April 23, 1996
Vol. 13, No. 15
South Carolina House of Representatives
David H. Wilkins, Speaker of the House
OFFICE OF RESEARCH
Room 309, Blatt Building, P.O. Box 11867, Columbia, S.C.
29211, (803) 734-3230
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WEEK IN REVIEW
conference committee appointed
Concerning the sale of nonowner-occupied real estate for delinquent taxes, S. 699 increases the interest rate from eight to twelve per cent
final six months of the redemption period. Representatives Bobby Harrell, Woody McKay, and
were appointed to the conference committee on this bill. Originally H. 3901 was the House version of the same bill. However,
amended the proposed legislation to address local government tax caps and the elimination of
vehicles. Representatives Jim Harrison, Hunter Limbaugh, and Doug Smith were appointed to
committee on that bill.
concurrence in Senate amendments, to be ratified
concerning court assessments and collection of fines in criminal cases, provides that the revenue
in the State General Fund. H.
3557 provides that a civic organization which is exempt from
federal income taxes does not have to register in South Carolina with the Secretary of State
Solicitation of Charitable Funds Act. In addition, the bill allows an organization to collect up to
rather than the current $5,000, without having to register. State and local governments do not
have to register
either. The measure also revises the due date for fiscal reports filed by organizations which are
Currently the report is due two and one-half months after the close of that organization's fiscal
year. The bill
provides that the report is due four and one-half months later.
3985 revises public hearing and notification requirements
insurance rate increases. The bill provides that insurers which earn less than $2 million dollars
South Carolina, rather than the current $500,000, do not have to comply with public notice and
requirements for rate increases. The measure also revises information to be included in a public
needed, and requires that a copy of the notice must be sent to the Consumer Advocate.
4666 provides that the South Carolina Research Authority
known as the "SCRA." The bill also authorizes the SCRA to form both non- profit
corporations, and provides for independent auditing of any for-profit corporations which are
nonconcurrence in Senate amendments, to conference committee
1101 requires that members of voter registration boards, and
and registration commissions complete training and pass an examination by the State Election
within eighteen months after election. The bill also changes appointment procedures for poll
received third reading, to be ratified
grants immunity from liability for a technical expert providing advice and assistance to a local
during a hazardous materials emergency. S.
concerning Foster Care Review, provides that the annual report be made to the Governor rather
General Assembly. It also deletes the twenty-one day period for an agency to notify the local
when disagreeing with the board's recommendation that a child be placed in permanent care. S.
concerning trespassing, deletes the requirement that a warning be given within the preceding six
an arrest may be made. S.
provides for binding arbitration as an alternative dispute resolution for state employee
grievances. The measure
also specifies which grievances may be mediated, and requires an employee to initiate a
fourteen days of the effective date of the action, rather than the current twenty-one days. This bill
which is in the Senate Finance Committee. S.
approves a State Crop Pest Commission regulation designating certain organisms as plant pests.
received third reading, amended, returned to the Senate for concurrence
codifies and condenses provisions concerning sale of beer, wine, and alcoholic beverages into a
The House amendment provides that fines will be deposited in the State General Fund and spent
concerning absentee ballots, authorizes handicapped and illiterate voters to make their marks on
Originally the bill provided that the absence of the witness' address on the envelope was not
challenging the ballot. However, the House deleted that provision.
received third reading, sent to the Senate
exempts Homeowners' Associations from regulations for swimming pool construction and
revises fees for farm truck licenses, reflecting the gross weight of the vehicle rather than the
conforms state laws prohibiting employment discrimination with the Federal Americans with
requiring that insurance policies and health maintenance organizations (HMO's) pay
hospitalization costs of
a mother and newborn for at least forty-eight hours after a vaginal delivery and ninety-six hours
caesarian section. H.
enacts the School Crime Report Act. The bill provides that all school-related crime be reported
to the Attorney
General's Office. The measure also authorizes the expulsion of students convicted of violent
provides that the Attorney General may represent local school districts in appeals court. H.
provides permanent revocation of a person's driver's license after a third driving under the
offense. To apply for a one-time only reinstatement, a person must have had no traffic violations
preceding five years. Also, he must have completed a drug assessment and treatment program,
and have paid
the fifty dollar ($50) reinstatement fee. However, anyone convicted of felony DUI would not be
enacts better control over Bingo operations in the state, while providing that Bingo winnings
would not be
subject to state withholding taxes. Promoters are limited to five licenses, all the same class. Fees
according to the amount of revenue a promoter expected to collect. Also, manufacturers and
be licensed. The bill is estimated to bring in an additional $7 million dollars annually in taxes if
concerning Game Zone 4, establishes the open season for hunting deer with a bow and arrow as
August 15th and January 1st. H.
concerns the sale of abandoned property by owners of self-storage facilities in order to collect
rental fees. The bill deletes the requirement that the sale must be advertised in a local newspaper,
parties with superior liens must be notified. The measure was amended to require that owners
law enforcement agencies with a detailed inventory of the personal property to be sold, including
numbers when available. H.
concerning telecommunications, is designed to insure the accessibility and affordability of these
light of the deregulation of this industry. H.
authorizes a candidate for director of a watershed conservation district to declare his candidacy
with the State
Election Commission, rather than by submitting a nominating petition. H.
provides an optional method of valuing Homeowners' Association Property for tax purposes. The
amends the code to define such property, and requires that owners of real property or their agents
written application to the county assessor to qualify for this provision. H.
enacts the "Uniform Interstate Family Support Act." The proposed legislation
requires that an
applicant for a license in the state provide his social security number. Employers are provided
incentives and tax breaks for hiring Welfare recipients. Transitional Medicaid and child care
provided for two years, rather than one year, to Welfare recipients who lose eligibility by
exceeding the two
year time limit. H.
provides that retired family court judges may be assigned by the Chief Justice to serve in any
court as needed.
If approved by a voter referendum, H.
would give the State Supreme Court more power to remove bad judges This joint resolution
reasons, other than impeachment, that judges may be recalled. These include misconduct in
breaches, habitual intemperance, persistent failure to perform the duties of office, and mental or
extensively revises appeals laws in the state. H.
clarifies last session's gas tax bill. The measure provides that licenses are in lieu of other taxes,
and that the
backup tax applies to alternative fuels as well as gasoline. Also included in the provisions, a
license may be
suspended or revoked for failure to comply with deferred payments. H.
enacts the "Uniform Limited Liability Company Act." The bill revises state
guidelines for limited
liability companies, and conforms these guidelines to recent federal regulatory changes. It also
disclosure of taxpayer records to the Secretary of State under certain
provides numerous revisions to state tax laws. The bill authorizes alternative means for signing,
returns, as well for submitting payments. It redefines liabilities of innocent spouses where the
responsibility for the incurred tax rests with the other spouse, and provides a tax exemption for
makes numerous revisions concerning property taxes. Among other provisions, the bill limits the
four per cent
residential assessment to only one residence, and requires that the values of watercraft and
aircraft be reduced
at least five per cent annually after tax year 1996. The measure expands the term
"boat" to include
"watercraft," and changes the method of providing the tax exemption for watercraft
from a fifteen
dollar ($15) tax to a fifty dollar ($50) assessed value. The proposed legislation requires that
done every five years, and deletes the requirement to value timberland for purposes of rollback
the bill requires that taxes be paid prior to a delinquency sale rather than on the sale date.
provides that probation is a form of clemency. The measure requires that the director of the
Probation, Parole, and Pardon Services develop supervision policies and procedures. H.
substantially amends and updates regulations of the apprenticeship program for pilots at Port
approves a regulation of the Department of Labor, Licensing, and Regulation relating to
licensure of residential builders. H.
approves regulations of the Department of Health and Environmental Control (DHEC)
application of nonhazardous solid waste on or into crop or timberland and land being reclaimed
its aesthetic value or reduce environmental degradation. The regulation will encourage and
for recycling materials usually disposed of in landfills. H.
repeals regulations of the Insurance Department concerning risk classifications and territories for
insurance. Rather than promulgated in an agency regulation, the agency believes these plans
established by order instead.
authorized a referendum letting voters determine whether the state should conduct a lottery.
the lottery would have funded higher education scholarships. While the vote on the measure was
lacked the two-thirds approval, or 82 votes, needed for passage. Thus the joint resolution has
been killed for
prohibited trespassing upon railroad tracks. Violators would have been guilty of a misdemeanor
by a fine of not more than two hundred dollars ($200) or a sentence of not more than thirty days.
measure also has been killed for the session.
authorizes the running of coyotes with dogs for training purposes in a private, enclosed
fox-hunting-dog-training facility. The House amended the bill to prohibit importation of coyotes
into the state.
Violators could be imprisoned for over a year and fined more than five thousand dollars
($5,000). The bill
was recommitted to the House Agriculture, Natural Resources, and Environmental Affairs
establishes a separate grievance procedure for employees of the Department of Transportation
exempted from the usual state employee grievance process. The bill also directs DOT to foster
partnerships, and requires annual reports on this. The measure was committed to the House
Four measures were recalled from various committees and placed on the calendar for second
provides the Spoleto USA Festival with an additional year to repay the $400,000 balance on its
effectively would lower the payment due as well. Spoleto was loaned $600,000 from remaining
funds left in
a loan to the City of Charleston on behalf of the Patriot's Point Development Authority. That
loan was to have
been repaid in three equal payments of $200,000 over three years. One payment has been made;
a budget shortfall prompted the proposed legislation for an extension on repayment. The joint
authorizes Spoleto to repay the $400,000 balance in three equal payments over the next three
years. The first
payment would be due June 30, 1997. This measure was recalled from the Ways and Means
provides civil action for injunctive relief and monetary damages when the release of reserved
property. The bill has been recalled from the House Judiciary Committee. H.
authorizes burning of yard debris only under certain conditions. Also, campfires are permitted
recreational purposes or to keep warm. The measure was recalled from the Agriculture, Natural
and Environmental Affairs Committee. H.
authorizes shrimping by coastal property owners from docks that they own which are adjacent to
placed on the contested calendar
Five measures were placed on the House contested calendar for second reading last week.
concerns school attendance. Originally, the bill provided that a child could attend any South
school only if he lived with a parent or legal guardian who was a resident of that school district,
a provision allowing attendance when the child owned real estate with an assessed value of three
dollars ($300) or more in that district. The House Education Committee amended the bill to
require that the
child must live with his parent or legal guardian who is a resident of South Carolina, rather than
of the school
prohibits marriage between persons of the same sex, and provides that such marriages performed
states will not be recognized in South Carolina. H.
provides a tax exemption for non coin-operated laundry, dry-cleaning, dyeing, and pressing
services and sales.
It's estimated that the bill would reduce sales tax revenue by about $6.3 million dollars annually.
enacts the "Rural Development Act of 1996." The proposed legislation revises the
"Enterprize Zone Act" passed last year, and the "Economic Development
Act" adopted earlier this year. It gives greater tax breaks to industries locating in least
underdeveloped counties, which are usually rural counties. Industries with major investments
with local governments for lower property taxes, so that they could pay three per cent rather than
six per cent for a period of thirty years rather than the current twenty years. H.
defines "structural fill" and restricts local governments from regulating these
facilities. Also, the
measure authorizes the Department of Health and Environmental Control (DHEC) to issue
permits for short
term structural fills which operate less than twelve months.
The Senate Finance Committee concluded work on next fiscal year's $4.4 billion dollar budget
Senators approved a three year phase in of an all day kindergarten program costing $20 million
1996-97. State employee pay raises were approved at 3.4%, as were teacher pay raises. The
aside $2.7 million dollars to hire an addition 45 state troopers, and eliminated $3 million dollars
monitoring of offenders. Senators included $1.6 million dollars for new license tags, and
removed the tuition
cap at public higher education institutions. Committee members wrote in only $5 million dollars
of the nearly
$30 million dollars requested by Governor David Beasley for improvements at the Department
Justice (DJJ) ordered by federal courts. Also, only $15 million dollars of the $30 million dollars
wants for economic development was included in the Senate budget. Senators cited lack of
about how the money would be spent as the reason for cutting that request.
nonconcurrence in House amendments, to conference committee
originally affected the sale of nonowner-occupied real estate to collect delinquent property tax.
increased the interest rate from eight to twelve per cent during the final six months of the
The Senate amended the bill to provide for a referendum placing tax caps on local governments.
would have been allowed to determine whether to increase sales tax by a penny in order to give
to the elderly and low income, and to eliminate real estate, vehicle and other taxes. Senators also
manufacturer's depreciation rate to that of other businesses. The House struck these provisions
their own version of local government tax caps instead. That measure does not include a
referendum on tax
caps, but requires that local governments have a two-thirds "supermajority" to enact
taxes beyond the rate of inflation plus growth. However, increases due to shortfalls, natural
judicial mandates would be exempted from the tax cap. Also, local governments would be
allowed to collect
a 3% accommodations tax and a 1% meals tax. The House version includes a referendum for
determine whether to raise the sales tax by a penny to eliminate vehicle taxes. This would save
nearly two million vehicle owners about $213 annually, and would provide tax relief to
well. The bill now goes to a conference committee to iron out the differences in the two
received third reading, amended, returned to the House for concurrence
enacts the South Carolina Personal Watercraft and Boating Safety Act of 1996. The Senate
amended the bill
to provide that a person under sixteen years old may operate a jet ski only if he has completed a
program or is accompanied by someone eighteen years old or older. Also, a jet ski would be
jumping a wake within 200 feet of another watercraft. Jet skis may not be ridden after sunset or
sunrise. Anyone on a jet ski must wear a life preserver, and no one may be towed by a jet ski.
misdemeanors punishable by a fine of fifty to three hundred dollars ($50-$300). H.
provides for judicial reform by establishing a Judicial Merit Selection Commission. This
nominating panel composed of legislators and lawyers would weed out weak candidates. The
an eleven member panel, but the Senate approved thirteen members. The Senate version requires
legislator be out of the General Assembly for at least one year before he could apply for a
judgeship. It also
provides for weighted voting. Senators would have the same voting power as Representatives,
the House has more members. Another provision prohibits vote swapping by legislators.
Violators would be
subject to a fine of not more than one thousand dollars ($1,000) and imprisonment of not more
received third reading, sent to the House
authorizes a referendum to be held during the 1996 General Election. Voters in counties with
320,000 people would be asked whether to prohibit video poker payoffs in their counties.
received second reading
provides that a person charged with committing a lewd act on a child under fourteen years old
may not apply
to a pretrial intervention program. S.
reduces the penalty for preventing a child from attending school. For a first offense, the bill
provides for a
fine of not less than five hundred dollars ($500), imprisonment for not less than thirty days, or
current penalty, a fine of not less than one thousand dollars ($1,000), imprisonment for not less
years, or both, would become the penalty for a second or subsequent offense. S. 1051,
concerning child neglect, provides that a parent may be subject to criminal penalty for improper
of a minor if his child is charged with a criminal act when neglect is a proximate cause of the
Parents also are made a party to the criminal action involving the child, and are required to
appear in court
with the child. Family court is given exclusive jurisdiction over these cases. S.
provides that residents of any state may buy a rifle or shotgun in South Carolina. S.
revises the age of a victim of homicide by child abuse. Currently the victim must be under
eleven years old.
This bill provides that anyone under eighteen years old may be a victim of homicide by child
revises the ages of the victim of a lewd act upon a minor. Currently victims must be under
fourteen years old.
The bill increases that to under sixteen years old. H.
increases the maximum fine for practicing dentistry without a license from one thousand dollars
ten thousand dollars ($10,000). H.
authorizes muzzleloader hunts in Game Zone 2. H.
approves a regulation of the Department of Health and Environmental Control (DHEC) which
the State Underground Petroleum Environmental Response Bank, or SUPERB, Fund. The
provides for clean up of the storage tanks according to site specification.
AGRICULTURE, NATURAL RESOURCES, AND ENVIRONMENTAL
Committee members approved two bills last week. H.
establishes open season for hunting deer with bow and arrow in Game Zone 4 as between August
January 1st. H.
conforms the organization and operation of the board of veterinarians with boards of other
EDUCATION AND PUBLIC WORKS
The Primary and Secondary Education Subcommittee amended and gave a favorable report to
instructing the Department of Education to study the effectiveness of the length and timing of the
year, reporting to the General Assembly in January of 1997. The Subcommittee reported
establishing a special weighting for autism in the Education Finance Act formula.
The Postsecondary Education Subcommittee reported favorably on H.
a bill which allows institutions of higher learning to establish holidays different from those listed
on the state's
calendar, provided that the number of holidays does not exceed the total provided by the state.
both received favorable reports. These joint resolutions set up conditions under which students
given a fourth opportunity to pass the Education Entrance Exam this year. The Subcommittee
favorably on S.
"The Public School Facilities Assistance Act," after amending the bill to make it
the appropriations act. S.
authorizes the use of the funds generated from the operation of the Barnwell Low-level Nuclear
for the construction and renovation of public school facilities. The Subcommittee recommended
two regulations promulgated by the Commission on Higher Education: R.
clarifies the definition of residency in the state for use in determining admissions to and tuition at
of higher learning; R.
transfers from Commission rules to the regulations guidelines for the African-American Teacher
Program which provides tuition assistance to African American males who will teach in the
The Intermodal Transportation Subcommittee reported favorably on H.
which would make it unlawful to disturb or remove monuments or memorials for war veterans.
The Ad Hoc Subcommittee to Study Limitation of Special Tags amended and reported out three
allows log transport trucks to operate at night, substituting lanterns for the flags which mark the
tail end of
their loads during the day. Also, these vehicles would be subject to intensified scrutiny by the
of Public Safety's Transportation Police. S.
creates special license tags for members of the Marine Corps League. S.
creates such tags for members of the Shriners.
The full Education and Public Works Committee reported favorably on an amended H.
which requires cars driven by someone without an active license to be impounded at the driver's
full Committee reported favorably on S.
which would do away with the provision that the Scenic Highways Commission be terminated
30, 1997 unless reauthorized by the General Assembly. The Committee also reported favorably
following legislation passed out of subcommittees the day previous to the full meeting and
the days remaining in this session rapidly drawing to a close, the Judiciary Committee approved
a flurry of
proposed legislation to beat the May 1st deadline for having bills be considered by at least one
that two-thirds approval would not be required to take up the measures. Last week committee
reported favorably on S.
concerning trespassing. The bill deletes the requirement that prior warning be given within the
months before an arrest may be made. S.
revises the South Carolina/Georgia border based on North American Datum 1927. Concurrently,
committee recommitted the House version of this bill, H.
to a judiciary subcommittee. H.
recognizes the Chicora-Waccamaw and Pee Dee Indian Tribes. It also confers upon these tribes
the rights and
privileges provided by law to indian tribes. H.
provides for a referendum allowing voters to determine whether to eliminate the Office of the
State and divide the duties among other state constitutional offices. H.
is the bill which explains how these duties would be divided if the Office of Secretary of State is
The ministerial duties would be vested in the Governor's Office. The Department of Commerce
care of chartering corporations and registering trademarks. Elections activities would become
part of the State
Election Commission, while regulation of charities would rest with the Attorney General's office
as well as
duties related to service of process for out of state corporations. Savings are expected to be
increases the fine for desecrating human remains or graves from two thousand dollars ($2,000) to
thousand dollars ($5,000). H.
increases penalties for a driver's failure to stop when involved in an accident causing injury or
than a sentence of thirty days to one year, violators could face up to fifteen years in prison.
as originally written, prohibited giving away live animals as prizes or incentives. However,
members amended the bill to provide that it would not apply to raffling a live animal, only using
as an incentive to attract business. Violators would be guilty of a misdemeanor punishable for
offense by a fine of up to three hundred dollars ($300), a sentence of up to thirty days, or both.
concerning entrapment, prohibits an underage undercover agent from attempting to purchase
beer, wine, or
an alcoholic liquor unless there is documentation of at least two instances in which the
establishment has sold
these beverages to minors. H.
provides that neither chamber of the General Assembly may adjourn for more than seven days
consent of the other body. Currently the limit is three days. The measure also deletes the
there must not be any pending messages from the governor or legislation on the calendar in order
provides for the circumstances and time frame under which a child may be sent to a secure
the Uniform Limited Liability Company Act, revises state guidelines for limited liability
conforms these guidelines to recent federal regulatory changes. The measure also permits
taxpayer records to the Secretary of State under certain conditions. H.
provides that probation is a form of clemency. The bill also requires that the director of the
Probation, Parole and Pardon Services develop supervision policies and procedures.
was tabled by committee members last week. The bill would have increased both the application
fee to become
a notary public and the renewal fee from twenty-five dollars ($25) to fifty dollars ($50).
LABOR, COMMERCE, AND INDUSTRY
The full Labor, Commerce, and Industry Committee gave a favorable report to H.
as amended, legislation which aims to reform problems in providing insurance coverage for
coastal property. The Committee recommended approval for R.
a regulation promulgated by the Department of Insurance to repeal in their entirety the risk
territories for automobile insurance, allowing the Director to promulgate revised plans. The
a majority favorable and minority unfavorable reports to H.
as amended, a bill which allows an electrical utility to sell or otherwise dispose of its utility
the currently-required hearing before the Public Service Commission. The Committee also
a bill which authorizes the Public Service Authority to: (1) add Calhoun and Colleton to the list
in which it may purchase and operate water treatment and distribution facilities; and, (2) transfer
one river basin to another.
The Labor and Commerce Subcommittee amended and gave a favorable report to H.
a bill which creates the Real Estate Commission under the administration of the Department of
Labor, Licensing, and Regulation; transfers some of the Commission's powers and duties from the
statues; and expands those powers. The bill works in conjunction with H.
(currently pending in the Senate Labor, Commerce, and Industry Committee), the so-called
Bill" which brings all boards and occupations under the administration of the LLR. Under
the Commission's powers and duties would include determining standards for applicant
disciplinary hearings and actions; and, recommending legislation and regulation for the real
estate industry. Notably, the nine member Commission would be selected entirely by the Governor with the
consent of the Senate, as opposed to the current system where commissioners are variously
legislative delegations, the Governor, and the Commission. The subcommittee amended and
favorably on H.
"The South Carolina Transportation Infrastructure Bank Act," which provides the
legislation for the state's Department of Transportation to participate in a pilot program with the
Department of Transportation. The pilot program would offer a twenty-five percent state match
funds with the state's Department of Transportation authorized to spend up to five percent of its
highway funds towards that state match. The Transportation Infrastructure Bank would make
loans and provide
other financial assistance to public and private entities constructing and improving highway and
transportation facilities. The subcommittee also recommended approval for R.
a regulation proposed by the Commissioners of Pilotage for the Port of Charleston to enhance the
of a bar and harbor pilot in a docking maneuver.
The Banking and Consumer Affairs Subcommittee amended and gave favorable reports to four
establishes the South Carolina Board of Towing and Recovery to govern the state's towing and
"The South Carolina Credit Union Act of 1996," effectually establishes parity
between state and
federal credit unions, preserving state chartered credit unions and updating the law governing
Offered in response to a large settlement paid out by Jim Walter Homes in 1995, H.
requires that attorney preference be obtained in loan transactions secured by real estate. H.
pertains to registered mortgage loan brokers, shielding such brokers from civil liability for third
violations of the Federal Truth in Lending Act, and establishing provisions for satellite offices
The Life, Accident, and Health Insurance Subcommittee amended and reported favorably on
which requires health insurers to provide coverage for a hospital stay of up to two days following
vaginal delivery or up to three days following a caesarian section. The attending physician
would retain his
authority to decide whether a mother and newborn might be released early or need to stay longer
The Property and Casualty Subcommittee amended and gave a favorable report to S.
"The Motor Vehicle Financial Responsibility Act," pertaining to those possessing
twenty-five vehicles (i.e. taxi companies) and certified by the Department of Public Safety as
"self-insurers." As amended, the bill: (1) doubles from five to ten the number of
days of notice
which the Department of Public Safety must give before canceling self-insurer status; (2)
removes the present
requirement for an audit and instead requires the financial statement of a self-insurer applicant to
by a certified public accountant licensed in this state.
MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS
The full Medical, Military, Public and Municipal Affairs Committee reported favorably on four
allows the legislative delegation to delegate its authority to recommend the appointment and
removal of county
veteran's affairs officers to the county governing body. H.
"The Alzheimer's Special Care Disclosure Act," requires any facility licensed to
Alzheimer's special care unit to include in its policies and procedures the specific form of care
makes the program especially suited to sufferers of Alzheimer's disease. H.
"The Osteoporosis Prevention and Treatment Act," creates a fund to promote public
prevention, and treatment of osteoporosis. H.
requires a boxer to produce a physician's certification that he is free of HIV and AIDS before
in a match.
The Subcommittee on Occupational Regulation and Licensing Boards amended and reported
a bill which legalizes the practice of tattooing for non-medical purposes. Under the bill, it would
unlawful to: (1) tattoo someone under the age of eighteen, (2) tattoo the head, face, or neck of
(3) disregard Centers for Disease Control and other guidelines for prevention of disease
The Health and Environmental Affairs Subcommittee amended and gave a favorable report to
a bill which updates the state's controlled substance schedule for depressant drugs, bringing the
conformity with Federal Drug Administration standards. The bill also allows methadone to be
retail pharmacies as an analgesic under Department of Health and Environmental Control
guidelines. Currently, methadone may only be obtained from hospital pharmacies which tend offer
and hours of operation.
The Military and Public Affairs Subcommittee reported favorably on S.
which requires a municipality or county to give a two-week notice before adopting an ordinance
moratorium on a construction project for which a permit has been granted.
WAYS AND MEANS
The full Ways and Means Committee did not meet last week, but several subcommittees did. The
Income Tax Subcommittee reported favorably on H.
which provides that the five cent surcharge on rental vehicles is a sales tax and must be
deposited in a
segregated account when collected. The bill also provides that these surcharges belong to the
State, and are
not subject to creditor liens. This measure does not apply to leased vehicles.
The Economic Development, Capital Improvement and Other Taxes Subcommittee approved
which was recalled from the Ways and Means Committee and placed on the calendar for second
joint resolution affects repayment of a loan made to the Spoleto USA Festival. Originally a loan
to the city of Charleston on behalf of the Patriot's Point Development Authority; however, not all
of the funds
were used. From the remaining monies, the General Assembly authorized the city of Charleston
to make a
$600,000 loan to Spoleto which would be repaid over three years in equal amounts. Payments
were to be
$200,000 per year. The Festival has made one payment of $200,000. This joint resolution
with an additional year to repay the $400,000 balance. The first payment would be due June 30,
Two other subcommittees also met last week. The Property Tax Subcommittee reported
which provides a property tax exemption to the spouse of a law enforcement officer who was
killed while on
duty. The Budgeting, Agency Administration and Other Legislation Subcommittee approved
calling for an audit of state government. This joint resolution establishes the Performance Audit
Committee to conduct a comprehensive performance audit for the period from June 30, 1996
December 31, 1997. Two million dollars from the unobligated 1994-95 general fund surplus
would be set
aside to cover expenses. The joint resolution originally exempted legislative agencies from
participating in the
audit; however, subcommittee members deleted that provision.
AGRICULTURE, NATURAL RESOURCES, AND ENVIRONMENTAL AFFAIRS
No bills were assigned to this committee last week.
EDUCATION AND PUBLIC WORKS
HIGHER EDUCATION ACCOUNTABILITY ACT Senate Education
This bill authorizes the Commission on Higher Education to reduce duplication and coordinate
services in the
state's higher education system by expanding, reducing, or eliminating programs. Funding for
of Higher Learning would be conditional upon meeting the Commission's performance
SECOND OFFENSE DUI Sen. Rankin The proposed legislation
the sentence for a second offense of driving under the influence (DUI) from sixty to thirty days
in order that
such cases may be heard in magistrate's court rather than circuit court. The measure is designed
HUNLEY COMMISSION Sen. McConnell The bill, concerning the
Confederate submarine sunken off the coast of Sullivan's Island, provides that the Hunley
exempt from the state procurement code. The measure also authorizes the Commission to sign an
which gives South Carolina permanent custody of the submarine, but allows the federal
government to retain
that submarine's title.
SEXUAL BATTERY Rep. Martin Concerning the crime of sexual
the bill provides that a person is guilty of criminal sexual conduct with minors in the second
degree if he
knowingly engages in sexual battery of a minor fourteen to sixteen years old. The measure also
the person must be at least four years older than the victim.
TRAFFIC TICKETS Rep. Moody-Lawrence The measure provides that a
canceled check is satisfactory evidence that a person has paid a traffic ticket.
LABOR, COMMERCE, AND INDUSTRY
No bills were assigned to this committee last week.
MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS
No bills were assigned to this committee last week.
WAYS AND MEANS
No bills were assigned to this committee last week.
The Legislative Update is now on-line! Members and staff who are on the network may access
pressing "List Files (F5)," then typing "H:\UPDATE" and pressing
"enter." All of the Legislative Updates will be listed by week. Using up/down
arrows, choose the
Legislative Update which corresponds to the week you need and press "enter."
If you need or prefer to access the Legislative Update through the World Wide Web, visit the
General Assembly Home Page. Click on the "Quick-Find Guide" on the first page.
On the next
page, click on "Reports." This will list all of the Legislative Updates by week. Click
on the week
Follow the links in this index to pull up the paragraph in this issue discussing the bill concerned. Follow the
link in that paragraph to pull up the bill's text, history, and status.
The S.C. General Assembly
Tuesday, June 30, 2009 at 2:53 P.M.