Legislative Update
May 28, 1996
Vol. 13, No. 20
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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CONTENTS
WEEK IN REVIEW
elections
Former Georgetown Representative Paula Thomas was elected to finish the
term of former First Judicial Circuit Court Judge Ralph King Anderson, Jr.
Earlier this year, Anderson was elected to the State
Appeals Court.
Berkeley County Master-in-Equity Daniel F. Pieper was elected to finish the
unexpired term of former Ninth Judicial Circuit Court William Howard.
Howard also was elected to the State Appeals Court earlier this year.
Greenville Municipal Judge Stephen S. Bartlett was elected as a Family
Court Judge.
HOUSE
conference report adopted, to be ratified
Representatives granted free conference powers, then
adopted the report on
S. 846. This measure provides for the
issuance of special Olympic license plates. The biennial fee for this tag
is fifty dollars ($50). Conferees amended the bill to provide that all of
the revenue raised from these sales will be distributed to South Carolina
Special Olympics, rather than half of it going to the United States Olympic
Committee. This was done in light of the late passage of the measure. The
House also approved the report on S. 949. This measure provides students with a fourth
opportunity this year to pass the Education Entrance
Examination (EEE)
required to enter a teaching program. Representatives amended the bill to
require that a student taking the EEE a third or fourth time must first
complete a remedial course, after waiting five years
between tests. Also,
the number of attempts to pass the EEE was capped at
three. However,
Senators refused to adopt these provisions. Conferees compromised by
retaining the requirement for remedial instruction before a third or fourth
attempt, but providing that applicants only have to wait three years
between tests rather than five. H. 3915
originally revised the membership of the Commission on Higher Education. It
also provided for the easier transfer of credits between institutions.
However, Senators a mended the bill to authorize the
leasing of three
hospitals at the Medical University of South Carolina to Columbia/HCA
Healthcare Corporation for thirty years. Under the measure, before the
Budget and Control Board could sign any contract it must first consult with
the Department of Education. The Senate also voted to eliminate a current
perk providing free health care for legislators at MUSC. The House amended
the bill to prohibiting price fixing at MUSC, and to
restrict the use of
the medical school's logo in advertising and marketing activities. The
conference committee removed the provision about price fixing, but kept the
logo restrictions. The measure has been enrolled for
ratification.
free conference powers rejected
Representatives refused to grant free conference powers in order to adopt a
report on the dual judicial reform bills, H. 3961 and H. 3962, which enact both constitutional and
statutory changes. H.
3961 provides for
a referendum amending the State Constitution in order to establish a ten
member Judicial Merit Selection Commission. Four of the ten members would
not be legislators. Five members would be appointed by the House--three
would be appointed by the Speaker and two by the House Judiciary Chairman.
Of these five members, three would be lawmakers, while the other two would
represent the public. The Senate also would appoint five members--two by
the President Pro Tem and three by the Senate Judiciary Chairman.
Commission members could not apply for a judgeship for a year after leaving
the Commission. Only three candidates per office could be nominated. The
commission would investigate and review candidates, in order to eliminate
weak ones. Legislators would not be allowed to vote for any candidate found
"unqualified." The measure also increases the minimum age of judges from
twenty-six to thirty-two years old, and requires that candidates be
licensed at least eight years rather than five. It provides that a
legislator must be out of the General Assembly for at least one year before
applying for a judgeship, or for a year after failing to file for re-
election. Vote swapping would be prohibited. Violators would be guilty of a
misdemeanor punishable by a fine of up to one thousand dollars ($1,000) or
a sentence of up to ninety days. Also, successful candidates must receive a
majority of votes from both the House and the Senate, rather than a simple
majority of the total number of legislators. In addition, the bill provides
for nonjudicial screening by a joint legislative committee. H. 3962 provides for two referendums concerning
judicial reform. Voters would determine whether to raise the minimum age of
judges to thirty-two years old, and the minimum experience to eight years.
A separate question asks whether a Judicial Merit Selection Committee
should be created.
conference committee appointed
Representatives Herb Kirsh, Mickey Whatley, and Annette Young-Brickell were
appointed as conferees on S. 507. That
bill provides that a person applying to operate a private detective
business must meet the same qualifications as a person applying to become a
private detective. The House amended the bill to authorize retired
commissioned law enforcement officers to carry weapons. Representatives
John Felder, Ron Fulmer, and Lynn Seithel were appointed as conferees on
H. 3915. The bill originally revised
the membership of the Commission on Higher Education. It also provided for
the easier transfer of credits between institutions.
However, Senators a
mended the bill to authorize the leasing of three hospitals at the Medical
University of South Carolina to Columbia/HCA Healthcare Corporation for
thirty years. Under the measure, before the Budget and Control Board could
sign any contract it must first consult with the Department of Education.
The Senate also voted to eliminate a current perk authorizing free health
care for legislators at MUSC. The House amended the bill to prohibiting
price fixing at MUSC, and to restrict the use of the
medical school's logo
in advertising and marketing activities. The conference committee removed
the provision about price fixing, but kept the logo restrictions. This
measure has been enrolled for ratification.
concurrence in Senate amendments, to be ratified
Representatives adopted H. 3624, also
known as the Environmental Audit and Disclosure Immunity Act of 1996. The
bill is designed to increase voluntary compliance with environmental laws
by providing companies with confidentiality for disclosure and limited
protection from penalties. Companies would be allowed to police themselves,
as long as they acted in a good faith and timely manner. Under the measure,
companies could seal internal reports within ten days after initiation of
the reports. The bill also eliminates some penalties for violations which
are reported voluntarily within two weeks of the problem, as long as
progress is being made to remedy the situation and disclosure is not
mandated by law. However, this does not apply to criminal violations or
repeated violations. Meanwhile, the Environmental Protection Agency (EPA)
has indicated it may remove state control of a new federal air pollution
control program in response to passage of the bill. H.
3785 enacts the "Massage Practice Act." The
measure revises regulations of masseurs and masseuses, and establishes
disciplinary actions for violations. It also creates the Board of Massage.
H. 3905 provides that a nonresident
child may attend any school district as long as school taxes are paid for
that child. Senators provided a grandfather clause protecting those
students currently enrolled. H. 4425
which originally determined how the state will spend over ninety million
dollars in surplus general revenue funds from fiscal year 1994-95. The bill
set aside an additional thirty million dollars in surplus money to fund
economic development recruitment efforts in our state. It also included
money for renovations at the State House and the Department of Juvenile
Justice, and funding for the Redevelopment Authorities for the Charleston
Naval Base and the Myrtle Beach Air Force Base, as well as various
education projects. Several other items in the supplemental bill had been
vetoed from last year's budget by Governor David Beasley. These included
subsistence and operating money for the House and the Senate, and funding
for the University of South Carolina's Law School. However, the Senate
provided for these expenditures in next year's budget instead. So they
gutted the bill, and amended it to advance $10 million dollars for State
House renovations instead.
H. 4637 originally was similar to
S. 1195 which already has been
ratified. The bill defined the mission of higher education in South
Carolina, and required accountability from these institutions. The bill
also provided the Commission on Higher Education with regulatory authority
for the first time. The Commission was authorized to
close institutions
which do not meet standards, and to eliminate programs where duplication is
unnecessary. The measure established critical success factors for academic
quality, and prescribes performance indicators to measure these factors. In
addition, it revised the method of determining budgets of higher education
institutions, and based those budgets in part on achievement of standards
rather than the number of students served. However, since the Senate
version of the bill was adopted, this House sponsored bill was gutted by
the Senate to become the "Winthrop University Facilities Revenue Bond Act"
instead. Among other provisions, it authorizes bonds in order to acquire an
off-campus bookstore. H.
4818
originally provided for the circumstances and time frame under which a
child may be sent to a secure juvenile detention facility. Senators amended
the bill to require perinatal drug assessment and intervention measures.
The provision requires counseling by physicians, and
authorizes drug
testing of newborns.
nonconcurrence in Senate amendments, to a conference
committee
Representatives refused to agree with Senate amendments to H. 4431. The bill establishes a special weighting in
the Education Finance Act (EFA) formula to provide additional funding for
the needs of autistic students. The Senate amended the measure to revise
requirements for home schooling. The House also did not adopt amendments to
H. 4803. That bill calls for a
referendum to give the State Supreme Court additional power to remove bad
judges. This joint resolution establishes reasons, other than impeachment,
that judges may be recalled. These include misconduct in office, ethical
breaches, habitual intemperance, persistent failure to perform the duties
of office, and mental or physical incapacity. The Senate amendment provides
that the General Assembly is not bound by Supreme Court findings in an
impeachment hearing.
nonconcurrence in Senate amendments, amended, returned to the
Senate
S. 659 provides that hotels with liquor
licenses may establish in each room a locked "hospitality cabinet"
containing no more than thirty mini-bottles. Senators amended the measure
to provide that accessibility to the cabinet would not limited to specific
hours. Another amendment stipulated that no alcoholic beverage license may
be granted if the business is within three hundred feet of a church,
school, or playground if in a municipality, or five hundred feet if not. In
response, the House amended the bill to provide that
revenue from Sunday
Sales permits in Charleston and Berkeley Counties would go into a special
redevelopment authority fund, in light of federal base closings there. As
originally drafted, H.
3170 called for
a study of the financial feasibility of allowing state employees to retire
after twenty-five years of service regardless of their age. Currently state
employees may retire with thirty years of service at age fifty-five or
older. However, the bill was gutted by the Senate to
provide $30 million
dollars in bonds for State House renovations over the next eight months.
The measure also requires that the debt be retired from surplus or reserve
fund appropriations authorized for that project during fiscal 1996-97. When
the proposed legislation was returned to the House for concurrence,
Representatives removed the Senate amendment. This returned the proposal
back to its original purpose. H. 3566
enacts the Juvenile Justice Code by consolidating various provisions into a
single articles. Senators amended the measure to
require that parents reimburse court and medical costs of juvenile
offenders. Representatives further amended the measure to authorize that a
juvenile may be tried as an adult in certain circumstances, and that courts
may suspend or restrict a juvenile offender's driver's license. The
proposed legislation also provides for fingerprinting of juveniles.
H. 3845 authorizes the Department of
Public Safety to furnish the State Election Commission with jury lists
every three years rather than annually, beginning this September.
Representatives amended the bill to authorize the State Election Commission
to furnish a jury list of registered voters, rather than registered
drivers, to county jury commissioners in December of
every year. H.
3915 originally revised the membership of the
Commission on Higher Education. It also provided for the easier transfer of
credits between institutions. However, Senators amended the bill to
authorize the leasing of three hospitals at the Medical University of South
Carolina (MUSC) to Columbia/HCA Healthcare Corporation for thirty years.
Under the measure, before the Budget and Control Board could sign any
contract it must first consult with the Department of Education. The Senate
also voted to eliminate a current perk providing free health care for
legislators at MUSC. The House amended the bill to prohibiting price fixing
at MUSC, and to restrict the use of the medical school's logo in
advertising and marketing activities. The conference
committee removed the
provision about price fixing, but kept the logo restrictions. This measure
has been enrolled for ratification.
received third reading, to be ratified
S. 739 permits a federal law enforcement
officer to enforce state criminal laws under certain
circumstances. The
bill also prohibits a federal law enforcement officer from conducting an
independent investigation into a violation of state law, and provides that
he is subject to the federal Tort Claims Act. S.
776 provides for the types of hearings at which an
interpreter for the deaf must be provided. S. 926 provides that the identity or picture of a
juvenile offender may be made public in cases of a violent crime, car
theft, drug trafficking, or where a weapon is involved. S. 929 concerns property in one municipality which is
annexed by another municipality. The bill provides that their governing
bodies, after a public hearing, may stipulate and adjust boundaries by
mutually adopting an ordinance. S. 1050
The measure provides for a referendum to amend the State Constitution to
include a "Victims' Bill of Rights" concerning justice and due process. It
authorizes victims to receive pertinent information concerning their cases.
Victims would be allowed to be present and speak at proceedings. They also
would receive restitution from their perpetrators. The joint resolution
also provides that bail may be denied to a person charged with a violent
offense. S. 1064
authorizes the use of
paper ballots in special elections when the use of voting machines is not
practical or economical. S. 1073
increases the fine for a first offense of stealing electricity from one
hundred ($100) to five hundred dollars ($500). It also adds a second or
subsequent offense of stealing electricity, which would be a misdemeanor
punishable by a fine of not more than ten thousand dollars ($10,000), a
sentence of not more than three years, or both.
S. 1147 provides that video rental merchants must
send notice by certified mail to persons failing to return videos on time,
and wait five days before a warrant may be issued for larceny. S. 1152 revises the age of victims of a lewd act
upon a minor to under sixteen years old. Currently victims must be under
fourteen years old. S.
1160 makes
numerous revisions concerning election laws. The measure revises absentee
ballots and their requirements, while providing that
challenged votes are
provisional. The Bureau of Vital Statistics is required to furnish the
State Election Commission with a monthly report of persons eighteen years
old or older who died during the previous month as opposed to those twenty-
one or older as is currently reported. Other provisions ease the calling of
special meetings of party clubs, provide for published notification of
municipal elections, designate filing requirements for candidates, and
authorize poll watchers for nonpartisan and write-in
candidates, as well as
provide requirements for poll watcher badges. The bill also deletes the
requirement that voter registration books be kept in the Clerk of Court's
Office, and provides that only a single registration book must be provided
to each polling district rather than two. It also provides that only the
county election commission may appoint the chairman of the board of
managers. S. 1198
provides that county
governing bodies may limit the duties of county code
enforcement officers. S. 1260 relates to the transfer of a
domestic animal to an animal shelter. The measure provides that the person
boarding the animal must notify the owner of the impending transfer of the
animal by certified mail within ten days of the date the animal was to have
been picked up. The bill also provides that an owner who abandons an animal
and refuses to pay boarding fees is guilty of a misdemeanor punishable by a
fine of not more than two hundred dollars ($200) or a sentence of not more
than thirty days. S.
1306
expands the
circumstances under which an officer of the Department of Natural Resources
may issue an official summons. The measure also provides that the summons
is considered a receipt for any fine deposited with the officer. S.
1327 prohibits the governor from reappointing
a magistrate who fails to meet training or certification requirements. This
measure was introduced after four magistrates who failed the test were able
to keep their jobs despite a state law requiring their removal. S.
1335 enacts the "Southern Regional Emergency
Management Assistance Compact" to provide technical help and training
between member states in managing emergencies or disasters declared by the
governor of the affected state. S. 1366
makes it a misdemeanor for anyone to operate as a carrier of household
goods or hazardous waste for disposal without proper
licensing or
certification.
received third reading, amended, returned to the Senate for
concurrence
S. 82 originally concerned circumstances
under which the granting of bail may be denied. Representatives gutted the
measure to provide instead for a referendum allowing the General Assembly
to convene on the second Tuesday in February during odd-numbered years.
Senators responded by adding a referendum allowing the House and Senate to
adjourn with consent of the other body for more than
three days, as it the
current law. Another Senate amendment provides that candidates elected by
the General Assembly must have a majority of votes in both bodies, not just
a simple majority of votes. S. 378
originally provided for special license plates for shriners. However, the
House amended the bill to include special license plates for a variety of
other groups as well, including Girl Scouts and antique dealers. Another
provision included in the bill is similar to H.
4323 which is stalled currently in the Senate
Transportation Committee. That measure raises the maximum speed limit on
interstate highways in South Carolina to seventy miles per hour, and sixty
miles per hour on multilane divided highways. State engineers would be
permitted to set speed limits higher than fifty-five
miles per hour on some
state highways. The bill also provides for a forty-five miles per hour
speed limit on unpaved roads, and a thirty miles per hour limit in an urban
district. In addition, vehicles pulling trailers are
required to travel ten
miles per hour slower than the posted speed limit. This measure was
proposed in response to revocation of national speed
limits by the federal
government, allowing states to set their own maximum
limits. S. 506 protects contractors from liability claims
filed by employers of subcontractors when the subcontractors falsely claim
to have workers' compensation insurance.
S. 556 calls for a voter referendum to
amendment the State Constitution in order to allow a
person not yet
eighteen years old, but who would become eighteen years old before the next
general election, to register to vote in that election. Representatives
amended the joint resolution to provide that felons may not vote. S.
583 statutorily enables a person not yet
eighteen years old, but who will become eighteen years old before the next
election, to register to vote. The bill also was amended to provide that felons may not vote.
S. 921 provides that all regulations
requiring review by the General Assembly would expire five years after
their effective dates unless approved for additional five year periods.
S. 943 originally
provided for a
referendum to determine whether a person convicted of a felony, federal
law, or election law offense, should be prohibited from being elected as a
judge until fifteen years after completion of the sentence. Representatives
amended the joint resolution to shorten the legislative session. The
measure provides that the General Assembly will adjourn the second Thursday
in May rather than the first Thursday in June. It also requires that the
House give third reading to the budget by March 15th each year rather than March 31st. The session would be
extended by a day for each day the budget is not in the Senate. S.
1028 abolishes a municipal election commission
in cases where the county election commission has assumed total
responsibility for municipal elections. The House amendment stipulates that
the municipal election commission cannot be abolished if only part of the
responsibilities have been transferred. In response,
Senators further
amended the bill to authorize municipalities bordering water to enforce
laws in those areas. S.
1286 prohibits
daycare centers from knowingly hiring a person convicted of a violent or
sex crime, as well as certain other offenses. Such applicants would be
guilty of a misdemeanor and subject to a fine of up to five thousand
dollars ($5,000), a sentence of not more than one year, or both. The bill
also requires that applicants be fingerprinted to determine any criminal
history.
received third reading, sent to the Senate
H. 5014 repeals a Department of
Education regulation stipulating certain organizational patterns for
schools in order for local districts to have additional flexibility to
adopt provisions which they deem appropriate. H.
5016 repeals duplicative Department of Education
regulations specifying the length and division of the school day. H.
5021 repeals Department of Education
regulations requiring report cards in order to consolidate and condense
these regulations. H.
5027 approves a
regulation of the Department of Labor, Licensing, and Regulation which
requires continuing education of professional engineers and land surveyors
for license renewal.
concurrent resolution adopted
H. 5041, the sine die resolution,
provides that the General Assembly shall adjourn on Tuesday, May 28, 1996.
After reconvening on Wednesday, June 5, 1996, lawmakers shall adjourn on
Thursday, June 6, 1996. If necessary, the Legislature shall return
Thursday, June 13, 1996 and work through Friday, June 14, 1996. During
these two periods, the General Assembly may ratify acts, and appoint
conference committees. Vetoes, conference reports, and expressions of
sympathy or congratulations may be considered too. The measure also
provides that the General Assembly may return Monday, June 24, 1996 through
Tuesday, June 25, 1996 for consideration of vetoes only.
received second reading
S. 95 provides that a person convicted of
a violent crime may not participate in the extended work release program.
An amendment to the bill addresses the transfer of juvenile offenders from
the Department of Juvenile Justice to the Department of Corrections.
Another provides the same penalties for pretending to have a deadly weapon
during an armed robbery as actually having one.
S. 1123 provides that a resident of any state may
purchase a shotgun or rifle in South Carolina. An unsuccessful attempt was
made to amend the measure so that it would include the Concealed Weapons
bill, H. 3730, as well failed.
S. 1213 authorizes a referendum to
determine whether to delete the provision that a person may vote only in
the precinct of his residence. A separate question on the ballot would ask
whether to delete the provision that a person who moves within thirty days
of an election must be allowed to vote in the precinct of his former
residence. S. 1216
brings the state
into compliance with the federal "Motor Voter" law. It enacts provisions
for multiple site voter registration, and specifies designated registration
agencies. The fiscal impact of this legislation is estimated to be $1
million dollars annually. An amendment to the bill provides size
restrictions concerning badges worn by candidates at
polling places.
continued
S. 1013 provided that a live animal may
not be given as a prize for, or inducement to enter, a game, contest or
place of amusement. Violators would be guilty of a misdemeanor punishable
for each separate offense by a fine not to exceed three hundred dollars
($300), a sentence of not more than thirty days, or both. However, the
raffling of animals still would be allowed. This bill is similar to
H. 4651, which was recommitted to the
House Judiciary Committee. H. 1100
required that the Secretary of State monitor all elected or appointed state
boards, commissions, and judicial offices to determine when vacancies
occur. The measure also required that the Secretary of State publicize
these vacancies, and a that person not seeking re-election notify the joint
committee to review candidates at least thirty days prior to the last
filing day for that office or position. However, an amendment to the bill
made its implementation contingent upon adequate funding. H. 3446, known as the "Hog Farm Bill," was amended
by the Senate to prohibit new and expanding swine feeding facilities
involving more than three thousand (3,000) swine per
square mile until the
Department of Health and Environmental Control (DHEC) finishes developing
stricter regulations and standards for livestock and
poultry farms.
Currently DHEC is working on such regulations, but they may not be ready
until next year. Earlier proposed provisions concerning minimum setback
limits and lining requirements for lagoons, were not
included in the final
bill. Most hog farms in South Carolina would not be affected by the
proposed legislation since they have fewer than one thousand (1,000) pigs.
H. 4541 increased fines and penalties
for unlawful destruction or desecration of human remains or graves.
Senators amended the bill to provide for an African-American Heritage
monument on the State House grounds. The monument would be built with
private funds after the design is approved by the General Assembly. It also
provided for a study of the feasibility of an African-American History
Museum as well.
recommitted/referred
S. 66 was referred to the Ways and Means
Committee since it appropriates funds. The bill requires counties and
municipalities to adopt nationally or regionally accepted building codes
for new construction. H.
1263 was
recommitted to the Agriculture, Natural Resources, and Environmental
Affairs Committee. The measure revises animal cruelty laws, and provides
that offenses may be tried in municipal court as well as magistrate's
court. It includes fowl in these provisions, and requires that an offender
forfeit ownership and pay medical and boarding expenses of the animal or
fowl. H. 4251 was recommitted to the
Judiciary Committee. The bill provides that drivers are responsible for
requiring anyone under eighteen years old, rather than the current
seventeen years old, to wear safety belts in vehicles. Drivers who do not
comply would be guilty of failure to secure a safety belt on a minor. This
offense is punishable by a waivable fine of not more than twenty-five
dollars ($25). The bill was amended to provide that drivers may not be
stopped for this offense in the absence of another violation, except at
license and registration checkpoints.
recalled
S. 941 was recalled from the Labor,
Commerce, and Industry Committee. The measure promotes Major General T.
Eston Marchant to the rank of Lieutenant General of the South Carolina Army
National Guard as of January 10, 1995. S. 1219 was recalled from the
Education and Public
Works Committee. The bill authorizes school districts to begin offering a
voluntary full-day kindergarten program for five year olds beginning with
school year 1996-97. Districts would not have to provide matching funds for
the program. For the first year, parents of eligible
students would have to
notify districts by July 15, 1996. S. 1366 was recalled from the
Judiciary Committee.
The measure provides that a carrier of household goods or hazardous waste
for disposal who violates certification and registration requirements is
guilty of a misdemeanor. Thebill was received third reading last week, and
was enrolled for ratification.
contested
S. 35 creates a Privatization Policy
Board to determine whether services currently provided by a state agency
might be provided more efficiently by the private sector. S. 72 originally provided that a couple may divorce
after living apart for at least one year, whether the separation is
voluntary or involuntary. It was amended to provide that the separation
must be voluntary. Another amendment provides that a
divorce may be granted
after three years when a couple has been separated due to a person's
involuntary confinement in an institution for mental
incompetency or
imprisonment of at least fifteen years. S. 73 provides for a referendum in order to amend the
State Constitution allowing divorce when a couple has been separated
voluntarily for at least one year, or separated involuntarily for at least
three years due to confinement for mental incompetency or imprisonment of
at least fifteen years. S.
95 provides
that a person convicted of a violent crime may not participate in the
extended work release program. An amendment to the bill addresses the
transfer of juvenile offenders from the Department of Juvenile Justice to
the Department of Corrections. Another provides the same penalties for
pretending to have a deadly weapon during an armed robbery as actually
having one. The bill received second reading last week. S. 1123 provides that a resident of any state may
purchase a shotgun or rifle in South Carolina, not just contiguous states.
This bill received second reading last week. S.
1213 authorizes a referendum to determine whether
to delete the provision that a person may vote only in the precinct of his
residence. A separate question on the ballot would ask whether to delete
the provision that a person who moves within thirty days of an election
must be allowed to vote in the precinct of his former residence. This bill
received second reading last week. S. 1216 brings the state into
compliance with the
federal "Motor Voter" law. It enacts provisions for multiple site voter
registration, and specifies designated registration agencies. The fiscal
impact of this legislation is estimated to be $1 million dollars annually.
An amendment to the bill provides size restrictions concerning badges worn
by candidates at polling places. This measure also received second reading
last week as well.
SENATE
conference committee report adopted, to be ratified
Senators granted free conference powers, then adopted the report on
S. 846, which provides for the issuance
of special Olympic license plates. The biennial fee for this tag is fifty
dollars ($50). Conferees amended the bill to provide that all of the
revenue raised from these sales be distributed to South Carolina Special
Olympics, rather than half of the proceeds going to the United States
Olympic Committee. This was done in light of the late passage of the
measure. S. 949 provides students with
a fourth opportunity this year to pass the Education
Entrance Examination
(EEE) to enter a teaching program. The House amended the bill to require
that a student taking the EEE a third or fourth time must first complete a
remedial course, after waiting five years between tests. The number of
attempts to pass the EEE was capped at three. However, Senators refused to
adopt these provisions. Conferees compromised by retaining the requirement
for remedial instruction before a third or fourth attempt, but providing
that applicants only have to wait three years between tests rather than
five. H. 3915 originally revised the
membership of the Commission on Higher Education. It also provided for the
easier transfer of credits between institutions. However, Senators amended
the bill to authorize the leasing of three hospitals at the Medical
University of South Carolina to Columbia/HCA Healthcare Corporation for
thirty years. Under the measure, before the Budget and Control Board could
sign any contract it must first consult with the Department of Education.
The Senate also voted to eliminate a current perk providing free health
care for legislators at MUSC. The House amended the bill to prohibiting
price fixing at MUSC, and to restrict the use of the
medical school's logo
in advertising and marketing activities. The conference committee removed
the provision
about price fixing, but kept the logo restrictions.
Senators granted free
conference powers, then adopted the report on a couple of judicial reform
bills. However, when the House rejected the proposal, the Senate
reconsidered approval. H.
3961 provides
for a referendum amending the State Constitution in order to establish a
ten member Judicial Merit Selection Commission. Four of the ten members
will not be legislators. Five members will be appointed by the House--three
of which will be legislators while the others represent the general public.
The other five members will be appointed by the Senate--two by the
President Pro Tem and three by the Senate Judiciary Chairman. Commission
members could not apply for a judgeship for a year after leaving the
Commission. Only three candidates per office could be nominated. The
commission would investigate and review candidates, in order to eliminate
weak ones. Legislators would not be allowed to vote for any candidate found
"unqualified." The measure also increases the minimum age of judges from
twenty-six to thirty-two years old, and requires that candidates be
licensed at least eight years rather than five. It provides that a
legislator must be out of the General Assembly for at least one year before
applying for a judgeship, or for a year after failing to file for re-
election. Vote swapping is prohibited. Violators would be guilty of a
misdemeanor punishable by a fine of up to one thousand dollars ($1,000) or
a sentence of up to ninety days. Also, successful candidates must receive a
majority of votes from both the House and the Senate, rather than a simple
majority of the total number of legislators. In addition, the bill provides
for nonjudicial screening by a joint legislative committee. H. 3962 provides for two referendums concerning
judicial reform. Voters would determine whether to raise the minimum age of
judges to thirty-two years old, and the minimum experience to eight years.
A separate question asks whether a Judicial Merit Selection Committee
should be created.
conference committee appointed
Senators Wes Hayes, William O'Dell, and Joe Wilson were appointed as
conferees on S. 507.
The bill provides
that a person applying to operate a private detective business must meet
the same qualifications as those applying to become a private detective.
The House amendment authorizes retired commissioned law enforcement
officers to carry weapons. Senators Holly Cork, Wes Hayes, and Kay
Patterson were appointed as conferees on S. 1081. That measure authorizes the withholding of
state funds from local governments which are delinquent in paying premiums
to the state health and dental insurance plans. The House amendment
provides that a retired legislator with at least eight years service may
receive state insurance at the same rate as current employees. Senators
Robert Ford, Tom Moore, and Verne Smith were appointed as conferees on
H. 3915. The measure originally revised
the membership of the Commission on Higher Education. It also provided for
the easier transfer of credits between institutions.
However, Senators
amended the bill to authorize the leasing of three hospitals at the Medical
University of South Carolina to Columbia/HCA Healthcare Corporation for
thirty years. Under the measure, before the Budget and Control Board could
sign any contract it must first consult with the Department of Education.
The Senate also voted to eliminate a current perk providing free health
care for legislators at MUSC. The House amended the bill to prohibiting
price fixing at MUSC, and to restrict the use of the
medical school's logo
in advertising and marketing activities. The conference committee removed
the provision about price fixing, but kept the logo restrictions. The bill
has been enrolled for ratification.
concurrence in House amendments, to be ratified
S. 571 concerns sales tax exemption
certificates used in making various tax exempt purchases. The bill deletes
the requirement that the purchaser sign the invoice.
S. 1084 codifies and condenses provisions concerning
sale of beer, wine, and alcoholic beverages into a single chapter. The
House amendment provides that fines will be deposited in the State General
Fund and spent on public education. S. 921 provides that all regulations requiring review
by the General Assembly would expire five years after their effective dates
unless approved for additional five year periods.
S.
1162 allows a dealer plate to be issued for a
vehicle which the dealer lends to an economic development entity. Among
other things, the comprehensive House amendment transfers the Division of
Motor Vehicles from the Department of Revenue to the
Department of Public
Safety. It also removes the requirement that a person's driver's license be
suspended for failure to pay property taxes, while providing for
garnishment of funds for that purpose. In addition, the measure eliminates
the requirement of passing a written test for applicants who have
successfully completed a drivers' training course. Commercial driver's
license renewal will be extended to five years to match the renewal
schedule for standard driver's licenses, too. H.
3556 enacts the Juvenile Justice Code by
consolidating various provisions into a single articles. Senators amended
the measure to require that parents reimburse court and medical costs of
juvenile offenders. Representatives further amended the measure to
authorize that a juvenile may be tried as an adult in certain
circumstances, and that courts may suspend or restrict a juvenile
offender's driver's license. The proposed legislation also provides for
fingerprinting of juveniles. H. 4585
provides that no insurance policy containing drug coverage shall exclude
experimental drugs used in treating cancer which have not been specifically
approved for that purpose by the federal Food and Drug Administration (FDA)
when these drugs have been advocated as successful treatments by at least
two medical journals. Senators amended the bill to require payment for
drugs used in organ transplants as well. The House amendment tidied up the
language, without making major changes.
nonconcurrence in House amendments, to a conference committee
S. 943 originally
provided for a
referendum to determine whether a person convicted of a felony, federal
law, or election law offense, should be prohibited from being elected as a
judge until fifteen years after completion of the sentence. Representatives
amended the joint resolution to shorten the legislative session. The
measure provides that the General Assembly will adjourn the second Thursday
in May rather than the first Thursday in June. It also requires that the
House give third reading to the budget by March 15th each year rather than
March 31st. The session would be extended by a day for each day the budget
is not in the Senate. H.
3915
originally revised the membership of the Commission on Higher Education. It
also provided for the easier transfer of credits between institutions.
However, Senators amended the bill to authorize the leasing of three
hospitals at the Medical University of South Carolina to Columbia/HCA
Healthcare Corporation for thirty years. Under the measure, before the
Budget and Control Board could sign any contract it must first consult with
the Department of Education. The Senate also voted to eliminate a current
perk providing free health care for legislators at MUSC. The House amended
the bill to prohibiting price fixing at MUSC, and to
restrict the use of
the medical school's logo in advertising and marketing activities. The
conference committee removed the provision about price fixing, but kept the
logo restrictions. Senators granted free conference powers, then adopted
the report on a couple of judicial reform bills. However, when the House
rejected the proposal, the Senate reconsidered approval.
nonconcurrence in House amendments, amended, returned to
House
S. 82 originally concerned circumstances
under which the granting of bail may be denied. Representatives amended the
measure to provide for a referendum allowing the General Assembly to
convene on the second Tuesday in February during odd-numbered years.
Senators added a referendum allowing the House and Senate to adjourn with
consent of the other body for more than three days, as it the current law.
Another Senate amendment provides that candidates elected by the General
Assembly must have a majority of votes in both bodies, not just a simple
majority of votes. S.
1028 abolishes a
municipal election commission in cases where the county election commission
has assumed total responsibility for municipal elections. An amendment to
the bill stipulates that the municipal election commission cannot be
abolished if only part of the responsibilities have been transferred. The
Senate amendment authorizes municipalities bordering
water to enforce laws
in those areas.
received third reading, to be ratified
H. 3987 revises fees for farm truck
licenses, reflecting the gross weight of the vehicle
rather than the
maximum empty weight. H.
4522 prohibits
the clerk of court from charging a fee for filing a petition for an order
for protection from domestic abuse. The bill also provides that no mutual
order of protection may be granted unless both parties consent, or the
court believes there is need for such an order.
H. 4546 allows an electric utility to sell or
transfer property without a prior hearing before the
Public Service
Commission, as currently required. H. 4568 authorizes the establishment of South
Carolina Veterans Homes to be run by the Department of Mental Health (DMH).
Similar to federal Veterans' Administration nursing homes, the state-run
homes will provide treatment for South Carolina veterans whose physical or
mental condition require long-term care. DMH will consult with the Division
of Veterans Affairs in the Governor's Office concerning the policies,
management, and operation of the veterans homes.
H.
4726 extends the prohibition against taking
striped and white bass hybrids from certain areas of the Savannah River
until July 1, 2001. The bill also expands the area included in the
moratorium to include up to the Augusta Lock and Dam
rather than the New
Savannah Bluff Lock Dam as it is currently. H.
4727 prohibits the taking of striped bass less
than twenty-one inches in the following rivers: Weotuma, Pee Dee, Black,
Sampit, Cooper, Ashley, Edisto, Ashepoo, Combahee, Coosawhatchie, New, and
Savannah. Catch limits are set at five fish. H.
4774 provides an optional method of valuing
Homeowners' Association Property for tax purposes. The measure amends the
code to define such property, and requires that owners of real property or
their agents make a written application to the county assessor to qualify
for this provision. H.
4779 approves a
regulation of the Department of Health and Environmental Control (DHEC)
which reauthorizes the State Underground Petroleum Environmental Response
Bank, or SUPERB, Fund. The regulation also provides for clean up of the
storage tanks according to site specification. H.
4973 approves regulations of the Commissioners of
Pilotage for the Port of Charleston. These regulations strengthen the
authority of bar and harbor pilots during docking maneuvers, and increase
registration fees.
received third reading, amended, returned to House for
concurrence
H. 3116 concerns
safety requirements
for persons water skiing or being towed while riding
kneeboards. An
amendment was adopted which prohibits the use of airboats on the Waccamaw,
Great and Little Pee Dee, Black, and Sampit Rivers in Georgetown County.
H. 3269 authorizes a licensed
continuing care retirement community that operates a home health agency and
a nursing home to share certain services between these two entities. The
measure also exempts the facility from having to obtain a certificate of
need prior to licensure under certain circumstances. The Senate amendment
provides the communities must be multi-level with skilled nursing
facilities. It also prohibits billing in excess of costs. H. 3273 provides that purple heart license plates
are permanent. It also eliminates the biennial license tag fee. Senators
amended the bill to provide for square dance commemorative license plates,
also. H. 3285 authorizes the court to
order joint custody when in the best interest of the
child. Senators
amended the bill to provide that the court may not prohibit a custodial
parent from moving within the State unless there is a compelling reason.
H. 3447, concerning dangerous animals,
provides for surety bonds of at least fifty thousand
dollars ($50,000), as
well as liability insurance. The bill also empowers animal control officers
to seize and impound dangerous animals while a trial is pending. H.
3730 enacts the "Law Abiding Citizens Self-
Defense Act of 1995." Similar legislation has been passed in thirty other
states. H. 3730 revises current
concealed weapons provisions, and calls for a public
referendum to
determine whether these provisions should be adopted. The proposed
legislation would allow more South Carolinians to carry concealed weapons
(currrently there are 2,700 permits), but would limit the places where
these weapons would be allowed. The measure: 1) eliminates the business
needs based test for approval of permits; 2) provides for a one year permit
rather than the current two year permit; 3) expands
places where concealed
weapons are restricted; and 4) permits owners to fire weapons in order to
protect their property, not just their lives as current law stipulates. The
measure authorizes certain individuals to carry concealed weapons less than
twelve inches in circumference or length. It also recognizes permits issued
in other states. To receive a permit, a person first must complete a
handgun education course or show that he can properly handle a gun. He also
must submit to a background and fingerprint review for prior criminal
history, and pay a fifty dollar ($50) application or
renewal fee. The State
Law Enforcement Division (SLED) will keep a list of all permit holders. If
a person's permit is revoked, he must forfeit the permit or be guilty of a
misdemeanor punishable by a fine of twenty-five dollars ($25). The same is
true of a person who fails to notify a law enforcement officer that he is
carrying a concealed weapon when asked for identification. A lost permit
will cost five dollars ($5) to replace. Failure to inform SLED of a lost
permit is a misdemeanor which carries a twenty-five dollar ($25) fine and a
one year revocation of the permit. The bill also stipulates numerous places
where concealed weapons would be restricted. Some of
those include public
buildings, law enforcement facilities, courtrooms, polling places,
government meetings (except those of the General Assembly), medical
facilities, schools, churches, daycare facilities, and beaches. Also,
concealed weapons would not be allowed anywhere is it posted that they are
prohibited. Violators would be guilty of a misdemeanor punishable by a fine
of more than one thousand dollars ($1,000), a sentence of up to one year,
or both. Also, his permit may be revoked for five years. The measure also
provides that a person who carries a gun into a business
which sells alcohol is guilty of a misdemeanor punishable by a fine of up
to two thousand dollars ($2,000), a sentence of up to three years, or both.
H. 3740 revises the Migrant Farm
Workers Commission by adding an additional member and changing the name to
reflect seasonal workers as well. The Senate amendment provides for a pre-
occupancy housing inspection program only if adequate state funds are
available. H. 3838,
concerning workers'
compensation, originally provided for a presumption of total and permanent
disability in cases where there is a fifty per cent or more loss of the use
of the back. The bill was amended to become a broader revision of workers'
compensation laws. It provides that in most cases work-related stress
unaccompanied by physical injury is not compensable, and establishes terms
under which temporary disability payments may be terminated. H. 3845 authorizes the Department of Public Safety
to furnish the State Election Commission with jury lists from drivers'
licenses every three years rather than annually, beginning this September
rather than in November as is done currently. H.
3992 provides that fees assessed by the Family
Court may be imposed only after a hearing, and may not be charged if the
defendant is indigent H.
4382
originally concerned a required statement regarding orders for protection
from domestic abuse. It made a technical revision reflecting the fine
increase from two hundred ($200) to five hundred ($500) dollars. However,
the Senate amended the measure to require assessment and intervention
measures for substance abuse by pregnant women.
H. 4012 establishes a special
thirty dollar ($30)
license decal for intrastate logging trucks, and specifies acceptable load
lengths. One Senate amendment requires the State Highway Patrol to
investigate motor
carrier accidents. Another authorizes a study of toll roads in the state.
H. 4277 conforms
state laws prohibiting
employment discrimination with the Federal Americans with Disabilities Act.
The bill was amended by the Senate to address distribution of
telecommunications devices for the hearing impaired.
H. 4338 was recalled from the
Fish, Game and
Forestry Committee, given third reading, and returned to the House for
concurrence in amendments last week. The bill originally authorized Sunday
deer hunting on private property in Game Zones 1, 2, and 4. However,
Senators amended it to provide that, in Game Zone 4 only, the Department of
Natural Resources may not establish during the season more than two
consecutive days where deer hunting is prohibited on
private property. H. 4344 enables the court to require
monetary restitution from a juvenile offender in the
amount determined by
the court. H. 4372
provides civil
action for injunction relief and monetary awards when the release of
reserved water damages property. The amendment provides that owners of
small dams shall not be held liable for damages resulting from a natural
disaster. H. 4431
establishes a special
weighting in the Education Finance Act (EFA) formula to provide additional
funding for the needs of autistic students. The Senate amendment provides
requirement revisions for home schooling. H. 4425, a surplus appropriations bill, originally
set aside an additional thirty million dollars to fund economic development
recruitment efforts in our state. The bill also included money for
renovations at the State House and the Department of
Juvenile Justice, and
funding for the Redevelopment Authorities for the Charleston Naval Base and
the Myrtle Beach Air Force Base, as well as various education projects.
Several other items in the supplemental bill had been vetoed from last
year's budget by Governor David Beasley. These included subsistence and
operating money for the House and the
Senate, and funding for the University of South Carolina's Law School.
However, Senators included these appropriations in this year's budget
instead. So they gutted the bill and amended it to advance $10 million
dollars for State House renovations instead. H.
4434 provides that a person's driver's license is
permanently revoked after a fifth driving under the influence (DUI)
offense, rather than after the third as the House adopted. However, the
reinstatement process was not changed. To apply for a one-time only
driver's license reinstatement, a person must have had no violations during
the preceding five years, completed a drug treatment
program, and paid a
fifty dollar ($50) fee. H. 4526
provides that unauthorized entry into any building in which the General
Assembly meets is illegal. The measure includes Carolina Plaza where the
Legislature is meeting while the State House is being renovated. Senators
amended the bill to authorize an African-American Heritage monument on the
State House grounds. The amendment also provides for a study of the
feasibility of an African-American History Museum as
well. H. 4589 increases the maximum
penalty for a driver's
failure to stop when involved in an accident causing
injury or death. The
House provided that rather than the current sentence of thirty days to one
year, violators could face up to fifteen years in prison. However, Senators
stiffened the maximum sentence to twenty-five years and the maximum fine to
twenty-five thousand dollars ($25,000). H. 4614 enacts the Children's Code Reform Act of
1996. Its purpose is to refine and hasten the Foster Care process. The
proposed legislation requires
that a hearing to assure probable cause for removal from the home be held
within seventy-two hours after a child is taken into
custody, rather than
the current ten days. That hearing could be conducted by videoconference or
a telephone conference call if necessary. The measure tightens standards
for removal from the home by requiring that the child be in "substantial"
danger. It authorizes a caseworker to determine whether a child should be
taken into custody rather than a law enforcement officer, and provides
immunity for that decision as long as it is made in good faith. The bill
delays taking the child into actual custody for twenty-four hours so that a
preliminary investigation may be made by the Department of Social Services
(DSS). An investigation must begin within twenty-four hours after the
initial report. A final report must be made within forty-five days, with a
single extension of up to fifteen days when necessary. Currently this
report is required within sixty days. The measure requires a hearing to
determine permanent placement after a child has been in foster care for a
year. It also authorizes DSS to create a temporary crisis placement
facility where parents may voluntarily place
their children for up to seventy-two hours during a
family crisis.
H. 4637 originally was similar to
S. 1195 which has been ratified. The
bill defined the mission of higher education in South Carolina, and
required accountability from these institutions. The bill also provided the
Commission on Higher Education with regulatory authority for the first
time. The Commission was authorized to close institutions which do not meet
standards, and to eliminate programs where duplication is unnecessary. The
measure established critical success factors for academic quality, and
prescribes performance indicators to measure these factors. In addition, it
revised the method of determining budgets of higher education institutions,
and based those budgets in part on achievement of standards rather than the
number of students served. Since the Senate version of the bill was
adopted, this House sponsored bill has been gutted to become the "Winthrop
University Facilities Revenue Bond Act" instead. Among other provisions, it
authorizes bonds in order to acquire an off-campus bookstore. H. 4789 enacts the "Uniform Interstate Family
Support Act." The proposed legislation requires that an applicant for a
license in the state provide his social security number. Employers are
provided greater incentives and tax breaks for hiring Welfare recipients.
Senators provided that this is subject to a federal waiver a provision that
transitional Medicaid and child care benefits be provided for two years,
rather than one year, to Welfare recipients who lose
eligibility by
exceeding the two year time limit. H. 4796 permits owners of semitrailers to pay a
onetime fee of eighty-seven dollars ($87) in lieu of
property taxes and
registration. The bill also requires the Department of Public Safety to
assess the value of motor carriers subject to property tax. While the
measure would have no immediate fiscal impact, it is estimated that local
governments could receive a fifty per cent increase in future property tax
revenues from motor carriers. H. 4834
provides numerous revisions to state tax laws. The bill authorizes
alternative means for signing, and storing returns, as well for submitting
payments. It redefines liabilities of innocent spouses where the primary
responsibility for the incurred tax rests with the other spouse, and
provides a tax exemption for certain medical supplies.
received third reading, sent to the House
S. 941 promotes Major General T. Eston
Marchant to the rank of Lieutenant General of the South Carolina Army
National Guard as of January 10, 1995. S. 942 increases the fine for not appearing for jury
duty in magistrate's court from ten dollars ($10) to up to fifty dollars
($50). The measure also increases the sentence for contempt of court from
twelve hours to up to forty-eight hours. S. 1421 approves numerous regulations of the
Department of Labor, Licensing, and Regulation concerning combative sports.
One provision requires drug screening of contestants.
received second reading
S. 1313 exempts swimming pools owned by
homeowners associations from having to get construction and operation
permits. H. 3141
authorizes public
service districts to fix or change members' compensation and other
benefits. H. 3201
authorizes local
school boards to make school district facilities smoke free. The bill also
establishes a fine of not less than one hundred dollars ($100) for offering
a tobacco sample to a minor. The Department of Revenue and Taxation is in
charge of enforcement. H.
3338 concerns
election reform. Proposed in response to Operation Lost Trust and other
campaign irregularities over the years, the measure bans felons from
serving in public office. It also increases the maximum sentence for vote
buying from five years to ten years for a first offense. A second offense
would be subject to a fifteen year sentence, rather than a ten year
sentence. The bill requires that any payment on behalf of a candidate must
be made by check. No payment may be made in cash. Payment of volunteers for
transporting voters to the polls would be capped at fifty dollars ($50).
However, even though the measure received second reading last week, it did
not have the two-thirds support needed for passage. H.
3879 gives Natural Resources Officers statewide
police power. A Senate amendment requires a training
program be established
for deputies commissioned after July 1, 1980. H.
4518 provides for a referendum amending the State
Constitution to allow investment in stocks. Currently state and local
governments may invest only in fixed income securities, such as bonds and
savings accounts. (Investment in the stock market was banned after severe
losses during the last century.) While the State Retirement Fund and the
State Police Officers Retirement System are currently solvent, both the
State Treasurer and
an independent actuarial report indicate that increasing membership will
strain future pension expenditures. This joint resolution allows voters to
determine whether state and local governments should
broaden their
portfolios to include stocks, which are traditionally more volatile and
produce greater returns. H. 4699
defines "rollback millage" by providing a formula for its determination as
it relates to the Homestead Exemption from school operating taxes. Millage
is derived by dividing the prior year's property tax
revenues by the
adjusted total assessed value. H. 4706
revises the "Enterprise Zone Act" passed last year, and the "Economic
Development Industrial Cluster Act," which become law earlier this year.
Under the measure, counties are divided into a four tier system--
developed, moderately developed, underdeveloped, and
least developed.
Greater tax breaks are given to industries locating in least developed and
underdeveloped counties which are usually rural. Industries with major
investments could negotiate with local governments for lower property
taxes, so that they may pay three per cent rather than the current six per
cent for a period of thirty years rather than the current twenty years. The
bill also creates the Rural Infrastructure Fund to pay for putting in water
and sewer, roads, and infrastructure for industries which locate in remote
areas of the state. Money for the fund will come from incentives paid by
companies in the top two tiers. The measure currently is in the Senate
Finance Committee. The Finance Committee amendment, which has not been
adopted yet, caps the tax ratio at four per cent, rather than three, for
twenty-five years, rather than thirty. It also proposes that developed and
moderately developed counties have access to up to twenty-five per cent of
dollars in the Rural Infrastructure Fund when the fund exceeds $5 million
dollars. H. 4755
revises Workers'
Compensation laws in the state. It requires that all
employers participate
in the state system, and does not provide for opting out. The proposed
legislation gives employers greater ability to stop temporary payments, and
limits compensation for occupational stress. The bill also prevents
healthcare providers from harrassing workers for payment of bills. It
provides the State Insurance Department with greater
control over the
assigned risk plan for workers' compensation insurance, and requires that
the Director give prior approval to the assigned risk, and provides for
competitive bidding of the assigned risk pool.
continued
S. 1322 provided for a referendum
concerning the length of the legislative session. Voters would have been
asked if after convening in January each year, the Senate and the House
should be allowed to meet in committees for a period to be determined by
each body. The joint resolution was designed to speed up the legislative
process by passing bills more quickly through committees and onto the
calendars. Since a similar measure, S. 943, is headed to a conference committee, the
Senate continued the bill.
recalled
H. 3198 was recalled from the
Transportation Committee. The measure requires handicapped parking signs
erected after January 1, 1997 to reflect the two hundred dollar ($200) fine
for unlawful use. Three bills were recalled from the
Judiciary Committee.
H. 3230 prohibits an election official
from involvement of any kind in any campaign. H.
3314 prohibits a member of the State Election
Commission from involvement of any kind in any campaign. Violators may be
removed by the Governor. H. 3338 was
recalled from the Judiciary Committee, and received second reading last
week. In response to Operation Lost Trust and other campaign irregularities
over the years, the measure concerns election reform. It increases the
maximum sentence for vote buying from five years to ten years for a first
offense. A second offense would be subject to a fifteen year sentence,
rather than a ten year sentence. The bill requires that any payment on
behalf of a candidate must be made by check. No payment may be made in
cash. Payment of volunteers for transporting voters to the polls would be
capped at fifty dollars ($50). H. 3423
was recalled from the Finance Committee. The measure
concerns the State
Retirement System and the State Police Officers Retirement Sytem. It allows
members buying service credits for nonmember service to purchase less than
the total for which they are eligible. However, the remainder may not be
purchased at a later date. H. 3883
requires that a newly purchased vehicle display a placard containing
certain information during the grace period before the registration and
license plate are received. Information to be included on the placard
is the owner's name and driver's license number, purchase date, and the
date the grace period expires. Violators would be subject to a twenty-five
dollar ($25) fine. Those displaying false information would be fined up to
two hundred dollars ($200). Three-fourths of that fine would be remitted to
the State Reinsurance Facility. H. 4338 was recalled from the
Fish, Game and
Forestry Committee, given third reading, and returned to the House for
concurrence in amendments last week. The bill originally authorized Sunday
deer hunting on private property in Game Zone 4. However, Senators amended
it to provide that, in Game Zone 4 only, the Department of Natural
Resources may not establish during the season more than two consecutive
days where deer hunting is prohibited on private property. H. 4861 was recalled from the
Labor, Commerce, and
Industry Committee. The bill creates the Real Estate
Commission under the
administration of the Department of Labor, Licensing, and Regulation. It
conforms this Commission to a uniform framework for the organization and
operation of other professional and occupational boards. H. 4973 was recalled from the
Transportation
Committee. The joint resolution approves regulations of the Commissioners
of Pilotage for the Port of Charleston. The regulations strengthen the
authority of bar and harbor pilots during docking maneuvers, and increase
registration fees. The measure received third reading last week, and was
enrolled for ratification. H. 4991 was
recalled from the Agriculture and Natural Resources Committee and adopted.
The concurrent resolution memorializes the United States Forest Service to
deny a mining permit on public lands in the Upper Chauga River Watershed.
COMMITTEE ACTION
No committees or subcommittees met last week.
BILLS INTRODUCED
AGRICULTURE, NATURAL RESOURCES, AND ENVIRONMENTAL
AFFAIRS
No bills were assigned to this committee last week.
EDUCATION AND PUBLIC WORKS
H. 5046
ANTIQUE LICENSE
PLATES Rep. Meacham
This bill allows for a vehicle over thirty years old to be driven
displaying the license plate of its model year as long as the current plate
is kept within the vehicle and displayed upon request of law enforcement
officers.
H. 5053
STUDENT PARENTS Rep. Harvin
This bill requires a parent who is under the age of eighteen and attending
public school to attend parenting classes implemented by local school
districts with the assistance of the State Department of Education.
JUDICIARY
S. 942
MAGISTRATE'S COURT
JURORS Sen. Giese
The proposed legislation increases the fine for not appearing for jury duty
in magistrate's court from ten dollars ($10) to up to fifty dollars ($50).
The measure also increases the sentence for contempt of court from twelve
hours to up to forty-eight hours.
S. 956
REVENUE FROM BEER AND WINE
PERMITS Sen. Rankin
This measure, concerning Sunday alcohol sales, authorizes that revenue from
the permits be distributed to the local governments which collected the
money in counties where over seven hundred fifty federal jobs had been
lost. This money could be spent on tourist-related capital improvements,
such as civic centers and parks.
H. 5054
NONCUSTODIAL TEEN
PARENTS Rep. Harvin
The bill requires a noncustodial parent under eighteen years old who cannot
find a job, to complete twenty hours of community service a week.
LABOR, COMMERCE, AND INDUSTRY
S. 1421
COMBATIVE SPORTS Senate General Committee
This joint resolution recommends approval for regulations promulgated by
the Department of Labor, Licensing and Regulation, State Athletic
Commission which pertain to combative sports.
MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS
S. 941
MAJOR GENERAL MARCHANT Sen. Wilson
This bill would promote Major General T. Eston Marchant to the rank of
Lieutenant General of the South Carolina Army National Guard.
WAYS AND MEANS
No bills were assigned to this committee last week.
FOOTNOTE
The Legislative Update is now on-line! Members and staff who are on the
network may access documents by pressing "List Files
(F5)," THEN TYPING
"H:\UPDATE" and pressing "enter." All of the Legislative Updates will be
listed by week. Using up/down arrows, choose the Legislative Update which
corresponds to the week you need and press "enter."
If you need or prefer to access the Legislative Update through the World
Wide Web, visit the South Carolina General Assembly Home Page
(www.lpitr.state.sc.us). On the first page, click on the "Quick-Find
Guide." Click on "Reports" on the next page. This will list all of the
Legislative Updates by week. Then click on the week you need.
INDEX
Follow the links in this index to pull up the paragraph in this issue
discussing the bill concerned. Follow the link in that paragraph to pull
up the bill's text, history, and status.