENT DIVISION, RELATING TO THE STATE DNA DATABASE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2316, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3118 (Word version) -- Reps. Haskins, Edge, Robinson, Harrison, Simrill, Sandifer and Vaughn: A BILL TO AMEND SECTION 41-27-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EMPLOYMENT SECURITY ADMINISTRATIVE CONTINGENCY ASSESSMENT, SO AS TO PROVIDE THAT THE CONTRIBUTION RATE MEANS THE CONTRIBUTION BASE RATE; TO AMEND SECTION 41-31-10, RELATING TO THE GENERAL RATE OF CONTRIBUTION FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT, FOR CALENDAR YEAR 2000 AND THEREAFTER, EMPLOYERS SUBJECT TO THE PAYMENT OF CONTRIBUTIONS ARE SUBJECT ALSO TO AN ADJUSTMENT OVER AND ABOVE THEIR BASE RATE IF SO REQUIRED BY SECTION 41-31-80; TO AMEND SECTION 41-31-40, RELATING TO RATE COMPUTATION PERIODS AND THE MINIMUM CONTRIBUTION FOR THE FIRST TWENTY-FOUR MONTHS FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; TO AMEND SECTION 41-31-50, RELATING TO THE DETERMINATION OF RATES AND VOLUNTARY PAYMENTS FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT RATE MEANS BASE RATE, PROVIDE FOR THE SCHEDULE OF DETERMINED RATES FOR CALENDAR YEARS COMMENCING WITH THE YEAR 2000, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 41-31-60, RELATING TO EMPLOYMENT SECURITY, THE APPLICABLE RATE WHERE A DELINQUENT REPORT IS RECEIVED, AND THE PROVISION THAT THERE SHALL BE NO REDUCTION PERMITTED IN THE RATE WHEN EXECUTION FOR THE UNPAID TAX IS OUTSTANDING, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; TO AMEND SECTION 41-31-80, RELATING TO EMPLOYMENT SECURITY AND THE STATEWIDE RESERVE RATIO, SO AS TO PROVIDE THAT FOR THE BASE RATE COMPUTATIONS MADE FOR YEARS PRIOR TO CALENDAR YEAR 2000, WHEN THE STATEWIDE RESERVE RATIO COMPUTED DURING ANY CALENDAR YEAR EQUALS OR EXCEEDS THREE AND ONE-HALF PERCENT, CONTRIBUTION RATES APPLICABLE TO THE ENSUING CALENDAR YEAR ARE COMPUTED IN ACCORDANCE WITH SECTIONS 41-31-40 AND 41-31-50, AND PROVIDE THAT FOR THE BASE RATE COMPUTATIONS MADE FOR YEARS COMMENCING WITH

H. 3888 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 31-3-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMISSIONERS OF MUNICIPAL HOUSING AUTHORITIES, SO AS TO DELETE CERTAIN PROVISIONS, PROVIDE FOR THE APPOINTMENT OF NOT LESS THAN FIVE NOR MORE THAN SEVEN PERSONS AS COMMISSIONERS OF THE AUTHORITY, PROVIDE FOR AT LEAST ONE OF THE COMMISSIONERS TO BE A PERSON WHO IS DIRECTLY ASSISTED BY THE AUTHORITY, PROVIDE FOR EXCEPTIONS, PROVIDE FOR TERMS OF OFFICE OR CONDITIONS FOR SERVICE, AND PROVIDE FOR THE MATTERS WHICH DISQUALIFY THE COMMISSIONER DIRECTLY ASSISTED BY THE AUTHORITY FROM VOTING; TO AMEND SECTION 31-3-370, AS AMENDED, RELATING TO REMOVAL FROM OFFICE OF COMMISSIONERS OF MUNICIPAL HOUSING AUTHORITIES, SO AS TO ADD PROVISIONS REGARDING THE REMOVAL OF THE COMMISSIONER WHO IS DIRECTLY ASSISTED BY THE AUTHORITY; TO AMEND SECTION 31-3-960, RELATING TO THE APPOINTMENT OF COMMISSIONERS OF REGIONAL HOUSING AUTHORITIES, SO AS TO PROVIDE THAT, IF THE AREA OF OPERATION OF SUCH AUTHORITY AT ANY TIME CONSISTS OF AN EVEN NUMBER OF COUNTIES, THE COMMISSIONERS OF THE AUTHORITY APPOINTED BY THE SENATORS OF SUCH

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 3535 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 27-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "BUILDING", "GENERAL COMMON ELEMENTS", AND "PROPERTY" IN THE HORIZONTAL PROPERTY ACT, SO AS TO EXTEND THE MEANINGS OF THESE TERMS TO APPLY TO PROPOSED OR ANTICIPATED CONSTRUCTION, AS WELL AS EXISTING CONSTRUCTION OR STRUCTURES; TO AMEND SECTION 27-31-30, RELATING TO THE PROVISIONS APPLICABLE TO THE ESTABLISHMENT OF A HORIZONTAL PROPERTY REGIME, SO AS TO PROVIDE THAT PROPERTY MAY BE SUBMITTED TO SUCH A REGIME PRIOR TO CONSTRUCTION OR THE COMPLETION OF ANY

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 297 (Word version) -- Senators Wilson, Elliott and Ryberg: A BILL TO AMEND SECTION 61-4-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN CONTAINERS IN A MOTOR VEHICLE, SO AS TO PROVIDE THAT A PERSON MAY POSSESS AN OPEN CONTAINER IN CERTAIN PORTIONS OF A MOVING LIMOUSINE OR CHARTERED BUS.

The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:

H. 3111 (Word version) -- Reps. Littlejohn and Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-699 SO AS TO DESIGNATE THE SPOTTED SALAMANDER, AMBYSTOMA MACULATUM, AS THE OFFICIAL STATE AMPHIBIAN.

H. 3716 (Word version) -- Rep. Bailey: A BILL TO AMEND SECTION 23-43-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROMULGATION OF REGULATIONS BY THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO REVISE A REFERENCE TO CERTAIN BUILDING CODES AND STANDARDS THAT MUST BE INCORPORATED INTO THE REGULATIONS; TO AMEND SECTION 23-43-60, AS AMENDED, RELATING TO ESTABLISHMENTS AND AUTHORITY OF THE MODULAR BUILDINGS BOARD OF APPEALS, SO AS TO ELIMINATE THIS BOARD AND TRANSFER ITS AUTHORITY TO THE SOUTH CAROLINA BUILDING CODES COUNCIL; TO AMEND SECTION 23-43-110, AS AMENDED, RELATING TO THE SUSPENSION AND REVOCATION OF MODULAR BUILDING CERTIFICATIONS, SO AS TO PROVIDE THAT APPEALS MUST BE MADE TO THE BUILDING CODES COUNCIL; TO AMEND SECTION 23-43-120, AS AMENDED, RELATING TO VARIANCE ORDERS, SO AS TO REPLACE REFERENCES TO THE MODULAR BUILDINGS BOARD OF APPEALS WITH REFERENCES TO THE BUILDING CODES COUNCIL; TO AMEND SECTION 23-43-130 RELATING TO LOCAL ENFORCEMENT OF THE PROVISIONS OF CHAPTER 43, TITLE 23, BY LOCAL BUILDING OFFICIALS, SO AS TO DELETE A PROVISION DESIGNATING ALTERNATIVE SOURCES FOR ENFORCEMENT IN LOCALITIES WITH NO BUILDING OFFICIAL; TO AMEND SECTION 23-43-150, AS AMENDED, RELATING TO LICENSING SELLERS OF MODULAR BUILDING UNITS, SO AS TO MAKE LICENSURE BIENNIAL, AND TO DELETE PROVISIONS RELATING TO FEES BEING ESTABLISHED BY THE BUILDING CODES COUNCIL AND TO THE ADDRESS TO WHICH THE LICENSE MUST BE SENT; AND TO REPEAL SECTION 23-43-140 RELATING TO EXAMINATIONS BY THE BUILDING CODES COUNCIL OF MODULAR BUILDINGS UPON COMPLAINT RELATING TO VIOLATIONS OF REGULATIONS.

H. 3836 (Word version) -- Rep. Robinson: A BILL TO AMEND SECTION 4-10-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIDENTIFIED LOCAL OPTION SALES TAX REVENUES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 4-10-330, RELATING TO LOCAL CAPITAL PROJECT SALES TAX, SO AS TO CHANGE THE REFERENDUM

H. 3174 (Word version) -- Rep. Simrill: A BILL TO AMEND SECTION 45-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON WHO DEFRAUDS A HOTEL, MOTEL, INN, BOARDING HOUSE, ROOMING HOUSE, CAFE, OR RESTAURANT OWNER AND THE PENALTIES, SO AS TO ADD CAMPGROUND TO THE LISTED LODGING ACCOMMODATIONS AND TO PROVIDE A DEFINITION OF 'CAMPGROUND'.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

The Committee on Labor, Commerce and Industry proposed the following amendment (LCI\AMEND\H-3174 AMD), which was adopted:

Amend the bill, as and if amended, page 2, by deleting line 23 and inserting:
/campground organizations or which is listed in a guidebook/

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

H. 3928 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 38-33-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO PROVIDE THAT THOSE POWERS INCLUDE THE OFFERING OF AN OUT-OF-NETWORK COVERAGE UNDER A POINT OF SERVICE OPTION, AND PROVIDE FOR THE PROMULGATION OF REGULATIONS; AND

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Senators SALEEBY and McCONNELL proposed the following amendment (S-Admin\Journal\amend\3928.2), which was adopted:

Amend the bill, as and if amended, page 2, after line 8, by adding the following:

/   SECTION ______.   Section 38-33-20 of the 1976 Code is amended by adding an appropriately numbered subsection to read:

"(__)   'Employing entity' means a person employing one or more providers and agreeing to perform or provide a duty or function of the provider pursuant to this chapter, where the provider is prevented by contract with the employing entity or the employing entity's governing documents from performing such statutory duty or function individually. With respect to a statutory duty or function for which the employing entity acts for providers, an employing entity shall possess all corresponding rights and duties of its providers and shall be allowed to collectively satisfy such duty or function under this chapter as to all its providers (for example, by furnishing one hold harmless agreement and one participation agreement to a health maintenance organization on behalf of all the employing entity's providers)." /

Amend the bill further, page 2, after line 8, by adding the following new SECTION to read:

/     SECTION _____.   Section 38-33-130(B) of the 1976 Code is amended to read:

"(B)   Each health maintenance organization shall require every provider who participates in the health maintenance organization and furnishes health care services to the health maintenance organization's enrollees to execute an agreement not to bill the enrollees or otherwise hold the enrollees financially responsible for services rendered. Provided, an employing entity may execute one agreement on behalf of the employing entity and all of its providers. An employing entity may also execute one participation agreement and one of other similar required forms on behalf of the employing entity and all of its

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

Senators COURTNEY, SALEEBY and McCONNELL proposed the following amendment (S-Admin\Journal\amend\3928.1), which was adopted:

Amend the bill, as and if amended, page 2, after line 8, by adding the following new SECTION to read:

/     SECTION ____.     Chapter 71 of Title 38 is amended by adding the following:

Section 38-71-46.(A)     On or after January 1, 2000, every health maintenance organization, individual and group health insurance policy, or contract issued or renewed in this State shall provide coverage for the equipment, supplies, and outpatient self-management training and education for the treatment of people with diabetes mellitus, if medically necessary, and prescribed by a health care professional legally authorized to prescribe such items by law who demonstrates adherence to minimal standards of care for diabetes mellitus as adopted and published by the Diabetes Initiative of South Carolina.

(B)     Services and payment for diabetes education programs shall conform to regulations of the Health Care Financing Administration, US Department of Health and Human Services, pursuant to Section 4105 of the Balanced Budget Act of 1997. Diabetes outpatient self-management training and education shall be provided by a registered or licensed health care professional with certification in diabetes by the National Certification Board of Diabetes Educators, or other accredited program approved by the Diabetes Initiative of South Carolina, or by the Diabetes Control Program of the SC Department of Health and Environmental Control in order to meet the needs of rural communities wherein certified health care professionals providing this service are not available.

(C)     Nothing contained in this section may be construed to affect in any way the ability of a managed care plan to credential or re-credential a provider.

(D)   For purposes of this section: 'Health insurance policy' means a health benefit plan, contract, or evidence of coverage providing health insurance coverage as defined in Section 38-71-670(6) and Section 38-71-840(14).

Amend the bill further, page 2, by striking line 8 in its entirety and inserting the following:

SECTION ______.   This act takes effect upon approval by the Governor. Section 38-71-46 applies to all individual and group health insurance and health maintenance organization policies, as the case may be, issued, delivered, issued for delivery, or renewed in this State on or after January 1, 2000.

Renumber sections to conform.

Amend title to conform.

Senator COURTNEY explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

H. 3547 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION AND PROSECUTION PROCEDURES FOR CHECKS DRAWN WITH INSUFFICIENT FUNDS ON DEPOSIT, SO AS TO INCREASE THE SERVICE CHARGE FROM TWENTY-FIVE TO THIRTY DOLLARS.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Senator SALEEBY proposed the following amendment (3547R001.EES), which was adopted:

Amend the bill, as and if amended, page 1, line 30, by inserting after the word / dollars / the following:

/     for checks over one hundred dollars       /

Amend the bill further, as and if amended, page 2, line 10, by inserting after the word / dollars / the following:

/     for checks over one hundred dollars       /

Amend the bill further, as and if amended, page 2, line 25, by inserting after the word / dollars / the following:

/     for checks over one hundred dollars       /

Renumber sections to conform.

Amend title to conform.

Senator SALEEBY explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

H. 3835 (Word version) -- Rep. Robinson: A BILL TO AMEND ARTICLE 1, CHAPTER 54, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION AND ENFORCEMENT OF TAXES LEVIED BY THE DEPARTMENT OF REVENUE, BY ADDING SECTIONS 12-54-43 SO AS TO PROVIDE FOR CIVIL PENALTIES AND 12-54-44 SO AS TO PROVIDE FOR CRIMINAL PENALTIES; TO AMEND SECTIONS 4-12-30, AS AMENDED, AND 4-29-67, AS AMENDED, BOTH RELATING TO A PROJECT PAYING A FEE IN LIEU OF PROPERTY TAXES, SO AS TO DEFINE "REPLACEMENT PROPERTY" AS REPLACING THE OLDEST PROPERTY IN THE PROJECT SUBJECT TO THE FEE; TO AMEND SECTION 4-29-68, AS AMENDED, RELATING TO A PROJECT PAYING A FEE IN LIEU OF PROPERTY TAXES, SO AS TO ADD CERTAIN CROSS REFERENCES; TO AMEND SECTION 6-1-320, RELATING TO LIMITATIONS ON MILLAGE RATE INCREASES, SO AS TO REFERENCE THE CALENDAR YEAR INSTEAD OF THE FISCAL YEAR AND TO PROVIDE FOR COMPUTATION OF THE ROLLBACK MILLAGE; TO AMEND SECTION 11-1-10, RELATING TO OFFICIAL RECEIPTS FOR MONIES COLLECTED, SO AS TO LIMIT RELEASE OF DOCUMENTS BY

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Senator LAND explained the Bill.

At 12:48 P.M., Senator DRUMMOND assumed the Chair.

Senator LAND continued explaining the Bill.

At 12:50 P.M., the PRESIDENT assumed the Chair.

Senator LAND proposed the following amendment (NBD\11404MM99), which was adopted:

Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:

/ SECTION __.   A. Section 6-1-320(A) of the 1976 Code, as added by Act 138 of 1997, is amended to read:

"(A)     Notwithstanding Section 12-37-251(E), a local governing body may only increase the millage rate imposed for general operating purposes above the rate imposed for such purposes for the prior preceding tax year only to the extent of the increase in the consumer price index for the preceding fiscal calendar year. However, in the year in which a reassessment program is implemented, the rollback millage, as calculated pursuant to Section 12-37-251(E), must be used in lieu of the previous year's millage rate."

B.   This section is effective for property tax years beginning after 1998.

SECTION __.   The Department of Revenue may amend the 1999 Index of Taxpaying Ability, as defined in Section 59-20-20(3), up to June 1, 1999, for purposes of calculating the 1999 Index of Taxpaying Ability. /

Renumber sections to conform.

Amend title to conform.

Senator LAND explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments, carrying over all amendments to third reading.

The following Bill and Joint Resolution, having been read the second time, were ordered placed on the third reading Calendar:

H. 3715 (Word version) -- Rep. Bailey: A BILL TO AMEND SECTION 6-8-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF CERTIFICATES OF REGISTRATION FOR BUILDING CODE ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT THESE CERTIFICATES ARE VALID FOR THE PERIOD STIPULATED BY REGULATION RATHER THAN FOR ONE YEAR; TO AMEND SECTIONS 6-9-50 AND 6-9-60, BOTH AS AMENDED, BOTH RELATING TO MANDATORY ADOPTION OF CERTAIN NATIONALLY KNOWN CODES AND STANDARDS, SO AS TO REVISE WHICH CODES AND STANDARDS MUST BE ADOPTED AND TO DELETE A PROVISION RELATING TO CERTAIN CODES TAKING PRECEDENCE OVER OTHER CODES; AND TO AMEND SECTION 38-7-35, RELATING TO FUNDING OF TRAINING AND EDUCATION PROGRAMS FOR BUILDING CODE ENFORCEMENT OFFICERS, SO AS TO REQUIRE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO REPORT ON THE USE OF SUCH FUNDS EVERY JULY FIFTEENTH RATHER THAN JANUARY FIFTEENTH.

S. 821 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE

H. 3717 (Word version) -- Rep. Battle: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 82 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF LIQUID PETROLEUM GAS DEALERS, TRANSPORTERS, AND EQUIPMENT INSTALLERS, TO RE-ESTABLISH THE LIQUID PETROLEUM GAS BOARD AND INCREASE ITS MEMBERSHIP FROM FIVE TO SEVEN; TO PROVIDE FOR THE POWERS AND DUTIES OF THE BOARD; TO CONFORM THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO REPEAL CHAPTER 43 OF TITLE 39 RELATING TO THE LICENSURE AND REGULATION OF LIQUID PETROLEUM GAS ACTIVITIES.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

The Committee on Labor, Commerce and Industry proposed the following amendment (PSD\7497AC99), which was adopted:

Amend the bill, as and if amended, Section 40-82-10(A), page 2, line 3, after /Governor/ by inserting / with the advice and consent of the Senate /.

Amend the bill further, Section 40-82-10(B), page 2, line 21, before / Office / by inserting / department's /.

Amend the bill further, Section 40-82-20(6), page 3, line 9, after / predominantly / by inserting / of /.

Amend the bill further, Section 40-82-220, page 6, after line 39 by adding a new subsection (B) and inserting:

/   (B)   The board may issue a license to an installer of appliances and equipment who presents to the Department of Labor, Licensing and Regulation a completed application with satisfactory evidence of:

(1)   insurance as required by this chapter;

(2)   equipment needed for safe installation;

(3)   principals or employees who have passed examinations under this chapter;

(4)   payment of all required fees./

Amend the bill further, Section 40-82-220 beginning on page 6, line 41, by re-lettering subsections to conform.

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

H. 3581 (Word version) -- Reps. Cato, Cobb-Hunter, Gamble, Jennings and Scott: A BILL TO AMEND SECTION 34-1-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY FOR CERTAIN STATE FINANCIAL INSTITUTIONS TO ENGAGE IN SPECIFIED FINANCIAL ACTIVITY, SO AS TO PROVIDE THAT THE STATE BOARD OF FINANCIAL INSTITUTIONS MAY PERMIT A FINANCIAL ACTIVITY BY ISSUING AN OPERATIONAL INSTRUCTION IN ADDITION TO GRANTING AUTHORITY BY REGULATION, AND TO MAKE TECHNICAL CHANGES.

On motion of Senator SALEEBY, with unanimous consent, the Bill was carried over.

H. 3301 (Word version) -- Reps. Beck, Mason, Hamilton and Easterday: A BILL TO AMEND SECTION 20-7-1800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS OF ADOPTION PROCEEDINGS, SO AS TO PROVIDE THAT APPEALS MAY BE TAKEN FROM FINAL ORDERS OF ADOPTION IN THE SAME MANNER AS OTHER FAMILY COURT MATTERS, THAT AFTER A FINAL ORDER IS ENTERED, NO PARTY, OR PERSON CLAIMING UNDER A PARTY, MAY QUESTION THE VALIDITY OF THE ADOPTION BECAUSE OF A DEFECT; TO PROVIDE THAT ONLY A PARTY TO AN ADOPTION MAY ATTACK THE ADOPTION DIRECTLY OR COLLATERALLY; TO PROVIDE THAT A PARENT WHOSE CONSENT WAS OBTAINED BY FRAUD OR DURESS MAY, WITHIN SIX MONTHS OF THE FINAL ORDER OR OF DISCOVERING THE FRAUD OR DURESS, MOVE TO HAVE THE ORDER SET ASIDE; AND TO PROVIDE THAT A PARENT WHOSE CONSENT WAS REQUIRED BUT NOT OBTAINED MAY, WITHIN SIX MONTHS OF THE OMISSION OR OF DISCOVERING THE OMISSION, MOVE TO HAVE THE ORDER SET ASIDE.

On motion of Senator PASSAILAIGUE, with unanimous consent, the Bill was carried over.

H. 3035 (Word version) -- Rep. Knotts: A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT A MUNICIPAL JUDGE MAY IMPOSE SO AS TO PROVIDE THAT THE JUDGE MAY ORDER RESTITUTION NOT TO EXCEED FIVE THOUSAND DOLLARS IN ADDITION TO CRIMINAL PENALTIES; TO AMEND SECTION 22-3-550, AS AMENDED, RELATING TO A MAGISTRATE'S CRIMINAL JURISDICTION SO AS TO PROVIDE THE MAGISTRATE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS.

On motion of Senator HUTTO, with unanimous consent, the Bill was carried over.

H. 3782 (Word version) -- Reps. Campsen, Barfield, Barrett, Beck, Bowers, Cato, Cotty, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan,

Senator PASSAILAIGUE explained the Bill.

On motion of Senator MOORE, with unanimous consent, the Bill was carried over.

H. 3640 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF THE CRIMINAL RECORDS OF A PERSON WHOSE CRIMINAL CHARGE HAS BEEN DISCHARGED OR DISMISSED OR WHO HAS BEEN FOUND INNOCENT OF A CRIMINAL CHARGE, SO AS TO PROVIDE THAT A CLERK OF COURT MUST DESTROY AND MUST NOT RETAIN THESE RECORDS.

Senator HOLLAND 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 third reading of the Bill.

Senator HOLLAND proposed the following amendment (JUD3640.003), which was adopted:

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

/ SECTION   (_).   The 1976 Code is amended by adding:

"Section 17-23-162.   The affiant on an arrest warrant must be present at the preliminary hearing of the person arrested pursuant   to the warrant." /.

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

Senator FAIR proposed the following amendment (JUD3640.004), which was adopted:

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

/ SECTION   ( ).   The 1976 Code is amended by adding

"Section 14-17-380.   If a clerk is presented with the requisite documents showing that a civil lien on property has been placed in error, the clerk is authorized to purge the record of the lien without a court order." /.

Renumber sections to conform.

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

The amendment was adopted.

On motion of Senator HUTTO, with unanimous consent, the Bill was carried over as amended.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

H. 3276 (Word version) -- Reps. Wilkins, Cato, Bailey, Barrett, Battle, G. Brown, H. Brown, Carnell, Cobb-Hunter, Easterday, Gamble, Harrell, Harrison, Jennings, Keegan, Kelley, Kirsh, Klauber, Mason, McGee, McKay, Quinn, Sandifer, Sharpe, D. Smith, R. Smith, Tripp, Young-Brickell, Leach, Whatley, Meacham, Law, Seithel, Woodrum, Trotter, Fleming, Chellis, Walker, Loftis, Altman, Riser, Stille, Rodgers, Rice, Bauer, Beck, Edge, Dantzler, Maddox, Cooper, Lanford, Martin, Hamilton, Campsen, Phillips, Lee, Gilham, Robinson and Simrill: A BILL TO AMEND CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 20 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AMOUNTS MAY BE CHARGED BY MUNICIPALITIES TO TELECOMMUNICATIONS COMPANIES FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY AND FOR BUSINESS LICENSE TAXES IN ORDER TO ENSURE THAT SUCH CHARGES ARE IMPOSED ON A COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY BASIS, TO LIMIT OR RESTRICT THE IMPOSITION OF CERTAIN OTHER FEES AND TAXES ON TELECOMMUNICATIONS COMPANIES BY MUNICIPALITIES; AND TO PROVIDE FOR RELATED PROCEDURAL AND OTHER MATTERS.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

On motion of Senator MOORE, with unanimous consent, the Bill was carried over.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

H. 3677 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO DELETE REFERENCES TO THE PROHIBITION ON LOTTERIES, THEIR ADVERTISING, AND TICKET SALES AND TO PROVIDE THAT LOTTERIES MAY BE CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.

Senator MOORE asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Finance.

There was no objection.

The Joint Resolution was recalled and ordered placed on the Calendar.

On motion of Senator SETZLER, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE ADJOURNED DEBATES.

S. 11 (Word version) -- Senators Drummond, Elliott, Leventis, Rankin, Reese and Short: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO CREATE A NEW CLASS OF PERSONAL PROPERTY REQUIRED TO BE TITLED BY A STATE OR FEDERAL AGENCY, NOT INCLUDING UNITS OF MANUFACTURED HOUSING, ASSESSED AT TEN AND ONE-HALF PERCENT OF FAIR MARKET VALUE OR SOME PERCENTAGE LESS THAN TEN AND ONE-HALF PERCENT BUT NOT LESS THAN SIX PERCENT SET BY THE GOVERNING BODY OF THE COUNTY IN CONSULTATION WITH ALL

The Senate proceeded to a consideration of the Joint Resolution. The question being the third reading of the Joint Resolution.

Senator MOORE asked unanimous consent to make a motion to remove the Bill from the status of Adjourned Debate and place it on the Calendar.

Senator WILSON objected.

On motion of Senator LEATHERMAN, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable Peter DeWitt Hyman of Florence, S.C., former member of the South Carolina House of Representatives and member of the Board of Trustees of Francis Marion University.

At 1:04 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 9:43 A.M.