Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 10:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by Senator ANDERSON as follows:
Beloved, hear words from Proverbs 27:23-24:
"Know well the condition of your flock, and pay attention to your herds, for wealth is not forever..."
Let us pray.
Father, as we deliberate our state's budget, help us to be ever mindful of the needs of our people and to wisely spend the monies that we have.
Help us to pay attention to those who have sent us here. We ask Your special blessing on us today - and everyday - as we strive to serve and help all people in our great State have a better life.
With Your Guiding Hand we will succeed!
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable Mark C. Sanford:
Initial Appointment, Beaufort County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Mrs. Teri L. Hartley, 25 Chesterfield Dr., Beaufort, S.C. 29906
Reappointment, Beaufort County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010
Mrs. Teri L. Hartley, 25 Chesterfield Dr., Beaufort, S.C. 29906
The following was received and referred to the appropriate committee for consideration:
Document No. 3042
Promulgated by Public Service Commission
Practice and Procedure
Received by Lt. Governor April 26, 2006
Referred to Senate Committee on Judiciary
120 day review expiration date April 2, 2006
The following was received:
Document No. 3031
Agency: Department of Labor, Licensing and Regulation - Board of Dentistry and 40-15-275
SUBJECT: License to Practice Dentistry
Received by Lieutenant Governor January 11, 2006
Referred to Medical Affairs Committee
Legislative Review Expiration May 11, 2006
Revised Legislative Review Expiration Date May 15, 2006
120 Day Period Tolled
Withdrawn and Resubmitted April 25, 2006
Senator DRUMMOND introduced Dr. Gary Goforth of Greenwood, S.C., Doctor of the Day.
At 7:45 P.M., Senator COURSON requested a leave of absence beginning at 9:30 P.M. tonight and lasting until 8:00 A.M. in the morning.
Senator McCONNELL rose for an Expression of Personal Interest.
At 2:18 P.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 11:00 A.M.
There was no objection and a message was sent to the House accordingly.
The following were introduced:
S. 1375 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 40-3-290 OF THE 1976 CODE, RELATING TO ARCHITECTURE, TO ADD AN EXEMPTION PROVIDING THAT CERTAIN BUILDINGS ARE EXEMPT FROM HAVING AN ARCHITECT DESIGN THE BUILDING.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1376 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 46-45-10 OF THE 1976 CODE, RELATING TO LEGISLATIVE FINDINGS IN REGARD TO NUISANCE SUITS RELATED TO AGRICULTURAL OPERATIONS, TO ADD A NEW FINDING THAT IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL BE SOLELY RESPONSIBLE FOR A COMPLETE AND INTEGRATED REGULATORY PLAN FOR AGRICULTURAL FACILITIES AND OPERATIONS.
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Senator GROOMS asked unanimous consent to make a motion that the Bill be placed on the Calendar without reference.
Senator LEVENTIS objected.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 3034 (Word version) -- Reps. Cobb-Hunter, Vaughn, E. H. Pitts, Clyburn, Whipper, Hagood and Hodges: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF COMMERCE TO STUDY THE VIABILITY OF ESTABLISHING AN INLAND INTERMODAL PORT IN THE VICINITY OF THE INTERSECTION OF INTERSTATE HIGHWAYS 95 AND 26 AND TO REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY ON JANUARY 10, 2006.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 3711 (Word version) -- Reps. Cobb-Hunter and Mitchell: A BILL TO AMEND CHAPTER 17, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF PRESCRIPTION DRUG DISCOUNT CARDS, SO AS TO ENACT THE PRESCRIPTION DRUG DISCOUNT CARD REGISTRATION ACT, PROVIDING FOR REGISTRATION WITH THE DEPARTMENT OF CONSUMER AFFAIRS OF PERSONS AND REPRESENTATIVES ENGAGED IN THE SALE, MARKETING, PROMOTION, ADVERTISEMENT, OR DISTRIBUTION OF PRESCRIPTION DRUG DISCOUNT CARDS OR OTHER PURCHASING DEVICES; EXEMPTIONS FROM REGULATION UNDER THE ACT; REMEDIES FOR VIOLATIONS OF THE ACT, IN ADDITION TO, AND CUMULATIVE OF, OTHER PENALTIES IN TITLE 37 AND IN THE SOUTH CAROLINA UNFAIR TRADE PRACTICES ACT; AND AUTHORITY OF THE DEPARTMENT OF CONSUMER AFFAIRS TO PROMULGATE REGULATIONS TO EFFECTUATE THE PURPOSES OF THIS ACT.
Read the first time and referred to the Committee on Banking and Insurance.
H. 3718 (Word version) -- Reps. Huggins, Frye, Clark, Haley, Ballentine, Bingham, Toole and E. H. Pitts: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTIONS FROM AD VALOREM PROPERTY TAXES, SO AS TO DELETE THE EXEMPTION OF PROPERTY OF NONPROFIT HOUSING CORPORATIONS WHICH ARE DEVOTED TO PROVIDING HOUSING TO LOW AND VERY LOW INCOME RESIDENTS.
Read the first time and referred to the Committee on Finance.
H. 3949 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-4025 SO AS TO PROVIDE FOR CHARITY GAMING.
Read the first time and referred to the Committee on Finance.
H. 4021 (Word version) -- Reps. Hayes and Miller: A BILL TO AMEND SECTION 50-5-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS IN REGARD TO CERTAIN SALTWATER GAMEFISH, SO AS TO REDUCE THE CATCH LIMIT FOR FLOUNDER; AND TO AMEND SECTION 50-5-1710, AS AMENDED, RELATING TO SIZE LIMITS IN REGARD TO CERTAIN SALTWATER GAMEFISH, SO AS TO INCREASE THE REQUIRED SIZE LIMIT FOR FLOUNDER.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4240 (Word version) -- Reps. Sandifer, Cato and Vaughn: A BILL TO AMEND SECTION 23-47-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS REGARDING THE PUBLIC SAFETY COMMUNICATIONS CENTER, SO AS TO REVISE THE DEFINITION OF THE TERM "COMMITTEE"; AND TO AMEND SECTION 23-47-65, AS AMENDED, RELATING TO THE CMRS EMERGENCY TELEPHONE ADVISORY COMMITTEE, SO AS TO REENACT THE SECTION ESTABLISHING THE COMMITTEE AND MAKE IT PERMANENT, TO REVISE THE NAME OF THE COMMITTEE, TO REMOVE THE STATE AUDITOR AND THE DIRECTOR OF THE OFFICE OF INFORMATION RESOURCES AS MEMBERS OF THIS COMMITTEE, TO INCLUDE A DIVISION DIRECTOR OF THE BUDGET AND CONTROL BOARD AS A MEMBER OF THE BOARD, TO ELIMINATE TERM LIMITS APPLICABLE TO COMMITTEE MEMBERS, TO MAKE TECHNICAL CHANGES, AND TO MAKE CONFORMING AMENDMENTS.
Read the first time and referred to the Committee on Judiciary.
H. 4307 (Word version) -- Rep. Stewart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2645, SO AS TO INCORPORATE BY REFERENCE FOR PROPERTY TAX PURPOSES THE DEFINITION OF PRIVATE PASSENGER MOTOR VEHICLE USED IN THE MOTOR VEHICLE LICENSING AND REGISTRATION LAW, INCREASE THE WEIGHT LIMIT FOR PICKUP TRUCKS FOR PURPOSES OF THIS DEFINITION, AND INCLUDE MOTORCYCLES WITHIN THIS INCORPORATED DEFINITION.
Read the first time and referred to the Committee on Finance.
H. 4312 (Word version) -- Reps. Merrill, Bailey, Altman, Coates, Brady, Mahaffey, Funderburk, Ballentine, J. E. Smith and Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3377 SO AS TO ALLOW A STATE INCOME TAX CREDIT EQUAL TO TWENTY PERCENT OF THE NEW QUALIFIED HYBRID MOTOR VEHICLE CREDIT ALLOWED AGAINST A TAXPAYER'S FEDERAL INCOME TAX LIABILITY.
Read the first time and referred to the Committee on Finance.
H. 4366 (Word version) -- Reps. Cooper, Cotty, Battle, Ceips, G. R. Smith, M. A. Pitts, Branham, Delleney, Davenport, McLeod, J. Brown, Phillips, Ballentine, Rhoad, Umphlett, Kirsh, Bailey, White, Miller, Jefferson, Townsend, Emory, Clark, Haley, Lucas, Littlejohn, Sandifer, J. R. Smith, Altman, Cobb-Hunter, Mahaffey, Vick, Agnew, J. M. Neal, Funderburk, Brady, Thompson and Hodges: A BILL TO ENACT THE "VOLUNTEER STRATEGIC ASSISTANCE AND FIRE EQUIPMENT ACT OF 2006 (V-SAFE)" BY ADDING CHAPTER 51 TO TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE THE GENERAL ASSEMBLY TO APPROPRIATE FUNDS ANNUALLY FOR GRANTS THAT MUST BE AWARDED TO CERTAIN VOLUNTEER AND COMBINATION FIRE DEPARTMENTS FOR THE PURPOSE OF PROTECTING LOCAL COMMUNITIES AND REGIONAL RESPONSE AREAS FROM INCIDENTS OF FIRE, HAZARDOUS MATERIALS, TERRORISM, AND TO PROVIDE FOR THE SAFETY OF VOLUNTEER FIREFIGHTERS.
Read the first time and referred to the Committee on Finance.
H. 4383 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 20-7-8515, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY, MAINTENANCE, AND INTERAGENCY SHARING OF JUVENILE RECORDS BY LAW ENFORCEMENT AGENCIES AND TO JUVENILE FINGERPRINT RECORDS, SO AS TO INCLUDE THE DEPARTMENT OF SOCIAL SERVICES AMONG THOSE AGENCIES WITH WHOM JUVENILE RECORDS MAY BE SHARED AND TO AUTHORIZE LAW ENFORCEMENT AGENCIES TO FINGERPRINT A CHILD FIFTEEN YEARS OF AGE OR OLDER LIVING IN A FAMILY CHILDCARE HOME TO DETERMINE THE CHILD'S CRIMINAL HISTORY.
Read the first time and referred to the Committee on Judiciary.
H. 4426 (Word version) -- Reps. Thompson and Martin: 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 PROVIDE THAT WHEN AN ENTITY EXEMPT FROM PROPERTY TAX AS A NONPROFIT CORPORATION FUNDED BY FEDERAL OR STATE LOANS OR AS A RELIGIOUS, CHARITABLE, A ELEEMOSYNARY, EDUCATIONAL, OR LITERACY ORGANIZATION LEASES PROPERTY OWNED BY IT TO SIMILARLY PROPERTY TAX EXEMPT ENTITIES, THE LEASED PORTION OF THE PROPERTY IS EXEMPT FROM PROPERTY TAX.
Read the first time and referred to the Committee on Finance.
H. 4456 (Word version) -- Reps. Harrison and Haley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 TO TITLE 23 SO AS TO ENACT THE SOUTH CAROLINA CRIMESTOPPERS ACT, TO PROVIDE FOR THE PURPOSE OF CRIMESTOPPER ORGANIZATIONS, TO PROVIDE FOR DEFINITIONS OF VARIOUS TERMS CONTAINED IN THIS CHAPTER, TO ESTABLISH THE SOUTH CAROLINA CRIMESTOPPERS COUNCIL AND ITS DUTIES, TO PROVIDE THAT A COURT MAY ORDER A DEFENDANT TO REPAY TO A CRIMESTOPPERS ORGANIZATION OR TO THE CRIMESTOPPERS COUNCIL A REWARD ISSUED BY EITHER ENTITY, TO PROVIDE FOR THE REIMBURSEMENT OF MONIES PAID BY CRIMESTOPPERS ORGANIZATION OR THE CRIMESTOPPERS COUNCIL FOR INFORMATION THAT RESULTS IN THE ARREST OF AN INDIVIDUAL WHERE MONIES ARE CONFISCATED AND FORFEITED PURSUANT TO AN ARREST, TO PROVIDE FOR THE MAINTENANCE AND DISBURSEMENT OF FUNDS REIMBURSED TO A CRIMESTOPPERS ORGANIZATION, TO PROVIDE FOR THE ADMISSIBILITY OF CERTAIN EVIDENCE, PROTECTED INFORMATION, AND PROTECTED IDENTITIES IN A COURT PROCEEDING, TO PROVIDE IMMUNITY FROM CIVIL LIABILITY FOR CERTAIN PERSONS WHO COMMUNICATE WITH, ACT ON PRIVILEGED COMMUNICATION, OR ARE OFFICERS OR EMPLOYEES OF A CRIMESTOPPERS ORGANIZATION OR THE CRIMESTOPPERS COUNCIL; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE BY A PUBLIC BODY, SO AS TO PROVIDE THAT A PUBLIC BODY MAY NOT DISCLOSE A PRIVILEGED COMMUNICATION, PROTECTED INFORMATION, OR A PROTECTED IDENTITY EXCEPT UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTION 44-53-583, RELATING TO REIMBURSEMENT OF CERTAIN MONIES TO A CRIMESTOPPERS ORGANIZATION.
Read the first time and referred to the Committee on Judiciary.
H. 4465 (Word version) -- Reps. Harrell, W. D. Smith, J. Brown, Cato, Chellis, Cooper, Harrison, Townsend, Witherspoon, Merrill, Vaughn, Clemmons, Cotty, Walker, Altman, Ballentine, Ceips, Hagood, Haley, Haskins, Herbkersman, Hinson, Mahaffey, Norman, E. H. Pitts, Sandifer, Scarborough, D. C. Smith, G. M. Smith, G. R. Smith, J. R. Smith, Taylor, Umphlett, Owens, Brady and Mitchell: A BILL TO AMEND CHAPTER 41, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT COMMITTEE ON TAXATION, SO AS TO REPLACE THAT COMMITTEE WITH THE TAX STUDY COMMISSION AND PROVIDE FOR ITS MEMBERSHIP AND DUTIES, TO PROVIDE THAT THE FIRST ORDER OF BUSINESS OF THIS TAX STUDY COMMISSION IS A REVIEW OF STATE SALES AND USE TAX EXEMPTIONS WHICH MUST BE SUBMITTED TO THE GENERAL ASSEMBLY AND THE GOVERNOR BEFORE JANUARY 9, 2007, TO REQUIRE THAT REVIEW TO CONTAIN SPECIFIC RECOMMENDATIONS WITH RESPECT TO EXEMPTIONS TO BE ELIMINATED OR REVISED AND A REDUCED STATE SALES AND USE TAX RATE TO PROVIDE REVENUE NEUTRALITY, TO PROVIDE FOR THE REPORTING AND IMPLEMENTATION OF THE COMMITTEE'S RECOMMENDATIONS AND AMENDMENTS ALLOWED TO THESE RECOMMENDATIONS AND THE MANNER IN WHICH THEY TAKE EFFECT, AND TO REPEAL CHAPTER 41 OF TITLE 2 ESTABLISHING THE TAX STUDY COMMISSION EFFECTIVE JULY 1, 2011, UNLESS THE GENERAL ASSEMBLY BY LAW EXTENDS THE COMMISSION'S EXISTENCE.
Read the first time and referred to the Committee on Finance.
H. 4481 (Word version) -- Reps. Martin, Townsend, J. H. Neal, McLeod, Clark, Agnew, Bales, Ballentine, Bannister, Barfield, Bingham, Brady, Cato, Coates, Cobb-Hunter, Dantzler, Frye, Harrison, Herbkersman, J. Hines, Hosey, Huggins, Jefferson, Miller, Ott, Parks, Pinson, Rhoad, Scott, Sinclair, Umphlett, Vaughn, Walker and White: A BILL TO AMEND SECTION 57-23-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF TRANSPORTATION'S MANAGEMENT OF VEGETATION ALONG INTERSTATE HIGHWAY MEDIANS, ROADSIDES, AND INTERCHANGES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY UNDERTAKE THIS ACTIVITY AT ITS DISCRETION AFTER CONSULTING THE LOCAL GOVERNMENTAL AUTHORITY THAT HAS JURISDICTION OVER THE PORTION OF HIGHWAY SUBJECT TO THE VEGETATION MANAGEMENT PROJECT.
Read the first time and referred to the Committee on Transportation.
H. 4504 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTIONS 12-2-60, 12-4-520, 12-37-250, AS AMENDED, 12-37-251, 12-37-255, 12-37-266, 12-37-270, 12-37-275, 12-37-280, 12-37-450, 12-39-15, 12-39-150, 12-39-180, 12-39-190, 12-39-200, 12-39-270, 12-39-310, 12-45-15, 12-45-35, 12-45-70, AND 12-49-85, ALL RELATING TO CERTAIN POWERS AND RESPONSIBILITIES OF THE COMPTROLLER GENERAL IN CONNECTION WITH THE OPERATIONS OF A COUNTY TREASURER AND A COUNTY AUDITOR, SO AS TO DEVOLVE THOSE POWERS AND RESPONSIBILITIES ONTO THE DEPARTMENT OF REVENUE, AND TO REPEAL SECTIONS 11-3-60, 11-3-200, 11-3-220, AND 12-39-320 ALL RELATING TO CERTAIN POWERS AND RESPONSIBILITIES OF THE COMPTROLLER GENERAL IN CONNECTION WITH THE OPERATIONS OF A COUNTY TREASURER OR COUNTY AUDITOR.
Read the first time and referred to the Committee on Finance.
H. 4579 (Word version) -- Reps. Merrill, Bingham, E. H. Pitts, Hardwick, Haley, Bailey, Bales, Cato, Dantzler, Duncan, Hinson, Jefferson, Leach, Loftis, Mahaffey, Moody-Lawrence, Neilson, M. A. Pitts, Umphlett and Young: A BILL TO AMEND SECTION 59-19-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SCHOOL TRUSTEE'S TERM OF OFFICE, SO AS TO PROVIDE THAT IN A SCHOOL DISTRICT WHERE SCHOOL BOARD MEMBERS ARE ELECTED, THE ELECTION MUST BE HELD ON THE SECOND TUESDAY OF NOVEMBER; TO AMEND SECTIONS 59-71-40 AND 59-71-50, BOTH RELATING TO A SCHOOL BOND ELECTION, SO AS TO PROVIDE THAT THE ELECTION MUST BE HELD ON THE SECOND TUESDAY OF NOVEMBER.
Read the first time and referred to the Committee on Education.
H. 4662 (Word version) -- Reps. White, Cooper, Leach, Martin, Sandifer and Skelton: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO REALLOCATE AND RENAME BOND AUTHORIZATIONS FOR CLEMSON UNIVERSITY.
Read the first time and referred to the Committee on Finance.
H. 4681 (Word version) -- Reps. M. A. Pitts, Duncan, Umphlett, Hosey, Bailey, Ceips, Leach, Phillips, Mahaffey, Haley, Huggins, Ballentine, E. H. Pitts, G. R. Smith, Toole, Cotty, Delleney and Vick: A BILL TO AMEND SECTION 23-31-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF FIREARMS BY LOCAL GOVERNMENTS, SO AS TO DELETE THE PROVISION THAT PREVENTS A LOCAL GOVERNMENT FROM REGULATING THE USE, SALE, TRANSPORTATION, OR PUBLIC BRANDISHMENT OF FIREARMS DURING THE TIMES OF A DEMONSTRATED POTENTIAL FOR INSURRECTION, INVASIONS, RIOTS, OR NATURAL DISASTERS; AND TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF A CONCEALED WEAPON PERMIT, SO AS TO RESTRICT THE RELEASE OF A LIST OF ALL PERMIT HOLDERS OR VERIFY AN INDIVIDUAL'S PERMIT STATUS BY SLED TO INSTANCES WHEN A REQUEST FOR THIS INFORMATION IS TO AID IN AN OFFICIAL LAW ENFORCEMENT INVESTIGATION.
Read the first time and referred to the Committee on Judiciary.
H. 4707 (Word version) -- Reps. Govan, Scott, Hosey, Moody-Lawrence, Whipper, Clark, Howard, Mack, Vick, Allen, Battle, Bowers, Brady, Branham, Cato, Ceips, Clemmons, Clyburn, Funderburk, Haskins, Hodges, Jefferson, McLeod, Ott, Perry, Rice, Scarborough, Sinclair, G. M. Smith, J. E. Smith and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-29-440 THROUGH 59-29-570 SO AS TO ENACT THE "SOUTH CAROLINA FINANCIAL LITERACY TRUST ACT", WHICH IS AN INITIATIVE FOR IMPROVING FINANCIAL LITERACY BY PROVIDING GRANTS TO SCHOOL DISTRICTS TO PROVIDE FINANCIAL LITERACY INSTRUCTION FOR STUDENTS IN KINDERGARTEN THROUGH TWELFTH GRADE; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO ESTABLISH THE SOUTH CAROLINA FINANCIAL LITERACY BOARD OF TRUSTEES, TO PROVIDE THAT IT SHALL OVERSEE THE FINANCIAL LITERACY TRUST, AND TO ESTABLISH THE PURPOSES OF THE BOARD AND ITS COMPOSITION, FUNCTIONS, AND DUTIES; TO PROVIDE FOR TWO SEPARATE FUNDS TO ACCEPT PUBLIC AND PRIVATE MONIES AND MONIES APPROPRIATED BY THE GENERAL ASSEMBLY; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; AND TO PROVIDE THE PROCEDURE FOR APPLYING FOR A GRANT, ESTABLISH FISCAL GUIDELINES, AND EVALUATION REQUIREMENTS; TO AMEND SECTION 12-6-5060, AS AMENDED, RELATING TO DESIGNATING CONTRIBUTIONS TO CERTAIN CHARITABLE FUNDS THROUGH INDIVIDUAL INCOME TAX RETURNS, SO AS TO AUTHORIZE CONTRIBUTIONS TO THE FINANCIAL LITERACY TRUST; AND TO REPEAL SECTIONS 59-29-420 AND 59-29-425, BOTH RELATING TO A FINANCIAL LITERACY FUND.
Read the first time and referred to the Committee on Education.
H. 4723 (Word version) -- Reps. Mitchell, Whipper, Davenport, Moody-Lawrence, Hosey, J. H. Neal, Haley, Breeland, Kennedy, Hodges, Haskins, Rivers, Mack, Allen, Ballentine, Bannister, Barfield, Battle, Bowers, Branham, J. Brown, R. Brown, Cato, Ceips, Chalk, Clyburn, Cobb-Hunter, Emory, Funderburk, Hamilton, Howard, Jefferson, Leach, Limehouse, Littlejohn, Mahaffey, J. M. Neal, Neilson, Parks, Perry, Phillips, F. N. Smith, J. E. Smith, W. D. Smith, Tripp, Viers, Weeks and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-630 SO AS TO ESTABLISH THE DIVISION ON AFFORDABLE HOUSING WITHIN THE OFFICE OF THE LIEUTENANT GOVERNOR WHICH SHALL BE SUPPORTED BY AN ADVISORY COMMISSION ON AFFORDABLE HOUSING WHICH SHALL BE COMPRISED OF INDIVIDUALS FROM A VARIETY OF DISCIPLINES WHO ARE TRAINED AND KNOWLEDGEABLE IN AFFORDABLE HOUSING NEEDS, AND TO PROVIDE FOR THE DUTIES AND FUNCTIONS OF BOTH ENTITIES.
Read the first time and referred to the Committee on Judiciary.
H. 4737 (Word version) -- Reps. Edge, Clemmons, Mitchell, Bales, Chalk, Hiott, Rice, Sandifer, Kirsh, E. H. Pitts, J. Brown, Huggins, R. Brown and Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-225 SO AS TO PROVIDE THAT FEDERAL OR STATE INCOME TAX CREDITS FOR LOW INCOME HOUSING MAY NOT BE CONSIDERED WITH RESPECT TO THE VALUATION OF REAL PROPERTY OR IN DETERMINING THE FAIR MARKET VALUE OF REAL PROPERTY FOR PROPERTY TAX PURPOSES, AND TO PROVIDE THAT FOR PROPERTIES THAT HAVE DEED RESTRICTIONS IN EFFECT THAT PROMOTE OR PROVIDE FOR LOW INCOME HOUSING, THE INCOME APPROACH MUST BE THE METHOD OF VALUATION TO BE USED.
Read the first time and referred to the Committee on Finance.
H. 4800 (Word version) -- Reps. Bannister, Allen, Cato, Hamilton, Haskins, Leach, Loftis, Rice, F. N. Smith, G. R. Smith, Taylor, Tripp, Vaughn, Skelton, Duncan, Mitchell, Moody-Lawrence, Haley, E. H. Pitts, Martin, Huggins, Anderson, Anthony, Bailey, Ballentine, Battle, Cooper, Hardwick, Harrell, Harrison, Hiott, Limehouse, Mahaffey, Norman, Owens, Perry, Sandifer, Scarborough, Sinclair, W. D. Smith, Stewart, Young and Thompson: A BILL TO AMEND SECTIONS 12-6-3360, AS AMENDED, 12-6-3410, AS AMENDED, AND 12-6-3420, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO THE TARGETED JOBS TAX CREDIT, THE INCOME TAX CREDIT FOR ESTABLISHING OR ADDING TO A CORPORATE HEADQUARTERS IN THIS STATE, AND THE TAX CREDIT ALLOWED A CORPORATION FOR CONSTRUCTION OR IMPROVEMENT OF AN INFRASTRUCTURE PROJECT, SO AS TO ALLOW THESE CREDITS TO BE CLAIMED AGAINST THE BANK TAX AND TO MAKE CONFORMING AMENDMENTS.
Read the first time and referred to the Committee on Finance.
H. 4808 (Word version) -- Reps. Harrison and McLeod: A BILL TO AMEND SECTION 44-4-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE "EMERGENCY HEALTH POWERS ACT", SO AS TO REVISE THE DEFINITIONS OF "QUALIFYING HEALTH CONDITION" AND "TRIAL COURT"; TO AMEND SECTION 44-4-530, RELATING TO ISOLATION AND QUARANTINE OF INDIVIDUALS AND PENALTIES FOR NONCOMPLIANCE, SO AS TO ESTABLISH PENALTIES OF A MAXIMUM FINE OF ONE THOUSAND DOLLARS OR THIRTY DAYS IN PRISON, OR BOTH, FOR NONCOMPLIANCE, TO PROVIDE THAT AN EMPLOYER MAY NOT FIRE OR DISCRIMINATE AGAINST AN EMPLOYEE SUBJECT TO ISOLATION OR QUARANTINE ORDERS, AND TO PROVIDE THAT AN EMPLOYER MAY REQUIRE AN EMPLOYEE SUBJECT TO ISOLATION OR QUARANTINE TO USE ANNUAL OR SICK LEAVE TO COMPLY WITH SUCH AN ORDER; TO AMEND SECTION 44-4-540, RELATING TO ISOLATION AND QUARANTINE PROCEDURES, SO AS TO PROVIDE THAT BEFORE THE DECLARATION OF A PUBLIC HEALTH EMERGENCY ISOLATION AND QUARANTINE ORDERS ISSUED MUST BE UNDERTAKEN IN ACCORDANCE WITH THE EMERGENCY HEALTH POWERS ACT; TO AMEND SECTION 44-4-570, RELATING TO APPOINTMENT AND USE OF IN-STATE AND OUT-OF-STATE HEALTH PERSONNEL IN A STATE OF PUBLIC HEALTH EMERGENCY, SO AS TO PROVIDE THAT LAW PERTAINING TO GOVERNMENT VOLUNTEERS AND COVERAGE UNDER THE SOUTH CAROLINA TORT CLAIMS ACT APPLIES TO SUCH PUBLIC HEALTH EMERGENCY VOLUNTEERS, TO PROVIDE EXCEPTIONS, AND TO FURTHER PROVIDE FOR IMMUNITY FROM CIVIL LIABILITY FOR THESE VOLUNTEERS AND TO PROVIDE EXCEPTIONS.
Read the first time and referred to the Committee on Medical Affairs.
H. 4847 (Word version) -- Reps. Clemmons, Barfield, Edge, Hardwick, Hayes, Viers and Witherspoon: A BILL TO AMEND SECTION 16-17-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SELLING TICKETS TO AN ATHLETIC CONTEST, SPORTING, ENTERTAINMENT, OR AMUSEMENT EVENT FOR MORE THAN THE PRESCRIBED AMOUNT, SO AS TO PROVIDE AN EXCEPTION FOR THE SALE OR OFFER FOR SALE OF A TICKET WHEN AUTHORIZED BY AN OPERATOR OF THE EVENT OR THE VENUE.
Read the first time and referred to the Committee on Judiciary.
H. 4874 (Word version) -- Reps. Harrell, Merrill, Cotty, Ballentine, G. Brown, Duncan, Barfield, Haley, Bailey, Bales, Bannister, Battle, Bingham, Brady, Breeland, Cato, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Delleney, Edge, Frye, Hardwick, Harrison, Haskins, Herbkersman, Hinson, Hodges, Huggins, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Mack, McGee, Miller, Norman, Ott, Perry, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Sandifer, Scarborough, Simrill, G. R. Smith, J. E. Smith, Talley, Thompson, Townsend, Tripp, Umphlett, Vick, Viers, Walker, White, Whitmire, Young, Lucas and Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE SOUTH CAROLINA ECONOMIC DEVELOPMENT INCENTIVE ACT, BY ADDING SECTION 12-6-3589 SO AS TO PROVIDE FOR A CREDIT AGAINST THE STATE CORPORATE INCOME TAX FOR COSTS INCURRED BY A MANUFACTURING FACILITY IN COMPLYING WITH WHOLE EFFLUENT TOXICITY TESTING, THE AMOUNT OF THE CREDIT, AND A TEN-YEAR CARRY FORWARD PERIOD, AND TO DEFINE "MANUFACTURING FACILITY"; BY ADDING SECTION 12-36-2140 SO AS TO PROVIDE FOR AN EXEMPTION FOR A MANUFACTURING PROPERTY FROM THE STATE SALES TAX ON NATURAL GAS ONCE THE PRICE OF NATURAL GAS EXCEEDS $6.50 FOR A DECATHERM; TO AMEND SECTION 12-6-2250, RELATING TO APPORTIONMENT OF INCOME FOR CERTAIN BUSINESSES, SO AS TO PROVIDE FOR THE CALCULATION OF APPORTIONED INCOME USING SALES FIGURES; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO INCLUDE A BANK AS A TAXPAYER WHO MAY QUALIFY FOR THE CREDIT; TO AMEND SECTION 12-6-3375, RELATING TO A TAX CREDIT AGAINST INCOME TAX FOR COMPANIES USING THE STATE'S PORT FACILITIES, SO AS TO PROVIDE FOR THE ALLOCATION OF THE TOTAL AMOUNT OF THE CREDITS ANNUALLY; TO AMEND SECTION 12-6-3410, AS AMENDED, RELATING TO THE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO INCLUDE A BANK'S HEADQUARTERS AND TO REDEFINE "COMPANY BUSINESS UNIT"; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO THE JOB DEVELOPMENT TAX CREDIT, SO AS TO ALLOW FOR A REDUCTION AGAINST THE CREDIT FOR TAXES DUE AND TO INCLUDE CERTAIN EMPLOYEE RELOCATION EXPENSES AS QUALIFYING EXPENSES; TO AMEND SECTION 12-20-110, AS AMENDED, RELATING TO CERTAIN ENTITIES TO WHICH CORPORATION LICENSE FEES PROVISIONS DO NOT APPLY, SO AS TO INCLUDE A CERTIFIED COMMUNITY DEVELOPMENT ENTITY; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTION FROM THE STATE SALES TAX, SO AS TO EXEMPT CONSTRUCTION MATERIALS USED IN BUILDING A SINGLE MANUFACTURING AND DISTRIBUTION CENTER WITH CERTAIN MINIMUM INVESTMENTS; TO AMEND SECTIONS 12-44-130 AND 12-44-140, BOTH AS AMENDED, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES, SO AS TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 4-12-30, AS AMENDED, RELATING TO QUALIFICATION OF AN INDUCEMENT LEASE AGREEMENT FOR THE FEE IN LIEU OF PROPERTY TAXES, SO AS TO REDUCE THE MINIMUM INVESTMENT REQUIREMENT AND TO DELETE CERTAIN INVESTMENTS FROM A FOUR PERCENT MINIMUM ASSESSMENT RATIO; AND TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO DELETE CERTAIN INVESTMENTS FROM A FOUR PERCENT MINIMUM ASSESSMENT RATIO AND TO REDUCE THE MINIMUM INVESTMENT REQUIREMENT.
Read the first time and referred to the Committee on Finance.
H. 4882 (Word version) -- Reps. Cooper, Edge, Leach, Ott, Simrill, J. H. Neal, Kennedy, J. R. Smith, Anthony, Bannister, Battle, Breeland, G. Brown, J. Brown, Cato, Clemmons, Duncan, Hamilton, Haskins, Hinson, Hiott, Hodges, Jefferson, Jennings, Kirsh, Littlejohn, Lucas, Mahaffey, Owens, E. H. Pitts, M. A. Pitts, Rice, Sandifer, Scott, Skelton, G. R. Smith, J. E. Smith, Stewart, Taylor, Thompson, Umphlett, Vaughn, Walker, Weeks, Brady, Harrison, Perry, Young, Cobb-Hunter, Neilson, Cotty, White, Bales, Clyburn, Parks, Rhoad, Mitchell, R. Brown, Howard, Haley, Ballentine, Chalk and Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-9-130 SO AS TO PROVIDE THAT SOUTH CAROLINA STATE HOSPITAL PROPERTY UNDER THE CONTROL OF OR ASSIGNED TO THE DEPARTMENT OF MENTAL HEALTH THAT IS NOT IN USE MAY BE SOLD OR LEASED, TO DEPOSIT PROCEEDS FROM SUCH SALE OR LEASE OF PROPERTY INTO A RESTRICTED ACCOUNT, TO PROVIDE THAT THESE FUNDS MUST BE USED TO SUPPORT ADULT LONG-TERM CARE, ACUTE CARE, AND FORENSIC SERVICES, TO PROHIBIT THE DEPARTMENT FROM USING THESE FUNDS TO SUPPLANT ITS CURRENT LEVEL OF APPROPRIATED FUNDING, AND TO REQUIRE THE DEPARTMENT TO REPORT QUARTERLY ON THE USE OF THESE FUNDS.
Read the first time and referred to the Committee on Finance.
H. 4938 (Word version) -- Reps. Cooper, Walker, Harrell, Cato, Townsend, White, Coates and J. E. Smith: A BILL TO AMEND SECTION 25-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA STATE GUARD, SO AS TO AUTHORIZE THE ADJUTANT GENERAL TO ESTABLISH AN EMERGENCY AIR WING WITHIN THE STATE GUARD AND PROVIDE FOR THE ORGANIZATION AND DUTIES OF THE EMERGENCY AIR WING AND FOR THE LIABILITY OF AIRPLANES USED BY VOLUNTEER PARTICIPANTS IN THE EMERGENCY AIR WING; TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO EXCEPTIONS TO LIABILITY UNDER THE TORT CLAIMS ACT, SO AS TO PROVIDE THAT THE USE OF ANY VEHICLE OR AIRPLANE OPERATED FOR TRAINING OR DUTY BY THE EMERGENCY AIR WING OF THE STATE GUARD SHALL CONVEY LIABILITY UPON THE SOUTH CAROLINA NATIONAL GUARD, SOUTH CAROLINA STATE GUARD, OR STATE OF SOUTH CAROLINA ONLY AFTER THE REQUIRED LIABILITY INSURANCE ON THE VEHICLE OR AIRPLANE HAS BEEN FULLY APPLIED; AND TO AMEND SECTION 42-7-50, RELATING TO POLITICAL SUBDIVISIONS AND OTHER ENTITIES WHICH MAY PARTICIPATE IN THE WORKERS' COMPENSATION INSURANCE PROGRAM, SO AS TO PROVIDE THAT RECOVERY OF WORKERS' COMPENSATION BENEFITS BY MEMBERS OF THE EMERGENCY AIR WING OF THE SOUTH CAROLINA STATE GUARD SHALL BE PAYABLE FROM THE GENERAL FUND OF THE STATE OF SOUTH CAROLINA.
Read the first time and referred to the General Committee.
H. 4951 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE THAT IN A COUNTY OF AT LEAST ONE-THOUSAND SQUARE MILES IN SIZE AND WHICH HAS HAD AN UNEMPLOYMENT RATE GREATER THAN THE STATE AVERAGE AND AN AVERAGE PER CAPITA LOWER THAN THE STATE AVERAGE PER CAPITA INCOME FOR THE PAST TEN YEARS AND WHICH IS OTHERWISE NOT ELIGIBLE FOR ANY SPECIAL CLASSIFICATION, THE TARGETED JOBS TAX CREDIT ALLOWED IN THE COUNTY IS TWO TIERS HIGHER THAN THE CREDIT FOR WHICH THE COUNTY WOULD OTHERWISE QUALIFY.
Read the first time and referred to the Committee on Finance.
H. 4958 (Word version) -- Reps. R. Brown, Whipper, Hagood, Limehouse, Mack, Merrill, Scarborough, Young and Altman: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES RANTOWLES CREEK ALONG UNITED STATES HIGHWAY 17 IN CHARLESTON COUNTY THE "HISTORIC ST. PAUL'S PARISH BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "HISTORIC ST. PAUL'S PARISH BRIDGE".
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 4965 (Word version) -- Reps. Loftis, Pinson, Hardwick, Barfield, Bannister, Ceips, Clark, Clemmons, Coates, Davenport, Duncan, Edge, Frye, Hamilton, Harrison, Haskins, Hiott, Mahaffey, Merrill, Norman, Owens, Perry, M. A. Pitts, Sandifer, Scarborough, F. N. Smith, Stewart, Talley, Walker, Witherspoon, Young, Mitchell, McLeod, Leach, Altman and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-525 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO WILFULLY OR MALICIOUSLY DISTURB OR INTERRUPT A FUNERAL SERVICE AND TO PROVIDE PENALTIES.
Read the first time and referred to the Committee on Judiciary.
H. 4966 (Word version) -- Reps. Hinson, Merrill, Hodges, Jefferson, Thompson, McGee, Bailey, Cooper, Dantzler, Hagood, Harrell, Limehouse, Scarborough, J. R. Smith and Umphlett: A BILL TO AMEND SECTIONS 12-62-50 AND 12-62-60, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND BOTH RELATING TO TAX REBATES TO MOTION PICTURE PRODUCTION COMPANIES DOING BUSINESS IN SOUTH CAROLINA, SO AS TO INCREASE THE MAXIMUM PERCENTAGES OF THE TAX REBATES FROM FIFTEEN TO THIRTY PERCENT AND TO PROVIDE FOR PRE-EXISTING REBATE APPROVALS.
Read the first time and referred to the Committee on Finance.
H. 4982 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL CARRYING OF A HANDGUN, SO AS TO INCLUDE IN THE EXCEPTIONS TO THE OFFENSE RESERVE POLICE OFFICERS OF A STATE AGENCY; AND TO AMEND SECTION 23-28-30, AS AMENDED, RELATING TO TRAINING COURSE REQUIREMENTS FOR RESERVE UNITS, SO AS TO PROVIDE THAT ADDITIONAL TRAINING MAY BE PRESCRIBED BY THE ENTITY HAVING A RESERVE UNIT UNDER CERTAIN CIRCUMSTANCES.
Read the first time and referred to the Committee on Judiciary.
H. 5001 (Word version) -- Reps. Harrell, Hinson, Limehouse, Scarborough, Merrill, Whipper, Breeland, Mack, Young, Chellis, R. Brown and Hagood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-450 SO AS TO PROVIDE FOR A "MAIN CAMPUS" AND AN "ENTERPRISE CAMPUS" AT TRIDENT TECHNICAL COLLEGE; BY DESIGNATING SECTIONS 59-53-410 THROUGH 59-53-450, RELATING TO THE TRIDENT TECHNICAL COLLEGE, AS SUBARTICLE 1 AND ENTITLED "GENERAL PROVISIONS" OF ARTICLE 5, CHAPTER 53, TITLE 59; AND BY ADDING SUBARTICLE 3 TO ARTICLE 5, CHAPTER 53, TITLE 59 SO AS TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION FOR PURPOSES OF THE FURTHER DEVELOPMENT OF THE MAIN CAMPUS, TO PROVIDE FOR THE CREATION OF THE TRIDENT TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITY, AND TO PROVIDE FOR ITS POWERS AND DUTIES.
Read the first time and referred to the Committee on Education.
H. 5023 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO NUTRITION STANDARDS FOR ELEMENTARY (K-5) SCHOOL FOOD SERVICE MEALS AND COMPETITIVE FOODS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3027, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 5024 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TYPES AND LEVELS OF CREDENTIAL CLASSIFICATION (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 3028, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 5025 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR CREDENTIAL ADVANCEMENT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 3029, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 5038 (Word version) -- Reps. Thompson and Cooper: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 20 IN ANDERSON COUNTY FROM ITS INTERSECTION WITH S 04-54 TO ITS INTERSECTION WITH THE UNITED STATES HIGHWAY 29/SOUTH CAROLINA HIGHWAY 20 CONNECTOR "TROOPER RANDALL LAMAR HESTER MEMORIAL HIGHWAY", AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "TROOPER RANDALL LAMAR HESTER MEMORIAL HIGHWAY".
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 5042 (Word version) -- Reps. Delleney, W. D. Smith, Cato, Ott, Sandifer and F. N. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 24, 2006, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 9, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2008; AND TO ELECT SUCCESSORS TO THE MEMBERS OF THE SECOND, FOURTH, AND SIXTH DISTRICTS OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, SO AS TO FILL TERMS WHICH EXPIRE JUNE 30, 2006.
On motion of Senator RITCHIE, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.
H. 5046 (Word version) -- Reps. Townsend, Walker, Pinson and Harrell: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS THAT CHARTER SCHOOLS IN SOUTH CAROLINA MAKE TOWARD THE EDUCATION OF OUR STATE'S STUDENTS AND TO DECLARE THE WEEK MAY 1-6, 2006, AS "CHARTER SCHOOL WEEK" IN SOUTH CAROLINA.
The Concurrent Resolution was introduced and referred to the Committee on Education.
H. 5047 (Word version) -- Reps. J. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE CLASS OF 1956 OF ALLEN UNIVERSITY AS IT CELEBRATES ITS FIFTIETH ANNIVERSARY AND TO COMMEND THE MEMBERS OF THIS OUTSTANDING CLASS FOR THEIR CONTRIBUTIONS TO THEIR COMMUNITY, STATE, AND NATION.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5048 (Word version) -- Rep. Merrill: A CONCURRENT RESOLUTION TO WELCOME INTO THE WORLD KATE PATRICK THROWER, DAUGHTER OF KEITH AND HELEN ANN THROWER OF COLUMBIA, WHO WILL SOON CELEBRATE HER FIRST BIRTHDAY, AND TO WISH HER GOOD HEALTH, IMMENSE HAPPINESS, AND EVERY SUCCESS IN THE WORLD AS SHE EMBARKS ON HER LIFE JOURNEY.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator ALEXANDER from the Committee on Invitations has polled the following invitations with a favorable report on:
Alexander Patterson McGill Reese Knotts O'Dell Elliott Ford Grooms Verdin Campsen
Tuesday, May 2, 2006 - 6:00-9:00 PM
Members of the Senate, Reception, Seibels House (1601 Richland Street), by the South Carolina Coastal Conservation League
Wednesday, May 3, 2006 - 8:00-10:00 AM
Members of the Senate, Breakfast, 221 Blatt, by the YMCA'S of South Carolina
Wednesday, May 3, 2006 - 12:45-2:00 PM
Members of the Senate and Staff, Lunch, Williams Brice Stadium, by the University of South Carolina
Wednesday, May 3, 2006 - 6:00-8:00 PM
Members of the Senate, Reception, Columbia Convention Center by South Carolina Governor's School for Science and Math
Thursday, May 4, 2006 - 8:00-10:00 AM
Members of the Senate, Breakfast, 221 Blatt, by SC Chapter of American Planning Association
Thursday, May 11, 2006 - 8:00-10:00 AM
Members of the Senate and staff, Breakfast, 221 Blatt, by SC Speech, Language, and Hearing
Tuesday, May 16, 2006 - 6:00 PM
Members of the Senate, their family and staff, Picnic and Softball Game, Capitol City Stadium, by Blue Cross and Blue Shield of SC
Wednesday, May 17, 2006 - 8:00-10:00 AM
Members of the Senate, Breakfast, 221 Blatt, by Alpha Kappa Alpha Sorority
Wednesday, May 17, 2006 - 12:00-2:00 PM
Members of the Senate, Lunch, Summit Club by SC Manufacturers Alliance
Wednesday, May 17, 2006 - 6:00-7:00 PM
Members of the Senate, Reception, Clarion, by SC Association of CPA'S
Wednesday, May 17, 2006 - 7:00-9:00 PM
Members of the Senate and staff, Reception, The Coop (1100 Key Road), by Mechanical Contractors Association of SC
Thursday, May 18, 2006 - 8:00-10:00 AM
Members of the Senate and staff, Breakfast, 221 Blatt, by Associated Marine Institutes
Senator GREGORY from the Committee on Judiciary polled out S. 925 favorable with amendment:
S. 925 (Word version) -- Senators Pinckney and Ford: A BILL TO AMEND SECTION 62-3-911, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTITION OF UNDIVIDED INTERESTS IN AN ESTATE, SO AS TO GIVE ONE OR MORE OF THE HEIRS OR DEVISEES THE RIGHT OF FIRST REFUSAL TO PURCHASE THE SUBJECT PROPERTY BEFORE ITS JUDICIAL PARTITION.
AYES
McConnell Moore Ford Gregory Jackson Martin Mescher Rankin Elliott Hutto Anderson Hawkins Ritchie Knotts Malloy Cromer Sheheen Bryant Campsen Cleary Lourie Scott Williams
Ordered for consideration tomorrow.
Senator MOORE from the Committee on Judiciary polled out S. 1176 favorable with amendment:
S. 1176 (Word version) -- Senators Malloy, Knotts, Sheheen, McConnell, Martin and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 85 TO TITLE 15 SO AS TO ENACT THE "SOUTH CAROLINA FALSE CLAIMS ACT" PROVIDING FOR DEFINITIONS OF CERTAIN TERMS, LIABILITY FOR FALSE OR FRAUDULENT CLAIMS UNDER CERTAIN CIRCUMSTANCES, PROCEDURES FOR CIVIL ACTIONS FOR FALSE CLAIMS, THE PROCEDURE AND CONTENTS OF CIVIL INVESTIGATIVE DEMANDS, AND CREATING THE STATE FALSE CLAIMS ACT INVESTIGATION AND PROSECUTION FUND.
AYES
McConnell Moore Ford Jackson Mescher Rankin Elliott Hutto Anderson Knotts Malloy Cromer Sheheen Cleary Lourie Scott Williams
Gregory Martin Hawkins Ritchie Bryant Campsen
Ordered for consideration tomorrow.
Senator MOORE from the Committee on Judiciary polled out S. 1229 favorable with amendment:
S. 1229 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 8-13-745, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPRESENTATION OF CLIENTS BY MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO PROHIBIT ANY MEMBER OF THE GENERAL ASSEMBLY OR AN ASSOCIATE FROM COMMUNICATING WITH ANY MEMBER OF OR STAFF PERSON WITHIN THE UNIFIED JUDICIAL SYSTEM, AN AGENCY, A COMMISSION, BOARD, DEPARTMENT, OR OTHER ENTITY REGARDING ANY PENDING CASE EXCEPT AS A COUNSEL TO A LITIGANT, AS A WITNESS, OR AS A PRO SE LITIGANT AS PERMITTED BY THE SOUTH CAROLINA APPELLATE COURT RULES.
AYES
McConnell Moore Ford Gregory Jackson Martin Mescher Rankin Elliott Hutto Anderson Hawkins Ritchie Knotts Cromer Sheheen Bryant Campsen Cleary Lourie Scott Williams
Malloy
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary polled out S. 1243 favorable with amendment:
S. 1243 (Word version) -- Senators Rankin, Bryant, Peeler, Setzler, Knotts, Land, Williams, Cromer, Hutto, Elliott, Scott, Richardson, Ritchie, Short, Thomas and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-32-260 SO AS TO PROVIDE FOR THE PREPARATION AND SUPERVISION OF THE CLOSING DOCUMENTS AND THE CLOSING OF A PURCHASE AND SALE OF AN INTEREST IN A VACATION TIME SHARING PLAN, AND TO EXEMPT THE TRANSACTION FROM THE ATTORNEY PREFERENCE REQUIREMENT IN THE CONSUMER PROTECTION CODE IF THE CLOSING DOCUMENTS CONTAIN A CONSPICUOUS DISCLOSURE TO A PARTY TO A PURCHASE AND SALE OF AN INTEREST IN A VACATION TIME SHARING PLAN OF THE NEED TO UNDERSTAND HIS RIGHTS AND OBLIGATIONS PURSUANT TO THE CLOSING DOCUMENTS; AND TO AMEND SECTION 27-32-10, AS AMENDED, RELATING TO DEFINITIONS IN CONNECTION WITH A VACATION TIME SHARING PLAN, SO AS TO REVISE THE DEFINITION OF "CONTRACT".
AYES
McConnell Moore Gregory Jackson Martin Mescher Rankin Elliott Hutto Anderson Ritchie Cromer Bryant Campsen Scott Williams
Ford Hawkins Knotts Malloy Sheheen Cleary Lourie
Ordered for consideration tomorrow.
Senator RANKIN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
On motion of Senator RANKIN, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading.
Senator RANKIN asked unanimous consent to make a motion to give S. 1243 a third reading on Thursday, April 27, 2006.
Senator RYBERG objected.
Senator HAWKINS from the Committee on Judiciary polled out S. 1295 favorable with amendment:
S. 1295 (Word version) -- Senators Cromer, Sheheen, Lourie, Hawkins, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Short, J. Verne Smith, Thomas, Verdin and Williams: A BILL TO AMEND ARTICLE 7, CHAPTER 17, TITLE 16 OF THE 1976 CODE, RELATING TO MISCELLANEOUS CRIMES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-525 TO MAKE IT UNLAWFUL FOR A PERSON TO WILFULLY OR MALICIOUSLY DISTURB OR INTERRUPT A FUNERAL SERVICE.
AYES
McConnell Moore Ford Gregory Jackson Martin Mescher Rankin Elliott Hutto Anderson Hawkins Ritchie Knotts Malloy Cromer Sheheen Bryant Campsen Cleary Lourie Scott Williams
Ordered for consideration tomorrow.
Senator GREGORY from the Committee on Judiciary polled out S. 1356 favorable:
S. 1356 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 62-7-405, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARITABLE TRUSTS, SO AS TO PROVIDE THAT CHARITABLE TRUSTS ARE NOT REQUIRED TO BE FILED WITH THE ATTORNEY GENERAL UNLESS REQUIRED BY STATUTE, RULE, OR REGULATION.
AYES
McConnell Moore Ford Gregory Jackson Martin Mescher Rankin Elliott Hutto Anderson Hawkins Ritchie Knotts Malloy Cromer Sheheen Bryant Campsen Cleary Lourie Scott Williams
Ordered for consideration tomorrow.
S. 1320 (Word version) -- Senators Malloy and Leatherman: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF MOTOR VEHICLES TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH NATIONALLY-SPONSORED NASCAR RACING EVENTS HELD IN THIS STATE IN 2006.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 4708 (Word version) -- Reps. Bowers, Hodges and R. Brown: A BILL TO AMEND SECTION 57-23-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ROADSIDE VEGETATION MANAGEMENT ADJACENT TO INTERSTATE HIGHWAY 95 IN COLLETON COUNTY BETWEEN MILE MARKERS 52 AND 54, SO AS TO PROVIDE THAT THE PROVISIONS CONTAINED IN THIS SECTION ALSO APPLY TO ROADSIDE VEGETATION ADJACENT TO THE PORTION OF INTERSTATE HIGHWAY 95 BETWEEN MILE MARKERS 54 AND 58.
The following House Joint Resolution was read the third time and ordered returned to the House with amendments:
H. 4812 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2005-2006.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 1059 (Word version) -- Senators Hutto, Gregory, Hawkins, Campsen, Cleary, Lourie, Alexander, Martin and Short: A BILL TO AMEND CHAPTER 1, TITLE 19, CODE OF LAWS OF SOUTH CAROLINA, BY ADDING SECTION 19-1-190, RELATING TO AN EXPRESSION OF APOLOGY BETWEEN AND AMONG PARTIES OR POTENTIAL PARTIES TO A CIVIL ACTION, SO AS TO ENCOURAGE A STATEMENT OF APOLOGY BETWEEN A HEALTH CARE PROVIDER, HEALTH CARE INSTITUTION, AND PATIENTS EXPERIENCING AN UNANTICIPATED OUTCOME RESULTING FROM THEIR MEDICAL CARE.
Senator RICHARDSON explained the Bill.
S. 1174 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 42-3-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RELATIONSHIP BETWEEN THE CHAIRMAN, EXECUTIVE ASSISTANT, AND ADMINISTRATIVE DIRECTOR OF THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION, SO AS TO ELIMINATE THE POSITION OF EXECUTIVE ASSISTANT FOR THE JUDICIAL DEPARTMENT; TO AMEND SECTION 42-3-80, AS AMENDED, RELATING TO THE ADMINISTRATIVE DIRECTOR OF THE ADMINISTRATIVE DEPARTMENT OF THE WORKERS' COMPENSATION COMMISSION, SO AS TO CHANGE THE NAME OF THE ADMINISTRATIVE DIRECTOR TO THE EXECUTIVE DIRECTOR; AND TO REPEAL SECTION 42-3-50, RELATING TO THE EXECUTIVE ASSISTANT FOR THE JUDICIAL DEPARTMENT.
S. 910 (Word version) -- Senators Knotts, Peeler and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-39 SO AS TO REQUIRE NURSES TO WEAR AN IDENTIFICATION BADGE; TO AMEND SECTION 40-33-32, RELATING TO NURSING LICENSURE REQUIREMENTS, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE; TO AMEND SECTION 40-33-34, RELATING TO THE SCOPE OF PRACTICE AUTHORIZED FOR VARIOUS LEVELS OF NURSING AND REQUIREMENTS FOR CERTAIN SPECIFIED ACTS OF NURSING, SO AS TO CLARIFY INFORMATION THAT MUST BE PROVIDED BY NURSES WITH PRESCRIPTIVE AUTHORITY WHEN WRITING PRESCRIPTIONS; TO AMEND SECTION 40-33-35, RELATING TO LICENSURE REQUIREMENTS FOR OUT-OF-STATE NURSES, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE; TO AMEND SECTION 40-33-36, RELATING TO THE ISSUANCE OF NURSING LICENSES, INCLUDING REQUIREMENTS FOR TEMPORARY AND LIMITED LICENSES, SO AS TO ALSO APPLY THESE REQUIREMENTS TO TEMPORARY AND LIMITED LICENSES OF ADVANCED PRACTICE REGISTERED NURSES; TO AMEND SECTION 44-33-40, AS AMENDED, RELATING TO REQUIREMENTS FOR DEMONSTRATING COMPETENCY FOR INITIAL AND RENEWAL LICENSURE, SO AS TO CLARIFY CERTAIN REQUIREMENTS AND TO APPLY CERTAIN OF THESE REQUIREMENTS TO INDIVIDUALS SEEKING REINSTATEMENT OF A LAPSED OR INACTIVE STATUS OR LICENSURE OF A PERSON WHO IS AUTHORIZED TO PRACTICE OUT-OF-STATE; AND TO AMEND SECTION 40-33-190, RELATING TO THE CONFIDENTIALITY OF COMPLAINTS, HEARINGS, AND OTHER MATTERS RELATING TO ALLEGED VIOLATIONS CONCERNING THE LICENSURE AND REGULATION OF NURSES, SO AS TO FURTHER CLARIFY THE CONFIDENTIALITY OF THESE MATTERS.
Senator FAIR explained the Bill.
S. 1032 (Word version) -- Senator Lourie: A BILL TO AMEND SECTION 44-63-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELAYED BIRTH CERTIFICATES, SO AS TO FURTHER SPECIFY THE PROCEDURES FOR OBTAINING A COURT-ORDERED BIRTH CERTIFICATE, INCLUDING REQUIRING ATTACHMENT OF A CERTIFICATION TO THE PETITION FROM THE STATE REGISTRAR OF VITAL STATISTICS STATING THAT NO BIRTH RECORD HAS BEEN LOCATED AND ADDITIONAL INFORMATION REQUIRED TO BE INCLUDED IN THE ORDER ESTABLISHING THE RECORD OF BIRTH.
S. 1046 (Word version) -- Senator O'Dell: A BILL TO AMEND SECTION 44-29-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DIRECT AND SUPERVISE VACCINATION, SCREENING, AND IMMUNIZATION, SO AS TO AUTHORIZE THE DEPARTMENT TO ESTABLISH AN IMMUNIZATION REGISTRY.
Senator BRYANT desired to be recorded as voting against the third reading of S. 1046.
The following Bills and Joint Resolution, having been read the second time, were ordered placed on the Third Reading Calendar:
S. 1370 (Word version) -- Senator Drummond: A BILL TO AMEND ACT 145 OF 2001, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF NINETY SIX SCHOOL DISTRICT 52 IN GREENWOOD COUNTY, TO PROVIDE THAT IF THE NUMBER OF CANDIDATES FOR THE BOARD OF TRUSTEES IS EQUAL TO OR LESS THAN THE NUMBER OF POSITIONS TO BE FILLED, THE COUNTY ELECTION COMMISSION SHALL DECLARE THOSE CANDIDATES ELECTED.
By prior motion of Senator DRUMMOND
S. 1363 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 35-1-405 OF THE 1976 CODE, RELATING TO THE S.C. UNIFORM SECURITIES ACT OF 2005, FEDERAL COVERED INVESTMENT ADVISER NOTICE FILING REQUIREMENTS, SO AS TO PROVIDE THE CORRECT CITATION; AND TO AMEND SECTION 35-1-702, RELATING TO FEES, SO AS TO PROVIDE THAT THE CORRECT FEE FOR A BROKER-DEALER RENEWAL IS ONE HUNDRED TEN DOLLARS.
S. 1287 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 56-23-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVER INSTRUCTOR PERMITS, SO AS TO PROVIDE THAT PRIVATE HIGH SCHOOL INSTRUCTORS ARE NOT REQUIRED TO PAY A FEE FOR A DRIVER INSTRUCTOR PERMIT.
S. 1346 (Word version) -- Senator Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-115 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL PROVIDE PUBLIC NOTICE PRIOR TO THE ISSUANCE OF A CONSTRUCTION PERMIT FOR A FACILITY THAT STORES SLUDGE OR OTHER RESIDUALS AND THAT IS NOT LOCATED AT THE SITE OF AN EXISTING WASTEWATER OR SLUDGE TREATMENT FACILITY.
Senator SHEHEEN explained the Bill.
On motion of Senator SHEHEEN, S. 1346 was ordered to receive a third reading on Thursday, April 27, 2006.
H. 4581 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-BOARD OF NURSING, RELATING TO NURSE LICENSURE COMPACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 3035, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 792 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO PROVIDE THAT THE CREATION OF A PROTECTED CELL DOES NOT CREATE A LEGAL PERSON SEPARATE FROM A SPECIAL PURPOSE FINANCIAL CAPTIVE (SPFC), TO PROVIDE THAT SECURITIES ISSUED BY A SPFC PURSUANT TO INSURANCE SECURITIZATION ARE NOT CONSIDERED TO BE INSURANCE OR INSURANCE CONTRACTS; TO PROVIDE REPORTING REQUIREMENTS FOR HEALTH MAINTENANCE ORGANIZATIONS, TO CHANGE THE DATE FOR THE APPLICABILITY OF SERVICES FURNISHED FOR MEDICAL, SURGICAL, AND MENTAL BENEFITS COVERAGE, TO PROVIDE THAT THE SOUTH CAROLINA SMALL EMPLOYER INSURER REINSURANCE PROGRAM SHALL SELECT A LICENSED ADMINISTRATOR, TO FURTHER DEFINE COVERAGE FOR AN INDIVIDUAL UNDER THE AGE OF SIXTY-FIVE UNDER THE SOUTH CAROLINA HEALTH INSURANCE POOL AND TO PROVIDE MEDICARE SUPPLEMENTAL HEALTH INSURANCE COVERAGE TO AN INDIVIDUAL FOR REASONS OTHER THAN AGE, TO AUTHORIZE THE GOVERNING BOARD OF THE REINSURANCE FACILITY TO DECLARE AN ASSESSMENT ON INSURERS, TO CHANGE THE COMPOSITION OF THE REINSURANCE FACILITY BOARD, TO AUTHORIZE THE DIRECTOR OF INSURANCE TO ISSUE A LICENSE TO A CAPTIVE INSURANCE COMPANY IF THE COMPANY PROVIDES THE DIRECTOR WITH EVIDENCE OF MINIMUM REQUIRED UNIMPAIRED PAID-IN CAPITAL, TO AUTHORIZE THE DIRECTOR OF INSURANCE TO ISSUE A LICENSE TO A CAPTIVE INSURANCE COMPANY CONDITIONED ON EVIDENCE OF MINIMUM REQUIRED FREE SURPLUS, TO CLARIFY ON WHAT THE TAX IS PAYABLE WITH REGARD TO THE TAX PAID TO THE DEPARTMENT OF INSURANCE BY A CAPTIVE INSURANCE COMPANY, TO INCREASE FROM TEN TO TWENTY PERCENT THE AMOUNT OF FUNDS THE DEPARTMENT OF INSURANCE MAY TRANSFER INTO THE CAPTIVE INSURANCE REGULATORY AND SUPERVISION FUND, TO CHANGE AND ADD A SPFC'S REQUIREMENTS TO TRANSACT BUSINESS IN THIS STATE, TO DELETE THE REQUIREMENT THAT CAPITAL STOCK OF A SPFC MUST BE ISSUED AT NOT LESS THAN PAR VALUE, TO CHANGE THE PROCEDURE FOR ESTABLISHING PROTECTED CELLS, TO REQUIRE A SPFC'S PLAN OF OPERATION BE FILED IF APPROVED OR REQUIRED BY THE DIRECTOR OF INSURANCE, TO AUTHORIZE THAT THE DIRECTOR SUSPEND OR REVOKE THE LICENSE OF A SPFC FOR FAILURE TO MEET CERTAIN PROVISIONS, TO ADD ADDITIONAL GROUNDS FOR THE DIRECTOR TO PETITION THE CIRCUIT COURT WITH REGARD TO A SPFC, TO MODIFY THE STANDARDS AND CRITERIA APPLICABLE IN A CONTESTED CASE BROUGHT BY A THIRD PARTY BASED ON THE DECISION OF THE DIRECTOR INVOLVING A SPFC, TO DELAY THE REPEAL OF ARTICLE 5, CHAPTER 77, TITLE 38 UNTIL 2010, AND TO DELAY THE EFFECTIVE DATE OF SECTION 38-43-106(H) UNTIL 2010. (ABBREVIATED TITLE)
Senator MALLOY asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Banking and Insurance.
The Committee on Banking and Insurance proposed the following amendment (DKA\3653DW06), which was adopted:
Amend the bill, as and if amended, Section 38-13-400(A), SECTION 3, page 7, line 42, by deleting /2005/ and inserting / 2006 /.
When amended Section 38-13-400(A) reads:
/ (A) Effective January 1, 1995, every each insurer domiciled in this State and, effective July 1, 2006, each health maintenance organization domiciled in this State, shall file a report with the director or his designee disclosing material acquisitions and dispositions of assets or material nonrenewals, cancellations, or revisions of ceded reinsurance agreements, unless such these acquisitions and dispositions of assets or material nonrenewals, cancellations, or revisions of ceded reinsurance agreements have been submitted to the director or his designee for review, approval, or information purposes pursuant to other provisions of the insurance laws, regulations, or other requirements. /
Amend further, page 11, subsection (F) of Section 38-71-880 as contained in SECTION 6, by deleting on line 22 / 2005 / and inserting / 2006 /.
When amended Section 38-71-880(F) reads:
/ (F) This section shall does not apply to benefits for services furnished on or after December 31, 2003 2006. /
Amend further, page 15, by deleting SECTION 14 in its entirety.
Amend further, beginning on page 15 and line 33, by striking in its entirety Section 38-77-580(A) as contained in SECTION 15, and inserting:
/ (A) The operations and affairs of the facility are under the direction and control of a governing board of nineteen five persons of whom four must be residents of South Carolina appointed by the Governor of South Carolina to represent consumers. The director shall appoint eight three persons to represent the insurance industry. In making these appointments, the director may accept nominations for qualified individuals from the American Insurance Association, the National Association of Independent Insurers, The Alliance of American Insurers, and any other individual, group, or trade or professional association. However, of the eight persons appointed to represent the insurance industry, not less than five Three persons must be either residents of South Carolina and those who are not residents of South Carolina or must have job responsibilities that include the supervision over South Carolina operations; not less than two must be officers or employees of insurers licensed to transact automobile insurance in South Carolina and domiciled therein. The director shall appoint six persons to represent producers, all of whom must be residents of South Carolina. The state independent agents' association, the South Carolina Professional Auto Insurance Agents' Association, the state professional insurance agents' association, and any other individual, group, or insurance agent, trade, or professional association may nominate qualified candidates for appointment. Vacancies on the board must be published in newspapers of general, statewide circulation. /
Amend further, Section 38-90-40(C), SECTION 16, page 18, by inserting after / any / on line 34 / policy, assume any liability, or otherwise provide /.
When amended Section 38-90-40(C) reads:
/ (C) For purposes of subsections (A) and (B), the director may issue a license expressly conditioned upon the captive insurance company providing to the director satisfactory evidence of possession of the minimum required unimpaired paid-in capital. Until this evidence is provided, the captive insurance company may not issue any policy, assume any liability, or otherwise provide coverage. The director summarily may revoke the conditional license without legal recourse by the company if satisfactory evidence of the required capital is not provided within a maximum period of time, not to exceed one year, to be established by the director at the time the conditional license is issued. /
Amend further, Section 38-90-50(C), SECTION 17, page 21, by inserting after / any / on line 9 / policy, assume any liability, or otherwise provide /.
When amended Section 38-90-50(C) reads:
/ (C) For purposes of subsections (A) and (B), the director may issue a license expressly conditioned upon the captive insurance company providing to the director satisfactory evidence of possession of the minimum required free surplus. Until this evidence is provided, the captive may not issue any policy, assume any liability, or otherwise provide coverage. The director summarily may revoke the conditional license without legal recourse by the company if satisfactory evidence of the required capital is not provided within a maximum period of time, not to exceed one year, to be established by the director at the time the conditional license is issued. /
Amend further, page 40, by deleting SECTIONS 30 and 31 in their entirety.
Amend further by adding an appropriately numbered SECTION to read:
/ SECTION __. The first paragraph of Section 38-75-370 of the 1976 Code is amended to read:
"All members of the association shall participate in its writings, expenses, profits, and losses in the proportion that the net direct premium of the member written in this State during the preceding calendar year two years before the current year bears to the aggregate net direct premiums written in this State by all members of the association, as certified to the association by the department after review of annual statements, other reports, and other statistics which the department considers necessary to provide the information required and which the department is authorized to obtain from a member of the association. After certification by the department, the association may rely on the member company's annual statement in determining the company's participation in profits and losses for each year. /
Renumber SECTIONS to conform.
Amend title to conform.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
Senator MALLOY asked unanimous consent to make a motion to take up further amendments on S.792, pursuant to the provisions of Rule 26B.
There was no objection.
S. 881 (Word version) -- Senator Ritchie: A BILL TO AMEND ARTICLES 1 AND 3, CHAPTER 47 OF TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF PHYSICIANS, SURGEONS, AND OSTEOPATHS, TO PROVIDE FOR THE COMPOSITION OF THE STATE BOARD OF MEDICAL EXAMINERS, ITS POWERS AND DUTIES; PROVIDE FOR THE MEDICAL DISCIPLINARY COMMISSION, ITS COMPOSITION, POWERS, AND DUTIES; DEFINE CERTAIN TERMS; PROVIDE THAT OSTEOPATHIC PHYSICIANS AND SURGEONS HAVE THE SAME RIGHTS AND PRIVILEGES AS PHYSICIANS AND SURGEONS OF OTHER SCHOOLS OF MEDICINE WITH RESPECT TO CERTAIN CIRCUMSTANCES; PROVIDE THE RESTRICTIONS ON PRACTICING MEDICINE AND PROVIDE FOR LICENSED AND UNLICENSED PERSONS; PROVIDE FOR LICENSING AND A COMPREHENSIVE LICENSING PROCEDURE INCLUDING INITIAL LICENSURE, REINSTATEMENT, REACTIVATION, AND RENEWAL, PROVIDE CONTINUING EDUCATION REQUIREMENTS, PROVIDE THAT THE ADMINISTRATIVE LAW COURT SHALL REVIEW CERTAIN ACTIONS OF THE BOARD UPON PETITION OF THE APPLICANT OR LICENSEE; PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL PROVIDE CERTAIN OPERATIONS AND ACTIVITIES TO THE BOARD; PROVIDE THAT PRACTITIONERS SHALL CONDUCT THEMSELVES ACCORDING TO THE CODE OF ETHICS ADOPTED BY THE BOARD; PROVIDE THAT THE DEPARTMENT SHALL INVESTIGATE COMPLAINTS AND VIOLATIONS AND PROVIDE THE BOARD WITH THE AUTHORITY NECESSARY TO FULLY INVESTIGATE COMPLAINTS AND VIOLATIONS; PROVIDE ADDITIONAL GROUNDS FOR DISCIPLINARY ACTION AND DEFINE WHEN A LICENSEE HAS COMMITTED MISCONDUCT; PROVIDE THE PROCEDURE FOR HOW THE BOARD SHALL REVOKE, SUSPEND, OR RESTRICT A LICENSE OF LIMIT OR DISCIPLINE A LICENSEE WITH THE RIGHT OF REVIEW BY THE ADMINISTRATIVE LAW COURT; PROVIDE FOR A PROFESSIONAL COMPETENCY, MENTAL, OR PHYSICAL EXAMINATION AND THE CONFIDENTIALITY OF THE EXAMINATION; PROVIDE THE JURISDICTION OF THE BOARD; PROVIDE FOR THE PROCEDURE FOR AN INITIAL COMPLAINT AND AN INVESTIGATION REGARDING PROFESSIONAL MISCONDUCT; PROVIDE FOR WHEN A FORMAL COMPREHENSIVE DISCIPLINARY PROCESS INCLUDING DISCIPLINARY ACTIONS THE BOARD MAY TAKE; PROVIDE THAT A PERSON MAY NOT PRACTICE UNTIL FINAL ACTION IN THE DISCIPLINARY MATTER IF HE VOLUNTARILY SURRENDERS HIS AUTHORIZATION TO PRACTICE WHILE UNDER INVESTIGATION OF A VIOLATION; FINAL DECISION BY THE BOARD MAY BE REVIEWED BY THE ADMINISTRATIVE LAW COURT; AND PROVIDE THAT THE DEPARTMENT, IN ADDITION TO INSTITUTING A CRIMINAL PROCEEDING, MAY INSTITUTE A CIVIL ACTION THROUGH THE ADMINISTRATIVE LAW COURT FOR INJUNCTIVE RELIEF AGAINST A PERSON OR ENTITY FOR CERTAIN VIOLATIONS AND PROVIDE A PENALTY.
(ABBREVIATED TITLE)
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.
Senators HUTTO and SHORT proposed the following amendment (NBD\12476AC06), which was adopted:
Amend the amendment offered by the Committee on Medical Affairs bearing document number NBD\12449AC06, as and if amended, by deleting Section 40-47-30(A)(5) and inserting:
/ (5) prohibit a licensed physician from delegating tasks to unlicensed personnel in the physician's employ and on the premises if:
(a) the task is delegated directly to unlicensed personnel by the physician and not through another licensed practitioner;
(b) the task is of a routine nature involving neither the special skill of a licensed person nor significant risk to the patient if improperly done;
(c) the task is performed while the physician is present on the premises and in such close proximity as to be readily available to the unlicensed person if needed;
(d) the task does not involve the verbal transmission of a physician's order or prescription to a licensed person if the licensed person requires the order or prescription to be in writing; and
(e) the unlicensed person wears an appropriate badge denoting to a patient the person's status. The unlicensed person shall wear a clearly legible identification badge or other adornment at least one inch by three inches in size bearing the person's first name at a minimum and staff position. The identification badge must be worn in a manner so that it is clearly visible to patients at all times; /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the perfecting amendment to the committee amendment.
The perfecting amendment was adopted.
The Committee on Medical Affairs proposed the following amendment (NBD\12449AC06), which was adopted:
Amend the bill, as and if amended, by deleting beginning on page 24, line 5 through page 72, line 2 and inserting:
/ Section 40-47-5. (A) Unless otherwise provided for in this chapter, Chapter 1, Title 40 applies to the profession or business regulated under this chapter. However, if there is a conflict between this chapter and Article 1, Chapter 1, Title 40, the provisions of this chapter control.
(B) Unless there is a conflict with other articles of this chapter, Article 1, Chapter 47, Title 40 applies to all programs administered through the State Board of Medical Examiners.
Section 40-47-10. (A)(1) There is created the State Board of Medical Examiners to be composed of twelve members, three of whom must be lay members, one of whom must be a doctor of osteopathic medicine, two of whom must be physicians from the State at large, and six of whom must be physicians, each representing one of the six congressional districts. All members of the board must be residents of this State, and each member representing a congressional district shall reside in the district the member represents. All physician members of the board must be licensed by the board, must be without prior disciplinary action or conviction of a felony or other crime of moral turpitude, and must be practicing their profession in this State. All lay members of the board must hold a baccalaureate degree or higher, must not have been convicted of a felony or a crime of moral turpitude, and must not be employed or have a member of their immediate family employed in a health or medically related field.
(2) The members of the board shall serve for terms of four years or until their successors are appointed and qualify. Members of the board may only serve three consecutive terms.
(3) All members of the board have full voting rights.
(4) The one lay member and one physician from the State at large must be appointed by the Governor, with the advice and consent of the Senate. Two lay members must be appointed by the Governor, with the advice and consent of the Senate, one upon the recommendation of the President Pro Tempore of the Senate and one upon the recommendation of the Speaker of the House of Representatives.
(5) The board shall conduct an election to nominate one physician from the State at large. The election must provide for participation by all physicians currently permanently licensed and residing in South Carolina. To nominate the physicians who will represent the six congressional districts, the board shall conduct an election within each district. These elections must provide for participation by all permanently licensed physicians residing in the particular district. The board shall conduct an election to nominate the doctor of osteopathic medicine from the State at large, and this election must provide for participation by any physician currently permanently licensed in this State as a doctor of osteopathic medicine. The board shall certify in writing to the Governor the results of each election. The Governor may reject any or all of the nominees upon satisfactory showing of the unfitness of those rejected. If the Governor declines to appoint any of the nominees submitted, additional nominees must be submitted in the same manner following another election. Vacancies must be filled in the same manner of the original appointment for the unexpired portion of the term.
(6) Vacancies that occur when the General Assembly is not in session may be filled by an interim appointment of the Governor in the manner provided by Section 1-3-210.
(B) Public and lay members of boards and panels must be appointed in accordance with Section 40-1-45.
(C) Board members and persons authorized by the board to engage in business for the board must be compensated for their services at the usual rate for mileage, subsistence, and per diem as provided by law for members of state boards, committees, and commissions and may be reimbursed for actual and necessary expenses incurred in connection with and as a result of their work as members or persons acting on behalf of the board.
(D) The board annually shall elect from among its members a chairman, vice-chairman, secretary, and other officers as the board determines necessary. The board may adopt rules and regulations reasonably necessary for the performance of its duties and the governance of its operations and proceedings, for the practice of medicine, for judging the professional and ethical competence of physicians, including a code of medical ethics, and for the discipline of persons licensed or otherwise authorized to practice pursuant to this chapter.
(E) The board shall meet at least four times a year and at other times upon the call of the chair or a majority of the board.
(F) A majority of the members of the board constitutes a quorum; however, if there is a vacancy on the board, a majority of the members serving constitutes a quorum.
(G) A board member is required to attend meetings or to provide proper notice and justification of inability to do so. The Governor may remove members from the board for absenteeism, as well as for other grounds provided for in Section 1-3-240.
(H) The chairman of the State Board of Medical Examiners, or the chairman's designee, shall serve as an advisory nonvoting member of the State Board of Nursing to provide consultation on matters requested by the State Board of Nursing. The Board of Nursing shall send written notice at least ten days before meetings that the Board of Nursing wants the chairman of the State Board of Medical Examiners, or the chairman's designee, to attend. The chairman of the State Board of Medical Examiners, or the chairman's designee, and the State Board of Nursing shall meet at least twice a year and more often as necessary.
(I) In addition to the powers and duties enumerated in Section 40-1-70, the board may:
(1) publish advisory opinions and position statements relating to practice procedures or policies authorized or acquiesced to by any agency, facility, institution, or other organization that employs persons authorized to practice under this chapter to comply with acceptable standards of practice;
(2) develop minimum standards for continued competency of licensees continuing in or returning to practice;
(3) adopt rules governing the proceedings of the board and may promulgate regulations for the practice of medicine and as necessary to carry out the provisions of this chapter;
(4) conduct hearings concerning alleged violations of this chapter;
(5) use minimum standards as a basis for evaluating safe and effective medical practice;
(6) license and renew the authorizations to practice of qualified applicants;
(7) approve temporary licenses, limited licenses, and other authorizations to practice in its discretion as it considers in the public interest;
(8) join organizations that develop and regulate the national medical licensure examinations and promote the improvement of the practice of medicine for the protection of the public;
(9) collect any information the board considers necessary, including social security numbers or alien identification numbers, in order to report disciplinary actions to national databanks of disciplinary information as otherwise required by law;
(10) establish guidelines to assist employers of licensees when errors in practice can be handled through corrective action in the employment setting;
(11) establish an initial fee schedule in regulations.
Section 40-47-11. (A) There is created the Medical Disciplinary Commission of the State Board of Medical Examiners to be composed of thirty-six physician members appointed by the board and twelve lay members appointed by the Governor. The physician members of the commission must be licensed physicians practicing their profession, and they must be without prior disciplinary action or conviction of a felony or other crime of moral turpitude. Five physician commissioners must be appointed from each of the six congressional districts and must reside in the district which they are appointed to represent, and six physician members of the commission must be appointed from the State at large. At-large members must be currently licensed and actively practicing medicine in this State and must reside within the State at the time of appointment and throughout their terms. One physician commissioner initially appointed from each congressional district shall serve a term of one year and until a successor is appointed and qualified. One physician commissioner initially appointed from each congressional district shall serve a term of two years and until a successor is appointed and qualified. One physician commissioner initially appointed from each congressional district shall serve a term of three years and until a successor is appointed and qualified. The successors of the initial physician commissioners shall serve terms of three years or until their successors are appointed and qualified. The members of the commission are limited to three consecutive terms. A member of the board may not simultaneously serve as a commissioner. In case of a vacancy by way of death, resignation, or otherwise, the board shall appoint a successor to serve for the unexpired portion of the term. Where justice, fairness, or other circumstances so require, the board may appoint past commissioners to hear complaints in individual cases.
(B) All lay commissioners must hold a baccalaureate degree or higher, must not have been convicted of a felony or other crime of moral turpitude, and must not be employed or have a member of their immediate family employed in a health or medically related field. Two lay commissioners must be appointed by the Governor from each of the six congressional districts, with the advice and consent of the Senate. Each lay commissioner must be a registered voter and reside in the congressional district he represents throughout his term. Each lay commissioner initially appointed from each district shall serve for a term of three years and until his successor is appointed and qualifies. Vacancies must be filled in the manner of the original appointment for the remainder of the unexpired portion of the term. The Governor may appoint a lay commissioner to serve a full term; however, a lay commissioner may not serve more than three consecutive terms.
(C) The commission is empowered to hear those formal complaints filed against practitioners authorized to practice under this chapter, unless otherwise provided in this chapter. These hearings must be conducted in accordance with the Administrative Procedures Act and with regulations promulgated by the board and must be before a panel composed of not more than three physician commissioners and one lay commissioner. The panel is empowered to hear the matters complained of and to recommend findings of fact and conclusions of law to the board. The panel shall submit a certified report of its proceedings, including its findings of fact, conclusions of law, and mitigating and aggravating circumstances, for consideration by the board in rendering a final decision and shall file this report with the department.
(D) The physician members of the commission may serve as expert reviewers and witnesses in investigations and proceedings pursuant to this chapter. A physician commissioner who serves as an expert reviewer or witness in an investigation or proceeding may not serve on the hearing panel for that particular matter or related matters.
Section 40-47-20. Definitions. In addition to the definitions provided in Section 40-1-20, as used in this chapter unless the context indicates otherwise:
(1) 'Active license' means the status of an authorization to practice that has been renewed for the current period and authorizes the licensee to practice in this State.
(2) 'Administrative hearing officer' means a physician designated by the board or director.
(3) 'Adverse disciplinary action' means a final decision by a United States or foreign licensing jurisdiction, a peer review group, a health care institution, a professional or medical society or association, or a court, which action was not resolved completely in the licensee's favor.
(4) 'Agreed to jointly' means the agreement by the Board of Nursing and Board of Medical Examiners on delegated medical acts that nurses perform and that are promulgated by the Board of Nursing in regulation.
(5) 'Approved written protocols' means specific statements developed collaboratively by the physician or the medical staff and the advanced practice registered nurse (NP, CNM, CNS) that establish physician delegation for medical aspects of care, including the prescription of medications.
(6) 'Approved written scope of practice guidelines' means specific statements developed by a physician or the medical staff and a physician assistant that establish physician delegation for medical aspects of care, including the prescription of medications.
(7) 'Board' means the State Board of Medical Examiners for South Carolina.
(8) 'Board-approved credentialing organization' means an organization that offers a certification examination in a specialty area of practice, establishes scope and standards of practice statements, and provides a mechanism approved by the board for evaluating continuing competency in a specialized area of practice.
(9) 'Business days' means every day except Saturdays, Sundays, and legal holidays.
(10) 'Cancellation' means the withdrawal or invalidation of an authorization to practice that was issued to an ineligible person either in error or based upon a false, fraudulent, or deceptive representation in the application process.
(11) 'Certification' means approval by an established body, other than the board, but recognized by the board, that recognizes the unique, minimal requirements of specialized areas of practice. Certification requires completion of a recognized formal program of study and specialty board examination, if the specialty board exists, and certification of competence in practice by the certifying agency.
(12) 'Criminal history' means a federal, state, or local criminal history of conviction or a pending charge or indictment of a crime, whether a misdemeanor or a felony, that bears upon a person's fitness or suitability for an authorization to practice with responsibility for the safety and well-being of others.
(13) 'Delegated medical acts' means additional acts delegated by a physician or dentist to a physician assistant, respiratory care practitioner, anesthesiologist's assistant, or other practitioner authorized by law under approved written scope of practice guidelines or approved written protocols as provided by law in accordance with the applicable scope of professional practice. Delegated medical acts must be performed under the supervision of a physician or dentist who must be readily or immediately available for consultation in accordance with the applicable scope of professional practice.
(14) 'Delegated medical acts to the APRN' means additional acts delegated by a physician or dentist to the Advanced Practice Registered Nurse (NP, CNM, or CNS) which may include formulating a medical diagnosis and initiating, continuing, and modifying therapies, including prescribing drug therapy, under approved written protocols as provided in Section 40-33-34 and Section 40-47-195. Delegated medical acts to the APRN (NP,CNM, or CNS) must be agreed to jointly by both the Board of Nursing and the Board of Medical Examiners. Delegated medical acts to the APRN (NP, CNM, or CNS) must be performed under the general supervision of a physician or dentist who must be readily available for consultation.
(15) 'Dentist' means a dentist licensed by the South Carolina Board of Dentistry.
(16) 'Disciplinary action' means a final decision and sanction imposed at the conclusion of a disciplinary proceeding.
(17) 'Entity' means a sole proprietorship, partnership, limited liability partnership, limited liability corporation, association, joint venture, cooperative, company, corporation, or other public or private legal entity authorized by law.
(18) 'Final decision' means an order of the board that concludes a license application proceeding or formal disciplinary proceeding.
(19) 'Formal complaint' means a formal written complaint charging misconduct by a respondent in violation of this chapter, Chapter 1 of Title 40, or any other provision of law.
(20) 'Immediately available' for the purpose of supervising unlicensed personnel means being located within the office and ready for immediate utilization when needed.
(21) 'Inactive license' means the official temporary retirement of a person's authorization to practice upon the person's notice to the board that the person does not wish to practice.
(22) 'Incompetence' means the failure of a licensee to demonstrate and apply the knowledge, skill, and care that is ordinarily possessed and exercised by other practitioners of the same licensure status and required by the generally accepted standards of the profession. Charges of incompetence may be based upon a single act of incompetence or upon a course of conduct or series of acts or omissions that extend over a period of time and that, taken as a whole, demonstrate incompetence. It is not necessary to show that actual harm resulted from the act or omission or series of acts or omissions if the conduct is such that harm could have resulted to the patient or to the public from the act or omission or series of acts or omissions.
(23) 'Independent credentials verification organization' means an entity approved by the board to provide primary source verification of an applicant's identity, medical education, postgraduate training, examination history, disciplinary history, and other core information required for licensure in this State.
(24) 'Initial complaint' means a brief statement that alleges misconduct on the part of a licensee.
(25) 'Initial licensure' means the first authorization to practice issued to a person by a licensing authority in this State or any other state.
(26) 'Lapsed license' means an authorization to practice that no longer authorizes practice in this State due to the person's failure to renew the authorization within the renewal period.
(27) 'Letter of caution or concern' means a written caution or warning about past or future conduct issued when it is determined that no misconduct has been committed. The issuance of a letter of caution or concern is not a form of discipline and does not constitute a finding of misconduct. The fact that a letter of caution or concern has been issued must not be considered in a subsequent disciplinary proceeding against a person authorized to practice unless the caution or warning contained in the letter of caution or concern is relevant to the misconduct alleged in the proceedings.
(28) 'License' means a current document authorizing a person to practice.
(29) Licensed in good standing' means that one's authorization to practice has not been revoked and there are no restrictions or limitations currently in effect. Public reprimands issued less than five years from the date an application is received by the board are considered restrictions upon practice.
(30) Limited license' means a current time-limited and practice-limited document that authorizes practice at the level for which one is seeking licensure.
(31) 'Misconduct' means violation of any of the provisions of this chapter or regulations promulgated by the board pursuant to this chapter or violation of any of the principles of ethics as adopted by the board or incompetence or unprofessional conduct.
(32) 'Osteopathic medicine' means a complete school of medicine and surgery utilizing all methods of diagnosis and treatment in health and disease and placing special emphasis on the interrelationship of the musculo-skeletal system to all other body systems.
(33) 'Pending disciplinary action' means an action or proceeding initiated by a formal complaint.
(34) 'Person' means a natural person, male or female.
(35) 'Physician' means a doctor of medicine or doctor of osteopathic medicine licensed by the South Carolina Board of Medical Examiners.
(36) 'Practice of Medicine' means:
(a) advertising, holding out to the public or representing in any manner that one is authorized to practice medicine in this State;
(b) offering or undertaking to prescribe, order, give, or administer any drug or medicine for the use of any other person;
(c) offering or undertaking to prevent or to diagnose, correct or treat in any manner, or by any means, methods, or devices, disease, illness, pain, wound, fracture, infirmity, defect, or abnormal physical or mental condition of a person, including the management or pregnancy and parturition;
(d) offering or undertaking to perform any surgical operation upon a person;
(e) rendering a written or otherwise documented medical opinion concerning the diagnosis or treatment of a patient or the actual rendering of treatment to a patient within this State by a physician located outside the state as a result of transmission of individual patient data by electronic or other means from within a state to such physician or his or her agent;
(f) rendering a determination of medical necessity or a decision affecting the diagnosis and/or treatment of a patient;
(g) using the designation Doctor, Doctor of Medicine, Doctor of Osteopathic Medicine, Physician, Surgeon, Physician and Surgeon, Dr., M.D., D.O., or any combination of these in the conduct of any occupation or profession pertaining to the prevention, diagnosis, or treatment of human disease or condition unless such a designation additionally contains the description of another branch of the healing arts for which one holds a valid license in this State that is applicable to the clinical setting; and
(h) testifying as a physician in an administrative, civil, or criminal proceeding in this State by expressing an expert medical opinion.
(37) 'Practitioner' means a person who has been issued an authorization to practice in this State. The term does not include persons who have not been issued a license, registration, certification, or other authorization to practice in this State, except as provided by law for persons licensed in another state or jurisdiction.
(38) 'Presiding officer' means the chairman of the hearing panel or a designee. When no chair of the hearing panel has been designated, the term includes the chairman or vice-chairman of the board or a designee. A person designated to act on behalf of the chairman of the board or a hearing panel may not have been involved with the investigation or prosecution of the particular matter.
(39) 'Private reprimand' means a statement by the board that misconduct was committed by a person authorized to practice which has been declared confidential and which is not subject to disclosure as a public document.
(40) 'Probation' means the issuance of an authorization to practice conditioned upon compliance with terms and conditions imposed by a licensing board in this State or another state. The holder of the authorization to practice on probation may petition the board for reinstatement to full, unrestricted practice upon compliance with all terms and conditions imposed by the board.
(41) 'Public reprimand' means a publicly available statement of the board that misconduct was committed by a person authorized to practice.
(42) Reactivation' means the restoration to active status of an authorization from inactive status.
(43) 'Readily available' means the physician must be in near proximity and is able to be contacted either in person or by telecommunications or other electronic means to provide consultation and advice to the practitioner performing delegated medical acts. When application is made for more than the equivalent of three full time NPs,CNMs or CNSs to practice with one physician, or when a NP, CNM, or CNS is performing delegated medical acts in a practice site greater then forty-five miles from the physician, the Board of Nursing and the Board of Medical Examiners shall review the application to determine if adequate supervision exists.
(44) 'Reinstatement' means an action of the board in a disciplinary matter that authorizes the resumption of practice upon any terms or conditions ordered or agreed to by the board.
(45) 'Relinquish' means to permanently cancel or invalidate an authorization instead of disciplinary proceedings or final decision by the board. A person whose authorization to practice has been relinquished to the board is permanently ineligible for a license or other authorization of any kind from the board. Relinquishment is irrevocable, an admission of any or all of the allegations of misconduct, and reported and treated as a permanent revocation.
(46) 'Respondent' means a person charged with responding in a disciplinary or other administrative action.
(47) 'Revocation' means the permanent cancellation or withdrawal of an authorization issued by the board. A person whose authorization has been permanently revoked by the board is permanently ineligible for an authorization of any kind from the board.
(48) 'Significant disciplinary action' means a public decision in a disciplinary matter that involves substantial issues of professional or ethical competence or qualification to practice. The board may consider any actions taken by the original board or conduct considered relevant to the applicant's fitness for licensure to practice in this State.
(49) 'State identification bureau' means an authorized governmental agency responsible for receiving and screening the results of criminal history records checks in this State or another state.
(50) 'Supervision' means the process of critically observing, directing, and evaluating another person's performance, unless otherwise provided by law.
(51) 'Suspension' means the temporary withdrawal of authorization to practice for either a definite or indefinite period of time ordered by the board. The holder of a suspended authorization to practice may petition the board for reinstatement to practice upon compliance with all terms and conditions imposed by the board.
(52) 'Temporary license' means a current, time-limited document that authorizes practice at the level for which one is seeking licensure.
(53) 'Unprofessional conduct' means acts or behavior that fail to meet the minimally acceptable standard expected of similarly situated professionals including, but not limited to, conduct that may be harmful to the health, safety, and welfare of the public, conduct that may reflect negatively on one's fitness to practice, or conduct that may violate any provision of the code of ethics adopted by the board or a specialty.
(54) 'Voluntary surrender' means forgoing the authorization to practice by the subject of an initial or formal complaint pending further order of the board. It anticipates other formal action by the board and allows any suspension subsequently imposed to include this time.
(55) 'Volunteer license' means authorization of a retired practitioner to provide medical services to others through an identified charitable organization without remuneration.
Section 40-47-25. Osteopathic physicians and surgeons licensed hereunder shall have the same rights and privileges as physicians and surgeons of other schools of medicine with respect to the treatment of cases, hospital privileges, and the holding of health offices or offices of public institutions. Physicians and surgeons licensed pursuant to this chapter must be licensed to practice medicine in all its branches regardless of whether the physician holds an M.D. or D.O. degree and has passed the United States Medical Licensing Examination (USMLE) or the Comprehensive Osteopathic Medical Licensing Examination (COMLEX-USA) examination sequence, or graduated from a college accredited by the Liaison Committee on Medical Education (LCME) or the American Osteopathic Association (AOA) Commission on Osteopathic College Accreditation (COCA), or successfully completed post-graduate training from the American Council for Graduate Medical Education (ACGME) approved or AOA-approved programs, or obtained American Board of Medical Specialties (ABMS) or AOA board certification, or on the basis of his or her race, color, creed, religion, sex, or national origin.
Section 40-47-30. (A) A person may not practice medicine this State unless the person is twenty-one years of age and has been authorized to do so pursuant to the provisions of this article. Nothing in this article may be construed to:
(1) prohibit service in cases of emergency or the domestic administration of family remedies;
(2) apply to those who practice the religious tenets of their church without pretending a knowledge of medicine if the laws, rules, and regulations relating to contagious diseases and sanitary matters are not violated;
(3) prohibit licensed pharmacists from selling, using, and dispensing drugs in their places of business;
(4) allow under any circumstances, physicians' assistants or optometrists' assistants to make a refraction for glasses or give a contact lens fitting;
(5) prohibit a licensed physician from delegating tasks to unlicensed personnel in the physician's employ and on the premises if:
(a) the task is of a routine nature involving neither the special skill of a licensed person nor significant risk to the patient if improperly done;
(b) the task is performed while the physician is present on the premises and in such close proximity as to be immediately available to the unlicensed person if needed;
(c) the task does not involve the verbal transmission of a physician's order or prescription to a licensed person if the licensed person requires the order or prescription to be in writing; and
(d) the unlicensed person wears a clearly legible identification badge or other adornment which is at least one inch by three inches in size bearing the person's first name, at a minimum, and staff position and which must be worn in a manner so that it is clearly visible to patients at all times;
(6) prohibit the practice of any legally qualified licensee of another state who is employed by the United States government or any department, bureau, division, or agency of the United States government, while in the discharge of official duties;
(7) prohibit students while engaged in training in a medical school approved by the board;
(8) prohibit practicing dentistry, nursing, optometry, podiatry, psychology, or another of the healing arts in accordance with state law;
(9) prohibit the practice of any legally qualified licensee of another state involved in the transport of patients to medical facilities or the lawful procurement of organs or other body parts for medical use.
(B)(1) A physician licensed in another state, territory, or other jurisdiction of the United States or of any other nation or foreign jurisdiction is exempt from the requirements of licensure in this State, if the physician:
(a) holds an active license to practice in the other jurisdiction;
(b) engages in the active practice of medicine in the other jurisdiction; and
(c) is employed or designated as the team physician by an athletic team visiting the State for a specific sporting event.
(2) A physician's practice pursuant to this section is limited to the members, coaches, and staff of the team by which the physician is employed or designated. A physician practicing in this State pursuant to this section does not have practice privileges in any licensed health care facility and is not authorized to issue orders or prescriptions or to order testing at a medical facility in this State.
(C) Nothing in this chapter may be construed to authorize a physician to delegate the performance of radiological services in violation of Chapter 74 of Title 44.
Section 40-47-31. (A) Limited licenses may be issued for postgraduate medical residency training or for employment with a state agency, as approved by the board. A limited license entitles the licensee to apply for individual controlled substance registration through the Department of Health and Environmental Control. Each limited license is valid for one year or part of one year. Renewal may be considered upon approval of the board. A special limited license also may be issued to a physician licensed in another state for up to fourteen days not more than four times a year in order to authorize practice under supervision for training involving direct patient care or to explore potential employment relationships.
(B) Applicants for a limited license for medical residency training who are graduates of an approved medical school located in the United States or Canada must complete and submit an application and the appropriate application fee. A completed application must include the following:
(1) a copy of a contract in which the applicant has been offered a position in a medical residency training program accredited by the American Council for Graduate Medical Education or American Osteopathic Association or a fellowship or a letter from the institution stating the applicant has been recommended for a medical residency training program or a fellowship. The recommendation letter must be addressed and mailed directly to the board office from the institution;
(2) a certification of medical education form approved by the board to be completed by the dean, the president or the registrar of the applicant's medical school or as approved by the board;
(3) a supervising physician form approved by the board to be completed by the chairman or residency director of the training program;
(4) letters of recommendation from licensed physicians recommending the applicant for a limited license in this State; and
(5) verification of licensure in other states, if applicable.
(C) An applicant for a limited license for medical residency training who is a graduate of a medical school located outside the United States or Canada may be considered on an individual basis. Such applicants shall complete and submit an application and the appropriate application fee. In addition to all other requirements, a completed application must include a copy of a current or permanent Educational Commission for Foreign Medical Graduates (ECFMG) certificate or documentation of successful completion of a Fifth Pathway program, or both. The board may waive this requirement if the applicant has a full-time academic faculty appointment at the rank of assistant professor or greater in a medical school in this State accredited by the American Council for Graduate Medical Education or the American Osteopathic Association. This requirement also may be waived if the applicant:
(1) has been licensed for five years or more without significant disciplinary action; and
(2) holds current certification by a specialty board recognized by the American Board of Medical Specialties or the American Osteopathic Association or another organization approved by the board.
(D) A physician in a medical residency training program in this State may apply for a permanent license at least ninety days before his or her limited license expires. No part of a limited license application may be applied to an application for a permanent license. Each application must be filed separately.
(E) A new application for a limited license for employment with a state agency may not be authorized after January 1, 2001. A current holder of a limited license for employment with a state agency may renew his or her limited license if no change of agency has occurred. A change in agency may be approved upon presentation to the board of a copy of a contract in which the limited license holder has been offered a position within the South Carolina Department of Corrections, the South Carolina Department of Health and Environmental Control, the South Carolina Department of Mental Health, or the South Carolina Department of Disabilities and Special Needs.
(F) A special limited license may be issued to a physician licensed in another state to authorize practice under supervision for training involving direct patient care or to explore potential employment relationships. The applicant must submit the following items:
(1) a completed application and payment of applicable fees; and
(2) a documentation from the supervising physician relating the purpose and dates requested.
(G) An emergency limited license may be issued to a physician actively licensed in another state who is in good standing in accordance with Section 40-47-160(B) and whose place of established practice has been the subject of an emergency disaster declaration by an appropriate federal or state authority. An emergency limited license is valid for one year and may be renewed upon approval of the board. This license must be limited to practice in this State while associated with a licensed physician in this State who holds an unrestricted, permanent license or while employed by a licensed healthcare facility in this State. The applicant must submit the following items:
(1) a completed application and payment of applicable fees, and
(2) such documentation as may be acceptable to the board under the circumstances to demonstrate eligibility for the limited license, including documentation of an existing license in good standing authorizing professional practice in the state which is subject to the emergency disaster declaration.
(H) A temporary license may be issued to an applicant who has met all requirements for the issuance of a permanent license, except such final verifications as may be required. A temporary license is valid for three months or more, if approved by the board. Renewal may be considered upon approval of the board.
(I) The board may not issue a limited or temporary license to a licensed physician of another state of the United States:
(1) whose license is currently revoked, suspended, restricted in any way, or on probationary status in that state; or
(2) who currently has disciplinary action pending in any state.
Section 40-47-32. (A) To obtain a permanent license to practice medicine in this State an applicant shall comply with the requirements of this section.
(B)(1) An applicant shall must document to the satisfaction of the board graduation from a:
(a) medical school located in the United States or Canada that is accredited by the Liaison Committee on Medical Education or other accrediting body approved by the board;
(b) school of osteopathic medicine located in the United States or Canada accredited by the Commission on Osteopathic College Accreditation or other accrediting body approved by the board;
(c) medical school located outside the United States or Canada.
(2) An applicant who graduated from a medical school located outside of the United States shall:
(a)(i) possess a permanent Standard Certificate from the Education Commission on Foreign Medical Graduates (ECFMG); and
(ii) document a minimum of three years of progressive postgraduate medical residency training in the United States approved by the Accreditation Council for Graduate Medical Education (ACGME), American Osteopathic Association (AOA) or postgraduate training in Canada approved by the Royal College of Physicians and Surgeons, except that if an applicant has been licensed in another state for ten years or more, the applicant is only required to document one year of postgraduate residency training approved by the board; or
(b)(i) document successful completion of a Fifth Pathway Program; and
(ii) complete a minimum of three years progressive postgraduate medical residency training in the United States approved by the ACGME or AOA or postgraduate training in Canada approved by the Royal College of Physicians and Surgeons or be board eligible or board certified by a specialty board recognized by the American Board of Medical Specialties (ABMS), the AOA, or another organization approved by the board;
(c) notwithstanding the provisions of this subsection, the board may waive the ECFMG or Fifth Pathway requirement if the applicant is to have a full-time academic faculty appointment at the rank of assistant professor or greater at a medical school in this State.
(C) An applicant shall document to the satisfaction of the board successful completion of:
(1) all parts of the National Board of Medical Examiners Examination in approved sequence;
(2) all parts of the National Board of Osteopathic Medical Examiners Examination in approved sequence;
(3) the Federation Licensing Exam (FLEX) based on standards established by the board;
(4) the United States Medical Licensing Examination (USMLE) based on standards established by the board;
(5) the Medical Council of Canada Qualifying Examination (MCCQE) in approved sequence;
(6) the Comprehensive Osteopathic Medical Licensing Examination (COMLEX-USA);
(7) a written state examination of another state medical, osteopathic, or composite board prior to 1976, and current certification by a specialty board recognized by the American Board of Medical Specialties, the American Osteopathic Association, or another organization approved by the board; or
(8) combinations of the FLEX, National Board of Medical Examiners, and USMLE acceptable to the Composite Committee of the USMLE and approved by the board. These combinations may be accepted only if taken before 1999.
(D) In addition to meeting all other licensure requirements, an applicant shall pass the Special Purpose Examination (SPEX) or the Composite Osteopathic Variable-Purpose Examination (COMVEX), unless the applicant can document within ten years of the date of filing a completed application to the board one of the following:
(1) National Board of Medical Examiners examination;
(2) National Board of Osteopathic Medical Examiners examination;
(3) FLEX;
(4) USMLE;
(5) MCCQE;
(6) SPEX;
(7) COMVEX;
(8) COMLEX-USA;
(9) ECFMG;
(10) certification, re-certification, or a certificate of added qualification examination by a specialty board recognized by either the American Board of Medical Specialties (ABMS), the American Osteopathic Association (AOA), or other organization approved by the board; or
(11) maintenance of certification by a specialty board recognized by the American Board of Medical Specialties, the American Osteopathic Association, or another organization approved by the board, as evidenced by having acquired one hundred fifty hours of Category I continuing medical education approved by the American Medical Association or American Osteopathic Association, as appropriate, and the specialty board of the applicant during the three years preceding the date of application.
(E) The additional examination required pursuant to subsection (D) must be waived if the applicant is to practice in a position within the South Carolina Department of Corrections, South Carolina Department of Health and Environmental Control, South Carolina Department of Mental Health, or the South Carolina Department of Disabilities and Special Needs. A license issued pursuant to this waiver is immediately invalid if the individual leaves that position or acts outside the scope of employment within the department. A change in agency may be approved upon presentation to the board of a copy of a contract in which the individual has been offered a position within the South Carolina Department of Corrections, the South Carolina Department of Health and Environmental Control, the South Carolina Department of Mental Health, or the South Carolina Department of Disabilities and Special Needs.
(F) In addition to the following standards, the board shall establish minimum standards of performance to be attained on examinations for an applicant to qualify for licensure:
(1) For FLEX examinations taken before June 1, 1985, the following standards apply:
(a) An applicant for permanent licensure shall obtain, in one sitting, a FLEX weighted average score of at least seventy-five on the examination.
(b) FLEX examinations taken before June 1, 1985, were administered in three days and the days were referred to as Day 1, Day 2, and Day 3. In case of failure, the results of the first three takings of each day must be considered by the board, and the board may consider the results from a fourth taking of any day; however, the applicant has the burden of presenting special and compelling circumstances why a result from a fourth taking should be considered. These circumstances may include, but are not limited to, the applicant's additional medical education or training, the applicant's score on the third taking, or other special or compelling circumstances. Under no circumstances may the board consider results received after the fourth taking of Day 1, Day 2, or Day 3, except that a subsequent taking may be considered by the board for an applicant who currently holds a certification, re-certification, or a certificate of added qualification by a specialty board recognized by the ABMS, AOA, or another organization approved by the board.
(2) For FLEX examinations taken after June 1, 1985, the following standards apply:
(a) An applicant for permanent licensure shall obtain a score of seventy-five or more on both Component I and Component II. An applicant shall pass both components within five years of the first taking of any component of this examination.
(b) FLEX examinations taken after June 1, 1985, were administered as Component 1 and Component 2. In case of failure, the results of the first three takings of each component must be considered by the board. The board may consider the results from a fourth taking of any component; however, the applicant has the burden of presenting special and compelling circumstances why a result from a fourth taking should be considered. These circumstances may include, but are not limited to, the applicant's additional medical education or training, the applicant's score on the third taking, or other special or compelling circumstances. Under no circumstances may the board consider results received after the fourth taking of Component 1 or Component 2, except that a subsequent taking may be considered by the board for an applicant who currently holds a certification, re-certification, or a certificate of added qualification by a specialty board recognized by the ABMS, AOA, or another organization approved by the board.
(3) For the United States Medical Licensing Examination or the Comprehensive Osteopathic Medical Licensing Examination, or the Medical Council of Canada Qualifying Examination, the applicant shall pass all steps within ten years of passing the first taken step. The results of the first three takings of each step examination must be considered by the board. The board may consider the results from a fourth taking of any step; however, the applicant has the burden of presenting special and compelling circumstances why a result from a fourth taking should be considered. These circumstances may include, but are not limited to, the applicant's additional medical education or training, the applicant' s score on the third taking, or other special or compelling circumstances. Under no circumstances may the board consider results received after the fourth taking of any step, except that a subsequent taking may be considered by the board for an applicant who currently holds a certification, re-certification, or a certificate of added qualification by a specialty board recognized by the ABMS, AOA, or another organization approved by the board.
(G) With respect to postgraduate medical residency training requirements, the following standards apply:
(1) Graduates of approved medical or osteopathic schools located in the United States or Canada shall document the successful completion of a minimum of one year of postgraduate medical residency training approved by the board.
(2) Graduates of medical schools located outside the United States or Canada shall document a minimum of three years of progressive postgraduate medical residency training approved by the board, except that these graduates who have completed at least two and one-half years of progressive postgraduate medical residency training in the program in which they are currently enrolled may be issued a license upon certification from the program of their good standing and expected satisfactory completion. These graduates who have been licensed in another state for five years or more without significant disciplinary action need only document one year of postgraduate residency training approved by the board. A foreign graduate may satisfy the three year postgraduate training requirement with at least one year of approved training in combination with certification by a specialty board recognized by the ABMS, AOA or another organization approved by the board.
(3) The board may accept a full-time academic appointment at the rank of assistant professor or greater in a medical or osteopathic school in the United States as a substitute for and instead of postgraduate medical residency training. Each year of this academic appointment may be credited as one year of postgraduate medical residency training for purposes of the board's postgraduate training requirements.
(4) For purposes of satisfying postgraduate medical residency training requirements, the board may accept postgraduate training in the United States approved by the Accreditation Council on Graduate Medical Education or the American Osteopathic Association or postgraduate training in Canada approved by the Royal College of Physicians and Surgeons.
(H) An applicant may be denied licensure if the individual has committed acts or omissions that are grounds for disciplinary action as provided for in Section 40-47-110. The board or department immediately may cancel an authorization that was issued based on false, fraudulent, or misleading information provided by an applicant.
(I) The board may grant or refuse licensure to licentiates of the National Board of Medical Examiners, the Medical Council of Canada, or of the National Board of Osteopathic Medical Examiners without further examination and may make and establish all necessary rules and regulations for the endorsement of licensure issued by other state boards having substantially equivalent requirements.
(J) An applicant for a permanent license shall document compliance with applicable continued competency requirements.
(K) An applicant shall file a completed application, with required supporting documentation, on forms provided by the department. Primary source verification of an applicant's identity, medical education, postgraduate training, examination history, disciplinary history, and other core information required for licensure in this State must be provided through an independent credentials verification organization approved by the board.
(L) A non-refundable permanent license application fee must be submitted with the application. Applications will not be processed without the required fee.
(M) The board must not issue a permanent license to a licensed physician of another state of the United States:
(1) whose license is currently revoked, suspended, restricted in any way, or on probationary status in that state; or
(2) who currently has disciplinary action pending in any state.
Section 40-47-33. (A) The issuance of an academic license is initiated by a written request from the dean of the medical school outlining the candidate's credentials, proposed role at the academic institution, and the reasons for requesting an exception to the usual course of permanent licensure. The candidate shall meet the following requirements:
(1) The individual must have the rank of assistant professor or higher.
(2) The individual must have established academic credentials and a compelling reason to be invited by the dean.
(3) The academic license may be used only in the educational setting or in a training program associated with the medical school; and
(4) Use of the academic license is limited to the designated practice site only. It is not for independent practice or 'moonlighting' situations.
(B) In that an academic license is issued at the dean's request for his accommodation, the dean is professionally responsible under Section 40-47-110 for the academic licensee's compliance with the limitations of practice under an academic license.
Section 40-47-34. (A) The board shall waive all application fees, examination fees, and annual re-registration fees for an applicant who applies for a special volunteer license and who otherwise meets permanent licensure requirements if the applicant documents, to the satisfaction of the board, that practice is to be exclusively and totally devoted to providing medical care to the needy and indigent in this State. To be eligible for the waiver of these fees, an applicant shall acknowledge that there is no expectation of payment or compensation for any medical services rendered, or compensation or payment to the applicant, either direct or indirect, monetary or in-kind, for the provision of medical services. A special volunteer license entitles the licensee to apply for individual controlled substance registration through the Department of Health and Environmental Control.
(B) A special volunteer license may be issued to a qualified applicant upon approval by the board. Practice must be limited to each specific site and practice setting approved by the board. There must be no licensure or other fees associated with a special volunteer license.
(C) Requirements for a special volunteer license are as follows:
(1) satisfactory completion of a special volunteer license application, including documentation of medical or osteopathic school graduation and practice history;
(2) documentation of specific proposed practice location;
(3) documentation that the applicant previously has been issued an unrestricted license to practice medicine in South Carolina or in another state of the United States or Canada and that the applicant has never been the subject of any significant disciplinary action in any jurisdiction;
(4) documentation that the applicant shall only practice under the supervision of a supervising physician approved by the board. In order to ensure that public health, safety and welfare are protected, the board shall review the proposed supervisory relationship to ensure that the physician supervisor is competent to supervise the special volunteer licensee. Factors the board shall consider include, but are not limited to, the training and practice experience of the supervising physician, the current nature and extent of the supervising physician's practice, the existence of any recent demonstration of the supervising physician's clinical competency, and the number of special volunteer licensees the physician proposes to supervise;
(5) documentation of the name of the supervising physician and that the physician has agreed to accept this supervisory responsibility. Supervising physicians shall possess an active, unrestricted permanent license to practice medicine in this State. An approved supervising physician physically must be on the premises whenever a special volunteer licensee is practicing medicine;
(6) documentation and acknowledgement that the applicant may not receive payment or compensation, either direct or indirect, or have any expectation of payment or compensation for medical services rendered, and the supervising physician may not receive compensation or payment as the result of the special volunteer licensee's provision of medical services.
Section 40-47-35. (A) The board may issue a license to a physician licensed in good standing in another state who has been engaged to testify as an expert medical witness in an administrative, civil, or criminal proceeding in this State. The license only shall authorize practice in this State as an expert medical witness in a particular proceeding in this State. This license must be valid for the duration of the particular proceeding for which it is issued. This license must authorize only practice in this State that is related directly to the particular proceeding for which it is issued. A separate license must be obtained for each proceeding in which the applicant is engaged to testify as an expert medical witness in this State. The applicant shall submit the following items:
(1) a completed application and payment of applicable fees; and
(2) satisfactory documentation of the applicant's engagement as an expert witness in a particular proceeding in this State.
(B) The board may waive any part or all of a fee for this license for a physician to testify as an expert witness on behalf of a state, county, or municipal agency or office.
Section 40-47-36. (A) In addition to other requirements established by law and for the purpose of determining an applicant's eligibility for an authorization to practice, the department may require a criminal history background check of each applicant for an authorization to practice pursuant to this chapter. Each applicant may be required to furnish a full set of fingerprints and additional information required to enable a criminal history background check to be conducted by the State Law Enforcement Division or the State Identification Bureau of another state and the Federal Bureau of Investigation, if no disqualifying record is identified at the state level. Costs of conducting a criminal history background check must be borne by the applicant. The department shall keep information received pursuant to this section confidential, except that information relied upon in denying an authorization to practice may be disclosed as may be necessary to support the administrative action.
(B) In an investigation or disciplinary proceeding concerning a licensee, the department may require a criminal history background check of a licensee. A licensee may be required to furnish a full set of fingerprints and additional information required to enable a criminal history background check to be conducted by the State Law Enforcement Division or the State Identification Bureau of another state and the Federal Bureau of Investigation, if no pertinent information is identified at the state level. Costs of conducting a criminal history background check must be borne by the department and may be recovered as administrative costs associated with an investigation or hearing pursuant to this chapter, unless ordered by the board as a cost in a disciplinary proceeding. The department shall keep information received pursuant to this section confidential, except that information relied upon in an administrative action may be disclosed as may be necessary to support the administrative action.
Section 40-47-40. The continued professional competency of a physician holding a permanent license must be demonstrated in the following manner:
(1) For renewal of a permanent license initially issued during a biennial renewal period, compliance with all educational, examination, and other requirements for the issuance of a permanent license is sufficient for the first renewal period following initial licensure.
(2) For renewal of an active permanent license biennially, documented evidence of at least one of following options during the renewal period is required:
(a) forty hours of Category I continuing medical education sponsored by the American Medical Association, American Osteopathic Association, or another organization approved by the board as having acceptable standards for courses it sponsors, at least thirty hours of which must be related directly to the licensee's practice area;
(b) certification of added qualifications or recertification after examination by a national specialty board recognized by the American Board of Medical Specialties or American Osteopathic Association or another approved specialty board certification;
(c) completion of a residency program or fellowship in medicine in the United States or Canada approved by the Accreditation Council on Graduate Medical Education or American Osteopathic Association;
(d) passage of the Special Purpose Examination or Comprehensive Osteopathic Medical Variable Purpose Examination; or
(e) successful completion of a clinical skills assessment program approved by the board, such as the Institute for Physician Evaluation or the Center for Personalized Education for Physicians.
(3) For reinstatement or reactivation of a permanent license from lapsed or inactive status of less than four years, documented evidence of at least one of the following options within the preceding two years is required:
(a) forty hours of Category I continuing medical education sponsored by the American Medical Association, American Osteopathic Association, or another organization approved by the board as having acceptable standards for courses it sponsors, at least thirty hours of which must be directly related to the licensee's practice area;
(b) certification of added qualifications or recertification after examination by a national specialty board recognized by the American Board of Medical Specialties or American Osteopathic Association or another approved specialty board certification;
(c) completion of a residency program or fellowship in medicine in the United States or Canada approved by the Accreditation Council on Graduate Medical Education or American Osteopathic Association;
(d) passage of the Special Purpose Examination or Comprehensive Osteopathic Medical Variable Purpose Examination; or
(e) successful completion of a clinical skills assessment program approved by the board, such as the Institute for Physician Evaluation or the Center for Personalized Education for Physicians.
(4) For reinstatement or reactivation of a permanent license from lapsed or inactive status of four years or more, documented evidence of at least one of the following options within the preceding two years is required:
(a) certification of added qualifications or recertification after examination by a national specialty board recognized by the American Board of Medical Specialties or American Osteopathic Association or another approved specialty board certification;
(b) completion of a residency program or fellowship in medicine in the United States or Canada approved by the Accreditation Council on Graduate Medical Education or American Osteopathic Association;
(c) passage of the Special Purpose Examination or Comprehensive Osteopathic Medical Variable Purpose Examination; or
(d) successful completion of a clinical skills assessment program approved by the board, such as the Institute for Physician Evaluation or the Center for Personalized Education for Physicians.
(5) For reinstatement or reactivation of a lapsed or an inactive status of a permanent license of a licensee who has been in active practice in another state, compliance with any of the requirements of this section within the preceding two years is sufficient.
Section 40-47-41. (A) A license issued pursuant to this chapter may be renewed biennially or as otherwise provided by the board and department. A person who has not demonstrated continuing medical competence, as required by this chapter, is not eligible for issuance or renewal of an active license.
(B) A licensee shall complete the renewal form and submit the form to the board with the renewal fee. Upon receipt of the application and the fee, the department shall verify the accuracy of the application and renew the license for the applicable period. If a licensee fails to timely renew the license, the license is deemed lapsed at the close of the renewal period, and the licensee may not practice in this State until the licensee is reinstated to practice. The board may reinstate the licensee on payment of a reinstatement fee, the current renewal fee, and demonstration of continued competency satisfactory to the board. The board may deny reinstatement or take other action based on evidence of misconduct.
(C) A licensee shall notify the board in writing within fifteen business days of any change of residential address, office address, or office telephone number.
(D) A licensee shall notify the board within thirty days of any adverse disciplinary action by another United States or foreign licensing jurisdiction, a peer review group, a health care institution, a professional or medical society or association, a governmental agency, a law enforcement agency, including arrest, or a court, including indictment. Confidential information received from a licensee or other sources must continue to be maintained as confidential, except to the extent necessary for the proper disposition of the matter. Notification is not required in the case of:
(1) a nondisciplinary resignation by the licensee from a health care facility; however a resignation occurring after an incident or occurrence which could result in the revocation or suspension of or other limitation upon the licensee's privileges must be reported;
(2) a minor disciplinary action regarding the licensee's privileges in a health care facility when the action taken does not involve the revocation or suspension of or other limitation upon the licensee's privileges to practice there;
(3) a disciplinary action resulting from the licensee's failure to meet recordkeeping standards in a health care institution;
(4) a disciplinary action resulting from the licensee's failure to attend meetings of a health care institution; or
(5) other disciplinary actions as defined by the board in regulation.
Section 40-47-42. A person with an inactive license to practice medicine in this State who wishes to resume active practice shall submit an application for reactivation including:
(1) a completed application form approved by the board;
(2) the applicable reactivation fee;
(3) documented evidence of compliance with applicable continued competency requirements;
(4) written verification of licensure and disciplinary history in all states in which a license has ever been issued;
(5) a practice history, including any malpractice suits and judgments.
Section 40-47-43. A person submitting an application for renewal within one year after the expiration of the previous authorization period shall:
(1) submit a completed application on a form provided by the board;
(2) pay a renewal fee;
(3) pay a late fee of one hundred dollars for any part of each month during which the license was lapsed;
(4) provide evidence of compliance with applicable continued competency requirements; and
(5) provide a statement under oath relating any practice activity following the expiration of the previous renewal period. If unauthorized practice occurred following the expiration of the previous renewal period, a penalty of one thousand dollars must be imposed for any portion of each month in which unauthorized practice occurred. The penalty must be paid in full before the license may be renewed by the department unless otherwise provided by the board.
Section 40-47-44. In addition to compliance with all of the terms and conditions for reinstatement of a licensee required in a final order of the board, the licensee shall provide documented evidence of compliance with all other requirements for reactivation or renewal of authorization to practice before authorization may be issued. It is the licensee's responsibility to present clear and convincing evidence of rehabilitation that is satisfactory to the board. The board may require the licensee to personally appear in support of a petition for reinstatement or it may proceed upon information filed in the disciplinary matter or thereafter.
Section 40-47-45. A final action of the board relating to the granting, refusal, or cancellation of a license is subject to review by the Administrative Law Court as provided pursuant to Article 5 of Chapter 23 of Title 1 on the record of the board, as in certiorari, upon petition of the applicant or licensee within thirty days from receipt of official notice from the board of the action of which review is sought. Service of this notice conclusively must be presumed ten days after mailing by registered or certified mail to the applicant or licensee of the notice at the person's last known address. Motions for continuance and for other interlocutory relief are not subject to review by the Administrative Law Court until a final decision has been issued by the board.
Section 40-47-50. (A) The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50.
(B) Initial fees must be established by the board in statute or regulation and must serve as the basis for necessary adjustments in accordance with Section 40-1-50 to ensure that they are sufficient, but not excessive, to cover expenses, including the total of the direct and indirect costs to the State for the operations of the board.
(C) The administrator shall maintain a record of each formal complaint and of all final decisions on complaints, which must be retained permanently as part of the records of the board.
Section 40-47-70. A practitioner shall conduct himself or herself in accordance with the applicable codes of ethics adopted by the board in regulation.
Section 40-47-80. The department shall investigate complaints and violations as provided in Section 40-1-80.
Section 40-47-90. In addition to the powers and duties enumerated in Section 40-1-90, the presiding officer of the board may administer oaths when taking testimony upon any and all matters pertaining to the business or duties of the board.
Section 40-47-100. Restraining orders and cease and desist orders may be issued in accordance with Section 40-1-100.
Section 40-47-110. (A) In addition to the grounds provided in Section 40-1-110, upon finding misconduct that constitutes one or more of the grounds for disciplinary action the board may cancel, fine, suspend, revoke, issue a public reprimand or a private reprimand, or restrict, including probation or other reasonable action such as requiring additional education or training or limitation on practice, the authorization to practice of a person who has engaged in misconduct.
(B) 'Misconduct' that constitutes grounds for disciplinary action is a showing to the board by the preponderance of evidence that a licensee has:
(1) used a false, fraudulent, or forged statement or document or practiced a fraudulent, deceitful, or dishonest act in connection with a licensing requirement;
(2) been convicted of, has pled guilty to, or has pled nolo contendere to a felony or other crime involving moral turpitude or drugs. For purposes of this item, 'drugs' includes a substance whose possession, use, or distribution is governed by Article 3, Chapter 53 of Title 44, Narcotics and Controlled Substances, or which is listed in the current edition of the Physician's Desk Reference;
(3) violated a federal, state, or local law involving alcohol or drugs or committed an act involving a crime of moral turpitude. The board may receive evidence to reach an independent conclusion as to the commission of the violation; however, the determination may be used only in making the administrative decision;
(4) engaged in the habitual or excessive use or abuse of drugs, alcohol, or other substances that impair ability;
(5) attempted to practice when judgment or physical ability is impaired by alcohol, drugs, or other substances;
(6) been convicted of or sanctioned for illegal or unauthorized practice;
(7) knowingly performed an act that in any way assists an unlicensed person to practice;
(8) sustained a physical or mental impairment that renders further practice by the licensee dangerous to the public or that may interfere with the licensee's ability to competently and safely perform the essential functions of practice;
(9) engaged in dishonorable, unethical, or unprofessional conduct that is likely either to deceive, defraud, or harm the public;
(10) used a false or fraudulent statement in a document connected with the licensee's practice;
(11) obtained fees or assisted in obtaining fees under dishonorable, false, or fraudulent circumstances;
(12) intentionally violated or attempted to violate, directly or indirectly, or is assisting in or abetting the violation of or conspiring to violate the medical practice laws;
(13) violated the code of medical ethics adopted by the board or has been found by the board to lack the ethical or professional competence to practice;
(14) violated a provision of this chapter or a regulation or order of the board;
(15) failed to cooperate with an investigation or other proceeding of the board;
(16) failed to comply with an order, subpoena, or directive of the board or department;
(17) failed to prepare or maintain an adequate patient record of care provided;
(18) engaged in disruptive behavior or interaction, or both, with physicians, hospital personnel, patients, family members, or others that interferes with patient care or could reasonably be expected to adversely impact the quality of care rendered to a patient. This behavior may include but is not limited to inappropriate sexual behavior;
(19) engaged in behavior that exploits the physician-patient relationship in a sexual way. This behavior is nondiagnostic and nontherapeutic, may be written, verbal, or physical and may include expressions of thoughts and feelings or gestures that are sexual or that reasonably may be construed by a patient as sexual. This behavior includes sexual contact with patient surrogates or key third parties;
(20) failed to appear before the board after receiving a formal notice to appear;
(21) signed a blank prescription form;
(22) failed to report to the board any adverse disciplinary action by another United States or foreign licensing jurisdiction, a peer review body, a health care institution, by any professional or medical society or association, a board-approved credentialing organization, a governmental agency, a law enforcement agency, including arrest, or a court, including indictment, for acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action as provided for in this section;
(23) failed to provide pertinent and necessary medical records to another physician or patient in a timely fashion when lawfully requested to do so by a patient or by a lawfully designated representative of a patient;
(24) improperly managed medical records, including failure to maintain timely, legible, accurate, and complete medical records; or
(25) provided false, deceptive, or misleading testimony as an expert witness in an administrative, civil, or criminal proceeding in this State.
(C) In addition to all other remedies and actions incorporated in this chapter, a licensee who is adjudged mentally incompetent by a court of competent jurisdiction automatically must be suspended by the board until the licensee is adjudged by a court of competent jurisdiction, or in another manner provided by law, as being restored to mental competency. The automatic suspension of a license pursuant to this section is public information under the South Carolina Freedom of Information Act.
(D) A decision by the board to revoke, suspend, or restrict a license or to limit or discipline a licensee must be by majority vote of the board members serving, except that the board may delegate to the chairman or vice-chairman of the board the authority to issue orders to temporarily suspend licenses or to seek from the Administrative Law Court an order temporarily suspending or restricting a license pending final decision by the board, as follows:
(1) when the chairman or vice-chairman of the board determines that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in an order, a temporary suspension order may be issued without a prior hearing being afforded to the licensee, in which event the licensee may request by the close of the next business day after receipt of the order a review by the administrative hearing officer. The fact of suspension or restriction of a license, and the fact of any subsequent related action, is public information under the Freedom of Information Act after issuance of an order by the chairman or vice-chairman, unless a review by the administrative hearing officer has been timely requested in writing. Filing a written request for a review by the administrative hearing officer does not stay the temporary suspension and no stay may be issued; however, the fact of the issuance of the temporary suspension order must not be made public until the time for requesting a review has passed or the administrative hearing officer issues an order after a review hearing. Upon proper written request, a review hearing must be held by the administrative hearing officer within three business days of the filing of the request for review, unless otherwise agreed by the parties. If the issuance of the temporary suspension order is not sustained by the administrative hearing officer, the matter must remain confidential and must not be made public, except to the extent the board considers it relevant to the final decision of the board; or
(2) the Department of Labor, Licensing and Regulation, acting through the Office of General Counsel or its designee, at the direction of the chairman or vice-chairman of the board, may petition the Administrative Law Court for an order temporarily suspending or restricting a license pending final decision by the board. A hearing must be held by the Administrative Law Court within three business days of the filing of the petition, unless otherwise agreed by the parties. If an order temporarily suspending or restricting a license is not issued by the administrative law judge, the matter must remain confidential and must not be made public, except to the extent the board considers it relevant to the final decision of the board. The fact of suspension or restriction of a license, and the fact of any subsequent related action, is public information under the Freedom of Information Act after issuance of an order by the Administrative Law Court.
(E) Motions for continuance and for other interlocutory relief are not be subject to review by the Administrative Law Court until a final decision has been issued by the board. A licensee against whom disciplinary action is taken in a final decision pursuant to this article has the right to review by the Administrative Law Court as provided in Section 40-1-160. If the board has revoked, suspended, or restricted a license in any manner for six months or more, including probation conditions, an appeal taken to the Administrative Law Court as provided in Section 40-1-160 has precedence on the court's calendar, is considered an emergency appeal, and should be heard not later than thirty days from the date the petition is filed. The review is limited to the record established by the board hearing. No stay or supersedeas may be granted by the administrative law judge or a reviewing court pending appeal from a final decision by the board to revoke, suspend, or restrict a license for six months or more.
(F)(1) If a person is found by the board to have engaged in conduct that subverts or attempts to subvert the security or integrity of the licensing examination process, the board may have the scores on the licensing examination withheld or declared invalid. The individual may be disqualified from practice or be subjected to the imposition of any other appropriate sanction provided by Section 40-47-120.
(2) Conduct that subverts or attempts to subvert the security or integrity of the medical licensing examination process includes, but is not limited to, conduct that violates the:
(a) security of examination materials including, but not limited to, the improper reproduction or reconstruction of any portion of the licensing examination; aiding in the improper reproduction or reconstruction of any portion of the licensing examination; or selling, distributing, buying, receiving, or having unauthorized possession of any portion of a future, current, or previously administered licensing examination;
(b) standard of test administration including, but not limited to, improperly communicating with any other examinee during the administration of a licensing examination; copying answers from another examinee or permitting one's own answers to be copied by another examinee during the administration of a licensing examination; or having in one's possession during the administration of a licensing examination any books, notes, other written or printed materials, or data of any kind other than the examination materials or other materials authorized by the board; and
(c) credentials process including, but not limited to, falsifying or misrepresenting educational credentials or other information required for admission to the licensing examination, impersonating an examinee, or having an impersonator take the licensing examination in one's behalf.
Section 40-47-111. (A) Acts or omissions by a licensee causing the denial, cancellation, revocation, suspension, or restriction of a license to practice in another state, which would constitute misconduct in this State, support the issuance of a formal complaint and the commencement of disciplinary proceedings.
(B) Proof of acts or omissions in another state may be shown by a copy of the transcript of record of the disciplinary proceedings in that state or a copy of the final order, consent order, or similar order stating the basis for the action taken.
(C) Upon the filing of an application or an initial complaint alleging that the applicant or licensee has been disciplined in another state, the applicant or licensee must provide to the department copies of all transcripts, documents, and orders used, relied upon, or issued by the licensing authority in the other state. Failure to provide these items within ninety days of a written request results in the denial of the individual's application or suspension of the individual's authorization to practice in this State until these items have been provided to the department and until further order of the board.
(D) The applicant or licensee may present mitigating testimony to the board or hearing officer or hearing panel regarding disciplinary action taken in another state or evidence that the acts or omissions committed in another state do not constitute misconduct in this State.
Section 40-47-112. A person licensed or otherwise authorized by the Board of Medical Examiners who attends a patient while under the influence of alcohol or drugs is guilty of a misdemeanor and, upon conviction, may be fined not more than ten thousand dollars or imprisoned not more than one year. In addition, upon conviction, the license or authorization granted to the person must be suspended and the person must be disqualified from practicing in this State until he satisfies the board that he is qualified to resume practice. The provisions of this section are in addition to the remedies otherwise relating to physicians who may be addicted to the use of alcohol or drugs.
Section 40-47-113. (A) It is unprofessional conduct for a licensee initially to prescribe drugs to an individual without first establishing a proper physician-patient relationship. A proper relationship, at a minimum, requires that the licensee make an informed medical judgment based on the circumstances of the situation and on the licensee's training and experience and that the licensee:
(1) personally perform and document an appropriate history and physical examination, make a diagnosis, and formulate a therapeutic plan;
(2) discuss with the patient the diagnosis and the evidence for it, and the risks and benefits of various treatment options; and
(3) ensure the availability of the licensee or coverage for the patient for appropriate follow-up care.
(B) Notwithstanding subsection (A), a licensee may prescribe for a patient whom the licensee has not personally examined under certain circumstances including, but not limited to, writing admission orders for a newly hospitalized patient, prescribing for a patient of another licensee for whom the prescriber is taking call, prescribing for a patient examined by a licensed advanced practice registered nurse, a physician assistant, or other physician extender authorized by law and supervised by the physician, or continuing medication on a short-term basis for a new patient prior to the patient's first appointment.
(C) Prescribing drugs to individuals the licensee has never personally examined based solely on answers to a set of questions is and unprofessional.
Section 40-47-114. (A) If the board finds that probable cause exists that a licensee or applicant may be professionally incompetent, addicted to alcohol or drugs, or may have sustained a physical or mental disability that may render practice by the licensee or applicant dangerous to the public or is otherwise practicing in a manner dangerous to the public, the board, without a formal complaint or opportunity for hearing, may require a licensee or applicant to submit to a professional competency, mental, or physical examination by authorized practitioners designated by the board. The results of an examination are admissible in a hearing before the board, notwithstanding a claim of privilege under a contrary rule of law. A person who accepts the privilege of engaging in licensed practice in this State pursuant to this chapter, or who files an application for a license to practice pursuant to this chapter, is considered to have consented to submit to a professional competency, mental, or physical examination and to have waived all objections to the admissibility of the results in a hearing before the board upon the grounds that this constitutes a privileged communication. If a licensee or applicant fails to submit to an examination when properly directed to do so by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license pending compliance and further order of the board. A licensee or applicant who is required to submit to a professional competency, mental, or physical examination may request by the close of the next business day after receipt of the requirement a review by the administrative hearing officer. Filing a written request for a review by the administrative hearing officer does not stay the time directed in which to submit to a professional competency, mental, or physical examination, and no stay may be issued, except as provided in this section. Upon proper written request, a review hearing must be conducted within three business days of receipt of the request, unless otherwise agreed by the parties. Failure to provide a review hearing within the prescribed time stays the time required to submit to a professional competency, mental, or physical examination until a decision is issued by the administrative hearing officer. The review hearing for purposes of this section must be limited to the issues of whether the person is a licensee or applicant, whether reasonable grounds exist to require a professional competency, mental, or physical examination, and whether the licensee or applicant has been informed that failure to submit to an examination will result in the entry of an order automatically suspending or denying the license pending compliance and further order of the board. The administrative hearing officer's decision is not subject to appeal. A licensee or applicant who is prohibited from practicing pursuant to this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice with reasonable skill and safety.
(B) The board upon probable cause may obtain records relating to the professional competency or mental or physical condition of a licensee or applicant including, but not limited to, psychiatric records, which are admissible in a hearing before the board, notwithstanding any other provision of law. A person who accepts the privilege of engaging in licensed practice in this State pursuant to this chapter, or who files an application to practice pursuant to this chapter, is considered to have consented to the board obtaining these records and to have waived all objections to the admissibility of these records in a hearing before the board upon the grounds that this constitutes a privileged communication. If a licensee or applicant refuses to sign a written consent for the board to obtain these records when properly requested by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license pending compliance and further order of the board. A licensee or applicant who is prohibited from practicing under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of medicine with reasonable skill and safety.
(C) An order requiring a licensee or applicant to submit to a professional competency, mental, or physical examination or an order requiring the submission of records relating to the professional competency or mental or physical condition of a licensee or applicant is confidential and must not be disclosed, except to the extent necessary for the proper disposition of the matter before the board or administrative hearing officer. The fact of automatic suspension or denial of a license pending compliance and further order of the board is public information under the South Carolina Freedom of Information Act. A review hearing and decision of an administrative hearing officer are confidential, unless an order automatically suspending or denying a license pending compliance and further order of the board has been issued, in which case the fact of suspension or denial of a license by the administrative hearing officer is public information under the South Carolina Freedom of Information Act.
Section 40-47-115. The board has jurisdiction over the actions committed or omitted by current and former licensees as provided in Section 40-1-115.
Section 40-47-116. An initial complaint may be made by any person or the administrator of the board or director of the department based upon information considered reliable. The initial complaint must be dated, signed by the person making the complaint or the administrator or director when appropriate, and must identify the subject of the complaint and contain a brief summary of the nature of the complaint. Initial complaints must be filed with the director, or his designee, who may cause an investigation to be made into the allegation of professional misconduct. If the initial complaint on its face does not demonstrate an allegation of misconduct pursuant to this chapter, an investigation may not ensue. If the initial complaint does not demonstrate an allegation of misconduct pursuant to this chapter after investigation, the initial complaint may be dismissed. The department shall notify in writing the person initially complaining of the reason for dismissing the initial complaint. Except as provided in Section 40-47-190, the identity of the person making the initial complaint must remain privileged and confidential and must not be disclosed for use in any administrative or judicial proceeding of any kind. If a formal complaint is authorized, the identity of the initial complainant must continue to remain privileged and confidential and must not be disclosed during the conduct of formal proceedings, upon administrative or judicial review, or at any time after that for use in any administrative or judicial proceeding of any kind, unless the initial complainant testifies as a witness in the formal proceedings.
Section 40-47-117. (A) A formal complaint must be issued by the Office of General Counsel after investigation upon a finding by one or more physicians designated by the board that probable cause exists to believe that professional misconduct may have been committed. Formal complaints must be captioned 'In the Matter of (name of respondent),' and signed by an attorney assigned or designated by the Office of General Counsel. The department shall cause to be sent to the respondent or counsel, if any, by certified mail a formal complaint setting forth in summary fashion the alleged misconduct together with a notice requiring that the respondent file with the department an answer to the formal complaint and to serve a copy of the answer upon the attorney assigned or designated by the Office of General Counsel within thirty days after the notice and formal complaint are mailed. The notice mailed to the respondent must state that if the respondent fails to answer, judgment by default may be taken against the respondent. The answer must be signed by the respondent or counsel or by both and may be verified. If no answer has been filed by the respondent or counsel after thirty calendar days from the date of receipt by the respondent of the notice and formal complaint and no extension has been granted, the allegations of the formal complaint must be considered admitted, and the board may proceed and render a default judgment against the respondent.
(B)(1) After the respondent's answer has been filed, or the time within which the respondent was required to file the answer has expired, a formal hearing into the matter must be held by a panel of one lay member and not more than three physician members of the Medical Disciplinary Commission, none of which may reside or have a major part of their practice in the same county as the respondent. If the facts are not in dispute, the matter may be presented directly to the board for final decision without need for a panel hearing. The Office of General Counsel or its designee shall prepare and present the matter before the panel and board, as appropriate. Hearings must be held by the panel or board upon thirty days notice to the Office of General Counsel and the respondent or counsel.
(2) If the panel finds that the charges in the formal complaint are not supported by the evidence or do not merit taking disciplinary action, the panel shall make a certified report of the proceedings before it, including its findings of fact and conclusions of law, and shall file the report with the department.
(3) If the panel finds and determines that the respondent is guilty of misconduct, the panel shall submitmake a certified report of its proceedings, including its recommendation as to findings of fact, conclusions of law, and mitigating and aggravating circumstances for consideration by the board and shall file this report with the department together with a transcript of the testimony taken and the exhibits put into evidence before the panel. The panel may not recommend to the board whether a sanction should or should not be imposed.
(4) A copy of the panel's report must be served upon the Office of General Counsel and the respondent or counsel.
(5) In the event of a tie vote by the panel, the matter must be presented to the board for final decision upon separate reports submitted by each side of the tie vote.
(C) When the panel has filed its report, the department shall notify the respondent or counsel, if any, of the time and place at which the board will consider the report for the purpose of determining its action on the report, the notice must be given not less than thirty days before the meeting. The respondent and the Office of General Counsel have the right to appear before the board and to submit briefs and be heard in oral argument in opposition to or in support of the recommendations of the panel.
(D) Upon consideration of the panel's report and of the showing made to the board, the board may:
(1) refer the matter back to a panel for hearing;
(2) order a further hearing before the board; or
(3) proceed upon the certified report of the prior proceedings before the panel.
(E) Upon its final review, the board either may dismiss the complaint or find that the respondent is guilty of misconduct. If the formal complaint is dismissed, the department shall notify the respondent or counsel, if any, and the Office of General Counsel.
(F) If the board determines that the respondent is guilty of misconduct meriting sanction, the board shall issue a final order, including its findings of fact, conclusions of law, and decision of sanction, and shall file the report with the department, which promptly shall serve the respondent or counsel, if any, and the Office of General Counsel with a copy of the board's final order.
(G) Service of notices conclusively must be presumed thirty days after mailing by first class or certified mail to the respondent to the last address provided to the board by the respondent.
(H) When provision is made for the service of any notice, order, report, or other paper or copy of these upon any person in connection with any proceeding, service may be made upon counsel of record for the person, either personally or by first class or certified mail.
(I) Service of notice upon a respondent who cannot be found at the last known address provided by the respondent may be made by leaving with the director, or his designee, a copy of the notice and any accompanying documents along with proof of attempted service at the last known address. The board may set aside and reopen a proceeding upon satisfactory showing by the respondent of good cause as to why the respondent did not receive service of the notice.
Section 40-47-118. (A) Discovery is not permitted in a medical disciplinary proceeding except as provided in this chapter. Within twenty days of an answer being filed, the Office of General Counsel, or its designee, and the respondent or counsel shall exchange the names and addresses of all persons known to have knowledge of the relevant facts. Except as provided in Section 40-47-190, the name and address of the initial complainant or a confidential informant must not be exchanged unless the person is expected to testify in the proceeding. The Office of General Counsel, or its designee, or the respondent or counsel may withhold information only with permission of the presiding officer, who shall authorize withholding of the information only for good cause shown, taking into consideration the materiality of the information possessed by the witness and the position the witness occupies in relation to the respondent. The presiding officer's review of the withholding request must be en camera, but the party making the request shall advise the opposing party of the request without disclosing the subject of the request. The presiding officer shall set a date for the exchange of the names and addresses of all witnesses the parties intend to call at the hearing.
(B) The Office of General Counsel, or its designee, and respondent or counsel shall exchange:
(1) notwithstanding Section 40-47-190, evidence relevant to the formal charges, documents to be presented at the hearing and statements of witnesses who will be called at the hearing, except evidence privileged pursuant to other state law. For purposes of this item, a witness statement is a written statement signed or otherwise adopted or approved by the person making it or a stenographic, mechanical, electrical, or other recording, or a transcription of any of these, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded; and
(2) other material only upon good cause shown to the presiding officer of the panel.
(C) Copies of transcripts of testimony taken by a court reporter pursuant to this section may be obtained by the parties from the court reporter at the expense of the requesting party and are not required to be made available to the requesting party by the opposing party unless not otherwise available.
(D) Depositions are only allowed if agreed upon by the Office of General Counsel, or its designee, and the respondent or counsel, or if the presiding officer grants permission to do so based upon a showing of good cause. The presiding officer may place restrictions or conditions on the manner, time, and place of an authorized deposition. . Depositions must be completed not later than fifteen days before a scheduled hearing. A deposition request filed less than fifteen days before a scheduled hearing must not be granted absent a showing of exceptional circumstances.
(E) A party may take the deposition de bene esse of a supporting witness who will be unavailable to testify at hearing without order of the presiding officer and as a matter of right under due process of law. Other parties must be notified and afforded the opportunity to participate in the deposition de bene esse upon not less than ten days notice, unless sooner ordered by the presiding officer or agreed to by all participating parties. The admissibility of a deposition de bene esse or portion of the deposition must be determined by the presiding officer or board not less than five days prior to the time it is to be offered into evidence.
(F) Pre-hearing motions must be made to the presiding officer in writing and must state the grounds for relief and the relief sought. Motions pertaining to the hearing must be filed not later than ten days before the hearing date, unless otherwise ordered by the presiding officer. Any party may file a written response to the motion within five days unless the time is extended or shortened by the presiding officer.
(G) Notwithstanding any other provision of this section, the Office of General Counselor, or its designee, shall provide the respondent with exculpatory evidence relevant to the formal charges.
(H) Both parties have a continuing duty to supplement information required to be exchanged under this section.
(I) If a party fails to disclose timely a witness's name and address, statements by the witness, or other evidence required to be disclosed or exchanged pursuant to this section, the panel or presiding officer may grant a continuance of the hearing, preclude the party from calling the witness or introducing the document, or take other action as may be appropriate. If the Office of General Counsel, or its designee, has not disclosed timely exculpatory material, the panel or presiding officer may require the matter to be disclosed and grant a continuance or take other action as may be appropriate.
(J) Disputes concerning depositions and the disclosure or exchange of information must be determined by the panel or presiding officer. Review of these decisions are not subject to an interlocutory appeal and must be challenged by filing objections to the panel's report within fifteen days from the service of the report. Failure to file objections to the panel report constitutes acceptance of the ruling on the issue.
Section 40-47-119. (A) Before the hearing the parties shall exchange:
(1) a final list of witnesses the party reasonably expects to testify at the hearing;
(2) a final list of all exhibits expected to be offered at the hearing, including a written report or summary from each expert witness expected to testify;
(3) a final list of all facts that the party intends to request be judicially noticed and the information supporting the judicial notice of the facts requested.
(B) A witness list or exhibit not exchanged before the hearing may be excluded from admission into evidence. The pre-hearing exchange may be amended upon motion and for good cause shown, unless the amendment would substantially prejudice any other party in the presentation of its case.
(C)(1) If at least twenty days written notice of the intention to offer the following documents is given to every party, accompanied by a copy of the document, the name of the author or maker of the document or other person who can establish its admissibility in evidence, a party may offer in evidence, without foundation or other proof:
(a) documents including, but not limited to, photographs, maps, drawings, blue prints, weather reports, business records, and communications;
(b) documents prepared by hospitals, doctors, dentists, registered nurses, and other health care providers; bills for drugs and medical appliances; property damages bills or estimates, if itemized, setting forth the charges for labor and materials; and reports of earnings and lost time prepared by an employer;
(c) the deposition of a witness;
(d) the written opinion of an expert, or the deposition of the expert if the expert's qualifications, the subject of the expert testimony, the basis of the expert's opinions and conclusions, and the expert's opinions are also submitted at least twenty days before the hearing;
(e) any other document not specifically covered by any of the foregoing provisions which is otherwise admissible under the rules of evidence.
(2) Upon ten days notice to the proponent of the document and all other parties, any other party may subpoena the author, maker, or other person identified by the proponent who can establish the admissibility in evidence of a document admissible under this rule at that party's expense and examine the author or maker as if under cross-examination. If the properly subpoenaed author, maker, or other person identified by the proponent who can establish the admissibility of the document in evidence fails to appear at the hearing, or is beyond the jurisdiction of the subpoena and fails to appear at the hearing, the document is not admissible unless otherwise provided by the rules of evidence.
(3) Except as provided in this chapter, the established rules of evidence as provided in S.C. Code Ann. Section 1-23-330 (1976) must be followed. The presiding officer may require the submitting party to identify the portions of voluminous records or depositions that are relevant and material.
Section 40-47-120. (A) Upon determination by the board that one or more of the grounds for disciplinary action exists, the board may cancel, fine, suspend, revoke, issue a public reprimand or a private reprimand, or restrict, including probation or other reasonable action, such as requiring additional education or training or limitation on practice, the authorization to practice of a person who has engaged in misconduct.
(B) Upon ordering suspension, an action may be stayed upon terms and conditions as the board considers appropriate including, but not limited to, probation, payment of a fine, or other reasonable action, such as requiring additional education and training or limitation on practice.
(C) The board may require the licensee to pay a fine of up to twenty-five thousand dollars and the costs of the disciplinary action. Fines are payable immediately upon the effective date of discipline unless otherwise provided by the board. Interest accrues after fines are due at the maximum rate allowed by law. No licensee against whom a fine is levied is eligible for reinstatement until the fine has been paid in full. Fines must be deposited in a special fund established for the department to defray the administrative costs associated with investigations and hearings pursuant to this chapter.
(D) A person whose authorization to practice has been permanently revoked never may be readmitted to practice in this State. A person whose authorization to practice has been revoked shall surrender within fifteen days after the effective date of the revocation the wall certificate and wallet card to the board administrator. The wall certificate and wallet card must be destroyed by the board administrator.
(E) A licensee may relinquish an authorization to practice instead of further disciplinary proceedings, subject to acceptance by the board chairman as being in the public interest. This action must be taken in writing on a form approved by the board. This action is irrevocable by the licensee upon signature by the licensee. Relinquishment must be given the same effect as a revocation of an authorization to practice and must be considered a public action under the South Carolina Freedom of Information Act.
(F) Final orders of the board in a disciplinary proceeding must be issued upon approval of the board. Final orders must be kept on file in the board's office and must be distributed as public orders of the board, except those designated as private reprimands or dismissals. Final orders, except those designated as private reprimands or dismissals, must be filed promptly with the Federation of State Boards of Medical Examiners and other national databases as required by law. A final order of the board, including those designated as private reprimands or dismissals, must be provided to the respondent.
(G) The fact of restriction of a licensee's right to practice and subsequent related action is public information under the South Carolina Freedom of Information Act. Orders to cease and desist issued against unlicensed persons are public information under the South Carolina Freedom of Information Act.
(H) If a person's license is suspended, reissued, or reinstated by the board for any reason, the board shall report that action to the licensee's last known employer and, if applicable, to any place where the person has been granted privileges to practice.
Section 40-47-130. As provided in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
Section 40-47-140. A license may be denied based on a person's prior criminal record only as provided in Section 40-1-140.
Section 40-47-150. A licensee under investigation for a violation of this chapter or a regulation promulgated pursuant to this chapter voluntarily may surrender the license to practice in accordance with and subject to the provisions of Section 40-1-150. A person whose license is voluntarily surrendered may not practice or represent oneself to be authorized to practice until the board takes final action in the pending disciplinary matter. The voluntary surrender of the license is subject to public disclosure in accordance with Chapter 4 of Title 30. The board may credit the time that an authorization has been surrendered toward any period of suspension or other restriction of practice.
Section 40-47-160. A respondent aggrieved by a final decision of the board may seek review of the decision to the Administrative Law Court in accordance with Section 40-1-160. Motions for continuance and for other interlocutory relief are not subject to review by the Administrative Law Court until a final decision has been issued by the board.
Section 40-47-170. A person found in violation of this chapter or regulations promulgated pursuant to this chapter may be required to pay costs associated with the investigation and prosecution of the case, including appeals, in accordance with Section 40-1-170.
Section 40-47-180. Costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180. No person against whom a fine is levied is eligible for the issuance or reinstatement of an authorization to practice until the fine has been paid in full.
Section 40-47-190. (A)(1) A person connected with any complaint, investigation, or other proceeding before the board including, but not limited to, a witness, counsel, counsel's staff, board member, board employee, court reporter, or investigator may not mention the existence of the complaint investigation, or other proceeding, or disclose any information tending to identify the initial complainant or any witness or discuss testimony or other evidence in the complaint, investigation, or proceeding, except as otherwise provided in this section.
(2) Information may be disclosed to persons involved and having a direct interest in the complaint, investigation, or other proceeding to the extent necessary for the proper disposition of the complaint, investigation, or other proceeding. The name of the initial complainant must be provided to the licensee who is the subject of the complaint, investigation, or proceeding unless the board, hearing officer, or panel determines there is good cause to withhold that information.
(3) When the board receives information in any complaint, investigation, or other proceeding indicating a violation of state or federal law, the board may provide that information, to the extent the board considers necessary, to the appropriate state or federal law enforcement agency or regulatory body. The department may provide any information it considers necessary or appropriate to a substance abuse treatment program facility or monitoring program approved by the board, and this information must continue to be kept confidential and privileged from disclosure, except as provided by law.
(B) When a formal complaint is made regarding allegations of misconduct, the formal complaint and an answer must be available for public inspection and copying ten days after the answer is filed or if no answer is filed, ten days after the expiration of the time to answer. Once the formal complaint becomes available for public inspection and copying, subsequent records and proceedings relating to the misconduct allegations must be open to the public except as otherwise provided in this section.
(1) Patient records and identities must remain confidential unless the patient or legal representative of the patient consents in writing to the release of the records.
(2) If allegations of incapacity of a licensee due to physical or mental causes are raised in the complaint or answer, all records, information, and proceedings relating to those allegations of incapacity must remain confidential. Any order relating to the licensee's authorization to practice must be made public; however, the order must not disclose the nature of the incapacity.
(C) Once a proceeding becomes public as provided in this section, there is a presumption that any hearing, other proceeding, or record must remain public unless a party to the proceeding makes a showing on the record before the board, hearing officer, or panel that closure of the hearing or the record, in whole or in part, is essential to protect patients, witnesses, or the respondent from unreasonable disclosure of personal or confidential information. Public notice must be given of the request or motion to close any portion of a hearing or record, and the board, hearing officer, or panel shall provide an opportunity for a person opposing the closure to be heard prior to the decision on closure being made.
(D) Subject to the right of public access and utilizing the procedure regarding closure described in this section, a witness in a proceeding or a patient whose care is at issue in a proceeding may petition the board, hearing officer, or panel for an order to close the hearing or record, in whole or part, to protect the witness or patient from unreasonable disclosure of personal or confidential information; however, the identity of a minor or sexual battery victim must remain confidential without a motion being made.
(E) Upon a finding on the record that the health or safety or the personal privacy of a witness or patient would be put at risk unreasonably by the public disclosure of identifying information or of other personal information, the board, hearing officer, or panel may issue an order to protect the witness or patient from the harm shown to be probable from public disclosure.
(F) Information that has been declared confidential or personal pursuant to this chapter or another applicable law must not be disclosed, except to the extent necessary for the proper disposition of the matter before the board, and is protected in the same manner as provided in Section 40-71-20, or as otherwise provided by law.
(G) Except as provided in this section, the identity of confidential informants or other witnesses who do not testify must be kept confidential and must not be disclosed to other parties, entities, or persons, and all information contained in confidential investigative files is privileged from disclosure for any reason whatsoever.
(H)(1) The department shall make reasonable efforts to provide written acknowledgment of every initial complaint and the disposition of the matter. Although entitled to notice, an initial complainant is not a party to the proceeding and is not entitled to appeal or otherwise seek review of the dismissal or other disposition of the matter.
(2) For every unauthorized disclosure of confidential or personal information by a person in violation of this chapter, the department may issue an administrative citation and may assess an administrative penalty of up to five hundred dollars per violation, not to exceed a total of ten thousand dollars per matter. Upon disclosure of confidential or personal information in violation of this chapter, the department may refuse to provide further information to the violator.
(3) An entity or individual assessed administrative penalties may appeal those penalties to the board within ten days of receipt of the citation. If an appeal is filed, the department shall schedule a hearing before the board, which shall make a determination in the matter. If no appeal is filed, the citation is considered a final order and the administrative penalties must be paid within thirty days of receipt of the citation or other written demand.
(I) No information in investigative files or disciplinary proceedings is required to be expunged pursuant to any other provision of state law.
(J) Every communication, oral or written, to the board, department, staff, counsel, expert reviewers or witnesses, or any other person acting on behalf of the board or department during the investigation, hearing, or adjudication of the disciplinary matters including, but not limited to, investigative reports concerning interviews and issues under investigation, correspondence, summaries, incident reports, computer printouts, and documents created during peer review proceedings are privileged from disclosure. Those persons and entities making such communications are immune from liability.
(K) Nothing in this chapter may be construed as prohibiting the respondent or the respondent's counsel from exercising the respondent's right of due process under the law or as prohibiting the respondent from access to the evidence relevant to the formal charges, documents to be presented at the hearing, and statements of witnesses who will be called at the hearing.
Section 40-47-195. (A) A licensee who supervises another practitioner shall hold a permanent, active, unrestricted authorization to practice in this State and be currently engaged in the active practice of their respective profession or shall hold an active unrestricted academic license to practice medicine in this State.
(B) Pursuant to this chapter, only licensed physicians may supervise another practitioner who performs delegated medical acts in accordance with the practitioner's applicable scope of professional practice authorized by state law. It is the supervising physician's responsibility to ensure that delegated medical acts to the APRN (NP, CNM, CNS) or other practitioners are performed under approved written scope of practice guidelines or approved written protocol in accordance with the applicable scope of professional practice authorized by state law. A copy of approved written scope of practice guidelines or approved written protocol, dated and signed by the supervising physician and the practitioner, must be provided to the board by the supervising physician within seventy-two hours of request by a representative of the department or board.
(C) In evaluating a written guideline or protocol, the board and supervising physician shall consider the:
(1) training and experience of the supervision physician;
(2) nature and complexity of the delegated medical acts being performed;
(3) geographic proximity of the supervising physician to the supervised practitioner; when the supervising physician is to be more than forty-five miles from the supervised practitioner, special consideration must be given to the manner in which the physician intends to monitor the practitioner, and prior board approval must be received for this practice; and
(4) number of other practitioners the physician supervises. Reference must be given to the number of supervised practitioners, as prescribed by law. When the supervising physician assumes responsibility for more than the number of practitioners prescribed by law, special consideration must be given to the manner in which the physician intends to monitor, and prior board approval must be received for this practice.
Section 40-47-197. The physician or dentist responsible for the supervision of a certified registered nurse anesthetist (CNRA) must be identified on the anesthesia record before administration of anesthesia.
Section 40-47-200. A person who practices or offers to practice medicine in this State in violation of this chapter or who knowingly submits false information for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than fifty thousand dollars. Each violation constitutes a separate offense. The provisions of this chapter apply to a person or entity aiding and abetting in a violation of this chapter.
Section 40-47-210. The department, in addition to instituting a criminal proceeding, may institute a civil action through the Administrative Law Court for injunctive relief against a person or entity violating this chapter, a regulation promulgated pursuant to this chapter, or an order of the board. For each violation the administrative law judge may impose a fine of not more than ten thousand dollars.
Section 40-47-220. 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."/
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
Senator RITCHIE asked unanimous consent to make a motion that the provisions of Rule 26B be waived.
There was no objection and the motion was adopted.
S. 1318 (Word version) -- Senator Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 TO CHAPTER 7, TITLE 44 SO AS TO ENACT THE "HOSPITAL INFECTIONS DISCLOSURE ACT" AND TO REQUIRE HOSPITALS AND AMBULATORY SURGICAL FACILITIES TO COLLECT DATA AND SUBMIT REPORTS TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CONCERNING HOSPITAL ACQUIRED INFECTIONS, TO PROVIDE FOR AN ADVISORY COMMITTEE TO ASSIST THE DEPARTMENT IN DEVELOPING THE METHODOLOGY FOR DATA COLLECTION AND ANALYSIS, TO PROVIDE SANCTIONS FOR FAILURE TO COMPLY, TO PROVIDE FOR PATIENT PRIVACY, AND TO PROVIDE FOR PUBLICATION AND AVAILABILITY OF THESE REPORTS TO THE PUBLIC.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator ANDERSON proposed the following amendment (NBD\ 12491AC06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 7 of Title 44 of the 1976 Code is amended by adding:
Hospital Infections Disclosure
Section 44-7-2410. This article may be cited as the 'Hospital Infections Disclosure Act'.
Section 44-7-2420. As used in this article:
(1) 'Department' means the Department of Health and Environmental Control.
(2) 'Hospital' means a facility organized and administered to provide overnight medical or surgical care or nursing care of illness, injury, or infirmity and may provide obstetrical care, and in which all diagnoses, treatment, or care is administered by or under the direction of persons currently licensed to practice medicine, surgery, or osteopathy and is licensed by the department as a hospital.
'Hospital' may include residential treatment facilities for children and adolescents in need of mental health treatment which are physically a part of a licensed psychiatric hospital. This definition does not include facilities that are licensed by the Department of Social Services.
(3) 'Hospital acquired infection' means a localized or systemic condition that:
(a) results from adverse reaction to the presence of an infectious agent or agents or its toxin or toxins; and
(b) was not present or incubating at the time of admission to the hospital.
Section 44-7-2430. (A)(1) Individual hospitals shall collect data on hospital acquired infection rates for the specific clinical procedures as recommended by the advisory committee and defined by the department, including the following categories:
(a) surgical site infections;
(b) ventilator associated pneumonia;
(c) central line related bloodstream infections; and
(d) other categories as provided under subsection (D).
(2) Hospitals also shall report completeness of certain selected infection control processes, as recommended by the advisory committee and defined by the department, according to accepted standard definitions.
(B)(1) Hospitals shall submit reports at least every six months on their hospital acquired infection rates to the department. Reports must be submitted in a format and at a time as provided for by the department. Data in these reports must cover a period ending not earlier than one month prior to submission of the report. These reports must be made available to the public at each hospital and through the department. The first report must be submitted before February 1, 2008.
(2) If the hospital is a division or subsidiary of another entity that owns or operates other hospitals, or related facilities, the report must be for the specific division or subsidiary and not for the other entity.
(C)(1) The commissioner of the department shall appoint an advisory committee that must have an equal number of members representing all involved parties. The department shall seek recommendations for appointments to the advisory committee from organizations that represent the interests of hospitals, consumers, businesses, purchasers of health care services, physicians, and other professionals involved in the research and control of infections.
(2) The advisory committee shall assist the department in the development of all aspects of the department's methodology for collecting, analyzing, and disclosing the information collected under this article, including collection methods, formatting, and methods and means for release and dissemination of this information.
(3) In developing the methodology for collecting and analyzing the infection rate data, the department and advisory committee shall consider existing methodologies and systems for data collection, such as the Centers for Disease Control and Prevention's National Healthcare Safety Network; however, the department's discretion to adopt a methodology is not limited or restricted to any existing methodology or system. The data collection and analysis methodology must be disclosed to the public prior to any public disclosure of hospital acquired infection rates.
(4) The department and the advisory committee shall evaluate on a regular basis the quality and accuracy of hospital information reported under this article and the data collection, analysis, and dissemination methodologies.
(D) The department may, after consultation with the advisory committee, require hospitals to collect data on hospital acquired infection rates in categories additional to those set forth in subsection (A).
Section 44-7-2440. (A) The department shall annually submit to the General Assembly a report summarizing the hospital reports submitted pursuant to Section 44-7-2430 and shall publish the annual report on its website. The first annual report must be submitted and published before February 1, 2009. The department may issue quarterly informational bulletins at its discretion, summarizing all or part of the information submitted in the hospital reports.
(B) All reports issued by the department must be risk adjusted.
(C) The annual report must compare the risk adjusted hospital acquired infection rates, collected under Section 44-7-2430, for each individual hospital in the State. The department, in consultation with the advisory committee, shall make this comparison as easy to comprehend as possible. The report also must include an executive summary, written in plain language, that must include, but is not limited to, a discussion of findings, conclusions, and trends concerning the overall state of hospital acquired infections in the State, including a comparison to prior years. The report may include policy recommendations, as appropriate.
(D) The department shall publicize the report and its availability as widely as practical to interested parties including, but not limited to, hospitals, health care providers, media organizations, health insurers, health maintenance organizations, purchasers of health insurance, consumer or patient advocacy groups, and individual consumers. The annual report must be made available to any person upon request and the department may charge a fee for such copies, not to exceed the actual cost of the copy of the report.
(E) No hospital report or department disclosure may contain information identifying a patient, employee, or licensed health care professional in connection with a specific infection incident.
Section 44-7-2450. (A)It is the intent of the General Assembly that a patient's right of privilege or confidentiality must not be violated in any manner. Patient social security numbers and any other information that could be used to identify an individual patient must not be released notwithstanding any other provision of law to the contrary.
(B) Nothing in this section affects the duty of a facility or activity licensed by the Department of Health and Environmental Control to report accidents or incidents pursuant to the department's regulations. However, anything reported pursuant to the department's regulations must not be considered to waive any privilege or confidentiality provided in subsection (A).
Section 44-7-2460. (A) The department shall ensure compliance with this article as a condition of licensure or permitting under this chapter pursuant to Section 44-7-320 and shall enforce such compliance.
(B) The department may promulgate regulations as necessary to carry out its responsibilities under this article."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator FAIR explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator ANDERSON, with unanimous consent, S. 1318 was ordered to receive a third reading on Thursday, April 27, 2006.
On motion of Senator FAIR, with unanimous consent, the name of Senator FAIR was added as a co-sponsor of S. 1318.
S. 1307 (Word version) -- Senators Malloy, Ritchie, Sheheen and Martin: A BILL TO AMEND SECTION 33-14-107, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNKNOWN CLAIMS AGAINST DISSOLVED CORPORATIONS, SO AS TO STANDARDIZE THE TIME FOR ENFORCING THE CLAIM AS TEN YEARS AFTER PUBLICATION OF THE NEWSPAPER NOTICE.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator RYBERG proposed the following amendment (1307R001.WGR), which was adopted:
Amend the bill, as and if amended, page 1, by striking lines 35 through 42 and inserting:
/ (3) state that a claim against the corporation is barred unless a proceeding to enforce the claim is commenced within five years after the publication of the notice.
(c) If the dissolved corporation publishes a newspaper notice in accordance with subsection (b), the claim of each of the following claimants is barred unless the claimant commences a proceeding to enforce the claim against the dissolved corporation within ten five years after the publication date of the newspaper notice: /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1365 (Word version) -- Senator Ryberg: A BILL TO AMEND CHAPTER 5, TITLE 57 OF THE 1976 CODE BY ADDING SECTION 57-5-1626, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY AWARD HIGHWAY CONSTRUCTION CONTRACTS USING A DESIGN-BUILD PROCEDURE, TO PROVIDE FOR CONTRACT SELECTION CRITERIA, AND TO REPEAL SECTION 57-5-1625.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator RYBERG proposed the following amendment (1365R001.WGR), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 57-5-1625 of the 1976 Code, as amended by Section 13 of Act 176 of 2005, is reenacted nunc pro tunc to read: "Section 57-5-1625. (A) The department may award highway construction contracts using a design-build procedure. A design-build contract means an agreement that provides for the design, right-of-way acquisition, and construction of a project by a single entity. The design-build contract may also provide for the maintenance, operation, or financing of the project. The agreement may be in the form of a design-build contract, a franchise agreement, or any other form of contract approved by the department.
(B) Selection criteria shall include the cost of the project and may include contractor qualifications, time of completion, innovation, design and construction quality, design innovation, or other technical or quality related criteria."
SECTION 2. This act takes effect upon approval by the Governor and applies nunc pro tunc retroactively to June 14, 2005, the original effective date of Section 57-5-1625 of the 1976 Code. /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator RYBERG, with unanimous consent, S. 1365 was ordered to receive a third reading on Thursday, April 27, 2006.
S. 1258 (Word version) -- Senators Fair and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-220 SO AS TO ESTABLISH A PROCEDURE TO ALLOW AN INMATE WHO IS CONFINED IN A DEPARTMENT OF CORRECTIONS' FACILITY TO ATTEND THE FUNERAL SERVICE OF CERTAIN INDIVIDUALS AND VISIT CERTAIN INDIVIDUALS UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 24-3-210, AS AMENDED, RELATING TO FURLOUGHS FOR CERTAIN INMATES, SO AS TO DELETE THE PROVISION THAT ALLOWS AN INMATE TO ATTEND THE FUNERAL OF CERTAIN PERSONS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Corrections and Penology.
The Committee on Corrections and Penology proposed the following amendment (SWB\6866CM06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 1, Chapter 3, Title 24 of the 1976 Code is amended by adding:
"Section 24-3-220. (A) Notwithstanding another provision of law, when the parent, sibling, spouse, child, grandparent, or grandchild of an inmate housed in a minimum security facility becomes seriously ill to the point of imminent death or dies, the inmate must be offered the choice to either attend the person's funeral service or private viewing or, prior to the person's death, visit the person in the hospital when the attendance or visit does not compromise security as determined by the Department of Corrections.
(B) The inmate, or a third party on behalf of the inmate, must present verification, satisfactory to the department, of the person's relationship to the inmate and either the person's illness or death.
(C) The department shall provide the necessary security and transportation for the inmate. Any sheriff or law enforcement agency may provide such transportation. The department or law enforcement agency may collect a reasonable charge for the transportation. The charge may not exceed the actual expense incurred by the department or sheriff. This charge may be collected from a third party on behalf of the inmate or, if no third party pays, through a deduction from the inmate's trust account."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator HAWKINS explained the committee amendment.
Senator FAIR spoke on the committee amendment.
The committee amendment was adopted.
Senators HAWKINS and RITCHIE proposed the following amendment (SWB\6873CM06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ "SECTION 1. Article 1, Chapter 3, Title 24 of the 1976 Code is amended by adding:
"Section 24-3-220. (A) Notwithstanding another provision of law, when the parent, sibling, spouse, child, grandparent, or grandchild of an inmate housed in a minimum security facility becomes seriously ill to the point of imminent death or dies, the inmate must be offered the choice to either attend the person's funeral service or private viewing or, prior to the person's death, visit the person in the hospital when the attendance or visit does not compromise security as determined by the Department of Corrections.
(B) The inmate, or a third party on behalf of the inmate, must present verification, satisfactory to the department, of the person's relationship to the inmate and either the person's illness or death.
(C) The department shall provide the necessary security and transportation for the inmate. The department may collect a reasonable charge for the transportation. The charge may not exceed the actual expense incurred by the department. This charge may be collected from a third party on behalf of the inmate or, if no third party pays, through a deduction from the inmate's trust account."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator HAWKINS explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 601 (Word version) -- Senators Fair, Knotts, Thomas, Verdin, Cromer, O'Dell, Hayes, Land, Bryant, McGill and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14, TITLE 24 SO AS TO CREATE THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES, INCLUDING TO PROVIDE THAT DECISIONS OF THE BOARD MUST BE RENDERED BY FIVE-MEMBER PANELS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 1-3-240, AS AMENDED, RELATING TO REMOVAL OF GUBERNATORIAL APPOINTEES FROM OFFICE, SO AS TO CONFORM THIS SECTION TO THE PROVISIONS OF THIS ACT; TO AMEND SUBARTICLE 17, ARTICLE 30, CHAPTER 7, TITLE 20, RELATING TO JUVENILE PAROLE AND AFTER CARE, SO AS TO PROVIDE THAT THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY SHALL DETERMINE THE RELEASE OF JUVENILE OFFENDERS WHO HAVE COMMITTED CLASS A, B, C, AND D FELONIES AND OTHER ENUMERATED OFFENSES, TO PROVIDE THAT THE DEPARTMENT OF JUVENILE JUSTICE SHALL DETERMINE THE RELEASE OF JUVENILES WHO HAVE COMMITTED STATUS OFFENSES, AND OTHER OFFENSES NOT UNDER THE PURVIEW OF THE SOUTH CAROLINA PARDON AND PAROLE AUTHORITY, AND TO TRANSFER THE REMAINING POWERS AND DUTIES OF THE JUVENILE PAROLE BOARD TO THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY; TO AMEND SECTIONS 20-7-6910, 20-7-7810 AND 20-7-7815, BOTH AS AMENDED, AND 20-7-8025, ALL RELATING TO PROVISIONS CONTAINING REFERENCES TO THE JUVENILE PAROLE BOARD, SO AS TO CONFORM THESE PROVISIONS TO THE PROVISIONS OF THIS ACT; TO ADD SECTION 20-7-8522 SO AS TO PROVIDE THAT JUVENILE RECORDS MUST BE PROVIDED TO THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY FOR CONSIDERATION OF RELEASE FOR AN ADULT OFFENDER WHO HAD A JUVENILE RECORD; TO AMEND ARTICLE 1, CHAPTER 21, TITLE 24, RELATING TO THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO TRANSFER THE POWERS AND DUTIES OF THIS BOARD TO THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY; TO AMEND ARTICLES 7 AND 11 OF CHAPTER 21, TITLE 24, RELATING TO PROCEDURES AND REQUIREMENTS FOR PAROLE AND PARDON, SO AS TO CONFORM PROVISIONS IN THESE ARTICLES TO THE PROVISIONS OF THIS ACT; TO AMEND SECTIONS 24-13-1520, 24-21-220, 24-21-221, 24-21-280, 24-21-300, 24-21-480, 24-21-540, ALL AS AMENDED, SECTIONS 24-22-30, 24-22-40, AND 24-23-30, ALL RELATING TO VARIOUS PROVISIONS CONCERNING THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO CONFORM THESE PROVISIONS TO THE PROVISIONS OF THIS ACT; TO AMEND SECTIONS 44-48-30, 44-48-40, AND 44-48-50, ALL AS AMENDED, AND ALL RELATING TO PROVISIONS CONTAINING REFERENCES TO THE JUVENILE PAROLE BOARD AND THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO CONFORM THESE PROVISIONS TO THE PROVISIONS OF THIS ACT; AND TO REPEAL SUBARTICLE 5, ARTICLE 30, CHAPTER 7, TITLE 20, RELATING TO THE JUVENILE PAROLE BOARD.
Senator ANDERSON asked unanimous consent to remove his name from the minority report on the Bill.
There was no objection and Senator ANDERSON'S name was removed from the Bill.
S. 1104 (Word version) -- Senators Thomas, Ford, Malloy, Williams and Anderson: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMISSIVE DISMISSAL BY A COURT OF A PROSECUTION FOR A DISHONORED CHECK UPON RESTITUTION, SO AS TO MAKE THE DISMISSAL MANDATORY; AND TO AMEND SECTION 34-11-100, RELATING TO THE EFFECT OF PAYMENT OF A DISHONORED CHECK AFTER THE INITIATION OF PROSECUTION, SO AS TO PROVIDE THAT PAYMENT IS GROUNDS FOR DISMISSAL OF THE CHARGES.
Senator THOMAS explained the Bill.
Senator SETZLER objected to further consideration of the Bill.
H. 4644 (Word version) -- Rep. Cooper: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGH SCHOOL LEAGUE TO SCHEDULE THE ANNUAL STATE HIGH SCHOOL FOOTBALL CHAMPIONSHIPS AT A FACILITY ON THE CAMPUS OF OTHER COLLEGES OR UNIVERSITIES WHICH MEET THE SAME SEATING CAPACITY AND OTHER CRITERIA AS THE WILLIAMS-BRICE STADIUM AT THE UNIVERSITY OF SOUTH CAROLINA IN ORDER TO EXPOSE THE PARTICIPANTS IN THE EVENT TO OTHER COLLEGES AND UNIVERSITIES IN WHICH THEY MAY BE INTERESTED IN ATTENDING.
Senator PEELER asked unanimous consent to take the Concurrent Resolution up for immediate consideration.
Senator LEVENTIS objected.
S. 1359 (Word version) -- Senator Reese: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF PINE STREET IN THE CITY OF SPARTANBURG FROM ITS INTERSECTION WITH CHURCH STREET TO ITS INTERSECTION WITH DANIEL MORGAN AVENUE THE "VIC BAILEY HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "VIC BAILEY HIGHWAY".
On motion of Senator RYBERG, the Concurrent Resolution was carried over.
Columbia, S.C., April 25, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4572 (Word version) -- Reps. Witherspoon, Frye, Rhoad and Loftis: A BILL TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DIVISION OF THE STATE INTO GAME ZONES, SO AS TO REVISE AND REDUCE THE NUMBER OF THESE GAME ZONES; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO HUNTING SEASON FOR SMALL GAME, SO AS TO FURTHER PROVIDE FOR THESE SEASONS BASED ON THE REVISED GAME ZONES AS PROVIDED FOR ABOVE; TO AMEND SECTION 50-11-150, AS AMENDED, RELATING TO BAG LIMITS, SO AS TO FURTHER PROVIDE FOR THESE BAG LIMITS BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO FURTHER PROVIDE FOR THESE OPEN SEASONS BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-335, AS AMENDED, RELATING TO BAG LIMITS ON ANTLERED DEER, SO AS TO FURTHER PROVIDE FOR THESE BAG LIMITS FOR DEER BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-350, AS AMENDED, RELATING TO PENALTIES FOR ILLEGALLY TAKING, POSSESSING, OR KILLING DEER IN CERTAIN GAME ZONES, SO AS TO REVISE REFERENCES TO PARTICULAR GAME ZONES; TO AMEND SECTION 50-11-520, AS AMENDED, RELATING TO SPECIAL STUDIES OF GAME ZONES STOCKED WITH WILD TURKEY, SO AS TO REVISE REFERENCES TO PARTICULAR GAME ZONES AND FURTHER TO PROVIDE FOR THE SEASON FOR HUNTING AND TAKING MALE WILD TURKEYS; TO AMEND SECTION 50-11-708, RELATING TO THE UNLAWFUL USE OF ARTIFICIAL LIGHTS IN GAME ZONE 6, SO AS TO REVISE THESE PROVISIONS, MAKE THEM APPLICABLE TO ALL GAME ZONES, AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO REPEAL SECTIONS 50-11-90, 50-11-555, 50-11-560, 50-11-700, 50-11-703, 50-11-704, 50-11-705, 50-11-706, AND 50-13-360 ALL RELATING TO VARIOUS WILDLIFE AND FISH AND GAME PROVISIONS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 25, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3591 (Word version) -- Reps. Brady, J.E. Smith, Harrison, Pinson, Agnew, Anthony, Ceips, Chalk, Cobb-Hunter, Frye, Haskins, Hayes, Hinson, Howard, Huggins, Jefferson, Lucas, McGee, E.H. Pitts, Taylor, Whitmire, Witherspoon, Young, Ballentine, Mahaffey, Thompson, Coates, Leach, Hagood, Clark, Sinclair, Cotty, Rhoad, Bailey, Jennings, Bales and Neilson: A BILL TO AMEND SECTION 44-53-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULE V CONTROLLED SUBSTANCES, SO AS TO INCLUDE IN SCHEDULE V ANY COMPOUND CONTAINING PSEUDOEPHEDRINE, TO REQUIRE SUCH COMPOUNDS TO BE DISPENSED ONLY BY A PHARMACIST, OR PHARMACY TECHNICIAN, TO REQUIRE A PICTURE IDENTIFICATION TO PURCHASE SUCH COMPOUNDS, TO LIMIT THE AMOUNT OF SUCH COMPOUND THAT CAN BE PURCHASED IN A THIRTY DAY PERIOD, AND TO PROVIDE THAT LIQUID OR CAPSULE FORMS OF COMPOUNDS WHERE PSEUDOEPHEDRINE IS NOT THE ONLY ACTIVE INGREDIENT ARE NOT SCHEDULE V CONTROLLED SUBSTANCES; AND TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO EXEMPT OTHER PRODUCTS BY REGULATION FROM SCHEDULE V IF THEY ARE NOT USED IN THE ILLEGAL MANUFACTURE OF METHAMPHETMINE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 25, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3060 (Word version) -- Reps. Ceips, Vaughn, Mahaffey, Sandifer, Toole, Duncan, M.A. Pitts, Umphlett, Dantzler, Whitmire, Barfield, Jefferson, Govan, Hosey, Vick, Chalk, J. Hines, Anderson, G. Brown, Miller, Battle, Whipper, Sinclair, Haley, Martin, Young, Haskins, Brady, Moody-Lawrence, Loftis, Phillips, Anthony, R. Brown, D.C. Smith, Limehouse, Coates, Owens, Rhoad, Leach, Littlejohn, Neilson, Bales, E.H. Pitts, Huggins and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 16 SO AS TO DEFINE THE TERMS "BLACKMAIL", "COMMERCIAL SEXUAL ACTIVITY", "LABOR", "SEXUALLY EXPLICIT PERFORMANCE", "SERVICES", AND "FORCED LABOR OR SERVICES", TO CREATE OFFENSES INVOLVING INVOLUNTARY SERVITUDE WHEN A PERSON SUBJECTS ANOTHER PERSON TO FORCED LABOR OR SERVICES BY CAUSING OR THREATENING PHYSICAL HARM, PHYSICAL RESTRAINT, FINANCIAL HARM, ABUSING THE LAW OR LEGAL PROCESS, OR CONCEALING OR CONFISCATING IDENTIFICATION SUCH AS A PASSPORT, WHEN A PERSON INTENTIONALLY AIDS IN SUBJECTING ANOTHER PERSON TO FORCED LABOR OR SERVICES, AND WHEN A PERSON BENEFITS FINANCIALLY AS A DIRECT RESULT OF HIS PARTICIPATION IN AN INVOLUNTARY SERVITUDE OFFENSE, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-3-810, RELATING TO ENGAGING A CHILD FOR A SEXUAL PERFORMANCE, SO AS TO REFERENCE ENGAGING A CHILD FOR COMMERCIAL SEXUAL ACTIVITY OR A SEXUALLY EXPLICIT PERFORMANCE AND TO PROVIDE AN INCREASED PENALTY IF A PERSON VIOLATES THE PROVISIONS OF THIS SECTION AND USES OVERT FORCE OR THE THREAT OF OVERT FORCE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 25, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3735 (Word version) -- Reps. Vaughn, Cato, Haskins, Hamilton, Leach, Loftis, Cotty, Pinson, Altman, Haley, Rhoad, Barfield, Branham, Cooper, Duncan, Emory, Frye, Hinson, Hosey, Limehouse, Littlejohn, Martin, Merrill, Perry, Tripp, Umphlett and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1335 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL SUSPEND A VEHICLE'S REGISTRATION AND NOT REGISTER OR REREGISTER A MOTOR VEHICLE THAT WAS OPERATED WHEN ITS DRIVER FAILED TO PAY A TOLL AND WHOSE OWNER HAS AN OUTSTANDING JUDGMENT FOR FAILURE TO PAY A TOLL ENTERED AGAINST HIM, TO PROVIDE A FIFTY DOLLAR REINSTATEMENT FEE THAT MUST BE USED TO DEFRAY THE COSTS ASSOCIATED WITH THIS SECTION; TO AMEND SECTION 57-5-1495, AS AMENDED, RELATING TO THE COLLECTION OF TOLLS, SO AS TO PROVIDE THAT UPON AN ADJUDICATION OF LIABILITY FOR FAILURE TO PAY A TOLL, THE COURT MUST MAIL A COPY OF THE JUDGMENT TO THE VEHICLE'S OWNER OR OPERATOR, TO PROVIDE THAT IF THE JUDGMENT IS NOT SATISFIED WITHIN A CERTAIN PERIOD OF TIME, THE COURT SHALL NOTIFY THE DEPARTMENT OF MOTOR VEHICLES OF THIS INCIDENT WHICH SHALL SUSPEND THE REGISTRATION OF THE VEHICLE THAT WAS OPERATED WHEN THE TOLL WAS NOT PAID AND DENY THE VEHICLE'S REGISTRATION OR REREGISTRATION UNTIL THE JUDGMENT IS SATISFIED, TO DELETE THE PROVISION THAT REFERS TO THE CITATION AS A TRAFFIC CITATION, AND TO PROVIDE THAT A "FAILURE TO PAY A TOLL" CITATION CONSTITUTES THE SUMMONS AND COMPLAINT FOR AN ACTION TO RECOVER THE TOLL AND ALL APPLICABLE FEES ALLOWED PURSUANT TO THIS SECTION.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 25, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4347 (Word version) -- Reps. Limehouse, Harrell, Bailey, Battle, Brady, Vaughn, Cobb-Hunter, Kirsh, Ballentine, Clyburn, Young, Mahaffey, Hinson, Vick, J. Brown, Ceips, Herbkersman, Simrill, Bales, M.A. Pitts, J.E. Smith, Hagood, Whipper and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-97 SO AS TO PROVIDE THAT A WOMAN MAY BREASTFEED HER CHILD IN ANY LOCATION WHERE THE MOTHER IS AUTHORIZED TO BE AND TO FURTHER PROVIDE THAT SUCH BREASTFEEDING IS NOT INDECENT EXPOSURE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF REPORTS OF COMMITTEES OF CONFERENCE AND FREE CONFERENCE.
Columbia, S.C., April 25, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has requested and was granted Free Conference Powers and has appointed Reps. Townsend, Walker and Miller to the Committee of Free Conference on the part of the House on:
H. 3010 (Word version) -- Reps. W.D. Smith, Wilkins, G.R. Smith, Vaughn, Harrison, Davenport, Sandifer, Coates, Young, Leach, Viers, Littlejohn, Rice, Hinson, Clark, Walker, Mahaffey, Duncan, Hagood and Clemmons: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO PROVIDE FOR THE CREATION OF A CAROLINA PUBLIC CHARTER SCHOOL DISTRICT, ITS GOVERNANCE, AND ITS POWERS AND DUTIES; AND TO PROVIDE FOR THE MANNER IN WHICH A CHARTER SCHOOL SPONSORED BY THE CAROLINA PUBLIC CHARTER SCHOOL DISTRICT MUST BE FORMED, FUNDED, REGULATED, AND GOVERNED.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 25, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Free Conference on:
H. 3010 (Word version) -- Reps. W.D. Smith, Wilkins, G.R. Smith, Vaughn, Harrison, Davenport, Sandifer, Coates, Young, Leach, Viers, Littlejohn, Rice, Hinson, Clark, Walker, Mahaffey, Duncan, Hagood and Clemmons: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO PROVIDE FOR THE CREATION OF A CAROLINA PUBLIC CHARTER SCHOOL DISTRICT, ITS GOVERNANCE, AND ITS POWERS AND DUTIES; AND TO PROVIDE FOR THE MANNER IN WHICH A CHARTER SCHOOL SPONSORED BY THE CAROLINA PUBLIC CHARTER SCHOOL DISTRICT MUST BE FORMED, FUNDED, REGULATED, AND GOVERNED.
Very respectfully,
Speaker of the House
Received as information.
H. 3010 (Word version) -- Reps. W.D. Smith, Wilkins, G.R. Smith, Vaughn, Harrison, Davenport, Sandifer, Coates, Young, Leach, Viers, Littlejohn, Rice, Hinson, Clark, Walker, Mahaffey, Duncan, Hagood and Clemmons: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO PROVIDE FOR THE CREATION OF A CAROLINA PUBLIC CHARTER SCHOOL DISTRICT, ITS GOVERNANCE, AND ITS POWERS AND DUTIES; AND TO PROVIDE FOR THE MANNER IN WHICH A CHARTER SCHOOL SPONSORED BY THE CAROLINA PUBLIC CHARTER SCHOOL DISTRICT MUST BE FORMED, FUNDED, REGULATED, AND GOVERNED.
The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
A message was sent to the House accordingly.
THE SENATE PROCEEDED TO A CONSIDERATION OF H. 4810, THE GENERAL APPROPRIATION BILL.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator LEATHERMAN spoke on the Bill.
Having voted on the prevailing side, Senator LEATHERMAN moved to reconsider the vote whereby Amendment No. 41 (DC HAVA Training.Doc), proposed by Senators JACKSON and RITCHIE was adopted (#16) on Tuesday, April 25, 2006.
There was no objection and the motion to reconsider the vote whereby Amendment No. 41 was adopted (#16) on Tuesday, April 25, 2006, was adopted.
The question then was the adoption of Amendment No. 41.
Senator LEATHERMAN moved to lay the amendment on the table.
Amendment No. 41 was laid on the table.
On motion of Senator LEATHERMAN, with unanimous consent, Amendment No. 64 was taken up for immediate consideration.
Senators JACKSON and RITCHIE proposed the following Amendment No. 64 (DGHAVATRAIN2.DOC), which was adopted (#17):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 551, paragraph 73.14, after line 34, by inserting:
/State Election Commission
HAVA Training for Voters $500,000/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
At 11:29 A.M., Senator LEATHERMAN asked unanimous consent to make a motion that no further amendments to the General Appropriation Bill be received on the Desk for consideration after 2:00 P.M. today, with the exception of the necessary technical and balancing amendments to be delivered and certified by the Clerk and to be adopted upon his certification for inclusion in the Bill.
There was no objection and the motion was adopted.
Senator McCONNELL raised a Point of Order that Proviso 1A.65 was out of order inasmuch as it was violative of Rule 24A.
1A.65. (SDE-EIA: School and District Report Card Dates) Notwithstanding any other requirement in law, the Department of Education must issue report cards to all schools and districts of the State no later than December first. The school's report card must be furnished to parents and the public no later than December fifteenth.
The PRESIDENT took the Point of Order under advisement and later sustained the Point of Order.
Senator McCONNELL raised a Point of Order that Proviso 36.19 was out of order inasmuch as it was violative of Rule 24A.
36.19. (DPS: CMV Fines and Fees) (A) An officer or agent of the Department of Public Safety having reason to believe that the weight of a vehicle and load is unlawful may require the driver to stop and submit to a weighing of the vehicle and load either by means of portable or stationary scales and may require that the vehicle be driven to the nearest public scales. Whenever an officer upon weighing a vehicle and load determines that the weight is unlawful, he may require the driver to stop the vehicle in a suitable place and remain standing until the portion of the load necessary to reduce the axle weight, or gross weight of the vehicle, or both, to the limits permitted under this chapter is removed. All material unloaded must be cared for by the owner or operator of the vehicle at his own risk. In determining whether the limits established by Section 56-5-4130 or 56-5-4140 of the 1976 Code have been exceeded, the scaled weights of the gross weight of vehicles and combinations of vehicles are considered to be not closer than ten percent to the true gross weight, except as otherwise provided in Section 56-5-4140.
(B) A person who operates a vehicle on a public highway whose axle weight is in excess of the limits imposed by Section 56-5-4130 or 56-5-4140 is guilty of a misdemeanor and, upon conviction, must be fined five cents per pound or imprisoned not more than thirty days, or both. If a vehicle does not exceed the gross weight limits provided for by this article, and the axle weight limits are not exceeded by more than five percent including enforcement tolerances, the fine imposed is reduced by fifty percent with a minimum fine of twenty-five dollars.
(C) A person who operates a vehicle found to exceed the excess gross weight limitations imposed by Section 56-5-4130 or 56-5-4140 is guilty of a misdemeanor and, upon conviction, shall pay to the Department of Public Safety a fine based on the following scale:
(1) 500-3,500 pounds: four cents per pound over weight limit;
(2) 3,501-6000 pounds: six cents per pound over weight limit, beginning with the first pound in excess;
(3) 6,001 pounds and over: ten cents per pound over weight limit, beginning with the first pound in excess.
The fine imposed pursuant to items (1) and (2) must be equal to one-half the rate for vehicles transporting raw farm or forest products from the farm or forest to the first market, or by fully enclosed motor vehicles designed specifically for collecting, compacting, and hauling garbage from residences or from garbage dumpsters, or by motor vehicles operating open top trailers used for hauling recyclables, scrap, and waste materials from sites without facilities for weighing, when operating for those purposes. If an operator is found to be in violation of both gross and axle limits, only one citation may be issued, the fine being for the greater of the two, for that load. No fine may be issued for violation of the vehicle registration statues if that vehicle is registered for the maximum allowable weight for that class of vehicle as provided in Section 56-5-4140.
If the operator of the vehicle, upon conviction, fails to remit the fine imposed by this subparagraph to the Department of Public Safety, the owner of the vehicle is responsible for remitting the fine. The court is prohibited from suspending any portion of this fine.
(D)(1) A person who operates a vehicle found to have out-of-service violations, other than violations of brakes out of adjustment and lighting violations which can be repaired at the scene, detected during a roadside inspection is guilty of a misdemeanor and, upon conviction, shall pay to the Department of Public Safety a fine of two hundred dollars.
(2) (a) An individual who operates a commercial motor vehicle on a public highway whose vehicle or driver is in violation of the out-of-service order as defined in 49 CFR 390.5 is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars.
(b) A company or individual who operates or allows a commercial motor vehicle to be operated on a public highway in violation of a motor carrier operation out-of-service order, or order to cease operation, is guilty of a misdemeanor and, upon conviction, must be fined one thousand dollars.
(3) If the operator of the vehicle, upon conviction, fails to remit the fine imposed by this subparagraph to the Department of Public Safety, the owner of the vehicle is responsible for remitting the fine. The court is prohibited from suspending any portion of this fine.
(E) At the time that a uniform size, weight, and safety citation is issued pursuant to this paragraph, the officer or agent who is authorized to issue the citation must inform the individual receiving the citation that he has the option, at that time, to elect to pay his fine directly to the Department of Public Safety or to receive a hearing in magistrate's court. If the individual at the time the citation is issued elects to pay his fine directly to the department within twenty-eight days, as specified on the citation, no assessments may be added to the original fine pursuant to this section. The fine may be deposited with the arresting officer or a person the department may designate. The fine must be deposited in full or other arrangements satisfactory to the department for payment must be made before the operator is allowed to move the vehicle.
(F) Magistrates have jurisdiction of all contested violations of this section. All monies collected pursuant to Section 56-5-4160 of the 1976 Code must be forwarded to the Department of Public Safety as provided for in this paragraph. A magistrate, within forty-five days, must forward all monies collected to the department for deposit in the account established in this paragraph. The department shall use these monies to establish and maintain automated data bases, to upgrade and refurbish existing weigh stations, to purchase and maintain portable scales, to hire additional State Transport Police Officers, to purchase equipment for State Transport Police Officers, and to procure other commercial motor vehicle safety measures, and fund other commercial motor vehicle safety programs that the department considers necessary. The fine may be deposited with the arresting officer or a person the department may designate. The fine must be deposited in full or other arrangements satisfactory to the department for payment must be made before the operator is allowed to move the vehicle. If there is no conviction, the fine must be returned to the owner promptly.
'Conviction', as used in this section, also includes the entry of a plea of guilty or nolo contendere and the forfeiture of bail or collateral deposited to secure a defendant's presence in the court.
If the fine is not paid in full to the Department of Public Safety within forty-five days after conviction, the license and registration of the vehicle found to violate Section 58-23-1120 of the 1976 Code or Regulations 38-423 et. seq. of the South Carolina Code of Regulations or exceed the limits imposed by Section 56-5-4130 or 56-5-4140 must be suspended. The owner of the vehicles immediately shall return the license and registration of the vehicle to the Department of Motor Vehicles. If a person fails to return them as provided in this section, the Department of Motor Vehicles may secure possession of them by a commissioned trooper or officer. The suspension continues until the fine is paid in full.
(G) The Department of Public Safety shall provide a separate uniform citation to be used by the State Transport Police Division of the Department of Public Safety. The uniform citation must be used for all size, weight, and safety violations which the State Transport Police Division of the Department of Public Safety is primarily responsible for enforcing.
(H) The issuance of a uniform citation to the operator of a vehicle for a violation of this section, Section 58-23-1120, or Regulations 38-423 et. seq. constitutes notice to the owner of the violation. The uniform citation must include the following language in bold letters to be printed across the bottom of the citation 'THE ISSUANCE OF SIZE, WEIGHT, AND SAFETY UNIFORM CITATION TO THE OPERATOR OF A VEHICLE CONSTITUTES NOTICE TO THE OWNER OF A SIZE, WEIGHT, OR SAFETY VIOLATION'.
(I) An individual who fails to conduct a safety inspection of a vehicle as required by Part 396 of the Federal Motor Carrier Safety Regulations or fails to have in his possession documentation that an inspection has been performed must be fined one hundred dollars per vehicle operated in violation of this subsection.
(J) Motor carriers, officers, or agents in charge of them, who fail or refuse to permit authorized State Transport Police representatives or employees to examine and inspect their books, records, accounts and documents, or their plants, property, or facilities, as provided by law and with reasonable notice, are guilty of a misdemeanor. Each day of such failure or refusal constitutes a separate offense and each offense is punishable by a fine of one thousand dollars.
(K) Notwithstanding any other provision of law, all fines collected pursuant to this section must be deposited into an account in the Office of the State Treasurer and called the 'Size, Weight, and Safety Revitalization Program Fund for Permanent Improvements'. Monies credited to the fund only may be expended as authorized in item (F) of this paragraph.
The PRESIDENT took the Point of Order under advisement and later sustained the Point of Order.
Senator McCONNELL raised a Point of Order that Proviso 38.8 was out of order inasmuch as it was violative of Rule 24A.
38.8. (DPPP: Restitution Center Placement Extension) From the funds appropriated to the department in Part IA, the Director of the Department of Probation, Parole and Pardon Services, or his designee, may extend the placement of an offender in a department administered restitution center for a period not to exceed six months for the purpose of collecting victim restitution. Only those offenders whose victim restitution balance can reasonably be collected during the extended six month period may be considered for this extension.
The PRESIDENT took the Point of Order under advisement and later sustained the Point of Order.
Senator McCONNELL raised a Point of Order that Proviso 63.46 was out of order inasmuch as it was violative of Rule 24A.
63.46. (BCB: National Guard Pension Eligibility) A person who becomes a member of the National Guard after June 30, 1993, if otherwise eligible, may receive a National Guard pension authorized by Chapter 10 of Title 9. The provisions of this paragraph apply to National Guard pension benefits payable on or after January 1, 2007.
The PRESIDENT took the Point of Order under advisement and later sustained the Point of Order.
Senator PEELER proposed the following Amendment No. 111 (LBNNOMEDICAIDFEES.DOC), which was adopted (#18):
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 356, paragraph 1.71, line 18, by striking in its entirety:
/1.71. (SDE: Medicaid Related Incidental Fees) Notwithstanding any other provision of law, to the extent required by any Medicaid "free care" rule, incidental fees charged to students for which third party health care reimbursement is sought can be charged to students receiving free or reduced lunch without any reduction based upon school lunch status./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator PEELER explained the amendment.
The amendment was adopted.
Senators SETZLER, FAIR, PEELER, HAYES, COURSON, HUTTO, SHORT, DRUMMOND, LAND, MATTHEWS and HAYES proposed the following Amendment No. 74 (4810B008.NGS.DOC), which was adopted (#19):
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 357, paragraph 1.75, line 4, after year degree, by striking:
/ and be certified /
Amend the bill further, as and if amended, Part IB, page 357, paragraph 1.75, line 19, by inserting:
/ In the implementation of this program, every effort must be made to first utilize existing public and private available space. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
Senators PEELER and DRUMMOND proposed the following Amendment No. 70 (DGFOOTBALL.DOC), which was withdrawn:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 358, after line 2, by adding an appropriately numbered paragraph to read:
/(SDE: Athletic Event Transportation) The 2006 high school championship football games shall be played at Clemson University. Of the funds appropriated to the Department of Education, $1,000 is appropriated to promote the event at this location. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator PEELER explained the amendment.
Senator LEVENTIS argued contra to the adoption of the amendment.
Senator HUTTO raised a Point of Order that the amendment was out of order inasmuch as it was violative of Rule 24A.
The PRESIDENT overruled the Point of Order.
Senator HUTTO argued contra to the adoption of the amendment.
Senator LEVENTIS moved to lay the amendment on the table.
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator LEVENTIS argued contra to the adoption of the amendment.
On motion of Senator PEELER, with unanimous consent, Amendment No. 70 was withdrawn.
Having voted on the prevailing side, Senator LEATHERMAN moved to reconsider the vote whereby Amendment No. 47 (LBNSUSPEND.DOC), proposed by Senator PEELER was adopted (#8) on Tuesday, April 25, 2006.
There was no objection and the motion to reconsider the vote whereby Amendment No. 47 was adopted (#8) on Tuesday, April 25, 2006, was adopted.
The question then was the adoption of Amendment No. 47.
Senator LEATHERMAN moved to lay the amendment on the table.
Amendment No. 47 was laid on the table.
Senator RITCHIE proposed the following Amendment No. 73A (DAD1AA.7 LOTTERY CF SPART.DOC), which was adopted (#20):
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 375, paragraph 1AA.7, lines 28-29, by striking lines 28 and 29 in their entirety and by inserting:
/ All Education Lottery Account revenue shall be carried forward from the prior fiscal year into the current fiscal year including any interest earnings and of those funds, $30,600,000 shall be used to support the appropriations contained below. /
Amend the bill further, as and if amended, Part IB, page 375, after line 29, by striking the appropriately numbered paragraph added by Amendment 28 and by inserting a paragraph to read:
/ After the first $30,600,000 of lottery funds carried forward from the prior fiscal year are realized, the next $12,150,000 shall be directed to the State Board of Technical and Comprehensive Education to be used for the Allied Health Initiative. The next $1,000,000 shall be directed to the State Museum Commission for the Arts Partnership of Greater Spartanburg, Inc. for educational programming in the Science Center and History Museum. The programming is to be based on South Carolina K-12 Curriculum and be used to support teachers in their classrooms and for science career development./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RITCHIE explained the amendment.
Senator LEATHERMAN spoke on the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
Senators LAND, McCONNELL and LEVENTIS proposed the following Amendment No. 108 (DAD1AA.7 LOTTERY CF.DOC), which was adopted (#21):
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 375, paragraph 1AA.7, lines 28-29, by striking lines 28 and 29 in their entirety and by inserting:
/ All Education Lottery Account revenue shall be carried forward from the prior fiscal year into the current fiscal year including any interest earnings and of those funds, $30,600,000 shall be used to support the appropriations contained below. /
Amend the bill further, as and if amended, Part IB, page 375, after line 29, by striking the appropriately numbered paragraph added by Amendment 28 and by inserting a paragraph to read:
/ After the first $30,600,000 of lottery funds carried forward from the prior fiscal year are realized, the next $12,150,000 shall be directed to the State Board of Technical and Comprehensive Education to be used for the Allied Health Initiative./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
Senator CLEARY proposed the following Amendment No. 4 (KBLOTTERY GEORGETOWN.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 376, paragraph 1AA.7, line 33, by striking Line 33 and inserting / Technical and Comprehensive Education for the Allied Health Initiative. The next $200,000 will be directed to the Georgetown County First Steps Program. The next $200,000 shall be directed to the S.C. School /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator CLEARY explained the amendment.
Senator LEATHERMAN spoke on the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator RITCHIE proposed the following Amendment No. 73B (DAD1AA.7 LOTTERY CF SPART 500K.DOC), which was adopted (#22):
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 375, paragraph 1AA.7, lines 28-29, by striking lines 28 and 29 in their entirety and by inserting:
/ All Education Lottery Account revenue shall be carried forward from the prior fiscal year into the current fiscal year including any interest earnings and of those funds, $30,600,000 shall be used to support the appropriations contained below. /
Amend the bill further, as and if amended, Part IB, page 375, after line 29, by striking the appropriately numbered paragraph added by Amendment 28 and by inserting a paragraph to read:
/ After the first $30,600,000 of lottery funds carried forward from the prior fiscal year are realized, the next $12,150,000 shall be directed to the State Board of Technical and Comprehensive Education to be used for the Allied Health Initiative. The next $500,000 shall be directed to the State Museum Commission for the Arts Partnership of Greater Spartanburg, Inc. for educational programming in the Science Center and History Museum. The programming is to be based on South Carolina K-12 Curriculum and be used to support teachers in their classrooms and for science career development./
Renumber sections to conform.
Amend sections, totals and title to conform.
The amendment was adopted.
The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Proviso 1A.65 was out of order inasmuch as it was violative of Rule 24A.
1A.65. (SDE-EIA: School and District Report Card Dates) Notwithstanding any other requirement in law, the Department of Education must issue report cards to all schools and districts of the State no later than December first. The school's report card must be furnished to parents and the public no later than December fifteenth.
The PRESIDENT sustained the Point of Order.
The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Proviso 36.19 was out of order inasmuch as it was violative of Rule 24A.
36.19. (DPS: CMV Fines and Fees) (A) An officer or agent of the Department of Public Safety having reason to believe that the weight of a vehicle and load is unlawful may require the driver to stop and submit to a weighing of the vehicle and load either by means of portable or stationary scales and may require that the vehicle be driven to the nearest public scales. Whenever an officer upon weighing a vehicle and load determines that the weight is unlawful, he may require the driver to stop the vehicle in a suitable place and remain standing until the portion of the load necessary to reduce the axle weight, or gross weight of the vehicle, or both, to the limits permitted under this chapter is removed. All material unloaded must be cared for by the owner or operator of the vehicle at his own risk. In determining whether the limits established by Section 56-5-4130 or 56-5-4140 of the 1976 Code have been exceeded, the scaled weights of the gross weight of vehicles and combinations of vehicles are considered to be not closer than ten percent to the true gross weight, except as otherwise provided in Section 56-5-4140.
(B) A person who operates a vehicle on a public highway whose axle weight is in excess of the limits imposed by Section 56-5-4130 or 56-5-4140 is guilty of a misdemeanor and, upon conviction, must be fined five cents per pound or imprisoned not more than thirty days, or both. If a vehicle does not exceed the gross weight limits provided for by this article, and the axle weight limits are not exceeded by more than five percent including enforcement tolerances, the fine imposed is reduced by fifty percent with a minimum fine of twenty-five dollars.
(C) A person who operates a vehicle found to exceed the excess gross weight limitations imposed by Section 56-5-4130 or 56-5-4140 is guilty of a misdemeanor and, upon conviction, shall pay to the Department of Public Safety a fine based on the following scale:
(1) 500-3,500 pounds: four cents per pound over weight limit;
(2) 3,501-6000 pounds: six cents per pound over weight limit, beginning with the first pound in excess;
(3) 6,001 pounds and over: ten cents per pound over weight limit, beginning with the first pound in excess.
The fine imposed pursuant to items (1) and (2) must be equal to one-half the rate for vehicles transporting raw farm or forest products from the farm or forest to the first market, or by fully enclosed motor vehicles designed specifically for collecting, compacting, and hauling garbage from residences or from garbage dumpsters, or by motor vehicles operating open top trailers used for hauling recyclables, scrap, and waste materials from sites without facilities for weighing, when operating for those purposes. If an operator is found to be in violation of both gross and axle limits, only one citation may be issued, the fine being for the greater of the two, for that load. No fine may be issued for violation of the vehicle registration statues if that vehicle is registered for the maximum allowable weight for that class of vehicle as provided in Section 56-5-4140.
If the operator of the vehicle, upon conviction, fails to remit the fine imposed by this subparagraph to the Department of Public Safety, the owner of the vehicle is responsible for remitting the fine. The court is prohibited from suspending any portion of this fine.
(D)(1) A person who operates a vehicle found to have out-of-service violations, other than violations of brakes out of adjustment and lighting violations which can be repaired at the scene, detected during a roadside inspection is guilty of a misdemeanor and, upon conviction, shall pay to the Department of Public Safety a fine of two hundred dollars.
(2) (a) An individual who operates a commercial motor vehicle on a public highway whose vehicle or driver is in violation of the out-of-service order as defined in 49 CFR 390.5 is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars.
(b) A company or individual who operates or allows a commercial motor vehicle to be operated on a public highway in violation of a motor carrier operation out-of-service order, or order to cease operation, is guilty of a misdemeanor and, upon conviction, must be fined one thousand dollars.
(3) If the operator of the vehicle, upon conviction, fails to remit the fine imposed by this subparagraph to the Department of Public Safety, the owner of the vehicle is responsible for remitting the fine. The court is prohibited from suspending any portion of this fine.
(E) At the time that a uniform size, weight, and safety citation is issued pursuant to this paragraph, the officer or agent who is authorized to issue the citation must inform the individual receiving the citation that he has the option, at that time, to elect to pay his fine directly to the Department of Public Safety or to receive a hearing in magistrate's court. If the individual at the time the citation is issued elects to pay his fine directly to the department within twenty-eight days, as specified on the citation, no assessments may be added to the original fine pursuant to this section. The fine may be deposited with the arresting officer or a person the department may designate. The fine must be deposited in full or other arrangements satisfactory to the department for payment must be made before the operator is allowed to move the vehicle.
(F) Magistrates have jurisdiction of all contested violations of this section. All monies collected pursuant to Section 56-5-4160 of the 1976 Code must be forwarded to the Department of Public Safety as provided for in this paragraph. A magistrate, within forty-five days, must forward all monies collected to the department for deposit in the account established in this paragraph. The department shall use these monies to establish and maintain automated data bases, to upgrade and refurbish existing weigh stations, to purchase and maintain portable scales, to hire additional State Transport Police Officers, to purchase equipment for State Transport Police Officers, and to procure other commercial motor vehicle safety measures, and fund other commercial motor vehicle safety programs that the department considers necessary. The fine may be deposited with the arresting officer or a person the department may designate. The fine must be deposited in full or other arrangements satisfactory to the department for payment must be made before the operator is allowed to move the vehicle. If there is no conviction, the fine must be returned to the owner promptly.
'Conviction', as used in this section, also includes the entry of a plea of guilty or nolo contendere and the forfeiture of bail or collateral deposited to secure a defendant's presence in the court.
If the fine is not paid in full to the Department of Public Safety within forty-five days after conviction, the license and registration of the vehicle found to violate Section 58-23-1120 of the 1976 Code or Regulations 38-423 et. seq. of the South Carolina Code of Regulations or exceed the limits imposed by Section 56-5-4130 or 56-5-4140 must be suspended. The owner of the vehicles immediately shall return the license and registration of the vehicle to the Department of Motor Vehicles. If a person fails to return them as provided in this section, the Department of Motor Vehicles may secure possession of them by a commissioned trooper or officer. The suspension continues until the fine is paid in full.
(G) The Department of Public Safety shall provide a separate uniform citation to be used by the State Transport Police Division of the Department of Public Safety. The uniform citation must be used for all size, weight, and safety violations which the State Transport Police Division of the Department of Public Safety is primarily responsible for enforcing.
(H) The issuance of a uniform citation to the operator of a vehicle for a violation of this section, Section 58-23-1120, or Regulations 38-423 et. seq. constitutes notice to the owner of the violation. The uniform citation must include the following language in bold letters to be printed across the bottom of the citation 'THE ISSUANCE OF SIZE, WEIGHT, AND SAFETY UNIFORM CITATION TO THE OPERATOR OF A VEHICLE CONSTITUTES NOTICE TO THE OWNER OF A SIZE, WEIGHT, OR SAFETY VIOLATION'.
(I) An individual who fails to conduct a safety inspection of a vehicle as required by Part 396 of the Federal Motor Carrier Safety Regulations or fails to have in his possession documentation that an inspection has been performed must be fined one hundred dollars per vehicle operated in violation of this subsection.
(J) Motor carriers, officers, or agents in charge of them, who fail or refuse to permit authorized State Transport Police representatives or employees to examine and inspect their books, records, accounts and documents, or their plants, property, or facilities, as provided by law and with reasonable notice, are guilty of a misdemeanor. Each day of such failure or refusal constitutes a separate offense and each offense is punishable by a fine of one thousand dollars.
(K) Notwithstanding any other provision of law, all fines collected pursuant to this section must be deposited into an account in the Office of the State Treasurer and called the 'Size, Weight, and Safety Revitalization Program Fund for Permanent Improvements'. Monies credited to the fund only may be expended as authorized in item (F) of this paragraph.
The PRESIDENT sustained the Point of Order.
The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Proviso 38.8 was out of order inasmuch as it was violative of Rule 24A.
38.8. (DPPP: Restitution Center Placement Extension) From the funds appropriated to the department in Part IA, the Director of the Department of Probation, Parole and Pardon Services, or his designee, may extend the placement of an offender in a department administered restitution center for a period not to exceed six months for the purpose of collecting victim restitution. Only those offenders whose victim restitution balance can reasonably be collected during the extended six month period may be considered for this extension.
The PRESIDENT sustained the Point of Order.
The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Proviso 63.46 was out of order inasmuch as it was violative of Rule 24A.
63.46. (BCB: National Guard Pension Eligibility) A person who becomes a member of the National Guard after June 30, 1993, if otherwise eligible, may receive a National Guard pension authorized by Chapter 10 of Title 9. The provisions of this paragraph apply to National Guard pension benefits payable on or after January 1, 2007.
The PRESIDENT sustained the Point of Order.
Senator BRYANT proposed the following Amendment No. 11 (BEH08.001.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 392, paragraph 30, line 20, by striking the paragraph in its entirety.
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator BRYANT explained the amendment.
Senator ALEXANDER spoke on the amendment.
Senator ALEXANDER moved to lay the amendment on the table.
By a division vote of 20-8, the amendment was laid on the table.
On motion of Senator McCONNELL, debate was interrupted by recess.
At 1:17 P.M., on motion of Senator McCONNELL, the Senate receded from business until 1:45 P.M.
The Senate reassembled at 2:10 P.M. and was called to order by the PRESIDENT.
The Senate resumed consideration of the Bill, the question being the third reading of the Bill.
Senator MATTHEWS proposed the following Amendment No. 148 (BEH08FQC.DOC), which was adopted (#23):
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 395, after line 20, by adding an appropriately numbered paragraph to read:
/(DHHS: Federally Qualified Health Centers-Pharmacies) (A) Federally qualified health centers are exempt from provisions of Chapter 43, title 40 of the 1976 Code that require:
(1) all facilities distributing or dispensing prescription drugs to be permitted by the Board of Pharmacy;
(2) each pharmacy to have a pharmacist-in-charge;
(3) a pharmacist to be physically present in the pharmacy or health center delivery site in order to serve as the pharmacist-in-charge;
(4) a pharmacist to serve as a pharmacist-in-charge for only one pharmacy at a time.
(B) A federally qualified health center must be recognized as a covered entity under Section 40-43-60(I) of the 1976 Code allowing licensed practitioners, as defined by Section 40-43-30(45), to dispense drugs or devices that are the lawful property of the practitioner or the corporation.
(C) A federally qualified health center may transport medications in the same manner as allowed by laws for free clinics and/or private physician practices./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator MATTHEWS explained the amendment.
Senator ALEXANDER spoke on the amendment.
Senator ALEXANDER moved that the amendment be adopted.
The amendment was adopted.
Senators LEATHERMAN and ALEXANDER, proposed the following Amendment No. 156 (BEHTRAUMA1.DOC), which was adopted (#24):
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 403, paragraph 55, lines 30 -31, by striking the lines in their entirety and inserting /hospitals and trauma physician fees, 11% of the 21% must be disbursed to EMS providers for training EMTs, Advanced EMTs and paramedics by the for regional councils of this state and the remaining 10% must be disbursed to EMS providers in counties with high trauma mortality rates, and 2% allocated to the department for administration of the fund and support of the trauma system. The Department of Health and /
Amend the bill further, as and if amended, Part IB, page 548, Section 73, STATEWIDE REVENUE, paragraph 14, lines 3 - 4, by striking the lines in their entirety and inserting /hospitals and trauma physician fees, 11% of the 21% must be disbursed to EMS providers for training EMTs, Advanced EMTs and paramedics by the for regional councils of this state and the remaining 10% must be disbursed to EMS providers in counties with high trauma mortality rates, and 2% allocated to the department for administration of the fund and support of the trauma system. The Department of Health and /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator ALEXANDER explained the amendment.
The amendment was adopted.
Senators McCONNELL, CAMPSEN, RANKIN, ELLIOTT and MOORE proposed the following Amendment No. 146 (DAD26.11 TOURISM.DOC), which was adopted (#25):
Amend the bill, as and if amended, Part IB, Section 26, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 425, paragraph 26.11, line 15, by striking /geographic/ and inserting /tourism/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
Senators RANKIN, THOMAS, LAND and HAWKINS proposed the following Amendment No. 67 (KBWORKERS COMP STUDY.DOC), which was withdrawn:
Amend the bill, as and if amended, Part IB, Section 47, DEPARTMENT OF INSURANCE, page 459, paragraph 47.6, by striking the proviso in its entirety, lines 21 - 25 and inserting / (INS: Workers' Compensation Study Committee) From funds appropriated to the Department of Insurance, the department shall create a Workers' Compensation Study Committee that shall consist of thirteen members as follows: three members of the House of Representatives appointed by the Speaker of the House of Representatives, three members of the Senate appointed by the President Pro Tempore of the Senate, the consumer advocate appointed by the Governor, and one member upon concurrence of the Speaker of the House of Representatives and President Pro Tempore of the Senate upon the recommendation of each of the following organizations: the South Carolina Chamber of Commerce, the South Carolina Small Business Chamber of Commerce, South Carolina Fair Share, the South Carolina Trial Lawyers Association, the South Carolina Defense Trial Attorneys Association, and the Association of South Carolina Claimants Attorneys.
The committee shall review appeals, the integrity of data used in rate making and experience rating, the ability of the rating organization and the assigned risk plan administrator, staffing levels of the rating organization and the assigned risk plan administrator, and shall provide recommendations to the department regarding the delivery system for workers' compensation insurance and proposed improvements.
The committee shall review the separate rating organization tasks now performed in South Carolina for workers' compensation. The tasks to be reviewed include data collection, data accuracy, enforcement of classification plans, rate filings, assigned risk plan management, customer service to the citizens of South Carolina, and customer service to the Department of Insurance. The committee must provide a report and its recommendations on how these tasks have been performed and if a new rating organization should be created to perform all or some of the above tasks that may be appropriate. The report shall be completed by December 10, 2006, and copies must be provided to the Director of the Department of Insurance, the Executive Director of the Workers' Compensation Commission, the Speaker of the House of Representatives and the President Pro Tempore of the Senate.
The committee may retain the services of an independent actuary to compile a study of the workers' compensation rates from the period of July 1, 2005 to June 30, 2006. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RICHARDSON spoke on the amendment.
Senator RANKIN explained the amendment.
Senator MARTIN spoke on the amendment.
Senator McCONNELL spoke on the amendment.
Senator HAWKINS argued in favor of the adoption of the amendment.
On motion of Senator RANKIN, with unanimous consent, the amendment was withdrawn.
Senator LEATHERMAN proposed the following Amendment No. 182 (4810R030.HKL.DOC), which was adopted (#26):
Amend the bill, as and if amended, Part IB, Section 47, DEPARTMENT OF INSURANCE, page 459, by striking paragraph 47.6 in its entirety.
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
Senator GROOMS proposed the following Amendment No. 51 (9435HTC06.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 53, DEPARTMENT OF TRANSPORTATION, page 464, by adding a new paragraph appropriately numbered, to read:
/ 53.__ (DOT: Prohibition on Use of Funds) Without the express approval of the General Assembly, no state general funds, highway funds, or other funds regardless of source, including credits received for state costs incurred in administering the Federal-Aid Highway Program, may be used, directly or indirectly, in the current fiscal year by the South Carolina Department of Transportation whether appropriated in Section 53, Part IA of this act, or elsewhere in this act on planning, designing, constructing, seeking funding for, securing right of way for, or seeking or approving environmental permits or certifications for any new bridge in excess of one thousand feet that would transect a wetland and a Santee Cooper (South Carolina Public Service Authority) Natural Area designated as of February, 1980. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator GROOMS explained the amendment.
Senator LEVENTIS spoke on the amendment.
Senator LEVENTIS raised a Point of Order that the amendment was out of order inasmuch as it was violative of Rule 24A.
The PRESIDENT overruled the Point of Order.
Senator LEVENTIS argued contra to the adoption of the amendment.
Senator MATTHEWS argued contra to the adoption of the amendment.
Senator MATTHEWS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Cleary Drummond Elliott Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Matthews McConnell McGill Patterson Pinckney Rankin Reese Setzler Short Williams
Alexander Bryant Campsen Courson Cromer Fair Gregory Grooms Hawkins Hayes Martin Mescher Peeler Richardson Ritchie Ryberg Scott Thomas Verdin
The amendment was laid on the table.
Senator CLEARY spoke on Amendment No. 51.
Senator PEELER proposed the following Amendment No. 142 (DGINTERSTATE85.DOC), which was adopted (#27):
Amend the bill, as and if amended, Part IB, Section 53, DEPARTMENT OF TRANSPORTATION, page 464, after line 17, by adding an appropriately numbered paragraph to read:
/(DOT: Feasibility Study) The Department of Transportation shall conduct a study regarding the widening of the Interstate 85 Corridor in Cherokee County. The study shall take into consideration traffic conditions, road conditions, and vehicle miles traveled on the Corridor. The Department shall submit a report to the Speaker of the House of Representatives and the President Pro Tempore of the Senate by June 30, 2007. The report shall include the potential costs and duration of any project designed to prepare the Corridor for future transportation needs. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator PEELER explained the amendment.
The amendment was adopted.
Senator SHORT proposed the following Amendment No. 86 (4810LS54.24.DOC), which was adopted (#28):
Amend the bill, as and if amended, Part IB, Section 54, LEGISLATIVE DEPARTMENT, page 468, paragraph 54.24, lines 27and 28, by striking / House Labor, Commerce, and Industry Committee, or his designee; and two South Carolina residents concerned with consumer protections appointed jointly by the President Pro Tempore of the Senate and the Speaker of the House of Representatives. / and inserting / House Labor, Commerce, and Industry Committee, or his designee; one member from the SC Board of Financial Institution; one representative from the SC Appleseed Legal Justice; and one representative from the Community Financial Services Association of America./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SHORT explained the amendment.
The amendment was adopted.
Senator THOMAS proposed the following Amendment No. 151 (DGEXPUNGELAW.DOC), which was adopted (#29):
Amend the bill, as and if amended, Part IB, Section 54, LEGISLATIVE DEPARTMENT, page 469, after line 5, by adding an appropriately numbered paragraph to read:
/(LEG: Uniform Expungement Study) There is created a joint study committee to examine the feasibility of creating a uniform expungement law. The committee shall consist of six members, appointed as follows: three members by the Speaker of the House of Representatives and three members by the President Pro Tempore of the Senate. The committee must submit its report to the Speaker of the House of Representatives and the President Pro Tempore of the Senate by February 1, 2007. All costs associated with the committee shall be borne by the appointing body, from funds appropriated in Part 1A, Sections 54A and 54B./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator THOMAS explained the amendment.
The amendment was adopted.
Senator KNOTTS proposed the following Amendment No. 138 (4810R022.JMK.DOC), which was adopted (#30):
Amend the bill, as and if amended, Part IB, Section 54, LEGISLATIVE DEPARTMENT, page 470, by inserting an appropriately numbered new paragraph to read:
/ 54. __. (LEG: Senate Study Committee) There is created a Senate study committee to review the Legislative Audit Council's review of the South Carolina Department of Transportation. The committee shall study issues related to the Council's review and make a final written report of its findings to the Senate by January 1, 2007. The study committee shall consist of two members of the Senate Transportation Committee designated by the chairman of the Senate Transportation Committee, two members designated by the Senate majority leader, one member designated by the President Pro Tempore, one member designated by the Senate minority leader, and one member designated by the Lieutenant Governor. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator KNOTTS explained the amendment.
The amendment was adopted.
At 3:10 P.M., Senator KNOTTS assumed the Chair.
Senator RYBERG proposed the following Amendment No. 157 (4810R024.WGR.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 484, by striking lines 27 - 33./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RYBERG explained the amendment.
Senator THOMAS spoke on the amendment.
Senator MARTIN spoke on the amendment.
Senator MARTIN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Cromer Drummond Elliott Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill Mescher O'Dell Patterson Peeler Pinckney Rankin Reese Setzler Sheheen Short Thomas Verdin Williams
Bryant Campsen Courson Fair Gregory Grooms Hawkins Richardson Ryberg
The amendment was laid on the table.
Senator RYBERG proposed the following Amendment No. 158 (4810R025.WGR.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 494, by striking lines 15 - 19.
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RYBERG explained the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator RYBERG proposed the following Amendment No. 159 (4810R026.WGR.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 494, by striking lines 20 - 22.
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RYBERG explained the amendment.
Senator THOMAS spoke on the amendment.
Senator THOMAS moved to lay the amendment on the table.
The amendment was laid on the table.
Senator RICHARDSON proposed the following Amendment No. 166 (BEHDENTALSTUDY.DOC), which was adopted (#31):
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 528, after line 13, by adding an appropriately numbered paragraph to read:
/(Rural Community Physicians Loan Assistance Program) There is created the Rural Physicians Loan Assistance Program consisting of seven members: one appointed by the Governor, one appointed by the President Pro Tempore of Senate, one appointed by the Speaker of the House, and one representative each from the University of South Carolina, the Medical University of South Carolina, the Medical Association and the Hospital Association. The Committee is to examine the need for physicians in the rural areas of our state and to make recommendations for a loan assistance program with the goal of hiring and retaining physicians in the state's rural communities. The committee shall provide a written report to the General Assembly by December 15, 2006./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN spoke on the amendment.
The amendment was adopted.
Senator CAMPSEN proposed the following Amendment No. 46A (DC $25 SURCHARGE SUBSTITUTE.DOC), which was adopted (#32):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 528, paragraph 73.2, by striking line 29 and inserting:
/ general sessions court or in magistrates' or municipal court for misdemeanor traffic offenses or for nontraffic violations. No portion of the surcharge may be applied toward parking violations created by state law or local ordinance. No /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator CAMPSEN explained the amendment.
Senator FAIR spoke on the amendment.
The amendment was adopted.
Senator BRYANT proposed the following Amendment No. 161 (4810R016.KLB.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 539, paragraph 73.14, by striking the proviso in its entirety and inserting:
/ 73.14. (SR: Unobligated FY 05-06 General Fund Revenue) (A) The source of general fund revenue appropriated in this provision is $425,666,570 of Fiscal Year 2005-06 unobligated general fund revenue as certified by the Board of Economic Advisors. This revenue is deemed to have occurred and is available for use in Fiscal Year 2006-07 after September 1, 2006, following the Comptroller General's close of the state's books on Fiscal Year 2005-06.
(B) From such Fiscal Year 2005-06 unobligated general fund revenues the appropriations in this provision are listed in priority order beginning with Trust Fund Repayment item (1) and each separate appropriation item or subitem must be fully funded before the next item or subitem in order is paid. Provided, however, that any individual item may be partially funded in the order in which it appears to the extent that revenues are available.
(1) The following sums are appropriated for Trust Fund Repayment:
(a) D17-Governor's Office OEPP
Subfund 4892 Legacy Trust Fund $1,801;
(b) E12-Comptroller General's Office
Subfund 4007 Unemployment Compensation $2,400,000;
(c) E16-State Treasurer's Office
(i) Subfund 4070 SC Housing Trust Fund $6,475,569;
(ii) Subfund 4693 Atmc Wste Brl Fd-Chm Nclr
(Barnwell) $64,634,813;
(iii)Subfund 43A8 Barnwell Economic Development
Fund $596,616;
(iv) Subfund 4843 Local Option Sales Tax $163,568;
(v) Subfund 4955 911 Phone Surcharge $9,408,399;
(d) F03-Budget and Control Board
(i) Subfund 3774 Reserve Accounts $2,600,000;
(ii) Subfund 4161 Insurance Reserve Fund $22,937,800;
(iii)Subfund 4161 Insurance Reserve Fund $27,900,000;
(iv) Subfund 4202 State Life and LTD $4,099,594;
(e) J04-Department of Health and Environmental Control
(i) Subfund 3157 Environmental Protection Fnd, Subfund 4545
Waste Tire Grant Trust Fund, Subfund 4546
Petroleum Fnd $4,000,000;
(ii) Subfund 3678 County Hazardous Waste
Contingency Fund $1,000,000;
(iii)Subfund 4984 SUPERB Account $941,340;
(f) L32-Housing Finance and Development Authority
Subfund 4797 SHA Program Fund $1,617,784;
(g) R40-Department of Motor Vehicles
Subfund 3264 Operating Revenue $4,000,000;
(h) P28-Department of Parks, Recreation, and Tourism
Subfund 4126 PRT Development Fund $276,379;
(i) R12-State Accident Fund
(i) Subfund 4033 Workers' Compensation Fund $13,354,722;
(ii) Subfund 4168 Escrow Funds $22,257;
(j) R04-Public Service Commission
Subfund 3035 $1,900,000;
(k) R36-Department of Labor, Licensing, & Regulation:
(i) Subfund 3035 Operating Revenue $500,000;
(ii) Subfund 3135 POLA Revenue $1,997,509;
(iii)Subfund 3173 Education & Research Fund $124,561;
(iv) Subfund 3730 Vacation Time Sharing
Recognition $252,980;
(v) Subfund 4592 Auctioneer Recovery Fund $ 136,899;
(l) P32-Department of Commerce-Public Railways Commission:
(i) Subfund 4813 E Cooper & Berkeley RR $2,193,850;
(ii) Subfund 4814 Operating & Maintenance $ 745,277.
(2) All Fiscal Year 2005-06 unobligated general fund revenues remaining after completing Trust Fund Repayment pursuant to subsection B(1) and any actual Fiscal Year 2005-06 General Fund revenue collections above the amount certified by the Board of Economic Advisors must be used to provide a refundable individual income tax credit for each taxpayer filing a 2006 South Carolina individual income tax return. All income tax filers with a tax liability shall be credited an equal amount provided that a husband and wife who file a joint return shall be credited twice the amount of a single filer. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator BRYANT explained the amendment.
Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as it was violative of Rule 24A.
The ACTING PRESIDENT overruled the Point of Order.
Senator BRYANT continued arguing in favor of the adoption of the amendment.
Senator LEATHERMAN spoke on the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Drummond Elliott Fair Ford Gregory Hayes Hutto Jackson Land Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill Mescher Moore * O'Dell Patterson Pinckney Rankin Reese Richardson Scott Setzler Sheheen Short Thomas Williams
Bryant Campsen Courson Cromer Grooms Hawkins Knotts Peeler Ryberg Verdin
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The amendment was laid on the table.
I moved to table Amendment No. 161 to H. 4810, the General Appropriation Bill, because in my opinion if we were to adopt this amendment The Senate would be forced to cut state agency budgets. The possibility of cutting the budgets for schools, health care, law enforcement and emergency operations is not being responsible to our citizens. My responsibility as Chairman of the Senate Finance Committee is to make sure we pass a budget that is balanced, takes care of the needs of our citizens and is responsible not only for FY 06-07 but responsible to the citizens of South Carolina in future budget years.
Senator HAYES proposed the following Amendment No. 183 (DGNATLGUARD.DOC), which was adopted (#33):
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 494, after line 27, by adding an appropriately numbered paragraph to read:
/(BCB: National Guard Pension Eligibility) From the $3,948,224 appropriated in Part 1A, Section 63B, a person who becomes a member of the National Guard after June 30, 1993, if otherwise eligible, may receive a National Guard pension authorized by Chapter 10 of Title 9. The provisions of this paragraph apply to National Guard pension benefits payable on or after January 1, 2007./
Renumber sections to conform.
Amend sections, totals and title to conform.
The amendment was adopted.
Senators ALEXANDER, THOMAS, SHORT, LOURIE, CLEARY, ANDERSON, BRYANT, CAMPSEN, COURSON, CROMER, DRUMMOND, ELLIOTT, FAIR, FORD, GREGORY, GROOMS, HAWKINS, HAYES, HUTTO, JACKSON, KNOTTS, LAND, LEATHERMAN, LEVENTIS, MALLOY, MARTIN, MATTHEWS, McCONNELL, McGILL, MESCHER, MOORE, O'DELL, PATTERSON, PEELER, PINCKNEY, RANKIN, REESE, RICHARDSON, RITCHIE, RYBERG, SCOTT, SETZLER, SHEHEEN, J. VERNE SMITH, VERDIN and WILLIAMS proposed the following Amendment No. 125 (BEHAUTISM3.DOC), which was adopted (#34):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 544, paragraph 14, line 25, by striking the paragraph in its entirety and inserting an appropriately numbered paragraph to read /The three million dollars appropriated to the Department of Disabilities and Special Needs, as the agency authorized to treat autistic disorder, shall be designated for a Medicaid pilot project to treat children who have been diagnosed by eight years of age with a pervasive developmental disorder. The pilot project must target the youngest ages feasible for treatment effectiveness, treatment for each individual child shall not exceed three years without a special exception as defined in the waiver, and reimbursement for each individual participant may not exceed $50,000 per year. The Department of Disabilities and Special Needs and the Department of Health and Human Services will determine the areas of the State with the greatest need and availability of providers. Children participating in the pilot project will be selected based upon an application system developed in compliance with the Medicaid waiver. Treatment will be provided as authorized and prescribed by the department according to the degree of the developmental disability. In authorizing and prescribing treatment the department may award grants or negotiate and contract with public or private entities to implement intervention programs for children who have been diagnosed with a pervasive developmental disorder. "Pervasive developmental disorder" means a neurological condition, including autistic disorder and Asperger's syndrome, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association. By June 30, 2007, the department shall report to the General Assembly and the Governor on the developmental progress of the children participating in the pilot project. This provision does not establish or authorize creation of an entitlement program or benefit. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator ALEXANDER explained the amendment.
The amendment was adopted.
Senator LEATHERMAN proposed the following Amendment No. 135 (BEH73.001.DOC), which was adopted (#35):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 549, paragraph 14, line 36, by striking line 36 and inserting /Orthopaedic Education Initiative - Orthopaedic Research Foundation of the Carolinas, Inc./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senator LEATHERMAN proposed the following Amendment No. 40 (CP73MIDHEALTH.DOC), which was adopted (#36):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 550, paragraph 14, line 2, by striking the line in its entirety.
Amend the bill further, as and if amended, Part IB, page 550, after line 2, by adding an appropriately numbered item to read:
/J04-Department of Health and Environmental Control
Midlands Community Health Center......$675,000;/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senators THOMAS, RYBERG, HAWKINS, GROOMS, BRYANT, CAMPSEN, PEELER and RITCHIE desired to be recorded as voting against the adoption of the amendment.
Senator LEATHERMAN proposed the following Amendment No. 134 (CP73MIDHEALTH.DOC), which was adopted (#37):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 550, paragraph 14, line 2, by striking the line in its entirety.
Amend the bill further, as and if amended, Part IB, page 550, after line 2, by adding an appropriately numbered item to read:
/J04-Department of Health and Environmental Control
Midlands Community Health Center......$675,000;/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senators THOMAS, RYBERG, HAWKINS, GROOMS, BRYANT, CAMPSEN, PEELER and RITCHIE desired to be recorded as voting against the adoption of the amendment.
Senator LOURIE proposed the following Amendment No. 98 (DAD73.14 SCRABBL3 200K.DOC), which was adopted (#38):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 550, paragraph 73.14, line 20, opposite Expansion Work on Hard Scrabble Road, by striking /100,000/ and inserting /200,000/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LOURIE explained the amendment.
The amendment was adopted.
Senators THOMAS, RYBERG, HAWKINS, GROOMS, BRYANT, CAMPSEN, PEELER and RITCHIE desired to be recorded as voting against the adoption of the amendment.
At 4:38 P.M., on motion of Senator McCONNELL, the Senate receded from business not to exceed two minutes.
At 4:52 P.M., the Senate resumed.
Senator LEATHERMAN asked unanimous consent to make a motion that the amendments drawn to Proviso 73.14 would be implemented in the order in which they were adopted regardless of the directional language contained in each amendment.
There was no objection and the motion was adopted.
Senators WILLIAMS and ELLIOTT proposed the following Amendment No. 117A (KBMARION SEN CTR SUB.DOC), which was adopted (#39):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 551, paragraph 73.14, after line 34, by inserting an appropriately numbered item to read:
/F03-Budget and Control Board
Marion County Senior Center $250,000/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senators THOMAS, RYBERG, HAWKINS, GROOMS, BRYANT, CAMPSEN, PEELER and RITCHIE desired to be recorded as voting against the adoption of the amendment.
Senator HUTTO proposed the following Amendment No. 23 (BEHSA005.DOC), which was adopted (#40):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 551, paragraph 14, line 34, by inserting an appropriately numbered item to read:
/F03 - Budget and Control Board
Old Springfield High School renovations 75,000/
Renumber sections to conform.
Amend sections, totals and title to conform.
The amendment was adopted.
Senators THOMAS, RYBERG, HAWKINS, GROOMS, BRYANT, CAMPSEN, PEELER and RITCHIE desired to be recorded as voting against the adoption of the amendment.
Senator CROMER proposed the following Amendment No. 27A (DCSMARTRIDESUB.DOC), which was adopted (#41):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 551, paragraph 73.14, after line 34, by inserting:
/ Department of Transportation
Smart Ride Program - Newberry & Camden $380,000/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator CROMER explained the amendment.
The amendment was adopted.
Senators THOMAS, RYBERG, HAWKINS, GROOMS, BRYANT, CAMPSEN, PEELER and RITCHIE desired to be recorded as voting against the adoption of the amendment.
At 5:00 P.M., on motion of Senator PEELER, the Senate receded from business not to exceed five minutes.
At 5:10 P.M., the Senate resumed.
At 5:10 P.M., the PRESIDENT assumed the Chair.
Senator CLEARY proposed the following Amendment No. 60A (KBBROOKGREEN SUB3.DOC), which was adopted (#42):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 551, paragraph 73.14, after line 34, by inserting an appropriately numbered item to read:
/P28-Parks, Recreation, and Tourism
Brookgreen Gardens Maintenance and Transportation $108,000/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator CLEARY explained the amendment.
Senator LEATHERMAN spoke on the amendment.
Senator THOMAS spoke on the amendment.
The amendment was adopted.
Senators THOMAS, RYBERG, HAWKINS, GROOMS, BRYANT, CAMPSEN, PEELER and RITCHIE desired to be recorded as voting against the adoption of the amendment.
I voted against all requests on the "wish list" spending not studied in Finance sub-committees or in the full Finance Committee. This is a bad budgeting practice and it spends funds without analysis.
Senator CAMPSEN raised a Point of Order that the amendments drawn to Section 73 were out of order inasmuch as the section was violative of Section 11-11-140(A)(2) of the South Carolina Code of Laws, 1976, as amended.
Senator MALLOY spoke on the Point of Order.
Senator LEATHERMAN spoke on the Point of Order.
Senator SHEHEEN spoke on the Point of Order.
Senator CAMPSEN spoke on the Point of Order.
Senator LEATHERMAN raised a Point of Order that the Point of Order raised by Senator CAMPSEN was out of order inasmuch as it came too late.
Senator RYBERG spoke on the Point of Order.
Senator CAMPSEN spoke on the Point of Order.
Senator PEELER rose for an Expression of Personal Interest.
Senator LEATHERMAN withdrew the Point of Order.
Senator CAMPSEN withdrew the Point of Order.
Senator HAWKINS rose for an Expression of Personal Interest.
With Senator HAWKINS retaining the floor, at 6:00 P.M., Senator MARTIN asked unanimous consent to make a motion that the Senate stand in recess until 7:30 P.M.
Senator HAWKINS objected.
Senator HAWKINS asked unanimous consent to make a motion to withdraw all amendments to Proviso 73.14.
Senator McCONNELL objected.
On motion of Senator MARTIN, with unanimous consent, debate was interrupted by recess, with Senator HAWKINS retaining the floor.
At 6:07 P.M., with Senator HAWKINS retaining the floor, on motion of Senator MARTIN, with unanimous consent, the Senate receded from business until 7:30 P.M.
The Senate reassembled at 7:43 P.M. and was called to order by the PRESIDENT.
The Senate resumed consideration of the Bill, the question being the third reading of the Bill.
Senator HAWKINS rose for an Expression of Personal Interest.
Senator McGILL proposed the following Amendment No. 75 (DAD73.14 LAKE CITY SR CTR.DOC), which was adopted (#43):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 551, paragraph 73.14, after line 8, by inserting an appropriately numbered subitem to read:
/Lake City Senior Center $200,000/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator McGILL explained the amendment.
Senator LEATHERMAN spoke on the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
Senator HAWKINS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Campsen Courson Fair Grooms Hawkins Mescher Peeler Ritchie Ryberg Verdin
Anderson Cleary Cromer Drummond Elliott Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill Moore O'Dell Patterson Pinckney Rankin Reese Scott Setzler Sheheen Short Williams
The Senate refused to table the amendment. The question is the adoption of the amendment.
Senator HAWKINS argued contra to the adoption of the amendment.
The amendment was adopted.
Senators THOMAS, RYBERG, HAWKINS, GROOMS, BRYANT, CAMPSEN, PEELER and RITCHIE desired to be recorded as voting against the adoption of the amendment.
Senator GREGORY proposed the following Amendment No. 99 (DGUSCLANCASTER.DOC), which was adopted (#44):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 551, after line 34, by adding an appropriately numbered paragraph to read:
/H37-University of South Carolina-Lancaster
Tennis Court Repaving $ 100,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator GREGORY explained the amendment.
Senator LEATHERMAN spoke on the amendment.
Senator HAWKINS spoke on the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
Senators THOMAS, RYBERG, HAWKINS, GROOMS, BRYANT, CAMPSEN, PEELER and RITCHIE desired to be recorded as voting against the adoption of the amendment.
Senators RICHARDSON and PINCKNEY proposed the following Amendment No. 103 (DGBEAUFORTSCHOOLS.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 551, after line 34, by adding an appropriately numbered paragraph to read:
/H63-Department of Education
Beaufort County Schools $ 7,700,000/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RICHARDSON explained the amendment.
Senator LEATHERMAN spoke on the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
On motion of Senator RICHARDSON, with unanimous consent, the Senate agreed that if the amendment were to be adopted, it would be implemented last, following the sequence of all other adopted amendments drawn to Proviso 73.14.
Senator COURSON moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Campsen Courson Cromer Drummond Fair Gregory Hawkins Hayes Jackson Knotts Land Leventis Lourie Malloy Martin Mescher O'Dell Peeler Reese Ritchie Ryberg Scott Setzler Short Verdin
Anderson Cleary Elliott Ford Grooms Leatherman McConnell McGill Moore Patterson Pinckney Richardson Williams
The amendment was laid on the table.
Senator FAIR proposed the following Amendment No. 107 (DADJUDICIAL CDV.DOC), which was adopted (#45):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 551, after line 34, by adding an appropriately numbered item to read:
/ Judicial Department
Greenville County Summary Court Training for Criminal Domestic Violence $50,000/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator FAIR explained the amendment.
The amendment was adopted.
Senators THOMAS, RYBERG, HAWKINS, GROOMS, BRYANT, CAMPSEN, PEELER and RITCHIE desired to be recorded as voting against the adoption of the amendment.
Senator MATTHEWS proposed the following Amendment No. 113 (CPSCSTATE1890.DOC), which was adopted (#46):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 551, paragraph 73.14, after line 34, by inserting an appropriately numbered item to read:
/P21- SC State University Public Service Activities - 1890 Program
a) Lower Orangeburg / Upper Dorchester Community Development Corporation......$150,000
b) Historical Analysis Study - African American Community Wealth Creation.........$150,000/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator MATTHEWS explained the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
Senators THOMAS, RYBERG, HAWKINS, GROOMS, BRYANT, CAMPSEN, PEELER and RITCHIE desired to be recorded as voting against the adoption of the amendment.
Senators WILLIAMS and ELLIOTT proposed the following Amendment No. 122 (KBMARION REC FAC SUB.DOC), which was adopted (#47):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 551, paragraph 73.14, after line 34, by inserting an appropriately numbered item to read:
/P28-Department of Parks, Recreation, and Tourism
Marion County Recreation Facility $100,000/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator WILLIAMS explained the amendment.
The amendment was adopted.
Senators THOMAS, RYBERG, HAWKINS, GROOMS, BRYANT, CAMPSEN, PEELER and RITCHIE desired to be recorded as voting against the adoption of the amendment.
Senators MOORE, RANKIN and ELLIOTT proposed the following amendment No. 124 (CPCOASTPARMRR.DOC), which was adopted (#48):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 551, paragraph 14, after line 34, by inserting an appropriately numbered item to read:
/H17-Coastal Carolina University
Parity/MRR................................$2,000,000/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RANKIN explained the amendment.
The amendment was adopted.
Senators THOMAS, RYBERG, HAWKINS, GROOMS, BRYANT, CAMPSEN, PEELER and RITCHIE desired to be recorded as voting against the adoption of the amendment.
Senator LAND proposed the following Amendment No. 130 (4810B020.JCL.DOC), which was adopted (#49):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 551, paragraph 73.14, after line 34, by adding an appropriately numbered paragraph to read:
/ ( ) H87-State Library
Olanta Library.................................$ 250,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
Senators THOMAS, RYBERG, HAWKINS, GROOMS, BRYANT, CAMPSEN, PEELER and RITCHIE desired to be recorded as voting against the adoption of the amendment.
Senator LEVENTIS proposed the following Amendment No. 131 (DGJUSTICEASSISTANCE.DOC), which was adopted (#50):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 551, after line 34, by adding an appropriately numbered paragraph to read:
/K05-Department of Public Safety
Sumter County Justice Assistance Grant $ 52,572 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEVENTIS explained the amendment.
The amendment was adopted.
Senators THOMAS, RYBERG, HAWKINS, GROOMS, BRYANT, CAMPSEN, PEELER and RITCHIE desired to be recorded as voting against the adoption of the amendment.
Senators KNOTTS and SETZLER proposed the following Amendment No. 136 (DAD73.14 BL WATER & SEWER.DOC), which was adopted (#51):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 551, paragraph 73.14, line 34, by inserting:
/F03-Budget and Control Board
Batesburg-Leesville Water & Sewer $250,000;/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator KNOTTS explained the amendment.
The amendment was adopted.
Senators THOMAS, RYBERG, HAWKINS, GROOMS, BRYANT, CAMPSEN, PEELER and RITCHIE desired to be recorded as voting against the adoption of the amendment.
Senators CLEARY and SHORT proposed the following Amendment No. 143A (DADFIRST STEPS 2M.DOC), which was adopted (#52):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 551, paragraph 73.14, after line 34, by inserting:
/H63-Department of Education
First Steps Centers of Excellence $2,000,000
( ) Expand First Steps Centers Of Excellence child development centers through a two year pilot program serving at-risk children ages zero to four beginning in the trial districts and expanding to the plaintiff districts./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SHORT explained the amendment.
The amendment was adopted.
Senators THOMAS, RYBERG, HAWKINS, GROOMS, BRYANT, CAMPSEN, PEELER and RITCHIE desired to be recorded as voting against the adoption of the amendment.
Senator MALLOY proposed the following Amendment No. 145 (KBHARTSVILLE RR .DOC), which was adopted (#53):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 551, paragraph 73.14, after line 34, by inserting an appropriately numbered item to read:
/P32-Department of Commerce
Hartsville Railroad Project $250,000/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator MALLOY explained the amendment.
The amendment was adopted.
Senators THOMAS, RYBERG, HAWKINS, GROOMS, BRYANT, CAMPSEN, PEELER and RITCHIE desired to be recorded as voting against the adoption of the amendment.
Senators MOORE and McCONNELL desired to be recorded as voting against the motion to table the amendment.
Senators RANKIN, ELLIOTT, MOORE, CLEARY, McGILL proposed the following Amendment No. 149 (BEHBEACH.DOC), which was adopted (#54):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 551, paragraph 14, line 22, by striking /22/ and inserting /Beach Renourishment $2,000,000/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator ELLIOTT explained the amendment.
The amendment was adopted.
Senators THOMAS, RYBERG, HAWKINS, GROOMS, BRYANT, CAMPSEN, PEELER and RITCHIE desired to be recorded as voting against the adoption of the amendment.
Senator MALLOY proposed the following Amendment No. 150 (CPHARTSVILLEDRAINAGE.DOC), which was adopted (#55):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 551, paragraph 73.14, after line 34, by inserting an appropriately numbered item to read:
/F03-Budget and Control Board
Hartsville Drainage Project..........$200,000/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator ALEXANDER explained the amendment.
The amendment was adopted.
Senators THOMAS, RYBERG, HAWKINS, GROOMS, BRYANT, CAMPSEN, PEELER and RITCHIE desired to be recorded as voting against the adoption of the amendment.
Senator PINCKNEY proposed the following Amendment No. 155 (DGJASPERFARM.DOC), which was adopted (#56):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 551, after line 34, by adding an appropriately numbered paragraph to read:
/P16-Department of Agriculture
Jasper County Farmers Market $ 200,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SHORT explained the amendment.
The amendment was adopted.
Senators THOMAS, RYBERG, HAWKINS, GROOMS, BRYANT, CAMPSEN, PEELER and RITCHIE desired to be recorded as voting against the adoption of the amendment.
We voted "no" on every amendment offered seeking an appropriation from contingency funds. We voted "no" without regard to any particular project. We voted "no" simply because this process appropriated money not currently in the receipt of the State of South Carolina. It is simply irresponsible to spend money that we do not have. We cannot vote to spend the state's money on credit.
Senators THOMAS and KNOTTS proposed the following Amendment No. 167 (18437MM06.DOC), which was tabled:
Amend the bill, as and if amended, Part IA, Section 54, LEGISLATIVE DEPARTMENT, page 264, line 11, by striking Columns 7 and 8 and inserting:
Column 7 Column 8
/ $1,897,544 / /$1,897,544/
Amend the bill, further, Part IA, Section 69B, AID TO SUBDIVISIONS-STATE TREASURER, page 334, by inserting after line 5:
/ Special Item: Property Tax Relief Act H.4449 /
Column 7 Column 8
/ $2.00 / / $2.00 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator KNOTTS explained the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator MOORE desired to be recorded as voting against the motion to table the amendment.
Senators ALEXANDER, VERDIN, SETZLER, and SHORT proposed the following Amendment No. 163 (DADINVESTMENT COMM FTES PLUS.DOC), which was adopted (#57):
Amend the bill, as and if amended, Part IA, Section 60A, RETIREMENT SYSTEM INVESTMENT COMMISSION, page 296, by inserting after line 8
COLUMN 7 COLUMN 8
/Investment Research Manager 90,000
(1.00)
Investment Officer 220,000
(2.00)
Investment Coordinator 150,000
(3.00)
Administrative Manager 70,000
(1.00) /
Amend the bill further, as and if amended, Part IA, Section 60A, page 296, line 19, opposite Employer Contributions by:
COLUMN 7 COLUMN 8
/ STRIKING: 119,259
and
INSERTING: 267,929/
Amend the bill further, as and if amended, Part IB, Section 60A, RETIREMENT SYSTEM INVESTMENT COMMISSION, page 480, after line 33, by adding an appropriately numbered paragraph to read:
/(RSIC: New Positions) The new full-time equivalent positions authorized in Part IA, Section 60A shall not be implemented prior to evaluation by the Retirement System Investment Commission. The Commission must review and approve the allocation of the positions authorized herein prior to hiring./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator ALEXANDER explained the amendment.
The amendment was adopted.
Senator SHORT proposed the following Amendment No. 133 (DGBISHOPENGLAND2.DOC), which was adopted (#58):
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 358, after line 2, by adding an appropriately numbered paragraph to read:
/(SDE: Athletic Event Transportation) For school year 2006-2007, of the funds appropriated to the Department of Education, $1,000 shall be utilized to ensure that it is the policy of the state of South Carolina that the South Carolina High School League may not impose a waiting period on an entering ninth grade Daniel Island resident Bishop England High School student, if the student is otherwise eligible. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SHORT explained the amendment.
The amendment was adopted.
Senator FAIR proposed the following Amendment No. 3A (4810R031.MLF.DOC), which was adopted (#59):
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 373, paragraph 1a.71, line 24, by striking line 24 and inserting:
/ development of higher order thinking skills and critical thinking which should be integrated throughout the core curriculum instructional materials. Furthermore, the evaluation criteria used to select instructional materials with funds appropriated in Part IA, Section 1, XI.A.3 shall include a weight of up to ten percent of the overall criteria to the development of higher order thinking skills and critical thinking. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator FAIR explained the amendment.
The amendment was adopted.
Senators SHEHEEN, MALLOY, SETZLER, RANKIN, RITCHIE, ANDERSON, MOORE and ELLIOTT proposed the following Amendment No. 97B (4810B022.VS.DOC), which was adopted (#60):
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 375, paragraph 1AA.7., lines 28 and 29, by inserting:
/ All Education Lottery Account revenue shall be carried forward from the prior fiscal year into the current fiscal year including any interest earnings and of those finds, $30,600,000 shall be used to support the appropriations contained below. After the first $30,600,000 of lottery funds carried forward from the prior fiscal year are realized the first $12,150,000 shall be directed to the State Board of Technical and Comprehensive Education to be used for the Allied Health Initiative the next $500,000 shall be directed to the State Museum for the Arts Partnership of Greater Spartanburg with the remaining balance directed to the South Carolina State Library for equal distribution to each county for local libraries. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SHEHEEN explained the amendment.
The amendment was adopted.
Senator RICHARDSON proposed the following Amendment No. 164 (4810R028.SHR.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 26, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 425, paragraph 26.11, by striking line 19 and inserting:
/ basis with such basis retained throughout the term of this proviso. No organization shall receive in the first quarter more than twenty-five /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RICHARDSON explained the amendment.
Senator LEATHERMAN spoke on the amendment.
Senator RANKIN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator RICHARDSON proposed the following Amendment No. 137 (4810R023.SHR.DOC), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 33, PROSECUTION COORDINATION COMMISSION, by adding an appropriately numbered paragraph to read:
/ For fiscal year 2006-2007, a Circuit Solicitor may establish a program under his direction and control to prosecute first offense misdemeanor criminal domestic violence offenses, as defined in Section 16-25-20, in general sessions court. Whether to establish a program, and which cases may be prosecuted in general sessions court are within the sole discretion of the Solicitor. A solicitor shall report the results of the program to the Prosecution Coordination Commission. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RICHARDSON explained the amendment.
Senator SHEHEEN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator RICHARDSON spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
Amendment #137 was ruled out of order.
Senator SHEHEEN proposed the following Amendment No. 181A (4810R032.VAS), which was adopted (#61):
Amend the bill, as and if amended, Part 1B, Section 64, DEPARTMENT OF REVENUE, page 498, after line 25, by adding an appropriately numbered paragraph to read:
/ Excise taxes equal to five percent of the gross proceeds of the sales of alcoholic liquor by the drink for on-premises consumption in an establishment licensed pursuant to Article 5, Chapter 6, Title 61 shall not be imposed on nonprofit organizations that are issued a temporary permit pursuant to Sections 61-6-510 and 61-6-2000. /
Renumber sections to conform.
Amend title to conform.
Senator SHEHEEN explained the amendment.
The amendment was adopted.
Senator RYBERG proposed the following Amendment No. 165 (4810R029.WGR.DOC), which was adopted (#62):
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 349, paragraph 1.34, line, by striking line 34 and inserting:
/ specifications of Georgia or North Carolina in the procurement of school buses. However, before any new school buses are purchased, the State Superintendent of Education must make a request for proposal to lease the buses. The Superintendent of Education is responsible for the final decision regarding new buses. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RYBERG explained the amendment.
The amendment was adopted.
Senators HUTTO, SHEHEEN and MALLOY proposed the following Amendment No. 132 (DGDOMVIOLENCE2.DOC), which was tabled:
Amend the bill, as and if amended, Part IA, Section 33, PROSECUTION COORDINATION COMMISSION, page 195, line 14, by:
COLUMN 7 COLUMN 8
/ STRIKING: 2,200,000 2,200,000
and
INSERTING: 1,740,000 1,740,000/
Amend the bill further, as and if amended, Part IA, Section 35, COMMISSION ON INDIGENT DEFENSE, page 197, by inserting after line 21
COLUMN 7 COLUMN 8
/Criminal Domestic Violence
Defense 460,000 460,000/
Amend the bill further, as and if amended, Part IB, Section 35, COMMISSION ON INDIGENT DEFENSE, page 439, by inserting after line 18 by adding an appropriately numbered paragraph to read:
/(INDEF: CDV Defense) From the $460,000 appropriated as a special item in Part IA, Section 35 of this act for Criminal Domestic Violence Defense, the Commission on Indigent Defense shall distribute the funds to each county based on a distribution system designed by the Commission of Indigent Defense and shall target these funds to provide defense for indigents charged with criminal domestic violence./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator HUTTO explained the amendment.
Senator THOMAS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Campsen Cleary Courson Cromer Fair Grooms Hayes Knotts Leatherman Lourie Martin McConnell Mescher O'Dell Peeler Ritchie Ryberg Setzler Thomas
Anderson Drummond Elliott Ford Gregory Hutto Jackson Land Leventis Malloy Matthews McGill Patterson Pinckney Rankin Reese Richardson Sheheen Short Verdin Williams
Senator RYBERG asked unanimous consent that the Journal reflect that Senator BRYANT desired to be recorded as voting in favor of the motion to table the amendment. However, recording his vote would have changed the outcome of the vote.
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator RITCHIE spoke on the amendment.
Senator ALEXANDER argued contra to the adoption of the amendment.
Senator MARTIN spoke on the amendment.
Senator HUTTO argued in favor of the amendment.
Senator KNOTTS spoke on the amendment.
Senator KNOTTS moved to lay the amendment on the table.
The amendment was laid on the table.
Senator HUTTO was recognized to speak on the Bill.
Senator LEATHERMAN asked unanimous consent to make a motion to take up for immediate consideration a further amendment.
There was no objection.
Senator LEATHERMAN proposed the following Amendment No. 184 (DADCDV LEATH.DOC), which was adopted (#63):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 551, paragraph 73.14, after line 34, by inserting an appropriately numbered item to read:
/E23-Commission on Indigent Defense
Criminal Domestic Violence Defense $460,000/
Renumber sections to conform.
Amend sections, totals and title to conform.
The amendment was adopted.
Senators THOMAS, RYBERG, HAWKINS, GROOMS, BRYANT, CAMPSEN, PEELER and RITCHIE desired to be recorded as voting against the adoption of the amendment.
Senator LEATHERMAN asked unanimous consent to make a motion that the Finance Committee be allowed to prepare the necessary technical and balancing amendments to be delivered and certified by the Clerk and to be adopted upon his certification for inclusion in the Bill.
There was no objection.
CLERK'S BALANCING AMENDMENT No. 185 (4810R033.HKL.DOC), which was adopted (#64):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 547, paragraph 73.14, by striking lines 17 through 19 and inserting:
/ (C) If the Board of Economic Advisors certifies Fiscal Year 2005-06 unobligated general fund revenue above $425,666,570, then the excess amount certified must be used to fund the following items in the priority order in which they are listed. These funds shall be made available, to the extent the funds are certified, for use in Fiscal Year 2006-07 after September 1, 2006, following the Comptroller General's close of the state's books on Fiscal Year 2005-06. /
Amend the bill further, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 550, paragraph 73.14, by striking line 34 and inserting:
/ a) Weldon Auditorium $ 500,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
Senators BRYANT, GROOMS, HAWKINS, RYBERG and CAMPSEN desired to be recorded as voting against the third reading of the Bill.
Senator LEATHERMAN spoke on the Bill.
Mr. PRESIDENT, thank you. I want to say to the Members that I started out yesterday--it seemed like a week ago--telling you that I believe this is one of the best budgets we've had in the Senate in my twenty-six years, and I see a lot of heads nodding around the Chamber as I mention that. Also, I want to tell you and I want to thank you--every Member of this Senate--for the cooperation and the way that we worked together to put this budget together. Except for one little hiccup in the road this afternoon, I have never in my twenty-six years seen a budget go as smooth as this budget went. It is just a matter of working together trying to accommodate each other, trying to be respectful of each other and trying to do what is right for the people of South Carolina. So, again I thank you--each and every Member--for that, but even more important than the Members is our staff. I can't tell you how much I appreciate all of our staff--Finance Committee, all of the other staff that are here, and the desk staff--for what y'all do for the State of South Carolina. Here it is almost 11 o'clock on Wednesday night and you are here helping us do the people's business. And I tell you from the bottom of my heart, I truly thank you for what you do. Thank you, Mr. PRESIDENT.
On motion of Senator COURSON, with unanimous consent, the remarks of Senator LEATHERMAN were ordered printed in the Journal.
I voted against the General Appropriation Bill because it grows government by over 10%, which is an unsustainable rate of growth. We spent all of the new revenue without returning any to the people of South Carolina in the form of new tax relief. We even spent money that has not been certified by the Board of Economic Advisors, money we do not have, in violation of Section 11-11-140(A)(2) of the South Carolina Code.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission, the Ethics Commission, the Administrative Law Court, the Probation, Pardon and Parole Services and the Department of Motor Vehicles.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission, the Department of Motor Vehicles, the Probation, Pardon and Parole Services, the Employment Security Commission, the Administrative Law Court and DHEC.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission, the Department of Motor Vehicles, the Probation, Pardon and Parole Services, the Employment Security Commission, the Administrative Law Court and DHEC.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Insurance Reserve Fund.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission, the Department of Motor Vehicles, the Dept. of Probation, Parole and Pardon Services, the Employment Security Commission, the Administrative Law Court and DHEC.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on any matters pertaining to the Workers' Compensation Commission each year since obtaining a law license.
I abstained from voting on Proviso 73.14, Subsection C, Item 30, subitem (e).
On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when the Senate adjourns today, it stand adjourned to meet tomorrow at 10:30 A.M.
Having received a favorable report from the Beaufort County Delegation, the following appointments were confirmed in open session:
Initial Appointment, Beaufort County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Mrs. Teri L. Hartley, 25 Chesterfield Dr., Beaufort, S.C. 29906
Reappointment, Beaufort County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010
Mrs. Teri L. Hartley, 25 Chesterfield Dr., Beaufort, S.C. 29906
On motion of Senator KNOTTS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. John Woodrow Johnson of Lexington County, S.C. Mr. Johnson, born on June 16, 1914, was one of five brothers who served in WWII.
At 11:02 P.M., on motion of Senator PEELER, the Senate adjourned to meet tomorrow at 10:30 A.M.
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