January 21, 1997
Vol. 14, No. 1
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, January 21, 1997
WEEK IN REVIEW
On Tuesday, January 14, the one hundred twelfth General Assembly convened in the state's
capital. In its first week of business, the South Carolina House of Representatives focused
primarily on redrawing twenty-three election districts for the House and amending its rules of
On Wednesday, January 15, the Judiciary Committee sent the House reapportionment plan,
H. 3002, to the House floor. The next day the
bill was set for special order,
amended, and read
the second time. September's U.S. District Court ruling which declared six House districts and
three Senate districts unconstitutional set an April 1, 1997 deadline for preclearance by the U.S.
Department of Justice for a remedial redistricting plan adopted by the General Assembly. Should
the General Assembly fail to obtain preclearance by the deadline, the court will put in place a
remedial plan of its own design.
The District Court found that House Districts 12, 54, 82, 91, 103, and 121 were drawn with
racial composition as a predominant factor which outweighed such traditional districting
as compactness of shape and integrity of local government units. Configurations of districts as
drawn under H. 3002 aim for greater
compactness and fewer divisions of
traditionally whole cities
and counties. The plan eliminates or makes broader and more regular many of the appendages
criticized by the justices for reaching from one county into its neighbor. Where municipalities
were traditionally contained in single districts remain divided, dividing lines are correlated with
testimony gathered in public hearings which indicate the existence of distinct, disparate
communities of interest. Pending approval, the plan requires special elections in twenty-three
districts (Districts 11, 12, 13, 14, 39, 53, 54, 55, 81, 82, 83, 84, 86, 90, 91, 101, 103, 106,
108, 120, 121, 122, and 124) affecting residents in the following counties: Abbeville, Anderson,
Greenwood, McCormick, Saluda, Laurens, Lexington, Chesterfield, Marlboro, Dillon, Aiken,
Edgefield, Orangeburg, Bamberg, Barnwell, Colleton, Allendale, Williamsburg, Georgetown,
Hampton, and Jasper. The deadline for filing notice of candidacy is set for June sixteenth,
primary elections are scheduled for the second Tuesday in August, and special elections will
on the first Tuesday following the first Monday in November
The Rules Committee introduced a House Resolution, H.
changes to the House's
procedural rules which had been adopted during the December 1996 Organizational Session. These changes were considered and adopted with an amendment on Wednesday, January 15. Many of the changes were technical, designed to achieve better organization, conform the Rules
to precedents and practice, modernize language, and correct inaccurate references. Some of the
more significant provisions are as follows.
Rule 3.7 was revised to prohibit anyone, while on the House floor during session, concerning
himself or herself with the passage or consideration of any matter, unless they are sitting
members of the General Assembly or House staff. House staff are allowed to involve themselves
only in the "usual and ordinary performance of their duties as an employee of the House," and
they are specifically prohibited from taking a "personal" interest in the passage or consideration
Rule 4.8 was amended to grant the Speaker discretion to commit a House Bill or Joint Resolution
to a committee, if the legislation has been returned from the Senate with an amendment that
materially changes the bill's contents, so that the amended bill is no longer substantially germane
to the legislation as it passed the House. If the Speaker makes such a referral, the committee of
reference may report the bill out with a recommendation. The bill is then required to be placed
the Calendar under second reading and proceed through the Calendar.
Rule 5.17 was amended to allow members to "request debate" on legislation. "Requests for
debate" and "objections" to a bill may be combined, so that alone or in combination, five will
a statewide bill on the Contested Calendar and three will place a local bill on the Contested
Rule 5.3 was amended to tighten the standard, which Part II provisos (permanent statutes) in
General and Supplemental Appropriation Bills must satisfy to be germane. Rather than only
to directly relate to an appropriation being made or revenue provided, Part II provisos under the
amended Rule must relate directly to the "purpose" of an appropriation or revenue.
The amendments also eliminate pairing of votes, require the motion to resolve the House into a
Committee of the Whole to specify the subjects to be considered and limit the Committee of the
Whole to discussing only subjects specified in the motion, allow the House to amend its Rules by
simple majority during January of both years of a two year session, eliminate delayed cloture,
delete provisions for automatic adjournment at 2:15 p.m. on Tuesdays during the first six weeks
of the session and for automatic recess for lunch, allow only one motion at a time and no
substitute motives during the motion period, allow consideration of legislation by the House after
the legislation's referral to committee without waiting for one week, and provide that immediate
consideration of House or Concurrent Resolutions concerning Sine Die Adjournment may not be
prevented by five objections.
The Senate's agenda on Tuesday, January 14, was organization, which was highlighted by
election of officers, selection of committee assignments, election of committee chairs, and
adoption of Senate rules.
The most significant rule change adopted by the Senate was elimination of the Lieutenant
Governor's power to appoint members on committees of conference and free conference (part of
Rule 19). Those appointments will now be determined by the President Pro Tempore of
Senate in consultation with the chairman of the committee with jurisdiction over the bill which is
the subject of the request for appointment of a conference committee. The Senate also passed
rules changes requiring more votes to end filibusters and requiring senators to wait four hours,
instead of thirty minutes, to attempt to end a filibuster.
AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS
H. 3015 HUNTING, FISHING, OR TRAPPING
WITHOUT CONSENT Rep.
This bill increases the fines for hunting, fishing, or trapping on land without the consent of the
land owner or manager. A person convicted of a first offense would be fined $500.00 or
imprisoned for a maximum of 30 days. The penalty for a second offense would be a fine ranging
from $500.00 to $750.00 or imprisonment for no more than 30 days. The penalty for a third or
subsequent offense would be a fine of at least $1,000.00 or imprisonment for six months, or
both. "Ranging" is deleted from the list of activities subject to fine or imprisonment.
H. 3043 STANDING/SITTING IN OPEN BED
OF PICKUP TRUCK Rep.
This bill prohibits persons under the age of fifteen from standing or sitting in the open bed of a
pickup truck or trailer which is traveling over 25 miles per hour on a public road or highway. Exception is made when the vehicle is being used for hunting, for an agricultural enterprise, or
an organized hay ride or parade. This bill also provides that an operator of a vehicle in violation
this section is guilty of a misdemeanor and, upon conviction, must be fined a maximum of
twenty-five hundred dollars or imprisoned for a maximum of thirty days, or both.
H. 3065 KILLING BIRDS OF PREY Rep.
Current law forbids the molesting or killing of birds of prey in South Carolina, with violators
subject to a maximum fine of $100.00 or imprisonment for no more than 30 days. This bill states
that if the bird of prey killed or molested is a bald eagle, the person committing the offense is
guilty of a misdemeanor subject to a fine ranging from $100.00 to $500.00 or imprisonment for
at least 30 days (not exceeding 1 year). A person who kills a bald eagle would lose his hunting
privileges in South Carolina for a period of 15 years from the date of conviction, while a person
convicted of molesting a bald eagle would lose his hunting privilege for 5 years.
H. 3078 PROHIBITIONS ON SMOKING
This bill would make smoking in a barbershop or a beauty salon a violation of the Clean Indoor
Act. Upon conviction, a violator would face a fine ranging from $10.00 to $25.00.
H. 3125 STERILIZATION OF DOGS AND
This bill requires public or private animal shelters, animal refuges, or humane societies to have
dogs or cats sterilized before relinquishing custody of the animal. This section would not apply
a privately owned animal which the agency has in its possession if the owner presents evidence
that the animal is his property. All costs of sterilization would be the responsibility of the person
acquiring the animal. Violators of this section would be subject to a maximum fine of $200.00.
H. 3133 SHRIMPING OVER A BAITED
AREA Rep. Seithel
S.C. Code Section 50-17-660 sets forth several requirements for catching or taking shrimp over a
baited area. This bill clarifies that this section does not prevent a person from using a private
dock to shrimp over bait as long as the person's permit number is clearly displayed on the dock.
H. 3134 HUNTING BIG GAME
This bill prohibits the shooting or hunting of big game from any public, paved road or within 50
feet of the edge of the pavement of any paved road in Game Zone 1, 2, or 4. No person could
hunt from any unpaved road unless he has permission to hunt on adjacent property. Violators
would be subject to a fine of at least $100.00 or imprisonment for no more than 30 days.
H. 3135 WILDLIFE PHOTOGRAPHS AS
EVIDENCE Rep. Webb
This bill states that a photograph of wildlife or fish allegedly taken, possessed, sold, transported
imported illegally is considered competent and admissible evidence of the wildlife or fish in any
prosecution for a violation of State wildlife laws. After the photograph has been authenticated
and admitted, it would constitute substantive evidence.
H. 3136 RETRIEVING A DOG ON A RIGHT
OF WAY Rep.
This bill provides that in Game Zones 3,5,6,7,8,9,10, and 11, no one may hunt or shoot from,
onto, or across the right-of-way of a road or railroad, or supervise, release, catch, or retrieve a
dog on a right-of-way of any public, paved road. A person could catch or retrieve a dog if his
weapon is unloaded and secured in a weapon case, locked in a trunk, or locked in a
H. 3142 SIZE OF SINGLE-BARBED SET
Current law allows the use of live nongame fish with 9/0 or larger single-barbed set hooks on the
Edisto River. This bill would allow the use of single-barbed set hooks that have a shank-to-point
gap of 1-3/16 (one and three-sixteenths) inches or greater on the Edisto River.
H. 3155 SALE OF WILDLIFE Rep.
This bill makes it unlawful to buy, sell, or possess for sale any wildlife native to this State,
such activity is specifically permitted by law. For each violation, a person would forfeit the
wildlife and pay a fine not to exceed $1,000.00 or be imprisoned up to 180 days, or both.
H. 3156 LICENSURE AND REGULATION OF
This bill rewrites the chapter of the South Carolina Code dealing with the licensing and
of foresters to conform the chapter to the organization and administrative framework for
boards in Chapter 1, Title 40. Applicants for licensure as a registered forester could have a
bachelor of science degree or an advanced degree and have a record of two or more years'
experience in forestry. Applicants without a degree could take a written exam and show a record
of six years or more practice in forestry. After June 30, 2003, the bill requires all applicants to
have a bachelor of science degree or an advanced degree.
The bill also sets forth the procedures for license renewal and the duties of the Board of
Registration for Foresters. In addition, the bill states that no licensed forester may perform
service considered to be the practice of forestry without having a written contract with the
recipient of the services.
H. 3160 CONFISCATED AND UNCLAIMED
This bill would authorize the Department of Natural Resources (D.N.R.) to administratively
to an innocent owner or lienholder of the property any vehicle, boat, firearm, or hunting device
confiscated from a person charged with a violation of the game or fish provisions of the S.C.
Code. D.N.R. could maintain or dispose of any property that an innocent owner or lienholder
H. 3180 CATCH AND POSSESSION LIMITS
ON SHRIMP Rep.
This bill is designed to protect the State's overwintering shrimp stocks by imposing catch and
possession limits on shrimp and revising the penalties for violations. The legislation states that
from May 1 through December 15, no person may have in his possession more than 48 quarts of
whole shrimp or 29 quarts of headed shrimp while upon the waters of this State or the lands
adjacent to the waters. The possession limit would be 96 quarts of whole shrimp or 58 quarts of
headed shrimp while not on the waters of this State or land adjacent to the waters unless a
person has a bill of lading or a receipt showing that the shrimp were purchased from a licensed
dealer. This section would not apply to a lawfully acting licensed trawler, seafood dealer, or bait
From December 16 through April 30, no person could have in his possession more than 12 dozen
shrimp while upon the waters of the State. When a boat is used to catch or transport shrimp, one
limit would be allowed among all persons in the boat. These limitations would not apply to a
lawfully acting licensed trawler or dealer; however, during this time period no trawler could
cast net or other recreational shrimping gear aboard. Licensed charter fishing vessels could not
have aboard more than a total of 25 shrimp while upon the waters of this State during this period. A person or captain of a charter fishing vessel who violates this section would be subject to a
or imprisonment for a first offense; for a second offense, in addition to a fine or imprisonment,
boat, fishing devices, and the shrimp would be seized and forfeited. In addition, the person's
coastal fishing privileges would be suspended for one year from date of conviction. A bait
who violates this section would be subject to a fine or imprisonment for a first offense; for a
second offense, the bait dealer would have his privilege to harvest or distribute bait suspended
one year from the date of conviction.
Additionally, the bill states that any bait dealer harvesting live shrimp to be sold as bait must be
licensed and certified by the Department of Natural Resources. The bait dealer also must have a
live bait tank aboard the harvesting vessel and may not have dead shrimp on board.
H. 3201 STATEWIDE ANIMAL
This bill, entitled the Statewide Animal Control Act, describes when an animal is a nuisance and
requires all dogs and cats to have identification so their owner may be identified. Show cats or
dogs, while being groomed or shown, or hunting dogs, while being worked, would not be
to wear their rabies tag. A dog or cat on the owner's premises would not be required to wear a
harness or collar with its rabies tag attached. An animal control officer could impound animals
whose owners are in violation of this section and could issue a citation to the animal's owner.
The bill prohibits a person from owning a wild or vicious animal for display or exhibition
(this provision does not apply to zoological parks, animal exhibits, or circuses), and makes it
unlawful to award an animal as a prize. The bill also states that no one may confine an animal in
a motor vehicle without sufficient ventilation or transport an animal in the back of an open
truck unless the animal is secured in an enclosed container. Violators of these provisions are
subject to a $200.00 fine and/or imprisonment for not more than 30 days. Each day a violation
continues constitutes a separate offense.
H. 3260 SALE OF VENISON IN EATING
Current law prohibits the sale of venison in a restaurant. This bill would allow the proprietor of
eating establishment to offer venison for sale only if the venison is nonnative, from farm-raised
deer, and processed through a government-approved facility. The venison could be sold as a
separately prepared item or mixed with other items offered by the establishment.
EDUCATION AND PUBLIC WORKS
H. 3007 DRIVER'S LICENSES/PERMITS
This bill raises the minimum age for obtaining a motor vehicle driver's license from sixteen to
seventeen, and raises the minimum age for obtaining a special restricted driver's license from
fifteen to sixteen. The bill also provides conditions and restrictions which must be observed by
anyone driving with a beginner's permit. These conditions include raising the minimum age for
required accompanying driver from eighteen to twenty-one. The bill also provides that a person
completing a driver training course must be issued a certificate of completion, and a person
under a beginner's permit does not have to be accompanied by an adult if he has successfully
completed such a training course, as specified in the bill, and if he maintains his certificate of
completion in his possession while driving.
H. 3011 LICENSE PLATES FOR VEHICLES
OVER THIRTY YEARS
OLD Rep. Kirsh
This bill provides that a motor vehicle over thirty years old and used for general transportation
may bear the license plate of the vehicle's model year instead of its current registration plate, if
the current registration plate is maintained within the motor vehicle and produced upon request
a law enforcement officer.
H. 3044 GRACE PERIOD FOR MOTOR
LICENSE Rep. Rice
This bill provides that persons newly acquiring vehicles and owners of foreign vehicles being
moved into South Carolina and required to be registered must, before obtaining a motor vehicle
registration and license plate, display a placard on the motor vehicle containing certain
information. Provides for fines for inaccuracy, false information, or improper display, with
three-fourths of the fine to be remitted to the South Carolina Reinsurance Facility.
H. 3048 COMPREHENSIVE HEALTH
EDUCATION ACT Rep.
This bill repeals the Comprehensive Health Education Act, under which local school boards are
directed to implement health education programs.
H. 3054 STATEWIDE MASS
TRANSPORTATION SYSTEM Rep.
This joint resolution creates a committee to study the feasibility of creating a statewide mass
transportation system. The committee is composed of the chair of the Senate Transportation
Committee or his designee, the chair of the House Education and Public Works Committee or his
designee, and the executive director of the Department of Transportation or his designee. The
committee is charged to report its findings to the General Assembly one year after the adoption
the resolution, at which time the committee is dissolved.
H. 3074 SERVICES TO HIGH-RISK
This bill provides that in secondary schools of South Carolina which serve a high-risk population
determined by the State Department of Education, representatives of the Departments of Juvenile
Justice, Mental Health, and Health and Environmental Control shall visit such schools one day
each month during the school year to provide services and consultations in their particular areas
H. 3075 HIGH SCHOOL TEACHER CADET
This bill provides that students with an overall "C" average or better in all academic courses
have taken which count for high school graduation are eligible to participate in high school
cadet programs if they meet all other requirements of the program.
H. 3079 SCHOOL TEXTBOOKS Rep.
This bill repeals current law relating to the state school textbook system. The bill provides that
school districts (through their local boards of trustees) shall adopt, acquire, and provide
for use by pupils in the public school districts without charge. Whereas current law provides that
the State Board of Education adopts textbooks and pupils pay an annual rental in an amount
by the State Board of Education, H. 3079 provides that the State
Department of Education acts as
a conduit for the adoption and acquisition of books by the local districts. The bill also provides
school districts shall furnish library books to the schools of the district (currently done by
committee composed of State Superintendent of Education, the director of the division of
elementary education, the high school supervisor, and four other members appointed by the State
Under this bill, local school boards appoint a textbook and instructional material advisory
committee to make recommendations of textbooks and materials to be used by the district, with
the advisory committee consisting of district staff, district curriculum development committee
members, and (at the board's discretion) parents. Parent members shall make up less than
of the total committee membership. The bill also provides that the General Assembly provide
for the manner of distributing funds to the districts to pay for the books, with the funds to be
distributed on a per pupil basis based on the weighted pupil units of each district.
Under this bill, the State Department of Education fixes the maximum price at which a book may
be purchased by local school districts, which price must not exceed seventy-five percent of the
wholesale price list. The State Department of Education then notifies the publisher of the
maximum price fixed, and if the publisher accepts the price, and agrees in writing to furnish the
textbook for one year at that price, the written acceptance and agreement obligates and entitles
the publisher to offer the textbook for sale at that price to local school districts.
H. 3080 TEACHER CERTIFICATION
This bill provides that, not later than the beginning of school year 1997-98, the State Board of
Education, acting through the State Department of Education, shall develop a certification
to certify teachers to instruct three-year-old and four-year-old children pursuant to the Early
Childhood Development and Academic Assistance Act.
H. 3091 HIGHWAY WORK ZONES Rep.
This bill revises the area in which a penalty will be applied for speeding in highway work zones. Current law imposes speeding penalties between where a "Highway Work Zone, No Speeding..."
sign is posted to the "End Construction" sign. This bill revises the area where penalty applies to
the highway work zones designed to comply with work zone traffic control standards contained
the South Carolina Manual on Uniform Traffic Control Devices.
H. 3093 REGISTRATION/LICENSE FOR
CERTAIN TRAILERS Rep.
This bill removes the current exemption from licensing and registration for certain boat trailers,
farm trailers, and utility trailers. The bill imposes a $20 biennial licensing fees for these trailers,
which is to be added to the state's general fund and which must be used to build and maintain
public docks and piers, for clean-up projects along public river-front areas, and for the stocking
fish in streams and rivers.
H. 3100 MAKEUP OF SCHOOL DAYS
MISSED Rep. Allison
This bill provides that local school boards shall designate up to three of the ten days not required
for student instruction as days which shall be used, if necessary, to make up school days missed
because of extreme weather conditions. This bill does not affect current requirements
relating to minimum hours of the school day and the duration of the school year.
H. 3109 SAFETY BELTS ON SCHOOL
BUSES Rep. J. Brown
This bill provides that school buses, with certain exceptions, purchased after June 30, 1998,
must be equipped with safety belts.
H. 3114 SUSPENDED OR EXPELLED
STUDENTS Rep. J.
This bill requires that any student suspended or expelled from school shall remain under the
supervision of the local school board, and the local board shall provide these students alternative
education programs to increase the likelihood that the students will obtain a high school diploma.
Such programs must be approved by the State Department of Education, which may also grant
waivers from the requirements of this bill to districts which cannot afford to comply. Alternative
programs are defined as including, but not limited to, programs that hold students to strict
standards of behavior in highly structured and controlled environments.
H. 3115 GENERAL ASSEMBLY/STATE
VISITATION/VOLUNTEERISM Rep. T. Brown
This bill provides that members of the General Assembly and state employees are encouraged
to visit schools in their districts, and that members of the General Assembly who do so on
non-legislative days are entitled to per diem, mileage, and subsistence for up to three
a year. The bill also preserves for a period of one year annual leave and compensatory time (which
otherwise be lost) of certain state employees who volunteer at schools within their area.
H. 3120 HIGH SCHOOL GRADUATION
This bill provides that each high school in South Carolina must offer first-year and second-year
Spanish on campus as units which may be taken to meet the twenty unit requirement for high
H. 3121 GOLF LICENSE PLATES Rep.
This bill provides for the issuance of a commemorative "South Carolina: First in Golf" license
and provides that funds from the biennial $70 fee will be split between the state general fund
($18) and a special fund to be administered by the Department of Parks, Recreation, and Tourism
to promote the South Carolina Junior Golf Association ($52).
H. 3140 IMPROVING HIGHWAY SAFETY
This bill requires the Department of Public Safety to publish annually statistical information
regarding each one hundred meter stretch of highway where two or more traffic accidents
occurred during a year. The Department must use this information to develop and implement an
annual plan to improve safety conditions along these segments of highway. The plan must be
submitted to the Governor and the General Assembly.
H. 3145 TEACHING OF EBONICS Rep.
This bill prohibits the teaching of Ebonics in the public elementary and secondary schools of
Carolina, and in the state-supported institutions of higher learning, including technical colleges.
H. 3150 SPEED LIMITS Rep.
This bill defines the highways encompassing the interstate highway system and the state
primary system, and revises the speed limits to seventy miles an hour on the interstate highway
system and other officially posted freeways; sixty miles an hour on officially posted multilane
divided primary highways; fifty-five miles an hour in other locations or on other sections of
highways. Maximum speed in an "urban district" is thirty miles an hour, and unpaved roads are
limited to the speed of forty-five miles an hour. The bill also revises the language on signs
in a work zone and provides that the penalty contained on signs posted in a work zone are in
addition to other penalties for speeding.
H. 3152 PUBLIC SCHOOL PHYSICAL
EDUCATION COURSES Rep.
This bill provides that in a public school which offers a dance program consisting of at least two
semesters of dance where course credits are earned, training in such a program may be accepted
in lieu of physical education for all purposes, academic or nonacademic.
H. 3154 HIGHWAY PROJECTS Rep.
This bill requires that the State Department of Transportation submit in its annual budget to the
General Assembly all highway projects scheduled for or in the process of construction, and
provides that (excluding certain emergencies) these projects must be completed before initiation
a project not included in the budget as submitted. The bill also provides that fees for preliminary
engineering services may not be paid until the project is completed.
H. 3161 BEGINNERS' PERMITS/DRIVERS'
This bill provides that a person must hold a beginner's permit for at least ninety days before he
may be issued a driver's license or a restricted driver's license.
H. 3162 ANTIQUE MOTOR VEHICLES
This bill provides an exemption from the reinsurance facility recoupment charge for persons
owning antique motor vehicles (vehicles which are over 30 years old, owned solely as a
collector's item, used for participation in club activities, exhibits, tours, parades, and similar uses,
and not used for general transportation).
H. 3172 "MAYBANK SCENIC HIGHWAY"
This bill designates a portion of SC Highway 700 in Charleston County as "Maybank Scenic
Highway" and prohibits all off-premises outdoor advertising on this highway. The bill also
removal of trees in excess of a six inch caliper located within the highway right-of- way of this
scenic highway without the permission of the Department of Transportation upon the
recommendation of the Charleston County Council.
H. 3173 MAXIMUM SPEED LIMITS
This bill provides a maximum speed limit on an interstate highway of seventy miles an hour.
H. 3174 "CHARTER LIMOUSINE" LICENSE
This bill provides for the issuance of a special "Charter Limousine" license plate, which must be
acquired for a "charter limousine" regulated by the South Carolina Public Service Commission
submission of proof that the "charter limousine" is certified as a Class "C"-"Charter Limousine"
H. 3178 AERONAUTICS DIVISION OF
COMMERCE Rep. Seithel
This bill brings all state aircraft under the control and supervision of the Aeronautics Division of
the SC Department of Commerce, with the exception of aircraft operated by the Department of
Commerce, the Department of Public Safety, the Department of Natural Resources, and the SC
Law Enforcement Division.
H. 3183 "BEAR'S BLUFF ROAD SCENIC
This bill designates a portion of SC Highway 316 in Charleston County as "Bear's Bluff Road
Scenic Highway." The bill prohibits off-premises outdoor advertising on this highway and
removal of trees in excess of a six inch caliper located within the highway right-of-way of this
H. 3188 CHILDREN'S EDUCATION
ENDOWMENT FUND Rep.
This bill provides that part-time students (minimum twelve semester hours per year) are eligible
receive a need-based grant from the Children's Education Endowment Fund. Current law
that students must be full-time to be eligible to receive these grants.
H. 3194 DRIVER'S LICENSES/PERMITS
This bill raises the minimum age to obtain a driver's license from sixteen to seventeen, and raises
the minimum age to obtain a special restricted driver's license from fifteen to sixteen. The
also provides specific conditions and restrictions under which a beginner's permit is valid,
including raising the minimum age for the required accompanying driver from 18 to 21 years.
bill further provides that the holder of a beginner's permit who has successfully completed a
training course as set forth in the bill may drive without an adult present if the certificate of
completion from the driver training school is maintained in the driver's possession.
H. 3195 RECERTIFICATION/ASSISTIVE
Rep. J. Brown
This bill provides that a minimum of one credit hour in "assistive technology" training must be
included in the recertification requirements for special education teachers and administrators. "Assistive technology" is defined as a device or service which is used to increase, maintain, or
improve the functional capacities of an individual with a disability.
H. 3199 SPECIAL EDUCATION
STUDENTS Rep. J. Brown
This bill provides that, beginning no later than age sixteen, special education students who exit
the public school system after entering high school must be provided an individual transition
outlining transition services, which must assure that these students have adequate information
about and access to adult service agencies which can provide assistive technology devices and
services to them. The individual transition plan must be developed by the special education or
transition teacher in coordination with the community transition planning cooperative. The bill
requires and provides for the development of a community transition planning cooperative in
H. 3200 SCHOOL UNIFORM OR UNIFORM
DRESS CODE POLICY Rep.
This bill empowers school trustees to promulgate regulations to establish a school uniform or
uniform dress code policy by which elementary, junior, and middle schools in the district may
adopt a school uniform or uniform dress code policy. The bill also provides for a minimum
of notice to parents of any such policy, and requires development of a method for assisting
students who cannot afford to purchase the uniform.
H. 3212 PARENTING INSTRUCTION IN
PUBLIC SCHOOLS Rep.
This bill requires that in grades six through twelve, parenting classes must be provided for
students who are parents, and parents under the age of eighteen who attend public school must
attend these classes.
H. 3223 SPECIAL FEE RATES AT
INSTITUTIONS Rep. Sharpe
This bill provides that any person who has been domiciled in South Carolina for less than one
and who is permanently and totally disabled qualifies for in-state tuition and fee rates at
state-supported colleges and universities.
H. 3226 SCHOOL CRIME Rep.
This bill provides that if a disturbance or criminal conduct occurring on school property results
student being charged with a criminal offense involving injury to another person, that student
must be immediately suspended and expulsion proceedings instituted for the remainder of the
H. 3236 PHONICS INSTRUCTION Rep.
This bill provides that local school boards are encouraged to include early and systematic
instruction into programs of reading instruction, and that colleges and universities offering
education curriculums shall endeavor to include phonics instruction in preservice education and
professional development courses.
H. 3237 HIGHWAY PROJECTS Rep.
This bill requires that the Department of Transportation submit in its annual budget to the
Assembly all highway projects scheduled for or in the process of construction. The bill also
requires that these projects be completed before initiation of a project not included in the budget
as submitted, excluding certain emergencies, and that fees for preliminary engineering services
may not be paid until the project is completed.
H. 3238 REGULATION (RE: ACT 135)
Education and Public Works
This joint resolution disapproves Regulation Document Number 1713. This regulation, as
summarized and submitted by the Department of Education, provides a more comprehensive
approach to Parenting/Family Literacy programs, as required by the Early Childhood
and Academic Assistance Act of 1993 (Act 135).
H. 3002 REAPPORTIONMENT Rep.
This bill redraws boundaries for certain House districts. Special elections are set for reconfigured
H. 3003 DRUG PARAPHERNALIA Rep.
This bill makes it a felony to sell, possess, deliver, advertise for sale, or manufacture illegal drug
paraphernalia. Violators must be fined not more than five hundred dollars and imprisoned not
more than five years. Under current law, violations incur a civil fine.
H. 3009 WRITE-IN VOTING FOR PRESIDENT
AND VICE PRESIDENT
This bill requires ballots for President and Vice President of the United States to provide a space
which a voter may record a write-in vote. In order for such votes to be counted, the write-in
candidate must file a declaration of intent and list of pledged presidential electors with the State
Election Commission at least thirty days before the election.
H. 3010 REPRESENTING FAMILY
COURT Rep. Kirsh
This bill allows an individual to represent an immediate family member in magistrate's court on a
H. 3014 USE OF PUBLIC OFFICE FOR
FINANCIAL GAIN Rep.
This bill extends the prohibition on using public office or position for financial gain so as to
that it is a violation to receive benefits or economic interests after an action has been taken to
provide for them.
H. 3017 EARLY VOTING Rep.
This bill establishes a procedure for early voting in statewide general elections and their
nominating primaries by allowing a voter to cast a vote in person at a county board of
or extension office during the twenty days preceding the election or primary.
H. 3019 PUNITIVE DAMAGES IN CIVIL
SUITS Rep. Kirsh
This bill sets as a maximum for punitive damages awarded in a civil suit two hundred fifty
thousand dollars or three times the amount of compensatory damages, whichever is greater. This
maximum does not apply to punitive damages awarded in cases involving driving under the
influence of drugs or alcohol. Punitive damages may only be awarded in cases where the
proves that the defendant has been directly involved in fraud, malice, or wilful, wanton, or
reckless conduct. The court shall award the defendant reasonable attorney's fees in cases where
the claim is frivolous or malicious.
H. 3020 CREDIT CARD ACCOUNT
NUMBERS Rep. Kirsh
This bill makes it unlawful to copy a credit card number when the credit card is presented as a
means of identification by an individual who is paying with a check. Violators must be fined not
more than two hundred dollars or imprisoned not more than thirty days. The provisions do not
apply to check-cashing services which a credit card issuer offers its cardholders.
H. 3021 CORPORATE DESIGNEES IN
MAGISTRATE'S COURT Rep.
This bill allows a professional corporation to designate in writing an employee or agent of the
corporation to represent it in magistrate's court.
H. 3022 JURY SERVICE IN MAGISTRATE'S
Under this bill, no individual may serve on a jury in magistrate's court more than once every
calendar years, as opposed to the current three-month limit. The bill also deletes the requirement
that fines for failure to appear for jury service in magistrate's court be directed to the treasury of
the county in which the case is tried.
H. 3023 NONECONOMIC DAMAGES
ACT Rep. Kirsh
This bill places maximum limits on the amounts awarded in civil suits for noneconomic damages
such as pain, suffering, humiliation, injury to reputation, loss of companionship, etc. as
distinguished from actual economic damages such as medical costs, loss of property, loss of
earning capacity, cost of repair or replacement, and other damages with objectively verifiable
price tags. The maximum which may be awarded in noneconomic damages is set at two hundred
fifty thousand dollars or the amount awarded in economic damages, whichever is greater.
H. 3024 ELIMINATION OF DOUBLE
RECOVERIES ACT Rep.
This bill allows the court, in all tort actions, to admit as evidence proof of collateral source
payments paid, or expected to be paid, to a claimant as compensation for the same damages
sought in the suit. Proof of such payments shall be considered in determining amounts awarded. Examples of collateral sources of payment include insurance policies, Social Security, and state
and federal income replacement and workers' compensation programs.
H. 3025 BLOOD ALCOHOL LEVELS FOR
D.U.I. Rep. Kirsh
With regard to chemical tests used to determine blood alcohol content of drivers, this bill
decreases from ten to nine one-hundredths of one percent the minimum blood alcohol level at
which a driver may be presumed to have been driving under the influence. The bill also
from five to four one-hundredths of one percent the maximum blood alcohol level for which a
driver is presumed conclusively to have not been under the influence of alcohol.
H. 3027 LOCAL GOVERNMENT IMPACT
FEES PROHIBITED Rep.
This bill prohibits a county, municipality, or other unit of local government from imposing an
impact fee. An impact fee is a charge levied against new developments to generate revenue for
the capital improvements made necessary by that development.
H. 3029 DRIVER'S LICENSE REVOCATION
FOR MINORS CONVICTED
OF DUI Rep. Kirsh
This bill revokes the driver's license for one year in addition to other penalties in instances where
an individual under the age of twenty-one has been convicted of certain offenses pertaining to
driving while under the influence of drugs or alcohol.
H. 3034 DRIVER'S LICENSES AND DRUG
AND ALCOHOL OFFENSES
This bill requires that an individual who is charged with certain offenses pertaining to controlled
substances, misuse of driver's license, supplying alcohol to minors, and underage purchase and
possession of alcohol and who is accepted into a pretrial intervention program must have his
driver's license suspended just as if he had been convicted of the offense.
H. 3035 CONSTITUTIONAL AMENDMENT:
TAXATION BY GEN.
ASSEMBLY Rep. Kirsh
This joint resolution proposes an amendment to the South Carolina Constitution requiring a two-thirds vote from the total membership of each house of the General Assembly in order for
body to impose a tax.
H. 3036 EARLY VOTING Rep.
This bill establishes a procedure for early voting in statewide general elections and their
nominating primaries by allowing a voter to cast a vote in person at a county board of
or extension office during the fourteen days preceding the election or primary.
H. 3037 FORFEITURE OF SEIZED
VEHICLES Rep. Kirsh
This bill requires forfeiture hearings on vehicles seized from individuals convicted of driving
under the influence or driving with a suspended license to be completed within three months of
when forfeiture was commenced.
H. 3038 NOTARY PUBLIC
This bill provides two additional methods by which a county legislative delegation may endorse
applications for notary public commissions.
H. 3041 CONSTITUTIONAL AMENDMENT:
This joint resolution proposes an amendment to the South Carolina Constitution such that the
General Assembly shall continue to convene on the second Tuesday of January in
years, but, convene on the second Tuesday in February in odd-numbered years. Not only the
House of Representatives, but the Senate, too, shall meet on the first Tuesday following the
certification of the election of their respective members for not more than three days following
general election for the purpose of organizing and electing such officers as the Speaker of the
House, President Pro Tempore of the Senate, and committee chairmen. During odd-numbered
years the presiding officers shall convene on the second Tuesday in January to accept bills and
resolutions and refer them to the appropriate committee.
H. 3042 ADJOURNMENT OF THE GENERAL
This bill changes the date for mandatory adjournment of the General Assembly from the first
Thursday in June to the second Thursday in May. In any year in which the House of
Representatives fails to give third reading to the appropriations bill by March 15 (as opposed to
the current March 31 date) the date of adjournment is extended one statewide day for every
statewide day beyond the March 15 deadline in which the House fails to give third reading to the
H. 3046 NONPARTISAN ELECTIONS FOR
This bill establishes a procedure by which the governing body of county may opt for its members
to be nominated and elected in a nonpartisan manner.
H. 3050 PRETRIAL INTERVENTION AND
LEWD ACTS ON A CHILD Rep. Limehouse
This bill prohibits admission into a pretrial intervention program for anyone charged with
committing or attempting to commit a lewd act on a child under fourteen years of age.
H. 3052 CONSTITUTIONAL AMENDMENT:
LEGISLATORS Rep. Cromer
This joint resolution proposes amending the South Carolina Constitution such that the General
Assembly may delegate matters relating to the disciplining of its members to the appropriate
executive branch agency.
H. 3053 GRANDPARENT VISITATION
Rep. J. Brown
This bill eliminates conditions which limit a family court's authority to order periods of visitation
for the grandparents of a minor child.
H. 3055 ELECTION OF SOLICITORS Rep.
This bill requires that, for the purpose of electing solicitors, the population of each judicial
may not have a variance of more than ten percent.
H. 3056 NONPARTISAN ELECTIONS FOR
OFFICES Rep. Cromer
This bill provides a procedure by which the governing body of a county may opt to conduct
elections and nominations of county auditor, treasurer, and clerk of court in a nonpartisan
H. 3057 NONPARTISAN ELECTIONS
GOVERNMENT Rep. Cromer
This bill provides that nonpartisan nominations and elections of members of a county governing
body may be established either through ordinance or through a referendum called by a petition
from not less than ten percent of the registered electors of the county.
H. 3060 CONSOLIDATED PRIMARY
ELECTION BALLOTS Rep.
This bill requires the use of a consolidated primary ballot which allows an elector to vote in the
primary of the elector's choice in each office to be filled.
H. 3063 CONSTITUTIONAL AMENDMENT
SCREENING Rep. Wilkins
This bill ratifies the amendment to the South Carolina Constitution approved by voters during
1996 general election regarding the qualifications, screening, and election of judicial candidates.
H. 3070 PARTY SWITCHING Rep.
This bill provides that a sitting officer who executed a candidacy pledge with a political party
changes party affiliation during the term of office for which he was elected is deemed to have
vacated his seat.
H. 3071 CONDEMNATION
This bill provides that in eminent domain condemnation actions involving owner-occupied
residential property, the appraisal of the property must be the value determined by the
condemnor's appraiser or one hundred twenty-five percent of the appraised value of the property
as determined by the local tax assessor, whichever is greater.
H. 3072 ENGINEERS GOOD SAMARITAN
This bill provides legal immunity for a professional engineer who provides certain engineering
services at the scene of a declared emergency.
H. 3073 CONSTITUTIONAL AMENDMENT:
VOTER RECALL OF
OFFICERS Rep. Whatley
This joint resolution proposes amending the South Carolina Constitution so as to provide a
by which voters could recall from office any state or local office holder in the legislative,
executive, or judicial branches who is either popularly elected or elected by a public body. A
petition signed by at least twenty-five percent of the qualified electors served by the officeholder
prompts a recall election in which voters decide whether the officer must vacate his position. An
officer may only be recalled for reason of physical or mental unfitness, incompetence, violation
oath of office, official misconduct, or conviction of a felony.
H. 3077 REVOKING LAW LICENSE FOR
FAILURE TO SUPPORT
CHILD Rep. Limehouse
This bill adds to the list of occupational and other licenses which may be revoked for failure to
provide child support the license to practice law.
H. 3086 INJURIES SUSTAINED WHILE
COMMITTING A FELONY Rep.
This bill provides that there is no liability for damages or injuries sustained by a person who has
committed a felony when the person is injured or dies from injuries sustained while committing
H. 3087 BAIL AND BAIL BONDSMEN
This bill makes various revisions regarding bonds, including restricting the issue of personal
recognizance bonds only to persons charged with a noncapital first offense and only once within
H. 3088 BAIL AND BAIL BONDSMEN
This bill makes various revisions regarding bail and bail bondsmen, including the addition of a
requirement that a licensed bail bondsman or runner must have the minimum training which the
state requires for a law enforcement officer.
H. 3089 SAFETY BELTS Rep. D.
This bill increases the maximum penalty for violating the mandatory seatbelt law from ten to
twenty-five dollars, and from twenty to fifty dollars for any one incident involving one or more
violations. The bill also removes the restriction which prevents an officer from stopping a driver
solely for failure to use seatbelts.
H. 3090 CHEMICAL TREATMENT
PROGRAMS FOR CHILD MOLESTERS
This bill requires male offenders convicted for the first or second time of certain criminal sexual
conduct offenses where the victim is under thirteen years of age to undergo a chemical hormonal
treatment program if released into a community supervision program or on parole. Individuals
opt for a surgical alternative are exempt.
H. 3094 ASSAULTS ON EMERGENCY
PERSONNEL AND OTHERS
This bill makes it a felony, punishable with a prison term of up to ten years, to assault an
emergency medical service provider, firefighter, or home health care provider.
H. 3097 CONSTITUTIONAL AMENDMENT:
This joint resolution proposes amending the South Carolina Constitution so as to abolish the
doctrine of adverse possession whereby an individual acquires a legal claim to land which he
continuously occupies for an extended period of time. Adverse possession claims decided by
courts previous to the adoption of the amendment are specifically exempted.
H. 3099 NONPARTISAN ELECTIONS OF
SCHOOL BOARDS Rep.
This bill requires that, beginning in 1998, all members of school boards of trustees must be
selected through nonpartisan elections.
H. 3101 TAKING A CHILD OUT OF STATE
DURING A CUSTODY
DISPUTE Rep. Allison
This bill makes it unlawful to transport a child under the age of sixteen out of state in order to
circumvent a custody proceeding. Both this offense and the currently unlawful act of
a child out of state in violation of a court custody order are designated misdemeanors if the
violation persists for three days or less and felonies if persisting longer. Violations are applied to
children born out of wedlock, and harsher penalties are assigned to violations involving actual or
threatened physical force.
H. 3107 CRIMINALLY INSANE DEFENDANT
ACT Rep. J.
This bill establishes various safeguards in the prosecution of the criminally insane and requires
specialized treatment programs for these defendants.
H. 3108 EDUCATIONAL REQUIREMENTS
FOR BAIL BONDSMEN
Rep. J. Brown
This bill requires at least twenty hours of pertinent education for licensure as a bail bondsman
at six hours per year of continuing education for renewal of the license.
H. 3110 REPLACEMENT OF
CANDIDATES Rep. J. Brown
This bill establishes procedures for replacing candidates or party nominees who die, withdraw,
become disqualified, or resign for legitimate nonpolitical reasons.
H. 3119 FRAUDULENT CHECKS Rep.
This bill applies legal remedies for fraudulent checks to any check given in full or partial
of any preexisting debt and not just those preexisting debts which resulted from a revolving
account which is not a consumer credit transaction.
H. 3122 PARTIAL-BIRTH ABORTION BAN
ACT Rep. Haskins
This bill prohibits partial-birth abortions, that is, abortions in which a living fetus is partially
vaginally delivered before the fetus is killed and the delivery completed. Violators are guilty of
felony and penalties are established. A civil cause of action is also provided.
H. 3126 BAIL AND BAIL BONDSMEN
This bill makes various revisions regarding bail and bail bondsmen, including the provision that
bail bondsman is not prohibited from attending any court proceeding directly affecting his
H. 3128 CONFIDENTIALITY OF RECORDS
OF JUVENILES Rep.
This bill removes the confidentiality requirement for records which the court and Department of
Juvenile Justice keep for juveniles fourteen years old and older.
H. 3130 DRIVER'S LICENSE
SUSPENSIONS Rep. D. Smith
This bill alters the manner in which driver's licenses are suspended for individuals who do not
comply with traffic citations issued in this state or in out-of-state jurisdictions in the Nonresident
Traffic Violator Compacts. The bill allows for suspension or nonrenewal of a license if notice of
compliance is not received within six months (rather than one year) of when the citation is
adjudicated (rather than the date issued).
H. 3131 VIOLENT JUVENILE CASE
REVIEW Rep. Limbaugh
This bill allows the Board of Juvenile parole to make annual, rather than quarterly, reviews of
cases of juveniles committed for certain violent offenses.
H. 3132 CONSTITUTIONAL AMENDMENT:
This joint resolution proposes amending the South Carolina Constitution so as to prohibit the
and its political subdivisions from using race, sex, color, ethnicity, or national origin as criteria
public employment, education, or contracting.
H. 3138 CONSTITUTIONAL AMENDMENT:
RECALL OF OFFICERS
This joint resolution proposes amending the South Carolina Constitution so as to provide a
by which voters could recall from office any state or local office holder in the legislative,
executive, or judicial branches who is popularly elected. A petition signed by at least
percent of the qualified electors served by the officeholder prompts a recall election in which
voters decide whether the officer must vacate his position. An officer may only be recalled for
reason of physical or mental unfitness, incompetence, violation of oath of office, official
misconduct, or conviction of a felony.
H. 3139 ADOPTIONS Rep.
This bill requires the Department of Social Services to expedite permanent placement of children
where parental rights have been terminated. The bill requires child specific recruitment
the use of the media and photo listings to facilitate adoptions.
H. 3143 CONSTITUTIONAL AMENDMENT:
VOTER APPROVAL OF
TAXES Rep. Wilkins
This joint resolution proposes amending the South Carolina Constitution so as to require the
state's electors to vote on any measure creating or increasing taxes or fees which passes the
General Assembly without the approval of at least two-thirds of the membership of the House of
Representatives and at least two-thirds of the membership of the Senate.
H. 3144 TAXATION AUTHORITY OF
GENERAL ASSEMBLY Rep.
This bill requires at least a two-thirds affirmative vote in each house of the General Assembly for
passage of a measure which creates or increases a tax.
H. 3146 PARTIAL-BIRTH ABORTIONS
This bill prohibits partial-birth abortions. Exceptions are made where a partial-birth abortion is
only means of saving the life of the mother. Violators are guilty of a felony and must be fined
less than five thousand dollars and imprisoned not more than five years. A civil cause of action
H. 3148 CHILD ABUSE Rep.
This bill makes it a felony, punishable with up to ten years imprisonment, to knowingly and
maliciously inflict great bodily injury upon a child. The bill also makes it a felony, punishable by
to five years imprisonment, to allow another to inflict great bodily injury upon a child.
H. 3149 PROTECTION FROM
POST-SEPARATION FAMILY VIOLENCE
ACT Rep. Allison
This bill creates a presumption that no parent with a history of family violence may be awarded
custody of a child. Orders of divorce, separation, child custody and visitation must contain
injunctions against the perpetrator of family violence. The perpetrator must also pay for all
attorney fees, court costs, and medical costs necessitated by the family violence.
H. 3153 DECLARATION OF A DESIRE FOR
NATURAL DEATH Rep.
This bill substitutes the term "life-sustaining" for "death-prolonging" in the code language which
states that the absence of a declaration of a desire for a natural death does not create a
presumption as to the patient's wishes.
H. 3157 CONSTITUTIONAL AMENDMENT:
TERM LIMITS Rep.
This joint resolution proposes amending the South Carolina Constitution so as to impose a
maximum limit of six terms of service for members of the House of Representatives, three terms
for members of the Senate, and three terms for constitutional officers. Terms of service would
counted for members of the General Assembly beginning with the 1996 general election; terms
for constitutional officers would be counted beginning in the 1998 election.
H. 3159 CHEMICAL TREATMENT FOR SEX
This bill affords individuals who have been convicted for the first time of certain criminal sexual
conduct offenses where the victim is under thirteen years of age the option of undergoing a
chemical hormonal treatment program if released into a community supervision program or on
parole. Such treatment is mandatory for repeat offenders in community supervision programs or
on parole. Individuals who opt for a surgical alternative are exempt.
H. 3164 AUTHORITY OF AGENCIES TO
REGULATIONS Rep. Townsend
This bill restricts the ability to promulgate regulations only to those state agencies whose
governing bodies are elected, appointed, or confirmed by advice and consent of the General
Assembly. Other agencies must make recommendations for changes in state law to the
appropriate standing committees of the General Assembly.
H. 3165 ENACTMENT OF REGULATIONS
This bill abolishes the current system by which regulations are promulgated by state agencies
approved by the General Assembly, and requires, instead, that all regulations must be enacted by
the General Assembly in the same manner as other legislation.
H. 3166 ABANDONMENT OF A PROPERTY BY TENANT Rep.
This bill provides that a tenant who abandons a premise and causes damage in excess of his
security deposit is guilty of a misdemeanor and must be fined not more than one hundred dollars
and imprisoned not more than thirty days.
H. 3167 FAILURE OF EJECTED TENANT TO
This bill provides that a tenant is guilty of trespass if he fails to vacate a property after he has
been ejected. Upon conviction, he must be fined not more than one hundred dollars or
not more than thirty days.
H. 3168 PARENTAL RIGHTS AND
RESPONSIBILITIES ACT Rep.
This bill specifies rights which parents have with regard to the raising of children, including
choices about discipline, religious instruction, education, and health care. Attorney's fees and
court costs must be paid in instances where the parent proves to a court that state actions
represent a violation of parental rights.
H. 3170 PUBLISHING PROPOSED
This bill requires proposed Constitutional amendment questions and the explanations of them
prepared by the Constitutional Ballot Commission to be printed in a newspaper in each county at
the cost of the State Election Commission.
H. 3171 CONSTITUTIONAL AMENDMENT:
This joint resolution proposes amending the South Carolina Constitution such that members of
House of Representatives would be elected every fourth instead of every second year, and
members of the Senate would be elected every sixth rather than every fourth year.
H. 3182 ILL TREATMENT OF ANIMALS
This bill increases various penalties for ill treatment of animals, including torture of animals
is punishable as a felony, rather than a misdemeanor, with possible imprisonment of up to five
years, rather than 180 days, and a fine of up to ten, rather than five, thousand dollars.
H. 3184 DESECRATION OF GRAVES AND
This bill increases penalties for desecration of human remains or graves and requires one
twenty hours of community service where the offense is a misdemeanor.
H. 3187 EJECTING A TENANT Rep.
This bill expedites the process by which a landlord may eject a tenant, reducing from ten to five
days the maximum time in which a tenant may show cause why he should not be ejected. Further, trial of ejectment cases is assigned first priority for magistrates, and writs of ejectment
must be issued by magistrates immediately, rather than within five days of the verdict.
H. 3189 CONSTITUTIONAL AMENDMENT:
RECALL OF OFFICERS
This joint resolution proposes amending the South Carolina Constitution so as to allow elected
officers in the executive or legislative branches of state or local government to be recalled from
office through a vote of qualified electors.
H. 3190 CONSTITUTIONAL AMENDMENT:
This joint resolution proposes amending the South Carolina Constitution so as to establish a
procedure by which voters propose laws and constitutional amendments through initiative
H. 3191 BAIL AND BAIL BONDSMEN
This bill makes various revisions with regard to bail and bail bondsmen, including the addition
the requirement that an individual brought before a magistrate on a bailable offense must have a
bond hearing withing twenty-four hours of his arrest and must be released within two hours after
sufficient bond is offered by him or a surety.
H. 3193 THEFT OF FIREARM Rep.
This bill provides that the theft of a firearm is grand larceny punishable by a prison sentence of
to one year or a fine the amount of which is left to the court's discretion.
H. 3197 DESECRATION OF GRAVES OR
This bill increases various penalties for the desecration of human remains or graves.
H. 3207 DRINKING GAMES Rep.
This bill prohibits drinking games in establishments which sell alcohol. Licensees of
establishments in violation are guilty of a misdemeanor and subject to a fine of not more than
thousand dollars or a prison term of not more than one year.
H. 3208 PROPERTY WITH HISTORICAL
VALUE Rep. Seithel
This bill authorizes to the state to acquire through condemnation and preserve property of
historical importance, including battlefields, ruins of forts, etc.
H. 3209 FAMILY MEDICAL HISTORIES OF
This bill provides that the required medical history of an adopted child's biological family must
comprehensive and updated September 20, 2001 at 1:43 PM
H. 3213 COMMUNITY SERVICE FOR
PARENTS Rep. Harvin
This bill requires a noncustodial parent who is under the age of eighteen and unable to find
employment to provide child support to complete twenty hours of community service a week.
H. 3214 INCREASED FINES FOR MISUSE OF
This bill provides that one who has falsified or provided falsified driver's licenses must be fined
less than one thousand nor more than three thousand five hundred dollars. An individual who
made use of another individual's driver's license must be fined not less than two hundred fifty nor
more than five hundred dollars.
H. 3215 PURSUIT OF OFFENDERS OUTSIDE
JURISDICTION Rep. Simrill
This bill affords local law enforcement of towns and municipalities countywide jurisdiction in
pursuing fleeing offenders rather than the current jurisdiction of up to three miles beyond
H. 3216 ASSAULT AND BATTERY Rep.
This bill increases penalties which magistrates may award for assault and battery and other
breaches of the peace which are not of a high and aggravated nature. Violators may be fined not
less than five hundred nor more than one thousand dollars or sentenced to not less than thirty
days nor more than six months in prison.
H. 3217 CONFISCATION OF LICENSE
This bill requires the court to confiscate the license plate and motor vehicle(s) registration for
individuals convicted of various offenses involving an automobile, such as failure to stop for a
enforcement officer, operation of an uninsured vehicle, certain violations committed while
under the influence of alcohol and drugs, etc.
H. 3221 DEATH PENALTY FOR HATE
This bill allows the death penalty to be awarded for a murder conviction for reason that the
murderer was motivated by the victim's actual or perceived race, color, religion, national origin,
physical or mental disability.
H. 3222 PENALTIES FOR HATE CRIMES
This bill sets mandatory minimum sentences for various crimes in which convicted individual
motivated by the crime victim's actual or perceived race, color, religion, national origin, or
or mental disability.
H. 3225 REFERENDUM ON FLYING THE
CONFEDERATE FLAG Rep.
This bill provides for a binding statewide referendum during the 1998 general election in which
voters will decide whether the Confederate Battle Flag will continue to be displayed atop and
within the State House.
H. 3230 WRONGFUL CHARITABLE
This bill increases penalties for inappropriate solicitation on behalf of a charity and/or failure to
comply with reporting requirements such that a first violation incurs a fine of not less than one
thousand dollars and or a prison term of six months to one year. The maximum prison term
may be incurred by a subsequent conviction is raised from one year to three years.
H. 3231 INITIATIVE ON LOCAL TAXATION
This bill eliminates exceptions which restrict the subject matter on local ordinances which
and municipal voters may propose through initiative petition. Currently, ordinances which
appropriate money and levy taxes may not be proposed by voter initiative.
H. 3233 EXPLANATION OF REFERENDUM
This bill requires the Constitutional Ballot Commission or its designee to prepare explanations of
state and local referendum questions in addition to all proposed state constitutional amendments. Such explanations must be supplied to voters at polling places.
H. 3234 TIME OF CAPITAL
This bill requires all death sentences to be administered at one o'clock p.m. on the date of
H. 3235 APPOINTMENT OF
MASTERS-IN-EQUITY AND RETIRED
JUDGES Rep. D. Smith
This bill requires any retired justice or judge appointed by the Chief Justice to serve in the state's
courts to have been found qualified by the Judicial Merit Selection Commission within four
than two years. The bill also reroutes the appointment process for masters-in-equity such that
candidates for vacancies submit applications directly to the Judicial Merit Selection Commission
which supplies its list of qualified candidates to the appropriate county legislative delegation. The
delegation suggests qualified candidates to the Governor until one meets with his approval and
receives his appointment.
H. 3240 SOUTH CAROLINA SCHOOL
SAFETY ACT Rep.
This bill provides that a student found guilty of unaggravated assault on anyone affiliated with a
school on school grounds or at a school-sponsored event is eligible for secure detention at a
juvenile facility and subject to imprisonment of up to a year and/or a fine of not more than one
thousand dollars. The bill also grants civil and criminal immunity to school personnel who make
good faith reports of school-related crimes.
H. 3241 REFERENDUM ON THE
CONFEDERATE FLAG Rep.
This bill provides for a statewide referendum at the 1998 general election by which voters may
decide whether the Confederate Battle Flag should continue to be flown above the State House.
Until certification of the results of the referendum, the flag must be displayed, and no additional
referendum concerning the flag may be held concerning the flag during the ten years following
H. 3242 HATE CRIMES Rep.
This bill provides mandatory minimum sentences for certain crimes where the perpetrator is
motivated by the victim's race, color, religion, national origin, or physical or mental disability.
bill also allows the death penalty to be awarded for a murder conviction for reason that the
murderer was motivated by the victim's actual or perceived race, color, religion, national origin,
physical or mental disability.
H. 3252 TRANSPORTING CHILD TO
THWART CUSTODY ORDER
This bill provides that an individual who transports a child so as to circumvent an existing or
impending custody order is subject to penalties if the child is not returned within three days
than one week. If the child is taken by actual or threatened physical force, the action is a felony
punishable by imprisonment of up to fifteen years and/or fines determined at the court's
discretion. Travel expenses and court costs may be borne by violators. The protections against
removal are applied to children whose paternity is to be determined.
H. 3254 REDUCTION OF CORPORATE
LIMITS Rep. Boan
This bill allows territory owned by a municipality to be removed from within the corporate limits
the municipality by ordinance of the municipal governing body. Territory owned by a county or
jointly owned by the municipality and county may also be removed from corporate limits in this
fashion upon receipt of a resolution from the county governing body requesting removal.
H. 3255 CONSTITUTIONAL AMENDMENT:
SECRETARY OF STATE Rep.
This joint resolution proposes amending the South Carolina Constitution so as to abolish the
of Secretary of State effective July 1, 1999, and allow the General Assembly to decide how the
duties of the office are to be devolved onto other constitutional offices.
H. 3258 PROTECTION OF WAR
MEMORIALS Rep. Cooper
This bill provides that an individual who removes, alters, disturbs, or prevents the lawful care of
war monuments and memorials on public land is guilty of a misdemeanor and subject to a fine of
up to five thousand dollars and/or imprisonment.
LABOR COMMERCE AND INDUSTRY
H. 3006 REQUESTS CONCERNING
REPAIRS Rep. Cromer
This bill provides that it is an unfair and deceptive act for a repair business to refuse to comply
with an owner's request that damaged and removed parts be returned or that serial or
identification numbers be provided for replacement parts.
H. 3028 CONSUMER FREEDOM OF CHOICE
IN MOTOR VEHICLE
INSURANCE ACT Rep. Meacham
This bill provides comprehensive changes for the field of automobile insurance, requiring
to offer drivers various specified insurance products. Among other changes, the bill requires
insurers to offer four, rather than two, rates of auto insurance, to include "preferred," "standard,"
"nonpreferred," and "substandard" designations. The Reinsurance Facility is abolished and
replaced with a Joint Underwriting Association.
H. 3030 DRIVER TRAINING VOUCHERS
This bill requires the Department of Insurance to provide, upon request, a voucher which first
driver's license applicants between the ages of fifteen and seventeen may use to acquire driver
training at any certified training program. Three dollars of the yearly premium for uninsured
motorist coverage must be used to fund the voucher program. No driver's license may be issued
to one who is between the ages of fifteen and seventeen and who has not completed successfully
a certified driver training program.
H. 3031 MOTOR VEHICLE SAFETY
RESPONSIBILITY ACT Rep.
This bill provides comprehensive changes in the field of automobile insurance. The Department
Insurance is authorized to assign drivers unable to obtain insurance in the voluntary market to
insurers who must offer coverage at specified minimum level or above. The Department must
distribute such assigned risks in an equitable fashion among the state's insurers. A mechanism is
established by which uninsured motorists who accidentally cause damage and injuries must offer
financial security that damages will be reimbursed, or else forfeit driving privileges.
H. 3039 HEALTH INSURER LIMITS ON
This bill provides that a health care provider's contract with a health benefit or insurance plan
does not restrict the health care provider in terms of the information he may provide to patients
concerning treatment options and the risks associated.
H. 3040 LICENSING OF CONTRACTORS
This bill requires that an individual seeking to be licensed as a contractor must submit an
of his financial condition rather than a financial statement certified by a public accountant.
H. 3067 TRANSPORTATION
INFRASTRUCTURE BANK ACT Rep.
This bill establishes a Transportation Infrastructure Bank authorized to provide loans and other
financial assistance to government units and private entities to finance public highways and
projects. The bank may receive federal grants, loan repayments, and up to five percent of
Department of Transportation funds appropriated for the construction and maintenance of the
H. 3076 MANDATORY COVERAGE OF
MEDICAL EXAMS Rep.
This bill requires insurance coverage for mammograms, pap smears, and prostate cancer
examinations in all health and accident or health insurance policies issued after Dec. 31, 1997.
H. 3092 CITIZENSHIP OF PRIVATE
DETECTIVES Rep. Harvin
This bill eliminates the requirement that a private detective employed by a licensed detective
business must be a citizen of the United States.
H. 3106 LEAVE TIME FOR ATTENDING
SCHOOL EVENTS Rep. J.
This bill requires, with certain exceptions, that employers grant up to twelve hours per year in
leave for employees to attend school conferences and activities. Employers need not pay
employees for time taken.
H. 3116 LEAVE TIME FOR SCHOOL
EVENTS Rep. T. Brown
This bill entitles employers to certain state income tax deductions for granting their employees
paid leave for the purpose of attending school conferences or activities or participating in
volunteer teaching programs.
H. 3117 "ANY WILLING PROVIDER"
REQUIREMENT FOR HEALTH
CARE Rep. J. Brown
This bill requires all health insurers, including managed care programs, to pay benefits to a heath
care provider who offers his services at the contract rate set by the insurer, regardless of whether
he is a contract provider.
H. 3123 MAJOR MEDICAL EXPENSE
This bill alters the approval process for new major medical expense coverage policies by
eliminating language which specifically refers to policies approved in the two-year period before
passage of the current standards in 1991.
H. 3129 INSURANCE FOR VANS OF THE
FEDERATION OF THE
BLIND Rep. Simrill
This bill requires that passenger vans owned or operated by local chapters of the National
Federation of the Blind must be insured for minimum automobile insurance coverage at the same
standard rates as any comparable passenger van operated by any state agency.
H. 3158 PRIVATIZATION POLICY
BOARD Rep. Young-Brickell
This bill establishes a Privatization Policy Board to study and make recommendations regarding
which services currently performed by state government might be more efficiently delivered by
contracting with the private sector.
H. 3163 GOOD FRIDAY BANK HOLIDAY
This bill provides that the Friday immediately preceding Easter Sunday is a holiday for banks.
H. 3169 LICENSURE OF REAL ESTATE
BROKERS Rep. Cato
This bill conforms the Real Estate Commission to the administrative framework established for
professional and occupational licensing boards and makes various changes in requirements for
licensure as a real estate broker.
H. 3175 BUILDING CODE ENFORCEMENT
This bill creates functions, duties, and registration for building code officers and requires that the
first two hundred fifty thousand dollars of the premium tax levied on fire insurers must be used
implementing training, certification, and continuing education for these officers. The bill also
revises the composition of building codes councils, the manner in which counties and
municipalities adopt and enforce codes, penalties for violations, and the responsibilities of fire
H. 3177 MARINE CONSTRUCTION Rep.
This bill defines marine construction and variously includes the specialty under the licensing
definitions of general contractor, mechanical contractor, or residential builder, depending upon
amount of the fee the marine construction commands.
H. 3181 DIRECT ACCESS TO
This bill would require health benefit plans to allow female participants direct access, without
referral, to obstetrical and gynecological care.
H. 3198 COMMUNITY REINVESTMENT
ACT Rep. Scott
This bill creates Community Reinvestment Boards to coordinate efforts on the part of financial
institutions and others to meet the credit needs of low and moderate income families in urban
rural areas and small farmers and businessmen.
H. 3210 HEALTH CARE CLAIM RECOVERY
ACT Rep. Seithel
This bill entitles a provider of health care goods and services who has not been paid by a patient
to place a lien upon any sums which that patient may recover from liable third parties in lawsuits
or through personal injury settlements.
H. 3227 TOLL FREE PHONE SERVICE
This bill provides that the Public Service Commission will require countywide toll free calling to
provided by all telephone utilities operating within a county by December 31, 1997.
H. 3239 MOLD LIEN AND RETENTION
ACT Rep. Walker
This bill specifies legal relationships between a molder who fabricates or uses a die, mold, form
pattern (e.g. a tool or die maker) and his customer. The bill specifies how a molder may come
into legal possession of dies, molds, forms, and patterns left unclaimed by a customer, and how a
molder may place a lien on these goods for debts owed him by a customer.
H. 3243 GENERAL PERMITS FOR MINING
This bill authorizes the Department of Health and Environmental Control to issue general
for the regulation of mining limited to excavations of topsoil or sand/clay fill material which do
require further processing. Civil penalties are provided for noncompliance with these general
H. 3250 REST ROOMS IN SERVICE
STATIONS Rep. J. Brown
This bill requires all service stations or convenience stores selling gasoline and food or
to provide a public restroom. The requirement applies only to establishments constructed on or
after July 1, 1998.
H. 3257 MEDICAL MALPRACTICE
LIABILITY JOINT UNDERWRITING
ASSOCIATION Rep. Kelley
This bill eliminates the Department of Insurance Director's role as ex officio chairman of the
of Directors for the Medical Malpractice Liability Joint Underwriting Association. The bill also
eliminates the process by which those who have a grievance with the Association may appeal to
the Department of Insurance.
H. 3259 DEFINITIONS OF GENERAL AND
CONTRACTORS Rep. Cooper
This bill increases from thirty thousand to forty-five thousand dollars the minimum cost of
undertakings which characterize a "general contractor," and increases from seventeen thousand
five hundred to thirty thousand dollars the minimum cost of undertakings which characterize a
MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS
H. 3005 DRUG EXPIRATION DATE Rep.
This bill requires an expiration date on the label of a drug dispensed by the filling or refilling of
written or oral prescription.
H. 3013 COSMETOLOGISTS LICENSES
This bill provides an exemption from the continuing education courses for a cosmetologist who
has held a license for at least 15 consecutive years and is at least 60 years old.
H. 3033 CHILDREN'S EMERGENCY
MEDICAL SERVICES ACT Rep.
This legislation establishes the Emergency Medical Services for Children (EMSC) Program
the Department of Health and Environmental Control (DHEC) to establish education programs
emergency medical services personnel. Programs will include training in the emergency care of
infants and children, guidelines for referring children to the appropriate emergency treatment
facility, and pediatric equipment guidelines for pre-hospital care. Additionally, the EMSC
will establish pediatric care guidelines for hospital-based emergency departments, pediatric
intensive care units, and other centers where children receive critical care and rehabilitation. The
bill requires DHEC to hire a full-time coordinator for the EMSC program and creates the EMSC
Committee, which will assist in the formulation of policy and regulations designed to improve
medical care for children in this State.
H. 3066 CHILDREN'S EMERGENCY
MEDICAL SERVICE ACT Rep.
This bill contains the same language as H. 3033 (above).
H. 3083 PHYSICIAN'S CERTIFICATE FOR
Current law requires a participant in a boxing match to have a physician's certificate stating that
the participant is in good physical condition. This bill would require the certificate to include a
statement that the participant is free of the human immunodeficiency virus (HIV) and the
immunodeficiency syndrome (AIDS).
H. 3102 EMBALMERS AND FUNERAL
DIRECTORS Rep. J.
This bill lists the requirements an embalmer or funeral director must follow to have his license
reinstated if his license has expired. The requirements include paying a fee of $200.00 and the
current year license fee, completing the required continuing education hours, and passing a
written examination pertaining to funeral directing and embalming.
H. 3103 ASSISTIVE TECHNOLOGY
EVALUATION Rep. J.
This bill states that a person or department conducting a health screening or evaluation of a child
may refer the child to an appropriate agency for an assistive technology evaluation. "Assistive
technology" means a device or service which is used to improve the functional capacities of an
individual with a disability.
H. 3104 GOVERNOR'S COMMISSION ON
BLACK MALES Rep. J.
This joint resolution creates the Governor's Commission on Socially Disadvantaged Black Males
study the educational, economic and health conditions of black males in this State. The
commission, made up of 25 members chosen by the Governor and serving without
compensation, would conduct research, hold public hearings, and develop programs designed to improve the
social condition of the black male.
H. 3105 EXCESSIVE SOUND OR NOISE
Rep. J. Brown
This bill makes it unlawful to operate a sound amplification system emanating unreasonably loud
sound or noise on public property, in a motor vehicle on a public street, or on private property in
residential area. The bill includes exceptions for horns or other warning devices and for persons
who have a valid permit authorizing activity likely to produce excessive noise. Violators would
subject to a fine ranging from $50.00 to $500.00 or imprisonment for not more than 30 days.
H. 3112 OSTEOPOROSIS EDUCATION FUND
This bill establishes the Osteoporosis Education Fund to be administered by the Department of
Health and Environmental Control (DHEC). The purpose of the fund would be to promote
awareness, prevention, and treatment of osteoporosis. DHEC could establish the Osteoporosis
Prevention and Treatment Education Program to implement the purposes of the fund.
H. 3119 PUBLIC OFFICERS AND
EMPLOYEES IN THE MILITARY
State officers and employees who are in the S.C. National Guard or the reserve military forces
entitled to leaves of absence from their duties without loss of pay, time, or efficiency rating for a
period not exceeding a total of 15 regularly scheduled work days in any one year. This bill
stipulates that the days listed above must not exceed a total of 120 regularly scheduled work
hours. Current law also provides that if a person is called upon to serve during an emergency he
is entitled to an additional leave of absence for a period of time not exceeding 30 days. The bill
states that these days may not exceed an aggregate of 240 hours.
H. 3137 SPEECH PATHOLOGISTS AND
AUDIOLOGISTS Rep. J.
This bill rewrites the chapter of the S.C. Code dealing with the licensing and regulation of
pathologists and audiologists to conform the chapter to the organization and administrative
framework for licensing boards in Chapter 1, Title 40. Membership on the Board of Examiners
Speech-Language Pathology and Audiology is reduced from six to five. The powers and duties
the board are clarified in the bill. License requirements and fees for pathologists and
(and their interns and assistants) are set by statute.
H. 3179 FOSTER CARE PLACEMENTS
Current law provides that no child may be placed in foster care with a person who has a history
child abuse or who has been convicted of one of several offenses. This bill would prohibit the
placement of a child in foster care with a person who is a homosexual or bisexual.
H. 3185 VETERAN'S DAY PARADE
PERMIT Rep. Davenport
This bill states that a municipality must issue a permit without cost for a Veteran's Day parade or
a veteran's parade which occurs on a day other than Veteran's day.
H. 3248 PATIENT'S MEDICAL RECORD
Rep. S. Smith
This bill would require a hospital, nursing home, or other facility licensed by the Department of
Health and Environmental Control to include and maintain as part of a patient's medical record
incidence or occurrence report that the hospital, nursing home, or facility makes that involves or
any way is related to the diagnosis, care, or treatment of a patient.
H. 3249 CELLULAR TELEPHONE IN A
PATROL CAR Rep. J.
This bill requires the patrol car of each highway patrol officer and trooper to be equipped with a
H. 3253 POWERS OF THE ADJUTANT
This legislation give the Adjutant General discretionary authority to order a member of the
National Guard to active duty, provided the member consents to that order and funds for pay and
allowances are available to the Adjutant General without additional state appropriations. The
states that this authority is not to be construed as an exception to or limitation of the statutory
and constitutional powers of the Governor in relation to the National Guard.
WAYS AND MEANS
H. 3004 OUT-OF-STATE CONTRACTORS
This bill requires out-of-state contractors to pay the State of South Carolina the same contractor
taxes and fees which are imposed by their states upon South Carolina resident contractors who
perform contracting work in those states.
H. 3008 PROPERTY TAX EXEMPTIONS FOR
This bill provides that a residence wholly or jointly owned by, and occupied by, a blind and
permanently and totally disabled person is exempt from property taxes.
H. 3012 ABOLISHMENT OF AGENCY HEAD
COMMISSION Rep. Kirsh
This bill abolishes the Agency Head Salary Commission and provides that the salary of an
head may only be set in the annual General Appropriation Bill.
H. 3016 PROHIBITION OF STATE
AGENCY CHECK CASHING
This bill prohibits a state agency from providing check cashing services to state employees.
H. 3018 FISCAL IMPACT STATEMENTS ON
RESOLUTIONS Rep. Cromer
This bill extends the requirement for fiscal impact statements on bills or resolutions to include
amendments which, if introduced as separate legislation, would require a fiscal impact statement
under current law. The bill also provides that if a fiscal impact statement is not attached to such
amendments, the amendment may not be considered. These provisions do not apply to the
annual general appropriation bill or any supplemental appropriation bill or joint resolution.
H. 3026 DENIAL OF STATE RETIREMENT
SYSTEM BENEFITS Rep.
This bill prohibits payment of retirement benefits (other than a refund of contributions) to any
state officer or employee convicted of a felony. The bill also prohibits payment of benefits
would otherwise be provided to the officer's or employee's surviving spouse or other beneficiary.
H. 3032 APPROPRIATION OF ADJUSTED
SURPLUS GENERAL FUND REVENUES Rep. Kirsh
This bill prohibits House or Senate consideration of any bill, joint resolution, or amendment
appropriating adjusted surplus general fund revenues before the Comptroller General closes the
state's books on the fiscal year in which the surplus occurred. "Adjusted surplus revenues" is
defined as "general fund revenues in a fiscal year in excess of the general fiscal revenue estimate
contained in the annual general appropriation act applicable for that year, unreduced by the
set-aside required pursuant to Section 11-11-140 and amounts transferred to the General Reserve
H. 3045 PROPERTY TAX EXEMPTIONS FOR
MOTOR VEHICLES Rep.
This bill exempts from property taxes motor vehicles older than ten model years.
H. 3047 GENERAL ASSEMBLY STATE
RETIREMENT BENEFITS Rep.
This bill eliminates prospectively the receipt of retirement benefits under the Retirement System
for Members of the General Assembly for members currently in employment covered by the SC
Retirement System or the SC Police Officers' Retirement System. The bill also eliminates
eligibility for a member of the Retirement System for Judges and Solicitors who has attained age
65 and is otherwise qualified to receive retirement benefits from the General Assembly
H. 3049 SOUTH CAROLINA EDUCATION
This bill establishes the SC Education Maintenance Fund into which certain sales and use,
alcoholic liquor, beer and wine, soft drinks, and low-level radioactive waste tax revenues and
certain revenues from alcoholic beverage violations must be deposited, and from which the
General Assembly shall annually authorize expenditures solely for Education Finance Act and
H. 3051 APPROPRIATION OF
NON-RECURRING REVENUES Rep.
This bill prohibits the appropriation of non-recurring revenues for a recurring purpose except
a two-thirds vote of the total membership of the House of Representatives and of the Senate. The bill also provides that a non-recurring appropriation pursuant to this section must
statement identifying the source of the non-recurring revenue.
H. 3058 MAXIMUM SALARY FOR STATE
OFFICER OR EMPLOYEE
This bill provides that no state officer or state employee, with the exception of presidents of state
institutions of higher learning, may receive a salary of more than eighty thousand dollars a year
the performance of official duties. In the case of a state officer serving for a term of years during
which the SC Constitution prohibits the reduction of the officer's salary, the eighty thousand
dollar maximum first applies for the succeeding term.
H. 3059 SEAFOOD PROCESSING
This bill includes seafood processing facilities within the classification of agricultural real
for purposes of classification of property for the property tax.
H. 3064 CONSTITUTIONAL AMENDMENT
RATIFIED: INVESTMENT OF STATE RETIREMENT FUNDS Rep. Wilkins
This bill ratifies the amendment to the South Carolina Constitution approved by voters during
1996 general election authorizing the investment of state retirement funds.
H. 3068 PROPERTY TAX EXEMPTIONS FOR
This bill exempts from property taxes an amount of fair market value of an owner-occupied
residential property designated as an historic property represented by the difference in the fair
market value of the designated property and a similar property not designated as an historic
H. 3069 TAX CREDITS FOR
INVESTMENT IN SC FILM
INDUSTRY Rep. Limehouse
This bill provides a $15,000 maximum, nonrefundable tax credit for a taxpayer's cash investment
in a qualified South Carolina film enterprise. The bill also provides a maximum $100,000,
nonrefundable tax credit for construction and equipping of a motion picture production facility in
South Carolina in which the taxpayer has an ownership interest.
H. 3081 HOMESTEAD EXEMPTION FOR
OWNER OVER AGE 70 Rep. Moody-Lawrence
This bill provides taxpayers who are sixty-five years and over or those who are totally and
permanently disabled or legally blind who are currently receiving a $20,000 homestead
allowed for those reasons, an additional homestead exemption of $150,000 upon attaining the
age of 70 years.
H. 3082 PROPERTY TAX INSTALLMENT
This bill allows a taxpayer (whose property taxes are not paid by the mortgagee by escrow) to
elect to pay property taxes in three installments. The election is made by filing a written notice
with the county treasurer before March 1 of the tax year. First and second installments, in an
amount equivalent to one-third of the total tax due on the property for the prior tax year, are due
on May 1 and September 1. The balance due must be paid between September 30 and January
15. The bill provides that the tax notice for this final installment shall state the total tax due for
the year, including any penalties for late payment of the first two installments, with the amount
paid in installments shown as a credit against the total due. Penalties are provided for late
payment of installments, not to exceed five percent of the tax due on the property for the tax
H. 3084 EXPENSES FOR ROAD AND
SIGNS NAMED FOR AN INDIVIDUAL Rep. Limehouse
This bill prohibits the use of revenue of the state highway fund, any county's "C" funds, or other
revenues derived directly or indirectly from taxes imposed by the State to pay for erecting signs
for roads and bridges named for an individual by act of the General Assembly.
H. 3095 RESIDENTIAL PROPERTY TAX
This bill provides a limit on increases in fair market value of owner-occupied residential
due to countywide reassessment while the property is occupied by the same owner or that
owner's spouse. The bill provides that, for purposes of taxation, the assessed value of such
property may not increase more than an amount equal to the increase in the cost of living in the
county since the last assessment date. When the property is transferred, other than between
spouses, the property must be assessed at fair market value. If the property has been owned and
occupied by the same owner or the owner's spouse continuously since 1992, the assessed value
may not be more than one hundred percent higher than the assessed value of the property in
H. 3096 CONFEDERATE BATTLE FLAG
This bill prohibits the use of funds appropriated by the General Assembly or personnel employed
by the General Assembly for the acquisition, transportation, and delivery of the Confederate
Flag to members of the General Assembly or their constituents.
H. 3098 NAMING OF CERTAIN PUBLIC
This bill provides that no public property (as delineated in the bill) purchased or constructed with
state funds or otherwise acquired or owned by the State, may be named for a living person or a
person who has been deceased for less than one year.
H. 3113 MARTIN LUTHER KING, JR.'S BIRTHDAY Rep. J.
This bill provides that the third Monday in January is a required state holiday in celebration of
birthday of Martin Luther King, Jr.
H. 3124 AGENCY HEAD SALARIES Rep.
This bill provides that no raise for an agency head pursuant to a recommendation to the General
Assembly by the Agency Head Salary Commission may exceed the percentage increase equal to
the percentage of any cost-of-living raises provided by law for state employees in the applicable
fiscal year plus a percentage equal to the average percentage of any increase allowed for merit
raises for classified state employees in the applicable fiscal year.
H. 3127 EDUCATIONAL FEE WAIVERS
This bill provides that under the provisions of Paragraph 72.15, Part IB of Act 458 of 1996 (the
1996-97 Appropriation Act), technical colleges as well as state-supported colleges and
universities may offer education fee waivers to no more than two percent of their undergraduate
student body during fiscal year 1996-97. (Paragraph 72.15, Part IB of Act 458 of 1996 states
that "the institutions of higher education may offer educational fee waivers to no more than two
percent of the undergraduate student body.")
H. 3141 SALES TAX EXEMPTIONS Rep.
This bill provides a sales tax exemption for prescription orthotic devices and replacement parts
prescription prosthetic and orthotic devices.
H. 3147 SURPLUS GENERAL FUND
This bill prohibits the Governor's annual budget recommendation from proposing the
of surplus general fund revenues in excess of amounts officially recognized as such by the Board
of Economic Advisors. The bill also prohibits the appropriation of surplus general fund
excess of amounts officially recognized as such by the Board of Economic Advisors.
H. 3151 REAL PROPERTY TAX BILLS
This bill requires that every property tax bill for real property must include a statement of the
preceding year's tax due in each category of tax imposed for the current tax year. The
requirement does not apply when improvements have been made to the property or the
assessment ratio or use of the property has changed first applicable for the current property tax
H. 3176 UNIVERSITY OF SC ATHLETICS
FACILITIES REVENUE BONDS Rep. Felder
This bill amends Act 518 of 1980 concerning University of South Carolina athletics facilities
revenue bonds. The bill defines "net athletic revenues" as "the entire revenues derived by the
athletic department of the University for any fiscal year after payment of the operating and
maintenance expenses of such department but before provision is made for depreciation,
amortization, nonmandatory transfers and interest expenses of the department for such fiscal
year." The bill removes the twenty million dollar debt limit for these bonds and allows their use
for refunding any previous authorized bonds. The bill also provides that bonds issued are
from the admission fee, the special student fee, and net athletic revenues.
H. 3186 TAX LEVY FOR RICHLAND
DISTRICT ONE SCHOOLS Rep.
This bill provides that the school tax levy for general operating purposes for Richland County
School District One must be determined by the board of trustees of the district. Current law
assigns this responsibility to the Richland County Council.
H. 3192 LOTTERIES Rep. Scott
This joint resolution proposes an amendment to the Constitution of South Carolina, to be
submitted to voters at the next general election for representatives, allowing lotteries. The bill
provides that the lotteries would be conducted only by the State, with revenues to be divided
between operational expenses of the lottery (maximum 15%), lottery prizes (maximum 50%),
nonrecurring expenses for public secondary education, public higher education, health care,
and sewer infrastructure, other capital improvements, or the reduction of bond indebtedness.
H. 3196 SC PREPAID POST-SECONDARY
PROGRAM Rep. Cromer
This bill proposes enactment of the SC Prepaid Post-Secondary Education Expense Program, to
provide a medium through which the cost of registration and dormitory residence may be paid in
advance of enrollment in a state post-secondary institution at a rate lower than the projected
corresponding cost at the time of actual enrollment. The bill also provides for a board (the
composition, powers, and responsibilities of which are delineated in the bill), and an executive
director to implement the program. The bill further provides for a state income tax deduction of
certain payments for and benefits from an advance payment contract.
H. 3202 SALES AND USE TAX
EXEMPTIONS Rep. J. Brown
This bill provides a sales tax exemption for prescription eyeglass lenses and raw materials used
the fabrication of such lenses. The exemption does not extend to eyeglass frames.
H. 3203 PROPERTY TAX EXEMPTIONS
This bill provides that, in addition to the currently-allowed homestead exemption for taxpayers
65 and over or those who are totally and permanently disabled or legally blind, a tax exemption
also provided for that amount of fair market value of residential property qualifying for the
homestead exemption which represents increases in the fair market value of the property
occurring after the property first qualifies for the homestead exemption. The exemption does not
extend to increases in value attributable to permanent improvements to the property.
H. 3204 PROPERTY TAX EXEMPTIONS
This bill extends the current property tax exemption allowed for the property of a religious,
charitable, eleemosynary, educational, or literary society to property leased or owned by
H. 3205 INCOME TAX CREDIT FOR
PROPERTY TAX RELIEF ACT
This bill provides that, subject to certain limitations, a claimant may claim in a year as a credit
against South Carolina individual income taxes due on his income, a percentage of property
accrued in the preceding calendar year. If the allowable amount of the claim exceeds the income
taxes due on claimant's income, the amount of the claim not used as an offset against income
taxes, after certification by the department, must be paid to the claimant. Total credit may not
exceed Two Hundred fifty dollars.
H. 3206 PROPERTY TAX EXEMPTIONS
This bill provides a property tax exemption for that amount of increased value of residential
property which results from reassessments occurring while the current owner has owned the
H. 3211 PROPERTY TAX CREDIT FUND
This bill provides that if a special purpose district or public service district levies a tax millage in
the county area, a portion of the funds distributed to the county from the Property Tax Credit
Fund must be used to provide a credit against the district property tax liability of taxpayers in the
district. The bill provides a method of determining the portion of the county's allocation from
Property Tax Credit Fund which the special purpose or public service district shall receive.
H. 3224 STATE HEALTH AND DENTAL
INSURANCE PLANS Rep. H. Brown
This bill provides that if an entity participating in the State Health and Dental Insurance Plan is
delinquent in remitting payments to cover its obligations, the department or agency of the State
which is holding funds payable to the delinquent entity shall withhold from those funds an
sufficient to satisfy the unpaid obligation. The amount withheld shall then be submitted to the
Office of Insurance Services in satisfaction of the delinquency.
H. 3228 EDUCATIONAL FEE WAIVERS
This bill provides that technical colleges and state-supported colleges and universities may offer
educational waivers to no more than two percent of their undergraduate student body.
H. 3251 STATE EMPLOYEE
CROSS-CULTURAL TRAINING Rep. J.
This joint resolution provides that the Human Services Coordinating Council, in cooperation
the Office of Human Resources, shall submit to the General Assembly a plan for the appropriate
training of state employees to deliver certain services efficiently, cost-effectively, and
cross-culturally and report annually on the implementation of this resolution.
H. 3256 LOTTERIES Rep. Scott
This joint resolution proposes an amendment to the State Constitution so as to authorize lotteries
conducted by the State as provided by the General Assembly. The resolution also provides for
use of the revenues derived from the lotteries, with the funds divided between operational
expenses of the lottery (15% maximum), prizes for the lottery (50%), and non-recurring
for public secondary education, public higher education, health care, water and sewer
infrastructure, other capital improvements, or for the reduction of bonded indebtedness.
H. 3261 SALES TAX EXEMPTIONS Rep.
This bill provides a sales tax exemption for food items eligible for purchase with U.S.
of Agriculture food coupons, not including restaurant meals. The exemption is limited to twenty
percent of the gross proceeds of sales or sales price of these items.
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