March 10, 1998
Vol. 15, No. 9
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, March 10, 1998
WEEK IN REVIEW
During the past week, the House devoted its attention to the budget for the upcoming fiscal year. The House amended and sent to the Senate H.4700, the
General Appropriation Bill for Fiscal
Year 1998-99. After revenue enhancements and adjustments, including a $52.4 million reduction
in available revenue resulting from the decision to eliminate consideration of expected video
poker revenue, the total available recurring revenue for 1998-99 is $257 million. The following
figures do not include appropriations from the Capital Reserve Fund or Fiscal Year 1997-98
projected surplus funds, which are addressed in separate legislation below.
Highlights of the House recommendations for appropriating those funds include, but are not
The House appropriated $1.5 million to annualize only the 1997-98 state employee pay increases
at the Department of Public Safety and the Department of Corrections. Other state agencies
must find the remaining $7.8 million needed for pay increase annualization within their existing
PUBLIC EDUCATION: New, recurring public education funding in the budget totals
million in General Funds and $25 million in Education Improvement Act funds. Appropriations
from these funds include, but are not limited to: an increase of $39 million in funding to
fringes and the Education Finance Act base student cost of $1,879 (2.2% inflation) and 786,060
Weighted Pupil Units; $4 million for 62 school buses; $14.4 million to phase in the Performance
and Accountability Standards for Schools (PASS) initiative; $17.98 million for final year
phase-in for full-day kindergarten (includes $3.7 million for fringes); $6.1 million for textbooks;
million start-up/operational funding for the year-round Governor's School for the Arts and
Humanities; $4.2 million to help cover costs resulting from the increase in credits required to
graduate from high school; $5.9 million for basic skills-academic assistance (under Act 135 of
1993); $9 million to keep teachers' salaries above the Southeastern average (Southeastern
average salary has increased from $33,547 to $34,565); $1 million to fund the 1997 Assisting,
Developing, and Evaluating Professional Teaching (ADEPT) legislative initiative; and $437,900
to fund giving all tenth graders the opportunity to take the Preliminary Scholastic Aptitude Test
(PSAT) or the preliminary test for the American College Test.
HIGHER EDUCATION: The $32.6 million recurring appropriation in higher education
includes, but is not limited to $19 million for the Legislative Incentives for Future Excellence
(LIFE) Scholarship initiative, which passed the House earlier this session; $6 million for
performance/formula funding; $2 million for special schools' annualizations; $2.5 million for
EPSCoR (Experimental Program to Stimulate Competitive Research); and $900,000 for tuition
HEALTH: The $24.4 million recurring appropriation in this area includes, but is not
$15.4 million to annualize the current year's funding for Health and Human Services; $4 million
for nursing home rate adjustment; $1.1 million for rural health clinic growth; $1.6 million for
supplemental Medicare insurance premium increase; and $919,000 for Medicaid match rate
ECONOMIC DEVELOPMENT: Recurring appropriations total $2.5 million, including
million to Clemson Public Service Authority; $500,000 to the Department of Commerce for
employee incentives and $500,000 to the Department of Commerce for advertising.
CRIMINAL JUSTICE: Recurring appropriations total $13.8 million, including but not
to $2.4 million to the Judicial Department for annualization of judges and staff, annualization of
tiered judges' salaries, judges' expense allowance, judicial commitment, and court appointed
funding; $158,000 to SLED for forensic lab equipment; $255,868 to the Attorney General's
Office for Medicaid fraud control, capital litigation, and prevention of violence against women;
$500,000 to the Prosecution Coordination Commission for Judicial Circuit state support; $2.5
million to the Department of Corrections for operating funds and for the substance abuse facility
at Lee; $2.6 million to the Department of Probation, Parole and Pardon Services for
annualizations and restitution collection; $5.2 million to the Department of Juvenile Justice for
annualization of 1997-98 funding.
TRANSPORTATION: No new funding recommended.
LEGISLATIVE/EXECUTIVE: After factoring in the $1 million in recommended
legislative/executive budget reductions, the recurring funds appropriated in this area result in
new funding of slightly over $1 million. Recommendations for new funding include $530,622
to the Adjutant General's Office for State match for FEMA funds; $1.5 million to the State
Budget and Control Board for Capitol Complex rent; and $37,482 to the State Ethics
Commission for one investigator. Budget cuts include $300,000 reduction to Legislative
Printing; $50,000 reduction to Administrative Law Judge base; $50,000 reduction in Total
Quality Management Funds under the Budget and Control Board; and $400,000 base reduction
to the Department of Revenue.
Major provisos in the 1998-99 appropriations bill include, but are not limited to: A ban of video
poker (included in both Part I and Part II - also passed the House as separate legislation);
removal of the Palmetto Unified School District 1 of the SC Department of Corrections from
eligibility for funding under the Education Finance Act (although it would still be eligible for
adult education funding through the SC Department of Education); the LIFE Scholarship
initiative (which has already passed the House as a separate bill); an extension of the steps in the
State Minimum Salary Schedule for teachers, from seventeen to twenty years by one-year
increments (each additional year will be increased by one percent over the previous year); and
the Performance and Accountability Standards for Schools (PASS) initiative, which has already
passed the House as a separate bill.
The House approved several amendments to H.4700,
which include, but are not limited to: an
amendment to provide that no state funds shall be used to pay for an abortion either directly or
indirectly. No state funds shall be expended, directly or indirectly, to any institution, agency, or
organization that provides, performs, or promotes abortion. An exception is provided where an
abortion is necessary to save the life of the mother.
The House amended the bill so as to provide that the Employment Security Commission shall
assist those who lose their jobs in video gaming establishments to find new employment.
The House amended the bill so as to provide that tuition and fees at state supported institutions
of higher education shall not be increased more than the previous year's Higher Education Price
Index. If an institution's tuition and fees are below the southeastern average, the restriction does
The House amended the bill so as to provide that no agency head shall receive a salary increase
in excess of two percent beginning October 1 of this fiscal year.
The House amended the bill so as to authorize the Budget and Control Board to contract by
means of requests for proposals for the workers' compensation insurance requirements of state
agencies and institutions. Such contracts must be awarded to the lowest bidder and bidding must
be consistent with the SC Consolidated Procurement Code.
The House amended the bill so provide that a full-time state employee who runs for a statewide
elective office, a seat in the General Assembly, or a legislatively-elected position with
compensation must be placed in an unpaid status during the term of his candidacy.
The House amended the bill so as to dissolve the State Reorganization Commission. The assets
and employees of the Commission are evenly divided between the House of Representatives and
The House amended the bill so as to preclude the use of state funds for providing inmates with
access to cable, satellite, or other multi-channel television.
The House amended the bill so as to provide that five dollars of every fine for exceeding the
speed limit by over fifteen miles per hour must be transferred to the Department of Public Safety
to be used for hiring and training troopers and for purchasing equipment and patrol vehicles.
The House amended the bill to allow local school boards to waive age requirements for public
school attendance in situations where testing indicates that an underage child is prepared to enter
first grade. The cost of such testing must be borne by those seeking the waiver.
The House amended the bill so as to provide that state agencies shall not utilize electronic
answering devices such as voice mail during standard business hours.
The House also amended and read for the second time
H.4701, the Supplemental Appropriations
Bill for 1998-99, and H.4702, a joint resolution
appropriating monies from the Capital Reserve
Fund for fiscal year 1997-98.
Highlights of the $66.1 million Supplemental Appropriations Bill,
H.4701, include (but are not
limited to): $1 million to the State Department of Education for textbooks; $5 million for
education technology (telecommunication lines); $9.4 million to the Property Tax Relief Trust
Fund; $21.8 million to maintain the Fiscal Year 1997-98 funding level for the Local Government
Fund; $10.9 million to the Local Government Fund to cover growth; $5.7 million to the
Department of Health and Human Services for Medicaid growth; $5.5 million to the Department
of Social Services for emotionally disturbed children; and $2 million to the Department of
Commerce to help fund the Spartanburg Renaissance Downtown Development Project (the bill
provides that these funds are to be matched 2:1). The bill also provides that, effective July 1,
1998, the Advisory Coordinating Council for Economic Development (the Council) must
establish the "Downtown Redevelopment Program" for the purpose of making grants
revitalizing and enhancing downtown areas through partnerships of local government and private
investors. The bill provides that the Council must establish program guidelines, regulations, and
criteria by which grants must be evaluated, including a specific requirement for matching funds
and a requirement for completion of an economic impact before an award is made.
H.4702 appropriates $86.9 million from the Capital
Reserve Fund for Fiscal Year 1997-98. These appropriations include, but are not limited to: $25 million for higher education formula
funding; $10.8 million to the State Department of Education for textbooks; $5.7 million to
Horry-Georgetown Tech for library and student services; $4 million to Clemson PSA for the
Agriculture and Life Sciences Biotechnology Complex; $3 million to Clemson for Littlejohn
Coliseum; $3 million to the University of Charleston for the Health and Physical Education
Complex; $2.5 million to the University of South Carolina for the Arena; $3.5 million to the
University of South Carolina for the School of Public Health; $2 million to DHEC for Horry
Beach Renourishment; and $2 million to PRT for the Columbia Conference Center.
The House also sent to the Senate 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 Senate gave third reading to S.847, which provides
that the fees collected from special retail beer and
wine permits and the temporary permits for Sunday liquor sales may be used for affordable
housing initiatives. The Senate also approved the following bills and sent them to the House of Representatives:
concerning reporting requirements for medical personnel who treat gunshot wounds;
S.986, providing that
staff of county boards of registration must take a training course; and
S.1007, which would enact the Drug-Induced Crime
Prevention and Punishment Act of 1998 (for a more complete summary of this bills, see Bills
Introduced in the House in this update).
The Senate also passed a concurrent resolution (S.1065)
to approve the Charleston Museum as the site for the
permanent display and exhibition of the H.L. Hunley. On Thursday, the Senate adopted
an amendment to
S.1031, which concerns the STAR diploma. The
amendment states that for the 1997-98 school years only,
graduating seniors from high school who have completed 22 units of credit shall be granted a
waiver from the
new computer science unit or the fourth mathematics unit required for the STAR diploma. Additionally, the
amendment states that honors courses shall be included, along with advanced placement and
baccalaureate courses, in those courses where grade point averages are adjusted to reflect greater
difficulty. The bill was read a third time and returned to the House of Representatives. The Senate also
reading to S.1003, which provides that it is unlawful to
hunt, take, or possess migratory game birds without
first obtaining a migratory game bird permit.
|State Health Insurance Rate Increase
|State Employee 2% Pay Increase-
| (Effective 10/1/98)
|| 23.5 million
|Property Tax Relief-Annualization
| and Growth
|| 20.6 million
|General Reserve Fund
|| 7.2 million
|Capital Reserve Fund
|| 4.8 million
|| 2.5 million
|Property Tax Relief-Reduced Manufacturing |
|Depreciation (2nd of 3 year phase-in)
|| 10.9 million
|Homestead Exemption Projected Growth
|| 1.4 million
HOUSE COMMITTEE ACTION
AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL
The full Agriculture, Natural Resources and Environmental Affairs Committee did not meet this
EDUCATION AND PUBLIC WORKS
The full Education and Public Works Committee did not meet this week.
The full Judiciary Committee did not meet this week.
LABOR, COMMERCE AND INDUSTRY
The full Labor, Commerce and Industry Committee did not meet this week.
MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS
The full Medical, Military, Public and Municipal Affairs Committee did not meet this week.
WAYS AND MEANS
The full Ways and Means Committee did not meet this week.
BILLS INTRODUCED IN THE HOUSE
AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL
H.4754 SALE OF LIVE DEER AND DEER PARTS
Current state law prohibits the sale of live deer or deer parts except for the hide. This bill
authorizes the sale of
deer parts, except for the venison, white tail antlers (or parts of the antlers), or whitetail deer
Violators are guilty of a misdemeanor and subject to fines from $100 to $500 or imprisonment
for not more
than 30 days.
The bill also provides for a permit which authorizes food service establishments to purchase and
offer for sale
nonnative farm-raised venison processed through an official establishment certified by the
Department of Agriculture. There is no cost for the permit. A food service establishment must
records as to the source of the venison and be open for inspection by the appropriate authorities
times or whenever workers are present. A wholesale food distributor may also obtain a permit, at
no cost, to
buy and sell nonnative farm-raised venison to a permitted food establishment. The wholesale
permit is subject
to the same requirements as the permit for a food service establishment.
H.4757 RECREATION AND COMMERCIAL WATER
VESSELS Rep. Barfield
This bill allows the Department of Natural Resources (DNR) to establish temporary and
permanent slow speed
zones in South Carolina waters by designating the areas with regulatory markers. The bill also
gives DNR the
authority to temporarily close areas of state waters to recreational and commercial water vessels
for ten days if
DNR determines that flood conditions make operating such vessels dangerous. The Governor is
extend a temporary closure until flood conditions are no longer dangerous. The closure of these
not apply to law enforcement or medical personnel or to persons who own or lease property
H.4759 THE HERITAGE TRUST FUND Rep. J.
The Heritage Trust Program provides for the preservation, and management of unique and
or cultural areas in South Carolina. The Heritage Land Trust Fund, administered by the board of
acquires fee simple or lesser interest in priority areas.
Current state law limits the total amount of real property the fund can acquire to 100,000 acres. This bill states
that the 100,000 acre limit does not apply to tracts of land of 30,000 acres or more which have
by the State and which the Budget and Control Board and the Board of DNR both determine
should be a part
of the Heritage Trust Preserve.
EDUCATION AND PUBLIC WORKS
H.4740 "SC SCHOOL SEXUAL ASSAULT AND
HARASSMENT INFORMATION ACT" Rep. Inabinett
This bill requires that each school district board of trustees establish and implement, by the
school year 1998-99, a written campus sexual assault and harassment policy, providing at a
minimum for a
sexual assault and harassment prevention and awareness program for middle and high schools,
procedures to be followed once incidents are reported. The bill specifies areas that the policy
including but not limited to: education programs; possible sanctions against policy violators;
student follows if sexual assault and harassment occur; procedures for district disciplinary
notification to students of certain rights, assistance and options to which they are entitled if
sexual assault or
harassment occurs. The bill requires that each school district distribute to students, faculty, and
staff of middle
and high schools the written campus sexual assault and harassment policy, and that each school
include on employment applications a notification that a copy of that policy is available upon
the bill requires that the written policy must be made available to a student who reports being a
sexual assault and harassment occurring on campus, and all middle and high school students
must be availed
of a description of the jurisdiction, procedures, and time deadlines of the district's disciplinary
procedures relating to sexual assaults and harassment.
H.4741 DRIVER'S LICENSES FOR PERSONS OVER
AGE 65 Rep. Hinson
This bill requires that the Department of Public Safety issue to every qualified applicant 65 years
of age or
older a driver's license as applied for at no charge.
H.4748 PAYMENT/COLLECTION OF TOLLS Rep.
This bill adds a section to the SC Code of Laws regarding the payment and collection of
tolls. The bill
provides that if a vehicle drives through a turnpike facility without payment of the required toll,
the owner and
operator of the vehicle is liable to the Department of Transportation (DOT) to pay the required
administrative fees (maximum amounts are specified in the bill), and civil penalty as provided in
the bill; and
the DOT may enforce the collection of the toll as provided in the bill. The bill specifies
timelines which must be followed by the DOT and by county magistrates in the event of single
toll violations, including provisions for a magistrate to determine that the person or entity
liability is liable, and the magistrate's authority to collect the unpaid tolls and administrative fee
them to the DOT or its agent. The magistrate may also impose a specified civil penalty, plus
court costs and
attorney's fees. The bill also makes provisions for toll violations when the violating vehicle has
as stolen, when the violating vehicle was leased to an entity other than the owner, and when the
vehicle was operated by someone other than the owner. The bill also provides for setting up and
of electronic toll collection accounts.
H.4749 QUALIFIED PROFESSIONAL
CONSULTANTS Rep. Townsend
This bill provides that the Department of Transportation (DOT) is authorized to procure
consultant services in specified areas. The bill authorizes the DOT to consider both
qualifications and costs in
the selection process for procuring these services. The procedural requirements for the
must be determined by the DOT and may include the establishment of reasonable rates, costs,
compensation for consultants.
H.4750 DEPARTMENT OF TRANSPORTATION
AUTHORITY Rep. Townsend
This bill adds sections to the SC Code of Laws providing authority to the SC Department
(DOT) to: establish with the State Treasurer special funds out of the DOT's funds for proper
purposes; relax design and construction standards for highway projects in the secondary state
without incurring liability; expend all cash balances brought forward from a prior year, up to a
specified in the bill; secure bonds and insurance covering activities of the DOT; provide its
equal compensation increases, health insurance benefits, and employee bonuses provided in the
appropriations act; establish a schedule of document fees.
H.4766 PAGING DEVICES IN PUBLIC SCHOOLS
This bill authorizes the boards of each school district to provide for the disposition of confiscated
paging devices. The bill provides that the paging device may not be returned to any student or
guardian or custodian sooner than six months after it was confiscated.
H.4739 DEFENDANT'S BLOOD TESTS AS
EVIDENCE Rep. Simrill
Under the provisions of this bill, tests of the defendant's blood in DUI cases must be accepted
by a court of competent jurisdiction under the following circumstances: (1) where the blood was
tested by appropriate medical personnel due to necessity of transporting the defendant
immediately after the
accident or incident, (2) if the blood tests were performed in accordance with established
hospital protocols, (3) the blood tests were done at the request of a physician for diagnostic purposes, (4) if
testimony is offered
as to the requirements of the hospital protocol, and (5) if that protocol was followed. In this
event, no formal
chain of custody is required to be established. However, this new language must not be
construed to prevent a
criminal defendant from attacking the protocol or method in which the test was performed for
undermining the credibility of the test before a jury.
H.4742 POWERS OF THE FAMILY COURT
IN JUVENILE PROCEEDINGS Rep. Hinson
Under current law, the family court has the power to place a child on probation until the child's
birthday. This bill states that the court may extend a term of probation up to the person's
and may impose a reasonable monthly probation fee on the person during the probation
extension. The bill
also requires the Department of Juvenile Justice to report to the General Assembly on the fiscal
impact of the
H.4751 CONDEMNATION ACTION Rep.
This bill revises the interest rate and the interest accrual period on an amount found to be just
a condemnation action. The bill requires a condemnor to pay interest to the condemnee upon an
to be just compensation, with the interest rate to be the rate paid for U.S. Treasury Bills with a
maturity sold on the date the condemnation notice was filed.
The interest accrues from the time the condemnation notice was filed through the date of verdict
by the court. Interest will not accrue for a period of thirty days following the date of verdict or
judgment. If the judgment is not paid within the thirty-day period, interest will continue to
accrue at the same
rate. Interest will not accrue on any sum received by the condemnee for the subject property
before the date of
H.4758 LITTERING Rep. Meacham
Under the provisions of H.4758, if litter contains any article which displays the name of
a person in such a
manner as to indicate that the article belonged to the person (for example a bill or a letter) , there
rebuttable presumption that the person has violated the state's littering law. The bill also permits
enforcing agency, with the permission of the court, to publish the names of persons convicted of
state's littering law.
H.4760 LIENS IN FAVOR OF THE STATE Rep. J.
This bill states that a lien prior in dignity to all others exists in favor of the state upon royalties,
proceeds of sale, or any other thing of value payable to or accruing to a convicted felon or a
person on his
behalf, from a literary, cinematic, or another account of the crime for which he was convicted. The lien
attaches at the time of the conviction. If the conviction is appealed, the funds must be deposited
in the state's
general fund until the appeal is resolved. The proceeds of the account must be distributed as
must be distributed to the dependents of the convicted felon (if there are no dependents, this
portion must be
distributed to the Victims' Compensation Fund); 25% to the victim or victims of the crime or to
dependents (if there are no victims or dependents, or if their damages are less than twenty-five
percent of the
proceeds, this portion, or its remainder, must be distributed to the Victims' Compensation Fund). After those
payments have been made, an amount equal to pay all court costs in the prosecution of the
must be deposited in the state's general fund. Additional costs must be assessed for the
computed per capita
cost of imprisonment or supervision by the Department of Corrections. The remainder must be
the Victims' Compensation Fund.
The bill also requires the court to place a lien prior in dignity to all others in favor of the state
upon a financial
settlement payable to or accruing to a convicted person (or person on his behalf) as a result of
during a violation of a provision of law, or as a result of an attempt to flee apprehension for the
which he was convicted. The proceeds of the account must be distributed in the following order: (1)
payment of all medical care, treatment, hospitalization, and transportation resulting from the
payment to the victims of the crime or to their dependents, to the extent of their damages; (3)
payment of all
court costs in the prosecution of the convicted felon; (4) payment of the cost of incarceration in a
of Corrections facility; and (5) the remainder to the injured party.
S.847 AFFORDABLE HOUSING INITIATIVES Sen.
The Alcoholic Beverage Control Act provides that revenues generated from special retail beer
permits within a county where a federal military base has closed must be used to support a
authority. Upon the dissolution of the redevelopment authority, state law requires the fees to be
the city or county where the retailer is located and to be used for specified purposes. This bill
states that fees
from the dissolved redevelopment authority and the fees collected from temporary permits for
sales may be used for affordable housing initiatives to serve low income households.
H.4765 QUALIFICATIONS OF THE OFFICE OF
SHERIFF Rep. Bailey
All sheriffs in this state must have one of the following qualifications: a high school diploma or
equivalent in education training; a two-year associate degree and three years' experience as a
enforcement officer; a four-year baccalaureate degree and one year's experience as a certified
officer; or service as a summary court judge for at least ten years. Under the provisions of this
bill, a person
who served as a state constable for at least ten consecutive years would also be qualified to serve
as a sheriff.
H.4767 CRIME VICTIMS Rep. Young
This skeleton bill concerns the surcharge imposed on a person convicted in general sessions
H.4770 WATERCRAFT EQUIPMENT AND
OPERATION Rep. Witherspoon
This bill establishes a point system for watercraft violations (for example, a person who improperly displays a
registration or title sticker would be assessed 2 points; a person who operates a watercraft while
influence of alcohol or drugs would be assessed 18 points). A person who accumulates 18 or
more points in
one year must have his boating and watercraft privileges suspended for 1 year. After the
expiration of the
period of suspension, the person's record must be cleared and the person starts anew with no
points. A person
who operates a watercraft while under suspension is guilty of a misdemeanor and, upon
conviction, must be
fined from $200 to $500 or imprisoned not more than 30 days; additionally, his boating
privileges must be
suspended for an additional 3 years. The points and penalties assessed under this legislation are
in addition to
and not in lieu of any other civil remedies or criminal penalties which may be assessed
S.979 TREATMENT OF A GUNSHOT WOUND Sen.
This bill provides that any medical services personnel who knowingly treats any person
suffering from a
gunshot wound or who receives a request for such treatment must report within a reasonable time
of the gunshot wound to the sheriff's department. No report is necessary if a law enforcement
present with the victim while treatment is being administered. A hospital, clinic, or other health
or provider may designate an individual to make the reports provided for in this section. A
report must be
made as soon as possible, but no later than the time of the victim's release from that facility.
A person required to make a report or who participates in judicial proceedings resulting from the
in good faith, is immune from civil and criminal liability which might otherwise result by reason
actions. In all such civil and criminal proceedings good faith is rebuttably presumed. The
of communication between physician and patient and any other professional person and his
patient or client is
abrogated and does not constitute grounds for failure to report or the exclusion of evidence
resulting from a
report made pursuant to this section. A person required to report the existence of a gunshot
knowingly fails to do so is guilty of a misdemeanor and, upon conviction, must be fined up to
imprisoned up to 6 months.
S.986 BOARDS OF REGISTRATION Sen.
This bill would require the staff of a county board of registration to complete a training and
program conducted by the State Election Commission. Furthermore, following initial
certification, each board
member and staff person designated by the board or commission must take at least one training
S.1007 DRUG-INDUCED CRIME PREVENTION
ACT Sen. Holland
This bill, entitled the Drug-Induced Crime Prevention and Punishment Act of 1998,
creates the offense of
distributing a controlled substance to an individual with the intent to commit a crime against that
individual. The bill also creates the felony offense of trafficking in flunitrazepam. Furthermore, the bill
states that a
person is guilty of criminal sexual conduct in the first degree if the actor engages in sexual
battery and causes
the victim, without the victim's consent, to become mentally incapacitated or physically helpless
administering, distributing, dispensing, delivering, or causing to be administered, distributed,
delivered a controlled substance or gamma hydroxy butyrate.
LABOR, COMMERCE AND INDUSTRY
H.4755 CHARITABLE OR EMERGENCY
PROTECTIVE SHELTERS Rep. Cobb-Hunter
This bill adds residence, whether temporary or not, at a charitable or emergency protective
shelter to the list of
living arrangements which are not governed by the SC Landlord and Tenant Act.
H.4756 MODULAR BUILDING UNITS Rep.
This bill provides that a modular building unit may not be installed on property which has been
zoned as "R-1" or "single-family dwelling" by a local government.
H.4772 PRIVATE PERSONNEL PLACEMENT
SERVICES Rep. Harrell
This bill eliminates the current restriction which prevents the licensure of a private personnel
service which conducts its business principally in a private residence. Under the bill, a private
placement service which operates in a residence may be granted a license, so long as such
licensure is in
accordance with any other applicable federal, state, and local laws and zoning ordinances.
WAYS AND MEANS
H.4743 RETIREMENT INCOME Rep.
This bill deletes the currently-allowed deduction election in computing SC taxable income, for
income received by a resident individual taxpayer who before or during the applicable taxable
attained the age of 65. The bill allows an annual deduction of up to $3,000 of retirement income
and up to
$10,000 beginning in the taxable year the taxpayer attains age 65. The bill adds a provision to
the SC Code of
Laws allowing a resident individual taxpayer a deduction from SC taxable income received
in an amount not
to exceed $45,000, reduced by the retirement income deduction claimed. For eligible married
joint returns, the maximum deduction allowed under the bill is $45,000 when only one spouse
has reached age
65 and $90,000 when both spouses have reached age 65.
H.4744 TWENTY-FIVE YEAR RETIREMENT Rep.
This bill reduces from thirty to twenty-five the years of service required to retire at any age
without penalty for
persons who first become members of the SC Retirement System after June 30, 1998. The bill
the State Budget and Control Board to increase employer and employee contributions for
becoming members of the SC Retirement System after June 30, 1998, in an amount sufficient to
additional actuarial cost of the reduction of required service for retirement.
H.4752 SALES TAX ON MANUFACTURED
HOMES Rep. Law
This bill adds a section to the SC Code of Laws providing that furnishings and other
items that are not fixtures
of a manufactured home or a mobile home constitute personal property and must not be included
calculating tax on the home.
H.4769 HOSPITALITY TAX REVENUE Rep.
This bill deletes the requirement that $900,000 in accommodations tax must be collected in a
police and fire protection, emergency medical services, and emergency preparedness operations
provided to those facilities for which the hospitality tax revenue must be used.
H.4771 SINE DIE ADJOURNMENT/STATE BUDGET
PROCESS Rep. Campsen
This bill provides that after convening of the annual session of the General Assembly on the
in January of each year, the General Assembly shall meet in local session only for 30 calendar
days in odd-numbered years to develop in committee the biennial state general appropriations act
and to consider other
legislative matters in committee. Also either or both houses may meet in statewide session
during this thirty
day period upon a 2/3 vote of that particular body.
The bill requires that the regular annual session of the General Assembly must adjourn sine
die by 5:00 p.m.
on the first Thursday in June in odd-numbered hears and by 5:00 p.m. on the first Thursday in
May in even-numbered years. Current law provides that the General Assembly must adjourn
sine die each year by 5:00
p.m. on the first Thursday in June. Also, the bill provides that in any odd-numbered year in
which the House
of Representatives fails to give third reading to the annual general appropriations bill by March
31, the date of
sine die adjournment is extended by one statewide day for each statewide day
after March 31 that the House
fails to give the bill third reading. The bill provides that in any odd-numbered year beginning in
which the biennial general appropriations act is given third reading before March 31 by
the House, the date of
sine die adjournment for that year is shortened by one statewide day for each
statewide day before March 31
that the act is given third reading by the House.
The bill also requires that, beginning with its 1999 session for the ensuing two fiscal years and in
every two years after 1999 for the two fiscal years next ensuing, the General Assembly must
enact a biennial
state general appropriations act in a form it considers appropriate. The bill requires that the
Governor and the
General Assembly must use a "zero-base" budget process applying the Malcolm
Baldridge award criteria
standards or its substantial equivalent in preparing of the biennial act beginning in 1999. The
bill does not
prevent the General Assembly from enacting a supplemental or capital reserve fund
appropriations bill in
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hypertext links (in chronological order) to every reference to that bill in any issue of the
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