Act 344 -- American Sign Language
H. 3055 -- Representative Herbert Kirsh

This act allows the board of trustees of a school district to grant credit as an elective to a pupil who satisfactorily completes a high school course in American Sign Language. The act also creates a task force to assist in the development of guidelines for qualifications of those teaching the course and the recommended course of study to be followed.

Signed May 29, 1996.

Act 421 -- Equal Rights of Parents
H. 3228 -- Representative Denny Neilson

This act provides that each parent of a child, whether custodial or noncustodial, has equal access and the same right to obtain all educational records and medical records of his/her minor children and the right to participate in school activities unless prohibited by court order.

Signed June 18, 1996.

Act 429 -- EFA Weighting for Pupils with Autism
H. 4431 -- Representative Ronald Townsend

This act defines a pupil with autism and establishes a weighting of 2.57 under the Education Finance Act (EFA). It also requires the State Department of Education to convene a task force to review district costs for pupils with autism and to recommend an appropriate weighting based on the findings. The second part of this act allows parents or guardians to home school their children if the instruction is conducted under the auspices of a home school association which has no fewer than 50 members.

Became law without the Governor's signature on June 20, 1996.

Act 413 -- Education Entrance Examination
S. 949 -- Senator Robert Hayes

Before December 1, 1996, a student desiring to teach can take the Education Entrance Examination (EEE) a fourth time if he/she failed the first three attempts. The student must complete a remedial or developmental course before the fourth attempt and must pay the administration fee for the fourth attempt.

After December 1, 1996, a student who fails the first two attempts of the EEE may retake any test section a third time but must first complete a remedial or developmental course. If the person fails to pass the third attempt, a three-year wait is required before another attempt.

After December 1, 1996, a student may not enter a teacher education program until he/she has passed the EEE.

Became law without the Governor's signature on June 6, 1996.

Act 389 -- Reimbursement of School District
H. 3905 -- Representative David Wright

This act allows a local school board to charge a fee to parents who send their child(ren) to a school in a district in which they do not reside. This act requires parents to pay the amount equal to the prior year's local revenue per child raised by the millage levied for school district operations and debt service, reduced by school taxes on real property owned by the child paid to the school district in which he is enrolled. The district may waive all or a portion of the payment. If payment to the school district is not made within a reasonable time (as determined by the district), the child will be removed from the school after notice is given.

Students who are enrolled in the nonresident district prior to September 9, 1996, and who have remained enrolled continuously shall not be required to pay the fee.

Became law without the Governor's signature on June 6, 1996.

Act 368 -- Participation in Physical Education
S. 1071 -- Senator Phil Leventis

This act allows a student seeking an exemption from state-required participation in physical education to apply for a waiver from the local school board. The board may grant a waiver for the following reasons: (1) participation in physical education would jeopardize the student's health and well-being; or (2) the parent and student show that the student's attending physical education classes will violate their religious beliefs. The parent or student must be members of a recognized religious faith that objects to physical education as part of its official doctrine or creed in order to seek a waiver under (2).

Signed May 29, 1996.

Act 359 -- Higher Education Quality and Accountability Act
S. 1195 -- Senate Education Committee

This act augments the power of the SC Commission on Higher Education so that it might have the broad and long-range oversight needed to bring about a high quality, integrated system of higher learning. The legislation defines the primary mission focus for research institutions, four-year colleges and universities, two-year institutions, and the state technical and comprehensive education system, empowering the commission to keep each type of institution from drifting into the specialties reserved for other categories.

The commission, working through regulations approved by the General Assembly, is empowered to reduce, expand, consolidate, or close any institution of higher learning. In making such decisions, the commission must gauge the success of an institution against several critical success factors for academic quality. These critical factors are (in order of descending priority): (1) mission focus, (2) quality of faculty, (3) classroom quality, (4) institutional cooperation and collaboration, (5) administrative efficiency, (6) entrance requirements, (7) graduates' achievements, (8) user-friendliness of the institution, and (9) research funding. Each factor is measured by a series of performance indicators and the commission is charged with formulating reliable, objective measures for each of the indicators.

The commission, guided by the performance indicators, will determine whether an institution's fiscal resources will be reduced or expanded. Institutions must submit budget requests to the commission that will, in turn, submit its overall budget request for the higher education system to the governor and appropriate standing committees of the General Assembly. The commission must approve all program expansions and acquisitions of real property.

Signed on May 20, 1996.

Act 324 -- School Crime Report Act
H. 4430 -- Representative David Wright

This act assigns the Attorney General's Office a role in monitoring and prosecuting crimes that occur at public schools or school-sponsored events. Using a form developed previously by the State Law Enforcement Division and the State Department of Education, school districts shall report incidents to the State Department of Education that shall, in turn, report all findings to the General Assembly and the Attorney General's Office. The form calls for a description of the incident including such information as the cost of the crime to the school or to the victim, whether the offender or victim was enrolled or was employed at the school, and whether the offender was suspended or expelled from school at the time of the incident.

Similarly, local law enforcement will make use of the "school safety phone line" to report to the Attorney General's Office any felony, assault and battery of a high and aggravated nature, crime involving a weapon, or drug offense committed at a school or school-sanctioned activity.

The attorney general will use the information to monitor school crime and may elect to represent the local school district when a criminal case reaches an appellate court.

Signed on May 20, 1996.

Act 390 -- Medical University of South Carolina Lease Agreement
H. 3915 -- House Education and Public Works Committee

This act authorizes the Medical University of South Carolina (MUSC) to lease its medical center facilities to a private enterprise.

Supporters of the lease contend that recent changes in the health care industry, such as reductions in Medicare and Medicaid, threaten the smooth and profitable operation of the medical center thereby jeopardizing the institution's academic programs that are heavily subsidized by medical center revenues. MUSC has turned to the idea of leasing its medical center to Columbia/HCA, one of the nation's largest health care providers, reasoning that Columbia/HCA is, by virtue of economies of scale, more capable of operating the medical center profitably and that Columbia/HCA's lease payments would provide the university with a reliable stream of income. Without a reliable source of income, turbulent times in the health care industry could force MUSC to turn to taxpayers to make up for lost revenues. Whereas MUSC's Board of Trustees approved the agreement in March, members of the General Assembly, backed by an attorney general's opinion, contended that such an affiliation between a public institution and a private enterprise must receive specific legislative approval.

To that end, this act authorizes MUSC, with approval from the State Budget and Control Board, to transfer operation of the Medical University Hospital, lease hospital land and facilities, and sell equipment and other assets to one or more private operators. The term of the lease must not exceed 30 years. A private operator who leases the facility, may not transfer, sell, or lease the hospital to any other private operator without prior approval of MUSC Board of Trustees. The private operator must continue MUSC's present level of commitment to indigent care. MUSC and the state of South Carolina are shielded from tort liability incurred by the private operator. The private operator is prohibited from using MUSC's name and logo without written approval from MUSC. The act also specifies that members of the General Assembly must pay co-payments and deductibles for receiving services at a hospital facility in the state.

Signed on June 5, 1996.

Act 463 -- Public School Facilities Assistance Act
S. 1117 -- Senate Education Committee

With this legislation, the General Assembly determines how it will distribute the majority of revenues generated by last year's extension of waste collection at the Barnwell Low-Level Radioactive Waste Facility. When the General Assembly extended the life of the Barnwell facility, it pledged that seventy-percent (70%) of revenues would be distributed to school districts for use in renovating existing school facilities and building much-needed new facilities. Lawmakers had not, until passage of this act, provided a distribution formula. Funds will be allocated annually to school districts based on the following formula: 35% based on weighted pupil units, 35% based on the Education Finance Act (EFA) formula, 15% based on need, and 15% based on effort. Weighted pupil units are statewide standards that remain constant from one district to the next. The EFA formula takes into account a district's relative fiscal capabilities. Need is determined by comparing each school's enrollment to its buildings sizes and ages. Effort is based on the average of the past capital expenditures used to meet the district's building needs over the past five years.

For the 1996-97 school year only, school districts are authorized to use the funds for debt service and the construction/purchase of portable classrooms.

Signed on July 12, 1996.

Act 447 -- Charter Schools
H. 4443 -- Representative David Wright

In passing this legislation, the General Assembly follows a trend set by several states and the federal government to emphasize charter schools as a means of encouraging educational innovation, promoting performance-based accountability, enhancing learning, and fostering a sense of community involvement. The legislation allows the formation of a charter school defined as a public, nonsectarian, nonreligious, non-home based, nonprofit, school accountable to the local school board. A charter school is governed by a charter committee that acts as a board of directors for the nonprofit corporation and is elected annually by parents and teachers. While operating within a public school district and receiving all appropriate federal, state, and local funds, a charter school is positioned to offer innovation insofar as it is: (1) fiscally autonomous, (2) authorized to employ noncertified instructors, and (3) freed from all State Department of Education regulations except those pertaining to health, safety, civil rights, and disability rights.

A charter school must admit all students who are eligible to attend public school in the district. Slots are filled by lot if applications exceed available space. Priority may be given to children of charter school employees and students already enrolled in a school that converts to charter status as well as siblings of those students. Under no circumstances; however, may a charter school's enrollment differ from the racial composition of the school district by more than 10%.

A charter school may be established by one of two routes. (1) An existing public school may convert to a charter school with the approval of two-thirds of the instructional staff and parents. A converted charter school may employ noncertified teachers in numbers that do not exceed 10% of the entire teaching staff. (2) An application may be made to a local school board for the formation of a new charter school once the nonprofit status is secured. A new charter school may employ noncertified teachers in numbers that do not exceed 25% of the entire teaching staff. Whether a converted school or newly-formed school, sponsors of a charter school must submit to the local school board an application detailing the goals of the school as well as a plan for meeting transportation needs of students. The local school board decides whether approval of the proposed charter is in the best interest of the district as a whole. A charter contract is granted for three years and is subject to renewal at the end of the terms of the contract. The local school board may refuse to renew or may revoke a charter if the board determines that the charter school is not making reasonable progress toward stated goals, demonstrates fiscal mismanagement, or fails to comply with the laws from which it is not exempt.

Signed on June 18, 1996.

Act 399 -- Winthrop University Facilities Revenue Bond Act
H. 4637 -- Representative Ronald Townsend

This act authorizes Winthrop University to issue up to twenty-five million dollars worth of revenue bonds so as to acquire, construct, renovate and equip such revenue-producing facilities as laundries, canteens, vending machines, book stores, and parking lots. Revenue generated by these new facilities may be used to pay the principal and interest on the bonds.

Signed on June 4, 1996.

Act 385 -- Antique Motor Vehicle Dealer License Plate
H. 3663 -- Representative Herbert Kirsh

This Act permits the issuance of antique dealer license plates to certain licensed motor vehicle dealers. The license plates may be used exclusively on antique motor vehicles owned by, assigned, or loaned for test driving purposes. Use by a prospective purchaser is limited to seven days, and the dealer shall provide the prospective purchaser with a dated demonstration certificate.

The antique car dealer must have a retail business license and must have made at least five sales of antique motor vehicles in the twelve months preceding his application for a dealer plate. The sales requirement may be waived by the department if the dealer has been licensed for less than one year.

"Antique motor vehicle" is defined as a motor vehicle which is over thirty years old. The cost of each plate is twenty dollars.

Became law without the Governor's signature June 6, 1996.

Act 392 -- Fees for Special Farm Vehicle Licenses
H. 3987 -- Representative Ronald Townsend

This Act changes the fee structure for farm vehicle licenses to one based on "gross vehicle weight" instead of "empty" weight. This change makes the fee structure of farm truck consistent with the fee structure of other types of trucks and is in accord with the practice of other states.

Signed June 4, 1996

Act 422 -- Purple Heart Special License Plates
Square Dance Commemorative License Plates
National Guard License Plate
Shriners License Plate
H. 3273 -- Representative Ronald Townsend

This Act reduces the fee for a purple heart special license plate. Formerly, the recipient had to pay both the regular biennial registration fee provided for in S.C. Code Section , and additionally, the biennial fee for special tags provided for in Section . This Act removes the additional biennial fee for special tags set forth in Section . Thereby, reducing the cost of a purple heart tag by $30 per recipient.

The act also creates the Square Dance Commemorative License Plate commemorating the Square Dance as the state's official American Folk Dance. The biennial fee for this plate is $50 in addition to the regular biennial registration fee provided for in S.C. Code Section .

The act also creates special license plates for the National Guard which must be imprinted with `National Guard' and the figure of the `Minute Man' in numbers to be determined by the department. Special license plates for retired members of the National Guard must denote the member's retired status in the location and manner determined by the department. The biennial fee for the special license plates is the regular motor vehicle registration fee prescribed by . (Same provision enacted by Act 425)

Finally, the act creates special license plates for members of the Shriners at the biennial registration fee set forth in , plus the special biennial fee provided for in Section (currently $30) (Same provision enacted by Act 425).

Signed June 18, 1996.

Act 425 -- Logging Truck Operation
Exemption of Certain Knuckleboom Loaders from Accidents Involving Law Enforcement Vehicles
Shriners License Plates
Study of Toll Roads on Federal Highways
National Guard Special License Plates
H. 4012 -- Representative Ronald Townsend

This Act:

Creates a special license plate for forest products haulers (i.e. log trucks);

Permits operation of log trucks at night, but brings loggers under the regulation of the Department of Public Safety;

Exempts from motor vehicle registration and licensing knuckleboom loaders mounted on a trailer or straight truck, if the operation of the vehicle on the highways is only incidental;

Requires that a serious accident involving law enforcement vehicles be investigated by an agency other than one involved in accident;

Creates special license plate for members of the Shriners at the biennial registration fee set forth in , plus the special biennial fee provided for in Section (currently $30) (Same provision enacted by Act 422);

Directs the Department of Transportation to conduct a study of tolls on federal highways in the state and report to the General Assembly by January 1, 1997;

Creates special license plates for the National Guard which must be imprinted with `National Guard' and the figure of the `Minute Man' in numbers determined by the department. Special license plates for retired members of the National Guard must denote the member's retired status in the location and manner determined by the department. The biennial fee for the special license plates is the regular motor vehicle registration fee prescribed by .(Same provision enacted by Act 422)

Signed June 18, 1996

Concurrent Resolution -- Shoeless Joe Jackson Memorial Parkway
H. 4424 -- Representative Rex Rice

A Concurrent Resolution naming a portion of United States Highway 123 in Greenville County from the Greenville County line continuing to Pendleton Street the "Shoeless Joe Jackson Memorial Parkway" as a lasting tribute to Joseph Jefferson Wofford "Shoeless Joe" Jackson.

Signature of Governor not required. Adopted February 14, 1996.

Act 459 -- Transfer of the Department of Motor Vehicles (DMV) to the Department of Public Safety (DPS)
Changes in truck axle weight provisions
Dealer license plate for an "economic development entity"
Permits the spouse of a wartime disabled veteran to retain deceased veteran's special license plate
S. 1162 -- Senator Morgan Martin

This legislation transfers the Division of Motor Vehicles from the Department of Revenue to the Department of Public Safety. The move is in accord with an Executive Order issued by the Governor earlier this year. The majority of the many changes made by this legislation are technical name changes necessary to effect transfer of the DMV into the DPS.

In the process of transferring the DMV to the DPS, the legislature used this opportunity to improve motor vehicle law in the following particulars:

• allowing more equitable treatment for South Carolina drivers when convicted under the Interstate Drivers License Compact.

• removing the driver's license suspension requirement for failure to pay county property tax and removing the previous requirement of obtaining SR-22 insurance for this offense.

• exempting stolen vehicles subject to settlement of insurance claims from salvage title requirements.

• uniting removal of abandoned or derelict vehicle requirements under DPS and allowing a county or municipality to recover any proceeds after costs of removal of derelict or abandoned vehicles.

• allowing DPS to enter into agreements with county and local law enforcement for the seizure of motor vehicle license plates and driver's licenses.

• giving the Bureau of Protective Services statutory authority to comply with national accreditation requirements.

• allowing DPS to accept satisfactory written test scores from qualified driver training/education programs eliminating duplication of written testing at DMV Field Offices.

• allowing DPS to garnish tax refunds rather than suspending drivers licenses for failure to satisfy financial requirements.

• allowing DPS to waive or refund driver's license fees for DPS error or for other similar error.

• Commercial Drivers License renewals extended to five years to conform with regular drivers license renewal period of five years.

The Act changes the axle weight requirements to those codified prior to federal requirements in accordance with federal grandfathering provisions.

It permits the spouse of a wartime disabled veteran to retain deceased veteran's special license plate unless or until remarried.

Signed June 6, 1996.

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Last Updated: September 21, 2001 at 9:19 AM