South Carolina General Assembly
115th Session, 2003-2004
Journal of the House of Representatives


Printed Page 1794 . . . . . Thursday, March 20, 2003

Thursday, March 20, 2003
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 9:30 a.m.
Deliberations were opened with prayer by Speaker David Wilkins as follows:

Father God, we ask You now to protect our sons and daughters who are literally putting their lives on the line to secure the blessings of liberty. We ask You to bless our President, his family and all our country's leaders. Grant them Your divine wisdom, Your grace and Your council.
Our gracious God, like generations of Americans who have bowed before You at a pivotal time in our nation's history, we are in the midst of a dark hour, vulnerable but not shaken, because You are our hope. Lord, You have promised us that no cross we bear is too heavy a burden, because we carry no burden alone. Thank You for being so faithful. Continue to shed Your blessings and Your grace upon us. God bless America. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

All the Members of the House of Representatives moved that when the House adjourns, it adjourn in honor of the men and women in our Armed Forces, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for all the men and women serving in our Armed Forces.


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REPORTS OF STANDING COMMITTEES

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 3228 (Word version) -- Reps. G. M. Smith, Sheheen and Rutherford: A BILL TO AMEND SECTION 56-5-2934, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON'S RIGHT TO COMPULSORY PROCESS WHEN CHARGED WITH THE OFFENSE OF, OR AN OFFENSE RELATED TO, DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO DELETE THE PROVISION THAT ALLOWS A PERSON CHARGED WITH AN OFFENSE TO COMPLETE A HEARING REQUEST FORM AND GIVE IT TO THE ARRESTING OFFICER WHO SHALL FORWARD IT TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO PENALTIES IMPOSED FOR VIOLATING THE OFFENSE OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE AND DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, SO AS TO INCREASE THE FINES IMPOSED FOR THESE OFFENSES, AND TO PROVIDE THAT A PORTION OF EACH FINE MUST BE USED BY THE DEPARTMENT OF PUBLIC SAFETY TO FUND HIGHWAY PATROL PROJECTS; TO AMEND SECTION 56-5-2945, AS AMENDED, RELATING TO THE OFFENSE OF CAUSING GREAT BODILY INJURY OR DEATH WHILE OPERATING A VEHICLE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO INCREASE THE FINES IMPOSED FOR THIS OFFENSE, AND TO PROVIDE THAT A PORTION OF EACH FINE MUST BE USED BY THE DEPARTMENT OF PUBLIC SAFETY TO FUND HIGHWAY PATROL PROJECTS; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE WHO REFUSES TO SUBMIT TO A TEST TO DETERMINE HIS ALCOHOL CONCENTRATION OR WHO HAS A CERTAIN ALCOHOL CONCENTRATION, SO AS TO DELETE THE PROVISION THAT REQUIRES A PERSON WHO DOES NOT ENROLL IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM WITHIN A CERTAIN PERIOD TO HAVE HIS SUSPENSION REMAIN IN EFFECT AND BE DENIED ISSUANCE OF A TEMPORARY ALCOHOL RESTRICTED LICENSE AND THE RIGHT TO REQUEST AN


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ADMINISTRATIVE HEARING, TO DELETE THE PROVISION THAT REQUIRES A PERSON TO ENROLL IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM BEFORE FILING A FORM TO OBTAIN A TEMPORARY ALCOHOL RESTRICTED LICENSE, TO REQUIRE A PERSON TO ENROLL IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM BEFORE A LICENSE OR PERMIT IS ISSUED IF THE PERSON'S SUSPENSION IS UPHELD DURING AN ADMINISTRATIVE HEARING, TO REQUIRE A PERSON TO ENROLL IN AN ALCOHOL DRUG SAFETY ACTION PROGRAM BEFORE HE MAY BE ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE, AND TO REVISE THE TIME PERIOD IN WHICH A PERSON MAY REQUEST AN ADMINISTRATIVE HEARING; AND TO AMEND SECTION 56-5-2952, RELATING TO THE FILING FEE FOR REQUESTING AN ADMINISTRATIVE HEARING TO CHALLENGE CERTAIN DRIVER'S LICENSE SUSPENSIONS, SO AS TO PROVIDE THAT THIS FEE APPLIES TO ANY ADMINISTRATIVE HEARING BEFORE THE DEPARTMENT OF PUBLIC SAFETY, AND TO INCREASE THE FEE.
Ordered for consideration tomorrow.

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 3802 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ALONG COUNTRY CLUB DRIVE IN THE COUNTY OF DILLON FOR THE HONORABLE WILLIAM BLEDSOE HAWKINS AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "WILLIAM BLEDSOE HAWKINS BRIDGE".
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3826 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF SC 176 BETWEEN SPARTANBURG AND UNION, WEST MAIN STREET WEST OF THE TOWN OF PACOLET IN SPARTANBURG COUNTY IN


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HONOR OF VOIGT MILTON EPTING FOR HIS DEDICATION TO EDUCATING THE YOUNG PEOPLE OF THE STATE AND INSTALL APPROPRIATE MARKERS OR SIGNS DENOTING THE "VOIGT MILTON EPTING INTERSECTION".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 3827 (Word version) -- Reps. Hinson, Keegan, Viers, Merrill, Barfield, Clemmons, Dantzler, Frye, Gilham, Huggins, Koon, Limehouse, Pinson, E. H. Pitts, Richardson, Scarborough, Simrill, Stille, Vaughn and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-1-146, 56-1-147, AND 56-1-148 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST BE NOTIFIED OF PERSONS CONVICTED OF CERTAIN FELONIES AND PERSONS INCARCERATED OR ON PAROLE OR PROBATION FOR CERTAIN FELONIES SO THAT AN IDENTIFYING CODE CAN BE AFFIXED TO THEIR DRIVERS' LICENSES OR SPECIAL IDENTIFICATION CARDS IN A SPECIFIED MANNER; TO AMEND SECTION 56-1-80, AS AMENDED, RELATING TO THE CONTENTS OF A DRIVER'S LICENSE APPLICATION, SO AS TO PROVIDE THAT AN APPLICATION MUST CONTAIN A STATEMENT TO DETERMINE WHETHER THE APPLICANT HAS BEEN CONVICTED OF CERTAIN FELONIES IN THIS STATE AND, IF SO, THE FELONY; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A DRIVER'S LICENSE MUST HAVE A ONE-DIGIT CODE IF THE PERSON HAS BEEN CONVICTED OF CERTAIN FELONIES UNDER THE LAWS OF THIS STATE IDENTIFYING THE PERSON IN THIS MANNER, AND TO PROVIDE THAT THIS CODE MUST BE MADE KNOWN TO THE APPROPRIATE LAW ENFORCEMENT OFFICERS OF THE STATE; TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS, SO AS TO PROVIDE THAT AN APPLICATION FOR A SPECIAL IDENTIFICATION CARD MUST REQUEST WHETHER THE APPLICANT HAS EVER BEEN


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CONVICTED OF CERTAIN FELONIES IN THIS STATE; AND TO AMEND SECTION 56-1-3370, RELATING TO THE SIZE, SHAPE, AND DESIGN OF A SPECIAL IDENTIFICATION CARD, SO AS TO PROVIDE THAT A SPECIAL IDENTIFICATION CARD MUST HAVE A ONE-DIGIT CODE IF THE PERSON HAS BEEN CONVICTED OF CERTAIN FELONIES UNDER THE LAWS OF THIS STATE IDENTIFYING THE PERSON IN THIS MANNER, AND TO PROVIDE THAT THIS CODE MUST BE MADE KNOWN TO THE APPROPRIATE LAW ENFORCEMENT OFFICERS OF THIS STATE.
Referred to Committee on Judiciary

H. 3828 (Word version) -- Reps. Sheheen, Bales, Altman, Coates, Lucas, McCraw, McLeod, Phillips, Rutherford, G. M. Smith, J. E. Smith and Talley: A BILL TO AMEND SECTION 2-19-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOMINATION OF NOT MORE THAN THREE QUALIFIED CANDIDATES BY THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO PROVIDE THAT THERE IS NO LIMIT ON THE NUMBER OF NAMES THE COMMISSION MAY SUBMIT TO THE GENERAL ASSEMBLY FOR ELECTION PROVIDED ALL ARE FOUND QUALIFIED.
Referred to Committee on Judiciary

H. 3829 (Word version) -- Rep. J. E. Smith: A JOINT RESOLUTION TO ALLOW STATE EMPLOYEES WHO ARE MEMBERS OF FEDERALIZED NATIONAL GUARD UNITS OR ACTIVATED RESERVE UNITS, OR MEMBERS OF NATIONAL GUARD OR RESERVE UNITS WHO HAVE VOLUNTEERED FOR ACTIVE DUTY TO USE UP TO FORTY-FIVE DAYS OF ACCRUED ANNUAL LEAVE IN CALENDAR YEAR 2003 AND TO ALLOW SUCH EMPLOYEES TO USE UP TO NINETY DAYS OF ACCRUED SICK LEAVE IN CALENDAR YEAR 2003 AS IF IT WERE ANNUAL LEAVE WITHOUT REGARD TO THE THIRTY-DAY LIMIT ON ANNUAL LEAVE THAT MAY BE USED IN A YEAR, AND TO PROVIDE THE MILITARY SERVICE FOR WHICH THESE PROVISIONS APPLY.
On motion of Rep. J. E. SMITH, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.


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H. 3830 (Word version) -- Reps. Walker, Battle, J. Brown, Cato, Chellis, Coates, J. Hines, Howard, Koon, Lee, Littlejohn, Mahaffey, McGee, Moody-Lawrence, J. H. Neal, Parks, Sinclair, Talley, Townsend, Vaughn and Whitmire: A BILL TO AMEND SECTION 44-43-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVERS' LICENSES INDICATING THAT A PERSON IS AN ORGAN AND TISSUE DONOR, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL GIVE SUCH A DONOR A SPECIALLY NOTED DRIVER'S LICENSE RATHER THAN AFFIXING A DECAL ON THE LICENSE; TO AMEND ARTICLE 3, CHAPTER 43, TITLE 44, RELATING TO EYE DONATION, SO AS TO DELETE PROVISIONS SPECIFIC TO DONATING EYES, WHICH ARE INCORPORATED IN OTHER PROVISIONS IN THIS ACT, AND TO APPLY TO ALL ORGAN AND TISSUE DONEES, THE PROHIBITION AGAINST CHARGING AN EYE DONEE A FEE; TO AMEND SECTION 44-43-320, RELATING TO DEFINITIONS USED IN THE UNIFORM ANATOMICAL GIFT ACT, SO AS TO CHANGE THE REFERENCE TO THE FEDERAL AGENCY THAT DESIGNATES STATE ORGAN PROCUREMENT AGENCIES; TO AMEND SECTION 44-43-350, RELATING TO PROCEDURES FOR DESIGNATION AS AN ORGAN AND TISSUE DONOR, SO AS TO PROVIDE THAT A VERBAL DESIGNATION MUST BE WITNESSED BY TWO PERSONS; TO AMEND SECTION 44-43-370, RELATING TO PROCEDURES TO AMEND OR REVOKE AN ORGAN AND TISSUE DONOR DESIGNATION, SO AS TO DELETE A WRITTEN STATEMENT AMENDING OR REVOKING THE DESIGNATION AND TO PROVIDE THAT DESTRUCTION OR CANCELLATION OF THE DOCUMENT CAN AMEND OR REVOKE THE DESIGNATION; TO AMEND SECTION 44-43-400, RELATING TO STATUTORY CONSTRUCTION OF THE UNIFORM ANATOMICAL GIFT ACT, SO AS TO REQUIRE THAT IT MUST BE LIBERALLY CONSTRUED TO EFFECTUATE THE WISHES OF THE ORGAN DONOR; TO AMEND SECTIONS 44-43-410 AND 44-43-420, RELATING TO CERTAIN ORGAN DONATIONS AND RECIPROCAL AGREEMENTS FOR SHARING ORGANS WITH OTHER STATES, SO AS TO CONFORM THE REFERENCE TO THE FEDERAL AGENCY THAT DESIGNATES STATE ORGAN PROCUREMENT ORGANIZATIONS WITH THIS ACT; AND TO AMEND ARTICLE 11, CHAPTER 43, TITLE 44, RELATING TO HOSPITAL POLICIES AND PROTOCOL FOR

Printed Page 1800 . . . . . Thursday, March 20, 2003

ORGAN AND TISSUE DONATION, SO AS TO ALSO INCLUDE "TISSUE" DONATION, WHICH INCLUDES HEART VALVES, EYES, BONE, CARTILAGE, SKIN, LIGAMENTS, TENDONS, AND FASCIA, AND TO REVISE REFERENCES TO CONFORM TO CHANGES IN THIS ACT AND CURRENT PRACTICES, INCLUDING RECOGNITION OF HOSPITAL TISSUE BANKS.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3831 (Word version) -- Reps. Cato, Chellis, Coates, Cobb-Hunter, Edge, Emory, Harrison, Huggins, Limehouse, Sandifer, J. E. Smith, Talley and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 15, TITLE 56 SO AS TO REQUIRE CERTAIN APPLICANTS FOR AN INITIAL NONFRANCHISE AUTOMOBILE DEALER LICENSE TO COMPLETE CERTAIN PRE-LICENSING EDUCATION COURSES BEFORE THEY MAY BE ISSUED A LICENSE, AND TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS PROVISION.
Referred to Committee on Labor, Commerce and Industry

S. 107 (Word version) -- Senators Hayes, Ritchie and Ravenel: A BILL TO AMEND SECTION 6-4-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TOURISM EXPENDITURE REVIEW COMMITTEE, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO ELEVEN, BY ADDING ONE MEMBER ON THE RECOMMENDATION OF THE SOUTH CAROLINA ARTS COMMISSION AND ONE MEMBER AT LARGE.
Referred to Committee on Judiciary

S. 152 (Word version) -- Senators Leventis and Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 45-2-90 SO AS TO REQUIRE THAT AN INNKEEPER CONSPICUOUSLY POST TELEPHONE, E-MAIL, ON-LINE, AND FAX RATES CHARGED IN ITS LODGING ESTABLISHMENT.
Referred to Committee on Labor, Commerce and Industry

S. 274 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO


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EXEMPT A PRIVATE PASSENGER MOTOR VEHICLE LEASED TO A MEMBER OF THE ARMED FORCES OF THE UNITED STATES STATIONED IN THIS STATE WHOSE HOME OF RECORD IS IN ANOTHER STATE AND THE LEASED VEHICLE IS TO BE REGISTERED AND LICENSED IN THE STATE OF THE SERVICE MEMBER'S HOME OF RECORD AND TO EXEMPT ALL VEHICLES LEASED BY A PUBLIC BODY IF THE VEHICLE WOULD OTHERWISE BE EXEMPT IF OWNED BY THE PUBLIC BODY.
Referred to Committee on Ways and Means

S. 447 (Word version) -- Senators J. V. Smith, Alexander, Reese and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 TO TITLE 40 SO AS TO PLACE THE STATE ATHLETIC COMMISSION UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS AND COMMISSIONS UNDER THE ADMINISTRATION OF THE DEPARTMENT AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF VARIOUS ATHLETES AND ATHLETIC EVENTS; AND TO REPEAL CHAPTER 7, TITLE 52, RELATING TO THE STATE ATHLETIC COMMISSION AND TO COUNTY ATHLETIC COMMISSIONS.
Referred to Committee on Labor, Commerce and Industry

S. 448 (Word version) -- Senators McConnell, Ford and Pinckney: A BILL TO AMEND SECTION 40-82-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIQUID PETROLEUM GAS DEALER STORAGE CAPACITY REQUIREMENTS SO AS TO PROVIDE THAT A DEALER MUST HAVE OR HAVE ACCESS TO FACILITIES WITH A CAPACITY OF A MINIMUM 30,000 WATER GALLONS WITHIN CLOSE PROXIMITY TO THE AREA TO BE SERVED AND TO DELETE THE PROVISION REQUIRING LEASED STORAGE CAPACITY TO BE DEDICATED TO THE EXCLUSIVE USE OF THE LESSEE.
Referred to Committee on Labor, Commerce and Industry


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S. 474 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2734, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield
Battle                 Bingham                Bowers
Branham                Breeland               G. Brown
J. Brown               R. Brown               Cato
Ceips                  Chellis                Clark
Clemmons               Coates                 Cobb-Hunter
Coleman                Cotty                  Dantzler
Delleney               Duncan                 Emory
Freeman                Frye                   Gilham
Gourdine               Hagood                 Hamilton
Harrell                Harrison               Haskins
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Huggins
Keegan                 Kennedy                Kirsh
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mack
Mahaffey               Martin                 McCraw
McGee                  McLeod                 Merrill
Miller                 J. M. Neal             Neilson
Ott                    Owens                  Parks
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rhoad
Rice                   Richardson             Rivers
Sandifer               Scarborough            Scott
Sheheen                Simrill                Sinclair
Skelton                D. C. Smith            J. E. Smith

Printed Page 1803 . . . . . Thursday, March 20, 2003

J. R. Smith            W. D. Smith            Snow
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Walker
Weeks                  Whipper                White
Whitmire               Wilkins                Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, March 20.

William Clyburn                   Thad Viers
Daniel Cooper                     Tracy Edge
Douglas Jennings                  Lonnie Hosey
Fletcher Smith                    Ralph Davenport
Leon Howard                       Todd Rutherford
Bessie Moody-Lawrence             Joseph Neal
G. Murrell Smith                  Larry Koon
Olin Phillips                     Alex Harvin
Jerry Govan

Total Present--123

DOCTOR OF THE DAY

Announcement was made that Dr. M. David Mitchell of Spartanburg is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the


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bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number:   H. 3827 (Word version)
Date:   ADD:
03/20/03   TRIPP

CO-SPONSOR ADDED

Bill Number:   H. 3761 (Word version)
Date:   ADD:
03/20/03   DUNCAN

H. 3832--ADOPTED

The following was introduced:

H. 3832 (Word version) -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 3768, RELATING TO THE HEALTH AND HUMAN SERVICES REORGANIZATION AND ACCOUNTABILITY ACT OF 2003, FOR SECOND READING OR OTHER CONSIDERATION ON THURSDAY, MARCH 20, 2003, IMMEDIATELY FOLLOWING THE ADOPTION OF THIS RESOLUTION AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 3768 UNTIL SECOND READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That H. 3768, relating to the Health and Human Services Reorganization and Accountability Act of 2003, is set by special order for second reading or other consideration on Thursday, March 20, 2003, immediately following the adoption of this resolution and this special order consideration shall continue on each legislative day after Thursday, March 20, 2003, immediately following the roll call until H. 3768 is given second reading or other disposition.

Rep. CHELLIS explained the Resolution.

Rep. J. E. SMITH spoke against the Resolution.


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POINT OF ORDER

Rep. J. E. SMITH raised the Point of Order that the Bill was out of order under Rule 5.13 in that a fiscal impact statement was not attached to the Bill.
SPEAKER WILKINS stated that a fiscal impact statement was attached to the actual Bill lying on the desk. He stated further that a fiscal impact statement would be attached to the printed Bill prior to second reading as required by Rule 5.13. He overruled the Point of Order.

The question then recurred to the adoption of the Resolution.

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 78; Nays 34

Those who voted in the affirmative are:

Altman                 Bailey                 Bales
Barfield               Battle                 Bingham
Cato                   Ceips                  Chellis
Clark                  Clemmons               Coates
Cooper                 Cotty                  Dantzler
Delleney               Duncan                 Edge
Frye                   Gilham                 Hagood
Hamilton               Harrell                Harrison
Haskins                Herbkersman            Hinson
Huggins                Keegan                 Kirsh
Koon                   Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Mahaffey               Martin                 McCraw
McGee                  Merrill                Neilson
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rhoad                  Rice                   Richardson
Sandifer               Scarborough            Simrill
Sinclair               Skelton                D. C. Smith
J. R. Smith            W. D. Smith            Snow
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers

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Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Total--78

Those who voted in the negative are:

Allen                  Anthony                Bowers
Branham                Breeland               G. Brown
J. Brown               R. Brown               Clyburn
Cobb-Hunter            Coleman                Emory
Freeman                Gourdine               Hayes
J. Hines               M. Hines               Hosey
Jennings               Kennedy                Lee
Lloyd                  Lourie                 Mack
McLeod                 Miller                 J. M. Neal
Ott                    Parks                  Scott
Sheheen                J. E. Smith            Weeks
Whipper

Total--34

So, the House Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3833 (Word version) -- Rep. J. H. Neal: A CONCURRENT RESOLUTION TO COMMEND AND RECOGNIZE HIS EXCELLENCY THE FIRST PRESIDENT OF THE REPUBLIC OF ZAMBIA, DR. KENNETH DAVID KAUNDA, FOR HIS CHARISMATIC POLITICAL LEADERSHIP AND HIS OUTSTANDING LIFE ACCOMPLISHMENTS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

SPEAKER PRO TEMPORE IN CHAIR


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H. 3768--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up:

H. 3768 (Word version) -- Reps. Rice, Clemmons and Edge: A BILL TO ENACT THE "SOUTH CAROLINA HEALTH AND HUMAN SERVICES REORGANIZATION AND ACCOUNTABILITY ACT OF 2003"; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 30, TITLE 1 SO AS TO ESTABLISH THE OFFICE OF CHILDREN'S SERVICES WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND TO TRANSFER TO THIS OFFICE THE CHILDREN'S CASE RESOLUTION SYSTEM, CERTAIN SECTIONS OF THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN, CERTAIN SECTIONS OF THE DEPARTMENT OF SOCIAL SERVICES RESPONSIBLE FOR LICENSING AND MONITORING OUT-OF-HOME PLACEMENTS FOR CHILDREN, AND CERTAIN SECTIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RESPONSIBLE FOR LICENSING RESIDENTIAL TREATMENT FACILITIES AND OTHER OUT-OF-HOME PLACEMENT; TO ESTABLISH THE OFFICE OF ALCOHOL AND OTHER DRUG ABUSE SERVICES WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND TO TRANSFER TO THIS OFFICE THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, INPATIENT ALCOHOL AND DRUG SERVICES FROM THE DEPARTMENT OF MENTAL HEALTH, AND CERTAIN ALCOHOL AND DRUG TREATMENT FACILITIES OPERATED BY THE STATE AGENCY OF VOCATIONAL REHABILITATION UPON APPROVAL OF A PLAN; TO TRANSFER THOSE SECTIONS OF THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN RESPONSIBLE FOR CLIENT AND FAMILY SERVICES TO THE DEPARTMENT OF MENTAL HEALTH; TO TRANSFER THE SOUTH CAROLINA COMMISSION FOR THE BLIND TO THE STATE AGENCY OF VOCATIONAL REHABILITATION; TO ABOLISH THE BOARD OF THE COMMISSION FOR THE BLIND AND TO TRANSFER ITS DUTIES TO THE STATE AGENCY FOR VOCATIONAL REHABILITATION; TO ABOLISH THE SOUTH CAROLINA MENTAL HEALTH COMMISSION AND TO TRANSFER ITS DUTIES TO THE DEPARTMENT OF MENTAL HEALTH; AND TO PROVIDE TRANSFER AND TRANSITION PROVISIONS; TO


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ADD ARTICLE 5 TO CHAPTER 30, TITLE 1 SO AS TO ESTABLISH THE DEPARTMENT OF INFORMATION TECHNOLOGY FOR HEALTH AND HUMAN SERVICES AGENCIES AND TO PROVIDE FOR ITS POWERS AND DUTIES, INCLUDING THE MANAGEMENT AND ADMINISTRATION FOR ALL INFORMATION TECHNOLOGIES ASSOCIATED WITH THESE AGENCIES AND THE APPROVAL OF INFORMATION TECHNOLOGIES EXPENDITURES; TO ADD CHAPTER 64 TO TITLE 2 SO AS TO ESTABLISH THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON MEDICAID AND HEALTH CARE AND TO PROVIDE FOR ITS MEMBERSHIP, FUNCTIONS, DUTIES, AND RESPONSIBILITIES INCLUDING, AMONG OTHER THINGS, TO APPROVE REORGANIZATION PLANS AND TO REVIEW THE STATE MEDICAID PLAN; TO ADD ARTICLE 8 TO CHAPTER 6, TITLE 44 SO AS TO ESTABLISH THE STATE OFFICE OF MEDICAID AND HEALTH CARE AUDITS FOR THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, TO PROVIDE THAT THE AUDIT DIRECTOR MUST BE APPOINTED BY AND UNDER THE DIRECTION OF THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON MEDICAID AND HEALTH CARE, AND TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE AUDIT DIRECTOR, INCLUDING CONDUCTING AUDITS, PREVENTING WASTE, AND PROMOTING ACCOUNTABILITY; TO ADD SECTION 12-2-100 SO AS TO REQUIRE THE DEPARTMENT OF REVENUE TO PROVIDE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ELECTRONIC ACCESS TO TAXPAYER INFORMATION TO USE IN DETERMINING MEDICAID ELIGIBILITY; TO ADD SECTION 44-6-105 SO AS TO REQUIRE THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON MEDICAID AND HEALTH CARE TO REVIEW CHANGES TO MEDICAID ELIGIBILITY REQUIREMENTS; TO ADD SECTION 44-6-108 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO REPORT TO THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON MEDICAID AND HEALTH CARE ON MEDICAID BENEFICIARIES NOT MAKING REQUIRED PAYMENTS; TO ADD SECTION 38-71-270 SO AS TO REQUIRE HEALTH INSURERS TO PROVIDE NAMES AND IDENTIFYING INFORMATION ON THEIR INSUREDS TO BE USED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES IN DETERMINING MEDICAID ELIGIBILITY; TO

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ADD SECTION 44-6-75 SO AS TO PROVIDE FOR A MEDICAID COST CONTAINMENT ACTION PLAN FOR THE PROJECTED EXPENDITURES FOR THE STATE MEDICAID PROGRAM FOR THE NEXT FISCAL YEAR AND TO PROVIDE FOR THE CONTENTS OF THE PLAN AND FOR ALTERNATIVE MEASURES WHEN REVENUE IS NOT SUFFICIENT TO ADEQUATELY FUND THE MEDICAID PROGRAM; TO ADD SECTION 44-6-120 SO AS TO ESTABLISH THE SOUTH CAROLINA MEDICAID MANDATORY MANAGED CARE PILOT PROGRAM TO BE IMPLEMENTED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES IN CHARLESTON, FLORENCE, GREENVILLE, HORRY, AND RICHLAND COUNTIES, AND IN ONE RURAL COUNTY TO BE DESIGNATED BY THE DEPARTMENT, FOR FIVE YEARS TO ENROLL MEDICAID RECIPIENTS IN A HEALTH MAINTENANCE ORGANIZATION OR WITH PRIMARY CARE CASE MANAGEMENT PROVIDERS AND TO INCLUDE PROVISIONS TO ENSURE COMPETITION, ACCOUNTABILITY, AND ACTUARIAL SOUNDNESS; TO ADD SECTION 44-6-125 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO IMPLEMENT A PILOT PROJECT TO EVALUATE THE VIABILITY OF PRIVATIZING THE MEDICAID ELIGIBILITY PROCESS; TO ESTABLISH THE TASK FORCE ON EMERGENCY ROOM DIVERSION TO STUDY INAPPROPRIATE EMERGENCY ROOM USE AND TO MAKE RECOMMENDATIONS TO REDUCE SUCH USE; TO ADD SECTION 44-7-75 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO CONTRACT FOR THE MANAGEMENT AND OPERATION OF CERTAIN NURSING HOMES FORMERLY UNDER THE DEPARTMENT OF MENTAL HEALTH; TO ADD SECTION 12-21-625 SO AS TO IMPOSE A SURTAX ON CIGARETTES IN AN AMOUNT EQUAL TO 2.1 CENTS PER CIGARETTE, TO CREDIT THIS TAX TO THE MEDICAID SERVICES FUND, TO PROVIDE FOR THE USE OF THESE FUNDS, AND TO FURTHER PROVIDE THAT FIFTY PERCENT OF THESE FUNDS MUST BE USED TO OFFSET REDUCTIONS IN OTHER STATE-IMPOSED TAXES AND FEES INCLUDING, BUT NOT LIMITED TO, OFFSETTING REDUCTIONS IN STATE INDIVIDUAL INCOME TAXES; TO REQUIRE THE DIRECTOR OF THE LEGISLATIVE AUDIT COUNCIL TO EMPLOY AUDITORS NECESSARY TO PERFORM

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AUDITS ON DEPARTMENTS AFFECTED IN THIS ACT; AND TO ADD SUBARTICLES 2, 3, AND 4 TO ARTICLE 5, CHAPTER 21, TITLE 12 SO AS TO PROVIDE FOR TAX STAMPS ON CIGARETTE PACKAGES AS INDICIA OF TAX PAYMENT, TO PROVIDE FOR ADMINISTRATIVE FINES AND FORFEITURE OF CIGARETTES FOR DEFRAUDING THE STATE OR OTHERWISE FAILING TO COMPLY WITH THE SUBARTICLE, AND TO PROVIDE FOR CRIMINAL PENALTIES INCLUDING FINES, IMPRISONMENT, LICENSE REVOCATION, AND FORFEITURE FOR DEALING IN COUNTERFEIT CIGARETTES; TO PROVIDE PROCEDURES TO PREVENT VIOLATIONS AND ASSIST ENFORCEMENT OF THE TOBACCO ESCROW FUND ACT AND ADD SAFEGUARDS TO THE COMPLIANCE WITH THE MASTER SETTLEMENT AGREEMENT, INCLUDING CERTIFIED REPORTING REQUIREMENTS FOR PARTICIPATING AND NONPARTICIPATING MANUFACTURERS, PRODUCTION OF A WEBSITE FOR PUBLIC ACCESS TO NAMES AND BRAND FAMILIES OF MANUFACTURERS MEETING THE CERTIFICATION CRITERIA, PROHIBITION OF THE APPLICATION OF TAX STAMPS TO A PRODUCT WHOSE BRAND FAMILY DOES NOT APPEAR ON THE LIST, REQUIREMENT OF SALES REPORTS BY BRAND FAMILY, PROVISION OF LICENSE REVOCATION, FINES, INJUNCTIVE RELIEF, AND FORFEITURE FOR NONCOMPLIANCE, AND MAKING NONCOMPLIANCE AN UNFAIR AND DECEPTIVE TRADE PRACTICE; TO REGULATE THE DELIVERY SALES OF CIGARETTES BY PROVIDING AGE VERIFICATION, DISCLOSURE, SHIPPING, REGISTRATION, REPORTING, AND TAX COLLECTION REQUIREMENTS IN CONNECTION WITH A CIGARETTE SALE TO A CONSUMER AS THE RESULT OF A TELECOMMUNICATED ORDER OR DELIVERY BY THE MAILS OR OTHER DELIVERY SERVICE, AND TO PROVIDE FOR FINES AND INJUNCTIVE RELIEF FOR NONCOMPLIANCE; TO AMEND SECTION 12-21-2975, RELATING TO CONFISCATED PRODUCTS DONATED TO THE DEPARTMENT OF MENTAL HEALTH FOR PATIENT USE, SO AS TO DELETE CIGARETTES; TO DESIGNATE SECTIONS 1-30-10 THROUGH 1-30-120 AS ARTICLE 1, CHAPTER 30, TITLE 1 ENTITLED "DEPARTMENTS OF STATE GOVERNMENT" AND TO DESIGNATE SECTIONS 12-21-610 THROUGH 12-21-810 AS SUBARTICLE 1, ARTICLE 5, CHAPTER 21, TITLE 12; AND TO REPEAL SECTION 12-21-2870,

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RELATING TO CONFISCATION AND SALE OF UNSTAMPED CIGARETTES, AND SECTION 44-9-30, RELATING TO THE SOUTH CAROLINA MENTAL HEALTH COMMISSION.

Rep. WILKINS explained the Bill.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22994AC03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ Part I
Act Citation

SECTION   1.   This act may be cited as the "Health and Human Services Reorganization and Accountability Act of 2003".

Part II
Health and Human Services Agency
Reorganization and Consolidation

SECTION   2.   Chapter 30, Title 1 of the 1976 Code is amended by adding:

"Article 3
Health and Human Services Agencies

Section 1-30-310.   (A)   Notwithstanding any other provision of law, and after approval, pursuant to Section 1-30-330, of plans required by this article to be submitted to the Joint Legislative Oversight Committee on Medicaid and Health Care, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with these agencies, except for those subdivisions or sections of agencies not specifically transferred to another department, are transferred in accordance with the following:

(1)   There is established within the Department of Health and Human Services the Office for Emotionally Disturbed Children. The director of the department shall employ a director for this office who shall serve at the pleasure of the director of the department. This office is responsible for policy, development, planning, and licensing and monitoring of emotionally disturbed children's services within it's jurisdiction. The Director of the Office for Emotionally Disturbed Children is responsible for licensing, monitoring, and providing technical assistance and training for all providers of public and private


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group homes for emotionally disturbed children in this State. The director is responsible for providing for an effective and efficient system of services for emotionally disturbed children. The director shall provide for streamlined systems of licensing and monitoring providers while not compromising safety and quality of programs. The director is responsible for a direct billing system between providers and the department for all Medicaid residential, room, and board, and 'WRAP' services for emotionally disturbed children in this State. The following are transferred to the Office for Emotionally Disturbed Children:

(a)   the Governor's Office, Children's Case Resolution System, as provided for in Article 19, Chapter 7, Title 20;

(b)   those sections of the Governor's Office, Continuum of Care For Emotionally Disturbed Children responsible for the program's policy development and oversight;

(c)   those sections of the Department of Social Services responsible for licensing and monitoring group homes and other institutions providing residential care to ten or more children and other out of home placements for children.

(2)   Those sections of the Governor's Office, Continuum of Care for Emotionally Disturbed Children responsible for client and family services are transferred to the Department of Mental Health to be located within the department as determined by the Director of the Department of Mental Health.

(3)   Licensure and regulation of daycare facilities pursuant to Subarticle II, Article 13, Chapter 7, Title 20 must be transferred to the Department of Health and Environmental Control by September 1, 2003.

Funding for Daycare Licensing in the fiscal year 2003-04 general Appropriations Act, Part 1A, Section 13 Department of Social Services, must be transferred to the Department of Health and Environmental Control by September 1, 2003. The amount to be transferred must be $2,458,618 in total funds and $55,204 in general funds. The number of FTE's to be transferred must be 13.00 total funds and 1.17 general funds. The Director of the Office of State Budgets must provide for this transfer after conferring with the directors of state agencies affected by this item. The Department of Health and Environmental Control must consider employees of the Department of Social Services working in childcare licensing for employment with the Department of Health and Environmental Control in a similar capacity.


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(4)   There is established within the Department of Health and Human Services the Office of Alcohol and Other Drug Abuse Services. The director of the department shall employ a director for this office who shall serve at the pleasure of the director of the department. The following are transferred to the Office of Alcohol and Other Drug Abuse Services:

(a)   the Department of Alcohol and Other Drug Abuse Services, as provided for in Chapter 49, Title 44;

(b)   the inpatient alcohol and drug treatment facility operated by the Department of Mental Health;

(c)   the alcohol and treatment facilities of the South Carolina State Agency of Vocational Rehabilitation upon the Joint Legislative Oversight Committee on Medicaid and Health Care approving a plan pursuant to Section 1-30-330, which must be submitted by the South Carolina State Agency of Vocational Rehabilitation before November 1, 2003. The plan must address the management, operations, and funding realignment of these facilities, including how this transfer would affect the continued receipt of federal funds currently received by these facilities. The transfer provided for in this subitem is not intended to negatively impact federal funds currently received by the South Carolina State Agency of Vocational Rehabilitation for these facilities.

Nothing in this item may be construed to affect the authority, duties, and responsibilities of the boards for the local commissions on alcohol and other drug abuse services.

(B)   The South Carolina Mental Health Commission is abolished and its powers, duties, and responsibilities are transferred to the Department of Mental Health. The Director of the Department of Mental Health must be appointed by the Governor and the director shall serve at the pleasure of the Governor. Directors of mental health facilities and directors of the community mental health centers shall serve at the pleasure of the director.

(C)   Managed Treatment Services within the Department of Social Services shall remain at the department pending approval of a plan to reorganize these services. The department shall submit the plan to the Joint Legislative Oversight Committee on Medicaid and Health Care for approval pursuant to Section 1-30-330.

Section 1-30-320.(A)   The Executive Director of the State Budget and Control Board shall submit an implementation plan for approval pursuant to Section 1-30-330 to the Joint Legislative Oversight Committee on Medicaid and Health Care for the transfer and


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reorganization of the entities affected by this article and their personnel, funds, property and all other matters of transfer, including the impact of this reorganization on all general funds, federal funds, and other sources of funds of the entities affected by the reorganization. The plan must be submitted before September 1, 2003, and must take effect as soon as practicable, in a manner and on a schedule as prescribed by the State Budget and Control Board, but no later than January 1, 2004.

(B)   The Executive Director of the Budget and Control Board shall provide for the orderly transfer of appropriated funds for the entities affected by this reorganization consistent with the provisions of this article. The executive director, in consultation with the affected agencies, and following approval of the Joint Legislative Oversight Committee on Medicaid and Health Care pursuant to Section 1-30-330, has final decision-making authority regarding the realignment of appropriations to carry out the provisions of this article

(C)   The Executive Director of the State Budget and Control Board and the agencies reporting to the executive director shall assist with the implementation of the reorganization provided for in this article, and the affected agencies shall cooperate with the executive director in the implementation of this reorganization.
Section 1-30-330.   The Joint Legislative Oversight Committee on Medicaid and Health Care may approve or disapprove a plan required to be submitted pursuant to this article either in whole or in part, and the committee may require the entity submitting the plan to revise and resubmit all or a portion of the plan in accordance with changes requested by the committee.

Section 1-30-340.   (A)   The state directors of all health and human service agencies, which include the Department of Social Services, the Department of Health and Human Services, the Department of Disabilities and Special Needs, the Department of Mental Health, the South Carolina State Agency of Vocational Rehabilitation, and the Department of Health and Environmental Control annually shall submit information pertaining to all amounts and sources of funding received by the agency, including general funds, federal funds, and all other sources of funds.

(B)   The state directors of the health and human services agencies may require offices under their respective jurisdiction to:

(1)   locate all or a portion of the agency's employees and programs in the same building as another office or at a location near or adjacent to the location of another health and human services office;


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(2)   ensure that the agency's location is accessible to disabled employees and agency clients; and

(3)   consolidate agency support services, including clerical and administrative support services and information resources support services, with support services provided to or by another health and human services office. The state directors of all health and human service agencies are directed to post on the agency's respective web sites, the agency's progress in meeting these objectives.

(C)   The state director of each health and human services agencies shall require the main number of the agency to be answered by an employee during the hours of 8:30 a.m. to 5:30 p.m."

Section 1-30-350.   (A)   It is the intent of the General Assembly in reorganizing and consolidating the health and human services agencies enumerated in Section 1-30-340(A) to improve the communication, coordination, and cooperation of the personnel employed by these agencies in order to provide accessible, quality services. In keeping with this purpose, the state directors of these agencies must be evaluated annually on their leadership and accomplishments including, but not limited to whether they have established and maintained clear lines of authority, the availability, relevance, and effectiveness of staff training, the efficiency and competence of the agency's staff, the, the overall results of staff evaluations, and a cost benefit analysis of all of the agency's programs. This article is not intended to alter the means by which agency heads are evaluated annually.

(B)   It is also the intent of the General Assembly in reorganizing these agencies that:

(1)   minimal disruption of services to the public occurs;

(2)   duplication of operations will be eliminated;

(3)   appropriate services and programs will be consolidated;

(4)   lines of authority will be clearly established;

(5)   cost efficiency will be achieved;

(6)   program application and eligibility determination processes will be integrated to the fullest extent possible;

(7)   state and federal funds must be put to maximum use for direct service delivery, rather than for state and regional administrative overhead.

Part III
Department of Information Technology


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SECTION   3.   Chapter 30, Title 1 of the 1976 Code is amended by adding:

"Article 5
Department of Information Technology for
Health and Human Services Agencies

Section 1-30-510.   There is created the Department of Information Technology for Health and Human Services Agencies. The Governor shall appoint the director of the department with the advice and consent of the Senate and the House of Representatives. The director shall have training and experience in the field of information technology planning, administration, and operations.

Section 1-30-520.   (A)   The department is responsible for the management and administration of all information technologies, including information technology appropriations, other funding, and contracting, for the:

(1)   Department of Social Services, including the Office of Child Support Enforcement and Managed Treatment Services;

(2)   Department of Health and Human Services, including the Office of Children's Services and the Office of Alcohol and Other Drug Abuse Services;

(3)   Department of Disabilities and Special Needs;

(4)   Department of Mental Health, including those sections of the Governor's Office, Continuum of Care for Emotionally Disturbed Children responsible for family and client services were transferred to the department pursuant to Section 1-30-310(A)(3);

(5)   South Carolina State Agency of Vocational Rehabilitation, including those programs transferred to the agency pursuant to Section 1-30-310; and

(6)   Department of Health and Environmental Control.

(B)   The director has final approval for all proposed information technologies expenditures of the agencies enumerated in subsection (A). An agency director may appeal a decision of the director concerning information technologies to the Joint Legislative Oversight Committee on Medicaid and Health Care. Decisions of the committee on these matters are final.

(C)   Annually the director shall submit a report to the Joint Legislative Oversight Committee on Medicaid and Health Care containing the proposed information technologies expenditures of the agencies enumerated in subsection (A).

Section 1-30-530.   In carrying out the responsibilities of this article the director shall:


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(1)     develop a coordinated strategic plan for information resources management that;

(a)   covers a multi-year period;

(b)   defines objectives for information resources management at each health and human services agency;

(c)   prioritizes information resources projects and implementation of new technology for all health and human services agencies;

(d)   integrates planning and development of each information resources system used by a health and human services agency, including those funded with federal funds or other funds, or both, into a coordinated information resources management planning and development system established by the commission;

(e)   establishes standards for information resources system security and that promotes the ability of information resources systems to operate with each other; and

(f)   achieves economies of scale and related benefits in purchasing for health and human services information resources systems;

(2)   establish information resources management policies, procedures, and technical standards, which must comply with statewide policies, procedures and standards developed by the State Chief Information Officer, and ensure compliance with these policies, procedures, and standards; and

(3)   review and submit to the Joint Legislative Oversight Committee on Medicaid and Health Care for approval, pursuant to Section 1-30-330, the information resources management and operating plans and proposed consolidation of each health and human services agency. Following approval of the committee and no later than December 15 of each year, the director shall post each agency's plan on the department's web site.

Section 1-30-540.   (A)   The director may appoint an information technology advisory committee composed of information resources managers for state agencies and for private employers which may advise the director regarding:

(1)   overall goals and objectives for information resources management for all health and human services agencies;

(2)   coordination of agency information resources management plans;

(3)   development of short-term and long-term strategies for:


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(a)   implementing information resources management policies, procedures, and technical standards;

(b)   ensuring compatibility of information resources systems across health and human services agencies as technology changes;

(4)   information resources training and skill development for health and human services agency employees and policies to facilitate recruitment and retention of trained employees;

(5)   standards for determining:

(a)   the circumstances in which obtaining information resources services under contract is appropriate;

(b)   the information resources services functions that must be performed by health and human services agency information resources services employees; and

(c)   the information resources services skills that must be maintained by health and human services agency information resources services employees;

(6)   optimization of the use of information resources technology that is in place at health and human services agencies;

(7)   existing and potential future information resources technologies and practices and the usefulness of those technologies and practices to health and human services agencies.

(B)   The committee shall review and make recommendations to the director concerning the consolidation and improved efficiency of information resources management functions, including:

(a)   cooperative leasing of information resources systems equipment;

(b)   consolidation of data centers;

(c)   improved network operations;

(d)   technical support functions, including help desk services, call centers, and data warehouses;

(e)   administrative applications;

(f)   purchases of standard software;

(g)   joint training efforts;

(h)   recruitment and retention of trained agency employees;

(i)     video conferencing; and

(j)   other related opportunities for improved efficiency.

(C)   The members of the advisory committee appointed pursuant to subsection (A) may not receive mileage, per diem, subsistence, or any form of compensation for their service on the committee."


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Part IV
Joint Legislative Oversight Committee on
Medicaid and Health Care

SECTION   4.   Title 2 of the 1976 Code is amended by adding:

"CHAPTER 64
Joint Legislative Oversight Committee on
Medicaid and Health Care

Section 2-64-10.   There is established the Joint Legislative Oversight Committee on Medicaid and Health Care composed of seven members, three of whom must be members of the Senate appointed by the Chairman of the Senate Finance Committee, three of whom must be members of the House of Representatives appointed by the Chairman of the House Ways and Means Committee, and one of whom shall be the Governor or the Governor's appointee. The committee shall elect a chairman and vice chairman.

Section 2-64-20.   (A)   In carrying out its responsibilities under this chapter, the committee shall:

(1)   make a detailed and careful study of the:

(a)   State Medicaid Plan annually, and the committee must be notified of any amendments to the plan;

(b)   federal laws pertaining to the Medicaid program; and

(c)   laws that have a bearing upon the Medicaid program;

(2)   review the state Medicaid program's compliance with state and federal laws, regulations, and other requirements.

(3)   compare the state Medicaid program with the Medicaid program structures of other states;

(4)   recommend changes, and introduce legislation when appropriate, regarding the structure of Medicaid eligibility, and the type, scope, and duration of services, together with predicted General Fund revenue, to make the State Medicaid Plan more stable and affordable for the taxpayers of this State;

(5)   provide for the revision of state laws and the State Medicaid Plan to develop a more easily understood, financially manageable, and stable system;

(6)   review efforts of the state Medicaid agency such as:

(a)   cost containment measures;

(b)   fiscal and program accountability;

(c)   quality of care;

(d)   effective coordination of all health care providers and payers;

(e)   performance measurement and reporting; and


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(f)   detection of fraud and abuse.

(7)   submit reports and recommendations annually to the Governor and the General Assembly for improving state health care policy and financing and other recommendations as may be appropriate.

(B)   In carrying out its responsibilities under this chapter, the committee may:

(1)   hold public hearings;

(2)   receive testimony of any employee of the State or any other witness who may assist the committee in its duties;

(3)   call for assistance in the performance of its duties from any employee or agency of the State or any of its political subdivisions;

(4)   contract with consultants to assist the committee in accomplishing its duties.

(C)   The committee shall review and approve or disapprove, in whole or in part, reorganization plans as provided for in Article 3, Chapter 30, Title 1 and shall perform other such functions as may be provided by law.

Section 2-64-30.   The committee may adopt by majority vote rules not inconsistent with this chapter that it considers proper with respect to matters relating to the discharge of its duties under this section. Professional and clerical services for the committee must be made available from the staffs of the General Assembly, the Budget and Control Board, and the Department of Health and Human Services.

Section 2-64-40.   Expenses of the committee may be paid from appropriated funds of the office of Health Care Audits, established pursuant to Article 8, Chapter 6 of Title 44."

Part V
State Office of Medicaid and Health Care Audits

SECTION   5.   Chapter 6, Title 44 of the 1976 Code is amended by adding:

"Article 8
State Office of Medicaid and Health Care Audits

Section 44-6-1010.   (A)   There is established the State Office of Medicaid and Health Care Audits for the Department of Health and Human Services for the purpose of:

(1)   conducting independent and objective audits, reviews, investigations, and inspections;

(2)   preventing and detecting waste, fraud, and abuse;

(3)   promoting accountability, economy, effectiveness, and efficiency.


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(B)   Agencies under the purview of this office are the:

(1)   Department of Social Services;

(2)   Department of Health and Humans Services;

(3)   Department of Disabilities and Special Needs;

(4)   Department of Mental Health;

(5)   South Carolina State Agency of Vocational Rehabilitation;

(6)   Department of Health and Environmental Control;

(7)   Department of Information Technology.

(C)   The audit director must be appointed by and is under the direction of the Joint Legislative Oversight Committee on Medicaid and Health Care, established pursuant to Section 2-64-10. The director must be appointed without regard to political affiliation and solely on the basis of integrity, related experience, and demonstrated ability in accounting, auditing, financial analysis, and management analysis. Employees of the office serve at the pleasure of the director.

Section 44-6-1020.   In carrying out the duties of the office the audit director may:

(1)   conduct audits, reviews, analyses, investigations, and inspections relating to the administration and operation of all programs administered by the department;

(2)   conduct audits, reviews, analyses, investigations, and inspections of providers, recipients, and other entities doing business with the department to determine compliance with applicable departmental contracts and regulations and to detect related fraud and abuse, if any;

(3)   receive and investigate complaints concerning possible violations of regulations or law, gross mismanagement, fraud, waste, or abuse. The office may not disclose the identity of an individual submitting a complaint unless the disclosure is unavoidable during the course of an investigation;

(4)   issue evaluation and audit reports in accordance with professional standards;

(5)   have direct access to all systems, records, reports, reviews, files, documents, papers, and similar information related to the programs and operations of the department and entities doing business with the department;

(6)   request information and assistance as necessary from any state, federal, or local agency;

(7)   enter into contracts and make payments for necessary staff and resources to the extent, and in such amounts as provided under this section and the annual general appropriations act;


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(8)   instruct the department to collect or withhold amounts related to fraud and abuse findings.

Section 44-6-1030.   The audit director shall report findings of fraud or abuse to the Director of the Department of Health and Human Services, the State Attorney General, and the Joint Legislative Oversight Committee on Medicaid and Health Care.

Section 44-6-1040.   If the audit director enters into a contract for services to assist the audit director in carrying out his responsibilities under this chapter, the contract must contain a provision authorizing the audit director, or his designee, to obtain records in accordance with applicable federal laws concerning confidentiality and the release of information. The contract must specifically contain a provision that information obtained in the course of the audit must be released to the Joint Legislative Committee when requested by the Chairman of the Committee.

Section 44-6-1050.   At least semi-annually, and more frequently at the request of the Joint Legislative Oversight Committee on Medicaid and Health Care, the audit director shall provide to the committee:

(1)   a description of significant problems, abuses, and deficiencies encountered in the administration and operation of departmental programs and recommendations for corrective action;

(2)   a listing of each audit report issued during the period and estimates for the dollar value of costs questioned in the report;

(3)   a report on each recommendation issued in an audit report over six months old, to which the appropriate entity has not complied;

(4)   a status report on fraud and abuse activity, including case volumes, collections, results of reviews and investigations, and referrals to the Attorney General or other prosecutorial and law enforcement authorities;

(5)   a status report on the annual audit plan that provides progress on current reviews and on known intended reviews and their completion dates;

(6)   other information as requested by the committee.

Section 44-6-1060.   The audit director, in carrying out the duties and responsibilities of this chapter, shall make every attempt to avoid duplication and ensure effective coordination and cooperation. Nothing in this section is intended to duplicate the activity of the State Auditor, the Attorney General's Medicaid Fraud Control Unit, or the Legislative Audit Council.


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Section 44-6-1070.   (A)   The audit director shall establish a budget, and seek additional funding sources, to carry out the responsibilities of the office.

(B)   Of the general funds appropriated to the agencies under the purview of this office, as provided for pursuant to Section 44-6-1010, .004 of these funds must be transferred annually by the State Treasurer from the general fund accounts of these agencies to be deposited in a separate and distinct account entitled 'State Office of Medicaid and Health Care Audits'."

Part VI
Medicaid Initiatives

SECTION   6.   Chapter 2, Title 12 of the 1976 Code is amended by adding:

"Section 12-2-100.   By July 1, 2003, the Department of Revenue shall implement electronic interface between information systems to enable the Department of Health and Human Services to electronically obtain income and related financial information of residents of the State from the department for the purpose of assisting the Department of Health and Human Services in making eligibility determinations of persons applying for Medicaid coverage."
SECTION   7.   Chapter 6, Title 44 of the 1976 Code, is amended by adding:

"Section 44-6-105.   Before the Department of Health and Human Services announces, in it's published bulletin or other written communication, a change in eligibility, coverage, duration or scope of services, reimbursement rates of private providers, or any other changes that would affect Medicaid spending, the department shall submit a fiscal impact statement to the Chairman of the Joint Legislative Oversight Committee on Medicaid and Health Care to be distributed to each member of the committee. This fiscal impact statement must identify the providers, services, and sources of funds affected and the method of calculating the fiscal impact."
SECTION   8.   Chapter 6, Title 44 of the 1976 Code is amended by adding:

"Section 44-6-108.   The Department of Health and Human Services annually shall report to the Joint Legislative Oversight Committee on Medicaid Health Care the number of beneficiaries on Medicaid who do not pay for services as required by state law."
SECTION   9.   Article 1, Chapter 71, Title 38 of the 1976 Code is amended by adding:


Printed Page 1824 . . . . . Thursday, March 20, 2003

"Section 38-71-270.   An insurer, including a health maintenance organization, providing health insurance to residents of this State shall submit the names and other identifying information of its insureds to the Department of Insurance in the manner and time prescribed by the department. The department shall submit this information to the Department of Health and Human Services to be used to identify Medicaid applicants who have other health insurance coverage."
SECTION   10.   Article 1, Chapter 6, Title 44 of the 1976 Code is amended by adding:

"Section 44-6-75.   (A) By December 15 of each year, the Director of the Department of Health and Human Services shall submit in writing to each member of the Budget and Control Board, a 'Medicaid Cost Containment Action Plan' on the projected expenditures for the state Medicaid program for the next fiscal year. The action plan must include:

(1)   a description of each action to be taken;

(2)   the number of individuals affected;

(3)   the Medicaid services or programs affected;

(4)   an estimate of the financial impact on the Medicaid program for the fiscal year in question; and

(5)   other information as requested by the board.

(B)   Upon receipt of the report, and if the report calls for actions to reduce projected spending within this limitation, the action plan must be implemented by the director. However, the action plan must not be implemented if, by separate legislation, the General Assembly enacts legislation with a two-thirds vote in each body, specifically calling for a suspension of the Medicaid Cost Containment Action Plan that would reduce Medicaid expenditures.

(C)   If the director informs the Budget and Control Board that general fund expenditures that match federal Medicaid dollars are projected to increase over the current fiscal year by a percentage greater than projected percentage growth of the state's total general fund, the director shall inform the board, in priority order, of the actions to be taken by the department to reduce expenditures in the Medicaid program for the following fiscal year so as to not exceed an amount equal to the percentage growth of the state's general fund revenue for that fiscal year as estimated by the Board of Economic Advisors."
SECTION   11.   A. This section may be known as the 'South Carolina Medicaid Mandatory Managed Care Pilot Program'.


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B. Article 1, Chapter 6, Title 44 of the 1976 Code is amended by adding:

"Section 44-6-120.   (A)   The Department of Health and Human Services shall implement a mandatory managed care enrollment pilot program in Charleston, Florence, Greenville, Horry, and Richland Counties, and in one rural county to be designated by the department, before June 1, 2004. 'Rural' for purposes of this subsection means a county with a population of less than one hundred thousand persons as of the most recent official United States Census. The pilot program shall operate for a five-year period unless the program fails to demonstrate budget neutrality over the life of the project.

(B)   The department shall provide for a health care delivery system that includes, but is not limited to, Health Maintenance Organizations (HMOs) and Primary Care Case Management (PCCM) Providers who can deliver health care services and provide options to state Medicaid recipients, including all individuals who fall under the Temporary Assistance to Needy Families (TANF) and Supplemental Omnibus Budget Reconciliation Act (SOBRA) categories.

(C)   To ensure competition, accountability, and the actuarial soundness of this pilot program, the Joint Legislative Oversight Committee on Medicaid and Health Care shall require the department to designate a third-party actuary to establish the HMO and PCCM rates effective January 2004, with annual updates based on actuarially sound business methods and projected cost savings to the State. The committee shall evaluate the project and may engage a qualified actuary to evaluate the project annually. The department also shall contract with a third party actuary to conduct project evaluations and for other purposes as the department and this actuary may agree upon. These evaluation must include, but is not limited to, state specific and cross-state analyses of the impact on utilization, cost trends, recipient coverage, public and private expenditures, quality, access, and satisfaction.

(D)   The department shall enroll Medicaid recipients into either a participating HMO fully licensed by the Department of Insurance or the state's Physicians Enhancement Program (PEP) in the designated pilot counties. Recipients in the counties served by the pilot program must be notified by the department about enrollment options and must be given sixty days to choose a medical home through either a HMO or PCCM delivery system. After sixty days, those not responding must be auto-assigned by the department. HMO's participating in the waiver program must meet all network requirements.


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(E)   In order to ensure accountability, all HMO and PCCM participants must be held to the same nationally recognized standards, including credentialing, quality improvement, network adequacy, outreach, and education. The South Carolina Department of Insurance, consistent with community standards, shall conduct all network adequacy monitoring, and the department shall rely on the South Carolina Department of Insurance to avoid duplication of oversight cost.

(F)   The department shall provide for a health care delivery system that includes, but is not limited to, Health Maintenance Organizations (HMOs) and Primary Care Case Management (PCCM) Providers who can deliver health care services and provide options to state Medicaid recipients including all individuals who fall under the Temporary Assistance to Needy Families and Supplemental Omnibus Budget Reconciliation Act categories."
SECTION   12.   Article 1, Chapter 6, Title 44 of the 1976 Code is amended by adding:

Section 44-6-125.   (A)   Before November 1, 2003, the Department of Health and Human Services shall implement a pilot project to assess the viability of privatizing the determination and redetermination of Medicaid eligibility. This pilot project must be implemented in at least four major metropolitan areas of the State and may test both partial and total privatization of the eligibility process. The data must be collected and analyzed to evaluate the integrity of a privatized process.

(B)   The department shall explore limiting coverage groups to more essential services rather than a full coverage plan. The department shall continue to improve eligibility determination integrity measures and the accuracy and integrity of the eligibility determination program. Where there is no medical or physical hindrance the eligibility determination measures must:

(1)   require applicants, family members, or third parties to apply in person with an eligibility worker;

(2)   require a face to face re-mail-in application;

(3)   require documented proof of citizenship or legal alien status;

(4)   require a face to fact reapplication every twelve months, except for the elderly and persons with handicapping conditions;

(5)   require applicants parents, the responsible party, or persons holding a power of attorney for the applicant to sign the application,


Printed Page 1827 . . . . . Thursday, March 20, 2003

thereby attesting to the accuracy of the information provided and granting the consent of the applicant for an eligibility search;

(6)   provide for the termination of enrollees who have provided false information;

(7)   include an annual report to the General Assembly regarding the implementation of these measures.

(C)   The department shall develop, publish, and implement a plan for improving the eligibility determination process by October 30, 2003. The plan must address:

(1)   auditing and testing measures that are statistically valid;

(2)   recommendations for streamlining the eligibility process;

(3)   automation for efficiency and cost-savings;

(4)   on-line cross checks with the Department of Revenue, the Social Security Administration, and state databases;

(5)   verification of employer sponsored insurance;

(6)   termination of eligibility of employees who fail to provide complete and truthful information;

(7)   annual reporting to the General Assembly of applicants enrollment, utilization, and the statistically valid auditing of the determination program.

Changes to the plan must be submitted the Joint Legislative Oversight Committee on Medicaid and Health Care for approval, pursuant to Section 1-30-330.

(D)   The department shall maximize the use of managed care and explore privatization of the eligibility unit."
SECTION   13.   There is established a 'Task Force on Emergency Room Diversion' to be led by the Department of Health and Environmental Control to develop a plan for community service alternatives, or contract alternatives or both, for persons who currently use emergency rooms inappropriately.

The task force shall submit a plan and budget to reduce inappropriate utilization of the emergency room and to provide more appropriate services. Membership must include, but is not limited to, representatives of the following organizations: South Carolina Medical Association, the South Carolina Academy of Family Physicians, the South Carolina Hospital Association, the Emergency Medical Services Association, the South Carolina Sheriff's Association, Partners in Crisis, the Probate Court Judges Association, and the South Carolina Psychiatric Association. A report and budget must be submitted to the Joint Legislative Oversight Committee on Medicaid Health Care by January 1, 2004. Upon approval by the committee, the Department of


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Health and Human Services shall provide support for a pilot project to be administered by the department of Health and Environmental Control which shall monitor and provide regular evaluations of the pilot project.

Part VII
The South Carolina Retirees and Individuals
Pooling Together for Savings Act
(SCRIPTS)

SECTION   14.   Chapter 6, Title 44 of the 1976 Code is amended by adding:

"Article 5
The South Carolina Retirees and Individuals
Pooling Together for Savings Act

Section 44-6-610.   This article may be cited as the 'South Carolina Retirees and Individuals Pooling for Savings Act'.

Section 44-6-620.   For purposes of this article:

(1)   'Department' means the Department of Health and Human Services.

(2)   'Prescription drugs' means outpatient prescription drugs, that have been approved as safe and effective by the United State Food and Drug Administration including insulin syringes, insulin needles, and insulin. 'Prescription drugs' do not include experimental drugs and over the counter pharmaceutical products.

(3)   'Program' means the South Carolina Retirees and Individuals Polling Together for Savings (SCRIPTS) program created pursuant to this article.

Section 44-6-630.   There is created within the Department of Health and Human Services the South Carolina Retirees and Individuals Pooling Together for Savings (SCRIPTS) program. The program must combine the purchasing power of all South Carolina citizens sixty-five years of age and older who enroll in the program to reduce their prescription drug costs. Where possible, without violation of federal law, the department shall combine negotiating power for the program with negotiating power for pharmaceutical pricing and rebates which may exist now or in the future.

Section 44-6-640.   (A)   This program must be administered by the Department of Health and Human Services. The department may designate, or enter into contracts with, other entities including, but not limited to, other states, other governmental purchasing pools, and nonprofit organizations to assist in the administration of this program.


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(B)   By December 30, 2003, the department must submit a program implementation and administration plan for review by the Joint Legislative Oversight Committee for Medicaid and Health Care. The plan must include:

(1)   procedures for program enrollment;

(2)   requirements for program participation; and

(3)   annual program enrollment fees that must be calculated to pay all additional costs incurred by the department in the administration of the program.

(C)   Upon review of the Joint Legislative Oversight Committee on Medicaid and Health Care, the program may be implemented as soon as practicable.

(D)   When requested by the department, other state agencies shall provide assistance or information necessary for the administration of this program.

Section 44-6-650.   A person eligible to participate in this program must:

(1)   have attained the age of sixty-five years;

(2)   have resided in South Carolina at least six consecutive months before enrolling in the program; and

(3)   not be eligible for Medicaid prescription benefits.

Section 44-6-660.   (A)   The department shall maintain data to allow evaluation of the cost effectiveness of the program.

(B)   Beginning with the 2005 regular session of the General Assembly, no later than thirty days before the convening of each regular session, the department shall submit an annual report to the Governor and the Joint Legislative Oversight Committee on Medicaid and Health Care summarizing enrollment, financial information, and any other information needed to evaluate the costs and benefits of the program.

Section 44-6-670.   (A)   The department may seek waivers of any federal laws, regulations, or rules necessary to implement this program.

(B)   The department may promulgate regulations necessary for the administration of this program.

Section 44-6-680.   The program must be funded entirely from annual enrollment fees collected from program participants."

Part VIII
Seniors Forum

SECTION   15.   Chapter 21, Title 43 of the 1976 Code is amended by adding:


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"Section 43-21-15.   (A)   The Office on Aging in the South Carolina Department of Human Services must be supported by a Seniors Forum consisting of twenty-one voting members as follows:

(1)   nine members shall represent county Councils on Aging;

(2)   three members shall represent area Agencies on Aging or their federally mandated advisory councils;

(3)   three members must be members of the South Carolina Silver Haired Legislature, Inc.;

(4)   two members must be appointed by the Speaker of the House of Representatives;

(5)   two members must be appointed by the President Pro Tempore of the Senate; and

(6)   two members must be appointed by the Governor.

Members appointed by the Governor, the Speaker, and the President Pro Tempore shall serve terms coterminous with those making the appointments. All other members shall serve four-year terms or until a successor is appointed. A vacancy must be filled in the same manner as the original appointment for the remainder of the unexpired term. The chair must be elected by members of the forum from its members for a term of two years and shall serve until a successor is elected. Members of forum shall serve without compensation and may not receive mileage, per diem, or subsistence. The State Office on Aging shall provide staff for the forum. The Office on Aging must submit an annual draft plan of action for the upcoming fiscal year to the Senior's Forum by December 15 of each year.

(B)   The forum shall:

(1)   meet at least once each quarter and additional meetings may be called at the discretion of the chair. Rules and procedures must be adopted by the forum for the governance of its operations and activities;

(2)   make recommendations regarding:

(a)   the respective responsibilities and appropriate roles of state, regional and local entities;

(b)   the delivery of services to senior South Carolinians;

(c)   what services should be made available to eligible seniors; and

(d)   the allocation of funds to ensure maximum delivery of services to those seniors who are recipients of services.

(3)   sponsor public forums every four years, one year before the Office on Aging's four-year plan is due.


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(4)   respond to the annual draft plan submitted to the forum by the Office on Aging by January 31 of the following year with its comments and recommendations.

(C)   The office must submit a revised plan of action to the Governor, the Joint Legislative Committee on Medicaid and Health Care and the Seniors Forum by March 1."

Part IX
Nursing Homes

SECTION   16.   Article 1, Chapter 7, Title 44 of the 1976 Code is amended by adding:

"Section 44-7-75.   The Department of Health and Human Services shall enter into contractual agreements for the management and operation of skilled nursing facilities formerly under the jurisdiction of the Department of Mental Health."

Part X
Prevention of Youth Access to Tobacco

SECTION   17.   This part may be cited as the "Youth Access to Tobacco Prevention Act of 2003".
SECTION   18.   Section 16-17-500 of the 1976 Code, as last amended by Act 445 of 1996, is further amended to read:

"Section 16-17-500.   (A)   It shall be is unlawful for any a person to sell, furnish, give, distribute, purchase for, or provide any a minor under the age of eighteen years with cigarettes, tobacco, cigarette paper, or any substitute therefore a tobacco product. Any person violating the provisions of this section, either in person, by agent or in any other way, shall be guilty of a misdemeanor and, upon indictment and conviction, therefor shall be punished as follows:

(1)   for a first offense by a fine not exceeding twenty-five dollars;

(2)   for a second offense, by a fine not exceeding fifty dollars; and

(3)   for a third or subsequent offense, by a fine of not less than one hundred dollars or imprisonment for not more than one year nor less than sixty days, or both.

One-half of any fine imposed shall be paid to the informer of the offense and the other half to the treasurer of the county in which such conviction shall be had.

(B)   It is unlawful for a person to sell a tobacco product to an individual who does not present upon demand proper proof of age. Proof of age is not required from an individual who the person reasonably believes to be over twenty-seven years of age. Failure to require identification to verify a person's age shall be used as evidence


Printed Page 1832 . . . . . Thursday, March 20, 2003

to the knowing and intentional violation of this provision unless the person knows the individual is at least eighteen years of age. Proof that is demanded, is shown, and reasonably is relied upon for the individual's proof of age is a defense to an action initiated pursuant to this section. To determine whether a person believes an individual is at least twenty-seven years of age, a court may consider, but is not limited to considering, proof of the individual's general appearance, facial characteristics, behavior, and manners. This subsection does not apply to mail order sales.

(C)   A retail distributor of tobacco products must train its retail sales employees regarding the provisions contained in this section. In lieu of the penalties contained in subsection (F), a retail establishment that fails to comply with this provision must be fined not more than one thousand dollars. A retail establishment that provides proof that it has complied with the provisions contained in this section is not subject to this penalty.

(D)   It is unlawful for an individual less than eighteen years of age to purchase, accept receipt, attempt to purchase, or attempt to accept receipt of a tobacco product, or present or offer to a person proof of age which is false or fraudulent for the purpose of purchasing or possessing a tobacco product. However, a person less than eighteen years of age may be enlisted by local law enforcement agencies to test a community's compliance with this section and to reduce the extent to which tobacco products are sold or distributed to individuals less than eighteen years of age when the testing is under the direct supervision of the law enforcement agency and with the individual's parental consent. In addition, a person less than eighteen years of age may be enlisted by the Office of Alcohol and Other Drug Abuse Services, or a county alcohol and drug abuse authority to test an outlet's compliance with this section, with the permission of the individual's parent or guardian, to collect data for the federally mandated Youth Access to Tobacco Study.

(E)   It is unlawful for an individual less than eighteen years of age to possess a tobacco product. This subsection does not apply to the possession of tobacco products by an individual less than eighteen years of age who delivers tobacco products pursuant to his employment responsibilities.

(F)   Tobacco products may be accessible only in vending machines located in an establishment:

(1)   which is open only to persons who are eighteen years of age or older; or


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(2)   where the vending machine is under continuous control by the owner or licensee of the premises, or an employee of the owner or licensee, can be operated only upon activation by the owner, licensee, or employee before each purchase, and is not accessible to the public when the establishment is closed. The owner, licensee, or employee must demand proof of age from a prospective purchaser if he has reasonable grounds to believe the prospective purchaser is less than twenty-seven years of age. Proof that an owner, licensee, or employee demanded, was shown, and reasonably relied upon an individual's proof of age is a defense to any action brought pursuant to this subsection.

Vending machines which distribute tobacco products in establishments must meet the requirements of this section within one hundred twenty days after the effective date of this section or must be removed.

(G)   A person or individual that intentionally or knowingly violates a provision contained in this section either in person, by agent, or in any other way, is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(1)   for a first offense, by a fine not less than one hundred dollars;

(2)   for a second offense, which occurs within three years of the first offense, by a fine not less than two hundred dollars; and

(3)   for a third or subsequent offense, which occurs within three years of the first offense, by a fine not less than three hundred dollars.

All fines must be placed in the state general fund and distributed in the following manner:

(a)   one-half must be distributed to the treasurer of the county in which the conviction occurred; and

(b)   one-half must be distributed to the county alcohol and drug abuse commission and used for funding youth smoking prevention programs. A violation of this subsection is triable exclusively in either municipal or magistrate court.

A violation of this section is triable exclusively in either municipal or magistrate court.

(H)   In lieu of the penalties contained in subsection (G), a court may require an individual who is less than eighteen years of age who illegally purchases or possesses a tobacco product to perform not less than twenty hours of community service for a first offense and not less than forty hours of community service for a second or subsequent offense.


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(I)   As used in this section 'person' means an individual. 'Person' does not mean a firm, partnership, corporation, company, association, club, or commercial entity the person is associated with.

(J)   Notwithstanding any other provision of law, a violation of this section does not violate an establishment's beer and wine permit and is not a ground for revocation or suspension of a beer and wine permit.

(K)   A person who is less than eighteen years of age and who has been convicted of violating a provision of this section may have his record expunged upon becoming eighteen years of age if he has paid any fine imposed upon him and successfully completed any court-ordered community service."
SECTION   19.   Section 16-17-501 of the 1976 Code, as added by Act 445 of 1996, is amended to read:

"Section 16-17-501.   As used in this Section and Sections 16-17-500, 16-17-502, 16-17-503, and 16-17-504:

(1)   'Distribute' means to sell, furnish, give, or provide tobacco products, including tobacco product samples, cigarette paper, or a substitute for them, to the ultimate consumer.

(2)   'Proof of age' means a driver's license or other documentary or written evidence that the individual is eighteen years of age or older identification card issued by this state, or a United States Armed Services identification card.

(3)   'Sample' means a tobacco product distributed to members of the general public at no cost for the purpose of promoting the products.

(4)   'Sampling' means the distribution of samples to members of the general public in a public place.

(5)   'Tobacco product' means a product that contains tobacco and is intended for human consumption."

Part XI
Tobacco Settlement Receipts and Bonds

SECTION   20.   The General Assembly finds that:

(1)   By Act 387 of 2000 (Act 387), the General Assembly established the Tobacco Settlement Revenue Management Authority (the "authority"), and conferred upon the authority certain enumerated powers. Among other things, the authority was given the power to receive, and to issue bonds secured by, the State's tobacco receipts, as defined in Act 387. The factual findings set forth in Act 387 are ratified and confirmed in all respects and are incorporated by reference in this section.


Printed Page 1835 . . . . . Thursday, March 20, 2003

(2)   On March 22, 2001, the authority issued its $200,000,000 Tobacco Settlement Asset-Backed Bonds, Series 2001A (Taxable), and its $734,530,000 Tobacco Settlement Asset-Backed Bonds, Series 2001B (Tax Exempt) (together, the "2001 Bonds"). Act 387 specified the purposes for which the state's tobacco receipts, together with the proceeds of any bonds secured by the state's tobacco receipts, must be applied. The proceeds of the 2001 Bonds were applied for these purposes.

The General Assembly has now determined that it is in the best interests of the State of South Carolina and its residents that additional tobacco receipts be credited to the general fund of the State rather than being deposited as provided in Act 387.

(3)   In addition, the authority has been advised that in order to preserve maximum financial flexibility for the authority in the management of the proceeds of its bonds, Act 387 must be amended to permit the use of tobacco settlement revenues and the proceeds of bonds secured by these revenues to refund or purchase these bonds.
SECTION   21.   Subsections (A) and (B) of Section 11-11-170 of the 1976 Code, as added by Act 387 of 2001, are amended to read:

"(A)   All revenues payable to this State transferred from the authority pursuant to the Master Settlement Agreement as described in Section 11-47-20(e) Section 11-49-130 must be used in the manner specified in this section deposited directly with the Department of Health and Human Services for health care expenditures and for the purpose of achieving the maximum Medicaid match.

(B)   All proceeds of bonds issued pursuant to Section 11-49-70(J)(2) must be deposited as provided in this subsection.

(1)   Seventy-three percent of the revenues must be used for healthcare programs. The revenues, or the funds obtained proceeds of bonds issued pursuant to Chapter 49 of Title 11 Section 11-49-70(J)(2), must be deposited in a fund separate and distinct from the general fund and all other funds, which is hereby established in the State Treasury styled the Healthcare Tobacco Settlement Trust Fund. Earnings on this fund must be credited to the fund. The principal must remain in the fund and only the interest earnings may be appropriated and used for the following purposes:

(a)   for fiscal year 2000-2001 only, the first twenty million dollars available from the principal derived from securitization must be used for hospital base increase RESERVED;

(b)   the South Carolina Seniors' Prescription Drug Program, as provided in Chapter 130 of Title 44;


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(c)   home and community-based programs for seniors coordinated by the Department of Health and Human Services;

(d)   youth smoking cessation and prevention programs coordinated by the Department of Health and Environmental Control and the Department of Alcohol and Other Drug Abuse Services;

(e)   newborn infants hearing screening initiatives coordinated by the Department of Health and Environmental Control;

(f)   disease prevention and elimination of health disparities: diabetes, HIV/AIDS, hypertension, and stroke, particularly in minority populations;

(g)   other health related issues as determined by the General Assembly.

(2)   Fifteen percent of the revenues, or the funds obtained proceeds of bonds issued pursuant to Chapter 49 of Title 11 Section 11-49-70(J)(2), must be deposited in a fund separate and distinct from the general fund and all other funds, which is hereby established in the State Treasury styled the Tobacco Community Trust Fund. Earnings on the fund must be credited to the fund. This fund must be used to reimburse:

(a)   tobacco growers, tobacco quota holders, and tobacco warehousemen for actual losses due to reduced quotas since 1998. For purposes of this subitem, 'tobacco quota owner' and 'tobacco grower' have the meaning provided in Section 46-30-210, and the reimbursement is for losses incurred in reduced cultivation of tobacco in this State. Reimbursements must be made pursuant to eligibility requirements established by the South Carolina Tobacco Community Development Board created pursuant to Section 46-30-230;

(b)   after the reimbursement provided pursuant to subitem (a), the balance must be held in an escrow account through June 30, 2012, and used as provided in subitem (a). After June 30, 2012, any account balance must be transferred to the Healthcare Tobacco Settlement Trust Fund.

(3)   Ten percent of the revenues, or the funds obtained proceeds of bonds issued pursuant to Chapter 49 of Title 11 Section 11-49-70(J)(2), must be deposited in a fund separate and distinct from the general fund and all other funds, which is hereby established in the State Treasury styled the Tobacco Settlement Economic Development Fund. Earnings on the fund must be credited to the fund. This fund must be used for the following programs:


Printed Page 1837 . . . . . Thursday, March 20, 2003

(a)   the first eighty million dollars credited to the fund is set aside to be used for the purposes specified in this item except for subitem (b);

(b)   for Fiscal Year 2000-2001 only, the next ten million dollars credited to the fund must be set aside to be available to be appropriated and used in accordance with the provisions of Section 12-37-2735; and RESERVED

(c)   the remaining revenue credited to the fund must be used to fund the South Carolina Water and Wastewater Infrastructure Fund as provided in Section 13-1-45.

(4)   Two percent of the revenues, or the funds obtained proceeds of bonds issued pursuant to Chapter 49 of Title 11 Section 11-49-70(J)(2), must be deposited in a fund separate and distinct from the general fund and all other funds, which is hereby established in the State Treasury styled the Tobacco Settlement Local Government Fund. Earnings on the fund must be credited to the fund. This fund must be used to fund the operation of and grants distributed by the Office of Local Government of the Division of Regional Development of the Budget and Control Board, or its successor in interest.

(5)     Notwithstanding the provisions of this subsection, the Tobacco Settlement Revenue Management Authority may determine by resolution that some or all of the amounts on deposit in the funds provided in this subsection, whether in the form of principal or interest, may be used at any time to refund or purchase bonds issued pursuant to Chapter 49 of Title 11."
SECTION   22.   Section 11-49-130 of the 1976 Code, as added by Act 387 of 2001, is amended to read:

"Section 11-49-130.   All of the state's tobacco receipts not needed to pay (1) expenses of the authority during the next twelve months, or (2) debt service on bonds during the next twelve months, or fully to fund reserve accounts established by the board with respect to bonds, not less frequently than annually and at a time determined by the board in its resolutions authorizing the issuance of bonds, must be transferred to the funds as identified as provided in Section 11-11-170(A). The determination by the board of the amount to be transferred is final and is not reviewable by any court or other body."

Part XII
Article designated

SECTION   23.   Sections 1-30-10 through 1-30-120 of the 1976 Code are designated as Article 1, Chapter 30, Title 1 of the 1976 Code and named "Departments of State Government".


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Part XIII
Severability and Savings

SECTION   24.   (A)   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

(B)   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

Part XIV
Repeals

SECTION   25.   (A)   Joint Resolution 370 of 2002 is repealed.

(B)   Sections 44-9-30, 43-21-10, 43-21-120 of the 1976 Code are repealed.

Part XV
Time Effective

SECTION   26.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. JENNINGS spoke against the amendment.
Rep. JENNINGS spoke against the amendment.
Rep. WILKINS spoke in favor of the amendment.
Rep. SCOTT spoke against the amendment.


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Rep. QUINN explained the amendment.
Rep. QUINN spoke in favor of the amendment.

SPEAKER IN CHAIR

Rep. QUINN continued speaking.
Rep. HARRELL spoke in favor of the amendment.
Rep. LOURIE spoke against the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. LOURIE continued speaking.
Rep. WHIPPER spoke against the amendment.
Rep. WHIPPER spoke against the amendment.
Rep. J. H. NEAL spoke against the amendment.

SPEAKER IN CHAIR

LEAVE OF ABSENCE

The SPEAKER granted Rep. MCCRAW a leave of absence for the remainder of the day to attend a funeral.

Rep. J. H. NEAL continued speaking.
Rep. J. H. NEAL spoke against the amendment.
Rep. MCLEOD spoke against the amendment.

Rep. MCLEOD moved that the House do now adjourn.

Rep. SANDIFER demanded the yeas and nays which were taken, resulting as follows:

Yeas 34; Nays 81

Those who voted in the affirmative are:

Bowers                 Branham                Breeland
G. Brown               J. Brown               R. Brown
Coleman                Emory                  Gourdine
Govan                  Harvin                 J. Hines
M. Hines               Hosey                  Howard
Jennings               Kennedy                Lee
Lloyd                  Lourie                 Mack
McLeod                 Moody-Lawrence         J. H. Neal

Printed Page 1840 . . . . . Thursday, March 20, 2003

J. M. Neal             Parks                  Phillips
Rutherford             Scott                  Sheheen
J. E. Smith            Snow                   Weeks
Whipper

Total--34

Those who voted in the negative are:

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Cato                   Ceips
Chellis                Clark                  Clemmons
Clyburn                Coates                 Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Edge
Freeman                Frye                   Gilham
Hagood                 Harrell                Harrison
Haskins                Hayes                  Herbkersman
Hinson                 Huggins                Keegan
Kirsh                  Koon                   Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               Martin
McGee                  Merrill                Miller
Neilson                Ott                    Owens
Perry                  Pinson                 E. H. Pitts
Quinn                  Rice                   Richardson
Sandifer               Scarborough            Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            J. R. Smith            W. D. Smith
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Total--81

So, the House refused to adjourn.

Rep. J. E. SMITH spoke against the amendment.


Printed Page 1841 . . . . . Thursday, March 20, 2003

Rep. J. E. SMITH moved to adjourn debate on the Bill.

Rep. ALTMAN moved to table the motion.

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 73; Nays 32

Those who voted in the affirmative are:

Altman                 Barfield               Battle
Bingham                Cato                   Ceips
Chellis                Clemmons               Coates
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Frye                   Gilham
Hagood                 Harrell                Harrison
Harvin                 Haskins                Herbkersman
Hinson                 Huggins                Kirsh
Koon                   Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Mahaffey               Martin                 McGee
Merrill                Moody-Lawrence         Owens
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rice
Richardson             Sandifer               Scarborough
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            J. R. Smith
W. D. Smith            Stewart                Stille
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Total--73

Those who voted in the negative are:

Anthony                Bowers                 Breeland
R. Brown               Clyburn                Coleman
Freeman                Gourdine               Govan

Printed Page 1842 . . . . . Thursday, March 20, 2003

Hayes                  J. Hines               M. Hines
Hosey                  Howard                 Jennings
Kennedy                Lee                    Lloyd
Lourie                 Mack                   McLeod
Miller                 J. H. Neal             Neilson
Ott                    Parks                  Phillips
Scott                  Sheheen                J. E. Smith
Weeks                  Whipper

Total--32

So, the motion to adjourn debate was tabled.

The question then recurred to the adoption of the amendment.

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 73; Nays 33

Those who voted in the affirmative are:

Altman                 Barfield               Battle
Bingham                Cato                   Ceips
Chellis                Clemmons               Coates
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Frye                   Gilham
Hagood                 Harrell                Harrison
Haskins                Herbkersman            Hinson
Huggins                Kirsh                  Koon
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Mahaffey
Martin                 McGee                  Merrill
Miller                 Neilson                Owens
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rice
Richardson             Sandifer               Scarborough
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            J. R. Smith
W. D. Smith            Stewart                Stille
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp

Printed Page 1843 . . . . . Thursday, March 20, 2003

Trotter                Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Total--73

Those who voted in the negative are:

Anthony                Bales                  Bowers
Breeland               J. Brown               R. Brown
Clyburn                Coleman                Freeman
Gourdine               Govan                  Harvin
Hayes                  J. Hines               M. Hines
Hosey                  Howard                 Jennings
Kennedy                Lee                    Lloyd
Lourie                 Mack                   McLeod
Moody-Lawrence         J. H. Neal             Ott
Parks                  Phillips               Sheheen
J. E. Smith            Weeks                  Whipper

Total--33

So, the amendment was adopted.

Rep. GOVAN moved that the House recede until 2:15 p.m., which was agreed to.

Further proceedings were interrupted by the House receding, the pending question being consideration of amendments.

THE HOUSE RESUMES

At 2:15 p.m. the House resumed, the SPEAKER in the Chair.

ACTING SPEAKER QUINN IN CHAIR

POINT OF QUORUM

The question of a quorum was raised.
A quorum was later present.

SPEAKER IN CHAIR


Printed Page 1844 . . . . . Thursday, March 20, 2003

LEAVE OF ABSENCE

The SPEAKER granted Rep. PARKS a temporary leave of absence.

H. 3768--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of amendments:

H. 3768 (Word version) -- Reps. Rice, Clemmons and Edge: A BILL TO ENACT THE "SOUTH CAROLINA HEALTH AND HUMAN SERVICES REORGANIZATION AND ACCOUNTABILITY ACT OF 2003"; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 30, TITLE 1 SO AS TO ESTABLISH THE OFFICE OF CHILDREN'S SERVICES WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND TO TRANSFER TO THIS OFFICE THE CHILDREN'S CASE RESOLUTION SYSTEM, CERTAIN SECTIONS OF THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN, CERTAIN SECTIONS OF THE DEPARTMENT OF SOCIAL SERVICES RESPONSIBLE FOR LICENSING AND MONITORING OUT-OF-HOME PLACEMENTS FOR CHILDREN, AND CERTAIN SECTIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RESPONSIBLE FOR LICENSING RESIDENTIAL TREATMENT FACILITIES AND OTHER OUT-OF-HOME PLACEMENT; TO ESTABLISH THE OFFICE OF ALCOHOL AND OTHER DRUG ABUSE SERVICES WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND TO TRANSFER TO THIS OFFICE THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, INPATIENT ALCOHOL AND DRUG SERVICES FROM THE DEPARTMENT OF MENTAL HEALTH, AND CERTAIN ALCOHOL AND DRUG TREATMENT FACILITIES OPERATED BY THE STATE AGENCY OF VOCATIONAL REHABILITATION UPON APPROVAL OF A PLAN; TO TRANSFER THOSE SECTIONS OF THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN RESPONSIBLE FOR CLIENT AND FAMILY SERVICES TO THE DEPARTMENT OF MENTAL HEALTH; TO TRANSFER THE SOUTH CAROLINA COMMISSION FOR THE BLIND TO THE STATE AGENCY OF VOCATIONAL REHABILITATION; TO ABOLISH THE BOARD OF THE COMMISSION FOR THE BLIND AND TO TRANSFER ITS DUTIES TO THE STATE AGENCY FOR VOCATIONAL


Printed Page 1845 . . . . . Thursday, March 20, 2003

REHABILITATION; TO ABOLISH THE SOUTH CAROLINA MENTAL HEALTH COMMISSION AND TO TRANSFER ITS DUTIES TO THE DEPARTMENT OF MENTAL HEALTH; AND TO PROVIDE TRANSFER AND TRANSITION PROVISIONS; TO ADD ARTICLE 5 TO CHAPTER 30, TITLE 1 SO AS TO ESTABLISH THE DEPARTMENT OF INFORMATION TECHNOLOGY FOR HEALTH AND HUMAN SERVICES AGENCIES AND TO PROVIDE FOR ITS POWERS AND DUTIES, INCLUDING THE MANAGEMENT AND ADMINISTRATION FOR ALL INFORMATION TECHNOLOGIES ASSOCIATED WITH THESE AGENCIES AND THE APPROVAL OF INFORMATION TECHNOLOGIES EXPENDITURES; TO ADD CHAPTER 64 TO TITLE 2 SO AS TO ESTABLISH THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON MEDICAID AND HEALTH CARE AND TO PROVIDE FOR ITS MEMBERSHIP, FUNCTIONS, DUTIES, AND RESPONSIBILITIES INCLUDING, AMONG OTHER THINGS, TO APPROVE REORGANIZATION PLANS AND TO REVIEW THE STATE MEDICAID PLAN; TO ADD ARTICLE 8 TO CHAPTER 6, TITLE 44 SO AS TO ESTABLISH THE STATE OFFICE OF MEDICAID AND HEALTH CARE AUDITS FOR THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, TO PROVIDE THAT THE AUDIT DIRECTOR MUST BE APPOINTED BY AND UNDER THE DIRECTION OF THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON MEDICAID AND HEALTH CARE, AND TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE AUDIT DIRECTOR, INCLUDING CONDUCTING AUDITS, PREVENTING WASTE, AND PROMOTING ACCOUNTABILITY; TO ADD SECTION 12-2-100 SO AS TO REQUIRE THE DEPARTMENT OF REVENUE TO PROVIDE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ELECTRONIC ACCESS TO TAXPAYER INFORMATION TO USE IN DETERMINING MEDICAID ELIGIBILITY; TO ADD SECTION 44-6-105 SO AS TO REQUIRE THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON MEDICAID AND HEALTH CARE TO REVIEW CHANGES TO MEDICAID ELIGIBILITY REQUIREMENTS; TO ADD SECTION 44-6-108 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO REPORT TO THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON MEDICAID AND HEALTH CARE ON MEDICAID BENEFICIARIES NOT MAKING REQUIRED PAYMENTS; TO ADD SECTION 38-71-270 SO AS TO

Printed Page 1846 . . . . . Thursday, March 20, 2003

REQUIRE HEALTH INSURERS TO PROVIDE NAMES AND IDENTIFYING INFORMATION ON THEIR INSUREDS TO BE USED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES IN DETERMINING MEDICAID ELIGIBILITY; TO ADD SECTION 44-6-75 SO AS TO PROVIDE FOR A MEDICAID COST CONTAINMENT ACTION PLAN FOR THE PROJECTED EXPENDITURES FOR THE STATE MEDICAID PROGRAM FOR THE NEXT FISCAL YEAR AND TO PROVIDE FOR THE CONTENTS OF THE PLAN AND FOR ALTERNATIVE MEASURES WHEN REVENUE IS NOT SUFFICIENT TO ADEQUATELY FUND THE MEDICAID PROGRAM; TO ADD SECTION 44-6-120 SO AS TO ESTABLISH THE SOUTH CAROLINA MEDICAID MANDATORY MANAGED CARE PILOT PROGRAM TO BE IMPLEMENTED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES IN CHARLESTON, FLORENCE, GREENVILLE, HORRY, AND RICHLAND COUNTIES, AND IN ONE RURAL COUNTY TO BE DESIGNATED BY THE DEPARTMENT, FOR FIVE YEARS TO ENROLL MEDICAID RECIPIENTS IN A HEALTH MAINTENANCE ORGANIZATION OR WITH PRIMARY CARE CASE MANAGEMENT PROVIDERS AND TO INCLUDE PROVISIONS TO ENSURE COMPETITION, ACCOUNTABILITY, AND ACTUARIAL SOUNDNESS; TO ADD SECTION 44-6-125 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO IMPLEMENT A PILOT PROJECT TO EVALUATE THE VIABILITY OF PRIVATIZING THE MEDICAID ELIGIBILITY PROCESS; TO ESTABLISH THE TASK FORCE ON EMERGENCY ROOM DIVERSION TO STUDY INAPPROPRIATE EMERGENCY ROOM USE AND TO MAKE RECOMMENDATIONS TO REDUCE SUCH USE; TO ADD SECTION 44-7-75 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO CONTRACT FOR THE MANAGEMENT AND OPERATION OF CERTAIN NURSING HOMES FORMERLY UNDER THE DEPARTMENT OF MENTAL HEALTH; TO ADD SECTION 12-21-625 SO AS TO IMPOSE A SURTAX ON CIGARETTES IN AN AMOUNT EQUAL TO 2.1 CENTS PER CIGARETTE, TO CREDIT THIS TAX TO THE MEDICAID SERVICES FUND, TO PROVIDE FOR THE USE OF THESE FUNDS, AND TO FURTHER PROVIDE THAT FIFTY PERCENT OF THESE FUNDS MUST BE USED TO OFFSET REDUCTIONS IN OTHER STATE-IMPOSED TAXES AND FEES

Printed Page 1847 . . . . . Thursday, March 20, 2003

INCLUDING, BUT NOT LIMITED TO, OFFSETTING REDUCTIONS IN STATE INDIVIDUAL INCOME TAXES; TO REQUIRE THE DIRECTOR OF THE LEGISLATIVE AUDIT COUNCIL TO EMPLOY AUDITORS NECESSARY TO PERFORM AUDITS ON DEPARTMENTS AFFECTED IN THIS ACT; AND TO ADD SUBARTICLES 2, 3, AND 4 TO ARTICLE 5, CHAPTER 21, TITLE 12 SO AS TO PROVIDE FOR TAX STAMPS ON CIGARETTE PACKAGES AS INDICIA OF TAX PAYMENT, TO PROVIDE FOR ADMINISTRATIVE FINES AND FORFEITURE OF CIGARETTES FOR DEFRAUDING THE STATE OR OTHERWISE FAILING TO COMPLY WITH THE SUBARTICLE, AND TO PROVIDE FOR CRIMINAL PENALTIES INCLUDING FINES, IMPRISONMENT, LICENSE REVOCATION, AND FORFEITURE FOR DEALING IN COUNTERFEIT CIGARETTES; TO PROVIDE PROCEDURES TO PREVENT VIOLATIONS AND ASSIST ENFORCEMENT OF THE TOBACCO ESCROW FUND ACT AND ADD SAFEGUARDS TO THE COMPLIANCE WITH THE MASTER SETTLEMENT AGREEMENT, INCLUDING CERTIFIED REPORTING REQUIREMENTS FOR PARTICIPATING AND NONPARTICIPATING MANUFACTURERS, PRODUCTION OF A WEBSITE FOR PUBLIC ACCESS TO NAMES AND BRAND FAMILIES OF MANUFACTURERS MEETING THE CERTIFICATION CRITERIA, PROHIBITION OF THE APPLICATION OF TAX STAMPS TO A PRODUCT WHOSE BRAND FAMILY DOES NOT APPEAR ON THE LIST, REQUIREMENT OF SALES REPORTS BY BRAND FAMILY, PROVISION OF LICENSE REVOCATION, FINES, INJUNCTIVE RELIEF, AND FORFEITURE FOR NONCOMPLIANCE, AND MAKING NONCOMPLIANCE AN UNFAIR AND DECEPTIVE TRADE PRACTICE; TO REGULATE THE DELIVERY SALES OF CIGARETTES BY PROVIDING AGE VERIFICATION, DISCLOSURE, SHIPPING, REGISTRATION, REPORTING, AND TAX COLLECTION REQUIREMENTS IN CONNECTION WITH A CIGARETTE SALE TO A CONSUMER AS THE RESULT OF A TELECOMMUNICATED ORDER OR DELIVERY BY THE MAILS OR OTHER DELIVERY SERVICE, AND TO PROVIDE FOR FINES AND INJUNCTIVE RELIEF FOR NONCOMPLIANCE; TO AMEND SECTION 12-21-2975, RELATING TO CONFISCATED PRODUCTS DONATED TO THE DEPARTMENT OF MENTAL HEALTH FOR PATIENT USE, SO AS TO DELETE CIGARETTES; TO DESIGNATE SECTIONS 1-30-10 THROUGH 1-30-120 AS

Printed Page 1848 . . . . . Thursday, March 20, 2003

ARTICLE 1, CHAPTER 30, TITLE 1 ENTITLED "DEPARTMENTS OF STATE GOVERNMENT" AND TO DESIGNATE SECTIONS 12-21-610 THROUGH 12-21-810 AS SUBARTICLE 1, ARTICLE 5, CHAPTER 21, TITLE 12; AND TO REPEAL SECTION 12-21-2870, RELATING TO CONFISCATION AND SALE OF UNSTAMPED CIGARETTES, AND SECTION 44-9-30, RELATING TO THE SOUTH CAROLINA MENTAL HEALTH COMMISSION.

Rep. CLYBURN proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\11424AC03), which was adopted:
Amend the bill, as and if amended, Part VI, Medicaid Initiatives, by adding an appropriately numbered SECTION to read:
/SECTION   __.   Chapter 6, Title 44 of the 1976 Code is amended by adding:

"Section 44-6-112.   The department shall provide a brochure to each Medicaid recipient in easily understood language explaining the benefits a recipient is entitled to receive and those benefits a recipient is not entitled to receive./
Renumber sections to conform.
Amend title to conform.

Rep. CLYBURN explained the amendment.
The amendment was then adopted.

Rep. CLYBURN proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\11426AC03), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered Part to read:

/Part __
State Agency Relocation and Expansion

SECTION   __.   Chapter 1, Title 1 of the 1976 Code is amended by adding:

"Article 4
State Agency Relocation and Expansion

Section 1-1-210.   A state agency considering relocating or expanding must consider all statewide locations by issuing a statewide request for proposal through county economic development boards. Special consideration must be provided to those counties located in the least developed classification as provided by Section 12-6-3360. Any economic incentives provided by the county economic development board for a state agency to relocate to or expand in that county must be


Printed Page 1849 . . . . . Thursday, March 20, 2003

paid by the county to that agency. State agencies must select the most favorable location based on the needs of the agency as addressed in the request for proposal."/
Renumber sections to conform.
Amend title to conform.

Rep. CLYBURN explained the amendment.

Rep. KIRSH moved to table the amendment, which was agreed to.

Rep. LOURIE proposed the following Amendment No. 13 (Doc Name COUNCIL\NBD\11438AC03), which was tabled:
Amend the bill, as and if amended, by deleting Part XI, Tobacco Settlement Receipts and Bonds, beginning on page 3768-24, line 28 through page 3768-27, line 38 and inserting:

/Part XI
Cigarette Tax

SECTION   20.   Article 5, Chapter 21, Title 12 of the 1976 Code is amended by adding:

"Section 12-21-630.   (A)   In addition to the license tax imposed pursuant to Section 12-21-620(1), there is imposed on all cigarettes made of tobacco or any substitute for tobacco an additional license tax equal to 2.65 cents on each cigarette.

(B)   The additional license tax imposed pursuant to subsection (A) must be reported, paid, collected, and enforced in the same manner as the license tax imposed pursuant to Section 12-21-620(1).

(C)   There is created in the State Treasury the Medicaid Match Fund that is separate and distinct from the general fund of the State and all other funds. Revenue collected pursuant to this section must be credited to the Medicaid Match Fund and used by the Department of Health and Human Services as the state match for federal Medicaid funding. This fund is exempt from reductions imposed by law as a result of general fund shortfalls. Earnings on fund revenues must be credited to the fund and used for the same purposes. Revenues in the fund not expended during a fiscal year are carried forward to the succeeding fiscal year and must be used for the same purposes."/
Renumber sections to conform.
Amend title to conform.

Rep. LOURIE explained the amendment.


Printed Page 1850 . . . . . Thursday, March 20, 2003

Rep. LOURIE spoke in favor of the amendment.
Rep. QUINN spoke against the amendment.
Rep. QUINN spoke against the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. LEACH spoke against the amendment.
Rep. MACK spoke in favor of the amendment.
Rep. MACK spoke in favor of the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.

SPEAKER IN CHAIR

Rep. J. E. SMITH continued speaking.

Rep. QUINN moved cloture on the entire matter.

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 77; Nays 32

Those who voted in the affirmative are:

Altman                 Bailey                 Bales
Barfield               Battle                 Bingham
Cato                   Ceips                  Chellis
Clark                  Clemmons               Coates
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Frye                   Gilham
Hagood                 Hamilton               Harrison
Haskins                Hayes                  Herbkersman
Hinson                 Huggins                Keegan
Kirsh                  Koon                   Leach
Limehouse              Loftis                 Lucas
Mahaffey               Martin                 McGee
Merrill                Neilson                Owens
Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rhoad                  Rice                   Richardson
Sandifer               Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith

Printed Page 1851 . . . . . Thursday, March 20, 2003

J. R. Smith            W. D. Smith            Snow
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Trotter                Umphlett
Vaughn                 Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Total--77

Those who voted in the negative are:

Anthony                Bowers                 Branham
Breeland               G. Brown               J. Brown
Cobb-Hunter            Emory                  Freeman
Gourdine               Govan                  Harvin
J. Hines               M. Hines               Hosey
Jennings               Kennedy                Lee
Lloyd                  Lourie                 Mack
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Ott
Scott                  Sheheen                J. E. Smith
Weeks                  Whipper

Total--32

So, cloture was ordered.

Rep. J. H. NEAL spoke in favor of the amendment.

Rep. HARRELL moved to table the amendment.

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 71; Nays 37

Those who voted in the affirmative are:

Altman                 Barfield               Battle
Bingham                Branham                Cato
Ceips                  Chellis                Clemmons
Coates                 Cooper                 Dantzler
Davenport              Duncan                 Edge

Printed Page 1852 . . . . . Thursday, March 20, 2003

Frye                   Gilham                 Hagood
Harrell                Harrison               Haskins
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Huggins
Keegan                 Kennedy                Kirsh
Koon                   Leach                  Littlejohn
Loftis                 Lucas                  Mahaffey
Martin                 McGee                  Merrill
Miller                 Ott                    Owens
Perry                  Pinson                 M. A. Pitts
Quinn                  Rice                   Richardson
Sandifer               Scarborough            Simrill
Skelton                J. R. Smith            W. D. Smith
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
White                  Whitmire               Wilkins
Witherspoon            Young

Total--71

Those who voted in the negative are:

Anthony                Bales                  Bowers
Breeland               G. Brown               J. Brown
Clyburn                Cobb-Hunter            Coleman
Cotty                  Delleney               Emory
Freeman                Gourdine               Govan
Harvin                 Hosey                  Howard
Jennings               Lee                    Limehouse
Lloyd                  Lourie                 Mack
McLeod                 Moody-Lawrence         J. H. Neal
J. M. Neal             Phillips               E. H. Pitts
Scott                  Sheheen                D. C. Smith
G. M. Smith            J. E. Smith            Walker
Whipper

Total--37

So, the amendment was tabled.


Printed Page 1853 . . . . . Thursday, March 20, 2003

RECORD FOR VOTING

I was temporarily meeting with constituents outside the Chamber and would have voted to table the amendment which would have allowed cigarette taxes.
Rep. Denny W. Neilson

Rep. RICE proposed the following Amendment No. 14 (Doc Name COUNCIL\PT\1448MM03), which was adopted:
Amend the bill, as and if amended, Section 11-11-170(B)(5) as found in SECTION 21, page 3768-27, line 26, by inserting after /Title 11./ the following:
/ Any resolution to refund or purchase bonds pursuant to this item must include a requirement that the Authority use a competitive bid process to effectuate the refund or purchase of bonds issued pursuant to Chapter 49 of Title 11. /
Renumber sections to conform.
Amend title to conform.

Rep. RICE explained the amendment.
The amendment was then adopted.

Rep. J. E. SMITH proposed the following Amendment No. 15 (Doc Name COUNCIL\DKA\3352DW03), which was tabled:
Amend the report of the Committee on Ways and Means, as and if amended, dated March 18, 2003, bearing document number COUNCIL\GGS\22994AC03, Part II, by striking SECTION 2 in its entirety.
Renumber sections to conform.
Amend title to conform.

Rep. HARRELL moved to table the amendment, which was agreed to.

Rep. J. E. SMITH proposed the following Amendment No. 16 (Doc Name COUNCIL\DKA\3365DW03), which was tabled:
Amend the report of the Committee on Ways and Means, as and if amended, dated March 18, 2003, bearing document number COUNCIL\GGS\22994AC03, Part IV, by striking in its entirety Section 2-64-10, as contained in SECTION 4, and inserting:
/ Section 2-64-10.   There is established the Joint Legislative Oversight Committee on Medicaid and Health Care composed of seven


Printed Page 1854 . . . . . Thursday, March 20, 2003

members, three of whom must be members of the Senate, with two members appointed by the Chairman of the Senate Finance Committee and one member appointed by the Senate Minority Leader, three of whom must be members of the House of Representatives, with two members appointed by the Chairman of the House Ways and Means Committee and one member appointed by the House of Representatives Minority Leader, and one of whom shall be the Governor or the Governor's appointee. The committee shall elect a chairman and vice chairman. /
Renumber parts and sections to conform.
Amend title to conform.

Rep. HARRELL moved to table the amendment.

Rep. J. E. SMITH demanded the yeas and nays, which were not ordered.

The amendment was tabled.

Rep. J. E. SMITH proposed the following Amendment No. 17 (Doc Name COUNCIL\DKA\3353DW03), which was tabled:
Amend the report of the Committee on Ways and Means, as and if amended, dated March 18, 2003, bearing document number COUNCIL\GGS\22994AC03, Part III, Section 1-30-520(A), as contained in SECTION 3, by striking item (2) in its entirety and inserting:
/ (2)   Department of Health and Human Services, including the Office of Children's Services; /.
Renumber sections to conform.
Amend title to conform.

Rep. HARRELL moved to table the amendment.

Rep. SHEHEEN demanded the yeas and nays which were taken, resulting as follows:

Yeas 72; Nays 32

Those who voted in the affirmative are:

Altman                 Bailey                 Barfield
Battle                 Bingham                Cato
Ceips                  Chellis                Clark

Printed Page 1855 . . . . . Thursday, March 20, 2003

Clemmons               Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Frye
Gilham                 Hagood                 Hamilton
Harrell                Harrison               Haskins
Hayes                  Herbkersman            Hinson
Huggins                Keegan                 Kennedy
Kirsh                  Koon                   Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               McGee
Merrill                Owens                  Perry
Pinson                 E. H. Pitts            Quinn
Rice                   Richardson             Sandifer
Scarborough            Simrill                Skelton
D. C. Smith            G. M. Smith            J. R. Smith
W. D. Smith            Stewart                Stille
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Viers                  White                  Whitmire
Wilkins                Witherspoon            Young

Total--72

Those who voted in the negative are:

Anthony                Bowers                 Branham
Breeland               J. Brown               Clyburn
Cobb-Hunter            Emory                  Freeman
Gourdine               Govan                  Harvin
J. Hines               M. Hines               Hosey
Howard                 Jennings               Lee
Lloyd                  Lourie                 Mack
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Ott
Phillips               Scott                  Sheheen
J. E. Smith            Whipper

Total--32

So, the amendment was tabled.


Printed Page 1856 . . . . . Thursday, March 20, 2003

Rep. J. E. SMITH proposed the following Amendment No. 18 (Doc Name COUNCIL\DKA\3354DW03), which was tabled:
Amend the report of the Committee on Ways and Means, as and if amended, dated March 18, 2003, bearing document number COUNCIL\GGS\22994AC03, Part III, Section 1-30-520(A), as contained in SECTION 3, by striking item (4) in its entirety.
Renumber items to conform.
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.

Rep. LOFTIS moved to table the amendment.

Rep. LOURIE demanded the yeas and nays which were taken, resulting as follows:

Yeas 70; Nays 29

Those who voted in the affirmative are:

Altman                 Barfield               Battle
Ceips                  Chellis                Clark
Clemmons               Cooper                 Cotty
Dantzler               Delleney               Edge
Frye                   Gilham                 Hagood
Hamilton               Harrell                Harrison
Haskins                Herbkersman            Hinson
Huggins                Keegan                 Kirsh
Koon                   Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Mahaffey               Martin                 McGee
Merrill                Neilson                Owens
Perry                  E. H. Pitts            M. A. Pitts
Quinn                  Rhoad                  Rice
Richardson             Sandifer               Scarborough
Sheheen                Simrill                Skelton
D. C. Smith            G. M. Smith            J. R. Smith
W. D. Smith            Snow                   Stewart
Stille                 Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  White

Printed Page 1857 . . . . . Thursday, March 20, 2003

Whitmire               Wilkins                Witherspoon
Young

Total--70

Those who voted in the negative are:

Anthony                Bales                  Bowers
Branham                Breeland               G. Brown
J. Brown               Clyburn                Cobb-Hunter
Emory                  Freeman                Gourdine
Govan                  Hayes                  J. Hines
M. Hines               Hosey                  Jennings
Lee                    Lloyd                  Lourie
Mack                   McLeod                 Miller
J. M. Neal             Ott                    Phillips
J. E. Smith            Whipper

Total--29

So, the amendment was tabled.

LEAVE OF ABSENCE

The SPEAKER granted Rep. M. HINES a leave of absence for the remainder of the day.

Rep. J. E. SMITH proposed the following Amendment No. 19 (Doc Name COUNCIL\DKA\3355DW03), which was tabled:
Amend the report of the Committee on Ways and Means, as and if amended, dated March 18, 2003, bearing document number COUNCIL\GGS\22994AC03, Part III, Section 1-30-520(A), as contained in SECTION 3, by striking item (5) in its entirety.
Renumber items to conform.
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.

Rep. HARRELL spoke against the amendment.

Rep. HARRELL moved to table the amendment.


Printed Page 1858 . . . . . Thursday, March 20, 2003

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 76; Nays 33

Those who voted in the affirmative are:

Altman                 Bailey                 Barfield
Battle                 Bingham                Cato
Ceips                  Chellis                Clark
Clemmons               Cooper                 Cotty
Davenport              Delleney               Duncan
Edge                   Frye                   Gilham
Hagood                 Hamilton               Harrell
Harrison               Haskins                Herbkersman
Hinson                 Huggins                Keegan
Kennedy                Kirsh                  Koon
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Mahaffey
Martin                 McGee                  Merrill
Neilson                Owens                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rhoad                  Rice
Richardson             Sandifer               Scarborough
Simrill                Skelton                D. C. Smith
G. M. Smith            J. R. Smith            W. D. Smith
Snow                   Stewart                Stille
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Total--76

Those who voted in the negative are:

Anthony                Bales                  Bowers
Branham                Breeland               G. Brown
J. Brown               Clyburn                Cobb-Hunter
Coleman                Emory                  Freeman
Govan                  Harvin                 J. Hines
Hosey                  Jennings               Lee

Printed Page 1859 . . . . . Thursday, March 20, 2003

Lloyd                  Lourie                 Mack
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Ott
Phillips               Scott                  Sheheen
J. E. Smith            Weeks                  Whipper

Total--33

So, the amendment was tabled.

Rep. J. E. SMITH proposed the following Amendment No. 20 (Doc Name COUNCIL\DKA\3356DW03), which was tabled:
Amend the report of the Committee on Ways and Means, as and if amended, dated March 18, 2003, bearing document number COUNCIL\GGS\22994AC03, Part III, Section 1-30-520(A), as contained in SECTION 3, by striking item (6) in its entirety.
Renumber items to conform.
Renumber sections to conform.
Amend title to conform.

Rep. JENNINGS spoke in favor of the amendment.

Rep. EDGE moved to table the amendment.

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 74; Nays 32

Those who voted in the affirmative are:

Altman                 Barfield               Battle
Bingham                Cato                   Ceips
Chellis                Clark                  Clemmons
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Frye                   Gilham
Hagood                 Hamilton               Harrell
Harrison               Haskins                Hayes
Herbkersman            Hinson                 Huggins
Keegan                 Kennedy                Kirsh
Koon                   Leach                  Limehouse
Littlejohn             Loftis                 Lucas

Printed Page 1860 . . . . . Thursday, March 20, 2003

Mahaffey               McGee                  Merrill
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rice                   Richardson             Sandifer
Scarborough            Sheheen                Simrill
Skelton                D. C. Smith            J. R. Smith
W. D. Smith            Snow                   Stewart
Stille                 Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Total--74

Those who voted in the negative are:

Anthony                Bailey                 Bales
Branham                Breeland               G. Brown
Clyburn                Cobb-Hunter            Coleman
Emory                  Freeman                Gourdine
Govan                  Harvin                 J. Hines
Hosey                  Jennings               Lee
Lloyd                  Lourie                 Mack
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Ott
Phillips               Scott                  J. E. Smith
Weeks                  Whipper

Total--32

So, the amendment was tabled.

SPEAKER PRO TEMPORE IN CHAIR

Rep. J. E. SMITH proposed the following Amendment No. 21 (Doc Name COUNCIL\DKA\3357DW03), which was tabled:
Amend the report of the Committee on Ways and Means, as and if amended, dated March 18, 2003, bearing document number COUNCIL\GGS\22994AC03, Part V, Section 44-6-1010(B), as contained in SECTION 5, by striking item (4) in its entirety.


Printed Page 1861 . . . . . Thursday, March 20, 2003

Renumber items to conform.
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.

Rep. TRIPP moved to table the amendment.

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 72; Nays 29

Those who voted in the affirmative are:

Altman                 Bailey                 Barfield
Battle                 Bingham                Cato
Ceips                  Chellis                Clark
Clemmons               Cooper                 Cotty
Davenport              Delleney               Duncan
Edge                   Frye                   Gilham
Hagood                 Hamilton               Harrell
Harrison               Haskins                Herbkersman
Hinson                 Huggins                Keegan
Kirsh                  Koon                   Leach
Limehouse              Littlejohn             Lucas
Mahaffey               Martin                 McGee
Merrill                Owens                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rhoad                  Rice
Richardson             Sandifer               Scarborough
Simrill                Skelton                D. C. Smith
G. M. Smith            J. R. Smith            W. D. Smith
Snow                   Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Total--72


Printed Page 1862 . . . . . Thursday, March 20, 2003

Those who voted in the negative are:
Bales                  Breeland               G. Brown
Clyburn                Cobb-Hunter            Coleman
Emory                  Freeman                Govan
Hayes                  J. Hines               Hosey
Howard                 Jennings               Lee
Lloyd                  Lourie                 Mack
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             Ott                    Phillips
Scott                  Sheheen                J. E. Smith
Weeks                  Whipper

Total--29

So, the amendment was tabled.

Rep. J. E. SMITH proposed the following Amendment No. 22 (Doc Name COUNCIL\DKA\3358DW03), which was tabled:
Amend the report of the Committee on Ways and Means, as and if amended, dated March 18, 2003, bearing document number COUNCIL\GGS\22994AC03, Part V, Section 44-6-1010(B), as contained in SECTION 5, by striking item (5) in its entirety.
Renumber items to conform.
Renumber sections to conform.
Amend title to conform.

Rep. JENNINGS explained the amendment.

Rep. ALTMAN moved to table the amendment.

Rep. J. H. NEAL demanded the yeas and nays which were taken, resulting as follows:

Yeas 69; Nays 28

Those who voted in the affirmative are:

Altman                 Bailey                 Barfield
Battle                 Bingham                Cato
Ceips                  Chellis                Clark
Clemmons               Cooper                 Cotty
Davenport              Delleney               Duncan
Edge                   Frye                   Gilham

Printed Page 1863 . . . . . Thursday, March 20, 2003

Hagood                 Hamilton               Harrell
Harrison               Harvin                 Haskins
Herbkersman            Hinson                 Huggins
Keegan                 Kirsh                  Koon
Leach                  Limehouse              Loftis
Lucas                  Mahaffey               Martin
Merrill                Owens                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rhoad                  Rice
Richardson             Sandifer               Scarborough
Simrill                Skelton                D. C. Smith
G. M. Smith            J. R. Smith            W. D. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Witherspoon            Young

Total--69

Those who voted in the negative are:

Anthony                Bales                  Branham
Breeland               G. Brown               J. Brown
R. Brown               Clyburn                Cobb-Hunter
Coleman                Emory                  Freeman
Govan                  J. Hines               Hosey
Jennings               Kennedy                Lee
Lloyd                  Lourie                 Mack
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             Scott                  Weeks
Whipper

Total--28

So, the amendment was tabled.

Rep. J. E. SMITH proposed the following Amendment No. 23 (Doc Name COUNCIL\DKA\3359DW02), which was tabled:
Amend the report of the Committee on Ways and Means, as and if amended, dated March 18, 2003, bearing document number


Printed Page 1864 . . . . . Thursday, March 20, 2003

COUNCIL\GGS\22994AC03, Part V, Section 44-6-1010(B), as contained in SECTION 5, by striking item (6) in its entirety.
Renumber items to conform.
Renumber sections to conform.
Amend title to conform.

Rep. JENNINGS explained the amendment.

Rep. MERRILL moved to table the amendment.

Rep. MOODY-LAWRENCE demanded the yeas and nays which were taken, resulting as follows:

Yeas 68; Nays 25

Those who voted in the affirmative are:

Altman                 Barfield               Bingham
Cato                   Ceips                  Chellis
Clark                  Clemmons               Coates
Cooper                 Cotty                  Davenport
Delleney               Duncan                 Frye
Gilham                 Hagood                 Hamilton
Harrell                Harrison               Haskins
Hinson                 Huggins                Keegan
Kirsh                  Koon                   Leach
Limehouse              Loftis                 Lucas
Mahaffey               Martin                 McGee
Merrill                Neilson                Owens
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rhoad
Rice                   Richardson             Sandifer
Scarborough            Simrill                Skelton
D. C. Smith            G. M. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
White                  Whitmire               Wilkins
Witherspoon            Young

Total--68


Printed Page 1865 . . . . . Thursday, March 20, 2003

Those who voted in the negative are:
Anthony                Breeland               J. Brown
R. Brown               Clyburn                Cobb-Hunter
Coleman                Freeman                Gourdine
Govan                  J. Hines               Hosey
Jennings               Lee                    Lloyd
Mack                   McLeod                 Miller
Moody-Lawrence         J. H. Neal             Scott
Sheheen                J. E. Smith            Weeks
Whipper

Total--25

So, the amendment was tabled.

SPEAKER IN CHAIR

STATEMENT BY REP. HARRELL

Rep. HARRELL gave notice of offering amendments on third reading if necessary, pursuant to Rule 9.2.

Rep. QUINN proposed the following Amendment No. 145 (Doc Name COUNCIL\PT\1451MM03), which was adopted:
Amend the bill, as and if amended, Section 44-6-120(A) as found in SECTION 11B, page 3768-15, line 7, by deleting /June/ and inserting / January /
Renumber sections to conform.
Amend title to conform.

Rep. QUINN explained the amendment.
The amendment was then adopted.

Rep. G. M. SMITH proposed the following Amendment No. 146 (Doc Name COUNCIL\GJK\20418SD03), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION   _____.   Section 20-7-9525 of the 1976 Code, as added by Act 102 of 1995, is amended by adding a new subsection appropriately numbered to read:


Printed Page 1866 . . . . . Thursday, March 20, 2003

"( )   The division at the negotiation conference must also require the following from the obligor in connection with any health insurance coverage of the obligor:

(1)   a written certification from the obligor's employer that the employer provides no health insurance coverage to the obligor or the obligor's dependent children or that such coverage is not available through that employer;

(2)   if the obligor is not the custodial parent of his or her child or children, written certification from the employer of the custodial parent that the employer does not provide health insurance coverage to the obligor or the obligor's dependent children or that such coverage is not available through that employer;

(3)   if the obligor is a single parent, a written certification from the employer of any person required by a court of competent jurisdiction to provide support for the obligor or the obligor's dependent children that the employer does not provide health insurance coverage to the obligor or his or her dependent children or that such coverage is not available through that employer." /
Renumber sections to conform.
Amend title to conform.

Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.

Rep. GOVAN proposed the following Amendment No. 148 (Doc Name COUNCIL\NBD\11450AC03), which was tabled:
Amend the bill, as and if amended, Section 44-6-1020, page 3768-12, after line 5 by inserting /(9)   utilize resources of the Department of Health and Human Services both within and external to the department including, but not limited to, contracting with other entities for the purpose of expanding program integrity efforts and maximizing the ability to detect and eliminate provider fraud./
Amend the bill further, by deleting Part XI, Tobacco Settlement Receipts and Bonds, beginning on page 3768-24, line 28 through page 3768-27, line 38 and inserting:

/Part XI
Cigarette Tax

SECTION   20.   Article 5, Chapter 21, Title 12 of the 1976 Code is amended by adding:

"Section 12-21-630.   (A)   In addition to the license tax imposed pursuant to Section 12-21-620(1), there is imposed on all cigarettes


Printed Page 1867 . . . . . Thursday, March 20, 2003

made of tobacco or any substitute for tobacco an additional license tax equal to 2.65 cents on each cigarette.

(B)   The additional license tax imposed pursuant to subsection (A) must be reported, paid, collected, and enforced in the same manner as the license tax imposed pursuant to Section 12-21-620(1).

(C)   There is created in the State Treasury the Medicaid Match Fund that is separate and distinct from the general fund of the State and all other funds. Revenue collected pursuant to this section must be credited to the Medicaid Match Fund and used by the Department of Health and Human Services as the state match for federal Medicaid funding. This fund is exempt from reductions imposed by law as a result of general fund shortfalls. Earnings on fund revenues must be credited to the fund and used for the same purposes. Revenues in the fund not expended during a fiscal year are carried forward to the succeeding fiscal year and must be used for the same purposes."/
Renumber sections to conform.
Amend title to conform.

Rep. GOVAN explained the amendment.

Rep. QUINN moved to table the amendment.

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 68; Nays 29

Those who voted in the affirmative are:

Altman                 Barfield               Battle
Bingham                Cato                   Ceips
Chellis                Clark                  Clemmons
Coates                 Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Frye
Gilham                 Hagood                 Harrell
Harrison               Herbkersman            Hinson
Huggins                Keegan                 Kennedy
Kirsh                  Leach                  Limehouse
Loftis                 Lucas                  Mahaffey
Martin                 McGee                  Merrill
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Quinn

Printed Page 1868 . . . . . Thursday, March 20, 2003

Rice                   Richardson             Sandifer
Scarborough            Simrill                Skelton
D. C. Smith            G. M. Smith            J. R. Smith
W. D. Smith            Stewart                Stille
Talley                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 White                  Wilkins
Witherspoon            Young

Total--68

Those who voted in the negative are:

Anthony                Bales                  Branham
R. Brown               Clyburn                Emory
Freeman                Govan                  Hayes
J. Hines               Hosey                  Howard
Jennings               Lee                    Lloyd
Lourie                 Mack                   McLeod
Moody-Lawrence         J. H. Neal             Neilson
Ott                    Parks                  Rhoad
Scott                  Sheheen                J. E. Smith
Weeks                  Whipper

Total--29

So, the amendment was tabled.

Rep. BATTLE proposed the following Amendment No. 794 (Doc Name COUNCIL\NBD\11425AC03), which was adopted:
Amend the bill, as and if amended, Part VI, Medicaid Initiatives, by adding an appropriately numbered SECTION to read:
/SECTION   __.   Article 1, Chapter 6, Title 44 of the 1976 Code is amended by adding:

"Section 44-6-117.   (A)   If a recipient of Medicaid Benefits, or a recipient's agent, reports to the Department of Health and Human Services an error in any Medicaid billing or the commission of fraud in the provision of Medicaid services, the department, upon determination that the error was intentional or that fraud was committed shall pay a reward to the Medicaid recipient, or the recipient's agent, in an amount


Printed Page 1869 . . . . . Thursday, March 20, 2003

equal to one-half the state funds recovered due to the error or fraud up to five hundred dollars.

(B)   The department shall print a statement on all billing forms and provider publications in bold print in a size easily read stating:
'You may receive a reward of one-half the state funds recovered up to five hundred dollars if you report an error in Medicaid billing or the commission of fraud in the provision of Medicaid services'."
Renumber sections to conform.
Amend title to conform.

Rep. BATTLE explained the amendment.
The amendment was then adopted.

Rep. SCOTT proposed the following Amendment No. 795 (Doc Name COUNCIL\PT\1452MM03), which was adopted:
Amend the bill, as and if amended, Part VI, Medicaid Initiatives, beginning on page 3768-13, line 12, by adding an appropriately numbered SECTION to read:
/ SECTION   ___.   By December 1, 2003, the Department of Transportation must convene a mobility development study committee of health and human agencies which must submit a statewide plan to the Joint Legislative Committee on Medicaid and Health Care for improving the coordination of public transportation services. /
Renumber sections to conform.
Amend title to conform.

Rep. SCOTT explained the amendment.
The amendment was then adopted.

Reps. HARRELL, WILKINS and QUINN proposed the following Amendment No. 796 (Doc Name COUNCIL\GJK\20413SD03):
Amend the bill, as and if amended, by striking beginning on line 41 of page 3 of the title / TO ADD SECTION 12-21-625 SO AS TO IMPOSE A SURTAX ON CIGARETTES IN AN AMOUNT EQUAL TO 2.1 CENTS PER CIGARETTE, TO CREDIT THIS TAX TO THE MEDICAID SERVICES FUND, TO PROVIDE FOR THE USE OF THESE FUNDS, AND TO FURTHER PROVIDE THAT FIFTY PERCENT OF THESE FUNDS MUST BE USED TO OFFSET REDUCTIONS IN OTHER STATE-IMPOSED TAXES AND FEES INCLUDING, BUT NOT LIMITED TO, OFFSETTING REDUCTIONS IN STATE INDIVIDUAL INCOME TAXES; TO


Printed Page 1870 . . . . . Thursday, March 20, 2003

REQUIRE THE DIRECTOR OF THE LEGISLATIVE AUDIT COUNCIL TO EMPLOY AUDITORS NECESSARY TO PERFORM AUDITS ON DEPARTMENTS AFFECTED IN THIS ACT; AND TO ADD SUBARTICLES 2, 3, AND 4 TO ARTICLE 5, CHAPTER 21, TITLE 12 SO AS TO PROVIDE FOR TAX STAMPS ON CIGARETTE PACKAGES AS INDICIA OF TAX PAYMENT, TO PROVIDE FOR ADMINISTRATIVE FINES AND FORFEITURE OF CIGARETTES FOR DEFRAUDING THE STATE OR OTHERWISE FAILING TO COMPLY WITH THE SUBARTICLE, AND TO PROVIDE FOR CRIMINAL PENALTIES INCLUDING FINES, IMPRISONMENT, LICENSE REVOCATION, AND FORFEITURE FOR DEALING IN COUNTERFEIT CIGARETTES; TO PROVIDE PROCEDURES TO PREVENT VIOLATIONS AND ASSIST ENFORCEMENT OF THE TOBACCO ESCROW FUND ACT AND ADD SAFEGUARDS TO THE COMPLIANCE WITH THE MASTER SETTLEMENT AGREEMENT, INCLUDING CERTIFIED REPORTING REQUIREMENTS FOR PARTICIPATING AND NONPARTICIPATING MANUFACTURERS, PRODUCTION OF A WEBSITE FOR PUBLIC ACCESS TO NAMES AND BRAND FAMILIES OF MANUFACTURERS MEETING THE CERTIFICATION CRITERIA, PROHIBITION OF THE APPLICATION OF TAX STAMPS TO A PRODUCT WHOSE BRAND FAMILY DOES NOT APPEAR ON THE LIST, REQUIREMENT OF SALES REPORTS BY BRAND FAMILY, PROVISION OF LICENSE REVOCATION, FINES, INJUNCTIVE RELIEF, AND FORFEITURE FOR NONCOMPLIANCE, AND MAKING NONCOMPLIANCE AN UNFAIR AND DECEPTIVE TRADE PRACTICE; TO REGULATE THE DELIVERY SALES OF CIGARETTES BY PROVIDING AGE VERIFICATION, DISCLOSURE, SHIPPING, REGISTRATION, REPORTING, AND TAX COLLECTION REQUIREMENTS IN CONNECTION WITH A CIGARETTE SALE TO A CONSUMER AS THE RESULT OF A TELECOMMUNICATED ORDER OR DELIVERY BY THE MAILS OR OTHER DELIVERY SERVICE, AND TO PROVIDE FOR FINES AND INJUNCTIVE RELIEF FOR NONCOMPLIANCE; TO AMEND SECTION 12-21-2975, RELATING TO CONFISCATED PRODUCTS DONATED TO THE DEPARTMENT OF MENTAL HEALTH FOR PATIENT USE, SO AS TO DELETE CIGARETTES; /
Amend further, as and if amended, by striking beginning on line 8, page 5 of the title / TO DESIGNATE SECTIONS 12-21-610

Printed Page 1871 . . . . . Thursday, March 20, 2003

THROUGH 12-21-810 AS SUBARTICLE 1, ARTICLE 5, CHAPTER 21, TITLE 12; AND TO REPEAL SECTION 12-21-2870, RELATING TO CONFISCATION AND SALE OF UNSTAMPED CIGARETTES, AND / and inserting /TO REPEAL /
Renumber sections to conform.
Amend title to conform.

Rep. HARRELL moved to adjourn debate on the amendment, which was agreed to.

Rep. J. E. SMITH proposed the following Amendment No. 4 (Doc Name COUNCIL\NBD\11434AC03):
Amend the bill, as and if amended, Part VI Medicaid Initiatives, by adding an appropriately numbered SECTION to read:
/SECTION   __.   Article 1, Chapter 6, Title 44 of the 1976 Code is amended by adding:

"Section 44-6-85.   Notwithstanding any other provision of law, the Department of Health and Human Services shall develop a medical management program which must include, but is not limited to, requiring Medicaid beneficiaries to choose a medical home provider./
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH moved to adjourn debate on the amendment, which was agreed to.

Rep. J. E. SMITH proposed the following Amendment No. 5 (Doc Name COUNCIL\NBD\11449AC03), which was adopted:
Amend the bill, as and if amended, Section 44-6-1020, page 3768-12, after line 5 by inserting /(9)   utilize resources of the Department of Health and Human Services both within and external to the department including, but not limited to, contracting with other entities for the purpose of expanding program integrity efforts and maximizing the ability to detect and eliminate provider fraud./
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.
The amendment was then adopted.


Printed Page 1872 . . . . . Thursday, March 20, 2003

Rep. SHEHEEN proposed the following Amendment No. 7 (Doc Name COUNCIL\PT\1444MM03), which was tabled:
Amend the bill, as and if amended, SECTION 9, beginning on page 3768-13, line 42, and ending on page 3768-14, line 8, by deleting the SECTION in its entirety.
Renumber sections to conform.
Amend title to conform.

Rep. SHEHEEN explained the amendment.

Rep. QUINN moved to table the amendment, which was agreed to.

Rep. Jennings proposed the following Amendment No. 9 (Doc Name COUNCIL\NBD\11444AC03), which was adopted:
Amend the bill, as and if amended, by deleting Section 2-64-10, on page 3768-9, lines 12 through 20 and inserting:
/Section 2-64-10.   There is established the Joint Legislative Oversight Committee on Medicaid and Health Care composed of seven members: three of whom must be members of the Senate appointed by the Chairman of the Senate Finance Committee, one of which must be a member of the minority party; three of whom must be members of the House of Representatives appointed by the Chairman of the House Ways and Means Committee, one of which must be a member of the minority party; and one of whom must be the Governor or the Governor's appointee. The committee shall elect a chairman and vice chairman./
Renumber sections to conform.
Amend title to conform.

Rep. JENNINGS explained the amendment.
The amendment was then adopted.

Rep. J. E. SMITH proposed the following Amendment No. 4 (Doc Name COUNCIL\NBD\11434AC03), which was adopted:
Amend the bill, as and if amended, Part VI Medicaid Initiatives, by adding an appropriately numbered SECTION to read:
/SECTION   __.   Article 1, Chapter 6, Title 44 of the 1976 Code is amended by adding:

"Section 44-6-85.   Notwithstanding any other provision of law, the Department of Health and Human Services may develop a medical


Printed Page 1873 . . . . . Thursday, March 20, 2003

management program which may include, but is not limited to, requiring Medicaid beneficiaries to choose a medical home provider./
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.
The amendment was then adopted.

Reps. HARRELL, WILKINS and QUINN proposed the following Amendment No. 796 (Doc Name COUNCIL\GJK\20413SD03), which was tabled:
Amend the bill, as and if amended, by striking beginning on line 41 of page 3 of the title / TO ADD SECTION 12-21-625 SO AS TO IMPOSE A SURTAX ON CIGARETTES IN AN AMOUNT EQUAL TO 2.1 CENTS PER CIGARETTE, TO CREDIT THIS TAX TO THE MEDICAID SERVICES FUND, TO PROVIDE FOR THE USE OF THESE FUNDS, AND TO FURTHER PROVIDE THAT FIFTY PERCENT OF THESE FUNDS MUST BE USED TO OFFSET REDUCTIONS IN OTHER STATE-IMPOSED TAXES AND FEES INCLUDING, BUT NOT LIMITED TO, OFFSETTING REDUCTIONS IN STATE INDIVIDUAL INCOME TAXES; TO REQUIRE THE DIRECTOR OF THE LEGISLATIVE AUDIT COUNCIL TO EMPLOY AUDITORS NECESSARY TO PERFORM AUDITS ON DEPARTMENTS AFFECTED IN THIS ACT; AND TO ADD SUBARTICLES 2, 3, AND 4 TO ARTICLE 5, CHAPTER 21, TITLE 12 SO AS TO PROVIDE FOR TAX STAMPS ON CIGARETTE PACKAGES AS INDICIA OF TAX PAYMENT, TO PROVIDE FOR ADMINISTRATIVE FINES AND FORFEITURE OF CIGARETTES FOR DEFRAUDING THE STATE OR OTHERWISE FAILING TO COMPLY WITH THE SUBARTICLE, AND TO PROVIDE FOR CRIMINAL PENALTIES INCLUDING FINES, IMPRISONMENT, LICENSE REVOCATION, AND FORFEITURE FOR DEALING IN COUNTERFEIT CIGARETTES; TO PROVIDE PROCEDURES TO PREVENT VIOLATIONS AND ASSIST ENFORCEMENT OF THE TOBACCO ESCROW FUND ACT AND ADD SAFEGUARDS TO THE COMPLIANCE WITH THE MASTER SETTLEMENT AGREEMENT, INCLUDING CERTIFIED REPORTING REQUIREMENTS FOR PARTICIPATING AND NONPARTICIPATING MANUFACTURERS, PRODUCTION OF A WEBSITE FOR PUBLIC ACCESS TO NAMES AND BRAND FAMILIES OF MANUFACTURERS MEETING THE


Printed Page 1874 . . . . . Thursday, March 20, 2003

CERTIFICATION CRITERIA, PROHIBITION OF THE APPLICATION OF TAX STAMPS TO A PRODUCT WHOSE BRAND FAMILY DOES NOT APPEAR ON THE LIST, REQUIREMENT OF SALES REPORTS BY BRAND FAMILY, PROVISION OF LICENSE REVOCATION, FINES, INJUNCTIVE RELIEF, AND FORFEITURE FOR NONCOMPLIANCE, AND MAKING NONCOMPLIANCE AN UNFAIR AND DECEPTIVE TRADE PRACTICE; TO REGULATE THE DELIVERY SALES OF CIGARETTES BY PROVIDING AGE VERIFICATION, DISCLOSURE, SHIPPING, REGISTRATION, REPORTING, AND TAX COLLECTION REQUIREMENTS IN CONNECTION WITH A CIGARETTE SALE TO A CONSUMER AS THE RESULT OF A TELECOMMUNICATED ORDER OR DELIVERY BY THE MAILS OR OTHER DELIVERY SERVICE, AND TO PROVIDE FOR FINES AND INJUNCTIVE RELIEF FOR NONCOMPLIANCE; TO AMEND SECTION 12-21-2975, RELATING TO CONFISCATED PRODUCTS DONATED TO THE DEPARTMENT OF MENTAL HEALTH FOR PATIENT USE, SO AS TO DELETE CIGARETTES;/

Amend further, as and if amended, by striking beginning on line 8, page 5 of the title / TO DESIGNATE SECTIONS 12-21-610 THROUGH 12-21-810 AS SUBARTICLE 1, ARTICLE 5, CHAPTER 21, TITLE 12; AND TO REPEAL SECTION 12-21-2870, RELATING TO CONFISCATION AND SALE OF UNSTAMPED CIGARETTES, AND / and inserting /TO REPEAL /
Renumber sections to conform.
Amend title to conform.

Rep. HARRELL explained the amendment.

Rep. HARRELL moved to table the amendment, which was agreed to.

Rep. J. H. NEAL spoke against the Bill.
Rep. MACK spoke against the Bill.
Rep. GOVAN spoke against the Bill.
Rep. J. E. SMITH spoke against the Bill.
Rep. KIRSH spoke in favor of the Bill.
Rep. COLEMAN spoke against the Bill.
Rep. RIVERS spoke against the Bill.


Printed Page 1875 . . . . . Thursday, March 20, 2003

The question then recurred to the passage of the Bill, as amended, on second reading.

Rep. SANDIFER demanded the yeas and nays which were taken, resulting as follows:

Yeas 79; Nays 35

Those who voted in the affirmative are:

Altman                 Bailey                 Barfield
Battle                 Bingham                Cato
Ceips                  Chellis                Clark
Clemmons               Coates                 Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Edge
Frye                   Gilham                 Hagood
Hamilton               Harrell                Harrison
Haskins                Hayes                  Herbkersman
Hinson                 Huggins                Keegan
Kennedy                Kirsh                  Koon
Leach                  Limehouse              Loftis
Lucas                  Mahaffey               Martin
McGee                  Merrill                Miller
Neilson                Owens                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rhoad                  Rice
Richardson             Sandifer               Scarborough
Simrill                Skelton                D. C. Smith
G. M. Smith            J. R. Smith            W. D. Smith
Snow                   Stewart                Stille
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Total--79

Those who voted in the negative are:

Anthony                Bales                  Branham
Breeland               G. Brown               J. Brown

Printed Page 1876 . . . . . Thursday, March 20, 2003

R. Brown               Clyburn                Cobb-Hunter
Coleman                Emory                  Freeman
Gourdine               Govan                  Harvin
J. Hines               Hosey                  Jennings
Lee                    Lloyd                  Lourie
Mack                   McLeod                 Moody-Lawrence
J. H. Neal             J. M. Neal             Ott
Parks                  Rivers                 Rutherford
Scott                  Sheheen                J. E. Smith
Weeks                  Whipper

Total--35

So, the Bill, as amended, was read the second time and ordered to third reading.

RECORD FOR VOTING

I was temporarily out of the Chamber. I would have voted against the Bill.

Rep. Leon Howard

H. 3768--MOTION TO RECONSIDER TABLED

Rep. QUINN moved to reconsider the vote whereby H. 3768 (Word version) was given a second reading.

Rep. HARRELL moved to table the motion to reconsider, which was agreed to.

Rep. TROTTER moved that the House do now adjourn, which was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3204 (Word version) -- Reps. Lucas and Freeman: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE THAT CROSSES THE LYNCHES RIVER ALONG UNITED STATES HIGHWAY 1 IN HONOR OF JUDGE CHARLES H. "CORKEY" PATE AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE


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BRIDGE CONTAINING THE WORDS "CHARLES H. 'CORKEY' PATE BRIDGE".

H. 3814 (Word version) -- Reps. W. D. Smith, Delleney, F. N. Smith, Wilkins, Witherspoon, Townsend, Richardson, M. Hines, Leach, Harrison, Cato, J. Brown, Vaughn, Chellis and Harrell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 9, 2003, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN 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 COURT OF APPEALS, SEAT 6, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 5, TO FILL THE UNEXPIRED TERM, WHICH EXPIRES JUNE 30, 2003, AND THE SUBSEQUENT TERM; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 6, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 7, 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


Printed Page 1878 . . . . . Thursday, March 20, 2003

CIRCUIT COURT, AT-LARGE SEAT 9, TO FILL THE UNEXPIRED TERM, WHICH EXPIRES JUNE 30, 2003, AND THE SUBSEQUENT TERM; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 10, WHOSE TERM EXPIRES JUNE 30, 2003; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2003.

ADJOURNMENT

At 6:00 p.m., in accordance with the motion of all the Members of the House of Representatives, the House adjourned in honor of all the men and women in our Armed Forces, to meet at 10:00 a.m. tomorrow.

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