April 15, 1997
Vol. 14, No. 13
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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Legislative Update, April, 15, 1997
WEEK IN REVIEW
The House amended and gave third reading to H.3710
which provides new requirements for driving regulations.
Under the bill, anyone, regardless of age, who has never previously had a license to drive must
first obtain a
driver's permit prior to full licensure.
A person must be 15 years of age to obtain a beginner's permit, must have a parent or guardian
application and must pass a written test. Restrictions include daylight operations only and the
driver must be
accompanied by an adult 21 years of age or over with at least one year's driving experience. A
permit holder may
operate a motor scooter during daylight.
To be eligible for a provisional license, a person must be at least 15 years of age and less than 16
years of age and
must have received a high school diploma or be enrolled in school. Applicant must have a
or guardian sign
the application and must have held a beginner's permit for at least 90 days, must pass a road test,
successfully complete an approved driver's education course. Restrictions allow for daylight
with the exception provided for farm tag trucks (daylight hours extended until 9 pm), night
operations with adult
21 years or older (until midnight), and daylight operations of motor scooter.
To obtain a Special Restricted license a person must be at least 16 years of age, and less than 17
years of age, must
have passed a road test, and must have previously held a beginner's permit for at least 90 days.
restricted license is valid between 6am-6pm or daylight savings hours of 6am-8pm. During
nighttime hours the
driver must be accompanied by a licensed adult 21 years of age or older. Modifications to or
waiving of these
restrictions are authorized under certain conditions. Applicants for a Special Restricted license
are not required to
have passed driver's education.
Between 16 and 17 years of age, the holder of a special restricted license may obtain a route
restricted license that
enables the holder to operate a vehicle during nighttime hours, no later than midnight. The
restrictions may be
modified by the department under certain conditions regarding school and/or employment. These
specified in the bill. A statement of purpose for waiver or modification of restrictions must be
executed by the
holder's parents or legal guardian, in addition to evidence from the employer or school.
The bill also includes a "zero tolerance" provision which prohibits a driver under the age of 21
from operating a
motor vehicle with any measurable level of alcohol in his system. Measurable is defined as two
one percent or more by weight of alcohol in the person's blood. First offense violation of this
provision will result
in a penalty of ten hours in an Alcohol and Drug Safety Action (ADSAP)program. Second and
will result in suspension of driving privileges for one year. Also, if six or more points are
holder of a beginner's permit or a restricted license, then the license is suspended for six months.
The House also amended gave third reading to H.3823
which provides that other states which are parties to the
Driver License Compact must provide this state with the reports of convictions of South Carolina
occur in their jurisdictions within one year of the time of conviction. Reports of convictions
after the one
year deadline will not be entered against the driver's record.
S.262 was enrolled for ratification. The bill eliminates the
provision that only one special Shriner License Plate
may be issued to a Shriner. The House gave third reading to
H.3341 which provides for the issuance of special
license plates for members of the Sons of Confederate Veterans.
The Senate further amended S.70, which had returned from
the House with amendments adopted by that body.
S.70 requires any retired justice or judge appointed by the Chief
Justice to serve in the state's courts to have been
found qualified by the Judicial Merit Selection Commission within four, rather than two years.
amendment allows a retired judge to postpone an irrevocable decision to practice law. The
adds to the bill by expanding the authority of standing committees of the House and Senate to
issue subpoenas and
subpoenas duces tecum.
Present law allows the issuance of subpoenas to state agencies, political subdivisions and their
The Senate amendment expands those who are subject to such subpoena to include "any person
or entity." The
Senate amendment also authorizes standing committees of the House and Senate to issue
subpoenas on behalf of
their joint subcommittees. Standing committees may already issue subpoenas on behalf of their
Third reading was given to S.203, which requires every
passenger van owned or operated by a local chapter of the
National Federation of the Blind to be insured for minimum automobile insurance coverages at
rates as any comparable fifteen passenger church bus.
S.277, making a third or subsequent offense of ill-treatment
of an animal a felony, also received third reading. In addition to the change in classification,
S.277 increases the
maximum imprisonment for a third or subsequent offense from two to five years, the maximum
fine from two to
five thousand dollars, and authorizes both a fine and imprisonment. For a first offense, S.277
maximum fine from four hundred to five hundred dollars and allows both a fine and
cruelly killing and inflicting excessive or repeated and unnecessary pain or suffering upon an
animal is also made a
felony, with maximum imprisonment increased from two to five years.
The Senate read for the third time S.380, which provides
the director of the insurance department an alternative
remedy by which he may halt the unauthorized transaction of insurance business. Presently, the
director may file a
complaint in the Richland County court of common pleas seeking a restraining order and an
injunction. As an
alternative, S.380 allows the Insurance Department director to issue an emergency cease and
desist order when he
has reasonable grounds for believing a violation has or is about to occur and the public health,
safety, or welfare
will be adversely impacted. The cease and desist order may be contested at a public hearing
administrative law judge. The administrative law judge may stay the emergency cease and desist
appropriate terms, but a stay may be accompanied by a requirement that bond be posted. If a
public hearing is not
requested within a specified time period, or, after a public hearing, the administrative law judge
finds the person to
have violated the law, the administrative law judge must make the cease and desist order
administrative law judge may also impose a penalty of up to fifty thousand dollars for each
violation, if he
determines that the person engaged in the unauthorized transaction of insurance business knew
known his actions violated the law. If a person violates a permanent cease and desist order, the
circuit court may
order the violator to pay an additional penalty of up to twenty-five thousand dollars for each
Other bills receiving third reading were S.124, which
a patient, who is enrolled in a managed care health
insurance plan and receives a referral from a primary care physician to a dermatologist, to see
dermatologist for a minimum of six months or four visits (whichever occurs first) without any
provided the visits are for diagnosis, medical treatment, or surgical treatment of the referral
problem or related
complications, and S.315, which revises the number of
persons who may witness an execution, so as to allow as
witnesses two representatives of the victim's family, rather than two citizens, and the solicitor or
of the county where the offense occurred.
S.329, which relates to lease purchase or financing
agreements subject to constitutional debt limits, also received
third reading and was sent to the House. This bill establishes and defines an "enterprise charge,"
which is a fee or
tax imposed by one or more governmental entities, the proceeds of which may only be used for
which are delineated in the bill. The bill also establishes and defines a "refinancing agreement,"
which is any
agreement(s) that would be a financing agreement except that it refinances an asset acquired
under the terms of a
contract that is not a financing agreement solely by virtue of being dated prior to January 1,
and the sum of
all payments to be made under such agreement is less than the sum of the payments under the
On Wednesday, April 9, the House and Senate met in Joint Assembly for the purpose of electing
court of appeals
judges, circuit court judges, and an administrative law judge. The Honorable William T. Howell
Chief Judge, Court of Appeals, Seat 5. The Honorable Jasper M. Cureton was elected Court of
Seat 6. The Honorable Costa M. Pleicones was elected Circuit Court Judge, Fifth Judicial
Circuit, Seat 3. The
Honorable A. Victor Rawl was elected Circuit Court Judge, Ninth Judicial Circuit, Seat 3. The
R. Patterson was elected Circuit Court Judge, Thirteenth Judicial Circuit, Seat 2. The Honorable
was elected Circuit Court Judge, Fourteenth Judicial Circuit, Seat 1. The Honorable David H.
Maring Sr. was
elected Circuit Court Judge, Fifteenth Judicial Circuit, Seat 2. The Honorable Paula H. Thomas
Circuit Court Judge, At-Large, Seat 1. The Honorable R. Markley Dennis, Jr. was elected
At-Large, Seat 2. The Honorable Malcolm Duane Shuler was elected Circuit Court Judge,
At-Large, Seat 3. The
Honorable Joseph J. Watson was elected Circuit Court Judge, At-Large, Seat 4. The Honorable
Gary E. Clary
was elected Circuit Court Judge, At-Large, Seat 5. The Honorable James E. Lockemy was
elected Circuit Court
Judge, At-Large, Seat 6. The Honorable H. Dean Hall was elected Circuit Court Judge,
At-Large, Seat 7. The
Honorable Paul E. Short was elected Circuit Court Judge, At-Large, Seat 8. The Honorable L.
was elected Circuit Court Judge, At-Large, Seat 9. The Honorable James L. Barber, III was
elected Circuit Court
Judge, At-Large, Seat 10. The Honorable Stephen P. Bates was elected Administrative Law
Judge, Seat 2.
AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL
The Wildlife Subcommittee gave a favorable recommendation to
H.3647. The bill provides that on the Edisto,
Big Pee Dee, Little Pee Dee, Lumber, and Waccamaw Rivers, live nongame fish may be used
set hooks that have a shank-to-point gap of 1-3/16 (one and three-sixteenths) inches or greater.
amended and adopted H.3756, a bill requiring black sea
bass to be processed, marketed, and sold with the head
and tail intact. The amendment states that it is unlawful to take, possess, or offer to sell a black
sea bass of less
than ten inches in total length. The subcommittee also amended and adopted
H.3807, which revises the open
season for taking antlered deer in Game Zones 1,2, and 4 and provides that the Department of
has the authority to establish the methods for hunting and taking of deer and to set restrictions on
The Environmental Affairs II Subcommittee gave a favorable recommendation to
H.3623, a bill amending the
Solid Waste Policy and Management Act by distinguishing between "collection", "disposal",
"recycling" related to facilities managing waste tires. The bill also revises the tipping fee on
oversized waste tires,
refines the retailer-wholesaler refund program, and makes other changes concerning waste tire
subcommittee also approved H.3771, a bill amending
several sections of the code relating to the purposes and
uses of the Superb Account and the Superb Financial Responsibility Fund. The bill clarifies that
the Fund may
pay claims directly for bodily injury and property damages caused by releases from underground
containing petroleum or petroleum products. S.360 also
received subcommittee approval. This bill establishes
the Drinking Water Revolving Loan Fund, requires the State to make a biennial report to the
the Drinking Water Revolving Loan Fund, brings the State's laws into compliance with the
Water Act, and adds additional powers to the S.C. Water Revolving Fund Authority.
EDUCATION AND PUBLIC WORKS
The full Education and Public Works Committee considered three bills.
H.3415, which would
increase from twenty to twenty-four the number of credits required to receive a high school
diploma, received a favorable report with amendments. Amendments included striking the
provision providing that students who earn one unit in science and six or more units in a specific
occupational service area will meet the science requirements for a diploma, and that vocational
programs operating on a 3-2-1 structure may count prevocational education as one of the six
required units; and an amendment adding a provision that for the purpose of calculating program
membership, a high school pupil shall maintain membership in a minimum of 250 minutes of
instruction or its equivalent for an annual accumulation of 45,000 minutes, and that the State
Board of Education (in order to offer students more instructional time in a particular basic skill)
may allow adjustments in the amount of instructional time required in each of the subjects in the
State's defined minimum program. H.3461, which allows
parents and certain other volunteers to
ride school buses under certain conditions, received a favorable report with amendments. The
amendments provide: that the maximum number of authorized adults per bus is limited to four;
that parents and certain others may ride school buses in conjunction with special programs that
are sponsored by the local school district; and that the use of these buses by authorized adults
shall be in accordance with local school district board policies and programs and the State is not
responsible for any associated costs. The committee also struck the requirement in the bill which
authorized persons, prior to riding the bus, to execute a "covenant not to sue" the State, and
struck a provision which required the State Department of Education to promulgate regulations
necessary to implement the provisions of the bill.
which provides that annual school
district programmatic reports to district parents and constituents must be provided on December
rather than on November 15, was reported favorably with amendments. The amendments strike
all after the enacting words and insert language which: deletes the current requirement that the
school districts of the State shall annually provide the State Department of Education with two
copies of its (the District's) annual budget; and adds a provision that the currently required audit
report of each district must be provided to the State Department of Education by December 1
following the close of the fiscal year. S.361, a joint
resolution concerning requirements for
participation in interscholastic activity, was amended to provide that the SC High School League
is authorized, under certain conditions, to grant waivers concerning requirements for
in interscholastic activity. H.3310, which provides that
certain employees of the Department of
Transportation are exempt from state employee grievance procedures, received a majority
favorable, minority unfavorable report. The committee adjourned debate on
concerns unsafe railroad-owned bridges for motor vehicles over a railroad track.
The Education and Public Works subcommittee adjourned debate on
H.3270, which provides that
careless driving is a one point violation. The subcommittee also adjourned debate on
which requires that the name of the county in which a vehicle is registered and property taxes are
paid must be placed on license plates, and which prohibits slogans or logos on license plates.
H.3652, which requires that school buses owned or operated
by private schools must conform to
certain state requirements, received a favorable recommendation with an amendment clarifying
language in the bill. The subcommittee also gave a favorable recommendation to
requires the SC Highway Patrol to transfer the service revolver of an active duty trooper killed in
the line of duty, to the trooper's surviving spouse at no charge, once the sidearm has been
The Higher Education subcommittee adjourned debate on
H.3305, which imposes a 25%
surcharge on students who take more than a certain number of credit hours to complete a degree
at any state-supported college or university of this State.
The Primary Education subcommittee considered two bills. S.416, which concerns the manner in
which school principals are evaluated and provided developmental training, received a favorable
recommendation. The subcommittee adjourned debate on
H.3424, which requires that students in
grades 9-12 have an overall "C" average and meet certain other requirements in order to
participate in interscholastic activities.
The Highway General subcommittee adjourned debate on
H.3396, which provides that the
Department of Public Safety shall issue biennial license plates and revalidation decals and shall
give a motor vehicle owner a license plate or revalidation decal for the tax year to which
property taxes and biennial fees have been paid. Current law provides that the Department of
Public Safety issue the plates and decals to the county treasurer or tax collector, which then
the plates and decals to the motor vehicle owner. The subcommittee gave a favorable
recommendation to H.3589, which provides for the
issuance of "Lake Murray" license plates.
The Judiciary Committee reported favorably on H.3586
which establishes a two-tiered system for
the state's appellate courts in which the Court of Appeals is charged with the responsibility of
deciding most appeals from circuit and family courts. Certain appeals, such as death sentences,
challenges to constitutionality, public utility rates, etc. are routed directly to the Supreme Court,
as specified in statute. The Supreme Court is positioned to review appeals which involve novel
important issues. The committee reported favorably on
H.3593 which provides that state
residents who are victims of terrorism committed outside the United States may apply for
with the Victim's Compensation Fund. The committee gave a report of favorable with
amendment to H.3585 which provides that the South
Carolina Tort Claims Act is the exclusive
remedy for any tort committed by a government employee acting within the scope of his official
duties. The provision is to be liberally construed in favor of limited liability with ambiguity to
resolved in the favor of the government. The committee gave a report of favorable with
amendments to a bill designed to penalize those who sell merchandise, such as tee shirts, with
indecent images or messages. H.3291, with
makes it a misdemeanor to
disseminate, sell, or distribute indecent material to minors or to display indecent
material in areas likely to be frequented by minors. Offenders are tried in
magistrate's court with a first offense carrying a prison term of not more than
thirty days and/or a fine of not more than five hundred dollars; a second or
subsequent offense carries a prison term of not more than three years and/or a
fine of not more than three thousand dollars. Additionally, maximum penalties are
increased for felonies of disseminating obscene materials to minors. An
amendment specifies that the provisions do not apply to audiovisual works, sound
recordings, newspapers, or bound literary works. The committee gave a report of
favorable with amendment to H.3449 which provides
an individual is guilty of a
misdemeanor who views, photographs, films, or videotapes an unconsenting person in a state of
undress in any setting where that person might have a reasonable expectation of privacy. The
covers such settings as dressing rooms, locker rooms, restrooms, and tanning booths. A violator
is subject to a fine of up to five hundred dollars and/or a prison term of up to three years.
Surveillance conducted by law enforcement officers, private investigators, and corrections
officials is exempted. The Committee gave a report of favorable with amendment to
which enhances protection of trade secrets during litigations by requiring litigants to demonstrate
their need for release of trade secrets in order to obtain release of that information. The bill also
creates criminal penalties for the misappropriation of trade secrets and codifies the common law
distinction between a trade secret agreement and a covenant not to compete. The committee
a report of favorable with amendment to H.3603 which
broadens the category of individuals who
may be held responsible for child endangerment/abandonment to include individuals who do not
have legal custody of a child, but do have recurring access. The bill also makes it unlawful to
place a child in a situation that would likely lead to abandonment. The committee gave a report
of favorable with amendment to H.3421 which provides
that it is a misdemeanor to knowingly
make a false report of child abuse or neglect, punishable with a five thousand dollar fine,
imprisonment for up to ninety days, or both. The committee reported favorably on S.292 which
provides that the State Law Enforcement Division shall collect and maintain concealable weapon
application, renewal and replacement fees for the administration of the "Law-Abiding Citizens
Self-Defense Act of 1996." Maximum sizes for concealable weapon permits are specified. The
committee reported favorably on H.3506 which
authorizes the Department of Health and
Environmental Control to relocate the coastal division within the agency organizational
so long as the coastal division continues as an organizational unit and is located at or above the
level of a bureau. The Committee reported favorably on
S.77 which provides that when a
counterclaim is filed with an initial claim in magistrates' court which would, if successful,
the magistrates' civil jurisdictional amounts, both the initial and counter claims must be
transferred to the court of common pleas. The Committee reported favorably on
provides that the theft of a firearm is grand larceny punishable by a prison sentence of up to one
year or a fine the amount of which is left to the court's discretion.
The committee recommitted to the Election Laws Subcommittee
H.3469 which authorizes a
county board of registration to make use of means of voting by absentee ballot other than paper
ballot. The committee tabled H.3507 which provides that
statements of intention to run as a
candidate for the General Assembly must be filed with the county election commission rather
the county executive office of the appropriate political party.
The General Laws Subcommittee gave a favorable report to
H.3628 which requires a court to
order that the name and other identifying information of a defendant who is convicted of or
guilty or nolo contendere to offenses which involve sexual or physical abuse of a child be
into the Central Registry of Child Abuse and Neglect maintained by the Department of Social
Services. At any time following a report of child abuse or neglect, DSS is authorized to petition
family court for an order directing that a person named as perpetrator be entered into the Central
Registry. DSS must seek such a court order when it finds that there is a preponderance of
evidence that a perpetrator committed sexual abuse. Information on less clear-cut cases where
there is a preponderance of evidence that a child was abused and some evidence that the subject
of the report was the perpetrator may be retained by DSS outside of the Central Registry as a
Category II unfounded report. The subcommittee gave a report of favorable with amendment to
H.3770 which authorizes the Department of Social
Services to establish, in one region of the
state, a child protective services pilot program which allows the Department to divert less serious
child abuse and neglect cases to an assessment track rather than following normal protocol. A
subcommittee amendment provides that the region may include up to three counties. The
subcommittee gave a report of favorable with amendment to concurrent resolution
establish a study committee for the purpose of recommending legislation concerning drug
impaired infants and the treatment methods, commitment procedures, and prosecution of the
mothers of such infants. The subcommittee gave a report of favorable with amendment to
H.3786 which authorizes a judge or magistrate to carry a
concealable weapon anywhere within
the state upon successful completion of a State Law Enforcement Division firearms training
course. The subcommittee amendment lists the judicial positions to which the legislation
The subcommittee gave a report of favorable with amendment to
H.3546 which revises
scheduling for certain mandatory investigations and hearings which must follow the placement
a child in emergency protective custody. The Department of Social Services must conduct a
preliminary investigation within ninety-six (rather than seventy-two) hours from the time a child
was taken into emergency protective custody to determine whether legal custody should be
assumed. A family court probable cause hearing must be conducted within ninety-six (rather
seventy-two) hours of the time when the child was taken into emergency protective custody.
Subcommittee amendments eliminate emergency physical custody and afford DSS more time
where a background check must be performed or a relative is unavailable for an interview. The
subcommittee gave a report of favorable with amendment to
H.3369 which provides that an
individual under the age of twenty-one who purchases or possesses alcohol as an undercover
agent for state or local law enforcement must not be charged with the violation.
The Special Laws Subcommittee gave a report of favorable with amendment to
revises the South Carolina Uniform Securities Act so as to bring the state into conformity with
National Securities Market Improvement Act of 1996 and provide for certain other changes.
The Constitutional Laws Subcommittee gave a report of favorable with amendment to
which allows reasonable attorney fees to be recovered in a contested administrative proceeding
where the state or political subdivision is not the prevailing party. A subcommittee amendment
provides that the procurement panel may award attorney fees if the non-governmental party does
The Criminal Laws Subcommittee gave a favorable report to
H.3408 which increases the pretrial
intervention application fee from fifty dollars to one hundred dollars. Aggregate fees for pretrial
intervention application and participation are raised from three hundred dollars to three hundred
fifty dollars. The subcommittee reported favorably on
S.226 which pertains to first offenses (with
certain exceptions) in magistrate's or municipal court and allows an individual to have his
record expunged even if the conviction occurred prior to effective date of the pertinent code
section, June 1, 1992. The subcommittee gave a favorable report to
S.60 which establishes a
procedure by which a driver's license may be reinstated for an individual whose license has been
revoked for five offenses involving driving under the influence, other than a felony offense. A
circuit court may reinstate an individual's license if that individual: (1) has not been convicted of
an alcohol or drug violation during the previous seven years, (2) has completed successfully an
alcohol or drug treatment program, (3) evinces an overall driving record, character, and habits
which indicates he will operate a vehicle safely. The subcommittee gave a report of favorable
with amendment to H.3094 which makes it a felony to
assault an emergency medical service
provider, firefighter, or home health care provider. A subcommittee amendment provides that an
offense is punishable with a prison term of up to ten years and/or a fine of not less than one
thousand dollars and not more than ten thousand dollars.
LABOR, COMMERCE AND INDUSTRY
The Banking and Consumer Affairs Subcommittee reported favorably on
H.3764 which makes
the following revisions in the laws governing Certified Public Accountants: (1) allows CPAs to
accept commissions, rather than hourly fees, for certain services; (2) allows CPAs to provide
services on a contingent basis; (3) eliminates the four hundred hour auditing requirement for
licensure; (4) eliminates the requirement that a specified amount of the continuing education
required of CPAs be devoted to auditing or accounting subjects; and (5) amends the form of
practice for CPA partnerships or entities so as to conform with national standards for CPAs.
The Insurance Subcommittee gave a report of favorable with amendments to
H.3279, the "Patient
Access to Optometric Primary Eye Care Act." The bill prohibits health insurers who provide
vision care benefits from penalizing or discriminating against a covered individual who seeks
medical eye care or vision care directly from a primary eye care provider on the health plan
panel. Such insurers are prohibited from excluding either optometrists or ophthalmologists from
benefit plans or extending preferential treatment to either type of practitioner within benefit
Such insurers must maintain in their programs a ratio of optometrists to ophthalmologists which
at least equals the ratio of optometrists to ophthalmologists in the county which the insurer
or in the state, as a whole. Insurers may not use penalties, prohibitions, incentives, or
recommendations which influence a covered individual's choice of one type of provider over the
other where both types of provider are qualified to render the needed service.
MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS
The Occupational Regulation and Licensing Boards Subcommittee gave a favorable
recommendation to four bills. S.358 rewrites the practice
act for optometrists to make it
conform to the administrative framework established for all boards and commissions
by LLR. S.359 rewrites the practice act for long term
health care administrators to make it
conform to the same administrative framework. Both S.358
and S.359 were amended by the
subcommittee to correct drafting errors.
H.3563 also received the subcommittee's approval. The
bill rewrites the practice act for funeral
directors and embalmers to make it conform to the administrative framework established for all
boards and commissions administered by LLR. Finally, the subcommittee passed out
joint resolution which approves a regulation promulgated by the Board of Pharmacy. The
proposed regulation will increase the maximum licensure examination application fee that can be
charged by the Board of Pharmacy from $250 to $350. According to the Board, it actually costs
more than $250 per candidate to administer the examination and cover other associated
WAYS AND MEANS
Palmetto Fellows Public Hearing
Background: Pursuant to a Part II proviso in the 1996-97 Appropriation Act, the
Higher Education (CHE) recently submitted proposed regulations to establish procedures for
administration of the Palmetto Fellows Scholarship Program. The administration of the
thus far has generated many questions and concerns from parents, guidance counselors, and
representatives from higher education institutions. The CHE's proposed regulation (
been referred to the House Ways and Means Committee and to the Senate Education Committee.
The Senate Education Committee requested on April l that the CHE withdraw the proposed
regulation in order that more information might be gathered to address the concerns. The 120
day period has been tolled as of April 1.
The Ways and Means Higher Education subcommittee, in conjunction with the Senate
Education Committee, held a public hearing on the Palmetto Fellows Scholarship program.
Discussion was limited to criteria used by the CHE in the selection process for the 1997-98
academic year scholarships. Approximately 30 persons, including parents, guidance counselors,
university representatives, and one student who did not receive a scholarship, expressed
and confusion about the program. Specific concerns included, but were not limited to: confusion
about the purpose of the scholarship, and whether the program was set up to reward the most
academically gifted students - i.e., the CHE rating sheet awards 47% of the total points to
activities, a personal essay, and the counselor's recommendation, and 53% to academics;
concerns about the split in awards between public and private institutions, as is provided by law
(82% public, 18% private) - i.e., recommendations were that the scholarship follow the student;
concerns about what many consider subjective weightings for objective criteria; concerns about
the propriety of the essay as an indicator since it was not written under controlled circumstances
and because of the difficulty of consistently ranking 2,600 essays by 18 reviewers; concerns
whether reviewers were adequately trained for their task, and whether the rating instrument was
properly tested for validity; concerns about adequate notification and information to guidance
counselors regarding the weighting of the criteria; promptness of announcing awards
deadline in October, awards made in March - many institutions had already made their choices
institutional scholarships); concerns that the pool of applicants is too large and the criteria too
broad; suggestion that the amount of the awards be reduced so that more students could be
helped; concerns that rating sheets were either not available or were destroyed - suggestions that
these be maintained as part of the student's records.
The Ways and Means Property Tax subcommittee gave a favorable
amendment(s) to the following bills:
S.343 - This bill provides that property being sold at
auction for delinquent taxes may be sold (in
addition to the currently-allowed courthouse site) at buildings owned or leased by the county
where the property tax records are kept. The subcommittee recommended amending this bill to
provide that the property may be sold at the courthouse or other convenient place within the
county if properly designated and advertised, by legal tender payable in full by cash, cashier's
check, certified check, or money order.
H.3345 - This bill provides a property tax exemption for
not more than two personal motor
vehicles owned or leased by a person who is legally blind. The subcommittee recommended
amending this bill to include an exemption for not more than one personal motor vehicle.
H.3059 - This bill includes seafood processing facilities
within the classification of agricultural
real property for purposes of the property tax. The subcommittee recommended amending this
to read, "Any other provision of law to the contrary notwithstanding, a dockside facility whose
primary use is the landing and processing of seafood is considered agricultural real property."
The subcommittee gave a favorable recommendation to the following bills:
H.3762 - provides that for purposes of equalization and
assessment, a homeowners' association
may designate one or any number of its qualifying tracts or parcels as homeowners' association
property for purposes of special valuation.
S.135 - provisions include that property in which the
occupant has an interest pursuant to an
installment contract for sale with the US Department of Veterans' Affairs, is eligible for the
assessment ratio currently provided to certain legal residences, and is eligible for certain other
property tax exemptions specified in the bill.
H.3551 - provisions include amending the current
of establishing the property tax
exemption; providing that the fair market value for agricultural purposes determined for the 1991
tax year is effective for all subsequent years; authorizes counties, under certain conditions, to use
the procedures provided in the Setoff Debt Collection Act as the initial step in the collection of
delinquent taxes on real or personal property.
H.3553 - provides that when a trustee holds legal title to
dwelling that is the legal residence of
certain beneficiaries, the dwelling may receive a homestead exemption under certain conditions
and the application is effective for as long as the property meets eligibility requirements.
H.3556 - amends current law relating to time limits for
assessment of taxes and fees by deleting
references to determination and assessment of fees due under laws administered by the
Department of Revenue.
H.3545 - repeals current law which states that if a
taxpayer pays property taxes in error, or the
payment is erroneously credited, the treasurer shall credit the amount paid against the actual
liability of the taxpayer for the tax year in question.
H.3468 - provides a property tax exemption for the
dwelling home and a lot owned by a SC
resident who is a recipient of the Medal of Honor or who was a prisoner of war in World War I,
World War II, the Korean Conflict, or the Vietnam Conflict.
H.3380 - requires that in a transaction involving the
transfer of agricultural real property, the
transferor shall provide written notice to the transferee stating that the real property is classified
as "agricultural real property" for the current property tax year, and that the property is subject to
rollback tax if the new owner changes the use of the property or fails to apply to retain its
H.3332 - provides that a boat on which the interest
portion of any indebtedness thereon would be
tax deductible under the Internal Revenue Code as an interest expense on a qualified primary or
secondary residence is also deemed to be a primary or secondary residence for purposes of ad
valorem taxation in this state and is considered real rather than personal property for these
H.3298 - deletes the multiple lot discount provision
allowed for purposes of property tax
valuation when undeveloped acreage is surveyed into subdivision lots, and provides that the
market value for property tax purposes of the lots and residences constructed thereon shall
continue to be their value as undeveloped acreage until the lot is sold, or the residence is
for occupancy, whichever occurs first
The Economic Development subcommittee recommended a favorable report on
H.3595 - amends current law concerning joint municipal
water systems and sources of revenue
available to them
H.3669 - broadens the scope of law authorizing the
issuance of revenue bonds of Clemson
University, relating to the purpose of bonds issued for, among other things, acquiring,
constructing, renovating, and equipping athletic facilities at the University
H.3810 - provides that a parent-teacher organization
affiliated with an educational institution is
exempt from filing a registration statement with the Attorney General, provided none of its
fund-raising activities are carried on by professional solicitors
The subcommittee gave a favorable with amendment recommendation to the following
H.3419 - removes the current $3 million cap on bonds
issued by trustees of SC State University
and provides that the bonds may be used for acquiring, constructing, reconstructing, renovating,
or equipping athletic facilities and for refunding certain previous bonds; amended
of subcommittee is to cap the bond authority of the school at $40 million.
H.3465 - provides a pension of 50% of a state
compensation at the time of his death
to his surviving spouse, children, or parents, when the employee dies a violent death while
performing state duties; amended to clarify language in the bill.
H.3819 - enacts the "Fee in Lieu of Tax Simplification
of 1997," the purpose of which is to
simplify the method for obtaining the fee in lieu of tax benefits while maintaining the county
council approval process. Amendments recommended include (but are not limited to) a
that counties and municipalities may use a portion of the payment in lieu of taxes revenue for
certain purposes relating to infrastructure without the requirement of issuing the special source
revenue bonds or meeting certain current requirements for issuing special source revenue bonds;
amended requirements for inducement or lease agreements; the imposition of a penalty to pay all
amounts of interest and principal which are not otherwise paid by the pledged fee revenue if the
stream of payments from a fee in lieu of tax agreement becomes insufficient to completely
the payments of interest and principal due pursuant to certain debt obligations; provision for
distribution of fee payments for projects not located in a multicounty park.
The Sales and Income Tax subcommittee gave a favorable recommendation on
H.3271 - relating to the imposition of a sales and use tax
or tolls to finance transportation
facilities projects within a county; the bill deletes the requirement that when the sales and use tax
is imposed, the projects must be connected and form a single transportation system.
H.3550 - allows the examination of records, returns, and
reports held by the Department of
Revenue by persons retained on an independent contract basis by the Department to collect
H.3554 - clarifies current law concerning exemptions
sales tax on tangible personal property
purchased pursuant to a contract with the federal government.
H.3557 - eliminates the SC Accommodations Tax
Oversight Committee and devolves its
oversight function on the Department of Revenue.
H.3802 - Allows the disclosure of specific information to
a US Senator from South Carolina, a
US Representative from South Carolina, a constitutional officer from South Carolina, or a
member of the SC General Assembly in connection with a taxpayer's written inquiry for
to the elected official, who has then referred the taxpayer to the SC Department of Revenue for
The subcommittee recommended a favorable report with amendment for
H.3548. This bill relates
to the requirement under current law that a non-resident withholding agent, and a resident
withholding agent who is not required to deposit and pay federal withholding to the Internal
Revenue Service under the provisions of the Internal Revenue Code, must remit certain SC taxes
withheld. Provisions in this bill include deleting the requirement that these agents "make a
when they remit SC taxes withheld under this chapter.
The Personnel and Benefits subcommittee gave a favorable recommendation to
concerns delinquency in payments of entities participating in the state health and dental
plans. The bill provides for withholding of certain state funds payable to the delinquent entity in
amount to satisfy the unpaid obligation. The subcommittee gave a favorable recommendation
with amendment to H.3498, which provides that when
both spouses are employed by state
agencies and earn annual and sick leave, they may transfer such leave to their spouse subject to
certain terms and conditions. The subcommittee recommended an amendment to this bill
requiring the approval of both of the spouses' agency heads for the transfer of leave.
The Revenue Policy subcommittee gave a favorable recommendation with amendment
H.3856. This bill phases out the donor clause from
counties that have a Local Option Sales Tax,
so that after four years there will be no "minimum distribution." The subcommittee
amending the bill to phase-out the 5% donor clause formula, in increments of one and two-thirds
percent per year beginning in 1998-99, and to amend the bill further by providing that any
adding a Local Option Sales Tax after July 1, 1997, is not subject to the donor/recipient
AGRICULTURE, NATURAL RESOURCES, AND ENVIRONMENTAL
H.3845 PROHIBITION ON IMPORTING
This bill prohibits the importation of certain species of marine life without a permit issued by the
Department of Health and Environmental Control.
H.3866 FOX PEN ENCLOSURES Rep.
This bill limits the number of dogs allowed in a fox pen enclosure and limits movement of foxes
from one pen enclosure to another.
H.3868 RABIES VACCINE Rep. Koon
This bill provides that it is lawful for suppliers to sell rabies vaccine and related supplies to a dog
owner without a prescription.
H.3875 SHRIMP TRAWLING LICENSES Rep.
This bill directs the Department of Natural Resources to limit the sale of shrimp trawling
for a two-year period.
H.3876 GROUNDWATER MANAGEMENT ACT
This bill enacts the Groundwater Management Act.
H.3907 SOUTHERN INTERSTATE DAIRY
COMPACT Rep. Sharpe
This bill provides the Governor with the authority to execute an Interstate Dairy Compact with
H.3902 STATE GAME ZONES Rep.
This bill revises and consolidates the State's game zones and amends several provisions of the
code relating to wildlife.
H.3928 TURTLE EXCLUDER DEVICES Rep.
This bill requires the use of turtle excluder devices in channel nets used for taking shrimp.
H.3939 STORM WATER MANAGEMENT Rep.
This bill shifts certain features of the S.C. Storm Water Management and Sediment Reduction
to the S.C. Pollution Control Act.
H.3942 LAND-CLEARING DEBRIS Rep.
This bill states that land-clearing debris may be placed in a landfill of two acres or less.
H.3955 RADIOACTIVE MATERIALS Rep. J.
This bill exempts a business whose primary purpose is laundering material containing
material from certain zoning ordinances if the business is regulated by the Department of Health
and Environmental Control.
H.4016 SPOTTED SEA TROUT Rep.
H.4018 DISPOSAL OF HYPODERMIC SYRINGES
This bill states that a person who uses hypodermic syringes and needles or other sharps,
lancets for home medical purposes, must dispose of these items in a leakproof, puncture proof,
EDUCATION AND PUBLIC WORKS
H.3855 INTEGRATED TEACHING APPROACHES/DRESS
CODE Rep. Davenport
This bill prescribes integrated teaching approaches for certain subjects and requires local school
boards of trustees to adopt a uniform dress code for students.
H.3860 DRIVERS' LICENSES Rep. Beck
This bill requires the applicant for a driver's license to disclose a permanent medical condition.
H.3869 ONE-TIME CAPITAL COST IMPACT FEE
This bill authorizes the board of trustees of a school district to impose a one-time capital cost
impact fee on residences constructed or set up in the district.
H.3884 REMEDIAL FRESHMEN Rep.
This bill prohibits remedial freshmen or remedial transfer students from attending state 4-year
higher education institutions beginning with the fall term of 1998.
H.3885 PROVISIONAL FRESHMAN Rep.
This bill prohibits provisional freshmen or provisional transfer students from attending state
higher education institutions beginning with the fall term of 1998.
H.3890 PUBLIC SCHOOL EMPLOYMENT Rep.
This bill requires all persons applying for employment in a public school or school district to
submit fingerprints for a criminal history check and a background investigation.
H.3923 WEIGHING OF VEHICLES Rep.
This bill provides for certain additional weight tolerances of trucks carrying forest products.
H.3944 ADMISSION TO FOUR YEAR
INSTITUTIONS Rep. Stille
This bill states that only half of the freshmen student applicants to State 4-year institutions who
fall in the lower 50% of their public high school class may be admitted in the fall term of 1998
no such applicant may be admitted in the fall term of 1999 and thereafter.
H.3954 FIVE-YEAR OLDS REQUIRED TO ATTEND
KINDERGARTEN Rep. Hinson
This bill requires five-year old children to attend kindergarten.
H.3961 DRIVING A COMMERCIAL VEHICLE
This bill provides the manner in which a person who has been disqualified from driving a
commercial vehicle for one year or more may be re-examined to obtain a commercial driver's
H.3968 YORK COUNTY TRAFFIC CONTROL
DEVICES Rep. Simrill
This bill states that the York County Legislative Delegation may override a decision of the South
Carolina Department of Transportation concerning the placement of electrically operated
traffic-control signals in York County.
H.3975 RACIAL COMPOSITION OF SPECIALIZED
SCHOOLS Rep. Breeland
This bill provides that the racial composition of the enrollment of certain specialized schools
not differ from the racial composition of the enrollment of the school district as a whole by more
H.3988 PHONICS INSTRUCTION/TEACHER
CERTIFICATION Rep. Tripp
This bill requires the use of systematic phonics instruction in the State's schools and requires the
State Board of Education to revise current teacher certification standards and teacher education
programs within the instructions of higher education that provide coursework in reading
H.3989 EDUCATION RESTORATION ACT Rep.
H.3998 PUBLIC TRANSPORTATION Rep. F.
H.4002 DEPARTMENT OF TRANSPORTATION
PROJECTS Rep. Townsend
This bill requires the Department of Transportation to submit to the House Education and Public
Works Committee and the Senate Transportation Committee a report of all construction and
maintenance projects under construction or proposed for the current or subsequent fiscal year.
H.4019 SCHOOL DISTRICT SIZE Rep.
H.4024 CONCERT BY MARILYN MANSON Rep.
This bill states that no building, property, or facility of the State, any political subdivision of the
State, or any state agency or department, including any state-supported institution of higher
education, shall be used for a concert or performance by Marilyn Manson.
H.4027 MALE DISCIPLINARY PROBLEMS IN
SCHOOL Rep. Moody-Lawrence
This joint resolution directs the Department of Education, in consultation with the Department of
Mental Health, to conduct a study of disciplinary problems of the males in primary and middle
schools and to submit a report on its findings to the House and Senate Education Committees by
January 1, 1999.
S.559 TRAINING/EVALUATION OF EDUCATORS
This bill, the companion bill to H.3725 (Rep. Townsend)
amends current law concerning training,
certification, and evaluation of public educators. This comprehensive bill states an intent to
that school districts implement a comprehensive system for assisting, developing, and evaluating
teachers employed at all contract levels.
H.3833 SUBROGATION OR ASSIGNMENT OF
RIGHTS Rep. Hawkins
This bill relates to the assignment or subrogation rights of the Department of Health and Human
H.3842 ADVISORY SENTENCING GUIDELINES
ACT Rep. Wilkins
This bill enacts the South Carolina Advisory Sentencing Guidelines Act and revises several
sections of the code relating to crime and imprisonment.
H.3843 MOTOR VEHICLE REPAIR FACILITY
This bill requires a motor vehicle repair facility to provide a customer a written estimate and
obtain consent from the customer before service or repair begins.
H.3844 DEPARTMENT OF PUBLIC SAFETY
EMPLOYEES Rep. Bauer
This bill provides that employees of the Department of Public Safety providing services to the
Department of Juvenile Justice must be commissioned as state constables.
H.3848 SECRETARY OF STATE'S OFFICE Rep.
This bill transfers the powers, duties, and responsibilities of the Secretary of State's office to
H.3849 PRISON INMATE WAGES Rep.
This bill requires an amount of money representing child support obligations to be withheld from
H.3851 FALSE REPORT OF ABUSE OR
This bill provides that knowingly making a false report of abuse or neglect is a misdemeanor
H.3853 CHILD AUTOMOBILE SAFETY ACT Rep.
This bill enacts the "Child Automobile Safety Act" and makes it unlawful to leave a child under
the age of 12 unattended in a motor vehicle.
H.3854 REVIEW OF REGULATIONS Rep.
This bill authorizes the General Assembly to amend regulations.
H.3857 INSTITUTIONAL ABUSE AND NEGLECT
This bill provides the Department of Social Services with the authority to investigate allegations
of abuse and neglect occurring in certain health facilities.
H.3861 INVALID MARRIAGE Rep.
This bill provides that a male under the age of 16 and a female under the age of 14 are not
of entering into a valid marriage.
H.3862 YOUTH INDUSTRIES PROGRAM Rep.
This bill establishes the Youth Industries Program within the Department of Juvenile Justice
(D.J.J.) authorizing D.J.J. to contract with private industries to provide certain services.
H.3863 OFFICE SPACE FOR CERTAIN COUNTY
OFFICERS Rep. Witherspoon
This bill requires the governing body of a county to provide office space, furniture, and
for certain county officers.
H.3865 SOUTH CAROLINA GARNISHMENT ACT
This bill provides the right to a writ of garnishment for a person who has recovered judgment in
court against another person.
H.3867 KAYAKING AND CANOEING LIABILITY
IMMUNITY Rep. Kirsh
This bill provides certain persons and sponsors with immunity from liability when an injury or
death results from participation in kayaking or canoeing.
H.3874 TRESPASS AGAINST REAL PROPERTY
This bill exempts an owner or lessee of certain land from criminal and civil liability for trespass
when his entry onto another's land is necessary for improvements or maintenance in certain
H.3881 SOUTH CAROLINA GARNISHMENT ACT
This bill provides the right to a writ of garnishment for a person who has recovered judgment in
court against another person.
H.3883 JURISDICTION OVER COASTAL AREAS
This bill recreates the S.C. Coastal Council and transfers all powers and duties from the Coastal
Division of the Department of Health and Environmental Control to the Coastal Council.
H.3886 CHILD SUPPORT EXPENDITURES Rep.
This bill authorizes the family court to require a parent receiving child support to make an
accounting of the expenditures made from the child support received.
H.3888 ROLLING PAPER Rep. J. Smith
This bill makes it unlawful to supply rolling paper to minors and makes it unlawful for minors to
possess rolling paper.
H.3891 DEED RECORDING FEE Rep.
This bill provides when a deed recording fee is owed by the grantees and clarifies certain
exemptions from the recording fee.
H.3894 THREATS AGAINST DEPARTMENT OF
REVENUE EMPLOYEE Rep. Boan
This bill prohibits the use of force or threats of force against an officer or employee of the
Department of Revenue acting in the course of employment.
H.3905 OFFENDER REGISTRY INFORMATION
This bill states that the information collected for the offender registry is open to public
H.3908 SALE OF PROPERTY BECAUSE OF
DELINQUENT TAXES Rep. Seithel
This bill provides alternative sites to the county courthouse for the sale of property in instances
delinquent taxes and amends other sections of the code related to the sale.
H.3909 RECORDING OF DEEDS Rep.
This bill states that a limited power of attorney must be acknowledged or proven before a deed
can be recorded in this State.
H.3914 DEFINITION OF VIOLENT CRIME Rep.
This bill includes the common law crime of assault and battery of a high and aggravated nature
within the statutory definition of a violent crime.
H.3916 MARINE PRODUCTS Rep. Seithel
This bill prohibits the purchase, barter, or trade of unlawfully taken marine products.
H.3917 SHARES OF A PUBLIC CORPORATION
This bill states that public corporations may include restrictions or conditions that limit the
transfer or receipt of rights, options, or warrants by the owner of a number or percentage of the
outstanding voting shares of the public corporation.
H.3918 IDENTITY EXEMPTION UNDER FOI ACT
This bill exempts from the State's Freedom of Information law the identity of an individual who
makes a good faith complaint alleging a violation of law or a violation of a regulation to a state
H.3920 DISMISSAL OF LOST TRUST
INDICTMENTS Rep. Kennedy
This joint resolution provides that former members of the General Assembly whose "Lost Trust"
indictments were dismissed are deemed to have continuous service in the General Assembly for
the purposes of compensation and benefits through the effective date of the joint resolution.
H.3925 LOBBYIST NAME TAG Rep.
This bill requires a lobbyist to wear a name tag identifying who he represents while in the lobby.
H.3927 LIVE ANIMAL AS A PRIZE Rep.
This bill makes it unlawful to give away a live animal as a prize in a contest or game.
H.3929 PROBATION, PAROLE AND PARDON
SERVICES Rep. Leach
This bill provides that the members of the Board of Probation, Parole and Pardon Services serve
at the will of the Governor.
H.3933 FAMILY COURT JUDGES Rep.
This bill provides that at least one family court judge must be a resident of one of the three
counties with the smallest population in a circuit that is made up of five counties, with the
requirement not applying to incumbents seeking reelection.
H.3934 INITIATIVE PETITION ACT Rep.
This bill provides for the enactment of laws and constitutional amendments by initiative petition.
H.3936 APPORTIONMENT OF PROPERTY Rep.
This bill provides for the apportionment of business and residential property during marriage.
H.3938 CONTROLLED SUBSTANCES Rep.
This bill provides that it is unlawful to administer, distribute, dispense, or deliver a controlled
substance to an individual with the intent to commit certain crimes.
H.3940 TRUTH IN MILITARY CONFINEMENT
ACT Rep. Klauber
This bill states that no early releases may be granted to military personnel serving confinement
pursuant to a special, general, or summary court martial.
H.3956 PUBLIC HOSPITAL ACCOUNTABILITY
ACT Rep. Loftis
This bill prohibits the transfer of a public hospital's assets unless certain disclosure requirements
are met and a majority of the electors in the home county of the hospital approve the transfer.
H.3962 REGULATION OF VIDEO GAMES Rep.
This bill allows counties and municipalities to regulate video games with a free play feature and
impose local license fees on games with a free play feature.
H.3963 CIRCUIT COURT JURY LISTS Rep. D.
This bill provides that circuit court jury lists must be prepared from the names of registered
H.3964 EFFECT OF A PARDON Rep. D.
This bill provides that a person who has been pardoned of a conviction must have his criminal
H.3965 COMMUNITY SUPERVISION Rep. D.
This bill provides a system of community supervision, relates to the Department of Correction's
funding of alcohol and drug rehabilitation centers, and provides for research into programs that
would improve rehabilitative services.
H.3967 FAILURE TO STOP FOR LAW
ENFORCEMENT Rep. Simrill
This bill provides for the forfeiture of a motor vehicle upon a conviction for wilful failure to stop
when signaled by a law enforcement vehicle.
H.3971 AMENDMENTS TO THE PROBATE
This bill amends several sections of the South Carolina Probate Code.
H.3972 FOSTER CARE PLACEMENTS Rep.
This bill prohibits foster care placements with a person who is the parent or guardian of or in
parentis to a child who has been adjudicated delinquent for the commission of any crime or for a
H.3973 SERVING AS A FOSTER PARENT Rep.
This bill states that no person who is acting as a parent, guardian, or who stands in loco parentis
may serve as a foster parent if the person has a child under the jurisdiction of the Department of
H.3974 PLACING A MINOR IN A FOSTER HOME
This bill states that no minor may be placed in a foster home if the minor has been convicted of a
sex offense, unless the placement is in a therapeutic foster home, no other minors are in the
and no other minors will be placed in the home.
H.3979 GUARDIAN AD LITEM MANUAL Rep.
This joint resolution directs the S.C. Court Administration to develop a Guidelines and
Procedures Manual for use by court-appointed guardians ad litem.
H.3980 FAMILY COURT ORDERS Rep.
This bill requires family court judges to write their own orders.
H.3981 CHILD CUSTODY DISPUTES Rep.
This bill provides that the best interests of the child is the guiding principle in resolving child
custody disputes and visitation disputes.
H.3984 GUARDIAN AD LITEM LIABILITY Rep.
This bill expands the immunity from liability for guardians ad litem to include all acts performed
within the scope of the appointment.
H.3986 MUNICIPAL INCORPORATION Rep.
This bill requires an area seeking to be incorporated by a municipality to be contiguous and
provides when an area is deemed to be contiguous.
H.3987 UNDER THE INFLUENCE OF
ALCOHOL/SEAT BELTS Rep. Seithel
This bill states that after July 1, 1998, it must be inferred that a person is under the influence of
alcohol if the person's blood alcohol content is .08. The bill also requires the wearing of helmets
when riding a two-wheeled motorized vehicle and allows a law enforcement officer to stop a
vehicle and issue a citation for failure to wear a seat belt.
H.3990 SELLING ALCOHOL OVER THE
INTERNET Rep. Limehouse
H.3993 TERM LIMITS Rep. Tripp
This bill provides for certain information to be printed on ballots in relation to support or
nonsupport of term limits for federal legislators and provides for a term limits pledge.
H.3994 BREAST FEEDING IN PUBLIC Rep.
This bill states that a woman has a right to breast feed her child in public without harassment,
breast feeding in public may not be considered indecent exposure.
H.3996 GENERAL ASSEMBLY MEETINGS Rep.
This bill states that the General Assembly shall meet on Wednesday, Thursday, and Friday of
week in statewide session.
H.3999 PUBLIC RECORDS Rep. Wilkins
This bill makes substantive changes in the State's Freedom of Information Act.
H.4000 STATE-RUN LOTTERY Rep.
This bill states that a statewide nonbinding referendum must be held on November 4, 1997, to
ascertain as to whether or not there should be a statewide lottery for the purpose of raising funds
for public education.
H.4001 CAUSES OF ACTION IN MAGISTRATE
COURT Rep. Whipper
This bill states that an action seeking damages of $5,000.00 or less must be filed in magistrate
court and contains other provisions related to limitations on liability.
H.4003 CHILD UNATTENDED IN A CAR
Rep. F. Smith
This bill states that it is unlawful to have a child under the age of ten unattended in a motor
vehicle in which the motor is running.
H.4006 LOTTERY FOR CHARITY Rep.
This bill states that a person or organization which conducts a lottery, bingo, raffles, and other
similar activities to raise money for charitable purposes may not be prosecuted under the
provisions of the State's gambling and lottery laws.
H.4010 PRAYER AT PUBLIC ACTIVITIES Rep.
This bill seeks to reaffirm that prayer is permissible at all public activities and events.
H.4022 OUT OF COURT STATEMENTS BY
CHILDREN Rep. Jennings
This bill states that an out-of-court statement made by a child who functions cognitively,
adaptively, or developmentally under the age of twelve at the time of the family court proceeding
concerning an act of abuse or neglect that is not otherwise admissible in evidence is admissible
the family court proceeding if certain requirements are met.
H.4023 PUBLIC NUDITY Rep. Campsen
S.315 WITNESSES AT AN EXECUTION Sen.
This bill revises the number of persons who may witness an execution. In addition to the
executioner and necessary staff, the following persons may be present: two representatives of the
family of a victim for whom a death penalty was imposed; the solicitor, or an assistant solicitor
designated by the solicitor, for the county where the offense occurred; and a group of not more
than five representatives of the South Carolina media. The counsel for the convict and a minister
of the gospel also may be present.
LABOR, COMMERCE AND INDUSTRY
H.3852 STATE SAVINGS BANK Rep. Wilkins
This bill authorizes the creation of a State Savings Bank and provides for its lending authority
H.3887 DRUG AND ALCOHOL TESTING Rep.
This bill authorizes drug and alcohol testing of prospective state employees.
H.3889 EMERGENCY SERVICES ACT Rep.
This bill provides that prospective authorization for treatment in an emergency medical facility is
not required if the attending physician determines that treatment is needed to stabilize the
H.3896 INSURANCE COMPANY REGULATION
This bill is designed to ensure adequate regulation of insurers and reinsurers and adequate
protection for those to whom they owe obligations.
H.3897 RIGHTS AGAINST THE REINSURER Rep.
This bill states that the original insured shall not have any rights against the reinsurer which are
not specifically set forth in the reinsurance contract or other agreement.
H.3898 REDUCTION FROM LIABILITY FOR
REINSURANCE Rep. Kirsh
This bill provides that an asset or a reduction in liability from the reinsurance ceded by a
insurer to an assuming insurer must be allowed in certain situations.
H.3899 RESTRICTIONS AGAINST
COUNTERCLAIMS Rep. Kirsh
This bill deletes the restrictions against counterclaims and deletes the provision that no setoff is
allowed in favor of certain persons.
H.3900 PRIORITY OF DISTRIBUTION Rep.
This bill reorders the priority of distribution of claims from an insurer's estate and provides for a
new class covering the claims of insurers and reinsurer.
H.3906 UNINSURED MOTORIST FUND Rep.
This bill provides for the establishment of an uninsured motorist fund and amends several
of the code related to automobile insurance.
H.3910 MOTOR VEHICLE REPAIR Rep.
This bill prohibits a person repairing motor vehicles from withholding information as to whether
the repairs were made with old or new parts.
H.3915 COPYING MEDICAL RECORDS Rep.
This bill provides that a searching and handling fee may be charged once only when a patient is
gathering information in connection with a claim or legal dispute.
H.3922 REGISTRATION OF PROFESSIONAL
ENGINEER Rep. Fleming
This bill provides the qualifications needed for registration as a Category A professional
H.3924 STATEWIDE CERTIFICATION Rep.
H.3926 INSURANCE AGENTS Rep. Koon
This bill exempts certain insurance agents from compliance with the continuing education
H.3930 SECOND INJURY FUND Rep.
This bill states that the Second Injury Fund shall operate under the Department of Insurance.
H.3945 DRUG PREVENTION PROGRAM Rep.
This bill relates to the merit rating system for worker's compensation insurance and requires the
inclusion of a credit for an insured who participates in a program designed to prevent the use of
drugs on the job.
H.3949 CERTIFIED PUBLIC ACCOUNTANT
RENEWAL Rep. Bowers
This bill grants an extension to a certified public accountant who is out of the country on the date
the his professional license is due to be renewed.
H.3952 UNEMPLOYMENT INSURANCE
ASSESSMENT Rep. Bowers
H.3953 WORKER'S COMPENSATION INSURANCE
ASSESSMENT Rep. Bowers
H.3958 PROPERTY, CASUALTY, AND INLAND
MARINE INSURANCE Rep. Cato
H.3959 REINSURANCE FACILITY Rep.
This bill states that, beginning April 30, 1998, the Board of Governors of the South Carolina
Reinsurance Facility annually must file a pure loss component for private passenger automobile
H.3960 INSURANCE PREMIUM FINANCE
This bill states that an insurer doing business in this State may not require a person to use a
particular insurance premium finance company or other installment plan for which a finance
charge or other fee in connection with an installment payment has been or will be imposed.
H.3966 UNDERGROUND UTILITY Rep.
This bill makes technical changes in the Underground Utility Damage Prevention Act and
the notice of intent to excavate or demolish that must be served.
H.4009 MORTGAGE GUARANTY INSURANCE
S.203 PASSENGER VANS Sen. Giese
This bill provides that passenger vans owned or operated by local chapters of the National
Federation of the Blind of S.C. must be insured for certain minimum automobile insurance
MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS
H.3847 MINIMUM ACREAGE FOR A CEMETERY
This bill provides an exception to the minimum acreage required for a cemetery when the
governing body of a municipality in which the cemetery is to be located passes an ordinance
authorizing a cemetery with less than thirty acres of land.
H.3935 HOSPITAL RATE COMMISSION Rep.
H.3947 USE OF MEDICAL INFORMATION Rep.
This bill prohibits the use of medical information for commercial purposes without the consent
H.3950 HEALTH AWARENESS PROGRAM Rep.
This bill requires the Department of Health and Environmental Control to develop health
awareness programs for public schools.
H.3983 EXAMINER'S REPORT Rep. D.
This bill relates to the determination of a person's capacity to stand trial and provides that the
prosecutor may designate a third examiner for certain examinations.
H.3985 OMNIBUS HEALTH BENEFITS AND
EDUCATION ACT Rep. Seithel
This bill, the Omnibus Health Benefits and Education Act, requires direct access to certain health
care services and minimum stays of hospitalization for certain services.
H.3997 FACILITIES FOR CHEMICALLY
PERSONS Rep. F. Smith
H.4013 COUNTYWIDE TOLL FREE CALLING
This bill states that the Public Service Commission shall require countywide toll free calling to
provided by all telephone utilities operating within a county by December 31, 1997.
H.4017 CLAIMANT AGENCY Rep. Stille
H.4025 RALLY FOR RECREATIONAL VEHICLES
This bill provides for the manner in which and conditions under which a rally for recreational
vehicles may be held.
WAYS AND MEANS
H.3832 SC RETIREMENT SYSTEM SERVICE CREDIT
This bill provides that, insofar as credits which may be established under the S.C. Retirement
System are concerned, military service includes up to two years of enlistment in the senior or
advanced Reserve Officer Training Corps if the member was compensated for this service and
commissioned as a result of this service.
H.3834 REAL PROPERTY SOLD FOR DELINQUENT
TAXES Rep. Harrell
This bill provides that, insofar as redemption of real property sold for delinquent taxes is
concerned, the applicable rate of interest due on the tax sale bid is calculated without proration
(on the whole amount of the delinquent tax sale bid calculated from the date of the sale to the
date of redemption). The bill also corrects a reference in current law to the applicable rate of
H.3846 SALES TAX ON LIVESTOCK TRAILERS
This bill establishes a $300.00 cap on the sales tax imposed on the sale of livestock trailers.
H.3850 TAXES AND SURCHARGES Rep.
This bill amends several sections of the code relating to, among other items, tax returns, the
licensing of gaming machines, sales and use tax exemptions, and private car rental surcharges.
H.3856 LOCAL OPTION SALES TAX Rep. H.
This bill deletes reference to "minimum distribution" in connection with the local option sales
use tax and authorizes the Department of Revenue to distribute unidentified funds to
H.3859 LIMITED LIABILITY COMPANIES Rep.
This bill excludes single-member liability companies and grantor trusts from all state tax liability
certain circumstances and amends other sections of the code related to limited liability
H.3871 EXEMPTIONS FOR AD VALOREM
TAXATION Rep. Stuart
This bill exempts property owned by a county fair association from ad valorem taxation.
H.3872 TAX CREDIT FOR TUITION Rep.
This bill allows a resident individual taxpayer a tax credit of up to $500.00 a student for tuition
and fees paid to a public or private institution of higher learning in this state.
H.3873 SOUTH CAROLINA GAMING AND
ECONOMIC DEVELOPMENT ACT Rep.
This bill enacts the S.C. Gaming and Economic Development Act which provides, among other
things, for the manner in which certain dockside gaming activities may be conducted in this
H.3877 TAX CREDIT FOR TUITION Rep.
This bill allows a tax credit up to $800.00 against state income tax liability for a resident who
tuition on behalf of a dependent.
H.3878 INCOME TAX CREDIT FOR CERTAIN NEW
BUSINESSES Rep. Bowers
This bill allows an income tax credit for certain new businesses in this State for social security
taxes paid on an employee's wages.
H.3879 PROPERTY TAX EXEMPTIONS Rep.
This bill grants a property tax exemption to certain new businesses in this State.
H.3880 UNIFORM FEE FOR PERSONAL PASSENGER
MOTOR VEHICLES Rep. Bowers
This bill replaces the property tax on personal passenger motor vehicles with a uniform fee.
H.3882 INCOME TAX DEDUCTIONS Rep.
This bill allows a tax deduction for the amount of gain not exceeding $500,000.00 reported on
taxpayer's federal income tax return attributable to the sale of real property used in the taxpayer's
trade or business when the proceeds are invested in certain ways.
H.3893 S.C. DEVELOPMENTAL FEE IMPACT
ACT Rep. Harrison
This bill deals with local government planning and establishes procedures for adopting a capital
improvements plan and for passing an ordinance imposing development impact fees.
H.3903 MATERNITY LEAVE Rep.
This bill deletes the requirement that an employee must not be absent from work for more than 2
years for each pregnancy in order to establish service credit in the State retirement system for
H.3904 ASSESSMENT RATIO FOR NEW CLASS OF
PROPERTY Rep. Fleming
This bill establishes a separate class for certain property required to be titled by a state or federal
agency and provides the assessment ratio for this new class of property.
H.3911 RESIDENTIAL PROPERTY
CLASSIFICATION Rep. Seithel
This bill provides for the assessment ratio of a residence under a contract of sale, for which part
the purchase price has been paid and possession taken.
H.3912 DRUG AWARENESS RESISTANCE
EDUCATION FUND Rep. Quinn
This bill establishes the Drug Awareness Resistance Education Fund and provides for a
designation on State income tax forms for a contribution to be made to the fund.
H.3913 EQUITY INVESTMENT SAFEGUARDS
ACT Rep Haskins
This bill concerns the investment of funds of the state retirement systems in equity securities.
H.3919 USE OF INCOME TAX CREDITS Rep.
This bill allows a taxpayer who operates a qualifying distribution facility to use income tax
against other state tax liabilities other than property tax.
H.3921 RECOVERY FROM ESTATES FOR MEDICAL
ASSISTANCE Rep. Felder
This bill establishes conditions for undue hardship under which recovery from estates for
assistance must be waived.
H.3932 TELECOMMUNICATIONS SERVICE Rep.
This bill relates to the imposition of a 5% sales and use tax on local telecommunications
cable television subscriber services, and paging services.
H.3937 DIGITAL ARTS SCHOLARSHIPS Rep.
This bill enacts the Digital Arts Scholarships Program to provide tuition assistance for students
enrolled in digital animation programs at in-state higher education institutions.
H.3941 CHILDHOOD DEVELOPMENT
PROGRAMS Rep. Davenport
This bill revises the provisions of the Early Childhood Development and Academic Assistance
and revises the spending priorities under the Education Finance Act.
H.3948 ASSESSMENT OF CERTAIN MOTOR
VEHICLES Rep. Bowers
This bill provides that private passenger motor vehicles used for noncommercial purposes must
taxed on an assessment equal to 6% of fair market value.
H.3951 STATE INCOME TAX RETURNS Rep.
This bill states that the due date for filing state individual income tax returns in 1998 shall be the
same day and month in the previous year when the Department of Revenue has calculated the
average South Carolinian stopped working to pay taxes at all levels and began working
completely for his own benefit.
H.3969 ASSESSMENT RATIO ON A LEGAL
RESIDENCE Rep. Cotty
This joint resolution proposes an amendment to the State constitution providing for an
ratio of 4% of fair market value on a second residence meeting certain requirements.
H.3970 LICENSE TAX ON COIN-OPERATED
MACHINES Rep. J. Smith
This bill states that certain coin-push type machines are subject to a license tax of $200.00 per
H.3976 TAX ON CATALOG SALES Rep.
This bill relates to the filing of a return for the tax on catalog sales when the tax liability is in
excess of $50.00 for a single sale.
H.3977 RENTAL-OCCUPIED PROPERTY Rep.
This bill provides that residential property which a rental-occupant occupies as his principle
residence qualifies for the 4% assessment ratio.
H.3978 MULTI-UNIT RESIDENTIAL PROPERTY
This bill provides that multi-unit residential property with 4 units or less shall be taxed at the 4%
H.3982 TARGETED JOBS TAX CREDIT Rep.
This bill defines "new job" to include otherwise qualifying jobs filled by leased employees for
purposes of the targeted jobs tax credit.
H.3991 CAPITAL RESERVE FUND Rep.
This joint resolution eliminates "other nonrecurring purposes" from the purposes for which
monies from the capital reserve fund may be appropriated by the General Assembly.
H.3992 VALUATION OF MOTOR VEHICLES Rep.
This bill provides that a vehicles which has qualified for a reduced value because of high
will continue to receive the high mileage deduction without a new application.
H.3995 EXEMPTION FROM BLUE LAWS Rep.
This bill lowers the exemption threshold from $900,000 to $450,000 for the exemption of a
county from the Sunday closing laws based on accommodations tax revenues in the county.
H.4004 OVERTIME PAYMENTS Rep.
This bill states that, effective no later than July 1, 1997, overtime pay for agents and other
employees of the South Carolina Law Enforcement Division may not be calculated according to
the fluctuating workweek method of overtime payments.
H.4005 GOVERNMENT SERVICE FEES AND
CHARGES Rep. H. Brown
This bill provides for the collection of government service fees and charges imposed by counties
by means of liens on the affected real property.
H.4007 PATRIOT'S POINT DEVELOPMENT
AUTHORITY Rep. Harrell
H.4008 BONDED INDEBTEDNESS OF SCHOOL
DISTRICTS Rep. Harrell
H.4012 STATE RETIREMENT SYSTEM/EQUITY
SECURITIES Rep. Bowers
H.4014 IMPACT OF LEGISLATION ON STATE'S
CITIZENS Rep. Bowers
This bill requires the State Budget and Control Board to prepare for every bill and resolution
introduced in the Senate and the House of Representatives a statement of the legislation's impact
upon the citizens of South Carolina.
H.4015 TAXPAYER DISCOUNT Rep.
H.4021 MAXIMUM AMOUNT OF STATE
INSTITUTION BONDS Rep. Boan
H.4026 CONSOLIDATED PROCUREMENT CODE
Rep. H. Brown
This comprehensive bill revises the South Carolina Consolidated Procurement Code.
S.264 PROPERTY TAX ROLLBACK
REIMBURSEMENT Sen. Lander
This bill provides that the State Treasurer must reimburse taxing districts for 90% of the revenue
lost as a result of the residential property tax rollback within 5 working days of the local taxing
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