WEDNESDAY, MARCH 12, 2014
Wednesday, March 12, 2014
(Statewide Session)
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 2:00 P.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 the Chaplain as follows:
The Psalmist calls upon us to:
“Shout with joy to God, all the earth. Sing the glory of his name; make his praiseglorious!” (Psalm 66:1-2)
Let us pray:
Glorious and Loving God, we are indeed blessed in so many ways here in South Carolina. In spite of occasional difficulties and despair on the part of some, there are so many reasons for us to “shout with joy.” This is not Pollyanna-ism. Rather, Lord, it is simply the recognition that this Senate -- and all South Carolinians -- are the beneficiaries of so many of Your gifts. We are truly thankful. Continue to lead these Senators and their aides as they together work to enhance our blessings all the more -- to the benefit of every citizen, and to Your glory. We offer this prayer in Your blessed name, Lord. Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
MESSAGE FROM THE GOVERNOR
The following appointments were transmitted by the Honorable Nikki Randhawa Haley:
Statewide Appointments
Reappointment, South Carolina State Board of Examiners in Speech Pathology and Audiology, with the term to commence June 1, 2014, and to expire June 1, 2018
Audiologist:
Kelly A. Long, 116 South Shields Rd., Columbia, SC 29223
Referred to the Committee on Medical Affairs.
Reappointment, South Carolina State Board of Medical Examiners, with the term to commence December 31, 2014, and to expire December 31, 2018
At-Large - Gubernatorial:
Daniel F. Sadd, 112 Strathmoore Dr., Greer, SC 29650
Referred to the Committee on Medical Affairs.
REGULATION WITHDRAWN AND RESUBMITTED
The following was received:
Document No. 4437
Agency: Department of Labor, Licensing and Regulation
Chapter: 10
Statutory Authority: 1976 Code Sections 40-1-50 and 40-1-70
SUBJECT: Establish and Amend Schedules of Fees for Certain Professional and Occupational Licensing Boards and Commissions
Received by Lieutenant Governor January 23, 2014
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 23, 2014
03/12/2014Withdrawn and Resubmitted
Doctor of the Day
Senator SETZLER introduced Dr. Patricia Witherspoon of Columbia, S.C., Doctor of the Day. She is president-elect of the South Carolina Academy of Family Physicians. Joining her today is 1st year resident, Dr. Nithya Natrajan.
CO-SPONSORS ADDED
The following co-sponsors were added to the respective Bills:
S. 865Sen. Fair
S. 866Sen. Campsen
Privilege of the Chamber
On motion of Senator BRYANT, on behalf of Senator NICHOLSON, with unanimous consent, the Privilege of the Chamber, to that area behind the rail, was extended to Kelcy Quarles of the University of South Carolina.
INTRODUCTION OF BILLS AND RESOLUTIONS
The following were introduced:
S. 1110 -- Senators McElveen and Johnson: A CONCURRENT RESOLUTION TO WELCOME THE SUMTER SCHOOL DISTRICT TEACHER FORUM TO THE SOUTH CAROLINA STATE HOUSE AND TO PROCLAIM APRIL 7, 2014, "SUMTER TEACHER FORUM CELEBRATION OF EXCELLENCE DAY" IN SOUTH CAROLINA.
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The Concurrent Resolution was introduced and referred to the Committee on Education.
S. 1111 -- Senators Alexander, O'Dell, Pinckney and Lourie: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF MAY 2014 AS "MENTAL HEALTH MONTH" IN SOUTH CAROLINA AND TO RAISE AWARENESS AND UNDERSTANDING OF MENTAL ILLNESS AND THE NEED FOR APPROPRIATE AND ACCESSIBLE SERVICES FOR ALL PEOPLE WITH MENTAL ILLNESS.
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The Concurrent Resolution was introduced and referred to the Committee on Invitations.
S. 1112 -- Senator Jackson: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE INDEPENDENT COLLEGES AND UNIVERSITIES IN SOUTH CAROLINA DURING "INDEPENDENT COLLEGE AND UNIVERSITY WEEK",APRIL 7 THROUGH 11, 2014, AND ON "INDEPENDENT COLLEGE AND UNIVERSITY DAY", APRIL 9, 2014, FOR THEIR OUTSTANDING CONTRIBUTIONS IN EDUCATING THE YOUNG ADULTS OF OUR STATE AND NATION.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1113 -- Senators Bright, Bryant and Cromer: A BILL TO AMEND SECTION 40-43-83(A) OF THE 1976 CODE, RELATING TO PERMIT REQUIREMENTS FOR OUT-OF-STATE PHARMACIES, TO PROVIDE THAT PHARMACIES LICENSED IN CERTAIN NAMED COUNTRIES MAY EXPORT PRESCRIPTION DRUGS TO RESIDENTS OF THIS STATE WITHOUT A STATE PHARMACY LICENSE AND TO PROVIDE THAT A DOMESTIC ENTITY MAY FACILITATE THE DELIVERY OF THE PRESCRIPTION DRUGS WITHOUT A PHARMACY LICENSE; TO AMEND ARTICLE 15, CHAPTER 53, TITLE 44 TO PROVIDE THAT CERTAIN ENTITIES AND PHARMACIES ARE EXEMPT FROM THE PRESCRIPTION MONITORING PROGRAM; AND TO AMEND CHAPTER 53, TITLE 44, BY ADDING ARTICLE 17 TO PROVIDE THAT RESIDENTS MAY ORDER, RECEIVE, AND POSSESS PRESCRIPTION DRUGS FROM CERTAIN ENTITIES AND FOREIGN PHARMACIES AND TO PROVIDE THAT CERTAIN ENTITIES AND FOREIGN PHARMACIES MAY EXPORT AND DISPENSE PRESCRIPTION DRUGS TO RESIDENTS OF THIS STATE.
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Read the first time and referred to the Committee on Medical Affairs.
S. 1114 -- Senator Campbell: A SENATE RESOLUTION TO DECLARE THE WEEK OF MARCH 9 THROUGH 15, 2014, AS "GIRL SCOUT WEEK" IN SOUTH CAROLINA AND TO RECOGNIZE THE WORK OF GIRL SCOUTS OF THE USA ON EMPOWERING GIRLS TO MAKE THE WORLD A BETTER PLACE BY DISCOVERING, CONNECTING, AND TAKING ACTION IN THEIR LOCAL COMMUNITIES.
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Senator CAMPBELL spoke on the Resolution.
The Senate Resolution was adopted.
S. 1115 -- Senator Jackson: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND HEYWARD BANNISTER FOR HIS LIFETIME OF ACCOMPLISHMENTS AND TO CONGRATULATE HIM ON HIS INDUCTION INTO THE RICHLAND ONE HALL OF FAME, CLASS OF 2014.
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The Senate Resolution was adopted.
S. 1116 -- Senators Corbin, Alexander, Allen, Bennett, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Courson, Cromer, Davis, Fair, Gregory, Grooms, Hayes, Hembree, Hutto, Jackson, Johnson, Kimpson, Leatherman, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McElveen, McGill, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Scott, Setzler, Shealy, Sheheen, Thurmond, Turner, Verdin, Williams and Young: A SENATE RESOLUTION TO RECOGNIZE AND HONOR THE TRAVELERS REST HIGH SCHOOL GIRLS TENNIS TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2013 CLASS AAA STATE CHAMPIONSHIP TITLE.
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The Senate Resolution was adopted.
S. 1117 -- Senators Corbin, Alexander, Allen, Bennett, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Courson, Cromer, Davis, Fair, Gregory, Grooms, Hayes, Hembree, Hutto, Jackson, Johnson, Kimpson, Leatherman, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McElveen, McGill, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Scott, Setzler, Shealy, Sheheen, Thurmond, Turner, Verdin, Williams and Young: A SENATE RESOLUTION TO RECOGNIZE AND HONOR THE BLUE RIDGE HIGH SCHOOL CORPS OF CADETS MARCHING BAND, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2013 CLASS AAA STATE CHAMPIONSHIP TITLE.
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The Senate Resolution was adopted.
S. 1118 -- Senator Jackson: A SENATE RESOLUTION TO RECOGNIZE AND HONOR AXEL D. ADAMS, A NOTED NATIONAL CIVIC, BUSINESS, AND POLITICAL LEADER AND NATIVE SOUTH CAROLINIAN, FOR HIS SIGNIFICANT CONTRIBUTIONS AND MANY OUTSTANDING ACHIEVEMENTS IN THE FIELDS OF POLITICS, BUSINESS, AND COMMUNITY OUTREACH.
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The Senate Resolution was adopted.
H. 4701 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2014, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
Read the first time and referred to the Committee on Finance.
H. 4702 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2013-2014, AND TO ALLOW UNEXPENDED FUNDS APPROPRIATED TO BE CARRIED FORWARD TO SUCCEEDING FISCAL YEARS AND EXPENDED FOR THE SAME PURPOSES.
Read the first time and referred to the Committee on Finance.
H. 4902 -- Reps. Norrell, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, R. L. Ott, Owens, Parks, Patrick, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A CONCURRENT RESOLUTION TO RECOGNIZE THE IMPORTANCE OF MIDDLE-LEVEL EDUCATION, TO HONOR THE CONTRIBUTIONS OF THOSE WHO EDUCATE THIS UNIQUE AGE GROUP, AND TO DECLARE MARCH 2014 "MIDDLE-LEVEL EDUCATION MONTH" IN SOUTH CAROLINA.
The Concurrent Resolution was introduced and referred to the Committee on Education.
H. 4918 -- Reps. Hodges, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Norrell, R. L. Ott, Owens, Parks, Patrick, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE PASSING OF BERNARD WARSHAW OF COLLETON COUNTY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS LARGE AND LOVING FAMILY AND HIS MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
Privilege of the Chamber
On motion of Senator BRYANT, on behalf of Senators LARRY MARTIN and KIMPSON, with unanimous consent, the Privilege of the Chamber, to that area behind the rail, was extended to the James Jamerson Family to honor his contributions to the music industry on the occasion of his birthday.
Expression of Personal Interest
Senator LARRY MARTIN rose for an Expression of Personal Interest.
REPORTS OF STANDING COMMITTEES
Senator GREGORY from the Committee on Judiciary submitted a favorable with amendment report on:
S.343 -- Senator Hayes: A BILL TO AMEND CHAPTER 7, TITLE 36, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARTICLE 7 OF THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE THE CHAPTER IN ITS ENTIRETY IN ORDER TO PROVIDE FOR THE USE OF ELECTRONIC DOCUMENTS OF TITLE AND TO MAKE CONFORMING CHANGES.
Ordered for consideration tomorrow.
Senator COLEMAN from the Committee on Judiciary submitted a favorable with amendment report on:
S.841 -- Senator Cleary: A BILL TO AMEND ARTICLE 1, CHAPTER 13, TITLE 63, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE REGULATION OF CHILDCARE FACILITIES, BY ADDING SECTION 63-13-185, SO AS TO PROHIBIT THE ADMINISTRATION OF MEDICATION TO A CHILD BY AN EMPLOYEE OR VOLUNTEER OF A CHILDCARE FACILITY WITHOUT PARENTAL PERMISSION, AND TO INCLUDE EXCEPTIONS IN CIRCUMSTANCES OF EMERGENCIES, AND TO PROVIDE PENALTIES.
Ordered for consideration tomorrow.
Senator McELVEEN from the Committee on Judiciary submitted a majority favorable with amendment and Senator HUTTO a minority unfavorable report on:
S.857 -- Senators McElveen, Lourie and Campsen: A BILL TO AMEND CHAPTER 1, TITLE 16 OF THE 1976 CODE, RELATING TO FELONIES AND MISDEMEANORS; BY ADDING SECTION 161140 TO ENHANCE THE SENTENCE FOR INDIVIDUALS CONVICTED OF A SERIOUS OR MOST SERIOUS OFFENSE THAT HE COMMITTED WHILE HE WAS RELEASED ON BOND FOR A SERIOUS OR MOST SERIOUS OFFENSE FOR WHICH HE WAS ALSO CONVICTED.
Ordered for consideration tomorrow.
Senator CAMPSEN from the Committee on Judiciary submitted a majority favorable and Senators HUTTO and MALLOY a minority unfavorable report on:
S.887 -- Senator Campsen: A BILL TO AMEND SECTION 1725326, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERATION, MODIFICATION, OR RESCISSION OF A COURT ORDER, SO AS TO PROVIDE THAT A COURT SHALL NOT ALTER, MODIFY, OR RESCIND A DEFENDANT’S CRIMINAL SENTENCE, UNLESS THE COURT HAS HELD A HEARING ALLOWING THE DEFENDANT, ATTORNEY GENERAL OR SOLICITOR, AND THE VICTIM TO TESTIFY REGARDING THE DECISION TO ALTER, MODIFY, OR RESCIND THE SENTENCE.
Ordered for consideration tomorrow.
Senator LARRY MARTIN from the Committee on Judiciary submitted a favorable report on:
S.1034 -- Senator L.Martin: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 5 AND 8 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2014.
Ordered for consideration tomorrow.
Senator COLEMAN from the Committee on Judiciary submitted a favorable with amendment report on:
H.4347 -- Reps. Bannister, CobbHunter, McCoy, Allison, Whipper and Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE “SOUTH CAROLINA CHILDREN’S ADVOCACY MEDICAL RESPONSE SYSTEM ACT” BY ADDING ARTICLE 4 TO CHAPTER 11, TITLE 63 SO AS TO CREATE THE SOUTH CAROLINA CHILDREN’S ADVOCACY MEDICAL RESPONSE SYSTEM, A PROGRAM TO PROVIDE COORDINATION AND MEDICAL SERVICE RESOURCES STATEWIDE TO AGENCIES AND ENTITIES THAT RESPOND TO VICTIMS OF CHILD ABUSE AND NEGLECT, AND TO PROVIDE FOR THE DUTIES AND RESPONSIBILITIES OF THE PROGRAM; AND TO AMEND SECTION 6311310, RELATING TO RESPONSIBILITIES OF CHILDREN’S ADVOCACY CENTERS, SO AS TO REQUIRE THESE CENTERS TO COMPLY WITH REQUIREMENTS OF THE SOUTH CAROLINA CHILDREN’S MEDICAL RESPONSE SYSTEM AND OTHERWISE COORDINATE WITH THE PROGRAM.
Ordered for consideration tomorrow.
Appointments Reported
Senator LARRY MARTIN from the Committee on Judiciary submitted a favorable report on:
Statewide Appointments
Reappointment, South Carolina State Ethics Commission, with the term to commence June 30, 2013, and to expire June 30, 2018
5th Congressional District:
Twana N. Burris-Alcide, 591 Lakeside Drive, Rock Hill, SC 29730
Received as information.
Initial Appointment, South Carolina State Ethics Commission, with the term to commence June 30, 2012, and to expire June 30, 2017
7th Congressional District:
Julie S. Jeffords-Moose, 1630 Cherokee Road, Florence, SC 29501 VICE Vacant Due To Redistricting
Received as information.
Initial Appointment, South Carolina State Ethics Commission, with the term to commence June 30, 2011, and to expire June 30, 2016
At-Large:
Sherri A. Lydon, 2530 Canterbury Rd., Columbia, SC 29204 VICE Philip Florence
Received as information.
Appointments Reported
Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:
Statewide Appointments
Reappointment, South Carolina State Board of Examiners in Speech Pathology and Audiology, with the term to commence June 1, 2014, and to expire June 1, 2018
Audiologist:
Kelly A. Long, 116 South Shields Rd., Columbia, SC 29223
Received as information.
Reappointment, South Carolina State Board of Medical Examiners, with the term to commence December 31, 2014, and to expire December 31, 2018
At-Large - Gubernatorial:
Daniel F. Sadd, 112 Strathmoore Dr., Greer, SC 29650
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
CARRIED OVER
H.3459 -- Reps. Sandifer, Bales, J.E.Smith and Erickson: A BILL TO AMEND SECTION 40210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BOARD OF ACCOUNTANCY, SO AS TO PROVIDE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL DESIGNATE CERTAIN PERSONNEL FOR THE EXCLUSIVE USE OF THE BOARD, TO PROHIBIT THE DEPARTMENT FROM ASSIGNING OTHER WORK TO THESE PERSONNEL WITHOUT APPROVAL OF THE BOARD, AND TO PROVIDE THESE PERSONNEL MAY BE TERMINATED BY THE DIRECTOR OF A MAJORITY OF THE BOARD; TO AMEND SECTION 40230, RELATING TO THE PRACTICE OF ACCOUNTANCY, SO AS TO PROVIDE A CERTIFIED PUBLIC ACCOUNTANT LICENSED BY THE BOARD IS EXEMPT FROM LICENSURE REQUIREMENTS OF PRIVATE SECURITY AND INVESTIGATION AGENCIES; AND TO AMEND SECTION 40270, RELATING TO POWERS AND DUTIES OF THE BOARD, SO AS TO PROVIDE THE BOARD MAY CONDUCT PERIODIC INSPECTIONS OF LICENSEES OR FIRMS; AND TO AMEND SECTION 40280, RELATING TO INVESTIGATIONS OF ALLEGED VIOLATIONS, SO AS TO PROVIDE THE DEPARTMENT SHALL DIRECT THE INVESTIGATOR ASSIGNED TO THE BOARD TO INVESTIGATE AN ALLEGED VIOLATION TO DETERMINE THE EXISTENCE OF PROBABLE CAUSE MERITING FURTHER PROCEEDINGS.
On motion of Senator MALLOY, the Bill was carried over.
H.3797 -- Reps. Sandifer and Erickson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 3890165 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE MAY DECLARE A CAPTIVE INSURANCE COMPANY INACTIVE IN CERTAIN CIRCUMSTANCES AND THAT THE DIRECTOR MAY MODIFY THE MINIMUM TAX PREMIUM APPLICABLE TO THE COMPANY DURING INACTIVITY; AND MAKE CERTAIN OTHER CHANGES RELATED TO CAPTIVE INSURANCE COMPANIES. (Abbreviated Title)
On motion of Senator MALLOY, the Bill was carried over.
S.908 -- Senator Hayes: A BILL TO AMEND SECTION 389310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING RISKBASED CAPITAL, SO AS TO REVISE EXISTING DEFINITIONS AND DEFINE ADDITIONAL TERMS; TO AMEND SECTION 389320, RELATING TO PREPARING AND SUBMITTING A RISKBASED CAPITAL REPORT, SO AS TO PROVIDE FOR DETERMINING A HEALTH ORGANIZATION’S RISKBASED CAPITAL REPORT AND TO PROVIDE THAT EACH RISK FOR A LIFE AND HEALTH INSURER, PROPERTY AND CASUALTY INSURER, AND A HEALTH ORGANIZATION MUST BE DETERMINED IN A CERTAIN MANNER; TO AMEND SECTION 389330, AS AMENDED, RELATING TO COMPANY ACTION LEVEL EVENTS, SO AS TO ADD AN ADDITIONAL EVENT CONCERNING A HEALTH ORGANIZATION, AMONG OTHER THINGS; TO AMEND SECTION 389360, RELATING TO THE ROLE OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE WHEN A MANDATORY CONTROL LEVEL EVENT OCCURS, SO AS TO ADD PROVISIONS CONCERNING HEALTH ORGANIZATIONS; TO AMEND SECTION 389370, RELATING TO HEARINGS AVAILABLE TO A LICENSEE TO CHALLENGE A DETERMINATION OR ACTION BY THE DIRECTOR IN RESPONSE TO A MANDATORY CONTROL LEVEL EVENT, SO AS TO PROVIDE A LICENSEE MAY HAVE THE HEARING CONFIDENTIALLY, ON THE RECORD, AND BEFORE THE DIRECTOR UPON PROVISION OF CERTAIN NOTICE, AND TO PROVIDE THE DIRECTOR SHALL SET A DATE FOR THE HEARING IN A CERTAIN MANNER; TO AMEND SECTION 389380, RELATING TO THE CONFIDENTIALITY OF RISKBASED CAPITAL REPORTS AND ADJUSTED RISKBASED CAPITAL REPORTS, SO AS TO PROVIDE CIRCUMSTANCES IN WHICH THE DIRECTOR MAY SHARE, RECEIVE, AND USE CERTAIN RELATED INFORMATION THAT IS CONFIDENTIAL AND PRIVILEGED; TO AMEND SECTION 389430, RELATING TO EXEMPTIONS FROM REPORTING REQUIREMENTS, SO AS TO ADD PROVISIONS CONCERNING DOMESTIC HEALTH ORGANIZATIONS; AND TO AMEND SECTION 389340, SECTION 389350, SECTION 389365, SECTION 389390, SECTION 389400, SECTION 389440, AND SECTION 389460, ALL RELATING TO CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS, SO AS TO MAKE CONFORMING CHANGES.