Posted on Fri, Apr. 11, 2003


Legislative action for the week of April 7-11


Associated Press

The 13th week of the legislative session:

CIGARETTE TAX: The Senate Finance Committee unanimously agreed Tuesday to reduce state income taxes in a key victory for Gov. Mark Sanford. The committee also voted 12-7 to raise the cigarette tax before passing the bill on to the Senate Medical Affairs Committee to deal with the legislation's Medicaid program overhaul. The tax increase would generate about $171 million for health care programs for the state's neediest residents. Those Medicaid initiatives faced a $212 million budget shortfall. Over 15 years, the state's income tax rate would drop from 7 percent to 5 percent.

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SEAT BELTS: The House approved a bill this week that would allow police to stop a motorist for not wearing a seat belt. The bill, which received third reading on Thursday, would create a primary law allowing seat belt enforcement. South Carolina currently has a secondary seat belt law for adults. That means police cannot ticket a motorist who is 18 or older for seat-belt violations unless the motorist is pulled over for another reason, such as speeding. A person caught not wearing a seat belt would be fined $25. Opponents say the bill takes away an individual's rights. But supporters say it would prevent fatalities and injuries and cut down on millions of dollars in health care costs related to the accidents.

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HOSPITAL ERROR: Rep. James Smith, D-Columbia, introduced a bill Thursday aimed at protecting patients from hospital error. The bill, called the Lewis Blackman Hospital Patient Protection Act, attempts to open communication between hospitals and patients. It's named after 15-year-old Lewis Blackman, who died in 2000 of complications from routine surgery at the Medical University of South Carolina. The bill requires patients to be informed of medical residents or trainees involved in their treatment and requires an attending physician to serve as primary physician for each hospital patient. It also says every patient must be seen by an attending physician at least once a day and hospitals with more than 100 beds must have an attending physician present in the hospital at all times.

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VOTING SYSTEM: The House Election Laws subcommittee approved a bill Wednesday to create a single statewide voting system. The bill would require the State Election Commission to adopt one election system. South Carolina counties currently use seven types of voting operations, from electronic to punchcard machines. The bill would go into effect once South Carolina receives funds for counties to make the switch. The subcommittee delayed the bill's effective date until the state finds the money so counties don't have to pay for new machines. The bill now moves to the full House Judiciary Committee for debate.

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SECURITIES FRAUD: The state grand jury's duties would be expanded to include investigating securities fraud under a bill approved Tuesday by the Senate Judiciary Committee. The bill comes after state Attorney General Henry McMaster began an investigation of Carolina Investors Inc., which closed its doors late last month. The bill would hold liable a person who knowingly assists another person who engages in fraudulent acts under the Uniform Securities Act to the same extent as the person who engaged in the fraudulent activity. It also would change the statute of limitations for cases involving deception of an investor to three years after discovery of the untrue statement or omission.

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RESEARCH UNIVERSITIES: The House Ways and Means Committee on Tuesday approved a bill that would free the state's three research universities of regulations by the state Commission on Higher Education. The legislation was intended to give Clemson University, the Medical University of South Carolina and the University of South Carolina the ability to increase their research capabilities while focusing on adding to the state's economy. It also would allow the schools to collaborate more effectively and find ways to increase private funding through grants, patents and private partnerships. The bill, which has bipartisan support, moves to the House floor.

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JUDGES ELECTED: The General Assembly on Wednesday elected judges to state appellate and circuit courts. Legislators selected Circuit Judge Donald Beatty of Spartanburg to fill the Court of Appeals seat being vacated Jasper Cureton of Richland County, who retires June 30 after about 20 years on the bench. Cureton was the state's highest-ranking black judge. Beatty also is black. Lawmakers also re-elected Kaye G. Hearn to her spot as chief judge of the Court of Appeals. Ray N. Stevens was elected to the Administrative Law Judge Division, seat 5. The General Assembly also elected 13 judges to the Circuit Court.





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