Scstatehouse.gov
FOREWORD
This document is prepared and compiled by the South Carolina Legislative Council as a reference to all Acts passed during the 2002 Legislative Session of the General Assembly of the State of South Carolina. Legislative Council, which prepares the Acts for ratification and publishes the Code of Laws for the State of South Carolina, offers this summary of the statewide legislation acted on by the General Assembly. For your convenience and ease of use, we have included a subject matter index to the enacted legislation, and a cross-reference to specific sections of the Code of Laws and how they are affected by the latest legislation. In all instances, users of this document are urged to examine as well the full text of the Act itself and any existing judicial opinions interpreting the effects of the Act. Text for local and temporary legislation can be found via the internet at .
As of the date of this publication approximately eighteen 2002 Acts of the General Assembly were still awaiting action by the Governor and these are reflected in this publication without an act number.
Also included with the summary is an index and synopsis of regulations passed by the General Assembly.
We welcome your comments as to how we can best serve you, and look forward to the upcoming legislative session.
TABLE OF CONTENTS
Foreword
I. 2002 Statewide Acts Page 1
II. Local and Temporary Acts and Joint Resolutions Page 169
III. Regulations Page 171
Contents
Synopses
IV. Index Page 199
(A166, R167, S511) Effective: 2/8/02
Department of Social Services, child protective services and foster care quality reviews
TO AMEND SECTION 43-1-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES COUNTY OFFICE BIENNIAL PERFORMANCE AUDITS, SO AS TO INSTEAD REQUIRE A SUBSTANTIVE QUALITY REVIEW OF THE CHILD PROTECTIVE SERVICES AND FOSTER CARE PROGRAMS IN EACH COUNTY AND EACH ADOPTION OFFICE EVERY FIVE YEARS, TO REQUIRE, AMONG OTHER THINGS, A COUNTY’S PERFORMANCE TO BE ASSESSED USING SPECIFIC OUTCOME MEASURES, TO REVISE PARTIES TO WHOM THE REPORT IS TO BE PROVIDED, AND TO REQUIRE THE REPORT TO BE POSTED ON THE DEPARTMENT’S WEBSITE.
ANALYSIS: This act revises the frequency, type, and scope of certain reviews conducted by the Department of Social Services. It requires a substantive quality review to be conducted only of child protective services and foster care programs in each county office every five years, rather than a performance audit every two years which could include review of more than the child protective services and foster care programs. The act requires the review to assess each county’s performance based on specific outcomes published by the department in advance, and it also requires assessment of the accuracy of the data submitted by the counties. Finally, the act requires the report of these reviews to be posted on the department’s website.
(A167, R168, S610) Effective: 2/11/02
Veterans’ Trust Fund Board of Trustees; membership and composition revised
TO AMEND SECTION 25-21-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES FOR THE VETERANS’ TRUST FUND OF SOUTH CAROLINA, SO AS TO INCREASE THE NUMBER OF BOARD MEMBERS FROM ELEVEN TO NINETEEN, TO REQUIRE AT LEAST ELEVEN MEMBERS, RATHER THAN ALL OF THE MEMBERS, TO BE HONORABLY DISCHARGED VETERANS, TO PROVIDE THAT THE REMAINING MEMBERS ARE NOT REQUIRED TO BE VETERANS, BUT IF THEY ARE VETERANS, THEY MUST HAVE BEEN HONORABLY DISCHARGED, AND TO DELETE THE PROVISION RESTRICTING MEMBERS FROM SERVING MORE THAN EIGHT CONTINUOUS YEARS ON THE BOARD.
ANALYSIS: This act increases from 11 to 19 the number of board members on the Board of Trustees for the Veterans’ Trust Fund and provides that only eleven, rather than all, of the members must be veterans. Further, it requires that any veteran appointed must have been honorably discharged from the armed services. Finally, it deletes the provision limiting the number of years that may be served on the board.
(A168, R169, S773) Effective: 2/12/02
Elections, voting precincts in Sumter County, map number redesignated
TO AMEND SECTION 7-7-501, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN SUMTER COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED.
ANALYSIS: Self explanatory
(A169, R170, H3539) Effective: 2/8/02
Computer Abuse Act of 2002
TO AMEND CHAPTER 16, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPUTER CRIME, SO AS TO ENACT THE “COMPUTER ABUSE ACT OF 2002”, BY AMENDING SECTION 16-16-10, RELATING TO DEFINITIONS CONTAINED IN THE COMPUTER CRIME ACT, SO AS TO REVISE THE DEFINITIONS OF “COMPUTER”, “COMPUTER SYSTEM”, “PROPERTY”, “SERVICES”, “ACCESS”, AND “COMPUTER HACKING”, AND TO DEFINE “COMPUTER CONTAMINANT”; TO AMEND SECTION 16-16-20, AS AMENDED, RELATING TO COMPUTER CRIMES AND PENALTIES, SO AS TO CREATE THE OFFENSE OF INTRODUCING A COMPUTER CONTAMINANT INTO A COMPUTER, COMPUTER SYSTEM, COMPUTER PROGRAM, OR COMPUTER NETWORK; BY ADDING SECTION 16-16-25, SO AS TO PROVIDE A CIVIL REMEDY OF COMPENSATORY DAMAGES AND RESTITUTION FOR THE OWNER OR LESSEE OF A COMPUTER, COMPUTER SYSTEM, COMPUTER PROGRAM, OR COMPUTER NETWORK INJURED BY A PERSON CONVICTED PURSUANT TO THE COMPUTER CRIME ACT; AND TO AMEND SECTION 16-16-30, RELATING TO THE VENUE FOR ACTIONS BROUGHT PURSUANT TO THE COMPUTER CRIME ACT, SO AS TO MAKE TECHNICAL CHANGES.
ANALYSIS: This act revises the definition of several terms contained in the Computer Crime Act and defines the term “computer contaminant”. It also establishes the offense of introducing a computer contaminant into a computer, computer system, computer program, or computer network. In addition it allows a victim of a computer crime to collect compensatory damages and restitution.
(A170, R172, H4272) Effective: 2/12/02
Horry County, precinct redesignated
TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED.
ANALYSIS: This act redesignates a precinct in Horry County to allow electors to more easily cast their ballots.
(A171, R181, H4392) Effective: 2/7/02
Technical college presidents and employees, exemption from grievance procedures and employment provisions
TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE RIGHTS AND PROCEDURES, SO AS TO EXEMPT PRESIDENTS OF THE SOUTH CAROLINA TECHNICAL COLLEGE SYSTEM, AND FURTHER PROVIDE FOR THE EXEMPTION OF OTHER EDUCATIONAL FACULTY AND EMPLOYEES; AND TO AMEND SECTION 59-53-52, RELATING TO POWERS AND DUTIES OF AREA TECHNICAL EDUCATION COMMISSIONS, SO AS TO PROVIDE THAT AREA COMMISSIONS SHALL EMPLOY THEIR RESPECTIVE TECHNICAL COLLEGE PRESIDENTS WHO SHALL BE EMPLOYED AT THE WILL OF THE AREA COMMISSION.
ANALYSIS: Technical college presidents and employees, exemption from grievance procedures and employment provisions
(A172, R171, H3653) Effective: 2/8/02
South Carolina Research Authority, research, development, public institutions of higher learning, private industry; Technical Advisory Board
TO AMEND SECTION 13-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO DELETE THE REQUIREMENT THAT ITS PRINCIPAL OFFICE BE LOCATED IN COLUMBIA; TO AMEND SECTION 13-17-40, AS AMENDED, RELATING TO THE AUTHORITY’S BOARD OF TRUSTEES, REPORTS, AND MEETINGS, SO AS TO PROVIDE THAT THE CHAIRMAN DETERMINES WHEN AND WHERE THE BOARD HOLDS ITS REGULAR MEETINGS; AND TO AMEND SECTION 13-17-60, RELATING TO THE AUTHORITY’S TECHNICAL ADVISORY BOARD, SO AS TO PROVIDE THAT ITS CHAIRMAN DETERMINES WHEN AND WHERE THE ADVISORY BOARD MEETS.
ANALYSIS: This act deletes the requirement that the authority’s principal office be in Columbia, and provides for the authority’s chairman and the advisory board’s chairman to schedule their respective meetings.
(A173, R182, S45) Effective: 3/5/02
Building Codes Council, members added
TO AMEND SECTION 6-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO SPECIFY THAT THE REPRESENTATIVE ON THE COUNCIL FROM THE MANUFACTURED HOUSING INSTITUTE MUST BE A REPRESENTATIVE OF THE MODULAR BUILDING INDUSTRY AND TO ADD A CODE ENFORCEMENT OFFICER TO THE MEMBERSHIP OF THE COUNCIL, TO MAKE ALL MEMBERS VOTING MEMBERS, AND TO PROVIDE THAT THE COUNCIL MUST MEET AT LEAST TWO TIMES A YEAR.
ANALYSIS: Self explanatory
(A174, R183, S92) Effective: 3/6/02
Probate; deed of distribution; personal representative; intestacy; real estate; recording
TO AMEND SECTION 62-3-907, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXECUTION BY THE PERSONAL REPRESENTATIVE OF A DEED OF DISTRIBUTION IN CONNECTION WITH THE ESTATE OF A DECEASED, SO AS TO DELETE THE REQUIREMENT THAT THE DEED OF DISTRIBUTION BE EXAMINED BY THE PROBATE COURT BEFORE FILING OR ACCOMPANIED AT FILING BY AN AFFIDAVIT TO ATTEST TO ITS ACCURACY AND COMPLETENESS IN REGARD TO THE NAMED GRANTEE OR GRANTEES.
ANALYSIS: This act deletes the requirement that a deed of distribution be examined by the Probate Court before filing or be accompanied at filing by an affidavit of accuracy and completeness.
(A175, R184, S134) Effective: 3/5/02
Stalking, harassment; no filing fee for complaint or for restraining order
TO AMEND SECTION 16-3-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ACTION SEEKING A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING, SO AS TO PROVIDE THAT A COURT MAY NOT CHARGE A FILING FEE FOR A COMPLAINT OR MOTION FOR A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING.
ANALYSIS: Self explanatory
(A176, R185, S478) Effective: 3/5/02
Abuse or neglect of a vulnerable adult; classified as most serious offense, serious offense and violent crime
TO AMEND SECTION 17-25-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF A LIFE SENTENCE UPON A PERSON CONVICTED OF CRIMES CLASSIFIED AS MOST SERIOUS OR SERIOUS OFFENSES, SO AS TO ADD ABUSE OR NEGLECT OF A VULNERABLE ADULT THAT RESULTS IN DEATH TO THE LIST OF MOST SERIOUS OFFENSES, AND TO ADD ABUSE OR NEGLECT OF A VULNERABLE ADULT WHICH RESULTS IN GREAT BODILY INJURY TO THE LIST OF SERIOUS OFFENSES; AND TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT CRIMES, SO AS TO PROVIDE THAT BOTH “NEGLECT OF A VULNERABLE ADULT WHICH RESULTS IN DEATH” AND “ABUSE OR NEGLECT OF A VULNERABLE ADULT WHICH RESULTS IN GREAT BODILY INJURY” ARE VIOLENT CRIMES.
ANALYSIS: This act adds the crime of abuse or neglect of a vulnerable adult which results in death to the list of most serious offenses. It also adds the crime of abuse or neglect of a vulnerable adult which results in great bodily injury to the list of serious offenses. In addition it provides that both crimes are violent crimes.
(A177, R186, S902) Effective: 3/6/02
Elections, voting precincts in Beaufort County, redesignated
TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED.
ANALYSIS: Self explanatory
(A178, R188, H3361) Effective: 3/6/02
Molesting, injuring, or killing dolphin or porpoise unlawful; saltwater recreational fisheries licenses; annual, temporary, resident, and nonresident saltwater recreational fishing licenses; saltwater public fishing pier licenses; charter fishing vessel license; fees; recognition of stamps issued by other states; commemorative or collectors items do not authorize recreational fishing; creation and design of stamps; saltwater recreational fisheries advisory committee membership
TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-5-2517, SO AS TO PROVIDE THAT, EXCEPT WHEN AUTHORIZED BY A FEDERAL PERMIT, IT IS UNLAWFUL FOR ANY PERSON TO CATCH, ATTEMPT TO CATCH, FEED, FEED BY HAND, MOLEST, INJURE, KILL, ANNOY, HARASS, OR INTERFERE WITH THE NORMAL ACTIVITY AND WELL-BEING OF ANY MAMMALIAN DOLPHIN OR PORPOISE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND. SECTION 50-5-1910, AS AMENDED, RELATING TO SALTWATER RECREATIONAL FISHING STAMPS AND LICENSES, SO AS TO PROVIDE THAT NO PERSON SIXTEEN YEARS OF AGE OR OLDER MAY ENGAGE IN FISHING FOR RECREATION IN SOUTH CAROLINA SALT WATERS WITHOUT A SALTWATER RECREATIONAL FISHERIES LICENSE OR A TEMPORARY SALTWATER RECREATIONAL FISHERIES LICENSE; TO AMEND SECTION 50-5-1920, AS AMENDED, RELATING TO CERTAIN FISHING STAMPS AND LICENSES, SO AS TO REVISE THE SECTION AND PROVIDE FOR THE ANNUAL AND TEMPORARY RESIDENT AND NONRESIDENT SALTWATER RECREATIONAL FISHING LICENSES, ANNUAL SALTWATER PUBLIC FISHING PIER LICENSES, ANNUAL CHARTER FISHING VESSEL LICENSE, AND FOR THE USE OF REVENUE ATTRIBUTABLE TO CERTAIN LICENSE FEE INCREASES BEGINNING JULY 1, 2002; TO AMEND SECTION 50-5-1930, AS AMENDED, RELATING TO RECOGNITION OF CERTAIN STAMPS ISSUED BY OTHER STATES, SO AS TO PROVIDE THAT, IF A COASTAL STATE WHICH HAS OR ESTABLISHES A SALTWATER RECREATIONAL FISHERIES LICENSE RECOGNIZES THE VALIDITY OF A SOUTH CAROLINA SALTWATER RECREATIONAL FISHERIES LICENSE, SOUTH CAROLINA MUST RECOGNIZE THE VALIDITY OF A CORRESPONDING LICENSE HELD BY RESIDENTS OF THAT STATE; TO AMEND SECTION 50-5-1935, AS AMENDED, RELATING TO COMMEMORATIVE STAMPS, SO AS TO PROVIDE THAT STAMPS PRODUCED AND SOLD AS COMMEMORATIVE OR COLLECTORS ITEMS DO NOT AUTHORIZE RECREATIONAL FISHING; TO AMEND SECTION 50-5-1940, RELATING TO CREATION AND DESIGN OF STAMPS, LICENSES, PRINTS, AND RELATED ARTICLES, BY DELETING “SHALL” AND INSERTING “MAY” SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY CREATE AND DESIGN STAMPS, LICENSES, SALTWATER RECREATIONAL FISHERIES PRINTS, AND RELATED ARTICLES; AND TO AMEND SECTION 50-5-1950, RELATING TO THE SALTWATER RECREATIONAL FISHERIES ADVISORY COMMITTEE, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMITTEE BY ADDING ONE MEMBER EACH FROM DORCHESTER AND BERKELEY COUNTIES.
ANALYSIS: Adds Section 50-5-2517 to provide that, except by federal permit, it is unlawful to catch, feed, molest, injure, kill, annoy, harass, or interfere with mammalian dolphin or porpoise, and to provide penalties; amends Section 50-5-1910 to provide that a person sixteen years of age or older may not engage in recreation saltwater fishing without a saltwater recreational fisheries license; amends Section 50-5-1920 to provide for annual, temporary, resident, and nonresident saltwater recreational fishing licenses, annual saltwater public fishing pier licenses, and annual charter fishing vessel license; amends Section 50-5-1930 to require recognition of certain saltwater recreational fisheries license held by residents of states that recognize South Carolina saltwater recreational fisheries licenses; amends Section 50-5-1935 to provide that stamps sold as commemorative items do not authorize recreational fishing; amends Section 50-5-1940 to provide the Department of Natural Resources may create and design stamps, licenses, saltwater recreational fisheries prints, and related articles; and amends Section 50-5-1950 to increase the membership of the saltwater recreational fisheries advisory committee by adding one member each from Dorchester and Berkeley counties.
(A179, R189, H3633) Effective: 3/5/02
Taxation; ad valorem; real property; personal property; delinquent taxes; collection of taxes; tax sale; county; municipality
TO AMEND SECTION 5-7-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION OF DELINQUENT TAXES BY A MUNICIPALITY, SO AS TO PROVIDE THAT A DELINQUENT TAX SALE TO COLLECT MUNICIPAL TAXES AND HELD IN CONJUNCTION WITH A DELINQUENT TAX SALE TO COLLECT COUNTY TAXES MAY TAKE PLACE AT THE PUBLIC PLACE IN THE COUNTY THAT IS DESIGNATED BY THE COUNTY, INSTEAD OF BEING REQUIRED TO TAKE PLACE IN THE MUNICIPALITY.
ANALYSIS: This act provides for the holding of a municipal tax sale at a location designated by the county if the municipal sale is being held in conjunction with a county sale.
(A180, R190, H3806) Effective: 3/6/02
Dillon County, polling places established by election commission with approval of delegation
TO AMEND SECTION 7-7-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DILLON COUNTY VOTING PRECINCTS, SO AS TO PROVIDE THE DILLON COUNTY ELECTION COMMISSION MUST ESTABLISH THE POLLING PLACES FOR THE PRECINCTS WITH THE APPROVAL OF A MAJORITY OF THE SENATORS AND A MAJORITY OF THE REPRESENTATIVES REPRESENTING DILLON COUNTY.
ANALYSIS: Self explanatory
(A181, R191, H3933) Effective: 3/5/02
Beginner’s permit, conditional driver’s license, and special restricted driver’s license, conditions and restrictions revised; transportation of teenagers in open vehicle revised.
TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A BEGINNER’S PERMIT, SO AS TO REVISE THE TIME DURING A DAY A HOLDER OF A BEGINNER’S PERMIT MAY OPERATE A VEHICLE AND THE PERIOD OF TIME HE MUST HOLD THE PERMIT BEFORE HE IS ELIGIBLE FOR FULL LICENSURE, TO REVISE THE PROVISION THAT SPECIFIES WHO MUST ACCOMPANY THE PERMITTEE WHILE HE IS DRIVING, TO MAKE CERTAIN TECHNICAL CHANGES, AND TO DELETE THE PROVISION THAT DEFINES “DAYLIGHT HOURS”; TO AMEND SECTION 56-1-175, RELATING TO THE ISSUANCE OF A PROVISIONAL DRIVER’S LICENSE, SO AS TO SUBSTITUTE THE TERM “CONDITIONAL DRIVER’S LICENSE” FOR “PROVISIONAL DRIVER’S LICENSE”, TO PROVIDE THAT A PERSON MUST COMPLETE AT LEAST FORTY HOURS OF DRIVING PRACTICE IN ADDITION TO SEVERAL OTHER REQUIREMENTS BEFORE HE CAN BE ISSUED A CONDITIONAL DRIVER’S LICENSE, AND TO LIMIT THE NUMBER OF PASSENGERS A HOLDER OF A CONDITIONAL DRIVER’S LICENSE MAY TRANSPORT UNDER CERTAIN CONDITIONS; TO AMEND SECTION 56-1-176, RELATING TO THE CONDITIONS A PERSON MUST MEET BEFORE HE MAY BE ISSUED A PROVISIONAL DRIVER’S LICENSE, SO AS TO SUBSTITUTE “CONDITIONAL DRIVER’S LICENSE” FOR “PROVISIONAL DRIVER’S LICENSE”, TO PROVIDE THAT THESE CONDITIONS ALSO MUST BE MET BEFORE A PERSON MAY BE ISSUED A SPECIAL RESTRICTED DRIVER’S LICENSE, TO REVISE THE TYPES OF EDUCATIONAL INSTITUTIONS IN WHICH A PERSON MUST BE ENROLLED TO BE ELIGIBLE TO BE ISSUED A CONDITIONAL DRIVER’S LICENSE OR A SPECIAL RESTRICTED DRIVER’S LICENSE TO INCLUDE HOME SCHOOLS; TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER LICENSE, SO AS TO REVISE THE CONDITIONS A PERSON MUST MEET BEFORE HE MAY BE ISSUED A SPECIAL RESTRICTED DRIVER’S LICENSE, TO RESTRICT THE NUMBER OF PERSONS WHO ARE LESS THAN TWENTY-ONE YEARS OF AGE WHO MAY BE TRANSPORTED BY A HOLDER OF A SPECIAL RESTRICTED DRIVER’S LICENSE UNDER CERTAIN CONDITIONS, TO DEFINE “DRIVER TRAINING COURSE”, TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST ACCEPT A CERTIFICATE OF COMPLETION FROM A STUDENT WHO HAS PASSED A QUALIFIED DRIVER’S TRAINING COURSE WHILE ATTENDING AN OUT-OF-STATE HIGH SCHOOL FOR PURPOSES OF ISSUING A SPECIAL RESTRICTED DRIVER’S LICENSE, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH PROCEDURES FOR APPROVING QUALIFIED DRIVER’S TRAINING COURSES FOR OUT-OF-STATE STUDENTS; TO AMEND SECTION 56-1-185, AS AMENDED, RELATING TO THE POSTPONEMENT OF THE REMOVAL OF RESTRICTIONS PLACED ON A SPECIAL RESTRICTED DRIVER’S LICENSE PURSUANT TO A CONVICTION OF A POINT ASSESSABLE TRAFFIC OFFENSE, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO A HOLDER OF A CONDITIONAL DRIVER’S LICENSE, TO PROVIDE THAT THE REMOVAL OF THE RESTRICTIONS MAY BE POSTPONED FOR A CONVICTION OF A TRAFFIC OFFENSE, TO REVISE THE PERIOD IN WHICH THE REMOVAL OF THE RESTRICTIONS MAY BE POSTPONED, AND TO REVISE THE CONDITIONS UPON WHICH THE PERSON IS ELIGIBLE TO OBTAIN A REGULAR DRIVER’S LICENSE; TO AMEND SECTION 56-1-40, AS AMENDED, RELATING TO A PERSON WHO MAY NOT BE ISSUED A DRIVER’S LICENSE OR HAVE HIS DRIVER’S LICENSE RENEWED, SO AS TO SUBSTITUTE “CONDITIONAL LICENSE” FOR “PROVISIONAL LICENSE”, AND TO REVISE THE CONDITIONS UPON WHICH A PERSON MAY BE ISSUED A CONDITIONAL DRIVER’S LICENSE; TO AMEND SECTION 56-1-130, AS AMENDED, RELATING TO THE EXAMINATION A PERSON MUST COMPLETE BEFORE BEING ISSUED A DRIVER’S LICENSE, AND THE CLASSIFICATIONS OF DRIVER’S LICENSES, SO AS TO SUBSTITUTE “CONDITIONAL LICENSE” FOR “PROVISIONAL LICENSE” AND “CONDITIONAL DRIVER’S LICENSE” FOR “PROVISIONAL DRIVER’S LICENSE”; AND BY ADDING SECTION 56-5-3900 SO AS TO PROVIDE THE CONDITIONS UPON WHICH A PERSON UNDER FIFTEEN YEARS OF AGE MAY BE TRANSPORTED IN THE OPEN BED OR OPEN CARGO AREA OF A PICKUP TRUCK OR TRAILER.
ANALYSIS: This act revises the restrictions placed on a holder of a beginner’s permit. It also changes the name of the provisional driver’s license to conditional driver’s license, revises the conditions a person must meet to obtain a conditional driver’s license, and the restrictions placed on the holder of a conditional driver’s license. In addition it requires a person issued either a conditional or special restricted driver’s license to attend a public, private, or home school. Also, it revises the conditions a person must meet before he may be issued a special restricted driver’s license and the restrictions placed on a person who holds this license. It revises the traffic violations that a holder of a conditional or special restricted driver’s license may commit that will result in the postponement of the restrictions placed on both driver’s licenses. Finally, it provides conditions upon which a person under fifteen years of age may ride in the open area of a pickup truck or trailer.
(A182, R193, H4475) Effective: 3/6/02
Reporting and records of state boards and commissions membership; Secretary of State’s monitoring function
TO AMEND CHAPTER 1, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING ARTICLE 20, SO AS TO REQUIRE BOARDS AND COMMISSIONS TO REPORT RESIGNATIONS AND VACANCIES AS WELL AS THE NAMES OF NEW MEMBERS TO THE SECRETARY OF STATE WITHIN TWO WEEKS OF THE APPOINTMENT, ELECTION, OR VACANCY; AND TO AMEND SECTION 1-5-40, RELATING TO THE DUTIES OF THE SECRETARY OF STATE, SO AS TO REQUIRE THE SECRETARY OF STATE TO MAINTAIN AS A PUBLIC RECORD THE INFORMATION RECEIVED FROM STATE BOARDS AND COMMISSIONS CONCERNING THEIR MEMBERSHIPS.
ANALYSIS: Requires specified boards and commissions to report essential membership data to the Secretary of State and requires the Secretary of State to maintain this information as a public record.
(A183, R194, H4546) Effective: 3/5/02
Season and times established for taking shad in portions of Winyah Bay system and Combahee River
TO AMEND SECTION 50-5-1505, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS, TAKE AND SIZE LIMITS FOR SHAD, HERRING, AND STURGEON, SO AS TO CHANGE THE OPENING DATE FOR THE SEASON FOR TAKING SHAD IN A PORTION OF THE WINYAH BAY DRAINAGE SYSTEM FROM FEBRUARY FIFTEENTH TO FEBRUARY FIRST; AND TO CHANGE THE TIME FOR TAKING SHAD IN A PORTION OF THE COMBAHEE RIVER FROM TUESDAY NOON TO THURSDAY NOON TO TUESDAY NOON TO FRIDAY NOON.
ANALYSIS: Establishes February 1 through April 15 as season for taking shad in a portion of the Winyah Bay system; establishes Tuesday noon to Friday noon as time for taking shad in a portion of Combahee River.
(A184, R200, H3107) Effective: 3/6/02
Courts, magistrates, civil jurisdiction extended to certain interpleader actions
TO AMEND SECTION 22-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES, TO PROVIDE THAT MAGISTRATES HAVE CONCURRENT JURISDICTION OF INTERPLEADER ACTIONS FILED OVER CLAIMS OF DISPUTED REAL ESTATE EARNEST MONEY; AND TO ADD SECTION 22-3-15 SO AS TO PROVIDE THAT INTERPLEADER ACTIONS ARISING FROM REAL ESTATE EARNEST MONEY DISPUTES WHICH DO NOT EXCEED THE JURISDICTIONAL LIMIT OF MAGISTRATES COURT MAY BE FILED IN THAT COURT, TO PROVIDE THE FEE FOR SUCH FILINGS, TO PROVIDE THAT THE FAILURE OF A COMPETING CLAIMANT TO RECOVER IN AN INTERPLEADER ACTION MUST NOT BE CONSIDERED A JUDGMENT AGAINST THE CLAIMANT OR USED TO IMPAIR THE CREDIT OF THE CLAIMANT, AND TO DIRECT THE OFFICE OF COURT ADMINISTRATOR TO DESIGN APPROPRIATE LEGAL FORMS AND MAKE THESE FORMS AVAILABLE FOR JURISDICTION.
ANALYSIS: Self explanatory
(A185, R201, H3510) Effective: 3/5/02
Environmental Systems Operators; chapter reorganized and revised
TO AMEND CHAPTER 23, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ENVIRONMENTAL SYSTEMS OPERATORS; AND AMONG OTHER THINGS, TO EXPAND THE NUMBER OF WELL DRILLER LICENSE TYPES AND TO ORGANIZE THESE LICENSES INTO WELL CONSTRUCTION CATEGORIES; TO PROVIDE FOR BONDING REQUIREMENTS FOR THE PRACTICE OF WELL DRILLING; TO ELIMINATE PERCOLATION TEST TECHNICIAN LICENSURE; TO PROVIDE FOR ADMINISTRATIVE CITATIONS AND PENALTIES FOR UNLICENSED PRACTICE AND PROFESSIONAL MISCONDUCT OF LICENSEES; TO PROHIBIT COLLECTION ACTIONS BY PERSONS DRILLING WELLS WITHOUT A LICENSE AND TO PROVIDE FOR A CIVIL CAUSE OF ACTION TO PLAINTIFFS TO RECOVER PAYMENTS MADE FOR WELL DRILLING PERFORMED WITHOUT A LICENSE; TO EXPAND UPON AND CLARIFY THE GROUNDS FOR SANCTIONABLE MISCONDUCT OF LICENSEES; TO REQUIRE TEMPORARY AUTOMATIC SUSPENSION OF A LICENSEE UPON CONVICTION OF CERTAIN CRIMES; TO CLARIFY THAT THE BOARD’S JURISDICTION OVER MISCONDUCT OF LICENSEES INCLUDES PRELICENSURE MISCONDUCT AND ACTIONS DURING LICENSURE BUT PROSECUTED AFTER A LICENSE BECOMES INACTIVE; TO CLARIFY THE PRIVILEGES AND IMMUNITIES OF WITNESSES, INVESTIGATORS, THE BOARD, AND OTHERS INVOLVED IN DISCIPLINARY ACTIONS; TO PROVIDE FOR CONFIDENTIALITY OF INVESTIGATIONS AND COMPLAINANT INFORMATION; TO MODIFY THE POWERS OF THE BOARD IN GRANTING LICENSURE TO NONRESIDENTS; AND TO EXPRESSLY REQUIRE LIBERAL INTERPRETATION OF THE PRACTICE ACT IN FAVOR OF ENVIRONMENTAL PROTECTION.
ANALYSIS: In 2000 the General Assembly substantially revised Chapter 23 of Title 40 concerning environmental systems operators. This act, though it amends Chapter 23 in its entirety, actually retains the vast majority of changes made in 2000 and primarily revises provisions pertaining to well drillers.
Among these changes, the classes of well driller licensure are expanded from 1 to 4 and these are issued in rock, coastal, and environmental categories. It also includes procedures for issuance of administrative citations for unlicensed practice and grounds for misconduct of licensees are clarified and expanded. Further, it establishes a cause of action for recovery of payments made for well drilling performed without a license and prohibits an unlicensed well driller from bringing a collection action against a customer.
The act also clarifies privileges and immunities of members of the Environmental Certification Board, investigators, and witnesses with regard to investigating and prosecuting complaints, and it provides confidentiality of investigations and complaint information.
Finally, the act eliminates the licensure and regulation of pool/spa operators.
(A186, R203, S520) Effective: 3/14/02 without the signature of the Governor
Elections, Richland County precincts redesignated
TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.
ANALYSIS: Self explanatory
(A187, R205, S856) Effective: 3/12/02
Distribution of gasoline tax to Department of Natural Resources; water recreational resources fund created; uses and allocation of fund among counties; disposition of department’s surplus property
TO AMEND SECTION 12-28-2730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF GASOLINE TAX TO THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REVISE THE SECTION AND PROVIDE FOR THE CREATION OF A SPECIAL WATER RECREATIONAL RESOURCES FUND TO BE ADMINISTERED BY THE DEPARTMENT OF NATURAL RESOURCES, TO PROVIDE FOR THE APPORTIONMENT AND EXPENDITURE OF THE FUND AMONG THE COUNTIES BY THE DEPARTMENT, TO PROVIDE THAT COUNTY LEGISLATIVE DELEGATIONS MAY MAKE RECOMMENDATIONS TO THE DEPARTMENT RELATING TO ACQUISITION, CREATION, OR IMPROVEMENT OF WATER RECREATIONAL RESOURCES, TO PROVIDE THE DEPARTMENT MAY USE UP TO ONE THIRD OF THE FUNDS FOR LAW ENFORCEMENT, NOXIOUS AQUATIC WEED CONTROL, AND ACQUISITION, TO PROVIDE THAT REVENUE COLLECTED OR FUNDS REMAINING IN THE WATER RECREATIONAL RESOURCES FUND CREATED BY ACT 1134 OF 1968 MUST BE TRANSFERRED TO THE FUND, TO PROVIDE THAT CERTAIN FUNDS COLLECTED BY THE STATE TREASURY MUST BE ALLOCATED TO THE FUND, TO PROVIDE FOR DISPOSITION OF SURPLUS PROPERTY BY THE DEPARTMENT AND THAT IT IS UNLAWFUL FOR RETIRED EMPLOYEES OF THE DEPARTMENT TO PURCHASE SURPLUS PROPERTY DIRECTLY FROM THE DEPARTMENT, TO PROVIDE FOR THE DISPOSITION OF PROCEEDS FROM THE SALE OF THE DEPARTMENT’S SURPLUS PROPERTY ORIGINALLY PURCHASED WITH COUNTY WATER RECREATIONAL RESOURCES FUNDS, AND TO PROVIDE THAT THE DEPARTMENT MUST PROVIDE COUNTY LEGISLATIVE DELEGATIONS WITH AN ANNUAL INVENTORY OF PROPERTY PURCHASED WITH COUNTY WATER RECREATIONAL RESOURCES FUNDS.
ANALYSIS: Amends Section 12-28-2730, relating to distribution of gasoline tax to the Department of Natural Resources, to create a water recreational resources fund administered by the department, to provide for apportionment and expenditure of the fund among counties, that county legislative delegations may make recommendations relating to water recreational resources, to provide for use of third of the fund for law enforcement, noxious aquatic weed control, and acquisition, to provide for transfer and allocation of certain funds and revenue to the water recreational resources fund, to provide for disposition of surplus property by the department and that it is unlawful for retired employees of the department to purchase surplus property directly from the department, to provide for the disposition of proceeds from the sale of the department’s surplus property purchased with county water recreational resources funds, and to provide the department must provide county legislative delegations with an annual inventory of property purchased with county water recreational resources funds.
(A188, R208, S965) Effective: 3/12/02
Establishes Captive Insurance Regulatory and Supervision Fund
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-175 SO AS TO ESTABLISH THE CAPTIVE INSURANCE REGULATORY AND SUPERVISION FUND; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF REGULATION OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE A DEFINITION FOR “SPECIAL PURPOSES CAPTIVE INSURANCE COMPANY”; TO AMEND SECTION 38-90-20, RELATING TO THE LICENSING OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MAY ONLY INSURE THE RISKS OF ITS PARENT; TO AMEND SECTION 38-90-40, RELATING TO THE CAPITALIZATION REQUIREMENTS OF CAPTIVE INSURANCE COMPANIES, SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO DETERMINE THE REQUISITE AMOUNT OF UNIMPAIRED CAPITAL THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MUST POSSESS IN ORDER TO BE LICENSED AND TO PROVIDE THAT THE REQUISITE CAPITAL MAY BE IN THE FORM OF CASH EQUIVALENT INVESTMENTS; TO AMEND SECTION 38-90-50, RELATING TO THE FREE SURPLUS REQUIREMENTS OF CAPTIVE INSURANCE COMPANIES SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO DETERMINE THE REQUISITE AMOUNT OF FREE SURPLUS THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MUST POSSESS IN ORDER TO BE LICENSED; TO AMEND SECTION 38-90-140, RELATING TO THE AGGREGATE TAXES PAID BY A CAPTIVE INSURANCE COMPANY, SO AS TO ALLOW A CAPTIVE INSURANCE COMPANY IN ITS FIRST OPERATING YEAR TO PAY THE MINIMUM PREMIUM TAX ON A PRORATED SCHEDULE; AND TO AMEND SECTION 38-90-160, RELATING TO THE APPLICABILITY OF CHAPTER 90, TITLE 38, SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO EXEMPT SPECIAL PURPOSE CAPTIVE INSURANCE COMPANIES, ON A CASE BY CASE BASIS, FROM THOSE PROVISIONS OF CHAPTER 90, TITLE 38 THAT HE DETERMINES TO BE INAPPROPRIATE GIVEN THE NATURE OF THE RISKS TO BE INSURED.
ANALYSIS: This act establishes the Captive Insurance Regulatory and Supervision Fund, provides a definition for “Special Purposes Captive Insurance Company” and determines the requisite amounts of capital and free surplus a special purpose captive insurance company must possess to be licensed. It also allows a captive insurance company to pay the minimum premium tax on a prorated schedule.
(A189, R209, H3447) Effective: 3/12/02
Social workers; chapter reorganized and revised
TO AMEND CHAPTER 63, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF SOCIAL WORKERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO REVISE SOCIAL WORK LICENSURE CLASSIFICATIONS AND THEIR RESPECTIVE AREAS AND SCOPE OF PRACTICE; TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF SOCIAL WORKERS; AND TO PROVIDE PROCEDURES, REQUIREMENTS, IF ANY, AND TIME FRAMES WITHIN WHICH TO CONVERT A CURRENT LICENSE TO A LICENSE WITHIN THE REVISED CLASSIFICATIONS.
ANALYSIS: This act reorganizes and revises Chapter 63 of Title 40 pertaining to the licensure and regulation of social workers. The revisions include, among other things, new classifications and definitions of social work practice and revised licensure requirements for each level of social work practice, confidentiality requirements, continuing education requirements, and the clarification of the responsibilities of the Board of Social Work Examiners. Additionally, the act provides for the criteria, procedures, and time frames for converting existing licenses to the licensure categories established by this act.
(A190, R210, H4485) Effective: 3/12/02
South Carolina Emergency Preparedness Division renamed South Carolina Emergency Management Division
TO AMEND SECTIONS 25-1-420, 25-1-430, 23-49-20, 23-49-30, 23-49-60, 38-75-470, AS AMENDED, 44-61-30, AS AMENDED, 48-40-60, AND 49-23-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA EMERGENCY PREPAREDNESS DIVISION, SO AS TO CHANGE THE NAME OF THE DIVISION TO THE “SOUTH CAROLINA EMERGENCY MANAGEMENT DIVISION”.
ANALYSIS: This act amends several sections of the 1976 Code in order to change the name of the South Carolina Emergency Preparedness Division to the South Carolina Emergency Management Division.
(A191, R211, H4567) Effective: 3/14/02 without the signature of the Governor
Elections, voting precincts in Laurens County redesignated
TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO CHANGE THE NAMES OF CERTAIN PRECINCTS AND REDESIGNATE THE MAP REFERENCE OF THE MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
ANALYSIS: Self explanatory
(A192, R222, H4682) Effective: 3/22/02
Uniform Commercial Code; secured transactions; government transfers; bond; filing; default
TO AMEND SECTION 36-9-109, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCOPE OF THE UNIFORM COMMERCIAL CODE PROVISIONS GOVERNING SECURED TRANSACTIONS, SO AS TO MAKE PROVISIONS INAPPLICABLE TO A TRANSFER BY A GOVERNMENTAL UNIT, AND TO DELETE THE PREEMPTION OF THESE PROVISIONS GOVERNING SECURED TRANSACTIONS BY A STATUTE OF THIS STATE OR ANOTHER STATE OR FOREIGN COUNTRY; AND TO PROVIDE A SOUTH CAROLINA REPORTER’S COMMENT REGARDING THE AMENDMENT.
ANALYSIS: This act amends the Uniform Commercial Code to reinstate the exemption for governmental transfers, that is bonds, from certain filing requirements and default consequences.
(A193, R213, S504) Effective: 3/27/02
National Guard and State Guard special license plates, applicant’s military identification required; distribution of special license plate fees revised
TO AMEND SECTION 56-3-1815, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO RETIRED MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD AND MEMBERS OF THE SOUTH CAROLINA STATE GUARD, SO AS TO PROVIDE THAT AN APPLICATION FOR THE SPECIAL LICENSE PLATE MUST INCLUDE A COPY OF THE APPLICANT’S MILITARY IDENTIFICATION CARD OR OTHER EVIDENCE THAT SHOWS THE APPLICANT IS EITHER A RETIRED OR ACTIVE MEMBER OF THE SOUTH CAROLINA NATIONAL GUARD OR SOUTH CAROLINA STATE GUARD; AND TO AMEND SECTION 56-3-8100, RELATING TO GUIDELINES FOR THE PRODUCTION AND DISTRIBUTION OF SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT OF THE FEES COLLECTED FOR A SPECIAL LICENSE PLATE, THE COMPTROLLER GENERAL SHALL PLACE SUFFICIENT FUNDS INTO A SPECIAL RESTRICTED ACCOUNT TO BE USED BY THE DEPARTMENT OF PUBLIC SAFETY TO DEFRAY THE EXPENSES OF THE MOTOR VEHICLE DIVISION IN PRODUCING AND ADMINISTERING THE SPECIAL PLATE.
ANALYSIS: This act requires an applicant for a National Guard special license plate and an applicant for a State Guard special license plate to provide the Motor Vehicle Division a copy of his military identification card or evidence that shows he is a retired or active member of the National Guard or State Guard. It also requires the Comptroller General to place sufficient funds from the fees collected for a special license plate into a special restricted account to be used by the Department of Public Safety to defray the expenses of the Motor Vehicle division in producing and administering a special license plate.
(A194, R214, S597) Effective: 3/27/02
Nonprofit organization special license plates, vehicle weight limits revised and additional organizations made eligible; distribution of special license plate fees revised
TO AMEND SECTION 56-3-8000, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT PRIVATE-PASSENGER MOTOR VEHICLES OR LIGHT PICKUPS HAVING AN EMPTY WEIGHT OF SEVEN THOUSAND POUNDS OR LESS MAY OBTAIN A SPECIAL LICENSE PLATE PURSUANT TO THIS SECTION AND AN ORGANIZATION WHICH HAS OBTAINED CERTIFICATION UNDER SECTION 501(C)(8) OF THE FEDERAL INTERNAL REVENUE CODE MAY OBTAIN A SPECIAL LICENSE PLATE PURSUANT TO THIS SECTION; AND TO AMEND SECTION 56-3-8100, RELATING TO GUIDELINES FOR THE PRODUCTION AND DISTRIBUTION OF SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT OF THE FEES COLLECTED FOR A SPECIAL LICENSE PLATE, THE COMPTROLLER GENERAL SHALL PLACE SUFFICIENT FUNDS INTO A RESTRICTED ACCOUNT TO BE USED BY THE DEPARTMENT OF PUBLIC SAFETY TO DEFRAY THE EXPENSES OF THE MOTOR VEHICLE DIVISION IN PRODUCING THE SPECIAL PLATES.
ANALYSIS: This act allows a vehicle that is seven thousand pounds or less to obtain a nonprofit organization special license plate, and an organization that has obtained 501(C)(8) designation under the federal Internal Revenue Code to obtain a special license plate. It also requires the Comptroller General to place sufficient funds from the fees collected for a special license plate into a restricted account to be used by the Department of Public Safety to defray the expenses of the Motor Vehicle Division in producing and administering a special license plate.
(A195, R216, H3403) Effective: 3/28/02 without the signature of the Governor.
Disposal of abandoned, towed, and forfeited vehicles
TO AMEND SECTION 56-5-5640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF CERTAIN ABANDONED VEHICLES, SO AS TO PROVIDE THAT A SHERIFF OR HIS DESIGNEE, OR A CHIEF OF POLICE OR HIS DESIGNEE MAY SELL AN ABANDONED VEHICLE AT A PUBLIC AUCTION; TO AMEND SECTION 56-5-6240, AS AMENDED, RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION OF VEHICLES SEIZED FROM PERSONS CONVICTED OF DRIVING UNDER SUSPENSION AND DRIVING UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF BOTH, SO AS TO REVISE THE PROCEDURE FOR DISPOSAL OF A FORFEITED VEHICLE; BY ADDING SECTION 56-5-2522 SO AS TO PROVIDE THE PROCEDURE FOR THE DISPOSAL OF A VEHICLE OR OBJECT THAT IS DIRECTED TO BE TOWED BY A LAW ENFORCEMENT OFFICER; TO AMEND SECTION 27-21-20, AS AMENDED, RELATING TO THE DISPOSAL OF PROPERTY RECOVERED BY A SHERIFF OR CHIEF OF POLICE, SO AS TO REVISE THE PROCEDURE FOR DISPOSAL OF THIS PROPERTY; AND TO AMEND SECTION 56-5-5630, RELATING TO THE NOTICE THAT MUST BE PROVIDED BY A LAW ENFORCEMENT AGENCY TO THE OWNER AND LIENHOLDER OF AN ABANDONED MOTOR VEHICLE IN THE AGENCY’S CUSTODY, THE PENALTY IMPOSED UPON A LIENHOLDER FOR ABANDONING A VEHICLE, AND THE PENALTY IMPOSED UPON AN OWNER OF A VEHICLE THAT HAS BEEN STOLEN AND SUBSEQUENTLY ABANDONED, SO AS TO PROVIDE THAT THE NOTICE THAT MUST BE ISSUED BY THE LAW ENFORCEMENT AGENCY MUST BE ISSUED BY EITHER THE SHERIFF OR HIS DESIGNEE, OR THE CHIEF OF POLICE OR HIS DESIGNEE, TO REVISE THE PERIOD WITHIN WHICH THE NOTICE MUST BE ISSUED, AND THE PERIOD WITHIN WHICH THE VEHICLE MUST BE RECLAIMED.
ANALYSIS: This act revises various provisions that regulate the disposal of abandoned, towed, and forfeited vehicles.
(A196, R217, H3822) Effective: 3/27/02
Limited licensing of motor vehicle rental companies to sell or offer insurance
TO AMEND SECTION 38-43-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO ARE EXEMPTED FROM THE PROVISION THAT REQUIRES AN AGENT FOR AN INSURER OR FOR A FRATERNAL BENEFIT ASSOCIATION TO POSSESS A LICENSE ISSUED TO HIM BY THE DEPARTMENT OF INSURANCE, SO AS TO ADD CERTAIN LIMITED INSURANCE LICENSEES TO THE LIST OF PERSONS COVERED BY THIS EXEMPTION; AND TO AMEND CHAPTER 43, TITLE 38, RELATING TO AUTOMOBILE INSURANCE, BY ADDING ARTICLE 4 SO AS TO PROVIDE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE THE AUTHORITY TO ISSUE TO A RENTAL COMPANY A LIMITED LICENSE WHICH AUTHORIZES THE COMPANY TO OFFER OR SELL INSURANCE IN CONNECTION WITH THE RENTAL OF A MOTOR VEHICLE.
ANALYSIS: This act gives the director of the Department of Insurance the authority to issue to a rental company a limited license which authorizes the company to offer or sell insurance in connection with the rental of a motor vehicle. It also exempts limited insurance licensees who rent motor vehicles from the provision that requires an agent for an insurer or for a fraternal benefit association to possess a license issued to him by the Department of Insurance.
(A197, R218, H3931) Effective: 3/27/02
Maximum length and width of vehicles revised; issuance of annual trip permits authorized
TO AMEND SECTION 56-5-4030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM ALLOWABLE WIDTH OF A VEHICLE, SO AS TO DEFINE THE TERM “APPURTENANCES”, AND TO PROVIDE FOR A MAXIMUM WIDTH FOR APPURTENANCES ON MOTOR HOMES, TRAVEL TRAILERS, AND TRUCK CAMPERS IN NONCOMMERCIAL USE; TO AMEND SECTION 56-5-4070, AS AMENDED, RELATING TO LIMITATIONS PLACED ON THE LENGTH OF COMBINATION VEHICLES, SO AS TO REVISE THE MAXIMUM LENGTH OF CERTAIN VEHICLES THAT TRAVEL ALONG THE STATE’S HIGHWAYS, AND TO SUBSTITUTE THE TERM “VEHICLES” FOR THE TERMS “TRAILER OR SEMITRAILERS”; TO AMEND SECTION 57-3-150, RELATING TO THE ISSUANCE OF MULTIPLE TRIP PERMITS BY THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE ANNUAL TRIP PERMITS TO CERTAIN MANUFACTURERS, DEALERS, OR TRANSPORTERS FOR CERTAIN PURPOSES AND UNDER CERTAIN CIRCUMSTANCES.
ANALYSIS: This act revises the maximum length and width of vehicles that travel along the state’s highways, and allows the Department of Transportation to issue annual trip permits under certain circumstances.
(A198, R219, H4413) Effective: 3/27/02
Coastal development, requirements for constructing new groins
TO AMEND SECTION 48-39-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CONSTRUCTION OR RECONSTRUCTION SEAWARD OF THE COASTAL BASELINE, SO AS TO AUTHORIZE THE RECONSTRUCTION, REPAIR, AND MAINTENANCE OF EXISTING GROINS; TO AUTHORIZE THE CONSTRUCTION OF NEW GROINS ON BEACHES THAT HAVE A HIGH EROSION RATE THREATENING EXISTING DEVELOPMENT OR PUBLIC PARKS AND ONLY IN FURTHERANCE OF AN ON-GOING BEACH RENOURISHMENT EFFORT AND TO FURTHER REQUIRE AN APPLICANT FOR NEW GROINS TO MONITOR THE GROINS FOR THE LIFE OF THE PROJECT; TO REQUIRE GROINS TO BE PERMITTED ONLY AFTER THOROUGH ANALYSIS DEMONSTRATES NO DETRIMENTAL EFFECT WILL BE CAUSED; TO REQUIRE RECONFIGURATION, REMOVAL, OR BEACH RENOURISHMENT IF GROIN MONITORING INDICATES INCREASED EROSION; TO REQUIRE NOTICE TO COMMUNITIES OF APPLICATIONS FOR GROIN PROJECTS; AND TO PROVIDE THAT NO PRIVATE CAUSE OF ACTION IS CREATED, TO SPECIFY THE REMEDIES AVAILABLE, AND TO PROVIDE PROCEDURES FOR A LANDOWNER ADVERSELY IMPACTED BY A GROIN TO NOTIFY THE DEPARTMENT OF SUCH IMPACT AND FOR THE DEPARTMENT TO RESPOND.
ANALYSIS: This act authorizes a new exception to the prohibition against any construction or reconstruction seaward of the baseline by authorizing the repair, reconstruction or maintenance of existing groins. Further, it authorizes the construction of new groins on beaches with high erosion rates that threaten existing development or public parks.
The act requires the work to the existing and new groins to be undertaken only in furtherance of an on-going beach renourishment effort and after an analysis demonstrates that the groin won’t cause any detrimental effect on adjacent or downdrift areas. The act also requires the applicant to institute a monitory program.
Finally, the act requires the Department of Health and Environmental Control to notify downdrift communities and municipalities of all applications for groin work and it provides procedures for filing claims due to the adverse impact of groins.
(A199, R220, H4430) Effective: 3/27/02
Insurance; continuing education advisory committee
TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS AND THE ADVISORY COMMITTEE TO THE DEPARTMENT OF INSURANCE WHICH RECOMMENDS CONTINUING EDUCATION COURSES FOR APPROVAL BY THE DEPARTMENT, SO AS TO MAKE A TECHNICAL CORRECTION BY UPDATING THE NAMES OF TWO ORGANIZATIONS THAT CAN NOMINATE MEMBERS FOR APPOINTMENT TO THE ADVISORY COMMITTEE.
ANALYSIS: Self explanatory
(A200, R228, S297) Effective: 4/10/02
South Carolina Conservation Bank Act enacted, sources of revenue, use of funds
TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 59 ENACTING THE “SOUTH CAROLINA CONSERVATION BANK ACT” SO AS TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK FOR THE PURPOSE OF MAKING GRANTS AND LOANS TO PUBLIC OR PRIVATE ENTITIES TO ACQUIRE INTERESTS IN REAL PROPERTY WORTHY OF CONSERVATION, TO PROVIDE FOR THE GOVERNANCE OF THE BANK, TO PROVIDE THOSE ENTITIES ELIGIBLE TO RECEIVE BANK GRANTS, TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND TO RECEIVE BANK REVENUES AND TO PROVIDE THE CRITERIA WHICH THE BANK MUST USE IN JUDGING APPLICATIONS FOR GRANTS, TO ESTABLISH THE “CONSERVE SOUTH CAROLINA” MOTOR VEHICLE LICENSE PLATE AND PROVIDE THAT THE REVENUE OF THE EXTRA FEE FOR THIS PLATE MUST BE CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT, TO PROVIDE THAT REVENUES OF THE STATE PORTION OF THE DEED RECORDING FEE CREDITED TO THE GENERAL FUND OF THE STATE IS INSTEAD CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT EFFECTIVE JULY 1, 2004, AND PROVIDE THE BUDGETARY CIRCUMSTANCES IN WHICH THIS TRANSFER DOES NOT OCCUR, TO EXEMPT FROM THE REQUIREMENT THAT PUBLIC ENTITIES CONVEYING A CONSERVATION EASEMENT HAVE THAT CONVEYANCE APPROVED BY THE ADVISORY BOARD OF THE HERITAGE TRUST PROGRAM CERTAIN EASEMENTS CONVEYED BY COUNTIES AND MUNICIPALITIES THAT INVOLVE GRANTS OR LOANS BY THE SOUTH CAROLINA CONSERVATION BANK; TO REPEAL CHAPTER 59, TITLE 48, ADDED BY THIS ACT AND THE FUNDING PROVISIONS OF THIS ACT JULY 1, 2013, UNLESS THESE PROVISIONS ARE REENACTED OR OTHERWISE EXTENDED BY THE GENERAL ASSEMBLY, TO PROVIDE FOR THE WINDING UP OF THE AFFAIRS OF THE BANK TO REQUIRE THE BANK BOARD TO CONDUCT A REGULAR STUDY OF LAND LOSS BY SMALL LANDOWNERS AND THEIR HEIRS; TO AMEND SECTION 56-3-8100, RELATING TO REQUIREMENTS FOR SPECIAL LICENSE PLATES, SO AS TO INCLUDE WITHIN ITS REQUIREMENTS THE SPECIAL LICENSE PLATE ADDED BY THIS ACT, AND TO ALLOW THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM IN APPLYING FOR CONSERVATION BANK TRUST FUNDS TO USE THOSE FUNDS FOR BEACH CONSERVATION IN THE STATE PARKS SYSTEM AND FOR THE ACQUISITION OF PROPERTY ADJACENT TO STATE PARKS FOR USE AS PART OF THE PARKS SYSTEM.
ANALYSIS: This act adds a new Chapter 59 in Title 48 of the 1976 Code enacting the South Carolina Conservation Bank Act. This act establishes the South Carolina Conservation Bank governed by a board consisting of twelve members including the chairman of the Department of Natural Resources Board, the chairman of the Forestry Commission, the Parks, Recreation and Tourism director, all of whom serve without voting privileges and three members each appointed by the Governor, the Speaker of the House of Representative and the President Pro Tempore of the Senate.
The bank is established to make grants and loans to entities seeking to acquire interests in land that meet detailed conservation criteria provided in the act. Entities eligible to apply for and receive this assistance include the Department of Natural Resources, the Forestry Commission, Parks, Recreation and Tourism, municipalities and instrumentalities of municipalities, and private nonprofit entities doing business in this State dedicated to acquiring and managing land for conservation or historic preservation. A separate trust fund is established in the State Treasury to receive appropriated funds, grants, and gifts to operate the bank, and at least ten percent of bank revenue must be expended on acquisition of interests in which public access is allowed. The trust fund shall receive a portion of revenue of special “Conserve South Carolina” motor vehicle license plate, gifts and grants, appropriations, and beginning July 1, 2004, twenty-five cents of each one dollar and thirty-five cent of the state general fund portion of the deed recording fee. This portion of the deed recording fee is suspended for a fiscal year when state government appropriations are reduced because of revenue short falls. Finally, the bank goes out of existence affective July 1, 2013, unless its provisions are extended or reenacted by the General Assembly.
(A201, R230, H3032) Effective: 4/11/02 without the signature of the Governor
Corporations or partnerships, designation of representatives in magistrates’ court.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-1-103 SO AS TO ALLOW SPECIFIED CORPORATIONS OR PARTNERSHIPS TO DESIGNATE IN WRITING AN EMPLOYEE OR PRINCIPAL WHO MAY REPRESENT THE CORPORATION OR PARTNERSHIP IN MAGISTRATES’ COURT AND TO PROVIDE THAT THE PERSON DESIGNATED, WHILE REPRESENTING THE CORPORATION OR PARTNERSHIP IN COURT, IS NOT ENGAGED IN THE UNAUTHORIZED PRACTICE OF LAW.
ANALYSIS: This act provides that a corporation or partnership may designate an employee or principal of the corporation or partnership to represent it in magistrates’ court. This designation must be in writing and must be submitted to the magistrate at the time the initial pleading in the case is filed by the party.
(A202, R231, H4013) Effective: 4/10/02
Employment Security; fraudulently obtaining benefits, penalties; repayment of erroneously paid benefits
TO AMEND SECTION 41-41-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF UNEMPLOYMENT COMPENSATION BENEFITS TO A CLAIMANT WHO MADE A FALSE STATEMENT OR FAILED TO DISCLOSE A MATERIAL FACT WHEN FILING A CLAIM, SO AS TO AUTHORIZE THE EMPLOYMENT SECURITY COMMISSION TO PENALIZE THE CLAIMANT BY WITHHOLDING FUTURE BENEFITS HE MAY BECOME ENTITLED TO; AND TO AMEND SECTION 41-41-40, AS AMENDED, RELATING TO RECOVERY OF BENEFITS PAID TO A PERSON NOT ENTITLED TO RECEIVE THEM, SO AS TO ESTABLISH CIRCUMSTANCES UNDER WHICH THE COMMISSION MAY WAIVE REPAYMENT OF OVERPAID BENEFITS AND TO REQUIRE A PERSON WHO RECEIVED BENEFITS IN ANOTHER STATE TO WHICH HE WAS NOT ENTITLED TO PAY THE COMMISSION FOR THESE OVERPAYMENTS IF BOTH STATES HAVE ENTERED INTO AN INTERSTATE RECIPROCAL OVERPAYMENT RECOVERY AGREEMENT.
ANALYSIS: This act provides that a person who obtains unemployment benefits by making fraudulent misrepresentations in applying for benefits is subject to a penalty of not less than two times his weekly benefit amount and not more than his maximum benefit amount payable in a benefit year. This amount must be deducted from any payment the person may be entitled to in the current or subsequent year.
Additionally, this act establishes a five-year statute of limitations on actions to recover overpayments made to a person not entitled to the payments and to provide circumstances under which the Employment Security Commission can waive repayment. Finally the act requires repayment to this State of overpayments fraudulently received from another state if the other state has entered into a Reciprocal Overpayment Recovery Agreement with South Carolina.
(A203, R232, H4014) Effective: 4/10/02
Employment Security; reports; appeals
TO AMEND SECTION 41-29-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDUCTION AND PREVENTION OF UNEMPLOYMENT, SO AS TO AUTHORIZE THE EMPLOYMENT SECURITY COMMISSION TO REQUIRE EMPLOYERS TO MAKE CERTAIN UNITED STATES BUREAU OF LABOR AND STATISTICS REPORTS AVAILABLE TO THE COMMISSION; TO AMEND SECTION 41-29-170, AS AMENDED, RELATING TO INFORMATION ALLOWED TO BE DISCLOSED IN THE ADMINISTRATION OF THE EMPLOYMENT SECURITY LAW, SO AS TO REVISE PROVISIONS PERTAINING TO AGENCIES TO WHOM SUCH INFORMATION MAY BE DISCLOSED; TO AMEND SECTIONS 41-35-640, 41-35-660, AND 41-35-680, ALL RELATING TO APPEALS PROCEDURES FROM A DECISION OF THE COMMISSION, SO AS TO SPECIFY THAT DETERMINATIONS AND DECISIONS OF THE COMMISSION MUST BE MAILED TO THE PARTY, RATHER THAN MAILED OR DELIVERED TO THE PARTY; AND TO AMEND SECTION 41-35-750, AS AMENDED, RELATING TO PROCEDURES TO OBTAIN JUDICIAL REVIEW OF A DECISION OF THE COMMISSION, SO AS TO CONFORM THESE PROCEDURES TO THE SOUTH CAROLINA ADMINISTRATIVE PROCEDURES ACT AND THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.
ANALYSIS: This act authorizes the Employment Security Commission to require employees to provide certain U.S. Bureau of Labor Statistics reports to the commission. It also clarifies to whom the commission may release information from a claimants records and further authorizes restrictions on the release of such information pursuant to regulations promulgated by the commission.
Further, the act clarifies that initial determinations, decisions etc. of the commission must be mailed to the claimant’s last known address, rather than mailed or “otherwise delivered”.
Finally, the act requires that the time frames provided for in the Administrative Procedures Act and the South Carolina Rules of Civil Procedure are, respectively, the time frames for seeking judicial review and serving the petition for review.
(A204, R234, H4510) Effective: 4/10/02
Blind and disabled rights to use of public facilities, privileges extended to trainers guide dogs while training dogs
TO AMEND SECTION 43-33-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS OF THE BLIND AND DISABLED PERSONS TO USE PUBLIC FACILITIES AND ACCOMMODATIONS, SO AS TO PROVIDE THAT ANY TRAINER OF A GUIDE DOG, WHILE TRAINING A GUIDE DOG, HAS THE SAME RIGHTS AND PRIVILEGES WITH RESPECT TO ACCESS TO PUBLIC FACILITIES AND ACCOMMODATIONS AS BLIND AND DISABLED PERSONS.
ANALYSIS: Amends Section 43-33-20 to provide guide dog trainers have the same rights of blind and disabled persons to use public facilities and accommodations when training guide dogs.
(A205, R235, S191) Effective: 4/22/02
Domestic Animals; immunity from civil or criminal liability for rendering emergency medical care to
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-75 SO AS TO PROVIDE IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY TO A PERSON ACTING IN GOOD FAITH AND WITHOUT COMPENSATION WHO RENDERS EMERGENCY CARE TO A DOMESTIC ANIMAL THAT IS ABANDONED, ILL, OR INJURED.
ANALYSIS: Self explanatory
(A206, R236, S653) Effective: 4/22/02
State Crop Pest Control Commission; confidentiality of licensing examination; review of examination by failed applicant
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-9-35 SO AS TO PROVIDE THAT LICENSING EXAMINATIONS AND EXAMINATION QUESTIONS MAINTAINED OR ADMINISTERED BY THE STATE CROP PEST CONTROL COMMISSION ARE CONFIDENTIAL AND EXEMPT FROM PUBLIC DISCLOSURE AND TO PROVIDE THAT WITHIN TWENTY-ONE DAYS OF RECEIVING A REQUEST FROM AN APPLICANT WHO FAILED THE EXAMINATION, THE COMMISSION SHALL ARRANGE A MEETING WITH THE APPLICANT TO REVIEW THE APPLICANT’S EXAMINATION.
ANALYSIS: Self explanatory
(A207, R237, S675) Effective: 4/22/02
Tax Increment Financing Law, redevelopment project location and financing
TO AMEND SECTION 31-6-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF “REDEVELOPMENT PROJECT” UNDER THE TAX INCREMENT FINANCING LAW, SO AS TO AUTHORIZE A REDEVELOPMENT TO BE LOCATED OUTSIDE OF THE REDEVELOPMENT AREA IF A MUNICIPALITY MAKES SPECIFIC FINDINGS OF BENEFIT TO THE REDEVELOPMENT PROJECT AREA AND THE PROJECT AREA IS LOCATED WITHIN THE MUNICIPAL LIMITS; TO AMEND SECTION 31-6-70, RELATING TO THE ADOPTION OF AN ORDINANCE BY A MUNICIPALITY PROVIDING FOR THE APPROVAL OF A REDEVELOPMENT PLAN, SO AS TO LENGTHEN FROM FIVE TO TEN YEARS THE PERIOD WITHIN WHICH A MUNICIPALITY MAY ISSUE OBLIGATIONS TO FINANCE A REDEVELOPMENT PROJECT AND TO AUTHORIZE OBLIGATIONS TO BE ISSUED SUBSEQUENT TO THE INITIAL TEN-YEAR PERIOD; AND TO AMEND SECTION 31-6-80, AS AMENDED, RELATING TO APPROVAL OF A REDEVELOPMENT PLAN AND ADOPTION OF AN ORDINANCE, SO AS TO REQUIRE A MUNICIPALITY TO MAKE A SPECIFIC FINDING OF BENEFIT TO THE REDEVELOPMENT PROJECT AREA AND PROVIDE WRITTEN NOTICE TO THE AFFECTED TAXING DISTRICT IF THE PROJECT OR A PORTION OF IT IS LOCATED OUTSIDE OF THE REDEVELOPMENT PROJECT AREA.
ANALYSIS: Self explanatory
(A208, R238, S869) Effective: 4/22/02
Jean Laney Harris Folk Heritage Award
TO AMEND SECTION 2-66-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JEAN LANEY HARRIS FOLK HERITAGE AWARD, SO AS TO PERMIT THE USE OF STATE FUNDS, IN AN AMOUNT NOT TO EXCEED TWO THOUSAND DOLLARS A YEAR, AS WELL AS PRIVATE FUNDS, TO COVER ANY EXPENSES INCURRED OR ASSOCIATED WITH PRESENTING THIS AWARD.
ANALYSIS: This act permits the use of state funds, not to exceed two thousand dollars annually, to help cover expenses associated with presenting the Jean Laney Harris Folk Heritage Award.
(A209, R239, S893) Effective: 4/22/02
Open season, unlawful acts, and penalties relating to hunting bear in Game Zone One.
TO AMEND SECTION 50-11-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE KILLING OF BEAR, SO AS TO DELETE THE EXISTING PROVISIONS AND PROVIDE FOR OPEN SEASON IN GAME ZONE ONE FOR STILL GUN AND PARTY DOG HUNTS AND TO PROVIDE THAT IN ALL OTHER ZONES THERE ARE NO OPEN SEASONS; TO REQUIRE THAT BEAR TAKEN BE REPORTED TO THE DEPARTMENT OF NATURAL RESOURCES’ CLEMSON OFFICE; TO PROVIDE THAT IT IS UNLAWFUL TO TAKE A BEAR EXCEPT DURING OPEN SEASON; TO OTHERWISE RESTRICT THE TAKING, METHOD OF HUNTING, OR POSSESSION OF CERTAIN BEAR AND BEAR PARTS; AND TO PROVIDE PENALTIES.
ANALYSIS: Amends Section 50-11-430 to revise open season, unlawful acts, and penalties relating to hunting bear in Game Zone One and for possession of bears and bear parts, to limit number of persons participating in party dog hunts, and to provide there is no open season in other game zones.
(A210, R240, S894) Effective: 4/22/02
Provisions applicable to wild turkey; transportation tags required; regulation of wild turkey hunting; penalties; forfeiture procedures; open seasons
TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-544 SO AS TO PROVIDE THAT A PERSON WHO HUNTS WILD TURKEYS IS REQUIRED TO POSSESS A SET OF WILD TURKEY TRANSPORTATION TAGS ISSUED BY THE DEPARTMENT OF NATURAL RESOURCES; TO AMEND SECTION 50-11-500, AS AMENDED, RELATING TO WILD TURKEY, SO AS TO DELETE CERTAIN OBSOLETE PROVISIONS AND PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE OR ATTEMPT TO TAKE A WILD TURKEY WITH A RIFLE, PISTOL, BUCKSHOT, OR SHOTGUN SLUG; TO AMEND SECTION 50-11-530, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REGULATE WILD TURKEY HUNTING, SO AS TO DELETE THE BAG LIMIT FOR TURKEYS IN GAME ZONES 6 AND 11; TO AMEND SECTION 50-11-540, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING RULES APPLICABLE TO WILD TURKEY HUNTING, SO AS TO DELETE CERTAIN PROVISIONS RELATING TO FORFEITURE, TO PROVIDE FOR RESTITUTION TO THE DEPARTMENT FOR WILD TURKEYS TAKEN UNLAWFULLY AND FOR FORFEITURE OF HUNTING AND FISHING LICENSES FOR PERSONS CONVICTED OF TAKING A WILD TURKEY ILLEGALLY; AND TO AMEND SECTION 50-11-560, AS AMENDED, RELATING TO OPEN SEASON FOR MALE WILD TURKEY IN GAME ZONES 6 AND 11 SO AS TO PROVIDE THAT MALE WILD TURKEY MAY BE HUNTED FROM MARCH FIFTEENTH TO MAY FIRST IN GAME ZONES 6 AND 11, AND IN ALL OTHER GAME ZONES AS PROMULGATED AND PUBLISHED BY THE DEPARTMENT.
ANALYSIS: Adds Section 50-11-544 to require a person hunting wild turkeys to possess a set of wild turkey transportation tags issued by the Department of Natural Resources; amends Section 50-11-500 by deleting certain obsolete provisions and provide that is it unlawful for a person to take or attempt to take a wild turkey with a rifle, pistol, buckshot, or shotgun slug; amends Section 50-11-530 to delete the bag limit for turkeys in Game Zones 6 and 11; amends Section 50-11-540 to delete certain provisions relating to forfeiture, to provide for restitution to the department for wild turkeys taken unlawfully and for forfeiture of hunting and fishing licenses for persons convicted of taking a wild turkey illegally; and amends Section 50-11-560 to provide that male wild turkey may be hunted from March fifteenth to May first in Game Zones 6 and 11, and in all other game zones as promulgated and published by the department.
(A211, R242, S999) Effective: 4/22/02
State Treasurer, deposit of state funds, security
TO AMEND SECTION 11-13-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SECURITY REQUIRED FOR STATE FUNDS IN EXCESS OF THE FEDERAL DEPOSIT INSURANCE LIMIT DEPOSITED BY THE STATE TREASURER IN A BANK OR SAVINGS AND LOAN ASSOCIATION, SO AS TO ALLOW SECURITY FOR THESE DEPOSITS IN THE FORM OF LETTERS OF CREDIT, AND TO PROVIDE THE REQUIREMENTS FOR THESE LETTERS OF CREDIT.
ANALYSIS: This act adds irrevocable letters of credit issued by the Federal National Mortgage Association, the Federal Home Loan Bank, the Federal Farm Credit Bank, or Federal Home Loan Mortgage Corporation as methods of serving state funds deposited by the State Treasurer in a bank or savings and loan.
(A212, R244, S1154) Effective: 4/22/02
Municipality and public utilities may agree to transfer duty to operate public transit system.
TO AMEND SECTION 58-27-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATUTORY MANDATE OF ELECTRICAL OR OTHER PUBLIC UTILITIES TO COMPLY WITH CERTAIN DUTIES AND OBLIGATIONS IMPOSED UPON THEM AS DECLARED BY THE SUPREME COURT OF SOUTH CAROLINA, SO AS TO PROVIDE THAT A MUNICIPALITY AND A PUBLIC UTILITY MAY MUTUALLY AGREE TO TRANSFER THE OBLIGATION TO PROVIDE A PUBLIC TRANSIT SYSTEM UNDER CERTAIN CONDITIONS.
ANALYSIS: This act amends Section 58-27-120 which relates to the duty of electrical and other public utilities to provide specified services pursuant to the holding of the Broad River Power Company case. This section is amended to provide that if both a municipality and electrical or other public utility mutually agree, the electrical or other public utility may grant, transfer, sell, or impose upon the municipality the duty or obligation to provide a public transit system to the municipality. The terms of such a grant, transfer, sale, or imposition of the duty or obligation to provide a public transit system from an electrical or other public utility to a municipality shall take effect only upon the transfer of the public transit system from the public utility to the municipality or another governmental entity.
(A213, R245, S1161) Effective: 4/22/02
Physicians, qualifying examination scores for licensure
TO AMEND SECTION 40-47-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO BE LICENSED AS A PHYSICIAN, SO AS TO REVISE REQUIREMENTS CONCERNING DAILY SCORES ON FLEX EXAMINATIONS TAKEN BEFORE JULY 1, 1985, AND TO PROVIDE THAT A PASSING SCORE ON THE COMVEX EXAMINATION MUST BE ESTABLISHED BY THE TESTING AGENCY.
ANALYSIS: This act revises the required examination scores for licensure as a physician. It requires a FLEX weighted average score of at least 75 and eliminates the minimum daily score requirement for examinations taken before June 1, 1985. The act also recognizes for licensure purposes, certification by a specialty board recognized by the American Osteopathic Association or a passing score on the COMVEX examination, with the score to be established by the testing agency.
(A214, R247, H3481) Effective: 4/22/02
Creel and size limits on striped bass and black bass from Lake Murray.
TO AMEND SECTION 50-13-236, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS FROM LAKE MURRAY, SO AS TO DELETE THE PROVISION THAT THE SIZE LIMIT ON STRIPED BASS TAKEN FROM LAKE MURRAY IS NOT IN EFFECT DURING THE MONTHS OF JUNE, JULY, AND AUGUST AND TO PROVIDE THAT DURING JULY AND AUGUST IT IS UNLAWFUL TO RETAIN MORE THAN TWO STRIPED BASS (ROCKFISH) PER DAY THAT ARE TAKEN FROM LAKE MURRAY AND LESS THAN THE LEGAL SIZE LIMIT.
ANALYSIS: Amends Section 50-13-236 by deleting a provision that the size limit on striped bass(rockfish) taken from Lake Murray is not in effect during the months of June, July, and August and by further providing that during July and August it is unlawful to retain more than two striped bass (rockfish) per day that are taken from Lake Murray and less than the legal size limit.
(A215, R248, H3598) Effective: 4/22/02
Vehicle Glass Repair Practices
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-170 SO AS TO PROVIDE CERTAIN CONDUCT IN THE VEHICLE GLASS REPAIR BUSINESS IS AN UNFAIR TRADE PRACTICE AND UNLAWFUL; AND BY ADDING SECTION 38-55-173 SO AS TO PROVIDE CERTAIN CONDUCT IN THE VEHICLE GLASS REPAIR BUSINESS IS A MISDEMEANOR.
ANALYSIS: This act adds Section 39-5-170 which provides that certain conduct in the vehicle glass repair business is an unfair trade practice and unlawful; and adds Section 38-55-173 which provides that certain conduct in the vehicle glass repair business is a misdemeanor.
(A216, R249, H3613) Effective: 4/22/02
Excavation or demolition operators providing services to utilities must file report with chairmen of certain legislative committees
TO AMEND SECTION 58-35-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORMATION OF AN ASSOCIATION PROVIDING FOR MUTUAL RECEIPT OF NOTIFICATION OF EXCAVATION OR DEMOLITION OPERATIONS FOR OPERATORS HAVING UTILITIES IN THIS STATE, SO AS TO REQUIRE THE ASSOCIATION TO FILE WITH THE CHAIRMEN OF THE HOUSE OF REPRESENTATIVES LABOR, COMMERCE AND INDUSTRY COMMITTEE AND THE SENATE JUDICIARY COMMITTEE AN ANNUAL REPORT COVERING CERTAIN ACTIVITIES AND OPERATIONS OF THE ASSOCIATION FOR THE PRECEDING CALENDAR YEAR.
ANALYSIS: This act requires the association of excavation or demolition operators which provide services to utilities to file an annual report, not than April 15th of each year, with the Chairmen of the House Labor, Commerce and Industry Committee and the Senate Judiciary Committee. This report must cover the activities and operations of the association for the preceding year including such information as average speed of answer, abandoned call rate, transmit times, total number of locate requests, total number of transmissions, and a disaster recovery plan.
(A217, R250, H3663) Effective: 4/22/02
Taxation, estate taxes, definition of federal credit
TO AMEND SECTION 12-16-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA ESTATE TAX ACT, SO AS TO PROVIDE FOR THE ORDER IN WHICH FEDERAL ESTATE TAX CREDITS ARE APPLIED FOR PURPOSES OF DETERMINING A STATE ESTATE TAX LIABILITY.
ANALYSIS: Self explanatory
(A218, R251, H4432) Effective: 4/22/02
“God Bless America” special license plates; special restricted account created to defray costs of producing a special license plate
TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 95 SO AS TO PROVIDE FOR THE ISSUANCE OF “GOD BLESS AMERICA” SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE; AND TO AMEND SECTION 56-3-8100, RELATING TO SPECIAL LICENSE PLATE PRODUCTION AND DISTRIBUTION GUIDELINES, SO AS TO PROVIDE THAT A PORTION OF THE FEES COLLECTED FROM THE ISSUANCE OF A SPECIAL LICENSE PLATE MUST BE USED TO DEFRAY THE EXPENSES OF PRODUCING AND ADMINISTERING THE SPECIAL LICENSE PLATE.
ANALYSIS: This act allows the Department of Public Safety to produce “God Bless America” special license plates. It also creates a special restricted account that contains a portion of special license plate fees that must be used to defray the costs of a special license plate.
(A219, R252, H4455) Effective: 4/22/02
Diplomas and transcripts, falsifying or altering provisions extended to other entities
TO AMEND SECTION 16-13-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FALSIFYING OR ALTERING COLLEGE TRANSCRIPTS OR DIPLOMAS AND THE FRAUDULENT USE OF THE FALSIFIED OR ALTERED TRANSCRIPTS OR DIPLOMAS, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION ALSO APPLY TO OTHER TYPES OF DIPLOMAS OR TRANSCRIPTS.
ANALYSIS: This act amends Section 16-13-15 relating to falsifying or altering college transcripts or diplomas and the fraudulent use of the falsified or altered transcript or diploma by providing that the provisions of the section also apply to high school diplomas and transcripts, GED diplomas, technical college diplomas and transcripts, and transcripts or diplomas from any other entity issuing such documents.
(A220, R255, H4695) Effective: 4/22/02
Taxation, updated Internal Revenue Code of 1986 reference
TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
ANALYSIS: Self explanatory
(A221, R256, H4794) Effective: 4/23/02 without the signature of the Governor
Elections, precincts in Richland County redesignated
TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.
ANALYSIS: Self explanatory
(A222, R257, H4883) Effective: 4/22/02
Portions of the Great Pee Dee River designated a scenic river; acquisition of land adjacent to scenic rivers; approval of acquisition of lands by legislative delegation.
TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN SCENIC RIVER DESIGNATIONS, SO AS TO DESIGNATE A PORTION OF THE GREAT PEE DEE RIVER AS A SCENIC RIVER; AND TO AMEND SECTION 49-29-100, AS AMENDED, RELATING TO THE ACQUISITION OF LANDS ADJACENT TO SCENIC RIVERS, SO AS TO PROVIDE THAT THE LEGISLATIVE DELEGATION FOR THE COUNTY IN WHICH THE LAND IS LOCATED MUST CONSENT TO ACQUISITION OF LANDS ADJACENT TO SCENIC RIVERS BY THE BUDGET AND CONTROL BOARD RATHER THAN THE GOVERNING BODY OF THE COUNTY IN WHICH THE LAND IS LOCATED.
ANALYSIS: Amends Section 49-29-230 to designate a portion of the Great Pee Dee River as a scenic river; and amends Section 49-29-100 to provide the legislative delegation for the county in which the land is located must consent to acquisition of lands adjacent to scenic rivers by the Budget and Control Board rather than the governing body of the county.
(A223, R258, H4982) Effective: 4/23/02 without the signature of the Governor
Elections, precincts in Cherokee County renamed
TO AMEND SECTION 7-7-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PRECINCTS IN CHEROKEE COUNTY, SO AS TO RENAME CERTAIN PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND.
ANALYSIS: Self explanatory
(A224, R260, S182) Effective: 5/1/02
Sentencing procedure for murder, statutory aggravating circumstances revised; arson, technical changes and “damage” defined; firefighter criminal background check revised; compulsory process for obtaining witnesses implementation delayed
TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENTENCING PROCEEDING TO DETERMINE WHETHER A PERSON CONVICTED OF MURDER SHOULD BE SENTENCED TO DEATH, SO AS TO PROVIDE THAT THE MURDER OF A FORMER FEDERAL, STATE, OR LOCAL LAW ENFORCEMENT OFFICER, OR CERTAIN CURRENT OR FORMER CORRECTIONS OFFICERS IS A STATUTORY AGGRAVATING CIRCUMSTANCE, TO SUBSTITUTE THE TERM “CORRECTIONS OFFICER” FOR THE TERM “CORRECTIONS EMPLOYEE”; TO AMEND SECTION 16-11-110, AS AMENDED, RELATING TO ARSON, SO AS TO MAKE A TECHNICAL CHANGE, AND TO PROVIDE A DEFINITION FOR THE TERM “DAMAGE”; TO AMEND SECTION 40-80-20, RELATING TO THE REQUIREMENT THAT A PROSPECTIVE FIREFIGHTER MUST UNDERGO A CRIMINAL BACKGROUND CHECK BEFORE HE MAY BE EMPLOYED AS A FIREFIGHTER, SO AS TO REVISE THE CONDITIONS UPON WHICH A FIREFIGHTER OR PROSPECTIVE FIREFIGHTER MUST UNDERGO A CRIMINAL BACKGROUND CHECK AND MAY NOT PERFORM FIREFIGHTING DUTIES; AND TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION IS NOT REQUIRED TO IMPLEMENT CERTAIN PROVISIONS PERTAINING TO THE COMPULSORY PROCESS FOR OBTAINING WITNESSES UNTIL THE GENERAL ASSEMBLY FUNDS THE PROGRAM.
ANALYSIS: This act adds the murder of certain officers to the list of statutory aggravating circumstances that a jury may consider during the sentencing phase of a trial in which a defendant has been convicted of murder. It also makes technical changes and defines “damage” in the arson statute. In addition, it revises the circumstances in which a firefighter or prospective firefighter must undergo a criminal background check. Finally, it delays the implementation of the compulsory process for obtaining witnesses until the General Assembly funds the program.
(A225, R261, S204) Effective: 5/1/02
Family Privacy Protection Act; newborn screening procedures and release of information revised
TO AMEND TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2, SO AS TO CREATE THE “FAMILY PRIVACY PROTECTION ACT OF 2002” TO ESTABLISH STATE POLICY REGARDING THE USE AND DISSEMINATION OF PERSONAL INFORMATION, TO DEFINE CERTAIN TERMS, TO ESTABLISH CERTAIN DISCLOSURE AND NOTIFICATION REQUIREMENTS, TO PROHIBIT A PERSON OR PRIVATE ENTITY FROM USING PERSONAL INFORMATION OBTAINED FROM A PUBLIC BODY FOR COMMERCIAL SOLICITATION DIRECTED TO A RESIDENT OF THIS STATE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THESE PROVISIONS; AND TO AMEND SECTION 44-37-30, RELATING TO TESTING OF NEWBORN BLOOD SAMPLES BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO SPECIFY THAT THESE BLOOD SAMPLES ARE CONFIDENTIAL, TO PROVIDE THAT THE PARENTS OR GUARDIAN OF THE CHILD, OR THE CHILD AFTER REACHING AGE EIGHTEEN, SHALL DIRECT, ON FORMS PROVIDED BY THE DEPARTMENT, WHETHER THE SAMPLE MAY BE USED FOR ANONYMOUS STUDIES, RETURNED, OR DESTROYED, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
ANALYSIS: This act establishes the “Family Privacy Protection Act” which requires all state agencies to develop privacy policies and procedures which ensure that the only personal information to be collected is information required to fulfill a legitimate public purpose. It further prohibits a person from obtaining or using personal information obtained from a public agency for commercial solicitation, and it provides criminal penalties for violations.
Additionally, this act amends procedures relating to neonatal screening in that it specifies that newborn blood samples collected and stored by the Department of Health and Environmental Control are confidential. It provides that only a parent or legal guardian, or the child when eighteen or older, may authorize the release of the sample for confidential, anonymous studies, as stated on a form at the time the blood is drawn, or later if so directed. The act also authorizes the parents to request the return or destruction of the blood sample and test results or the storage of the sample without the authority to release it for studies. A blood sample released for a confidential, anonymous study may not contain information that could identify the donor. Finally, the act revises the penalties for violations by increasing the possible fine from not more than one hundred dollars to not more than fifty thousand dollars and increases imprisonment from not more than thirty days to not more than three years.
(A226, R262, S439) Effective: 5/1/02
Flags flown at half-staff on Capitol Building
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-161 SO AS TO PROVIDE FOR THE LOWERING OF FLAGS FLOWN ATOP THE STATE CAPITOL BUILDING ON MEMORIAL DAY AND ON THE DAY ON WHICH FUNERAL SERVICES ARE HELD FOR CERTAIN PUBLIC OFFICIALS, AND TO DEFINE HALF-STAFF.
ANALYSIS: This act requires flags flown atop the State Capitol Building to be flown at half-staff until noon on Memorial Day and at half-staff on the day on which the funeral services are conducted for the following public officials:
(1) current and past members of the U. S. Congress from S. C.;
(2) current constitutional officers of S. C.;
(3) former governor and lieutenant governors of S. C.;
(4) current members of the S. C. General Assembly;
(5) current members of the S. C. Supreme Court; and
(6) current and former presidents of the U. S.
Half-staff means the position of the flag when it is one-half the distance between the top and bottom of the staff.
(A227, R263, S868) Effective: 5/1/02
Francis Marion University - agreement for student housing facilities
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-133-60 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY TO ENTER INTO GROUND LEASE AGREEMENTS WITH PRIVATE ENTITIES FOR PROVIDING ALL SERVICES NECESSARY TO THE CREATION AND OPERATION OF CERTAIN CAMPUS STUDENT HOUSING FACILITIES INCLUDING, BUT NOT LIMITED TO, FINANCING, DESIGNING, CONSTRUCTING, MANAGING, OPERATING, MAINTAINING, AND RELATED SERVICES, TO PROVIDE FOR THE TERMS AND CONDITIONS OF THE GROUND LEASE AGREEMENTS INCLUDING APPROVAL BY THE BUDGET AND CONTROL BOARD.
ANALYSIS: Self explanatory
(A228, R264, S982) Effective: 5/1/02
Technical corrections to various insurance statutes
TO AMEND SECTION 34-29-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER FINANCE LAW AND INSURANCE ON SECURITY AND BORROWER, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 38-5-30, AS AMENDED, RELATING TO THE KINDS OF INSURANCE FOR WHICH INSURERS MAY BE LICENSED, SO AS TO EXCLUDE TITLE INSURANCE FROM BEING CONSIDERED MULTIPLE LINES INSURANCE; TO AMEND SECTIONS 38-21-170 AND 38-21-270, BOTH AS AMENDED, RELATING TO DIVIDENDS AND DISTRIBUTIONS, SO AS TO MODIFY THE PRESENT RESTRICTIONS BY DELETING THE EARNED SURPLUS REQUIREMENT; TO AMEND SECTION 38-27-50, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO INCLUDE SPECIAL PURPOSE REINSURANCE VEHICLES WITHIN THE DEFINITION OF “PERSON”; TO AMEND SECTION 38-33-280, AS AMENDED, RELATING TO THE ACQUISITION OR EXCHANGE OF SECURITIES OF A HMO, SO AS TO MAKE HMO’S SUBJECT TO THE INSURANCE HOLDING COMPANY REGULATORY ACT; TO AMEND SECTION 38-44-50, AS AMENDED, RELATING TO THE EXAMINATION AND REVIEW OF MGA BY INSURER, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 38-45-110, AS AMENDED, RELATING TO THE WARNING STAMPED ON POLICIES OF ELIGIBLE SURPLUS LINES INSURERS, SO AS TO CLARIFY THE LANGUAGE CONTAINED THEREIN; TO AMEND SECTION 38-71-760, AS AMENDED, RELATING TO THE STANDARDS FOR GROUP ACCIDENT AND HEALTH INSURANCE COVERAGE, SO AS TO CLARIFY CERTAIN MATTERS REGARDING THE EXTENSION OF LIABILITY; TO AMEND SECTION 38-71-880, RELATING TO MEDICAL AND SURGICAL BENEFITS AND MENTAL HEALTH BENEFITS, SO AS TO EXTEND PROVISIONS IN ORDER TO AVOID PREEMPTION; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO MAKE A TECHNICAL CORRECTION AS WELL AS MAKE THE LANGUAGE MORE CONSISTENT WITH THAT USED THROUGHOUT CHAPTER 90, TITLE 38; TO AMEND SECTION 38-90-20, RELATING TO THE LICENSING OF CAPTIVE INSURANCE COMPANIES, SO AS TO CLARIFY THE APPLICABILITY OF SECTION 38-5-170 TO CAPTIVE INSURANCE COMPANIES; TO AMEND SECTION 38-90-70, AS AMENDED, RELATING TO THE REPORTING REQUIREMENTS OF CAPTIVE INSURANCE COMPANIES SO AS TO CLARIFY THE CONTENTS OF THESE REPORTS; TO AMEND SECTION 38-90-100, AS AMENDED, RELATING TO THE APPLICABILITY OF INVESTMENT REQUIREMENTS, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 38-91-10, RELATING TO THE JOINT UNDERWRITING ASSOCIATION, SO AS TO EXTEND THE PERIOD THAT CHAPTER 91, TITLE 38 REMAINS IN FORCE AND EFFECT.
ANALYSIS: This act contains technical corrections to various statutes relating to insurance.
(A229, R270, H3163) Effective: 5/1/02
Taxation, income; historic rehabilitation tax credit created
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3535 SO AS TO ENACT THE “SOUTH CAROLINA HISTORIC REHABILITATION INCENTIVES ACT” TO PROVIDE AN INCOME TAX CREDIT OF TEN PERCENT OF THE EXPENDITURES THAT QUALIFY FOR A FEDERAL TAX CREDIT TO REHABILITATE A HISTORIC STRUCTURE; TO PROVIDE AN INCOME TAX CREDIT OF TWENTY-FIVE PERCENT OF THE EXPENDITURES TO REHABILITATE A HISTORIC STRUCTURE THAT DOES NOT QUALIFY FOR A FEDERAL TAX CREDIT; TO REQUIRE THE CREDIT TO BE TAKEN OVER A FIVE-YEAR PERIOD BEGINNING WITH THE YEAR THE REHABILITATION OF THE STRUCTURE IS COMPLETE; TO AUTHORIZE THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THIS SECTION; AND TO PROVIDE FOR APPEALS.
ANALYSIS: This act creates an income tax credit for monies expended to rehabilitate a certified historic structure. If the taxpayer is allowed a federal tax credit for the expenditures, the state tax credit is ten percent of the qualified expenditures. If the taxpayer is not allowed a federal tax credit, the state tax credit is twenty-five percent of the expenditures.
The tax credit must be taken in equal installments over five consecutive years beginning with the year the rehabilitation is completed and any unused credit installment may be carried forward for the next five years.
(A230, R271, H3623) Effective: 5/14/02
Paging devices prohibited at school include mobile telephones; adoption of policies
TO AMEND SECTION 59-63-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST PUBLIC SCHOOL STUDENTS POSSESSING PAGING DEVICES ON SCHOOL PROPERTY OR WHILE ATTENDING SCHOOL EVENTS, SO AS TO PROVIDE THAT PAGING DEVICES FOR PURPOSES OF THE SECTION ALSO INCLUDE MOBILE TELEPHONES AND TO REVISE THE MANNER IN WHICH POSSESSION OF THESE PAGING DEVICES AT SCHOOL ARE REGULATED BY PROVIDING THAT THE BOARD OF TRUSTEES OF EACH SCHOOL DISTRICT SHALL ADOPT A POLICY THAT ADDRESSES STUDENT POSSESSION OF PAGING DEVICES, TO PROVIDE THAT THIS POLICY MUST BE INCLUDED IN THE DISTRICT’S WRITTEN STUDENT CONDUCT STANDARDS, AND TO PROVIDE THAT IF THE POLICY INCLUDES CONFISCATION OF A PAGING DEVICE, IT SHOULD ALSO PROVIDE FOR THE RETURN OF THE DEVICE TO THE OWNER.
ANALYSIS: Self explanatory
(A231, R272, H3706) Effective: 5/2/02 without the signature of the Governor
Administrative Procedures, promulgation of regulations, information on rationale and basis for regulations required to be made available by agencies to public
TO AMEND SECTIONS 1-23-110 AND 1-23-120, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE REQUIREMENTS, NOTICE CONTENTS, AND INFORMATION TO BE PROVIDED TO THE GENERAL ASSEMBLY IN CONNECTION WITH THE PROMULGATION AND REVIEW OF REGULATIONS, SO AS TO REQUIRE THE AGENCY PROMULGATING THE REGULATION TO INCLUDE THE LOCATION WHERE A PERSON COULD OBTAIN FROM THE AGENCY A DETAILED STATEMENT OF RATIONALE STATING THE BASIS FOR THE REGULATION INCLUDING THE SCIENTIFIC OR TECHNICAL BASIS FOR THE REGULATION AND STUDIES, REPORTS, POLICIES, OR STATEMENTS OF PROFESSIONAL JUDGMENT OR ADMINISTRATIVE NEED RELIED UPON IN DEVELOPING THE REGULATIONS.
ANALYSIS: Self explanatory
(A232, R273, H3838) Effective: 5/1/02
Damage or destruction of a farm product, research facility, or research equipment used for testing or research
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-75 SO AS TO MAKE IT UNLAWFUL TO DAMAGE OR DESTROY A FARM PRODUCT, RESEARCH FACILITY, OR RESEARCH EQUIPMENT USED FOR TESTING OR RESEARCH IN CONJUNCTION OR COORDINATION WITH A PRIVATE RESEARCH ENTITY, A UNIVERSITY, OR ANY FEDERAL, STATE, OR LOCAL GOVERNMENTAL AGENCY, TO PERMIT THE COURT TO ORDER RESTITUTION FOR THE DAMAGE OR DESTRUCTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
ANALYSIS: Self explanatory
(A233, R274, H3867) Effective: 5/1/02
Bob Harrell Bridge and Interchange
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-195 SO AS TO NAME THE I-526 BRIDGE AND INTERCHANGE THAT SPAN U.S. HIGHWAY 17 AND U.S. HIGHWAY 7 IN CHARLESTON COUNTY AS THE “BOB HARRELL BRIDGE AND INTERCHANGE” IN HONOR OF THIS DISTINGUISHED SOUTH CAROLINIAN.
ANALYSIS: This act names the I-526 bridge and interchange that span U.S. Highway 17 and U.S. Highway 7 in Charleston County the “Bob Harrell Bridge and Interchange”.
(A234, R275, H4598) Effective: 5/1/02
Probate Code, Trusts and Estates, Prudent Investor Act, investments, interest, mutual funds, pecuniary interest outright
TO AMEND SECTION 62-7-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM PRUDENT INVESTOR ACT, SO AS TO PROVIDE THAT INVESTMENTS IN MUTUAL FUNDS SPONSORED BY AFFILIATED ORGANIZATIONS ARE ALLOWED BY THE PRUDENT INVESTOR RULE IF THE INVESTMENTS MEET THE CRITERIA OF THE RULE; AND TO AMEND SECTION 62-7-405, AS AMENDED, RELATING TO DISTRIBUTIONS AT THE END OF A TRUST, SO AS TO PROVIDE FOR DISTRIBUTION OF A PECUNIARY INTEREST OUTRIGHT.
ANALYSIS: This act provides for investments by fiduciaries in no mutual funds of affiliated organizations and for payment of interest on distributions of a pecuniary interest outright when no interest rate is specified in the trust instrument.
(A235, R276, H4615) Effective: 5/1/02
Administrative hearing filing fee established
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2952 SO AS TO PROVIDE THAT THE FILING FEE FOR REQUESTING AN ADMINISTRATIVE HEARING TO CHALLENGE A DRIVER’S LICENSE SUSPENSION FOR REFUSAL TO SUBMIT TO A BREATH TEST OR REGISTERING AN ALCOHOL CONCENTRATION GREATER THAN THE EXISTING LAWFUL LIMIT IS FIFTY DOLLARS.
ANALYSIS: This act establishes a fee of fifty dollars as the filing fee for requesting an administrative hearing to challenge a driver’s license suspension for refusal to submit to a breath test or registering an alcohol concentration greater than the existing lawful limit.
(A236, R277, H4652) Effective: 4/30/02
In God We Trust and United We Stand special license plates created
TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLES 92 AND 93 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY ISSUE IN GOD WE TRUST SPECIAL LICENSE PLATES AND UNITED WE STAND SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES.
ANALYSIS: This act allows the Department of Public Safety to issue both In God We Trust and United We Stand special motor vehicle license plates and provides for the distribution of fees collected for both special motor vehicle license plates.
(A237, R278, H4680) Effective: 5/1/02
South Carolina Technology Alliance Special License Plates
TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 91 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE SOUTH CAROLINA TECHNOLOGY ALLIANCE SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.
ANALYSIS: This act allows the Department of Public Safety to issue South Carolina Technology Alliance Special License Plates and provides for the distribution of fees collected from their issuance.
(A238, R280, H4728) Effective: 5/1/02
Throwing of body fluids; additional perpetrators of the crime and crime victims established, certain patients excluded
TO AMEND SECTION 24-13-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL THROWING OF BODY FLUIDS ON AN EMPLOYEE OF A STATE OR LOCAL CORRECTIONAL FACILITY BY AN INMATE, AND THE PENALTIES IMPOSED UPON A PERSON WHO VIOLATES THE PROVISIONS CONTAINED IN THIS SECTION, SO AS TO PROVIDE THAT IN ADDITION TO AN INMATE, THIS PROVISION ALSO APPLIES TO A DETAINEE, A PERSON TAKEN INTO CUSTODY, OR A PERSON UNDER ARREST WHO THROWS CERTAIN BODY FLUIDS ON AN EMPLOYEE OF A STATE OR LOCAL CORRECTIONAL FACILITY, OR A STATE OR LOCAL LAW ENFORCEMENT OFFICER, A VISITOR OF A CORRECTIONAL FACILITY, OR ANY OTHER PERSON AUTHORIZED TO BE PRESENT IN A CORRECTIONAL FACILITY IN AN OFFICIAL CAPACITY, TO PROVIDE THAT A PERSON ACCUSED OF A CRIME AS CONTAINED IN THIS SECTION MAY BE TESTED FOR CERTAIN DISEASES UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO CERTAIN PATIENTS.
ANALYSIS: This act expands the provision that makes it illegal to throw body fluids on a person to include additional perpetrators of the crime and crime victims. It also provides that a person accused of this crime may be tested for certain diseases. In addition, it provides that this provision does not apply to certain patients.
(A239, R282, H5005) Effective: 5/2/02 without the signature of the Governor
Elections, voting precincts in Lexington County, map number redesignated
TO AMEND SECTION 7-7-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
ANALYSIS: Self explanatory
(A240, R284, S1020) Effective: 5/6/02
South Carolina Health Insurance Pool
TO AMEND SECTION 38-74-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO MODIFY THE DEFINITIONS OF “HEALTH INSURANCE” AND “INDIVIDUAL MARKET”; TO AMEND SECTION 38-74-30, RELATING TO HEALTH INSURANCE POOL COVERAGE ELIGIBILITY, SO AS TO EXTEND MEDICARE SUPPLEMENT HEALTH INSURANCE COVERAGE TO THOSE INDIVIDUALS WHO ARE ELIGIBLE FOR MEDICARE DUE TO DISABILITY AND UNDER SIXTY-FIVE YEARS OF AGE; TO AMEND SECTION 38-74-60, RELATING TO MAJOR MEDICAL EXPENSE COVERAGE, SO AS TO EXTEND COVERAGE TO THOSE INDIVIDUALS WHO ARE ELIGIBLE FOR MEDICARE DUE TO DISABILITY AND UNDER SIXTY-FIVE YEARS OF AGE AND TO PROVIDE FOR THE TYPES OF BENEFIT PLANS TO BE OFFERED TO THESE INDIVIDUALS AND THE METHOD FOR ESTABLISHING PREMIUM RATES FOR THE COVERAGE; AND TO AMEND SECTION 38-74-80, RELATING TO TAX EXEMPTIONS AND CREDITS, SO AS TO PROVIDE THAT, IF THE TOTAL ASSESSMENT FOR ALL MEMBERS OF THE POOL EXCEEDS TEN MILLION DOLLARS IN ANY ONE YEAR, THE CREDIT FOR ANY MEMBER SHALL BE LIMITED TO THE AMOUNT DETERMINED BY MULTIPLYING THE MEMBER’S ASSESSMENT BY A FRACTION, THE NUMERATOR OF WHICH EQUALS TEN MILLION DOLLARS AND THE DENOMINATOR OF WHICH EQUALS THE TOTAL ASSESSMENT IN THE YEAR FOR ALL MEMBERS OF THE POOL.
ANALYSIS: This act extends Medicare supplemental health insurance under the South Carolina Health Insurance Pool to individuals that are under age sixty-five and are eligible for Medicare due to a disability.
(A241, R293, H3048) Effective: 5/14/02
Released time for religious instruction act
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-460 SO AS TO ENACT THE “SOUTH CAROLINA RELEASED TIME FOR RELIGIOUS EDUCATION ACT” TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES MAY ADOPT A POLICY THAT AUTHORIZES A STUDENT TO BE EXCUSED FROM SCHOOL UNDER CERTAIN CONDITIONS TO ATTEND A CLASS IN RELIGIOUS INSTRUCTION CONDUCTED BY A PRIVATE ENTITY.
ANALYSIS: This act provides that a school district board of trustees may adopt a policy that authorizes a student to be excused from school to attend a class in religious instruction conducted by a private entity if:
(1) the student’s parent or guardian gives written consent;
(2) the sponsoring entity maintains attendance records and makes them available to the public school the student attends;
(3) transportation to and from the place of instruction, including transportation for students with disabilities, is the complete responsibility of the sponsoring entity, parent, or guardian;
(4) the sponsoring entity makes provisions for and assumes liability for the student who is excused; and
(5) no public funds are expended and no public school personnel are involved in providing the religious instruction.
However, no student may be released from a core academic subject class to attend a religious instruction class.
(A242, R294, H3145) Effective: 5/14/02
Health care; criminal record checks required for direct caregivers in nursing homes, adult daycare, home health agencies, and community residential facilities
TO AMEND CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, TUBERCULOSIS CAMPS, AND HEALTH SERVICES DISTRICTS, BY ADDING ARTICLE 23 SO AS TO REQUIRE CRIMINAL RECORD CHECKS OF DIRECT CAREGIVERS EMPLOYED BY NURSING HOMES, ADULT DAYCARE FACILITIES, HOME HEALTH AGENCIES, AND COMMUNITY RESIDENTIAL CARE FACILITIES; TO PROVIDE FOR TEMPORARY EMPLOYMENT PENDING THE RESULTS OF THE CRIMINAL RECORD CHECK; TO PROVIDE THAT A RECORD CHECK IS VALID UNLESS THE PERSON DISCONTINUES EMPLOYMENT IN A DIRECT CARE SETTING FOR A YEAR OR LONGER; TO AUTHORIZE DIRECT CARE ENTITIES TO FURNISH DIRECT CAREGIVER PERSONNEL INFORMATION TO OTHER ENTITIES; TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO VERIFY COMPLIANCE WITH THIS ARTICLE BEFORE RENEWING THE LICENSE OF A DIRECT CARE ENTITY; TO PROVIDE PENALTIES; AND TO REQUIRE DIRECT CARE ENTITIES TO CONDUCT CRIMINAL RECORD CHECKS ON DIRECT CAREGIVERS EMPLOYED ON JULY 1, 2002.
ANALYSIS: This act requires South Carolina criminal record checks on nurses and physical, speech, occupational, and respiratory care therapists, other direct caregivers, and persons working around or having contact with patients in nursing homes, adult daycare facilities, home health agencies, and residential care facilities. If a person has not resided in South Carolina for the preceding twelve months, the person must also undergo a federal criminal record check. A criminal record check remains valid as long as the person does not have a break in direct care employment for a year or longer. All direct caregivers employed on this act’s effective date must undergo a criminal record check within twelve months.
The act also authorizes direct care entities to furnish direct caregiver personnel records to other entities.
Additionally, the act requires DHEC to verify that a direct care entity is conducting criminal record checks on its direct caregivers prior to renewing the entity’s license.
A person who violates this act is subject to a one hundred dollar civil fine.
(A243, R296, H3289) Effective: 5/15/02 without the signature of the Governor.
Political subdivision may not establish, etc. a minimum wage that exceeds the federal minimum wage
TO AMEND ARTICLE 1, CHAPTER 1, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-130 SO AS TO PROHIBIT A POLITICAL SUBDIVISION OF THIS STATE FROM ESTABLISHING, MANDATING, OR OTHERWISE REQUIRING A MINIMUM WAGE THAT EXCEEDS THE FEDERAL MINIMUM WAGE SET PURSUANT TO 29 U.S.C. 206.
ANALYSIS: This Act adds Section 6-1-130 to prohibit a political subdivision of this State from establishing a minimum wage that exceeds the federal minimum wage set forth in the Fair Labor Standards Act. Section 6-1-130 does not limit the authority of a political subdivision to establish wage rates in contracts to which it is a party.
(A244, R297, H3436) Effective: 5/14/02
Legislative Audit Council, records confidential at all time
TO AMEND SECTION 2-15-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS OF THE LEGISLATIVE AUDIT COUNCIL AND THEIR CONFIDENTIALITY PRIOR TO PUBLICATION OF THE FINAL AUDIT REPORT, SO AS TO PROVIDE THAT ALL RECORDS AND AUDIT WORKING PAPERS OF THE LEGISLATIVE AUDIT COUNCIL ARE CONFIDENTIAL AT ALL TIMES.
ANALYSIS: Self explanatory
(A245, R299, H3812) Effective: 5/14/02
South Carolina State Bar, provision repealed that allows for funds not to go through State Treasury
TO REPEAL SECTION 40-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES COLLECTED BY THE SOUTH CAROLINA STATE BAR.
ANALYSIS: This act repeals an archaic provision that allows the South Carolina State Bar to deposit funds it receives directly in its account without having the money go through the State Treasury.
(A246, R301, H4406) Effective: 5/15/02
Social Services, County Boards of; authority to terminate Berkeley County Board
TO AMEND SECTION 43-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY BOARDS OF SOCIAL SERVICES, WHICH SERVE IN AN ADVISORY CAPACITY, SO AS TO PROVIDE THAT THE BERKELEY COUNTY LEGISLATIVE DELEGATION, IN ITS SOLE DISCRETION, HAS THE AUTHORITY TO TERMINATE ITS COUNTY BOARD OF SOCIAL SERVICES AND TO DELETE THE PROVISION WHEREBY APPOINTMENTS TO THE BOARD OF THE BERKELEY COUNTY DEPARTMENT OF SOCIAL SERVICES ARE MADE PURSUANT TO ACT 159 OF 1995 WHICH DEVOLVED THIS APPOINTING AUTHORITY TO THE GOVERNING BODY OF BERKELEY COUNTY.
ANALYSIS: Self explanatory
(A247, R303, H4562) Effective: 5/13/02 without the signature of the Governor
Use of “crab pots” in certain Pawley’s Island creeks and the Atlantic Ocean within one hundred fifty feet of mean low tide watermark on Pawley’s Island
TO AMEND SECTION 50-5-1335, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CRAB POTS, SO AS TO DELETE LANGUAGE PERMITTING THE USE OF CRAB POTS FOR COMMERCIAL PURPOSES BETWEEN MAY FIRST AND OCTOBER FIRST WITHIN PAWLEY’S ISLAND CREEK AND MIDWAY CREEK ON PAWLEY’S ISLAND AND TO FURTHER PROVIDE THAT IT IS UNLAWFUL TO SET OR USE CRAB POTS IN THE ATLANTIC OCEAN WITHIN ONE HUNDRED FIFTY FEET OF THE MEAN LOW TIDE WATERMARK ON PAWLEY’S ISLAND.
ANALYSIS: This act deletes language permitting use of crab pots for commercial purposes within certain creeks on Pawley’s Island, and prohibit the use of crab pots to catch crab in the Atlantic Ocean within one hundred fifty feet of the mean low tide watermark on Pawley’s Island in Georgetown County.
(A248, R305, H4589) Effective: 5/15/02
Coastal waters, etc., tidelands, application fee for alteration of, increased, provisions for adjusting
TO AMEND SECTION 48-39-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION FEE FOR A PERMIT TO ALTER A CRITICAL AREA AS DEFINED IN SECTION 48-39-10 WHICH INCLUDES COASTAL WATERS, TIDELANDS, BEACHES, AND A BEACH DUNE SYSTEM, SO AS TO INCREASE THE FEE AND AUTHORIZE ITS REDUCTION UNDER CERTAIN CIRCUMSTANCES AND ALLOW THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO RAISE OR LOWER THE FEE AFTER COMPLYING WITH THE ADMINISTRATIVE PROCEDURES ACT.
ANALYSIS: This act amends Section 48-39-145(A) to increase the application fee for a permit to alter a critical area as defined by Section 48-39-10. Critical areas include such areas as coastal waters, tidelands, beaches, and a beach dune system. The fee is increased from no more than fifty-one dollars to two hundred fifty dollars unless the application is for a dock one hundred feet or less, in which case the fee is one hundred fifty dollars. The Department of Health and Environmental Control may raise or lower the fee by regulation after compliance with the Administrative Procedures Act.
(A249, R290, S1240) Effective: 5/15/02 without the signature of the Governor
Elections, precincts renamed, Orangeburg County
TO AMEND SECTION 7-7-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ORANGEBURG COUNTY, SO AS TO RENAME CERTAIN PRECINCTS AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
ANALYSIS: Self explanatory
(A250, R291, S892) Effective: 5/14/02
Winthrop University, election of trustees; attendance requirements for college and university trustees
TO AMEND SECTION 59-125-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY AND THE MANNER IN WHICH THESE TRUSTEES ARE ELECTED OR APPOINTED, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE TRUSTEES SHALL BE SELECTED AND FOR THEIR TERMS OF OFFICE, AND TO GIVE EACH SEAT ON THE BOARD A NUMERICAL DESIGNATION; AND BY ADDING SECTION 59-101-285 SO AS TO PROVIDE THAT A MEMBER OF THE GOVERNING BOARD OF AN INSTITUTION OF HIGHER LEARNING MUST ATTEND AT LEAST TWO-THIRDS OF THE REGULAR AND SPECIAL MEETINGS OF THE BOARD DURING ANY CALENDAR YEAR OR A VACANCY IN THAT OFFICE SHALL EXIST, AND TO ESTABLISH PROCEDURES TO PROVIDE NOTIFICATION OF THE VACANCY AND FOR THE FILLING OF THE VACANCY.
ANALYSIS: Self explanatory
(A251, R298, H3678) Effective: 5/14/02
Temporary license plates; content, fees, issuance, penalties; dealer sold cards
TO AMEND SECTION 56-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRACE PERIOD FOR REGISTERING A MOTOR VEHICLE, SO AS TO REQUIRE A PERSON WHO IS REQUIRED TO REGISTER A MOTOR VEHICLE DURING THE GRACE PERIOD TO EITHER TRANSFER A LICENSE PLATE FROM ANOTHER MOTOR VEHICLE TO THE MOTOR VEHICLE WHICH MUST BE REGISTERED, PURCHASE A NEW LICENSE PLATE AND REGISTRATION, OR OBTAIN A TEMPORARY LICENSE PLATE FROM THE MOTOR VEHICLES DIVISION, THE COUNTY AUDITOR’S OFFICE, A DEALER OF NEW OR USED MOTOR VEHICLES, OR THE CASUAL SELLER OF THE MOTOR VEHICLE, TO PROVIDE FOR THE CONTENT, DESIGN, FEE FOR, AND ISSUANCE OF TEMPORARY LICENSE PLATES, TO PROVIDE THAT CERTAIN DOCUMENTS MUST BE MAINTAINED IN A MOTOR VEHICLE THAT DISPLAYS A TEMPORARY LICENSE PLATE OR A TRANSFERRED LICENSE PLATE, TO PROVIDE A PENALTY FOR A VIOLATION OF A PROVISION CONTAINED IN THIS SECTION, TO PROVIDE FOR THE DISTRIBUTION OF TEMPORARY LICENSE PLATE FEES, TO PROVIDE THAT A TEMPORARY LICENSE PLATE MUST BE REPLACED WITH A PERMANENT LICENSE PLATE AND REGISTRATION CARD, TO PROVIDE THAT THIS SECTION DOES NOT EFFECT A PERSON’S RESPONSIBILITY TO OBTAIN INSURANCE BEFORE OPERATING A MOTOR VEHICLE, AND TO PROVIDE THAT ONLY ONE TEMPORARY LICENSE PLATE SHALL BE ISSUED TO A PURCHASER OF A MOTOR VEHICLE FOR THE MOTOR VEHICLE HE HAS PURCHASED BEFORE IT IS REGISTERED PERMANENTLY; AND TO REPEAL SECTION 56-3-220, RELATING TO MOTOR VEHICLE DEALERS ATTACHING AND DISPLAYING DEALER SOLD CARDS ON MOTOR VEHICLES WHICH THEY SELL TO INDICATE THAT THE MOTOR VEHICLE IS BEING OPERATED WITHIN THE GRACE PERIOD ALLOWED FOR REGISTERING A NEWLY ACQUIRED MOTOR VEHICLE.
ANALYSIS: This act provides for the issuance of temporary license plates during the forty-five day grace period in which a person must register a newly acquired motor vehicle or a motor vehicle being moved into the State. It also repeals the provision that allows a motor vehicle dealer to attach and display dealer sold cards on motor vehicles that they sell.
(A252, R300, H3943) Effective: 5/14/02
Structured Settlement Protection Act
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 TO TITLE 15 SO AS TO ENACT THE “STRUCTURED SETTLEMENT PROTECTION ACT”, WHICH PROVIDES PROCEDURES TO REGULATE THE TRANSFER OF STRUCTURED SETTLEMENTS, INCLUDING PROVISIONS REQUIRING COURT OR ADMINISTRATIVE AUTHORITY APPROVAL IN ADVANCE FOR THE TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS, AND ESTABLISHING DISCLOSURE REQUIREMENTS.
ANALYSIS: This act provides procedures regarding the transfer of structured settlements including advance approval of transfers by a court of competent jurisdiction, including the probate court under certain circumstances.
(A253, R310, H4823) Effective: 5/14/02
Bonds required for government contracts, particular surety company, agent, or broker may not be required
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-35 SO AS TO PROHIBIT THE STATE, A POLITICAL SUBDIVISION OF THE STATE, OR OTHER PUBLIC ENTITY OF THE STATE FROM REQUIRING THAT A BOND TO SECURE THE BID OR THE PERFORMANCE OR PAYMENT OF THE CONTRACT BE FURNISHED BY A PARTICULAR SURETY COMPANY OR THROUGH A PARTICULAR AGENT OR BROKER; AND TO AMEND SECTIONS 11-1-120, 11-35-3030, AS AMENDED, 12-28-2740, 29-6-250, AND 57-5-1660, RELATING TO PAYMENT BONDS, BID BONDS, PERFORMANCE BONDS, LABOR AND MATERIAL BONDS, AND HIGHWAY CONSTRUCTION BONDS, RESPECTIVELY, ALL SO AS TO ADD CONFORMING LANGUAGE PROHIBITING THE STATE, A POLITICAL SUBDIVISION OF THIS STATE, OR OTHER PUBLIC ENTITY OF THE STATE FROM REQUIRING THAT THE BOND BE FURNISHED BY A PARTICULAR SURETY COMPANY OR THROUGH A PARTICULAR AGENT OR BROKER.
ANALYSIS: Self explanatory
(A254, R322, S1200) Effective: 5/15/02
Bonded indebtedness of State, economic development bonds authorized, debt service limit increased
TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 41 ENACTING THE “STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT” SO AS TO AUTHORIZE THE ISSUANCE OF BONDS FOR INFRASTRUCTURE FINANCING AS GENERAL OBLIGATION BONDS OF THE STATE OF SOUTH CAROLINA AND TO PRESCRIBE THE TERMS, CONDITIONS, USES, AND DISTRIBUTION OF THE BONDS AND THEIR PROCEEDS; AND TO INCREASE THE LIMITATION ON GENERAL OBLIGATION BOND DEBT SERVICE PROVIDED IN ARTICLE X, SECTION 13 OF THE SOUTH CAROLINA CONSTITUTION FROM FIVE PERCENT TO FIVE AND ONE-HALF PERCENT OF GENERAL FUND REVENUES OF THE PRECEDING FISCAL YEAR WITH THE ADDITIONAL DEBT SERVICE LIMITED TO STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BONDS AS PROVIDED IN THIS ACT.
ANALYSIS: This act is self explanatory except to note that the industrial projects for which these “State General Obligation Economic Development Bonds” may be issued are limited to projects in which the sponsor invests at least four hundred million dollars and at least four hundred new jobs are created.
These bonds may be issued to finance the infrastructure necessary to support such projects, including land acquisition, site preparation, road and highway improvements, rail spur construction, water service, wastewater treatments, employee training, environmental mitigation, and training and research facilities.
(A255, R316, S813) Effective: 5/20/02
Hunting wild turkey on Sunday on private land in Game Zone 4
TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-555 SO AS TO PROVIDE FOR HUNTING WILD TURKEY ON SUNDAY ON PRIVATE LAND IN GAME ZONE 4.
ANALYSIS: Adds Section 50-11-555 providing it is not unlawful to hunt wild turkey on Sunday on private land in Game Zone 4 during the prescribed season for hunting wild turkey.
(A256, R317, S926) Effective: 5/20/02
State Ports Authority, new terminal facility, funding sources, indemnification, use of property
TO REQUIRE THE STATE PORTS AUTHORITY TO BEGIN ENVIRONMENTAL IMPACT STUDIES AND OTHER REQUIRED ACTIONS IN REGARD TO THE PERMITTING PROCESS TO LOCATE A NEW TERMINAL FACILITY ON THE WEST BANK OF THE COOPER RIVER AT A LOCATION IT DETERMINES APPROPRIATE, TO ESTABLISH CERTAIN CRITERIA TO BE USED IN REGARD TO THE LOCATION OF THIS TERMINAL FACILITY, TO AUTHORIZE THE STATE PORTS AUTHORITY TO BEGIN THE PROCESS OF ACQUIRING ANY REAL PROPERTY NECESSARY FOR THIS NEW FACILITY AT THIS LOCATION, TO PROVIDE THAT THE PORTS AUTHORITY AT THE COMPLETION OF THE PERMITTING PROCESS SHALL RENDER A REPORT TO THE GENERAL ASSEMBLY CONCERNING THE NEW TERMINAL FACILITY WHICH SHALL INCLUDE A PROPOSED REQUEST FOR ANY STATE FUNDING NECESSARY TO COMPLETE THE PROJECT, TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, THE PUBLIC RAILWAYS DIVISION OF THE DEPARTMENT OF COMMERCE, AND THE STATE INFRASTRUCTURE BANK ARE DIRECTED TO EXPLORE ALL POTENTIAL OPPORTUNITIES FOR FEDERAL FUNDING OF THE INFRASTRUCTURE ENHANCEMENTS FOR PORT EXPANSION ON THE WESTERN SIDE OF THE COOPER RIVER, TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL TAKE APPROPRIATE STEPS TO PROVIDE INDEMNIFICATION TO THE STATE PORTS AUTHORITY BOARD MEMBERS FROM ANY PERSONAL LIABILITY RELATED TO THEIR SERVICE ON THE BOARD IN REGARD TO FUNDING PROVIDED TO THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK FOR THE COOPER RIVER BRIDGE, AND TO PROVIDE THAT A STATE ENTITY WHICH ACQUIRES REAL PROPERTY FROM THE FEDERAL GOVERNMENT OR FROM A STATE INSTRUMENTALITY OR REDEVELOPMENT AGENCY WHICH ACQUIRED IT FROM THE FEDERAL GOVERNMENT SHALL BE PERMITTED THE SAME USE OF THE PROPERTY AS WAS THE FEDERAL GOVERNMENT AND TO PROVIDE THAT NO COUNTY OR MUNICIPALITY BY ZONING OR OTHER MEANS MAY RESTRICT THIS PERMITTED USE OR ENJOYMENT OF THE PROPERTY.
ANALYSIS: This joint resolution is self explanatory except to note that in the findings section, the General Assembly expresses its intent that the new terminal facilities for the State Ports Authority be completed, if possible, by December 31, 2008, with at least annual reports by the Authority to the General Assembly on the status and progress of the permitting process.
(A257, R318, S969) Effective: 5/20/02
Abuse of wildlife management area land and improvements unlawful; penalties
TO AMEND SECTION 50-11-2210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ABUSE OF WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS, SO AS TO PROVIDE THAT CERTAIN ACTIVITIES ARE UNLAWFUL ABUSES OF WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS; AND TO AMEND SECTION 50-11-2220, AS AMENDED, RELATING TO ADDITIONAL PENALTIES FOR ABUSING WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO ENTER ONTO WILDLIFE MANAGEMENT AREA LANDS AFTER LOSING THE PRIVILEGE TO ENTER WILDLIFE MANAGEMENT AREA LANDS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
ANALYSIS: Amends Section 50-11-2210, so as to provide that certain activities are unlawful abuses of wildlife management area lands and improvements; and amends Section 50-11-2220, so as to provide that it is unlawful to enter onto wildlife management area lands after losing the privilege to enter wildlife management area lands, and provides penalties for violations of this section.
(A258, R319, S1001) Effective: 5/20/02
Unauthorized cutting or removal of trees or shrubs; destruction of property or scenic values of state forests; alcoholic beverages on state forestry lands; penalties
TO AMEND SECTION 48-23-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNAUTHORIZED CUTTING OR REMOVAL OF TREES AND DESTRUCTION OF PROPERTY OR SCENIC VALUES OF STATE COMMISSION OF FORESTRY LANDS, SO AS TO REVISE THE PROVISIONS RELATING TO CUTTING OR REMOVAL OF TREES AND DESTRUCTION OF STATE COMMISSION OF FORESTRY LANDS, AND PROVIDE THAT IT IS UNLAWFUL TO DISPLAY OR CONSUME ALCOHOLIC BEVERAGES IN PUBLIC ON STATE COMMISSION OF FORESTRY LANDS EXCEPT WHERE SPECIFICALLY AUTHORIZED BY THE COMMISSION AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
ANALYSIS: This act revises the provisions relating to cutting or removal of trees and destruction of State Commission of Forestry lands, provides that it is unlawful to consume or display an alcoholic beverage, except where specifically authorized by the commission, and provides for restitution and penalties for violations.
(A259, R320, S1045) Effective: 5/20/02
Insurance
TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 14 SO AS TO ENACT THE “SPECIAL PURPOSE REINSURANCE VEHICLE MODEL ACT” TO INCLUDE PROVISIONS FOR ACHIEVING GREATER EFFICIENCY IN CONDUCTING INSURANCE SECURITIZATIONS, TO DIVERSIFY AND BROADEN INSURERS’ ACCESS TO SOURCES OF RISK-BEARING CAPITAL, TO MAKE INSURANCE SECURITIZATION AS GENERALLY AVAILABLE TO AS MANY INSURERS AS POSSIBLE, AND TO CREATE SPECIAL PURPOSE REINSURANCE VEHICLES IN ORDER TO FACILITATE THE SECURITIZATION OF ONE OR MORE CEDING INSURERS’ RISK AS A MEANS OF ACCESSING ALTERNATIVE SOURCES OF CAPITAL.
ANALYSIS: This act enacts the “Special Purpose Reinsurance Vehicle Model Act” to include provisions for achieving greater efficiency in conducting insurance securitizations, diversify and broaden insurers’ access to sources of risk-bearing capital, make insurance securitization available to as many insurers as possible, and create special purpose reinsurance vehicles to facilitate the securitization of ceding insurers’ risk.
(A260, R321, S1061) Effective: 5/20/02
Use of turtle excluder devices; size of openings; penalties
TO AMEND SECTION 50-5-765, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF TURTLE EXCLUDER DEVICES, SO AS TO PROVIDE THAT, UNTIL FEDERAL REGULATIONS ARE AMENDED TO INCREASE THE ESCAPE OPENINGS IN TURTLE EXCLUDER DEVICES TO A CERTAIN SIZE, EACH TRAWL NET USING A HARD TURTLE EXCLUDER DEVICE IN THE SALT WATERS OF THIS STATE MUST HAVE A TURTLE EXCLUDER DEVICE OPENING OF NOT LESS THAN THIRTY-FIVE INCHES IN TAUT HORIZONTAL LENGTH AND NOT LESS THAN TWENTY INCHES IN SIMULTANEOUS VERTICAL TAUT HEIGHT OR A FEDERALLY APPROVED LEATHERBACK OR DOUBLE COVER FLAP HARD TURTLE EXCLUDER DEVICE MODIFICATION.
ANALYSIS: Amends Section 50-5-765, so as to provide that, until federal regulations increase the escape openings in turtle excluder devices to a certain size, each trawl net using a hard turtle excluder device in salt waters of this State must have a turtle excluder device opening of not less than thirty-five inches in taut horizontal length and not less than twenty inches in simultaneous vertical taut height or a federally approved leatherback or double cover flap hard turtle excluder device modification.
(A261, R324, H3868) Effective: 5/20/02
Elections, county board of canvassers to meet Friday instead of Thursday after the election
TO AMEND SECTION 7-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEETING AND ORGANIZATION OF THE COUNTY BOARD OF CANVASSERS, SO AS TO MOVE FROM THURSDAY TO FRIDAY AFTER THE ELECTION THE TIME FOR THE BOARD TO MEET.
ANALYSIS: Self explanatory
(A262, R325, H3957) Effective: 5/20/02
Maternal, infant, and child health council repealed
TO REPEAL ARTICLE 21, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COUNCIL ON MATERNAL, INFANT, AND CHILD HEALTH ACT, THE CREATION OF THE COUNCIL AND PROVIDING FOR ITS POWERS AND DUTIES.
ANALYSIS: Self explanatory.
(A263, R327, H4030) Effective: 5/20/02
Magistrate’s Court jurisdiction concurrent with regard to the offense of driving while a person’s license is suspended for reasons other than for driving while under the influence of alcohol or drugs.
TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WHILE ONE’S LICENSE IS SUSPENDED SO AS TO PROVIDE THE MAGISTRATE’S COURT HAS CONCURRENT, NOT EXCLUSIVE, JURISDICTION TO HEAR THE OFFENSE OF DRIVING WHILE ONE’S LICENSE IS SUSPENDED FOR REASONS OTHER THAN FOR DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.
ANALYSIS: Self explanatory
(A264, R328, H4412) Effective: 5/21/02
Motor Vehicle License Plates, special plates to be issued for Share the Road, Morris Island Lighthouse, and the Heritage Classic Foundation
TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLES 44, 94, AND 97, SO AS TO PROVIDE, RESPECTIVELY, FOR THE ISSUANCE OF SHARE THE ROAD LICENSE PLATES, A SPECIAL MORRIS ISLAND LIGHTHOUSE LICENSE PLATE, AND THE HERITAGE CLASSIC FOUNDATION SPECIAL LICENSE PLATE; AND TO AMEND SECTION 56-3-8100, RELATING TO GUIDELINES FOR THE PRODUCTION AND DISTRIBUTION OF SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT FROM THE FUNDS COLLECTED FOR THESE LICENSE PLATES, SUFFICIENT FUNDS MUST BE SET ASIDE FOR USE BY THE DEPARTMENT OF PUBLIC SAFETY TO DEFRAY THE COSTS OF PRODUCING AND ADMINISTERING THE SPECIAL PLATE.
ANALYSIS: Self explanatory
(A265, R329, H4419) Effective: 5/20/02
School district orientation program for board members, records of program completion to be maintained and reflected in school district report card
TO AMEND SECTION 59-19-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORIENTATION FOR SCHOOL DISTRICT BOARDS OF TRUSTEES AND COUNTY BOARDS OF EDUCATION, SO AS TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO KEEP A RECORD OF THE TRUSTEES WHO COMPLETE THE ORIENTATION PROGRAM; TO AMEND SECTION 59-18-900, AS AMENDED, RELATING TO THE DEVELOPMENT AND CONTENT OF ANNUAL REPORT CARDS FOR SCHOOLS AND SCHOOL DISTRICTS, SO AS TO REQUIRE THE PERCENTAGE OF NEW TRUSTEES WHO COMPLETE THE ORIENTATION PROGRAM TO BE REFLECTED IN THE DISTRICT’S ANNUAL REPORT CARD; AND TO ADD SECTION 59-40-200 SO AS TO PROVIDE THAT IF A PROVISION IN THE SOUTH CAROLINA CHARTER SCHOOL ACT OF 1996 IS FOUND UNCONSTITUTIONAL, THE REMAINING PROVISIONS OF THAT ACT ARE VALID AND ARE NOT AFFECTED BY THE UNCONSTITUTIONAL PROVISION.
ANALYSIS: Self explanatory
(A266, R330, H4530) Effective: 5/20/02
“No More Homeless Pets” special license plates
TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 93 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE “NO MORE HOMELESS PETS” SPECIAL LICENSE PLATES, AND PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES TO LOCAL PRIVATE NONPROFIT GROUPS OFFERING ANIMAL SPAYING AND NEUTERING SERVICES.
ANALYSIS: Adds Article 93 to Chapter 3, Title 56, so as to provide for “No More Homeless Pets” special license plates. The act also provides for use of fees from the sale of these special license plates by the State Veterinarian for local animal spaying and neutering programs and for grants to local private nonprofit groups offering animal spaying and neutering services.
(A267, R331, H4629) Effective: 5/20/02
Controlled substances, ecstasy included; penalties provided
TO AMEND SECTIONS 44-53-190, 44-53-370, AND 44-53-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO CONTROLLED SUBSTANCES, CRIMINAL OFFENSES RELATING TO CONTROLLED SUBSTANCES, AND PENALTIES AND FORFEITURE FOR VIOLATIONS, SO AS TO INCLUDE 3, 4-METHYLENEDIOXYMETHAMPHETAMINE (MDMA), ALSO KNOWN AS “ECSTASY”, AS A SCHEDULE I CONTROLLED SUBSTANCE, TO PROVIDE PENALTIES FOR ILLEGALLY POSSESSING OR TRAFFICKING IN THE DRUG, AND TO PROVIDE THAT CONVEYANCES USED IN TRANSPORTING, CONCEALING, CONTAINING, POSSESSING, OR MANUFACTURING THIS DRUG ARE SUBJECT TO FORFEITURE.
ANALYSIS: This act adds MDMA, also known as “ecstasy”, to the list of Schedule I controlled substances. It establishes possession of fifteen capsules of ecstasy as prima facie evidence of a felony offense and possession of one hundred capsules as trafficking in ecstasy. The act provides penalties of up to five years or five thousand dollars or both for a first offense for possession and a twenty thousand dollar fine and at least three years but no more than ten years for dealing in one hundred but less than five hundred capsules of ecstasy; it also provides increased penalties for subsequent ecstasy offenses and dealing in greater quantities of ecstasy.
Finally, the act provides that conveyances used to conceal, contain, transport, manufacture, or possess ecstasy are subject to forfeiture.
(A268, R332, H4869) Effective: 5/20/02
State Day of Remembrance
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-160, SO AS TO DESIGNATE THE ELEVENTH DAY OF SEPTEMBER OF EACH YEAR AS A STATE DAY OF REMEMBRANCE FOR THE VICTIMS OF THE SEPTEMBER 11, 2001, TERRORIST ATTACKS AND FOR ALL OF SOUTH CAROLINA’S FIREFIGHTERS, LAW ENFORCEMENT OFFICERS, NATIONAL GUARD, AND EMERGENCY SERVICE PERSONNEL, AND 911 TELECOMMUNICATORS.
ANALYSIS: This act adds Section 53-3-160 to designate September 11 of each year as a State Day of Remembrance.
(A269, R334, H4954) Effective: 5/20/02
Electric Personal Assistive Mobility Devices; provisions that regulate their operation
TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TRAFFIC ALONG THE STATE’S HIGHWAYS, BY ADDING ARTICLE 26 SO AS TO DEFINE, ESTABLISH PROVISIONS REGULATING THE OPERATION OF, AND PROVIDE PENALTIES FOR THE ILLEGAL OPERATION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES.
ANALYSIS: This act establishes provisions that regulate the operation of Electric Personal Assistive Mobility Devices.
(A270, R341, S633) Effective: 5/28/02
Santee Cooper Counties Promotions Commission member’s terms increased to four years
TO AMEND SECTION 51-13-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND TERMS OF MEMBERS OF THE SANTEE COOPER COUNTIES PROMOTIONS COMMISSION, SO AS TO PROVIDE THAT THE TERMS OF THE MEMBERS SHALL BE FOR FOUR YEARS INSTEAD OF ONE YEAR, TO DELETE OBSOLETE LANGUAGE, AND TO MAKE CERTAIN TECHNICAL CHANGES.
ANALYSIS: This act provides that the president and chief executive officer, rather than the general manager, of the S. C. Public Service Authority serves ex officio on the Santee Cooper Counties Promotions Commission. Additionally, the act increases the term of the members of the commission from one year to four years.
(A271, R343, S1005) Effective: 5/28/02
Taxes, real property, time for reassessment notice to be mailed, time allowed for appeal
TO AMEND SECTION 12-60-2510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX ASSESSMENT NOTICES ISSUED BY COUNTY ASSESSORS AND THE TIME ALLOWED FOR APPEALS OF THE VALUES PROVIDED IN THESE NOTICES, SO AS TO PROVIDE THAT SUBSTANTIALLY ALL PROPERTY TAX ASSESSMENT NOTICES MUST BE MAILED BY OCTOBER FIRST RATHER THAN FEBRUARY FIRST OF THE YEAR OF IMPLEMENTATION OF A COUNTYWIDE EQUALIZATION PROGRAM AND TO PROVIDE THAT A NOTICE OF OBJECTION TO A PROPOSED VALUE IN A PROPERTY TAX ASSESSMENT NOTICE MAY BE TIMELY FILED WITHIN NINETY DAYS RATHER THAN THIRTY DAYS AFTER THE MAILING OF THE PROPERTY TAX ASSESSMENT NOTICE.
ANALYSIS: Self explanatory
(A272, R345, S1023) Effective: 5/28/02
Certification of the cause of death on a death certificate, terms defined; reports of birth, death, and fetal death transmitted to State Registrar
TO AMEND SECTION 17-5-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CERTIFICATION OF THE CAUSE OF DEATH ON A DEATH CERTIFICATE BY A CORONER, DEPUTY CORONER, MEDICAL EXAMINER, OR DEPUTY MEDICAL EXAMINER, SO AS TO MAKE TECHNICAL CHANGES, AND TO PROVIDE DEFINITIONS FOR THE TERMS “SIGN”, “SIGNED”, AND “SIGNATURE”; AND TO AMEND SECTION 44-63-40, RELATING TO THE APPOINTMENT OF AND DUTIES OF COUNTY REGISTRARS, DEPUTY REGISTRARS, AND SUBREGISTRARS, SO AS TO PROVIDE THAT REPORTS OF BIRTH, DEATH, AND FETAL DEATH MUST BE TRANSMITTED TO THE STATE REGISTRAR AT INTERVALS PRESCRIBED BY THE STATE REGISTRAR AND NO LONGER TO THE COUNTY REGISTRAR.
ANALYSIS: Self explanatory
(A273, R346, S1172) Effective: 5/28/02
Interstate Compact for Adult Offender Supervision; Uniform Act of Out-of-State Parolee Supervision repealed
TO AMEND TITLE 24, CHAPTER 21, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 SO AS TO PROVIDE FOR THE INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION AND, UPON THE EFFECTIVE DATE OF THIS ACT, TO REPEAL ARTICLE 9, CHAPTER 21 OF TITLE 24, RELATING TO THE UNIFORM ACT FOR OUT-OF-STATE PAROLEE SUPERVISION.
ANALYSIS: This act adopts the Interstate Compact for Adult Offender Supervision and repeals the Uniform Act of Out-of-State Parolee Supervision.
(A274, R349, H3010) Effective: 5/28/02
Concealed weapons and weapons permits; allowable premises, permit application, and signs prohibiting concealable weapons revised
TO AMEND SECTION 16-23-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CARRYING OR DISPLAYING OF FIREARMS IN A PUBLIC BUILDING OR UPON AREAS ADJACENT TO A PUBLIC BUILDING, SO AS TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THAT A PERSON WHO IS AUTHORIZED TO CARRY A CONCEALED WEAPON MAY CARRY A CONCEALED WEAPON UPON ANY PREMISES, PROPERTY, OR BUILDING THAT IS PART OF AN INTERSTATE REST AREA FACILITY; TO AMEND SECTION 16-23-465, AS AMENDED, RELATING TO PENALTIES FOR UNLAWFULLY CARRYING A PISTOL OR FIREARM ONTO THE PREMISES OF A BUSINESS SELLING ALCOHOLIC LIQUORS, BEER, OR WINE FOR ON PREMISES CONSUMPTION, SO AS TO REVISE THE PARTICULARS OF THIS OFFENSE; TO AMEND SECTION 23-31-210, RELATING TO DEFINITIONS CONTAINED IN THE LAW ABIDING CITIZEN’S SELF-DEFENSE ACT OF 1996, SO AS TO REVISE THE DEFINITION OF THE TERM “RESIDENT”; TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, SO AS TO REDUCE THE NUMBER OF PHOTOGRAPHS OF AN APPLICANT THAT MUST BE SUBMITTED WITH AN INITIAL AND A RENEWAL APPLICATION FOR A CONCEALABLE WEAPON PERMIT, TO SPECIFY THE SIZE OF THE PHOTOGRAPH, TO PROVIDE THAT THE SUBMISSION OF A COMPLETE SET OF FINGERPRINTS WITH AN INITIAL OR RENEWAL APPLICATION FOR A CONCEALABLE WEAPON PERMIT MAY BE WAIVED UNDER CERTAIN CIRCUMSTANCES, TO REVISE THE RESIDENCY REQUIREMENT CONTAINED IN THE CONCEALABLE WEAPON PERMIT APPLICATION FORM, TO PROVIDE A CONCEALABLE WEAPON PERMIT HOLDER WHO IS CARRYING A CONCEALABLE WEAPON MUST INFORM A LAW ENFORCEMENT OFFICER UNDER CERTAIN CIRCUMSTANCES THAT HE IS A PERMIT HOLDER, TO PROVIDE THAT A CONCEALABLE WEAPON PERMIT HOLDER WHO IS GIVEN EXPRESS PERMISSION BY THE APPROPRIATE CHURCH OFFICIAL OR GOVERNING BODY MAY CARRY A CONCEALABLE WEAPON INTO A CHURCH OR OTHER ESTABLISHED RELIGIOUS SANCTUARY, AND TO PROVIDE THAT ONCE A CONCEALABLE WEAPON PERMIT HOLDER IS NO LONGER A RESIDENT OF THIS STATE, HIS CONCEALABLE WEAPON PERMIT IS VOID AND MUST BE SURRENDERED TO SLED; TO AMEND SECTION 23-31-235, RELATING TO THE CONTENT OF POSTED SIGNS THAT PROHIBIT THE CARRYING OF A CONCEALABLE WEAPON UPON ANY PREMISES, SO AS TO REVISE THE SIZE, CONTENT, AND PLACEMENT OF THESE SIGNS; AND TO AMEND SECTION 51-3-145, AS AMENDED, RELATING TO ACTS THAT MAY NOT BE COMMITTED AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO ALLOW A PERSON WHO POSSESSES A CONCEALABLE WEAPON PERMIT TO POSSESS A CONCEALABLE WEAPON AND ITS AMMUNITION AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM.
ANALYSIS: This act provides for additional premises where a concealable weapons permit holder may carry a concealable weapon. It revises the definition of a South Carolina resident. It also revises the information a person must present to SLED in his application for a concealable weapon permit. It addition it revises the content of signs that are posted, which prohibit the carrying of a concealable weapon on to a premise.
(A275, R350, H3014) Effective: 5/29/02 without the signature of the Governor
Motor vehicles; passenger vehicle; registration; nonresident; county auditor; notice; certified mail
TO AMEND SECTION 56-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF A MOTOR VEHICLE BY A NONRESIDENT OWNER, SO AS TO PROVIDE FOR A SWORN WRITTEN RESPONSE TO INQUIRY AS TO NONRESIDENCY BY THE COUNTY AUDITOR OF ANY COUNTY IN WHICH A NONRESIDENT OWNS OR LEASES REAL OR PERSONAL PROPERTY, TO REQUIRE THAT THE INQUIRY BE DELIVERED BY HAND OR CERTIFIED MAIL AND BASED ON A CREDIBLE REPORT THAT THE NONRESIDENT OWNS OR OPERATES A NONREGISTERED VEHICLE AND OWNS OR LEASES PROPERTY IN THE COUNTY, TO MAKE THE WILFUL FAILURE TO REGISTER IN A TIMELY MANNER, FILING A FALSE RESPONSE, OR OTHER WILFUL VIOLATION OF THE PROVISIONS A MISDEMEANOR, AND TO PROVIDE FOR PENALTIES AND PAYMENT OF TWICE THE PERSONAL PROPERTY TAXES PROPERLY DUE AND PAYABLE ON THE VEHICLE, PLUS PENALTIES AND INTEREST.
ANALYSIS: This act provides for the detection and registration of a motor vehicle owned or operated by a nonresident of the State in a county within the State in which the owner/operator has real or personal property, and provides criminal penalties for failure to register.
(A276, R351, H3174) Effective: 5/28/02
Home School Awareness Week; teaching a foster child at home
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-35 SO AS TO ESTABLISH “SOUTH CAROLINA HOME SCHOOL AWARENESS WEEK” EACH YEAR TO RECOGNIZE THE MANY FAMILIES IN SOUTH CAROLINA WHO EDUCATE THEIR CHILDREN AT HOME, AND TO PROVIDE THAT DURING HOME SCHOOL AWARENESS WEEK, ALL HOME SCHOOL STUDENTS IN THIS STATE AND THEIR PARENTS OR GUARDIANS WHO SERVE AS THEIR CHILDREN’S TEACHER SHALL BE PROVIDED THE SAME ADMISSION OPPORTUNITIES TO CERTAIN STATE AND LOCAL EDUCATIONAL FACILITIES AS ARE PROVIDED TO PUBLIC AND PRIVATE SCHOOL STUDENTS AND THEIR TEACHERS; AND BY ADDING SECTION 59-65-46 SO AS TO PROVIDE THAT A FOSTER PARENT MAY TEACH A FOSTER CHILD AT HOME, IF IN ADDITION TO ANY OTHER REQUIREMENTS, HOME SCHOOLING OF THE CHILD HAS BEEN APPROVED BY THE DEPARTMENT OF SOCIAL SERVICES OR OTHER AGENCY HAVING CUSTODY OF THE CHILD.
ANALYSIS: This act first provides that to recognize the many families in South Carolina who educate their children at home, each year the first full week in October is designated and shall be recognized as ‘South Carolina Home School Awareness Week’. During ‘South Carolina Home School Awareness Week’, all home school students in this State and their parents or guardians who serve as their children’s teacher shall be provided the same admission opportunities to any educational facilities owned by or under the control of this State or any state agency, department, or institution as are provided to public or private school students and their teachers. In addition during Home School Awareness Week, educational facilities, not including public school facilities, owned or under the control of a local political subdivision or entity also shall provide the same admission opportunities as are provided to public or private school students and their teachers.
The act also provides that a foster parent may teach a foster child at home if, in addition to any other requirements, home schooling of the child has been approved by the Department of Social Services or other agency having custody of the child.
(A277, R352, H3328) Effective: 5/29/02 without the signature of the Governor
Law enforcement agency investigation of an employee of another department or agency may request assistance from another agency.
TO AMEND SECTION 56-5-765, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INVESTIGATION OF A TRAFFIC COLLISION INVOLVING A LAW ENFORCEMENT OR DEPARTMENT OF PUBLIC SAFETY MOTOR VEHICLE, SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY THAT HAS PRIMARY RESPONSIBILITY FOR AN INVESTIGATION INVOLVING AN EMPLOYEE OF ANOTHER DEPARTMENT OR AGENCY, BUT LACKS EXPERTISE TO CONDUCT A PROPER INVESTIGATION, MAY REQUEST ASSISTANCE FROM ANOTHER AGENCY THAT HAS THE APPROPRIATE EXPERTISE, AS LONG AS THE ASSISTING AGENCY OR AN EMPLOYEE OF THE ASSISTING AGENCY IS NOT A SUBJECT OF THE INVESTIGATION, AND TO PROVIDE THAT A REQUEST MADE PURSUANT TO THIS PROVISION SHALL RESULT IN A JOINT INVESTIGATION CONDUCTED BY BOTH AGENCIES.
ANALYSIS: Self explanatory
(A278, R353, H3819) Effective: 5/28/02
Proceedings of a death penalty trial, life imprisonment defined, jury charges established
TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEEDINGS OF A DEATH PENALTY TRIAL, SO AS TO REVISE THE DEFINITION OF “LIFE IMPRISONMENT” AND PROVIDE THAT, WHEN REQUESTED BY THE STATE OR THE DEFENDANT, THE JUDGE MUST CHARGE THE JURY IN HIS INSTRUCTIONS THAT LIFE IMPRISONMENT MEANS UNTIL THE DEATH OF THE DEFENDANT WITHOUT THE POSSIBILITY OF PAROLE, AND IN CASES WHERE THE DEFENDANT IS ELIGIBLE FOR PAROLE, THE JUDGE MUST CHARGE THE APPLICABLE PAROLE ELIGIBILITY STATUTE.
ANALYSIS: Self explanatory
(A279, R355, H4303) Effective: 5/28/02
Marks or trade names previously used by another person in this State may not be registered.
TO AMEND SECTION 39-15-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS WHICH PRECLUDE THE REGISTRATION OF CERTAIN DISTINGUISHING MARKS FOR GOODS OR SERVICES, SO AS TO PROVIDE THAT CERTAIN MARKS OR TRADE NAMES PREVIOUSLY USED BY ANOTHER PERSON IN THIS STATE MAY NOT BE REGISTERED.
ANALYSIS: This act provides that certain works or trade names previously used by another person in this State may not be registered.
(A280, R356, H4548) Effective: 5/28/02
Taxation, income and property, fee-in-lieu of property taxes, incentives for environmental cleanup
TO AMEND SECTIONS 4-12-30, 4-29-67, AND 12-44-30, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS FEES IN LIEU OF PROPERTY TAXES AND THE APPLICABLE INVESTMENT THRESHOLDS FOR ELIGIBILITY FOR THESE FEES, SO AS TO PROVIDE THAT THERE MAY BE INCLUDED TO MEET THE MINIMUM INVESTMENT THRESHOLD REQUIREMENT AMOUNTS EXPENDED FOR COSTS INCURRED FOR VOLUNTARY CLEANUP ACTIVITY OF A NONRESPONSIBLE PARTY PURSUANT TO ARTICLE 7, CHAPTER 56, TITLE 44, THE BROWNFIELDS VOLUNTARY CLEANUP PROGRAM AND TO PROVIDE THAT AT LEAST ONE MILLION DOLLARS OF CLEANUP COSTS INCURRED QUALIFY THE PROJECT FOR THE FEE; BY ADDING SECTION 12-6-3550 SO AS TO ALLOW A STATE CORPORATE INCOME TAX CREDIT FOR EXPENSES INCURRED BY A TAXPAYER IN CLEANING UP A SITE PURSUANT TO ARTICLE 7, CHAPTER 56, TITLE 44. THE BROWNFIELDS VOLUNTARY CLEANUP ACT, TO PROVIDE THE AMOUNT OF THE CREDIT, THOSE ELIGIBLE TO RECEIVE IT, AND THE PROCEDURES NECESSARY TO CLAIM THE CREDIT; BY AMENDING SECTION 12-6-3360, AS AMENDED, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO ALLOW AN ADDITIONAL CREDIT EQUAL TO ONE THOUSAND DOLLARS FOR AN OTHERWISE QUALIFYING NEWLY CREATED JOB IF THE JOB IS CREATED AT A FACILITY ON PROPERTY WHICH HAS BEEN THE SUBJECT OF A COMPLETED RESPONSE ACTION PURSUANT TO A NONRESPONSIBLE PARTY VOLUNTARY CLEANUP CONTRACT UNDER ARTICLE 7, CHAPTER 56, TITLE 44, THE BROWNFIELDS VOLUNTARY CLEANUP PROGRAM; AND BY AMENDING SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW AN EXEMPTION FROM COUNTY TAXES FOR FIVE YEARS ON PROPERTY SUBJECT TO A NONRESPONSIBLE PARTY VOLUNTARY CLEANUP CONTRACT FOR WHICH A CERTIFICATE OF COMPLETION HAS BEEN ISSUED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
ANALYSIS: This act is self explanatory except to note that the state corporate income tax credit allowed pursuant to Section 12-6-3550 added by this act is equal to fifty percent of the expenses of the cleanup costs, not to exceed fifty thousand dollars in a taxable year. Unused credit, not to exceed one hundred thousand dollars, may be carried forward to five succeeding taxable years. Additionally, in the final year of a cleanup program, the taxpayer is allowed an additional credit equal to ten percent of the total cleanup costs, not to exceed fifty thousand dollars in total.
Additionally, the additional exemption allowed by the amendment to Section 12-37-220(B) is permitted only upon approval of the governing body of the county and the exemption itself applies only to property taxes levied for the operations of county government. This exemption does not extend to levies for school operations and debt service for schools.
(A281, R357, H4656) Effective: 5/24/02
Civil procedure; time frame for commencement of civil actions
TO AMEND SECTION 15-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL REQUIREMENT THAT CIVIL ACTIONS MUST BE COMMENCED WITHIN THE STATUTORILY PRESCRIBED TIME FRAMES, SO AS TO PROVIDE THAT A CIVIL ACTION IS COMMENCED WHEN THE SUMMONS AND COMPLAINT ARE FILED WITH THE CLERK OF COURT IF ACTUAL SERVICE IS ACCOMPLISHED WITHIN ONE HUNDRED TWENTY DAYS AFTER FILING.
ANALYSIS: Self explanatory
(A282, R359, H4670) Effective: 5/28/02
Driver’s license issuance, South Carolina resident defined, expiration date established for nonlawful permanent residents
TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY NOT BE ISSUED A DRIVER’S LICENSE OR HAVE THEIR DRIVER’S LICENSE RENEWED, SO AS TO DELETE THE PROVISION THAT ALLOWS PERSONS FROM OTHER COUNTRIES WHO ARE PRESENT IN SOUTH CAROLINA ON A STUDENT VISA OR ON A WORK VISA OR THEIR DEPENDENTS TO OBTAIN A DRIVER’S LICENSE OR HAVE THEIR DRIVER’S LICENSE RENEWED, TO DEFINE “RESIDENT OF SOUTH CAROLINA” FOR PURPOSES OF DETERMINING ELIGIBILITY TO OBTAIN OR RENEW A DRIVER’S LICENSE, TO PROVIDE THAT RESIDENTS OF SOUTH CAROLINA AND THEIR DEPENDENTS ARE ELIGIBLE TO OBTAIN A DRIVER’S LICENSE OR HAVE A DRIVER’S LICENSE RENEWED, TO PROVIDE THE EXPIRATION DATE FOR A DRIVER’S LICENSE ISSUED PURSUANT TO THIS PROVISION, AND TO PROVIDE THAT A PERSON PENDING ADJUSTMENT OF STATUS WHO PRESENTS APPROPRIATE DOCUMENTATION TO THE DEPARTMENT OF PUBLIC SAFETY SHALL BE GRANTED A ONE-YEAR EXTENSION OF HIS DRIVER’S LICENSE WHICH IS RENEWABLE ANNUALLY.
ANALYSIS: Self explanatory
(A283, R360, H4757) Effective: 5/28/02
Charges and contractual procedures for housing federal prisoners in local jails or detention facilities revised.
TO AMEND SECTION 23-19-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARGES A SHERIFF OR JAILER MAY IMPOSE FOR THE HOUSING OF PRISONERS COMMITTED TO A COUNTY JAIL TO SERVE A SENTENCE IMPOSED BY THE FEDERAL COURTS, SO AS TO REVISE THE CHARGE AND CONTRACTUAL PROCEDURE BY ALLOWING SHERIFFS, JAILERS, AND MUNICIPALITIES TO CHARGE AN AMOUNT PER DAY AS PROVIDED BY CONTRACTUAL AGREEMENT WITH THE APPROPRIATE FEDERAL AUTHORITY FOR EACH PERSON COMMITTED TO A JAIL OR ANOTHER DETENTION FACILITY EITHER AS A PRETRIAL FEDERAL DETAINEE, PENDING A JUDICIAL HEARING OR ACTION, AS A FEDERAL PRISONER IN TRANSIT FROM OR AWAITING TRANSFER TO ANOTHER INSTITUTION, OR AS A FEDERAL INMATE SERVING A SENTENCE IMPOSED BY THE UNITED STATES COURTS, TO DELETE THE PROVISION THAT ALLOWS A PORTION OF THE CHARGE TO BE USED BY THE COUNTY JAIL, TO PROVIDE THAT THE CONTRACT MUST BE SIGNED BY THE SHERIFF IF HE IS RESPONSIBLE FOR OPERATING A COUNTY JAIL OR DETENTION FACILITY USED TO HOUSE FEDERAL DETAINEES, PRISONERS, OR INMATES, AND TO PROVIDE THAT ANY EXPENDITURE OF MONIES CONTAINED IN THIS SECTION MUST BE MADE IN ACCORDANCE WITH THE ESTABLISHED PROCUREMENT PROCEDURES OF THE LOCAL GOVERNMENT WHICH HAS BUDGET APPROPRIATION AUTHORITY FOR THE JAIL OR DETENTION FACILITY.
ANALYSIS: This act revises the charges a local jail or detention facility may impose upon the federal government when a contract is entered into by both parties to house federal prisoners in a local jail or detention facility. It also revises the contractual procedure that governs both parties.
(A284, R361, H4818) Effective: 5/28/02
Nonpublic Post-secondary Institution License Act - revisions
TO AMEND SECTION 59-58-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA NONPUBLIC POST-SECONDARY INSTITUTION LICENSE ACT, SO AS TO ADD CERTAIN DEFINITIONS; TO AMEND SECTION 59-58-30, RELATING TO EXCLUSIONS FROM THE DEFINITION OF “NONPUBLIC EDUCATIONAL INSTITUTION”, SO AS TO FURTHER PROVIDE FOR THOSE ACTIVITIES, COURSES, OR INSTITUTIONS THAT COME WITHIN THIS EXCLUSION; TO AMEND SECTION 59-58-50, RELATING TO LICENSE REQUIREMENTS FOR NONPUBLIC INSTITUTIONS, SO AS TO PROVIDE LICENSES MAY BE GRANTED TO NONDEGREE GRANTING INSTITUTIONS FOR LESS THAN TWELVE MONTHS; TO AMEND SECTION 59-58-60, RELATING TO USE OF THE TERM “COLLEGE” OR “UNIVERSITY” IN A NAME, SO AS TO REVISE THE CIRCUMSTANCES WHEN THESE TERMS MAY AND MAY NOT BE USED; TO AMEND SECTION 59-58-70, RELATING TO FEES, SO AS TO PROVIDE FOR FURTHER SITUATIONS WHEN PENALTIES MAY BE IMPOSED; TO AMEND SECTION 59-58-100, RELATING TO ENROLLMENT CONTRACTS AND OTHER AGREEMENTS BEING VOID WITHOUT A LICENSE, SO AS TO CORRECT A GRAMMATICAL REFERENCE; AND TO AMEND SECTION 59-58-110, RELATING TO DENIAL, REVOCATION, OR SUSPENSION OF LICENSES, SO AS TO FURTHER PROVIDE FOR WHEN THE COMMISSION ON HIGHER EDUCATION MAY PROCEED WITH A DENIAL OR REVOCATION AND TO AUTHORIZE THE COMMISSION TO ALSO IMPOSE PROBATION AND DELAY A NEW CLASS TERM.
ANALYSIS: Title 59, Chapter 58 of the 1976 Code highlights the Commission on Higher Education’s duty as it relates to licensure of nonpublic post-secondary educational institutions. This chapter defines nonpublic post-secondary educational institutions and prescribes license and fee requirements. It also states the procedure for denial, revocation, or suspension of a nonpublic post-secondary educational institution’s license.
This act clarifies the duties and responsibilities of the Commission on Higher Education as it relates to the Nonpublic Post-secondary Institution License Act. This act provides the commission with additional controls for issuing licenses to nondegree granting institutions, defining a nonpublic education institution and imposing penalties and fines as they relate to institutions that violate this act.
This act also prevents the use of the term “college” and “university” by nondegree granting entities. It also gives the commission sanction authority for noncompliance.
(A285, R362, H4891) Effective: 5/28/02
Department to make antirabic (human) vaccine and globulin products available for persons exposed to rabies
TO AMEND SECTION 47-5-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FURNISHING ANTIRABIC (HUMAN) VACCINE, SO AS TO PROVIDE THAT THE DEPARTMENT MUST ENSURE THE AVAILABILITY OF ANTIRABIC (HUMAN) VACCINE AND GLOBULIN PRODUCTS FOR PERSONS BITTEN BY OR EXPOSED TO A PET OR ANIMAL FOUND OR SUSPECTED TO BE AFFECTED BY RABIES, TO PROVIDE THAT THE PROVISION OF THESE PRODUCTS MUST BE IN ACCORDANCE WITH DEPARTMENT GUIDELINES, AND TO AUTHORIZE THE DEPARTMENT TO SEEK REIMBURSEMENT FOR THESE PRODUCTS.
ANALYSIS: This act provides that the department must make antirabic (human) vaccine and globulin products available for persons bitten by or otherwise exposed to a pet or other animal found or suspected to be affected by rabies in accordance with departmental guidelines and authorizes the department to seek reimbursement for the cost of these products.
(A286, R363, H4998) Effective: 5/28/02
State Treasurer, authority for master lease program, funds to defray costs retained
TO AMEND SECTION 1-1-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION FOR THE STATE TREASURER TO MAKE INSTALLMENT LOANS TO ENTITIES OF STATE GOVERNMENT FOR THE PURPOSE OF RENTING, LEASING, OR PURCHASING OF CERTAIN EQUIPMENT, SO AS TO DELETE REFERENCES TO INSTALLMENT LOANS AND INSTEAD ALLOW THE STATE TREASURER TO PROVIDE FINANCING ARRANGEMENTS UNDER THE MASTER LEASE PROGRAM TO ENTITIES OF STATE GOVERNMENT FOR THE PURPOSE OF OBTAINING CERTAIN EQUIPMENT, TO REQUIRE THE STATE TREASURER TO NEGOTIATE THE FINANCING TERMS FOR THIS PROGRAM, TO REQUIRE REPAYMENT SCHEDULES UNDER THE PROGRAM TO PROVIDE SUFFICIENT FUNDS TO DEFRAY PROGRAM ADMINISTRATION COSTS, AND TO ALLOW THE OFFICE OF THE STATE TREASURER TO RETAIN THESE FUNDS TO DEFRAY ITS COSTS WITH ANY EXCESS FUNDS AT YEAR-END DEPOSITED TO THE CREDIT OF THE GENERAL FUND OF THE STATE.
ANALYSIS: This act deletes references to the installment purchase program (IPP) administered by the State Treasurer which allowed state agencies to borrow to obtain office equipment, telecommunications equipment, energy conservation equipment, and data processing equipment and related software. This act provides statutory authority for the State Treasurer’s master lease program to assist state agencies with these equipment acquisitions. Further, the act requires the State Treasurer to set repayment schedules in an amount sufficient to produce funds sufficient to cover program administration costs. These funds to cover administrative costs are retained by the State Treasurer with any excess at year-end transferred to the state general fund.
(A287, R364, H5007) Effective: 5/28/02
State retirement; investments; education; Deferred Compensation; third party vendors
TO AMEND CHAPTER 16, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FUNDS OF THE SOUTH CAROLINA RETIREMENT SYSTEMS, BY ADDING ARTICLE 5 SO AS TO ALLOW THE SOUTH CAROLINA RETIREMENT SYSTEMS TO PROVIDE UNBIASED INVESTMENT EDUCATION TO ANY PARTICIPANT IN THE VARIOUS STATE RETIREMENT SYSTEMS AND TO REPEAL SECTION 8-23-115 RELATING TO THE REQUIREMENT OF PROVIDING CONSULTATIVE SERVICES FOR PARTICIPANTS IN THE DEFERRED COMPENSATION PLANS OFFERED BY THE DEFERRED COMPENSATION COMMISSION.
ANALYSIS: This act provides for the offering of unbiased investment education to any participant in the state’s Retirement System, in addition to that offered by any system vendors or companies and deletes the requirement that such consultative services be offered by third party vendors.
(A288, R365, H5060) Effective: 5/28/02
Certain property used in certain offenses involving theft of timber is subject to confiscation and forfeiture; public sale of forfeited property; wood load tickets required for certain sales of timber or wood; exception; penalties
TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES INVOLVING FORGERY, LARCENY, EMBEZZLEMENT, FALSE PRETENSES, AND CHEATS, BY ADDING SECTION 16-13-177 SO AS TO PROVIDE THAT, WHEN CERTAIN OFFENSES INVOLVE TIMBER THEFT IN EXCESS OF FIVE THOUSAND DOLLARS, ALL MOTOR VEHICLES, CONVEYANCES, TRACTORS, TRAILERS, WATERCRAFT, VESSELS, TOOLS, AND EQUIPMENT OF ANY KIND KNOWINGLY USED IN THE COMMISSION OF THE OFFENSE MAY BE CONFISCATED AND FORFEITED TO THE JURISDICTION WHERE THE OFFENSE OCCURRED, TO PROVIDE FOR FORFEITURE PROCEDURES AND THE SALE OF FORFEITED PROPERTY, AND TO PROVIDE FOR THE DISPOSITION OF THE PROCEEDS FROM THE SALE OF FORFEITED PROPERTY; AND TO AMEND CHAPTER 23, TITLE 48, RELATING TO FORESTRY GENERALLY, BY ADDING SECTION 48-23-97 SO AS TO PROVIDE THAT A TIMBER BUYER OR TIMBER OPERATOR PURCHASING TREES, TIMBER, OR WOOD BY THE LOAD MUST FURNISH THE TIMBER GROWER OR SELLER A SEPARATE, TRUE, AND ACCURATE WOOD LOAD TICKET FOR EACH LOAD OF WOOD WITHIN THIRTY DAYS OF COMPLETION OF THE HARVEST, TO PROVIDE EXCEPTIONS TO THE APPLICATION OF THIS SECTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
ANALYSIS: This act provides that when certain offenses involve timber theft in excess of five thousand dollars, certain property knowingly used in the commission of the offense may be confiscated and forfeited to the jurisdiction where the offense occurred, to provide for forfeiture procedures and the sale of forfeited property, and for disposition of proceeds from sales of forfeited property; also provides that timber buyers purchasing trees, timber, or wood by the load must furnish the timber grower or seller a wood load ticket for each load of wood; and provides penalties for violations of this section.
(A289, R373, H4878 Effective: 7/1/02
Appropriations bill
TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 2002; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.
ANALYSIS: This act is the general appropriations act for fiscal year 2002-2003. It provides the appropriations for the operations of state government from July 1, 2002, through June 30, 2003.
(A290, R375, S1167) Effective: 6/3/02
Penn Center and South Carolina Nurses special license plates created
TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLES 35 AND 36, SO AS TO PROVIDE FOR THE ISSUANCE OF “PENN CENTER” SPECIAL LICENSE PLATES, AND “SOUTH CAROLINA NURSES” SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FROM THE ISSUANCE OF BOTH SPECIAL LICENSE PLATES.
ANALYSIS: This act allows the Department of Public Safety to issue both Penn Center and South Carolina Nurses special license plates and provides for the distribution of fees collected from the issuance of both special license plates.
(A291, R376, H3286) Effective: 6/3/02
Banking, service charges on fraudulently drawn checks increased
TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIMA FACIE EVIDENCE OF FRAUDULENT INTENT IN DRAWING CHECKS AND SERVICE CHARGES FOR DRAWING FRAUDULENT CHECKS, SO AS TO INCREASE THE SERVICE CHARGE ON CHECKS OF ONE HUNDRED DOLLARS OR LESS FROM TWENTY-FIVE DOLLARS TO THIRTY DOLLARS.
ANALYSIS: Self explanatory
(A292, R377, H3473) Effective: 6/4/02 without the signature of the Governor
Technical and Comprehensive Education; vocational; technical; commissions; Aiken, Berkeley, Charleston, Dorchester, Chesterfield, Marlboro, Dillon, Florence, Darlington, Horry, Georgetown, Beaufort, Colleton, Hampton, Jasper, Clarendon, Kershaw, Lee, and Sumter Counties
TO AMEND CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING, BY ADDING ARTICLE 19 SO AS TO RENAME THE AIKEN COUNTY COMMISSION FOR TECHNICAL EDUCATION AS THE AIKEN COUNTY COMMISSION FOR TECHNICAL AND COMPREHENSIVE EDUCATION; TO AMEND SECTIONS 59-53-210, 59-53-240, 59-53-410, AS AMENDED, 59-53-510, 59-53-515, 59-53-710, 59-53-810, AS AMENDED, 59-53-910, AND 59-53-1410, ALL RELATING TO THE ESTABLISHMENT OF THE GOVERNING BODIES OF VARIOUS OF THE STATE’S TECHNICAL COLLEGES, SO AS TO CHANGE THE NAMES OF THE GOVERNING BODIES TO REFLECT THE REVISED NAMES OF THE INSTITUTIONS ADMINISTERED BY THESE BOARDS, CONFORM THE PROVISIONS TO LATER ENACTMENTS, CHANGE THE MANNER IN WHICH MEMBERS OF THE AREA COMMISSION FOR TRIDENT TECHNICAL COLLEGE FROM BERKELEY COUNTY ARE RECOMMENDED FOR APPOINTMENT, DELETE OBSOLETE PROVISIONS, AND MAKE GRAMMATICAL CHANGES.
ANALYSIS: This act renames the commissions governing a number of the state’s technical and vocational education institutions, updates language to conform to later enactments as to appointments, and makes grammatical changes.
(A293, R378, H3640) Effective: 6/3/02
Taxes, gasoline, use “C” funds
TO AMEND SECTION 12-28-2740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF “C” FUND GASOLINE TAX REVENUES TO COUNTIES, SO AS TO DELETE OBSOLETE PROVISIONS, PROVIDE FOR THE DISTRIBUTION OF EARNINGS ON THE COUNTY TRANSPORTATION FUND, RAISE FROM ONE TO TWO THOUSAND DOLLARS THE AMOUNT WHICH MAY BE USED FOR THE EXPENSES OF THE COUNTY TRANSPORTATION COMMITTEE, CLARIFY THAT THE DEPARTMENT OF TRANSPORTATION ADMINISTERS ALL FUNDS EXPENDED ON THE STATE HIGHWAY SYSTEM EXCEPT WHERE THE DEPARTMENT OF TRANSPORTATION HAS GIVEN EXPLICIT AUTHORITY TO ADMINISTER THESE FUNDS TO SOME OTHER JURISDICTION OR AGENT ACTING ON BEHALF OF THE COUNTY TRANSPORTATION COMMITTEE, REQUIRE THE TWENTY-FIVE PERCENT OF A COUNTY’S “C” FUNDS WHICH MUST BE USED ON THE STATE HIGHWAY SYSTEM TO BE BASED ON A BIENNIAL AVERAGING OF EXPENDITURES, CLARIFY THE USE OF “C” FUND REVENUES, ELIMINATE BID PREFERENCES NOT REQUIRED BY STATE OR FEDERAL LAW FOR COUNTIES ADMINISTERING THEIR OWN “C” FUNDS, TO LIMIT UNCOMMITTED “C” FUNDS WHICH MAY BE CARRIED FORWARD TO THREE HUNDRED PERCENT OF A COUNTY’S MOST RECENT APPORTIONMENT AND TO DEFINE UNCOMMITTED FUNDS, GIVE THE DEPARTMENT OF TRANSPORTATION AUTHORITY TO ENSURE “C” FUND COMPLIANCE PROVISIONS BY WITHHOLDING OF “C” FUND ALLOCATIONS AND FORFEITURE OF FIFTY PERCENT OF ALLOCATIONS, AND TO PROVIDE FOR APPEALS OF SUCH WITHHOLDING OR FORFEITURE.
ANALYSIS: This act is self explanatory except to note the following:
(1) Earnings on the County Transportation Fund must be added to each county’s portion of this entire fund;
(2) The obsolete provisions deleted refer to distributions of “C” fund revenue for 1997 only;
(3) Clarifies that the portion of “C” funds not expended on the state highway system may include “other road and bridge projects;”
(4) The limitations on carry forward of uncommitted “C” funds to three hundred percent of the county’s most recent allocation gives rise to a definition of “uncommitted funds” as those funds held in a county’s “C” fund account that have not been designated for a specific project.
(A294, R379, H3749) Effective: 6/17/02
Additional Vietnam era claims representative within the Division of Veterans Affairs; duties
TO PROVIDE FOR AN ADDITIONAL CLAIMS REPRESENTATIVE IN THE DIVISION OF VETERANS AFFAIRS, OFFICE OF THE GOVERNOR, TO SPECIALIZE IN THE SPECIFIC NEEDS AND DISEASES ASSOCIATED WITH VETERANS OF THE VIETNAM ERA, TO REPRESENT THE DIVISION OF VETERANS AFFAIRS ON THE SOUTH CAROLINA AGENT ORANGE ADVISORY COUNCIL AND ON THE HEPATITIS C COALITION ESTABLISHED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO ASSIST THE DIVISION OF VETERANS AFFAIRS IN CARRYING OUT ITS DUTIES IN CONNECTION WITH THE AGENT ORANGE INFORMATION AND ASSISTANCE PROGRAM, TO REPRESENT THE DIRECTOR IN CONNECTION WITH FUNCTIONS RELATING TO VIETNAM VETERANS, AND TO PERFORM OTHER DUTIES AS ASSIGNED.
ANALYSIS: This act provides for an additional claims representative in the Division of Veterans Affairs, Office of the Governor, specializing in the specific needs and diseases associated with veterans of the Vietnam era, and prescribes certain duties relating to the South Carolina Agent Orange Advisory Council, the Hepatitis C Coalition, the Agent Orange Information and Assistance Program, functions relating to Vietnam veterans, and the performance of other duties as assigned.
(A295, R380, H3905) Effective: 6/3/02
Courts, certain fines, fees, etc. may be paid by credit or debit card, procedure for deposit of money by incarcerated person
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-214 SO AS TO AUTHORIZE THE PAYMENT OF FINES, FEES, ASSESSMENTS, COURT COSTS, AND SURCHARGES IN CIRCUIT COURT, FAMILY COURT, MAGISTRATE’S COURT, AND MUNICIPAL COURT BY CREDIT CARD OR DEBIT CARD AND TO IMPOSE A SEPARATE FEE FOR THE ACCEPTANCE OF PAYMENT BY CREDIT CARD; AND TO AMEND SECTION 22-5-530, RELATING TO AN ACCUSED TO BE TRIED BEFORE A MAGISTRATE BEING ENTITLED TO DEPOSIT MONEY IN LIEU OF RECOGNIZANCE, SO AS TO PROVIDE THAT A PERSON HELD OR INCARCERATED IN A JAIL OR DETENTION CENTER WHO IS ENTITLED TO DEPOSIT A SUM OF MONEY IN LIEU OF ENTERING INTO RECOGNIZANCE UNDER THIS SECTION MAY SECURE HIS IMMEDIATE RELEASE FROM CUSTODY BY PAYING TO OR DEPOSITING THE SUM OF MONEY REQUIRED BY THIS SECTION WITH THE JAIL OR DETENTION FACILITY IN WHICH HE IS BEING HELD, AND TO PROVIDE THAT MONEY PAID TO A JAIL OR DETENTION FACILITY UNDER THE AUTHORITY OF THIS SECTION IS DEEMED PAID TO THE MAGISTRATE OR MUNICIPAL JUDGE IN LIEU OF ENTERING INTO RECOGNIZANCE AND MUST BE ACCOUNTED FOR AND PAID OVER TO THE MAGISTRATE OR MUNICIPAL JUDGE BY THE JAIL OR DETENTION FACILITY FOR DISPOSITION ACCORDING TO LAW.
ANALYSIS: Section 1 of this act adds Section 14-1-214 to the Code of Laws to authorize clerks of court, magistrates, and municipal judges to accept payment by credit or debit card to pay a fine, fee, assessment, court cost or surcharge. The court is authorized to collect a fee for processing this payment. A service charge may be collected if the payment is not honored. Subsection (D) of this section stipulates under which conditions the payment by credit or debit card may be refused.
Section 2 of this act amends Section 22-5-530 of the Code to establish a procedure by which a person who is incarcerated may be released from custody by paying or depositing the money with the jail or detention facility in which he is being held. The money paid is deemed to be paid with the magistrate or municipal judge in lieu of entering into recognizance. The money must be accounted for and paid over to the magistrate or municipal judge by the jail or detention facility for disposition according to law.
(A296, R381, H3959) Effective: 6/3/02
Special restricted and route restricted driver’s licenses, restrictions revised; unlawful passing of a school bus, concurrent jurisdiction established
TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON’S DRIVER’S LICENSE, AND THE PERIOD OF SUSPENSION, SO AS TO PROVIDE THAT A PERSON WHO MUST COMPLETE AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM AS A CONDITION OF REINSTATEMENT OF HIS DRIVING PRIVILEGES MAY USE A ROUTE RESTRICTED OR SPECIAL RESTRICTED DRIVER’S LICENSE TO ATTEND ALCOHOL AND DRUG SAFETY ACTION PROGRAM CLASSES IN ADDITION TO THE OTHER PERMITTED USES OF EITHER DRIVER’S LICENSE; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON’S DRIVER’S LICENSE FOR EITHER HIS REFUSAL TO SUBMIT TO TESTING FOR CERTAIN LEVELS OF ALCOHOL CONCENTRATION OR FOR OPERATING A VEHICLE WITH CERTAIN UNLAWFUL ALCOHOL CONCENTRATIONS, AND THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER’S LICENSE, SO AS TO PROVIDE THAT THE SPECIAL RESTRICTED DRIVER’S LICENSE WHOSE SUSPENSION IS UPHELD AT AN ADMINISTRATIVE HEARING SHALL PERMIT THE HOLDER OF THE DRIVER’S LICENSE TO DRIVE TO AND FROM HIS ALCOHOL AND DRUG SAFETY ACTION PROGRAM CLASSES, TO REVISE THE CONDITIONS UPON WHICH A SPECIAL RESTRICTED DRIVER’S LICENSE MAY BE ISSUED, TO PROVIDE THAT A HOLDER OF A SPECIAL RESTRICTED DRIVER’S LICENSE WHOSE STATUS OF ATTENDANCE OF ALCOHOL AND DRUG SAFETY ACTION PROGRAM CLASSES HAS CHANGED, MUST REPORT THE CHANGE IN STATUS TO THE DEPARTMENT OF PUBLIC SAFETY, AND TO PROVIDE THAT A SPECIAL RESTRICTED DRIVER’S LICENSE ISSUED TO A PERSON WHO DOES NOT REQUEST AN ADMINISTRATIVE HEARING SHALL PERMIT THE DRIVER’S LICENSE HOLDER TO DRIVE TO AND FROM HIS PLACE OF EDUCATION, IN THE COURSE OF HIS EMPLOYMENT OR EDUCATION, AND TO AND FROM HIS ALCOHOL AND DRUG SAFETY ACTION PROGRAM CLASSES; AND TO AMEND SECTION 56-5-2780, RELATING TO PENALTIES THAT MAY BE IMPOSED UPON A PERSON WHO UNLAWFULLY MEETS OR PASSES A SCHOOL BUS, SO AS TO PROVIDE THAT A FIRST OFFENSE VIOLATION OF THIS PROVISION MAY BE TRIED IN MAGISTRATE’S COURT.
ANALYSIS: This act allows a person issued a route restricted or a special restricted driver’s license under certain circumstances to drive to and from Alcohol and Drug Safety Action Program classes, to and from work, and his place of education. It also requires a person whose status of attendance of Alcohol and Drug Safety Action Program classes has changed to report the change in status to the Department of Public Safety. It also allows a person charged with first offense unlawful passing of a school bus to be tried in magistrate’s court.
(A297, R383, H4386) Effective: 6/3/02
Taxation, property, personal representative may claim refunds; homestead exemption
TO AMEND SECTION 12-37-252, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL PROPERTY ELIGIBLE FOR THE HOMESTEAD EXEMPTION ALLOWED PROPERTY OWNERS SIXTY-FIVE YEARS OF AGE AND OLDER OR PERMANENTLY AND TOTALLY DISABLED, OR LEGALLY BLIND, AND THE ACCOMPANYING FOUR PERCENT ASSESSMENT RATIO APPLICABLE TO SUCH A HOMESTEAD FOR PROPERTY TAX PURPOSES, SO AS TO PROVIDE THAT THE PERSONAL REPRESENTATIVE OF THE ESTATE OF A DECEASED TAXPAYER IS DEEMED THE AGENT OF THE DECEASED TAXPAYER FOR ALL PURPOSES OF APPLYING FOR THE ASSESSMENT RATIO AND EXEMPTION AND ANY CLAIM FOR REFUND ARISING THEREUNDER, TO CLARIFY THAT A REFUND MAY BE CLAIMED FOR THE PRECEDING TAX YEAR WHEN A TAXPAYER OVERPAYING A RESIDENCE ASSESSMENT AT FOUR PERCENT FAILED TO APPLY FOR THE HOMESTEAD EXEMPTION AND TO ALLOW THESE APPLICATIONS AND CLAIMS FOR REFUND FOR PROPERTY TAX YEARS BEGINNING AFTER 2000.
ANALYSIS: This act allows the personal representative of a deceased property taxpayer to file a claim for refund on behalf of the decedent’s estate for property tax over payments made by the deceased taxpayer because the deceased taxpayer had failed to apply for the homestead exemption and the four percent assessment ratio on the deceased taxpayer’s personal residence. Under prior law, claims for refund has to be filed by the overpaying taxpayer. The property tax years that are open for these claims are those open to the taxpayer immediately before the taxpayer’s death. This act further clarifies that a taxpayer who applies for the homestead exemption and was eligible for that exemption for prior tax years may be certified for the exemption beginning for the current payment tax year and the preceding property tax year, thus giving rise to a claim for refund.
(A298, R384, H4514) Effective: 6/3/02
Time for certification as a law enforcement officer extended for candidates performing military service within one year of date of employment; retired law enforcement officers meeting certain qualifications to be issued certified law enforcement certificates
TO AMEND SECTION 23-6-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT IN ADDITION TO EXCEPTIONS TO THE ONE-YEAR RULE PROVIDED IN THIS SECTION, THE PERIOD OF TIME WITHIN WHICH A CANDIDATE MUST OBTAIN THE CERTIFICATION REQUIRED TO BECOME A LAW ENFORCEMENT OFFICER IS AUTOMATICALLY EXTENDED FOR AN ADDITIONAL PERIOD EQUAL TO THE TIME THE CANDIDATE PERFORMED ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING AS A MEMBER OF THE NATIONAL GUARD, THE STATE GUARD, OR A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES, PLUS NINETY DAYS; AND TO AMEND SECTION 23-6-445, RELATING TO CERTIFICATES AS A LAW ENFORCEMENT OFFICER BEING ISSUED TO CERTAIN RETIRED LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT A RETIRED SOUTH CAROLINA OR FEDERAL LAW ENFORCEMENT OFFICER WHO MEETS CERTAIN QUALIFICATIONS MUST BE ISSUED A CERTIFICATE AUTHORIZING HIM TO SERVE AS A CERTIFIED LAW ENFORCEMENT OFFICER.
ANALYSIS: Amends Section 23-6-430 to provide that the period of time within which a candidate must obtain the certification required to become a law enforcement officer is automatically extended for an additional period equal to the time the candidate performed active duty or active duty for training as a member of the National Guard, the State Guard, or a reserve component of the armed forces of the United States, plus ninety days; and amends Section 23-6-445 to provide that retired South Carolina or federal law enforcement officers who meet certain qualifications must be issued a certificate authorizing them to serve as a certified law enforcement officer.
A299, R386, H4701) Effective: 6/3/02
The Citadel, security for athletic facilities bonds
TO AMEND SECTIONS 59-121-310, 59-121-350, AND 59-121-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CITADEL ATHLETIC FACILITIES BONDS AND THE REVENUE WHICH THE CITADEL MAY PLEDGE AS SECURITY FOR THESE BONDS, SO AS TO CLARIFY THAT THE CITADEL MAY PLEDGE THE PROCEEDS OF THE ADMISSIONS FEES AND THE SPECIAL STUDENT FEES AS SECURITY FOR THESE BONDS WITHOUT PLEDGING THE REVENUE DERIVED FROM THE OPERATION OF THE ATHLETIC DEPARTMENT, AND TO MAKE TECHNICAL CORRECTIONS.
ANALYSIS: Code Sections 59-121-310, 59-121-350, and 59-121-440 of the 1976 Code relate to Citadel athletic facilities bonds and the revenue which The Citadel may pledge as security for these bonds. This act provides that The Citadel may pledge the proceeds of the admissions fees and special student fees as security for these bonds without pledging the revenue derived from the operation of the athletic department.
(A300, R387, H4852) Effective: 6/3/02
Insurance; exempt commercial policies
TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED WITH RESPECT TO INSURANCE IN TITLE 38, SO AS TO EXPAND THE MEANING OF “EXEMPT COMMERCIAL POLICIES”; TO AMEND SECTIONS 38-73-340 AND 38-73-520, BOTH RELATING TO REQUIRING INSURERS TO FILE RATES AND RATING SCHEDULES AND PLANS, SO AS TO EXEMPT COMMERCIAL POLICIES FROM THIS REQUIREMENT.
ANALYSIS: This act expands the definition of “exempt commercial policies” and exempts commercial policies from requiring insurers to file rates and rating schedules and plans.
(A301, R389, H4894) Effective: 6/3/02
Commercial motor vehicle registration, additional information required of applicant; procedures to suspend, revoke, and not issue a registration card and license plate established for commercial motor vehicles operating with an apportioned license plate; Class E Certificate of Compliance required for certain for-hire motor carriers; Department of Public Safety identifier fee; Department of Public Safety base-state registration agreements; repeal of Department of Revenue’s issuance of Class E Certificates of Compliance; identifiers, and ability to enter into base-state registration agreements
TO AMEND SECTION 56-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTENTS OF A MOTOR VEHICLE REGISTRATION APPLICATION, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST BE PROVIDED CERTAIN ADDITIONAL INFORMATION FOR COMMERCIAL MOTOR VEHICLES THAT ARE GREATER THAN TWENTY-SIX THOUSAND POUNDS; BY ADDING SECTION 56-3-355 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST SUSPEND, REVOKE, OR NOT ISSUE A REGISTRATION CARD AND LICENSE PLATE FOR CERTAIN COMMERCIAL MOTOR VEHICLES IF THE MOTOR VEHICLE CARRIER WHO IS RESPONSIBLE FOR THE SAFETY OF THE VEHICLE HAS BEEN PROHIBITED FROM OPERATING BY A FEDERAL AGENCY, TO PROVIDE THAT THE REGISTRANT MUST SURRENDER AN ITEM SUSPENDED OR REVOKED UNDER THIS SECTION, TO PROVIDE THAT THE DEPARTMENT SHALL TAKE POSSESSION OF A SUSPENDED OR REVOKED LICENSE PLATE AND REGISTRATION CARD UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FOR THE REISSUANCE OF A REGISTRATION CARD AND LICENSE PLATE, TO PROVIDE A REINSTATEMENT FEE, AND TO PROVIDE FOR THE DISBURSEMENT OF THE REINSTATEMENT FEE; TO AMEND ARTICLE 5, CHAPTER 3, TITLE 56, RELATING TO VEHICLE REGISTRATION AND LICENSE FEES, BY ADDING SECTIONS 56-3-661, 56-3-662, AND 56-3-663 SO AS TO PROVIDE THAT NO FOR-HIRE MOTOR VEHICLE CARRIER OF PROPERTY, EXCEPT CARRIERS OF HOUSEHOLD GOODS OR HAZARDOUS WASTE FOR DISPOSAL, MAY OPERATE WITHOUT A CLASS E CERTIFICATE OF COMPLIANCE ISSUED BY THE DEPARTMENT OF PUBLIC SAFETY, WHOSE FEE IS TWENTY-FIVE DOLLARS, WHICH MAY NOT BE ISSUED OR MAY BE SUSPENDED, REVOKED, OR PLACED ON PROBATIONARY STATUS UNLESS THE APPLICANT PROVIDES CERTAIN EVIDENCE TO THE DEPARTMENT, TO PROVIDE THAT THE DEPARTMENT IS AUTHORIZED TO PROMULGATE REGULATIONS TO IMPLEMENT THIS PROVISION, TO PROVIDE THAT THE HOLDER OF A CLASS E CERTIFICATE MAY NOT BE SUBJECT TO CERTAIN STATE OR LOCAL LICENSE FEES, LICENSE TAXES, OR MOTOR OIL FEES, TO PROVIDE THAT THE DEPARTMENT SHALL CHARGE A FEE FOR EACH IDENTIFIER THAT MUST BE USED BY THE DEPARTMENT FOR CERTAIN ADMINISTRATION, ENFORCEMENT, CONSTRUCTION, AND RENOVATION PURPOSES, TO PROVIDE THAT THE DEPARTMENT IS AUTHORIZED TO ENTER INTO RECIPROCAL AGREEMENTS WITH REGULATORY AGENCIES OF OTHER STATES HAVING JURISDICTION AND AUTHORITY OVER MOTOR CARRIERS TO PROVIDE FOR BASE-STATE AGREEMENTS IN WHICH THE REGISTRATION OF INTERSTATE CARRIERS OPERATING IN PARTICIPATING STATES MAY BE ACCOMPLISHED BY REGISTRATION IN ONE BASE STATE; AND TO REPEAL SECTIONS 58-23-350, 58-23-640, AND 58-23-650, RELATING TO THE REQUIREMENT THAT CERTAIN FOR-HIRE MOTOR VEHICLE CARRIERS MAY NOT OPERATE WITHOUT A CLASS E CERTIFICATE OF COMPLIANCE FROM THE DEPARTMENT OF REVENUE, THE DEPARTMENT OF REVENUE’S IDENTIFIER FEE, AND THE DEPARTMENT OF REVENUE’S AUTHORITY TO ENTER INTO RECIPROCAL AGREEMENTS WITH REGULATORY AGENCIES OF OTHER STATES HAVING JURISDICTION AND AUTHORITY OVER MOTOR CARRIERS TO PROVIDE FOR BASE-STATE AGREEMENTS IN WHICH THE REGISTRATION OF INTERSTATE CARRIERS OPERATING IN PARTICIPATING STATES MAY BE ACCOMPLISHED BY REGISTRATION IN ONE BASE STATE.
ANALYSIS: Self explanatory
(A302, R390, H4912) Effective: 6/3/02
Environmental Systems Operator certification and licensure; bottled water class operator requirements
TO AMEND SECTION 40-23-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS ENVIRONMENTAL SYSTEMS OPERATOR CERTIFICATION AND LICENSURE CLASSIFICATIONS AND QUALIFICATIONS, SO AS TO INCLUDE REQUIREMENTS FOR LICENSURE AS A BOTTLED WATER CLASS OPERATOR.
ANALYSIS: This act establishes requirements to be licensed as a Bottled Water Class Operator. This licensure requires a high school education and successfully passing an examination.
(A303, R392, H5063) Effective: 6/3/02
Official state tartan
TO AMEND ARTICLE 9, CHAPTER 1 OF TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFICIAL STATE EMBLEMS, BY ADDING SECTION 1-1-703 SO AS TO DESIGNATE THE CAROLINA TARTAN AS THE OFFICIAL TARTAN OF THE STATE OF SOUTH CAROLINA.
ANALYSIS: Self explanatory
(A304, R397, S320) Effective: 6/5/02
Proceeds from sale of Operation Game Thief paraphernalia; expenditure of funds from the Operation Game Thief Program; Property Watch Program; Coastal Watch Program; programs within the Operation Game Thief Program
TO AMEND SECTION 50-11-2300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUNDING OF THE OPERATION GAME THIEF PROGRAM, SO AS TO PROVIDE FOR ADDITIONAL FUNDING FROM THE SALE OF OPERATION GAME THIEF PARAPHERNALIA AND TO AMEND SECTION 50-11-2310, RELATING TO PURPOSES FOR WHICH PROGRAM FUNDS MAY BE EXPENDED, SO AS TO PROVIDE FOR REWARD PAYMENTS FOR INFORMATION LEADING TO THE ARREST OF PERSONS FOR VIOLATIONS OF NATURAL RESOURCE LAWS, AND TO PROVIDE THAT PROGRAM FUNDS MAY BE EXPENDED FOR OPERATIONAL IMPROVEMENTS TO THE “PROPERTY WATCH PROGRAM”, THE “COASTAL WATCH PROGRAM”, AND OTHER PROGRAMS WITHIN THE OPERATION GAME THIEF PROGRAM AND TO ENHANCE PUBLIC INVOLVEMENT IN THE PROTECTION OF NATURAL RESOURCES.
ANALYSIS: This act amends Section 50-11-2300 so as to provide for additional funding from the sale of operation game thief paraphernalia; and amends Section 50-11-210 so as to provide for reward payments for information leading to the arrest of persons for violations of natural resource laws, and provides that program funds may be expended for operational improvements to the “Property Watch Program”, the “Coastal Watch Program”, and other programs within the Operation Game Thief Program and to enhance public involvement in the protection of natural resources.
(A305, R398, S634) Effective: 6/5/02
Motor Vehicle Division, Selective Service Registration
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-305 SO AS TO PROVIDE THAT UPON RECEIVING PROPER AUTHORITY FROM THE UNITED STATES GOVERNMENT, THE MOTOR VEHICLES DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY SHALL PROVIDE SELECTIVE SERVICE REGISTRATION FOR CERTAIN INDIVIDUALS AT THE TIME IT ISSUES, RENEWS, OR PROVIDES A DUPLICATE COPY OF A DRIVER’S LICENSE OR IDENTIFICATION CARD, AND TO PROVIDE THAT THE MOTOR VEHICLES DIVISION MUST INCLUDE CERTAIN INFORMATION IN AN APPLICATION FOR A DRIVER’S LICENSE OR IDENTIFICATION CARD THAT INFORMS THE APPLICANT THAT SUBMISSION OF THE APPLICATION SERVES AS CONSENT TO BE REGISTERED WITH THE SELECTIVE SERVICE UNDER CERTAIN CIRCUMSTANCES.
ANALYSIS: This act provides that certain male individuals who apply for or renew a driver’s license or identification card or apply for a duplicate driver’s license or identification card must be registered for the United States Selective Service when they submit their application to the Motor Vehicles Division.
(A306, R399, S668) Effective: 6/5/02
Employment security law, revisions, corrections
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-27-235 SO AS TO ALLOW NATIVE AMERICAN TRIBES THE OPTION OF ELECTION AS A REIMBURSABLE EMPLOYER FOR PURPOSES OF THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW; TO AMEND SECTION 41-27-210, RELATING TO THE DEFINITION OF “EMPLOYER”, SO AS TO EXTEND THE DEFINITION TO ANY NATIVE AMERICAN TRIBE AND ANY EMPLOYING UNIT REQUIRED TO PAY THE FEDERAL UNEMPLOYMENT TAX; TO AMEND SECTION 41-27-260, AS AMENDED, RELATING TO THE DEFINITION OF “EMPLOYMENT”, SO AS TO EXTEND THE DEFINITION TO AN APPOINTED SUCCESSOR TO AN ELECTED OFFICIAL AND ADD AN EXEMPTION DEFINITION PERTAINING TO NATIVE AMERICANS; TO AMEND SECTION 41-31-40, AS AMENDED, RELATING TO AN EMPLOYER’S BASE RATE COMPUTATION PERIOD, SO AS TO EXPERIENCE RATE NEW EMPLOYERS AFTER TWELVE MONTHS AT THE NEXT ANNUAL RATING FOLLOWING THE YEAR IN WHICH THEY REACH THEIR TWELVE MONTH EXPERIENCE STATUS; TO AMEND SECTION 41-31-60, AS AMENDED, RELATING TO THE EMPLOYER DELINQUENT REPORT PENALTY, SO AS TO REDUCE THIS PENALTY; TO AMEND SECTION 41-31-110, AS AMENDED, RELATING TO THE SUCCESSOR RATING PERIOD, SO AS TO REDUCE THE RATING PERIOD TO ONCE A YEAR; TO AMEND SECTION 41-31-160, RELATING TO CONTRIBUTION REPORTS, SO AS TO REQUIRE ELECTRONIC CONTRIBUTION AND WAGE REPORTS FOR EMPLOYERS REPORTING TWO HUNDRED FIFTY OR MORE EMPLOYEES IN 2003 AND EMPLOYERS REPORTING ONE HUNDRED OR MORE EMPLOYEES IN 2005; AND TO AMEND SECTION 41-33-80, RELATING TO THE UNEMPLOYMENT TRUST FUND, SO AS TO CORRECT A REFERENCE.
ANALYSIS: This act amends and adds provisions to employment security law addressing Native American tribes or tribal units in order to comply with the Federal Community Renewal Tax Relief Act of 2001. It provides that an employer covered under the Federal Unemployment Tax Act (FUTA) in another state would be automatically liable for unemployment insurance taxes in this State. This act claries the status of an appointed successor of an elected official for the purposes of administration of the state’s unemployment insurance law. Further, amendments reduce the number of tax rate calculations for new employers completing their probationary period and reduce the probationary period from twenty-four to twelve months, assign penalty rates in the same manner for both delinquent reports and unpaid taxes, and require employers with two-hundred fifty or more employees to submit wage data in an electronic medium.
(A307, R401, S1085) Effective: 6/5/02
Board of Law Examiners revisions; citizen defense of another’s cause deleted
TO AMEND SECTION 40-5-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF LAW EXAMINERS, SO AS TO REVISE CERTAIN QUALIFICATIONS OF MEMBERS OF THE BOARD AND PROVIDE THAT THE MEMBERSHIP, TERMS, AND DUTIES OF THE BOARD SHALL BE AS SET BY THE SUPREME COURT EXCEPT THAT AT LEAST ONE MEMBER OF THE BOARD FROM EACH CONGRESSIONAL DISTRICT MUST BE APPOINTED BY THE SUPREME COURT; AND TO AMEND SECTION 40-5-80, RELATING TO CITIZENS NOT PREVENTED FROM PROSECUTING OR DEFENDING THEIR OWN CAUSE OR THE CAUSE OF ANOTHER, SO AS TO DELETE THE AUTHORITY OF A CITIZEN TO DEFEND THE CAUSE OF ANOTHER UNDER CERTAIN CONDITIONS.
ANALYSIS: This act provides that State Board of Law Examiners shall be appointed by the Supreme Court and shall have such duties as the court shall prescribe. The number of members of the board and the terms of the members shall be set by the Supreme Court. To be eligible for appointment to the board, a person must be actively engaged in the practice of law in South Carolina and must have been an active member of the South Carolina Bar for at least seven years. At least one member from each congressional district must be appointed by the Supreme Court.
The act also amends Section 40-5-80 of the 1976 Code by deleting the authority of a citizen to defend the cause of another.
(A308, R402, S1087) Effective: 6/5/02
Veterans discharge records; records on file with clerk of court are not public information
TO AMEND SECTION 30-15-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING A CERTIFIED COPY OF A VETERAN’S REGISTERED DISCHARGE, SO AS TO PROVIDE THAT A DD 214 OR OTHER DISCHARGE RECORD FILED WITH THE CLERK OF COURT IS NOT A PUBLIC RECORD AND IS NOT SUBJECT TO INSPECTION OR DISCLOSURE; TO MAKE IT UNLAWFUL TO DISCLOSE INFORMATION CONTAINED IN THE RECORD; TO ENUMERATE WHO MAY EXAMINE OR OBTAIN A COPY OF SUCH RECORD; TO PROHIBIT THESE RECORDS FROM BEING USED FOR COMMERCIAL PURPOSES; AND TO PROHIBIT A PERSON WHO IS AUTHORIZED TO OBTAIN THIS INFORMATION FROM DISSEMINATING OR DISCLOSING SUCH INFORMATION.
ANALYSIS: Self explanatory
(A309, R406, S1226) Effective: 6/5/02
Section 50-11-1280 repealed
TO REPEAL SECTION 50-11-1280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON SHOOTING PRESERVES IN GAME ZONES 7 AND 9.
ANALYSIS: This act repeals Section 50-11-1280.
(A310, R407, H3309) Effective: 6/5/02
Higher Education Campus Sexual Assault Information Act and Sex Crimes Prevention; hazing
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 105 TO TITLE 59 SO AS TO ENACT THE “SOUTH CAROLINA CAMPUS SEXUAL ASSAULT INFORMATION ACT” WHICH REQUIRES INSTITUTIONS OF HIGHER LEARNING TO DEVELOP, PUBLISH, AND IMPLEMENT POLICIES AND PRACTICES TO PROMOTE PREVENTION, AWARENESS, AND REMEDIES FOR CAMPUS SEXUAL ASSAULT; TO AMEND TITLE 59, BY ADDING CHAPTER 106 SO AS TO ENACT THE “SOUTH CAROLINA CAMPUS SEX CRIMES PREVENTION ACT” WHICH PROVIDES THAT EACH INSTITUTION OF HIGHER EDUCATION MUST INCLUDE A STATEMENT IN THEIR ANNUAL SECURITY REPORT WHICH ADVISES WHERE LAW ENFORCEMENT INFORMATION MAY BE OBTAINED CONCERNING REGISTERED SEX OFFENDERS; TO AMEND SECTION 23-3-460, AS AMENDED, RELATING TO REGISTRATION OF SEX OFFENDERS, SO AS TO REQUIRE OFFENDERS WHO ARE ENROLLED AT, EMPLOYED BY, OR CARRYING ON A VOCATION AT AN INSTITUTION OF HIGHER EDUCATION TO PROVIDE CERTAIN WRITTEN NOTICE OF A CHANGE IN STATUS; TO AMEND SECTION 16-3-510, AS AMENDED, RELATING TO UNLAWFUL HAZING WHILE INITIATING OR ADMITTING PERSONS INTO CERTAIN ORGANIZATIONS AND ENTITIES, SO AS TO REVISE THE ORGANIZATIONS AND ENTITIES TO WHICH THE SECTION APPLIES; AND TO ADD SECTION 59-63-275 SO AS TO PROHIBIT HAZING AT ALL PUBLIC EDUCATION INSTITUTIONS AND TO DEFINE HAZING FOR THIS PURPOSE.
ANALYSIS: This act first enacts the South Carolina Campus Sexual Assault Information Act. Under this act, each institution of higher learning must establish and implement a written campus sexual assault policy regarding at least:
(1) the institution’s campus sexual assault programs, aimed at prevention and awareness of sexual assaults; and
(2) the procedures followed by the institution once a sexual assault occurs and is reported. Each institution of higher learning must distribute to students, faculty, and staff the written campus sexual assault policy by printing the policy in one or more of the institution’s publications made widely available to students, such as the institution’s catalog, student handbook, or staff handbook.
This act next enacts the South Carolina Campus Sex Crimes Prevention Act wherein each institution of higher education must include a statement in their annual security report which advises the campus community where law enforcement information concerning registered sex offenders may be obtained, such as the law enforcement office of the institution, a local law enforcement agency with jurisdiction for the campus, or a computer network address.
The act next amends provisions of law requiring the registration of sex offenders by providing that any person required to register and who is employed by, enrolled at, or carries on a vocation at an institution of higher education must provide written notice within ten days of each change in enrollment, employment, or vocation status at an institution of higher education in this State.
The act next provides that hazing at all public education institutions is prohibited. Hazing means the wrongful striking, laying open hand upon, threatening with violence, or offering to do bodily harm by a superior student to a subordinate student with intent to punish or injure the subordinate student, or other unauthorized treatment by the superior student of a subordinate student of a tyrannical, abusive, shameful, insulting, or humiliating nature. In addition it further amends existing hazing provisions relating to such things as initiations by providing that it is unlawful for a person to intentionally or recklessly engage in acts which have a foreseeable potential for causing physical harm to a person for the purpose of initiation or admission into or affiliation with a chartered or nonchartered student, fraternal, or sororal organization.
(A311, R408, H3324) Effective: 6/5/02
Advisory Commission on Intergovernmental Relations and Motor Vehicle Management Council repealed
TO REPEAL CHAPTER 27, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS; TO AMEND SECTION 1-11-250, RELATING TO DEFINITIONS IN REGARD TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT, SO AS TO DELETE THE DEFINITION OF THE MOTOR VEHICLE MANAGEMENT COUNCIL; TO AMEND SECTION 1-11-260, RELATING TO POLICIES AND PROCEDURES OF THE DIVISION OF MOTOR VEHICLE MANAGEMENT, SO AS TO DELETE REFERENCES TO THE MOTOR VEHICLE MANAGEMENT COUNCIL, AND TO REPEAL SECTIONS 1-11-230 AND 1-11-240 RELATING TO THE MOTOR VEHICLE MANAGEMENT COUNCIL.
ANALYSIS: Self explanatory
(A312, R410, H3851) Effective: 6/5/02
Taxation; accommodations tax; local tax; county; municipality; tourism
TO AMEND SECTION 6-1-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVENUE GENERATED BY THE LOCAL ACCOMMODATIONS TAX, SO AS TO ALSO REQUIRE THEIR USE FOR OTHER TOURISM-RELATED LANDS AND WATER ACCESS; TO AMEND SECTION 6-4-5, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF ALLOCATION OF THE LOCAL ACCOMMODATIONS TAX, SO AS TO DELETE A REFERENCE TO THE STATE TAX OVERSIGHT COMMITTEE AND TO DELETE THE DEFINITION FOR “TOURIST”; AND TO AMEND SECTION 6-4-25, RELATING TO ADVISORY COMMITTEES TO RECOMMEND EXPENDITURE OF ACCOMMODATIONS TAX REVENUE, SO AS TO REQUIRE APPOINTMENT OF THE COMMITTEE BY A MUNICIPALITY OR COUNTY RECEIVING MORE THAN FIFTY THOUSAND DOLLARS, INSTEAD OF TWENTY-FIVE THOUSAND DOLLARS.
ANALYSIS: This act provides for use of revenues from the local accommodations tax for tourism related lands and water access, deletes a definition for “tourist” in reference to the accommodations tax, and requires appointment of an advisory committee by a local government receiving more than fifty thousand dollars, instead of twenty-five thousand dollars.
(A313, R412, H4180) Effective: 6/6/02 without the signature of the Governor
Insurance, funding of preneed funeral contracts; annuities, temporary interest rates provided for prospective sales contracts of certain annuities
TO AMEND SECTION 38-55-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUNERAL DIRECTORS ACTING AS AGENTS FOR LIFE INSURERS FOR FUNDING PRENEED FUNERAL CONTRACTS, SO AS TO DELETE THE PROVISION REQUIRING THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE TO VERIFY THAT SUCH AN INSURANCE POLICY IS CONSISTENT WITH STATUTORY REQUIREMENTS FOR PRENEED FUNERAL CONTRACTS; AND TO PROVIDE TEMPORARY PROVISIONS RELATING TO MINIMUM VALUES OF ANY PAID UP ANNUITY, CASH SURRENDER, OR DEATH BENEFITS AVAILABLE UNDER CERTAIN ANNUITIES.
ANALYSIS: This act deletes the provision requiring the Board of Funeral Service to verify that a life insurance policy funding a preneed funeral contract complies with state law concerning these contracts before such a policy can be marketed in this State. Additionally, through June 1, 2004, the act provides revised minimum values of a paid up annuity, cash surrender, or death benefits available under certain annuities.
(A314, R413, H4909) Effective: 6/4/02
Pharmacy Practice Act; prescription labeling for generic drugs; dispensing trial drugs; pharmacy technician registration, certification, and continuing education requirements; permit and license renewal requirements
TO AMEND SECTION 39-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR DRUG PRESCRIPTIONS AUTHORIZING SUBSTITUTION OF A GENERIC DRUG, SO AS TO AUTHORIZE A PHARMACIST TO MAINTAIN GENERIC SUBSTITUTION RECORDS ELECTRONICALLY AND TO CONFORM THESE PROVISIONS TO OTHER GENERIC SUBSTITUTION PROVISIONS; TO AMEND SECTION 40-43-30, RELATING TO DEFINITIONS OF TERMS USED IN THE PHARMACY PRACTICE ACT, SO AS TO DEFINE “CERTIFIED PHARMACY TECHNICIAN”; TO AMEND SECTION 40-43-60, AS AMENDED, RELATING TO, AMONG OTHER THINGS, AUTHORIZATION OF A HEALTH CARE PRACTITIONER DISPENSING DRUGS THAT THE PRACTITIONER OWNS, SO AS TO ALSO AUTHORIZE A PRACTITIONER TO DISPENSE A COMPLIMENTARY TRIAL SUPPLY OF DRUGS OWNED BY THE PRACTITIONER OR AN INSTITUTION AUTHORIZED TO POSSESS MEDICATIONS; TO AMEND SECTION 40-43-82, AS AMENDED, RELATING TO REGISTRATION QUALIFICATIONS FOR PHARMACY TECHNICIANS, SO AS TO REVISE THESE QUALIFICATIONS AND TO FURTHER SPECIFY APPLICATION AND RENEWAL PROCEDURES; TO AMEND SECTION 40-43-86, AS AMENDED, RELATING TO VARIOUS PHARMACY FACILITY AND PRACTICE REQUIREMENTS, SO AS TO PROVIDE THAT IN PROVIDING ADEQUATE STAFFING, A PHARMACIST-IN-CHARGE IS NOT REQUIRED TO EMPLOY CERTIFIED PHARMACY TECHNICIANS, TO PROVIDE THAT EMERGENCY MEDICAL SERVICES AND DURABLE MEDICAL EQUIPMENT FACILITIES ARE NOT REQUIRED TO HAVE A CONSULTANT PHARMACIST AND TO AUTHORIZE OTHER HEALTH PROFESSIONALS WITH THESE SERVICES OR FACILITIES TO PERFORM THE DUTIES THAT WOULD HAVE BEEN PERFORMED BY A CONSULTANT PHARMACIST, AND TO AUTHORIZE A PHARMACIST TO MAINTAIN GENERIC SUBSTITUTION RECORDS ELECTRONICALLY AND TO CONFORM THOSE PROVISIONS TO OTHER GENERIC SUBSTITUTION PROVISIONS; TO AMEND SECTION 40-43-89, RELATING TO VARIOUS REQUIREMENTS RELATING TO WHOLESALE PHARMACY DISTRIBUTORS, SO AS TO CLARIFY PROVISIONS AND TO DELETE DUPLICATE STATUTORY PROVISIONS RELATING TO PERMIT APPLICATION PROCEDURES; TO AMEND SECTION 40-43-90, RELATING TO PERMIT APPLICATION PROCEDURES, SO AS TO FURTHER PROVIDE FOR PERMIT RENEWAL PROCEDURES AND FOR CHANGE OF NAME OR OWNER CIRCUMSTANCE WHICH REQUIRE A NEW PERMIT TO BE OBTAINED; TO AMEND SECTION 40-43-91, RELATING TO INFORMATION THAT MUST BE REPORTED TO THE BOARD OF PHARMACY ON DRUG THEFT AND EMPLOYEE DRUG CONVICTIONS, SO AS TO INCREASE THE TIME FOR REPORTING THESE EVENTS FROM THREE TO THIRTY DAYS; TO AMEND SECTION 40-43-110, RELATING TO PHARMACY PERMIT AND LICENSE APPLICATION AND RENEWAL PROCEDURES, SO AS TO FURTHER SPECIFY AND CLARIFY THESE PROCEDURES; AND TO AMEND SECTION 40-43-130, AS AMENDED, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR PHARMACISTS, SO AS TO ALSO PROVIDE CONTINUING EDUCATION REQUIREMENTS FOR REGISTERED PHARMACY TECHNICIANS.
ANALYSIS: This act revises various provisions in the South Carolina Pharmacy Practice Act. Among the revisions is the authority granted to pharmacists to maintain generic substitution records electronically and to establish requirements for certification as a pharmacy technician.
The act also clarifies that while pharmacists must be assisted by registered technicians they are not required to employ certified technicians. Additionally, the act authorizes licensed emergency medical services and facilities supplying durable medical equipment to use other specified health professionals as a consultant pharmacist, rather than employing a pharmacist as a consultant.
Further, the act clarifies the pharmacy permit application process and the pharmacist license renewal procedures.
(A315, R414, H4968) Effective: 6/5/02
Livestock brand registration, renewal, and cancellation, revised
TO AMEND SECTION 47-9-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPIRATION AND RENEWAL OF LIVESTOCK BRANDS, SO AS TO DELETE THE PROVISION THAT PROVIDES FOR THE EXPIRATION AND RENEWAL OF THE REGISTRATION, CERTIFICATION, AND RECORDING OF CERTAIN LIVESTOCK BRANDS, AND TO PROVIDE THAT A REGISTERED BRAND FOR LIVESTOCK IS THE PROPERTY OF THE PERSON ADOPTING AND REGISTERING THE BRAND, HIS HEIRS AND ASSIGNS, UNTIL AND UNLESS THE BRAND IS CANCELLED OR REVOKED; TO AMEND SECTION 47-9-340, RELATING TO CANCELLATION OF THE REGISTRATION OF A LIVESTOCK BRAND, SO AS TO DELETE THE PROVISION THAT REQUIRES THE SECRETARY OF STATE TO CANCEL THE REGISTRATION OF A LIVESTOCK BRAND UPON THE FAILURE OF A PERSON TO RENEW THE REGISTRATION UNDER CERTAIN CIRCUMSTANCES; AND TO REPEAL SECTIONS 47-9-310 AND 47-9-320, RELATING TO THE SECRETARY OF STATE’S DUTY TO NOTIFY A LIVESTOCK BRAND REGISTRANT OF THE NECESSITY TO RENEW THE REGISTRATION OF HIS BRAND UNDER CERTAIN CIRCUMSTANCES, AND RELATING TO THE ABANDONMENT OF A LIVESTOCK BRAND.
ANALYSIS: This act revises the process of registering, renewing the registration, cancellation, and abandonment of a livestock brand.
(A316, R416, H5106) Effective: 6/5/02
Physicians; in-state practice for out-of-state team physicians authorized
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-97 SO AS TO EXEMPT A TEAM PHYSICIAN LICENSED IN ANOTHER STATE FROM LICENSURE IN THIS STATE IF THE PHYSICIAN IS EMPLOYED OR DESIGNATED AS THE TEAM PHYSICIAN FOR A TEAM VISITING THIS STATE AND THE PHYSICIAN ONLY TREATS THE TEAM MEMBERS, COACHES, AND STAFF.
ANALYSIS: Self explanatory
(A317, R417, H5133) Effective: 6/5/02
Education, public institutions of higher learning, notification required on risk of contracting certain diseases
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-290 SO AS TO REQUIRE PUBLIC INSTITUTIONS OF HIGHER LEARNING TO NOTIFY INCOMING STUDENTS OR THEIR PARENTS OF THE RISK OF CONTRACTING MENINGOCOCCAL DISEASE AND HEPATITIS B IF LIVING IN ON-CAMPUS STUDENT HOUSING AND TO REQUIRE THESE INSTITUTIONS TO RECOMMEND VACCINATION AGAINST THESE DISEASES IN THE INSTITUTION’S HEALTH AND MEDICAL INFORMATION PROVIDED TO STUDENTS AND PARENTS; AND TO PROVIDE THAT PRIVATE INSTITUTIONS OF HIGHER LEARNING MAY ELECT TO BE GOVERNED BY THIS ACT AND MAY REMOVE ITSELF FROM SUCH GOVERNANCE AT ANY TIME.
ANALYSIS: Self explanatory
(A318, R354, H4258) Effective: 5/22/02
Environmental protection, pilot program for implementation and evaluation of innovative environmental approaches; propane gas tank over-fill prevention devices
TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 56, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ADMINISTER A PILOT PROGRAM WITH UP TO TEN PARTICIPANTS FOR UP TO FIVE YEARS, WITH A POSSIBLE FIVE-YEAR RENEWAL, FOR THE PURPOSE OF TESTING AND EVALUATING INNOVATIVE ENVIRONMENTAL APPROACHES TO ACHIEVE SUPERIOR ENVIRONMENTAL PERFORMANCE NOT OTHERWISE AUTHORIZED UNDER EXISTING LAW, TO REQUIRE PARTICIPANTS TO BE MEMBERS OF THE SOUTH CAROLINA ENVIRONMENTAL EXCELLENCE PROGRAM, TO ESTABLISH PILOT PROGRAM PROCEDURES AND BASIC TERMS OF AGREEMENT BETWEEN THE DEPARTMENT AND PARTICIPANTS, TO REQUIRE PUBLIC NOTICE OF AGREEMENTS BEING CONSIDERED FOR APPROVAL OR REVOCATION, TO AUTHORIZE VARIANCES FROM EXISTING LAW, AND TO REQUIRE PARTICIPANTS TO COMPLY WITH CERTAIN REPORTING AND ENFORCEMENT PROCEDURES; AND TO PROVIDE THAT OVER-FILL PREVENTION DEVICES ARE NOT REQUIRED FOR REFILLING EXISTING NONCOMMERCIAL PROPANE GAS TANKS.
ANALYSIS: This act establishes a voluntary pilot program in which the Department of Health and Environmental Control can enter into as many as ten agreements with facilities to test and evaluate the use of innovative environmental approaches. To participate a facility must be a member, or eligible to be a member, of the South Carolina Environmental Excellence Program, and the facility must be issued at least one approval under South Carolina environmental law.
The act sets forth the procedures for establishing these agreements and the standards under which these approaches may be tested. An agreement, among other things, must identify activities and pollutants covered by the agreement, specify approvals that are replaced by the agreement require the participant to implement and document performance of environmental management system, specify waste reduction goals, contain pollutant limits at least as stringent as those currently in law, and limit the term of the agreement to no more than five years with renewal possible for up to five more years.
The act authorizes the department to amend or revoke an agreement, and it provides procedures for public comment on the proposed issuance or revocation of an agreement.
Finally, the act contains a provision that over-fill prevention devices are not required for refilling existing noncommercial propane gas tanks.
(A319, R391, H5037) Effective: 6/3/02
Insurance; investments
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 TO TITLE 38 SO AS TO ENACT THE “INVESTMENTS OF INSURERS ACT” TO PROVIDE FOR SPECIFIC PARAMETERS FOR INVESTMENT TRANSACTIONS AND INVESTMENT PRACTICES OF INSURANCE COMPANIES DOING BUSINESS IN THE STATE; AND TO REPEAL CHAPTER 11 OF TITLE 38 RELATING TO INVESTMENTS BY INSURERS.
ANALYSIS: This act repeals the former law governing investments by insurance companies and establishes new qualitative and quantitative parameters for investments by insurers doing business in this State.
(A320, R400, S966) Effective: 6/5/02
Francis Marion University, executive committee and board meetings
TO AMEND SECTION 59-133-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY, SO AS TO DELETE THE REQUIREMENT THAT THE EXECUTIVE COMMITTEE OF THE BOARD MAY NOT EXCEED FIVE MEMBERS; AND TO AMEND SECTION 59-133-40, RELATING TO MEETINGS OF THE BOARD, SO AS TO DELETE THE REQUIREMENT THAT THE BOARD MAY ONLY MEET IN FLORENCE.
ANALYSIS: Self explanatory
(A321, R404, S1157) Effective: 6/6/02 without the signature of the Governor.
High school sports, participation in, Oconee County Soccer participation
TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN OCONEE COUNTY AND WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER THAT IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS; AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-70 SO AS TO PROVIDE THAT DURING THE SEASON FOR ANY HIGH SCHOOL LEAGUE SPORT EXCEPT FOR FOOTBALL, A STUDENT WHILE A MEMBER OF A SCHOOL TEAM MAY PARTICIPATE ON A TEAM THAT IS INDEPENDENT OF THE SCHOOL’S CONTROL UNDER CERTAIN CONDITIONS.
ANALYSIS: Self explanatory
(A322, R409, H3515) Effective: 6/5/02
Funeral director, embalmers; out-of-state licensure; licensure and permit requirements; disclosure of information; Perpetual Care Cemetery Act enacted; licensure and regulation of cemeteries
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-235 SO AS TO PROVIDE THAT A NONRESIDENT EMBALMER OR FUNERAL DIRECTOR MAY BE LICENSED IN THIS STATE IF THE LICENSURE REQUIREMENTS OF HIS STATE ARE SUBSTANTIALLY SIMILAR TO REQUIREMENTS OF THIS STATE AND TO REQUIRE FIVE YEARS OF PRACTICE AND PASSAGE OF AN EXAMINATION FOR LICENSURE WHEN THE LICENSURE REQUIREMENTS IN ANOTHER STATE ARE NOT SUBSTANTIALLY SIMILAR TO REQUIREMENTS IN THIS STATE; TO ADD SECTION 40-19-265 SO AS TO ESTABLISH PERMIT REQUIREMENTS FOR FUNERAL HOMES, BRANCH FUNERAL HOMES, RETAIL SALES OUTLETS, AND CREMATORIES; TO AMEND SECTION 40-19-10, RELATING TO THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE, SO AS TO REQUIRE ALL FUNERAL DIRECTORS AND EMBALMERS SERVING ON THE BOARD TO BE ACTIVELY EMPLOYED OR ENGAGED IN THE FUNERAL SERVICE PROFESSION; TO AMEND SECTION 40-19-20, RELATING TO DEFINITIONS CONCERNING EMBALMERS AND FUNERAL DIRECTORS, SO AS TO REVISE THE DEFINITIONS OF “BRANCH FUNERAL HOME”, “CHAPEL”, “DISPOSITION”, “FUNERAL MERCHANDISE”, AND “MANAGER” AND TO DEFINE “RETAIL SALES OUTLET” AND “OWNER”; TO AMEND SECTION 40-19-110, RELATING TO GROUNDS FOR MISCONDUCT, SO AS TO PROHIBIT SOLICITING THE SALE OF FUNERAL MERCHANDISE AND TO CLARIFY OTHER GROUNDS; TO AMEND SECTION 40-19-230, RELATING TO QUALIFICATIONS FOR LICENSURE, SO AS TO CHANGE THE ACCREDITING BODY FOR EMBALMING COLLEGES AND TO CONFORM PROVISIONS TO THE REVISED LICENSURE REQUIREMENTS FOR OUT-OF-STATE EMBALMERS AND FUNERAL DIRECTORS; TO AMEND SECTION 40-19-270, RELATING TO PERMITS AND INSPECTIONS OF FUNERAL ESTABLISHMENTS AND CREMATORIES, SO AS TO APPLY CERTAIN OF THESE PROVISIONS TO RETAIL SALES OUTLETS, TO PROVIDE THAT ALL PERMITS ARE VALID FOR TWO YEARS, AND TO PROVIDE WHEN A MANAGER MUST BE EMPLOYED BY A FUNERAL ESTABLISHMENT; TO AMEND SECTION 40-19-280, RELATING TO THE REQUIREMENT THAT A PERSON BE LICENSED TO HOLD HIMSELF OUT AS PRACTICING FUNERAL SERVICE OR OPERATING A FUNERAL ESTABLISHMENT, SO AS TO ALSO APPLY THIS LICENSURE REQUIREMENT TO A PERSON OPERATING A CREMATORY OR A RETAIL SALES OUTLET; TO AMEND SECTION 40-19-290, RELATING TO DISCLOSURE OF INFORMATION AND EXPENSES TO CLIENTS BY FUNERAL ESTABLISHMENTS, SO AS TO ALSO REQUIRE CREMATORIES AND RETAIL SALES OUTLETS TO DISCLOSE SUCH INFORMATION AND EXPENSES TO ITS CLIENTS AND TO REQUIRE PAYMENTS RECEIVED BY THESE ESTABLISHMENTS FOR FUNERAL MERCHANDISE TO BE PLACED IN A TRUST ACCOUNT UNTIL DELIVERY; AND BY AMENDING TITLE 40 RELATING TO OCCUPATIONS AND PROFESSIONS BY ADDING CHAPTER 8 SO AS TO ENACT THE “SOUTH CAROLINA PERPETUAL CARE CEMETERY ACT”, TO ESTABLISH THE SOUTH CAROLINA PERPETUAL CARE CEMETERY BOARD, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES AND TO PROVIDE FOR THE REGULATION OF CEMETERIES, BURIAL GROUNDS, AND CONTRACTS OR AGREEMENTS IN CONNECTION WITH THE FINAL DISPOSITION OF A DEAD HUMAN BODY, TO REQUIRE LICENSURE OF AN ENTITY OPERATING A PERPETUAL CARE CEMETERY COMPANY, TO ESTABLISH LICENSURE PROCEDURES AND REQUIREMENTS FOR THESE ENTITIES, AND TO FURTHER PROVIDE FOR THE REGULATION OF THESE ENTITIES; AND TO REPEAL CHAPTER 55, TITLE 39 RELATING TO CEMETERIES AND THE “SOUTH CAROLINA CEMETERY ACT OF 1984”.
ANALYSIS: This act revises various provisions relating to the licensure and regulation of embalmers and funeral directors. Among the revisions are the addition of the regulation of funeral merchandise retail sales outlets, changes to the criteria for licensure by endorsement of embalmers and funeral directors licensed in other states, and the revision of the criteria for issuance of permits for funeral homes, branch funeral homes, retail sales outlets, and crematories. The act requires embalmers and funeral home director members of the South Carolina Board of Funeral Service to be actively engaged or employed in the funeral service profession.
Additionally, the act requires any licensed establishment to place payments received for funeral merchandise in a trust account until the merchandise is delivered.
Finally, this legislation enacts the South Carolina Perpetual Care Cemetery Act which establishes the South Carolina Perpetual Care Cemetery Board and which provides for the licensure and regulation of cemeteries.
(A323, R411, H4096) Effective: 6/5/02
Insurance; agents; producers; licensing; fees; continuing education
TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 38 PERTAINING TO INSURANCE, SO AS TO ADD AND REDEFINE CERTAIN DEFINITIONS TO COMPLY, CONFORM, AND BE CONSISTENT WITH THE AMENDMENT TO CHAPTER 43 OF TITLE 38 IN THIS ACT; TO AMEND CHAPTER 43, TITLE 38, RELATING TO INSURANCE AGENTS AND AGENCIES, SO AS TO, AMONG OTHER THINGS, ESTABLISH A UNIFORM STANDARD FOR PERFORMING THE DUTIES OF A PRODUCER, PROVIDE UNIFORM EXCEPTIONS TO LICENSURE AMONG STATES FOR INDIVIDUALS NOT LICENSED AS INSURANCE PRODUCERS, CLARIFY THE REQUIREMENT FOR AGENCY LICENSURE, REMOVE THE REQUIREMENT THAT AN INSURER LICENSE AN AGENT AND INSTEAD REQUIRE AN INSURER APPOINT A LICENSED AGENT, ESTABLISH STANDARD NOTIFICATION REQUIREMENTS FOR INSURERS AND PRODUCERS WHEN A PRODUCER’S CONTRACT IS CANCELED, PROVIDE IMMUNITY AND CONFIDENTIALITY FOR THESE NOTIFICATIONS, ESTABLISH NONRESIDENT LICENSING STANDARDS FOR PRODUCERS AMONG STATES, ESTABLISH INSURANCE LINES OF AUTHORITY A PRODUCER MAY BE LICENSED FOR IN THE STATE, ESTABLISH FEE STANDARDS FOR LICENSURE AND APPOINTMENT OF AN INSURANCE PRODUCER, ESTABLISH REQUIREMENTS FOR APPLICATION FOR A PRODUCER LICENSE, ESTABLISH A UNIFORM STANDARD FOR NONRESIDENT PRODUCER’S EXEMPTION FROM PRE-LICENSING EDUCATION AND EXAMINATION REQUIREMENTS, PROVIDE UNIFORM STANDARDS FOR ISSUANCE OF A TEMPORARY PRODUCER LICENSE, REQUIRE PRODUCER PRE-LICENSING EDUCATION COURSES TO BE REVIEWED BY THE CONTINUING EDUCATION ADVISORY COMMITTEE, ESTABLISH AN ADDITIONAL EXEMPTION FROM PRODUCER CONTINUING EDUCATION REQUIREMENTS, ADD A REINSTATEMENT PROVISION FOR A PRODUCER’S FAILURE TO COMPLY WITH LICENSING REQUIREMENTS, PROVIDE ADDITIONAL OFFENSES FOR WHICH DISCIPLINARY ACTION MAY BE WARRANTED, AND ESTABLISH REPORTING REQUIREMENTS FOR PRODUCERS AGAINST WHOM ADMINISTRATIVE ACTION OR CRIMINAL PROSECUTION HAS BEEN TAKEN.
ANALYSIS: This act revises insurance agency law to provide for insurance producers instead of agents, their appointment, licensure, continuing education, reporting requirements, and oversight, among other things
(A324, R415, H5105) Effective: 6/4/02
Motorist Insurance Database Program
TO AMEND CHAPTER 10, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY BY ADDING ARTICLE 7 SO AS TO ENACT THE “MOTORIST INSURANCE IDENTIFICATION DATABASE PROGRAM ACT”, TO PROVIDE DEFINITIONS FOR CERTAIN TERMS, TO PROVIDE THAT THE INTENT OF THIS ARTICLE IS TO HELP REDUCE THE UNINSURED MOTORIST POPULATION IN THE STATE AND TO MEASURE THE EFFECTIVENESS OF THE MOTORIST INSURANCE DATABASE ESTABLISHED PURSUANT TO THIS ARTICLE, AND TO ESTABLISH A DATABASE TO BE USED WHEN VERIFYING COMPLIANCE WITH THE STATE’S MOTOR VEHICLE FINANCIAL SECURITY REQUIREMENTS, TO PROVIDE THAT THE MOTORIST INSURANCE DATABASE PROGRAM SHALL BE ADMINISTERED BY THE MOTOR VEHICLES DIVISION IN THE DEPARTMENT OF PUBLIC SAFETY, TO PROVIDE THAT THE MOTOR VEHICLES DIVISION SHALL DISCLOSE AN INDIVIDUAL’S REPORTED DATABASE INFORMATION UPON REQUEST BY CERTAIN PERSONS AND AGENCIES FOR A FEE THAT MUST BE USED TO DEFRAY THE DIVISION’S EXPENSES, TO PROVIDE THAT THE STATE AND INSURERS ARE NOT LIABLE FOR PERFORMING THEIR LEGAL DUTIES PURSUANT TO THIS ARTICLE; TO AMEND SECTION 56-10-553, AS AMENDED, RELATING TO THE COLLECTION OF CERTAIN DATA BY THE DEPARTMENT OF PUBLIC SAFETY THROUGH THE USE OF RANDOM SAMPLING, SO AS TO ELIMINATE THE RANDOM SAMPLING PROCEDURE; TO AMEND SECTION 56-10-225, AS AMENDED, RELATING TO PROOF OF INSURANCE AND FINANCIAL RESPONSIBILITY BY A PERSON WHO HAS A MOTOR VEHICLE REGISTERED IN HIS NAME, SO AS TO MAKE TECHNICAL CHANGES, TO EXTEND THE DEADLINE UPON WHICH A PERSON WHO IS CHARGED WITH FAILING TO MAINTAIN PROOF OF INSURANCE IN HIS MOTOR VEHICLE MAY HAVE THE CHARGE DISMISSED UPON SHOWING THE COURT THAT THE MOTOR VEHICLE WAS INSURED AT THE TIME HE WAS CHARGED, AND TO REVISE THE PENALTY FOR THIS OFFENSE; TO AMEND SECTION 56-10-520, AS AMENDED, RELATING TO THE REQUIREMENT THAT A PERSON WHO SEEKS TO REGISTER A MOTOR VEHICLE MUST DECLARE THAT THE VEHICLE TO BE REGISTERED IS INSURED, SO AS TO REVISE THE PENALTIES FOR A PERSON WHO OPERATES AN UNINSURED MOTOR VEHICLE, AND A PERSON WHO PRESENTS A FALSE CERTIFICATE THAT A MOTOR VEHICLE IS AN INSURED MOTOR VEHICLE OR FALSE EVIDENCE THAT A MOTOR VEHICLE SOUGHT TO BE REGISTERED IS AN INSURED MOTOR VEHICLE, TO DELETE THE PROVISION THAT MAKES CERTAIN PORTIONS OF THIS SECTION INAPPLICABLE IF THE MOTOR VEHICLE OWNER HAD GOOD CAUSE TO BELIEVE AND BELIEVED THAT THE MOTOR VEHICLE WAS INSURED, TO MAKE TECHNICAL CHANGES, TO SUBSTITUTE THE TERM “NOTICE OF VIOLATION” FOR THE TERM “RECORD OF HIS CONVICTION OF VIOLATION”, TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY MAY RELIEVE A PERSON OF THE REQUIREMENT OF FURNISHING PROOF OF FUTURE FINANCIAL RESPONSIBILITY WHEN THREE YEARS HAVE ELAPSED FROM THE DATE PROOF WAS REQUIRED INSTEAD OF FROM THE DATE OF SUSPENSION; TO AMEND SECTION 56-10-40, AS AMENDED, RELATING TO THE REQUIREMENT THAT PROVIDERS OF LIABILITY INSURANCE AND PROVIDERS OF SECURITY IN LIEU OF LIABILITY INSURANCE MUST NOTIFY THE DEPARTMENT OF PUBLIC SAFETY OF THE LAPSE OR TERMINATION OF AN INSURANCE POLICY OR SECURITY IT HAS ISSUED, AND THAT PROVIDES THAT THE DEPARTMENT MUST NOTIFY THE PERSON WHOSE INSURANCE POLICY OR SECURITY HAS LAPSED OR HAS BEEN TERMINATED, SO AS TO REVISE THE PROCEDURE IN WHICH AN INSURANCE PROVIDER MUST NOTIFY THE DEPARTMENT WHEN AN INSURANCE POLICY OR SECURITY HAS LAPSED OR HAS BEEN TERMINATED; TO AMEND SECTION 56-10-240, AS AMENDED, RELATING TO THE REQUIREMENT THAT AN UNINSURED MOTOR VEHICLE MUST BE INSURED WITHIN A SPECIFIC PERIOD OF TIME OR THE OWNER MUST SURRENDER ITS REGISTRATION AND LICENSE PLATE, SO AS TO DELETE THE PROVISION THAT PROVIDES THE PROCEDURE AN INSURER MUST INFORM THE DEPARTMENT OF PUBLIC SAFETY WHEN A MOTOR VEHICLE BECOMES UNINSURED, TO PROVIDE THAT THE DEPARTMENT MAY AUTHORIZE INSURERS TO UTILIZE ALTERNATIVE METHODS OF PROVIDING NOTICE OF NEW POLICIES WRITTEN AND RENEWALS TO THE DEPARTMENT, TO DELETE THE PROVISION THAT REQUIRES LICENSE PLATES SURRENDERED PURSUANT TO THIS SECTION BE FORWARDED TO THE DEPARTMENT OF REVENUE, AND TO ELIMINATE THE REINSTATEMENT FEE CHARGED TO A PERSON WHO VOLUNTARILY SURRENDERS HIS LICENSE PLATES AND REGISTRATION CERTIFICATE BEFORE THEIR SUSPENSION; BY ADDING SECTION 56-10-46 SO AS TO PROVIDE THAT A PERSON WHO RESPONDS TO THE NOTICE CONTAINED IN SECTION 56-10-40 WHO PURCHASED INSURANCE AFTER RECEIVING THE NOTICE SHALL HAVE HIS MOTOR VEHICLE RECORD NOTED TO INDICATE THAT HE WILL BE SUBJECT TO REGULAR REQUESTS FOR PROOF OF INSURANCE FROM THE MOTOR VEHICLES DIVISION; BY ADDING SECTION 56-10-615 SO AS TO PROVIDE THAT THE MOTOR VEHICLES DIVISION SHALL OBTAIN INFORMATION FROM INSURERS REGARDING CANCELLATIONS OF AUTOMOBILE INSURANCE POLICIES, TO PROVIDE THAT THE DIVISION SHALL REQUEST PROOF OF INSURANCE FROM PERSONS IDENTIFIED BY THE MOTORIST INSURANCE DATABASE, AND TO PROVIDE A PENALTY FOR A PERSON WHO FAILS TO RESPOND TO THE DIVISION; TO AMEND SECTION 38-73-470, RELATING TO THE DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO INCREASE THE FEE AND REVISE THE DISTRIBUTION OF THE FEE; TO REPEAL SECTION 56-10-270, RELATING TO THE OPERATION OF AN UNINSURED MOTOR VEHICLE; AND TO REPEAL SECTION 56-3-220, RELATING TO DEALER SOLD CARDS.
ANALYSIS: This act establishes the “Motorist Insurance Database Program” within the Department of Public Safety’s Motor Vehicles Division whose purpose is to establish a database to be used to verify whether a person is in compliance with the State’s motor vehicle financial security requirements.
(A325, R437, S1208) Effective: 6/7/02
Child abuse and neglect, revisions to definitions, reporting, investigations, classification of reports
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING “STEPHANIE’S LAW” SO AS TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS CONCERNING “ABUSED OR NEGLECTED CHILD” AND CHILD ABUSE AND NEGLECT, SO AS TO DEFINE “CHILD ABUSE OR NEGLECT”; TO REVISE “HARM” AND TO INCLUDE INJURY TO EMOTIONAL FUNCTIONING AS MENTAL INJURY; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED OR PERMITTED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO DETERMINE WHETHER PREVIOUS REPORTS HAVE BEEN MADE REGARDING A CHILD OR SUBJECT OF A REPORT AND TO REQUIRE THE DEPARTMENT TO MAINTAIN A RECORD OF INFORMATION RECEIVED THAT IS NOT INVESTIGATED; TO ADD SECTION 20-7-570 SO AS TO AUTHORIZE CIVIL ACTIONS AGAINST A PERSON WHO HAS REPORTED CHILD ABUSE OR NEGLECT MALICIOUSLY OR IN BAD FAITH AND TO PROVIDE FOR PUNITIVE DAMAGES, ATTORNEY’S FEES, AND COSTS; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING RECEIVING AND PROCESSING REPORTS OF CHILD ABUSE OR NEGLECT, SO AS TO REVISE THE CATEGORIZATION OF SUCH REPORTS, TO REVISE RECORD RETENTION PROCEDURES, AND TO REVISE CONFIDENTIALITY AND DISCLOSURE OF INFORMATION PROVISIONS; TO AMEND SECTION 20-7-655, AS AMENDED, RELATING TO THE CHILD PROTECTIVE SERVICES APPEAL PROCESS, SO AS TO ELIMINATE THE APPEALS COMMITTEE PROCESS, TO ESTABLISH THAT SUCH AN APPEAL IS A CONTESTED CASE, TO CLARIFY THAT THE PROCESS IS ONLY AVAILABLE TO PERSONS DETERMINED TO HAVE ABUSED OR NEGLECTED A CHILD AND IN CASES NOT BEING BROUGHT BEFORE THE FAMILY COURT FOR DISPOSITION; TO CLARIFY PROCEDURES FOR AN INTERIM REVIEW BEFORE A CONTESTED CASE HEARING, AND TO FURTHER SPECIFY REMOVING DATA FROM THE DEPARTMENT’S RECORDS AND THE CENTRAL REGISTRY WHEN ABUSE OR NEGLECT IS NOT FOUND; TO AMEND SECTION 20-7-670, AS AMENDED, RELATING TO JURISDICTION FOR RECEIVING AND INVESTIGATING INSTITUTIONAL CHILD ABUSE AND NEGLECT REPORTS, SO AS TO CLARIFY THAT THE DEPARTMENT OF SOCIAL SERVICES IS AUTHORIZED TO RECEIVE AND INVESTIGATE SUCH REPORTS IN CHILD DAYCARE FACILITIES AND TO FURTHER PROVIDE FOR THESE INVESTIGATIONS; AND TO AMEND SECTION 20-7-680, AS AMENDED, RELATING TO INFORMATION ON UNFOUNDED REPORTS IN THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO PROHIBIT THE REGISTRY FROM CONTAINING ANY INFORMATION FROM UNFOUNDED REPORTS.
ANALYSIS: This act revises numerous provisions in the children’s code pertaining to child abuse and neglect. Among the revisions, the Department of Social Services is required to maintain a record of reports of abuse even if an investigation is not conducted and the department must use this information to determine if prior reports have been made on a child. Additionally, this information may be used by the department and law enforcement to assess the risk and safety of a child. The act also clarifies the procedures for categorizing and retaining reports of abuse and neglect.
Additionally, the act further specifies the procedures by which law enforcement must provide information to the department on cases in which the department is involved with the child or family.
Further, the procedures for appeals from protective services decisions are revised by replacing the appeals committee with a hearing officer and by revising the appeals procedures.
The act also revises various definitions in the children’s code among which is adding to the definition of child abuse or neglect a person engaging in conduct that presents a substantial risk that a sexual offense would be committed against the child, by further specifying circumstances under which failure to “supply the child with education” is neglect, and providing that a child is at substantial risk for abuse or neglect when the child comes into a household in which abuse and neglect occurred to that extend in the past.
In addition the act authorizes civil actions against a person who the family court determines has maliciously or in bad faith made a report of abuse or neglect. It authorizes damages to the department for costs associated with the investigation and bringing the action and actual punitive damages and attorney cost to the alleged perpetrator of the abuse or neglect.
Finally, the act clarifies that in investigating reports of child abuse and neglect in institutions and child care facilities, the department may only investigate foster homes supervised or recommend for licensure by the department and that all such investigations must be conducted by a unit not responsible for selecting or licensing these entities.
(A326, R448, S1131) Effective: 6/18/02
Taxation, sales and use, Richland County School Districts Property Tax Relief Act, school trustees, commissions
TO ENACT THE “RICHLAND COUNTY SCHOOL DISTRICTS PROPERTY TAX RELIEF ACT” BY PROVIDING FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX IN RICHLAND COUNTY FOR NOT MORE THAN TWENTY YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS OF RICHLAND COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT, IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE RICHLAND COUNTY TREASURER FOR THE RICHLAND COUNTY SCHOOL DISTRICTS, TO PROVIDE THAT THE TAX IS IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE FOR THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE, AND TO PROVIDE FOR THE ELECTION OF TRUSTEES FOR RICHLAND-LEXINGTON SCHOOL DISTRICT 5; TO AMEND SECTION 55-11-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE RICHLAND-LEXINGTON AIRPORT DISTRICT, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMISSION FROM TEN TO TWELVE MEMBERS AND PROVIDE FOR THE METHOD OF APPOINTMENT OF THE ADDITIONAL MEMBERS; AND TO AMEND SECTION 59-53-1710, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE MIDLANDS TECHNICAL COLLEGE COMMISSION, SO AS TO REDUCE FROM EIGHT TO SEVEN THE COMMISSION MEMBERS APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE RICHLAND COUNTY LEGISLATIVE DELEGATION AND CONCOMITANTLY INCREASE FROM FOUR TO FIVE THE COMMISSION MEMBERS APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE LEXINGTON COUNTY DELEGATION.
ANALYSIS: This act is self explanatory except to note that on the board of trustees of Richland-Lexington County School District 5, of the seven board members, three must reside in Richland County and four must reside in Lexington County. Formerly, five of the members had to reside in Lexington County.
The amendment made by this act to Section 55-11-320 of the 1976 Code relating to the Richland-Lexington Airport Commission added two members to the board, one from Lexington County to be appointed by the Governor upon the recommendation of a majority of the Lexington County Legislative delegation and one member from Richland County appointed by the Governor on the recommendation of a majority of the members of the Richland County Legislative delegation.
(A327, R457, H3602) Effective: 6/24/02
Education Oversight Committee, Superintendent of Education added as member
TO AMEND SECTION 59-6-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE, SO AS TO ADD THE STATE SUPERINTENDENT OF EDUCATION OR THE SUPERINTENDENT’S DESIGNEE AS AN EX OFFICIO NONVOTING MEMBER.
ANALYSIS: Self explanatory
(A328, R460, H3823) Effective: 6/18/02
Alimony to terminate on “continued cohabitation”
TO AMEND SECTION 20-3-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALIMONY AND SECTION 20-3-150, RELATING TO THE SEGREGATION OF CHILD SUPPORT AND ALIMONY IN A COURT ORDER, SO AS TO PROVIDE THAT ALIMONY IS TERMINATED UPON THE CONTINUED COHABITATION OF THE SUPPORTED SPOUSE AND TO DEFINE “CONTINUED COHABITATION”.
ANALYSIS: This act adds “continued cohabitation” to the circumstances under which alimony is terminated. Under this new provisions if the supported spouse resides with another person in a romantic relationship for ninety consecutive days or longer, the obligation to pay alimony ceases. The court also may find continued cohabitation if the supported spouse periodically separates from the romantic relationship in order to circumvent the ninety consecutive day standard.
(A329, R470, H4431) Effective: 6/18/02
Domestic violence; venue, evidence from warrantless arrests for criminal domestic violence, court fees, increases, schedule for fee distribution
TO AMEND SECTION 20-4-30, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO FAMILY COURT JURISDICTION AND VENUE FOR ACTIONS SEEKING AN ORDER OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO REVISE WHERE AN ACTION MAY BE BROUGHT TO INCLUDE THE COUNTY IN WHICH THE ALLEGED ACT OF ABUSE OCCURRED AND THE COUNTY WHERE THE PETITIONER IS SHELTERED, TO SPECIFY WHERE AN ACTION MUST BE FILED IF THE RESPONDENT IS A NONRESIDENT, TO PROVIDE PROCEDURES FOR TRANSFERRING AN ACTION TO THE PROPER COUNTY, AND TO AUTHORIZE THE PETITION ON THE HEARING TO BE HELD IN ANY COUNTY IN THE CIRCUIT IN WHICH THE ACTION WAS FILED; TO AMEND SECTION 20-4-50, RELATING TO THE HEARING ON A PETITION FOR AN ORDER FOR PROTECTION FROM DOMESTIC ABUSE, SO AS TO DELETE THE PROVISION ALLOWING THESE HEARINGS TO BE SCHEDULED IN ANY COUNTY IN THE JUDICIAL CIRCUIT; TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO THE SCHEDULE OF FEES AND COSTS TO BE COLLECTED IN EACH COUNTY BY CLERKS OF COURT, REGISTERS OF DEEDS, OR COUNTY TREASURERS, SO AS TO PROVIDE FOR UNIFORM FEE INCREASES; BY ADDING SECTION 14-1-203 SO AS TO PROVIDE A SCHEDULE FOR THE DISTRIBUTION OF THE REVENUE DERIVED FROM THE FEES, COSTS, AND ALLOWANCES ENUMERATED IN SECTION 20-7-1440; TO AMEND SECTION 14-1-204, RELATING TO THE DISTRIBUTION OF THE FILING FEE PAID FOR FILING COMPLAINTS OR PETITIONS IN CIVIL ACTIONS IN A COURT OF RECORD, SO AS TO INCREASE THE FEE FROM SEVENTY TO ONE HUNDRED DOLLARS AND TO RECALCULATE THE DISTRIBUTION OF THE REVENUE DERIVED FROM THE FEE; TO AMEND SECTION 20-7-1440, AS AMENDED, RELATING TO THE FEES, COSTS, AND ALLOWANCES CHARGED IN CERTAIN ACTIONS FOR SUPPORT OF A SPOUSE OR DEPENDENT CHILDREN, SO AS TO INCREASE THE AMOUNT OF THE COST OR FEE FROM THREE TO FIVE PERCENT AND TO PROVIDE THAT THE REVENUE MUST BE REMITTED IN ACCORDANCE WITH SECTION 14-1-203; TO AMEND SECTION 36-9-525, RELATING TO THE FEES CHARGED FOR FILING AND INDEXING CERTAIN RECORDS IN ACCORDANCE WITH TILE 36 OF THE 1976 CODE, SO AS TO RECALCULATE HOW THE FEE IS ASSESSED; TO AMEND SECTION 38-53-70, RELATING TO THE REMISSION OF A JUDGMENT OF FORFEITURE AGAINST A DEFENDANT OR HIS SURETY, SO AS TO PROVIDE THAT THE SURETY MUST PAY A HANDLING FEE TO THE COURT IN AN AMOUNT EQUAL TO FOUR PERCENT OF THE VALUE OF THE BOND; BY ADDING SECTION 8-21-320 SO AS TO ASSESS A TWENTY-FIVE-DOLLAR FEE FOR EVERY MOTION MADE IN THE COURT OF COMMON PLEAS AND FAMILY COURT, NOT INCLUDING FAMILY COURT JUVENILE DELINQUENCY PROCEEDINGS; TO AMEND SECTION 16-25-70, AS AMENDED, RELATING TO CRIMINAL DOMESTIC VIOLENCE ARREST PROCEDURES AND THE INADMISSIBILITY OF EVIDENCE RESULTING FROM A WARRANTLESS ARREST FOR CRIMINAL DOMESTIC VIOLENCE, SO AS TO SPECIFY THE CIRCUMSTANCES UNDER WHICH SUCH EVIDENCE IS ADMISSIBLE.
ANALYSIS: This act revises the procedures for filing a petition for an order of protection from domestic abuse. It authorized the action to be brought in the county in which the petitioner or respondent resides. However, if the respondent is not a resident of this State, the action must be filed where the alleged abuse took place or where the parties last resided together. Additionally, it requires the petitionee, upon filing, to request a transfer of the action to the respondent’s county of residence if the respondent does not reside in the county in which the action was filed.
The act also increases certain filing fees including, but not limited to, petitions from seventy dollars to one hundred dollars and for filing a foreign judgment from fifty five dollars to one hundred dollars.
Additionally, the act reduces the percent amount distributed to each state agency from that portion of the fees collected by county entities designated for distribution, with the recouped percent designated for the South Carolina Judicial Department.
The act increases from three percent to five percent the cost assessed against a party required to pay child or spousal support through the family court or other centralized wage withholding system,
Further, the act revises the filing fee for certain records in conjunction with actions concerning secured transactions and adds a handling fee of four percent of the value of a bond when a surety has to forfeit a bond and pays the bond in installments. The act also establishes a twenty-five dollar fee on every motion made in the court of common pleas and family court excluding juvenile delinquency proceedings.
Finally, the act provides that evidence discovered as a result of a warrantless search pursuant to a complaint filed for domestic violence if the evidence was in plain view and the search was incident to a lawful arrest.
(A330, R471, H4481) Effective: 6/24/02
Public Institutions of Higher Learning; assistance and refunds to persons activated to military service
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-395 SO AS TO REQUIRE THAT CERTAIN ASSISTANCE AND REFUNDS BE GIVEN TO A PERSON WHO IS ACTIVATED FOR FULL-TIME MILITARY SERVICE DURING A TIME OF NATIONAL CRISIS AND THEREFORE IS REQUIRED TO CEASE ATTENDING A PUBLIC INSTITUTION OF HIGHER LEARNING WITHOUT COMPLETING AND RECEIVING A GRADE IN ONE OR MORE COURSES.
ANALYSIS: This act provides that when any person is activated for full-time military service during a time of national crisis and, therefore, is required to cease attending a public institution of higher learning without completing and receiving a grade in one or more courses, assistance is required with regard to courses not completed. A complete refund of tuition and academic fees as are assessed against all students at the institution shall be granted to the student. The refund shall be distributed proportionately to the student after considering other resources received by the student for paying applicable tuition and fee charges. Proportionate refunds of room and board, if applicable, and other special fees which were paid to the institution must be provided to the student, based on the date of withdrawal. If the institution has a policy of repurchasing textbooks, students must be offered the maximum price, based on condition, for the textbooks associated with the courses.
When a student is required to cease attendance because of such military activation without completing and receiving a grade in one or more courses, the institution shall provide a reasonable opportunity for completion of the courses after deactivation.
(A331, R473, H4683) Effective: 6/24/02
South Carolina Student-Led Messages Act, enacted
TO ENACT THE “SOUTH CAROLINA STUDENT-LED MESSAGE ACT”; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-441 SO AS TO AUTHORIZE THE GOVERNING BODY OF A SCHOOL BOARD OR SCHOOL DISTRICT TO ADOPT A POLICY THAT PERMITS THE USE OF A BRIEF OPENING OR CLOSING MESSAGE BY A STUDENT AT A HIGH SCHOOL GRADUATION EXERCISE, TO PROVIDE THE CONDITIONS UNDER WHICH THIS MESSAGE MAY BE DELIVERED AND PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO CERTAIN POLICIES OF THE SCHOOL DISTRICT; AND BY ADDING SECTION 59-1-442 SO AS TO AUTHORIZE THE GOVERNING BODY OF A SCHOOL BOARD OR SCHOOL DISTRICT TO ADOPT A POLICY THAT PERMITS THE USE OF A BRIEF OPENING OR CLOSING MESSAGE BY A STUDENT AT A HIGH SCHOOL ATHLETIC EVENT AND TO PROVIDE THE CONDITIONS UNDER WHICH THIS MESSAGE MAY BE DELIVERED.
ANALYSIS: This act adds Sections 59-1-441 and 59-1-442 to authorize the governing body of a school district or board to adopt a policy that permits graduating high school students to deliver a brief opening or closing message which cannot exceed two minutes at the high school’s graduation exercises. The content of the message must be prepared or selected by the student. No person associated with the school district may review or otherwise censor the message. No student may be disciplined or reprimanded by the school for any nonobscene, nonprofane, or nonvulgar message delivered pursuant to the provisions of Section 59-1-441. The provisions of Section 59-1-441 do not apply to policies of the school district or high school that relate specifically to more length, extensive, or featured speeches at the high school’s graduation delivered by a class valedictorian or other student selected on bases such as academic standing or position in student government.
Section 59-1-442 authorizes the governing body of a school board or district to adopt a policy that permits either (1) the captains of athletic team at a high school or their student designees; or (2) a student designated by the members of that team to deliver a brief opening or closing message, or both, not to exceed two minutes, at school-sponsored athletic events. The same requirements with regard to monitoring or being disciplined as provided in Section 59-1-441 may also apply to the provisions of Section 59-1-442.
(A332, R422, S886) Effective: 6/18/02
Targeted jobs tax credit, job development credits, distressed county
TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO ESTABLISH THE DESIGNATION OF “DISTRESSED COUNTY”, PROVIDE THE CRITERIA FOR THE DESIGNATION AND ALLOW A TAX CREDIT EQUAL TO EIGHT THOUSAND DOLLARS FOR EACH NEW FULL-TIME JOB CREATED IN A DISTRESSED COUNTY; TO AMEND SECTION 12-10-85, AS AMENDED, RELATING TO THE STATE RURAL INFRASTRUCTURE FUND, SO AS TO CONFORM THE USE OF FUND REVENUES TO THE “DISTRESSED COUNTY” DESIGNATION AND TO INCREASE FROM FIVE TO TEN MILLION DOLLARS THE THRESHOLD ABOVE WHICH TWENTY-FIVE PERCENT OF FUND REVENUES MUST BE AVAILABLE FOR GRANTS IN COUNTIES ABOVE THE BOTTOM TWO DESIGNATIONS; TO AMEND SECTION 12-6-3470, RELATING TO THE EMPLOYER CREDIT ALLOWED AN EMPLOYER HIRING A PERSON WHO RECEIVED FAMILY INDEPENDENCE PAYMENTS, SO AS TO CONFORM THE ELIGIBILITY FOR THE CREDIT TO THE NEW CATEGORY OF “DISTRESSED COUNTY” AS ESTABLISHED IN THIS ACT; AND TO AMEND SECTIONS 12-10-80 AND 12-10-81, BOTH AS AMENDED, RELATING TO THE JOB DEVELOPMENT CREDIT, SO AS TO CONFORM THESE PROVISIONS TO THE NEW CATEGORY OF “DISTRESSED COUNTY” AS ESTABLISHED IN THIS ACT.
ANALYSIS: This act amends Section 12-6-3360 of the 1976 Code which provides the targeted jobs tax credit as an economic development incentive. Credits for new jobs created vary in amounts depending on the average per capita income and unemployment rate in the county. The act creates a new category for the twelve counties with the lowest per capita income and highest unemployment rate, designating them “distressed” counties. Qualifying new jobs created in distressed counties allow employing taxpayers an eight thousand dollar tax credit for each new job created. The former designation of least developed for the twelve counties with the lowest per capita income and highest unemployment rates is retained with a credit amount of four thousand five hundred dollars. However, this category is occupied only be counties which “bump up” into it by virtue of special provisions allowing otherwise unqualifying counties to qualify for the higher credit amount for new jobs created in the county. The remaining provisions of the act are conforming amendments substituting “distressed” for “least developed” in other code sections.
(A333, R431, H4676) Effective: 7/1/02
Legislative Printing, Information and Technology Resources (LPITS), Legislative Council, Code Commissioner, Acts and Joint Resolutions, governmental body, Procurement Code
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 1-11-55, RELATING TO LEASING OF REAL PROPERTY FOR GOVERNMENTAL BODIES, SECTION 2-3-75, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE OFFICE OF LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES, SECTION 2-13-60, AS AMENDED, RELATING TO THE DUTIES OF THE CODE COMMISSIONER, SECTION 2-13-180, RELATING TO THE PUBLICATION OF ADVANCE SHEETS OF THE ACTS AND JOINT RESOLUTIONS, SECTION 2-13-190, AS AMENDED, RELATING TO PRINTING OF ADVANCE SHEETS IN SIGNATURES AND DISTRIBUTION OF PAGE PROOFS BY THE CODE COMMISSIONER, SECTION 2-13-200, RELATING TO THE SALE AND DISPOSITION OF PROCEEDS FROM THE SALE OF ADVANCE SHEETS, SECTION 2-13-210, RELATING TO THE PUBLICATION OF THE ACTS AND JOINT RESOLUTIONS, SECTION 11-35-310, AS AMENDED, RELATING TO THE DEFINITIONS USED IN THE PROCUREMENT CODE, SECTION 29-6-250, RELATING TO A LABOR AND MATERIAL PAYMENT BOND REQUIRED BY A GOVERNMENTAL BODY UNDER CERTAIN CIRCUMSTANCES, ALL SO AS TO CONFORM REFERENCES IN THESE SECTIONS TO REFLECT THE CORRECT NAME OF THE OFFICE OF LEGISLATIVE PRINTING, INFORMATION AND TECHNOLOGY SYSTEMS CREATED FROM THE MERGER OF THE OFFICES OF LEGISLATIVE INFORMATION SYSTEMS AND LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES, AND TO DELETE ARCHAIC REFERENCES; AND TO AMEND SECTION 11-35-1524, RELATING TO THE RESIDENT VENDOR PREFERENCE IN CONNECTION WITH THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO EXCEPT A SOLICITATION, BID, OFFER, OR PROCUREMENT OF A MOTOR VEHICLE.
ANALYSIS: This act conforms numerous references in the Code to reflect the merger and name change of the offices of Legislative Information Systems and Legislative Printing and Information Technology Resources to the Office of Legislative Printing Information and Technology Systems and excepts motor vehicles from the resident vendor preference of the Procurement Code.
(A334, R445, S852) Effective: 6/24/02
Taxation, miscellaneous tax provisions, General Assembly Retirement
TO AMEND SECTION 12-44-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO INCREASE THE EXTENSION ALLOWED IN THE INVESTMENT PERIOD FROM TWO TO FIVE YEARS; TO AMEND SECTION 12-44-90, RELATING TO THE FILING REQUIREMENTS UNDER THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO GRANT A MAXIMUM SIXTY-DAY EXTENSION FOR FILING RETURNS AND TO PROVIDE THE REQUIREMENTS TO OBTAIN THE EXTENSION; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO A FEE IN LIEU OF TAXES, SO AS TO REQUIRE ADDITIONAL INFORMATION IN AGREEMENTS IMPLEMENTING THE FEE ARRANGEMENT AND PROVIDE FOR THE DUTIES OF THE AUDITOR WITH RESPECT TO THESE FEES; BY ADDING SECTIONS 4-12-45 AND 12-44-55 SO AS TO REQUIRE ADDITIONAL INFORMATION IN AGREEMENTS IMPLEMENTING FEE IN LIEU OF PROPERTY TAX PROVISIONS AND PROVIDE FOR THE DUTIES OF THE AUDITOR WITH RESPECT TO THESE FEES; TO AMEND TITLE 12, RELATING TO TAXATION, BY ADDING CHAPTER 35 ENACTING “THE SIMPLIFIED SALES AND USE TAX ADMINISTRATION ACT” PROVIDING FOR METHODS OF IMPROVING THE ADMINISTRATION OF SALES AND USE TAXES; TO AMEND SECTIONS 4-12-30 AND 4-29-67, BOTH AS AMENDED, RELATING TO FEES IN LIEU OF TAXES, SO AS TO ALLOW ADDITIONAL EXTENSIONS FOR THE COMPLETION OF PROJECTS AND EXTENSIONS FOR FILING REQUIRED RETURNS; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO JOB DEVELOPMENT FEES AND CREDITS, SO AS TO PROVIDE ADDITIONAL QUALIFIED EXPENDITURES AGAINST WHICH TO CLAIM THE CREDIT; BY ADDING SECTION 12-10-105 SO AS TO PROVIDE AN ADDITIONAL FEE FOR CERTAIN BUSINESSES CLAIMING THE JOB DEVELOPMENT CREDIT; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE AN EXEMPTION FOR PROPERTY OF NONPROFIT HOUSING CORPORATIONS OR THEIR INSTRUMENTALITIES AND PROVIDE THE QUALIFICATIONS FOR THIS EXEMPTION; TO AMEND SECTION 12-6-3910, RELATING TO ESTIMATED TAX PAYMENTS, SO AS TO CHANGE THE FIRST QUARTER DUE DATE FOR CALENDAR YEAR CORPORATIONS AND PROVIDE FOR THE INCLUSION OF LICENSE FEES IN THE ESTIMATED TAX PAYMENTS; TO AMEND SECTION 12-6-4980, RELATING TO EXTENSIONS OF TIME FOR FILING TAX RETURNS SO AS TO REMOVE THE REQUIREMENT THAT A CORPORATE TAXPAYER SEPARATELY APPLIES TO THE DEPARTMENT OF REVENUE FOR AN EXTENSION OF TIME TO FILE A STATE RETURN EVEN THOUGH IT IS NOT REQUIRED TO MAKE A TAX PAYMENT AT THE TIME OF THE EXTENSION AND HAS BEEN GRANTED AN EXTENSION OF TIME TO FILE A FEDERAL RETURN; TO AMEND SECTION 12-20-20, RELATING TO CORPORATE EXTENSIONS OF TIME TO FILE ANNUAL REPORTS, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 12-54-55, RELATING TO INTEREST ON UNDERPAYMENT OF DECLARATION OF ESTIMATED TAX, SO AS TO DELETE DUPLICATIVE PROVISIONS; TO AMEND SECTION 59-20-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE EDUCATION FINANCE ACT, SO AS TO REVISE THE DATE THE DEPARTMENT OF REVENUE FURNISHES THE PRELIMINARY INDEX OF TAXPAYING ABILITY; TO AMEND SECTION 12-56-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SET-OFF DEBT COLLECTION ACT, SO AS TO EXTEND THE DEFINITIONS OF “CLAIMANT AGENCY” TO OTHER STATES AND POLITICAL SUBDIVISIONS OF THOSE STATES AND TO THE UNITED STATES; TO AMEND SECTIONS 12-36-910 AND 12-36-1310, BOTH AS AMENDED, RELATING TO THE SPECIAL IMPOSITION OF THE SALES ON LAUNDRY SERVICES, COMMUNICATIONS SERVICES, ELECTRICITY, AND MANUFACTURER-CONSUMED GOODS AND IMPOSITION OF THE USE TAX, SO AS TO CLARIFY THE IMPOSITION OF THE TAX ON PREPAID WIRELESS CALLING ARRANGEMENTS AND TO REVISE THE DATE FOR SOURCING MOBILE TELECOMMUNICATIONS SERVICES UNDER THE MOBILE TELECOMMUNICATIONS SOURCING ACT; TO AMEND SECTION 12-54-195, RELATING TO THE REMITTANCE BY A RESPONSIBLE PERSON OF A TAX COLLECTED FOR THE DEPARTMENT, SO AS TO PROVIDE FOR A PENALTY AND INTEREST ASSESSMENT AGAINST A RESPONSIBLE PERSON WHO FAILS TO REMIT A LOCAL OR STATE SALES OR USE TAX TO THE DEPARTMENT; TO AMEND SECTION 12-6-1130, RELATING TO MODIFICATION OF FEDERAL DEDUCTIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX, SO AS TO CORRECT A REFERENCE; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO THE CLASSIFICATION OF PROPERTY AND ASSESSMENT RATIOS FOR PURPOSES OF THE PROPERTY TAX, SO AS TO REVISE THE OATH REQUIRED TO CLAIM THE FOUR PERCENT ASSESSMENT RATIO FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY; TO AMEND SECTION 12-21-3920, RELATING TO DEFINITIONS FOR BINGO, SO AS TO REVISE THE DEFINITIONS FOR “PROMOTER” AND “SESSION”; TO AMEND SECTION 12-21-3950, RELATING TO THE BINGO PROMOTER’S LICENSE, SO AS TO INCREASE FROM THIRTY TO FORTY-FIVE DAYS THE DEPARTMENT OF REVENUE HAS TO APPROVE OR REJECT AN APPLICATION FOR A PROMOTER’S LICENSE; TO AMEND SECTION 12-21-3990, RELATING TO THE MANNER OF PLAYING BINGO, SO AS TO PROHIBIT PAYING LESS THAN FACE VALUE FOR CARDS AND REQUIRE SPECIFIC ANNOUNCEMENT OF PRIZES; TO AMEND SECTION 12-21-4000, RELATING TO BINGO PROCEDURES, SO AS TO ALLOW THE LIMIT ON BINGO GROSS PROCEEDS TO BE A QUARTERLY AVERAGE AND CLARIFY WHAT CONSTITUTES A SEPARATE OFFENSE FOR UNPAID TAXES, AND ALLOW PROMOTIONS OF SPECIAL EVENTS DURING A SESSION NOT INCLUDED IN TOTAL PAYOUTS AND PROVIDE THE RESTRICTIONS ON THESE PROMOTIONS; TO AMEND SECTION 12-21-4020, RELATING TO THE VARIOUS CLASSES OF THE BINGO LICENSE, SO AS TO INCREASE FROM THREE TO FIVE GAMES A WEEK THE GAMES THAT MAY BE CONDUCTED BY A CLASS B LICENSEE; TO AMEND SECTIONS 12-21-4080 AND 12-21-4090, RELATING TO THE DISTRIBUTION OF BINGO PROCEEDS AND BINGO BANK ACCOUNTS, SO AS TO PROVIDE FOR SESSION DEPOSITS AND TO ALLOW THE DEPOSIT OF LOAN PROCEEDS TO COVER A DEFICIT; TO AMEND SECTION 12-21-4120, RELATING TO THE RIGHT TO A CONFERENCE FOLLOWING A VIOLATION, SO AS TO AUTHORIZE ADVISING RULINGS ON ACTS CONSTITUTING VIOLATIONS AND STAY ENFORCEMENT PENDING THE RULING; TO AMEND SECTION 12-21-4210, RELATING TO THE SALE OR TRANSFER OF BINGO CARDS, SO AS TO ALLOW THE RETURN OF PAPERS FOR CREDIT AGAINST AN OUTSTANDING VOUCHER; TO AMEND SECTION 12-21-4270, RELATING TO THE APPLICATION TO OBTAIN BINGO CARDS, SO AS TO AUTHORIZE PAYMENT BY CHECK AND CASH AND PROVIDE THAT FOLLOWING A RETURNED CHECK, THE ORGANIZATION OR PROMOTER MUST MAKE PAYMENT USING CERTIFIED FUNDS; BY ADDING SECTIONS 12-21-4005 AND 12-21-4300 SO AS TO PROVIDE THAT THE OPERATION OF BINGO EXCLUDES MACHINES AND LOTTERY GAMES AND TO PROVIDE FOR SEVERABILITY; BY ADDING SECTION 12-2-90 SO AS TO PROVIDE FOR THE COLLECTION AND ENFORCEMENT OF THE FEE IN LIEU OF TAX; TO AMEND TITLE 2, RELATING TO THE GENERAL ASSEMBLY, BY ADDING CHAPTER 41 ESTABLISHING THE JOINT COMMITTEE ON TAXATION AND PROVIDING FOR ITS MEMBERSHIP AND DUTIES; TO AMEND SECTION 59-2-70, RELATING TO INVESTMENT AND OTHER PROCEDURES UNDER THE SOUTH CAROLINA COLLEGE INVESTMENT PROGRAM (SCCIP) WHICH ESTABLISHES A QUALIFIED PLAN FOR QUALIFIED HIGHER EDUCATION EXPENSES, SO AS TO PROVIDE THAT BENEFICIARIES MAY BE CHANGED IN ANY ACCOUNT BY AN ACCOUNT OWNER AS DESIRED TO THE EXTENT NOT PROHIBITED BY FEDERAL LAW; TO AMEND SECTION 59-2-80, RELATING TO CONTRIBUTIONS TO AND EARNINGS AND WITHDRAWALS FROM INVESTMENT ACCOUNTS UNDER THE PROGRAM, SO AS TO FURTHER PROVIDE FOR THE DEDUCTIBILITY OF CONTRIBUTIONS UNDER THE PROGRAM, AND TO PROVIDE THAT WITHDRAWALS OF THE PRINCIPAL AMOUNT OF CONTRIBUTIONS THAT ARE NOT QUALIFIED WITHDRAWALS MUST BE RECAPTURED INTO SOUTH CAROLINA INCOME SUBJECT TO TAX IN SPECIFIED CIRCUMSTANCES; BY ADDING SECTION 59-2-85 SO AS TO PERMIT STATE EMPLOYEES TO CONTRIBUTE TO THE PROGRAM THROUGH PAYROLL DEDUCTIONS, AND PERMIT THE STATE TREASURER TO ESTABLISH METHODS FOR EMPLOYEES OF PRIVATE ENTITIES TO CONTRIBUTE TO THE PROGRAM THROUGH PAYROLL DEDUCTIONS; TO AMEND SECTION 12-6-1140, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA INDIVIDUAL TAXABLE INCOME, SO AS TO FURTHER PROVIDE FOR THE DEDUCTIBILITY OF CONTRIBUTIONS TO THE SOUTH CAROLINA COLLEGE INVESTMENT PROGRAM (SCCIP) AND THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM (SCTPP); TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO THE JOB DEVELOPMENT CREDIT, SO AS TO PROVIDE FOR THE CREDIT TO BE CLAIMED AGAINST RELOCATION EXPENSES ASSOCIATED WITH A NEW NATIONAL HEADQUARTERS; TO AMEND SECTION 9-9-60, AS AMENDED, RELATING TO LEGISLATIVE RETIREMENT, SO AS TO ALLOW A MEMBER OF THE GENERAL ASSEMBLY WHO HAS ATTAINED THE AGE OF 70 OR WHO HAS THIRTY YEARS OF SERVICE TO RECEIVE A RETIREMENT BENEFIT WHILE CONTINUING TO SERVE IN THE GENERAL ASSEMBLY; TO AMEND SECTIONS 4-10-330, AS AMENDED, 4-10-340, AND 4-10-360, AS AMENDED, RELATING TO THE BALLOT QUESTION AND REVENUE USES, TAX IMPOSITION AND TERMINATION, AND REVENUE DISTRIBUTION UNDER THE CAPITAL PROJECTS SALES TAX ACT, SO AS TO SPECIFICALLY AUTHORIZE THE TAX REVENUE TO BE USED TO PAY DEBT SERVICE ON BONDS ISSUED TO FUND THE APPROVED PROJECTS, TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL COLLECT THE TAX THROUGH THE QUARTER IN WHICH THE COUNTY CERTIFIES THAT NO BONDS REMAIN OUTSTANDING, TO PROVIDE THAT THE REFERENDUM QUESTION APPROVING A PROJECT MAY BE REVISED TO INCLUDE THE PRINCIPAL AMOUNT OF THE BONDS TO BE ISSUED FOR THE PROJECT WITH THE SOURCE TO PAY THE BONDS IF THE SALES TAX REVENUE IS INSUFFICIENT, TO PROVIDE THAT A QUESTION SO REVISED CONSTITUTES AN AUTHORIZATION TO ISSUE THE BONDS, TO PROVIDE ADDITIONAL REPORTING REQUIREMENTS ON THE USES OF QUARTERLY DISTRIBUTIONS OF THESE TAX REVENUES, AND TO PROVIDE FOR THE USE OF THESE REVENUES FOR THE REPAYMENT OF BONDS WHEN THE REQUIRED REFERENDUM AND REFERENDUM APPROVAL OCCURRED BEFORE THE EFFECTIVE DATE OF THIS ACT, AND TO PROVIDE FOR AN UNINTERRUPTED IMPOSITION OF THE TAX.
ANALYSIS: This act contains miscellaneous revenue measures dealing with state and local taxes, including property taxes and changes in the various fee in lieu of tax provisions.
It also established on a permanent basis the Joint Committee on Taxation to conduct a continuing study and provide recommendation for improvements to the revenue laws. The committee consists of three members appointed by the Governor, three members appointed by the House Ways and Means Committee chairman, and three members appointed by the chairman of the Senate Finance Committee. Finally, the act makes changes in the General Assembly Retirement System by allowing members of the General Assembly who have attained the age of seventy or who have at least twenty-five years of credited service to receive a retirement benefit from the system while continuing to serve. Members electing to receive benefits while continuing to serve are ineligible to receive the constitutionally mandated salary provided legislators.
(A335, R447, S1047) Effective: 7/1/02
Alcoholic beverages, sampling and discounts
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1035 SO AS TO PERMIT THE SAMPLING OF WINES CONTAINING OVER SIXTEEN PERCENT BY VOLUME OF ALCOHOL, CORDIALS, AND OTHER DISTILLED SPIRITS SOLD IN A RETAIL ALCOHOLIC LIQUOR STORE UNDER CERTAIN CONDITIONS; AND TO ADD SECTION 61-6-1560 SO AS TO PROVIDE THAT A RETAIL DEALER, WHOLESALER, OR PRODUCER MAY OFFER DISCOUNTS ON ALCOHOLIC LIQUORS OR NONALCOHOLIC ITEMS THROUGH THE USE OF PREMIUMS, COUPONS, OR STAMPS REDEEMABLE BY MAIL.
ANALYSIS: This act first permits the sampling of wines containing over sixteen percent by volume of alcohol, cordials, and other distilled spirits sold in a retail alcoholic liquor store is authorized if the sampling is conducted as follows:
(1) No sample may be offered from more than four products at any one time.
(2) No more than one bottle of each of the four products to be sampled may be opened.
(3) The sampling must be held in a designated tasting area of the retail liquor store and all open bottles must be visible at all times. All open bottles must be removed at the conclusion of the tasting.
(4) Samples must be less than one-half ounce for each product sampled.
(5) No person may be served more than one sample of each product.
(6) No sampling may be offered for longer than four hours.
(7) At least ten days before the sampling, a letter detailing the specific date and hours of the sampling must be mailed first class to the South Carolina Law Enforcement Division.
(8) No sample may be offered to, or allowed to be consumed by, an intoxicated person or a person under the age of twenty-one years. This person must not be allowed to loiter on the store premises.
(9) The tastings must be conducted by the manufacturer or an agent of the manufacturer, and must not be conducted by a wholesaler, retailer, or employee of a wholesaler or retailer.
(10) No retail alcoholic liquor store may offer more than one sampling per day.
The act next provides that a retail dealer, wholesaler, or producer may offer discounts on alcoholic liquors or nonalcoholic items through the use of premiums, coupons, or stamps redeemable by mail.
(A336, R456, H3601) Effective: 7/1/02
Real estate; property taxation on vacation rental property purchased as residence; Residential Property Condition Disclosure Act; South Carolina Vacation Rental Act; landlord and tenant responsibilities for utilities, water, etc.
TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF PROPERTY SUBJECT TO AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE PURCHASE OF A PRIMARY RESIDENCE SUBJECT TO VACATION RENTAL OF NO MORE THAN NINETY DAYS MAY APPLY FOR THE FOUR PERCENT TAX ASSESSMENT APPLICABLE TO LEGAL RESIDENCES WHICH APPLIES RETROACTIVELY TO THE DATE OF ACQUIRING OWNERSHIP IF THE OWNER OCCUPIED THE RESIDENCE WITHIN NINETY DAYS OF SUCH ACQUISITION; TO AMEND TITLE 27, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 50 BY ENACTING THE RESIDENTIAL PROPERTY CONDITION ACT AND THE SOUTH CAROLINA VACATION RENTAL ACT SO AS TO REQUIRE A WRITTEN PROPERTY CONDITION DISCLOSURE STATEMENT UPON THE SALE OF CERTAIN RESIDENTIAL PROPERTY, TO PROVIDE EXEMPTIONS FROM THIS REQUIREMENT, TO IMPOSE DUTIES ON OWNERS AND REAL ESTATE LICENSEES IN REGARD TO THESE REQUIREMENTS, TO REGULATE THE BUSINESS OF RENTAL MANAGEMENT OF VACATION TIME RENTAL PROPERTY, TO PROVIDE DEFINITIONS AND EXCEPTIONS WITH REGARD TO THIS REGULATION, TO PROVIDE FOR THE STATUS OF VACATION RENTALS ON TRANSFERRED PROPERTY AND THE RIGHTS OF PARTIES TO SUCH TRANSFERS, TO PROVIDE THAT A TENANT IN POSSESSION OF PROPERTY UNDER A VACATION RENTAL IS SUBJECT TO A MANDATORY EVACUATION ORDER, AND TO PROVIDE SANCTIONS FOR VIOLATIONS; AND TO ADD SECTION 27-33-50 SO AS TO PROVIDE THAT UNLESS OTHERWISE AGREED TO IN WRITING A TENANT IS RESPONSIBLE FOR UTILITIES, WATER, SEWERAGE, AND GARBAGE SERVICE AND TO PROHIBIT ENTITIES PROVIDING THESE SERVICES FROM REQUIRING A LANDLORD TO EXECUTE AN AGREEMENT ASSUMING THESE RESPONSIBILITIES OR FROM DISCONTINUING SERVICE IF A LANDLORD REFUSES TO EXECUTE SUCH AN AGREEMENT.
ANALYSIS: This act revises the classification of property subject to ad valorem taxation by providing that the purchase of a primary residence that is subject to vacation rental of no more than ninety days may apply for the four percent tax assessment applicable to legal residences and that this classification applies retroactively to the date of acquiring ownership if the owner occupies the residence within ninety days of acquiring the property.
Additionally, this legislation enacts the “Residential Property Condition Act” which requires a written property condition disclosure statement to be given upon the sale of certain residential property, it provides exemptions from this requirement, and it imposes duties on owners and real estate licensees in regard to these requirements.
The legislation also enacts the “South Carolina Vacation Rental Act” which regulates the business of rental management of vacation rental property among the regulation provided is defining what vacation rentals are and providing exceptions to this as well as defining the status of vacation rentals on transferred property and the rights of parties in these transfers, including that a tenant in possession of property under a vacation rental is subject to a mandatory evacuation order and the act provides sanctions for violations.
Finally, the act provides that unless otherwise agreed to in writing a tenant is responsible for utilities, water, sewage, and garbage service and the act prohibits entities providing these services from requiring a landlord to execute an agreement assuming these responsibilities or from discontinuing service if a landlord refuses to execute such an agreement.
(A337, R459, H3817) Effective: 7/1/02
Nurses; provisions for trained, unlicensed persons to give medications; definitions added; activities chapter may not prohibit
TO AMEND SECTION 40-33-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE LICENSURE AND REGULATION OF NURSES, SO AS TO DEFINE “ATTENDANT CARE SERVICES”, HEALTH MAINTENANCE ACTIVITIES”, AND “INDIVIDUAL IN NEED OF IN-HOME CARE”; AND TO AMEND SECTION 40-33-50, RELATING TO CIRCUMSTANCES TO WHICH THE CHAPTER DOES NOT APPLY, SO AS TO PROVIDE THAT THE CHAPTER MAY NOT BE CONSTRUED TO PROHIBIT A PERSON NOT LICENSED UNDER THIS CHAPTER FROM PROVIDING ATTENDANT CARE SERVICES TO AN INDIVIDUAL IN NEED OF IN-HOME CARE OR FROM PERFORMING ACTS WHICH A PERSON WOULD NORMALLY PERFORM IF ABLE TO DO SO.
ANALYSIS: This act clarifies that certain persons are exempt from nursing licensure if they are providing basic in-home services to others. If defines these services as basic and ancillary services that enable an individual in need of in-home care to live in the individual’s home and community rather than in an institution and to carry out functions of daily living self-care, and mobility.
(A338, R430, H4583) Effective: 7/1/02
Health insurance mandates
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-285 SO AS TO ESTABLISH A TASK FORCE TO CONDUCT A COMPREHENSIVE REVIEW OF HEALTH INSURANCE MANDATES IN SOUTH CAROLINA AND TO ISSUE A FINAL REPORT TO THE GENERAL ASSEMBLY NO LATER THAN JANUARY 1, 2005, AND UNTIL SUCH TIME AS THE TASK FORCE SUBMITS ITS FINAL REPORT, MANDATED HEALTH BENEFITS BEYOND THOSE REQUIRED AS OF JANUARY 1, 2002 MAY BE IMPOSED ONLY AFTER REVIEW BY THE TASK FORCE.
ANALYSIS: This act establishes a task force to study the issue of health insurance mandates and restricts the imposition of new mandated health benefits beyond those required as of January 1, 2002.
(A339, R428, H4416) Effective: 7/2/02
Emergency; terrorism; weapon; communication; health; public safety; SLED; crimes; civil remedy; constables; workers’ compensation; information; disclosure; computer crimes; unfair trade practices; charitable; disease; reporting; health; civil remedies; DHEC; infectious waste
TO ENACT THE SOUTH CAROLINA HOMELAND SECURITY ACT INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 1-3-420, RELATING TO PROCLAMATION OF EMERGENCY BY THE GOVERNOR, SO AS TO INCLUDE A PUBLIC HEALTH EMERGENCY; TO AMEND CHAPTER 11, TITLE 1, RELATING TO THE STATE BUDGET AND CONTROL BOARD, BY ADDING SECTION 1-11-435 SO AS TO PROVIDE FOR PROTECTION OF THE STATE’S CRITICAL INFORMATION AND BY ADDING SECTION 1-11-770 SO AS TO PROVIDE FOR THE SOUTH CAROLINA 211 NETWORK TO COORDINATE INFORMATION AND REFERRALS FOR HEALTH AND HUMAN SERVICES STATEWIDE; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 6, RELATING TO SPECIAL PURPOSE DISTRICTS, BY ADDING SECTION 6-11-340 SO AS TO PROVIDE FOR PROTECTION AND POLICING OF FACILITIES OWNED BY SPECIAL PURPOSE DISTRICTS; TO AMEND SECTION 14-7-1630, AS AMENDED, RELATING TO JURISDICTION OF THE STATE GRAND JURY, SO AS TO PROVIDE FOR JURISDICTION OVER COMPUTER CRIMES AND TERRORISM AND TO DEFINE “TERRORISM”; TO AMEND SECTION 16-7-10, RELATING TO ILLEGAL ACTS DURING A STATE OF EMERGENCY, SO AS TO INCLUDE THE MISLEADING USE OF THE EMERGENCY TO RAISE CONTRIBUTIONS OF MONEY OR SERVICES; TO AMEND SECTION 16-16-10, AS AMENDED, RELATING TO DEFINITIONS FOR COMPUTER CRIME OFFENSES, SO AS TO FURTHER DEFINE “COMPUTER”, “COMPUTER HACKING”, AND “COMPUTER CONTAMINANT”; TO AMEND SECTION 16-16-20, AS AMENDED, RELATING TO PENALTIES FOR COMPUTER CRIME OFFENSES, SO AS TO REDUCE THE FIRST DEGREE PENALTY TO FIFTY THOUSAND DOLLARS OR FIVE YEARS, OR BOTH, TO REQUIRE THE VICTIM’S LOSS TO EXCEED TEN THOUSAND DOLLARS INSTEAD OF FIVE THOUSAND, AND TO PROVIDE FOR SEPARATE OFFENSES; TO AMEND SECTION 16-16-25, AS AMENDED, RELATING TO CIVIL REMEDIES FOR COMPUTER CRIME OFFENSES, SO AS TO PROVIDE FOR ATTORNEY’S FEES; TO AMEND SECTION 16-16-30, AS AMENDED, RELATING TO VENUE FOR COMPUTER CRIME OFFENSES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND ARTICLE 7, CHAPTER 23, TITLE 16, RELATING TO BOMBS, DESTRUCTIVE DEVICES, AND WEAPONS OF MASS DESTRUCTION, SO AS TO, AMONG OTHER THINGS, DEFINE “TERRORISM”, TO FURTHER DEFINE “WEAPON OF MASS DESTRUCTION”, TO MAKE IT A FELONY TO USE A WEAPON OF MASS DESTRUCTION IN AN ACT OF TERRORISM AND TO PROVIDE PENALTIES, INCLUDING DEATH, TO MAKE IT A FELONY TO THREATEN THE USE OF A DESTRUCTIVE DEVICE OR TO HARBOR A PERSON WHO USES OR THREATENS THE USE OF A DESTRUCTIVE DEVICE AND TO PROVIDE PENALTIES, AND TO REQUIRE REPORTING BY LOCAL LAW ENFORCEMENT TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION (SLED) OF WEAPONS OF MASS DESTRUCTION; TO AMEND TITLE 17, RELATING TO CRIMINAL PROCEDURES, BY ADDING CHAPTER 30 SO AS TO PROVIDE, AMONG OTHER THINGS, THE PROTOCOL FOR INTERCEPTION OF WIRE, ELECTRONIC, OR ORAL COMMUNICATIONS, TO SPECIFY UNLAWFUL ACTS OF COMMUNICATION INTERCEPTION, TO REQUIRE A COURT ORDER INITIATED BY SLED OR A CERTIFICATION TO OBTAIN INFORMATION, FACILITIES, OR TECHNICAL ASSISTANCE TO INTERCEPT COMMUNICATIONS AND TO SPECIFY REQUIREMENTS FOR OBTAINING THE ORDER, TO MAKE IT UNLAWFUL TO POSSESS OR TO SELL A COMMUNICATION INTERCEPTING DEVICE, TO PROVIDE THAT INTERCEPTED COMMUNICATIONS MAY NOT BE USED AS EVIDENCE UNLESS OBTAINED AS AUTHORIZED OR OTHERWISE DISCLOSED, TO PROVIDE THAT A VIOLATION OF THE PROVISIONS IS A FELONY AND TO PROVIDE PENALTIES, AND TO PROVIDE FOR CIVIL REMEDIES FOR A PERSON HARMED BY A VIOLATION OF THE PROVISIONS, TO AMEND SECTION 25-1-420, AS AMENDED, RELATING TO THE SOUTH CAROLINA EMERGENCY MANAGEMENT DIVISION, SO AS TO ESTABLISH THE URBAN SEARCH AND RECOVERY TEAM; TO AMEND SECTION 25-1-440, RELATING TO POWERS OF THE GOVERNOR IN AN EMERGENCY, SO AS TO PROVIDE FOR THE PUBLIC HEALTH EMERGENCY PLAN COMMITTEE TO ADVISE HIM ON THE DECLARATION OF A PUBLIC HEALTH EMERGENCY; TO AMEND SECTION 30-4-20, RELATING TO DEFINITIONS FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT (FOI), SO AS TO PROVIDE THAT INFORMATION REGARDING THE SECURITY PLAN OF A PUBLIC BODY IS NOT OPEN TO THE PUBLIC; TO AMEND SECTION 30-4-40, RELATING TO MATTERS EXEMPT FROM FOI DISCLOSURE, SO AS TO INCLUDE INTERCEPTED WIRE, ELECTRONIC, OR ORAL COMMUNICATIONS NOT DISCLOSED IN TRIAL AND STRUCTURAL BRIDGE PLANS; TO AMEND SECTION 33-56-120, AS AMENDED, RELATING TO MISREPRESENTATIONS PROHIBITED IN CHARITABLE SOLICITATIONS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO MAKE A MISREPRESENTATION IN CONNECTION WITH AN EMERGENCY SO AS TO SOLICIT CONTRIBUTIONS; TO AMEND ARTICLE 1, CHAPTER 5, TITLE 39, RELATING TO THE SOUTH CAROLINA UNFAIR TRADE PRACTICES ACT, BY ADDING SECTION 39-5-145 SO AS TO PROHIBIT THE RENTAL AND SALE OF ESSENTIAL COMMODITIES AND RENTAL AND LEASE OF DWELLING UNITS, INCLUDING MOTEL OR HOTEL UNITS OR OTHER TEMPORARY LODGING, OR SELF-STORAGE FACILITIES AT AN UNCONSCIONABLE PRICE DURING AND WITHIN THE AREA OF A DECLARED STATE OF EMERGENCY OR DISASTER, TO DEFINE “COMMODITY” AND “UNCONSCIONABLE PRICE”, TO ESTABLISH EVIDENTIARY STANDARDS FOR ACTIONS BROUGHT PURSUANT TO THESE PROVISIONS OR LOCAL ORDINANCES, AND TO PROVIDE FOR A CRIMINAL PENALTY OF A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS FOR A WILFUL VIOLATION OF THESE PROVISIONS; BY ADDING SECTION 39-5-147 SO AS TO PROHIBIT THE USE OF A MISLEADING PRACTICE OR DEVICE FOR THE SOLICITATION OF CONTRIBUTIONS OR THE SALE OF GOODS OR SERVICES FOR CHARITABLE PURPOSES IN CONNECTION WITH A DECLARED STATE OF EMERGENCY OR DISASTER, TO PROVIDE FOR A CRIMINAL PENALTY OF A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS FOR A WILFUL VIOLATION OF THESE PROVISIONS; BY ADDING SECTION 39-5-149 SO AS TO PROVIDE FOR REGISTRATION OF AN AGENT FOR NOTIFICATION OF DECLARATION OR TERMINATION OF STATE OF EMERGENCY; TO AMEND SECTION 44-1-80, RELATING TO THE DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL (DHEC) AS TO COMMUNICABLE OR EPIDEMIC DISEASES, SO AS TO PROVIDE FOR REPORTS AND NOTICE OF A PUBLIC HEALTH EMERGENCY; TO AMEND SECTION 44-1-100, RELATING TO ASSISTANCE FROM LOCAL HEALTH OFFICERS, SO AS TO PROVIDE SPECIFICALLY FOR ENFORCEMENT ASSISTANCE IN A PUBLIC HEALTH EMERGENCY; TO AMEND TITLE 44, RELATING TO HEALTH, BY ADDING CHAPTER 4 SO AS TO ENACT THE EMERGENCY HEALTH POWERS ACT TO PROVIDE FOR DETECTION, PROTECTION, AND MANAGEMENT IN A PUBLIC HEALTH EMERGENCY, TO PROVIDE DEFINITIONS, TO PROVIDE SPECIAL EMERGENCY POWERS FOR DHEC AND THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AND TO PROTECT INDIVIDUAL PERSONAL AND PROPERTY RIGHTS; TO AMEND SECTION 44-29-10, RELATING TO REPORTS TO DHEC, SO AS TO REQUIRE REPORTS FROM HEALTH PROVIDERS, CORONERS, MEDICAL EXAMINERS, PHARMACISTS, AND ANY PERSON WITH A PERTINENT DATABASE AND TO SPECIFY THE CONDITIONS GIVING RISE TO A PUBLIC HEALTH EMERGENCY INCLUDING DISEASE, INFECTION, AND TERRORISM; TO AMEND SECTION 44-93-40, RELATING TO DHEC POWERS IN CONNECTION WITH INFECTIOUS WASTE, SO AS TO PROVIDE FOR EXTRAORDINARY POWERS OF DISPOSAL DURING A PUBLIC HEALTH EMERGENCY; TO AMEND CHAPTER 7, TITLE 46, RELATING TO CLEMSON UNIVERSITY, BY ADDING SECTION 46-7-100 SO AS TO REQUIRE REPORTING OF ANIMAL DISEASE, INFECTION, AND TERRORISM BY A PERSON HAVING THE CARE OF ANIMALS; TO AMEND CHAPTER 9, TITLE 46, RELATING TO THE STATE CROP PEST COMMISSION, BY ADDING SECTION 46-9-120 SO AS TO REQUIRE REPORTING OF CROP DISEASE, PEST, AND TERRORISM BY A PERSON RESPONSIBLE FOR CROP PRODUCTION OR PROCESSING; TO AMEND SECTION 30-4-40, RELATING TO EXEMPTIONS FROM DISCLOSURE UNDER THE FOI ACT, SO AS TO INCLUDE INFORMATION REGARDING PROTECTIONS OF SAFEGUARDS AND OFF-SITE CONSEQUENCE ANALYSIS; TO AMEND CHAPTER 4, TITLE 30, RELATING TO THE FOI ACT, SO AS TO PROVIDE FOR REGULATION BY APPROPRIATE AGENCY DIRECTORS OF ACCESS TO INFORMATION REGARDING PROTECTIONS OF SAFEGUARDS AND OFF-SITE CONSEQUENCE ANALYSIS SUBJECT TO FEDERAL LAW; TO AMEND SECTION 40-18-30, RELATING TO POWERS AND DUTIES OF SLED AS TO SECURITY BUSINESSES, SO AS TO PROVIDE THAT SLED FORWARD AN APPLICANT’S FINGERPRINT CARD TO THE FEDERAL BUREAU OF INVESTIGATION FOR A NATIONWIDE CRIMINAL CHECK; TO AMEND SECTION 40-18-15, RELATING TO A SECURITY BUSINESS LICENSE, SO AS TO DELETE A PRIVATE RIGHT OF ACTION AGAINST THE LICENSEE’S SURETY BOND; TO AMEND SECTION 40-18-70, RELATING TO A PRIVATE INVESTIGATION LICENSE, SO AS TO DELETE A PRIVATE CAUSE OF ACTION AGAINST THE LICENSEE’S SURETY BOND, TO PROVIDE FOR IN A LICENSEE WHO HAS MAINTAINED HIS LICENSE CONTINUALLY SINCE ITS INITIAL AWARD, AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 40-18-100, RELATING TO A SECURITY WEAPONS PERMIT, SO AS TO REQUIRE THE SUBMISSION OF A FINGERPRINT CARD BY THE APPLICANT FOR A NATIONAL CRIMINAL RECORDS CHECK; TO AMEND SECTION 42-1-130, RELATING TO THE DEFINITION OF “EMPLOYEE” FOR PURPOSES OF WORKERS’ COMPENSATION, SO AS TO INCLUDE A VOLUNTEER STATE CONSTABLE AS A STATE EMPLOYEE; TO AMEND SECTION 42-7-65, RELATING TO THE AVERAGE WEEKLY WAGE FOR PURPOSES OF WORKERS’ COMPENSATION, SO AS TO PROVIDE FOR APPROVED VOLUNTEER STATE CONSTABLES; TO AMEND SECTION 16-8-10, AS AMENDED, RELATING TO TEACHING THE USE OF OR THE CONSTRUCTION OF A DESTRUCTIVE DEVICE, SO AS TO CONFORM THE DEFINITION TO INCLUDE A WEAPON OF MASS DESTRUCTION; TO AMEND SECTION 56-5-5015, AS AMENDED, RELATING TO THE REGULATION OF SUNSCREEN DEVICES ON A MOTOR VEHICLE, SO AS TO CREATE AN EXCEPTION FOR A LAW ENFORCEMENT VEHICLE REGULARLY USED TO TRANSPORT A TRAINED DOG; TO AMEND CHAPTER 1, TITLE 23, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING SECTION 23-1-230 SO AS TO CREATE THE FIRST RESPONDERS ADVISORY COMMITTEE TO STUDY AND REPORT ON THE NEEDS OF FIRST RESPONDERS TO EMERGENCIES; AND TO REPEAL SECTION 56-1-150 RELATING TO EXEMPTIONS FROM THE REQUIREMENT OF A PHOTOGRAPH ON A DRIVER’S LICENSE.
ANALYSIS: This act makes comprehensive provisions for a state of emergency arising from an act of terrorism, and the title is self-explanatory.
(A340, R432, H4944) Effective: 7/4/02
Fertilizers; restricted fertilizer defined, permits, penalties; certification program; program requirements; training and certification for animal waste management; pollution and flooding liability
TO AMEND SECTION 46-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ASSOCIATED WITH FERTILIZERS, BY ADDING A DEFINITION OF “RESTRICTED FERTILIZER”; TO AMEND SECTION 46-25-210, AS AMENDED, RELATING TO REGISTRATION OF FERTILIZER, SO AS TO PROVIDE FOR FERTILIZER DISTRIBUTOR PERMITS, TO PROVIDE FOR GENERAL AND RESTRICTED FERTILIZER PERMITS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; AND TO AMEND SECTION 46-25-1170, RELATING TO CIVIL PENALTIES IN ADDITION TO OTHER PENALTIES, SO AS TO INCLUDE THE DENIAL, REVOCATION, OR MODIFICATION OF CERTAIN PERMITS WITHIN THE SECTION; TO AMEND SECTION 46-25-810, AS AMENDED, RELATING TO INSPECTION TAX AND TONNAGE REPORTS ON FERTILIZER, SO AS TO PROVIDE THAT REGISTRANTS OR GUARANTORS WHO DISTRIBUTE OR SELL COMMERCIAL FERTILIZER IN SOUTH CAROLINA SHALL PAY INSPECTION TAX TO THE DIVISION RATHER THAN THE STATE TREASURER; TO AMEND CHAPTER 45, TITLE 46, RELATING TO NUISANCE SUITS ARISING FROM AGRICULTURAL OPERATIONS, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE, THAT NO ESTABLISHED AGRICULTURAL FACILITY OR AGRICULTURAL OPERATION IS OR BECOMES A NUISANCE BY CHANGED CONDITIONS IN OR ABOUT THE FACILITY OR OPERATION; TO AMEND SECTION 56-3-670, AS AMENDED, RELATING TO FEES FOR FARM TRUCK LICENSES, SO AS TO PROVIDE THAT “FARM TRUCK” INCLUDES A TRUCK TRANSPORTING FARM PROCESSED HORTICULTURAL PRODUCTS, INCLUDING SOIL AMENDMENTS AND MULCHES, OTHER THAN FIRST MARKET; TO AMEND SECTION 46-40-60, RELATING TO SCHEDULES FOR REMITTING ASSESSMENTS, SO AS TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE MAY SUSPEND GRAIN DEALERS’ LICENSES ON FAILURE TO TIMELY REMIT CERTAIN PAYMENTS; TO AMEND SECTION 46-41-130, RELATING TO PROCEDURES FOR REFUSAL, SUSPENSION, OR REVOCATION OF LICENSES, SO AS TO INCLUDE SUSPENSIONS OR REVOCATIONS OF GRAIN DEALERS’ LICENSES FOR FAILURE TO PAY CERTAIN ASSESSMENTS WITHIN THE PROVISIONS OF THIS SECTION; TO AMEND CHAPTER 7, TITLE 46, RELATING TO CLEMSON UNIVERSITY, BY ADDING SECTION 46-7-100 SO AS TO PROVIDE THAT CLEMSON UNIVERSITY, IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SHALL CREATE A TRAINING AND CERTIFICATION PROGRAM FOR OWNERS OR OPERATORS OF CERTAIN ANIMAL FACILITIES, AND TO PROVIDE THAT OPERATORS OF ANIMAL FACILITIES AND WASTE UTILIZATION AREAS MUST BE TRAINED AND CERTIFIED ON THE OPERATION OF ANIMAL WASTE MANAGEMENT UNDER THE PROGRAM; TO AMEND SECTION 46-45-50, RELATING TO LIABILITY FOR POLLUTION AND FLOODING IN CERTAIN SUITS RELATED TO AGRICULTURAL OPERATIONS, SO AS TO PROVIDE THAT THE PROVISIONS OF 46-45-70 DO NOT AFFECT OR DEFEAT THE RIGHT OF A PERSON TO RECOVER DAMAGES FOR ANY INJURIES OR DAMAGES SUSTAINED BY HIM BECAUSE OF POLLUTION OF, OR CHANGE IN CONDITION OF, THE WATERS OF A STREAM OR BECAUSE OF AN OVERFLOW ON HIS LANDS; AND TO REPEAL SECTION 59-119-130 OF THE 1976 CODE.
ANALYSIS: This act amends Section 46-25-20 to define “restricted fertilizer”; amends Section 46-25-210 to provide for general and restricted fertilizer distributor permits, to provide for general and restricted fertilizer permits, and to provide penalties for violations of this section; amends Section 46-25-1170 to include the denial, revocation, or modification of certain permits within the section; amends Section 46-25-810 so as to provide that registrants or guarantors who distribute or sell commercial fertilizer in South Carolina shall pay inspection tax to the division rather than the State Treasurer; adds Section 46-45-70 so as to provide that no established agricultural facility or agricultural operation is or becomes a nuisance by changed conditions in or about the facility or operation; amends Section 56-3-670 so as to provide that the “farm truck” includes a truck transporting farm processed horticultural products, including soil amendments and mulches, other than first market; amends Section 46-40-60 so as to provide that the Department of Agriculture may suspend grain dealers’ licenses for failure to timely remit certain payments; amends Section 46-41-130 so as to include suspensions or revocations of grain dealers’ licenses for failure to pay certain assessments within the provisions of this section; adds Section 46-7-100 so as to provide that Clemson University shall create a training and certification program for owners or operators of certain animal facilities, and to provide that operators of animal facilities and waste utilization areas must be trained and certified for the operation of animal waste management under the program; amends Section 46-45-50 so as to provide that the provisions of 46-45-70 do not affect liability for pollution or change in conditions of waters of a stream or because of flooding; and repeals Section 59-119-130.
(A341, R438, S12) Effective: 7/1/02
Charter schools, revisions
TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO FURTHER PROVIDE FOR THE ORGANIZATION, OPERATION, AND GOVERNANCE OF CHARTER SCHOOLS.
ANALYSIS: The General Assembly in this act revised the manner in which charter schools are operated, organized, and governed. Among the major changes are provisions that:
(1) require a racial quota of twenty of the school district or of the targeted student population, but allow for a variance if it is found that the charter committee is not operating in a discriminatory manner;
(2) clarify that the charter school applicant is not required to provide a list of prospective or tentatively enrolled students or prospective employees with the application;
(3) establish a Charter School Advisory Committee to review charter applications for compliance with established standards that reflect the requirements and intent of the chapter;
(4) create an advisory committee made up of eleven members:
(a) two from SC Association of Public Charter Schools;
(b) one from SC Association of School Administrators;
(c) two from SC Chamber of Commerce;
(d) one from SC Education Oversight Committee;
(e) one from SC Commission on Higher Education;
(f) one from SC School Boards Association;
(g) one from SC Alliance of Black Educators;
(h) one teacher appointed by State Superintendent of Education;
(i) one parent appointed by State Superintendent of Education;
(5) provide that an advisory committee will have two ex-officio nonvoting members to represent the local school board of trustees and the charter committee of the affected school district;
(6) provide that an advisory committee will:
(a) give consideration to the appointment of minorities and women as representatives on the committee;
(b) convene on or before July 1, 2002, at the call of the State Superintendent of Education;
(c) elect chairman and other officers it deems necessary;
(d) establish by-laws to include terms of office; and
(e) have sixty days to rule on application compliance;
(7) provide that local board of trustees will have thirty days to approve or disapprove application once letter of compliance is received from the advisory committee.
(8) require the State Board of Education to define “adverse affects” in regulation;
(9) clarify that in a school seeking conversion, parents or guardians of students in the school shall have one vote for each student enrolled;
(10) call for the establishment of a state reserve fund beginning 2003-04 to provide to the local school district the first year of a charter school’s operation the base student cost times a 1.0 weighted pupil unit for each student enrolled in the charter school who was enrolled in another noncharter public school in the district the previous school year;
(11) require an impact study conducted by the State Board of Education two years after the implementation of the Charter School Advisory Committee review process to determine the effectiveness of the application process;
(12) require the State Board of Education to develop:
(a) standards that the Charter School Advisory Committee will use to determine compliance, and
(b) a timeline for submission of applications so that the application process is complete by December first of the year preceding the charter school’s opening;
(13) provide that charter school applications scheduled to open prior to December 1, 2003, would not send their application for review by the Advisory Committee.
(A342, R443, S379) Effective: 7/4/02
Revision of the Marine Resources Act
TO AMEND SECTION 50-5-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, BY ADDING DEFINITIONS OF “SKIM-BOW NET” AND “STRETCH”, AND BY AMENDING THE DEFINITIONS OF “ANADROMOUS”, “DREDGE”, “HERRING”, “PEELER TRAP”, “STRIKER”, AND “TRAWLING”; TO AMEND CHAPTER 5, TITLE 50, RELATING TO MARINE RESOURCES, BY ADDING SECTION 50-5-32 SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES HAS AUTHORITY TO CLOSE FISHING SEASONS, AREA, OR ACTIVITIES IN THE SALT WATERS OF THIS STATE WHEN AN EMERGENCY EXISTS; TO AMEND SECTION 50-5-35, RELATING TO NOTICE OF OPENING AND CLOSING OF COMMERCIAL FISHING SEASONS, SO AS TO EXEMPT EMERGENCY CLOSINGS FROM THE TWENTY-FOUR HOUR NOTICE REQUIREMENTS OF THIS SECTION; TO AMEND SECTION 50-5-65, RELATING TO SEIZURE AND DISPOSITION OF CONTRABAND, SO AS TO PROVIDE THAT CERTAIN PERISHABLE ITEMS SEIZED, THE SALE OF WHICH IS NOT ILLEGAL PER SE, MAY BE DONATED TO A NONPROFIT ENTITY OR DESTROYED IN THE DISCRETION OF THE DEPARTMENT, THAT PERISHABLE ITEMS SEIZED THE SALE OF WHICH IS ILLEGAL ONLY BECAUSE OF THE PLACE, MANNER, OR METHOD BY WHICH IT WAS SEIZED MUST BE SOLD, TO PROVIDE FOR RETENTION OF THE PROCEEDS OF PERISHABLE ITEMS SOLD UNTIL FINAL ADJUDICATION OF THE CASE, AND TO FURTHER PROVIDE THAT EACH FISH, FISHERY PRODUCT, OR PART THEREOF TAKEN, POSSESSED, OR SOLD IN VIOLATION OF THIS CHAPTER IS A SEPARATE OFFENSE; TO AMEND SECTION 50-5-70, RELATING TO THE SALE OF CONFISCATED DEVICES, SO AS TO PROVIDE THAT THE DEPARTMENT MUST SELL CONFISCATED DEVISES NOT USED OR DESTROYED BY THE DEPARTMENT; TO AMEND SECTION 50-5-120, AS AMENDED, RELATING TO BOARDING OF VESSELS BY LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT THE OPERATOR, CREW, AND PASSENGERS OF WATERCRAFT OPERATING IN THE WATERS OF THIS STATE ARE REQUIRED TO COOPERATE WITH LAW ENFORCEMENT OFFICERS OR U. S. COAST GUARD PERSONNEL; TO AMEND SECTION 50-5-300, RELATING TO COMMERCIAL SALTWATER FISHING LICENSE REQUIREMENTS FOR RESIDENTS, SO AS TO PROVIDE THAT A RESIDENT MUST OBTAIN THE LICENSE FOR THE PRIVILEGE OF SELLING, EXCHANGING, OR BARTERING FISH OR PRODUCTS TAKEN OR LANDED BY THE RESIDENT; TO AMEND SECTION 50-5-310, RELATING TO COMMERCIAL SALTWATER FISHING LICENSE REQUIREMENTS FOR NONRESIDENTS, SO AS TO PROVIDE THAT A NONRESIDENT MUST OBTAIN THE LICENSE FOR THE PRIVILEGE OF SELLING, EXCHANGING, OR BARTERING FISH OR PRODUCTS TAKEN OR LANDED BY THE RESIDENT; TO AMEND SECTION 50-5-325, RELATING TO COMMERCIAL EQUIPMENT LICENSES, FEES, AND THE TAGGING OF EQUIPMENT, SO AS TO PROVIDE THAT NO PERSON MAY HOLD OR APPLY FOR A SEPARATE LICENSE RESULTING IN AVOIDANCE OF LICENSE FEE DIFFERENTIALS, AND THAT THE DEPARTMENT MAY REQUIRE AN OWNER TO AFFIX IDENTIFICATION NUMBERS AND TAGS TO COMMERCIAL EQUIPMENT; TO AMEND SECTION 50-5-330, RELATING TO RECREATIONAL FISHING, EQUIPMENT, AND COMMERCIAL MINNOW TRAPS, BY ADDING A PROVISION TO PROVIDE FOR A PENALTY FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-5-335, RELATING TO CHANNEL NET LICENSES AND RESTRICTIONS, SO AS TO REGULATE PREFERENCES FOR LICENSES, PROVIDE THAT APPLICANTS MUST BE SIXTEEN YEARS OF AGE AND A RESIDENT OF THIS STATE, AND THAT ONLY ONE CHANNEL NET LICENSE MAY BE ISSUED TO A PERSON; TO AMEND SECTION 50-5-350, RELATING TO DISPLAY OF LICENSES, PERMITS, AND VESSEL’S IDENTIFICATION DECALS, SO AS TO REQUIRE DISPLAY OF IDENTIFICATION DECALS ON THE PORT AND STARBOARD SIDES OF A VESSEL; TO AMEND SECTION 50-5-360, RELATING TO WHOLESALE SEAFOOD DEALERS AND LICENSES, SO AS TO PROVIDE THAT A PERSON OR ENTITY WHO BUYS, HANDLES, OR SELLS LIVE OR FRESH SALTWATER FISH OR SALTWATER FISH PRODUCTS LANDED IN THIS STATE, REGARDLESS OF WHERE TAKEN, MUST OBTAIN A WHOLESALE SEAFOOD DEALER LICENSE; TO AMEND SECTION 50-5-365, RELATING TO LICENSING REQUIREMENTS APPLICABLE TO SALE OR TRANSPORTATION OF LIVE, FRESHWATER, OR SALT WATER FISHERY PRODUCT, SO AS TO PROVIDE AN EXCEPTION TO THE PENALTY PROVISION OF THIS SECTION; TO AMEND CHAPTER 5, TITLE 50, RELATING TO MARINE RESOURCES, BY ADDING SECTION 50-5-366, SO AS TO PROVIDE THAT A PERSON WHO SELLS OR OFFERS TO SELL SHRIMP MUST HAVE CERTAIN DOCUMENTS IN HIS POSSESSION AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND CHAPTER 5, TITLE 50, RELATING TO MARINE RESOURCES, BY ADDING SECTION 50-5-367, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO SELL, OFFER FOR SALE, OR PURCHASE SHRIMP TAKEN OVER BAIT; TO AMEND SECTION 50-5-370, RELATING TO PURCHASE OR REMOVAL OF SALTWATER FISHERY PRODUCTS NOT HANDLED BY A LICENSED WHOLESALE SEAFOOD DEALER FROM THIS STATE FOR COMMERCIAL PURPOSES, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO PERSONS RECEIVING LIVE BAIT FROM A LICENSED LIVE BAIT DEALER OR TO PERSONS OR ENTITIES RECEIVING CULTURED PRODUCTS FROM PERSONS THAT SOLELY PRODUCE FISH OR FISHERY PRODUCTS REARED AS OFFSPRING FROM BROOD STOCK IN CAPTIVITY; TO AMEND SECTION 50-5-505, RELATING TO NET USE REQUIREMENTS AND RESTRICTIONS, SO AS TO PROVIDE THAT NO HAUL SEINE MAY BE SET WITHIN FIVE HUNDRED YARDS OF ANY PUBLIC FISHING PIER; TO AMEND SECTION 50-5-510, RELATING TO CHANNEL NETS, SO AS TO CHANGE THE NUMBER OF BUOYS REQUIRED TO MARK CHANNEL NETS FROM ONE TO THREE AND PROVIDE FOR THEIR LOCATION, AND TO PROVIDE THAT WHEN SET, NO CHANNEL NET MAY BE UNATTENDED FOR MORE THAN TWENTY-FOUR HOURS; TO AMEND SECTION 50-5-515, RELATING TO CHANNEL NETS AND TURTLE EXCLUDER DEVICES, SO AS TO PROVIDE THAT TURTLE EXCLUDER DEVICES MUST CONFORM TO SPECIFICATIONS OF THE NATIONAL MARINE FISHERIES SERVICE FOR SOFT TURTLE EXCLUSION DEVICES; TO AMEND SECTION 50-5-520, RELATING TO CHANNEL NET VIOLATIONS, FORFEITURE OF LICENSES, AND SEIZURE OF EQUIPMENT, SO AS TO PROVIDE THAT THE SEIZURE REQUIREMENTS OF THIS SECTION DO NOT APPLY TO REQUIREMENTS RELATING TO DISTANCES FROM THE CENTERLINE OF MARKED NAVIGATION CHANNELS IF THE DISTANCE IS GREATER THAN THREE HUNDRED FEET; TO AMEND SECTION 50-5-545, RELATING TO COMMERCIAL CRAB TRAPS AND ESCAPE VENT REQUIREMENTS, SO AS TO PROVIDE FOR THE NUMBER, SIZE, AND LOCATION OF CIRCULAR ESCAPE VENTS IN COMMERCIAL CRAB TRAPS, AND TO PROVIDE AN EXEMPTION FOR PEELER TRAPS; TO AMEND SECTION 50-5-550, RELATING TO TRAP BUOY SIZES, SO AS TO PROVIDE THAT MINNOW TRAPS USED FOR COMMERCIAL PURPOSES MUST UTILIZE FLOATS NO SMALLER THAN FIVE INCHES MARKED WITH THE OPERATOR’S NAME AND BAIT DEALER LICENSE NUMBER, AND THAT NO PERSON MAY ACQUIRE MORE THAN ONE IDENTIFICATION NUMBER REQUIRED FOR EACH LICENSED COMMERCIAL SALTWATER FISHERMAN LICENSED TO FISH TRAPS; TO AMEND SECTION 50-5-710, RELATING TO RESTRICTIONS ON TRAWLING FOR SHRIMP, SO AS TO REVISE THE PENALTIES FOR UNLAWFULLY TRAWLING INSIDE AND OUTSIDE OF THE GENERAL TRAWLING ZONE; TO AMEND SECTION 50-5-715, RELATING TO TRAWLING RESTRICTION AREAS WITHIN THE GENERAL TRAWLING ZONE, SO AS TO CHANGE THE REFERENCE TO NOS CHART 11521 FROM THE 2ND EDITION TO THE 22ND EDITION AND TO STRIKE THE WORD “BECOMING”; TO AMEND SECTION 50-5-765, RELATING TO USE OF TURTLE EXCLUDER DEVICES, SO AS TO REVISE CERTAIN TURTLE EXCLUDER DEVICE SPECIFICATIONS AND TO STRIKE A PROVISION THAT CERTAIN TRAWL NETS ARE CONTRABAND; TO AMEND SECTION 50-5-960, RELATING TO RECREATIONAL SHELLFISH BOTTOM HARVESTS, SO AS TO STRIKE A PROVISION THAT NO PERSON MAY GATHER MORE THAN ONE PERSONAL LIMIT OF SHELLFISH PER DAY ON MORE THAN TWO CALENDAR DAYS PER ANY SEVEN DAY PERIOD AND INSERT A PROVISION THAT NO PERSON MAY HARVEST SHELLFISH RECREATIONALLY ON MORE THAN TWO CALENDAR DAYS PER ANY SEVEN DAY PERIOD; TO AMEND SECTION 50-5-965, RELATING TO TAKING SHELLFISH FROM BOTTOMS DESIGNATED FOR COMMERCIAL HARVEST AND INDIVIDUAL HARVESTER PERMITS, SO AS TO LIMIT THE APPLICATION OF THE SECTION TO BOTTOMS OR WATERS UNDER PERMIT FOR SHELLFISH CULTURE OR MARICULTURE, EXCLUDE COMMERCIAL FISHERMEN FROM THE APPLICATION OF THE SECTION, AND TO REVISE THE PROVISIONS RELATING TO PENALTIES FOR VIOLATIONS OF THE SECTION; TO AMEND SECTION 50-5-985, RELATING TO SETTING SEASONS FOR TAKING SHELLFISH, SO AS TO EXTEND THE PERIOD THE DEPARTMENT MAY SET THE SEASON FOR TAKING SHELLFISH FROM APRIL 15 TO MAY 15 EACH YEAR; TO AMEND SECTION 50-5-1100, RELATING TO THE TAKING OF SHRIMP, SO AS TO INCREASE THE FINE FOR A VIOLATION OF THIS SECTION FROM TWO HUNDRED DOLLARS TO A FINE OF NOT LESS THAN TWO THOUSAND DOLLARS AND NOT MORE THAN FIVE THOUSAND DOLLARS AND PROVIDE THAT EACH QUART OF SHRIMP TAKEN IN VIOLATION OF THE PROVISIONS OF THIS SECTION IS A SEPARATE OFFENSE; TO AMEND SECTION 50-5-1505, RELATING TO PROMULGATION OF REGULATIONS AS TO ZONES, CATCH LIMITS, AND RELATED MATTERS, SO AS TO STRIKE THE LANGUAGE MAKING CERTAIN PROVISIONS OF LAW EFFECTIVE UNTIL THE PROVISIONS ARE PROMULGATED AS REGULATIONS; TO AMEND CHAPTER 5, TITLE 50, RELATING TO MARINE RESOURCES, BY ADDING SECTION 50-5-1506, SO AS TO PROVIDE FOR ZONES, SEASONS, TIMES, METHODS AND EQUIPMENT, AND SIZE AND TAKE LIMITS FOR TAKING SHAD; TO AMEND CHAPTER 5, TITLE 50, RELATING TO MARINE RESOURCES, BY ADDING SECTION 50-5-1507, SO AS TO PROVIDE FOR ZONES, SEASONS, TIMES, METHODS AND EQUIPMENT, AND SIZE AND TAKE LIMITS FOR TAKING HERRING; TO AMEND CHAPTER 5, TITLE 50, RELATING TO MARINE RESOURCES, BY ADDING SECTION 50-5-1508, SO AS TO PROVIDE FOR ZONES, SEASONS, TIMES, METHODS AND EQUIPMENT, AND SIZE AND TAKE LIMITS FOR TAKING STURGEON; TO AMEND SECTION 50-5-1510, RELATING TO SPECIAL PROVISIONS FOR SHAD AND HERRING, TO PROVIDE THAT IT IS UNLAWFUL TO USE SKIM-BOW NETS WHILE OPERATING OR POSSESSING COMMERCIAL FISHING EQUIPMENT FOR TAKING SHAD OR HERRING, TO PROVIDE FOR TIMES AND CONDITIONS FOR USING SKIM-BOW NETS AND GILL NETS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-5-1515, AS AMENDED, RELATING TO SHAD HOOK AND LINE CATCH LIMITS, SO AS TO PROVIDE SKIM-BOW NET CATCH LIMITS FOR SHAD AND PROHIBIT THE SALE OF SHAD TAKEN BY SKIM-BOW NET; TO AMEND SECTION 50-5-1540, RELATING TO NET PLACEMENTS, SO AS TO PROVIDE THAT NO NET MAY BE SET WITHIN SIX HUNDRED FEET OF ANY GILL NET PREVIOUSLY SET, OR DRIFTED WITHIN SIX HUNDRED FEET OF ANOTHER DRIFTING NET; TO AMEND SECTION 50-5-1560, RELATING TO PENALTIES FOR OFFENSES FOR WHICH NO PENALTY HAS BEEN PRESCRIBED, SO AS TO STRIKE CERTAIN OBSOLETE LANGUAGE FROM THE SECTION; TO AMEND SECTION 50-5-1915, RELATING TO CHARTER FISHING VESSEL AND PUBLIC PIER LOGS, SO AS TO STRIKE “BOAT” AND INSERT “FISHING VESSEL”, REVISE CERTAIN PENALTY PROVISIONS TO INCLUDE A TERM OF IMPRISONMENT, AND PROHIBIT ISSUING CHARTER FISHING VESSEL LICENSES UNTIL THE REQUIREMENTS OF THIS SECTION ARE MET; TO AMEND SECTION 50-5-2100, RELATING TO MARICULTURE PERMITS, SO AS TO REVISE THE PROVISIONS RELATING TO MARICULTURE PERMITS, AND TO FURTHER PROVIDE THAT EACH FISH TAKEN IN VIOLATION OF THIS SECTION IS A SEPARATE OFFENSE; TO AMEND SECTION 50-5-2505, RELATING TO POINT SYSTEM ADMINISTRATION, SO AS TO DELETE AN OBSOLETE PROVISION TO THE EFFECT THAT POINTS AND PENALTIES UNDER THIS SECTION ARE IN ADDITION TO CRIMINAL PENALTIES; TO AMEND SECTION 50-5-2510, RELATING TO SUSPENSION OF SALTWATER PRIVILEGES FOR ACCUMULATION OF POINTS, SO AS TO REVISE CERTAIN LANGUAGE BY STRIKING “BOAT” AND INSERTING “FISHING VESSEL”; TO AMEND SECTION 50-5-2515, RELATING TO NOTICE AND REVIEW OF SUSPENSION OF SALTWATER PRIVILEGES, SO AS TO PROVIDE THAT THE DEPARTMENT MUST NOTIFY THE PERSON OR ENTITY IN WRITING THAT HIS SALTWATER PRIVILEGES HAVE BEEN SUSPENDED, AND TO DELETE CERTAIN OBSOLETE PROVISIONS RELATING TO REQUESTS FOR A REVIEW AFTER RECEIPT OF A NOTICE OF SUSPENSION OF SALTWATER PRIVILEGES; TO AMEND SECTION 50-5-2520, RELATING TO APPEALS, SO AS TO PROVIDE THAT REVIEW OF A SUSPENSION OF SALTWATER PRIVILEGES MUST BE IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 50-5-2725, RELATING TO SHARK CATCH LIMITS, SO AS TO DELETE AN OBSOLETE REFERENCE TO THE FISHERY MANAGEMENT PLAN FOR SHARKS OF THE ATLANTIC OCEAN; TO AMEND SECTION 50-5-2730, RELATING TO FEDERAL FISHING REGULATIONS BEING THE LAW OF THE STATE, SO AS TO INCLUDE SALES RESTRICTIONS WITHIN THE SECTION AND PROVIDE THAT THE FEDERAL REGULATIONS APPLY STATEWIDE INCLUDING IN STATE WATERS; TO AMEND SECTION 50-21-175, RELATING TO WATERCRAFT BEING REQUIRED TO HEAVE TO AND PERMIT BOARDING BY LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT THE OPERATOR, CREW, AND PASSENGERS OF ANY WATERCRAFT OPERATING IN STATE WATERS ARE REQUIRED TO COOPERATE WITH LAW ENFORCEMENT OFFICERS OR U. S. COAST GUARD PERSONNEL, AND PROVIDE THAT PASSENGERS MAY BE GUILTY OF VIOLATING THIS SECTION; TO AMEND SECTION 50-5-1330, RELATING TO HORSESHOE CRAB PERMITS, SO AS TO PROVIDE THAT EACH HORSESHOE CRAB OR PART THEREOF TAKEN IN VIOLATION OF THIS SECTION IS A SEPARATE OFFENSE; TO AMEND SECTION 50-5-1715, RELATING TO LIMITS ON TAKING DOLPHINS AND MAHIMAHI, SO AS TO PROVIDE THAT EACH FISH TAKEN IN VIOLATION OF ARTICLE 17 IS A SEPARATE OFFENSE; TO AMEND SECTION 50-5-2105, RELATING TO PERMITS FOR LICENSED WHOLESALE SEAFOOD DEALERS, SO AS TO PROVIDE THAT EACH FISH SOLD OR OFFERED FOR SALE IN VIOLATION OF THIS SECTION IS A SEPARATE OFFENSE; TO AMEND SECTION 50-5-2740, RELATING TO PENALTIES FOR VIOLATIONS OF ARTICLE 27, SO AS TO PROVIDE THAT EACH FISH, LOBSTER, OR OTHER MARINE RESOURCE TAKEN, POSSESSED, SOLD, OFFERED FOR SALE, PURCHASED, OR ATTEMPTED TO BE SOLD, PURCHASED, BROUGHT TO THE DOCK, OR LANDED IN VIOLATION OF THIS ARTICLE IS A SEPARATE OFFENSE; AND TO REPEAL SECTION 50-5-2735 OF THE 1976 CODE.
ANALYSIS: This act is a substantial revision of the Marine Resources Act. Among the revised general provisions are added or revised definitions of “skim-bow net”, “stretch”, “anadromous”, “dredge”, “herring”, “Peeler trap”, “striker” and “trawling”. The Department of Natural Resource’s authority to open and close certain seasons, areas, and activities in emergencies is expanded, provision is made for sale or disposition of seized perishable items and confiscated devices, and operators, crew, and passengers of watercraft are required to cooperate with law enforcement and U. S. Coast Guard personnel. Certain licensing and permit provisions are revised. Provisions relating to the use of certain fishing equipment, haul seines, channel nets and buoys, turtle excluder devices, and crag traps, are revised. Trawling zones and penalties for unlawful trawling are revised. Specifications for turtle excluder devices are revised. Provisions for seasons and taking shellfish and shellfish bottom harvesting, including penalties for certain violations, are revised. Provisions relating to shrimp are revised and now include substantial fines for taking, possession or selling shrimp unlawfully. Provisions relating to taking shad, herring, and sturgeon are now contained in separate sections of the Code, with revisions as to certain zones, seasons, times, methods and equipment allowed to be used, size and take limits, and penalties for certain offenses. Mariculture provisions and penalties are revised. Point system administration, and procedures relating to suspension of saltwater privileges are revised. Certain federal regulations relating to fishing and sharks are declared to be the law of the State. Several penalty provisions relating to unlawful taking, possession, or sale of fish, crabs, or other marine resources are enhanced by language defining what constitutes a separate offense. Finally, the act repeals Section 50-5-2735 that stated federal spiny lobster regulations were the law of this State.
(A343, R454, H3372) Effective: 7/4/02
The Rabies Control Act
TO AMEND CHAPTER 5, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES CONTROL, SO AS TO REVISE THE CHAPTER AND PROVIDE FOR THE DUTIES OF THE PUBLIC HEALTH VETERINARIAN AND CERTAIN STATE AGENCIES IN CONNECTION WITH THE CONTROL OF RABIES, TO REGULATE THE SALE OF CERTAIN ANIMALS AS PETS, REQUIRE INOCULATION OF CERTAIN PETS, AND REQUIRE A PET OWNER OR ANY OTHER PERSON TO NOTIFY THE COUNTY HEALTH DEPARTMENT IF A PET OR OTHER ANIMAL IS AFFECTED BY OR SUSPECTED OF HAVING RABIES; PROVIDES ADDITIONAL MEASURES FOR THE RESTRICTION AND CONTROL OF RABIES IN THIS STATE AND FOR THE ENFORCEMENT OF THE RABIES CONTROL ACT, AND PROVIDES PENALTIES FOR VIOLATIONS OF THIS CHAPTER.
ANALYSIS: This act revises Chapter 5, Title 47 and provides for the duties of the public health veterinarian and certain state agencies in connection with the control of rabies, regulates the sale of certain animals as pets, requires inoculation of certain pets, requires a pet owner or other person to notify the county health department if a pet or other animal is affected by or suspected of having rabies; and provides additional measures for the restriction and control of rabies in this State and for the enforcement of the Rabies Control Act, and provides penalties for violation of this chapter.
(A344, R479, H5259) Effective: 7/4/02
Real property; United States flag may be flown by homeowners and tenants
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-1-60 SO AS TO AUTHORIZE A HOMEOWNER OR TENANT TO DISPLAY AN AMERICAN FLAG ON THE PREMISES REGARDLESS OF ANY PROVISION IN A DEED, CONTRACT, LEASE, RENTAL AGREEMENT, OR HOMEOWNER’S ASSOCIATION DOCUMENT AND TO PROHIBIT A DEED, CONTRACT, LEASE, RENTAL AGREEMENT, OR HOMEOWNER’S ASSOCIATION DOCUMENT FROM PRECLUDING A TENANT OR HOMEOWNER FROM DISPLAYING THE FLAG.
ANALYSIS: Self explanatory
(A345, R423, S1249) Effective: 7/19/02
Guardian ad litem, counsel appointed in contested cases, court may approve adoption while not approving fees, etc.
TO AMEND SECTION 20-7-1570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNSEL FOR A GUARDIAN AD LITEM, SO AS TO PROVIDE THAT COUNSEL MUST BE APPOINTED FOR A GUARDIAN AD LITEM WHO IS NOT AN ATTORNEY IN ANY CASE THAT IS CONTESTED; TO AMEND SECTION 20-7-1690, RELATING TO THE REIMBURSEMENT FOR FEES AND COSTS FOR THE CONSENT OR RELINQUISHMENT OF A CHILD FOR ADOPTION, SO AS TO PROVIDE THAT THE COURT MAY APPROVE AN ADOPTION WHILE NOT APPROVING UNREASONABLE FEES AND COSTS; TO AMEND SECTION 20-7-1700, RELATING TO FUTURE CHILD SUPPORT OBLIGATIONS AFTER THE CONSENT OR RELINQUISHMENT HAS BEEN GIVEN FOR AN ADOPTION, SO AS TO PROVIDE THAT THE GIVING OF CONSENT OR RELINQUISHMENT FOR AN ADOPTION RELIEVES A PERSON OF ALL RIGHTS AND OBLIGATIONS, INCLUDING FUTURE CHILD SUPPORT OBLIGATIONS; TO AMEND SECTION 20-7-1770, RELATING TO OPEN AND COOPERATIVE ADOPTIONS, SO AS TO PROVIDE THAT A FINAL ADOPTION DECREE IS NOT AFFECTED BY AN AGREEMENT ENTERED INTO BEFORE THE ADOPTION BETWEEN A CHILD’S ADOPTIVE AND BIOLOGICAL PARENTS CONCERNING VISITATION, EXCHANGE OF INFORMATION, OR OTHER INTERACTION BETWEEN THE CHILD AND ANY OTHER PERSON.
ANALYSIS: This act, in Section 1, amends Section 2-7-1570 of the 1976 Code to provide that, for purposes of adoption, an attorney must be appointed only for a guardian ad litem who is not an attorney in a contested case. Current law requires that an attorney must be appointed for all guardians in contested cases. In Section 2, Section 20-7-1690(F) is amended to clarify that the family court may approve an adoption while not approving adoption fees and costs that it considers unreasonable. Section 3 of the act amends Section 20-7-1700(A) and clarifies that a consent or relinquishment of parental rights forfeits all rights and obligations of the parent including any future child support obligation. However, it does not relieve that parent from paying child support arrearages unless approved by the court. Section 4 amends Section 20-7-1770 to provide that a cooperative agreement may be entered into between the adoptive and biological parents concerning visitation, exchange of information, or other interaction; however, those agreements are not enforceable in the courts of this State.
(A346, R427, H3906) Effective: 7/20/02
Name change procedures specified
TO AMEND SECTION 15-49-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDICIAL DISCRETION IN GRANTING A NAME CHANGE, SO AS TO SPECIFY INFORMATION THAT MUST BE PROVIDED TO THE COURT WITH A PETITION FOR A NAME CHANGE, INCLUDING FINGERPRINT AND CRIMINAL BACKGROUND CHECK RESULTS, WHETHER THE PETITIONER IS LISTED IN THE CENTRAL REGISTRY OF ABUSE AND NEGLECT OR THE SEX OFFENDER REGISTRY, WHETHER THE PETITIONER IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT, AND WHETHER THE PETITIONER IS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS AND TO PROVIDE PROCEDURES FOR AGENCIES TO MAKE NAME CHANGES AS A RESULT OF THE INFORMATION PROVIDED; TO PROVIDE EXEMPTIONS FROM CERTAIN NAME CHANGE REQUIREMENTS FOR MINORS AND FOR ADULTS IN CONNECTION WITH NAME CHANGES RELATED TO DIVORCE OR MARRIAGE; AND TO PROVIDE THAT THE PETITIONER IS RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH THESE NAME CHANGE REQUIREMENTS.
ANALYSIS: This act specifies information that must be provided to the court in connection with a petition for a name change. It requires the petitioner to submit the results of a fingerprint and criminal background check, a statement from the Department of Social Services whether the petitioner is listed in the department’s Central Registry of Child Abuse and Neglect, a statement from the State Law Enforcement Division whether the petitioner is listed on the division’s sex offender registry, and an affidavit stating whether the petitioner is under a court order to pay child support or alimony. If a name change is granted to a petitioner on either the child abuse or sex offender registry or in the custody of the Department of Corrections, the clerk of court must notify the appropriate agency so that records can be changed to reflect the new name.
Additionally, the act clarifies that the court is not required to hold a hearing on the petition.
The act also exempts from providing the additional information in the case of a petition for a minor’s name change or as a result of divorce or marriage.
Finally, the act provides that all costs associated with these name change petition requirements are the responsibility of the petitioner.
(A347, R444, S830) Effective: 7/19/02
State employees - leaves of absence to be organ donor
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-65 SO AS TO PROVIDE THAT STATE AND LOCAL OFFICERS AND EMPLOYEES ARE ENTITLED TO CERTAIN PAID LEAVES OF ABSENCE IN ORDER TO BE AN ORGAN DONOR.
ANALYSIS: This act provides that state and local officers and employees are entitled to paid leaves of absence in order to be an organ donor.
(A348, R452, H3049) Effective: 7/20/02
Not guilty by reason of insanity; sheriff’s jurisdiction; Urban Search and Recovery Team abolished; motor vehicles, miscellaneous provisions; and issuance of summons to appear for trial
TO AMEND SECTION 17-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITMENT OF A DEFENDANT FOUND NOT GUILTY BY REASON OF INSANITY, SO AS TO PROVIDE THAT A DEFENDANT HOSPITALIZED ON THESE GROUNDS WHO WAS FOUND NOT GUILTY BY REASON OF INSANITY OF A VIOLENT CRIME MAY NOT LEAVE THE SOUTH CAROLINA STATE HOSPITAL PREMISES UNLESS AN EMPLOYEE OF THE HOSPITAL IS PHYSICALLY PRESENT WITH THE DEFENDANT AT ALL TIMES AND TO DEFINE “VIOLENT CRIME” FOR THIS PURPOSE; TO AMEND SECTION 25-1-420, AS AMENDED, RELATING TO THE SOUTH CAROLINA EMERGENCY MANAGEMENT DIVISION, SO AS TO ABOLISH THE STATEWIDE URBAN SEARCH AND RECOVERY TEAM; BY ADDING SECTION 23-15-45 SO AS TO INVEST SHERIFFS WITH STATEWIDE TERRITORIAL JURISDICTION TO SERVE UPON INCARCERATED INMATES WARRANTS ISSUED BY MAGISTRATES WHO HAVE BEEN GRANTED BY THE CHIEF JUSTICE OF THE SUPREME COURT OF SOUTH CAROLINA STATEWIDE TERRITORIAL JURISDICTION TO QUALIFIED CRIMINAL CASES; TO AMEND SECTION 56-5-2522, RELATING TO THE PROCEDURE FOR THE DISPOSAL OF A VEHICLE OR OBJECT THAT IS DIRECTED TO BE TOWED BY A LAW ENFORCEMENT OFFICER, SO AS TO MODIFY THE APPLICABLE TIME PERIODS THAT MUST ELAPSE BEFORE CERTAIN ACTIONS REGARDING THE VEHICLE OR OBJECT MAY OCCUR AND TO AUTHORIZE THE SHERIFF’S OR THE POLICE CHIEF’S DESIGNEE TO CARRY OUT THE ACTIONS PROVIDED IN SECTION 56-5-5640; TO AMEND SECTION 56-5-2360, RELATING TO THE OPERATION OF VEHICLES ON APPROACH OF AUTHORIZED EMERGENCY OR POLICE VEHICLES, SO AS TO PROVIDE THAT WHEN AN EMERGENCY OR POLICE VEHICLE MAKES USE OF A VISUAL AS WELL AS AUDIBLE SIGNAL, THE DRIVER OF EVERY OTHER VEHICLE MUST YIELD THE RIGHT-OF-WAY TO THE EMERGENCY OR POLICE VEHICLE; TO AMEND SECTION 56-3-120, AS AMENDED, RELATING TO EXEMPTIONS FROM MOTOR VEHICLE REGISTRATION AND LICENSING REQUIREMENTS, SO AS TO EXEMPT CERTAIN FIREFIGHTING VEHICLES; BY ADDING SECTION 56-1-464 SO AS TO PROVIDE THAT A PERSON WHOSE LICENSE IS CANCELED, SUSPENDED, OR REVOKED BASED SOLELY ON CERTAIN OUT-OF-STATE VIOLATIONS MAY PETITION THE MAGISTRATE’S COURT TO DISMISS THE STATE’S CHARGE UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-5-1538, RELATING TO THE MANAGEMENT OF AN EMERGENCY SCENE, SO AS TO REQUIRE THE DRIVER OF A VEHICLE TO KEEP THE VEHICLE UNDER CONTROL WHEN APPROACHING OR PASSING AN EMERGENCY SCENE, TO REQUIRE THE DRIVER OF A VEHICLE WHEN APPROACHING A STATIONARY EMERGENCY VEHICLE TO PROCEED WITH DUE CAUTION AND TO YIELD THE RIGHT-OF-WAY UNDER CERTAIN CONDITIONS, TO PROVIDE THAT A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR, AND TO PROVIDE DEFINITIONS; TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON’S DRIVER’S LICENSE, AND THE PERIOD OF SUSPENSION, SO AS TO PROVIDE THAT A PERSON WHO MUST COMPLETE AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM AS A CONDITION OF REINSTATEMENT OF HIS DRIVING PRIVILEGES TO OBTAIN A ROUTE RESTRICTED OR SPECIAL RESTRICTED DRIVER’S LICENSE MAY USE THE ROUTE RESTRICTED OR SPECIAL RESTRICTED DRIVER’S LICENSE TO ATTEND THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM CLASSES IN ADDITION TO THE OTHER PERMITTED USES OF EITHER DRIVER’S LICENSE; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON’S DRIVER’S LICENSE FOR EITHER HIS REFUSAL TO SUBMIT TO TESTING FOR CERTAIN LEVELS OF ALCOHOL CONCENTRATION OR FOR OPERATING A VEHICLE WITH CERTAIN UNLAWFUL ALCOHOL CONCENTRATIONS, AND THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER’S LICENSE, SO AS TO PROVIDE THAT A DRIVER, WHOSE SUSPENSION IS UPHELD AT AN ADMINISTRATIVE HEARING, MAY APPLY FOR A SPECIAL RESTRICTED DRIVER’S LICENSE, PERMITTING THE DRIVER TO DRIVE TO AND FROM ALCOHOL AND DRUG SAFETY ACTION PROGRAM CLASSES, TO REVISE THE CONDITIONS UPON WHICH A SPECIAL RESTRICTED DRIVER’S LICENSE MAY BE ISSUED, TO PROVIDE THAT A HOLDER OF A SPECIAL RESTRICTED DRIVER’S LICENSE WHOSE STATUS OF ATTENDANCE AT ALCOHOL AND DRUG SAFETY ACTION PROGRAM CLASSES HAS CHANGED, MUST REPORT THE CHANGE IN STATUS TO THE DEPARTMENT OF PUBLIC SAFETY, AND TO PROVIDE THAT A SPECIAL RESTRICTED DRIVER’S LICENSE ISSUED TO A PERSON WHO DOES NOT REQUEST AN ADMINISTRATIVE HEARING SHALL PERMIT THE DRIVER’S LICENSE HOLDER TO DRIVE TO AND FROM HIS PLACE OF EDUCATION, IN THE COURSE OF HIS EMPLOYMENT OR EDUCATION, AND TO AND FROM HIS ALCOHOL AND DRUG SAFETY ACTION PROGRAM CLASSES; TO AMEND SECTION 56-5-2780, AS AMENDED, RELATING TO PENALTIES THAT MAY BE IMPOSED UPON A PERSON WHO UNLAWFULLY MEETS OR PASSES A SCHOOL BUS, SO AS TO PROVIDE THAT A FIRST OFFENSE VIOLATION OF THIS PROVISION MAY BE TRIED IN MAGISTRATE’S COURT; TO AMEND SECTION 56-1-745, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON’S DRIVER’S LICENSE DUE TO A CONVICTION FOR A CONTROLLED SUBSTANCE VIOLATION, AND THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER’S LICENSE UNDER CERTAIN CIRCUMSTANCES, SO AS TO ADD ENROLLMENT IN A COURT-ORDERED DRUG PROGRAM AS A BASIS FOR APPLYING FOR A SPECIAL RESTRICTED DRIVER’S LICENSE; TO AMEND SECTION 56-1-746, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON’S DRIVER’S LICENSE FOR OFFENSES RELATING TO THE POSSESSION, SALE, AND CONSUMPTION OF BEER, WINE, AND ALCOHOL, OR FOR UNLAWFUL USE OR ALTERATION OF A DRIVER’S LICENSE, AND THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER’S LICENSE TO A PERSON UNDER CERTAIN CIRCUMSTANCES, SO AS TO ADD ENROLLMENT IN A COURT-ORDERED DRUG PROGRAM AS A BASIS FOR APPLYING FOR A SPECIAL RESTRICTED DRIVER’S LICENSE, AND TO PROVIDE THAT A HOLDER OF A SPECIAL RESTRICTED DRIVER’S LICENSE WHOSE STATUS OF ATTENDANCE IN A COURT-ORDERED DRUG PROGRAM HAS CHANGED, MUST REPORT THE CHANGE IN STATUS TO THE DEPARTMENT OF PUBLIC SAFETY; AND BY ADDING SECTION 22-5-115 SO AS TO PROVIDE THAT A MAGISTRATE MAY ISSUE A NOTICE FOR TRIAL BASED UPON THE SWORN STATEMENT OF AN AFFIANT WHO IS NOT A LAW ENFORCEMENT OFFICER BUT MAY NOT ISSUE AN ARREST WARRANT IF THE AFFIANT IS NOT A LAW ENFORCEMENT OFFICER.
ANALYSIS: This act provides that a criminal defendant who is committed following a finding of not guilty by reason of insanity may not leave the hospital premises unless an employee of the hospital is physically present with the defendant at all times. Also, this act contains provisions to abolish the statewide urban search and recovery team and invest sheriffs with statewide territorial jurisdiction to serve certain types of warrants. This act also contains several provisions regarding the disposal, registration and operation of motor vehicles, with particular emphasis on the permissible uses of a special restricted driver’s license. Finally, this act provides that magistrates may issue notices for trial based upon the sworn statements of affiants who are not law enforcement officers, but they may not issue arrest warrants if the affiant is not a law enforcement officer.
(A349, R455, H3485) Effective: 7/20/02
Motor vehicle certificates of title, issuance fee increased; mayors and retired members of the General Assembly special license plates approved
TO AMEND SECTION 56-19-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES THE DEPARTMENT OF PUBLIC SAFETY MAY CHARGE TO ISSUE OR TRANSFER A CERTIFICATE OF TITLE, SO AS TO INCREASE THE FEE FROM FIVE DOLLARS TO TEN DOLLARS AND TO PROVIDE FOR THE DISTRIBUTION OF THE FEE; AND TO AMEND ARTICLE 22, CHAPTER 3, TITLE 56, RELATING TO THE ISSUANCE OF SPECIAL MOTOR VEHICLE LICENSE PLATES TO MEMBERS OF MUNICIPAL COUNCILS, COUNTY COUNCILS, AND COUNTY CORONERS BY THE DEPARTMENT OF PUBLIC SAFETY FOR PRIVATE PASSENGER MOTOR VEHICLES OWNED BY THEM, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ALSO ISSUE SPECIAL MOTOR VEHICLE LICENSE PLATES TO MAYORS AND FORMER MEMBERS OF THE GENERAL ASSEMBLY WHO ARE ELIGIBLE TO RECEIVE RETIREMENT BENEFITS UNDER THE GENERAL ASSEMBLY RETIREMENT SYSTEM.
ANALYSIS: This act increases the fee the Department of Public Safety must charge for the issuance or transfer of a certificate of title and provides for the distribution of the fees. It also provides that the department may issue special motor vehicle license plates to mayors and former members of the General Assembly who are eligible to receive retirement benefits under the General Assembly retirement system.
(A350, R458, H3668) Effective: 7/19/02
Autopsy, photos, etc. exempt form FOI, certain person authorized to view autopsy
TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT PHOTOGRAPHS OR VIDEOS OF AND INCIDENTAL TO THE PERFORMANCE OF AN AUTOPSY, AND BY ADDING SECTION 17-5-535 SO AS TO PROVIDE THAT PHOTOGRAPHS OR VIDEOS OF AND INCIDENTAL TO THE PERFORMANCE OF AN AUTOPSY MAY ONLY BE VIEWED BY CERTAIN PERSONS AND PROVIDE A PENALTY FOR VIOLATION.
ANALYSIS: This act, in Section 1, amends Section 30-4-40(a) of the 1976 Code. It adds an exemption to the FOI Act of photographs or videos of and incidental to the performance of an autopsy. The provision allows certain persons to view photographs or videos such as law enforcement, certain relatives of the deceased, certain court officers, and certain persons involved in court actions.
Section 2 adds Section 17-5-535 of the 1976 Code to specifically require that photographs or videos of an incidental to the performance of an autopsy may only be viewed by (1) the coroner or medical examiner, and their deputies; (2) law enforcement; (3) certain relatives of the deceased; (4) prosecutor or defendant in a murder trial; (5) certain persons bringing civil actions; (6) a person receiving this photograph or video pursuant to a subpoena. The penalty for a person violating this section is a fine of not less than five thousand dollars nor more than fifty thousand dollars. Each violation must be considered a separate offense.
(A351, R462, H3978) Effective: 7/20/02
Health; disposal of sharps; certification requirements for hospice patients unable to consent under the Adult Health Care Consent Act
TO AMEND SECTION 44-93-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM REGULATION FOR GENERATORS OF LESS THAN FIFTY POUNDS OF INFECTIOUS WASTE, SO AS TO REQUIRE SHARPS TO BE MANAGED PURSUANT TO THE REQUIREMENTS OF CHAPTER 93 AND REGULATIONS PROMULGATED UNDER THAT CHAPTER; AND TO AMEND SECTION 44-66-20, RELATING TO THE DEFINITION OF “UNABLE TO CONSENT” IN THE ADULT HEALTH CARE CONSENT ACT, SO AS TO PROVIDE THAT A PATIENT BEING ADMITTED TO HOSPICE CARE PURSUANT TO A PHYSICIAN CERTIFICATION UNDER MEDICARE MEETS THE CERTIFICATION REQUIREMENTS THAT A PERSON IS UNABLE TO CONSENT.
ANALYSIS: Self explanatory
(A352, R467, H4383) Effective: 7/19/02
Artificial Reef Special License Plate authorized; special license plate fees distribution
TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 62 SO AS TO PROVIDE FOR THE ISSUANCE OF ARTIFICIAL REEF SPECIAL LICENSE PLATES AND TO PROVIDE THAT THE PROCEEDS OBTAINED FROM THE ISSUANCE OF THE LICENSE PLATES WOULD BE USED BY THE DEPARTMENT OF NATURAL RESOURCES TO ESTABLISH AND MAINTAIN ARTIFICIAL REEFS ALONG THE STATE’S COASTLINE; AND TO AMEND SECTION 56-3-8100, AS AMENDED, RELATING TO PRODUCTION AND DISTRIBUTION GUIDELINES FOR SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT A PORTION OF THE FEES COLLECTED FROM THE ISSUANCE OF CERTAIN SPECIAL LICENSE PLATES MUST BE USED TO DEFRAY THE EXPENSES OF PRODUCING AND ADMINISTERING THE SPECIAL LICENSE PLATES.
ANALYSIS: This act allows the Department of Public Safety to issue Artificial Reef Special License Plates and provides that a portion of fees collected from the issuance of certain special license plates must be used by the Motor Vehicle Division to defray the costs of producing the special license plate.
(A353, R469, H4426) Effective: 7/16/02
Alcoholic liquors, Sunday minibottle sales, municipal referenda; South Carolina State lottery tickets allowed in retail liquor stores
TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNDAY MINIBOTTLE SALE PERMITS AND THE REFERENDUM APPROVAL REQUIRED IN A COUNTY OR MUNICIPALITY BEFORE SUNDAY MINIBOTTLE SALE PERMITS MAY BE ISSUED IN THE COUNTY OR MUNICIPALITY, SO AS TO PROVIDE THAT A REFERENDUM MAY BE ORDERED BY THE MUNICIPAL COUNCIL OF A MUNICIPALITY IN WHICH SUNDAY MINIBOTTLE SALE PERMITS MAY BE ISSUED ONLY IN PART OF THE MUNICIPALITY PURSUANT TO A COUNTY REFERENDUM, TO PROVIDE THAT THE REFERENDUM IS FOR THE PURPOSE OF ALLOWING SUCH PERMITS WHERE PROHIBITED BEFORE, AND PROVIDE THAT A MAJORITY “NO” VOTE IN THE MUNICIPAL REFERENDUM DOES NOT AFFECT THE ISSUING OF SUNDAY MINIBOTTLE SALE PERMITS IN THAT PORTION OF THE MUNICIPALITY WHERE THESE PERMITS WERE LAWFUL; AND TO AMEND SECTION 61-6-1540, RELATING TO LIMITATIONS AND THE EXEMPTIONS THEREFROM ON SALES OF NONALCOHOLIC MERCHANDISE IN A RETAIL LIQUOR STORE, SO AS TO EXEMPT SOUTH CAROLINA STATE LOTTERY TICKETS FROM THE LIMITATION.
ANALYSIS: Current law allows municipalities or counties, upon receipt of petitions with the requisite number of signatures, to conduct a referendum in the jurisdiction on the question of allowing Sunday mini-bottle sales. The statutory scheme can result in an instance where a municipality situated in more than one county can have portions of the municipality where such Sunday sales are allowed and other areas where such sales are not allowed, based on the counties in which the municipality is located.
Section 61-6-2010 of the 1976 Code added by this act allows a municipality with this result to conduct a referendum on Sunday sales within the entire municipality at the order of the municipal council as well as by the existing petition method. A referendum held pursuant to this section, if it results in a majority “no” vote, does not affect Sunday sales in that portion of the municipality where such sales were already allowed.
This act also allows retail liquor stores to sell South Carolina state lottery tickets.
(A354, R472, H4607) Effective: 7/19/02
Special license plates, certain fees increased, certain fees set aside, and American Legion special license plate created; special restricted driver’s license allowed for a person enrolled in a court -ordered drug program.
TO AMEND SECTION 56-3-8200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF ROTARY INTERNATIONAL SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THE DEPARTMENT MUST ASSESS A PERSON ISSUED THIS SPECIAL LICENSE PLATE AN ADDITIONAL SPECIAL FEE WHICH MUST BE DISTRIBUTED TO THE ROTARY DISTRICT IN WHICH THE PURCHASER’S HOME CLUB IS LOCATED IN THIS STATE, AND TO PROVIDE THAT OF THE FEES COLLECTED FROM THE ISSUANCE OF THIS SPECIAL LICENSE PLATE, SUFFICIENT FUNDS MUST BE PLACED INTO A SPECIAL RESTRICTED ACCOUNT TO BE USED BY THE DEPARTMENT TO DEFRAY THE COSTS OF PRODUCING AND ADMINISTERING THE SPECIAL LICENSE PLATE; TO AMEND SECTION 56-3-8100, RELATING TO PRODUCTION AND DISTRIBUTION GUIDELINES FOR CERTAIN SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT OF THE FEES COLLECTED FROM THE ISSUANCE OF CERTAIN SPECIAL LICENSE PLATES, SUFFICIENT FUNDS MUST BE PLACED INTO A SPECIAL RESTRICTED ACCOUNT TO BE USED BY THE DEPARTMENT OF PUBLIC SAFETY TO DEFRAY THE COSTS OF PRODUCING AND ADMINISTERING THE SPECIAL LICENSE PLATE; TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON’S DRIVER’S LICENSE, AND THE PERIOD OF SUSPENSION, SO AS TO PROVIDE THAT A PERSON WHO MUST COMPLETE A COURT-ORDERED DRUG PROGRAM AS A CONDITION OF REINSTATEMENT OF HIS DRIVING PRIVILEGES MAY USE A ROUTE RESTRICTED DRIVER’S LICENSE TO ATTEND A COURT-ORDERED DRUG PROGRAM; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON’S DRIVER’S LICENSE FOR EITHER HIS REFUSAL TO SUBMIT TO TESTING FOR CERTAIN LEVELS OF ALCOHOL CONCENTRATION OR FOR OPERATING A VEHICLE WITH CERTAIN UNLAWFUL ALCOHOL CONCENTRATIONS, AND THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER’S LICENSE, SO AS TO PROVIDE THAT THE PROVISIONS CONTAINED IN THIS SECTION APPLY TO A PERSON ENROLLED IN A COURT-ORDERED DRUG PROGRAM; TO AMEND SECTIONS 56-1-745 AND 56-1-746, BOTH AS AMENDED, RELATING TO DRIVER’S LICENSE SUSPENSIONS DUE TO A CONTROLLED SUBSTANCE VIOLATION AND CERTAIN OTHER VIOLATIONS, SO AS TO PROVIDE THAT A PERSON ENROLLED IN A COURT-ORDERED DRUG PROGRAM MAY BE ISSUED A SPECIAL RESTRICTED DRIVER’S LICENSE UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 38 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY ISSUE AMERICAN LEGION SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FROM THE ISSUANCE OF THIS SPECIAL LICENSE PLATE.
ANALYSIS: This act establishes an additional special fee of forty dollars to obtain a Rotary International Special License Plate. This special fee must be distributed to the Rotary District in which the license plate purchaser’s home club is located within this State. In addition, it provides that a portion of the fees collected from the sale of certain special license plates must be used to defray the expenses of producing and administering the special license plates. Also, the act provides the terms and conditions upon which a special restricted driver’s license may be issued to a person who must complete a court-ordered drug program.
(A355, R481, H5321) Effective: 7/19/02
Elections, Newberry County precincts renamed and map number redesignated
TO AMEND SECTION 7-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN NEWBERRY COUNTY, SO AS TO CHANGE THE BOUNDARIES OF CERTAIN PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE DELINEATION OF CERTAIN PRECINCTS IS DESCRIBED.
ANALYSIS: Self explanatory
(A356, R388, H4879) Effective: July 1, 2002
Appropriations, Budget Proviso Codification Act of 2002, lottery provisions, police officers retirement, miscellaneous provisions
TO ENACT THE BUDGET PROVISO CODIFICATION ACT BY REPEALING SECTION 59-21-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, REQUIRING FUNDING EQUAL TO THE 1994-95 APPROPRIATION TO BE APPROPRIATED TO THE DEPARTMENT OF EDUCATION ANNUALLY TO OFFSET ANY REDUCTION SUFFERED BY SCHOOL DISTRICTS DUE TO A CHANGE IN THE DISTRIBUTION OF EMPLOYEE CONTRIBUTION FUNDS; BY ADDING SECTION 59-1-455 SO AS TO PROVIDE FOR THE USE OF LAPSED FUNDS IN THE EVENT OF AN EIA REVENUE SHORTFALL AND THE ORDER IN WHICH THE LAPSED FUNDS ARE APPLIED FOR EIA PURPOSES, TO PROVIDE THAT LAPSED FUNDS REMAINING AFTER EIA PURPOSES ARE FUNDED MUST BE DISTRIBUTED TO SCHOOL DISTRICTS FOR FUNDING OF SCHOOL BUILDINGS, AND TO EXEMPT EIA APPROPRIATIONS FOR TEACHER SALARIES AND RELATED FRINGE BENEFITS FROM REDUCTIONS ORDERED TO OFFSET AN OFFICIAL EIA REVENUE SHORTFALL; BY ADDING SECTION 59-5-71 SO AS TO ESTABLISH A TASK FORCE TO MAKE RECOMMENDATIONS ON A UNIFORM SCHOOL TERM BEGINNING DATE; BY ADDING SECTION 59-103-55 SO AS TO REQUIRE STATE-SUPPORTED PUBLIC FOUR-YEAR CAMPUSES OF INSTITUTIONS OF HIGHER EDUCATION TO HAVE EQUAL REPRESENTATION ON ALL COUNCILS, COMMITTEES, ADVISORY GROUPS, AND TASK FORCES OF THE COMMISSION ON HIGHER EDUCATION AND TO REQUIRE INDEPENDENT FOUR-YEAR COLLEGES TO HAVE REPRESENTATION ON COMMITTEES AND COMMISSIONS DEALING WITH HIGHER EDUCATION STATEWIDE ISSUES; BY ADDING SECTION 59-112-110, SO AS TO PROVIDE THAT THE UNIVERSITY OF SOUTH CAROLINA’S AIKEN CAMPUS AND AIKEN TECHNICAL COLLEGE MAY OFFER IN-STATE TUITION TO A STUDENT WHOSE LEGAL RESIDENCE IS IN THE RICHMOND AND COLUMBIA COUNTY AREAS OF GEORGIA UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 59-103-162 SO AS TO PROVIDE THAT THE SOUTH CAROLINA COMMISSION ON HIGHER EDUCATION SHALL REVIEW ANNUALLY THE ACTIVITIES OF THE SOUTH CAROLINA MANUFACTURING EXTENSION PARTNERSHIP, MAKE A BUDGET RECOMMENDATION TO THE GENERAL ASSEMBLY, AND COORDINATE THE ALLOCATION OF FUNDS AMONG EACH PARTICIPATING INSTITUTION, TO PROVIDE FOR THE USE OF CERTAIN FUNDS APPROPRIATED TO THE UNIVERSITY OF SOUTH CAROLINA - COLUMBIA, AND TO PROVIDE THAT THE COMMISSION SHALL REVIEW THE MEMBERSHIP OF THE SOUTH CAROLINA MANUFACTURING EXTENSION PARTNERSHIP BOARD TO ENSURE APPROPRIATE REPRESENTATION OF EACH PARTICIPATING INSTITUTION; TO AMEND SECTION 59-29-190, RELATING TO A SCHOOL DISTRICT OFFERING ADVANCED PLACEMENT COURSES FOR ACADEMICALLY TALENTED STUDENTS, SO AS TO PROVIDE THAT A STUDENT WHO SUCCESSFULLY COMPLETES THE ADVANCED PLACEMENT REQUIREMENTS FOR A COURSE AND WHO RECEIVES A SCORE OF THREE OR HIGHER ON THE ADVANCED PLACEMENT EXAM SHALL RECEIVE ADVANCED PLACEMENT CREDIT IN EACH POST-SECONDARY PUBLIC COLLEGE IN THIS STATE IN A CERTAIN MANNER; TO AMEND CHAPTER 101, TITLE 59, RELATING TO COLLEGES AND INSTITUTIONS OF HIGHER LEARNING, BY ADDING SECTION 59-101-345 SO AS TO PROVIDE THAT, IN INSTANCES WHERE THE EQUAL DIVISION OF APPROPRIATED FUNDS BETWEEN NEED-BASED GRANTS AND THE PALMETTO FELLOWS PROGRAM EXCEEDS THE CAPACITY TO MAKE AWARDS IN EITHER PROGRAM, THE COMMISSION ON HIGHER EDUCATION HAS THE AUTHORITY TO REALLOCATE REMAINING FUNDS BETWEEN THE TWO PROGRAMS; AND TO PROVIDE THAT PUBLIC AND INDEPENDENT HIGHER EDUCATION INSTITUTIONS MUST GIVE FIRST PRIORITY FOR NEED-BASED GRANTS TO CHILDREN AND YOUNG ADULTS IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES; TO AMEND SECTION 59-112-70, RELATING TO ABATEMENT OF TUITION RATES FOR NONRESIDENTS ON SCHOLARSHIP, SO AS TO PROVIDE THAT STATE-SUPPORTED COLLEGES, UNIVERSITIES, AND TECHNICAL SCHOOLS MAY WAIVE THE NONRESIDENT PORTION OF TUITION AND FEES FOR CERTAIN STUDENTS PARTICIPATING IN INTERNATIONAL SISTER-STATE AGREEMENT PROGRAMS ON A RECIPROCITY BASIS; TO AMEND SECTION 59-112-60, RELATING TO FACULTY AND ADMINISTRATIVE EMPLOYEES OF COLLEGES AND UNIVERSITIES, SO AS TO PROVIDE THAT EMPLOYEES OF PUBLIC COLLEGES, UNIVERSITIES, AND TECHNICAL COLLEGES MAY ATTEND CLASSES AT INSTITUTIONS OF HIGHER LEARNING AND RECEIVE TUITION ASSISTANCE IN ACCORDANCE WITH BUDGET AND CONTROL BOARD GUIDELINES AND REGULATIONS; TO AMEND SECTION 40-43-83, AS AMENDED, RELATING TO REQUIREMENTS THAT A FACILITY DISPENSING PRESCRIPTION DRUGS AND DEVICES MUST HAVE A PERMIT ISSUED BY THE BOARD OF PHARMACY AND MUST HAVE A PHARMACIST IN CHARGE, SO AS TO EXEMPT COLLEGE AND UNIVERSITY ATHLETIC DEPARTMENTS FROM THESE REQUIREMENTS; AND TO AMEND SECTION 40-43-86, AS AMENDED, RELATING TO VARIOUS REQUIREMENTS FOR PHARMACIES, INCLUDING THE REQUIREMENT THAT A PHARMACY MAY NOT OPERATE WITHOUT A PHARMACIST-IN-CHARGE WHO MUST BE PHYSICALLY PRESENT AND THAT A PERSON MAY NOT SERVE AS THE PHARMACIST-IN-CHARGE FOR MORE THAN ONE PHARMACY AT ONE TIME, SO AS TO EXEMPT COLLEGE AND UNIVERSITY ATHLETIC DEPARTMENT PHARMACIES; TO AMEND SECTION 59-149-10, RELATING TO LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2002-2003, ELIGIBLE RESIDENT STUDENTS ATTENDING TWO-YEAR INDEPENDENT INSTITUTIONS MAY NOT RECEIVE AN ANNUAL LIFE SCHOLARSHIP OF MORE THAN THE MAXIMUM COST OF TUITION AT TWO-YEAR REGIONAL PUBLIC INSTITUTIONS FOR THIRTY CREDIT HOURS A YEAR OR ITS EQUIVALENT; BY ADDING SECTION 59-103-200 SO AS TO PROVIDE THAT UPON APPROVAL BY THE MEMBERS OF THE COMMISSION ON HIGHER EDUCATION, THE AGENCY MAY REMOVE CERTAIN RECORD AND NONRECORD MATERIALS FROM ITS COLLECTIONS BY GIFT TO ANOTHER PUBLIC OR NONPROFIT INSTITUTION OR BY SALE AT PUBLIC AUCTION UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 24-21-55 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES SHALL RECEIVE A HEARING FEE UNDER A PLAN APPROVED BY THE BUDGET AND CONTROL BOARD; BY ADDING SECTION 24-21-85 SO AS TO PROVIDE THAT EVERY PERSON PLACED ON ELECTRONIC MONITORING BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES MUST BE ASSESSED A FEE, AND TO PROVIDE THE CONDITIONS UNDER WHICH THE FEE IS PAID AND RETAINED BY THE DEPARTMENT; TO AMEND SECTION 24-21-490, RELATING TO COLLECTION AND DISTRIBUTION OF RESTITUTION BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY RETAIN THE COLLECTION FEES AND CARRY FORWARD UNEXPENDED FUNDS FOR THE PURPOSE OF COLLECTING AND DISTRIBUTING RESTITUTION; BY ADDING SECTION 24-21-235 SO AS TO AUTHORIZE THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES TO ISSUE DUTY CLOTHING FOR THE USE OF DEPARTMENT EMPLOYEES; BY ADDING SECTION 24-21-237 SO AS TO PROVIDE THAT MEALS MAY BE PROVIDED TO EMPLOYEES OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES AND PROVIDE THE CIRCUMSTANCES WHEN MEALS MAY BE PROVIDED; TO AMEND SECTION 17-25-324, RELATING TO RESTITUTION TO SECONDARY VICTIMS AND THIRD-PARTY PAYEES AND RESTITUTION CENTER BEDS, SO AS TO DELETE THE REQUIREMENT THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES MAINTAIN A MINIMUM OF TWELVE RESTITUTION CENTER BEDS FOR EVERY TWO THOUSAND FIVE HUNDRED OFFENDERS; TO AMEND SECTION 51-1-40, AS AMENDED, RELATING TO THE AUTHORITY OF THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM TO IMPOSE AND RETAIN A REASONABLE CHARGE FOR ADMISSION FOR PARKS AND RECREATIONAL FACILITIES, SO AS TO ALLOW THE DEPARTMENT TO IMPOSE A FEE FOR VACATION GUIDES, RESEARCH REPORTS, CONFERENCES, TECHNICAL ASSISTANCE, DRAWINGS, AND MAILING LISTS AND PROVIDE FOR THE DISPOSITION OF THE REVENUE AND TO PROVIDE FOR THE DISPOSITION OF THE REVENUES OF THE GIFT SHOP OPERATED BY THE DEPARTMENT AT THE BOYLESTON HOUSE; AND TO AMEND SECTION 51-3-90, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO SELL, EXCHANGE, OR LEASE LAND UNDER ITS JURISDICTION, SO AS TO ALLOW THE DEPARTMENT TO RETAIN FUNDS DERIVED FROM THE SALE OF STATE PARK PROPERTY AND CREDIT THE FUNDS TO THE RECREATION LAND TRUST FUND; BY ADDING SECTION 2-3-225 SO AS TO PROVIDE THAT THE SPEAKER OF THE HOUSE IS AUTHORIZED TO REIMBURSE TRAVEL AND OTHER EXPENSES INCURRED BY EMPLOYEES OF THE HOUSE OF REPRESENTATIVES FOR OFFICIAL BUSINESS IN ACCORDANCE WITH APPLICABLE POLICIES AND REGULATIONS; BY ADDING SECTION 2-3-65 SO AS TO PROVIDE THAT ALL VOUCHERS FOR THE PAYMENT OF THE EXPENSES OR COMPENSATION, OR BOTH, OF THE GENERAL ASSEMBLY MUST BE PREPARED BY THE CLERKS OF THE TWO HOUSES OF THE GENERAL ASSEMBLY AND TO AUTHORIZE THE CLERKS OF THE TWO HOUSES AND THE LEGISLATIVE COUNCIL, SUBJECT TO APPROVAL, TO ISSUE WARRANTS ON APPROVED ACCOUNTS FOR NECESSARY EXTRA CLERICAL OR OTHER SERVICES; BY ADDING SECTION 2-3-67 SO AS TO PROVIDE THAT THE CLERKS OF THE SENATE AND THE HOUSE SHALL HAVE INSTALLED A TELEPHONE SERVICE TO BE USED BY THE MEMBERSHIP AND PRESIDING OFFICERS OF THE TWO HOUSES OF THE GENERAL ASSEMBLY; BY ADDING SECTION 2-3-155 SO AS TO PROVIDE THAT THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL APPOINT THE EXECUTIVE DIRECTOR OF RESEARCH AND THE DIRECTORS OF RESEARCH FOR EACH STANDING COMMITTEE WITH THE ADVICE AND CONSENT OF THE CHAIRMAN OF EACH STANDING COMMITTEE AND TO PROVIDE FOR THE APPOINTMENT AND PAY OF TEMPORARY OR PERMANENT HOUSE RESEARCH ASSISTANTS; BY ADDING SECTION 2-3-105 SO AS TO PROVIDE FOR THE DUTIES OF THE SERGEANTS AT ARMS AND DIRECTORS OF SECURITY OF THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY; BY ADDING SECTION 10-1-45, SO AS TO PROVIDE THAT ANY IMPROVEMENTS AND ADDITIONS TO THE STATE HOUSE MUST BE RECOMMENDED OR APPROVED BY THE STATE HOUSE COMMITTEE OF THE GENERAL ASSEMBLY AND REQUIRE THAT BIDDING, EXECUTING, AND CARRYING OUT OF CONTRACTS MUST BE IN ACCORDANCE WITH STANDING REGULATIONS AND PROCEDURES FOR OTHER WORK OF THE SAME TYPE APPLICABLE TO AGENCIES AND INSTITUTIONS OF STATE GOVERNMENT; BY ADDING SECTION 2-3-235 SO AS TO PROVIDE FOR ANNUAL LEAVE AND INSURANCE FOR NURSING PERSONNEL STAFFING THE STATE HOUSE AND THE L. MARION GRESSETTE SENATE OFFICE BUILDING; TO AMEND SECTION 2-7-80, RELATING TO PRINTING AND FURNISHING OF COPIES OF STATEWIDE AND LOCAL ACTS, SO AS TO REQUIRE THAT ONLY ONE COPY OF A PRINTED STATEWIDE ACT BE FURNISHED TO EACH COUNTY CLERK OF COURT AND COUNTY GOVERNING BODY; BY ADDING SECTION 8-11-198, SO AS TO PROHIBIT PAYMENT OF PER DIEM TO A PUBLIC OFFICER OR EMPLOYEE FROM MORE THAN ONE SOURCE IN ANY CALENDAR DAY; BY ADDING SECTION 2-3-175, SO AS TO PROHIBIT FULL-TIME EMPLOYEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE FROM ENGAGING IN OUTSIDE EMPLOYMENT DURING WORKING HOURS EXCEPT WITH PERMISSION AND TO REQUIRE THE EMPLOYEE TO TAKE ANNUAL LEAVE; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES TAX SO AS TO EXEMPT FROM TAXATION COPIES OF OR ACCESS TO LEGISLATION AND OTHER INFORMATIONAL DOCUMENTS PROVIDED TO THE GENERAL PUBLIC BY A LEGISLATIVE AGENCY; TO AMEND CHAPTER 3, TITLE 2, RELATING TO ORGANIZATION AND COMPENSATION OF MEMBERS AND EMPLOYEES OF THE GENERAL ASSEMBLY, BY ADDING SECTION 2-3-45 SO AS TO PROVIDE THAT A MEMBER OF THE HOUSE OF REPRESENTATIVES WHO DOES NOT USE ALL OF HIS ANNUAL ALLOCATION FOR POSTAGE OR TELEPHONE EXPENSES MAY USE REMAINING FUNDS IN ONE CATEGORY IN THE OTHER CATEGORY DURING THAT YEAR; TO AMEND SECTION 2-3-170, RELATING TO COMPENSATION OF OFFICERS AND EMPLOYEES OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MUST AUTHORIZE AND ALLOCATE ANY BASE PAY INCREASE, MERIT PAY, OR BONUS AMONG THE STAFF OF THE HOUSE OF REPRESENTATIVES; BY ADDING SECTION 2-1-220 SO AS TO EXEMPT EACH HOUSE OF THE GENERAL ASSEMBLY FROM LAWS OR REGULATIONS REQUIRING APPROVAL BY THE STATE BUDGET AND CONTROL BOARD OR OTHER EXECUTIVE BRANCH AGENCY FOR THE EXPENDITURE, MANAGEMENT, OR TRANSFER OF LEGISLATIVE BRANCH APPROPRIATIONS; BY ADDING SECTION 2-3-27 SO AS TO PROVIDE THAT A MEMBER OF THE GENERAL ASSEMBLY WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW AND NOT PARDONED MAY NOT RECEIVE COMPENSATION OR EXPENSES OTHERWISE PAID MEMBERS OF THE GENERAL ASSEMBLY; TO AMEND SECTION 1-11-55, RELATING TO LEASING OF REAL PROPERTY FOR GOVERNMENTAL BODIES; TO AMEND SECTION 2-3-75, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE OFFICE OF LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY SYSTEMS; TO AMEND SECTION 2-13-60, AS AMENDED, RELATING TO THE DUTIES OF THE CODE COMMISSIONER; TO AMEND SECTION 2-13-180, RELATING TO THE PUBLICATION OF ADVANCE SHEETS OF THE ACTS AND JOINT RESOLUTIONS; TO AMEND SECTION 2-13-190, AS AMENDED, RELATING TO PRINTING OF ADVANCE SHEETS IN SIGNATURES AND DISTRIBUTION OF PAGE PROOFS BY THE CODE COMMISSIONER; TO AMEND SECTION 2-13-200, RELATING TO THE SALE AND DISPOSITION OF PROCEEDS FROM THE SALE OF ADVANCE SHEETS; TO AMEND SECTION 2-13-210, RELATING TO THE PUBLICATION OF THE ACTS AND JOINT RESOLUTIONS; TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO THE DEFINITIONS USED IN THE PROCUREMENT CODE; AND TO AMEND SECTION 29-6-250, RELATING TO A LABOR AND MATERIAL PAYMENT BOND REQUIRED BY A GOVERNMENTAL BODY UNDER CERTAIN CIRCUMSTANCES, SO AS TO CONFORM REFERENCES IN THESE SECTIONS TO REFLECT THE CORRECT NAME OF THE OFFICE OF LEGISLATIVE PRINTING, INFORMATION AND TECHNOLOGY SYSTEMS CREATED FROM THE MERGER OF THE OFFICES OF LEGISLATIVE INFORMATION SYSTEMS AND LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES, AND TO DELETE ARCHAIC REFERENCES; BY ADDING SECTION 1-5-50 SO AS TO AUTHORIZE THE SECRETARY OF STATE TO ESTABLISH AND COLLECT FEES, INCLUDING DEPOSITS, FOR SEARCHING OR COPYING RECORDS AND RETAIN THE FEES TO DEFRAY OFFICE EXPENSES; BY ADDING SECTION 1-5-60 SO AS TO ALLOW THE SECRETARY OF STATE TO ESTABLISH, COLLECT, AND RETAIN FEES FOR DISHONORED CHECKS AND USE THE RETAINED FEES TO DEFRAY EXPENSES OF COLLECTING THE CHECKS AND TO PROVIDE THAT THESE RETAINED DISHONORED CHECK FEES MAY BE CARRIED FORWARD TO THE SUCCEEDING FISCAL YEAR AND USED FOR THE SAME PURPOSES; BY ADDING SECTION 11-3-175 SO AS TO PROVIDE FOR THE CONSOLIDATION OF ACCOUNTS OF LUMP SUM AGENCIES BY THE COMPTROLLER GENERAL FOR PROPER ACCOUNTING AND FACILITATED REPORTING; BY ADDING SECTION 1-11-225 SO AS TO PROVIDE THAT THE DIVISION OF OPERATIONS OF THE STATE BUDGET AND CONTROL BOARD ESTABLISH A COST ALLOCATION PLAN TO RECOVER THE OPERATING COSTS AND MANAGE FUNDS TO ENSURE THE ADMINISTRATION OF THE STATEWIDE FLEET MANAGEMENT PROGRAM; TO AMEND SECTION 11-9-820, AS AMENDED, RELATING TO MEMBERSHIP, STAFFING, AND REPORTING OF THE BOARD OF ECONOMIC ADVISORS, SO AS TO PROVIDE FOR THE DIRECTOR OF THE DEPARTMENT OF REVENUE TO SERVE EX OFFICIO, TO PROVIDE THAT THE BOARD IS A PUBLIC BODY FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, AND TO REQUIRE THAT THE DEPARTMENT OF COMMERCE AND DEPARTMENT OF REVENUE PROVIDE CERTAIN REPORTS, LISTS, MAGNETIC TAPES, AND OTHER DATA TO THE BOARD BY NOVEMBER TENTH OF EACH YEAR; TO AMEND CHAPTER 11, TITLE 1, RELATING TO THE STATE BUDGET AND CONTROL BOARD BY ADDING ARTICLE 7 “CONFEDERATE RELICS” SO AS TO REQUIRE THE DIRECTOR OF THE CONFEDERATE RELIC ROOM TO BE APPOINTED BY THE DIRECTOR OF THE BUDGET AND CONTROL BOARD AFTER CONSULTATION WITH THE SOUTH CAROLINA DIVISION COMMANDER OF THE SONS OF THE CONFEDERATE VETERANS AND THE PRESIDENT OF THE SOUTH CAROLINA CHAPTER OF THE UNITED DAUGHTERS OF THE CONFEDERACY; TO AUTHORIZE THE CONFEDERATE RELIC ROOM TO SUPPLEMENT STATE FUNDS WITH DONATIONS AND FEES AND TO EXPEND THESE FUNDS FOR OPERATIONS AND FOR THE RESTORATION, PRESERVATION, AND DISPLAY OF ITS COLLECTION, AND TO RETAIN AND EXPEND FEES RECEIVED FOR PROVIDING CERTAIN SERVICES AND FROM THE SALE OF PROMOTIONAL ITEMS; AND TO PROHIBIT ARTIFACTS OWNED BY THE STATE IN THE COLLECTIONS OF THE RELIC ROOM FROM BEING PERMANENTLY REMOVED OR DISPOSED OF EXCEPT BY CONCURRENT RESOLUTION OF THE GENERAL ASSEMBLY; TO AMEND CHAPTER 11, TITLE 8, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, TO AMEND CHAPTER 11, TITLE 8, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-11-57 SO AS TO PROVIDE THAT WHEN THE GOVERNOR DECLARES AN EMERGENCY OR ORDERS STATE OFFICES CLOSED DUE TO HAZARDOUS WEATHER HE MAY AUTHORIZE LEAVE WITH PAY FOR STATE EMPLOYEES WHO ARE ABSENT FROM WORK DUE TO THE EMERGENCY OR CONDITIONS CAUSED BY HAZARDOUS WEATHER; BY ADDING SECTIONS 9-1-1870 AND 9-11-315 SO AS TO PROVIDE THAT RETIREES AND BENEFICIARIES UNDER THE STATE RETIREMENT SYSTEMS AND THE POLICE OFFICERS RETIREMENT SYSTEM RECEIVING MEDICAID (TITLE XIX) SPONSORED NURSING HOME CARE AS OF JUNE THIRTIETH OF THE PRIOR FISCAL YEAR SHALL RECEIVE NO INCREASE IN RETIREMENT BENEFITS DURING THE CURRENT FISCAL YEAR; HOWEVER, A RETIRED EMPLOYEE AFFECTED BY THE ABOVE PROHIBITION MAY RECEIVE THE SCHEDULED INCREASE IF HE IS DISCHARGED FROM THE NURSING HOME AND DOES NOT REQUIRE ADMISSION TO A HOSPITAL OR NURSING HOME WITHIN SIX MONTHS; BY ADDING SECTION 9-1-1350 SO AS TO PROVIDE THAT NOTWITHSTANDING THE AMOUNTS ANNUALLY APPROPRIATED AS “STATE EMPLOYER CONTRIBUTIONS,” THE STATE TREASURER AND COMPTROLLER GENERAL ARE AUTHORIZED AND DIRECTED TO TRANSFER FROM THE GENERAL FUND OF THE STATE TO THE PROPER RETIREMENT SYSTEM ACCOUNTS, MONTH BY MONTH, DURING THE CURRENT FISCAL YEAR, SUCH FUNDS AS ARE NECESSARY TO COMPLY WITH THE TERMS OF THE RETIREMENT ACT AS AMENDED, WITH RESPECT TO CONTRIBUTIONS BY THE STATE OF SOUTH CAROLINA TO THE RETIREMENT SYSTEM; BY ADDING SECTIONS 11-7-35 AND 11-7-40 SO AS TO PROVIDE THE STATE AUDITOR AND HIS DESIGNEES ACCESS TO STATE AGENCY RECORDS AND FACILITIES AND ACCESS TO PRIVATE ENTITIES RECEIVING STATE APPROPRIATED REVENUE FOR AUDIT PURPOSES AND TO PROVIDE FOR THE CONFIDENTIALITY OF THESE RECORDS WHILE UNDER REVIEW BY THE STATE AUDITOR AND FOR THE CONFIDENTIALITY OF AUDIT WORKING PAPERS AND MEMORANDA, AND TO PROVIDE FOR MONTHLY BILLING BY THE STATE AUDITOR OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR AUDIT COSTS AND THE DISPOSITION OF THE REVENUE OF THESE BILLINGS; BY ADDING SECTION 8-11-194 SO AS TO PROVIDE THAT ANY AGENCY OF THE STATE GOVERNMENT WHOSE OPERATIONS ARE COVERED BY FUNDS FROM OTHER THAN GENERAL FUND APPROPRIATIONS MUST PAY FROM SUCH OTHER SOURCES A PROPORTIONATE SHARE OF THE EMPLOYER COSTS OF RETIREMENT, SOCIAL SECURITY, WORKERS’ COMPENSATION INSURANCE, UNEMPLOYMENT COMPENSATION INSURANCE, HEALTH AND OTHER INSURANCE FOR ACTIVE AND RETIRED EMPLOYEES, AND ANY OTHER EMPLOYER CONTRIBUTIONS PROVIDED BY THE STATE FOR THE AGENCY’S EMPLOYEES; BY ADDING SECTION 41-31-820 SO AS TO PROVIDE THAT UNEMPLOYMENT COMPENSATION PREMIUMS COLLECTED FROM STATE AGENCIES WILL BE DEPOSITED INTO A SEPARATE ACCOUNT AND WILL BE BASED ON EXPERIENCE RATINGS PROVIDED BY PRIVATE CONSULTANTS AND THE BUDGET AND CONTROL BOARD, TO PROVIDE THAT THE UNEMPLOYMENT COMPENSATION FUND MUST BE REVIEWED ON AT LEAST A BIENNIAL BASIS, TO PROVIDE THAT ALL INTEREST EARNED ON THE ACCOUNT MUST BE RETAINED BY THE UNEMPLOYMENT COMPENSATION FUND TO OFFSET COSTS, TO AUTHORIZE AND DIRECT THE STATE TREASURER AND COMPTROLLER GENERAL TO PAY FROM THE GENERAL FUND TO THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION SUFFICIENT FUNDS TO COVER ACTUAL BENEFIT CLAIMS PAID DURING THE CURRENT FISCAL YEAR WHICH EXCEED THE AMOUNTS PAID IN FOR THIS PURPOSE, TO DIRECT THE EMPLOYMENT SECURITY COMMISSION TO CERTIFY QUARTERLY TO THE BUDGET AND CONTROL BOARD THE STATE’S LIABILITY FOR THOSE CLAIMS ACTUALLY PAID, AND TO PROVIDE THAT THE CERTIFIED AMOUNT MUST BE REMITTED TO THE EMPLOYMENT SECURITY COMMISSION; BY ADDING SECTION 42-7-210 SO AS TO AUTHORIZE AND DIRECT THE STATE TREASURER AND COMPTROLLER GENERAL TO PAY FROM THE GENERAL FUND OF THE STATE TO THE STATE ACCIDENT FUND SUFFICIENT FUNDS TO COVER ACTUAL BENEFIT CLAIMS PAID AND EXPENSES RELATING TO THE OPERATIONS OF THE AGENCY DURING THE CURRENT FISCAL YEAR WHICH EXCEED THE ACCOUNTS PAID IN FOR THIS PURPOSE, TO DIRECT THE STATE ACCIDENT FUND TO CERTIFY QUARTERLY TO THE BUDGET AND CONTROL BOARD THE STATE’S LIABILITY FOR THOSE CLAIMS ACTUALLY PAID, AND TO PROVIDE THAT THE CERTIFIED AMOUNT MUST BE REMITTED TO THE STATE ACCIDENT FUND; BY ADDING SECTION 11-11-325 SO AS TO PROVIDE THAT IF THE BOARD OF ECONOMIC ADVISORS REVENUE FORECAST TO THE BUDGET AND CONTROL BOARD AT ANY TIME DURING THE CURRENT FISCAL YEAR PROJECTS THAT REVENUES FOR THE CURRENT FISCAL YEAR WILL BE LESS THAN APPROPRIATED EXPENDITURES FOR THE YEAR, THE BUDGET AND CONTROL BOARD IN MANDATING NECESSARY CUTS MUST FIRST REDUCE TO THE EXTENT NECESSARY THE APPROPRIATION TO THE CAPITAL RESERVE FUND, PRIOR TO MANDATING ANY CUTS IN OPERATING APPROPRIATIONS; BY ADDING SECTION 12-4-390 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY COLLECT AND RETAIN FEES TO RECOVER THE COSTS OF THE PRODUCTION, PURCHASE, HANDLING AND MAILING OF DOCUMENTS, PUBLICATIONS, RECORDS AND DATA SETS, TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY WITHHOLD FROM THE GENERAL FUND A PORTION OF REVENUE DERIVED FROM THE PROVISIONS OF CHAPTER 21, TITLE 12, THE ACTUAL COSTS OF BINGO AUDIT ACTIVITY AND OF CRIMINAL RECORD CHECKS PURSUANT TO THE EVALUATION OF APPLICATIONS FOR BINGO LICENSES, AND TO PROVIDE THAT WHENEVER A PROFESSIONAL DESIGNATION OR LICENSE IS LEGISLATIVELY MANDATED FOR EMPLOYMENT BY THE DEPARTMENT OF REVENUE, THE DEPARTMENT IS RESPONSIBLE FOR THE ANNUAL COST TO MAINTAIN THE REQUIRED DESIGNATION OR LICENSE; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE CONFIDENTIALITY AND EXCEPTIONS THERETO OF REPORTS AND RETURNS FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO ALLOW THE DISCLOSURE OF INFORMATION ON A RETURN TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR THE PURPOSE OF VERIFYING MEDICAID ELIGIBILITY; BY ADDING SECTION 11-11-160 SO AS TO PROVIDE FOR THE TRANSFER OF APPROPRIATIONS WITHIN AN AGENCY’S BUDGET DURING THE FISCAL YEAR; BY ADDING SECTION 11-5-280 SO AS TO AUTHORIZE THE STATE TREASURER TO ENTER INTO CONTRACTS ALLOWING A STATE AGENCY OR INSTITUTION TO ACCEPT CREDIT CARDS IN PAYMENT FOR GOODS OR SERVICES PROVIDED; BY ADDING SECTION 11-3-185 SO AS TO PROVIDE FOR THE EXPENDITURE OF FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY BY WARRANT REQUISITIONS DIRECTED TO THE COMPTROLLER GENERAL WHO, AFTER APPROVAL, ISSUES A WARRANT TO THE STATE TREASURER DIRECTING PAYMENT; BY ADDING SECTION 11-13-45 SO AS TO PROVIDE FOR THE DEPOSIT OF FEDERAL AND OTHER FUNDS IN THE STATE TREASURY AND TO PROVIDE FOR THE USE OF THE FUNDS DEPOSITED; BY ADDING SECTION 11-13-140 SO AS TO PROVIDE THAT WHERE FEDERAL LAW OR REGULATION GOVERNING FEDERAL FUNDS ALLOCATED TO STATE AGENCIES INCLUDES REQUIREMENTS RELATING TO BANKING PROCEDURES, THE STATE TREASURY IS DEEMED TO MEET THE DEFINITION OF A BANK; BY ADDING SECTION 1-11-475 SO AS TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL DEVISE A PLAN FOR THE EXPENDITURE OF STATE AGENCY APPROPRIATIONS FOR EMPLOYER CONTRIBUTIONS; TO AMEND SECTION 8-11-170, RELATING TO THE REQUIREMENT FOR ADVANCE APPROVAL BY THE AGENCY HEAD SALARY COMMISSION AND THE STATE BUDGET AND CONTROL BOARD FOR DUAL STATE EMPLOYMENT FOR AN AGENCY HEAD, SO AS TO REQUIRE TIMELY PAYMENT OF AN EMPLOYEE APPROVED FOR DUAL EMPLOYMENT; BY ADDING SECTION 8-11-35 SO AS TO PROVIDE THE PAY SCHEDULE FOR STATE EMPLOYEES, PROVIDE THAT SALARIES APPROPRIATED ARE THE MAXIMUM COMPENSATION FOR THE POSITION, TO PROVIDE RESTRICTIONS ON DUAL COMPENSATION AND EXPENSES, TO REQUIRE REPORTING OF EMPLOYEES RECEIVING DUAL COMPENSATION, AND TO EXEMPT THE HIRING OF SHORT-TERM EMPLOYEES FROM REGULATIONS GOVERNING APPOINTMENTS AND RESTRICTIONS ON NEPOTISM; BY ADDING SECTION 8-11-196 SO AS TO PROVIDE THAT CONDITIONS UPON WHICH A STATE AGENCY OR INSTITUTION MAY HIRE EMPLOYEES TO FILL TEMPORARY GRANT POSITIONS SPECIFIED IN FEDERAL GRANTS, PUBLIC CHARITY GRANTS, PRIVATE FOUNDATION GRANTS, RESEARCH GRANTS, AND POSITIONS WITH TIME LIMITED FUNDING APPROVED OR AUTHORIZED BY A STATE AUTHORITY; BY ADDING SECTION 1-11-67 SO AS TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ASSESS AND COLLECT A RENTAL CHARGE FROM ALL STATE DEPARTMENTS AND AGENCIES THAT OCCUPY STATE BUDGET AND CONTROL BOARD SPACE IN STATE-CONTROLLED OFFICE BUILDINGS, TO PROVIDE A BASIS TO CALCULATE THE CHARGE, DISBURSE THE MONIES COLLECTED, AND APPORTION THE PAYMENT OF THE CHARGE; BY ADDING SECTION 1-11-425 SO AS TO PROVIDE THAT ALL AGENCIES SHALL PRINT CERTAIN INFORMATION ON THE LAST PAGE OF CERTAIN BOUND PUBLICATIONS; BY ADDING SECTION 8-11-199 SO AS TO PROVIDE THAT A STATE AGENCY OR INSTITUTION MAY NOT PAY OR REIMBURSE AN EMPLOYEE FOR PROFESSIONAL DUES PAYMENTS TO THE AMERICAN BAR ASSOCIATION; BY ADDING SECTION 10-1-55 SO AS TO PROVIDE THAT A LOCAL GOVERNMENT ENTITY WHICH DEMANDS PAYMENT OF RENT OR LEASE PAYMENTS FROM A STATE AGENCY OR INSTITUTION, UNDER CERTAIN CIRCUMSTANCES, MUST HAVE A CERTAIN PERCENTAGE OF THE CHARGE DEDUCTED FROM ITS LOCAL GOVERNMENT STATE AID TO SUBDIVISIONS ALLOCATION, AND TO PROVIDE THAT THE STATE AGENCY MUST BE REIMBURSED THE ACTUAL AMOUNT PAID AND THE BALANCE MUST BE CREDITED TO THE GENERAL FUND OF THE STATE FROM THE PORTION OF THE DEDUCTED ALLOCATION; TO AMEND SECTION 8-11-15, RELATING TO THE MINIMUM FULL-TIME WORKWEEK FOR STATE AGENCIES AND INSTITUTIONS AND ALTERNATIVE SCHEDULING, SO AS TO PROVIDE THAT STATE AGENCIES MAY USE ALTERNATE WORK LOCATIONS, INCLUDING TELECOMMUTING, THAT RESULT IN GREATER EFFICIENCY AND COST SAVINGS; TO AMEND SECTION 11-9-85, RELATING TO TAX AND FEE REVENUE CALCULATED ON AN ACCRUAL BASIS, SO AS TO PROVIDE FOR CALCULATING THE DEED RECORDING FEE IMPOSED BY CHAPTER 24, TITLE 12 ON AN ACCRUAL BASIS; TO AMEND SECTION 4-9-150, AS AMENDED, RELATING TO AUDITS OF COUNTY RECORDS, SO AS TO PROVIDE THAT IF A COPY OF THE REPORT OF A COUNTY’S AUDIT REQUIRED TO BE SUBMITTED TO THE COMPTROLLER GENERAL IS NOT TIMELY FILED, FUNDS DISTRIBUTED BY THE COMPTROLLER GENERAL TO THE COUNTY MUST BE WITHHELD PENDING RECEIPT OF A COPY OF THE REPORT; TO AMEND CHAPTER 11, TITLE 8, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-11-75 SO AS TO PROVIDE THAT AN EMPLOYEE PARTICIPATING IN A PLAN UNDER THE DEFERRED COMPENSATION PROGRAM MAY REPAY A LOAN MADE BY THE EMPLOYEE BY MEANS OF A PAYROLL DEDUCTION FROM HIS COMPENSATION; AND TO APPROPRIATE AND TRANSFER FUNDS FROM THE EDUCATION LOTTERY ACCOUNT FOR FISCAL YEAR 2002-2003 AND PROVIDE THE USES OF THE FUNDS APPROPRIATED AND TRANSFERRED; BY ADDING SECTION 25-1-1440 SO AS TO PROVIDE FOR THE MAINTENANCE AND CARE OF THE CAISSON OWNED BY THE ADJUTANT GENERAL; BY ADDING SECTION 59-150-355 SO AS TO APPROPRIATE FISCAL YEAR 2002-2003 CERTIFIED NET LOTTERY PROCEEDS AND INVESTMENT EARNINGS FOR THE FISCAL YEAR BEGINNING JULY 1, 2002, IN ACCORDANCE WITH THE PROVISIONS OF ACT 59 OF 2001, TO APPROPRIATE FISCAL YEAR 2001-2002 CERTIFIED NET LOTTERY PROCEEDS AND INVESTMENT EARNINGS, TO APPROPRIATE UNCLAIMED PRIZE MONEY, AND TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO AMEND SECTION 59-149-10, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE LIFE SCHOLARSHIP, SO AS TO PROVIDE THAT ELIGIBLE STUDENTS MAY ATTEND A FOUR-YEAR PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING, TO LIMIT THE AMOUNT OF THAT SCHOLARSHIP TO FOUR THOUSAND SEVEN HUNDRED DOLLARS PLUS A THREE HUNDRED DOLLAR BOOK ALLOWANCE, TO LIMIT THE SCHOLARSHIP TO A TWO-YEAR INDEPENDENT INSTITUTION TO THE MAXIMUM COST OF ATTENDANCE AT A TWO-YEAR PUBLIC INSTITUTION, AND TO PROVIDE FOR THE BOOK ALLOWANCE FOR ELIGIBLE STUDENTS AT TWO-YEAR INSTITUTIONS; TO AMEND SECTION 59-149-50, AS AMENDED, RELATING TO ELIGIBILITY FOR THE LIFE SCHOLARSHIP, BY DELETING THE REQUIREMENT OF A MAY 1995 OR LATER GRADUATION; TO AMEND SECTION 59-149-60, RELATING TO THE LIMITS OF ELIGIBILITY FOR THE LIFE SCHOLARSHIP, SO AS TO DELETE THE REQUIREMENT THAT ELIGIBLE STUDENTS ENROLL IN AN ELIGIBLE INSTITUTION WITHIN TWO YEARS OF HIGH SCHOOL GRADUATION; TO AMEND TITLE 2, RELATING TO THE GENERAL ASSEMBLY, BY ADDING CHAPTER 75 SO AS TO CREATE THE SOUTH CAROLINA RESEARCH CENTERS OF ECONOMIC EXCELLENCE, TO ESTABLISH ENDOWED RESEARCH PROFESSORSHIPS AT CLEMSON UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, AND THE UNIVERSITY OF SOUTH CAROLINA, TO PROVIDE FOR THE COMPETITIVE SCREENING FOR AND AWARD OF GRANTS MATCHING PRIVATE FUNDING, AND TO OTHERWISE ENCOURAGE RESEARCH AND DEVELOPMENT IN AREAS TARGETED TO CREATE JOBS AND ECONOMIC OPPORTUNITIES; TO AMEND SECTION 59-150-350, RELATING TO APPROPRIATIONS FOR AND ALLOCATIONS TO CERTAIN EDUCATIONAL PURPOSES AND PROGRAMS FROM THE EDUCATION LOTTERY ACCOUNT, SO AS TO DELETE THE LIMIT OF ONE PERCENT OF NET PROCEEDS IN THE ALLOCATION TO THE SOUTH CAROLINA STATE LIBRARY FOR PUBLIC LIBRARY STATE AID, TO PROVIDE FOR TUITION ASSISTANCE INSTEAD OF FREE TUITION TO STATE TECHNICAL COLLEGES AND TWO-YEAR PUBLIC INSTITUTIONS, TO PROVIDE FOR THE ALLOCATIONS FOR THE PURCHASE OR REPAIR OF SCHOOL BUSES, SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION DIGITALIZATION, A CONSTRUCTION AND RENOVATION FUND FOR HISTORICALLY BLACK COLLEGES AND UNIVERSITIES, AND TUITION GRANTS, AND TO DELETE THE ALLOCATION FOR YOUTH EDUCATION SCHOLARSHIPS; TO AMEND SECTION 59-150-360, RELATING TO ATTENDANCE AT A TECHNICAL COLLEGE OR A TWO-YEAR INSTITUTION, SO AS TO PROVIDE FOR TUITION ASSISTANCE RATHER THAN FREE TUITION, TO PERMIT TUITION ASSISTANCE ONLY IF THE STUDENT IS NOT A LIFE SCHOLARSHIP RECIPIENT, TO PROVIDE FOR THE STATE BOARD OF TECHNICAL AND COMPREHENSIVE EDUCATION AND THE COMMISSION ON HIGHER EDUCATION TO IMPLEMENT REGULATIONS IN CONNECTION WITH TUITION ASSISTANCE, TO DELETE AN ACADEMIC FEE ALLOWANCE, AND TO LIMIT TUITION ASSISTANCE TO THE MAINTENANCE OF A GRADE POINT AVERAGE OF 2.0 AND TO THE EARNING OF ONE DEGREE IN FIVE YEARS; TO AMEND SECTION 59-150-370, RELATING TO THE SC HOPE SCHOLARSHIP, SO AS TO AUTHORIZE A MAXIMUM AMOUNT OF TWO THOUSAND FIVE HUNDRED DOLLARS, PLUS A BOOK ALLOWANCE OF ONE HUNDRED FIFTY DOLLARS, FOR THE FIRST YEAR OF ATTENDANCE ONLY AND TO AN ELIGIBLE STUDENT WHO IS NOT THE RECIPIENT OF A LIFE OR PALMETTO FELLOWS SCHOLARSHIP, AND TO PROVIDE THAT THERE ARE NO TEST SCORE AND CLASS RANK REQUIREMENTS FOR ELIGIBILITY FOR THE SC HOPE SCHOLARSHIP; TO AMEND SECTION 59-104-20, AS AMENDED, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP, SO AS TO PROVIDE FOR AN ANNUAL MAXIMUM AMOUNT OF SIX THOUSAND SEVEN HUNDRED DOLLARS, TO LIMIT THE AMOUNT RECEIVED IN ADDITION TO OTHER GRANTS AND SCHOLARSHIPS, TO PROVIDE FOR THE ALLOCATION OF A PROPORTIONATE PERCENTAGE OF PALMETTO FELLOW SCHOLARSHIPS TO STUDENTS ATTENDING FOUR-YEAR INDEPENDENT INSTITUTIONS, AND TO REQUIRE AUTOMATIC APPROPRIATION FROM THE GENERAL FUND TO COVER ANY SHORTFALL FROM ALL OTHER SOURCES IN FUNDING OF PALMETTO FELLOWS SCHOLARSHIPS FOR ALL ELIGIBLE PERSONS; BY ADDING SECTION 59-150-75 SO AS TO PROVIDE FOR THE ENTRY INTO A MULTI-STATE AGREEMENT BY THE SOUTH CAROLINA LOTTERY COMMISSION FOR THE OFFER OF MULTI-STATE LOTTERY PRODUCTS; AND BY ADDING SECTION 59-1-525 SO AS TO PROVIDE FOR THE IMPLEMENTATION OF A SCHOOLWIDE GRANT PROGRAM TO INCREASE THE ACADEMIC PERFORMANCE OF STUDENTS IN GRADES K-5 IN THE CORE ACADEMIC AREAS OF READING, MATHEMATICS, SOCIAL STUDIES, AND SCIENCE, TO DESIGNATE DESIRED COMPETENCIES, AND TO PROVIDE FOR THE GRANT APPLICATION AND AWARD PROCESS; TO TRANSFER FROM A SECURE REVENUE ACCOUNT TO THE GENERAL FUND FOR FISCAL YEAR 2001-2002 CERTAIN MONIES EARLIER TRANSFERRED FROM THE EXTENDED CARE MAINTENANCE FUND; TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO BORROW SURPLUS FUNDS FROM STATE AGENCIES IN AN AMOUNT NEEDED TO BALANCE THE BUDGETARY GENERAL FUND; TO TRANSFER FOR FISCAL YEAR 2002-2003 ONLY THE CONTINUUM OF CARE FROM THE GOVERNOR’S OFFICE TO THE DEPARTMENT OF SOCIAL SERVICES; TO DIRECT THE DEPARTMENT OF EDUCATION TO FULLY IMPLEMENT THE STUDENT INFORMATION SYSTEM FOR FISCAL YEARS 2002-2003 ONLY AND TO USE CERTAIN FUNDS FOR THIS PURPOSE, AND TO DIRECT THE DEPARTMENT FOR FISCAL YEAR 2002-2003 ONLY TO REDISTRIBUTE CERTAIN GENERAL FUND ADULT EDUCATION REDUCTIONS; TO DIRECT THE BUDGET AND CONTROL BOARD TO PROVIDE TRANSITION SERVICES TO CONSTITUTIONAL OFFICERS ELECTED DURING FISCAL YEAR 2002-2003; TO AMEND SECTION 8-11-620, RELATING TO LEAVE AND LUMP-SUM PAYMENTS FOR LEAVE, SO AS TO PROVIDE THAT A RETIRED MEMBER OF THE POLICE OFFICERS RETIREMENT SYSTEM HIRED TO FILL CERTAIN POSITIONS IS NOT ELIGIBLE FOR A LUMP-SUM PAYMENT FOR UNUSED LEAVE; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO EXEMPT RETIRED MEMBERS OF THE POLICE OFFICERS RETIREMENT SYSTEM HIRED TO FILL CERTAIN POSITIONS; TO AMEND SECTION 9-11-90, AS AMENDED, RELATING TO RETURNING TO SERVICE UNDER THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ELIMINATE THE EARNINGS LIMITATION FOR A RETIRED MEMBER OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO IS HIRED IN A POSITION COVERED BY THAT RETIREMENT SYSTEM OR OTHER STATE RETIREMENT SYSTEMS AND TO REDUCE FROM SIXTY DAYS TO FIFTEEN CONSECUTIVE CALENDAR DAYS THE MINIMUM INTERVAL BEFORE A RETIRED MEMBER OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM MAY BE HIRED BY A COVERED EMPLOYER WITHOUT AFFECTING THE MEMBER’S RETIREMENT ALLOWANCE; TO REQUIRE SEVEN MILLION DOLLARS FOR FISCAL YEAR 2002-2003 ONLY TO BE APPROPRIATED TO SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS FROM NONRECURRING 2002-2003 REVENUE; TO REQUIRE THE STATE TREASURER TO TRANSFER CERTAIN FUNDS TO THE BARNWELL ECONOMIC DEVELOPMENT FUND; TO PROVIDE FOR THE TRANSFER OF VARIOUS PARCELS OF REAL PROPERTY FROM THE CHARLESTON NAVAL COMPLEX REDEVELOPMENT AUTHORITY TO THE CITY OF NORTH CHARLESTON UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR THE CONTINUATION ON SHARING OF SPECIFIC BENEFITS, REVENUES, AND FUNDING UPON SUCH TRANSFER; TO AMEND AN ACT OF 2002 BEARING RATIFICATION NUMBER 317, RELATING TO THE LOCATION OF NEW TERMINAL FACILITIES FOR THE SOUTH CAROLINA STATE PORTS AUTHORITY, SO AS TO PROVIDE THAT THE STATE RATHER THAN THE STATE BUDGET AND CONTROL BOARD SHALL PROVIDE CERTAIN INDEMNIFICATION TO THE MEMBERS OF THE BOARD OF THE STATE PORTS AUTHORITY.
ANALYSIS: This act is cited as the “Budget Proviso Codification Act”. Section 1 of the act , divided into twelve parts by agency or subject matter, is a compilation in permanent statutory law of “budget provisos” included each year in the annual general appropriations act. Those provisions included in Section 1 of the act, through annual reenactment in the appropriations act, have had the effect of permanent law. Once codified and made permanent law by this act, these provisions may be omitted from subsequent appropriations bills and will be indexed and included in future code supplements and replacement volumes making them more accessible to the public, bench, and bar.
Section 3 of this act contains the “lottery spending” provisions enacted by the General Assembly to provide for both one time and recurring use of South Carolina State Lottery revenue as follows:
Kindergarten-twelfth grade - recurring and nonrecurring revenue:
▪ $24 million to fund the Education accountability Act (includes funds for homework centers, retraining grants, external review teams, teacher specialists, principal specialists, school based pilot programs and Palmetto Gold and Silver Awards)
▪ $32.9 million for kindergarten through fifth grade reading, math, science and social studies programs
▪ $29 million for school buses including the remaining $6 million in unclaimed prize funds subsequent to the $1 million of funding for compulsive gambling disorder education programs described below.
▪ $2 million for teacher grants to assist teachers to achieve advanced degrees.
Higher Education- recurring and nonrecurring revenue
▪ $45 million to expand the LIFE and Palmetto Fellows scholarship programs. LIFE is funded at cost of tuition plus $300 for books to a maximum level of $5,000. All students eligible for the LIFE Scholarship must receive the $300 book allowance. Palmetto Fellows Scholarships are increased to $6,700 annually for all eligible students.
▪ $30 million to fund endowed chairs at the state’s research universities.
▪ $5.8 million to fund the new HOPE Scholarships at $2,500 plus a $150 book allowance. Eligible students must have B average in High School, but not otherwise eligible for LIFE Scholarship.
▪ $21.7 million to fund technology for higher education.
▪ $3 million for tuition grants
▪ $3 million for needs-based grants
▪ $1.5 million for National Guard scholarships
▪ $3 million for maintenance and repair (nonrecurring) and $1 million for South Carolina State University for research and technology (nonrecurring)
Other- recurring and nonrecurring revenue
▪ $18.5 million for ETV digitalization
▪ $1.5 million public library aid
▪ $1 million for compulsive gambling disorder education programs from unclaimed prize funds.
Further, the act adds a new Chapter 75 in Title 59 of the 1976 Code enacting the South Carolina Research Center and Economic Excellence establishing endowed professorships at Clemson University, the Medical University of South Carolina, and the University of South Carolina. A research Center of Excellence Review Board is established to oversee and operate the endowment fund established in the act.
The remaining permanent provisions in this act deal with retirement law affecting members of the South Carolina Police Officers Retirement System. These provisions eliminate the earnings limitation applicable to retired members of SCPORS who return to covered employment. The break in service required before a police system retiree may return to covered employment is reduced from sixty days to fifteen consecutive days. SCPORS retirees who return to employment in state agencies are ineligible to be paid for accumulated annual leave on termination and these employees are exempted from coverage by the State Employee Grievance Procedure Act.
(A357, R426, H3142) Effective: 7/26/02
Labor and employment; the “Right to Work” chapter revisions; director to ensure compliance; civil procedures; labor organization membership; membership dues deductions
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-7-75 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO ENSURE COMPLIANCE WITH THE PROVISIONS OF CHAPTER 7, TITLE 41, CONCERNING “THE RIGHT TO WORK”, TO REQUIRE THE DIRECTOR TO COOPERATE WITH AN EMPLOYEE IN THE INVESTIGATION AND ENFORCEMENT OF CLAIMS, TO AUTHORIZE THE DIRECTOR TO ENTER A PLACE OF EMPLOYMENT TO EVALUATE COMPLIANCE, TO PROHIBIT OBSTRUCTING THE DIRECTOR IN CARRYING OUT HIS DUTIES AND TO PROVIDE PENALTIES; BY ADDING SECTION 41-7-100 SO AS TO ESTABLISH CIVIL PENALTIES FOR VIOLATIONS OF CHAPTER 7, TITLE 41, TO REQUIRE THE DIRECTOR TO PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED, AND TO AUTHORIZE AN APPEAL TO THE ADMINISTRATIVE LAW JUDGE DIVISION FROM A FINAL ACTION OF THE DEPARTMENT; TO AMEND SECTION 41-7-30, RELATING TO PROHIBITING AN EMPLOYER FROM REQUIRING OR PROHIBITING MEMBERSHIP IN A LABOR ORGANIZATION AS A CONDITION OF EMPLOYMENT, SO AS TO ALSO PROHIBIT A PERSON OR A LABOR ORGANIZATION FROM PARTICIPATING IN AN AGREEMENT OR PRACTICE THAT HAS THE EFFECT OF REQUIRING SUCH MEMBERSHIP AND TO PROHIBIT A PERSON OR LABOR ORGANIZATION FROM INDUCING AN EMPLOYER TO VIOLATE THIS SECTION; AND TO AMEND SECTION 41-7-40, RELATING TO THE AUTHORITY TO DEDUCT LABOR ORGANIZATION MEMBERSHIP DUES FROM WAGES IF AN EMPLOYEE ENTERS A ONE YEAR IRREVOCABLE WRITTEN AGREEMENT AUTHORIZING THE DEDUCTION, SO AS TO PROVIDE THAT THE EMPLOYEE HAS THE RIGHT TO REVOKE THE AGREEMENT AFTER ONE YEAR.
ANALYSIS: This act requires the Director of the Department of Labor, Licensing and Regulation to ensure that employers comply with the requirements of the chapter which concern the “right to work”. Further, it requires the director to cooperate with employees in investigations and claims against employers and it authorizes the director to enter a place of employment to evaluate compliance following the filing of a complaint. The act establishes a civil fine of up to one hundred dollars for each violation of the chapter and includes a person obstructing the director in carrying out his duties as a violation. It also requires the director to promulgate regulations establishing procedures for the review of civil fines and provides that appeals of final agency actions may be made to an administrative law judge.
The act also prohibits an employee from requiring a person to join a labor organization as a condition of employment and it prohibits a labor organization from participating in a practice that has the effect of requiring labor organization membership as a condition of employment.
Finally, the act provides that, while it is permissible to deduct labor organization membership dues from an employee’s wages upon request of the employee, a person has the absolute right to revoke the request any time after one year.
(R292, S963) Effective: Vetoed 5/14/02.
Unlawfully passing a stopped school bus; magistrate’s court offense, prior offenses defined
TO AMEND SECTION 56-5-2780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES IMPOSED FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO AS TO PROVIDE THAT A FIRST OFFENSE VIOLATION OF THE PROVISIONS THAT PROVIDE THAT IT IS UNLAWFUL TO PASS A STOPPED SCHOOL BUS MUST BE TRIED IN MAGISTRATE’S COURT, AND PROVIDE A DEFINITION FOR PRIOR OFFENSES.
ANALYSIS: This act provides that a person who unlawfully passes a stopped school bus must be tried in magistrate’s court for a first offense. It also defines prior offenses for purposes of this section.
(R302, H4435) Vetoed 5/16/02.
Claim, verified not required under Tort Claims Act
TO AMEND SECTIONS 15-78-80 AND 15-78-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO DELETE THE REQUIREMENT THAT A CLAIM BE VERIFIED.
ANALYSIS: This act deletes requirement that claims be verified under the South Carolina Tort Claims Act.
(R382, H4260) Effective: Vetoed 6/3/02
Rabies Control Act, chapter revised
TO AMEND CHAPTER 5, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES CONTROL, SO AS TO REVISE DEFINITIONS AND ADD NEW DEFINITIONS, TO PROHIBIT THE SALE OF OFFSPRING BORN TO A CARNIVORE OR OTHER ANIMAL CROSSBRED WITH A WILD CARNIVORE, TO RESTRICT PUBLIC EXHIBITIONS OF WILD CARNIVORES AND OTHER ANIMALS FOR WHICH A RABIES VACCINE DOES NOT EXIST, TO REVISE RABIES REPORTING REQUIREMENTS, TO CHANGE THE TIME WITHIN WHICH A PHYSICIAN IS REQUIRED TO REPORT AN ANIMAL BITE FROM TWELVE HOURS TO THE NEXT WORKING DAY, TO REVISE QUARANTINE REQUIREMENTS, AND TO REVISE THE PUNISHMENT FOR CHAPTER VIOLATIONS TO THE MAXIMUM PENALTIES.
ANALYSIS: This act revises various provisions of the Rabies Control Act. It establishes that the enforcement of this act is to be carried out under the direct supervision of the Department of Health and Environmental Control.
The act clarifies that the prohibition against selling carnivores does not include the sale, donation, or transfer of carnivores between publicly-owned zoos or South Carolina animal dealers licensed by the U.S. Department of Agriculture. Further the act prohibits the public exhibiting of carnivores unless no contact between the animals and the public is possible in that there is no rabies vaccine for carnivores.
The act extends the time within which a physician must report an animal bite to the county health department from twelve hours to the end of the next working day. It also revises the quarantine provisions for animals known to have been bitten by or exposed to an animal affected by rabies and the quarantine and inoculation requirements when there is the danger of rabies spreading in the community.
Finally, the act deletes the provision requiring a pet owner to reimburse the department for antirabic vaccine if the owner’s pet has bitten a person and the pest has, or is suspected of having rabies, and the criminal penalties for violations of this chapter are increased to the maximum allowed to be imposed in magistrate’s court.
(R421, S65) Effective: As of August 1, 2002, the Governor had neither signed nor vetoed this legislation.
Elections, name on ballot; when special elections not required; president and vice president certification
TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO FURTHER PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A CANDIDATE’S NAME MAY NOT APPEAR ON THE BALLOT; TO AMEND SECTION 7-13-190, AS AMENDED, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO PROVIDE THE CONDITIONS UNDER WHICH SPECIAL ELECTIONS TO FILL A VACANCY IN AN OFFICE ARE NOT REQUIRED; AND TO AMEND SECTION 7-13-350, AS AMENDED, RELATING TO CERTIFICATION OF CANDIDATES AND VERIFICATION OF QUALIFICATIONS, SO AS TO REVISE THE DATES BY WHICH CANDIDATES FOR PRESIDENT AND VICE PRESIDENT MUST BE CERTIFIED.
ANALYSIS: This act amends Section 7-11-15, which states requirements that one must complete in order to qualify as a candidate to run in a general election. This provision currently states in item (3) that no candidate’s name may appear on a primary election ballot, convention slate of candidates, general election ballot, or special election ballot, except as otherwise provided by law, if the candidate’s statement of intention of candidacy has not been filed with the county election commission or the State Election Commission, as the case may be, by the deadline. This act adds a second requirement that the candidate must also be certified by the appropriate political party as required by Sections 7-13-40 and 7-13-350, as applicable.
This act also amends Section 7-13-190 by adding subsection (E). Subsection (E)(1) states that a special election to fill a vacancy in an office is not required if fourteen calendar days have elapsed since the filing period for that office has closed, when only one person has filed for the office and no one has filed a declaration to be a write-in candidate. If that occurs, the unopposed candidate is deemed elected and the term of office begins on the Monday following certification of the election. When no one has filed a declaration to be a write-in candidate, the candidate who filed for the office must be declared the winner by the authority charged by law with conducting the election, and the votes for the election must not be counted or otherwise tabulated. However, the ballot does not need to be reprinted to delete the winning candidates name.
This act also amends Section 7-13-350 to revise the dates from August thirtieth to September tenth by which candidates for President and Vice President must be certified.
(R429, H4429) Effective: As of August 1, 2002 the Governor had neither vetoed or signed this legislation.
South Carolina Underwater Antiquities Act of 1991 revised
TO AMEND SECTION 54-7-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1991, SO AS TO REVISE THE DEFINITIONS OF “FIELD ARCHAEOLOGIST”, “STATE ARCHAEOLOGIST”, AND “UNDERTAKING”; TO AMEND SECTION 54-7-670, AS AMENDED, RELATING TO A HOBBY LICENSE FOR PERSONS WISHING TO CONDUCT TEMPORARY, INTERMITTENT, RECREATIONAL, SMALL SCALE, NONCOMMERCIAL SEARCH, AND RECOVERY OF SUBMERGED PROPERTY, SO AS TO REVISE THE LICENSE FEE, DELETE ALL OTHER CATEGORIES OF HOBBY LICENSES EXCEPT A TWO-YEAR LICENSE; AND DELETE THE REQUIREMENT TO FILE CERTAIN REPORTS UNDER A HOBBY LICENSE WITHIN A WEEK AFTER DIVING ACTIVITIES TOOK PLACE; TO AMEND SECTION 54-7-710, RELATING TO CRITERIA FOR ISSUING AN EXCLUSIVE LICENSE, SO AS TO CHANGE CERTAIN CRITERIA; TO AMEND SECTION 54-7-740, RELATING TO ADDITIONAL PROVISIONS APPLICABLE TO LICENSES ISSUED BY THE STATE ARCHAEOLOGIST, SO AS TO CHANGE THIS TITLE TO THE STATE UNDERWATER ARCHAEOLOGIST; TO AMEND SECTION 54-7-800, RELATING TO THE SUSPENSION OF A LICENSE ISSUED BY THE INSTITUTE OF ARCHAEOLOGY AND ANTHROPOLOGY, SO AS TO CHANGE THE TITLE OF THE STATE ARCHAEOLOGIST TO THE STATE UNDERWATER ARCHAEOLOGIST; TO AMEND SECTION 54-7-810, RELATING TO PENALTIES FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1991, SO AS TO DELETE REFERENCES TO SECTION 54-7-680 WHICH IS REPEALED BY THIS ACT; TO AMEND SECTION 54-7-820, RELATING TO THE RETENTION AND DISTRIBUTION OF DATA FOR RESEARCH OR EDUCATIONAL PURPOSES, SO AS TO CHANGE THE TITLE OF THE STATE ARCHAEOLOGIST TO THE STATE UNDERWATER ARCHAEOLOGIST, AND DELETE REFERENCES TO THE DEPUTY STATE ARCHAEOLOGIST FOR UNDERWATER; AND TO REPEAL SECTION 54-7-680 RELATING TO THE ISSUANCE OF AN INSTRUCTIONAL LICENSE TO ALLOW STUDENT DIVERS OR CHARTER GROUP DIVERS WITHOUT INDIVIDUAL HOBBY LICENSES TO COLLECT ARTIFACTS.
ANALYSIS: This act amends Section 54-7-620 definitions of “field archaeologist”, “state archaeologist”, and “undertaking”; amends Section 54-7-670 so as to revise the license fee, delete all other categories of hobby licenses except a two-year license; and delete the requirement to file certain reports under a hobby license; amends Section 54-7-710 so as to change certain criteria for issuing an exclusive license; amends Section 54-7-740, relating to licenses issued by the state archaeologist, so as to change this title to the state underwater archaeologist; amends Section 54-7-800, relating to the suspension of licenses, so as to change the title of the state archaeologist to the state underwater archaeologist; amends Section 54-7-810, relating to penalties, so as to delete references to Section 54-7-680 which is repealed by this act; amends Section 54-7-820, relating to research data, so as to change the title of the state archaeologist to the state underwater archaeologist, and delete references to deputy state archaeologist for underwater; and repeals Section 54-7-680 relating to instructional licenses.
(R433, H4981) Effective: As of August 1, 2002, the Governor had neither signed nor vetoed this legislation.
Controlled substances; felony created for theft of prescriptions; prescriptions for controlled substances; hypodermic needle sales and record requirements, and exemptions
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-365 SO AS TO CREATE A FELONY OFFENSE FOR THEFT OF A CONTROLLED SUBSTANCE AND TO PROVIDE A PENALTY OF UP TO FIVE YEARS AND FIVE THOUSAND DOLLARS FOR A FIRST OFFENSE AND UP TO TEN YEARS AND TEN THOUSAND DOLLARS FOR A SUBSEQUENT OFFENSE; TO AMEND SECTION 44-53-360, RELATING TO REQUIREMENTS FOR DISPENSING CONTROLLED SUBSTANCES, SO AS TO ONLY AUTHORIZE PRESCRIBING A THIRTY-ONE DAY SUPPLY OF SCHEDULE II-V CONTROLLED SUBSTANCES, RATHER THAN ALSO AUTHORIZING PRESCRIPTIONS FOR UP TO ONE HUNDRED TWENTY DOSAGE UNITS, TO EXEMPT TRANSDERMAL PATCHES FROM THIS LIMITATION, AND TO INCREASE FROM THIRTY DAYS TO SIXTY DAYS THE TIME WITHIN WHICH A SCHEDULE II CONTROLLED SUBSTANCE PRESCRIPTION MUST BE FILLED; TO AMEND SECTION 44-53-950, RELATING TO THE DEPARTMENT’S AUTHORITY TO AUDIT HYPODERMIC SALES RECORDS, PROMULGATE REGULATIONS, AND EXEMPTIONS FROM CERTAIN HYPODERMIC NEEDLE SALES REQUIREMENTS, SO AS TO DELETE THE PROVISIONS REGARDING THE DEPARTMENT’S AUTHORITY TO AUDIT RECORDS AND TO PROMULGATE REGULATIONS; AND TO REPEAL SECTIONS 44-53-910, 44-53-920, AND 44-53-940 ALL RELATING TO THE RETAIL SALE OF HYPODERMIC NEEDLES, RECORDS PERTAINING TO THESE SALES, AND CIRCUMSTANCES IN WHICH SIGNATURES ARE NOT REQUIRED FOR OBTAINING HYPODERMIC NEEDLES.
ANALYSIS: This act creates a felony offense for theft of a controlled substance and provides a penalty of up to five years or five thousand dollars, or both, for a first offense and up to ten years or ten thousand dollars, or both, for a subsequent offense.
Further, the act revises certain controlled substance prescription requirements, including eliminating the authority to prescribe one hundred twenty-four dosage units, leaving in place the authority to prescribe a thirty-one day supply, requiring a prescription for certain controlled substances to be filled within thirty, rather than sixty, days of being written, and requiring the dispenser of a controlled substance to know the recipient or to require identification before dispensing to the person.
Finally, the act removes all audit and sales requirements for the sale of hypodermic needles and syringes, except for requiring these sales to be made only through a registered pharmacist, providing penalties for violations, and exempting certain veterinarians and durable medical equipment providers from these requirements.
(R439, S41) Effective: As of August 1, 2002, the Governor had neither signed nor vetoed this legislation.
Alarm system business industry; license requirements and fees
TO AMEND SECTION 40-79-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE RESPONSIBILITIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION CONCERNING REGULATING THE ALARM SYSTEM BUSINESS INDUSTRY, SO AS TO PROVIDE THAT CERTAIN LICENSURE FEES INCLUDE A PRIMARY QUALIFYING PARTY CERTIFICATE; TO AMEND SECTIONS 40-79-110 AND 40-79-130, BOTH AS AMENDED, BOTH RELATING TO GROUNDS FOR DISCIPLINARY ACTION AGAINST AN ALARM SYSTEM BUSINESS LICENSEE, SO AS, RESPECTIVELY, TO CLARIFY THE SCOPE OF AUTHORITY OF A LICENSEE AFTER CANCELLATION OF HIS LICENSE AND TO INCLUDE IN SUCH GROUNDS THE CANCELLATION OF A LICENSE OR REGISTRATION; TO AMEND SECTION 40-79-220 RELATING TO BURGLAR ALARM SYSTEM BRANCH OFFICES AND REGISTERED EMPLOYEE REQUIREMENTS, SO AS TO PROVIDE THAT A BRANCH OFFICE MAY NOT CONDUCT BUSINESS UNTIL A LICENSE NUMBER HAS BEEN ISSUED, TO REQUIRE AN EMPLOYEE TO BE REGISTERED BY THE DEPARTMENT, WHICH INCLUDES A CRIMINAL BACKGROUND CHECK, TO HAVE ACCESS TO CLIENT RECORDS, TO PROVIDE PROCEDURES FOR ACCESS TO RECORDS PENDING THE BACKGROUND CHECK RESULTS, TO REQUIRE NOTIFICATION OF THE DEPARTMENT UPON TERMINATION OF EMPLOYMENT TO PROVIDE THAT CERTAIN TEMPORARY EMPLOYEES ARE NOT REQUIRED TO BE REGISTERED BUT MAY NOT HAVE ACCESS TO CLIENT RECORDS; AND TO AMEND SECTION 40-79-240 RELATING TO LICENSE RENEWAL, SO AS TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 40-79-20, AS AMENDED, RELATING TO DEFINITIONS OF TERMS USED IN THE SOUTH CAROLINA ALARM SYSTEM BUSINESS ACT, SO AS TO REVISE THE DEFINITION OF “REGISTERED” AND BY ADDING DEFINITIONS OF ADDITIONAL TERMS; TO AMEND SECTION 40-79-230, RELATING TO APPLICATIONS FOR LICENSURE TO ENGAGE IN AN ALARM SYSTEM BUSINESS, SO AS TO REQUIRE COMPLETION OF CERTAIN TRAINING PROGRAMS DEPENDING ON THE PROFESSION OF THE PERSON SEEKING LICENSURE.
ANALYSIS: This act revises several provisions relating to the licensure and regulation of the burglar alarm system industry. First it provides that license or renewal fees cover one primary qualifying party certificate for each license issued or renewed. Next it clarifies that a licensee may complete work in progress if an individual’s license is canceled.
The act further specifies branch office requirements which include prohibiting an office from conducting business until a license number has been issued, prohibiting an employee from having access to client records until verification has been obtained that the employee is qualified for registration and has not been convicted of certain crimes and to provide procedures to allow registration if there has been a conviction, authorizing the temporary employment of certain personnel without requiring registration and authorizing employment of monitoring personnel without requiring registration if it is for burglar alarm monitoring only and the individual has not been convicted of certain crimes and could qualify for registration.
Finally, the act requires that an applicant for licensure in the burglar or fire alarm system industry to have completed certain training courses.
(R440, S237) Effective: As of August 1, 2002, the Governor had neither signed nor vetoed this legislation.
Home builders; licensing; Labor, Licensing and Regulation; contractors; residential; home inspectors
TO AMEND TITLE 40, CHAPTER 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENTIAL BUILDERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO PROVIDE CITATION PENALTIES, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF RESIDENTIAL BUILDERS, RESIDENTIAL SPECIALTY CONTRACTORS, AND HOME INSPECTORS.
ANALYSIS: This act conforms the chapter relating to residential builders, specialty contractors, and inspectors to the Labor, Licensing and Regulation guidelines for professional boards and provides for citation penalties and other licensure and regulation requirements.
(R441, S290) Effective: As of August 1, 2002, the Governor had neither signed nor vetoed this legislation.
Telecommunications; service providers; rates; insurance; South Carolina Budget and Control Board; public, Public Service Commission; Department of Revenue; Department of Insurance; taxation
TO AMEND CHAPTER 9, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 23 SO AS TO REGULATE GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDERS, EXCLUDING THAT BY THE STATE BUDGET AND CONTROL BOARD, SPECIFICALLY TO PROHIBIT SPECIAL GOVERNMENTAL BENEFITS, SUBSIDIZATION OF COSTS FROM OTHER SOURCES, INCLUSION OF CERTAIN CAPITAL COSTS AND TAXES AND FEES IN THEIR RATES, AND MAINTENANCE OF SEPARATE BOOKS; TO REQUIRE THAT GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDERS BE SUBJECT TO THE SAME STATUTORY REGULATION AS NONGOVERNMENTAL PROVIDERS AND PREPARE AND PUBLISH AN INDEPENDENT ANNUAL AUDIT; TO PROVIDE FOR PAYMENT AND COLLECTION OF TAXES LIKE A NONGOVERNMENTAL PROVIDER; TO LIMIT THE APPLICABILITY OF THE DEPARTMENT OF REVENUE CONFIDENTIALITY PROVISIONS; TO PROVIDE THAT THE DEPARTMENT OF INSURANCE DETERMINE MARKET RATES AND REQUIRE THE RATE OF PAYMENT BY GOVERNMENTAL PROVIDERS TO EQUAL OR EXCEED THE AVERAGE MARKET RATE; AND TO AMEND SECTION 58-5-30, RELATING TO EXEMPTION OF MUNICIPALITIES FROM CERTAIN REGULATION, SO AS TO EXEMPT PUBLIC UTILITIES OWNED OR OPERATED BY A MUNICIPALITY OR REGIONAL TRANSPORTATION AUTHORITY FROM OTHER REGULATION BY THE PUBLIC SERVICE COMMISSION.
ANALYSIS: This act undertakes to regulate government-owned telecommunications service providers in the same way as those operated by nongovernmental owners.
(R442, S322) Effective: 6/18/02
Guardians ad litem; appointment, qualifications, duties, responsibilities, compensation
TO AMEND SUBARTICLE 2, ARTICLE 11, CHAPTER 7, TITLE 20 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL VISITATION PROVISIONS BY ENACTING THE SOUTH CAROLINA PRIVATE GUARDIAN AD LITEM REFORM ACT, SO AS TO ESTABLISH THE CONDITIONS UNDER WHICH A FAMILY COURT JUDGE MAY APPOINT A GUARDIAN AD LITEM IN CHILD CUSTODY AND VISITATION MATTERS, TO PROVIDE THAT AN ATTORNEY OR A LAYPERSON MAY SERVE AS A GUARDIAN AD LITEM AND TO ESTABLISH QUALIFICATIONS, INCLUDING TRAINING AND CONTINUING EDUCATION, TO AUTHORIZE THE COURT TO APPOINT AN ATTORNEY FOR THE GUARDIAN AD LITEM, TO PROVIDE THE RESPONSIBILITIES, DUTIES, AND SCOPE OF AUTHORITY OF GUARDIANS AD LITEM, TO PROVIDE THAT THE FAMILY COURT JUDGE SHALL ESTABLISH THE METHOD AND RATE OF COMPENSATION FOR A GUARDIAN AD LITEM, TO ESTABLISH GUIDELINES FOR DETERMINING REASONABLENESS OF FEES AND COSTS, AND TO REQUIRE GUARDIANS AD LITEM TO DISCLOSE CERTAIN INFORMATION TO PARTIES RELATING TO THEIR ABILITY TO SERVE IN AN EQUITABLE, IMPARTIAL MANNER; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE AUTHORITY OF THE FAMILY COURT TO APPOINT GUARDIANS AD LITEM, SO AS TO SPECIFY THAT SUCH APPOINTMENTS ARE IN ACTIONS PERTAINING TO CUSTODY OR VISITATION; TO REDESIGNATE SECTION 20-7-1555 AS SECTION 20-7-1525 AND SECTION 20-7-1557 AS SECTION 20-7-1535, AND TO PLACE BOTH SECTIONS IN SUBARTICLE 1, ARTICLE 11, CHAPTER 7, TITLE 20, WHICH IS RENAMED “SPECIAL CUSTODY AND VISITATION PROVISIONS; AND TO RENAME SUBARTICLE 2, ARTICLE 11, CHAPTER 7, TITLE 20 “PRIVATE GUARDIANS AD LITEM”.
ANALYSIS: This act clarifies the appointment procedures, the compensation, and the duties and responsibilities of guardians ad litem (G.A.L.) and applies to G.A.L.’s appointed in actions in which custody or visitation is in issue. A family court judge is authorized to appoint a G.A.L. when the court will not be fully informed about the facts of the case without a G.A.L. and there is a substantial dispute or both parties agree to the appointment of a G.A.L.
An attorney or a lay person may serve as a G.A.L., and the act sets forth the qualifications to serve, including being at least twenty-five years old, having a high school diploma, completing initial training and annual continuing education and, for a lay person, observing contested custody hearings. A person may not have been convicted of certain crimes or be on the Department of Social Services Central Registry of Abuse or Neglect to serve as a G.A.L.
The act also sets forth the duties and responsibilities of a G.A.L., including conducting an investigation of the child and family situation which, among other things, requires the G.A.L. to obtain necessary school and medical record, to meet with the child on at least one occasion and interview parents, school officials, and others with knowledge of the situation; and submitting comprehensive written reports which may not include a recommendation concerning which party should be awarded custody.
Further, the act provides that the family court judge shall set the method and rate of compensation for a G.A.L. and provides procedures for a G.A.L. to request an adjustment. The act also establishes criteria for evaluating the reasonableness of the fees and costs of a G.A.L., and these include, among other things, the complexity and contentiousness of the litigation, time expended, and the ability of the parties to pay fees and costs.
Finally, the act requires a G.A.L. to disclose to the parties information to help ensure impartiality and equitable treatment.
(R463, H4094) Effective: As of August 1, 2002, the Governor had neither signed nor vetoed this legislation.
Child daycare, term revised to “childcare”
TO AMEND SECTIONS 20-7-490, 20-7-510, 20-7-650, 20-7-670, 20-7-690, AND 20-7-9710, ALL AS AMENDED, AND SECTION 20-7-2275, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO VARIOUS PROVISIONS IN THE CHILDREN’S CODE CONCERNING CHILD DAYCARE AND TO AMEND SUBARTICLE 11, ARTICLE 13, CHAPTER 7, TITLE 20 RELATING TO THE LICENSURE AND REGULATION OF CHILD DAYCARE FACILITIES, ALL SO AS TO CHANGE THE TERMS “CHILD DAY CARE” OR “DAYCARE” TO “CHILDCARE”.
ANALYSIS: Self explanatory
(R464, H4154) Effective: As of August 1, 2002, the Governor had neither signed nor vetoed this legislation.
Probate Code; Uniform Gift to Minors Act; custodian; joint tenancy; property; encumbrance; right of survivorship; durable power of attorney; revocable trust; inter vivos trust; anti-lapse; divorce and annulment; wrongful death; survival action; administration of estate
TO ENACT THE “SOUTH CAROLINA ESTATES AND PROBATE REFORM ACT”; TO AMEND SECTION 15-51-42, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPROVAL OF SETTLEMENTS OF WRONGFUL DEATH OR SURVIVAL ACTIONS, SO AS TO PROVIDE WHEN THE ADMINISTRATION OF AN ESTATE IS FINAL EXCEPT FOR A PENDING SURVIVAL ACTION, THE COURT MAY ISSUE A SPECIAL ORDER PROVIDING THAT NO ACCOUNTINGS ARE REQUIRED UNTIL THE SURVIVAL ACTION IS SETTLED OR VERDICT RENDERED IN A TRIAL; TO AMEND SECTIONS 20-7-150, AS AMENDED, AND 20-7-180, RELATING TO THE UNIFORM GIFTS TO MINORS ACT, SO AS TO CHANGE THE REQUIRED AGE OF DISTRIBUTION TO TWENTY-ONE YEARS BUT TO PERMIT DISTRIBUTION AT AGE EIGHTEEN; TO AMEND SECTION 20-7-190, RELATING TO THE CUSTODIAN’S EXPENSES, BONDS, AND LIABILITY, SO AS TO PROVIDE THAT A CUSTODIAN MAY RECEIVE REASONABLE COMPENSATION FROM THE CUSTODIAL PROPERTY FOR HIS SERVICES BASED UPON A PROVISION OF LAW APPLICABLE TO GUARDIANS AND CONSERVATORS; TO AMEND SECTION 20-7-210, RELATING TO DESIGNATION OF A SUCCESSOR CUSTODIAN, SO AS TO MAKE TECHNICAL AND CLARIFYING CHANGES; TO AMEND SECTION 27-7-40, RELATING TO THE CREATION AND SEVERANCE OF A JOINT TENANCY, SO AS TO PROVIDE IF ALL THE JOINT TENANTS JOIN IN AN ENCUMBRANCE, THE INTEREST IN THE REAL ESTATE IS ENCUMBERED; TO AMEND SECTION 34-19-120, RELATING TO ACCESS TO A LOCKBOX TO OBTAIN A POWER OF ATTORNEY, SO AS TO FACILITATE ACCESS CONDITIONED ON A VERIFIED DOCUMENT; TO AMEND SECTION 62-5-501, AS AMENDED, RELATING TO THE DURABLE POWER OF ATTORNEY, SO AS TO PROVIDE FOR REASONABLE COMPENSATION FOR AN ATTORNEY-IN-FACT ACTING PURSUANT TO A DURABLE POWER OF ATTORNEY, AND TO PROVIDE FOR PROTECTION OF THIRD PARTIES RELYING ON THE ACTS OF AN INDIVIDUAL ACTING PURSUANT TO A DURABLE POWER OF ATTORNEY; BY ADDING SECTION 62-7-113 SO AS TO PROVIDE AN ANTI-LAPSE PROVISION FOR REVOCABLE INTER VIVOS TRUSTS; AND BY ADDING SECTION 62-7-114 SO AS TO PROVIDE FOR REVOCATION OF A REVOCABLE INTER VIVOS TRUST BY DIVORCE, ANNULMENT, AND ORDER TERMINATING MARITAL PROPERTY RIGHTS.
ANALYSIS: This act amends various provisions of the Probate Code including providing for a special order in the administration of an estate involving a wrongful death or survival settlement; changing the age of distribution under the Uniform Gifts to Minors Act from eighteen to twenty-one; providing for appointment and compensation of custodian; providing for encumbrance of property owned by a joint tenancy; facilitating access to a lockbox and compensation for an attorney-in-fact; and providing for anti-lapse and revocation of an inter vivos trust.
(R466, H4337) Effective: As of August 1, 2002, the Governor had neither signed nor vetoed this legislation.
Taxation; estimated tax; individual income tax; corporate income tax; deduction; computation; volunteer emergency workers; HAZMAT; discount; sales and use; readily available funds
TO AMEND SECTION 12-6-3910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUE DATES FOR QUARTERLY PAYMENTS OF ESTIMATED STATE INCOME TAX BY ENACTING THE “SOUTH CAROLINA ESTIMATED INCOME TAX PAYMENT REFORM ACT”, SO AS TO CHANGE THE DUE DATE FOR THE FIRST CORPORATE INCOME TAX ESTIMATED PAYMENT FROM MARCH 15 TO APRIL 15; TO AMEND SECTION 12-6-4980, RELATING TO EXTENSION OF TIME FOR FILING A STATE INCOME TAX RETURN, SO AS TO APPLY ITS PROVISIONS TO CORPORATE INCOME TAXPAYERS; TO AMEND SECTION 12-20-20, RELATING TO FILING OF CORPORATE ANNUAL REPORTS, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 12-54-55, RELATING TO INTEREST ON UNDERPAYMENT OF ESTIMATED TAX, SO AS TO DELETE SPECIFIC REQUIREMENTS FOR A CORPORATE TAXPAYER; TO AMEND SECTION 12-6-1130, RELATING TO COMPUTATION OF TAXABLE INCOME FOR STATE TAX PURPOSES, SO AS TO DELETE REFERENCES TO CERTAIN INTERNAL REVENUE CODE SECTIONS; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM INDIVIDUAL TAXABLE INCOME, SO AS TO PROVIDE FOR A THREE THOUSAND DOLLAR DEDUCTION FOR A VOLUNTEER FIREFIGHTER, RESCUE SQUAD MEMBER, OR VOLUNTEER MEMBER OF A HAZARDOUS MATERIALS RESPONSE TEAM (HAZMAT); TO AMEND SECTION 23-9-190, RELATING TO THE PERFORMANCE BASED POINT SYSTEM FOR VOLUNTEER EMERGENCY WORKERS, SO AS TO INCLUDE MEMBERS OF HAZMAT; TO AMEND SECTION 12-36-2610, RELATING TO THE DISCOUNT FOR PAYMENT OF THE SALES AND USE TAX, SO AS TO LIMIT THE DISCOUNT TO THREE THOUSAND ONE HUNDRED DOLLARS FOR A TAXPAYER FILING ELECTRONICALLY; TO AMEND SECTION 12-54-250, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE, SO AS TO REQUIRE PAYMENT ON IMMEDIATELY AVAILABLE FUNDS TO REDUCE THE DEBT THRESHOLD FROM TWENTY THOUSAND DOLLARS TO FIFTEEN THOUSAND DOLLARS; TO AMEND SECTION 12-4-580, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE TO CONTRACT FOR THE COLLECTION OF DEBTS, SO AS TO DELETE A REFERENCE TO PRIVATE INSTITUTION AS A GOVERNMENTAL ENTITY; AND TO PROVIDE VARIOUS EFFECTIVE DATES.
ANALYSIS: This act amends various provisions of the Tax Code of the State, including reform of the estimated income tax payment, computation of and deductions from taxable income, inclusion of the Hazardous Materials Response Team in application of tax treatment for emergency volunteers, limitation of the discount for filing sales and use returns electronically, and lowering of amount of debt payable by immediately available funds.
(R468, H4402) Effective: As of August 1, 2002, the Governor had neither signed nor vetoed this legislation.
Social Services, county boards of, legislative delegation may terminate board
TO AMEND SECTION 43-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY BOARDS OF SOCIAL SERVICES, WHICH SERVE IN AN ADVISORY CAPACITY, SO AS TO PROVIDE THAT A COUNTY LEGISLATIVE DELEGATION, IN ITS SOLE DISCRETION, HAS THE AUTHORITY TO TERMINATE A COUNTY BOARD OF SOCIAL SERVICES, BY WRITTEN RESOLUTION, BY A TWO-THIRDS VOTE BASED ON WEIGHTED VOTING PERCENTAGES OF THE DELEGATION.
ANALYSIS: Self explanatory
(R474, H4771) Effective: As of August 1, 2002, the Governor had neither signed nor vetoed this legislation.
Regulation of architects; definitions; accreditation of schools and programs; continuing education requirements; South Carolina Architecture Education and Research Fund
TO AMEND SECTION 40-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED CONCERNING THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO ADD THE DEFINITIONS OF “EMERITUS ARCHITECT” AND “RETIRED FROM ACTIVE PRACTICE”; TO AMEND SECTION 40-3-230, RELATING TO QUALIFICATIONS FOR LICENSURE AS AN ARCHITECT, SO AS TO INCLUDE THE CANADIAN ARCHITECTURAL CERTIFICATION BOARD AS AN ACCREDITING BODY OF SCHOOLS OR PROGRAMS FOR ARCHITECTS; TO AMEND SECTION 40-3-250, AS AMENDED, RELATING TO LICENSE RENEWAL REQUIREMENTS, SO AS TO EXEMPT EMERITUS ARCHITECTS FROM CONTINUING EDUCATION REQUIREMENTS UNLESS RETURNING TO ACTIVE PRACTICE AND TO PROVIDE CONTINUING EDUCATION REQUIREMENTS FOR EMERITUS ARCHITECTS WHO WISH TO RETURN TO ACTIVE PRACTICE; TO ADD SECTION 40-3-255 SO AS TO AUTHORIZE THE BOARD OF ARCHITECTURAL EXAMINERS TO ESTABLISH THE SOUTH CAROLINA ARCHITECTURE EDUCATION AND RESEARCH FUND, TO ALLOCATE REVENUE FROM RENEWAL FEES TO THE FUND, TO PROVIDE FOR THE PURPOSES OF THE FUND AND PROVIDE FOR CERTAIN REPORTS TO THE CHAIRMAN OF THE HOUSE AND SENATE LABOR, COMMERCE AND INDUSTRY COMMITTEES ON HOW FUNDS WERE EXPENDED THE PRECEDING FISCAL YEAR.
ANALYSIS: This act amends Section 40-3-20 by adding definitions of “Emeritus architect” and “Retired from active practice”; amends Section 40-3-230 to include the Canadian Architectural Certification Board as an accrediting body of schools or programs for architects; amends Section 40-3-250 so as to exempt Emeritus architects from continuing education requirements unless returning to active practice and provides continuing education requirements for Emeritus Architects who wish to return to active practice; and adds Section 40-3-255 so as to authorize the Board of Architectural Examiners to establish the South Carolina Architecture Education and Research Fund, allocate revenue to the fund, provide purposes for the fund, and provide for certain reports on how funds were expended.
(R475, H4835) Effective: As of August 1, 2002, the Governor had neither signed nor vetoed this legislation.
Comprehensive Permanent Improvement Plan to be submitted to Joint Bond Review Committee
TO AMEND SECTION 2-47-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL PERMANENT IMPROVEMENT PROGRAM WHICH IS REQUIRED TO BE SUBMITTED TO THE JOINT BOND REVIEW COMMITTEE AND THE BUDGET AND CONTROL BOARD, SO AS TO CHANGE THE NAME OF THE SUBMISSION TO THE COMPREHENSIVE PERMANENT IMPROVEMENT PLAN WHICH WOULD SERVE AS AN OUTLINE FOR AN AGENCY’S PERMANENT IMPROVEMENT ACTIVITIES FOR THE NEXT FIVE-YEAR PERIOD; AND TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE SECTION 5 WHICH REQUIRES STATE AGENCIES AND INSTITUTIONS TO SUBMIT AN OVERALL PLAN SEEKING APPROVAL OF REQUESTS FOR FUNDING OF PERMANENT IMPROVEMENT PROJECTS OR OF THE ESTABLISHMENT AND IMPLEMENTATION OF PROJECTS PREVIOUSLY AUTHORIZED UNDER ACT 1377 OF 1968 (STATE CAPITAL IMPROVEMENT BOND ACT) AND TO REALLOCATE A BOND AUTHORIZATION FOR THE DEPARTMENT OF NATURAL RESOURCES.
ANALYSIS: Self explanatory
(R480, H5269) Effective: As of August 1, 2002, the Governor had neither signed nor vetoed this legislation.
Expungement of record, defendant convicted as youthful offender may apply fifteen years after conviction
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-5-920 SO AS TO AUTHORIZE A DEFENDANT AFTER FIFTEEN YEARS OF A CONVICTION AS A YOUTHFUL OFFENDER TO APPLY TO THE CIRCUIT COURT FOR AN ORDER EXPUNGING THE ARREST AND CONVICTION OF THE DEFENDANT.
ANALYSIS: Self explanatory
Local and Temporary Acts
and Joint Resolutions
This publication does not provide summaries for local or temporary acts and joint resolutions. These actions by the General Assembly are generally of interest only to those counties affected directly by local legislation, and temporary acts generally address only a short-term issues of statewide interest.
The texts of local or temporary acts and joint resolutions may be accessed through the internet at by bill number, ratification number, or subject matter.
Summary of Regulations
Approved by the General Assembly
and
Promulgated to Comply with Federal Law
Effective July 28, 2001 – July 26, 2002
Archives and History, Department of
Administrative Records (2666) 174
Certified Local Government Program (federal) (2634) 174
County Records (2669) 174
State Financial Records (2667) 174
Personnel Records (2668) 175
Budget and Control Board
State Human Resources (2609) 175
Clemson University
Livestock-Poultry Health Commission
Meat Inspection (federal) (2723) 175
Poultry Inspection (federal) (2724) 175
Consumer Affairs, Department of
Staff Leasing Services (2631) 176
Education, Board of
Assessment Program (2613) 176
Additional Areas of Certification (2567) 176
End of Course Tests (2659) 176
Graduation Requirements(2566) 177
Initial Certification at the Advanced Level (2682) 177
Renewal of Credentials (2684) 177
Summer Programs (2679) 177
Teacher Education Program Approval (2681) 177
Trade and Industrial Certification (2683) 178
Types and Levels of Credential Classification (2569) 178
Health and Environmental Control, Department of
Agricultural Animal Facilities (2646) 178
Air Pollution Control (federal) (2648) 178
Body Piercing Facilities (2623) 179
Classified Waters (2637) 179
Communicable Diseases (2720) 179
Designated Facility Plan and New Source Performance Standards (federal) (2714) 179
Definitions, Permits, Specific Project Standards for Tidelands and Coastal Waters (2614) 180
Environmental Protection Fees (2697) 180
Environmental Protection Fees (2673) 180
Hazardous Waste Management (federal) (2638) 181
Hazardous Waste Management (federal) (2735) 181
Hazardous Waste Management (2640) 182
Health Maintenance Organizations (2643) 182
Infectious Waste Management (2715) 182
Licensing Hospices (2660) 182
Licensing Hospitals and Institutional General Infirmaries (2518) 183
Nitrogen Oxides (2593) 183
Performance for Asbestos Projects (2670) 183
Public Swimming Pools (2645) 184
Radioactive Materials (Title A) (federal) (2647) 184
Retail Food Establishment Inspection Fees (2672) 184
State Primary Drinking Water (federal) (2641) 185
State Primary Drinking Water (2661) 185
Stormwater Management and Sediment Reduction (2698) 186
Vital Statistics (2719) 186
Waste Combustion and Reduction (2721) 186
Wastewater Facility Construction (2671) 186
Well Standards (2616) 187
Commission on Higher Education
National Guard Student Loan Repayment Program (2678) 187
Need-based Grants Program (2600) 187
Nonpublic Postsecondary Educational Institutions (2626) 187
Palmetto Fellows Scholarship Program (2601) 189
Student Loan Corporation (2625) 190
Department of Insurance
Continuing Insurance Education (2581) 190
Deposits Required of Insurers (2705) 190
Health Maintenance Organizations (2706) 190
Salvage and Subrogation (2704) 191
Department of Labor, Licensing and Regulation
Division of Labor
Recording and Reporting Occupational Injuries and Illnesses (2686) 191
Board of Medical Examiners
Requirements for Limited License (2664) 191
Manufactured Housing Board
Retail Managers, Finance Managers (2621) 191
Law Enforcement Division
Crime Information (2533) 192
Lottery Commission
Education Lottery (2694) 192
Department of Natural Resources
Drought Planning Response (2630) 192
Hunt Units and Wildlife Management Areas (2602) 192
Hunt Units and Wildlife Management Areas (2618) 193
Nongame and Endangered Species (2710) 193
Real Property Owned by Department (2685) 193
Seasons, Limits, Methods, Use of Wildlife management Areas (2657) 193
Trout Harvest (2690) 194
Public Service Commission
Definition of a Limousine (2586) 194
Department of Revenue
ABC Name and Cite Change (2650) 194
Administrative, License, Income and Property Tax (2662) 194
Advertisements, Retail and Wholesale (2651) 195
Alcoholic Beverage Regulations, Repeal (2695) 195
Repeal of Various Sales Tax, Property Tax, Administrative, Estate Tax,
Video Game, and Income Taxes Regulations (2636) 195
Sales Tax (2658) 195
Department of Social Services
General Family Independence Program (2687) 196
General Food Stamp Program (2688) 196
Archives and History, Department of
Document Number: 2666
Re: General Retention Schedule for State Administrative Records
Effective Date: April 26, 2002
Published as Final in State Register Vol. 26, Issue 4
Synopsis:
The amended regulation simplifies the disposition process for state agencies, adds new series for records common to most state agencies, amends sections concerning records which require better description and more appropriate retention periods, and repeals sections concerning records which are no longer created.
Document Number: 2634
Re: Implementation of Certified Local Government Program in South Carolina
To comply with federal law
Effective Date: October 26, 2001
Published as Final in State Register Vol. 25, Issue 10
Synopsis:
The Guidelines for the South Carolina Certified Local Government (CLG) program incorporates federal requirements for the certification of local government historic preservation programs and the state’s responsibilities for those local programs that are specified in the National Historic Preservation Act. The guidelines set forth minimum requirements for local governments to participate in the program; procedures for the department to certify, monitor, and decertify local governments; procedures to transfer historic preservation fund grants to CLGs; and procedures for CLGs to comment on nominations to the National Register of Historic Places.
Document Number: 2669
Re: General Retention Schedules for County Records
Effective Date: April 26, 2002
Published as Final in State Register Vol. 26, Issue 4
Synopsis:
The amended regulation simplifies the disposition process for county offices and departments, updates office or department names and series descriptions, adds new series under existing offices or departments, and adds new series under new offices or departments.
Document Number: 2667
Re: General Retention Schedule for State Financial Records
Effective Date: April 26, 2002
Published as Final in State Register Vol. 26, Issue 4
Synopsis:
This amended regulation simplifies the disposition process for state agencies, adds new text and new series for records common to most state agencies, requires a more appropriate retention period, and repeals portions of the regulation that are no longer appropriate.
Document Number: 2668
Re: General Retention Schedule for State Personnel Records
Effective Date: June 28, 2002
Published as Final in State Register Vol. 26, Issue 6
Synopsis:
The amended regulation simplifies the disposition process for state agencies, amends sections concerning records which require better description, and repeals sections concerning records which are no longer created.
Budget and Control Board
Document Number: 2609
Re: State Human Resources
Effective Date: January 25, 2002
Published as Final in State Register Vol. 26, Issue 1
Synopsis:
The regulations were reorganized to follow the employment relationship from establishing positions and filling vacancies to separation from employment. Also, the text was simplified to make the regulations easier to read and understand, and changes were made to ensure compliance with recent statutory changes. Finally, regulations for unclassified employees were added to reflect current practices.
Clemson University
Document Number: 2723
Re: Meat Inspection
To comply with federal law
Effective Date: April 26, 2002
Published as Final in State Register Vol. 26, Issue 4
Synopsis:
These regulations are promulgated to modernize, clarify, and update existing regulations which govern, to the extent authorized by the 1976 Code, Title 47, Chapter 4, the inspection of meat and meat food products produced for intrastate commerce. These updated regulations are necessary to comply with the Federal Meat Inspection Act (21USCA 661, Section 301) which established Federal-State Cooperative Meat Inspection Programs. This is a grant program with equal federal-state funding. A cooperating state is required to adopt regulations “at least equal to” those adopted by the federal government. This regulation adopts the current Federal Meat Inspection Regulations with some minor exceptions for some state specific requirements.
Document Number: 2724
Re: State Poultry
To comply with federal law
Effective Date: April 28, 2002
Published as Final in State Register Vol. 26, Issue 4
Synopsis:
These regulations are promulgated to modernize, clarify, and update existing regulations which govern, to the extent authorized by 1976 Code, Title 47, Chapter 4, the inspection of poultry products produced for intrastate commerce. These updated regulations are necessary to comply with the federal Poultry Products Inspection Act (21USCA 454, Section 5) which establishes Federal-State Cooperative Poultry Inspection Programs. This is a grant program with equal federal-state funding. A cooperating state is required to adopt regulations “at least equal to” those adopted by the federal government. This regulation adopts the current Federal Poultry Products Inspection Regulations with some minor exceptions for some state specific requirements.
Consumer Affairs, Department of
Document Number: 2631
Re: Staff Leasing Services
Effective Date: May 24, 2002
Published as Final in State Register Vol. 26 , Issue 5
Synopsis:
This revises existing Regulations 28-910, 28-920, 28-940, 28-955, and 28-990 and adopts new Regulations 28-915, 28-933, 28-936, and 28-956. The amendments are more effective in regulating the staff leasing services industry.
Education, Board of
Document Number: 2613
Re: Assessment Program
Effective Date: May 24, 2002
Published as Final in State Register Vol. 26, Issue 5
Synopsis:
The amendments to Regulation 43-262 make it consistent with the requirements of current legislation. Section A redefines the statewide assessment program to make it consistent with the provisions of the Education Accountability Act of 1998 (EAA) and defines the responsibilities of the State Department of Education and local school boards in implementing the program. Section B updates the requirements relative to the high school exit examination. Section C addresses first and second grade readiness tests and ensures that provisions are consistent with the EAA. Section D addresses the norm-referenced test.
Document Number: 2567
Re: Requirements for Additional Areas of Certification
Effective Date: February 22, 2002
Published as Final in State Register Vol. 26, Issue 2
Synopsis:
The regulation specifies the grade span for teaching certificates and provides the requirements for additional areas of certification and divides certification into four sections by amending and codifying.
Document Number: 2659
Re: End-of-Course Tests
Effective Date: May 24, 2002
Published as Final in State Register Vol. 26, Issue 5
Synopsis:
Regulation 43-262.4, End-of-Course Tests, defines gateway and benchmark courses for which end-of-course tests must be developed, establishes the purposes and uses of the tests, provides for the establishment of standards for the tests, and provides for notice to students.
Document Number: 2566
Re: Graduation Requirements
Effective Date: April 26, 2002
Published as Final in State Register Vol. 26, Issue 4
Synopsis:
Regulation 43-259 specifies graduation requirements. This regulation sets out units required for a state high school diploma, provisions for granting course credit, exit examination requirements, General Educational Development (GED) equivalency diploma requirements, GED testing, and adult education diploma requirements. It incorporates amendments reflecting the repeal of the STAR diploma, additional provisions for granting high school and adult education program course credit, and editing to provide additional clarity. In addition, specific exit examination requirements were deleted from Regulation 43-259, Graduation Requirements, and will be included in Regulation 43-262, Assessment Programs.
Document Number: 2682
Re: Requirements for Initial Certification at the Advanced Level
Effective Date: June 28, 2002
Published as Final in State Register Vol. 26, Issue 6
Synopsis:
The amendments clarify requirements for those individuals seeking an educator’s certificate in South Carolina.
Document Number: 2684
Re: Renewal of Credentials
Effective Date: June 28, 2002
Published as Final in State Register Vol. 26, Issue 6
Synopsis:
The regulation clarifies requirements for those individuals seeking renewal of an educator’s professional certificate in South Carolina.
Document Number: 2679
Re: Summer Programs
Effective Date: June 28, 2002
Published as Final in State Register Vol. 26, Issue 6
Synopsis:
The regulation provides for the organization and administration of summer school programs and identifies summer programs that are governed by this regulation. This amendment clarifies summer school programs governed by the regulation, provides appropriate certification to administer the programs, and removes the maximum number of units a student can earn in summer school, correspondence courses, or an adult education program.
Document Number: 2681
Re: Teacher Education Program Approval
Effective Date: June 28, 2002
Published as Final in State Register Vol. 26, Issue 6
Synopsis:
The department amends Regulation 43-90 (Supp. 2000), Policies and Procedures and Unit Standards for Teacher Education Program Approval in South Carolina.
Document Number: 2683
Re: Requirements for Trade and Industrial Certification
Effective Date: July 26, 2002
Published as Final in State Register Vol. 26, Issue 7
Synopsis:
Regulation 43-63, Requirements for Trade and Industrial Certification. The amendments clarify requirements for those individuals seeking a teaching certificate in work-based career and technology areas in South Carolina.
Document Number: 2569
Re: Types and Levels of Credential Classification
Effective Date: February 22, 2002
Published as Final in State Register Vol. 26, Issue 2
Synopsis:
This provision is recommended by the State Department of Education to clarify the requirements for those individuals seeking a teaching certificate in South Carolina. The regulation provides a time limit for the completion of coursework for teachers seeking to advance their certificate to a Bachelor’s +18 or Master’s +30 level. A name change is recommended for the advanced professional level to doctoral level thus accurately identifying the type of degree required at that level. The certification area speech correctionist is recommended to change to speech therapist. This change reflects the job description for the area and position.
Health and Environmental Control, Department of
Document Number: 2646
Re: Standards for the Permitting of Agricultural Animal Facilities
Effective Date: June 28, 2002
Published as Final in State Register Vol. 26, Issue 6
Synopsis:
The amendment: (1) establishes a new Part 50 where all definitions are now found; (2) rewrites Part 100 (Swine Facilities) in its entirety which will be the separate and distinct regulation for swine facilities as required by 1996 Act No. 460, which included the Confined Swine Feeding Operations Act; (3) adds new requirements to Part 100 which address a new class of large swine facilities; (4) modifies Part 200 (Other Animal Facilities) and Part 300 (Innovative and Alternative Technology); (5) adds a new section that specifically outlines requirements for manure broker operations, as well as a section that addresses integrator registration, and a section for severability; and (6) incorporates recommendations made by a regulation development committee which was organized to review the regulation for issues and concerns.
Document Number: 2648
Re: Air Pollution Control Regulations and Standards
To comply with federal law
Effective Date: October 25, 2001
Published as Final in State Register Vol. 25, Issue 10
Synopsis:
The United States Environmental Protection Agency (EPA) promulgated amendments to 40 CFR Parts 60, 63, and 68 during the past few years. Recent amendments include clarification, guidance and technical amendments regarding New Source Performance Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAPs), and Chemical Accident Prevention. These rules and other amendments were published prior to January 1, 2001. Pursuant to S.C. Code Section 48-1-10, the South Carolina Department of Health and Environmental Control (Department) has amended Regulation 61-62, Air Pollution Control Regulations and Standards, to incorporate these amendments. The department has also made corrections and clarifications to the existing regulations to improve ease of use of the regulations by the regulated community. In addition, the Department has amended 61-62.5, Standard 7, Prevention of Significant Deterioration, and the South Carolina State Implementation Plan (SIP), to maintain conformity with federal requirements and ensure compliance with federal standards.
Document Number: 2623
Re: Standards for Permitting Body Piercing Facilities
Effective Date: May 24, 2002
Published as Final in State Register Vol. 26, Issue 5
Synopsis:
The South Carolina General Assembly enacted the Body Piercing Act (Act 249), codified in Section 44-32-10 which became effective October 1, 2000. This new regulation establishes standards for the permitting and inspection of body piercing establishments and body piercing technicians.
Document Number: 2637
Re: Classified Waters
Effective Date: May 24, 2002
Published as Final in State Register Vol. 26, Issue 5
Synopsis:
These amendments reclassify waters of and surrounding Hunting Island State Park (excluding the Atlantic Ocean) from Class Shellfish Harvesting Waters (SFH) to Class Outstanding Resource Waters (ORW) to protect and maintain outstanding ecological and recreational resources.
Document Number: 2720
Re: Communicable Diseases
Effective Date: June 28, 2002
Published as Final in State Register Vol. 26, Issue 6
Synopsis:
R.61-20 is amended by removing scientifically obsolete concepts and updating language throughout as needed for the integration of new scientific concepts for control of communicable diseases, especially those that are unusual in their nature or occurrence, or that require immediate public health intervention. The amendment updates language to clarify, strengthen, improve, and codify standards and terminology to be consistent with national standards.
Document Number: 2714
Re: South Carolina Designated Facility Plan and New Source Performance Standards
To comply with federal law
Effective Date: March 26, 2002
Published as Final in State Register Vol. 26, Issue 3
Synopsis:
The United States Environmental Protection Agency (EPA) promulgated final rules for new and existing commercial and industrial solid waste incineration (CISWI) units and small municipal waste combustion (MWC) units. These rules were promulgated pursuant to the requirements of sections 111 and 129 of the Clean Air Act (CAA). The rules for CISWI units were published in the Federal Register on December 1, 2000 [65 FR 75338], under 40 CFR part 60, subparts CCCC and DDDD. The rules for small MWC units were published in the Federal Register on December 6, 2000 [65 FR 76378], under 40 CFR part 60 subparts AAAA and BBBB.
Section 111 of the CAA requires the EPA to publish and periodically revise a list of categories of stationary sources that may contribute significantly to air pollution and requires the EPA to promulgate regulations establishing Federal standards of performance for new sources within these categories. These standards are generally referred to as New Source Performance Standards or NSPS. Under section 111(d), the EPA must also establish emission standards for any existing source for which a standard of performance would apply if the source were new. These sources are generally referred to as designated facilities. Section 129 of the CAA specifically addresses solid waste combustion.
Pursuant to section 111(d) and 129 of the CAA, each state in which a designated facility is operating is required to submit to the EPA a plan to implement and enforce the emission guidelines. Section 129 requires that the State plan be at least as protective as the emission guidelines and requires the EPA to develop a Federal plan if a state fails to submit an approvable state plan.
The department has amended R.61-62.60, South Carolina Designated Facility Plan and New Source Performance Standards, to incorporate and implement these federal requirements and develop a state plan.
Document Number: 2614
Re: Definitions, Permits, Specific Project Standards for Tidelands and Coastal Waters
Effective Date: May 24, 2002
Published as Final in State Register Vol. 26, Issue 5
Synopsis:
The amendments to Regulations 30-1, 30-2, and 30-12 incorporate recommendations made by the public and the Board of Health and Environmental Control. The purpose of these amendments is to enable the staff of the department to better manage coastal resources in the Coastal Zone of South Carolina. Other changes include adding a new definition to define the term “boat”, and clarification of additional information needed at the time of permit review. Specific project standards for docks are also included.
Document Number: 2697
Re: Environmental Protection Fees
Effective Date: June 28, 2002
Published as Final in State Register Vol. 26, Issue 6
Synopsis:
R.30-2.B(9) contains the current application fee schedule for activities in the critical area of the eight coastal counties, and revise R.30-4.C and 4.H to insert clarifying language, making these sections consistent with the administrative processes defined and described in R.61-30.
This regulation amends R.61-30.A to add a reference, and R.61-30.B is revised to insert new definitions which explain terms relevant to the coastal zone management program. New sections R.61-30.G(14) and R.61-30.H(3) are added to describe the fees and time schedules for activities in the critical area of the eight coastal counties and increases the fee for major activities in the critical areas of the coastal zone, and adds new fees for the transfer or extension of permits for both minor and major activities.
Document Number: 2673
Re: Environmental Protection Fees
Effective Date: June 28, 2002
Published as Final in State Register Vol. 26, Issue 6
Synopsis:
Pursuant to the 1976 Code Section 48-2-50, the department shall charge fees for environmental programs it administers pursuant to federal and state law and regulations. R.61-30, Environmental Protection Fees, prescribes those fees applicable to applicants and holders of permits, licenses, certificates, certifications, and registrations and establishes schedules for timely action on permit applications. This regulation also establishes procedures for the payment of fees, provides for the assessment of penalties for nonpayment, and establishes an appeals process to contest the calculation or applicability of the fees.
Document Number: 2638
Re: Hazardous Waste Management
To comply with federal law
Effective Date: October 25, 2001
Published as Final in State Register Vol.25, Issue 10
Synopsis:
These regulations were amended to reflect federal amendments through June 30, 2000. The amendments address: technical amendments to Land Disposal Restrictions Phase IV (corrections which became effective October 20, 1999); a new rule which allows certain generators of F006 sludges to accumulate up to 180 days without a permit if the sludge is recycled; the vacating of previous listings for organobromine production wastes; and other minor amendments. This amendment does not include Final National Emissions Standards for Hazardous Air Pollutants for Hazardous Waste Combustors, sometimes called NESHAPS or MACT (for Maximum Achievable Control Technologies), which was part of the Notice of Proposed Regulation. On July 24th a federal appeals court vacated the rule and ordered EPA to rewrite it. We have received legal advice that, if the rule were promulgated, South Carolina regulation would be more stringent than federal standards. In such a case, review by the General Assembly would be required for the rule to become final. Furthermore, the department’s Bureau of Air Quality, which is the lead in this activity, regards the rule as vacated. Therefore amendments proposed to be added at 264.340, 265.340, and 266.100 and related cross-referenced sections are not included in this final amendment. In addition, minor typographical errors have been corrected to achieve conformity with federal regulations. These amendments appeared at 64 FR 52828-53077 and 64 FR 63209-63213, September 30 and November 19, 1999; 64 FR 56469-56472, October 20, 1999; 65 FR 12378-12398, March 8, 2000; 65 FR 14472-14475, March 17, 2000; FR 30886-30913, May 15, 2000; 65 FR 32214-32237, May 22, 2000; 65 FR 36365-36367, June 8, 2000.
Document Number: 2735
Re: Hazardous Waste Management Regulations
To comply with federal law
Effective Date: June 28, 2002
Published as Final in State Register Vol. 26, Issue 6
Synopsis:
The department is amending R.61-79 to reflect federal amendments through June 30, 2001. The United States Environmental Protection Agency (EPA) promulgates amendments to 40 CFR 124, 260 through 266, 268, 270, and 273 throughout each calendar year by publication in the Federal Register. Recent federal amendments include the following: clarification of final standards for hazardous waste combustors, listing of two chlorinated aliphatics production wastewater treatment sludges (K174 and K175) including a contingent-management listing approach; increased flexibility to certain facilities that store and treat mixed low-level radioactive and hazardous wastes; the temporary deferral of PCB treatment standards for metal contaminated soils; and revisions to the mixture and derived-from rules. In addition, other minor amendments have been made to reflect changes in state government. These rules and other amendments were published in the Federal Register between July 1, 2000, and June 30, 2001. Pursuant to the Hazardous Waste Management Act Section 44-56-30, the department intends to amend R. 61-79 by adopting these federal amendments. These amendments appeared at 65 FR 42292 and 66 FR 24270 published July 10, 2000 and May 14, 2001; 65 FR 67068 published November 8, 2000; 65 FR 81373 published December 26, 2000; 66 FR 27218 published May 16, 2001; 66 FR 27266 published May 16, 2001; and 66 FR 37374 published June 28, 2001.
Document Number: 2640
Re: Hazardous Waste Management
Effective Date: May 24, 2002
Published as Final in State Register Vol. 26, Issue 5
Synopsis:
R.61-79, Hazardous Waste Management was amended to add listings for certain organotin manufacturing residues. The department will add South Carolina-designated hazardous wastes from specific sources to current regulations by including waste residues from the manufacture of organotin compounds, which contain tri- (organo) substituted organotin compounds, to include tributyltin and its analogs. These South Carolina-designated hazardous wastes will be included in the 261.32 hazardous waste list, and the new South Carolina-designated hazardous waste constituents will also be incorporated into 261 Appendix VII, 261 Appendix VIII, and 264 Appendix IX.
Document Number: 2643
Re: Operation of Health Maintenance Organizations
Effective Date: May 24, 2002
Published as Final in State Register Vol. 26, Issue 5
Synopsis:
Regulation 61-10, Operation of Health Maintenance Organizations, was repealed in its entirety. Pursuant to Section 38-33-10, 1976 Code and 25A Regs. 69-22, licensing and supervision of health maintenance organizations have been transferred to the South Carolina Department of Insurance. The department no longer has any role regarding health maintenance organizations.
Document Number: 2715
Re: Infectious Waste Management Regulations
Effective Date: June 28, 2002
Published as Final in State Register Vol. 26, Issue 6
Synopsis:
The purpose of this amendment is to:
(1) amend Regulation 61-105 by deleting the language under Section DD, Fees Section, that states generators and transporters must pay a $25.00 processing fee;
(2) simplify registration requirements, small and regular generators must register every three years with the department;
(3) develop updated infectious waste standards for generators, transporters, transfer stations and treatment facilities.
Document Number: 2660
Re: Standards for Licensing Hospices
Effective Date: May 24, 2002
Published as Final in State Register Vol. 26, Issue 5
Synopsis:
This revised regulation establishes standards for the inspection and licensing of hospice facilities.
Document Number: 2518
Re: Standards for Licensing Hospitals and Institutional General Infirmaries
Effective Date: April 26, 2002
Published as Final in State Register Vol. 26, Issue 4
Synopsis:
The amendment revises Sections 607 through 610 of Regulation 61-16 in its entirety. These sections establish the licensing standards for perinatal services in South Carolina hospitals. This revision updates standards to reflect current practice and results in more consistency with national standards. The revision specifically creates a Level II Enhanced facility designation.
Document Number: 2593
Re: Nitrogen Oxides
Effective Date: May 24, 2002
Published as Final in State Register Vol. 26, Issue 5
Synopsis:
On October 27, 1998, the United States Environmental Protection Agency (EPA) published a final rule titled, “Finding of Significant Contribution and Rulemaking for Certain States in the Ozone Transport Assessment Group Region for Purposes of Reducing Regional Transport of Ozone” [63 FR 57355]. This rule, also known as the NOx SIP Call, requires South Carolina and certain other states to limit the summertime emissions of oxides of nitrogen (NOx) which are one of the precursors of ozone pollution. EPA has stated in the rule that sources in these states emit NOx in amounts that significantly contribute to nonattainment of the 1-hour National Ambient Air Quality Standard (NAAQS) for ozone in one or more down-wind states. The NOx SIP Call requires reductions of summertime emissions of NOx in South Carolina by about 19 percent and requires the department to submit a revision to the South Carolina State Implementation Plan (SIP) that identifies measures necessary to achieve these reductions. The purpose of this SIP revision is to comply with the federal requirement for NOx reductions in the eastern half of the United States. If the department fails to submit an approvable revision to the SIP, the EPA will establish a Federal Implementation Plan to achieve these reductions.
Document Number: 2670
Re: Standards of Performance for Asbestos Projects
Effective Date: June 28, 2002
Published as Final in State Register Vol. 26, Issue 6
Synopsis:
Regulation 61-86.1, Standards of Performance for Asbestos Projects, prescribes alternate procedures and fees for asbestos abatement projects and licenses. The purpose of this revision is to add fees for other special asbestos project categories. This amendment is necessary to help provide adequate funding for the asbestos program. The fee schedule for asbestos abatement projects and licenses has not been updated since established in 1988. South Carolina’s fee schedule will be expanded in some areas, taking into account current fees assessed by other southeastern states. The department has processed demolition project permits and approved asbestos training courses since 1988, but is currently performing these services without assessment of fees to the regulated community. This amendment adds fees for the licensing of asbestos training courses that are required for asbestos abatement personnel and for the processing and inspection of demolition projects.
Document Number: 2645
Re: Public Swimming Pools
Effective Date: May 24, 2002
Published as Final in State Register Vol. 26, Issue 5
Synopsis:
This amendment clarifies existing requirements for public swimming pools and outlines technical elements in a clear concise manner. The amendment better ensures the safe operation of all public swimming pools, spas, and water parks. The amendment also provides an avenue for applying for construction and operational variances which will allow for more flexibility in the design, construction, and operation of public swimming facilities.
Document Number: 2647
Re: Radioactive Materials (Title A)
To comply with federal law
Effective Date: October 25, 2001
Published as Final in State Register Vol. 25, Issue 10
Synopsis:
The Nuclear Regulatory Commission continually updates regulations, and state regulations are amended regularly to incorporate federal updates. Section 274 of the Atomic Energy Act of 1954, as amended, requires that the states adopt federal regulations for compatibility. This amendment adopts into regulation the Nuclear Regulatory Commission updates as an item of compatibility. Amendment of R.61-63 makes minor correcting and clarifying changes to the requirements in Part III which address standards for protection against radiation. Additional changes conform Parts I, IV, VIII, and XI to the revised Part III. Subjects include Part III, Conditions Requiring Individual Monitoring of External and Internal Occupational Dose; Exceptions to Posting Requirements; Notification of Incidents; Part IV, Modification of Teletherapy Unit or Room; Part VIII, Radiation Survey Instruments (Well Logging); Surveillance of Operations; Part XI, Access Control (Irradiators). Additional amendments in Part V, Industrial Radiography, are solely administrative in that they correct and clarify the text of an existing regulation and do not result in any essential change. Subjects in Part V clarify implementation dates for certain training requirements. This amendment will comply with 10 CFR Parts 20, 34, 35, and 36, Final Rules, published in the Federal Register on July 9, 1998, July 23, 1998 and August 26, 1998. Legislative review is not required.
Document Number: 2672
Re: Retail Food Establishment Inspection Fees
Effective Date: June 28, 2002
Published as Final in State Register Vol. 26, Issue 6
Synopsis:
This regulation places authorization of retail food facility inspection fees in a regulation subject to the Administrative Procedures Act and public review. The purpose of this amendment is to change the late penalties and permit reinstatement fees associated with payment of retail food establishment inspection fees from $30.00 to $25.00, thereby eliminating confusion and accounting difficulties in crediting payment of fees.
Document Number: 2641
Re: State Primary Drinking Water
To comply with federal law
Effective Date: September 25, 2001
Published as Final in State Register Vol. 25, Issue 9
Synopsis:
The amendment was promulgated to comply with federal law, is exempt from legislative review, and takes effect upon publication in the State Register on September 28, 2001.
The amended regulations include requirements promulgated under the National Primary Drinking Water Regulations: Public Notification Rule, and the Radionuclide Rule. The Public Notification Rule revises current public notification procedures requiring public water systems to notify the public any time a water system violates a primary drinking water regulation or has other situations posing a risk to public health. This regulation applies to all public water systems. The final Public Notification Rule was published in the May 4, 2000, Federal Register [vol.165, no.87] with an effective date of June 5, 2000, and complies with 40 CFR Part 141 and 142. Primacy States must adopt this rule by May 6, 2002
The Radionuclide Rule revises the monitoring requirements for radionuclides. Monitoring and reporting of radionuclides applies to community public water systems and is mandated by the 1996 amendments to the Federal Safe Drinking Water Act (SDWA). Proposed regulations will comply with 40 CFR Parts 141 and 142.
The Radionuclide Rule was published in the December 7, 2000 Federal Register [vol.65, no.236], with an effective date of December 8, 2003.
Other minor revisions include, but are not limited to, deletion of the Maximum Contaminant Level (MCL) for Nickel and the aldicarbs, deletion of the Phase I Volatile Organic Contaminant (VOC) monitoring for surface water systems and the review of the analytical methodology for coliform. These revisions are to align the State Primary Drinking Water Regulations with federal regulations. These additional revisions conform R.61-58 to federal regulations through 2001.
Document Number: 2661
Re: State Primary Drinking Water Regulations
Effective Date: May 24, 2002
Published as Final in State Register Vol. 26, Issue 5
Synopsis:
This amendment of the State Primary Drinking Water Regulations adds requirements for federally defined public water systems to have certified distribution system operators responsible for the operation and maintenance of their distribution systems. In addition, this amendment addresses design and operation issues associated with pumping drinking water into aquifers for storage and recovery. The department also clarifies some existing design, operation, and maintenance requirements, eliminates requirements which no longer apply, and addresses design and operation issues for new drinking water technologies, and updates design criteria to reflect current industry standards.
Document Number: 2698
Re: Standards for Stormwater Management and Sediment Reduction
Effective Date: June 28, 2002
Published as Final in State Register Vol. 26, Issue 6
Synopsis:
This regulation was amended to increase the application fee for new land disturbing activities and to charge a fee for permit modifications.
Document Number: 2719
Re: Vital Statistics
Effective Date: June 28, 2002
Published as Final in State Register Vol. 26, Issue 6
Synopsis:
This amendment substantially amends Regulation 61-19, Vital Statistics, to ensure that birth, death, and fetal death data captured is in compliance with the new standard model adopted by the National Center for Health Statistics (NCHS) for impl
Document Number: 2721
Re: Waste Combustion and Reduction
Effective Date: June 28, 2002
Published as Final in State Register Vol. 26, Issue 6
Synopsis:
Amendment of R.61-62.5, Standard Number 3, Waste Combustion and Reduction, establishes consistent emission limits for industrial and utility boilers which burn coal in addition to waste fuel. This amendment also clarifies the exemption for total reduced sulfur control devices that burn other waste fuels and allows ash storage at air curtain incinerators in a manner consistent with R.61-107.12, Solid Waste Management Regulations. In addition, the periodic testing section was revised to ensure that compliance testing continues to be conducted every three years. This amendment also adds an exemption on a case-by-case basis for renewable energy resources and control devices that comply with federal Maximum Achievable Control Technology (MACT) Standards. Several typographical and punctuation errors which resulted from prior publishing errors have been corrected.
Document Number: 2671
Re: Standards for Wastewater Facility Construction
Effective Date: May 24, 2002
Published as Final in State Register Vol. 26, Issue 5
Synopsis:
This amendment allows the use of vacuum sewer systems and establishes additional criteria for alternative collection system use. In addition, this amendment addresses the consistency of administrative and technical review issues in comparison with the drinking water standards (R.61-58). This amendment also establishes changes in pump and haul criteria, service connection and water supply intake definitions, criteria for sewer design related to infiltration and inflow, rules for application submittal requirements and available capacity at treatment plant determinations, as well as addressing other minor changes and clarification as needed for overall improvement of the regulation.
Document Number: 2616
Re: Well Standards
Effective Date: April 26, 2002
Published as Final in State Register Vol. 26, Issue 4
Synopsis:
This amendment reformats and recodifies the existing regulation and incorporates recommendations made by an advisory committee which was organized to assist the department in revising the regulations to bring them into conformance with current industry standards for well construction to better protect human health and the environment. Other changes include: allowing a high solids sodium bentonite grout as an option for grouting wells to allow better protection of the aquifer and homeowners’ health, as well as reducing the potential for “slumping” of the grout once placed into the annular space; requiring a sanitary seal to keep insects and other contaminants from entering individual residential wells; the construction of bored wells is specifically addressed, which includes additional protective construction standards over current requirements; construction requirements for the relatively new “direct push” technology for the installation of environmental monitoring wells have been added; violations and penalties are more specific.
Commission on Higher Education
Document Number: 2678
Re: National Guard Student Loan Repayment Program
Effective Date: March 22, 2002
Published as Final in State Register Vol. 26, Issue 3
Synopsis:
The amendment adds R.62-200, South Carolina National Guard Student Loan Program. Pursuant to Act 41, the Commission on Higher Education, in consultation with the South Carolina Student Loan Corporation, shall develop a loan repayment program for providing incentives for enlisting or remaining for a specified time in both the South Carolina Army and Air National Guards (SCNG) in areas of critical need. The Commission on Higher Education shall define areas of critical need annually in consultation with the Adjutant General. The Commission on Higher Education shall promulgate regulations to set forth the terms of the loan repayment program.
Document Number: 2600
Re: Need-based Grants Program
Effective Date: February 22, 2002
Published as Final in State Register Vol. 26, Issue 2
Synopsis:
This amendment replaces in its entirety R.62-450 of the South Carolina Need-based Grants Program. The amendment clarifies the policies and procedures for administering the State Need-based Grant. The regulations address revising the requirement that a grant recipient cannot have a criminal record to the requirement that a grant recipient not have any felonies, alcohol, or drug-related offenses; and, adds sections for students with disabilities and enrollment in the Doctorate of Pharmacy Program.
Document Number: 2626
Re: Licensing Nonpublic Postsecondary Educational Institutions
Effective Date: May 24, 2002
Published as Final in State Register Vol. 26, Issue 5
Synopsis:
The regulation is amended as follows:
62-2. Remove the specific terms as defined by statute so that the regulation includes the terms by reference to the statute.
62-4.E. Add provision that the Commission may not license new activities if the new activities threaten the financial stability of the institution.
62-6.C. Refine requirement for access to sufficient learning resources and define formal agreements.
62-6.J.(1) Errata – correct to use parallel grammar
62-6.J.(2) Errata – correct to use parallel grammar
62-6.J.(4) Add provision that an owner or director of an institution cannot be a plaintiff or defendant in litigation that carries a significant risk to the ability of the institution to continue operation.
62-6.J.(5) Renumbered (4) to (5)
62-6.J.(6) Renumbered (5) to (6)
62-6.1. Add general requirement that programs offered by distance education must meet the licensing requirements and the policies, guidelines, and procedures regarding distance education adopted by the Commission.
62-8. Add provision that each institution must possess adequate liquid assets to make potential refunds and pay expenses in a timely fashion, and for initial licensure must possess liquid assets for start-up costs, expenses, and projected tuition income for the first term of enrollment.
62-8.A Expand adequate financial records requirement to specifically include proper management, controls, and business practices.
62-10.A. Add general education requirements for diploma programs.
62-10.D. Add provision that notwithstanding the requirements of Section 62-10, the Commission may license out-of-state institutions that have recognized accreditation to recruit in South Carolina.
62-11.B. Specify 15 semester hours in general education course requirements for associate degree programs
62-11.C. Add language to define purpose of associate in arts and associate in science degrees as transfer and the requirement that 50 percent of the credit hours consist of college-level courses in the arts and sciences.
62-11.D. Add language to require that 50 percent of occupational degree curricula be in related technical course instruction.
62-11.E. Renumber D to E.
62-11.F. Renumber E to F.
62-11.G. Renumber F to G.
62-11.H. Renumber G to H.
62-11.I. Renumber H to I; amend the regulation so that faculty credentials must be awarded by an accrediting agency recognized by the U.S. Department of Education instead of the Council on Postsecondary Accreditation.
62-11.J. Add provision that notwithstanding the requirements of Section 62-11, the Commission may license out-of-state institutions that have recognized accreditation to recruit in South Carolina.
62-12.A. Add language to require that baccalaureate degree programs include a minimum of 30 semester hours of general education course requirements in specific subjects.
62-12.D. Amend the regulation so that faculty credentials must be awarded by an accrediting agency recognized by the U.S. Department of Education instead of the Council on Postsecondary Accreditation.
62-12.E. Add language that teacher certification programs must meet the requirements of the South Carolina Department of Education.
62-13.D. Add language that teacher certification programs must meet the requirements of the South Carolina Department of Education.
62-14. Refine provision for learning resources so that licensed institutions ensure access via current and formal written agreements with other libraries or from other resources.
62-16.H. Add “South Carolina” to catalog reference to licensure by the Commission on Higher Education.
62-16.I. Expand references to accreditation to include program accreditation.
62-16.K. Add requirements and procedures for obtaining any licensure, registration, or certification required or advantageous for the occupational field.
62-18. Amend the regulation so that institutions approved for eligibility for Title IV Student Financial Aid must comply with the federal regulations regarding computation of refunds to students.
62-20. Add requirement that institutions store official student academic records in a secure vault or fireproof cabinet or store duplicates in a different building or at an off-site location, have adequate security measures in place to protect and back up electronically stored records, and have retention, disposal, and information-release policies.
62-20.A. Add the provision that institutions may destroy certain records no longer needed for reference as the Commission deems appropriate.
62-20.B. Add that institutions must maintain transcripts 50 years from graduation or termination (or a shorter time as the Commission deems appropriate for programs or courses for which it is unlikely that students will need documentation of attendance) as adequate minimum time for maintenance of “permanent” records.
62-20.D. Add provision that institutions must have in place at all times the capability to transfer academic records (easily accessible in format and system) for former and current students.
62-23.A. Increase initial licensure and renewal fees from minimum of $100 to minimum of $115 and from maximum of $1,000 to maximum of $1,150.
62-23.B(1)Remove limit on late fee; add authority to reactivate late fee for incomplete applications for renewal of licenses.
62-23.B(2)Add authority to waive or reduce late fee in case of mitigating circumstances.
62-23.C. Increase fee for amendment of license to move an existing location or site from $50 to $60.
62-23.D. Increase fee for amendment of license to add a program from minimum of $50 to $75 and a maximum of $500 to $575.
62.23.E. Increase fee for re-issuance of license for program or institution name change from $25 to $30.
62-23.F. Increase fee for initial and renewal of agent permit from $25 to $30.
62-23.I. Add authority to assess a fine for failure to respond in a timely manner to a request for information or for repeat violations involving deceptive trade or sales practices or advertising. The proposed language limits fines to $1,000 per year.
62-23.K. Add authority for the Commission to adjust fees based on the consumer price index or other appropriate indicator.
62-25.K. Add provision to prohibit exempt institutions from claiming the Commission’s oversight.
62-25.M. Add provision that institutional personnel may not discredit other schools or solicit any student to leave another institution.
62-26.D. Add provision that courses offered by distance education must clearly describe the method of delivery.
62-26.K. Add requirements for information provided through the Internet or other electronic media.
62-27.B. Add provision that if the Commission determines that circumstances upon which a student submits a complaint to the Commission justify, that notwithstanding the institution’s refund policy, the Commission may require an institution to make full or partial refund of tuition or other fees.
62-27.C. Add provision that the Commission may intervene on behalf of a person filing a complaint with the Commission involving an institution that is exempt from the oversight of the Commission.
62-28.B. Add provision to probation authority that the Commission may require that an institution delay matriculation of new students into a new class term.
Document Number: 2601
Re: Palmetto Fellows Scholarship Program
Effective Date: February 22, 2002
Published as Final in State Register Vol. 26, Issue 2
Synopsis:
This amendment replaces in its entirety R.62-300 of the Palmetto Fellows Scholarship Program. The amendment clarifies the policies and procedures for administering the Palmetto Fellows Scholarship. The regulation adds the requirement that a Palmetto Fellow cannot have any felonies, alcohol, or drug-related offenses as stipulated by S.1235; due to the adoption of the Uniform Grading Scale in December 1999 by the State Department of Education, including language regarding the Uniform Grading Scale; and, adds sections for students with disabilities and enrollment in the Doctorate of Pharmacy Program.
Document Number: 2625
Re: Student Loan Corporation
Effective Date: May 24, 2002
Published as Final in State Register Vol. 26, Issue 5
Synopsis:
This amendment expands the eligibility criteria for cancellation of outstanding South Carolina Teacher Loan Program obligations. The new regulation allows recipients cancellation eligibility when they teach in a subject area designated as critical at the time the loan is made or subsequently and amends the rate of cancellation. Currently a percentage of the debt is cancelled regardless of the amount of the debt. The new regulation allows the greater of the percentage of the debt or a set dollar amount to be cancelled for teaching service. In addition the new regulation allows individuals changing careers to enter the teaching profession and individuals participating in the South Carolina Critical Needs Certification Program to receive loan assistance. This regulation establishes eligibility criteria and administrative changes for these two groups.
Insurance, Department of
Document Number: 2581
Re: Continuing Insurance Education.
Effective Date: February 22, 2002
Published as Final in State Register Vol. 26, Issue 2
Synopsis:
The purpose of this amendment to Regulation 69-50 is to clarify and improve the current continuing education requirements placed on licensed agents.
Document Number: 2705
Re: Deposits Required of Insurers
Effective Date: June 28, 2002
Published as Final in State Register Vol. 26, Issue 6
Synopsis:
Pursuant to 2000 Act 259, fraternal benefit societies must comply with the requirements of Section 38-9-80 of the 1976 Code. The amendment revises the regulation in order to accurately correspond with the changes made by Act 259.
Document Number: 2706
Re: Health Maintenance Organizations
Effective Date: June 28, 2002
Published as Final in State Register Vol. 26, Issue 6
Synopsis:
The amendment revises Regulation 69-22, Section II, relating to license requirements to reflect changes made to Section 38-33-90 by the passage of Act 312 of 2000, specifically regarding annual statement and reports filing requirements. Subsections C and D are deleted in their entirety.
Document Number: 2704
Re: Salvage and Subrogation
Effective Date: June 28, 2002
Published as Final in State Register Vol. 26, Issue 6
Synopsis:
The amendment repeals Regulation 69-26, Salvage and Subrogation as it conflicts with Statements of Statutory Accounting Principles #65, Section 26 of the National Association of Insurance Commissioners (NAIC) Accounting Practices and Procedures Manual.
Labor, Licensing and Regulation, Department of
Division of Labor
Document Number: 2686
Re: Recording and Reporting Occupational Injuries and Illnesses
Effective Date: June 28, 2002
Published as Final in State Register Vol. 26, Issue 6
Synopsis:
The requirements for keeping records of occupational injuries and illnesses are required by the United States Department of Labor.
Medical Examiners, Board of
Document Number: 2664
Re: Requirements for Limited License
Effective Date: May 24, 2002
Published as Final in State Register Vol. 26, Issue 5
Synopsis:
This regulation provides for the issuance of a limited license for training to physicians who have completed a Fifth Pathway program. Fifth Pathway programs allow foreign trained physicians, who have completed four years of medical school in another country, to be eligible for a limited license for training (residency) in South Carolina. Applicants must have successfully completed a fifth year of clinical training in selected, pre-determined teaching hospitals in the United States. Applicants can elect to pursue a Fifth Pathway Program, in lieu of completing a two-year post-graduate training program in this country. The amendment deletes reference to a FMGEMS certificate, which is no longer available.
Manufactured Housing Board
Document Number: 2621
Re: Retail Managers, Finance Managers
Effective Date: April 26, 2002
Published as Final in State Register Vol. 26, Issue 4
Synopsis:
The regulation clarifies the activities of retail managers and set the requirement that retail managers must be licensed as manufactured home retail salespersons.
Law Enforcement Division
Document Number: 2533
Re: Crime Information
Effective Date: September 28, 2001
Published as Final in State Register Vol. 25, Issue 9
Synopsis:
This amends regulations concerning the Criminal Justice Information System (CJIS) which have not been revised since 1983. The division is adding proper definitions of nonconviction data, updating the organizational description for the criminal information component of SLED, making record dissemination rules consistent with statutes, and correcting the address given for the Criminal Justice Information System Division of the Federal Bureau of Investigation. Promulgation of these regulations is mandated by Section 23-3-130, 1976 Code, as amended.
Lottery Commission
Document Number: 2694
Re: Education lottery
Effective Date: June 28, 2002
Published as Final in State Register Vol. 26, Issue 6
Synopsis:
The South Carolina Education Lottery Act (Act 59 of 2001) requires the South Carolina Lottery Commission to promulgate regulations to carry out and implement its powers and duties to regulate the conduct and operation of lottery games. The regulations provide the commission with policies and procedures to organize and operate the commission, regulate the conduct of lottery games, and address other matters necessary and desirable for the efficient and effective operation of the lottery for the public convenience.
Natural Resources, Department of
Document Number: 2630
Re: Drought Planning Response
Effective Date: May 24, 2002
Published as Final in State Register Vol. 26, Issue 5
Synopsis:
The regulation establishes procedures by which the state’s water resources can be carefully and closely monitored, conserved, and managed in the best interests of all South Carolinians during periods of drought.
Document Number: 2602
Re: Hunt Units and Wildlife Management Areas
Effective Date: February 22, 2002
Published as Final in State Register Vol. 26, Issue 2
Synopsis
This amended regulation sets seasons, bag limits, and methods of hunting and taking of wildlife on Wildlife Management Areas. Amendments are needed to make changes and add new wildlife management areas.
Document Number: 2618
Re: Hunt Units and Wildlife Management Areas
Effective Date: April 26, 2002
Published as Final in State Register Vol. 26, Issue 4
Synopsis:
This amended regulation sets seasons, bag limits, and methods of hunting and taking of wildlife on existing and additional wildlife management areas. Amendments are needed to make changes and add new wildlife management areas.
Document Number: 2710
Re: Nongame and Endangered Species
Effective Date: June 28, 2002
Published as Final in State Register Vol. 26, Issue 6
Synopsis:
These regulations amend Sections 123-150 and 123-150.2 and adds Section, 151.1 Section 123-150 provides two additions to the State List of Endangered Wildlife Species: the piping plover and the gopher frog.
Section 123-150.2 permits additions and deletions to the official state list of Nongame Wildlife in Need of Management. The piping plover is deleted from the list, being moved to the list of endangered species and the glossy ibis is deleted from the list. The spotted turtle is added to the list.
Section 123-151.1 establishes a program to manage the take, possession, and commercial trade in the spotted turtle.
Document Number: 2685
Re: Real Property Owned by Department
Effective Date: May 24, 2002
Published as Final in State Register Vol. 26, Issue 5
Synopsis:
These regulations govern the conduct and activities of visitors to all lands owned by the Department of Natural Resources in order to protect and preserve natural resources while providing maximum public benefit through regulated outdoor recreation opportunities. The repeal of current regulations applies to specific properties which consolidate and simplify regulations for department-owned properties.
Document Number: 2657
Re: Seasons, Limits, Methods, Use of Wildlife Management Areas
Effective Date: May 24, 2002
Published as Final in State Register Vol. 26, Issue 5
Synopsis:
These regulations replace Chapter 123-40 in order to clarify Department of Natural Resources authority for filing specific regulations, correct past errors in the printed document, add new sections, and incorporate all previously filed changes to Chapters 123-40, 123-50, 123-51, 123-52 and 123-53.
Document Number: 2690
Re: Trout Harvest
Effective Date: May 24, 2002
Published as Final in State Register Vol. 26, Issue 5
Synopsis:
The regulation establishes new protections for trout in portions of three streams by restricting harvest and lure configurations available to anglers. The use of these restrictions is designed to enhance angling opportunities. The regulation restricts fishing in a 1.5 mile leased portion of the Middle Saluda River (Greenville County) to catch-and-release only. In Cheohee Creek and Chattooga River (Oconee County) fishing is restricted to single barb hooks with all fish being released From November 1 through May 14.
Public Service Commission
Document Number: 2586
Re: Definition of a Limousine
Effective Date: May 24, 2002
Published as Final in State Register Vol. 26, Issue 5
Synopsis:
The definition of a limousine is amended to provide that a limousine includes sport utility vehicles and town cars.
Revenue, Department of
Document Number: 2650
Re: ABC Name and Cite Change
Effective Date: June 28, 2002
Published as Final in State Register Vol. 26, Issue 6
Synopsis
Various alcoholic beverage regulations change references to the former Alcoholic Beverage Commission to the Department of Revenue or the State Law Enforcement Division and correct references to various code sections that have been changed due to recodification of the alcoholic beverage laws in Title 61.
Document Number: 2662
Re: Administrative, License, Income and property Tax
Effective Date: June 28, 2002
Published as Final in State Register Vol. 26, Issue 6
Synopsis:
Various administrative, license tax, income tax, and property tax regulations are amended to change references from the former tax commission to the Department of Revenue and to correct references to various code sections that have been changed due to recodification of administrative and income tax laws in Title 12.
Document Number: 2651
Re: Advertisements, Retail and Wholesale
Effective Date: June 28, 2002
Published as Final in State Register Vol. 26, Issue 6
Synopsis:
The amendment repeals Regulations 7-34 and 7-49 concerning alcoholic liquor advertising by wholesalers and retailers since the U.S. Supreme Court, in 44 Liquormart v. Rhode Island, 517 U.S. 484 (1996), held unconstitutional a similar Rhode Island statute that prohibited price advertising of alcoholic liquors.
Document Number: 2695
Re: Repeal Alcoholic Beverage Regulations
Effective Date: June 28, 2002
Published as Final in State Register Vol. 26, Issue 6
Synopsis:
Various alcoholic beverage regulations are repealed since they are no longer needed due to changes in the law.
Document Number: 2636
Re: Repeal Sales, Property, Administrative, Estate, Video Game, Income Taxes
Effective Date: June 28, 2002
Published as Final in State Register Vol. 26, Issue 6
Synopsis:
Various sales tax, property tax, administrative, estate tax, license tax, video game, and income tax regulations are repealed since they are no longer needed due to changes in the law.
Document Number: 2658
Re: Sales Tax
Effective Date: June 28, 2002
Published as Final in State Register Vol. 26, Issue 6
Synopsis:
This amendment repeals Article 7 of Chapter 117 of the SC Code of Regulations, Regulations 117-145 through 117-178 and the creation of thirty-seven new regulations concerning sales and use tax in a new Article 11. Sales and use tax regulations are combined so that all regulations concerning one subject matter may be found in one regulation and therefore one place in the regulation code. In addition, each regulation has several subsections numbered in a manner to allow future issues concerning the subject matter to be added on and still be in the same place in the regulation code as other similar issues. The project reduces the number of regulations from 225 to 37. The proposal also incorporates longstanding department policy with respect to building material used in the construction of commercial housing for poultry and livestock, meals sold to or by medical institutions, colleges and universities, charges by hotels and similar facilities, transactions involving state and local governments, and the calculation of the tax when a manufactured home is sold with furniture, appliances, and other items.
Social Services, Department of
Document Number: 2687
Re: General-Family Independence Program
Effective Date: May 24, 2002
Published as Final in State Register Vol. 26, Issue 5
Synopsis:
This amends current regulations in Article 11 of the Family Independence Program for the purpose of setting forth new budgeting procedures that allow an applicant for the Family Independence Program to be given a deduction for monthly child care expenses prior to the determination of eligibility for family independence. Regulations amended include: (a) deduction of child care expenses, not to exceed three consecutive months, prior to determination of gross income eligibility; and (b) use of a standardized child care deduction.
Document Number: 2688
Re: General Food Stamp Program
Effective Date: May 24, 2002
Published as Final in State Register Vol. 26, Issue 5
Synopsis:
This regulation develops and amends food stamp regulations for the purpose of setting forth new and clarifying current regulations. Regulations amended include: (a) deletion of the requirement to close the food stamp case when a client moves from one county to another county; (b) removal of the requirement to sanction the entire family when the head of a household fails to comply with food stamp work requirements; (c) removal of the requirement to disqualify individuals in arrears on court ordered child support; and (d) update of reporting requirements, food stamp outreach activities, and food stamp claims, based on federal regulations.
ACTS AND JOINT RESOLUTIONS AMENDED
1968
No. 1377, State agences and institutions required to submit an overall plan seeking approval of requests for funding of permanent improvement projects; provisions related to deleted
R475, H4835 166
2002
R. No. 317, State Ports Authority, Board; State rather than Budget and Control Board to provide certain indemnification to; Budget Proviso Codification Act
A356, R388, H4879 138
ACTS CITED BY POPULAR NAME
Appropriations Bill, 2002-2003
A289, R373, H4878 71
Budget Bill, 2002-2003
A289, R373, H4878 71
Budget Proviso Codification Act
A356, R388, H4879 138
Campus Sex Crimes Prevention Act
A310, R407, H3309 85
Campus Sexual Assault Information Act
A310, R407, H3309 85
Codification Bill
A356, R388, H4879 138
Computer Abuse Act of 2002
A169, R170, H3539 2
Conservation Bank Act, South Carolina
A200, R228, S297 22
Electric Personal Assistive Mobility Devices (EPAMD)
A269, R334, H4954 59
Emergency Health Powers Act
A339, R428, H4416 114
Estates and Probate Reform Act
R464, H4154 163
Estimated Income Tax Payment Reform Act
R466, H4337 164
Family Privacy Protection Act of 2002
A225, R261, S204 35
General Obligation Economic Development Bond Act
A254, R322, S1200 51
Historic Rehabilitation Incentives Act
A229, R270, H3163 38
Homeland Security Act
A339, R428, H4416 114
Interstate Compact for Adult Offender Supervision
A273, R346, S1172 60
Investments of Insurers Act
A319, R391, H5037 92
Motorist Insurance Identification Database Program Act
A324, R415, H5105 96
Nonpublic Post-Secondary Institution License Act
A284, R361, H4818 68
Perpetual Care Cemetery Act
A322, R409, H3515 93
Private Guardian Ad Litem Reform Act
R442, S322 161
Released Time for Religious Education Act
A241, R293, H3048 44
Research Centers of Economic Excellence Act
A356, R388, H4879 138
Residential Property Condition Act
A336, R456, H3601 112
Richland County School District Property Tax Relief Act
A326, R448, S1131 100
Simplified Sales and Use Tax Administration Act
A334, R445, S852 107
South Carolina Campus Sex Crimes Prevention Act
A310, R407, H3309 85
South Carolina Campus Sexual Assault Information Act
A310, R407, H3309 85
Special Purpose Reinsurance Vehicle Model Act
A259, R320, S1045 54
Stephanie’s Law
A325, R437, S1208 98
Structured Settlement Protection Act
A252, R300, H3943 50
Student-Led Message Act
A331, R473, H4683 104
Vacation Rental Act
A336, R456, H3601 112
ADJUTANT GENERAL
Caisson owned by, maintenance and care of provided; Budget Proviso Codification Act
A356, R388, H4879 138
Emergency Management Division, urban search and recovery team abolished
A348, R452, H3049 130
Emergency Management Division, urban search and recovery team established
A339, R428, H4416 114
Emergency Preparedness Division, name changed to Emergency Management Division
A190, R210, H4485 16
National Guard
Active duty, member enrolled in institution of higher learning entitled to refund of tuition and fees
A330, R471, H4481 103
God Bless America special license plates, revenue from to be used for homeland security
A218, R251, H4432 32
Motor vehicle license plates, issuance of special to members of; application to include copy of military identification card
A193, R213, S504 17
State Guard
Motor vehicle license plates, issuance of special to members of; application to include copy of military identification card
A193, R213, S504 17
AERONAUTICS
Richland-Lexington Airport Commission, members increased; method of appointment provided
A326, R448, S1131 100
AGENCIES, STATE
Administrative procedures
Regulations
Agencies required to provide certain information when a regulation is submitted; provisions
A231, R272, H3706 40
Annual Permanent Improvement Program, name changed to Comprehensive Permanent Improvement Plan, which will serve as an agency outline for the next five years
R475, H4835 166
Audit records and working papers of Legislative Audit Council, confidential at all times; exception of final audit reports
A244, R297, H3436 46
Budget Proviso Codification Act
A356, R388, H4879 138
Directors, information regarding security protections provided
A339, R428, H4416 114
Family Privacy Protection Act of 2002
A225, R261, S204 35
Farm products, research and research equipment; state agencies that participate in; unlawful to damage or destroy research or facilities; penalties
A232, R273, H3838 40
Improvement projects, requirement of all state agencies and institutions to submit overall plan seeking approval of request; provisions related to deleted
R475, H4835 166
Legislative Printing, Information and Technology Systems; establishment of the office of
A333, R431, H4676 106
A356, R388, H4879 138
AGING
Abuse or neglect of vulnerable adult resulting in death or great bodily injury considered most serious offense and serious offense respectively; both offenses considered violent crimes
A176, R185, S478 5
Attendant care services and individual in need of in-home care, definitions provided; person who is not licensed nurse may provide in-home care services
A337, R459, H3817 113
Criminal record check required for caregivers employed by nursing homes, adult daycare facilities, home health agencies, and community residential care facilities; provisions
A242, R294, H3145 45
Medicare
Hospice patient, admitted by physician certification under Medicare meets the unable to consent requirement
A351, R462, H3978 134
Major medical expense coverage extended to individuals who are under sixty-five that are eligible for due to a disability
A240, R284, S1020 43
Supplemental health insurance coverage, extended to individuals under sixty-five who are eligible for medicare because of a disability
A240, R284, S1020 43
AGRICULTURE
Agriculture suits, pollution and flood liability in certain agriculture suits; certain provisions do not apply
A340, R432, H4944 118
Conservation Bank Act
A200, R228, S297 22
Crop Pest Commission
Crop disease, pest, and terrorism; person responsible for crop production required to report any occurence of
A339, R428, H4416 114
Examinations, licensing exam and questions administered by confidential, exempt from public disclosure; provisions provided for person who fails the examination
A206, R236, S653 26
Facility or operation, none to become a nuisance by changed conditions
A340, R432, H4944 118
Farm products, research or research equipment; universities, facilities, private entities, or federal, state, or local agencies that participate in; unlawful to damage or destroy; penalties
A232, R273, H3838 40
Farm truck, includes a truck transporting certain horticultural products
A340, R432, H4944 118
Fertilizer, commercial; inspection tax to be paid to the Division of Regulatory and Public Service Programs, Clemson University
A340, R432, H4944 118
Fertilizer, restricted fertilizer defined; fertilizer distributor and general and restricted fertilizer permits provided for; penalties for violating provided
A340, R432, H4944 118
Food
Sales tax
Exemption, food lawfully purchased with Agriculture Department food coupons exempt from certain local option sales tax
A326, R448, S1131 100
Grain dealers’ license, suspension or revocation provided for failure to pay certain assessments
A340, R432, H4944 118
Livestock branding, registered brand is property of person who registered it, their heirs,and assigns unless canceled or revoked; references to renewing deleted
A315, R414, H4968 89
Timber buyer or operator purchasing trees, timber, or wood by the load must furnish the timber grower or seller a wood load ticket for each load of wood
A288, R365, H5060 70
Timber theft in excess of five thousand dollars; confiscation of all motor vehicles, tractors, trailers, etc. and equipment involved in commission of
A288, R365, H5060 70
AIKEN COUNTY
Aiken Technical College may grant in-state tuition to residents of Richmond and Columbia Counties in Georgia
A356, R388, H4879 138
Technical and Comprehensive Education Commission
A292, R377, H3473 72
University of South Carolina’s Aiken Campus may grant in-state tuition to residents of Richmond and Columbia Counties in Georgia
A356, R388, H4879 138
ALCOHOL AND ALCOHOLIC BEVERAGES
Alcohol and Drug Abuse Services
Alcohol and Drug Safety Action Program classes, person may use route restricted or special restricted to attend; provisions
A348, R452, H3049 130
A354, R472, H4607 136
A296, R381, H3959 75
Alcoholic and nonalcoholic items; retail dealer, wholesaler, or producer may offer discounts on through premiums, coupons, or stamps redeemable by mail
A335, R447, S1047 111
Beer and wine
Retail establishments selling alcoholic beverages, person may carry firearm on premises when in possession of concealable weapon permit under certain conditions
A274, R349, H3010 61
Wines containing over sixteen percent alcohol by volume may be sampled in retail alcoholic liquor stores under certain conditions
A335, R447, S1047 111
Challenging license suspension for refusing to submit to the breath test or registering over the legal alcohol limit; fee is limited to fifty dollars when requesting a challenge
A235, R276, H4615 41
Distilled spirits, cordials, and wines; sampling of permitted in retail alcoholic liquor stores under certain conditions
A335, R447, S1047 111
Forests, state, unlawful to display or consume alcoholic beverages on
A258, R319, S1001 54
Minibottles
Permits, Sunday; municipalities may hold referendums, provisions
A353, R469, H4426 135
Retail establishments
Distilled spirits, cordials, and wines; sampling of permitted in retail alcoholic liquor stores under certain conditions
A335, R447, S1047 111
Lottery tickets may be sold at
A353, R469, H4426 135
Pistol or firearm, revisions to particulars of offense of unlawful carrying of on premises of establishments
A274, R349, H3010 61
Retail dealer, may offer discounts through premiums, coupons, or stamps redeemable by mail
A335, R447, S1047 111
ALLENDALE COUNTY
Game Zone No. 11, wild turkey hunting; provisions regarding
A210, R240, S894 28
ANDERSON COUNTY
Tri-County Technical College Commission
A292, R377, H3473 72
ANIMALS
Abandoned, ill or injured animal; immunity from civil and criminal liability provided to person who renders emergency care without compensation to
A205, R235, S191 26
Disease, infection, and terrorism; person caring for animals required to report occurrences of
A339, R428, H4416 114
Dogs
Guide dog trainer, when training, has same rights as disabled person with respect to access to public facilities and accommodations
A204, R234, H4510 26
Facilities, owner or operators of; Clemson University and DHEC to create certification program for; provisions for the operation of animal waste management
A340, R432, H4944 118
Ferrets, provisions regarding purchase of
A343, R454, H3372 127
R382, H4260 154
License plates, No More Homeless Pets issued, fees used to support local spaying and neutering programs
A266, R330, H4530 57
Livestock, registered brand is property of the person who registered it, their heirs, and assigns unless canceled or revoked; references to the renewal of deleted
A315, R414, H4968 89
Rabies Control Act, provisions revised
A343, R454, H3372 127
R382, H4260 154
Rabies, persons bitten by infected animal carrying; DHEC must ensure the availability of antirabic (Human) vaccine and globulin products
A285, R362, H4891 69
APPROPRIATION ACTS
Codification Bill
A356, R388, H4879 138
Education Lottery appropriations; Budget Proviso Codification Act
A356, R388, H4879 138
State, General
Appropriations Bill, 2002-2003
A289, R373, H4878 71
Codification Bill
A356, R388, H4879 138
ARCHEOLOGY AND ANTHROPOLOGY
Underwater Antiquities Act of 1991, revisions
R429, H4429 156
ARCHITECTS AND ARCHITECTURE
Architectural Examiners Board
Architecture Education and Research Fund established
R474, H4771 165
Canadian Architectural Certification Board included as an accrediting body of schools and programs for architects
R474, H4771 165
Emeritus architect and retired from active practice defined; exempt from continuing education requirements, requirements provided for returning to active practice
R474, H4771 165
ARCHIVES AND HISTORY
Department
Budget Proviso Codification Act
A356, R388, H4879 138
Historic Rehabilitation Incentives Act; income tax credit for historic structures that do not qualify for a federal tax credit provided for expenditures to rehabilitate
A229, R270, H3163 38
Underwater Antiquities Act of 1991, revisions
R429, H4429 156
ARTS AND PRINTS
Jean Laney Harris Folk Heritage Award, state and private funds in an amount not to exceed two thousand dollars a year may be used to cover expenses associated with presentation of
A208, R238, S869 27
ATHLETICS
Colleges and universities, athletic departments; provisions regarding pharmacists-in-charge
A356, R388, H4879 138
High school league sports season, except football; student who is a member of a school team may participate in team sports independent of the school
A321, R404, S1157 92
Soccer
Oconee County, students participating in may participate in organized soccer independent of school’s control
A321, R404, S1157 92
Team physician licensed in another state who is employed by a visiting team exempt from state licensure under certain conditions
A316, R416, H5106 90
ATTORNEYS
Bar, American; agencies not to reimburse employees for Association dues
A356, R388, H4879 138
Bar, S.C. State; fees collected by, provisions repealed
A245, R299, H3812 46
Power of attorney, durable; attorney-in-fact acting pursuant to; compensation of and protection of third parties relying on acts of provided
R464, H4154 163
State Board of Law Examiners, members of; person practicing law for seven years may serve on, Supreme Court to determine duties, membership, terms and qualifications for
A307, R401, S1085 83
AUDITORS AND AUDITING
Bingo auditing; Budget Proviso Codification Act
A356, R388, H4879 138
County Auditors
Motor vehicle registration, requirements for nonresident owner and auditor of county in which vehicle is owned or leased; penalties for late registration provided
A275, R350, H3014 62
Records of; Budget Proviso Codification Act
A356, R388, H4879 138
State Auditors
Budget Proviso Codification Act
A356, R388, H4879 138
BAMBERG COUNTY
Game Zone No. 11, wild turkey hunting; provisions regarding
A210, R240, S894 28
BANKS AND SAVINGS AND LOAN ASSOCIATIONS
Budget Proviso Codification Act
A356, R388, H4879 138
Checks
Fraudulent, service charge on checks of one hundred dollars or less increased to thirty dollars
A291, R376, H3286 72
Conservation Bank Act
A200, R228, S297 22
Credit cards
Court costs, fees, etc.; certain may be paid by credit card or debit card, provisions
A295, R380, H3905 74
Federal Deposit Insurance Limit, letters of credit may be used as security for funds deposited in banks or savings and loan associations by the State Treasurer
A211, R242, S999 29
Investments by insurers
A319, R391, H5037 92
Loans
Conservation easement, approval by Heritage Trust Advisory Board required when conveyed by counties and municipalities involving grants or loans by Conservation Bank
A200, R228, S297 22
State Treasurer, references to installment loans deleted; authorized to provided financing arrangements to entities in the State under the master lease program, provisions
A286, R363, H4998 69
Lockbox, to facilitate access to obtain power of attorney conditioned on verified document
R464, H4154 163
Pecuniary interest outright, distribution for provided
A234, R275, H4598 41
Secured transactions, transfer provisions inapplicable by a government or a governmental unit; South Carolina reporters comment in regards to the amendment added
A192, R222, H4682 17
Security and borrower, related to consumer finance law; technical changes
A228, R264, S982 37
Uniform Prudent Investor Act, investments in mutual funds sponsored by affiliated organizations are allowed under certain circumstances
A234, R275, H4598 41
BARNWELL COUNTY
Game Zone No. 11, wild turkey hunting; provisions regarding
A210, R240, S894 28
BEAUFORT COUNTY
Game Zone No. 11, wild turkey hunting; provisions regarding
A210, R240, S894 28
Lowcountry Technical College Area Commission
A292, R377, H3473 72
Voting precincts, certain redesignated
A177, R186, S902 6
BERKELEY COUNTY
County board of social services, legislative delegation authorized to terminate
A246, R301, H4406 47
Game Zone No. 06, wild turkey hunting; provisions regarding
A210, R240, S894 28
Saltwater Recreational Fisheries Advisory Committee, additional member to be from
A178, R188, H3361 6
Santee Cooper Counties Promotions Commission, terms of members increased; provisions
A270, R341, S633 59
Trident Technical College Area Commission
A292, R377, H3473 72
BONDS OR NOTES
Capital improvement bonds
Annual Permanent Improvement Program submitted to Joint Bond Review Committee and Budget and Control Board; name changed to Comprehensive Permanent Improvement Plan, which will serve as an agency outline for the next five years
R475, H4835 166
Capital projects sales tax, revenue to be used to pay debt service on bonds issued to fund approved projects, referendum and reporting requirements
A334, R445, S852 107
Citadel athletic facilities bond, proceeds from admission and special student fees may be used to pledge as security for without pledging revenue from the athletic department
A299, R386, H4701 78
Natural Resources Department, bonds authorization reallocated for
R475, H4835 166
State agencies and institutions, requirement of to submit overall plan seeking approval or project requests; provisions related to deleted
R475, H4835 166
General obligation
General Obligation Economic Development Bond Act
A254, R322, S1200 51
Richland County School District Property Tax Relief Act
A326, R448, S1131 100
Tax increment financing, redevelopment projects; period within which municipality may issue obligations to finance lengthened; provisions for municipality when redevelopment project located outside of project area
A207, R237, S675 27
Procurement contracts, to prohibit the state, a political subdivision, or other public entity from requiring that a surety bond be furnished by a particular surety company or through a particular agent or broker
A253, R310, H4823 50
BUDGET AND CONTROL BOARD
Annual Permanent Improvement Program submitted to Joint Bond Review Committee and Budget and Control Board; name changed to Comprehensive Permanent Improvement Plan, which will serve as an agency outline for the next five years
R475, H4835 166
Budget Proviso Codification Act
A356, R388, H4879 138
Cooper River terminal facility; Ports Authority required to begin environmental study and permitting process for expansion on the Cooper River’s west bank, Board to provide indemnification to Authority Board members; provision
A256, R317, S926 52
Francis Marion University Trustees authorized to enter ground lease agreements with a private entity; Budget and Control Board must approve
A227, R263, S868 37
Motor Vehicle Management Division
Fleet Management Program, Operations Division to establish a cost allocation plan relating to
A356, R388, H4879 138
Ports Authority, Board; State rather that Budget and Control Board to provide certain indemnification to; Budget Proviso Codification Act
A356, R388, H4879 138
Scenic rivers, acquisition of lands next to by the Board; legislative delegation rather than the county governing body in which the land is located must approve of
A222, R257, H4883 34
BUILDINGS
Building Codes
Council
Membership, modular building industry representative and code enforcement officer added to; all members are voting members; call of meetings provided
A173, R182, S45 4
Firearms, person with a concealed weapons permit may carry a concealed weapon upon any premises, property, or building that is part of an interstate rest facility
A274, R349, H3010 61
Public
State-owned, rental charges from
A356, R388, H4879 138
State House
Additions and improvements to must be approved by State House Committee
A356, R388, H4879 138
Flag flown atop State House to be lowered and displayed at half-staff on Memorial Day and on day of funeral services for certain public officials; half-staff defined
A226, R262, S439 36
Historic Rehabilitation Incentives Act
A229, R270, H3163 38
BUSINESSES AND CORPORATIONS
Annual reports, corporate extensions of time to file; technical change made
A334, R445, S852 107
Brownfields Voluntary Cleanup Program
Corporate income tax credit for expenses incurred by taxpayer in cleaning up site pursuant to the Brownfields Voluntary Cleanup Program
A280, R356, H4548 65
County tax exemption for five years on property subject to nonresponsible party voluntary clean-up contract for which certificate of completion has been issued by Department of Health and Environmental Control
A280, R356, H4548 65
Fee in lieu of taxes, eligibility investment thresholds to include amounts expended for costs incurred pursuant to Brownfields Voluntary Cleanup Program; provisions
A280, R356, H4548 65
Jobs tax credit, additional one thousand dollar for jobs created pursuant to the Brownfields Voluntary Cleanup Program
A280, R356, H4548 65
Burglar alarm system branch office not to operate until a license number is issued; employee required to be licensed by department to have access to client records; scope of authority of licensee after cancellation clarified
R439, S41 158
Burglar alarm system business, definition of “registered” revised; person seeking license to engage in must complete training courses
R439, S41 158
Concealable weapons, posted signs prohibiting; size, content, and placement requirements revised
A274, R349, H3010 61
Corporate taxpayer, estimated tax returns; specific requirements for deleted
R466, H4337 164
Corporation, may designate employee or principal to represent corporation in magistrates’ courts
A201, R230, H3032 24
Enterprise zone provisions, state rural infrastructure fund revenues, to conform the use of to the “distressed county” designation
A332, R422, S886 105
Fee in lieu of taxes, agreements implementing fee; information provided to implement and duties of auditor provided; additional extensions for the completion of projections and filing required returns provided
A334, R445, S852 107
Fee in lieu of taxes, eligibility investment thresholds to include amounts expended for costs incurred pursuant to Brownfields Voluntary Cleanup Program; provisions
A280, R356, H4548 65
Fee in lieu of taxes, investment period extension increased from two to five years; Revenue Department may grant maximum sixty-day extension for filing returns
A334, R445, S852 107
Income tax
Calendar year corporations, estimated tax credits; due date changed and inclusion of license fees in payments authorized
A334, R445, S852 107
Corporate tax returns, extensions; requirement of corporate taxpayer to file separately with the Revenue Department deleted
A334, R445, S852 107
Corporate taxpayer, included in provisions that allow for an extension
R466, H4337 164
Estimated Income Tax Payment Reform Act; due date changed from March 15 to April 15 for first estimated payment
R466, H4337 164
Job development credit, additional fee for businesses claiming
A334, R445, S852 107
Job development fees and credits, additional qualified expenditures against which to claim credit provided
A334, R445, S852 107
Jobs tax credit, designations of “distressed county”, provisions regarding
A332, R422, S886 105
Innovation in Environmental Approaches, pilot program to be administered by Department of Health and Environmental Control
A318, R354, H4258 91
Investments of Insurers Act
A319, R391, H5037 92
Marks for goods or services, certain marks or trade names previously used by another in this state may not be registered
A279, R355, H4303 64
Motor vehicle rental companies authorized to sell or offer insurance in connection with rental of vehicle
A196, R217, H3822 19
Partnerships
Magistrates’ courts; may designate employee or principal to represent partnership in
A201, R230, H3032 24
Prices, unconscionable; charging for essential commodities during state of emergency prohibited, criminal penalties
A339, R428, H4416 114
Research Authority, South Carolina; provisions regarding location of principal office and board meetings
A172, R171, H3653 3
Rural infrastructure fund revenues, to conform the use of to the “distressed county” designation
A332, R422, S886 105
Trade names or marks for goods or services, may not be registered if previously used by another in this state; provisions
A279, R355, H4303 64
CALHOUN COUNTY
Game Zone No. 6, wild turkey hunting; provisions regarding
A210, R240, S894 28
Santee Cooper Counties Promotions Commission, terms of members increased, provisions
A270, R341, S633 59
CEMETERIES
Funeral directors, embalmers
Licensure and examination requirements revised; continuing education requirements revised for out-of-state embalmers and directors
A322, R409, H3515 93
Out-of-state licensees, licensure procedures for
A322, R409, H3515 93
Preneed funeral contracts, provisions requiring verification by State Board of Funeral Service deleted; certain temporary provisions provided
A313, R412, H4180 87
Permits; requirements for obtaining funeral home, branch funeral home, retail sales outlet, and crematory provided
A322, R409, H3515 93
Perpetual Care Cemetery Act
A322, R409, H3515 93
Perpetual Care Cemetery Board established, may promulgate regulations when approved by Director of Labor, Licensing and Regulation Department; requirements for burial vaults, cemeteries, and licenses revised
A322, R409, H3515 93
Retail sales outlets, crematories; provisions which apply to funeral directors or embalmers regarding permits, prohibited activities, and disclosure of services and fees also applicable to
A322, R409, H3515 93
CHARITABLE ORGANIZATIONS
Nonprofit organizations
Housing corporations and their instrumentalities, property tax exemption and qualifications for provided
A334, R445, S852 107
Special license plates, organizations certified under 501(C)(8) of Internal Revenue Code qualify to be issued
A194, R214, S597 18
Solicitation of contributions for charitable organizations during state of emergency; penalties for misrepresentation and wilfully misleading practices
A339, R428, H4416 114
CHARLESTON COUNTY
Bob Harrell Bridge and Interchange named
A233, R274, H3867 40
Game Zone No. 06, wild turkey hunting; provisions regarding
A210, R240, S894 28
Morris Island Light House, restoration and preservation with revenue from special license plates
A264, R328, H4412 56
Naval Complex Redevelopment Authority, transferred to city of North Charleston; Budget Proviso Codification Act
A356, R388, H4879 138
Trident Technical College Area Commission
A292, R377, H3473 72
CHEROKEE COUNTY
Game Zone No. 4, wild turkey hunting permitted on Sunday, on private land
A255, R316, S813 52
Voting precincts
A223, R258, H4982 34
CHESTER COUNTY
Game Zone No. 4, wild turkey hunting permitted on Sunday; on private land
A255, R316, S813 52
CHESTERFIELD COUNTY
Northeastern Technical College Area Commission
A292, R377, H3473 72
CIVIL DEFENSE
Homeland Security Act
A339, R428, H4416 114
Prices, unconscionable; charging for essential commodities during state of emergency prohibited, criminal penalties
A339, R428, H4416 114
Trade practices, unfair to rent or sell essential commodities and rent or lease dwelling units or self-storage facilities at unconscionable price during and within area declared state of emergency, penalties
A339, R428, H4416 114
CLARENDON COUNTY
Central Carolina Technical College Commission
A292, R377, H3473 72
Game Zone No. 9, restrictions on shooting preserves repealed
A309, R406, S1226 85
Santee Cooper Counties Promotions Commission, terms of members increased; provisions
A270, R341, S633 59
CODE SECTIONS OF 1976 ADDED, REENACTED OR REDESIGNATED
Title 01
01-001-0703, Carolina Tartan designated as the official tartan of the State
A303, R392, H5063 81
01-001-1310, Reporting and Records of State Boards and Commissions Membership
A182, R193, H4475 10
01-005-0050, Secretary of State authorized to collect fees for searching for or copying of records
A356, R388, H4879 138
01-005-0060, Secretary of State authorized to establish and retain fees from dishonored checks
A356, R388, H4879 138
01-011-0067, Budget and Control Board to assess a rental charge from all state departments and agencies occupying state owned buildings
A356, R388, H4879 138
01-011-0225, Budget and Control Board, Division of Operations to establish a cost allocation plan relating to the Statewide Fleet Management Program
A356, R388, H4879 138
01-011-0425, Bound publications of agencies, required information on last page of
A356, R388, H4879 138
01-011-0435, State’s critical information, protection of provided
A339, R428, H4416 114
01-011-0475, Budget and Control Board to devise plan for expenditure of funds appropriated for employer contributions
A356, R388, H4879 138
01-011-0770, 211 network, established to coordinate information and referrals for Health and Human Services statewide
A339, R428, H4416 114
01-011-1110 through 01-011-1140, Confederate Relic Room, Director to be appointed by Executive Director of Budget and Control Board; supplementing of appropriations
A356, R388, H4879 138
Title 01, Chap. 01, Art. 20, Reporting and Records of State Boards and Commissions Membership
A182, R193, H4475 10
Title 01, Chap. 11, Art. 07, Confederate Relic Room, Director to be appointed by Executive Director of Budget and Control Board; supplementing of appropriations
A356, R388, H4879 138
Title 02
02-001-0220, General Assembly, each House exempt from laws and regulations requiring approval of Budget and Control Board for expenditure or transfer of legislative branch appropriations
A356, R388, H4879 138
02-003-0027, Member of General Assembly convicted of felony and not pardoned, may not receive compensation of expenses
A356, R388, H4879 138
02-003-0045, House members, telephone and postage allocations to; members may use remaining funds of one category in the other category during the same year
A356, R388, H4879 138
02-003-0065, General Assembly vouchers for compensation must be approved by the clerks of both Houses; clerks and Legislative Council authorized to issue warrants on approved accounts for extra clerical expenses
A356, R388, H4879 138
02-003-0067, Clerks of House and Senate authorized to install a telephone service to be used by members and officers of both houses
A356, R388, H4879 138
02-003-0105, Sergeant of Arms and Directors of Security for both Houses, duties of
A356, R388, H4879 138
02-003-0155, Speaker of the House of Representatives to appoint the Executive Director of Research and the directors of research for standing committees
A356, R388, H4879 138
02-003-0175, House of Representatives and Senate, full-time employees of prohibited from outside work during normal working hours; exceptions provided
A356, R388, H4879 138
02-003-0225, Speaker of House of Representatives authorized to reimburse employees for expenses incurred while on official business
A356, R388, H4879 138
02-003-0235, Nursing personnel located in State House and Gressette Building, to provide for annual leave and insurance for
A356, R388, H4879 138
02-041-0010 through 02-041-0070, Joint Committee on Taxation established
A334, R445, S852 107
02-075-0005 through 02-075-0080, Endowed chairs, lottery appropriations provided for; Budget Proviso Codification Act
A356, R388, H4879 138
Title 02, Chap. 41, Joint Committee on Taxation established
A334, R445, S852 107
Title 02, Chap. 75, South Carolina Research Centers of Economic Excellence Act; Centers of Excellence Matching Endowment Fund to be funded by appropriations from Education Lottery Account
A356, R388, H4879 138
Title 04
04-012-0045, Fee in lieu of property taxes, duties of the auditor provided
A334, R445, S852 107
Title 06
06-001-0130, Political subdivisions, may not mandate or require minimum wage which exceeds the set federal minimum wage
A243, R296, H3289 46
06-011-0340, Special purpose districts, protection and policing of facilities owned by provided
A339, R428, H4416 114
Title 08
08-011-0035, State employee pay schedule, salaries appropriated are maximum compensation for position, dual compensation and expenses restrictions
A356, R388, H4879 138
08-011-0057, State of emergency declared by Governor due to hazardous weather, Governor may authorize leave with pay
A356, R388, H4879 138
08-011-0065, State and local officers and employees entitled to certain paid leaves of absence in order to be organ donor
A347, R444, S830 130
08-011-0075, Deferred Compensation Program, employee participating in can repay loan by payroll deduction
A356, R388, H4879 138
08-011-0194, Agency receiving funds from sources other than general fund must pay share of employee benefits
A356, R388, H4879 138
08-011-0196, State agencies hiring for temporary grants, provisions
A356, R388, H4879 138
08-011-0198, Public officer or state employee, may only receive per diem from one source on for any one calendar day
A356, R388, H4879 138
08-011-0199, American Bar Association dues, agencies may not reimburse employees for
A356, R388, H4879 138
08-021-0320, Common pleas and family court, twenty-five dollar fee for every motion made in provided; juvenile delinquency proceedings excluded
A329, R470, H4431 102
Title 09
09-001-1350, State Treasurer and Comptroller General authorized and directed to transfer funds from general fund account to proper Retirement System Accounts during the fiscal year
A356, R388, H4879 138
09-001-1870, State Retirement Systems, retirees and beneficiaries receiving Medicaid sponsored nursing home care shall not receive an increase in retirement benefits
A356, R388, H4879 138
09-011-0315, Police Officers Retirement System, retirees and beneficiaries receiving Medicaid sponsored nursing home care shall not receive increase in retirement benefits
A356, R388, H4879 138
09-016-0710, Investment education offered to all participants in the state retirement system
A287, R364, H5007 70
Title 09, Chap. 16, Art. 05, Investment education to be offered to all participants in the state retirement plan
A287, R364, H5007 70
Title 10
10-001-0045, State House, additions and improvements must be approved by State House Committee; provisions for bidding and executing of contracts
A356, R388, H4879 138
10-001-0055, Local government demanding payment or lease from state agency or institution, circumstances when must have percentage deducted from allocation to State Aid to Subdivisions
A356, R388, H4879 138
10-001-0161, Flags flown atop State House to be lowered and displayed at half-staff on Memorial Day and on day of funeral services for certain public officials; half-staff defined
A226, R262, S439 36
Title 11
11-003-0175, Comptroller General, consolidation of accounts for proper accounting and facilitated reporting
A356, R388, H4879 138
11-003-0185, Expenditure of money appropriated by General Assembly; provisions regarding requisition of funds by state agencies and institutions
A356, R388, H4879 138
11-005-0280, State Treasurer authorized to enter into contracts allowing agencies or institutions to accept credit cards for payment of services
A356, R388, H4879 138
11-007-0035, State Auditor and designee provided access to state agency records and private entities receiving state appropriated funds
A356, R388, H4879 138
11-007-0040, State Auditor shall bill Department of Health and Human Services monthly for cost incurred in conducting the medical assistance audit
A356, R388, H4879 138
11-011-0160, Agency budgets, transfer of appropriations within fiscal year
A356, R388, H4879 138
11-011-0325, Board of Economic Advisors, projected shortfall for fiscal year, Budget and Control Board to cut from Capital Reserve Fund prior to mandating cuts in operating appropriation
A356, R388, H4879 138
11-013-0045, State Treasury, deposit of federal and state funds in, uses for provided
A356, R388, H4879 138
11-013-0140, State Treasury deemed a bank for purposes of federal law or regulation
A356, R388, H4879 138
11-035-0035, Procurement contracts, to prohibit the state, a political subdivision, or other public entity from requiring that a surety bond be furnished by a particular surety company or through a particular agent or broker
A253, R310, H4823 50
11-041-0011 through 11-041-0170, General Obligation Economic Development Bond Act; general bond debt service for the State increased to five and one-half percent
A254, R322, S1200 51
Title 11, Chap. 41, General Obligation Economic Development Bond Act; general obligation bond debt for the State increased to five and one-half percent
A254, R322, S1200 51
Title 12
12-002-0090, Fee in lieu of taxes, collection and enforcement of provided
A334, R445, S852 107
12-004-0390, Department of Revenue may retain fees to recover cost on certain documents and publications; bingo, dept. may withhold from general fund portion of revenue from actual costs of bingo auditing and criminal record checks
A356, R388, H4879 138
12-006-3535, Income tax credit, state; provided for historic structures that do not qualify for a federal tax credit, expenditures to rehabilitate
A229, R270, H3163 38
12-006-3550, Corporate income tax credit for expenses incurred by taxpayer in cleaning up site pursuant to the Brownfields Voluntary Cleanup Program
A280, R356, H4548 65
12-010-0105, Job development credit, additional fee for businesses claiming provided
A334, R445, S852 107
12-021-4005, Bingo, operation of excludes machines and lottery games
A334, R445, S852 107
12-021-4300, Bingo, operation of excludes machines and lottery games
A334, R445, S852 107
12-035-0010 through 12-035-0100, Simplified Sales and Use Tax Administration Act
A334, R445, S852 107
12-044-0055, Fee is lieu of taxes, agreements implementing fee; additional information provided to implement, duties of auditor provided
A334, R445, S852 107
12-054-0240, Revenue Department, returns to the Health and Human Services Department to verify medicaid eligibility; disclosure of provided
A356, R388, H4879 138
Title 12, Chap. 35, Simplified Sales and Use Tax Administration Act
A334, R445, S852 107
Title 14
14-001-0203, Children, delinquency and neglect cases in divorce proceedings; schedule for distribution of revenue derived from fees and costs provided
A329, R470, H4431 102
14-001-0214, Court costs, fees, etc.; certain may be paid by credit or debit card, provisions
A295, R380, H3905 74
Title 15
15-050-0010 through 15-050-0070, Structured Settlement Protection Act
A252, R300, H3943 50
Title 15, Chap. 50, Structured Settlement Protection Act
A252, R300, H3943 50
Title 16
16-013-0177, Timber theft in excess of five thousand dollars; confiscation of all motor vehicles, tractors, trailers, etc. and equipment involved in commission of
A288, R365, H5060 70
16-016-0025, Computer Abuse Act of 2002; civil remedy of compensatory damages and restitution provided pursuant to the Computer Crime Act
A169, R170, H3539 2
Title 17
17-005-0535, Autopsy, photographs or videos incidental of and to the performance of; certain persons may view, penalties
A350, R458, H3668 134
17-030-0010 through 17-030-0145, Wire, electronic, or oral communications, protocol for interception of; provisions and penalties provided
A339, R428, H4416 114
Title 17, Chap. 30, Wire, electronic, or oral communications, protocol for interception of; provisions and penalties provided
A339, R428, H4416 114
Title 22
22-003-0015, Magistrates, civil jurisdiction of; to have concurrent jurisdiction of interpleader actions filed over claims of disputed real estate earnest money when dispute doesn’t exceed jurisdictional limit of
A184, R200, H3107 11
22-005-0115, Magistrate, may issue notice of trial based on statement of an affiant who is not a law enforcement officer; arrest warrant may not be issued
A348, R452, H3049 130
22-005-0920, Defendant, youthful offender; fifteen years after convicted authorized to apply to the circuit court for an order of expungement
R480, H5269 167
Title 23
23-001-0230, First Responders Advisory Committee, created to study and report needs to first responders to emergency
A339, R428, H4416 114
23-006-0305, Public Safety Department, provisions when authorized by U.S. to provide registration with Selective Service System for certain persons at time issues or renews drivers’ licenses or identification cards
A305, R398, S634 82
23-015-0045, Sheriffs, statewide territorial jurisdiction to serve incarcerated inmates warrants issued by certain magistrates; provisions
A348, R452, H3049 130
Title 24
24-021-0055, Probation, Parole and Pardon Services, hearing fee approved by Budget and Control Board
A356, R388, H4879 138
24-021-0085, Probation, Parole and Pardon Services, person placed on electronic monitoring must be assessed a fee
A356, R388, H4879 138
24-021-0235, Probation, Parole and Pardon Services authorized to issue duty clothing for employees
A356, R388, H4879 138
24-021-0237, Probation, Parole and Pardon Services may provide meals to employees under certain circumstances
A356, R388, H4879 138
24-021-1100 through 24-021-1220, Interstate Compact for Adult Offender Supervision
A273, R346, S1172 60
Title 24, Chap. 21, Art. 12, Interstate Compact for Adult Offender Supervision
A273, R346, S1172 60
Title 25
25-001-1440, Adjutant General, caisson owned by; maintenance and care for provided
A356, R388, H4879 138
Title 27
27-001-0060, Residential or commercial property, contract, deed, lease, or homeowner associations may not restrict lawful flying of the American flag
A344, R479, H5259 128
27-033-0050, Rental property, tenant responsibilities for utilities, water, sewerage, and garbage; service providers not allowed to hold landlord responsible, exceptions
A336, R456, H3601 112
27-050-0210 through 27-050-0270, Vacation Rental Act
A336, R456, H3601 112
Title 27, Chap. 50, Art. 01, Residential Property Condition Act
A336, R456, H3601 112
Title 27, Chap. 50, Art. 02, Vacation Rental Act
A336, R456, H3601 112
Title 30
30-001-0015, Defense Department discharge form 214(DD 214) on file with clerk of court is not a public record, may not be released; provisions
A308, R402, S1087 84
30-002-0010 through 30-002-0050, Family Privacy Protection Act of 2002
A225, R261, S204 35
30-004-0040, Freedom of information, regulation by appropriate agency directors for access to information regarding protections
A339, R428, H4416 114
Title 30, Chap. 02, Family Privacy Protection Act of 2002
A225, R261, S204 35
Title 33
33-001-0103, Corporation or partnership, may designate employee or principal to represent business in magistrates’ courts; provisions
A201, R230, H3032 24
Title 38
38-012-0010 through 38-012-0520, Investments of Insurers Act
A319, R391, H5037 92
38-014-0010 through 38-014-0200, Special Purpose Reinsurance Vehicle Model Act
A259, R320, S1045 54
38-043-0500, Limited Licensing of Motor Vehicle Rental Companies to Sell or Offer Insurance
A196, R217, H3822 19
38-055-0173, Insurance fraud, vehicle glass business; certain conduct is a misdemeanor
A215, R248, H3598 31
38-071-0285, Health insurance mandates, task force created to conduct a comprehensive review of; findings to be reported to the General Assembly
A338, R430, H4583 114
38-090-0175, Captive Insurance Regulatory and Supervision Fund established, to provide director of the Department of Insurance financial means to administer expenses for captive insurance companies
A188, R208, S965 14
Title 38, Chap. 12, Investments of Insurers Act
A319, R391, H5037 92
Title 38, Chap. 14, Special Purpose Reinsurance Vehicle Model Act
A259, R320, S1045 54
Title 38, Chap. 43, Art. 04, Limited Licensing of Motor Vehicle Rental Companies to Sell or Offer Insurance
A196, R217, H3822 19
Title 39
39-005-0145, Unfair trade practices; renting, selling, or leasing essential commodities at unconscionable prices during a state of emergency, penalties and provisions
A339, R428, H4416 114
39-005-0147, Charitable purposes, sale of goods or services in connection with; misleading practices during a state of emergency; penalties provided
A339, R428, H4416 114
39-005-0149, State of emergency, registration of an agent for notification of declaration or termination of provided
A339, R428, H4416 114
39-005-0170, Trade practices, unfair; certain conduct in vehicle glass repair business considered
A215, R248, H3598 31
Title 40
40-005-0255, South Carolina Architecture Education and Research Fund established by the Architectural Examiners Board; revenue from renewal fees allocated to
R474, H4771 165
40-008-0010 through 40-008-0240, Perpetual Care Cemetery Board established, licensing and regulation of cemetery companies provided
A322, R409, H3515 93
40-019-0235, Funeral directors, embalmers; licensure procedures for out-of-state licenses
A322, R409, H3515 93
40-019-0265, Permits; requirements for obtaining funeral home, branch funeral home, retail sales outlet, and crematory provided
A322, R409, H3515 93
40-047-0097, Physician licensed in another state that is employed for a team visiting the state and only treats team members, coaches, and staff is exempt from state licensure requirements
A316, R416, H5106 90
Title 40, Chap. 08, Perpetual Care Cemetery Board established, licensing and regulation of cemetery companies provided
A322, R409, H3515 93
Title 41
41-007-0075, Right to work law, director of Labor, Licensing, and Regulation required to ensure compliance with; provisions
A357, R426, H3142 152
41-007-0100, Right to work law, civil penalties established for violating; director of Labor, Licensing, and Regulation to promulgate regulations, provisions
A357, R426, H3142 152
41-027-0235, Employment security law, employment defined to include service performed in the employ of a Native American tribe
A306, R399, S668 82
41-031-0820, Unemployment compensation premiums collected from state agencies; biennial review of Unemployment Compensation Fund; Employment Security Commission to be paid from general fund an amount to cover claims
A356, R388, H4879 138
Title 42
42-007-0210, State Accident Fund, to be paid from general fund an amount to cover claims; provisions
A356, R388, H4879 138
Title 44
44-004-0100 through 44-004-0130, Emergency Health Powers Act
A339, R428, H4416 114
44-004-0300 through 44-004-0340, Public health emergency, special powers during a state of emergency; provisions for the control of property
A339, R428, H4416 114
44-004-0500 through 44-004-0560, Public health emergency, special powers during a state of emergency; provisions for the control of persons
A339, R428, H4416 114
44-007-2910 through 44-007-2950, Nursing homes, adult daycare facilities, home health care agencies and community residential care facilities; background checks for caregivers employed by provided; provisions
A242, R294, H3145 45
44-053-0365, Controlled substances, theft of; felony offense provided for
R433, H4981 157
Title 44, Chap. 007, Art. 23, Nursing homes, adult daycare facilities, home health agencies, and residential care facilities; criminal background checks for caregivers employed by provided for; provisions
A242, R294, H3145 45
Title 44, Chap. 04, Emergency Health Powers Act
A339, R428, H4416 114
Title 46
46-001-0075, Research farm products or research equipment; universities, facilities, private entities, or federal, state, and local agencies that use or participate in; unlawful to damage or destroy; penalties
A232, R273, H3838 40
46-007-0100, Clemson University and Health and Environmental Control Department, to create certification program for owners or operators of certain animal facilities; provisions for the operation of animal waste management
A340, R432, H4944 118
46-007-0100, State Crop Commission, crop disease, pest, and terrorism; person responsible for crop production or process required to report
A339, R428, H4416 114
46-009-0035, Crop Pest Commission, licensing examinations and questions are administered by are confidential, exempt from public disclosure; provisions provided for person who fails the examination
A206, R236, S653 26
46-045-0070, Agriculture facility or operation, none to become a nuisance by changed conditions
A340, R432, H4944 118
Title 47
47-001-0075, Abandoned, ill, or injured animal; immunity from civil and criminal liability provided to person who renders emergency care without compensation to
A205, R235, S191 26
Title 48
48-023-0097, Timber buyer or operator purchasing trees, timber, or wood by the load must furnish the timber grower or seller a wood load ticket for each load of wood
A288, R365, H5060 70
48-059-0010 through 48-059-0140, Conservation Bank Act
A200, R228, S297 22
48056-0010 through 048-056-0160, Innovation in Environmental Approaches, pilot program ti be administered by Department of Health and Environmental Control
A318, R354, H4258 91
Title 48, Chap. 56, Innovation in Environmental Approaches, pilot program to be administered by Department of Health and Environmental Control
A318, R354, H4258 91
Title 48, Chap. 59, Conservation Bank Act
A200, R228, S297 22
Title 50
50-005-0032, State of emergency, Natural Resources Department authorized to close fishing seasons, areas, or activities during
A342, R443, S379 121
50-005-0366, Shrimp, person who sells or offers for sale must obtain certain documents; penalties
A342, R443, S379 121
50-005-0367, Shrimp taken over bait; unlawful to sell, offer for sale, or purchase
A342, R443, S379 121
50-005-1506, Shad, taking of; provisions for zones, methods, equipment, size, and take limits established
A342, R443, S379 121
50-005-1508, Sturgeon, taking of; provisions for zones, methods, equipment, size, and take limits established
A342, R443, S379 121
50-005-2517, Dolphin or porpoise, mammalian; unlawful to interfere with normal activity and well-being of except when authorized by federal permit
A178, R188, H3361 6
50-011-0544, Wild turkey hunters required to possess a set of wild turkey transportation tags
A210, R240, S894 28
50-011-0555, Wild turkey hunting permitted on Sunday, on private land, in Game Zone No. 4
A255, R316, S813 52
Title 53
53-003-0160, September 11 of each year designated as State Day of Remembrance; provisions
A268, R332, H4869 58
Title 56
56-003-0355, Commercial motor vehicles; to suspend, revoke, or not issue a registration card and license plate for commercial vehicle carrier who has been prohibited from operating by a federal agency
A301, R389, H4894 79
56-003-0661, Fire-hire motor vehicle carrier or property may not operate in state without a Class E license; provisions and exceptions
A301, R389, H4894 79
56-003-0662, Public Safety Department may charge a five dollar fee for each identifier; provisions
A301, R389, H4894 79
56-003-0663, Public Safety Department authorized to enter into reciprocal agreement with other regulatory agencies of states with authority over motor carriers; provisions
A301, R389, H4894 79
56-003-3310, Electronic personal assistive mobility devices (EPAMD); operation and regulation of established, penalties provided for illegal operation
A269, R334, H4954 59
56-003-3500, Penn Center special license plates
A290, R375, S1167 71
56-003-3600, South Carolina nurses special license plates provided
A290, R375, S1167 71
56-003-3800, American Legion special license plates
A354, R472, H4607 136
56-003-4410, Share the Road special license plates provided for
A264, R328, H4412 56
56-003-7300, Artificial Reef special license plates
A352, R467, H4383 135
56-003-9100, Technology Alliance special license plates issued
A237, R278, H4680 42
56-003-9200, In God We Trust special license plates provided for
A236, R277, H4652 42
56-003-9300, No More Homeless Pet, special license plates provided for
A266, R330, H4530 57
56-003-9300, United We Stand special license plates provided for
A236, R277, H4652 42
56-003-9400, Morris Island Light House special license plates
A264, R328, H4412 56
56-003-9500, God Bless America special license plates
A218, R251, H4432 32
56-003-9710, Heritage Classic Foundation special license plates provided for
A264, R328, H4412 56
56-005-2952, Challenging license suspension for refusing to submit to breath test or registering over legal alcohol limit, fee is limited to fifty dollars for requesting challenge
A235, R276, H4615 41
56-005-3900, Unlawful to transport persons under fifteen years of age in the open bed or cargo area of a pickup truck or trailer, exceptions provided
A181, R191, H3933 8
56-010-0046, Motor vehicle, notice of uninsured; person who purchases insurance after notice will be subject to regular request for proof of insurance
A324, R415, H5105 96
56-010-0610 through 56-010-0670, Motorist Insurance Identification Database Program Act
A324, R415, H5105 96
56-010-0615, Motorist Insurance Database, Division of Motor Vehicles to request proof of insurance from persons identified in; penalties for failing to respond provided
A324, R415, H5105 96
Title 56, Chap. 03, Art. 35, Motor vehicle license plates provided for Penn Center
A290, R375, S1167 71
Title 56, Chap. 03, Art. 36, South Carolina nurses special license plates provided
A290, R375, S1167 71
Title 56, Chap. 03, Art. 38, American Legion special plates
A354, R472, H4607 136
Title 56, Chap. 03, Art. 44, Share the Road special license plates provided for
A264, R328, H4412 56
Title 56, Chap. 03, Art. 62, Artificial Reef special license plates
A352, R467, H4383 135
Title 56, Chap. 03, Art. 91, Motor vehicle license plates, South Carolina Technology Alliance special plates
A237, R278, H4680 42
Title 56, Chap. 03, Art. 92, In God We Trust special license plates provided for
A236, R277, H4652 42
Title 56, Chap. 03, Art. 93, Project Pet special license plates issued
A266, R330, H4530 57
Title 56, Chap. 03, Art. 93, United We Stand special license plates provided for
A236, R277, H4652 42
Title 56, Chap. 03, Art. 94, Morris Island Light House special license plates
A264, R328, H4412 56
Title 56, Chap. 03, Art. 95, God Bless America special license plates
A218, R251, H4432 32
Title 56, Chap. 03, Art. 97, Heritage Classic Foundation special license plates provided for
A264, R328, H4412 56
Title 56, Chap. 05, Art. 26, Electronic personal assistive mobility devices (EPAMD), operation and regulation of; penalties provided for illegal operation of
A269, R334, H4954 59
Title 56, Chap. 10, Art. 07, Motorist Insurance Identification Database Program Act
A324, R415, H5105 96
Title 57
57-005-0195, Bob Harrell Bridge and Interchange named in Charleston County
A233, R274, H3867 40
Title 58
58-009-2600 through 58-009-2650, Government-owned telecommunications service providers, taxation and regulation of; provisions
R441, S290 160
Title 58, Chap. 09, Art. 23, Government-owned telecommunications service providers, regulation and taxation of; operational provisions provided
R441, S290 160
Title 59
59-001-0441, 59-001-0442, Student-Led Message Act, governing body of school board or district authorized to permit policy for brief opening or closing message at high school graduation or athletic event
A331, R473, H4683 104
59-001-0455, Education Improvement Act, lapsed funds must be distributed to school districts for school funding; EIA funds exempt for teacher salaries; provisions
A356, R388, H4879 138
59-001-0460, Released Time for Religious Education Act; school students may be excused from class to attend off-campus religious instruction
A241, R293, H3048 44
59-001-0525, Schoolwide Grant Program for students in K-5 provided for from lottery appropriations; Budget Proviso Codification Act
A356, R388, H4879 138
59-002-0085, College Investment Program, state employees may contribute to through payroll deductions; Treasurer to establish a program for employees of private entities to contribute through deductions
A334, R445, S852 107
59-005-0071, Annual school term, State Board of Education to establish task force to recommend uniform beginning date for
A356, R388, H4879 138
59-029-0035, Home School Awareness Week established
A276, R351, H3174 63
59-040-0200, Charter School Act of 1996, provision of found unconstitutional; remaining provisions will not be affected; severability
A265, R329, H4419 57
59-053-1610, Aiken County Technical and Comprehensive Education Commission
A292, R377, H3473 72
59-063-0070, High school league sport season, except football; student while member of school team may participate may participate on a team independent of the school
A321, R404, S1157 92
59-063-0275, Hazing, defined; prohibited at all public education institutions
A310, R407, H3309 85
59-065-0046, Home schooling, foster parent may teach foster child at home if approved by Social Services Department or agency having custody of child
A276, R351, H3174 63
59-101-0285, Higher learning institutions, governing bodies of; members required to attend at least two-thirds of meetings during the calendar year, provisions for filling a vacancy provided
A250, R291, S892 49
59-101-0290, Higher learning institutions required to inform students of the health risk of contracting meningitis and hepatitis B while living on campus; provisions, institutions may elect to participate
A317, R417, H5133 90
59-101-0345, Need-based grants and Palmetto Fellows Scholarship Program; Commission on Higher Education has authority to reallocate remaining funds, need-based allocated first and must go to children under custody of Social Services
A356, R388, H4879 138
59-101-0395, Active military duty, students called to, who are enrolled in institution of higher learning, entitled to refund of tuition and fees
A330, R471, H4481 103
59-103-0055, Higher Education Commission, state-supported and independent four-year colleges; equal representation on all commissions, councils, committees of dealing with higher education
A356, R388, H4879 138
59-103-0162, Higher Education Commission must review S.C. Manufacturers Extension Partnership and make recommendations to the General Assembly; provisions
A356, R388, H4879 138
59-103-0200, Higher Education Commission, members of may remove certain records from collections by gift, to another public or nonprofit institution, or by sale at public auction
A356, R388, H4879 138
59-105-0010 through 59-105-0060, Campus Sexual Assault Information Act
A310, R407, H3309 85
59-106-0010 through 59-106-0030, Campus Sex Crimes Prevention Act
A310, R407, H3309 85
59-112-0110, University of South Carolina’s Aiken Campus, and Aiken Technical College may grant in-state tuition to residents of Richmond and Columbia Counties in Georgia
A356, R388, H4879 138
59-133-0060, Francis Marion University Trustees may enter into ground lease agreements with a private entity for on-campus student housing facilities; terms, conditions, approval of
A227, R263, S868 37
59-150-0075, Lottery Commission, authorized to enter a multi-state agreement; Budget Proviso Codification Act
A356, R388, H4879 138
59-150-0355, Lottery appropriations for fiscal year 2002-2003, Budget Provision Codification Act
A356, R388, H4879 138
Title 59, Chap. 053, Art. 19, Aiken County Technical and Comprehensive Education Commission
A292, R377, H3473 72
Title 59, Chap. 105, Campus Sexual Assault Information Act
A310, R407, H3309 85
Title 59, Chap. 106, Campus Sex Crimes Prevention Act
A310, R407, H3309 85
Title 61
61-006-1035, Alcohol, wine, cordial or other spirits that contain over fourteen percent alcohol by volume may be sampled in retail alcoholic liquor stores
A335, R447, S1047 111
61-006-1560, Alcoholic and nonalcoholic items; retail dealer, wholesaler, or producer may offer discounts on through premiums, coupons, or stamps redeemable by mail
A335, R447, S1047 111
CODE SECTIONS OF 1976 AMENDED, SUSPENDED OR REDESIGNATED
Title 01
01-001-1020, State Treasurer, references to installment loans deleted; authorized to provide financing arrangements to entities of the State under the master lease program; provisions
A286, R363, H4998 69
01-003-0420, Governor, proclamation of emergency by; public health emergency included
A339, R428, H4416 114
01-005-0040, Secretary of State to maintain as public record information received from state boards and commissions concerning their memberships
A182, R193, H4475 10
01-011-0055, Leasing of real property for governmental bodies, technical changes regarding the establishment of the office of Legislative Printing, Information and Technology Systems
A333, R431, H4676 106
A356, R388, H4879 138
01-011-0250, Motor Vehicle Management Council, definition of deleted
A311, R408, H3324 86
01-011-0260, Motor Vehicle Management Council, references to deleted
A311, R408, H3324 86
01-023-0110, 01-023-0120, Regulations, state agencies required to provide certain information when submitted; provisions
A231, R272, H3706 40
Title 02
02-003-0075, Establishment of the office of Legislative Printing, Information and Technology Systems
A333, R431, H4676 106
A356, R388, H4879 138
02-003-0170, House of Representatives, employees and officers of; Speaker must authorize base-pay increases, merit pay and bonuses
A356, R388, H4879 138
02-007-0080, Statewide acts, only one copy of must be supplied to each county clerk of court and each county governing body
A356, R388, H4879 138
02-013-0060, Duties of the Code Commissioner, technical changes regarding the establishment of the office of Legislative Printing, Information and Technology Systems
A333, R431, H4676 106
A356, R388, H4879 138
02-013-0180, Publication of advance sheets of statutes, technical changes regarding the establishment of the office of Legislative Printing, Information and Technology Systems
A333, R431, H4676 106
A356, R388, H4879 138
02-013-0190, Printing in signatures and distribution of page proofs by Code Commissioner, technical changes regarding the establishment of the office of Legislative Printing, Information and Technology Systems
A333, R431, H4676 106
A356, R388, H4879 138
02-013-0200, Sale of signatures and disposition of proceeds from advance sheets, technical changes regarding the establishment of the office of Legislative Printing, Information and Technology Systems
A333, R431, H4676 106
A356, R388, H4879 138
02-013-0210, Publication of complete annual Acts and Joint Resolutions, technical changes regarding the establishment of the office of Legislative Printing, Information and Technology Systems
A333, R431, H4676 106
A356, R388, H4879 138
02-015-0120, Legislative Audit Council, audit records and working papers are confidential at all times
A244, R297, H3436 46
02-047-0055, Annual Permanent Improvement Program, name changed to Comprehensive Permanent Plan, which will serve as an agency outline for the next five years
R475, H4835 166
02-066-0010, Jean Laney Harris Folk Heritage Award, state and private funds may be used in an amount not to exceed two thousand dollars a year to cover expenses associated with presentation of
A208, R238, S869 27
Title 04
04-009-0150, County records, audit of; copy of report must be filed with Comptroller General on time or funds due must be withheld pending a copy of the report
A356, R388, H4879 138
04-010-0330, 04-010-0340, Capital projects sales tax, revenue to be used to pay debt service on bonds issued to fund approved projects, referendum and reporting requirements
A334, R445, S852 107
04-010-0360, Capital projects sales tax, revenue to be used to pay debt service on bonds issued to fund approved projects, referendum and reporting requirements
A334, R445, S852 107
04-012-0030, Fee in lieu of taxes, additional extensions for completing of projects and extensions for filing required returns provided
A334, R445, S852 107
04-012-0030, Fee in lieu of taxes, eligibility investment thresholds to include amounts expended for costs incurred pursuant to Brownfields Voluntary Cleanup Program; provisions
A280, R356, H4548 65
04-029-0067, Fee in lieu of taxes, agreements implementing fee; additional information provided to implement and duties of auditor provided; extensions provided for completion of projects
A334, R445, S852 107
04-029-0067, Fee in lieu of taxes, eligibility investment thresholds to include amounts expended for costs incurred pursuant to Brownfields Voluntary Cleanup Program; provisions
A280, R356, H4548 65
Title 05
05-007-0300, Delinquent tax sale to collect municipal taxes held in conjunction with delinquent tax sale to collect county taxes may take place at public place in county instead of municipality
A179, R189, H3633 7
Title 06
06-001-0530, Accommodations tax, local; certain revenue from to be used for tourism-related lands and water access
A312, R410, H3851 87
06-004-0005, Local accommodations tax, references to the Tax Oversight Committee and definition of tourist deleted
A312, R410, H3851 87
06-004-0025, Advisory committees of accommodation revenue; appointment to by municipality or county receiving more than fifty thousand dollars required
A312, R410, H3851 87
06-009-0060, Building Codes Council, modular building industry representative and code enforcement officer added to membership; all members are voting members; call of meetings provided
A173, R182, S45 4
Title 07
07-007-0110, Beaufort County, certain voting precincts redesignated
A177, R186, S902 6
07-007-0160, Cherokee County, voting precincts
A223, R258, H4982 34
07-007-0220, Dillon County, polling places for precincts to be established by Dillon County Election Commission and approved by majority of county legislative delegation
A180, R190, H3806 8
07-007-0320, Horry County, certain voting precincts redesignated
A170, R172, H4272 3
07-007-0360, Laurens County, certain voting precincts redesignated
A191, R211, H4567 16
07-007-0380, Lexington County, voting precincts
A239, R282, H5005 43
07-007-0420, Newberry County, voting precincts
A355, R481, H5321 137
07-007-0440, Orangeburg County; certain voting precincts renamed and map number redesignated
A249, R290, S1240 48
07-007-0465, Richland County, certain voting precincts redesignated
A186, R203, S520 13
A221, R256, H4794 33
07-007-0501, Sumter County, certain voting precincts redesignated
A168, R169, S773 2
07-011-0015, Candidates, circumstances when a name may not appear on the ballot provided
R421, S65 155
07-013-0190, Special elections, conditions when a special election to fill vacancies are not required
R421, S65 155
07-013-0350, President and Vice President, candidates for; certification dates revised
R421, S65 155
07-017-0010, Canvassers, county board of; board to meet on the Friday after the election
A261, R324, H3868 55
Title 08
08-011-0015, State agencies may use alternate work locations and scheduling, including telecommuting
A356, R388, H4879 138
08-011-0170, Dual employment, timely payment for state employee
A356, R388, H4879 138
08-011-0620, Police Officers Retirement System, no lump sum payment for accrued annual leave may be paid if retiree hired by state agency
A356, R388, H4879 138
08-017-0370, Employee grievance procedures, exemption from further provided for educational faculty and employees of state-supported colleges and universities
A171, R181, H4392 3
08-017-0370, Employee grievance procedures, retired member of Police Officers Retirement System who is hired by state agency, exempt from
A356, R388, H4879 138
08-017-0370, Technical college system, presidents and employees exempt from State Grievance Procedure
A171, R181, H4392 3
08-021-0310, County clerks of court, register of deeds and treasurers, schedule of fees collected by, uniform fee increase provided
A329, R470, H4431 102
Title 09
09-009-0060, General Assembly Retirement System, member who attains age of seventy and has thirty years of service may receive benefits
A334, R445, S852 107
09-011-0090, Police Officers Retirement System, earnings limitation eliminated for member hired in a position covered by state retirement system; interval before retired member may return to covered employment
A356, R388, H4879 138
Title 11
11-001-0120, Payment bonds, to prohibit the state, a political subdivision, or other public entity from requiring that a bond be furnished by a particular surety company or through a particular agent or broker
A253, R310, H4823 50
11-009-0085, Deed recording, to provide for method of calculation on an accrual basis
A356, R388, H4879 138
11-009-0820, Board of Economic Advisors, Director of Department of Revenue to serve ex-officio; Board considered public body under Freedom of Information Act; Department of Commerce and Revenue to provide reports
A356, R388, H4879 138
11-013-0060, Federal Deposit Insurance Limit, letters of credit allowed as security for funds deposited into banks or saving and loan associations by the State Treasurer
A211, R242, S999 29
11-035-0310, Definitions used in the Procurement Code, technical changes regarding the establishment of the office of Legislative Printing, Information and Technology Systems
A333, R431, H4676 106
A356, R388, H4879 138
11-035-1524, Consolidated Procurement Code; solicitation, bid, offer, or procurement of a motor vehicle provided
A333, R431, H4676 106
A356, R388, H4879 138
11-035-3030, Bid and performance bonds, to prohibit the state, a political subdivision, or other public entity from requiring that a bond be furnished by a particular surety company or through a particular agent or broker
A253, R310, H4823 50
Title 12
12-004-0580, Revenue Department’s authority to contract for the collection of debt; reference to private institution as a governmental entity deleted
R466, H4337 164
12-006-0040, Income Tax Act, provisions adopted to conform with the Internal Revenue Code of 1986
A220, R255, H4695 33
12-006-1130, Income Tax Act, modifications for federal deductions made; reference corrected
A334, R445, S852 107
R466, H4337 164
12-006-1140, Income tax deduction provided for contributors to Tuition Prepayment Program
A334, R445, S852 107
R466, H4337 164
12-006-3360, Jobs tax credit, additional one thousand dollar credit for jobs created pursuant to the Brownfields Voluntary Cleanup Program
A280, R356, H4548 65
12-006-3360, Jobs tax credit, designations of “distressed county”, provisions regarding
A332, R422, S886 105
12-006-3470, Employer credit, provisions conformed to the new category of”distressed county”
A332, R422, S886 105
12-006-3910, Estimated tax payments, calendar year corporations; first quarter due date changed, inclusion of license fees in payments authorized
A334, R445, S852 107
R466, H4337 164
12-006-4980, Tax returns, extensions; requirement of corporate taxpayer to file seperately with the Revenue Department deleted
A334, R445, S852 107
R466, H4337 164
12-010-0080, 12-010-0081, Job development credit, provisions conformed to the new category of “distressed county”
A332, R422, S886 105
12-010-0080, Job development fees and credits, additional qualified expenditures against which to claim credits provided
A334, R445, S852 107
12-010-0085, State rural infrastructure funds, to conform the use of to the “distressed county” designation
A332, R422, S886 105
12-016-0020, Estate Tax Act, order in which federal estate tax credits applied provided for determination of state estate tax liability
A217, R250, H3663 32
12-020-0020, Annual reports, corporate extensions to file; technical correction made
A334, R445, S852 107
R466, H4337 164
12-021-3920, Bingo, definitions of promoter and session revised
A334, R445, S852 107
12-021-3950, Bingo promoter’s license, Revenue Department’s time to approve or reject application for increased
A334, R445, S852 107
12-021-3990, Bingo, paying less that face value prohibited; specific announcement of prizes required
A334, R445, S852 107
12-021-4000, Bingo procedures, limit on gross proceeds may be a quarterly average; separate offense clarified for unpaid taxes, provisions to allow promotions of special events
A334, R445, S852 107
12-021-4020, Bingo license, Class B licensee may conduct five games a week
A334, R445, S852 107
12-021-4080, 12-021-4090, Bingo bank accounts, session deposits and deposit of loan proceeds to cover deficit allowed
A334, R445, S852 107
12-021-4120, Bingo organizations allowed conference following a violation; advising of rules or acts constituting violations allowed
A334, R445, S852 107
12-021-4210, Bingo cards, sale or transfer; return of papers for credit against outstanding voucher allowed
A334, R445, S852 107
12-021-4270, Bingo cards, may pay by check or cash to obtain; promoter or organization to make payment by certified funds following returned check
A334, R445, S852 107
12-028-2730, Gasoline tax used for creation of special water recreational resources fund within Department of Natural Resources
A187, R205, S856 13
12-028-2740, Bid and performance bonds, to prohibit the state, a political subdivision, or other public entity from requiring that a bond be furnished by a particular surety company or through a particular agent or broker
A253, R310, H4823 50
12-028-2740, Gasoline tax revenues, “C” funds; Transportation Department shall administer all funds expended on state highway system; exceptions and provisions for counties administering their own “C” funds
A293, R378, H3640 73
12-036-0910, Use tax on wireless calling arrangements clarified; date revised for sourcing mobile telecommunication services
A334, R445, S852 107
12-036-1310, Mobile telecommunications, date of sourcing revised
A334, R445, S852 107
12-036-2120, Copies of or access to legislation or other informational documents provided to the public by a legislative agency are sales tax exempt
A356, R388, H4879 138
12-037-0220, County tax exemption for five years on property subject to nonresponsible party voluntary clean-up contract for which certificate of completion has been issued by Department of Health and Environmental Control
A280, R356, H4548 65
12-037-0220, Property tax exemptions, nonprofit housing corporations and their instrumentalities; exemption and qualification for provided
A334, R445, S852 107
12-037-0252, Homestead exemption, personal representative of estate of deceased taxpayer is deemed the agent; refund may be claimed in certain circumstances beginning after 2000
A297, R383, H4386 76
12-043-0220, Property tax assessment ratio, four percent ratio for owner-occupied residential property
A334, R445, S852 107
12-043-0220, Property tax, primary residence subject to vacation rental of no more than ninety days; qualifies for four percent tax assessment
A336, R456, H3601 112
12-044-0030, Fee in lieu of taxes, eligibility investment thresholds to include amounts expended for costs incurred pursuant to Brownfields Voluntary Cleanup Program; provisions
A280, R356, H4548 65
12-044-0030, Fee in lieu of taxes, investment period extension increased from two to five years
A334, R445, S852 107
12-044-0090, Fee in lieu of taxes, Revenue Department may grant maximum sixty-day extension for filing returns and provide requirements to obtain extensions
A334, R445, S852 107
12-054-0055, Underpayment of declaration of estimated tax; duplicative provisions deleted
A334, R445, S852 107
R466, H4337 164
12-054-0195, Sale and use, local or state; penalty provided for responsible person who fails to remit tax to the Department of Revenue
A334, R445, S852 107
12-054-0250, Revenue Department, authorized to require immediate payment on certain available funds
R466, H4337 164
12-056-0020, Set-off debt collection, “claimant agency”; definition extended to states, political subdivisions of, and the U.S.
A334, R445, S852 107
12-060-2510, Property tax assessment, notices must be mailed by October 1 of every year instead of February 1; notice of objection may be filed within ninety days instead of thirty
A271, R343, S1005 59
Title 13
13-017-0010, Research Authority, principal office not required to be located in Columbia
A172, R171, H3653 3
13-017-0040, Research Authority, Board of Trustees; chairman to determine when and where regular meetings to be held
A172, R171, H3653 3
13-017-0060, Research Authority, Technical Advisory Board; chairman to determine when and where regular meetings to be held
A172, R171, H3653 3
Title 14
14-001-0204, Civil actions, filing fee for complaints or petitions; fee increased, distribution of revenue recalculated
A329, R470, H4431 102
14-007-1630, Grand jury system, jurisdiction revised to include computer crimes and terrorism; terrorism defined
A339, R428, H4416 114
Title 15
15-003-0020, Civil actions, provisions regarding commencement of
A281, R357, H4656 66
15-049-0020, Name change petitions, person seeking required to be fingerprinted, meet certain requirements,and have criminal and certain records searched, exceptions; court to conduct hearing on petition
A346, R427, H3906 129
15-051-0042, Estates, wrongful death or survival actions; provisions for the administration of an estate
R464, H4154 163
15-078-0080, Tort Claims Act, requirement deleted that a claim be verified
R302, H4435 154
15-078-0120, Tort Claims Act, requirement deleted that a claim be verified
R302, H4435 154
Title 16
16-001-0060, Abuse or neglect of vulnerable adult that results in great bodily injury or death are considered violent crimes
A176, R185, S478 5
16-003-0020, Former law enforcement, corrections and certain former corrections officers, federal, state, or local; murder of is a statutory aggravated offense; term corrections officer substituted for corrections employee
A224, R260, S182 35
16-003-0020, Life imprisonment means until the death of defendant without possibility of parole, judge to charge jury in instructions upon request in death penalty trial
A278, R353, H3819 64
16-003-0510, Hazing, unlawful; organizations and entities that apply to revised
A310, R407, H3309 85
16-003-1750, Restraining orders, court may not charge fee for filing complaint and motion for order against person engaged in harassment or stalking
A175, R184, S134 5
16-007-0010, State of emergency, illegal acts during; misleading use of an emergency to raise money included
A339, R428, H4416 114
16-008-0010, Destructive devices, teaching the use of or construction of; weapons of mass destruction included
A339, R428, H4416 114
16-011-0110, Arson, technical change made; term “damage” defined
A224, R260, S182 35
16-013-0015, Falsifying/altering of high school/GED diplomas and transcripts, penalties
A219, R252, H4455 33
16-016-0010, 16-016-0020, Computer Abuse Act of 2002; revised definitions contained in the Computer Crime Act; computer contaminant defined and penalties provided for offenses relating to
A169, R170, H3539 2
16-016-0010, Computer crimes; computer, computer hacking, and computer containment further defined
A339, R428, H4416 114
16-016-0020, Computer crime offenses, separate penalties provided; provisions for first degree penalty
A339, R428, H4416 114
16-016-0025, Computer crime offenses, civil remedies for; attorney’s fees provided
A339, R428, H4416 114
16-016-0030, Computer Abuse Act of 2002; technical changes made regarding the venue for actions brought pursuant to the Computer Crime Act
A169, R170, H3539 2
16-016-0030, Computer crime offenses; technical changes made
A339, R428, H4416 114
16-023-0420, Firearms, person with concealed weapon permit may carry in any property of an interstate rest area; technical changes made
A274, R349, H3010 61
16-023-0465, Unlawful carrying of pistol or firearm on premises of retail establishments selling alcoholic beverages, revisions to particulars of offense
A274, R349, H3010 61
16-023-0710 through 16-023-0780, Weapons of mass destruction and terrorism further defined, penalties increased; local law enforcement officers who encounter must report to SLED
A339, R428, H4416 114
16-025-0070, Criminal domestic violence case, evidence; circumstances when evidence is admissible specified
A329, R470, H4431 102
Title 16, Chap.23, Art. 07, Weapons of mass destruction and terrorism further defined, penalties increased; local law enforcement officer who encounters must report occurrence to SLED
A339, R428, H4416 114
Title 17
17-005-0560, Cause of death on death certificate by medical examiner, coroner, deputy coroner or deputy medical examiner; technical changes made, definitions for sign, signed and signature provided
A272, R345, S1023 60
17-024-0040, Defendant hospitalized on grounds of not guilty by reason of insanity may not leave hospital premises unless hospital employee physically present with
A348, R452, H3049 130
17-025-0045, Abuse or neglect of vulnerable adult resulting in death or great bodily injury considered most serious offense and serious offense respectively; both offenses considered violent crimes
A176, R185, S478 5
17-025-0324, Restitution center beds, Probation, Parole and Pardon Services no longer required to maintain twelve for every two thousand five hundred offenders
A356, R388, H4879 138
Title 20
20-003-0130, Alimony, court-ordered; may be terminated upon continued cohabitation of supported spouse, provisions
A328, R460, H3823 101
20-003-0150, Alimony, court-ordered; may be terminated upon continued cohabitation of supported spouse, provisions
A328, R460, H3823 101
20-004-0030, Order of protection from domestic abuse, may be brought in the county in which alleged abuse occurred; provisions
A329, R470, H4431 102
20-004-0050, Order of protection from domestic abuse, hearings allowed to be scheduled in any county in the judicial circuit
A329, R470, H4431 102
20-007-0150, Uniform Gifts to Minors Act, required age of distribution is twenty-one; provisions for distribution at eighteen provided
R464, H4154 163
20-007-0190, Guardians; custodian expenses, bonds, and liabilities; custodian may receive reasonable compensation from custodial property; provisions
R464, H4154 163
20-007-0210, Successor custodian, designation of; technical changes made
R464, H4154 163
20-007-0420, Guardian ad litem, appointments of are in actions pertaining to custody or visitation
R442, S322 161
20-007-0490, Stephanie’s Law, certain definitions related to child abuse and neglect revised
A325, R437, S1208 98
R463, H4094 162
20-007-0510, Stephanie’s Law; Social Services Department to keep a record of all previous child abuse or neglect reports that have been made including reports that have not been investigated
A325, R437, S1208 98
R463, H4094 162
20-007-0650, Stephanie’s Law, all child abuse and neglect cases to be classified
A325, R437, S1208 98
R463, H4094 162
20-007-0655, Stephanie’s Law, child protective services appeal, committee process; provisions revised
A325, R437, S1208 98
20-007-0670, Stephanie’s Law, Social Services Department authorized to receive and investigate child abuse and neglect reports with in child day care facilities; investigations further provided for
A325, R437, S1208 98
R463, H4094 162
20-007-0680, Stephanie’s Law, child abuse and neglect, provisions regarding the registry
A325, R437, S1208 98
20-007-0690, Childcare, term used to replace “child day care” and “daycare”
R463, H4094 162
20-007-1440, Spouse or dependent child; fees, costs, and allowances charged in certain action of support for increased; revenue must be remitted according to provisions
A329, R470, H4431 102
20-007-1545 through 20-007-1557, Private Guardian Ad Litem Act
R442, S322 161
20-007-1555, Redesignated as 20-7-1525
R442, S322 161
20-007-1557, Redesignated as 20-7-1535
R442, S322 161
20-007-1570, Guardian ad litem who is not an attorney, counsel must be appointed in a case that is contested
A345, R423, S1249 128
20-007-1690, Adoption, court may approve an adoption without approving unreasonable fees and costs
A345, R423, S1249 128
20-007-1700, Adoption, giving of consent or relinquishment for an adoption relieves a person of all rights and obligations including future child support obligations
A345, R423, S1249 128
20-007-1770, Adoption, final decree is not affected by a previous agreement between the adoptive and biological parents concerning visitation, communication, or other interactions
A345, R423, S1249 128
20-007-2275, Childcare, term used to replace “child day care” and “daycare”
R463, H4094 162
20-007-9710, Childcare, term used to replace “child day care” and “daycare”
R463, H4094 162
Title 20, Chap. 07, Art. 11, Subart. 01, Renamed Special Custody and Visitation Provisions
R442, S322 161
Title 20, Chap. 07, Art. 11, Subart. 02, Private Guardian Ad Litem Reform Act
R442, S322 161
Title 20, Chap. 07, Art. 13, Subart. 11, Childcare, term used to replace “child day care” and “daycare”
R463, H4094 162
Title 22
22-003-0010, Magistrates, civil jurisdiction of; to have concurrent jurisdiction of interpleader actions filed over claims of disputed real estate earnest money when dispute doesn’t exceed jurisdictional limit of
A184, R200, H3107 11
22-005-0530, Person held in jail or detention facility who is entitled to deposit money in lieu of recognizance may be immediately released by paying the sum of money provided; money to be paid to the judge by the facility
A295, R380, H3905 74
Title 23
23-003-0460, Sex offender registration; people enrolled at, employed, or carrying on a vocation at a Higher Education Institution required to provide written notice of change in status
A310, R407, H3309 85
23-006-0430, Law enforcement officer candidates, period of time in which must obtain certification extended in certain circumstances
A298, R384, H4514 77
23-009-0190, Emergency worker, volunteer; based point system for; HAZMAT members included in
R466, H4337 164
23-019-0020, Contract for housing of federal prisoners committed to a county jail by the federal courts, contractual procedure and fee revisions; provisions
A283, R360, H4757 67
23-031-0210, Law Abiding Self-Defense Act of 1996, definition of resident revised
A274, R349, H3010 61
23-031-0215, Concealable weapons permits, reduce the number of photographs of an applicant that must be submitted with initial and renewal application; may not carry concealable weapon into a church or sanctuary, exception
A274, R349, H3010 61
23-031-0235, Concealable weapons, posted signs prohibiting; size, content, and placement requirements revised
A274, R349, H3010 61
23-049-0020, Emergency Preparedness Division, name changed to Emergency Management Division
A190, R210, H4485 16
23-049-0030, Emergency Preparedness Division, name changed to Emergency Management Division
A190, R210, H4485 16
23-049-0060, Emergency Preparedness Division, name changed to Emergency Management Division
A190, R210, H4485 16
Title 24
24-013-0470, Felony violation for detainee, person taken into custody, or a person under arrest that throws body fluids on state, local law enforcement or correction officer or visitor; person convicted may be tested for diseases
A238, R280, H4728 42
24-021-0490, Restitution fees, collection of by the Probation, Pardon and Parole Department, expenditure and carry forward of
A356, R388, H4879 138
Title 25
25-001-0420, Emergency Management Division, urban search and recovery team abolished
A348, R452, H3049 130
25-001-0420, Emergency Management Division, urban search and recovery team established
A339, R428, H4416 114
25-001-0420, Emergency Preparedness Division, name changed to Emergency Management Division
A190, R210, H4485 16
25-001-0430, Emergency Preparedness Division, name changed to Emergency Management Division
A190, R210, H4485 16
25-001-0440, Governor, powers of during an emergency; Public Health Emergency Plan Committee created to advise on public health emergencies
A339, R428, H4416 114
25-021-0020, Board of Trustees for the Veterans’ Trust Fund of South Carolina, to be composed of nineteen members; membership requirements and terms
A167, R168, S610 1
Title 26
26-006-0445, Law enforcement officer, retired, state or federal; must meet certain qualifications to be a certified law enforcement officer
A298, R384, H4514 77
Title 27
27-007-0040, Joint tenancy, when joint tenants join in encumbrance the real estate is encumbered
R464, H4154 163
27-007-2700 through 27-007-3098, Childcare, term used to replace “child day care” and “daycare”
R463, H4094 162
Title 29
29-006-0250, Labor and material payment bond required by governmental body, technical changes regarding the establishment of the office of Legislative Printing, Information and Technology Systems; archaic references deleted
A333, R431, H4676 106
A356, R388, H4879 138
29-006-0250, Labor and material payment bonds, to prohibit the state, political subdivision, or other public entity from requiring that a bond be furnished by a particular surety company or through a particular agent or broker
A253, R310, H4823 50
Title 30
30-004-0010 through 30-004-0100, Freedom of Information Act, access to information regarding protections of safeguards and off-site consequences analysis; regulation by agency directors provided
A339, R428, H4416 114
30-004-0020, Freedom of Information, information regarding security of a public body is not open to the public
A339, R428, H4416 114
30-004-0040, Freedom of Information, autopsy documents and reports exempt from disclosure requirements
A350, R458, H3668 134
30-004-0160 through 30-004-0165, Freedom of Information Act, access to information regarding protections of safeguards and off-site consequences analysis; regulation by agency directors provided
A339, R428, H4416 114
Title 30, Chap. 04, Freedom of Information Act; access to information regarding protections of safeguards and off-site consequences analysis, regulation by agency directors provided
A339, R428, H4416 114
Title 31
31-006-0030, Tax increment financing, redevelopment may be located outside of area if municipality finds beneficial to redevelopment project area and if it is located within municipal limits
A207, R237, S675 27
31-006-0070, 31-006-0080, Tax increment financing, redevelopment projects; period within which municipality may issue obligations to finance lengthened; provisions for muni. when redevelopment project outside of project area
A207, R237, S675 27
Title 33
33-056-0120, Charitable solicitation, misrepresentation in connection with an emergency is unlawful
A339, R428, H4416 114
Title 34
34-011-0070, Checks, fraudulent; service charge on checks of one hundred dollars or less increased to thirty dollars
A291, R376, H3286 72
34-019-0120, Lockbox, to facilitate access to obtain power of attorney conditioned on verified document
R464, H4154 163
34-029-0160, Insurance; security and borrower, technical corrections made
A228, R264, S982 37
Title 36
36-009-0109, Commercial Code-secured transactions, transfer provisions inapplicable by a government or a governmental unit; South Carolina reporter’s comment in regards to the amendment added
A192, R222, H4682 17
36-009-0525, Commercial Code, records; fees charged for filing and indexing in accordance with, fee recalculated to assess
A329, R470, H4431 102
Title 38
38-001-0020, Definition of “exempt commercial policies”
A300, R387, H4852 79
38-001-0020, Insurance agents, certain terms redefined to conform provisions to insurance producers
A323, R411, H4096 95
38-005-0030, Insurance and insurers; title insurance not included in definition of multiple line insurance
A228, R264, S982 37
38-021-0170, 38-021-0270, Insurers, dividends and distributions; earn surplus requirement deleted
A228, R264, S982 37
38-027-0050, Insurance, special purpose reinsurance vehicles; included in definition of a person
A228, R264, S982 37
38-033-0280, Health maintenance organizations, subject to Insurance Holding Company Regulatory Act
A228, R264, S982 37
38-043-0010 through 38-043-0260, Insurance producers and agencies; uniform standard for performing duties of insurance producer established, detailed provisions
A323, R411, H4096 95
38-043-0020, Motor vehicle rental companies authorized to issue insurance; acting agent for company is considered a limited insurance licensee and agent’s license not required
A196, R217, H3822 19
38-043-0106, Technical correction, advisory board members; South Carolina Association of Life Underwriters name changed to South Carolina Insurance and Financial Advisors
A199, R220, H4430 22
38-043-0106, Technical correction, advisory board members; the Association of Professional Insurance Agents named changed to the Professional Insurance Agents of South Carolina
A199, R220, H4430 22
38-043-0410 through 38-043-0480, Insurance producers, advancing of premiums by
A323, R411, H4096 95
38-044-0050, Insurance, MGA; insurer examination and review of, technical changes
A228, R264, S982 37
38-045-0110, Insurance, eligible surplus line insurers; language clarified
A228, R264, S982 37
38-053-0070, Judgment of forfeiture, remission against a defendant or his surety; provisions for fee a surety must pay the court
A329, R470, H4431 102
38-055-0330, Preneed funeral contracts, provisions requiring verification by State Board of Funeral Service deleted; certain temporary provisions provided
A313, R412, H4180 87
38-071-0760, Insurance, group accident and health; extension of liability; health maintenance organizations included in; provisions
A228, R264, S982 37
38-071-0880, Insurance, surgical and mental health benefits; deadline extended for benefits and services
A228, R264, S982 37
38-073-0040, Uninsured motorist premium, disposition of; fee increased, distribution of fee revised
A324, R415, H5105 96
38-073-0340, Requirement of insurers to file rates, rating schedules, and plans; to exempt commercial policies from rate filing requirement
A300, R387, H4852 79
38-073-0520, Requirement of insurers to file rates, rating schedules, and plans; to exempt commercial policies from this requirement
A300, R387, H4852 79
38-074-0010, Health insurance pool; health insurance and individual market defined
A240, R284, S1020 43
38-074-0030, Medicare supplement, health insurance coverage extended to individuals under 65 that are eligible for medicare because of a disability
A240, R284, S1020 43
38-074-0060, Major medical expense coverage, coverage extended for individuals under 65 that are eligible for medicare because of a disability
A240, R284, S1020 43
38-074-0080, Health insurance pool, assessment for members of; formula for each member’s tax credit provided
A240, R284, S1020 43
38-075-0470, Emergency Preparedness Division, name changed to Emergency Management Division
A190, R210, H4485 16
38-090-0010, Insurance; language conformed to be more consistent with chapter 90 of this title
A228, R264, S982 37
38-090-0010, Special purpose captive insurance company; defined
A188, R208, S965 14
38-090-0020, Captive insurance companies; licensing of; provisions to apply
A228, R264, S982 37
38-090-0020, Special purpose captive insurance companies, may only insure risk of its parent companies, affiliated companies, unaffiliated control businesses or a combination of
A188, R208, S965 14
38-090-0040, Special purpose captive insurance companies, capitalization of; director of the Department of Insurance to determine amount of unimpaired capital must possess to be licensed, provisions
A188, R208, S965 14
38-090-0050, Special purpose captive insurance companies, director of the Department of Insurance to determine amount of free surplus that must possess to be licensed; provisions
A188, R208, S965 14
38-090-0070, Captive insurance companies, reports from; contents of clarified
A228, R264, S982 37
38-090-0100, Insurance; industrial insured captive insurance company; to abide by investment requirements of chapter 90 of this title
A228, R264, S982 37
38-090-0140, Captive insurance companies, aggregate taxes paid by; company allowed to pay minimum premium tax on a prorated schedule in their first operating year
A188, R208, S965 14
38-090-0160, Special purpose captive insurance companies, director of Department of Insurance allowed to exempt certain from provisions of Chap. 90 of Title 38 if deems appropriate
A188, R208, S965 14
38-091-0010, Insurance, Joint Underwriting Association; date to accept businesses extended
A228, R264, S982 37
Title 38, Chap. 43, Insurance producers and agencies; detailed provisions
A323, R411, H4096 95
Title 39
39-015-1110, Marks or trade names, certain may not be registered if previously used by another in this state
A279, R355, H4303 64
39-024-0040, Prescription drugs, generic forms; pharmacist authorized to maintain records electronically
A314, R413, H4909 88
Title 40
40-003-0020, Emeritus architect and retired from active practice defined
R474, H4771 165
40-003-0230, Canadian Architectural Certification Board included as an accrediting body of schools and programs for architects
R474, H4771 165
40-003-0250, Emeritus architects, exempt from continuing education requirements; requirements provided for returning to active practice
R474, H4771 165
40-005-0080, Citizens prosecuting and defending another; authority to defend another deleted under certain circumstances
A307, R401, S1085 83
40-005-0210, State Board of Law Examiners, qualifications of members; membership, terms, and duties of board shall be set by Supreme Court
A307, R401, S1085 83
40-018-0030, SLED required to submit fingerprint cards for security, investigation, and weapon license and permit applications to Federal Bureau of Investigation for a national criminal records check of applicant
A339, R428, H4416 114
40-018-0070, Private investigation license, cause of action against a licensee surety bond, provisions for licensee who has maintained license for period of time; technical changes
A339, R428, H4416 114
40-018-0100, Security weapons permit, fingerprint card required to be submitted for a national criminal record check
A339, R428, H4416 114
40-019-0020, Funeral directors, embalmers; retail sales outlet and owner defined
A322, R409, H3515 93
40-019-0230, Funeral directors, embalmers; licensure and examination requirements revised for out-of-state embalmers or directors
A322, R409, H3515 93
40-019-0270 through 40-019-0290, Retail sales outlets, crematories; provisions which apply to funeral directors or embalmers regarding permits, prohibited activities, and disclosure of services and fees also applicable to
A322, R409, H3515 93
40-023-0005 through 40-023-0340, Environmental systems operators, professional, under administration of Labor, Licensing & Regulation Department; well driller licenses, detailed provisions; Environmental Certification Board provisions
A185, R201, H3510 12
40-023-0300, Environmental systems operator, bottled water class operator; license classifications and qualifications provided for
A302, R390, H4912 81
40-033-0010, Nurses; licensing and regulation of, attendant care services and individual in need of in-home care, definitions provided
A337, R459, H3817 113
40-033-0050, Persons not licensed under, may provide attendant care services on or on behalf on an individual in need of in-home care services
A337, R459, H3817 113
40-043-0030, Pharmacy Practice Act, “certified pharmacy technician” defined
A314, R413, H4909 88
40-043-0060, Practitioners may dispense complimentary trial drugs owned by corporate entity
A314, R413, H4909 88
40-043-0082, Pharmacy technicians, qualifications and application renewal procedures for revised
A314, R413, H4909 88
40-043-0083, Pharmacies, college and university athletic departments exempt from pharmacist-in-charge requirement
A356, R388, H4879 138
40-043-0086, Emergency medical services and durable medical facilities are not required to have a consultant pharmacist; certain health professionals allowed to perform these duties
A314, R413, H4909 88
40-043-0086, Pharmacies, college and university athletic departments exempt from pharmacist-in-charge requirement
A356, R388, H4879 138
40-043-0086, Pharmacist-in-charge, not required to employ certified pharmacy technicians provided there is adequate staffing
A314, R413, H4909 88
40-043-0089, Wholesale pharmacy distributors, clarify provisions, duplicate statutory provisions deleted
A314, R413, H4909 88
40-043-0090, Pharmacy permits, renewal procedures, change of name or owner is a requirement for renewal
A314, R413, H4909 88
40-043-0091, Pharmacy Board, time increased for reporting drug theft and allegations; formal allegations required
A314, R413, H4909 88
40-043-0110, Pharmacy license and procedures, to specify and clarify these procedures
A314, R413, H4909 88
40-043-0130, Pharmacy technicians, registered; required to take continuing education courses
A314, R413, H4909 88
40-047-0140, Physicians, requirements and standards concerning FLEX and COMVEX examinations
A213, R245, S1160 30
40-059-0005 through 40-059-0620, Residential Builders Commission, under administration of Labor, Licensing and Regulation Department; licensure of residential builders and specialty contractors, home inspectors provided for
R440, S237 158
40-063-0005 through 40-063-0300, Social Work Examiners Board, under administration of Labor, Licensing and Regulation Department; social work licensure classifications, areas, and scope of practice revised, conversion period provided
A189, R209, H3447 15
40-079-0020, Burglar alarm system industry, definition of “registered” revised
R439, S41 158
40-079-0050, Burglar alarm system industry, certain license fees to include primary qualifying party certificate
R439, S41 158
40-079-0110, Burglar alarm system licensee, scope of authority after cancellation of license clarified
R439, S41 158
40-079-0130, Burglar alarm system licensee, scope of authority after cancellation of license clarified
R439, S41 158
40-079-0220, Burglar alarm system branch office may not operate until a license number is issued; employee required to be licensed by department to have access to client records
R439, S41 158
40-079-0230, Burglar alarm system business, person seeking license to engage in; completion of certain training courses required
R439, S41 158
40-079-0240, Burglar alarm system business, license renewal; technical correction
R439, S41 158
40-080-0020, Firefighter or prospective firefighter, required background check for employment; conditions for revised, SLED not required to implement certain provisions until funding is provided by the General Assembly
A224, R260, S182 35
Title 40, Chap. 23, Environmental systems operators, professional, under administration of Labor, Licensing and Regulation Department; well driller licenses, detailed provisions; Environmental Certification Board provisions
A185, R201, H3510 12
Title 40, Chap. 59, Residential Builders Commission, under administration of Labor, Licensing and Regulation Department; licensure of residential builders and specialty contractors, home inspectors provided for
R440, S237 158
Title 40, Chap. 63, Social Work Examiners Board, under administration of Labor, Licensing and Regulation Department; social work licensure classifications, areas and scope of practice revised, conversion period provided
A189, R209, H3447 15
Title 41
41-007-0030, 41-007-0040, Right to work law, provisions and penalties revised; labor organization membership provisions
A357, R426, H3142 152
41-027-0210, Employment security law, definition of employer to include Native American tribe, provisions
A306, R399, S668 82
41-027-0260, Employment security law, exempted employment defined to include duties as appointed successor of an elected official and services performed as member of a Native American tribal council, provisions
A306, R399, S668 82
41-029-0120, Employment information, employers to make certain U.S. Labor and Statistics reports available to the Employment Security Commission
A203, R232, H4014 25
41-029-0170, Employment information, agencies to whom certain information may be disclosed revised
A203, R232, H4014 25
41-031-0040, Base rate computed for employers after twelve consecutive months of coverage, provisions
A306, R399, S668 82
41-031-0060, Employer delinquent report, penalty reduced for
A306, R399, S668 82
41-031-0110, Successor rating period reduced to once a year
A306, R399, S668 82
41-031-0160, Electronic contribution reports required for employers with two hundred fifty or more employees, provisions
A306, R399, S668 82
41-035-0640, Employment security laws, appeals procedures; decisions of Commission must be mailed to party
A203, R232, H4014 25
41-035-0660, Employment security laws, appeals procedures; decisions of Commission must be mailed to party
A203, R232, H4014 25
41-035-0680, Employment security laws, appeals procedures; decisions of Commission must be mailed to party
A203, R232, H4014 25
41-035-0750, Employment Security Commission, judicial review of decision of; procedures conformed to Administrative Procedures Act and Rules of Civil Procedure
A203, R232, H4014 25
41-041-0020, Employment Security Commission to penalize claimant making false or incomplete statement when filing claim by withholding future benefits
A202, R231, H4013 24
41-041-0040, Employment Security Commission, circumstances when may waive repayment of overpaid benefits; provisions when person receiving benefits in another state
A202, R231, H4013 24
Title 42
42-001-0130, Workers’ compensation law, definition of employee includes volunteer state constables
A339, R428, H4416 114
42-007-0065, Workers’ compensation, average weekly wages; volunteer state constables included in provision
A339, R428, H4416 114
Title 43
43-001-0155, Department of Social Services to conduct substantive quality review every five years of county child protective services and foster care programs and of each adoption office; report to be posted on department’s Website
A166, R167, S511 1
43-003-0010, Berkeley county legislative delegation authorized to terminate county board of social services
A246, R301, H4406 47
43-003-0010, County legislative delegations authorized to terminate county boards of social services by written resolution and two-thirds vote based on weighted voting percentages
R468, H4402 165
43-033-0220, Training of guide dog, trainer has same rights and privileges with respect to access to public facilities and accommodations as blind and disabled persons
A204, R234, H4510 26
Title 44
44-001-0080, Health and Environmental Control Department, communicable or epidemic diseases; reports and notice of public health emergency provided
A339, R428, H4416 114
44-001-0100, Public health emergency; enforcement assistance from local health officers specifically provided
A339, R428, H4416 114
44-029-0010, DHEC; reports from health providers, coroners, medical examiners, pharmacist, and person with a pertinent database required, conditions specified for a rise to a public health emergency
A339, R428, H4416 114
44-037-0030, Neonatal testing of children, blood samples taken for and stored by DHEC are confidential; parents, guardian, or child once eighteen to specify whether samples may used for studies, returned, or destroyed; penalties
A225, R261, S204 35
44-053-0190, MDMA--”Ecstasy”, classified as a schedule I controlled substance; penalties for illegally possessing, transporting, concealing, and manufacturing provided
A267, R331, H4629 58
44-053-0360, Controlled substances, provisions for dispensing and supplying specific substances revised; exceptions provided
R433, H4981 157
44-053-0370, MDMA--”Ecstasy”, classified as a schedule I controlled substance; penalties for illegally possessing, transporting, concealing, and manufacturing provided
A267, R331, H4629 58
44-053-0520, MDMA--”Ecstasy”, classified as a a schedule I controlled substance; penalties for illegally possessing, transporting, concealing, and manufacturing provided
A267, R331, H4629 58
44-053-0950, Hypodermic needle requirements, DHEC; authority to audit records and promulgate regulations regarding deleted
R433, H4981 157
44-061-0030, Emergency Preparedness Division, name changed to Emergency Management Division
A190, R210, H4485 16
44-063-0040, State registrar; reports of birth, death, and fetal death to be transmitted to
A272, R345, S1023 60
44-066-0020, Hospice patient, admitted by physician certification under Medicare meets unable to consent requirement
A351, R462, H3978 134
44-093-0040, Public health emergency, DHEC powers in connection with infection waste; powers to dispose provided
A339, R428, H4416 114
44-093-0100, Infectious waste less than fifty pounds, generators of; sharps required to be managed pursuant to certain provisions and regulations
A351, R462, H3978 134
Title 46
46-025-0020, Fertilizers, restricted fertilizers defined
A340, R432, H4944 118
46-025-0210, Fertilizer distributor permits and general and restricted fertilizer permits provided for; penalties for violating section provided
A340, R432, H4944 118
46-025-0810, Inspection tax on commercial fertilizer to be paid to the Division of Regulatory and Public Service Programs at Clemson University
A340, R432, H4944 118
46-025-1170, Fertilizer permit provisions, denial, revocation or modification of certain permits is a civil penalty
A340, R432, H4944 118
46-040-0060, Agriculture Department, may suspend grain dealers’ license due to failure to timely remit certain payments
A340, R432, H4944 118
46-041-0130, Grain dealers license, suspension or revocation provided for failure to pay certain assessments
A340, R432, H4944 118
46-045-0050, Pollution and flooding liability in certain agriculture suits; certain provisions do not apply
A340, R432, H4944 118
Title 47
47-005-0010 through 47-005-0210, Rabies Control Act, provisions revised
A343, R454, H3372 127
R382, H4260 154
47-005-0150, Rabies, persons bitten by infected animal carrying; Department of Health and Environmental Control must ensure the availability of antirabic (Human) vaccine and globulin products
A285, R362, H4891 69
47-009-0300, Livestock, expiration and renewal of registration, certification and recording provision deleted; registered brand is property of the person adopting and registering, their heirs, and assigns unless cancelled or revoked
A315, R414, H4968 89
47-009-0340, Livestock brands, registration of; provisions for failure to renew as grounds for revoking or cancelling the registration deleted
A315, R414, H4968 89
Title 47, Chap. 05, Rabies Control Act, provisions revised
A343, R454, H3372 127
R382, H4260 154
Title 48
48-023-0070, State Commission forestry lands, provisions regarding cutting and removal of trees and destruction of; unlawful to display or consume alcoholic beverages on
A258, R319, S1001 54
48-039-0145, Permit to alter critical area, fee for may be adjusted under certain circumstances by the Department of Health and Environmental Control
A248, R305, H4589 48
48-039-0290, Groins, construction or reconstruction of allowed on certain beaches with high erosion rates; monitoring program must be instituted to measure beach profiles; procedures for landowner adversely impacted by groin
A198, R219, H4413 21
48-040-0060, Emergency Preparedness Division, name changed to Emergency Management Division
A190, R210, H4485 16
Title 49
49-023-0060, Emergency Preparedness Division, name changed to Emergency Management Division
A190, R210, H4485 16
49-029-0100, Acquisition of lands next to scenic rivers by the Budget and Control Board, legislative delegation rather than the governing body of the county in which the land is located
A222, R257, H4883 34
49-029-0230, Great Pee Dee River, designated as a scenic river
A222, R257, H4883 34
Title 50
50-005-0015, Marine Resources Act of 2000, “skim-bow net” and “stretch” defined; certain definitions revised
A342, R443, S379 121
50-005-0020, Watercraft, operator, crew, and passengers of; required to comply with law enforcement officers and the U.S. Coast Guard when operating in the state
A342, R443, S379 121
50-005-0035, Commercial fishing seasons, emergency closings exempt from twenty-four hour notice requirement
A342, R443, S379 121
50-005-0065, Contraband, seizure and disposition of perishable items; provisions
A342, R443, S379 121
50-005-0070, Confiscated devices, Natural Resources Department must sell devices that are not used or destroyed
A342, R443, S379 121
50-005-0300, Commercial saltwater fishing license, provisions for when a resident must obtain license
A342, R443, S379 121
50-005-0310, Commercial saltwater fishing license, provisions for when a nonresident must obtain license
A342, R443, S379 121
50-005-0325, Commercial equipment licenses, fees and tagging equipment; provisions for when a person may not hold or apply for a separate license
A342, R443, S379 121
50-005-0330, Recreational fishing, equipment, commercial minow traps; penalties for violating provision related to
A342, R443, S379 121
50-005-0335, Channel net licenses and restrictions, license preferences regulated; provisions for applicants
A342, R443, S379 121
50-005-0350, Vessel’s identification decals; must be displayed on port and starboard sides of vessels
A342, R443, S379 121
50-005-0360, Wholesale seafood dealers and licenses, provisions for person who must obtain a license
A342, R443, S379 121
50-005-0365, Fishery products, live or freshwater; licensing requirements applicable to transport, exceptions to penalties provided
A342, R443, S379 121
50-005-0370, Saltwater fishery products, certain provisions related to do not apply to persons receiving products from certain dealers
A342, R443, S379 121
50-005-0505 through 50-005-0520, Net use requirements and restrictions; channel nets, turtle excluder devices, provisions for seizure of equipment
A342, R443, S379 121
50-005-0545, 50-005-0550, Crab traps, escape vents in; use of minnow traps, requirements; exemption for peeler traps provided
A342, R443, S379 121
50-005-0710, Shrimp, trawling inside and outside general trawling zones; penalties revised
A342, R443, S379 121
50-005-0715, Shrimp trawling, provisions related to restriction areas
A342, R443, S379 121
50-005-0765, Turtle excluder devices, certain specifications of revised; provisions relating to certain trawl nets that are contraband deleted
A342, R443, S379 121
50-005-0765, Turtle excluder devices, size of escape openings increased
A260, R321, S1061 55
50-005-0960, 50-05-0965, Recreational shellfish bottom harvests, limits on taking of shellfish; penalties related to revised
A342, R443, S379 121
50-005-0985, Shellfish, season for taking extended to May 15 of each year
A342, R443, S379 121
50-005-1100, Shrimp, taking of; penalties for violating provisions, each quart taken is a separate offense
A342, R443, S379 121
50-005-1335, Crab pots, unlawful use of for commercial purposes on Pawley’s Island between May 1 and October 1; provisions
A247, R303, H4562 47
50-005-1505, Shad season, times for taking in portions of Winyah Bay drainage system and in portion of the Combahee River changed
A183, R194, H4546 11
50-005-1505, Shad, herring; catch limits and zones, certain provisions related to are in effect before regulations are promulgated
A342, R443, S379 121
50-005-1510, Shad, herring; use of skim-bow nets and gill nets for taking; violations and penalties provided
A342, R443, S379 121
50-005-1515, Shad, skim-bow net catch limits for taking provided; unlawful to sell
A342, R443, S379 121
50-005-1540, Net placements, gill nets and drifting nets, distance requirements
A342, R443, S379 121
50-005-1560, Marine resources provisions, penalties for certain offenses
A342, R443, S379 121
50-005-1715, Dolphins and Mahimahi, each taken in violation is a separate offense
A342, R443, S379 121
50-005-1910, Saltwater recreational fishing stamps and licenses, persons sixteen years of age and older must possess to saltwater fish in the State
A178, R188, H3361 6
50-005-1915, Charter fishing vessels, term “fishing vessel” to replace “boat”; certain penalties revised
A342, R443, S379 121
50-005-1920, Saltwater recreational, public fishing pier licenses and charter fishing vessels licenses, annual and temporary resident and non-resident; fees for increase July 1, 2002, provisions for spending revenue from provided
A178, R188, H3361 6
50-005-1930, Saltwater recreational fisheries licenses, State; other coastal states that have or establish and recognize the validity of South Carolina’s are valid in this state
A178, R188, H3361 6
50-005-1935, Saltwater fishing, stamps; commemorative and collective do not authorize recreational fishing in the State
A178, R188, H3361 6
50-005-1940, Natural Resources Department, authorized to create stamps and licenses for saltwater recreational fisheries prints
A178, R188, H3361 6
50-005-1950, Saltwater Recreational Fisheries Advisory Committee, membership increased by two, one member each from Dorchester County and Berkeley County
A178, R188, H3361 6
50-005-2100, Mariculture permits, provisions revised; each fish taken in violation is a separate offense
A342, R443, S379 121
50-005-2105, Wholesale seafood dealers, each fish sold in violation is a seperate offense
A342, R443, S379 121
50-005-2505 through 50-005-2530, Saltwater privileges, notice and review of suspension, appeals; point system; federal fishing regulations applicable statewide
A342, R443, S379 121
50-005-2520, Saltwater privileges, review of suspension must be in accordance with the Administrative Procedures Act
A342, R443, S379 121
50-005-2725, Fishery management plan for sharks, reference to deleted
A342, R443, S379 121
50-005-2730, Federal fishing regulations, sales restrictions included; federal regulations apply statewide and in statewaters
A342, R443, S379 121
50-005-2740, Marine resources, fish, lobster, or other; each taken in violation is a separate offense
A342, R443, S379 121
50-011-0430, Bear, hunting and taking of; open season in Game Zone No. 1
A209, R239, S893 28
50-011-0500, Wild turkey hunting, unlawful to take or attempt to take with rifle, pistol, buckshot, or shotgun slug
A210, R240, S894 28
50-011-0530, Wild turkey hunting, bag limit for turkeys deleted in Game Zones 6 and 11
A210, R240, S894 28
50-011-0540, Wild turkey hunting, penalties for violating rules applicable to
A210, R240, S894 28
50-011-0560, Wild turkey hunting, open season for male in Game Zones 6 and 11 from March fifteenth to May first
A210, R240, S894 28
50-011-2210, Wildlife management area lands and improvements, certain activities defined as unlawful abuses of
A257, R318, S969 53
50-011-2220, Wildlife management area lands, unlawful to enter after losing privilege to enter; penalties provided
A257, R318, S969 53
50-011-2300, Operation Game Thief Program; additional funding from sale of paraphernalia provided
A304, R397, S320 81
50-011-2310, Operational Improvements to Property Watch Program, Coastal Watch Program, other programs within and reward payments; funds expended for information leading to the arrest of person violating natural resource laws
A304, R397, S320 81
50-013-0236, Bass, striped; size limit on taking of effective during summer months on Lake Murray; during July and August it is unlawful to take more than two that are less than the legal size limit
A214, R247, H3481 31
50-015-1330, Horseshoe crab permits, each taken in violation of provisions is a separate offense
A342, R443, S379 121
50-021-0175, Watercraft operator, crew, and passengers to cooperate with law enforcement officers or U.S. Coast Guard personnel
A342, R443, S379 121
Title 51
51-001-0040, Parks, Recreation, and Tourism Department, may impose certain fees on facilities and publications; provisions regarding revenue from the Boyleston House gift shop
A356, R388, H4879 138
51-003-0090, Parks, Recreation, and Tourism Department, lands under jurisdiction of; authority to exchange, sale or lease; funds must be deposited in the Recreation Land Trust Fund
A356, R388, H4879 138
51-003-0145, Concealable weapon permit, person may possess weapon and ammunition at park or facility under jurisdiction of Parks, Recreation and Tourism Department
A274, R349, H3010 61
Title 54
54-007-0620, Underwater Antiquities Act of 1991, definitions revised
R429, H4429 156
54-007-0670, Hobby licenses, only two-year issued; fee and report requirements revised
R429, H4429 156
54-007-0710, Exclusive licenses, criteria changed
R429, H4429 156
54-007-0740, State Underwater Archeologist, new title of; formerly State Archeologist
R429, H4429 156
54-007-0800, State Underwater Archeologist, new title of; formerly State Archeologist
R429, H4429 156
54-007-0810, References to certain provisions of Underwater Antiquities Act of 1991 deleted
R429, H4429 156
54-007-0820, State Underwater Archeologist, new title of; formerly State Archeologist
R429, H4429 156
Title 55
55-011-0320, Richland-Lexington Airport District, members increased; method of appointment provided
A326, R448, S1131 100
Title 56
56-001-0040, Conditional driver’s license, conditions for issuance of revised
A181, R191, H3933 8
56-001-0040, Drivers’ license, issuance of restricted to residents of the State; resident redefined, person waiting for residence status may apply for an extension by the Department of Public Safety
A282, R359, H4670 66
56-001-0050, Beginner’s permit, period of time person must hold before full licensure and who must accompany permittee while driving revised; to delete provision that defines daylight hours
A181, R191, H3933 8
56-001-0130, Conditional driver’s license, substitution of term for provisional driver’s license
A181, R191, H3933 8
56-001-0175, Conditional driver’s license, person must complete forty hours of driving practice before issuance of; to limit the number of passengers under twenty-one a license holder may transport
A181, R191, H3933 8
56-001-0176, School attendance is a condition for the issuance of conditional and special restricted drivers’ licenses; home schools considered an educational institution
A181, R191, H3933 8
56-001-0180, Special restricted driver’s license, conditions a person must meet before issuance of; to restrict the number of passengers under twenty-one a license holder may transport; approval for driver’s training courses
A181, R191, H3933 8
56-001-0185, Conditional or special restricted driver’s license, provisions regarding point assessable traffic offenses
A181, R191, H3933 8
56-001-0460, DUS, driving under suspension; magistrates’ court may hear offense when licensed is suspended for reasons other than driving under influence of alcohol or drugs
A263, R327, H4030 56
56-001-0464, Driver’s license suspension, person who license is suspended soley on out of state violations may petition magistrates court to dismiss charges
A348, R452, H3049 130
56-001-0745, 56-001-0746, Driver’s license suspension due to a controlled substance or alcohol related violation, court-ordered drug program is required for a special restricted license
A348, R452, H3049 130
A354, R472, H4607 136
56-003-0120, Motor vehicle licensing and registration requirements, certain firefighting vehicles exempt from
A348, R452, H3049 130
56-003-0150, Motor vehicle registration, nonresident; requirements for nonresident owner and auditor of county in which vehicle owned or leased; penalties for late registration provided
A275, R350, H3014 62
56-003-0210, Motor vehicle license plates, temporary plates established and provided for
A251, R298, H3678 49
56-003-0240, Commercial motor vehicles that are greater than twenty-six thousand pounds, additional information regarding must be provided to the Department of Public Safety
A301, R389, H4894 79
56-003-0670, Farm truck, includes a truck transporting certain horticultural products
A340, R432, H4944 118
56-003-1815, Motor vehicle license plates, issuance of special to members of National or State Guard; application to include copy of military identification card
A193, R213, S504 17
56-003-2150, 56-003-2160, Motor vehicle license plates, special issuance of to mayors and former members of the General Assembly who are eligible for retirement provided
A349, R455, H3485 133
56-003-8000, Nonprofit organization special license plates, organizations which are certified under 501(C)(8) of Internal Revenue Code qualify to be issued
A194, R214, S597 18
56-003-8100, Conserve South Carolina special license plates provided for by the Conservation Bank Act
A200, R228, S297 22
56-003-8100, Special license plates, fees collected for; sufficient funds to be placed in special restricted account to be used to defray costs of producing plates and administering plates
A193, R213, S504 17
A194, R214, S597 18
A354, R472, H4607 136
A264, R328, H4412 56
56-003-8100, Special license plates; portion of fees collected from to be used to defray the expenses of producing and administering the plate
A352, R467, H4383 135
A218, R251, H4432 32
56-003-8200, Department of Public Safety, may assess optional additional fee for the cost of administering and producing the Rotary International Special license plates, provisions
A354, R472, H4607 136
56-005-0765, Motor vehicle accident involving law enforcement or Public Safety Department vehicle, investigation of; provisions when agency to investigate lacks expertise to conduct
A277, R352, H3328 63
56-005-1538, Emergency scene, driver of a vehicle required to keep vehicle under control, yield to right of way; when a approaching or passing emergency; penalties
A348, R452, H3049 130
56-005-2360, Emergency or police vehicles, driver to yield right-of-way to; all drivers to yield when police vehicle uses both visual and audible signals
A348, R452, H3049 130
56-005-2522, Motor vehicles to be towed by law enforcement, time period that must elapse before certain actions taken modified; sheriff or police chief designee authorized to carry out actions
A348, R452, H3049 130
56-005-2780, Stopped school bus, unlawfully passing; penalty for first offense violation revised; trial to be be conducted in magistrates’ court
A348, R452, H3049 130
A296, R381, H3959 75
R292, S963 154
56-005-2951, Special restricted driver’s license, provisions and restrictions for person who holds
A348, R452, H3049 130
A296, R381, H3959 75
A354, R472, H4607 136
56-005-2990, Drivers’ licenses, suspension; person may use route restricted or special restricted license to attend Alcohol and Drug Safety Action Program classes, provisions
A348, R452, H3049 130
A354, R472, H4607 136
A296, R381, H3959 75
56-005-4030, Appurtenances defined, maximum width for appurtenances on motor homes, travel trailers, and truck campers
A197, R218, H3931 20
56-005-4070, Maximum length of vehicles; motor homes allowed to travel on State’s highways, maximum length of provided; “vehicles” substituted for terms “trailer or semitrailer”
A197, R218, H3931 20
56-005-5015, Sunscreen devices installed on motor vehicles, provisions do not apply to law enforcement vehicles used to transport canine units
A339, R428, H4416 114
56-005-5640, Motor vehicles, abandoned; sheriff, chief of police, or their designee may sell certain abandoned vehicles at public auction
A195, R216, H3403 19
56-010-0040, Motor vehicle insurance, procedure by which the insurer must notify the Department of Public Safety of a lapsed or terminated insurance policy or security revised
A324, R415, H5105 96
56-010-0225, Motor vehicle insurance, proof of; charge of failing to maintain dismissed under certain circumstances
A324, R415, H5105 96
56-010-0240, Motor vehicle insurer, certain requirements of deleted; Public Safety Department may authorized use of alternative methods of providing notice of new policies; certain provisions deleted
A324, R415, H5105 96
56-010-0520, Motor vehicle, uninsured; penalties revised for, provisions for false registration and proof of future financial responsibility revised
A324, R415, H5105 96
56-010-0553, Public Safety Department, collection of data using random sampling procedure eliminated
A324, R415, H5105 96
56-019-0420, Certificate of title, transfer; Public Safety Department may charge fee of ten dollars for
A349, R455, H3485 133
Title 56, Chap. 03, Art. 22, Motor vehicle license plates, special issuance of to mayors and former members of the General Assembly who are eligible for retirement provided
A349, R455, H3485 133
Title 57
57-003-0150, Annual trip permits may be issued to manufacturer or dealer of motor homes, travel trailers, or truck campers
A197, R218, H3931 20
57-005-1660, Highway construction bonds, to prohibit the state, a political subdivision, or other public entity from requiring that a bond be furnished by a particular surety company or through a particular agent
A253, R310, H4823 50
Title 58
58-005-0030, Government-owned telecommunications service providers, owned or operated by a municipality or regional transportation authority; exempt from regulation by the Public Service Commission
R441, S290 160
58-027-0120, Public transit system, municipality and public utility may mutually agree to transfer obligation in order to provide transportation
A212, R244, S1154 30
58-035-0070, Excavation or demolition operations, association for operators to file annual report covering activities and operations for preceding year to certain legislative committees
A216, R249, H3613 31
Title 59
59-002-0070, College Investment Program, beneficiaries may be changed by the account owner to the extent not prohibited by federal law
A334, R445, S852 107
59-002-0080, College Investment Program, contributions under; further deductibility provided, income tax provisions for withdrawals that are not qualified
A334, R445, S852 107
59-006-0010, Education Oversight Committee, Education Superintendent or designee of added as ex officio nonvoting member
A327, R457, H3602 101
59-018-0900, Annual report cards for school districts; trustees who attend orientation program to be reflected on
A265, R329, H4419 57
59-019-0045, Orientation for school boards of trustees and county boards of education, successful completion of; Education Department to keep record of
A265, R329, H4419 57
59-020-0020, Revenue Department, date that the preliminary index of taxpaying ability revised
A334, R445, S852 107
59-029-0190, Advanced placement exam, student who receives three or higher on shall receive post-secondary or college credit for
A356, R388, H4879 138
59-040-0010 through 59-040-0210, Charter schools; organization, operation, and governance of
A341, R438, S12 120
59-053-0052, Technical college presidents shall be employed at the will of the area technical education commissions
A171, R181, H4392 3
59-053-0210, Tri-County Technical College Commission; consists of Anderson, Oconee, and Pickens Counties
A292, R377, H3473 72
59-053-0240, Tri-County Technical College Commission; consists of Anderson, Oconee, and Pickens Counties
A292, R377, H3473 72
59-053-0410, Trident Technical College Area Commission; consists of Berkeley, Charleston, and Dorchester Counties
A292, R377, H3473 72
59-053-0510, 59-053-0515, Northeastern Technical College Area Commission; consists of Chesterfield, Marlboro, and Dillon Counties
A292, R377, H3473 72
59-053-0710, Florence-Darlington Technical College Area Committee
A292, R377, H3473 72
59-053-0810, Horry-Georgetown Technical College Commission
A292, R377, H3473 72
59-053-0910, Lowcountry Technical College Area Commission; consists of Beaufort, Colleton, Hampton and Jasper Counties
A292, R377, H3473 72
59-053-1410, Central Carolina Technical College Commission; consists of Clarendon, Kershaw, Lee, and Sumter Counties
A292, R377, H3473 72
59-053-1710, Midlands Technical College Commission, members; number of appointed by the Governor on recommendation of Lexington and Richland County legislative delegation revised
A326, R448, S1131 100
59-058-0020, Nonpublic Post-Secondary Institution License Act, definitions added to
A284, R361, H4818 68
59-058-0030, Nonpublic educational institution, definition; activities, courses, or institutions excluded from provided
A284, R361, H4818 68
59-058-0050, Nonpublic institutions, licensing requirements of; licenses may be granted to nondegree granting institutions for less than twelve months
A284, R361, H4818 68
59-058-0060, College or University, circumstances that these terms may be used under revised
A284, R361, H4818 68
59-058-0070, Nonpublic institutions, fees; situations when penalties may be imposed provided
A284, R361, H4818 68
59-058-0100, Nonpublic institutions, enrollment contracts and other agreements being void without a license; grammatical correction to
A284, R361, H4818 68
59-058-0110, Nonpublic institutions, licensing of; Commission of Higher Education authorized to impose probation and delay a new class term
A284, R361, H4818 68
59-063-0280, School districts, confiscation of paging devices and mobile telephones from students; district to develop policy for, device required to be returned to the owner
A230, R271, H3623 39
59-104-0020, Palmetto Fellows Scholarship Program, lottery appropriations provided for; Budget Proviso Codification Act
A356, R388, H4879 138
59-112-0060, Public colleges, universities, and technical colleges; employees of may attend and receive tuition assistance
A356, R388, H4879 138
59-112-0070, Scholarships, certain non-residents; State to participate in international Sister-State agreements
A356, R388, H4879 138
59-121-0310, Citadel athletic facilities bond, proceeds from admission and special student fees may be used to pledge as security for without pledging revenue from the athletic department
A299, R386, H4701 78
59-121-0350, Citadel athletic facilities bond, proceeds from admission and special student fees may be used to pledge as security without pledging revenue from the athletic department
A299, R386, H4701 78
59-121-0440, Citadel athletic facilities bond, proceeds from admission and special student fees may be used to pledge as security for without pledging revenue from the athletic department
A299, R386, H4701 78
59-125-0030, Winthrop University Trustees, manner in which trustees are selected further provided for; each seat on board to have a numerical designation
A250, R291, S892 49
59-133-0030, Francis Marion University, trustees; number of members may exceed five
A320, R400, S966 92
59-133-0040, Francis Marion University, trustees; meetings of may be held in location other than Florence
A320, R400, S966 92
59-149-0010, LIFE Scholarships, provisions for eligible students; Budget Proviso Codification Act
A356, R388, H4879 138
59-149-0010, LIFE Scholarships, two-year independent institutions; beginning 2002-2003 school year, students receiving may only receive maximum amount allowed two-year public institutions
A356, R388, H4879 138
59-149-0050, LIFE Scholarships, eligibility for; May 1995 or later graduation date deleted; Budget Proviso Codification Act
A356, R388, H4879 138
59-149-0060, LIFE Scholarships, requirement that eligible students must enroll in an eligible institution with in two years deleted; Budget Proviso Codification Act
A356, R388, H4879 138
59-150-0350, Education Lottery Appropriations; allocations to educational purposes and programs provided for; Budget Proviso Codification Act
A356, R388, H4879 138
59-150-0360, Technical college, lottery funds appropriated to; tuition assistance instead of free tuition provided; Budget Proviso Codification Act
A356, R388, H4879 138
59-150-0370, HOPE scholarships, lottery funds appropriated for; Budget Proviso Codification Act
A356, R388, H4879 138
Title 59, Chap. 040, Charter schools; organization, operation, and governance of
A341, R438, S12 120
Title 61
61-006-1540, Lottery tickets, permitted to be sold in liquor stores
A353, R469, H4426 135
61-006-2010, Sunday minibottle sale permits, municipalities may hold referendums; provisions
A353, R469, H4426 135
Title 62
62-003-0907, Probate court, to delete the requirement that a deed of distribution be examined by court before filing or accompanied at filing by an affidavit
A174, R183, S92 4
62-007-0302, Uniform Prudent Investor Act, investments in mutual funds sponsored by affiliated organizations are allowed under certain circumstances
A234, R275, H4598 41
62-007-0405, Pecuniary interest outright, distribution of provided
A234, R275, H4598 41
62-005-0501, Power of attorney, durable; attorney-in-fact acting pursuant to; compensation of and protection of third parties relying on acts of provided
R464, H4154 163
62-007-0113, Trusts, anti-lapse provision for revocable inter vivos trust
R464, H4154 163
62-007-1114, Trusts, revocation of a revocable inter vivos trust by divorce, annulment, and order terminating marital property rights
R464, H4154 163
CODE SECTIONS OF 1976 REPEALED
Title 01
01-011-0230, 01-011-0240, Motor Vehicle Management Council, references to repealed
A311, R408, H3324 86
01-027-0010 through 01-027-0070, Intergovernmental Relations Advisory Commission
A311, R408, H3324 86
Title 01, Chap. 27, Intergovernmental Relations Advisory Commission
A311, R408, H3324 86
Title 08
08-023-0115, Deferred Compensation plans, consultation services provided for participants repealed
A287, R364, H5007 70
Title 20
20-007-5410 through 20-007-5450, Maternal, Infant, and Child Health Act and Council
A262, R325, H3957 55
Title 20, Chap. 07, Art. 21, Maternal, Infant, and Child Health Act and Council
A262, R325, H3957 55
Title 24
24-021-0810 through 24-021-0830, Uniform Act for Out-of-State Parolee Supervision
A273, R346, S1172 60
Title 24, Chap. 21, Art. 09, Uniform Act for Out-of-State Parolee Supervision
A273, R346, S1172 60
Title 38
38-011-0010 through 38-011-0110, Investment by insurers
A319, R391, H5037 92
Title 38, Chap. 11, Investments by insurers
A319, R391, H5037 92
Title 39
39-055-0015 through 39-055-0305, Cemeteries
A322, R409, H3515 93
Title 40
40-005-0030, S.C. State Bar, fees collected by
A245, R299, H3812 46
Title 44
44-053-0910, 44-053-0920, Hypodermic needles, retail sale of; records, signatures not required for obtaining
R433, H4981 157
44-053-0940, Hypodermic needles, retail sale of; records, signatures not required for obtaining
R433, H4981 157
Title 47
47-009-0310, 47-009-0320, Livestock brands, registration of; Secretary of State’s duty to remind registrant of renewal, provisions related to livestock abandonment repealed
A315, R414, H4968 89
Title 50
50-005-2735, Federal spiny lobster regulations declared State law
A342, R443, S379 121
50-011-1280, Restrictions on shooting preserves in Game Zones No. 7 and 9
A309, R406, S1226 85
Title 54
54-007-0680, Instructional licenses, reports and restrictions
R429, H4429 156
Title 56
56-001-0150, Drivers’ license, exemptions from photograph requirements repealed
A339, R428, H4416 114
56-003-0220, Motor vehicle dealers, “sold” cards for
A251, R298, H3678 49
A324, R415, H5105 96
56-010-0270, Uninsured vehicles, operation of
A324, R415, H5105 96
Title 58
58-023-0350, For-hire vehicles required to have Class E registration from the Revenue Department
A301, R389, H4894 79
58-023-0640, Revenue Department, authority to charge an identifier fee for motor vehicle carriers
A301, R389, H4894 79
58-023-0650, Revenue Department, authority to enter into base-state agreements for interstate carriers
A301, R389, H4894 79
Title 59
59-021-0170, Department of Education, distribution of employer contribution funds, offset changes of
A356, R388, H4879 138
59-119-0130, Clemson University, privilege tax on fertilizer
A340, R432, H4944 118
COLLEGES AND UNIVERSITIES
Athletic departments, provisions regarding pharmacists-in-charge
A356, R388, H4879 138
Campus Sex Crimes Prevention Act
A310, R407, H3309 85
Campus Sexual Assault Information Act
A310, R407, H3309 85
Citadel, The
Athletic facilities bond, proceeds from admission and special student fees may be used to pledge as security for without pledging revenue from athletic department
A299, R386, H4701 78
Clemson University
Animal facilities, owners and operators of; University and Health and Environmental Control Department to create a certification program for; provisions for the operation of animal waste management
A340, R432, H4944 118
Division of Regulatory and Public Service Programs, inspection tax on commercial fertilizer paid to
A340, R432, H4944 118
Endowment professorships created using funding from Centers of Excellence Matching Endowment Fund
A356, R388, H4879 138
Fertilizer, privilege tax on; provisions for repealed
A340, R432, H4944 118
College and University, terms; circumstances when these terms may be used and may not be used revised
A284, R361, H4818 68
Farm products, research or research equipment; universities that participate or engage in research; unlawful to damage or destroy, penalties
A232, R273, H3838 40
Francis Marion University
Trustees may enter into ground lease agreement with private entity for on-campus student housing facilities; terms, conditions, approval of
A227, R263, S868 37
Trustees, numbers of members may exceed five; board meetings may be held in locations other Florence
A320, R400, S966 92
Hepatitis B, higher learning institutions required to inform students of the health risk while living on campus; institutions may elect to participate in
A317, R417, H5133 90
Higher Education Commission
Budget Proviso Codification Act
A356, R388, H4879 138
Licenses revoked or suspended by, commission authorized to impose probation and delay a new class term
A284, R361, H4818 68
Manufacturers Extension Partnership, commission to make recommendations to General Assembly concerning
A356, R388, H4879 138
Nondegree granting institutions, commission may grant license for less than twelve months
A284, R361, H4818 68
Higher learning institutions, governing bodies; members of are required to attend at least two-thirds of regular and special meetings during a calendar year; provisions for filling vacancies provided
A250, R291, S892 49
Historically black colleges and universities, tuition grants provided from lottery appropriations; Budget Proviso Codification Act
A356, R388, H4879 138
Independent, Budget Proviso Codification Act
A356, R388, H4879 138
Medical University of South Carolina
Endowment professorships created using funding from Centers of Excellence Matching Endowment Fund
A356, R388, H4879 138
Meningitis, higher learning institutions required to inform students of the health risk while living on campus; institutions may elect to participate
A317, R417, H5133 90
Nondegree granting institutions, Commission may grant licenses to for less than twelve months
A284, R361, H4818 68
Nonpublic post-secondary institutions, license requirements, certain definitions and provisions revised
A284, R361, H4818 68
Research Authority, South Carolina; provisions regarding location of principal office and board meetings
A172, R171, H3653 3
Research Centers of Economic Excellence Act; Centers of Excellence Matching Endowment Fund to be funded by appropriations from Education Lottery Account
A356, R388, H4879 138
Security, each institution must include statement that states where law enforcement information can be obtained on sex offenders in an annual security report
A310, R407, H3309 85
Sex offender registration, person enrolled at, employed, or carrying on a vocation at an institution of higher learning; required to provide written notice of change in status
A310, R407, H3309 85
State-supported
Budget Proviso Codification Act
A356, R388, H4879 138
Employee grievance procedures, employees and educational faculty exempt from
A171, R181, H4392 3
Hazing, defined; prohibited at all public education institutions
A310, R407, H3309 85
Sister-State agreements; Budget Proviso and Codification Act
A356, R388, H4879 138
Students
Budget Proviso Codification Act
A356, R388, H4879 138
Hepatitis B, higher learning institutions required to inform students of the health risk while living on campus; institutions may elect to participate
A317, R417, H5133 90
Meningitis, higher learning institutions required to inform students of health risk while living on campus; institution may elect to participate
A317, R417, H5133 90
Tuition
College Investment Program, beneficiaries may be changed by the account owner; income tax deductions and provisions provided
A334, R445, S852 107
LIFE Scholarships
Budget Proviso Codification Act
A356, R388, H4879 138
Military reservist or member of National Guard, who is called to active military duty, is entitled to refund of tuition and fees
A330, R471, H4481 103
Need-based grants, Budget Proviso Codification Act
A356, R388, H4879 138
Palmetto Fellows Scholarship Program
Budget Proviso Codification Act
A356, R388, H4879 138
Tuition Prepayment program, income tax deductions provided for contributing to
A334, R445, S852 107
University of South Carolina
Aiken Campus may grant in-state tuition to residents of Richmond and Columbia Counties in Georgia
A356, R388, H4879 138
Endowment professorships created using funding from Centers of Excellence Matching Endowment Fund
A356, R388, H4879 138
Winthrop University
Trustees
Manner in which trustees are selected further provided for; each seat on board to have a numerical designation
A250, R291, S892 49
COLLETON COUNTY
Game Zone No. 11, wild turkey hunting; provisions regarding
A210, R240, S894 28
Lowcountry Technical College Area Commission
A292, R377, H3473 72
COMMERCE DEPARTMENT
Budget Proviso Codification Act
A356, R388, H4879 138
Public Railways Division
Cooper River terminal facility, Division required to study opportunities for federal funding for infrastructure improvements
A256, R317, S926 52
COMMISSIONS, COMMITTEES OR BOARDS
Created
Charter School Advisory Committee
A341, R438, S12 120
Conservation Bank Board
A200, R228, S297 22
First Responders Advisory Committee
A339, R428, H4416 114
Health insurance mandates, task force created to conduct a comprehensive review of
A338, R430, H4583 114
Innovation in Environmental Approaches, pilot program
A318, R354, H4258 91
Interstate Commission for Adult Offender Supervision
A273, R346, S1172 60
Joint Committee on Taxation created
A334, R445, S852 107
Perpetual Care Cemetery Board
A322, R409, H3515 93
Public Health Emergency Plan Committee
A339, R428, H4416 114
Research Centers of Excellence Review Board
A356, R388, H4879 138
Taxation, Joint Committee On
A334, R445, S852 107
Education Oversight Committee, Superintendent or designee added as ex officio nonvoting member
A327, R457, H3602 101
Intergovernmental Relations Advisory Commission, provisions repealed
A311, R408, H3324 86
Membership, current record of state boards and commissions to be maintained by Secretary of State; boards and commissions required to notify Secretary of resignations, vacancies, and new members
A182, R193, H4475 10
Saltwater Recreational Fisheries Advisory Committee, membership increased by two; one member each from Dorchester County and Berkeley County
A178, R188, H3361 6
Santee Cooper Counties Promotions Commission, terms of members provided; provisions
A270, R341, S633 59
COMPTROLLER GENERAL
Budget Proviso Codification Act
A356, R388, H4879 138
Education Lottery Account; Budget Proviso Codification Act
A356, R388, H4879 138
Employee payroll deductions
College Investment Program, state employees may participate in through payroll deductions
A334, R445, S852 107
Deferred Compensation Program, employee participating in can repay loan by payroll deduction
A356, R388, H4879 138
Deferred Compensation program, consultative services provided to participants repealed
A287, R364, H5007 70
Special license plates, fees collected for to be placed in special account to be used to defray cost of producing
A193, R213, S504 17
A264, R328, H4412 56
A194, R214, S597 18
COMPUTERS
Computer Abuse Act of 2002
A169, R170, H3539 2
Computer contaminant defined, penalties for offenses relating to
A169, R170, H3539 2
Computer crime to include introducing virus, worm, or other damaging program onto computer
A169, R170, H3539 2
Computer crimes; computer, computer hacking, and computer containment further defined, technical changes made
A339, R428, H4416 114
Virus, contaminant defined; penalties for offenses relating to
A169, R170, H3539 2
CONFEDERACY
Confederate Relic Room Director to be appointed by Executive Director of Budget and Control Board
A356, R388, H4879 138
CONSERVATION
Beaches
Conservation Bank Trust Fund, funds used for beach conservation in State Parks System
A200, R228, S297 22
Groins, construction or reconstruction of allowed on certain beaches with high erosion rates; monitoring program must be instituted to measure beach profiles; procedures for landowner adversely impacted by groin
A198, R219, H4413 21
Permit to alter critical area (coastal waters, tidelands, beaches and dunes), fee for may be adjusted under certain circumstances by Health and Environmental Control Department
A248, R305, H4589 48
Conservation Bank Act
A200, R228, S297 22
Conservation Bank Trust Fund created
A200, R228, S297 22
Innovation in Environmental Approaches, pilot program to be administered by Department of Health and Environmental Control
A318, R354, H4258 91
Litter
Forests, state, unlawful to dump rubbish in or to destroy its scenic value in any way
A258, R319, S1001 54
CONSTITUTION OF SOUTH CAROLINA
General Obligation Economic Development Bond Act, bond debt service provided in Constitution increased
A254, R322, S1200 51
CONSTRUCTION
Contractors
Residential Builders Commission
Licensure of residential builders and speciality contractors, home inspectors provided; under administration of Labor, Licensing and Regulation Department
R440, S237 158
CONSUMER AFFAIRS
Commercial Code
Records, fees charged for filing and indexing in accordance with fee recalculated to assess
A329, R470, H4431 102
Motor vehicle glass repair business, certain conduct considered unfair trade practice
A215, R248, H3598 31
Prices, unconscionable; charging for essential commodities during state of emergency prohibited, criminal penalties
A339, R428, H4416 114
Security and borrower, related to consumer finance law; technical changes
A228, R264, S982 37
Unfair trade practices
Glass repair business, vehicle; certain conduct in considered as
A215, R248, H3598 31
Insurance, vehicle glass repair business employee; payment to third person for referral of insurance claimant to business considered
A215, R248, H3598 31
Prices, unconscionable; charging for essential commodities during a state of emergency prohibited, criminal penalties
A339, R428, H4416 114
Rent or sell of essential commodities and rent or lease dwelling units or self-storage facilities at unconscionable price during and within area declared state of emergency, penalties
A339, R428, H4416 114
CORONERS
Autopsy documents and reports exempt from Freedom of Information Act disclosure requirements
A350, R458, H3668 134
Autopsy, photographs or videos incidental of and to the performance; certain persons may view, penalties
A350, R458, H3668 134
Cause of death on death certificate by coroners, medical examiners and deputies, technical changes made; definition of sign, signed and signature provided
A272, R345, S1023 60
CORRECTIONS, DEPARTMENT OF
Body fluids, felony violation for detainee, person in custody, or under arrest to throw body fluids on; person convicted of may be tested for certain diseases
A238, R280, H4728 42
Interstate Compact for Adult Offender Supervision
A273, R346, S1172 60
Officers and certain former officers, murder of is statutory aggravated offense; term corrections officer substituted for corrections employee
A224, R260, S182 35
Person held in jail or detention facility who is entitled to deposit money in lieu of recognizance may be released by paying the sum of money provided; money to be paid to the magistrate or municipal judge by the facility
A295, R380, H3905 74
COURTS
Bar, S.C. State; fees collected by, provisions repealed
A245, R299, H3812 46
Circuit
Court costs, fees, fines, etc.; certain may be paid by credit or debit card, provisions
A295, R380, H3905 74
Youthful offender, defendant convicted of; fifteen years later may apply to the court for an order of expungement
R480, H5269 167
Citizens prosecuting and defending another, authority to defend deleted under certain circumstances
A307, R401, S1085 83
Civil actions, filing fee for complaints or petitions; fee increased, distribution of revenue recalculated
A329, R470, H4431 102
Clerks of Court
Defense Department discharge form 214 (DD 214) filed with clerk of court is not a public record and may not be disclosed; provisions
A308, R402, S1087 84
Uniform fee increases for collection of recording fees of deeds and mortgages
A329, R470, H4431 102
Common pleas
Motions made, twenty-five dollar fee for every motion made in provided; juvenile delinquency proceedings excluded
A329, R470, H4431 102
Criminal cases
Criminal domestic violence, arrest procedures; circumstances when evidence is admissible specified
A329, R470, H4431 102
Life imprisonment means until the death of defendant without possibility of parole, judge to charge jury in instructions upon request in death penalty trial
A278, R353, H3819 64
Defendant hospitalized on grounds of not guilty by reason of insanity may not leave hospital premises unless hospital employee physically present with
A348, R452, H3049 130
Family
Alimony, court-ordered; may be terminated upon continued cohabitation of supported spouse, provisions
A328, R460, H3823 101
Child custody
Court may approve an adoption without approving of unreasonable fees and costs
A345, R423, S1249 128
Guardian ad litem, appointments of are in actions pertaining to custody or visitation
R442, S322 161
Guardian ad litem who is not an attorney, counsel must be appointed for in contested cases
A345, R423, S1249 128
Private Guardian Ad Litem Reform Act
R442, S322 161
Court costs, fees, fines, etc.; certain may be paid by credit or debit card, provisions
A295, R380, H3905 74
Divorce proceedings, child delinquency and neglect cases in; schedule for distribution of revenue derived from fees and costs provided
A329, R470, H4431 102
Motions, twenty-five dollar fee for every motion made in provided; juvenile delinquency proceedings excluded
A329, R470, H4431 102
Name change petitions, person seeking required to be fingerprinted, meet certain requirements, and have criminal and certain records searched, exceptions; court to conduct hearing on petition
A346, R427, H3906 129
Immunity from civil and criminal liability provided to person who renders emergency care without compensation to abandoned, ill, or injured animal
A205, R235, S191 26
Judges
Criminal cases, life imprisonment means until the death of the defendant without possibility of parole, judge to charge jury in instructions upon request in death penalty trial
A278, R353, H3819 64
Magistrates, may issue a notice of trial based on a statement of an affiant who is not a law enforcement officer; arrest warrant may not be issued
A348, R452, H3049 130
Magistrates, person in jail or detention facility who is entitled to deposit money in lieu of recognizance may be immediately released by paying a sum on money that is to be paid to the judge by jail or detention facility
A295, R380, H3905 74
Judgments
Forfeiture, judgment of; remission against a defendant or his surety, provisions for fee a surety must pay the court
A329, R470, H4431 102
Magistrates’
Corporation or partnership may designate employee or principal to represent business in
A201, R230, H3032 24
Court costs, fees, fines, etc.; certain may be paid by credit or debit card, provisions
A295, R380, H3905 74
Interpleader actions filed over claims of disputed real estate earnest money, to have concurrent jurisdiction when dispute doesn’t exceed jurisdictional limit of
A184, R200, H3107 11
Jurisdiction to hear driving under suspension cases when licensed is suspended for reasons other than driving under the influence of alcohol or drugs
A263, R327, H4030 56
Notice of trial, may issue based on a sworn statement of affiant who is not a law enforcement officer, an arrest warrant may not be issued
A348, R452, H3049 130
Person held in jail or detention facility who is entitled to deposit money in lieu of recognizance may be released by paying the sum of money that is paid to the magistrate or municipal judge by jail or detention facility
A295, R380, H3905 74
Stopped school bus, unlawfully passing; must be tried in magistrates’ court
A348, R452, H3049 130
A296, R381, H3959 75
R292, S963 154
Warrants issued by certain magistrates, sheriffs given statewide territorial jurisdiction to serve upon incarcerated inmates; provisions
A348, R452, H3049 130
Municipal
Court costs, fees, fines, etc.; certain may be paid by credit or debit card, provisions
A295, R380, H3905 74
Person held in jail or detention faculty who is entitled to deposit money in lieu of recognizance may be immediately released by paying the sum of money; money to be paid to the judge by jail or detention facility
A295, R380, H3905 74
Name change petition, person seeking required to be fingerprinted, meet certain requirements, and have criminal and certain records searched, exceptions; court to conduct hearing on petition
A346, R427, H3906 129
Order of protection may be filed in county in which alleged abuse occurred; provisions
A329, R470, H4431 102
Probate courts
Deed of distribution, requirement that it be examined by court before filing or accompanied by affidavit at filing deleted
A174, R183, S92 4
Estates and Probate Reform Act
R464, H4154 163
Restitution ordered by court for damage or destruction to research farm products
A232, R273, H3838 40
Restraining order against person engaged in harassment or stalking, court may not charge fee for filing complaint and motion for
A175, R184, S134 5
State Board of Law Examiners, qualifications of members; membership, terms, and duties of board shall be set by Supreme Court
A307, R401, S1085 83
Structured Settlement Protection Act
A252, R300, H3943 50
Supreme Court
State Board of Law Examiners, membership, terms, and duties of board shall be set by Supreme Court
A307, R401, S1085 83
CRIMES AND OFFENSES
Adult offenders; Interstate Compact for Adult Offender Supervision established, commission created to enforce
A273, R346, S1172 60
Adult, vulnerable; abuse or neglect of resulting in death or great bodily injury considered most serious offense and serious offense respectively; both offenses considered violent crimes
A176, R185, S478 5
Arson, technical change made; “damage” defined
A224, R260, S182 35
Checks, fraudulent; service charge on checks of one hundred dollars or less increased to thirty dollars
A291, R376, H3286 72
Citizens prosecuting and defending another, authority to defend deleted under certain circumstances
A307, R401, S1085 83
Computer Abuse Act of 2002
A169, R170, H3539 2
Computer crimes; computer, computer hacking, and computer containment further defined, technical changes made
A339, R428, H4416 114
Criminal domestic violence
Arrest procedures, circumstances when evidence is admissible specified
A329, R470, H4431 102
Order of protection may be filed in county in which alleged abuse occurred; provisions
A329, R470, H4431 102
Criminal record check required for caregivers employed by nursing homes, adult daycare facilities, home health agencies, and community residential care facilities; provisions
A242, R294, H3145 45
Criminal record checks required for firefighters or prospective firefighters to be employed, conditions for revised; SLED not required to implement certain provisions until funding is provided by the General Assembly
A224, R260, S182 35
Diplomas, unlawful to falsify or alter a high school/ GED diploma and transcripts
A219, R252, H4455 33
Dolphin or porpoises, mammalian; unlawful to catch, attempt to catch, feed, kill or harass, certain exemptions apply if one holds a federal permit
A178, R188, H3361 6
Drugs, narcotics
Controlled substances, theft of; felony offense provided for
R433, H4981 157
MDMA-”Ecstasy”, classified as a schedule I controlled substance; penalties for illegally possessing, transporting, concealing, and manufacturing provided
A267, R331, H4629 58
Pharmacy, employee of convicted of prescription drug theft; time increased for reporting to Pharmacy Board
A314, R413, H4909 88
Execution
Life imprisonment means until the death of defendant without possibility of parole, judge to charge jury in instructions upon request in death penalty trial
A278, R353, H3819 64
Officers, former federal, state and local, corrections and certain former corrections officers; murder of is a statutory aggravated when death penalty is imposed
A224, R260, S182 35
Farm products, research or research equipment; unlawful to damage or destroy, penalties
A232, R273, H3838 40
Felony
Body fluids, felony violation for detainee, person taken into custody, or a person under arrest to throw body fluids on state, local law enforcement or correction officer or visitor; person convicted may be tested for diseases
A238, R280, H4728 42
Controlled substances, theft of; felony offense provided for
R433, H4981 157
Member of General Assembly convicted of; Budget Proviso Codification Act
A356, R388, H4879 138
Harassment
Restraining order, court may not charge fee for filing complaint and motion for order against person engaging in
A175, R184, S134 5
Hazing, defined; unlawful, organizations and entities that apply to revised; prohibited at all education institutions
A310, R407, H3309 85
Homeland Security Act
A339, R428, H4416 114
Murder
Officers; former federal, state, or local, certain former and current corrections officers, murder of is a statutory aggravated offense when death penalty is imposed
A224, R260, S182 35
Sex offenses
Campus Sex Crimes Prevention Act
A310, R407, H3309 85
Campus Sexual Assault Information Act
A310, R407, H3309 85
Sex offender registration, people enrolled at, employed or carrying on vocation at an institution of higher learning; required to provide written notice of change in status
A310, R407, H3309 85
Sex offender registry, each institution of higher learning must include statement that advises where information can be obtained in their annual security report
A310, R407, H3309 85
Stalking
Restraining order, court may not charge fee for filing complaint and motion for order against person engaging in
A175, R184, S134 5
Terrorism
Homeland Security Act
A339, R428, H4416 114
Weapons of mass destruction and terrorism defined; penalties increased
A339, R428, H4416 114
Timber theft in excess of five thousand dollars; confiscation of all motor vehicles, tractors, trailers, etc. and equipment involved in commission of
A288, R365, H5060 70
Violent crime
Abuse or neglect of vulnerable adult resulting in death or great bodily injury considered most serious offense and serious offense respectively; both offenses considered violent crimes
A176, R185, S478 5
Weapons
Concealable weapons, permits
Alcoholic liquor, beer, or wine retail establishments; revisions to particulars of offense of unlawful carrying of pistol or firearm on premises of
A274, R349, H3010 61
Applicant, certain requirements of revised, provisions when SLED may revoke
A274, R349, H3010 61
Signs posted prohibiting weapons; size, content, and placement requirements revised
A274, R349, H3010 61
Homeland Security Act
A339, R428, H4416 114
Weapons of mass destruction further defined; penalties increased
A339, R428, H4416 114
DARLINGTON COUNTY
Florence-Darlington Technical College Area Committee
A292, R377, H3473 72
DILLON COUNTY
Game Zone No. 7, restrictions of shooting preserves repealed
A309, R406, S1226 85
Northeastern Technical College Area Commission
A292, R377, H3473 72
Voting precincts, polling places for precincts to be established by Dillon County Election Commission and approved by majority of county legislative delegation
A180, R190, H3806 8
DOMESTIC RELATIONS
Dependent children; fees, costs, and allowances charged in certain action of support for increased; revenue must be remitted according to provisions
A329, R470, H4431 102
Divorce
Alimony, court-ordered; may be terminated upon continued cohabitation of supported spouse, provisions
A328, R460, H3823 101
Child delinquency and neglect case in a divorce proceeding, schedule for the distribution of revenue derived from the fees and cost provided
A329, R470, H4431 102
Inter vivo trusts, revocation of by divorce, annulment, or order terminating marital property rights
R464, H4154 163
Domestic violence
Criminal domestic violence, arrest procedures; circumstances when evidence is admissible specified
A329, R470, H4431 102
Order of protection may be filed in county in which alleged abuse occurred; provisions
A329, R470, H4431 102
Family Privacy Protection Act of 2002
A225, R261, S204 35
Guardian ad litem, appointments of are in actions to custody or visitation
R442, S322 161
Maternal, Infant, and Child Health Act and Council; provisions repealed
A262, R325, H3957 55
Private Guardian Ad Litem Reform Act
R442, S322 161
Spouse; fees, costs, and allowances charged in certain action of support for increased, revenue must be readmitted according to provisions
A329, R470, H4431 102
DORCHESTER COUNTY
Game Zone No. 06, Wild turkey hunting; provisions regarding
A210, R240, S894 28
Saltwater Recreational Fisheries Advisory Committee, additional member to be from
A178, R188, H3361 6
Trident Technical College Area Commission
A292, R377, H3473 72
EDUCATION
Department
Budget Proviso Codification Act
A356, R388, H4879 138
Charter schools; organization, operation, and governance of
A341, R438, S12 120
Employer contribution funds, offset changes; provisions repealed
A356, R388, H4879 138
School Boards
Trustees and members of county boards of education, orientation; department to keep record of successful completions of; annual report cards for district must reflect
A265, R329, H4419 57
Education Oversight Committee
Superintendent of Education or designee of added as ex officio nonvoting member
A327, R457, H3602 101
Educational Television Commission, Education Lottery appropriations provided for; Budget Proviso Codification Act
A356, R388, H4879 138
Finance Act
Revenue Department, preliminary index of taxpaying ability; date Revenue Department to furnish revised
A334, R445, S852 107
Home School Awareness Week established
A276, R351, H3174 63
Improvement Act
Budget Proviso Codification Act
A356, R388, H4879 138
Lottery appropriations for fiscal year 2002-2003; Budget Proviso Codification Act
A356, R388, H4879 138
Superintendent of
Education Oversight Committee, Superintendent or designee of added as ex officio nonvoting member
A327, R457, H3602 101
ELECTIONS
Candidates
Ballot, circumstances when a candidates name may not appear on the ballot provided
R421, S65 155
President and Vice President, dates which candidates for must be certified revised
R421, S65 155
Special elections, conditions when a special election to fill a vacancy is not required
R421, S65 155
Canvassers, county board of; board to meet on the Friday after the election
A261, R324, H3868 55
Referendum
Capital projects sales tax, revenue to be used to pay debt service on bonds issued to fund approved projects, referendum and reporting requirements
A334, R445, S852 107
Minibottle permits, Sunday sales; municipalities may hold referendums concerning
A353, R469, H4426 135
Richland County School District Property Tax Relief Act; one percent sales and use tax; provisions
A326, R448, S1131 100
Richland-Lexington School District No. 05, Trustees; election of provided
A326, R448, S1131 100
Voting precincts
Beaufort County, certain redesignated
A177, R186, S902 6
Cherokee County
A223, R258, H4982 34
Dillon County, polling places for precincts to be established by Dillon County Election Commission and approved by majority of county legislative delegation
A180, R190, H3806 8
Horry County, certain precincts redesignated
A170, R172, H4272 3
Laurens County, certain precincts redesignated
A191, R211, H4567 16
Lexington County, voting precincts designated
A239, R282, H5005 43
Newberry County
A355, R481, H5321 137
Orangeburg County; certain voting precincts renamed
A249, R290, S1240 48
Richland County, certain precincts redesignated
A186, R203, S520 13
A221, R256, H4794 33
Sumter County, certain precincts redesignated
A168, R169, S773 2
ELECTRICITY
Public transit system, municipality and public utility may mutually agree to transfer the obligation of providing
A212, R244, S1154 30
EMPLOYERS AND EMPLOYEES
Base rate commuted for employers after twelve consecutive months of coverage, provisions
A306, R399, S668 82
College Investment Program, Treasurer to establish program for employees of private entities to participate in through payroll deductions
A334, R445, S852 107
Electronic contribution reports required for employers with two hundred fifty or more employees; provisions
A306, R399, S668 82
Employer delinquent report, penalty reduced for
A306, R399, S668 82
Employment security law, employment defined to include service performed in the employ of Native Americans
A306, R399, S668 82
Employment security laws, appeals procedures, decisions of Commission must be mailed to party; agencies to whom certain information may be disclosed revised
A203, R232, H4014 25
Right to work law, provisions and penalties revised; administrative review of penalties assessed by Labor, Licensing and Regulation Department established
A357, R426, H3142 152
Unemployment compensation benefits, circumstances when Employment Security Commission may waive repayment of overpaid benefits; provisions when person receiving benefits in another state
A202, R231, H4013 24
Unemployment compensation claims, Employment Security Commission to penalize claimant making false or incomplete statement when filing claim by withholding future benefits
A202, R231, H4013 24
Wages, political subdivisions may not mandate or require minimum wage which exceeds the set federal minimum wage
A243, R296, H3289 46
EMPLOYMENT SECURITY COMMISSION
Benefits, circumstances when Commission may waive repayment of overpaid benefits; provisions when person receiving benefits in another state
A202, R231, H4013 24
Budget Proviso Codification Act
A356, R388, H4879 138
Claims, Commission to penalize claimant making false or incomplete statement when filing claim by withholding future benefits
A202, R231, H4013 24
Employment information, employers to make certain U.S. Bureau of Labor and Statistics reports available to the Employment Security Commission
A203, R232, H4014 25
Employment security laws, appeals procedures, decisions of Commission must be mailed to party; agencies to whom certain information may be disclosed revised
A203, R232, H4014 25
Judicial review of decision of; procedures conformed to Administrative Procedures Act and Rules of Civil Procedure
A203, R232, H4014 25
Native American tribes, employment defined to include service performed in the employ of
A306, R399, S668 82
ENVIRONMENTAL CERTIFICATION BOARD
Environmental systems operators, professional, under administration of Labor, Licensing and Regulation Department; well driller licenses, detailed provisions
A185, R201, H3510 12
Well redefined to include any excavation made for purpose of environmental or geologic investigation when likely to penetrate water table
A185, R201, H3510 12
FAIRFIELD COUNTY
Game Zone No. 4, wild turkey hunting permitted on Sunday; on private property
A255, R316, S813 52
FEDERAL GOVERNMENT
Commercial motor vehicles; to suspend, revoke, or not issue a registration card and license plate for a commercial vehicle carrier who who has been prohibited from operating by a federal agency
A301, R389, H4894 79
Defense Department discharge form 214(DD 214) filed with clerk of court is not a public record, may not be disclosed; provisions
A308, R402, S1087 84
Farm products, research and research equipment; federal agency that participates in; unlawful to destroy or damage research or facilities, penalties
A232, R273, H3838 40
Prisoners, federal prisoners committed to a county jail, revision of fee and its distribution; provisions
A283, R360, H4757 67
Property, state entity that acquires property from the federal government is entitled to same use of; provisions
A256, R317, S926 52
Selective Service System, Public Safety Department; to provide registration for certain persons at time issues or renews drivers’ licenses or identification cards; provisions
A305, R398, S634 82
Wages, political subdivisions may not mandate or require minimum wage which exceeds the set federal minimum wage
A243, R296, H3289 46
FIRE
Arson, technical change made; “damage” defined
A224, R260, S182 35
Fire trucks, law enforcement, emergency vehicles; driver to yield right-of-way to, all drivers to yield when police vehicle uses both visual and audible signals
A348, R452, H3049 130
Firefighters
Criminal background check of firefighters or prospective firefighters for employment purposes, conditions for revised; SLED not required to implement certain provisions until funded by the General Assembly
A224, R260, S182 35
Volunteer, income taxes; three thousand dollar deduction provided for
R466, H4337 164
Firefighting vehicles, certain exempt from motor vehicle licensing and registration requirements
A348, R452, H3049 130
FISH AND GAME
Bass, striped; size limit on taking of effective during summer months on Lake Murray; during July and August it is unlawful to take more than two that are less than the legal size limit
A214, R247, H3481 31
Bear, hunting and taking of; open season in Game Zone No. 1
A209, R239, S893 28
Commercial fishing seasons, emergency closing of; exempt from twenty-four hour notice requirement
A342, R443, S379 121
Conservation Bank Act
A200, R228, S297 22
Contraband, seizure and disposition of perishable items; provisions
A342, R443, S379 121
Crab pots, unlawful use of for commercial purposes on Pawley’s Island between May 1 and October 1; provisions
A247, R303, H4562 47
Dolphin or porpoise, mammalian; unlawful to interfere with normal activity and well-being of except when authorized by federal permit
A178, R188, H3361 6
Dolphins, each taken in violation is a separate offense
A342, R443, S379 121
Emergency, state of; Natural Resources Department authorized to close fishing seasons, areas, or activities during
A342, R443, S379 121
Fishery products, live or freshwater; licensing requirements applicable to transport, exceptions and penalties provided
A342, R443, S379 121
Game Zones
No. 01, Bear, hunting and taking of; open season in
A209, R239, S893 28
No. 04, Wild turkey hunting permitted on Sunday, on private land
A255, R316, S813 52
No. 06, Wild turkey hunting, provisions regarding
A210, R240, S894 28
No. 07, Restrictions on shooting preserves repealed
A309, R406, S1226 85
No. 09, Restrictions on shooting preserves repealed
A309, R406, S1226 85
No. 11, Wild turkey hunting, provisions regarding
A210, R240, S894 28
Horseshoe crab, each taken in violation is a separate offense
A342, R443, S379 121
Licenses
Hunting, fishing
Channel net licenses and restrictions, license preferences regulated; provisions for applicants
A342, R443, S379 121
Charter fishing vessel licenses, fee increases July 1, 2002; of revenue from provided
A178, R188, H3361 6
Commercial saltwater fishing license, equipment; recreational fishing license, equipment; identification decals of vessel; wholesale seafood dealers’ license; provisions
A342, R443, S379 121
Fishery products, live and freshwater; licensing requirements applicable to sale or transport, exceptions to penalties provided
A342, R443, S379 121
Saltwater fisheries, other coastal states that have or establish that recognize validity of South Carolina’s, valid in the State
A178, R188, H3361 6
Saltwater fishing licenses, Natural Resources Department authorized to create and design
A178, R188, H3361 6
Saltwater fishing privileges, notice and review of suspension, appeals; point system; federal fishing regulations applicable statewide
A342, R443, S379 121
Saltwater fishing, recreational and public fishing pier licenses; fee increases July 1, 2002; use of revenue from provided
A178, R188, H3361 6
Saltwater recreational fishing; permanent or temporary; person sixteen years or older must have to fish in the State
A178, R188, H3361 6
Seafood dealers and licenses, wholesale; provisions for persons who must obtain license in this state
A342, R443, S379 121
Lobster, fish, or other marine resources; each taken in violation is a separate offense
A342, R443, S379 121
Mahimahi, each taken in violation is a separate offense
A342, R443, S379 121
Nets, use requirements and restrictions; channel nets, turtle excluder devices, seizure of equipment, distance requirement between gill nets and drifting nets
A342, R443, S379 121
Operation Game Thief Program, additional funding from sale of paraphernalia; funds expended for reward payments and for operational improvements to Property Watch Program, Coastal Watch Program, and other programs within
A304, R397, S320 81
Saltwater Recreational Fisheries Advisory Committee, membership increased by two; one member each from Dorchester County and Berkeley County
A178, R188, H3361 6
Saltwater fisheries prints, Natural Resources Department authorized to create and design
A178, R188, H3361 6
Saltwater privileges, review of suspension must be in accordance with the Administrative Procedures Act
A342, R443, S379 121
Seafood dealers, wholesale; provisions for person who must obtain license in this state; each fish sold or offered in violation is a separate offense
A342, R443, S379 121
Shad
Herring and shad, catch limits and zones; certain provisions related to are in effect before regulations are promulgated
A342, R443, S379 121
Herring and shad, use of skim bow nets for taking of; unlawful to sell
A342, R443, S379 121
Season, times for taking in portion of Winyah Bay drainage system and in portion of the Combahee River changed
A183, R194, H4546 11
Shad and sturgeon, taking of; provisions for zones, methods, equipment, size, and take limits established
A342, R443, S379 121
Sharks, fishery management plan for; reference to deleted
A342, R443, S379 121
Shellfish, season for taking; extended to May 15 of each year
A342, R443, S379 121
Shrimp, unlawful taking of; penalties revised, each quart taken is a separate offense
A342, R443, S379 121
Shrimp, unlawful to sell, offer for sale unless certain documents are obtained; unlawful trawling inside and outside general trawling zones; penalties
A342, R443, S379 121
Stamps, commemorative and collectors do not authorize recreational fishing in the State
A178, R188, H3361 6
Stamps, saltwater fishing; Natural Resources Department may create and design
A178, R188, H3361 6
Sturgeon, taking of; provisions for zones, methods, equipment, size, and take limits established
A342, R443, S379 121
Traps, escape vents in crab traps; requirements for use of minnow traps
A342, R443, S379 121
Trawl nets, provisions that certain are contraband deleted; trawling restriction areas
A342, R443, S379 121
Turtle excluder devices, certain specifications of revised
A342, R443, S379 121
Turtle excluder devices, size of escape openings increased
A260, R321, S1061 55
Water recreational resources fund, special; creation of within Department of Natural Resources
A187, R205, S856 13
Wild Turkey
Hunting of permitted on Sunday, on private land, in Game Zone no. 4
A255, R316, S813 52
Hunting of, provisions regarding
A210, R240, S894 28
Wildlife management area lands, certain activities defined as unlawful abuses of; unlawful to enter after losing privilege to enter; penalties provided
A257, R318, S969 53
FLAGS
American flag, lawful flying of; no contract, deed, lease, rental agreement, or homeowners associations may restrict
A344, R479, H5259 128
Flags flown atop State House to be lowered and displayed at half-staff on Memorial Day and on day of funeral services for certain public officials; half-staff defined
A226, R262, S439 36
FLORENCE COUNTY
Florence-Darlington Technical College Area Committee
A292, R377, H3473 72
FORESTRY
Conservation Bank Act
A200, R228, S297 22
State Commission forestry lands, provisions regarding cutting or removal of trees and destruction of; unlawful to display or consume alcoholic beverages on
A258, R319, S1001 54
Timber buyer or operator purchasing trees, timber, or wood by the load must furnish the timber grower or seller a wood load ticket for each load of wood
A288, R365, H5060 70
Timber theft in excess of five thousand dollars; confiscation of all motor vehicles, tractors, trailers, etc. and equipment involved in commission of
A288, R365, H5060 70
FREEDOM OF INFORMATION
Agency directors, access to information regarding protections provided
A339, R428, H4416 114
Autopsy documents and reports exempt from disclosure requirements
A350, R458, H3668 134
Budget Proviso Codification Act
A356, R388, H4879 138
Crop Pest Commission, licensing exam and questions administered by confidential, exempt from public disclosure; provisions provided for person who fails the examination
A206, R236, S653 26
Defense Department discharge form 214(DD 214) filed with clerk of court is not a public record, may not be disclosed; provisions
A308, R402, S1087 84
Family Privacy Protection Act of 2002
A225, R261, S204 35
Innovation in Environmental Approaches, pilot program to be administered by Department of Health and Environmental Control
A318, R354, H4258 91
Legislative Audit Council, audit records and working papers are confidential at all times
A244, R297, H3436 46
Neonatal testing; blood samples taken for and stored by DHEC are confidential; parent, guardian, or child once eighteen to specify whether the samples may be used for studies, returned, or destroyed; penalties
A225, R261, S204 35
Security, information regarding security of a public body is not open to the public
A339, R428, H4416 114
FUEL
Gasoline
Tax revenues, “C” funds; Transportation Department shall administer all funds expended on state highway system; exceptions and provisions for counties administering their own “C” funds
A293, R378, H3640 73
Propane tanks, noncommercial; over-fill prevention devices not required for refilling of
A318, R354, H4258 91
GAMBLING
Bingo
Audit activity and criminal record checks pursuant to license applications
A356, R388, H4879 138
Bank accounts, loan proceeds; deposits of allowed to cover a deficit
A334, R445, S852 107
Budget Proviso Codification Act
A356, R388, H4879 138
Cards, may pay by check or cash to obtain, promoter or organization to make payment by certified funds following returned check; return of papers for credit against outstanding voucher allowed
A334, R445, S852 107
Cards, paying less than face value prohibited; specific announcement of prizes required
A334, R445, S852 107
Licenses, Class B; may conduct five games a week
A334, R445, S852 107
Operation of, machines and lottery games excluded
A334, R445, S852 107
Proceeds, limit on may be quarterly average; separate offense clarified for unpaid taxes, provisions to allow promotions of special events
A334, R445, S852 107
Promoter and session, definitions of revised
A334, R445, S852 107
Promoter’s license, time Revenue Department has to approve or reject increased; promoter allowed to have fifteen licenses
A334, R445, S852 107
Violations, advising rules on acts constituting violations and stay enforcement pending ruling authorized for
A334, R445, S852 107
GENERAL ASSEMBLY
Budget Proviso Codification Act
A356, R388, H4879 138
County legislative delegations
Berkeley County, legislative delegation has the authority to terminate the county board of social services
A246, R301, H4406 47
Scenic rivers, acquisition of lands adjacent to by the Budget and Control Board; legislative delegation rather than the governing body of the county in which the land is located must approve of
A222, R257, H4883 34
Social Services, county boards of; county legislative delegation authorized to terminate by written resolution and two-thirds vote based on weighted voting percentages
R468, H4402 165
Employees of Senate and House, full-time; prohibited from outside work during normal working hours
A356, R388, H4879 138
House of Representatives
Budget Proviso Codification Act
A356, R388, H4879 138
Clerk, duties of; Budget Proviso Codification Act
A356, R388, H4879 138
Sergeant of Arms and Directors of Security, duties of
A356, R388, H4879 138
Speaker, duties and authority of, which include appointing Executive Director of Research and the directors of research for standing committees
A356, R388, H4879 138
Telephone and postage allocations to members, members may use remaining funds of one category in the other category during the same year
A356, R388, H4879 138
Telephone service for use by members and officers
A356, R388, H4879 138
Members
Felony, member of General Assembly convicted of may not receive compensation or expenses
A356, R388, H4879 138
License plates, special; provided for former members who are eligible for retirement benefits
A349, R455, H3485 133
Retirement system, member who has reached the age of seventy and has twenty-five years of service is eligible to receive benefits
A334, R445, S852 107
Nursing personnel located in State House and Gressette Building, to provide for annual leave and insurance for
A356, R388, H4879 138
Senate
Clerk, duties of; Budget Proviso Codification Act
A356, R388, H4879 138
Sergeant of Arms and Directors of Security, duties of
A356, R388, H4879 138
Telephone service for use by members and officers
A356, R388, H4879 138
State House Committee to approve additions and improvements to State House
A356, R388, H4879 138
GEOLOGY AND GEOLOGISTS
Well redefined to include any excavation made for purpose of environmental or geologic investigation when likely to penetrate water table; well driller license provisions
A185, R201, H3510 12
GEORGETOWN COUNTY
Crab pots, unlawful use of for commercial purposes on Pawley’s Island between May 1 and October 1; provisions
A247, R303, H4562 47
Game Zone No. 9, restrictions on shooting preserves repealed
A309, R406, S1226 85
Horry-Georgetown Technical College Commission
A292, R377, H3473 72
GOVERNOR
Budget Proviso Codification Act
A356, R388, H4879 138
Emergency, state of; public health emergency included, committee created to advise on public emergencies
A339, R428, H4416 114
Emergency, state of; registration of an agent for notification of declaration or termination of provided
A339, R428, H4416 114
Veterans Affairs Division
Vietnam War, veterans of; claims representative specializing in needs and diseases associated with provided for representation on Agent Orange Advisory Council and Hepatitis C Coalition
A294, R379, H3749 74
GREENVILLE COUNTY
Game Zone No. 01, bear, hunting and taking of; open season in
A209, R239, S893 28
HAMPTON COUNTY
Game Zone No. 11, wild turkey hunting; provisions regarding
A210, R240, S894 28
Lowcountry Technical College Area Commission
A292, R377, H3473 72
HANDICAPPED
Guide dog trainer, when training, has same rights and privileges with respect to access to public facilities and accommodations as blind and disabled persons
A204, R234, H4510 26
Medicare, persons under sixty-five that are eligible for due to a disability; major medical expense coverage extended to
A240, R284, S1020 43
Medicare, persons under sixty-five that are eligible for due to a disability; supplemental health insurance coverage extended for
A240, R284, S1020 43
HAZARDOUS AND NUCLEAR WASTE
Infectious waste less than fifty pounds, generators of; sharps required to be managed pursuant to certain provisions and regulations
A351, R462, H3978 134
Innovation in Environmental Approaches, pilot program to be administered by Department of Health and Environmental Control
A318, R354, H4258 91
HEALTH AND ENVIRONMENTAL CONTROL
Department
Animal facilities, owner or operator of; Department and Clemson University to create certification program for; provisions for the operation of animal waste management
A340, R432, H4944 118
Beaches, groin construction or reconstruction allowed on certain beaches with high erosion rates; monitoring program must be instituted to measure beach profiles; procedures for landowner adversely impacted by groin
A198, R219, H4413 21
Brownfields Voluntary Cleanup Program
Corporate income tax credit for expenses incurred by taxpayer in cleaning up site pursuant to the Brownfields Voluntary Cleanup program
A280, R356, H4548 65
County tax exemption for five years on property subject to nonresponsible party voluntary clean-up contract for which certificate of completion has been issued by department
A280, R356, H4548 65
Fee in lieu of taxes, eligibility investment thresholds to include amounts expended for costs incurred pursuant to Brownfields Voluntary Cleanup Program; provisions
A280, R356, H4548 65
Jobs tax credit, additional one thousand dollar credit for jobs created pursuant to the Brownfields Voluntary Cleanup Program
A280, R356, H4548 65
Communicable or epidemic diseases, reports and notice of a public health emergency provided
A339, R428, H4416 114
Hypodermic needles, authority to audit records and promulgate regulations deleted
R433, H4981 157
Infectious waste less than fifty pounds, generators of; sharps required to be managed pursuant to certain provisions and regulations
A351, R462, H3978 134
Innovation in Environmental Approaches, pilot program to be administered by
A318, R354, H4258 91
Neonatal testing, blood samples taken for and stored by the Department are confidential; parents, guardian, or child once eighteen to specify whether samples may be studied, returned, or destroyed; penalties
A225, R261, S204 35
Permit to alter critical area; department may adjust fees for under certain circumstances
A248, R305, H4589 48
Propane tanks, noncommercial; over-fill prevention devices not required for refilling of
A318, R354, H4258 91
Public health emergency, special powers provided for the Department during; to protect individual personal and property rights
A339, R428, H4416 114
Rabies Control Act, provisions revised
A343, R454, H3372 127
R382, H4260 154
Rabies, persons bitten by infected animal carrying; DHEC must ensure the availability of antirabic (Human) vaccine and globulin products
A285, R362, H4891 69
State registrar, reports of birth, death and fetal death to be transmitted to
A272, R345, S1023 60
Environmental systems operator, bottled water class operator; license requirements and qualifications for provided
A302, R390, H4912 81
Environmental systems operators, professional, under administration of Labor, Licensing and Regulation Department; well driller licenses, detailed provisions
A185, R201, H3510 12
Local health offices; enforcement assistance provided for during a public health emergency
A339, R428, H4416 114
Public health emergency, included in the Governor’s power to declare a state of emergency; committee provided to advise on public health emergencies
A339, R428, H4416 114
HEALTH AND HUMAN SERVICES DEPARTMENT
Emergency, state of; public health emergency included in; committee created to advise on public health issues
A339, R428, H4416 114
Information (211) network, provided to coordinate information and referrals for the Department
A339, R428, H4416 114
Medicaid
Budget Proviso Codification Act
A356, R388, H4879 138
Eligibility for, reports on returns verifying eligibility filed with the Revenue Department; disclosure of provided
A356, R388, H4879 138
HOLIDAYS
Memorial Day, flags flown atop State House to be lowered and displayed at half-staff on; half-staff defined
A226, R262, S439 36
HORRY COUNTY
Game Zone No. 7, restrictions on shooting preserves repealed
A309, R406, S1226 85
Horry-Georgetown Technical College Commission
A292, R377, H3473 72
Voting precincts, certain redesignated
A170, R172, H4272 3
HOTELS AND MOTELS
Accommodations, hospitality taxes
Local, references to the Tax Oversight Committee and definition of tourist deleted
A312, R410, H3851 87
Revenue, advisory committees of; appointment to by municipality or county receiving more than fifty thousand dollars required
A312, R410, H3851 87
Tourism-related lands and water access, use of revenue for
A312, R410, H3851 87
Trade practices, unfair act to rent or sell essential commodities and rent or lease dwelling units or self-storage facilities at unconscionable price during and within declared state of emergency, penalties
A339, R428, H4416 114
IMMIGRATION
Non-U.S. Citizens
Drivers’ licenses
Issuance of restricted to residents of the State; resident defined, person waiting for residence status may apply for an extension by the Department of Public Safety
A282, R359, H4670 66
INSURANCE
Agents, brokers
Insurance producer, qualifications established for issuance of producer license
A323, R411, H4096 95
Limited insurance licensee to include acting agents for motor vehicle rental companies authorized to sell insurance in connection with vehicle rental
A196, R217, H3822 19
Producers; uniform standard for performing duties of insurance producer established, detailed provisions
A323, R411, H4096 95
Technical correction to Advisory Board members, Association of Professional Insurance Agents name changed to the Professional Insurance Agents of South Carolina
A199, R220, H4430 22
Technical correction to Advisory Board members, South Carolina Association of Life Underwriters, name changed to South Carolina Association of Insurance and Financial Advisors
A199, R220, H4430 22
Captive insurance companies
Captive Insurance Regulatory and Supervision Fund
A188, R208, S965 14
Industrial; must comply with investment requirements; provisions
A228, R264, S982 37
Reports from; contents clarified
A228, R264, S982 37
Special purpose captive insurance companies, provisions regarding
A188, R208, S965 14
Department
Captive Insurance Regulatory and Supervision Fund, established; to provide director the financial means to administer expenses for captive insurance companies
A188, R208, S965 14
Government-owned telecommunications service providers, market rates to be determined by the department; provisions for rate of payment by provider
R441, S290 160
Joint Underwriting Association; date allowed to accept businesses; Department to promulgate regulations to enforce provisions
A228, R264, S982 37
Motor vehicle rental companies, department authorized to issue limited licensing to motor vehicle rental companies to sell or offer insurance
A196, R217, H3822 19
Special purpose captive insurance companies, director has authority to exempt certain companies from provisions of Chap. 90 of Title 38 if deems appropriate
A188, R208, S965 14
Special purpose captive insurance companies, director to determine amount of unimpaired capital and free surplus a company must possess to be licensed by; provisions
A188, R208, S965 14
Group accident, extension of liability; certain matters clarified
A228, R264, S982 37
Insurer, dividends and distributions; earned surplus requirement deleted
A228, R264, S982 37
Insurers, board of directors; technical changes to how appointed
A228, R264, S982 37
Investments of Insurers Act
A319, R391, H5037 92
Joint Underwriting Association, chapter 90 of Title 38, time in effect extended
A228, R264, S982 37
Life insurers, funeral directors acting as agents for; provisions requiring verification of preneed funeral contracts by State Board of Funeral Service deleted; certain temporary provisions provided
A313, R412, H4180 87
Medical and dental
Budget Proviso Codification Act
A356, R388, H4879 138
Health coverage, extension of liability; certain matters clarified
A228, R264, S982 37
Health insurance pool, members of; assessment of all, formula for credit limit provided
A240, R284, S1020 43
Health maintenance organization; subject to the Insurance Regulatory Act
A228, R264, S982 37
Insurance pool, health insurance and individual market defined
A240, R284, S1020 43
Major medical expense coverage, extended to individuals under sixty-five that are eligible for medicare because of a disability
A240, R284, S1020 43
Mandates, task force created to conduct a comprehensive review of; findings to be reported to the General Assembly
A338, R430, H4583 114
Medicare supplemental health insurance, coverage extended to individuals under, Sixty-five who are eligible for medicare because of a disability
A240, R284, S1020 43
Mental health benefits; deadline for extended
A228, R264, S982 37
Surgical benefits, deadline for; and services extended
A228, R264, S982 37
Motor vehicle
Glass repair business, certain conduct in considered a misdemeanor
A215, R248, H3598 31
Insurance provider, procedures by which the provider must notify the Department of Public Safety of a lapsed, terminated policy revised; Department must be notified of a renewal or first time policy
A324, R415, H5105 96
Insurer, Public Safety Department may authorize alternative methods for providing notices of new policies; certain provisions deleted
A324, R415, H5105 96
Motorist Insurance Identification Database Program Act
A324, R415, H5105 96
Rental companies authorized to sell or offer insurance in connection with rental of vehicle
A196, R217, H3822 19
Special Purpose Reinsurance Vehicle Model Act
A259, R320, S1045 54
Special purpose reinsurance vehicles; included in definition of a person
A228, R264, S982 37
Uninsured motorist
Surrendering of license plates; provisions for insurers to notify Public Safety Department
A324, R415, H5105 96
Premium, disposition of; fee increased, distribution of fee revised
A324, R415, H5105 96
Premiums, advancing of by insurance producers, detailed provisions
A323, R411, H4096 95
Producers, uniform standard for performing duties of insurance producer established; detailed provisions
A323, R411, H4096 95
Property and casualty, “exempt commercial policies” further defined; to exempt commercial policies from rate filing requirement
A300, R387, H4852 79
Security and borrower, related to consumer finance law; technical changes
A228, R264, S982 37
Special Purpose Reinsurance Vehicle Model Act
A259, R320, S1045 54
Surplus line insurers, warning stamped on policy; language clarified
A228, R264, S982 37
Title insurance; not a multiple line insurance
A228, R264, S982 37
Unemployment insurance; Budget Proviso Codification Act
A356, R388, H4879 138
Uniform standards for performing duties of insurance producer established
A323, R411, H4096 95
JASPER COUNTY
Game Zone No. 11, wild turkey hunting; provisions regarding
A210, R240, S894 28
Lowcountry Technical College Area Commission
A292, R377, H3473 72
JURIES AND JURORS
Criminal cases
Life imprisonment means until the death of defendant without possibility of parole, judge to charge jury in instructions upon request in death penalty trial
A278, R353, H3819 64
Grand Jury, state
Computer crimes, jurisdiction over provided
A339, R428, H4416 114
Terrorism, jurisdiction over provided; terrorism defined
A339, R428, H4416 114
JUVENILE JUSTICE DEPARTMENT
Officer, former; murder of is a statutory aggravated offense when the death penalty is imposed
A224, R260, S182 35
KERSHAW COUNTY
Central Carolina Technical College Commission
A292, R377, H3473 72
LABOR
Labor and material bonds, to prohibit the state, a political subdivision, or other public entity from requiring that a bond be furnished by a particular surety company or through a particular agent or broker
A253, R310, H4823 50
Wages, political subdivisions may not mandate or require minimum wage which exceeds the set federal minimum wage
A243, R296, H3289 46
LABOR, LICENSING, AND REGULATION DEPARTMENT
Burglar alarm system business, definition of “registered” revised; person seeking license to engage in must complete training course; provisions for canceling and renewing license
R439, S41 158
Burglar alarm system industry, under administration of; certain licensure fees to include primary qualifying party certificate
R439, S41 158
Environmental systems operators, professional, under administration of LLR; well driller licenses, detailed provisions
A185, R201, H3510 12
Perpetual Care Cemetery Board established, may promulgate regulations approved by Director of; requirements for burial vaults, cemeteries, and licenses revised
A322, R409, H3515 93
Public health emergency, special powers granted to the Department during; to protect individual personal and property rights
A339, R428, H4416 114
Residential Builders Commission, under Administration of; licensure of residential builders and specialty contractors, home inspectors provided for
R440, S237 158
Right to work law, provisions and penalties revised; to establish administrative review of penalties assessed by
A357, R426, H3142 152
Social Work Examiners Board, under administration of; social work licensure classification, areas, and scope of practice revised, conversion period provided
A189, R209, H3447 15
Well driller licenses, detailed provisions regarding
A185, R201, H3510 12
LANCASTER COUNTY
Game Zone No. 4, wild turkey hunting permitted on Sunday; on private property
A255, R316, S813 52
LAURENS COUNTY
Voting precincts, certain redesignated
A191, R211, H4567 16
LAW ENFORCEMENT
Fingerprinting and criminal records check of persons petitioning family court for name change
A346, R427, H3906 129
Motor vehicle accident involving law enforcement or Public Safety Department vehicle, investigation of; provisions when agency to investigate lacks expertise to conduct
A277, R352, H3328 63
Motor vehicles directed towed by law enforcement, time period before certain actions may be taken modified; sheriff or designee or police chief or his designee authorized to carry out actions
A348, R452, H3049 130
Officers
Body fluids, felony violation for detainee, person taken into custody, or a person under arrest to throw body fluids on state and local law enforcement officer or visitor; person convicted may be tested for diseases
A238, R280, H4728 42
Candidates, period of time in which must obtain certification extended in in certain circumstances
A298, R384, H4514 77
Constables, volunteer state; provisions regarding workers’ compensation insurance
A339, R428, H4416 114
Police officers, provisions regarding lump sum payment for accrued annual leave, exemption from grievance procedures, earnings limitations, and minimum interval before retired member may return without affecting allowance
A356, R388, H4879 138
Retired, state or federal; must meet certain qualifications to be certified
A298, R384, H4514 77
Retirement System, Budget Proviso Codification Act
A356, R388, H4879 138
Private investigators license, cause of action against licensee who has maintained surety bond; provisions for licensee who has maintained their license provided; technical changes
A339, R428, H4416 114
Sheriffs
County, authorized to charge fee per day for each federal prisoner housed in a county jail pursuant to a contractual agreement
A283, R360, H4757 67
Towing of vehicles, time period that must elapse before law enforcement may take certain actions modified; sheriff or police chief designee authorized to carry out actions
A348, R452, H3049 130
Warrants issued by certain magistrates, sheriffs given statewide territorial jurisdiction to serve upon incarcerated inmates; provisions
A348, R452, H3049 130
State Law Enforcement Division
Concealable weapon permits; certain requirements of applicant revised, provisions when SLED may revoke
A274, R349, H3010 61
Criminal record check required for caregivers employed by a nursing home, adult daycare facility, home health agency, and community residential care facilities; provisions
A242, R294, H3145 45
Criminal record check, person petitioning family court for name change must have
A339, R428, H4416 114
Criminal record checks required for employing firefighters and prospective firefighters, certain conditions for revised; Division not required to implement certain provisions until funded by the General Assembly
A224, R260, S182 35
Weapons of mass destruction, local law enforcement who encounter must report occurrence to the Division
A339, R428, H4416 114
Stephanie’s Law
A325, R437, S1208 98
Vehicles, emergency or police; driver to yield right-of-way to; all drivers to yield when police vehicle uses both visual and audible signals
A348, R452, H3049 130
LEE COUNTY
Central Carolina Technical College Area Commission
A292, R377, H3473 72
LEGISLATIVE AUDIT COUNCIL
Records and audit working papers, confidential at all times
A244, R297, H3436 46
LEGISLATIVE COUNCIL
Budget Proviso Codification Act
A356, R388, H4879 138
Code of Laws
Advance sheets, and printing of acts and joint resolutions; technical changes regarding the establishment of the office of Legislative Printing, Information and Technology Systems
A333, R431, H4676 106
A356, R388, H4879 138
LEGISLATIVE PRINTING, INFORMATION AND TECHNOLOGY SYSTEMS
Budget Proviso Codification Act
A356, R388, H4879 138
Establishment of
A333, R431, H4676 106
A356, R388, H4879 138
LEXINGTON COUNTY
Lake Murray, size limit on taking of striped bass effective during summer months; during July and August it is unlawful to take more than two that are less than the legal size limit
A214, R247, H3481 31
Midlands Technical College Commission, members; number of appointed by the Governor from on recommendation of the Lexington County delegation increased from four to five
A326, R448, S1131 100
Richland-Lexington Airport Commission, members increased; method of appointment provided
A326, R448, S1131 100
School districts
No. 05, Trustees, election of provided; Richland County School District Property Tax Relief Act
A326, R448, S1131 100
Voting precincts designated
A239, R282, H5005 43
LOTTERY
Lottery Commission, authorized to enter into a multi-state agreement; Budget Proviso Codification Act
A356, R388, H4879 138
Revenue, authorized use of
A356, R388, H4879 138
Revenue, to be used to fund Centers of Excellence Matching Endowment Fund
A356, R388, H4879 138
Revenue, transfer of funds from; Budget Proviso Codification Act
A356, R388, H4879 138
Tickets/Retailers
Retail dealer of alcoholic beverages may sell
A353, R469, H4426 135
MARION COUNTY
Francis Marion University Trustees may enter into ground lease agreement with private entity for on-campus student housing facilities; terms, conditions, approval of
A227, R263, S868 37
Francis Marion University, Trustees; number of members may exceed five; board meetings may be held in locations other than Florence
A320, R400, S966 92
MARLBORO COUNTY
Northeastern Technical College Area Commission
A292, R377, H3473 72
MEDICAL
Attendant care services, person who is not a licensed nurse authorized to provide in-home care services on or on behalf of individual
A337, R459, H3817 113
Birth, death, and fetal death; reports of to be transmitted to state registrar
A272, R345, S1023 60
Blood samples taken from children are confidential; parents, guardian, or child once eighteen to specify whether samples may be used for studies, returned, or destroyed; penalties
A225, R261, S204 35
Communicable diseases
Communicable diseases and epidemic diseases, reports and notice of public health emergency provided
A339, R428, H4416 114
Hepatitis B, higher learning institutions required to inform students of the health risk while living on campus; institutions may elect to participate
A317, R417, H5133 90
Meningitis, higher learning institutions required to inform students of the health risk while living on campus; institutions may elect to participate
A317, R417, H5133 90
Criminal record check required for caregivers employed by nursing homes, adult daycare facilities, home health agencies, and community residential care facilities; provisions
A242, R294, H3145 45
Death certificate, cause of death on by medical examiners and deputies, technical changes; sign, signed and signature defined
A272, R345, S1023 60
Emergency medical services
Consultant pharmacist, durable emergency medical services not required to have; certain health professionals authorized to perform these duties
A314, R413, H4909 88
HAZMAT, member of; included in base point system used for emergency workers, income tax deduction provided for
R466, H4337 164
Pharmacist consultant, emergency medical services not required to have; certain health professionals authorized to perform these duties
A314, R413, H4909 88
Rescue squad or HAZMAT member, income taxes; three thousand dollar deduction provided for
R466, H4337 164
Rescue squads, ambulances, law enforcement, emergency or police vehicles; driver to yield right-of-way to, all drivers to yield when police vehicle uses both visual and audible signals
A348, R452, H3049 130
Emergency medical services are not required to have a consultant pharmacist, certain health professionals authorized to perform these duties
A314, R413, H4909 88
Hospice patient, admitted under physician certification under Medicare meets unable to consent requirement
A351, R462, H3978 134
Hospitals
Defendant hospitalized on grounds of not guilty by reason of insanity may not leave hospital premises unless hospital employee physically present with
A348, R452, H3049 130
Hypodermic needles, DHEC’s authority to audit records and promulgate regulations pertaining to deleted
R433, H4981 157
Hypodermic needles, sale of; records pertaining to and circumstances when signatures are required to obtain repealed
R433, H4981 157
Maternal, Infant, and Child Health Act and Council; provisions repealed
A262, R325, H3957 55
Medical equipment facilities, not required to have a pharmacist consultant; certain health professionals authorized to perform these duties
A314, R413, H4909 88
Organ donors, public officers and employees entitled to certain paid leaves of absence in order to be
A347, R444, S830 130
Physicians and surgeons
FLEX and COMVEX examinations, provisions regarding
A213, R245, S1160 30
Physicians licensed in another state that is employed for a team that is visiting in the state only treating members of the team, coaches, and staff is exempt from being licensed in this State
A316, R416, H5106 90
Rabies, persons bitten by infected animal carrying; department must ensure the availability of antirabic (Human) vaccine and globulin products
A285, R362, H4891 69
MENTAL HEALTH
Benefits, insurance; deadline for extended
A228, R264, S982 37
Patients
Defendant hospitalized on grounds of not guilty by reason of insanity may not leave hospital premises unless hospital employee physically present with
A348, R452, H3049 130
MINING
Excavation or demolition operations, association for operators to file annual report covering activities and operations for preceding year to certain legislative committees
A216, R249, H3613 31
MINORS
Abused, neglected
Child protective services, Department of Social Services to conduct substantive quality review every five years of offices of child protective services in each county; report to be posted on department’s Website
A166, R167, S511 1 1
Delinquency and neglect case in a divorce proceeding, schedule for distributing revenue derived from the fees and cost provided
A329, R470, H4431 102
Stephanie’s Law
A325, R437, S1208 98
Adoption
Adoption offices, Department of Social Services to conduct substantive quality review every five years of each adoption office in the State; report to be posted on department’s Website
A166, R167, S511 1
Court may approve of an adoption without approving unreasonable fees and costs
A345, R423, S1249 128
Final decree, agreement made before the adoption between the adoptive and biological parents concerning visitation, communication, and other interactions does not affect
A345, R423, S1249 128
Birth and fetal death reports must be transmitted to the state registrar instead of the county registrar
A272, R345, S1023 60
Child custody
Guardian ad litem who is not an attorney, counsel must be appointed in contested cases
A345, R423, S1249 128
Child support
Consent or relinquishment for an adoption relieves a person of all rights and obligations including child support
A345, R423, S1249 128
Daycare centers
Childcare, term used in place of “child day care” and “daycare” in Children’s Code
R463, H4094 162
Dependent children; fees, costs, and allowances charged in certain actions of support for increased; revenue must be remitted according to provisions
A329, R470, H4431 102
Foster care
County offices of foster care programs, Department of Social Services to conduct substantive quality review of every five years; report to be posted on department’s Website
A166, R167, S511 1
Home schooling, foster parent may teach foster child at home if approved by Social Services Department or agency having custody of child
A276, R351, H3174 63
Guardian Ad Litem Program
Appointments of; are in actions pertaining to custody or visitation
R442, S322 161
Contested cases, guardian ad litem who is not an attorney must be appointed counsel
A345, R423, S1249 128
Private Guardian Ad Litem Reform Act
R442, S322 161
Juveniles
Youthful offenders
Criminal records, fifteen years after convicted as a youthful offender; authorized to apply to circuit court for an order of expungement
R480, H5269 167
Maternal, Infant, and Child Heath Act and Council; provisions repealed
A262, R325, H3957 55
Neonatal testing, blood samples for are confidential; parents, guardian, or child once eighteen to specify whether samples may be used for studies, returned, or destroyed; penalties
A225, R261, S204 35
Trucks, unlawful to transport persons under fifteen years of age in the open bed or cargo area of a pickup truck or trailer, exceptions provided
A181, R191, H3933 8
Uniform Gift to Minors Act, required age of distribution is twenty-one; provisions to permit distribution at eighteen provided
R464, H4154 163
MOBILE HOMES
Modular building industry representative and code enforcement officer added to membership of Building Codes Council; all members are voting members; call of meetings provided
A173, R182, S45 4
MOTOR VEHICLES
Abandoned; sheriff, chief of police, or their designee may sell certain abandoned vehicles at public auction
A195, R216, H3403 19
Accidents
Law enforcement or Public Safety Department vehicle involved in, investigation of; provisions when agency to investigate lacks expertise to conduct
A277, R352, H3328 63
Confiscation, forfeiture, or impoundment of
Abandoned; sheriff, chief of police, or their designee may sell certain at public auction
A195, R216, H3403 19
Timber theft in excess of five thousand dollars; confiscation of all motor vehicles, tractors, trailers, etc. and equipment involved in commission of
A288, R365, H5060 70
Consolidated Procurement Code; solicitation, bid, offer, or procurement of a motor vehicle excepted
A356, R388, H4879 138
Dealers, wholesalers
Motor vehicle license plates, temporary plates established and provided for
A251, R298, H3678 49
Driver training course
Student certificate of completion requirements, procedures for approving qualified out-of-state students
A181, R191, H3933 8
Drivers’ licenses
Beginner’s permit, period of time person must hold before full licensure and who must accompany while permittee driving revised; to delete the provision that defines daylight hours
A181, R191, H3933 8
Commercial
Fire-hire motor vehicle carrier of property may not operate in the state without a Class E license; provisions and exceptions
A301, R389, H4894 79
Motor vehicles that are greater than twenty-six thousand pounds, additional information regarding must be provided to Department of Transportation
A301, R389, H4894 79
Motor vehicles; to suspend, revoke, or not issue a registration card and license plate for a commercial vehicle carrier who has been prohibited from operating by a federal agency
A301, R389, H4894 79
Conditional license, number of passengers under twenty-one under twenty one that license holder may transport limited; requirements before issuance to include forty hours of driving practice; point assessment for traffic offenses
A181, R191, H3933 8
Issuance of restricted to residents of the State, resident defined; person waiting for residence status may apply for an extension by the Department of Public Safety
A282, R359, H4670 66
Photograph requirement, exemptions from; provisions repealed
A339, R428, H4416 114
Selective Service System, Public Safety Department to provide registration for certain persons at time issues or renews licenses or identification cards; provisions
A305, R398, S634 82
Special restricted
Court ordered drug program, person who has a suspended license due to a controlled substance or alcohol related violation must complete for a special restricted license
A348, R452, H3049 130
A354, R472, H4607 136
A296, R381, H3959 75
Person who holds a special restricted license, provisions and restrictions for provided
A348, R452, H3049 130
A296, R381, H3959 75
A354, R472, H4607 136
Requirements before issuance of to include forty hours of driving practice; approval of out-of-state driver’s training courses
A181, R191, H3933 8
Route restricted or special restricted, person may use to attend Alcohol and Drug Safety Action Program classes, provisions
A348, R452, H3049 130
A296, R381, H3959 75
A354, R472, H4607 136
Traffic offenses, provisions regarding point assessment
A181, R191, H3933 8
Suspension, DUI, and DUS
Alcohol and Drug Safety Program classes, person may use route restricted or special restricted license to attend; provisions
A348, R452, H3049 130
A354, R472, H4607 136
A296, R381, H3959 75
Breath test or registering over legal alcohol limit, challenge to suspension for; fee is limited to fifty dollars for requesting challenge
A235, R276, H4615 41
Court ordered drug program, person who has a suspended license because of an alcohol related or controlled substance violation must complete for a special restricted license
A348, R452, H3049 130
A354, R472, H4607 136
DUS, magistrate’s court may hear offense when licensed is suspended for reasons other than driving while under influence of alcohol or drugs
A263, R327, H4030 56
Electric Personal Assistive Mobility Devices (EPAMD), operation and regulation of provided for
A269, R334, H4954 59
Emergency, law enforcement vehicles
Accidents involving, investigation of; provisions when agency to investigate lacks expertise to conduct
A277, R352, H3328 63
Drivers to yield right-of-way to, all drivers to yield when police vehicle uses both visual and audible signals
A348, R452, H3049 130
Glass repair business, certain conduct considered a misdemeanor
A215, R248, H3598 31
Glass repair business, certain conduct considered unfair trade practice
A215, R248, H3598 31
Identification cards
Selective Service System, Public Safety Department to provide registration for certain persons at time issues or renews drivers’ licenses or identification cards; provisions
A305, R398, S634 82
License plates
American Legion special plates
A354, R472, H4607 136
Artificial Reef special license plates
A352, R467, H4383 135
Commercial motor vehicles; to suspend, revoke, or not issue a registration card and license plate for a commercial vehicle carrier who has been prohibited from operating by a federal agency
A301, R389, H4894 79
Conserve South Carolina, issuance of special plates provided and funds credited to Conservation Bank Trust Fund
A200, R228, S297 22
General Assembly, former members who are eligible for retirement; special license plates provided
A349, R455, H3485 133
God Bless America special license plates
A218, R251, H4432 32
Heritage Classic Foundation special license plates
A264, R328, H4412 56
In God We Trust special license plates
A236, R277, H4652 42
Mayors, issuance of special plates also provided to
A349, R455, H3485 133
Military and Veterans
National Guard, issuance of special to members of; application to include copy of military identification card
A193, R213, S504 17
State Guard, issuance of special to members of; application to include copy of military identification card
A193, R213, S504 17
Morris Island Light House special license plates
A264, R328, H4412 56
No More Homeless Pets, special license plates provided for
A266, R330, H4530 57
Nonprofit organization special license plates, organizations certified under 501(C)(8) of Internal Revenue Code qualify to be issued
A194, R214, S597 18
Nurses, special license plates provided for
A290, R375, S1167 71
Penn Center, special license plates provided for
A290, R375, S1167 71
Rotary International, Department of Public Safety may assess optional additional fee for cost of producing and administering; provisions
A354, R472, H4607 136
Share the Road special license plates provided for
A264, R328, H4412 56
Special, fees collected for to be placed in special account to be used to defray cost of producing
A193, R213, S504 17
A194, R214, S597 18
A264, R328, H4412 56
A354, R472, H4607 136
Special, fees collected for; portion of to be used to defray the cost of producing the special plate
A352, R467, H4383 135
A218, R251, H4432 32
Surrendering plates to the Revenue Department when a motor vehicle is uninsured; provisions deleted
A324, R415, H5105 96
Technology Alliance special plates issued
A237, R278, H4680 42
Temporary plates established and provided for
A251, R298, H3678 49
United We Stand; special, created
A236, R277, H4652 42
Motor Vehicle Management Council; certain provisions for deleted or repealed
A311, R408, H3324 86
Motor homes/recreational vehicles
Annual trip permits may be issued to manufacturers or dealers of motor homes, travel trailers, and truck campers
A197, R218, H3931 20
Maximum length for motor homes allowed on State’s highways provided
A197, R218, H3931 20
Maximum width for appurtenances on motor homes, travel trailers, and truck campers provided
A197, R218, H3931 20
Motorist Insurance Identification Database Program Act
A324, R415, H5105 96
Passengers, restrictions on number of persons under twenty-one minors may transport
A181, R191, H3933 8
Passengers, unlawful to transport persons under fifteen years of age in the open bed or cargo area of a pickup truck or trailer, exceptions provided
A181, R191, H3933 8
Procurement Code; solicitation, bid, offer, or procurement of a motor vehicle excepted
A333, R431, H4676 106
Public transit system, municipality and public utility may mutually agree to transfer obligation in order to provide transportation
A212, R244, S1154 30
Registration and titling
Commercial motor vehicles; to suspend, revoke, or not issue a registration card and license plate for a commercial vehicle carrier who has been prohibited from operating by a federal agency
A301, R389, H4894 79
Interstate carriers, Public Safety Department authorized to enter base-state agreements for registration of carriers
A301, R389, H4894 79
Nonresident; requirements for nonresident owner and auditor of county in which vehicle owned or leased; penalties for late registration provided
A275, R350, H3014 62
Temporary license plates established and provided for
A251, R298, H3678 49
Title, transfer of; Public Safety Department may charge fee of ten dollars for
A349, R455, H3485 133
Rental companies authorized to sell or offer insurance in connection with rental of vehicle
A196, R217, H3822 19
Repairs
Glass repair business, certain conduct considered unfair trade practice
A215, R248, H3598 31
School bus, penalty revised for first offense violation of unlawfully passing stopped bus; provisions
R292, S963 154
Special Purpose Reinsurance Vehicle Model Act
A259, R320, S1045 54
Towing of vehicle, time period that must elapse before law enforcement may take certain actions modified
A348, R452, H3049 130
Trucks
Commercial motor vehicles that are greater than twenty-six thousand pounds, additional information regarding must be provided to the Department of Public Safety
A301, R389, H4894 79
Commercial motor vehicles; to suspend, revoke, or not issue a registration card and license plate for a commercial vehicle carrier who has been prohibited from operating by a federal agency
A301, R389, H4894 79
Farm truck, includes a truck transporting certain horticultural products
A340, R432, H4944 118
Fire-hire motor vehicle carrier of property may not operate in state without a Class E license; provisions and exceptions
A301, R389, H4894 79
Passengers, unlawful to transport persons under fifteen years of age in the open bed or cargo area of a pickup truck or trailer, exceptions provided
A181, R191, H3933 8
Width of, to provide for maximum width for appurtenances on motor homes, travel trailers, and truck campers
A197, R218, H3931 20
Windshields; vehicle glass repair business, certain conduct considered unfair trade practice
A215, R248, H3598 31
MUSEUMS
Home School Awareness Week, home school students have same special admission to facilities during this week only
A276, R351, H3174 63
NATIVE AMERICANS
Employment security law, employment defined to include service performed in the employ of a Native American tribe
A306, R399, S668 82
NATURAL RESOURCES DEPARTMENT
Artificial reefs, to establish and maintain with revenue from special license plates; proceeds to be used to establish and maintain artificial reefs along the coast
A352, R467, H4383 135
Bear, hunting and taking of; open season in Game Zone No. 1; requirement that bear taken be reported to department’s Clemson office; penalties provided
A209, R239, S893 28
Capital improvement bonds, authorization for the Department reallocated
R475, H4835 166
Confiscated devices, Department must sell devices that are not used or destroyed
A342, R443, S379 121
Conservation Bank Act
A200, R228, S297 22
Dolphin or porpoise, mammalian; unlawful to interfere with normal activity and well-being of except when authorized by federal permit
A178, R188, H3361 6
Emergency, state of; Department authorized to close fishing seasons, area, or activities during
A342, R443, S379 121
Heritage Trust Program
Conservation easement, approval by Advisory Board required when conveyed by counties and municipalities involving grants or loans by Conservation Bank
A200, R228, S297 22
Operation Game Thief Program, additional funding from sale of paraphernalia; funds expended for reward payments and for operational improvements to Property Watch Program, Coastal Watch Program, and other programs within
A304, R397, S320 81
Saltwater recreational fishing licenses, various types of provided; Department to create and design stamp and license and develop prints; additional members to Advisory Committee
A178, R188, H3361 6
Turtle excluder devices, size of escape openings increased
A260, R321, S1061 55
Water recreational resources fund, special; created within department
A187, R205, S856 13
Wildlife management area lands, certain activities defined as unlawful abuses of; unlawful to enter after losing privilege to enter; penalties provided
A257, R318, S969 53
NEWBERRY COUNTY
Lake Murray, size limit on taking of striped bass effective during summer months; during July and August it is unlawful to take more than two that are less than the legal size limit
A214, R247, H3481 31
Voting precincts
A355, R481, H5321 137
OCONEE COUNTY
Game Zone No. 01, bear, hunting and taking of; open season in
A209, R239, S893 28
School districts
Interscholastic soccer, students participating in may participate in organized soccer independent of control of school
A321, R404, S1157 92
Tri-County Technical College Commission
A292, R377, H3473 72
ORANGEBURG COUNTY
Game Zone No. 06, wild turkey hunting; provisions regarding
A210, R240, S894 28
Santee Cooper Counties Promotions Commission, terms of members increased; provisions
A270, R341, S633 59
Voting precincts
A249, R290, S1240 48
PARKS, RECREATION AND TOURISM
Accommodations, hospitality taxes
Local, references to Tax Oversight Committee and definition of Tourist deleted
A312, R410, H3851 87
Revenue, advisory committees of; appointment to by municipality or county receiving more that fifty thousand dollars required
A312, R410, H3851 87
Tourism-related lands and water access, use of revenue for
A312, R410, H3851 87
Boyleston Gift House; Budget Proviso Codification Act
A356, R388, H4879 138
Concealable weapon permit, person may possess weapon and ammunition at park or facility under jurisdiction of department
A274, R349, H3010 61
Conservation Bank Act
A200, R228, S297 22
Conservation Bank Trust Fund, department authorized to use funds from beach conservation and to acquire property adjacent to State parks
A200, R228, S297 22
Department
Budget Proviso Codification Act
A356, R388, H4879 138
Parks, fees at recreational facilities; Budget Proviso Codification Act
A356, R388, H4879 138
Santee Cooper Counties Promotions Commission, terms of members increased; provisions
A270, R341, S633 59
PHARMACIES AND PHARMACISTS
Athletic department pharmacies, Colleges and Universities; Budget Proviso Codification Act
A356, R388, H4879 138
Board of
Permits issued by; Budget Proviso Codification Act
A356, R388, H4879 138
Prescription drug theft and pharmacy employee drug convictions; time increased for reporting to the board
A314, R413, H4909 88
Controlled substances, provisions for dispensing and supplying specific substances; exception provided
R433, H4981 157
Permit renewal procedures, clarified; change of name or owner is a requirement for renewal
A314, R413, H4909 88
Pharmacist consultant, emergency medical services and durable medical equipment facilities not required to hire; certain health officials may perform duties
A314, R413, H4909 88
Pharmacist-in-charge not required to employ certified pharmacy technicians provided there is adequate staff
A314, R413, H4909 88
Pharmacist-in-charge; Budget Proviso Codification Act
A356, R388, H4879 138
Pharmacy Practice Act, “certified pharmacy technician” defined
A314, R413, H4909 88
Pharmacy technician, registered; required to take continuing education courses
A314, R413, H4909 88
Pharmacy technicians application and renewal procedures and qualifications revised
A314, R413, H4909 88
Practitioners may dispense complimentary trial drugs owned by corporate entity
A314, R413, H4909 88
Prescriptions, generic; pharmacist authorized to maintain generic substitution records electronically
A314, R413, H4909 88
PICKENS COUNTY
Game Zone No. 01, bear, hunting and taking of; open season in
A209, R239, S893 28
Tri-County Technical College Commission
A292, R377, H3473 72
POLITICAL SUBDIVISIONS
Bonded indebtedness, capital projects sales tax revenues to be used to pay; Revenue Department to collect tax through quarter which county certifies no outstanding bonds
A334, R445, S852 107
Bonds, certain; political subdivisions prohibited from requiring a bond to be furnished by a particular surety company or through a particular agent
A253, R310, H4823 50
Counties
Accommodations, hospitality taxes
Local, references to the Tax Oversight Committee and definition of tourist deleted
A312, R410, H3851 87
Revenue, advisory committees of; appointment to by municipality or county receiving more than fifty thousand dollars required
A312, R410, H3851 87
Capital projects sales tax, revenue to be used to pay debt service on bonds issued to fund approved projects, referendum and reporting requirement
A334, R445, S852 107
County registrar, reports of birth, death and fetal death no longer reported to
A272, R345, S1023 60
Fees, schedule of fees and costs to be collected by clerks of court, registers of deeds, or county treasurers; uniform fee increases
A329, R470, H4431 102
Jails, contract for housing of federal prisoners committed to a county jail, revision of fee and its distribution
A283, R360, H4757 67
Legislative delegations to make recommendations to Department of Natural Resources for projects pursuant to the special water recreational resources fund
A187, R205, S856 13
Property taxes, delinquent tax sale to collect municipal taxes held in conjunction with delinquent tax sale to collect county taxes may take place at public place in county instead of municipality
A179, R189, H3633 7
Richland County School District Property Tax Relief Act
A326, R448, S1131 100
Scenic rivers, acquisition of land next to by the Budget and Control Board; legislative delegation rather than the governing body in which the land is located must approve of
A222, R257, H4883 34
Social services boards, legislative delegations authorized to terminate by written resolution and two-thirds vote based on weighted voting percentages
R468, H4402 165
Local government agency that participates in farm product research, unlawful to damage or destroy equipment, research, or facilities of; penalties
A232, R273, H3838 40
Municipalities
Accommodation revenue, advisory committees of; appointment to by municipality or county receiving more than fifty thousand dollars required
A312, R410, H3851 87
Government-owned telecommuncations service providers, owned or operated by a municipality; exempt from regulation by the Public Service Commission
R441, S290 160
Mayors, issuance of special motor vehicle license plates also provided to
A349, R455, H3485 133
Minibottle permits, Sunday; municipalities may hold referendums, provisions
A353, R469, H4426 135
Prisoners, municipalities authorized to charge fee per day for each federal prisoner housed in a county jail pursuant to a contractual agreement
A283, R360, H4757 67
Property taxes, delinquent tax sale to collect municipal taxes held in conjunction with delinquent tax sale to collect county taxes may take place at public place in county instead of municipality
A179, R189, H3633 7
Public transit systems, municipality and public utility may mutually agree to transfer obligation to provide a public transit system
A212, R244, S1154 30
Tax increment financing, redevelopment projects; period within which municipality may issue obligations to finance lengthened; provisions for municipality when redevelopment project located outside of project area
A207, R237, S675 27
Procurement contracts, political subdivisions prohibited from requiring a bond to be furnished by a particular surety company or through a particular agent
A253, R310, H4823 50
Public transit system, public utility and municipality may mutually agree to transfer the obligation in order to provide transportation
A212, R244, S1154 30
Special purpose, public service districts
Facilities owned by, protection of provided
A339, R428, H4416 114
Wages, may mandate or require minimum wage which exceeds the set federal minimum wage
A243, R296, H3289 46
PORTS AUTHORITY, STATE
Board, State rather than Budget and Control Board to provide certain indemnification to; Budget Proviso Codification Act
A356, R388, H4879 138
Terminal facility, Authority required to begin environmental study and the permitting process for a new terminal on the west bank of the Cooper River
A256, R317, S926 52
PRISONS AND PRISONERS
Contract for housing of federal prisoners committed to a county jail, revision of fee and its distribution
A283, R360, H4757 67
Inmates, incarcerated; sheriffs gives statewide jurisdiction to serve warrants issued by certain magistrates; provisions
A348, R452, H3049 130
Interstate Compact for Adult Offender Supervision
A273, R346, S1172 60
PROBATION, PAROLE AND PARDON
Interstate Compact for Adult Offender Supervision
A273, R346, S1172 60
Life imprisonment means until the death of defendant without possibility of parole, judge to charge jury in instructions upon request in death penalty trial
A278, R353, H3819 64
Probation, Parole, and Pardon Services Department
Clothing and meals for employees provided
A356, R388, H4879 138
Electronic monitoring, person placed on must be assessed a fee
A356, R388, H4879 138
Hearings, fee to be approved by Budget and Control Board
A356, R388, H4879 138
PROPERTY
American flag; lawful flying of; no contract, deed, lease, rental agreement, or homeowner association may restrict
A344, R479, H5259 128
Conservation Bank Act
A200, R228, S297 22
Deeds
Probate court, deed of distribution; requirement that it be examined by court before filing or accompanied by affidavit at filing deleted
A174, R183, S92 4
Recording fee, portion of to be deposited in Conservation Bank
A200, R228, S297 22
Register of Deeds, county; uniform increase in fees collected by
A329, R470, H4431 102
Easements
Conservation easement, approval by Heritage Trust Advisory Board required when conveyed by counties and municipalities involving grants or loans by Conservation Bank
A200, R228, S297 22
Estates and Probate Reform Act
R464, H4154 163
Historic Rehabilitation Incentives Act
A229, R270, H3163 38
Homestead exemption
Personal representative of estate of deceased taxpayer is deemed the agent; refund may be claimed in certain circumstances after 2000
A297, R383, H4386 76
Primary residence subject to vacation rental for no more than ninety days; four percent tax assessment provided for
A336, R456, H3601 112
Real estate
Joint tenancy, when joint tenants join in encumbrance the the real estate is encumbered
R464, H4154 163
Magistrates, to have concurrent jurisdiction of interpleader actions filed over claims of disputed real estate earnest money when dispute doesn’t exceed jurisdictional limit of
A184, R200, H3107 11
Real property, leasing of by a government entity; Budget Proviso Codification Act
A356, R388, H4879 138
Real property, state entity that acquires property from the federal government, is permitted the same use as the federal government
A256, R317, S926 52
Rental
Public utility providing sewerage services; landlord may not be required to be responsible for charges billed to the tenant
A336, R456, H3601 112
Tenants, responsibility of; responsible for utilities, water, sewerage, and garbage services; service providers may not hold landlord responsible
A336, R456, H3601 112
Trade practices, unfair act to rent or sell essential commodities and rent or lease dwelling units or self-storage facilities at unconscionable price during and within area declared state of emergency, penalties
A339, R428, H4416 114
Vacation Rental Act
A336, R456, H3601 112
Vacation property, regulation of rental management; provisions, tenant subject to mandatory evacuation order
A336, R456, H3601 112
Vacation, primary residence subject to for no more than ninety days; four percent tax assessment provided for
A336, R456, H3601 112
Residential Property Condition Act; written property condition disclosure statement required upon sale of certain property, exemptions
A336, R456, H3601 112
Residential owner-occupied, property tax assessment ratio; oath revised to claim the four percent ratio
A334, R445, S852 107
State-owned
Lease or rent of; Budget Proviso Codification Act
A356, R388, H4879 138
Vacation Rental Act
A336, R456, H3601 112
PUBLIC OFFICERS AND EMPLOYEES
Annual leave
Budget Proviso Codification Act
A356, R388, H4879 138
Family Privacy Protection Act of 2002
A225, R261, S204 35
Grievance procedures
Police officers returning to service; provisions regarding exemption from grievance procedures
A356, R388, H4879 138
State-supported, four-year colleges and universities; employees and educational faculty exempt from grievance procedures
A171, R181, H4392 3
Technical college system employees and presidents exempt from
A171, R181, H4392 3
Organ donors, public officers and employees entitled to certain paid leaves of absence in order to be
A347, R444, S830 130
Payroll deductions
College Investment Program, state employees may participate in through payroll deductions; Treasurer to establish program for employees of private entities to participate through payroll deductions
A334, R445, S852 107
Deferred Compensation; Budget Proviso Codification Act
A356, R388, H4879 138
Investment education provided for participants in the state retirement system
A287, R364, H5007 70
Security, information regarding security of a public body is not open to the public
A339, R428, H4416 114
Wages, political subdivisions may not mandate or require minimum wage which exceeds the set federal minimum wage
A243, R296, H3289 46
PUBLIC SAFETY DEPARTMENT
Alcohol and Drug Safety Action Program classes, person may use route restricted or special restricted license to attend; provisions
A348, R452, H3049 130
A354, R472, H4607 136
A296, R381, H3959 75
Certificate of title, transfer of; Department may charge fee of ten dollars for
A349, R455, H3485 133
Commercial motor vehicles that are greater than twenty-six thousand pounds, additional information regarding must be provided to the Department
A301, R389, H4894 79
Driver’s training course, student certificate of completion requirements; to establish procedure for approving qualified out-of-state students
A181, R191, H3933 8
Emergency, law enforcement, or police vehicles; driver to yield right-of-way to, all drivers to yield when police vehicle uses both visual and audible signals
A348, R452, H3049 130
Identifier, Department authorized to charge a five dollar fee for
A301, R389, H4894 79
Motor Vehicle Division
Certificate of title, transfer of; Department may charge a fee of ten dollars for
A349, R455, H3485 133
Drivers’ license, Selective Service System; Department to provide registration for certain persons at time issues or renews license or identification card; provisions
A305, R398, S634 82
Drivers’ license, issuance of restricted to residents of the State, resident defined; expiration date, person waiting for residence status may apply for an extension with the Department
A282, R359, H4670 66
License plates, surrendering of by uninsured vehicle no longer goes to Revenue Department
A324, R415, H5105 96
License plates, temporary license plates established and provided for
A251, R298, H3678 49
Motor Vehicle Management Council, certain provisions for deleted or repealed
A311, R408, H3324 86
Motor vehicle insurer, Department may authorize use of alternative methods for providing notice of new policies; certain provisions deleted
A324, R415, H5105 96
Motor vehicle insurer, Department must be notified of renewal or first time policy
A324, R415, H5105 96
Rotary International special license plates, Department may assess optional additional fee for the cost of producing and administering
A329, R470, H4431 102
Special license plates, fees collected for; portion of to be used to defray the costs of administering the plate
A218, R251, H4432 32
Special license plates, fees collected for; sufficient funds shall be placed in special account to be used to defray cost of producing
A193, R213, S504 17
A194, R214, S597 18
A264, R328, H4412 56
A354, R472, H4607 136
Motor vehicle accident involving law enforcement or department vehicle, investigation of; provisions when agency to investigate lacks expertise to conduct
A277, R352, H3328 63
Motor vehicle insurers, procedure for notifying department of lapsed or cancelled policy revised
A324, R415, H5105 96
Selective Service System, authorized to provide registration for persons at time issues or renews drivers’ licenses or identification cards; provisions
A305, R398, S634 82
Special restricted driver’s license, holder who is permitted to drive to and from alcohol and drug safety classes
A296, R381, H3959 75
A354, R472, H4607 136
PUBLIC SERVICE AUTHORITY
Santee Cooper Counties Promotions Commission, terms of members increased; provisions
A270, R341, S633 59
PUBLIC SERVICE COMMISSION
Excavation or demolition operations, association for operators to file annual report covering activities and operations for preceding year to certain legislative committees
A216, R249, H3613 31
Public utilities
Government-telecommunications service providers, owned or operated by a municipality or regional transportation authority; exempt from regulation by the Commission
R441, S290 160
Public transit system, municipality and a public utility may mutually agree to transfer obligation to provide transportation
A212, R244, S1154 30
Service providers, may not hold landlord responsible for services billed to tenant
A336, R456, H3601 112
Sewerage services provided by; landlord may not be required to be responsible for charges billed to the tenant
A336, R456, H3601 112
REDEVELOPMENT AUTHORITY
Tax increment financing, redevelopment projects; period within which municipality may issue obligations to finance lengthened; provisions for municipality when redevelopment project located outside of project area
A207, R237, S675 27
REGULATIONS
Administrative procedures
Agencies, state; required to provide certain information when submitting a regulation
A231, R272, H3706 40
Health and Environmental Control Department, hypodermic needle requirements, authority to promulgate regulations regarding deleted
R433, H4981 157
Labor, Licensing, and Regulation, right to work law; director has authority to promulgate regulations
A357, R426, H3142 152
Saltwater privileges, review of suspension must be in accordance with the Administrative Procedures Act
A342, R443, S379 121
Revenue Department authorized to promulgate regulations to administer the Historic Rehabilitation Incentives Act
A229, R270, H3163 38
REQUESTS AND MEMORIALS
Budget and Control Board
Ports Authority, Board to provide indemnification to Authority board members; provisions
A256, R317, S926 52
Commerce Department
Cooper River terminal, Public Railway Division of the Department; required to study opportunities for federal funding for infrastructure improvements
A256, R317, S926 52
Infrastructure Bank, State
Cooper River, port expansion on west bank of; Bank to explore opportunities for federal funding for
A256, R317, S926 52
Transportation Department
Charleston Port expansion on the Cooper River’s west bank; Department to explore opportunities and federal funding for infrastructure improvements
A256, R317, S926 52
RESEARCH AUTHORITY, SOUTH CAROLINA
Office of; requirement principal office to be located in Columbia deleted
A172, R171, H3653 3
Technical Advisory Board; chairman to determine when and where regular meetings to be held
A172, R171, H3653 3
Trustees, Board of; chairman to determine when and where regular meetings to be held
A172, R171, H3653 3
RESIDENTIAL CARE FACILITIES
Adult, vulnerable; abuse or neglect of resulting in death or great bodily injury considered most serious offense and serious offense respectively; both offenses considered violent crimes
A176, R185, S478 5
Criminal record check required for caregivers employed by a nursing home, adult daycare facility, home health agency, and community residential care facilities; provisions
A242, R294, H3145 45
Nursing home care, Medicaid sponsored; Budget Proviso Codification Act
A356, R388, H4879 138
RESOLUTIONS
Harrell, Robert W., Sr.
A233, R274, H3867 40
Home School Awareness Week
A276, R351, H3174 63
RETIREMENT SYSTEMS AND PENSIONS
General Assembly
Member who has reached the age of seventy and has twenty-five years of service may receive benefits
A334, R445, S852 107
Police Officers
Medicaid, beneficiaries receiving; Budget Proviso Codification Act
A356, R388, H4879 138
Return to service, provisions regarding lump sum payment for accrued annual leave, exemption from grievance procedures, earnings limitations, and minimum interval before retired member may return without affecting allowance
A356, R388, H4879 138
S.C. Retirement System
Investment education services to be provided to any participant in the state’s retirement plan
A287, R364, H5007 70
Medicaid, beneficiaries receiving; Budget Proviso Codification Act
A356, R388, H4879 138
REVENUE DEPARTMENT
Available funds, certain; Department authorized to receive immediate payment on
R466, H4337 164
Bingo licenses, Class B licensee may conduct five games a week
A334, R445, S852 107
Bingo licenses; Budget Proviso Codification Act
A356, R388, H4879 138
Bingo procedures, limits on gross proceeds; separate offense clarified for unpaid taxes, special events allowed
A334, R445, S852 107
Bingo, definitions of promoter and session revised; Department’s time to review applications for promoter’s license increased
A334, R445, S852 107
Bingo, paying less than face value prohibited; specific announcement of prizes required
A334, R445, S852 107
Budget Proviso Codification Act
A356, R388, H4879 138
Capital projects sales tax, revenue to be used to pay debt service on bonds issued to fund approved projects, department to collect tax through quarter which county certifies no outstanding bonds
A334, R445, S852 107
Contracting with the Department for the collection of debt; references to a private institution as a governmental entity deleted
R466, H4337 164
Estimated Income Tax Payment Reform Act
R466, H4337 164
Fee in lieu of taxes, Revenue Department may grant and provide requirements for a maximum sixty day extension for filing returns
A334, R445, S852 107
Government-owned telecommunications service providers, Department to determine applicability of confidentiality provisions
R441, S290 160
Historic Rehabilitation Incentives Act; income tax credit provided for expenditures to restore historic structures that do not qualify for a federal tax credit; Department authorized to promulgate regulations for
A229, R270, H3163 38
Income Tax Act, modifications for federal deductions made; reference corrected
A334, R445, S852 107
License plates surrendered pursuant to an uninsured motor vehicle, no longer fowarded to the Department
A324, R415, H5105 96
Medicaid eligibility, information on returns to Health and Human Services verifying Medicaid eligibility; disclosure of reports filed with the Department provided for
A356, R388, H4879 138
Motor vehicle carrier, certain provisions related to repealed
A301, R389, H4894 79
Preliminary index of taxpaying ability, date revised for the department to furnish
A334, R445, S852 107
Richland County School District Property Tax Relief Act
A326, R448, S1131 100
Simplified Sales and Use Tax Administration Act
A334, R445, S852 107
RICHLAND COUNTY
Midlands Technical College Commission, members; number of appointed by the Governor on recommendation from the Richland County delegation decreased from eight to seven
A326, R448, S1131 100
Richland-Lexington Airport Commission, members increased; method of appointment provided
A326, R448, S1131 100
School districts
No. 05, Trustees, election of provided; School District Property Tax Relief Act
A326, R448, S1131 100
Richland County School District Property Tax Relief Act
A326, R448, S1131 100
Voting precincts, certain precincts redesignated
A186, R203, S520 13
A221, R256, H4794 33
SALUDA COUNTY
Lake Murray, size limit on taking of striped bass effective during summer months; during July and August it is unlawful to take more than two that are under the legal size limit
A214, R247, H3481 31
SCENIC RIVERS
Acquisition of lands next to by the Budget and Control Board, legislative delegation rather than the governing body of the county in which the land is located must approve of
A222, R257, H4883 34
Great Pee Dee, designated as
A222, R257, H4883 34
SCHOLARSHIPS
Grants, need-based; Budget Proviso Codification Act
A356, R388, H4879 138
Historically black colleges and universities, tuition grants provided from lottery proceeds; Budget Proviso Codification Act
A356, R388, H4879 138
LIFE Scholarships
Budget Proviso Codification Act
A356, R388, H4879 138
Palmetto Fellows Scholarship Program
Budget Proviso Codification Act
A356, R388, H4879 138
Youth education scholarships, proceeds from the lottery provided for; Budget Proviso Codification Act
A356, R388, H4879 138
SCHOOLS AND SCHOOL DISTRICTS
Attendance
Drivers’ licenses--conditional and special restricted, school attendance condition for issuance of; home schools considered an educational institution
A181, R191, H3933 8
Budget Proviso Codification Act
A356, R388, H4879 138
Buses
Purchase of new, portion of unclaimed prize monies from lottery to be used for
A356, R388, H4879 138
Stopped, unlawfully passing of; penalty revised for first offense violation; trial may be tried in magistrates’ court
A348, R452, H3049 130
A296, R381, H3959 75
R292, S963 154
Cell phones and paging devices, confiscation of; district to develop policy for; device must be returned to the owner
A230, R271, H3623 39
Charter schools
Charter School Act of 1996, provision of found unconstitutional; remaining provisions will not be affected; severability
A265, R329, H4419 57
Organization, operation, and governance of
A341, R438, S12 120
Curriculum
Driver’s training course defined, student certificate of completion requirements
A181, R191, H3933 8
Religion, students may be excused from class to attend off-campus religious instruction
A241, R293, H3048 44
Diplomas
High school and GED, penalties for falsifying or altering diplomas or transcripts
A219, R252, H4455 33
First Steps to School Readiness Program
Lottery appropriations provided for; Budget Proviso Codification Act
A356, R388, H4879 138
Home Schooling
Drivers’ licenses--conditional and special restricted, school attendance condition for issuance of; home schools considered an educational institution
A181, R191, H3933 8
Foster parent may teach foster child at home if approved by agency having custody of child
A276, R351, H3174 63
Home School Awareness Week established; provisions
A276, R351, H3174 63
High school league sport, student participating in may participate in a team sport independent of the school
A321, R404, S1157 92
Interscholastic activities
Oconee County, students participating in interscholastic soccer may participate in organized soccer independent of control of school
A321, R404, S1157 92
Lexington County
No. 05, Trustees, election of provided; Richland County School District Property Tax Relief Act
A326, R448, S1131 100
Oconee County
Interscholastic soccer, students participating in may participate in organized soccer independent of control of school
A321, R404, S1157 92
Paging devices and mobile telephones, confiscation of from students; district to develop a policy for; device required to be returned to the owner
A230, R271, H3623 39
Released Time for Religious Education Act
A241, R293, H3048 44
Religious instruction, students may be excused from class to attend off-campus
A241, R293, H3048 44
Richland County
No. 5, Trustees, election of provided; School District Property Tax Relief Act
A326, R448, S1131 100
Richland County School District Property Tax Relief Act
A326, R448, S1131 100
School Boards
Trustees and members of county boards of education, orientation; Education Department to keep record of successful completions of, annual district’s report cards must reflect
A265, R329, H4419 57
Students
Cell phones and paging devices, confiscation of; district to develop policy for; device must be returned to owner
A230, R271, H3623 39
Paging devices and mobile telephones, confiscation of; district to develop policy for; device must be returned to the owner
A230, R271, H3623 39
Religious instruction, may be excused from class to attend off-campus
A241, R293, H3048 44
Student-Led Message Act, to permit policy for brief opening or closing message at high school graduation or athletic event
A331, R473, H4683 104
Youth education scholarships, lottery appropriations provided for; Budget Proviso Codification Act
A356, R388, H4879 138
SECRETARY OF STATE
Boards and commissions membership information to be maintained as a public record by Secretary
A182, R193, H4475 10
Budget Proviso Codification Act
A356, R388, H4879 138
Livestock brands, registration of; Secretary of State’s duty to remind registrant of renewal repealed
A315, R414, H4968 89
Marks for goods or services, certain marks or trade names previously used by another in this state may not be registered
A279, R355, H4303 64
Trade names or certain marks for goods or services, may not be registered if previously used by another in this state; provisions
A279, R355, H4303 64
SOCIAL SERVICES
County board of social services, Berkeley county; legislative delegation authorized to terminate
A246, R301, H4406 47
County boards of social services, county legislative delegations authorized to terminate by written resolution and two-thirds vote based on weighted voting percentages
R468, H4402 165
Department
Adult, vulnerable; abuse or neglect of resulting in death or great bodily injury considered most serious offense and serious offense respectively; both offenses considered violent crimes
A176, R185, S478 5
Budget Proviso Codification Act
A356, R388, H4879 138
Child abuse, neglect
Stephanie’s Law
A325, R437, S1208 98
County offices of child protective services and foster care programs and each adoption office in the State; department to conduct substantive quality review of every five years; report to be posted on department’s Website
A166, R167, S511 1
Foster parent may teach foster child at home if approved by department of agency having custody of child
A276, R351, H3174 63
Social Work Examiners Board
Administration of under Labor, Licensing and Regulation Department; social work licensure classification, areas, and scope of practice revised, conversion period provided
A189, R209, H3447 15
Social workers, licensure and regulation of further provided for
A189, R209, H3447 15
SPARTANBURG COUNTY
Game Zone No. 4, wild turkey hunting permitted on Sunday; on private property
A255, R316, S813 52
STATE GOVERNMENT
Critical information, State’s; protection of provided
A339, R428, H4416 114
Intergovernmental Relations Advisory Commission, provisions repealed
A311, R408, H3324 86
Procurement Code
Consolidated; solicitation, bid, offer, or procurement of a motor vehicle provided
A333, R431, H4676 106
A356, R388, H4879 138
Contracts, to prohibit the state, a political subdivision, or other public entity from requiring that a surety bond be furnished by a particular surety company or through a particular agent or broker
A253, R310, H4823 50
September 11 of each year designated as State Day of Remembrance; provisions
A268, R332, H4869 58
State Treasurer, references to installment loans deleted; authorized to provide financing arrangements to entities of the State under the master lease program, provisions
A286, R363, H4998 69
STATE LIBRARY
Education Lottery appropriations provided for; Budget Proviso Codification Act
A356, R388, H4879 138
STATE SYMBOLS AND EMBLEMS
Carolina Tartan designated as the official tartan of the State
A303, R392, H5063 81
STATE TARTAN
Carolina Tartan designated as official state tartan
A303, R392, H5063 81
SUMTER COUNTY
Central Carolina Technical College Commission
A292, R377, H3473 72
Santee Cooper Counties Promotions Commission, terms of members increased; provisions
A270, R341, S633 59
Voting precincts, certain redesignated
A168, R169, S773 2
TAXATION
Accommodations, hospitality taxes
Local, references to the Tax Oversight Committee and definition of tourist deleted
A312, R410, H3851 87
Tourism-related lands and water access, use of revenue for
A312, R410, H3851 87
Aggregate taxes, special purpose captive insurance companies; company allowed to pay minimum premium tax on a prorated schedule in first operating year, provisions
A188, R208, S965 14
Estate Tax Act, order in which federal estate tax credits applied provided for determination of state estate tax liability
A217, R250, H3663 32
Estimated Income Tax Payment Reform Act
R466, H4337 164
Estimated tax, underpayment of declaration of estimated tax; duplicative provisions deleted
A334, R445, S852 107
Gasoline
Revenues, “C” funds; Transportation Department shall administer all funds expended on state highway system; exceptions and provisions for counties administering their own “C” funds
A293, R378, H3640 73
Water recreational resources fund, special; created within Department of Natural Resources
A187, R205, S856 13
Income tax
Corporate taxpayers, provisions that allow extensions provided
R466, H4337 164
Corporate, due date changed from March 15 to April 15 for first estimated payment; to enact the Estimated Income Tax Payment Reform Act
R466, H4337 164
Credits
Corporate, for expenses incurred by taxpayer in cleaning up site pursuant to the Brownfields Voluntary Cleanup Program
A280, R356, H4548 65
Employer credit, provisions to conform to the new category of “distressed county”
A332, R422, S886 105
Estimated tax credits, calendar year corporations; first quarter due date changed and inclusion of fees in payments provided
A334, R445, S852 107
Historic Rehabilitation Act; credit provided for expenditures to rehabilitate historic structures that do not qualify for a federal tax credit
A229, R270, H3163 38
Job development credit, additional fee for businesses claiming provided
A334, R445, S852 107
Job development fees and credits, additional qualified expenditures against which to claim credit provided
A334, R445, S852 107
Jobs tax credit, additional one thousand dollar credit for jobs created pursuant to the Brownfields Voluntary Cleanup Program
A280, R356, H4548 65
Jobs tax credit, designations of “distressed county”, provisions regarding
A332, R422, S886 105
Estimated Income Tax Payment Reform Act
R466, H4337 164
Exemptions and deductions
College Investment Program and the Tuition Prepayment Program, income tax deductions provided for contributions to
A334, R445, S852 107
Firefighter, volunteer; rescue squad member or member of HAZMAT, three thousand dollar deduction provided for
R466, H4337 164
Tuition Prepayment Program and College Investment Program, income tax deduction provided for contributions to
A334, R445, S852 107
Income Tax Act, modifications for federal deductions made; reference corrected
A334, R445, S852 107
Income Tax Act, provisions adopted to conform with the Internal Revenue Code of 1986
A220, R255, H4695 33
Internal Revenue Code, certain references to deleted
R466, H4337 164
Job development credit, provisions conformed to the new category of “distressed county”
A332, R422, S886 105
Returns
Estimated tax returns, corporate taxpayers; specific requirements for deleted
R466, H4337 164
Extensions, corporate taxpayer; provisions that allow extensions
R466, H4337 164
Extensions, corporate taxpayer; requirement to file seperately with the Revenue Department removed
A334, R445, S852 107
Joint Committee on Taxation created
A334, R445, S852 107
Property
Assessments
Fee in lieu of taxes, agreements implementing fee; additional information provided to implement and duties of auditor provided; additional extensions for the completion of projects and filing required returns provided
A334, R445, S852 107
Fee in lieu of taxes, collection and enforcement of provided
A334, R445, S852 107
Fee in lieu of taxes, eligibility investment thresholds to include amounts expended for costs incurred pursuant to Brownfields Voluntary Cleanup Program; provisions
A280, R356, H4548 65
Fee in lieu of taxes, investment period extension increased from two to five years; Revenue Department may grant maximum sixty-day extension for filing returns
A334, R445, S852 107
Four percent assessment ratio allowed on a primary residence subject to vacation rental of no more than ninety days
A336, R456, H3601 112
Notices must be mailed by October 1 rather than February 1 of each year; time to file objections extended to ninety days
A271, R343, S1005 59
Personal representative of estate of deceased taxpayer is deemed the agent; refund may be claimed in certain circumstances after 2000
A297, R383, H4386 76
Residential property, owner-occupied; four percent ratio allowed for assessments
A334, R445, S852 107
Delinquent
Collection of, Revenue Department’s authority to contract for; reference to private institution as a governmental entity deleted
R466, H4337 164
Tax sale to collect municipal taxes held in conjunction with sale to collect county taxes may take place at public place in county instead of municipality
A179, R189, H3633 7
Exemptions and deductions
Brownfields Voluntary Cleanup Program; county tax exemption for five years on property subject to nonresponsible party voluntary clean-up contract for which certificate of completion has been issued by DHEC
A280, R356, H4548 65
Homestead exemption, personal representative of estate of deceased taxpayer is deemed the agent; refund may be claimed in certain circumstances beginning after 2000
A297, R383, H4386 76
Nonprofit housing corporations and their instrumentalities, exemption and qualifications for provided
A334, R445, S852 107
Sales and use
Capital projects sales tax, revenue to be used to pay debt service on bonds issued to fund approved projects, referendum and reporting requirements
A334, R445, S852 107
Exemptions and deductions
Legislation or other informational documents, copies of or access to provided to public by a legislative agency
A356, R388, H4879 138
Richland County School District Property Tax Relief Act; subject to the same exemptions and maximum tax imposed as the Sales Tax Act
A326, R448, S1131 100
Local or state, penalty provided for responsible person who fails to remit taxes
A334, R445, S852 107
Richland County School District Property Tax Relief Act
A326, R448, S1131 100
Setoff Debt Collection Act; definition of claimant agency extended to other states and other political subdivisions of those states and the United States
A334, R445, S852 107
Simplified Sales and Use Tax Administration Act
A334, R445, S852 107
Wireless calling arrangements, use tax on clarified; date revised for sourcing mobile telecommunication services
A334, R445, S852 107
Tax increment financing, redevelopment projects; period within which municipality may issue obligations to finance lengthened; provisions for municipality when redevelopment project located outside of project area
A207, R237, S675 27
TECHNICAL EDUCATION
Aiken County Technical and Comprehensive Education Commission
A292, R377, H3473 72
Central Carolina Technical College Commission; consists of Clarendon, Kershaw, Lee and Sumter Counties
A292, R377, H3473 72
Education Lottery, appropriations from provided for technical education; Budget Proviso Codification Act
A356, R388, H4879 138
Florence-Darlington Technical College Area Committee
A292, R377, H3473 72
Greenville Technical College, Northwest Campus of; public funds may be used to offer cosmetology licensing preparatory courses at
A254, R322, S1200 51
Horry-Georgetown Technical College Commission
A292, R377, H3473 72
Lowcountry Technical College Area Commission; consists of Beaufort, Colleton, Hampton, and Jasper Counties
A292, R377, H3473 72
Midlands Technical College Commission, members; number of appointed by the Governor on recommendation of the Lexington and Richland County delegation revised
A326, R448, S1131 100
Northeastern Technical College Area Commission; consists of Chesterfield, Dillon, and Marlboro Counties
A292, R377, H3473 72
Presidents and employees of technical college system exempt from State Employee Grievance Procedure
A171, R181, H4392 3
Presidents of technical colleges employed at will of area technical education commission
A171, R181, H4392 3
Students called to active military duty entitled to refund of tuition and fees under certain circumstances
A330, R471, H4481 103
Tri-County Technical College Commission; consists of Anderson, Oconee, and Pickens Counties
A292, R377, H3473 72
Trident Technical College Area Commission; consists of Berkeley, Charleston, and Dorchester Counties
A292, R377, H3473 72
TELECOMMUNICATIONS
Government-owned telecommunications service providers, regulation and taxation of; certain public utilities exempt from regulation by the Public Service Commission
R441, S290 160
Information (211) network, established to coordinate information and referrals for the Health and Human Services Department
A339, R428, H4416 114
Mobile telecommunication services, date revised for sourcing; provisions for use tax
A334, R445, S852 107
Mobile telephone, confiscation of; school districts to develop a policy for; phone required to be returned to the owner
A230, R271, H3623 39
Paging devices, confiscation of from students; district to develop a policy for; device required to be returned to the owner
A230, R271, H3623 39
Wire, oral, or electronic communication; interception of, consent requirements
A339, R428, H4416 114
TELEPHONES
Government-owned telecommunications service providers, regulation and taxation of; provisions
R441, S290 160
Mobile telecommunication services, date revised for sourcing; use tax provisions
A334, R445, S852 107
Mobile telephone, confiscation of; school districts to develop policy for; phone required to be returned to the owner
A230, R271, H3623 39
Paging devices, confiscation of from students; district to develop a policy on; device required to be returned to the owner
A230, R271, H3623 39
Wire, oral or electronic communication; interception of, consent requirements
A339, R428, H4416 114
Wireless calling arrangements clarified; use tax provisions
A334, R445, S852 107
TORTS
Civil actions
Animals which are abandoned, ill, or injured; immunity from civil and criminal liability provided to person who renders emergency care without compensation to
A205, R235, S191 26
Commencement of, provisions regarding
A281, R357, H4656 66
Complaints and petitions, filing fee for; fee increased, distribution of revenue recalculated
A329, R470, H4431 102
Computer Abuse Act of 2002; civil remedy of compensatory damages and restitution provided pursuant to the Computer Crime Act; technical changes made regarding the venue for actions
A169, R170, H3539 2
Right to work law, civil penalties established; administrative review by Labor, Licensing and Regulation Department established
A357, R426, H3142 152
Stephanie’s Law
A325, R437, S1208 98
Tort Claims Act, requirement deleted that a claim be verified
R302, H4435 154
TRANSPORTATION DEPARTMENT
C (Construction) Funds
Gasoline tax revenues, “C” funds; Transportation Department shall administer all funds expended on state highway system; exceptions and provisions for counties administering their own “C” funds
A293, R378, H3640 73
Charleston County, Bob Harrell Bridge and Interchange named
A233, R274, H3867 40
Charleston Port expansion on the Cooper River’s west bank, Department to explore opportunities for federal funding for infrastructure improvements
A256, R317, S926 52
Highway construction bonds, to prohibit the state, a political subdivision, or other public entity from requiring that a bond be furnished by a particular surety company or through a particular agent
A253, R310, H4823 50
Highways; electronic personal assistive mobility devices (EPAMD), operation and regulation of on highways, sidewalks and streets established; penalties for illegal operation of
A269, R334, H4954 59
Motor homes, travel trailers, and truck campers; department may issue annual trip permits to manufacturers and dealers of
A197, R218, H3931 20
State Infrastructure Bank
Charleston Port expansion on the Cooper River’s west bank; Bank to explore opportunities for federal funding for infrastructure improvements
A256, R317, S926 52
TREASURERS
County
Richland County School District Property Tax Relief Act
A326, R448, S1131 100
State
Barnwell Economic Development Fund, Treasurer required to transfer certain funds to; Budget Proviso Codification Act
A356, R388, H4879 138
Budget Proviso Codification Act
A356, R388, H4879 138
College Investment Program, Treasurer to establish program where employees of private entities may participate in through payroll deductions
A334, R445, S852 107
Federal Deposit Insurance Limit, funds deposited by; letters of credit allowed as security for
A211, R242, S999 29
Installment loans, references to installment loans deleted; authorized to provide financing arrangements to entities of the State under the master lease program, provisions
A286, R363, H4998 69
TRUSTS AND ESTATES
Estates and Probate Reform Act
R464, H4154 163
Estate Tax Act, order in which federal estate tax credits applied provided for determination of state estate tax liability
A217, R250, H3663 32
Inter vivos trust, revocable; revocation of by divorce, annulment, and order terminating marital property rights
R464, H4154 163
Lockbox, to facilitate access to obtain power of attorney conditioned on verified document
R464, H4154 163
Minors, custodian expenses, bonds, and liabilities; custodian may receive reasonable compensation from custodial property; technical changes made for designating a successor
R464, H4154 163
Power of attorney, durable; attorney-in-fact acting pursuant to; compensation of and protection of third parties relying on acts of provided
R464, H4154 163
Probate Code
Deed of distribution, requirement that it be examined by court before filing or accompanied by affidavit at filing deleted
A174, R183, S92 4
Estates and Probate Reform Act
R464, H4154 163
Joint tenancy, when joint tenants join in encumbrance then the real estate is encumbered
R464, H4154 163
Wrongful death or survival actions, provisions for the administration of an estate
R464, H4154 163
UNIFORM LAWS
Commercial Code, records; fees charged for filing and indexing in accordance with, fee recalculated to assets
A329, R470, H4431 102
Commercial Code, secured transactions; transfer provisions inapplicable by a government or a governmental unit, South Carolina reporter’s comment regarding the amendment added
A192, R222, H4682 17
Uniform Prudent Investor Act, investments in mutual funds sponsored by affiliated organizations are allowed under certain circumstances
A234, R275, H4598 41
UNION COUNTY
Game Zone No. 4, wild turkey hunting permitted on Sunday; on private property
A255, R316, S813 52
VETERANS’ AND MILITARY AFFAIRS
Defense Department discharge form 214 (DD 214) filed with clerk of court is not a public record, may not be disclosed; provisions
A308, R402, S1087 84
Emergency Preparedness Division, name changed to Emergency Management Division
A190, R210, H4485 16
Law enforcement officer candidate, person who served active duty or active duty for training as member of the National Guard, State Guard, or U.S. Reserves; time limit for certification extended
A298, R384, H4514 77
Military reservist called to active duty, who is enrolled in institution of higher learning, entitled to refund of tuition and fees
A330, R471, H4481 103
Selective Service System, Public Safety Department to provide registration for certain persons at time issues or renews drivers’ licenses; provisions
A305, R398, S634 82
Veterans’ Trust Fund of South Carolina, Board of Trustees for; to be composed of nineteen members; membership requirements and terms
A167, R168, S610 1
Vietnam War, veterans of; claims representative specializing in needs and diseases associated with provided in Veterans Affairs Division of Governor’s Office for representation on Agent Orange Advisory Council & Hepatitis C Coalition
A294, R379, H3749 74
VETERINARY MEDICINE
Immunity from civil and criminal liability provided to person who renders emergency care without compensation to abandoned, ill, or injured animal
A205, R235, S191 26
Rabies Control Act, provisions revised
A343, R454, H3372 127
R382, H4260 154
WATER AND SEWER
Environmental systems operators, professional, under administration of Labor, Licensing and Regulation Department; well driller licenses, detailed provisions
A185, R201, H3510 12
Public utility providing services; landlord may not be required to be responsible for charges billed to tenant
A336, R456, H3601 112
Well driller licenses, provisions and requirements for; well redefined to include any excavation made for purpose of environmental or geologic investigation when likely to penetrate water table
A185, R201, H3510 12
WATERCRAFT
Boats
Charter fishing vessels, term “fishing vessel” to replace “boat”
A342, R443, S379 121
Identification decals of vessel, display requirements
A342, R443, S379 121
Operator, crew, and passenger of vessel to cooperate with law enforcement officers or U.S. Coast Guard personnel
A342, R443, S379 121
Operator, crew, and passengers of; required to comply with law enforcement officers and the U.S. Coast Guard when operating in the state
A342, R443, S379 121
Underwater Antiquities Act of 1991, revisions
R429, H4429 156
Water recreational resources fund, special; created within Department of Natural Resources
A187, R205, S856 13
WEAPONS
Concealable weapons, permits
Alcoholic liquor, beer, or wine retail establishments; revisions to particulars of offense of unlawful carrying of pistol or firearm on premises of
A274, R349, H3010 61
Applicant, certain requirements of applicant revised; provisions when SLED may revoke
A274, R349, H3010 61
Church or religious sanctuary, may not carry concealable weapon into, exception provided
A274, R349, H3010 61
Interstate rest area facilities, may carry onto property of
A274, R349, H3010 61
Park or facility under jurisdiction of Parks, Recreation, and Tourism Department; person may possess weapon and ammunition at when in possession of
A274, R349, H3010 61
Security weapons permit, fingerprint card required to be submitted for a national criminal record check
A339, R428, H4416 114
Signs posted prohibiting weapons; size, content, and placement requirements revised
A274, R349, H3010 61
Demolition or excavation operations, association for operators to file annual report covering activities and operations for preceding year to certain legislative committees
A216, R249, H3613 31
Homeland Security Act
A339, R428, H4416 114
Weapons of mass destruction and terrorism further defined, penalties increased
A339, R428, H4416 114
WILLIAMSBURG COUNTY
Game Zone No. 9, restrictions on shooting preserves repealed
A309, R406, S1226 85
WORKERS’ COMPENSATION
Constables, volunteer state; provisions regarding workers’ compensation insurance
A339, R428, H4416 114
Insurance; Budget Proviso Codification Act
A356, R388, H4879 138
State Accident Fund
Budget Proviso Codification Act
A356, R388, H4879 138
YORK COUNTY
Game Zone No. 4, wild turkey hunting permitted on Sunday; on private property
A255, R316, S813 52
Winthrop University Trustees, manner in which selected further provided for; each seat on board to have a numerical designation
A250, R291, S892 49
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