February 3, 1998
Vol. 15, No. 4
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, February 3, 1998
WEEK IN REVIEW
House floor activity was dominated by the discussion, amendment, and ultimate approval of
H.4399, the "South Carolina Performance and
Accountability Standards for Schools (PASS)
Act" which is intended to create a system of accountability for the state's kindergarten
twelfth grade public education system by equipping students with a strong academic foundation
and providing a clear means of measuring the progress of individual students, schools and school
districts. To provide oversight, the bill creates the Performance and Accountability Standards
for Schools Commission (the Commission), composed of fifteen voting members who serve
four-year terms: two at-large appointments by the Governor; two Senators appointed by the
Senate President Pro Tempore; two House members appointed by the Speaker; four
non-legislative business and industry members appointed one each by the Governor, President
Tempore of the Senate, House Speaker, and State Superintendent of Education; four
non-legislative public education members appointed one each by the Governor, President Pro
Tempore of the Senate, Speaker of the House, and State Superintendent of Education; one
member representing the Council of Presidents/Independent Colleges and Universities appointed
by their chairman. The Commission also includes 3 ex officio non-voting members,
the State Superintendent of Education, the Chair of the State Board of Education (the Board) or
designee, and the Chair of the Commission on Higher Education or designee. The bill creates
the Office of Research and Development to operate within the Commission. This office is
responsible for planning, monitoring, reviewing, and evaluating all aspects of the PASS Act and
the Education Improvement Act, and the Commission will employ an executive director of the
office who will hire staff as necessary to carry out the duties of the office.
The bill directs the Board to adopt specific performance-oriented education standards for math,
English/language arts, science, and social studies for kindergarten through twelfth grade, and
requires a cyclical review of these standards, by academic area, to ensure that they are
maintaining high expectations for learning and teaching.
The bill directs the Board to develop, select, or adapt a statewide assessment program for grades
two through eight; end of course tests for gateway courses in English/language arts,
mathematics, science, and social studies for grades nine through twelve; and an exit exam which
is linked to the adopted standards. Also the Board is directed to develop, select, or adapt a first
and second grade readiness test which is linked to the adopted standards.
The bill requires the State Department of Education (the Department) to provide data -
examining student performance by considering their test scores over time, and broken out for
specific groups within the total student population - from these assessments to the schools and
districts of the State. The schools and districts are responsible to disseminate this information to
parents in a format that will clearly indicate both the school's and the individual student's
performance. The bill requires a review of the assessment after the field test. Other
assessment-related requirements and considerations in the bill include: required
assessment (designed to compare student performance to a nationally representative sample of
similar students known as the norm group) to give an accurate portrayal of student achievement
in relation to other states; a requirement that high schools offer state-funded PSAT or PLAN
tests to each 10th grade student to provide guidance and direction for parents and students as
they plan for postsecondary experiences; a requirement that promotion to the next grade in
grades two through eight be tied to meeting the composite standard established by the Board,
with districts allowed to develop options for retention.
The bill directs that the Commission, working with the Board, establish an annual report card
and its format for elementary, middle, and high schools, and for school districts, and directs what
must be included in the report card and how and when the report card must be distributed. Such
report cards would assign schools letter grades (A, B, C, D or F) to indicate the school's absolute
score in meeting student achievement benchmarks as well as the progress the school has made
towards meeting benchmarks since the last grading period.
The bill also establishes a program for recognizing and rewarding schools with high levels of
absolute and improved performance. Assistance for poorly performing schools is provided in the
bill with different requirements delineated for schools rated "D" and for schools
rated "F." Assistance to these schools includes the creation of a pool of qualified teachers and principals
who will be paid an incentive wage for three year contracts placing them in low-performing
The bill requires that the Commission provide for a comprehensive review of professional
development to include principal leadership development and teacher staff development. The
bill also requires that a subcommittee of the Commission explore alternatives for the
development of an on-going public relations/public awareness campaign and issue a report to the
Commission of the plan by July 1, 1999.
Chapter 6 of Title 59 of the SC Code of Laws, which concerns monitoring
education improvement, is repealed by this bill.
The House amended the bill so as to establish a separate fund, within the state general fund, to be
used to provide financial support for poorly performing schools. The fund may consist of grants,
gifts, public or private donations, in addition to appropriations from the General Assembly. Monies from the fund are to be invested by the State Treasurer. The State Board of Education,
in consultation with the Commission, shall administer and authorize any disbursements from the
The House amended the bill so as to allow a student who attends a school which receives an
for its absolute grade to transfer to any other school in the district. If a district does not contain
any schools receiving better than an "F" for an absolute grade, a student may transfer
to a school
in an adjoining district, if space is available. A student may remain at the school to which he has
transferred until finishing the highest grade level offered at the school. Applicable state and
federal funding per student shall follow the transfer student to the adjoining district.
H.4399 was amended so as to authorize the PASS
Commission to monitor and review the
funding of Education Improvement Act programs.
The House also amended the bill so as to provide that if a school district has adopted a policy
permitting corporal punishment in certain situations, the school district and any of its employees
is immune from any civil or criminal liability as a result of a student being administered corporal
punishment in conformity with the district's policy, absent gross negligence or recklessness.
H.4399, as amended, was read for the third time and
sent to the Senate.
The House read for the third time and sent to the Senate
H.4469 which revises the apprenticeship
programs preceding licensure as a port pilot. For apprentices working towards licensure as a
pilot at ports other than Charleston, the required twenty-foot branch and twenty-five foot branch
are replaced by an initial short branch license and a second branch license, respectively. The
commissioners of pilotage for the ports of Georgetown and Port Royal jointly shall establish in
regulation the tonnage and draft restrictions for each short branch license. Similarly, the
apprenticeship program towards full licensure as a pilot at the port of Charleston is revised such
that an apprentice must obtain in succession an initial short branch license, then a first, second,
third, and fourth branch license before full licensure. The commissioners of pilotage for the port
of Charleston shall establish in regulation the tonnage and draft restrictions for each short branch
license. The bill allows the Commissioners of Pilotage to revise licensing requirements by
regulation and keep pace with the increases in ship size and weight which have been forcing the
General Assembly to periodically revisit the licensing requirements.
The House gave third reading to Joint Resolution S.923
which provides for concurrent state and
federal jurisdiction over the National Advocacy Center, a prosecuting attorney training center in
Columbia which is leased by the United States of America. The State of South Carolina would
reserve concurrent jurisdiction to enforce the criminal and civil laws of this State within the
Center, and would reserve the right to serve criminal or civil process within the facility in
prosecutions or suits for or on account of crimes committed, rights acquired, or obligations
incurred in the State of South Carolina.
The House amended and approved H.3330 which
rewrites the laws governing the licensing and
regulation of geologists to conform to the uniform organizational and administrative framework
for professional and occupational boards. The bill sets forth the powers and duties of the State
Board of Registration for Geologists and includes the requirements to be registered as a
professional geologist. As amended, the bill authorizes the State Board of Registration for
Geologists to promulgate regulations to establish a code of ethics for licensed geologists. As
amended, the bill also reduces the penalty for practicing without a license and knowingly
submitting false information. The bill as introduced proposes fines of up to $50,000 and
imprisonment for up to one year. The amendment adopted by the House establishes fines from
$100 to $500 or imprisonment for not more than three months.
The House amended and gave final reading to H.4358. As amended, the bill allows a licensed
practical nurse (LPN) to practice without the on-site supervision of a registered nurse (RN),
physician, or dentist under the following circumstances: (1) in home or residential settings under
the Medicaid program, or any other home or residential setting, if a registered nurse has
approved the plan of care; (2) in public schools and the Department of Juvenile Justice and
Department of Corrections institutions and facilities if the licensed practical nurse follows the
employer's policies, procedures, and guidelines, and if a registered nurse is available to be called
The House amended and sent to the Senate, Concurrent Resolution
H.4295 which requests the
South Carolina Area Health Consortium (AHEC) to examine the problem of recruitment and
retention of nurses aids in nursing homes and report its findings to the General Assembly by
January 1, 1999.
The House recommitted to the Medical, Military, Public and Municipal Affairs Committee
H.3248 which requires a hospital, nursing home, or other
facility licensed by the Department of
Health and Environmental Control to include and maintain as part of a patient's medical record
any incidence or occurrence report that the hospital, nursing home, or facility makes that
involves or in any way is related to the diagnosis, care, or treatment of a patient.
On Tuesday, the Senate adopted a Sense of the Senate motion that Ron Cobb, informant for the
Operation Lost Trust, be called as a witness by the special subcommittee investigating the matter
investigation is complete. On Wednesday, the Senate gave third reading and sent the House of
Representatives the following bills: S.332, which
prohibits the destruction of a weapon until the results of any
legal proceeding in which it may be involved are finally determined;
S.772, which allows a magistrate to
compel the attendance of any witness residing in the county;
S.779, which deletes the requirement that a
person charged with a violation of a municipal ordinance be tried within seven days;
S.864, which provides
that the Public Service Commission will elect a vice-chairman instead of a secretary; and
increases the penalty for carjacking and provides that carjacking is listed in the code as a violent
crime and a
most serious offense.
On Thursday, the Senate gave third reading to H.3590. This bill, which prohibits the use of artificial lights
from any vehicle or water conveyance for the purpose of observing or harassing wildlife, was
amended in the
Senate. The bill states that an owner of real property or a person with a legal interest in real
property may use
artificial lights from any vehicle or water conveyance for the purpose of surveying or protecting
the property. Furthermore, a person or group engaged in research or documentary filming may observe
wildlife with the use
of artificial lights when done with written permission of the landowner and/or leaseholder of the
person also may use artificial lights to survey or protect the property.
The Senate also gave third reading and sent to the House the following bills:
S.388, which established limits
on black bass taken from Lake Marion and Moultrie and in certain portions of
the Santee River; and S.835, which repeals a code section
which requires a person involved in a hunting
accident to make a report of the accident to the Department of Natural Resources.
HOUSE COMMITTEE ACTION
AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL
The Committee on Agriculture, Natural Resources and Environmental Affairs met Tuesday,
January 27 and
gave a favorable vote to H.3330 with proposed
amendments. The full House amended and approved H.3330
this week (see House Week in Review).
EDUCATION AND PUBLIC WORKS
The full Education and Public Works Committee did not meet this week.
The Judiciary Committee amended and gave a favorable recommendation to
S.220, which provides that a
person is guilty of a nuisance for using a building or other place for the purposes of lewdness,
prostitution, repeated acts of unlawful possession or sale of controlled substances, or continuous
breach of the
peace. Two proposed Constitutional amendments also received favorable recommendations: H.4303, which
deletes the language in the South Carolina Constitution prohibiting marriage between Caucasian
and African-American persons, and H.4401, which
provides the General Assembly with the ability to specifically exclude
by law particular misdemeanors or felonies from the notification provisions in the Crime
Victim's Bill of
Rights. S.923, granting concurrent federal and state
jurisdiction over the National Advocacy Center, and
H.4412, which provides that a person charged with a
magistrate's court or municipal court offense may waive
his appearance before the court and post a bond in an amount previously approved by the court,
given a favorable recommendation by the committee.
LABOR, COMMERCE AND INDUSTRY
The House Labor, Commerce and Industry Committee reported favorably on three bills. The
a favorable report to S.380, which provides the Director
of the Department of Insurance 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
an alternative, S.380 allows the Insurance Department Director to issue an emergency
cease and desist order
against anyone he reasonably believes has engaged in, or is about to engage in, an unauthorized
insurance business. Such emergency orders may be contested in a public hearing before an
judge, who may make an emergency cease and desist order permanent. The administrative law
judge may stay
the enforcement of the emergency order, but a stay may be accompanied by a requirement that
bond be posted. If no request for a public hearing is received within ten days of the receipt of the emergency
cease and desist
order, then, upon application of the Director and without a public hearing, the administrative law
make the emergency order a permanent cease and desist order. Following a public hearing, an
law judge may impose a penalty of up to fifty thousand dollars per violation, if he determines
that the person
engaged in the unauthorized transaction of insurance business knew, or should have known, his
violated the law. A penalty of up to twenty-five thousand dollars per violation may be imposed
by a circuit
court on anyone transacting business in violation of a permanent cease and desist order. The bill
that one who wilfully conducts an unauthorized transaction of insurance business is guilty of a
than a misdemeanor.
This Committee gave a favorable report to S.204 which
raises from twenty to thirty the number of days within
which an insurance broker must file a written request with the Department of Insurance for
approval of placing
insurance with a surplus lines insurer. Under the bill, the broker must still file the request for
approval by the
effective date of the policy, if the effective date falls before the thirty-day period has elapsed. Surplus lines
insurance encompasses certain group and self-insured's life, accident, and health insurance
coverage which a
licensed insurance broker places with an insurer not licensed to do business in the state.
The Committee also gave a favorable report to H.4469
which received third reading from the full House and
was sent to the Senate (see House Week in Review this issue).
MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS
The Committee on Medical, Military, Public and Municipal Affairs met on Tuesday, January 27,
H.4295 a favorable vote with proposed amendments. The full House approved the H.4295 this week (see
House Week in Review).
The Committee also gave a favorable recommendation to H.
4063. This bill clarifies and updates the laws
governing the South Carolina Mental Health Commission and community mental health centers.
includes a provision stating that any person who cannot afford to pay for necessary treatment at
customarily charged in available private practice is eligible to receive services from the
H.3617 was given a report of favorable with
amendments. This bill makes it a felony to clone or conspire to
clone a human being by any method. Violators are subject to fines of up to $5000 or
imprisonment for up to
five years or both. Amendments are proposed to H.3617 to (1) delete the requirement
for DHEC to promulgate
regulations and take all other necessary actions to carry out this proposal and (2) to specifically
use of state funds to clone a human being.
The Committee gave a report of favorable with amendments to
H.4358 which the house amended and
approved this week (see House Week in Review).
WAYS AND MEANS
The Ways and Means Committee gave a favorable report with amendments to the Legislative
Future Excellence (LIFE) Scholarship bill. The Committee reported the bill out as a
bill, H.4535. The committee bill provides $2,000 per
year for full-time attendance at four year colleges and
$1,000 per year for full-time attendance at two year colleges to students who meet specified
(minimum grade point average and SAT score) and residence requirements. The scholarship can
after the student's freshman year in college for a student attending a four-year institution who did
not meet the
SAT requirement if the student earns a 3.0 grade point average on a 4.0 scale after one year in
student will lose the scholarship if he or she does not maintain a 3.0 grade point average, but the
may be reinstated after one year if the student's grade point average improves to a cumulative
must also pass thirty credit hours each year to maintain the scholarship. By the year 2000,
from high school must comply with the curriculum requirements of the *STAR diploma
or technical preparation track as prescribed by the State Board of Education) to be eligible for
AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL
H.4530 ENVIRONMENTAL AUDIT PRIVILEGE
An environmental audit is a voluntary, internal evaluation of a facility or activity of a facility
environmental law, which is designed to identify and prevent environmental compliance
reports are protected from discovery and from being admissible as evidence in a legal action
privilege is waived, or an administrative law judge or a court in a criminal proceeding
revoking the privilege is justified by law. This bill allows an administrative judge or a court in a
proceeding to revoke the privilege if the audit report shows a violation of an existing permit
provision or if the
audit report is required under the permit provisions as a condition of the issuance and continued
The bill allows a judge in a criminal proceeding to revoke the privilege if the court determines
that the audit
report or other associated materials show evidence of wilful noncompliance with, reckless
disregard of, or
grossly negligent disregard of applicable environmental laws.
State law provides limited immunity for persons making voluntary disclosure of an
violation. This bill states that if a person or entity has been found guilty of a permit violation or
prosecuted for an environmental violation, the disclosure is not voluntary.
H.4504 HUNTING MIGRATORY WATERFOWL ON
THE SALUDA LAKE Rep. Rice
This bill makes it a misdemeanor to hunt migratory waterfowl on lake Saluda in Greenville and
Counties within two hundred yards of a dwelling unless written permission is given by the owner
occupant of the dwelling. Violators are subject to fines of up two hundred dollars or
imprisonment for up to
EDUCATION AND PUBLIC WORKS
H.4500 WILLIAMSBURG TECHNICAL COLLEGE
This bill codifies a previously uncodified act establishing the Williamsburg Technical,
Vocational and Adult
Education Center Commission, its composition, powers and responsibilities. The bill also
changes the name
of the governing bodies and updates other provisions relating to various other South Carolina
colleges so as to reflect the revised names of the institutions administered by these boards.
H.4505 LOAD LENGTH ON CERTAIN POLE
TRAILERS OR POLE CARRIERS Rep. Gamble
This bill includes flat-bed trailers within those vehicles which are exempt from limitations of
and load when transporting poles. The bill also adds iron and steel articles as materials which
transported by these exempt vehicles.
H.4506 DEALER AND WHOLESALER LICENSE
PLATES Rep. Meacham
This bill adds language to the SC Code of Laws, providing that a recreational vehicle
dealer and a motor home
dealer may be issued one dealer license plate for the first five vehicles sold during the
preceding year. Current law provides that "a dealer may be issued two plates for the first twenty vehicles
sold during the
preceding year and one additional plate for each fifteen vehicles sold beyond the initial twenty
preceding year." These recreational vehicle and motor home dealer plates would be subject
to current statutory
restrictions on use of dealer and wholesaler plates; specifically, that the plates may be used
motor vehicles owned by, assigned, or loaned for test driving purposes to the dealer when
operated on the
highways of this State by the dealer, its corporate officers, its employees, or a prospective
purchaser of the
H.4524 HANDICAPPED LICENSE PLATES Rep.
This bill provides for the issuance of special license plates, for a biennial fee of thirty dollars, to
show proof that they meet the definition of "handicapped" under Section 56-3-1950
of the SC Code of Laws.
CERTIFICATION SERVICES Rep. Kennedy
This bill requires that the State Department of Education perform teacher and administrator
services without charge, and specifies what these certification services include.
H.4529 WAITING LINES AT DEPARTMENT OF
PUBLIC SAFETY Rep. Harvin
This bill provides that a person who waits in line at the Department of Public Safety for more
than ten minutes
to receive a driver's license to which he is entitled must be issued the license without charge.
H.4534 EXEMPTIONS FROM CHILD PASSENGER
RESTRAINT SYSTEMS Rep. Klauber
This bill removes taxi drivers from specified persons and vehicles which are exempt from
requirements for child passenger restraint.
H.4544 NOTICE OF DRIVER'S LICENSE
SUSPENSION Rep. D. Smith
This bill revises the method of notice required to be served upon a person whose driver's license
suspended. The bill removes the current requirement that the notice be mailed "return
H.4552 OPERATION OF ALL TERRAIN
VEHICLES Rep. Townsend
This bill provides that it is unlawful for a person under thirteen years of age to operate an all
(ATV), and provides that a person thirteen years of age or over who does not possess a driver's
operate an ATV after successfully completing an ATV written test and road test administered by
Department of Public Safety.
H.4498 LAW ENFORCEMENT OFFICERS' BILL OF
RIGHTS Rep. Cromer
This bill concerns the rights of a law enforcement officer who is under investigation that could
disciplinary action. The officer must be notified of the nature of the investigation before being
interviewed. At the conclusion of the investigation, the person in charge of the investigation must inform the
writing of the investigative findings and any recommendation for disciplinary action. When a
enforcement officer is subjected to questioning that could lead to disciplinary action, the
questioning must be
conducted at a reasonable hour and all questions must be asked by a single investigator. The officer is
entitled to a hearing on the issues by a hearing officer or board before the imposition of any
A law enforcement officer who is brought before a disciplinary hearing board must be provided
access to all
records pertinent to the case that contain exculpatory information and which are intended to
disciplinary action. The prosecutor's burden of persuasion is by clear and convincing evidence
as to each
charge involving false representation, fraud, dishonesty, deceit, or criminal behavior and by a
of the evidence as to all other charges.
If the law enforcement officer is found not guilty of the disciplinary violations, the matter is
concluded and no
disciplinary action may be taken. If the law enforcement officer is found guilty, the hearing
officer or board
must make a written recommendation of a penalty. The sentencing authority may not impose a
than the penalty recommended by the hearing officer or board. An officer may appeal
from a final decision of
a law enforcement agency to the circuit court
H.4508 LICENSING UNDER THE ADMINISTRATIVE
PROCEDURES ACT Rep. Davenport
This bill concerns licensing under the Administrative Procedures Act. Several professionals and
are required to be licensed before they may operate in the state. This bill states that a licensee
afforded a reasonable opportunity to show compliance before a state agency attempts to suspend
or revoke a
license. A prevailing party may recover attorney's fees against a state licensing board which
suspends a license without affording the licensee a reasonable opportunity to show compliance. The bill also
states that a licensing board must have a good faith belief that a person is in violation of law
before it orders
the person immediately to cease and desist from engaging in the conduct. A board member or
the Director of
the Department of Labor, Licensing, and Regulation or another employee of the department may
be held liable
for damages resulting from a bad faith, negligent, reckless, or otherwise wrongful temporary
or other equitable remedy.
H.4513 TRANSACTION SUBJECT TO
MANUFACTURED TENANCY HOME PARK ACT Rep. Carnell
This bill states that the circuit courts and magistrate courts will exercise concurrent jurisdiction
with respect to
any claim arising from a transaction under the South Carolina Home Park Tenancy Act. The bill
for the designation of agents for service of process for out-of-state landlords. The landlord may
agent upon whom service of process may be made; if no designation is made, process may be
served upon the
Secretary of State.
H.4525 POSSESSION OR PURCHASE OF
CIGARETTES BY MINORS Rep. Fleming
This bill states that it is unlawful for a person under 18 years of age to purchase or knowingly
cigarettes. Possession is prima facie evidence that it was knowingly possessed. A person
section must have his driver's license suspended.
H.4533 SKATEBOARDS, IN-LINE SKATES, &
BICYCLES Rep. Townsend
Under the provisions of this bill, the owner of real property or a tenant is granted immunity from
ordinary negligence resulting in the injury to the operator of a skateboard, in-line skates, or a
occurs on the owner's or tenant's private or public property.
H.4547 ALCOHOL AND BEVERAGE CONTROL ACT
LICENSES Rep. Felder
This bill states that licenses and permits for the sale of beer and wine may only be issued to the
person who is
the true owner of the business seeking the permit or license. Persons must be of good moral
(meaning no conviction of a felony, or a misdemeanor that has a possible sentence of five or
more years) to
hold a license for the sale of beer and wine.
The Department of Revenue may not issue a license to an individual under 21 years of age.
S.332 CONFISCATED WEAPONS Sen.
A person convicted of a crime must have any weapon used in the commission of the crime
confiscated. Current law gives the law enforcement agency which receives the weapon the option to transfer
it to the
county clerk of court or to the mayor, who sells the weapon to the highest bidder at a public
deposits the proceeds in the general fund of the county or the city treasury.
This bill repeals the code section which provides for the sale of the weapon by the mayor or the
clerk of court. A law enforcement agency that receives the confiscated weapon may use it, destroy it, transfer it
law enforcement agency, or trade it with a retail dealer
licensed to sell pistols in this State for a pistol or other equipment approved by the agency.
The bill also states that a weapon must not be disposed of in any manner until the results of any
proceeding in which it may be involved are finally determined.
S.772 WITNESS ATTENDANCE IN COURT
Current law provides that a magistrate may compel the attendance of a witness who resides not
more than 20
miles from the magistrate's location. This bill allows a magistrate to compel the attendance of
residing in the county. The bill also allows a magistrate to impose a sentence of imprisonment
up to thirty
days if a witness fails to attend or refuses to give evidence without good cause shown.
S.779 TRIAL OF PERSONS CHARGED WITH
MUNICIPAL ORDINANCES Sen. Holland
This bill concerns the trial of persons charged with violations of municipal law and ordinances. State law
currently requires the trial to be held within seven days of arrest. This bill deletes the
requirement that the
trial be held within seven days.
S.866 PENALTY FOR CARJACKING Sen.
This bill adds carjacking to the list of violent crimes and to the list of most serious offenses in
code. Currently a person convicted of carjacking may be imprisoned for up to 15 years, or, if
injury results, for up to 25 years. This bill increases those maximum penalties by 5 years.
LABOR, COMMERCE AND INDUSTRY
H.4503 "ASSISTIVE TECHNOLOGY
WARRANTY ACT" Rep. Felder
This bill provides for the manner in which assistive technology devices (wheelchairs, prosthetics,
voice synthesizers, braille printers, etc.) shall be marketed, repaired maintained, and replaced, if
bill provides that a manufacturer who, directly or indirectly, sells an assistive technology device
the consumer with a written warranty that is at least one year in duration, and which, at
that there are no defects in parts or performance. In the absence of an express written warranty,
technology device shall be considered to have been expressly warranted by the manufacturer just
as if the
manufacturer had explicitly furnished the warranty as specified in the legislation.
H.4507 CONTRACTORS RETURNING TO WORK IN
SOUTH CAROLINA Rep. Davenport
This bill provides that a licensed contractor who leaves the state with unpaid debts and
subsequently returns to
the state to become licensed again or to do business under an unexpired S.C. license, must file
with the State
Licensing Board for Contractors a signed, notarized statement listing all outstanding debts
doing business in this state as well as all bankruptcies from any time and place.
H.4510 BUYER'S PREMIUMS AT AUCTIONS Rep.
This bill pertains to auctions which make use of a buyer's premium, i.e. a surcharge added to the
bid price of
an item and paid by the buyer at an auction. The bill provides that when a buyer's premium is
used at an
auction, the auctioneer is required to display placards of specified dimensions informing the
bidders of the
percentage of the surcharge that will be used. An individual who fails to provide such
notification is guilty of
a misdemeanor and is subject to a fine of not more than five hundred dollars or imprisonment for
than thirty days.
S.864 VICE-CHAIRMAN OF PUBLIC SERVICE
COMMISSION Sen. Holland
This bill provides that the Public Service Commission shall elect one of its members as a
than a secretary.
H.4543 MAXIMUM AMOUNTS OF BANK LOANS
This bill brings the state law which sets the maximum amounts of bank loans into conformity
with federal law
by setting the maximum amounts as percentages of the bank's "unimpaired capital." "Unimpaired capital" is
H.4546 ATHLETIC COMMISSIONS Rep.
This bill brings laws pertaining to the State Athletic Commission and the licensure and
combative sports into conformity with the uniform statutory organizational framework
professional and occupational boards and commissions. The bill also re-establishes county
commission boards within each of the state's judicial circuits. The five members of each board
by the legislative delegation representing the judicial circuit.
MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS
H.4502 CERTIFICATE OF NEED PROCESS Rep.
Health care facilities must apply for a Certificate of Need from the Department of Health and
Control (DHEC) before constructing a new facility or modifying an existing facility and before
expenditure or acquisition is made on behalf of a health care facility in excess of amounts
DHEC regulations. This bill requires that a health care facility obtain a Certificate of Need
an outpatient methadone treatment facility. Methadone facilities provide treatment for persons
dependant or addicted to heroin or other morphine-like drugs.
H.4523 CERTIFICATE OF NEED PROCESS Rep.
This bill amends the statutory definition of a health care facility to exclude kidney
disease treatment centers,
free-standing hemodialysis and renal dialysis centers, and dialysis machines from the Certificate
H.4512 ATTORNEYS AT THE DEPARTMENT OF
SOCIAL SERVICES Rep. Davenport
This bill gives the Director of the State Department of Social Services (DSS) the authority to hire
and fire all
attorneys working with the department including attorneys working with the state office, a
regional office, or
any county DSS office. The bill places all attorneys employed by the DSS under the direct
supervision of the general counsel for DSS.
H.4541 UNIFORM ANATOMICAL GIFT ACT Rep.
This bill amends the Uniform Anatomical Gift Act, which provides for organ donations made for
transplantation purposes. The bill defines an organ procurement organization as the agency or
designated by the Health Care Financing Administration as the organ procurement agency for
the State. The
bill states that if an organ donor does not name a specific donee, the organ must be donated to
the state organ
The bill allows the organ procurement organization to enter into reciprocal agreements to share
qualified organ procurement organizations in other states. The proposed agreement must be
approved by the
United Network for Organ Sharing or its successor.
Unless otherwise provided for by a reciprocal agreement, the organ procurement organization
may transfer an
organ to an out-of-state recipient for transplantation once if a suitable recipient in South Carolina
found in a reasonable amount of time.
H.4542 PROCEDURES FOR ORGAN DONATION
This bill deletes, revises, and rewrites several provisions relating to organ donations. The
Organ, Tissue, and Eye Donation is created to ensure that hospitals comply with federal and state
concerning notification of the Donor Referral Network of potential organ, tissue, and eye donors.
The bill amends the manner in which a body or body parts may be donated by adding a provision
waives family consent to a donation if sufficient documentation such as a driver's license, living
of attorney, or other document has been executed by the donor. A provision is added that
enforcement officers, coroners, and emergency personnel responding to the scene of an accident
or trauma to
take reasonable steps to ensure that any evidence acknowledging that a person is a donor
person to the hospital.
WAYS AND MEANS
H.4499 ELIGIBILITY FOR IN-STATE TUITION
RATES Rep. Boan
This bill provides that persons residing in North Carolina and Georgia counties contiguous to
are eligible for in-state tuition when enrolling in a technical or two-year college located in a
county with a
common boundary with one of these states, if public colleges in the county in which the person
reciprocal in-state tuition agreements with the South Carolina technical or two-year college at
person seeks to enroll.
This bill also allows an independent nonresident person who has full-time employment in South
Carolina to be
considered eligible for in-state rates while employed on a full-time basis in South Carolina. Also, the bill
allows independent nonresident persons who are foreign nationals employed by companies
assigned them to full-time employment in operations managed by the company in South
Carolina, and their
dependents, to be eligible for in-state tuition rates while they are employed with the company on
basis in South Carolina.
H.4501 OPTIONAL RETIREMENT FOR HIGHER
EDUCATION FACULTY Rep. Boan
This bill allows eligible faculty and administration of technical colleges to participate in the
retirement program currently provided for faculty and administration of publicly-supported
four-year and post-graduate institutions of higher learning.
H.4509 EMERGENCY MEDICAL CARE Rep.
This bill prohibits the disbursal of state funds, including state Medicaid funds, to any hospital or
facility providing emergency medical service if the hospital or health care facility refuses to
treatment to a person who is in need of medical care for an emergency medical condition.
H.4511 CRITERIA FOR PALMETTO FELLOWS
SCHOLARSHIP AWARDS Rep. Davenport
This bill provides that class standing or rank shall not be a criteria in awarding Palmetto Fellows
H.4522 BINGO GAMES Rep. Bowers
This bill allows radio and television stations located in South Carolina to apply for a promoter's
contract with licensed nonprofit organizations to conduct and broadcast bingo games, in
provisions of the Bingo Tax Act of 1996. The bill provides that these radio and television
stations that do not
obtain a promoter's license may contract with licensed promoters to conduct and broadcast
accordance with provisions of the Bingo Tax Act. Also, the bill allows radio and television
contracting with a licensed nonprofit organization or a licensed promoter, to generate additional
the station by purchasing bingo cards and supplies and distributing them free, or for a price, to
entities who purchase advertising time from the station.
H.4526 ADMISSIONS TAX Rep. Kelley
This bill provides that the admissions license tax does not apply to any amount of the charge for
that is a fee or tax imposed by a political subdivision of the State.
H.4527 SCHOOL BOND REFERENDUMS Rep.
This bill provides that proceeds of capital improvement bonds issued for school building or
identify a specific project or projects in the issue placed on the ballot must be used solely for that
projects. Any school district which fails to comply with this provision will forfeit its annual
Act allocation until it does comply.
H.4531 DELINQUENT TAX SALES Rep.
This bill requires that the successful bidder at a delinquent property tax sale shall pay, on the day
of the sale,
the amount of unpaid property taxes, assessments, penalties, costs, and taxes levied for the year
in which the
redemption period (a statutory time period during which a defaulted mortgage, land contract,
deed of trust, etc.
can be redeemed) begins. The bill provides that the balance of the bid amount is due when the
period expires and before execution and delivery of the tax title (as provided under current law). Current law
provides that the full amount of the bid must be paid on the day of the sale. The bill also allows
taxpayer to pay interest only on the amount actually remitted by the successful bidder on the date
of the sale. Current law requires that the defaulting taxpayer must pay interest on the whole amount of the
sale bid. The bill further requires that, in the event of redemption of the real estate to the
the purchaser is to be refunded the payment he was required to make. Current law requires that
must be refunded the purchase price plus eight percent. The bill also requires that the successful
required to pay the balance of the delinquent tax bid amount before he may receive the tax deed.
H.4545 VIDEO POKER REFERENDUM Rep.
This joint resolution provides for a nonbinding referendum at the time of the 1998 general
determine the wishes of the voters of South Carolina as to whether video poker payouts should
be allowed to
continue subject to strict regulation and heavy taxation.
H.4548 UNEMPLOYMENT COMPENSATION
FUND Rep. Haskins
This bill adds a section to the SC Code of Laws providing for the applicable contribution
rates with respect to
the computation of the statewide reserve ratio for employer contributions to the State
Compensation Fund for the period January 1, 1998 through December 31, 1998.
H.4549 STATE VETERANS' NURSING HOME
FACILITY Rep. Allison
This bill directs the SC Department of Mental Health to develop and submit to the General
January 1, 1999, a proposal for the construction of a state veterans' nursing home. The proposal
the resources needed to purchase and acquire land for the site, the number of beds, the site
location, the cost of
construction, furnishing, and operating the facility, and possible sources of funds.
H.4553 BUSINESS LICENSE TAX Rep.
This bill allows a county or municipality to impose by ordinance a fee in lieu of a business
license tax on the
gross income of a business operating within the county or municipality.
H.4554 VIDEO GAMES WITH A FREE PLAY
FEATURE Rep. Meacham
This bill adds a section to the SC Code of Laws, providing that a municipality, by
ordinance, may prohibit the
location within the municipality of certain video games with a free play feature. The bill also
enforcement of such a prohibition.
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