March 25, 1997
Vol. 14, No. 10
South Carolina House of Representatives
David H. Wilkins, Speaker of the House
OFFICE OF RESEARCH
Room 309, Blatt Building, P.O. Box 11867, Columbia, S.C.
29211, (803) 734-3230
Return to the LPITS HOME PAGE - Last Updated:
Tuesday, June 30, 2009 at 3:21 P.M.
Legislative Update, March 25, 1997
WEEK IN REVIEW
The House of Representatives amended and gave third reading to
H.3175 which requires counties and
municipalities to adopt the latest version of national, regional, or model building codes and
procedure by which a political subdivision may apply for a temporary exemption. The bill
duties, and registration for building code enforcement officers and requires that the first one
hundred seventy-five thousand dollars of the premium tax levied on fire insurers must be used
for implementing training,
certification, and continuing education for these officers. The bill also revises the composition of
codes councils, the manner in which counties and municipalities adopt and enforce codes,
violations, and the responsibilities of fire marshals.
The House amended and gave third reading to H.3366
which provides civil and criminal immunity for law
officers who take a child into emergency physical custody or emergency protective custody. Also amended
and read for the third time was H.3541 which provides
that copies of, rather than original, photographs, x-rays, and other medical evidence of suspected
child abuse must be sent to the Department of Social Services
when a report of suspected child abuse is made.
The House gave third reading to several other measures.
S.76 ratifies a constitutional amendment approved
by the general electors in 1996 which allows any registered elector who has moved his place of
during the thirty days immediately prior to the date of an election to vote in his previous precinct
of residence. Section 4, Article II of the State Constitution is amended to read as follows: "Every citizen of the
States and of this State of the age of eighteen and upwards who is properly registered is entitled
to vote as
provided by law." S.224 requires the State Board of
Canvassers to meet for the purpose of hearing appeals
fourteen days following the filing of notice. H.3316
provides that driver's license suspension for driving
under the influence of alcohol or drugs must begin on the date the individual is convicted,
upon a guilty or nolo contendere plea, or forfeits bail.
H.3470 makes technical changes so as to conform the
Amusement Rides Safety Code to the Government Restructuring Act of 1993.
H.3462 provides optional
methods for determining charges and commissions for handling and selling leaf tobacco.
the use of electronic warehouse receipts. H.3535
requires public weighmasters (who weigh agricultural
commodities) to be licensed.
The House adopted three concurrent resolutions. H.3644
memorializes Congress to equalize among the
states the distribution of federal gasoline taxes contributed to the Federal Highway Trust Fund. H.3411
memorializes Congress to provide for a national cemetery to be located at Fort Jackson.
memorializes the Department of Transportation to name a portion of U.S. Highway 301 in
County in honor of the Honorable Marshall Burns Williams.
The Senate gave third reading and sent to the House S.52,
which authorizes a state agency to contract to sell
commercial advertising space in its publications, facilities, buildings, and on its vehicles. The
referred to the Ways and Means Committee. S.6, which
creates the "South Carolina Drug Impaired Infants
Act," was also given third reading and sent to the House. This bill is now in the House
Judiciary Committee. The Senate also passed S.25, which legalizes tattoo parlors
in South Carolina. This bill is now in the House 3-M Committee. All of these bills are
summarized in the "Committee Action" section of this issue under the
appropriate committee heading.
Expressions of Personal Interest concerning the Palmetto Fellows Scholarship Program were
offered on the
Senate floor by several Senate members. Sen. Setzler announced that the program and concerns
administration would be discussed in a meeting of the Senate Education Committee scheduled
for 9 a.m.
Wednesday, March 26.
AGRICULTURE, NATURAL RESOURCES, AND ENVIRONMENTAL
The full Agriculture, Natural Resources, and Environmental Affairs Committee passed out four
which provides optional methods for determining charges and commissions for handling and
tobacco; H.3522, which authorizes the use of electronic
warehouse receipts; H.3535, which requires public
weighmasters (who weigh agricultural commodities) to be licensed; and
H.3303, which prohibits shooting or
hunting big game from any public, paved road in Game Zones 1,2, and 4 and prohibits a person
shooting or hunting for big game within 50 feet of the edge of the pavement of any paved road
any maintained right-of-way of such a road.
The Environmental Affairs II Subcommittee amended and gave a favorable recommendation to
which would make it unlawful to hunt migratory waterfowl on Lake Wateree within 200 yards of
without written permission of the owner and occupant.
H.3606 also received a favorable recommendation. Among the provisions in the bill is a requirement that the office of Solid Waste Reduction and
develop guidelines for the establishment and implementation of recycling education grants
to schools and
colleges to establish waste reduction and recycling education programs and demonstration
projects. The bill
was amended to prohibit a person from knowingly disposing of a used oil filter in a landfill after
July 1, 1999,
unless the filter has been crushed. The subcommittee also amended and approved
H.3607, a bill that adds
one member to the State Solid Waste Advisory Council.
EDUCATION AND PUBLIC WORKS
The Education and Public Works Committee recommended a joint resolution to approve
regulation establishes the procedure to be used by the State Board of Education when it reviews
decisions of local school boards concerning charter schools. Debate was adjourned on H.3162, which
exempts persons owning antique motor vehicles from the reinsurance facility recoupment
charge. H.3174, which provides for the issuance of charter
limousine license plates, was amended (to make the
fee provided in the bill consistent with the fee currently charged for other special plates and to
that a minimum of 300 applications for the plate must be received before the plate is made) and
reported favorably. S.262, which deletes the current
restriction that a Shriner may be issued only one
special Shriner license plate, was reported out favorably with an amendment to require that a
of 300 applications for the plate must be received before the plate is made.
H.3300, which provides
for the issuance of fraternity and sorority license plates, was reported out favorably after being
amended to provide that a minimum of 300 applications for the plate must be received before the
is made, and to provide that any mention of an institution or use of an institution's logo on the
prohibited without the written approval of the institution. H.3444, which provides for the issuance of
special license plates for members of the Marine Corps League, was also amended to require the
minimum 300 applications before the plate is made. The bill was then reported out favorably. H.3341,
which provides for the issuance of special license plates for members of the Sons of Confederate
Veterans, was amended to delete the provision that only one plate may be issued to a member of
Sons of Confederate Veterans, and to require that at least 300 applications for the plate must be
received before the plate is made. The bill was reported out favorably with an unfavorable
H.3044, which requires that a placard containing certain
information be displayed on a motor vehicle
before the registration and license plate are received, was recommitted to subcommittee. Also
recommitted to subcommittee was H.3284, which deletes
the restriction that a Shriner may be issued
only one license plate.
The Public Works and Transit Safety subcommittee considered three bills.
H.3310, which provides
that certain Department of Transportation employees are exempt from the State Employee
Procedure, received a favorable recommendation. The subcommittee adjourned debate on
which provides that if a bridge for motor vehicles over a railroad track, which bridge is owned
railroad company, is closed by the Department of Transportation for being unsafe for vehicular
railroad traffic may use the track underneath such bridge until it is replaced or unless flagmen are
on the railroad tracks approaching the bridge until it is replaced. Debate was also adjourned on
H.3270, which provides that careless driving is a one
The Judiciary Committee gave a report of favorable with amendment to
H.3397 which imposes various
limits on local governments' ability to create or raise taxes and fees. The bill provides that a
governing body may not impose a new tax after December 31, 1996, unless specifically
the General Assembly. By ordinance adopted by a positive majority vote, a local governing
impose a business license tax or increase the rate of a business license tax. By ordinance
adopted by a
positive majority vote, a local governing body may charge and collect a service or user fee. No
local governing body may increase taxes or uniform service charge rates (excluding utilities) above
imposed for such purposes for the prior tax year. Rates may be increased only by the percentage
increase in the consumer price index based upon the southeastern average. The bill also details
exceptions when rates may be increased, including such scenarios as a rate increase needed to
prior year's deficit or to respond to a natural or environmental disaster. Millage rate limitations
overridden by a positive affirmative vote of the local governing body. A local governing body is
authorized to impose via ordinance adopted by a positive majority vote, an accommodations tax
exceed 3%. By the same method, a local government is authorized to impose a hospitality tax,
exceed 2%, on meals and beverages served in establishments licensed for on-premises
alcoholic beverages, beer, or wine. No local government may impose a fee or tax on the transfer
real property without the authorization of the General Assembly. Certain restrictions apply to
expenditures of funds generated by the accommodations and hospitality taxes. Amendments
a county governing body to impose a 1% sales and use tax by ordinance, subject to a referendum,
within the county area for specific purposes and for a limited amount of time to collect a limited
of money. Revenues generated by this means may be expended on such capital improvements as
roads, bridges, libraries, sewers, flood control projects, etc. An amendment proposed by the full
committee eliminates the requirement that local governments remit real estate transfer fees to the
those funds have already been expended for the purposes for which they were intended.
The Committee reported out thirteen other bills. S.41 adds
to the list of traffic violations which
constitute child endangerment the failure to stop a motor vehicle when signaled by a law
officer. H.3089, with amendment, provides a fifteen
dollar penalty for the failure to wear a seatbelt
with a twenty-five dollar maximum penalty for any single incidence. The amendment allows for
enforcement of the seatbelt law where the violator is under the age of eighteen. Primary
allows an officer to stop a vehicle for a failure to wear seatbelts in the absence of any other
violation. Failure to wear a seatbelt is not admissible as evidence in a civil action.
H.3399 eliminates the
requirement that an employer sign the written certification which an employee must show a
registrar to verify that he is obligated to be at his place of employment during polling hours, and
therefore, qualified to vote by absentee ballot. S.76
ratifies a constitutional amendment approved by
the general electors in 1996 which allows any registered elector who has moved his place of
during the thirty days immediately prior to the date of an election to vote in his previous precinct
residence. Section 4, Article II of the State Constitution is amended to read as follows: "Every
of the United States and of this State of the age of eighteen and upwards who is properly
entitled to vote as provided by law." S.224 requires the
State Board of Canvassers to meet for the
purpose of hearing appeals fourteen days following the filing of notice.
H.3316 provides that driver's
license suspension for driving under the influence of alcohol or drugs must begin on the date the
individual is convicted, receives sentence upon a guilty or nolo contendere plea, or
forfeits bail. S.33
regulates the use of locked hospitality cabinets in rooms of hotels and inns.
H.3207, with amendment,
prohibits drinking games in establishments which sell beer, wine, or other alcoholic beverages
violations resulting in the possible suspension or revocation of alcohol licenses and permits. H.3541,
with amendment, provides that copies of, rather than original, photographs, x-rays, and other
evidence of suspected child abuse must be sent to the Department of Social Services when a
suspected child abuse is made. H.3366, with
amendment, provides civil and criminal immunity for law
officers who take a child into emergency physical custody or emergency protective custody. H.3452,
with amendment, allows jury service which falls during a school term to be postponed for school
personnel at institutions of higher learning and K-12 school personnel, such as teachers and bus
who directly interact with students. H.3275, "The
Prison Overcrowding Relief Act of 1997,"with
amendment, authorizes the Department of Corrections to use tents to house prisoners eligible for
minimum custody confinement or work release. County jails and detention facilities may also
of tents to house prisoners convicted of nonviolent offenses. Facilities which are authorized to
use of tents may not release prisoners for reason of overcrowding unless tents have been utilized
house eligible prisoners. Tents are subject to review by the State Fire Marshal and the
Health and Environmental Control to ensure their safety. Amendments proposed by the
authorize the use of temporary structures other than tents. Amendments also authorize local
formulate standards for temporary facilities which must be approved by a majority in the county
governing body. Amendments also eliminate the bill's repeal of jail and prison inspection
programs. H.3132, with amendment, prohibits the state and its
political subdivisions from using race, sex, color,
ethnicity, or national origin as criteria for either discriminating against or granting preferential
to any individual or group in public employment, education, or contracting.
The Committee tabled three bills. H.3507 provides that
statements of intention to run as a candidate
for the General Assembly must be filed with the county election commission rather than the
executive office of the appropriate political party.
H.3418 provides a procedure by which a sheriff
may be elected in a nonpartisan fashion. H.3036
establishes a procedure for early voting in statewide
general elections and their nominating primaries by allowing an elector to cast a vote, in person,
county board of registration or extension office during the week preceding the election or
during the four days preceding a run-off.
The Constitutional Laws Subcommittee reported favorably on
H.3586 which establishes a two-tiered
system for the state's appellate courts in which the Court of Appeals is charged with the
of deciding most appeals from circuit and family courts. Certain appeals, such as death
challenges to constitutionality, public utility rates, etc. are routed directly to the Supreme Court,
specified in statute. The Supreme Court is positioned to review appeals which involve novel or
important issues. The subcommittee reported favorably on
H.3593 which provides that state residents
who are victims of terrorism committed outside the United States may apply for benefits with the
Victim's Compensation Fund. The subcommittee gave a report of favorable with amendment to
H.3585 which provides that the South Carolina Tort
Claims Act is the exclusive remedy for any tort
committed by a government employee acting within the scope of his official duties. The
provision is to
be liberally construed in favor of limited liability with ambiguity to be resolved in the favor of
government. The subcommittee also moved to reconsider
H.3507, which was table at last week's full
The Criminal Laws Subcommittee gave a report of favorable with amendments to a bill designed
penalize those who sell merchandise, such as tee shirts, with indecent images or messages. H.3291,
with amendments, makes it a misdemeanor to disseminate, sell, or distribute indecent
material to minors or to display indecent material in areas likely to be frequented by
minors. Offenders are tried in magistrate's court with a first offense carrying a prison term
of not more than thirty days and/or a fine of not more than five hundred dollars; a second or
subsequent offense carries a prison term of not more than three years and/or a fine of not
more than three thousand dollars. Additionally, maximum penalties are increased for
felonies of disseminating obscene materials to minors. An amendment specifies that the
provisions do not apply to audiovisual works, sound recordings, newspapers, or bound
literary works. The Subcommittee also gave a report of favorable with amendment to
H.3449 which provides that an individual is guilty of a
misdemeanor who views, photographs, films, or
videotapes an unconsenting person in a state of undress in any setting where that person might
reasonable expectation of privacy. The bill covers such settings as dressing rooms, locker
restrooms, and tanning booths. A violator is subject to a fine of up to five hundred dollars and/or
prison term of up to three years. Surveillance conducted by law enforcement officers, private
investigators, and corrections officials is exempted.
The Special Laws Subcommittee gave a report of favorable with amendment to
enhances protection of trade secrets during litigations by requiring litigants to demonstrate their
release of trade secrets in order to obtain release of that information. The bill also creates
penalties for the misappropriation of trade secrets and codifies the common law distinction
trade secret agreement and a covenant not to compete.
The General Laws Subcommittee gave a report of favorable with amendment to
broadens the category of individuals who may be held responsible for child
to include individuals who do not have legal custody of a child, but do have recurring access. The bill
also makes it unlawful to place a child in a situation that would likely lead to abandonment
LABOR, COMMERCE AND INDUSTRY
The Labor, Commerce and Industry Committee reported favorably on
H.3439 which regulates the sale
of "regrooved" and "regroovable" tires by codifying in state law existing federal standards. The
committee also reported favorably on H.3381 which
recodifies the enabling statute of the South
Carolina Board of Architectural Examiners so as to bring it into conformity with the uniform
organizational and administrative framework for professional and occupational licensing boards
established for the Department of Labor, Licensing, and Regulation in 1996. The committee
report of favorable with amendment to H.3177 which
requires a general contractor's license for any
marine construction which is to be undertaken in bodies of salt water where the cost of
at least ten thousand dollars. The committee tabled two bills.
H.3259 increases from thirty thousand to
forty-five thousand dollars the minimum cost of undertakings which require a general
license and increases from seventeen thousand five hundred to thirty thousand dollars the
of undertakings which require a mechanical contractor's license.
H.3092 eliminates the requirement
that a private detective employed by a licensed detective business must be a citizen of the United
The Business and Commerce Subcommittee gave a report of favorable with amendment to
which alters the way in which the average weekly wage of volunteer firemen is calculated for the
purpose of determining workers' compensation benefits. Amendments specify the manner in
affected employees must be notified. If volunteer firemen, police deputies, and rescue workers
properly notified of the limits on their worker's compensation benefits, the political subdivision
responsible for paying out worker's compensation benefits calculated as a percentage of the
average weekly wage, rather than the statewide average weekly wage limits set for the line of
which that individual volunteers. The Subcommittee also reported favorably on
H.3328 which sets as
the salary for members of organized volunteer hazardous materials-spill response teams at
and one-half percent of the average weekly wage in this state for the preceding year.
MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS
The Occupational Regulation and Licensing Boards Subcommittee amended and passed out
which rewrites the practice act for speech pathologists and audiologists to make it conform to the
administrative framework established for all boards and commissions administered by the
of Labor, Licensure and Regulation (LLR). The bill also makes several substantive changes,
include reducing the number of members who serve on the board from 6 to 5, updating and
definitions of terms used in the practice act, and increasing all fees charged by the board to cover
cost of administration.
WAYS AND MEANS
The Ways and Means Economic Development, Capital Improvement and Other Taxes
amended and recommended a favorable report on
H.3648. This bill creates the South Carolina
Economic Development Authority, and provides for its governance, powers, and duties. The bill
provides for the devolution upon the Authority, on approval by the SC Budget and Control
various functions, powers and duties of the SC Department of Commerce that are considered
necessary to enhance economic development and growth. The Authority is intended to
and enhance the economic development efforts of the Department of Commerce and would
conjunction with that agency to more effectively compete in the recruiting of industry to SC.
employees would not be classified as state employees, but would be eligible for the same State
that state employees receive. The Authority would be headed by a director, to be appointed by
Governor. The Secretary of Commerce may serve as director, ex officio. The
the bill to delete a special Freedom of Information (FOI) Act exemption provided to the
there is already an exemption in the FOI Act for economic development activity.
The full Ways and Means Committee considered two bills:
H.3312, the 1997 Bond Bill, and
which is described in the preceding paragraph. After adopting the subcommittee report on
H.3648, the bill was adopted as a committee bill. The new bill number is
H.3312, the 1997 Bond Bill, was given a favorable
report with amendments, and was adopted by the
full committee as a committee bill. The committee bill,
H.3694, authorizes the issuance of state capital
improvement bonds totaling $250,660,401. Some of the larger projects funded in the bill include
Department of Corrections construction ($54.7 million); Clemson PSA agriculture biotechnology
complex/greenhouses ($17 million); Department of Natural Resources for purchase of Jocassee
property ($10 million); State Board for Technical and Comprehensive Education - all technical
statewide, deferred maintenance and/or equipment ($10 million); Coastal Carolina Humanities
($11.775 million); Clemson University central energy facility ($10 million); College of
Charleston - new
library ($12 million); and USC-Columbia renovation/deferred maintenance for multiple facilities
AGRICULTURE, NATURAL RESOURCES, AND ENVIRONMENTAL
H.3699 GUEST FISHING LICENSE Rep.
This bill states that a special guest fishing license for an annual fee of $50.00 may be issued only
owner or lessee of private property bordering inland fishing waters or bordering joint fishing
including public mountain trout waters, and entitles persons to fish from the shore, from a pier or
originating from the property, or within 100 feet of either side of the pier or dock without an
H.3670 USE OF CRAB POTS ON PAWLEY'S
ISLAND Rep. Miller
Currently it is unlawful to set or use a trap or basket commonly termed a 'crab pot' to catch crab
commercial purposes within Pawley's Island Creek and Midway Creek on Pawley's Island in
County between May first and October first. Individuals may set two crab pots to catch crabs for
consumption and not for sale. This bill would prohibit the use or a crab pot to catch crab for
purposes in those areas year round rather than within those specified dates.
H.3671 PURSUING ANTLERED DEER WITH DOGS
This bill makes it unlawful to pursue deer with dogs except during the prescribed season for
hunting deer on
tracts of more than 750 contiguous acres which are owned or leased by the person pursuing the
deer. Invitees and persons who have the written permission of the owner or lessee of such land may
also engage in
the pursuit of deer with dogs.
S.23 LIEN PLACED UPON AN ANIMAL
Current law allows the owner of an animal boarding facility, at the end of an agreed upon term of
to have a lien upon any animal which is left with him for upkeep, rest and training until the cost
upkeep, rest and training has been paid by the owner of the animal. This bill states that if the
owner of the
animal has not paid the costs associated with keeping the animal after actual notice of the lien
within ten days
of such notice, the animal boarding facility owner may sell the animal after advertising the sale. Current law
requires payment within sixty days of such notice. If the animal is not purchased at the
advertised sale, the
owner of the animal boarding facility shall become the owner of the animal with all the rights,
obligations of ownership. A transfer of ownership pursuant to this section entitles the new
owner of the
animal to obtain the breed registration certificate for the animal from the organization or
issued the certificate.
S.24 SALE OF FERRETS AS PETS Sen.
This bill removes ferrets from the list of carnivores which may not be sold as pets in this State.
The bill also
states that no ferret may be sold in this State without proper vaccination against rabies. A person
purchases or possesses a ferret must maintain proper vaccination treatment for it annually. Purchasers of a
ferret must be provided with a notice not less than eight inches by eleven inches which bears an
letters not less than three-fourths inch high stating the following: FERRETS HAVE A
MAKE UNPROVOKED ATTACKS THAT CAUSE BODILY INJURY TO A HUMAN
S.275 STERILIZATION OF DOGS AND CATS Sen.
This bill requires public or private animal shelters, animal refuges, or humane societies to have
all dogs or
cats sterilized before relinquishing custody of the animal. This section would not apply to a
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. A
acquires a dog or cat who fails to have the animal sterilized must forfeit ownership and pay the
agency, society, or refuge where the dog or cat was obtained a sum of $200.00.
S.360 DRINKING WATER REVOLVING LOAN
FUND Sen. Drummond
This bill establishes the Drinking Water Revolving Loan Fund, requires the State to make a
biennial report to
the E.P.A. concerning the Drinking Water Revolving Loan Fund, brings the State's laws into
the federal Safe Drinking Water Act, and adds additional powers to the S.C. Water Revolving
EDUCATION AND PUBLIC WORKS
H.3664 REQUIRED EQUIPMENT ON A
MOTORCYCLE Rep. Hodges
This bill deletes the current provision that no person shall operate a motorcycle with handlebars
more than 15
inches in height above the portion of the seat occupied by the operator.
H.3683 LICENSE PLATES FOR MEMBERS OF WILD
TURKEY FEDERATION Rep. Felder
This bill provides for the issuance of special license plates for members of the National Wild
Federation. The fee for the plate is $30 biennially, in addition to the regular motor vehicle
Only one plate may be issued to a person.
H.3684 LICENSE PLATES FOR VETERANS AFFAIRS
OFFICERS Rep. Felder
This bill provides for the issuance of special license plates for County Veterans Affairs Officers. The biennial
fee for the plate is $30, in addition to the regular motor vehicle registration fee. Only one plate
may be issued
to a person.
H.3691 DEPARTMENT OF TRANSPORTATION
MAINTENANCE ENGINEERS Rep. Bailey
This bill requires that SC Department of Transportation county resident maintenance engineers
reside in the
county to which they are assigned.
H.3693 FACULTY AT STATE-SUPPORTED HIGHER
LEARNING INSTITUTIONS Rep. Stille
This bill requires that, beginning with the 1998 fall semester, full-time undergraduate faculty of
state-supported institutions of higher learning must teach 12 credit hours each semester. However, this 12 hour
requirement will be reduced for full-time undergraduate faculty who perform research. The
research faculty will be in increments of three credit hours, based on the percentage of their time
research as determined by the appropriate dean and certified to the president of the institution, as
H.3697 MOTOR VEHICLE LICENSE PLATES Rep.
This bill requires that the name of the county in which a motor vehicle is registered and property
paid must be shown in bold characters on the license plate. The bill also prohibits logos and
being placed on a license plate.
H.3667 CUSTODIAL PARENTS MOVING OUT OF
STATE Rep. Kirsh
This bill provides that a family court may not issue an order prohibiting a custodial parent from
residence to a location outside of the state, without a compelling reason or an agreement between
which prohibits such a move.
H.3668 OUT-OF-STATE SERVICE FOR SPECIAL
PURPOSE OR PUBLIC SERVICE DISTRICTS Rep.
This bill authorizes a special purpose or public service district whose boundaries are contiguous
state to enter into agreements to supply water or sewer service to areas located in that state.
H.3677 REVISIONS TO UNIFORM SECURITIES
ACT Rep. Klauber
This bill makes various revisions to the Uniform Securities Act, including, changing definitions
covered adviser" and "federal covered insurer." The bill specifies which investigative records
filed with the Securities Commissioner are not considered public information. Investment
or notice filing expires after two years, unless renewed. Provisions are made by which the
Commissioner may refer evidence of violations to the Attorney General's Office or other
S.267 NONATTENDANCE OF JURORS Sen.
This bill raises the penalty from a twenty dollar to a fifty dollar fine which the court must impose
individual who is duly drawn and summoned to attend as a juror, but who, without sufficient
excuse, fails to
attend. The fine for unexcused nonattendance for jury duty in a magistrate's court is raised from
to fifty dollars. Additionally, the bill enhances a magistrate's ability to punish contempt in his
H.3686 LOCAL ORDINANCES ON PERSONAL
WATERCRAFT Rep. Edge
This bill restrains local governments from utilizing local ordinances regarding the operation of
watercraft which are inconsistent with state law. Local governments may not use the authority to
franchises so as to create a monopoly on the operation of personal
watercraft. The Department of Natural Resource is granted sole authority in regulating personal
operated from a pier in the Atlantic Ocean or from floating docks attached to such a pier.
H.3687 DEPOSITS MAINTAINED BY
PROFESSIONAL BONDSMEN Rep. Altman
This bill reduces the minimum amount on the deposit which a professional bondsman must
maintain with the
clerk of court from one-fourth to one-tenth the amount of all bonds or undertakings written in
this state on
which the bondsman is liable as of the first of the current month.
S.6 DRUG IMPAIRED INFANTS ACT Sen.
This bill specifies circumstances under which a physician providing care for a newborn may
order testing for
drugs and alcohol without the consent of parents. A pregnant woman referred for substance
must receive first priority for use of available treatment, with all treatment records remaining
confidential. Substance abuse treatment facilities receiving public funds may not refuse to treat a woman
she is pregnant. Physicians and certain other specified care givers are required to refer women to
abuse treatment programs where substance abuse is evident. School districts must include in
alcohol education program curricula, information regarding the physiological problems, before
and after birth,
caused by the use of cigarettes, alcohol and controlled substances.
S.72 REIMBURSEMENT FOR LAW ENFORCEMENT
TRAINING Sen. Rose
This bill requires a governmental entity which permanently employs a law enforcement officer
successfully completed state-required training while under the employ of another governmental
reimburse the governmental entity that employed the officer during the training period. Amounts and
conditions for reimbursement are specified.
H.3690 DEPARTMENT OF TRANSPORTATION
RESIDENT MAINTENANCE ENGINEERS Rep.
This bill requires Department of Transportation Resident Maintenance Engineers to reside in the
where they are assigned.
S.292 CONCEALABLE WEAPONS FEES Sen.
This bill provides that the State Law Enforcement Division shall collect and maintain
application, renewal and replacement fees for the administration of the "Law-Abiding Citizens
Act of 1996." Maximum sizes for concealable weapon permits are specified.
LABOR, COMMERCE AND INDUSTRY
S.269 LICENSURE OF BARBERS Sen.
This bill conforms the chapter of the code pertaining to the licensure and regulation of barbers so
conform it the uniform organizational framework for professional and occupational boards.
S.271 LICENSURE OF ARCHITECTS Sen. J. Verne
This bill conforms the chapter of the code pertaining to the licensure and regulation of architects
so as to
conform it the uniform organizational framework for professional and occupational boards. The
enhances the investigatory and disciplinary authority of the Board of Architectural Examiners.
S.535 USE OF GENETIC INFORMATION IN
ACCIDENT AND HEALTH INSURANCE Banking and
This bill prohibits accident and health insurers from imposing certain restrictions on coverage on
the basis of
information obtained in genetic tests. All genetic information is confidential, conditions for
disclosure of such information are specified. Civil remedies are provided for individuals harmed
unauthorized disclosure of genetic information.
H.3685 LABELING OF PEAT Rep. Cato
This bill provides that it is unlawful to market, distribute, sell, or advertise for sale any product
with a label
containing the term "peat" unless that product is partially carbonized vegetable tissue formed by
decomposition in water of various plants. A violator is guilty of a misdemeanor and subject to a
fine of five
hundred dollars or imprisonment for ninety days.
H.3688 MUNICIPAL UTILITIES Rep.
This bill limits a municipal utility's exemption from Public Service Commission regulation to
the municipality's corporate limits. Exemption from Public Service Commission regulation for
made by a municipal utility is limited those contracts which a municipality makes with
within the corporate limits of the municipality.
S.458 SMALL GROUP HEALTH INSURANCE
Banking and Insurance Committee
This bill revises premium rates and rating factors for small group health insurance so as to make
use of an
index rate versus an actuarial base rate as a measure of the "average rate." Actuarial certification
requirements are enhanced. Rate variation from the index rate is authorized. Requirements are
information which must be disclosed to small employers in health insurance sales and
H.3700 JOINT ELECTRIC POWER DEREGULATION
STUDY COMMITTEE Rep. T. Brown
This joint resolution creates a Joint Electric Power Deregulation Study Committee to study all
phases of the
deregulation of electric power providers in the state. The committee is composed of the
Chairman of the
House Labor, Commerce and Industry Committee, two other House members appointed by the
Chairman of the Senate Labor, Commerce and Industry Committee, two other Senators
appointed by the
President Pro Tempore, two members appointed by the Governor to represent for-profit electric
companies, two members appointed by the Governor to represent electric cooperatives, and three
appointed by the Governor to represent the general public.
MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS
S.359 LICENSING OF LONG TERM HEALTH CARE
ADMINISTRATORS Sen. Giese
This bill applies to the regulation of nursing home administrators and residential care facility
conforming the practice act to the statutory organizational and administrative framework
professional and occupational licensing boards in the South Carolina Code.
H.3682 REGULATION OF COSMETOLOGY Rep.
This bill conforms the chapter relating to the licensure and regulation of cosmetology to the
organizational and administrative framework established for professions and occupations in the
Carolina Code. The bill would discontinue the issuance of temporary permits and transfer
keeping responsibilities from the Department of Labor, Licensing, and Regulation to beauty
S.25 TATTOO ARTISTS AND TATTOO
PARLORS Sen. Mescher
This bill establishes requirements and procedures for registration of tattoo artists and tattoo
parlors in this
State, and allows a person over the age of 18 to get a tattoo in this State legally. The bill requires
engaged in tattooing to demand proof of age from a prospective recipient if an ordinary person
conclude on the basis of appearance that the prospective recipient may be under the age of
WAYS AND MEANS
H.3669 CLEMSON UNIVERSITY ATHLETIC
FACILITIES REVENUE BONDS Rep. R. Smith
This bill broadens the scope of law authorizing the issuance of revenue bonds of Clemson
to the purpose of bonds issued for, among other things, acquiring, constructing, renovating, and
athletic facilities at the University. The bill provides that these bonds are payable from the
revenues, or pledges of revenues or fees as designated by the trustees, as well as from revenues
admissions fees for events held at Clemson athletic facilities and revenues from special fees
which may be
imposed upon Clemson students. Upon approval of the SC Budget and Control Board and review
by the Joint
Bond Review Committee, Clemson's trustees may borrow such sums as necessary to accomplish
certain purposes, but the faith and credit of the State may not be pledged for the payment of the
interest of such bonds. The bill provides that Clemson University trustees shall from time to
resolutions providing for the issuance of these bonds, and the resolutions shall prescribe the
tenor, terms and
conditions of the bonds, within limitations included in the bill. The bonds may be disposed of in
as the trustees determine, except that no privately negotiated sale without public advertisement
may be made
without prior approval of the Budget and Control Board. The trustees must maintain any
fees or special student fees on a basis and in such amounts as will be sufficient to provide for the
the principal of and interest on the bonds as the bonds mature and to provide the required reserve
any bond reserve fund. Relevant powers of the trustees, including but not limited to those
powers relating to
issuing bonds, imposing admission fees and special student fees, pledging certain revenues to
bonds, and use of athletic facilities, are delineated in the bill.
H.3672 INCOME OF PRESIDENTS OF
STATE-SUPPORTED INSTITUTIONS OF HIGHER
LEARNING Rep. Simrill
This bill provides that the president of any state-supported institution of higher learning may not
additional income or consulting fees from any other public source in an amount exceeding 10%
compensation as president as provided in the annual General Appropriations Act. Also, any
earned income or
consulting fees from private sources must be approved by the board of trustees of that institution
State Budget and Control Board.
H.3673 STATE AGENCIES/COLLECTION OF
DISHONORED CHECKS Rep. Kirsh
This bill provides that state agencies may establish, collect, and retain fines to cover the costs of
dishonored checks. Any such fines must be retained and expended by the agencies solely for that
S.52 STATE AGENCIES/SALE OF ADVERTISING
SPACE Sen. Passailaigue
This bill authorizes a state agency to contract to sell commercial advertising space in its
facilities, buildings, and on its vehicles, in exchange for cash payment. All funds received would
to the advertising contract fund, which the bill creates in the state treasury. The agency that
contracts to sell
the advertising space would receive 40% of the revenue generated from selling the space, and
reimbursed for expenses incurred directly associated with the contracting process. The
would be transferred to the general revenue fund. The bill provides restrictions and prohibitions
advertisements, provides that contracts for advertising must be awarded only by competitive
bidding and to
the highest bidder, and provides that the agency must anticipate that the contract will produce a
profit for the
State or the contracting state agency or instrumentality. The bill makes provisions for violations
restrictions and requires that annual reports describing the opportunities for and results of sales
commercial advertising space be submitted to the Governor, to the Speaker of the House, and to
of the Senate by each agency selling advertising space. Institutions of higher education, the
Parks, Recreation and Tourism, and agencies or programs which receive no state appropriated
are exempt from the provisions of this bill. The bill prohibits advertising in or on the State
House, the State
House grounds, the office buildings located on those grounds, or the capitol complex.
S.156 PROPERTY TAX REDUCTION WORK ACT
This bill authorizes county governing bodies to adopt, by ordinance, a county property tax
permitting residents of the county to work off portions of their property taxes in exchange for
services for the county. The bill includes provisions for eligibility to participate in the program
for methods and amounts of compensation to the program participants.
S.330 DISTRIBUTION OF "C" FUNDS Sen.
This bill authorizes a county legislative delegation to abolish (by resolution) the county
committee and devolve the committee's powers and duties upon the governing body of the
devolution may be reversed and the county transportation committee reestablished by a
resolution. County transportation committees, in addition to other responsibilities, currently are
for adopting a county transportation plan which governs the distribution and use of "C" fund
H.3698 TAX CREDIT FOR INVESTMENT IN FILM
ENTERPRISE Rep. Limehouse
This bill allows a nonrefundable credit against a taxpayer's state income tax liability in an
amount equal to
50%, but not more than $15,000, of a taxpayer's cash investment in a "qualified South Carolina
enterprise" (as defined in the bill). A taxpayer may claim no more than one credit in connection
production of a single motion picture. The credit is allowed over more than one taxable year but
total credit in all years, toward any single motion picture, may not exceed $15,000.00. Any
may be carried forward to five succeeding taxable years. The bill delineates procedures for an
be qualified to receive the credit. The bill also allows an additional state corporate income tax
credit in an
amount equal to 50% of a taxpayer's investment in the construction and equipping of a motion
production facility in South Carolina in which the taxpayer has an ownership interest. Any
unused credit may
be carried forward to five succeeding taxable years.
The Legislative Update is on the Worldwide Web. Visit the South Carolina General Assembly
(WWW.LPITR.STATE.SC.US) and click on the "Quick Find Guide." On the next screen, click
Update." This will list all of the Legislative Updates by date. Click on the date you need.
The S.C. General Assembly HOME PAGE