February 10, 1998
Vol. 15, No. 5
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
Return to the LPITS HOME PAGE - Last Updated:
Tuesday, June 30, 2009 at 3:27 P.M.
Legislative Update, February 10, 1998
WEEK IN REVIEW
The House amended and sent to the Senate H.4535, the
Legislative Incentives for Future
Excellence (LIFE) Scholarship bill. The bill provides $2,000 per year for full-time attendance at
South Carolina four-year colleges and $1,000 per year for full-time attendance at the state's
two-year colleges to students who meet specified academic and residency requirements. To be
eligible for LIFE Scholarship, a student must graduate high school with at least a 3.0 grade point
average (on a 4.0 scale) and a minimum score of 1000 on the Scholastic Aptitude Test (SAT), or
an equivalent score on the ACT beginning with the 1998-99 school year. The minimum
SAT/ACT score requirement does not apply to scholarships to two-year institutions of higher
learning, including technical schools. The minimum SAT/ACT score requirement will be raised
to 1050 beginning school year 2000-2001, and 1100 beginning school year 2002-2003. By the
year 2000, students graduating from high school must comply with the curriculum requirements
of the *STAR diploma (*college preparation or technical preparation track as prescribed by the
State Board of Education) to be eligible for the LIFE scholarship. A student who does not meet
the SAT requirement as a graduating high school senior may earn the scholarship after his
freshman year in a four-year institution of higher learning, if the student earns a 3.0 grade point
average on a 4.0. scale. The student will lose the scholarship if he does not maintain a 3.0 grade
point average, but the scholarship may be reinstated after one year if the student's grade point
average improves to a cumulative 3.0. Students must also pass thirty credit hours each year to
maintain the scholarship. Scholarships may only be used at institutions of higher learning in the
state which meet certain criteria, usually accreditation from the Southern Association of Colleges
and Schools (SACS).
The House amended the bill so as to include Bob Jones University as an institution which may
receive LIFE Scholarship funds. Before the amendment, Bob Jones University was not an
eligible institution insofar as it does not obtain accreditation from the Southern Association of
Colleges and Schools (SACS).
One amendment provides for special review by the Commission on Higher Education and
possible waiving of certain requirements in the case of applicants for a LIFE Scholarship who
are enrolled at the SC School for the Deaf and Blind or the Wil Lou Gray Opportunity School.
Under the bill as introduced, an individual is ineligible for the LIFE Scholarship if he has been
convicted, adjudicated delinquent, or plead nolo contendere to a felony; an amendment
by the House expands the language to include any drug-related offenses.
An amendment requires all institutions participating in the LIFE Scholarship Program to report
their enrollment and other relevant data as solicited by the Commission on Higher Education,
which may audit the institutions to ensure compliance with the program.
H.4535 was given third reading and sent to the Senate.
The House debated, amended, and ordered cloture on the discussion of
H.4115 which prohibits
the state of South Carolina and its political subdivisions from using race, sex, color, ethnicity, or
national origin as a criterion for either discriminating against or granting preferential treatment to
any individual or group in the state's system of public employment, education, or contracting.
The House gave second reading to Joint Resolution
H.4303 which proposes amending the South
Carolina Constitution by removing the prohibition on the marriage of a white person with a
negro, mulatto, or person with at least one-eighth negro blood. The prohibition on interracial
marriages is contained in the state constitution, but, currently carries no force of law insofar as it
has been held to violate the United States Constitution.
The House approved concurrent resolution H.4576
declaring February 8, an annual honorary day
for acknowledging the courage of the three young men slain in the Orangeburg Massacre of
In a special presentation on Wednesday, February 4, the House received a rare South Carolina
Civil War flag from South Carolina resident, and stage, screen, and television actor, Tom
The House approved Joint Resolution S.928 which
proposes amending the South Carolina
Constitution by allowing the General Assembly to specify which crimes and crime victims
prompt the notification and other requirements guaranteed under the state constitution's Victim's
Bill of Rights. The proposed constitutional amendment will be placed before the state's voters at
the next general election.
The House approved and enrolled for ratification 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 injunction. As 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
transaction of insurance business. Such emergency orders may be contested in a public hearing
before an administrative law 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 judge must
make the emergency order a permanent cease and desist order. Following a public hearing, an
administrative 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 actions 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 also provides that one who wilfully
conducts an unauthorized transaction of insurance business is guilty of a felony rather than a
This approved and enrolled for ratification 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 House agreed to Senate amendments to H.3590 and
ordered the bill enrolled for ratification. This bill prohibits the use of artificial lights from any vehicle or water conveyance for the
purpose of observing or harassing wildlife. 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 property. A
person also may use artificial lights to survey or protect the property.
The House agreed to Senate amendments to H.4466 and
ordered the bill enrolled for ratification. The bill updates the version of the Internal Revenue Code cited for use in taxation.
The House refused to concur in Senate amendments to
H.3605 which allows a county treasurer
to enforce collection of a check that is returned unpaid or is dishonored for the payment of
county or municipal taxes, so long as no person is twice put in jeopardy for the same offense;
provides that county or municipal taxes which remain unpaid as a result of a check being
dishonored or returned unpaid constitute a lien on the property subject to the tax until the taxes
and all penalties, interest and other charges due are paid in full. The House appointed members
to a conference committee to resolve the differences of the two bodies.
The House amended and returned to the Senate S.220,
which provides that a person is guilty of a
nuisance for using a building or other place for the purposes of lewdness, assignation,
prostitution, repeated acts of unlawful possession or sale of controlled substances, or continuous
breach of the peace.
The House amended and sent to the Senate H.3617
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. The House amended the bill to specifically prohibit
the use of state funds to clone a human being, and to provide for the suspension of any
state-issued professional or occupational licenses held by violates the prohibition on cloning.
The House sent to the Senate 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
The House sent to the Senate H.4063 which clarifies
and updates the laws governing the South
Carolina Mental Health Commission and community mental health centers. The bill includes a
provision stating that any person who cannot afford to pay for necessary treatment at the rate
customarily charged in available private practice is eligible to receive services from the
community mental health clinic.
The Senate gave final reading to S.290 and sent the bill to
the House. This legislation concerns the way
property confiscated pursuant to the seizure of controlled substances must be allocated (see Bill
- Judiciary Committee). The Senate also gave final reading to
S.621. This bill states that a motor vehicle
over 30 years old and used for general transportation may bear the license plate of the vehicle's
instead of its current registration plate, if the current registration plate is maintained within the
and produced upon request of a law enforcement officer. The Senate passed
H.4469, which directs the
commissioners of pilotage to establish certain short branch license requirements and which
revises the levels
which an apprentice must obtain before being licensed in the port of Charleston. The bill has
been enrolled for
ratification. S.477 received second reading on Thursday
and third reading on Friday; this bill allows a credit
for retirement income if the contributions were taxable income in another state. The Senate sent
S.898 to the
House. This concurrent resolution requests the establishment of a procedure for transmitting to
Commissioner any unpublished federal opinion decided in the district which invalidates or
interpretation of a South Carolina statute, act, code section, or resolution.
HOUSE COMMITTEE ACTION
AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL
The Committee on Agriculture, Natural Resources and Environmental Affairs Committee did not
EDUCATION AND PUBLIC WORKS
The full Education and Public Works Committee did not meet.
The House Judiciary Committee amended and passed
H.3842, which extends the provisions of Truth in
Sentencing to all crimes and establishes advisory sentencing guidelines for crimes with
maximum penalties of
one year or more. The bill states that the court should consider the guidelines when determining
appropriate sentence for applicable criminal offenses.
The advisory sentencing guidelines use a two-dimensional grid to determine the appropriate
offenders. The offense with the greatest possible maximum penalty is used to select the
severity level on the grid. The current conviction score and the prior record score are combined
to create the
appropriate vertical level on the grid. The appropriate sentencing grid cell is then selected based
intersection of these two levels. Within each grid cell, there are three sentencing ranges - the
range (for cases with no extraordinary circumstances), the aggravating range (for cases
warranting a longer
sentence because of aggravating sentences), and the mitigating range (for cases warranting a
because of mitigating factors).
The bill also gives the court discretionary authority to determine if a departure from the
recommendation is warranted. The court may consider such factors as whether the defendant
assisted in the
investigation or prosecution of another person, or whether the defendant caused the victim to
physical or mental harm.
The bill also extends the provisions of Truth in Sentencing to all crimes. A prisoner convicted of
a crime and
sentenced to the Department of Corrections would not be eligible for early release, discharge, or
supervision until the prisoner has served 85% of the actual term of imprisonment imposed (the
Truth in Sentencing currently apply only to "no parole offenses"). This percentage
must be calculated without
the application of earned work credits, education credits, and good time credits. All or part of
may be forfeited at the discretion of the Director of the Department of Corrections if the offender
offense or violates one of the rules of the institution.
The full committee also passed H.4355, which prohibits
the issuance of a liquor license to a business within
300 feet of a child daycare facility in a municipality or to a business within 500 feet of a child
outside a municipality. The committee amended the bill to provide that the restrictions do not
apply to new
applications for locations if the child day care facility moved to a location within the prohibited
during a prior period of licensure.
S.89 received a favorable recommendation as well. This
bill concerns orders of protection in cases of abuse to
a family or household member. An order of protection may temporarily enjoin the respondent
threatening to abuse, or communicating with the petitioner. Current law states that an order of
be for a fixed time not to exceed one year. This bill states that the order must be for a fixed time
not less than
six months nor more than one year. The bill was amended to allow parties who reconcile to
agree to dismiss
the order if the petitioner appears personally at the offices of the issuing court, shows proper
and signs a written request to dismiss based on the reconciliation.
The full committee also passed out two other measures:
H.4467, which increases the penalty for violating
provisions of the Uniform Securities Act, and H. 4423,
which provides that the sine die adjournment date is
shortened by one statewide legislative day for each day before March 31 that the annual
appropriations act is
given third reading by the House of Representatives .
LABOR, COMMERCE AND INDUSTRY
The full House Labor, Commerce and Industry Committee did not meet this week.
MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS
The Committee on Medical, Military, Public and Municipal Affairs met on Wednesday,
February 4, and gave
a favorable report to H.4364 and
excludes kidney disease treatment centers, including free
standing hemodialysis centers, from the Certificate of Need process. Health care facilities must
apply for a
Certificate of Need prior to constructing a new facility or modifying an existing facility, and
expenditure or acquisition is made on behalf of a health care facility in excess of amounts
DHEC regulations. H.3013 exempts a cosmetologist
who is at least 60 years old and who has possessed a
cosmetology license for at least 15 consecutive years from taking continuing education courses.
The Committee gave S.567 a favorable report. This bill
rewrites the medical practice act for cosmetologist,
manicurists, and estheticians to make it conform to the administrative framework established for
and commissions administered by the Department of Labor, Licensure and Regulations (LLR).
The bill revises
the composition for the Board of Cosmetology to ensure representation of all professionals
governed by the
board. The definition of the term "Beauty Salon" is clarified. A definition is added
for an "independent
contractor." A new ground for disciplinary action is added for use of a substance or device
that is not
prescribed for cosmetic use by state or federal agencies. The bond requirement for a
license is increased from $5,000 to $10,000. The bill was amended to correct a draft error.
WAYS AND MEANS
The Ways and Means Committee adopted a "zero" proviso base and a
"zero" appropriation base for the 1998-99 budget. $4,926,000,000 was adopted as a
working estimate for Fiscal Year 1998-99 revenue. This figure
excludes the estimated $61,000,000 that was anticipated from video poker revenue.
The committee also received a report on revenues available for Fiscal Year 1998-99, from Dr.
Gillespie, Chief Economist for the Board of Economic Advisors (BEA). Dr. Gillespie reported
considering the economic and legislative impacts that will affect both the FY1997-98 and
Fund Revenue estimates, the BEA revised its estimate for FY1997-98 upward by $60 million to
$4,740,000,000. The BEA adopted a revenue estimate of $4,987,000,000 for FY1998-99, an
increase of $307
million of General Fund revenue available over that in the FY1997-98 Appropriation Act. There
estimated $44 million of new tax reductions in the FY1998-99 General Fund Revenue estimate,
and a total of
$144 million of tax reductions over the last three fiscal years. Total General Fund Revenue is
forecast to grow
3.3% in FY1997-98 and 5.2% in FY1998-99.
After hours of debate and discussion, the Committee reported out a committee-sponsored bill
effective June 1, 1999, adds video poker machines and certain other coin-operated machines or
for gambling, to those machines which are prohibited and subject to seizure and destruction. The bill also
subjects persons who keep or play the machines to fines and imprisonment.
BILLS INTRODUCED IN THE HOUSE
AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL
S.835 REPORTING HUNTING ACCIDENTS Sen.
This bill repeals Section 50-1-95 which requires the reporting of hunting accidents that result in
death. Since hunting accidents involving firearms or archery tackle are investigated to determine
if a crime has
occurred (50-1-85), Section 50-1-95 is not needed.
S.388 LIMITS ON TAKING BASS IN LAKES MARION
AND MOULTRIE Sen. Mescher
This bill makes it a misdemeanor to take or possess largemouth bass that are less than 12 inches
long or to
take or possess more than 5 largemouth bass in one day in Lakes Marion and Moultrie, and in
certain parts of
the Santee River and its tributaries.
H.4567 MIGRATORY GAME BIRD PERMIT Rep.
This bill requires a person hunting migratory birds to obtain a migratory game bird permit from
Department of Natural Resources. There is no cost for the permit.
S.972 CREATION OF THE ENOREE RIVER
GREENWAY COMMISSION Sen. Bryan
This bill creates the Enoree River Greenway Commission (1) to promote the use of the Enoree
River; (2) to
promote tourism, outdoor recreation, and enjoyment; (3) to promote the development of
and (4) to foster conservation and wise use of natural resources. The Commission is governed by
a twelve-member Board of Directors whose members are appointed to serve three-year terms.
jurisdiction is limited to Laurens, Newberry, Union, and Spartanburg counties.
EDUCATION AND PUBLIC WORKS
H.4572 SUNSCREEN DEVICES ON MOTOR
VEHICLES Rep. Jennings
This bill increases the minimum required light transmission of sunscreening devices that may be
certain windows of a motor vehicle. The bill raises the minimum-required combined light
transmission of a
single sunscreening device with the factory or manufacturer installed sunscreening material from
27% to 50%
on side windows, and raises the minimum required light transmission of a sunscreening device to
be applied to
the rear-most window from 20% to 27%. Beginning in 1999, the bill requires that the combined
transmission of a single sunscreening device with a factory or manufacturer installed
sunscreening material, to
be applied to the rear-most window, must not be less than 50% (current minimum is 27%). "Sunscreen
device" is defined as a film material or device that is designated to be used in conjunction
with motor vehicle
safety glazing materials for reducing the effects of sun. "Light transmission" is
defined as the ratio of the
amount of total visible light to pass through a product or material to the amount of the total light
falling on the
product or material.
H.4584 PUPIL-TEACHER RATIOS Rep. J.
This bill requires that by school year 1999, school districts must attain an average pupil-teacher
kindergarten through grade six of 27:1; and by the school year 2000, the ratio must be 25:1. The
bill does not
change the currently required 21:1 reading and mathematics pupil-teacher ratios in grades one
through three. The bill provides a waiver of the requirements under certain conditions, and provides that
school year 2001, a school district violating the required ratios will have its state aid for the
year reduced proportionate to the variance between the district's actual pupil teacher-ratio and
required by the bill.
H.4587 STUDY OF CONSTITUTION AND
DECLARATION OF INDEPENDENCE Rep. Bauer
This bill requires that on November 11 of each year (a legal holiday in South Carolina), to
honor all veterans, all elementary, middle, and high schools in South Carolina, if they are open,
the entire school day to a study of the US Constitution and the Declaration of
Independence. If these schools
are not open on November 11, they must give this instruction on the day the school is open
preceding November 11.
H.4590 SOUTH CAROLINA ALTERNATIVE PILOT
SCHOOLS ACT Rep. Barfield
This bill adds a chapter to Title 59 of the SC Code of Laws, establishing an alternative
pilot school program
for students expelled from the sixth through the twelfth grades. The bill specifies that the State
Education (the "Board") may provide for the establishment and operation of two
full-time residential, public,
noncompulsory, nonsectarian, nonreligious, nonhome-based pilot schools, and that the Board
placement of the schools in geographic areas that provide the easiest access to the maximum
"expelled" and "at-risk" students (as defined in the bill) eligible to attend
the pilot schools. These schools are
established beginning with the 1999-2000 school year contingent upon sufficient funding being
the General Assembly.
The bill specifies: minimum enrollment numbers and the division of the enrollment between
"at-risk" students; length of school day and school year; operational environment for
accountability to the state board; mutual responsibility agreements between parents or legal
guardians and the
student for provision of services to the school; authorization for the pilot school to operate,
contract, free from school district, state, and contractual policies, laws, regulations, and
requirements; and the
pilot school's responsibility for its own operation in terms of budget preparation, personnel, etc. The bill
provides that the Board must promulgate regulations for the applications to operate a pilot
specifies areas that the regulations must cover. The bill makes provisions for the appointment,
responsibilities, and composition of a selection committee to review these applications;
requirements for filing, awarding, and terms of contracts to operate a pilot school and to renew
to operate a pilot school; and delineates conditions under which the Board may close or not
application for a pilot school. The bill requires that school districts must grant up to three years
specified conditions, to district employees who request to be employed at a pilot school. The bill
the Board evaluate the pilot schools in a specified manner and present annual reports on the
to the General Assembly. The bill provides for application, admission, and disciplinary
and expulsion) procedures for the schools, and requires that a pilot school contract with a
universities to track student progress.
H.4557 COCAINE AND CRACK
COCAINE Rep. Davenport
This bill equalizes the penalties for unlawful possession of cocaine with the penalties for
of crack cocaine. The penalties for possession of cocaine with intent to distribute are equalized
penalties for possession of crack cocaine with intent to distribute. Under the provisions of the
bill, a person
who possesses or attempts to possess less than 10 grains of cocaine or less than one gram of ice,
crack cocaine, is guilty of a felony and, upon conviction for a first offense, must be imprisoned
not more than
5 years and fined not less than $5,000. For a second offense, the offender is guilty of a felony
conviction, must be imprisoned not more than 10 years and fined not less than $10,000. For a
subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned
not less than
10 years nor more than 15 years and fined not less than $15,000.
A person who manufactures, dispenses, distributes, or purchases ice, crank, crack cocaine, or
cocaine is guilty
of a felony and, upon conviction for a first offense, must be sentenced to a term of imprisonment
of not more
than 15 years and fined not less than $25,000. For a second offense, the offender must be
imprisoned for not
more than 25 years and fined not less than $50,000. For a third or subsequent offense, the
offender must be
imprisoned for not more than 30 years and fined not less than $100,000. Furthermore,
possession of one or
more grams of ice, crank, or crack cocaine, or of more than ten grains of cocaine is prima facie
evidence of a
violation of this section.
H.4565 PUNISHMENT FOR MURDER Rep.
Under the provisions of this bill, a person convicted of murder must be sentenced to life
mandatory minimum term of imprisonment for 30 years, or death. A sentencing judge has
impose any of these sentences despite the jury's recommendation, with the exception that a jury's
an aggravating circumstance and recommendation for death is binding. If members of the jury
reasonable deliberation cannot agree on a recommendation as to whether or not the death
sentence should be
imposed, the trial judge must sentence the defendant to either life imprisonment, a mandatory
of imprisonment of 30, or death.
H.4575 CONDEMNATION OF PROPERTY Rep.
Under the Eminent Domain Procedures Act, several factors may be admitted as evidence and
the judge or jury determining the value of land sought to be condemned in order to adequately
landowner. This bill concerns a condemnation action affecting the property of a public utility. If
the rate of
return of the public utility is set by a regulating agency, the bill requires the question of valuation
compensation payable for property to include consideration of the replacement cost of the
depreciation, when the condemnation involves all or a substantial portion of the property of the
S.290 FORFEITURE PROCEDURES Sen.
The bill allocates property taken pursuant to an illegal drug seizure. The bill states that 50
percent of the
confiscated property must be provided to the law enforcement agency, 25 percent must be given
citizens who provide information that leads to an arrest and forfeiture of the property, 20 percent
goes to the
prosecuting agency, and the remainder must be deposited in the State's general fund.
H.4581 SESSIONS OF THE GENERAL
ASSEMBLY Rep. J. Smith
This joint resolution would amend the State Constitution to provide for sessions of the General
commencing on the second Tuesday in February, provide for an organizational session for the
Senate as well
as the House of Representatives in even-numbered years, delete obsolete language, and provide
for election of
officers of the General Assembly at the organizational sessions.
H. 4582 HOUSE AND SENATE ETHICS
COMMITTEES Rep. J. Smith
This bill states that formal hearings on a matter convened by the House or Senate Ethics
Committee must be
open to the public after it has determined that probable cause exists to support an alleged breach
or rule, misconduct, or other violation of law.
The bill also provides that the House or Senate Ethics Committee may disclose information at
any stage of the
proceedings under specified circumstances. However, the work product of the staff and the
House or Senate
Ethics Committee deliberations and records of the committee's deliberations may not be
disclosed to the
H. 4585 GENERAL ASSEMBLY ADJOURNMENT
Rep. J. Smith
This bill states that the regular annual session of the General Assembly must adjourn sine die
each year not
later than 5:00 p.m. on the first Thursday in May. In any year that the House fails to give third
reading to the
state budget bill by the last Thursday in February, the date of sine die adjournment would be
extended by one
statewide day for each statewide day after the last Thursday in February that the House fails to
give the bill
third reading. The bill also deletes the authority of the General Assembly to extend the session
H.4589 SETOFF DEBT COLLECTION ACT Rep.
The Setoff Debt Collection Act allows certain agencies to set off a delinquent debt against the
tax refund. This legislation would include the South Carolina Association of Housing Authority
Directors as an entity which could use the collection remedy authorized by the Setoff Debt
LABOR, COMMERCE AND INDUSTRY
H.4566 CITY HOUSING AUTHORITY'S SURPLUS
REAL PROPERTY Rep. Klauber
This bill places additional conditions on when a city housing authority may sell real property as
surplus. Under the bill, a city housing authority cannot sell its real property as surplus if the real property
can be used
by the authority for low income home ownership programs or other uses other than the intended
which the real property was originally purchased. A city housing authority may not sell real
surplus if the property can be exchanged or sold to a state or local public body which desires to
property for its own projects. Real property cannot be sold as surplus if the property may be sold
exchanged in the implementation of a slum clearance or redevelopment project. All of the
disposing of property require the approval of the city housing authority commissioners and the
approval of the
council of the city for which the authority was created.
H.4568 BOARD OF THE STATE PORTS
AUTHORITY Rep. Harvin
This bill provides that, of the nine members of the Board of the State Ports Authority who are
appointed by the
Governor with the advice and consent of the Senate, five shall be selected from individuals
engaged in the
private maritime transportation industry.
H.4569 MORTGAGE LOAN BROKERS AND
ORIGINATORS Rep. Cato
This bill provides that, beginning September 30, 1998, a mortgage loan broker must complete at
hours of continuing professional education annually, and an originator must complete at least six
hours of such
education annually. Failure to complete continuing education requirements will result in the
expiration of the
license without an administrative hearing and a penalty not to exceed one hundred dollars for
order to qualify for licensure as a mortgage loan broker, an individual must have at least two
working as an originator under the supervision of a mortgage loan broker, or other specified
experience. However, all mortgage loan brokers properly licensed as of October 1, 1998, may
without showing proof of such experience, so long as they comply with the continuing education
imposed under the bill. The initial licensure fee for a mortgage loan broker is increased from
five hundred to
six hundred dollars. The annual renewal fee is increased from five hundred to six hundred
dollars plus twenty-five dollars for each originator. An originator is defined as an employee of a
mortgage loan broker whose
primary job responsibilities include direct contact with, and the informing of, loan applicants of
terms, disclosure, and other aspects of the mortgage.
MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS
H.4586 MINIMUM LOGGED SERVICE TIME FOR
RESERVE POLICE OFFICERS Rep. Neilson
Reserve officers serve and function as law enforcement officers on specific orders and directions
chief or sheriff. To maintain status, reserve police officers must maintain a minimum logged
service time of
20 hours per month or 60 hours each quarter. This bill reduces the required minimum logged
service time to
10 hours per month or 30 hours per quarter.
WAYS AND MEANS
H.4570 SALES TAX ON AUTOMOBILES Rep.
This bill provides that the purchase price paid at the end of the term of a consumer automobile
lease if the
sales tax has already been paid on the lease, is not included in the definition of "gross
proceeds of sales," and
is therefore not subject to sales tax.
H.4571 BONDED INDEBTEDNESS LIMITS Rep.
This bill adds a section to the SC Code of Laws providing that a referendum on the
question of raising the
bonded indebtedness limit of a political subdivision or school district must be held on the date of
election. The bill also provides that, for the question to appear on the ballot, it must be certified
appropriate election commission at least forty-five days before the date of the general election.
H. 4573 POLICE OFFICERS' RETIREMENT
SYSTEM Rep. Kirsh
This bill provides that a retired member of the Police Officers' Retirement System who has been
active employment by virtue of election to the office of sheriff is restored as a member of the
taking office and electing to cease receiving a retirement allowance. Credited service to which
the sheriff was
entitled when he retired is restored to the sheriff and upon subsequent retirement the allowance
must be based
on the sheriff's compensation and credited service before and after the period of prior retirement.
H.4579 REDEMPTION OF PROPERTY SOLD FOR
DELINQUENT TAXES Rep. Cobb-Hunter
This bill eliminates the requirement for interest to be paid on the whole amount of the delinquent
tax sale bid
by a taxpayer, grantee, or mortgage or judgment creditor who redeems property sold for
delinquent taxes. Under this bill, the required redemption payment would be the taxes, assessments, penalties, and
costs, and the
whole amount of the delinquent tax sale bid. Current law requires the redeemer to pay the taxes,
penalties, and costs, together with eight percent interest on the whole amount of the delinquent
tax sale bid, or
in the case of redemption in the last six months of the redemption period, for all real property
except the legal
residence (under certain conditions), the current rate of interest is twelve percent.
H.4580 BIENNIAL APPROPRIATIONS ACT Rep.
This bill provides that, beginning with the 1999 legislative session and in each session every two
thereafter, the General Assembly shall enact a biennial state general appropriations act. Currently, the General
Assembly enacts an annual general appropriations act.
H.4583 BONDED INDEBTEDNESS LIMITS Rep. J.
This bill provides that a referendum on the question of raising the bonded indebtedness limit of a
subdivision or school district must be held on the date of the general election.
The Legislative Update is on the Worldwide Web. Visit the South Carolina
(www.lpitr.state.sc.us) and click on the "Quick Find Guide." On the next screen,
Update." This will list all of the Legislative Updates by date. Click on the
date you need.
SPECIAL NOTE: A cumulative index to the weekly issues of the Legislative
Update has been added to the Legislative Update page on the Worldwide
Web. Bills are listed in numerical order in this index. Each bill number is followed by a list of
hypertext links (in chronological order) to every reference to that bill in any issue of the
Legislative Update during the current session, 1997-98. This is an easy way (just
click on the links) to find summaries of bills introduced into the House and to follow the
progress of a bill through House committees and on the floors of the House and Senate.
The S.C. General Assembly HOME PAGE