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Printed Page 980, Mar. 15
| Printed Page 1000, Mar. 15
| Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
S. 571 -- Senator Peeler: A BILL TO AMEND SECTION 12-36-2680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF SALES TAX EXEMPTION CERTIFICATES MAINTAINED ON FILE USED IN MAKING VARIOUS TAX EXEMPT PURCHASES, SO AS TO DELETE THE REQUIREMENT THAT THE PURCHASER SIGN THE INVOICE AND TO MAKE THIS DELETION EFFECTIVE FOR EXEMPT SALES MADE ON OR AFTER JANUARY 1, 1995.
Ordered for consideration tomorrow.
S. 637 -- Senator Short: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF, ONE OF THIS STATE'S FINEST EDUCATORS, ELIZABETH BELL
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 207 -- Senator Wilson: A BILL TO AMEND SECTION 7-17-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY RECOUNTS IN PRIMARIES AND GENERAL ELECTIONS, SO AS TO PROVIDE THAT THE CANVASSING AGENCY SHALL GIVE PRIORITY IN THE RECOUNT TO SPECIFIC PRECINCTS IF ONE OF THE AFFECTED CANDIDATES FOR REASONABLE CAUSE SO REQUESTS.
S. 46 -- Senators Jackson, Elliott, Rose and Washington: A BILL TO AMEND SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, AND 20-7-2900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF LICENSES FOR PRIVATE DAY CARE CENTERS AND RENEWAL THEREOF, APPROVAL OF PUBLIC DAY CARE CENTERS AND RENEWAL THEREOF, THE REGISTRATION OF OPERATORS OF FAMILY DAY CARE HOMES, AND THE ISSUANCE OF LICENSES FOR OR THE REGISTERING OF CHURCH DAY CARE CENTERS, SO AS TO REQUIRE THAT ALL PERSONS APPLYING FOR A LICENSE AS AN OPERATOR OF OR AN EMPLOYEE AT DAY CARE FACILITIES MUST UNDERGO A FINGERPRINT REVIEW TO BE CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION AND TO PROHIBIT THE ISSUANCE OF DAY CARE LICENSES IF SUCH OPERATORS OR EMPLOYEES HAVE BEEN CONVICTED OF CERTAIN CRIMES AND TO AMEND CHAPTER 7 OF TITLE 20 BY ADDING SECTION 20-7-2720, SO AS TO PROVIDE THAT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION MAY NOT CHARGE MORE THAN TEN DOLLARS FOR STATE BACKGROUND CHECKS REQUIRED FOR CHILD CARE FACILITIES.
Senator JACKSON explained the Bill.
The following Bill and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:
S. 629 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE UNIVERSITY OF SOUTH CAROLINA, RELATING TO VIOLATIONS, PENALTIES, AND BONDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1778, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3191 -- Reps. P. Harris, Neilson, Waldrop, J. Brown, Inabinett, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-11-95 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO OBTAIN APPROVAL FROM THE DEPARTMENT OF CONSUMER AFFAIRS TO DISTRIBUTE A DIVIDEND OR SIMILAR DISTRIBUTION; BY ADDING SECTION 37-11-105 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO SUBMIT A FINANCIAL PLAN TO THE DEPARTMENT FOR APPROVAL IF THE DEPARTMENT HAS REASON TO BELIEVE THE OPERATOR IS OR MAY BECOME INSOLVENT; BY ADDING SECTION 37-11-135 SO AS TO EXEMPT FROM CERTAIN LICENSING REQUIREMENTS A CONTINUING CARE RETIREMENT COMMUNITY WHICH DOES NOT REQUIRE PAYMENT OF AN ENTRANCE FEE; BY AMENDING SECTION 37-11-30, RELATING TO LICENSING OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO REVISE INFORMATION THAT MUST ACCOMPANY LICENSE APPLICATIONS; AND BY AMENDING SECTION 37-11-40, RELATING TO THE DETERMINATION OF FINANCIAL RESPONSIBILITY OF AN APPLICANT FOR LICENSURE, SO AS TO REVISE CONDITIONS UNDER WHICH A BOND OR OTHER GUARANTEE IS REQUIRED.
S. 136 -- Senators Short, Courson, Hayes, Rose, Wilson and O'Dell: A BILL TO AMEND ARTICLE 5, CHAPTER 5, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA EMPLOYABLES PROGRAM ACT, BY ADDING SECTION 43-5-585 SO AS TO REQUIRE THE DEPARTMENT OF
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the General Committee.
The General Committee proposed the following amendment (136R001.AGW), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 in its entirety and inserting in lieu thereof the following:
/SECTION 2. This act takes effect January 1, 1996./
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 238 -- Senators Leatherman and Elliott: A BILL TO AMEND SECTION 38-33-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE HEALTH MAINTENANCE ORGANIZATION ACT OF 1987, SO AS TO MAKE CHANGES TO THE DEFINITION OF "COPAYMENT" OR "DEDUCTIBLE"; TO AMEND SECTION 38-33-80, AS AMENDED, RELATING TO THE HEALTH MAINTENANCE ORGANIZATION ACT OF 1987, THE PROVISION THAT THE ENROLLEE IS ENTITLED TO EVIDENCE OF COVERAGE, THE CONTENTS OF THE EVIDENCE OF COVERAGE, DISCONTINUANCE OR REPLACEMENT OF COVERAGE, AND CHARGES FOR SERVICES, SO AS TO PROVIDE THAT A HEALTH MAINTENANCE ORGANIZATION THAT ISSUES A HEALTH MAINTENANCE ORGANIZATION CONTRACT WHICH REQUIRES THE ENROLLEE TO PAY A SPECIFIED PERCENTAGE OF THE COST OF COVERED HEALTH CARE SERVICES SHALL CALCULATE THOSE COPAYMENTS AND DEDUCTIBLES ON THE NEGOTIATED REDUCED RATE OF THE PROVIDER, AND PROVIDE THAT NOTHING IN THIS SECTION PRECLUDES A HEALTH MAINTENANCE ORGANIZATION FROM ISSUING A CONTRACT WHICH CONTAINS FIXED DOLLAR COPAYMENTS AND DEDUCTIBLES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-241 SO AS TO PROVIDE THAT AN INSURER THAT
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 Banking and Insurance Committee proposed the following amendment (BBM\9999JM.95), which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 37, by striking SECTION 4 and inserting:
/SECTION 4. Section 38-33-80(B), (C), and (D) of the 1976 Code, as last amended by Section 66 of Act 181 of 1993, are further amended to read:
"(B)(1) No schedule of charges for enrollee coverage for health care services applicable to individual health maintenance organization contracts may be used until unless they have a copy of the schedule has been filed with and approved by the director or his designee. The director or his designee may disapprove this schedule of charges of it is determined that the benefits provided in the contracts are unreasonable in relation to the charges. As soon as practicable, the director or his designee shall notify, in writing, the health maintenance organization which has filed this schedule of charges of his approval or disapproval. In the event of disapproval, the notice must contain the reasons for disapproval, and the health maintenance organization is entitled to a public hearing on the disapproval. If no action has been taken to approve or disapprove the schedule of charges after they have been filed for ninety days, they are deemed to be approved.
(2) The charges may be established in accordance with actuarial principles
for various categories of enrollees, provided that charges applicable to an enrollee
may not be individually determined based on the status of his health. However, the
charges may not be excessive, inadequate, or unfairly discriminatory. A
certification, by a qualified actuary or other qualified person acceptable to the
director or his designee
(3) Nothing herein may be construed to require individual approval of rates for each contract issued in conformity with a schedule of charges filed with and approved by the director or his designee.
(C) The director or his designee shall with in a reasonable period approve any form if the requirements of subsection (A) are met and any schedule of charges if the requirements of subsection (B) are met. It is unlawful to issue a form or to use a schedule of charges until approved. If the director or his designee disapproves the filing, he shall notify the filer. In the notice, the director or his designee shall specify the reasons for his disapproval. A hearing must be granted within forty-five days after a request in writing by the person filing. If the director or his designee does not approve any form or schedule of charges within ninety days of the filing of the forms or charges, they are considered approved.
(D) The director or his designee may require the submission of such relevant information as he considers necessary in determining whether to approve or disapprove a filing made pursuant to this section."
SECTION 5. This act takes effect one hundred twenty days after approval by the Governor./
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 296 -- Senator Hayes: A BILL TO AMEND SECTION 27-18-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEMAND, SAVINGS, OR TIME DEPOSITS WITH BANKING OR FINANCIAL INSTITUTIONS BEING DEEMED ABANDONED UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO PROVIDE THAT IF THE OWNER OF THE DEPOSIT REPORTED THE INTEREST THEREON AS INCOME ON HIS STATE OF SOUTH CAROLINA INCOME TAX RETURN FOR ANY YEAR OF THE APPLICABLE FIVE-YEAR PERIOD, THE FIVE-YEAR PERIOD IS
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 Banking and Insurance Committee proposed the following amendment (BBM\10000JM.95), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 27-18-180(E) of the 1976 Code is amended to read:
"(E) Not more than one hundred twenty days before filing the report required by this section, the holder in possession of property presumed abandoned and subject to custody as unclaimed property under this chapter shall send written notice to the apparent owner at his last known address, and, in the case of property presumed abandoned under Section 27-18-70, the written notice must be sent by certified mail with return receipt, informing him that the holder is in possession of property subject to this chapter if:
(1) the holder has in its records an address for the apparent owner which the holder's records do not disclose to be inaccurate;
(2) the claim of the apparent owner is not barred by the statute of limitations; and
(3) the property has a value of fifty dollars or more."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 180 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-710 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PARDON AND PAROLE TO DEVELOP WRITTEN POLICIES AND PROCEDURES FOR PAROLE HEARINGS TO BE
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.
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