South Carolina Legislature Online



FOREWORD

This document is prepared and compiled by the South Carolina Legislative Council as a reference to all Acts passed during the 2003 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 three 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. 2003 Statewide Acts Page 1

II. Local and Temporary Acts and Joint Resolutions Page 87

III. Regulations Page 89

Contents

Synopses

IV. Index Page 111

(A6, R11, H3344) Effective: 3/12/03

Public Service Commission; Telephone companies, Broadband service

TO AMEND SECTION 58-9-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTINENT TO THE REGULATION OF TELEPHONE COMPANIES, SO AS TO PROVIDE A DEFINITION FOR “BROADBAND SERVICE”; AND TO AMEND SECTION 58-9-280, AS AMENDED, RELATING TO THE CIRCUMSTANCES REQUIRING A TELEPHONE COMPANY TO OBTAIN A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, SO AS TO EXEMPT BROADBAND SERVICE FROM REGULATION BY THE PUBLIC SERVICE COMMISSION AND TO PROVIDE AN EXCEPTION FOR FACILITIES USED BY RURAL TELEPHONE COMPANIES FOR THE PROVISION OF BROADBAND SERVICE, TO CLARIFY THAT THIS ACT DOES NOT AFFECT THE COMMISSION’S AUTHORITY WITH RESPECT TO SERVICES OTHER THAN BROADBAND SERVICE AND DOES NOT RELIEVE AN INCUMBENT LOCAL EXCHANGE CARRIER OF ITS OBLIGATIONS UNDER FEDERAL LAW TO PROVIDE NEW LOCAL EXCHANGE CARRIERS WITH UNBUNDLED ACCESS TO NETWORK ELEMENTS OR INTERCONNECTION, TO SPECIFY INFORMATION THAT THE COMMISSION MUST COMPILE IN ORDER TO MONITOR THE STATUS OF LOCAL TELEPHONE COMPETITION IN THE STATE, AND TO PROVIDE THAT THIS ACT DOES NOT PRECLUDE THE COMMISSION FROM ASSESSING BROADBAND SERVICE REVENUES FOR PURPOSES OF CONTRIBUTIONS TO THE USF.

ANALYSIS: Self explanatory

(A7, R20, S167) Effective: 3/20/03

Sharks, limits and other provisions which apply to taking

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-5-1707 SO AS TO PROVIDE FOR LIMITS ON SPECIFIED SHARKS; AND TO AMEND SECTION 50-5-2725, AS AMENDED, RELATING TO SHARK CATCH LIMITS, SO AS TO FURTHER PROVIDE FOR CERTAIN FEDERAL PROVISIONS WHICH APPLY TO THE TAKING OF SHARKS.

ANALYSIS: This act first provides for catch limits on specific types of sharks in state waters when taken for other than a commercial purpose. This act further provides for those federal laws and regulations which apply to shark catch limits.

(A8, R25, S9) Effective: 4/21/03

Local government, special purpose district, public finance, joint agency

TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 24 SO AS TO ENACT THE “JOINT AGENCY ACT” AND TO PROVIDE FOR SPECIAL PURPOSE DISTRICTS OF THE STATE, AND SPECIFICALLY THOSE CREATED AND ESTABLISHED FOR THE PURPOSE OF FURNISHING NATURAL GAS THROUGHOUT THEIR RESPECTIVE AREAS, JOINTLY TO UNDERTAKE THE ACQUISITION AND FINANCING OF PROJECTS OR OTHER UNDERTAKINGS, TO PROVIDE FOR THE CREATION OF JOINT AGENCIES FOR THAT JOINT PURPOSE BY SPECIFYING THEIR METHOD OF FORMATION, THEIR MEMBERSHIP, AND THE METHOD OF THEIR GOVERNANCE, TO PROVIDE FOR THE POWERS OF JOINT AGENCIES, INCLUDING THEIR RELATIONSHIPS, CONTRACTUAL AND OTHERWISE, AND THOSE OF THEIR MEMBERS, AND TO PROVIDE FOR FINANCING OF UNDERTAKINGS OF JOINT AGENCIES AND THE OBLIGATIONS OF THEIR MEMBERS IN CONNECTION WITH THE FINANCING.

ANALYSIS: This act provides for the joint pursuit by natural gas authorities of projects and other undertakings.

(A9, R26, S71) Effective: 4/21/03

Taxation, property extensions on returns, and payment for certain service personnel

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-39-360 SO AS TO PERMIT A COUNTY TO EXTEND THE DATE FOR FILING RETURNS AND PAYMENT OF PROPERTY TAXES FOR UNITED STATES ARMED FORCES OR NATIONAL GUARD PERSONNEL SERVING IN OR NEAR A HAZARD DUTY ZONE.

ANALYSIS: Self explanatory

(A10, R28, S165) Effective: 4/23/03

Migratory birds to be hunted consistent with federal law; prohibitions; penalties

TO AMEND SECTION 50-11-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEDERAL MIGRATORY BIRD TREATY AND PROHIBITIONS CONCERNING THE HUNTING OF WATERFOWL, SO AS TO REVISE PROVISIONS PERTAINING TO THE HUNTING OF MIGRATORY BIRDS AND WATERFOWL AND PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

ANALYSIS: Revision of provisions requiring that migratory birds be hunted consistent with federal law; prohibitions; penalties

(A11, R29, S168) Effective: 4/23/03 without the signature of the Governor

Migratory birds to be hunted consistent with federal law; prohibitions; penalties

TO AMEND SECTION 50-11-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEDERAL MIGRATORY BIRD TREATY AND PROHIBITIONS CONCERNING THE HUNTING OF WATERFOWL, SO AS TO REVISE PROVISIONS PERTAINING TO THE HUNTING OF MIGRATORY BIRDS AND WATERFOWL AND PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

ANALYSIS: Revision of provisions requiring that migratory birds be hunted consistent with federal law; prohibitions; penalties

(A12, R33, S340) Effective: 4/21/03

State Retirement Systems, South Carolina Retirement Systems Claim Procedure Act, Additional definitions for “peace officer”

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21 TO TITLE 9 ENACTING THE SOUTH CAROLINA RETIREMENT SYSTEMS CLAIMS PROCEDURES ACT SO AS TO PROVIDE THE REMEDIES AVAILABLE IN A DISPUTE OR CONTROVERSY BETWEEN THE SOUTH CAROLINA RETIREMENT SYSTEMS AND A MEMBER OR DESIGNATED BENEFICIARY OF A MEMBER OF ANY OF THE RETIREMENT SYSTEMS ESTABLISHED IN TITLE 9; TO AMEND SECTION 9-11-25, AS AMENDED, RELATING TO DEFINITIONS OF “POLICE OFFICER” FOR PURPOSES OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCLUDE WITHIN THE DEFINITION AN EMPLOYEE AFTER JANUARY 1, 2000, OF THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH HIRED AS A PEACE OFFICER, AND TO AMEND SECTION 24-1-280, AS AMENDED, RELATING TO THE STATUS AS A PEACE OFFICER OF EMPLOYEES OF THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS AND SOUTH CAROLINA DEPARTMENT OF JUVENILE JUSTICE WHO ARE HIRED TO PERFORM DUTIES RELATING TO CUSTODY, CONTROL, TRANSPORTATION, AND RECAPTURE, SO AS TO INCLUDE IN THAT STATUS AN EMPLOYEE OF THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH HIRED TO PERFORM SIMILAR DUTIES.

ANALYSIS: This act adds a new Chapter 21 in Title 9 of the 1976 Code enacting “The South Carolina Retirement Systems Claims Procedures Act.” This new chapter, when it takes effect, will be the exclusive remedy for resolving claims between the retirement systems and its members. The act establishes the method of disputing a retirement system decision in both an administrative and judicial setting. A claim must:

(1) be brought by the member or the member’s designated beneficiary;

(2) be in writing and filed with the director within one year of the adverse decision; and

(3) include the basis for the claim.

The State Budget and Control Board, under this new act, shall establish procedures for resolving claims that allow a member to make a claim in writing or in conference before the system makes a final decision. The act prohibits any retroactive benefits or other relief for a period of more than one year before the claim is filed. A final adverse decision of the retirement system must be in writing, explain the basis for the decision, and advise the claimant of the right to appeal the decision to the Administrative Law Judge Division. Review by the Administrative Law Judge Division is de novo. Appeal beyond the Administrative Law Judge Division lies with the Richland County Court of Common Pleas.

Unrelated to the new claims procedures, this act extends the definitions necessary to allow peace officers employed by the Department of Mental Health to participate in the South Carolina Police Officers Retirement System.

(A13, R34, S341) Effective: 4/21/03

State Budget and Control Board, State Retirement System Investment Panel, Indemnification

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-440 SO AS TO PROVIDE THAT THE STATE SHALL DEFEND THE MEMBERS OF THE STATE BUDGET AND CONTROL BOARD, THE BOARD’S OFFICERS AND MANAGEMENT EMPLOYEES, AND LEGISLATIVE EMPLOYEES PERFORMING DUTIES FOR BOARD MEMBERS AGAINST A CLAIM OR SUIT BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AS SUCH MEMBERS, OFFICERS, OR EMPLOYEES, TO REQUIRE THE STATE TO INDEMNIFY THEM FOR A LOSS OR JUDGMENT INCURRED BY THEM FROM A CLAIM OR SUIT BROUGHT AGAINST THEM IN THEIR OFFICIAL OR INDIVIDUAL CAPACITIES, OR BOTH, AND TO PROVIDE FOR THEIR DEFENSE AND INDEMNIFICATION OF THEIR PERSON AFTER THEY LEAVE MEMBERSHIP ON OR EMPLOYMENT BY THE BOARD OR LEAVE LEGISLATIVE EMPLOYMENT IF THE CLAIM OR SUIT ARISES BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AND TO PROVIDE A SIMILAR DEFENSE AND INDEMNIFICATION UNDER SIMILAR CIRCUMSTANCES FOR THE MEMBERS OF THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL.

ANALYSIS: Self explanatory

(A14, R35, S344) Effective: 4/23/03 without the signature of the Governor

Teacher Recruitment Center - name changed

TO AMEND SECTION 59-25-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEACHERS, SO AS TO CHANGE THE NAME OF THE SOUTH CAROLINA CENTER FOR TEACHER RECRUITMENT TO THE CENTER FOR EDUCATOR RECRUITMENT, RETENTION, AND ADVANCEMENT OF SOUTH CAROLINA (CERRA-SOUTH CAROLINA).

ANALYSIS: Self explanatory

(A15, R36, S361) Effective: 4/23/03 without the signature of the Governor

Illegal sale or possession of the eggs of certain fish and snakehead fish and their eggs

TO AMEND SECTION 50-13-1630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE AND TRAFFIC IN FISH, SO AS TO PROHIBIT THE SALE, POSSESSION, OR IMPORTATION OF THE EGGS OF CERTAIN FISH, AND THE SALE, POSSESSION, OR IMPORTATION OF SNAKEHEAD FISH.

ANALYSIS: This act provides that it is illegal to possess or sell the eggs of certain fish and snakehead fish and their eggs.

(A16, R39, S448) Effective: 4/21/03

Liquid petroleum gas, storage capacity requirements and storage agreement provisions

TO AMEND SECTION 40-82-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIQUID PETROLEUM GAS DEALER STORAGE CAPACITY REQUIREMENTS SO AS TO PROVIDE THAT A DEALER MUST HAVE OR HAVE ACCESS TO FACILITIES WITH A CAPACITY OF A MINIMUM 30,000 WATER GALLONS WITHIN CLOSE PROXIMITY TO THE AREA TO BE SERVED, TO PROVIDE FOR REQUIREMENTS OF SUCH AN AGREEMENT TO ACCESS, AND TO DELETE THE PROVISION REQUIRING LEASED STORAGE CAPACITY TO BE DEDICATED TO THE EXCLUSIVE USE OF THE LESSEE.

ANALYSIS: This act revises the requirement for a liquid petroleum gas dealer to have a storage capacity of 30,000 gallons by allowing a dealer to lease such storage space, by deleting the provision that such rental must be for the exclusive use of one dealer, and by providing that if the storage space is leased, the term of the contract must coincide with the dealer’s licensing period.

(A17, R42, S508) Effective: 4/21/03

Continuance required when active duty reservist is a party or attorney to a case

TO AMEND SECTION 25-1-2260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A JUDGE’S DUTY TO GRANT A CONTINUANCE IN A COURT CASE WHEN A PARTY OR HIS ATTORNEY IS ON ACTIVE DUTY AS A MEMBER OF THE NATIONAL GUARD, SO AS TO ALSO REQUIRE A JUDGE TO GRANT A CONTINUANCE IN A COURT CASE WHEN A PARTY OR HIS ATTORNEY IS ON ACTIVE DUTY AS A MEMBER OF THE RESERVES.

ANALYSIS: This act provides that a member of the reserves on active duty must be granted a continuance by a judge when the reservist is a party or an attorney in a case.

(A18, R44, H3078) Effective: 4/21/03

Local correctional facility defined

TO AMEND SECTION 24-13-470, AS AMENDED, 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, DETAINEE, PERSON TAKEN INTO CUSTODY, OR A PERSON UNDER ARREST, SO AS TO PROVIDE THAT THE TERM “LOCAL CORRECTIONAL FACILITY” INCLUDES, BUT IS NOT LIMITED TO, A LOCAL DETENTION FACILITY.

ANALYSIS: This act defines the term “local correctional facility” to include, but not be limited to, a local detention facility.

(A19, R45, H3163) Effective: 4/23/03 without the signature of the Governor

Attorney, appointment of, by judge, court, or court official shall not be made without being authorized by statute; transfer of funds by Commission on Indigent Defense

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-235 SO AS TO PROHIBIT A JUDGE, COURT, OR COURT OFFICIAL FROM APPOINTING AN ATTORNEY TO REPRESENT A PARTY IN A CIVIL ACTION UNLESS THE AUTHORITY TO MAKE THE APPOINTMENT IS PROVIDED SPECIFICALLY BY STATUTE; AND TO AUTHORIZE THE COMMISSION ON INDIGENT DEFENSE TO TRANSFER UNSPENT FUNDS FROM THE PREVIOUS FISCAL YEAR TO THE OFFICE OF APPELLATE DEFENSE TO HELP THE OFFICE OFFSET BUDGET REDUCTIONS.

ANALYSIS: Self explanatory

(A20, R46, H3198) Effective: 4/21/03

Family Privacy Protection Act; use of “state agency” information prohibited

TO AMEND SECTION 30-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS USED IN THE FAMILY PRIVACY PROTECTION ACT, SO AS TO CLARIFY THE DEFINITION OF “COMMERCIAL SOLICITATION”, WHICH EXCLUDES FROM THE DEFINITION NOTIFICATION OF CONTINUING EDUCATION SPONSORED BY NONPROFIT ASSOCIATIONS, SO AS TO DELETE THE REFERENCE TO NONPROFIT ASSOCIATIONS; AND TO AMEND SECTION 30-2-50, RELATING TO THE PROHIBITION OF KNOWINGLY OBTAINING OR USING PERSONAL INFORMATION OBTAINED FROM A PUBLIC BODY FOR COMMERCIAL SOLICITATION DIRECTED TO A PERSON IN THIS STATE, SO AS TO SUBSTITUTE “STATE AGENCY” FOR “PUBLIC BODY” AND TO FURTHER PROVIDE THAT THE FAMILY PRIVACY PROTECTION ACT DOES NOT APPLY TO A LOCAL GOVERNMENTAL ENTITY OF A SUBDIVISION OF THIS STATE OR LOCAL GOVERNMENT.

ANALYSIS: Self explanatory

(A21, R47, H3274) Effective: 4/21/03

School trustees, matriculation and incidental fees

TO AMEND SECTION 59-19-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF SCHOOL TRUSTEES, SO AS TO REVISE THE MANNER IN WHICH MATRICULATION AND INCIDENTAL FEES MAY BE CHARGED BY SCHOOL DISTRICTS INCLUDING PROVISIONS TO EXEMPT CERTAIN STUDENTS FROM THESE FEES.

ANALYSIS: This act amends Section 59-19-90 which relates to general powers and duties of school trustees. Under this section in item (8), school trustees are authorized to charge matriculation and incidental fees from pupils when allowed by special act of the General Assembly. This act eliminates the requirement that it be allowed by special act of the General Assembly and further provides that regulations or policies adopted by the board regarding charges and collections must take into account the students’ ability to pay and must hold the fee to a minimum reasonable amount. Fees may not be charged to students eligible for free lunches and must be reduced pro rata for students eligible for reduced price lunches.

(A22, R48, H3299) Effective: 4/23/03 without the signature of the Governor

Seasons for hunting raccoon, opossums, or fox, Game Zones 1 through 9

TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASON FOR SMALL GAME, SO AS TO CHANGE THE HUNTING SEASON FOR RACCOON AND OPOSSUM IN GAME ZONES 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, AND 11, AND TO CHANGE THE METHOD OF HUNTING RACCOON AND OPOSSUM IN CERTAIN GAME ZONES; AND TO AMEND SECTION 50-11-140, AS AMENDED, RELATING TO IT BEING UNLAWFUL TO CARRY WEAPONS WHILE HUNTING RACCOON, OPOSSUM, OR FOX DURING THE PERIOD IT IS LAWFUL TO HUNT THEM WITHOUT WEAPONS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TAKE ANIMALS DURING THE PERIOD IN WHICH RACCOONS, OPOSSUMS, OR FOX ARE ALLOWED TO BE HUNTED WITHOUT WEAPONS.

ANALYSIS: Amends Section 50-11-120 so as to change seasons for hunting raccoon and opossum without weapons and dogs only in certain game zones; to change the season for hunting raccoon and opossum with weapons and dogs in Game Zone 9; and provide that it is unlawful to take or attempt to take animals during a period in which raccoons, opossums, or fox are allowed to be hunted without weapons.

(A23, R49, H3353) Effective: 4/23/03 without the signature of the Governor

Revision of provisions relating to: possession, hunting, and release of fox, coyote, coyote-hybrids, and wolves; permitting of certain hunting enclosures; and trapping with commercial fur licenses

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 11, TITLE 50, SO AS TO PROVIDE FOR REGULATION AND PERMITTING OF FOX AND COYOTE HUNTING ENCLOSURES, PROVIDE THAT IT IS UNLAWFUL TO BUY, SELL, TRANSFER, POSSESS, OR RELEASE A LIVE COYOTE, COYOTE-HYBRID, OR FOX WITHIN THE STATE EXCEPT AS PERMITTED BY THE DEPARTMENT OF NATURAL RESOURCES PURSUANT TO THIS TITLE, TO REGULATE THE PURCHASE, SALE, POSSESSION, TRAPPING, DESTRUCTION, OR RELEASE OF CERTAIN ANIMALS IN THIS STATE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ARTICLE; TO AMEND SECTION 50-11-710, AS AMENDED, RELATING TO NIGHT HUNTING BEING UNLAWFUL WITH CERTAIN EXCEPTIONS, SO AS TO INCLUDE COYOTES WITHIN THE EXCEPTIONS TO NIGHT HUNTING; TO AMEND SECTION 50-11-1145, RELATING TO TRAPPING AND RELEASE OF PREDATORY ANIMALS WITHIN ENCLOSURES FOR RUNNING RABBITS, SO AS TO PROVIDE FOR TRAPS THAT MAY BE USED AND FOR THE RELEASE OR DESTRUCTION OF CERTAIN PREDATORY ANIMALS; TO AMEND SECTION 50-11-1765, AS AMENDED, RELATING TO POSSESSION, SALE, OR IMPORTATION OF LIVE WOLVES AND COYOTES, SO AS TO DELETE COYOTES FROM THE SECTION; TO AMEND SECTION 50-11-2480, AS AMENDED, RELATING TO PERSONS NOT REQUIRED TO OBTAIN FUR DEALER, BUYER, OR PROCESSOR’S LICENSE, SO AS TO PROVIDE THAT AN OWNER OR OPERATOR OF A FOX AND COYOTE HUNTING ENCLOSURE WHO PURCHASES LIVE FOXES OR COYOTES FOR RELEASE INTO THE ENCLOSURE IS NOT REQUIRED TO OBTAIN A FUR DEALER, BUYER, OR PROCESSOR’S LICENSE; TO AMEND SECTION 50-11-2460, RELATING TO TRAPS ALLOWED FOR TRAPPING AND BEARING THE OWNER’S NAME AND ADDRESS, SO AS TO PROVIDE FOR WHEN CERTAIN BODY GRIPPING TRAPS AND CERTAIN FOOT-HOLD TRAPS MAY BE USED; AND TO REPEAL SECTION 50-11-1760, RELATING TO BRINGING INTO OR RELEASING A COYOTE IN THIS STATE BEING UNLAWFUL, SECTION 50-11-1770, RELATING TO THE SALE OR SHIPMENT OF LIVE FOXES WITHIN THE STATE BEING UNLAWFUL, SECTION 50-11-2410, RELATING TO THE USE OF CERTAIN TRAPS BEING PROHIBITED, AND SECTION 50-11-2415, RELATING TO THE USE OF CERTAIN RUBBER PADDED STEEL FOOT-HOLD TRAPS TO CAPTURE FOX.

ANALYSIS: Regulates fox and coyote hunting enclosures, possession or release of live coyote or coyote-hybrid within the State, and traps used with commercial fur license permits; permits night hunting of coyotes; regulates trapping predatory animals within certain enclosures and provides for traps and release or destruction of animals; provides the sale or possession of live wolves in State is unlawful, with exceptions; permits purchase of live foxes or coyotes for release into enclosures; provides certain traps are allowed for trapping with approved commercial fur license; and repeals certain sections relating to coyotes, foxes, and the use of certain traps.

(A24, R65, S203) Effective: 5/15/03

Higher Education Excellence Enhancement Program

TO AMEND TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING CHAPTER 77 SO AS TO MAKE CERTAIN LEGISLATIVE FINDINGS AND TO ESTABLISH THE SOUTH CAROLINA HIGHER EDUCATION EXCELLENCE ENHANCEMENT PROGRAM FOR THE PURPOSE OF REQUIRING THE COMMISSION ON HIGHER EDUCATION TO ENTER INTO CONTRACTS WITH SPECIFIED PRIVATE COLLEGES AND UNIVERSITIES TO BE USED FOR CERTAIN PURPOSES INTENDED TO ENHANCE THE EDUCATIONAL OPPORTUNITIES OF LOW-INCOME, EDUCATIONALLY, AND SOCIALLY DISADVANTAGED STUDENTS.

ANALYSIS: This act adds a new Chapter 77 in Title 59 of the 1976 Code enacting the South Carolina Higher Education Excellence Enhancement Program. This program is aimed at providing assistance in the form of annual appropriations from the Education Lottery Account for the purpose of assisting in the mission of the four year institutions of higher education in this state in which at least sixty percent of undergraduate students enrolled are low-income and educationally disadvantaged students, defined as students receiving federal Pell grants. The Commission on Higher Education shall administer the program and to be eligible, an institution must apply annually to the commission and be certified as eligible to enter into contracts with the commission pursuant to this program. Fifty percent of funds appropriated by the General Assembly from the Education Lottery Account for this program must be allocated in contracts equally among eligible institutions. The balance must be awarded by the commission to institutions in merit-based contract awards using criteria developed by the commission. The priority use of the equal allocations must be to provide nonfederal matching funds for federal funding programs for historic preservation and capital improvements. In awarding merit-based contracts, the commission must give priority to proposals that can be matched with funds provided to eligible institutions pursuant to federal funding programs. In Section 2-77-30, there is provided the specific purposes for which contracts may be awarded. Institutions receiving assistance pursuant to the program must maintain records as the commission requires in order facilitating auditing. Funds provided pursuant to program contracts not used within three years of the award must be repaid to the Education Lottery Account.

(A25, R66, S224) Effective: 5/14/03

Youthful offender and conviction, definitions revised; nonrefundable flat legal fee allowed in criminal cases

TO AMEND SECTION 24-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORRECTION AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT THE TERM “YOUTHFUL OFFENDER” INCLUDES A PERSON UNDER SEVENTEEN YEARS OF AGE WHO HAS COMMITTED A NONVIOLENT CRIME THAT IS A CLASS D FELONY; AND BY ADDING SECTION 40-5-390 SO AS TO PROVIDE THAT IN ANY CRIMINAL CASE AN ATTORNEY MAY CHARGE A NONREFUNDABLE FLAT FEE.

ANALYSIS: This act revises the definition of the term youthful offender to include certain individuals who have committed a Class D felony and revises the maximum term of imprisonment a felony an individual is charged with may carry for the individual to be considered as a youthful offender. This act also allows an attorney to charge a person a nonrefundable flat fee in a criminal case.

(A26, R67, S360) Effective: 5/14/03

Secured transactions; filing fee; financing statement; Uniform Commercial Code; filing office

TO AMEND SECTION 36-9-525, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES CHARGED FOR FILING AND INDEXING CERTAIN RECORDS IN ACCORDANCE WITH TITLE 36 OF THE 1976 CODE, SO AS TO RECALCULATE HOW THE FEE IS ASSESSED.

ANALYSIS: This act increases the fees for filing and indexing certain records in connection with a secured transaction.

(A27, R68, S419) Effective: 5/15/03 without the signature of the Governor

Certificate of Need required for constructing health care facility or acquiring medical equipment

TO AMEND SECTION 44-7-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONS AND TRANSACTIONS EXEMPT FROM THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE THE EXEMPTION FOR OFFICES OF LICENSED PRIVATE PRACTITIONERS AND REQUIRE THAT A LICENSED PRIVATE PRACTITIONER OBTAIN A CERTIFICATE OF NEED FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL BEFORE UNDERTAKING CONSTRUCTION OR ESTABLISHMENT OF A NEW HEALTH CARE FACILITY OR ACQUIRING CERTAIN MEDICAL EQUIPMENT USED FOR DIAGNOSIS OR TREATMENT.

ANALYSIS: Self explanatory

(A28, R69, S447) Effective: 5/15/03 without the signature of the Governor

Athletic Commission, State; placed under the Department of Labor, Licensing and Regulation; licensure of athletic contestants and athletic events

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 TO TITLE 40 SO AS TO PLACE THE STATE ATHLETIC COMMISSION UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS AND COMMISSIONS UNDER THE ADMINISTRATION OF THE DEPARTMENT AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF VARIOUS ATHLETES AND ATHLETIC EVENTS; AND TO REPEAL CHAPTER 7, TITLE 52, RELATING TO THE STATE ATHLETIC COMMISSION AND TO COUNTY ATHLETIC COMMISSIONS.

ANALYSIS: This act repeals current provisions of law pertaining to the State Athletic Commission and county athletic commissions and organizes these provisions under Title 40 of the code, conforming them to the statutory organizational framework for professional and occupational boards and commissions under the administration of the Department of Labor, Licensing and Regulation.

The act eliminates county athletic commissions and further specifies the athletic events regulated by the state commission and the individuals who must be licensed. The act also establishes specific requirements to be licensed as a boxer, contestant in a toughman contest, professional kickboxer, and wrestler. Additionally the act provides requirements for licensure as a manager, announcer, promoter, referee, judge, timekeeper, and matchmaker for athletic events. The act provides licensure exceptions and specifies limitations on licensing a boxer who has sustained recent knockouts or a series of consecutive losses.

Finally, the act provides criminal penalties for various violations.

(A29, R70, S463) Effective: 5/14/03

Disabilities and special needs, department, property ownership confirmed, proceeds

TO CONFIRM THE OWNERSHIP BY THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS OF REAL PROPERTY DESCRIBED IN ACT 1645 OF 1972, TO DIRECT THE STATE BUDGET AND CONTROL BOARD TO DEED THE PROPERTY TO THE DEPARTMENT, AND TO ALLOW THE DEPARTMENT TO RETAIN THE PROCEEDS OF ANY SALE OF THE PROPERTY.

ANALYSIS: Self explanatory

(A30, R72, S497) Effective: 5/14/03

Taxation, property, county may reduce assessment ratio on general aviation aircraft

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-360 SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO REDUCE THE ASSESSMENT RATIO APPLICABLE TO GENERAL AVIATION AIRCRAFT SUBJECT TO PROPERTY TAX IN THE COUNTY TO AN AMOUNT NOT LESS THAN FOUR PERCENT OF THE FAIR MARKET VALUE OF THE AIRCRAFT.

ANALYSIS: Self explanatory

(A31, R77, H3233) Effective: 5/14/03

Administration of the government; official state wildflower, Goldenrod

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-704 SO AS TO DESIGNATE GOLDENROD THE OFFICIAL STATE WILDFLOWER.

ANALYSIS: Self explanatory

(A32, R78, H3303) Effective: 5/15/03 without the signature of the Governor

Game, deer hunting allowed across State on private land on Sunday

TO AMEND SECTION 50-11-310(E), AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AREAS OF THE STATE WHERE IT IS NOT UNLAWFUL TO HUNT DEER ON SUNDAY, SO AS TO PROVIDE THAT IT IS NOT UNLAWFUL IN THIS STATE TO HUNT DEER ON SUNDAY ON PRIVATE LAND.

ANALYSIS: The act expands Sunday deer hunting on private land, during deer season, to all of the State rather than just in Game Zone 4.

(A33, R79, H3613) Effective: 5/14/03

Fish and game, furbearing animals and beavers

TO AMEND SECTION 50-11-2570, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO TAKE OR CAPTURE DESTRUCTIVE FURBEARING ANIMALS OR OTHER DESTRUCTIVE GAME ANIMALS, SO AS TO FURTHER PROVIDE FOR THE RESTRICTIONS ON SUCH PERMITS AND REPORTING REQUIREMENTS PERTAINING TO THE PERMITS; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO PROVIDE THERE IS NO CLOSED SEASON FOR BEAVER ON PRIVATE LANDS; AND TO REPEAL SECTION 50-11-130 RELATING TO PENALTIES FOR HUNTING WITH FIREARMS IN GAME ZONE 9 DURING SPECIFIC TIMES.

ANALYSIS: This act first provides that a person taking a furbearing animal under authority of a depredation permit may not dispose of the animal commercially. A person taking a furbearing animal in accordance with a depredation permit must report the number and type of animal taken to the department on forms prescribed by the department within twenty-one days of the expiration of the permit. The act also provides with some exceptions that the season for hunting small game is Thanksgiving Day through March first. There is no closed season for beaver on private lands, and, there is no open season on grouse except in Game Zone 1.

(A34, R80, H3722) Effective: 5/14/03

Release of photographs, visual images, and audio recordings of an autopsy

TO AMEND SECTION 17-5-535, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS AUTHORIZED TO VIEW PHOTOGRAPHS OR VIDEOS OF AND INCIDENTAL TO THE PERFORMANCE OF AN AUTOPSY AND THE PENALTY FOR VIOLATING THIS PROVISION, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES IN WHICH PHOTOGRAPHS, VISUAL IMAGES, VIDEOS, AND AUDIO RECORDINGS OF OR RELATED TO AN AUTOPSY MAY BE VIEWED, OR DISSEMINATED AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS THAT ARE EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO REVISE CIRCUMSTANCES IN WHICH PHOTOGRAPHS AND VIDEOS OF AND RELATED TO THE PERFORMANCE OF AN AUTOPSY MAY BE VIEWED, AND TO PROVIDE THE CIRCUMSTANCES IN WHICH CERTAIN VISUAL IMAGES AND AUDIO RECORDINGS OF AN AUTOPSY MAY BE VIEWED AND USED.

ANALYSIS: This act revises the circumstances under which certain photographs, visual images, and audio recordings of an autopsy may be released to the public.

(A35, R83, H3902) Effective: 5/14/03

Federal law enforcement officer definition revised

TO AMEND SECTION 23-1-212, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF STATE CRIMINAL LAWS BY FEDERAL LAW ENFORCEMENT OFFICERS, SO AS TO REVISE THE DEFINITION OF “FEDERAL LAW ENFORCEMENT OFFICER” TO INCLUDE UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE LAW ENFORCEMENT OFFICERS AND SPECIAL AGENTS, UNITED STATES DEPARTMENT OF INTERIOR FISH AND WILDLIFE SPECIAL AGENTS, AND UNITED STATES NATIONAL MARINE FISHERIES SPECIAL AGENTS.

ANALYSIS: This act revises the definition of the term federal law enforcement officer to include United States Department of Agriculture Forest Service law enforcement officers and special agents, United States Department of Interior Fish and Wildlife special agents, and United States National Marine Fisheries special agents.

(A36, R84, H3906) Effective: 5/14/03

Horry-Georgetown County line altered

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-311 SO AS TO ALTER THE COUNTY LINES OF HORRY AND GEORGETOWN COUNTIES BY ANNEXING A CERTAIN PORTION OF GEORGETOWN TO HORRY COUNTY AND TO MAKE PROVISIONS FOR LEGAL RECORDS.

ANALYSIS: This act transfers approximately 18.42 acres of land from Georgetown County to Horry County.

(A37, R89, S36) Effective: 6/2/03

Animals; guide dogs or service animals, protection of provided; Layla’s law

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO TITLE 47 SO AS TO PROVIDE FOR THE PROTECTION OF GUIDE DOGS AND SERVICE ANIMALS, TO DEFINE CERTAIN TERMS, AND TO PROVIDE PENALTIES.

ANALYSIS: This bill provides for the protection of guide dogs and service animals, provides penalties, and defines certain terms.

(A38, R90, S107) Effective: 6/2/03

Tourism Expenditure Review Committee, membership increased

TO AMEND SECTION 6-4-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE TOURISM EXPENDITURE REVIEW COMMITTEE, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO ELEVEN, BY ADDING ONE MEMBER ON THE RECOMMENDATION OF THE SOUTH CAROLINA ARTS COMMISSION, AND ONE MEMBER AT LARGE TO BE APPOINTED BY THE GOVERNOR.

ANALYSIS: Self explanatory

(A39, R91, S204) Effective: June 2, 2003

Land Use Dispute Resolution Act, enacted

TO AMEND SECTION 1-23-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF ADMINISTRATIVE LAW JUDGES, SO AS TO AUTHORIZE AN ADMINISTRATIVE LAW JUDGE TO USE MEDIATION IN A MANNER THAT DOES NOT CONFLICT WITH OTHER PROVISIONS OF LAW AND IS CONSISTENT WITH THE DIVISION’S RULES OF PROCEDURE; TO AMEND SECTION 6-29-800, RELATING TO THE POWERS OF A ZONING BOARD OF APPEALS, SO AS TO PROVIDE A MATTER MAY BE REMANDED TO AN ADMINISTRATIVE OFFICIAL IF THE BOARD DETERMINES THE RECORD IS INSUFFICIENT FOR REVIEW; TO AMEND SECTION 6-29-820, RELATING TO APPEAL FROM A ZONING BOARD OF APPEALS TO A CIRCUIT COURT, SO AS TO PROVIDE THAT A PROPERTY OWNER MAY FILE A NOTICE OF APPEAL ACCOMPANIED BY A REQUEST FOR PRE-LITIGATION MEDIATION; BY ADDING SECTION 6-29-825 SO AS TO PROVIDE THE PROCEDURE FOR PRE-LITIGATION MEDIATION IN AN APPEAL FROM A ZONING BOARD OF APPEALS DECISION; TO AMEND SECTION 6-29-830, RELATING TO THE NOTICE OF APPEAL FROM A ZONING BOARD OF APPEALS DECISION, SO AS TO PROVIDE FOR THE PROCEDURE BY DIRECT APPEAL AND BY APPEAL AFTER THE MEDIATION IS NOT SUCCESSFUL OR APPROVED; TO AMEND SECTION 6-29-840, RELATING TO DETERMINATION OF THE APPEAL, SO AS TO PROVIDE WHEN AN APPEAL INCLUDES NO ISSUES TRIABLE OF RIGHT BY JURY OR WHEN THE PARTIES CONSENT, THAT THE APPEAL MUST BE PLACED ON THE NONJURY DOCKET AND TO PROVIDE IF ANY PARTY SO REQUESTS, THE APPEAL MUST BE GIVEN PRECEDENCE OVER OTHER CIVIL CASES; TO AMEND SECTION 6-29-890, RELATING TO AN APPEAL TO A BOARD OF ARCHITECTURAL REVIEW, SO AS TO PROVIDE A MATTER MAY BE REMANDED TO AN ADMINISTRATIVE OFFICIAL IF THE BOARD DETERMINES THE RECORD IS INSUFFICIENT FOR REVIEW; TO AMEND SECTION 6-29-900, RELATING TO AN APPEAL FROM A BOARD OF ARCHITECTURAL REVIEW TO THE CIRCUIT COURT, SO AS TO PROVIDE THAT A PROPERTY OWNER MAY FILE A NOTICE OF APPEAL ACCOMPANIED BY A REQUEST FOR PRE-LITIGATION MEDIATION; BY ADDING SECTION 6-29-915 SO AS TO PROVIDE THE PROCEDURE FOR PRE-LITIGATION MEDIATION IN AN APPEAL FROM A BOARD OF ARCHITECTURAL REVIEW DECISION; TO AMEND SECTION 6-29-920, RELATING TO THE NOTICE OF APPEAL FROM A BOARD OF ARCHITECTURAL REVIEW DECISION, SO AS TO PROVIDE FOR THE PROCEDURE BY DIRECT APPEAL AND BY APPEAL AFTER THE MEDIATION IS NOT SUCCESSFUL OR APPROVED; TO AMEND SECTION 6-29-930, RELATING TO DETERMINATION OF THE APPEAL, SO AS TO PROVIDE WHEN AN APPEAL INCLUDES NO ISSUES TRIABLE OF RIGHT BY JURY OR WHEN THE PARTIES CONSENT, THAT THE APPEAL MUST BE PLACED ON THE NONJURY DOCKET AND TO PROVIDE IF ANY PARTY SO REQUESTS, THE APPEAL MUST BE GIVEN PRECEDENCE OVER OTHER CIVIL CASES; TO AMEND SECTION 6-29-1150, RELATING TO AN APPEAL FROM A DECISION OF A PLANNING COMMISSION, SO AS TO PROVIDE THAT A PROPERTY OWNER MAY FILE A NOTICE OF APPEAL ACCOMPANIED BY A REQUEST FOR PRE-LITIGATION MEDIATION THAT, WHEN AN APPEAL INCLUDES NO ISSUES TRIABLE OF RIGHT BY JURY OR WHEN THE PARTIES CONSENT, THE APPEAL MUST BE PLACED ON THE NONJURY DOCKET, AND THAT, IF ANY PARTY SO REQUESTS, THE APPEAL MUST BE GIVEN PRECEDENCE OVER OTHER CIVIL CASES; BY ADDING SECTION 6-29-1155 SO AS TO PROVIDE THE PROCEDURE FOR PRE-LITIGATION MEDIATION IN AN APPEAL FROM A PLANNING COMMISSION DECISION; AND BY ADDING ARTICLE 9 TO CHAPTER 29, TITLE 6 SO AS TO PROVIDE EDUCATIONAL REQUIREMENTS FOR ZONING OFFICIALS AND EMPLOYEES AND TO CREATE AN ADVISORY COMMITTEE TO APPROVE COURSES FOR ORIENTATION AND CONTINUING EDUCATION PROGRAMS.

ANALYSIS: SECTION 1 of the act amends Section 1-23-630 of the 1976 Code which authorizes an administrative law judge to use mediation in a manner before the Administrative Law Judge Division.

The remainder of the act amends the South Carolina Local Government Comprehensive Planning And Enabling Act of 1994 to establish a land use dispute resolution procedure.

SECTION 2 amends Section 6-29-800 which allows a matter before a zoning board of appeals to be remanded to an administrative official if the board determines that the record is insufficient for review.

SECTION 3 amends Section 6-29-820 which allows a property owner to file a notice of appeal accompanied by a request for pre-litigation mediation.

SECTION 4 amends Chapter 29, Title 6 by adding Section 6-29-825. This sections sets out a pre-trial mediation process and requires that any mediation settlement must be approved by the local legislative governing body and the circuit court. If there is a land use change or other change agreed to the mediation which effects the existing law, it is effective only as to the real property which is subject to the mediation and the settlement agreement does not act as precedent as to other parcels of real property. If the mediation is not successful or if the settlement is not approved by the local legislative governing body, a property owner may appeal by filing a petition setting forth why the decision is contrary to law. There are time limits established by which the petition must be filed.

SECTION 5 amends Section 6-29-830 which establishes a procedure for a direct appeal and by appeal after the mediation is not successful or approved.

SECTION 6 amends Section 6-29-840 and SECTION 11 amends 6-29-930 which requires that when an appeal includes no issues triable of right by jury or when the parties consent, that the appeal must be placed on the nonjury docket. The appeal must be given precedence over other civil cases.

SECTION 7 amends Section 6-29-890 which provides that a matter before an appeal to a board of architectural review may be remanded to an administrative official if the board determines that the record is insufficient for review.

SECTION 8 amends Section 6-29-900 which authorizes a property owner to file a notice of appeal from a board of architectural review to the circuit court if it is accompanied by a request for pre-litigation mediation.

SECTION 9 amends Chapter 29, Title 6 by adding Section 6-29-915 which establishes a procedure for pre-litigation mediation in an appeal from the board of architectural review decision.

SECTION 10 amends Section 6-29-920 which establishes a procedure by direct appeal and by appeal after the mediation is not successful or approved.

SECTION 12 amends Section 6-29-1150 which authorizes a property owner to file a notice of appeal upon the decision of the planning commission when it is accompanied by a request for pre-litigation mediation. If the appeal includes no issues triable of right by jury or when the parties consent, the appeal must be placed on the nonjury docket, and, if any one request, the appeal must be given precedence over other civil cases.

SECTION 13 amends Chapter 29, Title 6 by adding Section 6-29-1155 which establishes a procedure for pre-litigation mediation in an appeal from a planning commission decision.

SECTION 14 amends Chapter 29, Title 6 by adding Article 9 which establishes educational requirements for local government planning or zoning officials or employees. Official and employees in the land use planning area must complete six hours of orientation within one year of their appointment and complete three hours of continuing education each year after that. The article further requires the various subject areas which may be included in a topic. Those individuals with masters or doctorates degrees or certification from the American Institute of Certified Planners are exempt. The provisions of this new article are effective beginning January 1, 2005, for those jurisdictions with a population greater than seventy thousand, January 1, 2006, for jurisdictions with a population greater than thirty-five thousand, and January 1, 2007, for jurisdictions with a population smaller than thirty-five thousand.

(A40, R92, S228) Effective: 6/2/03

Alcoholic beverages, food items made with, license for, shipment of wine into this State for personal consumption, etc.

TO AMEND CHAPTER 6, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALCOHOL BEVERAGE CONTROL ACT, BY ADDING SECTION 61-6-710, ESTABLISHING A SPECIAL FOOD MANUFACTURER’S LICENSE TO BE ISSUED BY THE DEPARTMENT OF REVENUE FOR A PERSON WHO MANUFACTURES FOOD ITEMS SUCH AS SAUCES AND MARINADES IN WHICH THERE IS AN ALCOHOLIC BEVERAGE INGREDIENT AND WHO DOES SO UNDER AN AGREEMENT WITH THE ALCOHOLIC BEVERAGE MANUFACTURER, AND TO ALLOW THE PURCHASE OF THE ALCOHOLIC BEVERAGE IN CONTAINERS HOLDING QUANTITIES GREATER THAN THE QUANTITIES SOLD TO THE CONSUMER, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH THE FORM OF APPLICATION AND CONDITIONS FOR ISSUANCE OF THE LICENSE; TO AMEND SECTION 12-33-210, RELATING TO THE TAXES ON LICENSES ISSUED UNDER TITLE 61, SO AS TO INCLUDE A TAX FOR THE SPECIAL FOOD MANUFACTURER’S LICENSE; TO AMEND SECTION 61-2-175, RELATING TO SHIPPING ALCOHOLIC BEVERAGES INTO THE STATE, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGES MAY BE SHIPPED DIRECTLY TO A RESIDENT WHO HOLDS A SPECIAL FOOD MANUFACTURER’S LICENSE; TO AMEND SECTION 61-6-2900, RELATING TO THE SHIPMENT OR TRANSFER OF IMPORTED ALCOHOLIC BEVERAGES, SO AS TO PROVIDE THE ALCOHOLIC BEVERAGES MAY BE SHIPPED TO A PERSON HOLDING A SPECIAL FOOD MANUFACTURER’S LICENSE; TO AMEND SECTION 61-6-4050, RELATING TO THE PURCHASE OF ALCOHOLIC LIQUORS FROM LICENSED RETAIL DEALERS SO AS TO ADD ALCOHOLIC LIQUORS PURCHASED PURSUANT TO A SPECIAL FOOD MANUFACTURER’S LICENSE; BY AMENDING SECTION 61-6-1500, RELATING TO RESTRICTIONS ON RETAIL DEALERS OF ALCOHOLIC LIQUORS, SO AS TO AUTHORIZE A DEALER TO SELL ALCOHOLIC LIQUORS IN CONTAINERS OF ONE HUNDRED MILLILITERS; BY ADDING SECTION 61-4-745 SO AS TO AUTHORIZE A PERSON WHO IS AT LEAST TWENTY-ONE YEARS OF AGE AND IS A LEGAL RESIDENT OF THE STATE TO HAVE SHIPPED OR TRANSPORTED FROM A MANUFACTURER OF WINE UP TO TWENTY-FOUR BOTTLES OF WINE EACH MONTH FOR HIS OWN CONSUMPTION WITHOUT ACQUIRING PERMITS OR LICENSES; BY ADDING SECTION 61-4-747 SO AS TO AUTHORIZE A MANUFACTURER OF WINE WITHIN OR OUTSIDE THIS STATE THAT HOLDS A WINE PRODUCER AND BLENDERS BASIC PERMIT ISSUED IN ACCORDANCE WITHIN THE FEDERAL ALCOHOL ADMINISTRATION ACT TO SHIP TO A RESIDENT OF THIS STATE WHO IS AT LEAST TWENTY-ONE YEARS OF AGE UP TO TWENTY-FOUR BOTTLES OF WINE FOR HIS PERSONAL USE AND TO PROVIDE THE CONDITION UNDER WHICH THIS SHIPMENT MUST BE MADE; BY AMENDING SECTION 12-21-1610, RELATING TO THE PROHIBITION AGAINST SHIPPING BEER AND WINE INTO THIS STATE EXCEPT TO A LICENSED BEER AND WINE WHOLESALE DISTRIBUTOR, SO AS TO DELETE THE PROVISIONS WHICH PERMITTED AN INDIVIDUAL TO IMPORT BEER AND WINE INTO THIS STATE FOR PERSONAL USE AND CONSUMPTION; AND TO AMEND SECTION 61-2-80, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE TO REGULATE THE OPERATION OF RETAIL LOCATIONS AUTHORIZED TO SELL BEER, WINE, OR ALCOHOLIC LIQUORS, SO AS TO PROVIDE THAT THE DEPARTMENT OCCUPIES THE ENTIRE FIELD OF BEER, WINE, AND LIQUOR REGULATION EXCEPT AS IT RELATES TO HOURS OF OPERATION MORE RESTRICTIVE THAN THOSE SET FORTH IN TITLE 61.

ANALYSIS: Self explanatory

(A41, R94, S425) Effective: 6/2/03

Lexington County precincts renamed, redesignated, etc.

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 RENAME CERTAIN PRECINCTS AND REDESIGNATE 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

(A42, R95, S438) Effective: 6/3/03

Consumer protection, high-cost home loans; consumer home loan; disclosure; predatory loan provision; good faith; prepayment; unconscionablility; title lending; manufactured home; mortgage broker; local government

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 23 TO TITLE 37, RELATING TO CONSUMER PROTECTION SO AS TO ENACT THE “SOUTH CAROLINA HIGH-COST AND CONSUMER HOME LOANS ACT”, TO DEFINE THE SUBJECT LOANS, TO PROHIBIT PROVISIONS IN A HIGH-COST HOME LOAN AGREEMENT FOR ACCELERATION, BALLOON PAYMENT, NEGATIVE AMORTIZATION, INTEREST INCREASE, ADVANCE PAYMENTS FROM LOAN PROCEEDS, AND ADDITIONAL FEES IN CERTAIN CIRCUMSTANCES, TO REQUIRE A HIGH-COST HOME LOAN LENDER TO ENSURE THAT THE BORROWER RECEIVES THE OPPORTUNITY FOR LOAN COUNSELING AND IS REASONABLY ABLE TO MEET HIS LOAN OBLIGATIONS, TO PROHIBIT THE FINANCING OF CERTAIN FEES IN CONNECTION WITH MAKING A HIGH-COST HOME LOAN AND THE CHARGING OF POINTS AND FEES IN CONNECTION WITH THE REFINANCING OF AN EXISTING HIGH-COST HOME LOAN, TO PROVIDE FOR CERTAIN DISCLOSURES TO THE BORROWER BEFORE THE LOAN IS MADE, TO PROVIDE FOR ENFORCEMENT BY THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, ATTORNEY GENERAL, COMMISSIONER OF BANKING, THE DIRECTOR OF THE CONSUMER FINANCE DIVISION, OR A PARTY TO THE LOAN, TO PROVIDE FOR REMEDIES AND PENALTIES FOR VIOLATIONS OF THE HIGH-COST HOME LOAN RESTRICTIONS AND PROHIBITIONS INCLUDING ATTORNEY’S FEES, TO PROVIDE FOR ESTABLISHMENT OF GOOD FAITH BY A HIGH-COST HOME LOAN LENDER, TO PROVIDE CERTAIN RESTRICTIONS AND PROHIBITIONS IN THE MAKING OF A CONSUMER HOME LOAN, INCLUDING RESTRICTIONS ON THE CHARGING OF POINTS AND FEES AND THE PROHIBITION OF “FLIPPING” A LOAN, FINANCING CERTAIN INSURANCE PREMIUMS, AND ENCOURAGING DEFAULT OF A PREVIOUS LOAN, TO PROVIDE THAT A VIOLATION OF THE CONSUMER HOME LOAN RESTRICTIONS OR PROHIBITIONS, TO PROVIDE FOR PENALTIES AND REMEDIES INCLUDING ATTORNEY’S FEES; TO PROVIDE FOR REPAYMENT WITHOUT PENALTY OF CERTAIN LOANS; TO PROVIDE FOR DISCLOSURE OF THE AMOUNT THE LENDER EARNS FROM THE LOAN; TO PROVIDE FOR ESTABLISHMENT OF GOOD FAITH BY A LENDER; TO AMEND SECTION 37-10-103, RELATING TO PREPAYMENT WITHOUT PENALTY OF CERTAIN LOANS, SO AS TO INCREASE THE LOAN LIMIT FROM ONE HUNDRED THOUSAND DOLLARS TO ONE HUNDRED FIFTY THOUSAND DOLLARS; TO AMEND SECTION 37-1-109, RELATING TO THE CHANGE OF DOLLAR AMOUNTS IN THE CONSUMER PROTECTION CODE, SO AS TO ADD THAT LIMIT OF ONE HUNDRED FIFTY THOUSAND DOLLARS AS AN AMOUNT SUBJECT TO CHANGE ACCORDING TO CERTAIN INDICES; BY ADDING SECTIONS 37-2-309 AND 37-3-308 SO AS TO REQUIRE CERTAIN DISCLOSURES IN CONNECTION WITH THE CREDIT SALE OF A PURCHASER-OCCUPIED MANUFACTURED HOME OR A LOAN FOR THE PURCHASE, REFINANCING, OR CONSOLIDATION OF A LOAN SECURED BY A BORROWER-OCCUPIED MANUFACTURED HOME; TO AMEND SECTION 37-5-203, RELATING TO CIVIL PENALTIES FOR VIOLATION OF DISCLOSURE PROVISIONS, SO AS TO REFERENCE THE DISCLOSURES REQUIRED IN CONNECTION WITH A CREDIT SALE OF OR LOAN SECURED BY A MANUFACTURED HOME, TO INCREASE THE PENALTY AMOUNT, AND TO PROHIBIT CLASS ACTIONS; TO AMEND SECTION 37-5-108, AS AMENDED, RELATING TO UNCONSCIONABILITY IN CONSUMER CREDIT TRANSACTIONS, SO AS TO PROVIDE THAT, IF, CONSIDERING CERTAIN FACTORS, THE CONSUMER IS UNABLE TO MAKE SCHEDULED PAYMENTS ON THE OBLIGATION WHEN DUE OR IS PERMITTED TO ENTER INTO A TRANSACTION FROM WHICH HE DERIVES NO SUBSTANTIAL BENEFIT, THE COURT MAY FIND THE TRANSACTION UNCONSCIONABLE; TO AMEND SECTION 37-3-103, RELATING TO DEFINITIONS FOR PURPOSES OF CONSUMER PROTECTION, BY DEFINING “SHORT-TERM VEHICLE SECURED LOAN”; TO ADD SECTION 37-3-413 SO AS TO PROVIDE THAT CERTAIN RESTRICTIONS APPLY TO A CONSUMER LOAN BY A SUPERVISED LENDER WITH SCHEDULED LOAN PAYMENTS OF FEWER THAN TWO HUNDRED FORTY DAYS INCLUDING DISCLOSURE REQUIREMENTS, PROHIBITION ON PREPAYMENT PENALTIES, AND LIMITS ON RENEWALS; TO ADD SECTION 40-58-78 SO AS TO PRESCRIBE AND PROHIBIT CERTAIN ACTS BY A MORTGAGE BROKER OR ORIGINATOR; AND TO ADD SECTION 34-1-140 SO AS TO PROVIDE THAT A POLITICAL SUBDIVISION OF THIS STATE MAY NOT REGULATE LENDING AND FINANCIAL ACTIVITIES OF CERTAIN ENTITIES.

ANALYSIS: This act establishes a comprehensive protection framework for consumers entering into high-cost or consumer home loans credit transactions involving manufactured homes, and short-term vehicle secured loans (car title loans). Protections include prescriptions and prohibitions, disclosures, and consumer remedies. The title is self explanatory as to details.

(A43, R104, H3673) Effective: 6/2/03

Foster care, permanency planning, termination of parental rights, and criminal records checks revisions

TO AMEND SECTION 20-7-776, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMANENCY PLANNING HEARINGS FOR CHILDREN IN FOSTER CARE, SO AS TO FURTHER SPECIFY PROCEDURES FOR THESE HEARINGS; TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO SHOW COMPELLING REASONS FOR A PERMANENCY PLAN THAT DOES NOT REUNITE A CHILD WITH HIS PARENTS OR A RELATIVE AND DOES NOT TERMINATE PARENTAL RIGHTS AND TO REQUIRE THE COURT TO FIND COMPELLING REASONS FOR APPROVING SUCH A PLAN; AND TO FURTHER SPECIFY THE COURT’S AUTHORITY AND STANDARDS THAT MUST BE MET AFTER ADOPTION VIABILITY IS CONSIDERED, FOSTER CARE IS CONTINUED, AND TERMINATION OF PARENTAL RIGHTS IS NOT INITIATED; TO AMEND SECTION 20-7-768, RELATING TO STANDARDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO REQUIRE THE COURT TO FIND COMPELLING REASONS FOR NOT INITIATING TERMINATION OF PARENTAL RIGHTS UNDER CERTAIN CIRCUMSTANCES, RATHER THAN PRESUMING THAT SUCH CIRCUMSTANCES IN AND OF THEMSELVES ARE COMPELLING REASONS; AND TO AMEND SECTION 20-7-1640, AS AMENDED, RELATING TO FINGERPRINT REVIEWS OF FOSTER CARE LICENSE APPLICANTS, SO AS TO DELETE PROVISIONS AUTHORIZING THE DEPARTMENT TO ISSUE TEMPORARY LICENSES PENDING RECEIPT OF THE RESULTS OF THE FEDERAL BUREAU OF INVESTIGATION REVIEW.

ANALYSIS: This act revises various provisions relating to court hearings in which the status of and permanent plans for children in foster care are reviewed. It further specifies the children under state care whose cases must be reviewed and if the Department of Social Services plan for the child is not reunification with the child’s parents or placement with a relative or termination of parental rights, the department must show compelling reasons for choosing another plan and the court also must find compelling reasons if it approves such a plan. Additionally, the act specifically authorizes the court to extend a permanency plan for up to eighteen months if it is determined at that time that it would not be safe to return a child home and that termination of parental rights are not in the child’s best interest.

The act also revises provisions relating to children for whom termination of parental rights and adoption is not in the children’s best interest, so as to emphasize services to effect reunification or independence or placing custody of the child with another relative. The act also requires at least annual permanency planning reviews.

Finally, the act deletes provisions authorizing the department to issue temporary foster care licenses after a SLED fingerprint review is favorably completed but before the FBI review is received.

(A44, R106, H3990) Effective: 6/2/03

Artificial Reef Special License Plates redesignated as Saltwater Fishing Special License Plates

TO AMEND ARTICLE 62, CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ARTIFICIAL REEF SPECIAL LICENSE PLATE, SO AS TO RENAME IT THE “SALTWATER FISHING” SPECIAL LICENSE PLATE, AND PROVIDE THAT THE PORTION OF THE PROCEEDS COLLECTED FROM THE ISSUANCE OF THIS SPECIAL LICENSE PLATE THAT WAS USED TO SUPPORT ARTIFICIAL REEF DEVELOPMENT, MAINTENANCE, AND MANAGEMENT MUST BE USED TO MANAGE AND CONSERVE THE MARINE RESOURCES OF THIS STATE.

ANALYSIS: This act revises the provision that created the Artificial Reef Special License Plate by renaming the license plate the Saltwater Fishing Special License Plate. The act also increases the special motor vehicle license fee from fifty dollars to seventy-five dollars and redirects the portion of the fee that was used to support artificial reef development, maintenance, and management to managing and conserving the marine resources of the State.

(A45, R107, H4007) Effective: 6/2/03

Dental hygienists; further regulation in private office settings, schools, and public settings

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-82 SO AS TO SPECIFY CERTAIN FUNCTIONS AND PROCEDURES THAT MAY NOT BE DELEGATED TO DENTAL HYGIENISTS; TO AMEND SECTION 40-15-85, AS AMENDED, RELATING TO DEFINITIONS OF TERMS USED IN THE LICENSURE AND REGULATION OF DENTISTS AND DENTAL HYGIENISTS, SO AS TO REVISE THE DEFINITION OF “GENERAL SUPERVISION” AND “ORAL PROPHYLAXIS”; BY ADDING SECTION 40-15-102 SO AS TO SPECIFY CERTAIN FUNCTIONS THAT A DENTAL HYGIENIST MAY ONLY PERFORM UNDER GENERAL SUPERVISION IN A PRIVATE OFFICE SETTING; AND TO AMEND SECTION 40-15-110, RELATING TO CERTAIN EXEMPTIONS FROM THE REQUIREMENTS OF CHAPTER 15, TITLE 40 REGULATING DENTISTS AND DENTAL HYGIENISTS, SO AS TO REVISE PROVISIONS PERTAINING TO DENTAL HYGIENISTS PROVIDING SERVICES IN A PUBLIC HEALTH SETTING.

ANALYSIS: This act specifies functions and procedures that may not be delegated to dental hygienists. It also clarifies what functions may be assigned to dental hygienist in a private setting. The act additionally clarifies the role of a dental hygienist in the public health system and authorizes dental assistant’s under the direction of the Department of Health and Environmental Control, to perform oral screenings in schools and public health settings.

(A46, R111, H4149) Effective: 6/2/03

Union County precincts, revised and redesignated

TO AMEND SECTION 7-7-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN UNION COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN UNION COUNTY AND REDESIGNATE 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

(A47, R123, H3410) Effective: 6/6/03

Department of Archives and History; retention schedule approval

TO AMEND SECTION 30-1-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY ASSISTING IN CREATING, FILING, AND PRESERVING RECORDS, SO AS TO ELIMINATE THE BUDGET AND CONTROL BOARD FROM THE RECORDS RETENTION SCHEDULE APPROVAL PROCESS AND ELIMINATE THE REQUIREMENT THAT THE GENERAL SCHEDULES BE DEVELOPED AS STATE REGULATIONS.

ANALYSIS: This bill eliminates the Budget and Control Board from the records retention schedule approval process and eliminates the requirement that the general schedules be developed as state regulations.

(A48, R126, H3592) Effective: 6/6/03

Trusts and estates; Probate Code; principal and interest; fiduciary; trustee

TO AMEND SECTION 62-7-403, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOCATION OF RECEIPTS AND DISBURSEMENTS BETWEEN PRINCIPAL AND INCOME FOR PURPOSES OF A TRUST OR ESTATE, SO AS TO EXPAND THE SCOPE OF THE SECTION BY MAKING A CHANGE IN A CROSS-REFERENCE.

ANALYSIS: This act expands the scope of the provision dealing with allocation of monies between principal and interest by making a cross reference inclusive.

(A49, R129, H3939) Effective: 6/6/03

Water and sewage; passive soil-based on-site disposal system

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 14 TO CHAPTER 55, TITLE 44 SO AS TO ESTABLISH PROVISIONS REGULATING THE INSTALLATION AND USE OF PASSIVE SOIL-BASED ON-SITE DISPOSAL SYSTEMS USED TO COLLECT, TREAT, DISCHARGE, OR RECLAIM WASTEWATER OR SEWAGE FROM A SINGLE DWELLING UNIT WITHOUT THE USE OF COMMUNITYWIDE SEWERS OR A CENTRALIZED TREATMENT FACILITY; TO REQUIRE MANUFACTURERS TO PROVIDE A WARRANTY TO EACH PROPERTY OWNER AND TO PROVIDE FINANCIAL ASSURANCE AND SYSTEM DESIGN AND INSTALLATION DOCUMENTATION TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO REQUIRE SYSTEM INSTALLATION BY CERTIFIED INSTALLERS AND TO PROVIDE INSTALLATION STANDARDS AND PROCEDURES; AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES; AND TO PROVIDE THAT, WHEN REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RELATING TO INSTALLATION STANDARDS AND FINANCIAL ASSURANCES ARE APPROVED BY THE GENERAL ASSEMBLY, SECTIONS 44-55-1320 AND 44-55-1330 RELATING TO THESE MATTERS ARE REPEALED.

ANALYSIS: This act establishes the requirements for single residential unit septic tanks, passive soil-based on-site disposal systems. It requires manufacturers of these systems to provide a five-year warranty on the system and it requires the system to be installed by a certified technician pursuant to minimum standards provided in the act. The manufacturer also must provide the Department of Health and Environmental Control with certain financial assurance information.

(A50, R113, S166) Effective: 6/6/03

Fish and Game; definition revised for offense of hunting from public road

TO AMEND SECTION 50-11-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF HUNTING FROM A PUBLIC ROAD OR RAILROAD RIGHT-OF-WAY WITHOUT PERMISSION TO HUNT FROM THE ADJACENT LANDOWNER, SO AS TO REVISE THE DEFINITION OF “HUNTING” FOR PURPOSES OF THE OFFENSE.

ANALYSIS: Section 50-11-760 of the 1976 Code makes it unlawful to hunt from a public road or railroad right-of-way if the hunter does not have permission to hunt from the adjacent landowner. A definition in the code section defined “hunting” as taking dear by occupying stands for that purpose and possessing, carrying, or having a readily accessible loaded rifle or shotgun. This act alters the definition by replacing the “and” with “or.”

Thus for purposes of this offense, “hunting” includes occupying a deer stand or possessing, carrying, or having a readily accessible and loaded rifle or loaded shotgun.

(A51, R116, S342) Effective: 6/5/03

Department of Motor Vehicles Reform Act of 2003; Elks Association Special License Plate established; mechanics liens revisions

TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 41 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE “SOUTH CAROLINA ELKS ASSOCIATION” SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES; TO ENACT THE DEPARTMENT OF MOTOR VEHICLES REFORM ACT OF 2003; BY ADDING SECTION 56-1-5 SO AS TO ESTABLISH THE SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES AS AN ADMINISTRATIVE AGENCY OF STATE GOVERNMENT; TO TRANSFER ALL FUNCTIONS, POWERS, DUTIES, RESPONSIBILITIES, AND AUTHORITY STATUTORILY EXERCISED BY THE MOTOR VEHICLE DIVISION AND THE MOTOR CARRIER SERVICES UNIT WITHIN THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF MOTOR VEHICLES, TO PROVIDE FOR THE APPOINTMENT OF AN EXECUTIVE DIRECTOR OF THE DEPARTMENT OF MOTOR VEHICLES AND HIS DUTIES AND RESPONSIBILITIES, AND TO PROVIDE THAT THE LEGISLATIVE AUDIT COUNCIL SHALL CONDUCT AN INDEPENDENT REVIEW OF THE DEPARTMENT OF MOTOR VEHICLES, TO PROVIDE THAT THE EMPLOYEES, FUNDS, APPROPRIATIONS, ASSETS, LIABILITIES, BONDED INDEBTEDNESS, REAL AND PERSONAL PROPERTY, CONTRACTUAL RIGHTS, AND OBLIGATIONS OF THE MOTOR VEHICLE DIVISION AND THE MOTOR CARRIER SERVICES UNIT OF THE DEPARTMENT OF PUBLIC SAFETY ARE TRANSFERRED TO AND BECOME PART OF THE DEPARTMENT OF MOTOR VEHICLES UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL HAVE ACCESS TO CERTAIN DATA AND REPORTS MAINTAINED BY THE DEPARTMENT OF MOTOR VEHICLES OR THE DEPARTMENT OF PUBLIC SAFETY, OR BOTH, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MUST IMPLEMENT MOTOR CARRIER SERVICES IN SIX LOCATIONS THROUGHOUT THE STATE, TO CREATE AN INTERAGENCY ADVISORY COUNCIL BETWEEN THE STATE TRANSPORT POLICE AND THE MOTOR CARRIER SERVICES TO FACILITATE A SMOOTH AND EFFICIENT TRANSITION AND ENSURE EFFICIENT INFORMATION EXCHANGES, AND TO PROVIDE THAT THE GOVERNOR SHALL DESIGNATE A LEAD AGENCY TO DISTRIBUTE FEDERAL MOTOR CARRIER SAFETY GRANTS AND FUNDS; BY ADDING SECTION 56-1-15 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MUST ENTER INTO CONTRACTS WITH VARIOUS ENTITIES TO ADMINISTER CERTAIN PORTIONS OF THE DRIVER’S LICENSE EXAMINATION, TO PROVIDE THAT AN ENTITY MAY CHARGE A FEE IN EXCESS OF THE FEE CHARGED BY THE DEPARTMENT TO PROVIDE THIS SERVICE, TO PROVIDE THAT THE DEPARTMENT MUST RANDOMLY TEST DRIVER’S LICENSE APPLICANTS WHO SUCCESSFULLY COMPLETE A DRIVER’S LICENSE EXAMINATION ADMINISTERED BY AN ENTITY, AND TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY SUSPEND THE AUTHORITY OR CONTRACT OF AN ENTITY UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 56-1-125 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL REGISTER CERTAIN PERSONS FOR THE UNITED STATES SELECTIVE SERVICE WHEN THEY APPLY FOR THE ISSUANCE, RENEWAL, OR A DUPLICATE COPY OF CERTAIN DRIVER’S LICENSES OR AN IDENTIFICATION CARD; BY ADDING SECTION 56-1-345 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY CHARGE AND COLLECT CERTAIN FEES FOR PROVIDING COPIES OF CERTAIN RECORDS MAINTAINED BY THE DEPARTMENT; TO AMEND SECTION 1-30-90, AS AMENDED, RELATING TO ESTABLISHMENT OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE ITS MOTOR VEHICLE DIVISION, TO DELETE THE RESPONSIBILITIES IT ASSUMED WHEN CERTAIN FUNCTIONS OF THE DIVISION OF MOTOR VEHICLES WERE TRANSFERRED TO IT, AND TO DELETE ITS MOTOR VEHICLE LICENSING, REGISTRATION, AND TITLING FUNCTIONS; TO AMEND SECTION 23-6-20, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE ITS MOTOR VEHICLE DIVISION, AND CERTAIN RESPONSIBILITIES THAT WERE TRANSFERRED TO THE DEPARTMENT WHEN IT WAS ESTABLISHED; TO AMEND SECTION 23-6-30, AS AMENDED, RELATING TO THE DUTIES AND RESPONSIBILITIES OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE CERTAIN DUTIES AND POWERS OF THE DEPARTMENT TO INCLUDE LICENSE SUSPENSIONS AND REVOCATIONS, THE TITLING AND REGISTRATION OF MOTOR VEHICLES, THE LICENSING OF MOTOR VEHICLE OPERATORS, THE COLLECTION OF LICENSE, REGISTRATION, TITLING, AND OTHER FEES, AND THE MAINTENANCE OF AN AUTOMATED SYSTEM FOR THE STORAGE AND RETRIEVAL OF ALL MOTOR VEHICLE AND MOTOR VEHICLE OPERATOR RECORDS; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO THE DEFINITIONS OF TERMS CONCERNING THE REGULATION OF MOTOR VEHICLES IN THIS STATE, SO AS TO REVISE THE DEFINITION OF THE TERM “DEPARTMENT” TO MEAN THE DEPARTMENT OF MOTOR VEHICLES UNDER CERTAIN CIRCUMSTANCES AND THE DEPARTMENT OF PUBLIC SAFETY UNDER OTHER CIRCUMSTANCES; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER’S LICENSE, SO AS TO PROVIDE FOR THE ISSUANCE OF A DRIVER’S LICENSE THAT IS VALID FOR TEN YEARS; TO AMEND SECTION 56-1-210, AS AMENDED, RELATING TO WHEN A DRIVER’S LICENSE IS NO LONGER VALID, AND THE RENEWAL OF A DRIVER’S LICENSE, SO AS TO PROVIDE THE CIRCUMSTANCES UPON WHICH A DRIVER’S LICENSE IS VALID FOR FIVE YEARS AND THE CIRCUMSTANCES UPON WHICH A DRIVER’S LICENSE IS VALID FOR TEN YEARS, TO DELETE A PROVISION THAT REQUIRES A DRIVER’S LICENSE APPLICANT TO SUCCESSFULLY PASS A VISION TEST AND THE CIRCUMSTANCES UPON WHICH THIS TEST MAY BE WAIVED, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ALLOW A PERSON TO RENEW HIS DRIVER’S LICENSE ELECTRONICALLY, TO SUBSTITUTE THE TERM VISION SCREENING FOR THE TERM VISUAL EXAMINATION; TO AMEND SECTION 56-1-220, AS AMENDED, RELATING TO THE EYE EXAMINATION THAT IS REQUIRED OF A PERSON WHO SEEKS TO RENEW HIS DRIVER’S LICENSE, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH A PERSON WHO SEEKS TO RENEW HIS DRIVER’S LICENSE MUST HAVE HIS EYES EXAMINED OR SCREENED; TO AMEND SECTION 56-2-2740, AS AMENDED, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY’S AUTHORITY TO REFUSE TO RENEW THE DRIVER’S LICENSE AND MOTOR VEHICLE REGISTRATION OF A PERSON WHO HAS NOT PAID CERTAIN PROPERTY TAXES, AND TO THE DEPARTMENT’S ISSUANCE OF BIENNIAL LICENSE PLATES AND REVALIDATION DECALS, SO AS TO PROVIDE THAT THIS PROVISION RELATES TO PERSONAL PROPERTY TAXES, TO PROVIDE THAT THESE FUNCTIONS ARE TRANSFERRED TO THE DEPARTMENT OF MOTOR VEHICLES FROM THE DEPARTMENT OF PUBLIC SAFETY, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ENTER INTO CONTRACT WITH CERTAIN ENTITIES TO ISSUE LICENSE PLATES AND REVALIDATION DECALS, AND TO PROVIDE THAT THESE ENTITIES MAY CHARGE A FEE IN EXCESS OF THE FEE CHARGED BY THE DEPARTMENT FOR THE PROVISION OF THESE SERVICES; TO AMEND SECTION 56-19-420, AS AMENDED, RELATING TO CERTAIN FEES THAT MAY BE CHARGED FOR THE ISSUANCE OF CERTAIN MOTOR VEHICLE TITLES, SO AS TO INCREASE THE FEE THAT MAY BE CHARGED FOR THE ISSUANCE OF THESE TITLES, AND TO PROVIDE THAT A PORTION OF THIS FEE MUST BE USED BY THE DEPARTMENT OF MOTOR VEHICLES TO DEFRAY CERTAIN OPERATIONAL EXPENSES; TO REPEAL SECTION 23-6-35 RELATING TO CERTAIN FEES THE DEPARTMENT OF PUBLIC SAFETY MAY CHARGE AND COLLECT FOR PROVIDING COPIES OF CERTAIN RECORDS, AND ARTICLE 7, CHAPTER 6, TITLE 23, RELATING TO THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE MOTOR VEHICLE DIVISION WITHIN THE DEPARTMENT OF PUBLIC SAFETY; TO PROVIDE THAT THE TERMS MOTOR VEHICLE DIVISION, MOTOR VEHICLES DIVISION, DIVISION OF MOTOR VEHICLE, AND DIVISION OF MOTOR VEHICLES SHALL MEAN THE DEPARTMENT OF MOTOR VEHICLES, UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT THE TERM DEPARTMENT OF PUBLIC SAFETY SHALL MEAN THE DEPARTMENT OF MOTOR VEHICLES UNDER CERTAIN CIRCUMSTANCES, AND TO DIRECT THE CODE COMMISSIONER TO CHANGE THESE REFERENCES UNDER CERTAIN CIRCUMSTANCES; TO PROVIDE THAT IS UNLAWFUL FOR A PERSON TO DISCLOSE ANY CONFIDENTIAL INFORMATION WHICH BELONGS TO THE DEPARTMENT OF PUBLIC SAFETY MOTOR VEHICLE DIVISION UNDER CERTAIN CIRCUMSTANCES DURING OR AFTER THE TRANSFER OF THE CONFIDENTIAL INFORMATION FROM THE MOTOR VEHICLE DIVISION TO THE DEPARTMENT OF MOTOR VEHICLES, AND TO PROVIDE A PENALTY FOR A PERSON WHO VIOLATES THIS PROVISION; BY ADDING SECTION 56-1-215 SO AS TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES A PERSON MAY HAVE HIS LICENSE RENEWED WITHOUT TAKING THE ROAD TEST OR A WRITTEN EXAMINATION; TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES IS PROHIBITED FROM HIRING ADDITIONAL EMPLOYEES UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 29-5-10, AS AMENDED, RELATING TO MECHANICS LIENS CONCERNING A PERSON WHO FURNISHES LABOR AND MATERIAL FOR THE ERECTION, ALTERATION, OR REPAIR OF A BUILDING OR STRUCTURES, SO AS TO REVISE THE COMPONENTS OF THE TERM “WORK OF MAKING THE REAL ESTATE SUITABLE AS A SITE FOR A BUILDING OR STRUCTURE” TO INCLUDE THE DISPOSAL OF CERTAIN CONSTRUCTION AND DEMOLITION DEBRIS; AND BY ADDING SECTION 29-5-27 SO AS TO PROVIDE THAT ANY PERSON PROVIDING CERTAIN CONSTRUCTION AND DEMOLITION DEBRIS DISPOSAL SERVICES IS A LABORER, AND TO PROVIDE A DEFINITION FOR THE TERM PERSON.

ANALYSIS: This act contained the Motor Vehicle Reform Act of 2003 which creates the Department of Motor Vehicles by transferring certain functions of the Department of Public Safety to the new department. It also allows the Department of Motor Vehicles to issue S.C. Elks Association Special License Plates. It also revises certain provisions that relate to mechanics liens.

(A52, R117, S478) Effective: 6/6/03

Salvaged motor vehicle certificate of title established; antique motor vehicle, model year revised

TO AMEND SECTION 56-19-480 AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER AND SURRENDER OF A MOTOR VEHICLE’S CERTIFICATE OF TITLE, LICENSE PLATE, REGISTRATION CARD, AND MANUFACTURERS’ SERIAL PLATE UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT, WHEN AN INSURANCE COMPANY OBTAINS TITLE TO A VEHICLE FROM SETTLING A TOTAL LOSS CLAIM, THE INSURANCE COMPANY MAY OBTAIN A TITLE TO THE VEHICLE DESIGNATED AS “SALVAGE” AND MUST PAY THE FEE ASSOCIATED WITH OBTAINING A CERTIFICATE OF TITLE, AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO A MOTOR VEHICLE THAT HAS A FAIR MARKET VALUE OF TWO THOUSAND DOLLARS OR LESS, OR TO AN ANTIQUE MOTOR VEHICLE; TO AMEND SECTION 56-19-485, RELATING TO THE TRANSFER OF WRECKED OR SALVAGED MOTOR VEHICLES, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO A MOTOR VEHICLE THAT HAS A FAIR MARKET VALUE OF TWO THOUSAND DOLLARS OR LESS, OR TO AN ANTIQUE MOTOR VEHICLE; AND TO AMEND SECTION 56-3-2210, AS AMENDED, RELATING TO DESIGNATING CERTAIN MOTOR VEHICLES AS ANTIQUE MOTOR VEHICLES, SO AS TO REVISE THE AGE OF A MOTOR VEHICLE THAT MAY BE DESIGNATED AS AN ANTIQUE MOTOR VEHICLE.

ANALYSIS: This act allows an insurance company to obtain a certificate of title to a vehicle from settling a total loss claim with a designation of “salvage”. However, this provision does not apply to a motor vehicle with a fair market value of two thousand dollars or less, or to an antique motor vehicle. It also revises the model years for motor vehicles designated as antique motor vehicles from those that are over thirty years old to those that are over twenty-five years old.

(A53, R118, S489) Effective: 6/6/03

Belle W. Baruch Foundation property; unlawful activities while on; penalties, exceptions

TO AMEND SECTION 50-11-940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PROPERTY OF BELLE W. BARUCH FOUNDATION DESIGNATED AS A BIRD AND GAME REFUGE, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TRAP, HUNT, MOLEST, OR ATTEMPT TO MOLEST ANY GAME, INCLUDING WILD HOGS AND COYOTES, WITHIN THE REFUGE, OR TO TRESPASS IN ANY MANNER UPON THE PROPERTY OF THE BELLE W. BARUCH FOUNDATION FOR THAT PURPOSE, TO PROVIDE A PENALTY, AND TO PROVIDE THAT IT IS NOT UNLAWFUL FOR AN EMPLOYEE OR AGENT OF THE FOUNDATION TO CAPTURE, TRAP, OR HUNT WILD HOGS, COYOTES, DEER, OR RACCOON, UPON THE AUTHORIZATION OF THE FOUNDATION, FOR THE PURPOSE OF ANIMAL OR DISEASE CONTROL OR OTHER ENVIRONMENTAL OR ECOLOGICAL PURPOSES.

ANALYSIS: This bill provides that it is unlawful for a person to trap, hunt, molest, or attempt to molest game or to trespass on the Belle W. Baruch Foundation property; it provides a penalty; and it allows an employee or agent of the foundation to capture, trap, or hunt certain animals for animal or disease control.

(A54, R121, S572) Effective: 6/6/03

Livestock law enforcement officers may use Uniform Traffic Ticket for certain new violation

TO AMEND SECTION 47-4-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLICE POWERS OF MEMBERS AND AGENTS OF THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION AND THE EMPLOYMENT BY THE COMMISSION OF LIVESTOCK LAW ENFORCEMENT OFFICERS, SO AS TO AUTHORIZE THESE OFFICERS AND OTHER LAW ENFORCEMENT OFFICERS TO USE THE UNIFORM TRAFFIC TICKET FOR VIOLATIONS OF TITLE 47 WHICH FALL WITHIN THE JURISDICTION OF THE COMMISSION AND OF THE SUMMARY COURTS; AND TO AMEND SECTION 56-7-10, AS AMENDED, RELATING TO THE REQUIREMENT THAT ALL LAW ENFORCEMENT OFFICERS USE THE UNIFORM TRAFFIC TICKET FOR TRAFFIC OFFENSES AND CERTAIN OTHER OFFENSES, SO AS TO INCLUDE ON THE UNIFORM TRAFFIC TICKET OFFENSES RELATING TO LIVESTOCK AND POULTRY, PROVIDE THAT A VIOLATION OF THIS SECTION DOES NOT SUBJECT THE DEFENDANT’S DRIVING RECORD TO ASSESSMENT OF ANY POINTS NOR MAY THE VIOLATION BE CONSIDERED BY ANY INSURANCE COMPANY FOR AUTOMOBILE INSURANCE OR MERIT RATING SYSTEM AND RECOUPMENT PURPOSES.

ANALYSIS: Section 1 amends Section 47-4-110 of the 1976 Code which authorizes livestock law enforcement officers to use the Uniform Traffic Ticket for violations of Title 47 which fall under the jurisdiction of the Livestock-Poultry Health Commission and of the summary courts. A person charged with the violation of this section is not subject to the defendant’s driving record and may not be considered a violation by an insurance company for automobile insurance or merit rating and recoupment purposes.

Section 2 amends Section 56-7-10 which adds to the Uniform Traffic Ticket violations of Title 47.

(A55, R97, S591) Effective: 6/2/03

Reapportionment, Senate and House of Representatives

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-75, SO AS TO ESTABLISH ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SOUTH CAROLINA SENATE ARE ELECTED COMMENCING WITH THE 2004 GENERAL ELECTION; TO ADOPT THE UNITED STATES CENSUS OF 2000; TO REPEAL SECTIONS 1-1-730 AND 2-1-65, RELATING TO THE ADOPTION OF THE UNITED STATES CENSUS OF 1990 AND THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE WERE FORMERLY ELECTED; TO DESIGNATE THE PRESIDENT PRO TEMPORE OF THE SENATE AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE SENATE REAPPORTIONMENT PLAN TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT; TO PROVIDE THAT ANY VACANCIES FILLED PRIOR TO THE 2004 GENERAL ELECTION BE FROM THE SENATE DISTRICTS ESTABLISHED BY THE FEDERAL THREE-JUDGE PANEL’S INTERIM ORDER; TO PROVIDE THAT, IF THIS ACT IS INVALIDATED BY A COURT DECISION OR OBJECTED TO BY THE DEPARTMENT OF JUSTICE, THE HOUSE OF REPRESENTATIVES ELECTIONS IN 2004 SHALL BE FROM THE DISTRICTS ESTABLISHED BY THE FEDERAL THREE-JUDGE PANEL’S INTERIM ORDER; BY ADDING SECTION 2-1-45 SO AS TO ESTABLISH ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES ARE ELECTED COMMENCING IN THE 2004 GENERAL ELECTION; TO REPEAL SECTION 2-1-25 RELATING TO THE ESTABLISHMENT OF ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES WERE FORMERLY ELECTED; TO DESIGNATE THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE HOUSE OF REPRESENTATIVES REAPPORTIONMENT PLAN TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT; TO PROVIDE THAT ANY VACANCIES FILLED BEFORE THE 2004 GENERAL ELECTION BE FROM THE HOUSE OF REPRESENTATIVES DISTRICTS ESTABLISHED BY THE FEDERAL THREE-JUDGE PANEL’S INTERIM ORDER; AND TO PROVIDE THAT IF ANY PART OF SECTION 2-1-45 IS DETERMINED TO BE NULL AND VOID EITHER BY A FAILURE TO RECEIVE PRECLEARANCE FROM THE DEPARTMENT OF JUSTICE OR BY ANY COURT OF COMPETENT JURISDICTION, SECTION 2-1-45 IS REPEALED, ALL PROVISIONS OF SECTION 2-1-45 BEING DECLARED TO BE NONSEVERABLE FROM THE OTHER.

ANALYSIS: Self explanatory

(A56, R114, S285) Effective: 6/6/03

Fish and game; certain area of Saluda River, daily creel limit of trout changed

TO AMEND SECTION 50-13-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TOTAL CREEL LIMIT OF GAME FISH TAKEN IN ONE DAY, TO PROVIDE THAT NOT MORE THAN FIVE OF THE LIMIT MAY BE TROUT TAKEN FROM THE SALUDA RIVER BETWEEN THE LAKE MURRAY DAM AND THE CONFLUENCE OF THE BROAD RIVER.

ANALYSIS: This bill limits the number of trout a person may take from that portion of the lower Saluda River between the Lake Murray Dam and the confluence of the Broad River to five in one day.

(A57, R120, S542) Effective: 6/13/03

Fish and Game; waterfowl, migratory; unlawful to hunt on a certain part of Lake Marion; penalties

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-33 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT MIGRATORY WATERFOWL ON DEAN SWAMP IN CLARENDON COUNTY OR WATERS ADJACENT TO SANTEE COOPER RESORT IN ORANGEBURG COUNTY ON LAKE MARION WITHIN TWO HUNDRED YARDS OF A DWELLING AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

ANALYSIS: This bill makes it unlawful for a person to hunt migratory waterfowl on a certain part of Lake Marion within two hundred yards of a dwelling without written permission from the homeowner.

(A58, R124, H3575) Effective: 6/13/03

Property; abandoned property; unclaimed property; insurance company; demutualization

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-18-85 SO AS TO PROVIDE FOR TREATMENT OF UNCLAIMED PROPERTY PAYABLE OR DISTRIBUTABLE IN THE COURSE OF THE DEMUTUALIZATION OF AN INSURANCE COMPANY AS ABANDONED IN FIVE YEARS EXCEPTING AMOUNTS DUE TO THE STATE OR A POLITICAL SUBDIVISION OF THE STATE.

ANALYSIS: This act provides that unclaimed monies payable as a result of demutulization of an insurance company are deemed abandoned after five years, unless the monies are due the State.

(A59, R125, H3586) Effective: 6/18/03

Prescription drugs, reduced costs for; South Carolina Retirees and Individuals Pooling Together for Savings Act (SCRIPTS)

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 6, TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA RETIREES AND INDIVIDUALS POOLING TOGETHER FOR SAVINGS ACT WHICH CREATES A PROGRAM TO BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO PROVIDE PRESCRIPTION DRUGS AT A REDUCED COST TO NONMEDICAID SENIOR RESIDENTS; TO REQUIRE THE DEPARTMENT TO ESTABLISH ANNUAL ENROLLMENT FEES WHICH MUST FULLY FUND THE ADMINISTRATION OF THE PROGRAM; TO AUTHORIZE THE DEPARTMENT TO SEEK NECESSARY WAIVERS, TO COMBINE NEGOTIATING POWERS TO ATTAIN REDUCED PRESCRIPTION COSTS FOR PROGRAM ENROLLEES, AND TO CONTRACT WITH OTHER STATES AND ENTITIES TO ASSIST IN ADMINISTERING THIS PROGRAM; AND TO REQUIRE THE DEPARTMENT TO REPORT TO THE GENERAL ASSEMBLY ANNUALLY ON THE PROGRAM.

ANALYSIS: This act establishes within the Department of Health and Human Services the South Carolina Retirees and Individuals Pooling Together for Savings (SCRIPTS) program for South Carolina Residents sixty-five years of age or older who do not receive Medicaid. The department must establish annual enrollment fees to cover all additional costs for administration of the program. The department is authorized to obtain waivers and to combine negotiating power for the program with negotiating power for pharmaceutical pricing and rebates to achieve reduced prescription costs for enrollees. It further authorizes the department to contract with other states, governmental purchasing pools, and nonprofit organizations to assist in administering the program. The Budget and Control Board must review an implementation and administration plan submitted by the department, and thereafter, the plan may be implemented as soon as practicable. Finally, the department is required to report annually to the General Assembly providing information needed to evaluate the costs and benefits of the program.

(A60, R130, H3950) Effective: 6/13/03

Fish, protection of; Aquaculture Enabling Act; limitations on certain fish and exemptions; fishing licenses; penalties for sale of certain fish; locations unlawful for use of commercial blue crab traps

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 18, TITLE 50, SO AS TO ENACT THE AQUACULTURE ENABLING ACT, TO PROVIDE CERTAIN DEFINITIONS USED IN REGULATING AQUACULTURE, TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES HAS THE AUTHORITY TO PERMIT, LICENSE, AND REGULATE AQUACULTURE AND AQUACULTURE BUSINESSES, TO PROVIDE FOR CERTAIN LICENSES AND FEES, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO ENGAGE IN COMMERCIAL AQUACULTURE IN THIS STATE EXCEPT AS PROVIDED IN THIS ARTICLE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ARTICLE; TO AMEND SECTION 50-9-710, RELATING TO PAY PONDS AND PAY-TO-FISH BUSINESSES, SO AS TO PROVIDE THAT PATRONS OF COMMERCIAL FISHING LAKES AND PAY-TO-FISH BUSINESSES ARE EXEMPT FROM PURCHASING AN INDIVIDUAL ANNUAL LICENSE IF THE COMMERCIAL FISHING BUSINESS HAS A VALID AQUACULTURE PERMIT OR REGISTRATION; TO AMEND SECTION 50-13-280, AS AMENDED, RELATING TO LIMITS ON POSSESSION OF GAME FISH, SO AS TO PROVIDE THAT THESE LIMITS DO NOT APPLY TO AQUACULTURE PRODUCED FISH; TO AMEND SECTION 50-13-1130, AS AMENDED, RELATING TO REQUIRING A COMMERCIAL FRESHWATER FISHING LICENSE WHEN TAKING CATFISH FROM PUBLIC WATERS, SO AS TO DELETE THE REFERENCE TO CATFISH AND PROVIDE THAT A PERSON TAKING FRESHWATER NONGAME FISH EXCEPT SHAD, HERRING, AND STURGEON FROM PUBLIC WATERS WHO SELLS OR OFFERS THEM FOR SALE MUST HAVE A COMMERCIAL FRESHWATER FISHING LICENSE AND MUST HAVE CERTAIN INVOICES AND OTHER DOCUMENTATION SHOWING THE ORIGIN AND FROM WHERE THE FISH WERE PROCURED AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-13-1610, AS AMENDED, RELATING TO THE UNLAWFUL SALE OF AND TRAFFIC IN CERTAIN GAME FISH, SO AS TO PROVIDE AN EXCEPTION FOR GAME FISH AS ALLOWED BY TITLE 50 AND TO REVISE THE PENALTY PROVISIONS OF THIS SECTION; TO AMEND SECTION 50-5-1335, AS AMENDED, RELATING TO THE UNLAWFUL SETTING OR USE OF A BLUE CRAB TRAP FOR COMMERCIAL PURPOSES, SO AS TO CLARIFY THESE PROVISIONS AND TO ALSO APPLY THIS PROHIBITION TO CERTAIN PORTIONS OF DEBORDIEU CREEK, THE SAMPIT RIVER, AND LITTLE CHECHESSEE CREEK; AND TO REPEAL ARTICLE 1, CHAPTER 18, TITLE 50, RELATING TO HYBRID STRIPED BASS, SECTION 50-13-510, RELATING TO CERTAIN POND OWNER PERMITS, SECTION 50-13-1620, RELATING TO PENALTIES FOR UNLAWFUL SELLING OF FRESHWATER TROUT, SECTION 50-13-1640, RELATING TO DRAWING PRIVATE PONDS AND DISPOSING OF FISH, SECTION 50-13-1650, RELATING TO UNLAWFUL TRANSPORTATION OF GAME FISH OUT-OF-STATE, SECTION 50-13-1680, RELATING TO THE SALE OF MARKED TROUT, SECTION 50-13-1690, RELATING TO INFORMATION REQUIRED TO BE MARKED ON TROUT BEFORE SALE, SECTION 50-13-1700, RELATING TO RETAIL MARKETS SHOWING THE ORIGIN OF TROUT, SECTION 50-13-1710, RELATING TO RESPONSIBILITY OF RETAIL MARKETS FOR CERTAIN VIOLATIONS INVOLVING TROUT, SECTION 50-13-1720, RELATING TO REPORTS ON TROUT SOLD OR IMPORTED INTO THE STATE, SECTION 50-13-1730, RELATING TO REGULATIONS ON SELLING AND SHIPPING TROUT, SECTION 50-13-1740, RELATING TO CERTAIN PENALTIES FOR VIOLATIONS RELATING TO SALE AND TRAFFIC IN TROUT, AND SECTION 50-13-1750, RELATING TO GAME FISH BREEDER’S LICENSES.

ANALYSIS: This act establishes the “Aquaculture Enabling Act” which licenses and regulates persons who engage in aquaculture, the controlled cultivation of an aquatic species in confinement. It specifically provides for the regulation of aquaculture for commercial purposes and it assigns the Department of Natural Resources the responsibility of enforcing this act. which includes criminal penalties for violations.

Additionally, it establishes exceptions to various fishing requirements and limitations when an individual holds a commercial aquaculture permit.

The act also revises other commercial fishing regulations and penalties.

(A61, R157, H3231) Effective: 6/19/03

Illegal per se; administrative license revocation, videotaping of incident sites and breath test sites; compulsory process; administrative hearing filing fee; highway patrolmen permanent records; motor vehicle immobilization

TO AMEND SECTION 23-31-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRESUMPTIONS CREATED WHEN CERTAIN LEVELS OF ALCOHOL ARE FOUND IN A CHEMICAL ANALYSIS OF A PERSON WHO USES A FIREARM’S BLOOD OR BREATH, SO AS TO LOWER THE LEVEL OF ALCOHOL FOUND IN A PERSONS BLOOD THAT MAY BE CONSIDERED WITH OTHER COMPETENT EVIDENCE IN DETERMINING WHETHER A PERSON IS UNDER THE INFLUENCE OF ALCOHOL AND THE LEVEL THAT CREATES AN INFERENCE THAT A PERSON IS UNDER THE INFLUENCE OF ALCOHOL; BY ADDING SECTION 42-3-105 SO AS TO AUTHORIZE THE WORKER’S COMPENSATION COMMISSION TO DOUBLE THE AMOUNT OF FINES AND PENALTIES ASSESSED FOR CERTAIN VIOLATIONS OF THE WORKERS’ COMPENSATION LAW, TO PROVIDE A MINIMUM PENALTY FOR CERTAIN VIOLATIONS, AND TO ALLOW THE COMMISSION TO RETAIN AND EXPEND ALL REVENUES RECEIVED PURSUANT TO THIS SECTION; TO AMEND SECTION 50-21-114, AS AMENDED, RELATING TO CHEMICAL TESTS ADMINISTERED ON A PERSON WHO OPERATES A WATER DEVICE TO DETERMINE WHETHER HE IS OPERATING THE DEVICE WITH AN UNLAWFUL ALCOHOL CONCENTRATION, SO AS TO ALLOW AN ARRESTING OFFICER TO DIRECT A BLOOD SAMPLE BE TAKEN FROM A DECEASED PERSON WHO HE BELIEVES HAS OPERATED A WATER DEVICE WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF BOTH, TO MAKE CERTAIN TECHNICAL CHANGES, AND TO LOWER THE LEVEL OF ALCOHOL FOUND IN A PERSON’S BLOOD THAT MAY BE CONSIDERED WITH OTHER COMPETENT EVIDENCE IN DETERMINING WHETHER A PERSON IS UNDER THE INFLUENCE OF ALCOHOL AND THE LEVEL THAT CREATES AN INFERENCE THAT A PERSON IS UNDER THE INFLUENCE OF ALCOHOL; TO AMEND SECTION 56-1-286, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER’S LICENSE OR A PERMIT, AND THE DENIAL OF ISSUANCE OF A DRIVER’S LICENSE OR A PERMIT TO A PERSON UNDER THE AGE OF TWENTY-ONE WHO DRIVES A MOTOR VEHICLE WITH AN ILLEGAL ALCOHOL CONCENTRATION, SO AS TO MAKE CERTAIN TECHNICAL CHANGES, TO PROVIDE THAT IF A LAW ENFORCEMENT OFFICER INITIATES A SUSPENSION PROCEEDING PURSUANT TO THIS SECTION HE MAY NOT PROSECUTE THE PERSON FOR A VIOLATION OF CERTAIN OTHER SECTIONS THAT REQUIRE A PERSON TO ENTER AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM AND OBTAIN AN ADMINISTRATIVE HEARING, AND TO REVISE THE ALCOHOL CONCENTRATION LEVEL OF A PERSON WHOSE LICENSE IS SUSPENDED THAT COUNTS AS A DEMERIT OR RESULTS IN AN INSURANCE PENALTY FOR AUTOMOBILE PURPOSES; TO AMEND SECTION 56-5-2933, RELATING TO DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, SO AS TO LOWER THE UNLAWFUL ALCOHOL CONCENTRATION FROM TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE TO EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE, TO SUBSTITUTE THE TERM “ARTICULABLE SUSPENSION” FOR THE TERM “PROBABLE CAUSE”, AND TO PROVIDE THAT A PERSON CHARGED WITH A VIOLATION OF THIS SECTION MUST BE GIVEN NOTICE OF INTENT TO PROSECUTE AT LEAST FOURTEEN DAYS BEFORE HIS TRIAL DATE; TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO A DRIVER OF A MOTOR VEHICLE’S IMPLIED CONSENT TO BE ADMINISTERED CERTAIN CHEMICAL TESTS, AND THE RESULTS OF THESE TESTS THAT LEAD TO VARIOUS INFERENCES OF EITHER DRIVING OR NOT DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, OR DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, SO AS TO MAKE A TECHNICAL CHANGE, TO REVISE THE READING THAT THE SIMULATOR TEST MUST REGISTER BEFORE A BREATH TEST IS ADMINISTERED, TO REVISE THE PROVISION THAT REQUIRES A PERSON TO ENROLL IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM, TO LOWER THE LEVEL OF ALCOHOL CONCENTRATION THAT GIVES RISE TO AN INFERENCE THAT A PERSON WAS UNDER THE INFLUENCE OF ALCOHOL, OR HAD AN ILLEGAL ALCOHOL CONCENTRATION, TO PROVIDE THAT POLICIES, PROCEDURES, AND REGULATIONS PROMULGATED BY SLED MAY BE REVIEWED BY THE TRIAL JUDGE OR HEARING OFFICER AND THAT FAILURE TO FOLLOW THESE POLICIES, PROCEDURES, AND REGULATIONS SHALL RESULT IN THE EXCLUSION FROM EVIDENCE OF ANY TEST RESULTS UNDER CERTAIN CIRCUMSTANCES, AND TO ALLOW THE EMPLOYER OF A STATE EMPLOYEE CHARGED WITH THE MAINTENANCE AND ADMINISTRATION OF BREATH TEST DEVICES AND POLICY WHO TESTIFIES IN A PROCEEDING TO CHARGE A REASONABLE FEE TO THE DEFENDANT FOR THESE SERVICES; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER’S LICENSE OF A PERSON WHO REFUSES TO SUBMIT TO CERTAIN TESTS TO DETERMINE WHETHER HE IS OPERATING A VEHICLE WITH AN UNLAWFUL ALCOHOL CONCENTRATION, SO AS TO DELETE AND REVISE CERTAIN PROVISIONS THAT REQUIRE A PERSON TO ENROLL IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM, AND THE NON-ISSUANCE OF AN ALCOHOL RESTRICTED LICENSE TO A PERSON WHO DOES NOT ENROLL IN THE PROGRAM; TO AMEND SECTION 56-5-2953, AS AMENDED, RELATING TO THE VIDEOTAPING OF THE INCIDENT SITE AND THE BREATH TEST SITE OF A PERSON CHARGED WITH OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR THE COMBINATION OF BOTH, OR WHO CAUSES GREAT BODILY HARM OR DEATH WHILE OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF BOTH, SO AS TO MAKE A TECHNICAL CHANGE, AND TO PROVIDE THAT CERTAIN PROVISIONS CONTAINED IN THIS SECTION TAKE EFFECT WHEN VIDEOTAPING DEVICES ARE PRESENT IN CERTAIN LAW ENFORCEMENT VEHICLES AND BREATH TEST SITES; TO REQUEST THE ATTORNEY GENERAL TO BRING AN APPROPRIATE ACTION IN FEDERAL COURT THAT CHALLENGES THE FEDERAL GOVERNMENT’S RIGHT TO WITHHOLD FUNDS TO WHICH A STATE IS OTHERWISE ENTITLED BECAUSE OF A STATE’S FAILURE TO ENACT A STATE LAW CONSISTENT WITH A FEDERAL GOAL OR POLICY; TO REPEAL SECTION 30 OF ACT 390 OF 2000 WHICH RELATES TO LOWERING THE ALCOHOL CONCENTRATION LEVEL FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR OTHER INTOXICATING SUBSTANCES FROM TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE TO EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO THE PENALTY FOR OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, ANY OTHER DRUG, OR A COMBINATION OF DRUGS, AND OPERATING A VEHICLE WITH AN UNLAWFUL ALCOHOL CONCENTRATION, SO AS TO REVISE THE MINIMUM IMPRISONMENT FOR A SECOND OFFENSE, THE MONETARY PENALTY FOR ALL OFFENSES, AND TO PROVIDE THAT A PORTION OF THE PENALTY SHALL BE USED BY THE DEPARTMENT OF PUBLIC SAFETY AND THE STATE LAW ENFORCEMENT DIVISION; BY ADDING SECTION 56-5-2942 SO AS TO PROVIDE THAT A PERSON WHO IS CONVICTED OF A SECOND OR SUBSEQUENT OFFENSE OF OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, ANOTHER DRUG, OR A COMBINATION OF DRUGS, OR OPERATING A VEHICLE WITH AN UNLAWFUL ALCOHOL CONCENTRATION MUST HAVE ALL MOTOR VEHICLES OWNED BY OR REGISTERED TO HIM IMMOBILIZED UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 23-6-180 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST KEEP PERMANENT RECORDS OF ALL HIGHWAY PATROLMEN KILLED IN THE LINE OF DUTY, WHO DIE WHILE ACTIVELY EMPLOYED, AND WHO ARE RETIRED; TO AMEND SECTION 56-5-2934, RELATING TO THE RIGHT TO COMPULSORY PROCESS OF A PERSON WHO IS CHARGED WITH CERTAIN ALCOHOL RELATED OFFENSES SO AS TO PROVIDE THAT THE PROVISION CONTAINED IN THIS SECTION THAT REQUIRES THE ATTENDANCE AT A HEARING OR COURT PROCEEDING OF A STATE EMPLOYEE CHARGED WITH MAINTENANCE AND THE ADMINISTRATION OF BREATH TESTING DEVICES TAKES EFFECT ONCE THE COMPULSORY PROCESS PROGRAM AT THE STATE LAW ENFORCEMENT DIVISION IS FUNDED, AND TO DELETE THE PROVISION THAT REQUIRES A DEFENDANT TO COMPLETE A HEARING REQUEST FORM AND GIVE IT TO AN ARRESTING OFFICER WHO WOULD FORWARD IT TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 56-5-2945, AS AMENDED, RELATING TO CAUSING GREAT BODILY INJURY OR DEATH WHILE DRIVING UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF BOTH, SO AS TO INCREASE THE FINES IMPOSED FOR A VIOLATION OF THIS PROVISION AND TO PROVIDE THAT A PORTION OF THE FINES MUST BE SET ASIDE FOR THE HIGHWAY PATROL; TO AMEND SECTION 56-5-2952, RELATING TO THE FILING FEE FOR AN ADMINISTRATIVE HEARING, SO AS TO PROVIDE THAT THIS FEE APPLIES TO ANY HEARING BEFORE THE DEPARTMENT OF PUBLIC SAFETY, AND TO INCREASE THE FEE FROM FIFTY DOLLARS TO ONE HUNDRED DOLLARS.

ANALYSIS: This act lowers the legal intoxication level that a person may have while operating a vehicle from ten one-hundredths of one percent to eight one-hundredths of one percent. It, among other things:

(1) allows the Workers’ Compensation Commission to increase the fines and penalties that it may assess;

(2) revises the driver’s license revocation procedure;

(3) provides an effective date when the incident site and breath-test site associated with driving under the influence of alcohol violation must be videotaped;

(4) requests the Attorney General to bring an action in federal court that challenges the constitutionality of certain aspects of the Preemption Clause of the U. S. Constitution;

(5) provides for the immobilization of the vehicles of a person who is convicted of a second offense of driving under the influence of alcohol, drugs, or a combination of both;

(6) requires the Department of Public Safety to keep permanent records of all deceased and retired highway patrolmen;

(7) increases the fines for certain driving under the influence of alcohol, drugs, or a combination of both, and Department of Public Safety Administrative hearings.

(A62, R162, H3333) Effective: 6/25/03

School buses; unlawful passing and unloading of passengers

TO AMEND SECTION 56-5-2770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIGNALS AND MARKINGS ON SCHOOL BUSES, AND PROCEDURES RELATING TO THE LEGAL PASSING OF A SCHOOL BUS, SO AS TO REVISE THE TYPE OF MARKINGS AND VISUAL SIGNALS THAT MUST EQUIP A SCHOOL BUS, TO REVISE THE CIRCUMSTANCES UPON WHICH A DRIVER OF A VEHICLE NEED NOT STOP WHEN TRAVELING IN THE OPPOSITE DIRECTION OF A SCHOOL BUS, OR OVERTAKE A SCHOOL BUS, TO PROVIDE THAT A SCHOOL BUS ROUTE THAT REQUIRES PASSENGERS TO BE LOADED OR OFF-LOADED ALONG A MULTI-LANE HIGHWAY OR ROAD MUST BE DESIGNED TO ENSURE THAT A STUDENT IS NOT REQUIRED TO CROSS THE HIGHWAY OR ROAD, AND TO DEFINE THE TERMS MULTI-LANE HIGHWAY AND MULTI-LANE PRIVATE ROAD; AND TO AMEND SECTION 56-5-2780, AS AMENDED, RELATING TO PENALTIES FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO AS TO MAKE A TECHNICAL CHANGE.

ANALYSIS: This act revises the circumstances upon which a person may lawfully pass a school bus. Also, it provides that a school bus may not load or unload passengers at or on a multi-lane highway that requires the passengers to cross the highway.

(A63, R167, H3429) Effective: 6/25/03

Landlord and tenant responsibilities for utilities

TO AMEND SECTION 27-33-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A TENANT’S RESPONSIBILITY FOR GAS, ELECTRIC, WATER, SEWERAGE, OR GARBAGE SERVICES, SO AS TO PROVIDE THAT THESE REQUIREMENTS DO NOT APPLY TO A LANDLORD WHOSE PROPERTY IS A MULTI-UNIT BUILDING CONSISTING OF FOUR OR MORE RESIDENTIAL UNITS SERVED BY A MASTER METER OR SINGLE CONNECTION.

ANALYSIS: Self explanatory

(A64, R168, H3455) Effective: 6/25/03

Health and Environmental Control, Department of; Vital Statistics; unlawful acts; penalties

TO AMEND SECTION 44-63-161, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS INVOLVING VITAL STATISTICS, SO AS TO INCREASE THE PENALTY FOR VIOLATING CERTAIN PROVISIONS OF THIS SECTION, AND TO MAKE TECHNICAL CHANGES.

ANALYSIS: This act increases the penalty for violating certain unlawful acts from a misdemeanor to a felony and makes other technical changes.

(A65, R172, H3684) Effective: 6/25/03

Authorized emergency vehicles, lighted lamps, and illuminating devices

TO AMEND SECTION 56-5-4700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN AUDIBLE SIGNAL DEVICES AND SIGNAL LAMPS THAT MUST SERVE AS EQUIPMENT ON EMERGENCY VEHICLES, SCHOOL BUSES, AND POLICE VEHICLES SO AS TO REVISE THE PROVISION THAT REGULATES THAT TYPE OF EQUIPMENT THAT MUST BE ATTACHED TO POLICE VEHICLES THAT ARE USED AS AUTHORIZED EMERGENCY VEHICLES; AND TO AMEND SECTION 56-5-4830, RELATING TO CERTAIN RESTRICTIONS PLACED ON A LIGHTED LAMP OR ILLUMINATING DEVICE ATTACHED TO A MOTOR VEHICLE, SO AS TO PROVIDE THAT CERTAIN MOTOR VEHICLES MAY NOT DISPLAY A BLUE LIGHT.

ANALYSIS: This act revises the types of lamps and illuminating devices which may be attached to authorized emergency vehicles. It also provides that a blue light may not be attached on certain authorized vehicles.

(A66, R180, H4280) Effective: 6/25/03

Horry County voting precincts, revised, map reference redesignated

TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN HORRY COUNTY AND REDESIGNATE 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

(A67, R182, H4286) Effective: 6/25/03

Spartanburg County precincts, revised and renamed, map number redesignated

TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN SPARTANBURG COUNTY, DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE SPARTANBURG COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF SPARTANBURG COUNTY LEGISLATIVE DELEGATION.

ANALYSIS: Self explanatory

(A68, R137, S258) Effective: 6/25/03

Education, personal finance instruction required

TO AMEND CHAPTER 29, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-165 SO AS TO REQUIRE HIGH SCHOOL STUDENTS TO RECEIVE INSTRUCTION IN THE AREA OF PERSONAL FINANCE AND TO PROVIDE FOR THE USE OF FEDERAL FUNDS MADE AVAILABLE TO THIS STATE PURSUANT TO THE JOBS AND GROWTH RECONCILIATION ACT OF 2003.

ANALYSIS: This act is self explanatory except to note that its provisions dealing with the expenditures of federal funds made available to this state pursuant to the congressionally passed Jobs and Growth Tax Relief Reconciliation Act of 2003 apply for the period July 1, 2003, through June 30, 2005.

(A69, R138, S274) Effective: 6/18/03

Tax; leased motor vehicle; Department of Revenue; property tax; income tax; sales and use tax; assessment; enforcement; collection; claimant agency; tax credits; economic development; premium tax; fee in lieu of taxes; motor fuel user fee; historic renovation; privacy; license tax

TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT A PRIVATE PASSENGER MOTOR VEHICLE LEASED TO A MEMBER OF THE ARMED FORCES OF THE UNITED STATES STATIONED IN THIS STATE WHOSE HOME OF RECORD IS IN ANOTHER STATE AND THE LEASED VEHICLE IS TO BE REGISTERED AND LICENSED IN THE STATE OF THE SERVICE MEMBER’S HOME OF RECORD AND TO EXEMPT ALL VEHICLES LEASED BY A PUBLIC BODY IF THE VEHICLE WOULD OTHERWISE BE EXEMPT IF OWNED BY THE PUBLIC BODY; TO PROVIDE THAT THE AMENDMENT TO SECTION 12-37-220(B)(11), BY ACT 334 OF 2002, APPLIES TO PROPERTY TAX YEARS BEGINNING AFTER 2001; BY ADDING SECTION 12-2-100 SO AS TO PROVIDE THAT A TAX CREDIT ADMINISTERED BY THE DEPARTMENT OF REVENUE IS USEABLE IN THE YEAR IT IS GENERATED AND IS NONREFUNDABLE; TO AMEND SECTION 12-2-20, RELATING TO THE DEFINITION OF “PERSON” FOR TAXATION PURPOSES, SO AS TO PROVIDE THAT THE DEFINITION APPLIES NOT ONLY IN TITLE 12, BUT ALSO IN OTHER TITLES WHICH PROVIDE FOR TAXES THAT ARE ADMINISTERED BY THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-2-25, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO LIMITED LIABILITY COMPANIES AND SINGLE-MEMBER LIMITED LIABILITY COMPANIES, SO AS TO PROVIDE THAT THE DEFINITIONS APPLY NOT ONLY IN TITLE 12, BUT ALSO IN OTHER TITLES WHICH PROVIDE FOR TAXES THAT ARE ADMINISTERED BY THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-8-580, AS AMENDED, RELATING TO STATE INCOME TAX WITHHOLDING ON PROCEEDS OF THE SALE OF REAL PROPERTY BY NONRESIDENTS, SO AS TO CONFORM THE CALCULATION OF AMOUNTS SUBJECT TO WITHHOLDING TO THE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 ALLOWING THE EXCLUSION FROM TAXABLE INCOME OF A PORTION OF THE GAIN ON THE SALE OF A PRINCIPAL RESIDENCE AND TO ALLOW THE DEPARTMENT OF REVENUE TO REVOKE EXEMPTIONS FROM WITHHOLDING ALLOWED FOR CERTAIN TRANSACTIONS IF THE DEPARTMENT DETERMINES THE NONRESIDENT IS NOT COOPERATING IN THE DETERMINATION OF THE TAXPAYER’S SOUTH CAROLINA INCOME TAX LIABILITY; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO ADOPTION OF THE INTERNAL REVENUE CODE, SO AS TO ADOPT IT TO STATE LAW AS AMENDED THROUGH 2002; TO AMEND SECTION 12-6-540, RELATING TO THE STATE INCOME TAX RATES APPLICABLE TO EXEMPT ORGANIZATIONS AND COOPERATIVES, SO AS TO PROVIDE A SPECIFIC REFERENCE TO THE TAX RATE APPLICABLE TO HOMEOWNERS’ ASSOCIATIONS; TO AMEND SECTION 12-13-50, RELATING TO EXCEPTIONS FROM THE BUILDING AND LOAN ASSOCIATION INCOME TAX, SO AS TO PROVIDE THAT PAYMENT OF THE INCOME TAX PROVIDED IN CHAPTER 13, TITLE 12 SHALL NOT BE IN LIEU OF DEED RECORDING FEES; TO AMEND SECTIONS 12-13-70, 12-20-150, 12-28-940, 12-43-210, AND 12-43-230, RELATING TO THE ADMINISTRATION OF THE DEPARTMENT OF REVENUE, THE COMPUTATION OF MOTOR FUEL TAXES, THE ESTABLISHMENT OF UNIFORM AND EQUITABLE TAX ASSESSMENTS, AND THE PROMULGATION OF DEFINITIONAL REGULATIONS TO FACILITATE THE ESTABLISHMENT OF UNIFORM TAX ASSESSMENTS, SO AS TO CHANGE THE DEPARTMENT’S AUTHORITY TO PROMULGATE REGULATIONS FROM MANDATORY TO PERMISSIVE AND TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 12-54-110, RELATING TO THE POWER OF THE DEPARTMENT OF REVENUE TO SUMMON A TAXPAYER OR OTHERS, SO AS TO INCLUDE TAX MATTERS AND OTHER MATTERS ADMINISTERED BY THE DEPARTMENT; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO PROVIDE FOR COUNTY DESIGNATIONS TO BE EFFECTIVE FOR THE TAXABLE YEARS BEGINNING THE FOLLOWING CALENDAR YEAR; TO AMEND SECTION 12-6-3415, RELATING TO INCOME TAX CREDIT FOR RESEARCH AND DEVELOPMENT EXPENSES, SO AS TO MAKE IT APPLICABLE ONLY FOR RESEARCH EXPENSES; TO AMEND SECTION 12-6-3470, RELATING TO EMPLOYER TAX CREDIT, SO AS TO EXEMPT APPLICATION OF THE MAXIMUM AGGREGATE CREDIT FOR EMPLOYEES IN DISTRESSED COUNTIES; TO AMEND SECTION 12-6-3310, RELATING TO CREDITS AGAINST INCOME TAX, SO AS TO PROVIDE FOR PASS THROUGH OF A CREDIT TO A SHAREHOLDER, MEMBER, OR PARTNER OF AN “S” CORPORATION, LIMITED LIABILITY COMPANY TAXED LIKE A PARTNERSHIP, AND PARTNERSHIP; TO AMEND SECTION 12-6-3365, RELATING TO CORPORATE INCOME TAX MORATORIUM FOR JOB CREATION, SO AS TO INCLUDE A MORATORIUM ON INSURANCE PREMIUM TAX, TO REVISE THE DATA USED FOR COMPUTING A COUNTY’S UNEMPLOYMENT RATE AND TO PROVIDE THAT THE DEPARTMENT NAME THE MORATORIUM COUNTIES, EFFECTIVE FOR THE TAXABLE YEAR BEGINNING THE FOLLOWING CALENDAR YEAR; TO REPEAL SECTION 12-10-35 RELATING TO A MORATORIUM ON STATE CORPORATE INCOME TAXES; TO AMEND SECTION 12-44-30, AS AMENDED, AND SECTION 4-12-30, AS AMENDED, BOTH RELATING TO THE DEFINITION OF “MINIMUM INVESTMENT” FOR PURPOSES OF A FEE IN LIEU OF PROPERTY TAX, BOTH SO AS TO PROVIDE FOR EFFECTIVENESS OF COUNTY DESIGNATIONS IN THE FOLLOWING CALENDAR YEAR, AND TO PROVIDE THAT THE DEPARTMENT DESIGNATE REDUCED INVESTMENT COUNTIES, EFFECTIVE FOR A SPONSOR WHOSE FEE AGREEMENT IS SIGNED IN THE CALENDAR YEAR FOLLOWING THE DESIGNATION; BY ADDING SECTION 12-6-535 SO AS TO PROVIDE THAT FOR PURPOSES OF INTERNAL REVENUE CODE SECTION 641(c), AN ELECTING SMALL BUSINESS TRUST IS TAXED AT THE HIGHEST RATE PROVIDED IN SECTION 12-6-510; TO AMEND SECTION 12-6-5020, RELATING TO ENTITIES AUTHORIZED TO FILE CONSOLIDATED CORPORATE INCOME TAX RETURNS, SO AS TO PROVIDE THAT A CORPORATION THAT HAS ELECTED TO BE TAXED UNDER SUBCHAPTER S OF THE INTERNAL REVENUE CODE MAY NOT JOIN IN THE FILING OF A CONSOLIDATED INCOME TAX RETURN; TO AMEND SECTION 12-35-40, RELATING TO MULTISTATE DISCUSSIONS OF SIMPLIFICATION REQUIREMENTS IN CONNECTION WITH THE SIMPLIFIED SALES AND USE TAX ADMINISTRATION ACT, SO AS TO PROVIDE THAT THE DELEGATION TO THE MULTISTATE DISCUSSION MEETINGS MAY BE REIMBURSED FOR LODGING, AIR FARE, AND OTHER BUSINESS EXPENSES; TO AMEND SECTION 12-36-1310, AS AMENDED, RELATING TO THE IMPOSITION OF A STATE USE TAX ON CERTAIN TANGIBLE PERSONAL PROPERTY AND PROVIDING A CREDIT FOR TAXES PAID IN ANOTHER STATE, SO AS TO REQUIRE PROOF THAT THE SALES OR USE TAX WAS DUE AND PAID IN THE OTHER STATE AND TO DELETE A RECIPROCITY REQUIREMENT; TO AMEND SECTION 12-53-40, RELATING TO COSTS AND EXPENSES OF TAX SALES AND COLLECTIONS, SO AS TO INCLUDE THE COST OF FILING, ENROLLING, AND SATISFACTION OF A STATE TAX LIEN; BY ADDING SECTION 12-54-124 SO AS TO PROVIDE THAT IN THE CASE OF THE TRANSFER OF A MAJORITY OF THE ASSETS OF A BUSINESS OTHER THAN CASH, ANY TAX GENERATED BY THE BUSINESS WHICH WAS DUE ON OR BEFORE THE DATE OF THE TRANSFER CONSTITUTES A LIEN AGAINST THE ASSETS IN THE HANDS OF THE TRANSFEREE UNTIL THE TAXES ARE PAID, TO PROVIDE THAT FAIR MARKET VALUE MUST BE USED TO DETERMINE WHETHER A MAJORITY OF THE ASSETS HAVE BEEN TRANSFERRED, TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY NOT ISSUE A LICENSE TO CONTINUE THE BUSINESS TO THE TRANSFEREE UNTIL ALL TAXES DUE TO THE STATE HAVE BEEN PAID AND MAY REVOKE A LICENSE ISSUED TO A BUSINESS THAT VIOLATES THIS PROVISION; TO AMEND SECTION 12-54-25, RELATING TO INTEREST THAT MUST BE PAID ON ANY TAX THAT IS NOT PAID WHEN DUE, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE DISCLOSURE OF CERTAIN RECORDS OF AND REPORTS AND RETURNS FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO INCLUDE AS AN EXCEPTION TO THE PROHIBITION OF DISCLOSURE INFORMATION PURSUANT TO A SUBPOENA ISSUED BY A FEDERAL OR THE STATE GRAND JURY; TO AMEND ARTICLE 1, CHAPTER 60 OF TITLE 12, RELATING TO SOUTH CAROLINA REVENUE PROCEDURES ACT, SO AS TO REVISE THE MANNER IN WHICH AND CONDITIONS UNDER WHICH DISPUTES OR CLAIMS WITH THE DEPARTMENT OF REVENUE ARE DETERMINED AND RESOLVED; TO AMEND ARTICLE 5, CHAPTER 60 OF TITLE 12, RELATING TO STATE REVENUE APPEALS PROCEDURES, SO AS TO REVISE THESE APPEAL PROCEDURES; TO AMEND SECTION 12-60-2110, RELATING TO PROPERTY TAX ASSESSMENT PROTESTS, SO AS TO REVISE THE TIME FOR FILING THESE PROTESTS; TO AMEND SECTION 12-60-2510, AS AMENDED, RELATING TO PROPERTY TAX ASSESSMENT NOTICES, SO AS TO CLARIFY CERTAIN REFERENCES IN THE SECTION; TO AMEND SECTION 12-6-3535, RELATING TO TAX CREDIT FOR REHABILITATION OF AN HISTORIC STRUCTURE, SO AS TO REDEFINE “CERTIFIED HISTORIC RESIDENTIAL STRUCTURE”, DEFINE “OWNER-OCCUPIED RESIDENCE”, AND PROVIDE FOR DOCUMENTATION OF REHABILITATION STANDARDS; TO AMEND ARTICLE 13, CHAPTER 60 OF TITLE 12, RELATING TO PROCEDURES AND CONTESTED REVENUE CASES, SO AS TO REVISE THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE ADMINISTRATIVE LAW JUDGE DIVISION AND DEPARTMENT HEARING OFFICERS; TO AMEND SECTION 30-2-30, RELATING TO DEFINITIONS USED IN THE FAMILY PRIVACY PROTECTION ACT OF 2002, SO AS TO PROVIDE THAT PERSONAL INFORMATION DOES NOT MEAN INFORMATION ABOUT THE NAMES AND ADDRESSES FROM REGISTRATION DOCUMENTS FILED WITH THE DEPARTMENT OF REVENUE AS A BUSINESS ADDRESS WHICH ALSO MAY BE A PERSONAL ADDRESS; TO PROVIDE THAT THE AMENDMENT TO SECTION 12-37-220(B)(11), BY ACT 334 OF 2002, APPLIES TO PROPERTY TAX YEARS BEGINNING AFTER 2001; TO AMEND SECTION 12-4-580, AS AMENDED, RELATING TO DEBT COLLECTION BY THE DEPARTMENT FOR A GOVERNMENTAL ENTITY, SO AS TO REDEFINE “LIABILITIES OWED THE GOVERNMENTAL ENTITY” TO MEAN THE SAME AS “DELINQUENT DEBT” AND TO PROVIDE FOR NOTICE AND AN APPEALS PROCEDURE; TO AMEND SECTION 12-56-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF DEBT COLLECTION BY THE DEPARTMENT FOR A CLAIMANT AGENCY SO TO SPECIFY A COUNTY OR LOCAL GOVERNMENTAL OR QUASI-GOVERNMENTAL ENTITY AS A “POLITICAL SUBDIVISION”; TO AMEND SECTION 12-56-60, RELATING TO SET OFF AGAINST A DEBTOR’S REFUND, SO AS TO REQUIRE THE CLAIMANT AGENCY TO NOTIFY THE DEPARTMENT OF A REDUCTION IN THE DELINQUENCY; TO AMEND SECTION 12-56-62, RELATING TO NOTICE OF SETOFF, SO AS TO PROVIDE FOR NOTICE OF THE INTEREST DUE ON THE DEBT AND THAT SETOFFS MAY BE MADE AGAINST REFUNDS UNTIL THE DELINQUENCY IS SATISFIED; TO AMEND SECTION 12-56-63, RELATING TO PROTEST OF A DEBT TO A CLAIMANT AGENCY, SO AS TO REQUIRE A TAXPAYER IDENTIFICATION NUMBER INSTEAD OF SOCIAL SECURITY NUMBER, TO ALLOW AN ADMINISTRATIVE FEE TO BE CHARGED BY THE MUNICIPAL ASSOCIATION OR ASSOCIATION OF COUNTIES OF SOUTH CAROLINA TO COVER COSTS INCURRED IN SUBMITTING A CLAIM, AND TO MAKE THE ENTITY CLAIMING THROUGH THE ASSOCIATION RESPONSIBLE FOR THE NOTICE AND HEARING REQUIREMENTS; TO AMEND SECTION 12-56-65, RELATING TO A DEBTOR’S CLAIM FOR A REFUND, SO AS TO PROVIDE FOR A DEBTOR’S CLAIM FOR A REFUND OF THE COLLECTED DEBT WITHIN ONE YEAR OF ITS COLLECTION; TO REPEAL SECTION 6-4-30 RELATING TO THE DUTIES OF THE DEPARTMENT IN CONNECTION WITH THE ACCOMMODATIONS TAX; TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO THE SALES TAX ON CHARGES FOR THE TRANSMISSION OF VOICE MESSAGES TO PROVIDE FOR A “BUNDLED TRANSACTION”; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO INCLUDE PRESCRIPTION MEDICINES USED TO PREVENT RESPIRATORY SYNCYTIAL VIRUS; TO AMEND SECTION 12-20-105, RELATING TO PROJECTS ELIGIBLE FOR THE LICENSE TAX CREDIT, SO AS TO INCLUDE ELIGIBILITY PURSUANT TO ANY OF THE FEE IN LIEU PROGRAMS; TO AMEND SECTION 12-10-95, RELATING TO THE RETRAINING TAX CREDIT, SO AS TO ALLOW THE CREDIT FOR APPRENTICESHIP PROGRAMS AND PROGRAMS ENHANCING EXPORTS; TO PROVIDE THAT A COUNTY MAY POSTPONE ITS 2002 REASSESSMENT PROGRAM FOR AN ADDITIONAL YEAR, UNTIL 2004; TO AMEND SECTIONS 12-43-355, 58-9-2200, 12-39-70, AND 12-6-3360, ALL RELATING TO ASSESSMENT AND APPRAISAL OF CERTAIN PERSONAL PROPERTY OF BUSINESS AND INDUSTRY, SO AS TO CHANGE TO DETERMINATION AS CLASSIFIED IN THE NORTH AMERICAN CLASSIFICATION SYSTEM MANUAL AND TO MAKE APPROPRIATE REFERENCE CHANGES; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO INCLUDE SEVENTY PERCENT OF THE GROSS PROCEEDS OF THE RENTAL OR LEASE OF PORTABLE TOILETS; BY ADDING SECTION 12-4-385 SO AS TO PROVIDE THAT THE DEPARTMENT GIVE NOTICE TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION WHEN AN INDUSTRY GROUP WILL BE AFFECTED BY A PROPOSED POLICY CHANGE; TO PROVIDE FOR THE REFUND OF CERTAIN SALES TAX PAID ON THE LEASE OR RENTING OF PORTABLE TOILETS; BY ADDING SECTION 12-6-5085 SO AS TO PROVIDE FOR A TAX RETURN CHECKOFF CONTRIBUTION TO THE SOUTH CAROLINA LITTER CONTROL ENFORCEMENT PROGRAM; TO AMEND CHAPTER 12, TITLE 4, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES ACT, SECTION 4-29-67, AS AMENDED, RELATING TO INDUSTRIAL DEVELOPMENT PROJECTS REQUIRING A FEE IN LIEU OF PROPERTY TAXES, AND CHAPTER 44 OF TITLE 12, RELATING TO THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, ALL SO AS TO PROVIDE FOR DESIGNATIONS OF COUNTIES AS REDUCED INVESTMENT COUNTIES BY DECEMBER THIRTY-FIRST OF EACH YEAR BASED ON DATA AVAILABLE ON THE MOST RECENT NOVEMBER FIRST, TO PROVIDE WHEN THE DESIGNATIONS ARE EFFECTIVE FOR A SPONSOR, TO INCLUDE AMOUNTS EXPENDED AT A PROJECT AS A NONRESPONSIBLE PARTY PURSUANT TO THE BROWNFIELDS VOLUNTARY CLEANUP PROGRAM TOWARD THE MINIMUM INVESTMENT THRESHOLD, TO REPLACE THE WORD “INVESTOR” WITH THE WORD “SPONSOR”, TO PROVIDE THAT FAILURE TO MAINTAIN THE MINIMUM LEVEL OF INVESTMENT IN A PROJECT RESULTS IN DISQUALIFICATION FOR THE FEE, TO SUSPEND THE STATUTE OF LIMITATIONS FOR ASSESSMENT OF TAXES OR FEES DUE ON A PROJECT IF NECESSARY TO THE DETERMINATION OF COMPLIANCE WITH INVESTMENT REQUIREMENTS, TO DELETE THE QUALIFICATION FOR A FOUR PERCENT ASSESSMENT ON INVESTMENTS OF AT LEAST FOUR HUNDRED MILLION DOLLARS IN LEAST DEVELOPED OR UNDERDEVELOPED COUNTIES BY A LIMITED LIABILITY COMPANY AND BY AN INVESTOR AFFILIATE LOCATED CONTIGUOUS TO THE INVESTOR PROJECT, TO SPECIFY THAT PROPERTY TAXES REFERENCES ARE TO AD VALOREM PROPERTY TAXES, TO PROVIDE FOR THE ESTABLISHMENT OF THE MILLAGE RATE BY WAY OF A MILLAGE RATE AGREEMENT OR THE INITIAL LEASE AGREEMENT, TO PROHIBIT AN INCREASE IN THE TERM OF THE AGREEMENT OR A DECREASE IN THE MILLAGE OR DISCOUNT RATE OR ASSESSMENT RATIO, TO CHANGE TIME PERIODS FOR MEETING CERTAIN INVESTMENT AND JOB CREATION REQUIREMENTS, TO PROVIDE FOR A NONCASH CREDIT AGAINST A FEE DUE FROM A SPONSOR, TO REQUIRE A CLAIM FOR ADJUSTMENT FOR A MISALLOCATION OF FEE BE MADE WITHIN ONE YEAR OF THE IMPROPER DISTRIBUTION, TO PROVIDE FOR THE BASIS IN TRANSFERRED PROPERTY SUBJECT TO THE FEE, TO CHANGE REFERENCES FROM “MULTICOUNTY PARK” TO “INDUSTRIAL DEVELOPMENT PARK”, TO PROVIDE THAT A SPONSOR FILE DUPLICATE FORMS OR RETURNS WITH THE DEPARTMENT OF REVENUE AND THE COUNTY OR COUNTIES IN WHICH THE PROJECT IS LOCATED, TO PROVIDE FOR THE WAIVER OF CERTAIN ITEMS IN A RECAPITULATION OF THE CONTENTS OF AN AGREEMENT; AND TO AMEND SECTION 4-29-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF INDUSTRIAL DEVELOPMENT PROJECTS REQUIRING A FEE IN LIEU OF TAXES, SO AS TO DELETE DEFINITIONS OF “INVESTOR”, “INVESTOR AFFILIATE”, AND “BUSINESS”; TO AMEND CHAPTER 28 OF TITLE 12, RELATING TO THE TAX ON MOTOR FUELS, BY DIRECTING THE CODE COMMISSIONER TO SUBSTITUTE “USER FEE” FOR “TAX” AND “MOTOR FUEL SUBJECT TO THE USER FEE” FOR “TAXABLE MOTOR FUEL”; TO PROVIDE FOR VARIOUS EFFECTIVE DATES; AND TO AMEND SECTION 56-3-115, AS AMENDED, RELATING TO GOLF CART PERMITS, SO AS TO PROVIDE THAT THE PERMIT ALLOWS THE GOLF CART TO BE OPERATED BY THE OWNER OR HIS AGENT OR EMPLOYEES.

ANALYSIS: This act provides for myriad technical and substantive changes to the South Carolina Tax Code, from sales and use tax exemptions to revisions of the various fee in lieu provisions to collection and enforcement issues. The title is comprehensive and speaks for itself.

(A70, R139, S407) Effective: 6/25/03

Beer, wine, and alcoholic liquor; provisions revised

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1640 SO AS TO PROVIDE AN ESTABLISHMENT LICENSED TO SERVE MINIBOTTLES IS AUTHORIZED TO CONDUCT SAMPLINGS OF WINES IN EXCESS OF SIXTEEN PERCENT ALCOHOL, CORDIALS, AND DISTILLED SPIRITS, IF THE SAMPLING IS CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 12-21-1010, RELATING TO DEFINITIONS FOR PURPOSES OF THE BEER AND WINE TAX, SO AS TO DELETE THE DEFINITION OF “DOMESTIC WINE”; TO ADD SECTION 61-2-135 SO AS TO PROVIDE THAT WHEN A PERSON LICENSED TO SELL ALCOHOLIC LIQUOR OR BEER AND WINE MOVES HIS BUSINESS TO A NEW LOCATION IN THE SAME COUNTY THAT WAS LICENSED IN THE SAME MANNER WITHIN NINETY DAYS OF THE TIME OF THE MOVE, THE PERSON MAY USE HIS CURRENT LICENSE AND IS NOT REQUIRED TO INITIATE A NEW APPLICATION UPON APPROVAL BY THE DEPARTMENT; TO AMEND SECTION 61-4-120, RELATING TO SUNDAY SALES OF BEER AND WINE, SO AS TO DELETE A PROVISION WHICH PROVIDES THAT MUNICIPAL ORDINANCES IN CONFLICT WITH THIS SECTION ARE UNENFORCEABLE; TO AMEND SECTION 61-4-510, AS AMENDED, RELATING TO OFF-PREMISES BEER AND WINE PERMITS SO AS TO FURTHER PROVIDE FOR THE CONDITIONS AND SPECIFICATIONS OF THE PERMITS; TO AMEND SECTION 61-4-520, AS AMENDED, RELATING TO CONDITIONS FOR THE ISSUANCE OF BEER AND WINE PERMITS, SO AS TO REVISE THE SIGN REQUIREMENTS IN REGARD TO NOTICES; TO AMEND SECTION 61-4-1510, RELATING TO APPLICATIONS FOR PERMITS TO OPERATE A BREWERY OR WINERY, SO AS TO REVISE THE FEES AND THE EXPIRATION DATES OF THESE PERMITS; TO AMEND SECTION 61-6-180, RELATING TO NOTICE OF APPLICATIONS FOR CERTAIN ALCOHOLIC LIQUOR AND BEVERAGE LICENSES, SO AS TO REVISE THE SIGN REQUIREMENTS IN REGARD TO THIS NOTICE; TO AMEND SECTION 61-6-500, RELATING TO TEMPORARY PERMITS FOR AUDITORIUMS, COLISEUMS, AND ARMORIES, SO AS TO PERMIT THE AUTHORITIES IN CHARGE OF PUBLICLY-OWNED AUDITORIUMS, COLISEUMS, AND ARMORIES TO ALLOW THE CONSUMPTION OF BEER, WINE, AND ALCOHOLIC LIQUOR UNDER CERTAIN CONDITIONS, AND PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 61-6-1510, RELATING TO SEPARATE STORES OR PLACES OF BUSINESS OF RETAIL DEALERS, SO AS TO REVISE THE SIGNAGE REQUIREMENTS AND PROHIBIT CERTAIN ADVERTISING TO MINORS; TO AMEND SECTION 61-6-1600, RELATING TO MINIBOTTLE LICENSES FOR NONPROFIT ORGANIZATIONS, SO AS TO PROVIDE THAT AN EMPLOYEE OR AGENT OF AN ESTABLISHMENT LICENSED AS A NONPROFIT ORGANIZATION IS PROHIBITED FROM SELLING, MAKING AVAILABLE FOR SALE, OR PERMITTING THE CONSUMPTION OF ALCOHOLIC LIQUORS ON THE LICENSED PREMISES BETWEEN THE HOURS OF TWO O’CLOCK IN THE MORNING AND TEN O’CLOCK IN THE MORNING; TO AMEND SECTION 61-6-1610, RELATING TO MINIBOTTLE LICENSES FOR FOOD SERVICE ESTABLISHMENTS OR PLACES OF LODGING, SO AS TO REVISE THE AREAS OF THE ESTABLISHMENT TO WHICH THE LICENSE APPLIES, TO PROVIDE ANY LICENSEE, EMPLOYEE, OR AGENT OF AN ESTABLISHMENT LICENSED AS A FOOD SERVICE ESTABLISHMENT OR PLACE OF LODGING IS PROHIBITED FROM SELLING, MAKING AVAILABLE FOR SALE, OR PERMITTING THE CONSUMPTION OF ALCOHOLIC LIQUORS ON THE LICENSED PREMISES BETWEEN THE HOURS OF TWO O’CLOCK IN THE MORNING AND TEN O’CLOCK IN THE MORNING AND TO PROVIDE THAT ANY LICENSEE, EMPLOYEE, OR AGENT OF AN ESTABLISHMENT LICENSED AS A FOOD SERVICE ESTABLISHMENT OR PLACE OF LODGING IS PROHIBITED FROM SELLING, MAKING AVAILABLE FOR SALE, OR PERMITTING THE CONSUMPTION OF ALCOHOLIC LIQUORS ON SUNDAY UNLESS THE ESTABLISHMENT HAS BEEN ISSUED FOR THAT SUNDAY A TEMPORARY PERMIT; TO AMEND SECTION 61-6-1820, AS AMENDED, RELATING TO CRITERIA FOR MINIBOTTLE LICENSES, SO AS TO REVISE THE SIGN REQUIREMENTS IN REGARD TO NOTICES; TO AMEND SECTION 61-6-2010, AS AMENDED, RELATING TO TEMPORARY MINIBOTTLE PERMITS UPON A REFERENDUM, SO AS TO PROVIDE THAT THE STATE TREASURER SHALL DISTRIBUTE THE FEES FROM SUCH PERMITS AND REVISE THE REFERENDUM PROVISIONS; TO AMEND SECTION 61-6-4010, RELATING TO UNLAWFUL MANUFACTURE OR POSSESSION OF ALCOHOLIC LIQUOR, SO AS TO FURTHER PROVIDE FOR SUCH OFFENSES; TO AMEND SECTION 61-6-4170, RELATING TO THE UNLAWFUL ADVERTISING OF ALCOHOLIC LIQUOR ON BILLBOARDS ALONG PUBLIC STREETS AND HIGHWAYS, SO AS TO REVISE THIS PROHIBITION BY MAKING IT UNLAWFUL FOR A PERSON TO ADVERTISE ALCOHOLIC LIQUORS BY MEANS OF BILLBOARDS ALONG PUBLIC HIGHWAYS AND STREETS BY USING ANY SUBJECT MATTER, LANGUAGE, OR SLOGAN ADDRESSED TO AND INTENDED TO ENCOURAGE PERSONS UNDER TWENTY-ONE YEARS OF AGE TO PURCHASE OR DRINK ALCOHOLIC LIQUORS; AND TO REPEAL SECTION 12-21-1040 RELATING TO TAXES ON CERTAIN DOMESTIC WINES.

ANALYSIS: This act makes a number of changes in the laws relating to alcoholic liquors, beer, and wine. The major provisions of this act include the following:

(1) It amends Section 61-6-1640 by providing that an establishment licensed to serve minibottles is authorized to conduct samplings of wines in excess of sixteen percent alcohol, cordials, and distilled spirits.

(2) It adds Section 61-2-135 by providing that that when a person licensed to sell alcoholic liquor or beer and wine moves his business to a new location in the same county that was licensed in the same manner, the person may use his current license and is not required to initiate a new application.

(3) It amends Section 61-4-120, relating to Sunday sales of beer and wine, so as to delete a provision which provides that municipal ordinances in conflict with this section are unenforceable.

(4) It amends Section 61-6-500, relating to temporary permits for auditoriums, coliseums, and armories, so as to permit the authorities in charge of publicly-owned auditoriums, coliseums, and armories to allow the consumption of beer, wine, and alcoholic liquor.

(5) It amends Section 61-6-2010, relating to temporary minibottle permits upon a referendum, so as to provide that the state treasurer shall distribute the fees from such permits and further provides for the conduct of these referendums.

(6) It amends Section 61-6-4170, relating to the unlawful advertising of alcoholic liquor on billboards along public streets and highways, so as to revise this prohibition by making it unlawful for a person to advertise alcoholic liquors by means of billboards along public highways and streets by using any subject matter, language, or slogan addressed to and intended to encourage persons under twenty-one years of age to purchase or drink alcoholic liquors.

(7) The act finally makes a number of changes in regard to procedural and other requirements for beer, wine, alcoholic liquor, and mini bottle licenses and permits including provisions relating to content and terms of these licenses or permits, notice and advertising requirements, signage requirements, fees and expiration dates; areas to which the licenses or permits apply, prohibitive or unlawful activities and provisions relating to taxes on domestic wines.

(A71, R143, S495) Effective: 6/25/03

Motor vehicles, towing, abandoned, disposal, storage charges, etc.

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-5635 SO AS TO ESTABLISH A PROCEDURE BY WHICH A LAW ENFORCEMENT OFFICER MAY HAVE A VEHICLE TOWED AND PROVIDE FOR THE DISPOSAL OF THE VEHICLE; TO AMEND SECTION 16-11-760, RELATING TO PARKING ON PRIVATE PROPERTY WITHOUT THE CONSENT OF THE OWNER OF THE PROPERTY, SO AS TO DELETE PROVISIONS RELATING TO A LIEN PLACED ON THE VEHICLE FOR TOWING AND STORAGE AND THE SALE OF THE VEHICLE UNDER CERTAIN CONDITIONS; TO AMEND SECTION 29-15-10, RELATING TO A LIEN ON AN ARTICLE REPAIRED OR STORED, SO AS TO PROVIDE STORAGE COSTS MAY BE CHARGED THAT HAVE ACCRUED BEFORE THE NOTIFICATION TO THE OWNER OR LIENHOLDER OF THE LOCATION OF THE VEHICLE; TO AMEND SECTION 56-5-5630, AS AMENDED, RELATING TO THE NOTICE TO OWNER AND LIENHOLDERS OF AN ABANDONED VEHICLE TAKEN INTO CUSTODY BY LAW ENFORCEMENT OFFICERS, SO AS TO DEFINE “VEHICLE” FOR PURPOSES OF THIS SECTION, PROVIDE THAT THE STORAGE PLACE HAVING TOWED AND RECEIVED THE VEHICLE, NOT THE SHERIFF OR CHIEF OF POLICE, SHALL NOTIFY THE LAST KNOWN OWNER OF THE VEHICLE AND ALL LIENHOLDERS THAT THE VEHICLE HAS BEEN TAKEN INTO CUSTODY AND SPECIFY WHAT CONSTITUTES NOTICE; TO AMEND SECTION 56-5-5640, AS AMENDED, RELATING TO THE SALE OF CERTAIN ABANDONED VEHICLES, SO AS TO AUTHORIZE A PROPRIETOR, OWNER, OR OPERATOR OF THE STORAGE PLACE INSTEAD OF THE APPROPRIATE LAW ENFORCEMENT OFFICER TO SELL THE ABANDONED VEHICLES AND PROVIDE FOR THE SALE; AND TO REPEAL SECTION 56-5-2522 RELATING TO A PROCEDURE BY WHICH A LAW ENFORCEMENT OFFICER AUTHORIZES A VEHICLE OR AN OBJECT TO BE TOWED, WHETHER ON PUBLIC OR PRIVATE PROPERTY.

ANALYSIS: SECTION 1 adds Section 56-5-5635 which defines what law enforcement towing is. A law enforcement towing includes, but is not limited to, a motor vehicle collision, vehicle break down, or vehicle recovery incident to an arrest. Ten days after a law enforcement towing, the towing or storage operator must provide to the sheriff or chief of police a list of all vehicles in their custody. The sheriff or chief of police then must provide the towing or storage operator the name and address of the registered owner of the car and all lienholders of record. The company in custody of the vehicle must notify the registered owner and all lienholders by registered or certified mail, that they have custody of the vehicle. The act provides for the procedure by which notice is given and after a requisite period of time the vehicle is declared abandoned and may be sold at public auction pursuant to provisions of Section 29-15-10. The company that was doing the towing or the storage of the vehicle has a lien against the vehicle for the purposes of recovering cost associated with towing it or storing it. If the vehicle is not reclaimed the operator of the towing or storage facility may sell the vehicle at public auction pursuant to Section 29-15-10.

SECTION 2 amends Section 16-11-760 which provides what constitutes a private property tow. Towing and storage cost may be recovered if not reclaimed from the owner or lienholder. The vehicle, if not reclaimed by the owner or lienholder, may then be sold at public auction after notifying local law enforcement as required by Section 56-5-2525. If the vehicle is not reclaimed it must be sold pursuant to Section 29-15-10 by a magistrate in the county in which the vehicle is towed or stored.

SECTION 3 of the act amends Section 29-15-10 which conforms this section to the other provisions previously mentioned which deal with selling a vehicle by a magistrate after certain conditions have been met.

SECTION 4 amends Section 56-5-5630 which defines what constitutes a vehicle. The section requires notification of an owner and all lienholders. If the vehicle is not reclaimed within fifteen days of the notification with all costs paid associated with the towing and storage, the vehicle may be sold at public auction as provided in Section 29-15-10. If the owner or lienholder cannot be determined notification must be made by newspaper. Storage costs that accrued from the storage date to the date of sell may be recovered from the proceeds of the sell as provided in Section 56-5-5640. Also, if the vehicle has been towed pursuant to this section, the operator of the towing service must accept as payment for the release of the vehicle the same manner of payment that the owner or operator of the towing service would accept if the owner of the vehicle had requested his vehicle towed. A lienholder is not subject to the costs of recovery unless the vehicle was abandoned by the lienholder or if a false statement to a law enforcement officer is made as provided by Section 16-17-722.

SECTION 5 amends Section 56-5-5640 which removes law enforcement from selling the vehicle if not reclaimed as provided under the section and requires a towing or storage operator to sell it as provided in Section 29-15-10. Other provisions which were added give notice to the owner and all lienholders of the possession of the vehicle by the owner or operator of the storage place.

SECTION 6 repeals Section 56-5-2522 which was the procedure by which a law enforcement officer was authorized to sell a vehicle or an object, whether is was on public or private property.

(A72, R145, S523) Effective: 6/25/03

Department of Natural Resources; control and disposal of dangerous animals

TO AMEND ARTICLE 1, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-105 SO AS TO PROVIDE MEASURES THE DEPARTMENT OF NATURAL RESOURCES MAY IMPLEMENT TO PREVENT AND CONTROL THE SPREAD OF DISEASE AMONG WILDLIFE; AND TO AMEND SECTION 50-11-1090, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO ALLOW THE TAKING OF ANIMALS THAT CAUSE DAMAGE TO CROPS AND PROPERTY, SO AS TO EXTEND THIS AUTHORITY TO ANIMALS POSING A HUMAN HEALTH RISK, AND TO DELETE THE PROVISION THAT RELATES TO THE DISPOSAL OF CERTAIN DEER.

ANALYSIS: This act provides measures that the Department of Natural Resources may implement to prevent and control the spread of disease among wildlife.

(A73, R147, S549) Effective: 6/25/03

TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 38 PERTAINING TO INSURANCE, SO AS TO CHANGE THE DEFINITION OF “EXEMPT COMMERCIAL POLICIES” TO DELETE THE REQUIREMENT THAT THE DEFINITION INCLUDE POLICIES FOR WHICH PREMIUMS FOR ONE INSURED IS GREATER THAN FIFTY THOUSAND DOLLARS ANNUALLY; TO AMEND SECTION 38-7-20, RELATING TO INSURANCE PREMIUM TAXES, SO AS TO CHANGE THE BASIS ON WHICH THESE TAXES ARE ASSESSED ON PREMIUMS TO WRITTEN RATHER THAN COLLECTED; TO AMEND SECTION 38-21-170, AS AMENDED, RELATING TO REPORTING DIVIDENDS AND DISTRIBUTIONS TO SHAREHOLDERS TO THE DEPARTMENT, SO AS TO INCREASE FROM TEN TO FIFTEEN THE NUMBER OF DAYS BEFORE PAYMENT THE REPORT MUST BE GIVEN; TO AMEND SECTION 38-21-270, AS AMENDED, RELATING TO THE PAYMENT OF AN EXTRAORDINARY DIVIDEND OR DISTRIBUTION TO THE SHAREHOLDERS OF A DOMESTIC INSURER, SO AS TO CLARIFY THE DEPARTMENT OF INSURANCE REVIEW OF THIS TYPE OF DISTRIBUTION; TO AMEND SECTION 38-41-60, RELATING TO HOLDING IN TRUST FUNDS COLLECTED FROM PARTICIPATING EMPLOYERS UNDER MULTIPLE EMPLOYER SELF-INSURED HEALTH PLANS, SO AS TO CORRECT AN INTERNAL CODE CITATION; TO AMEND SECTION 38-43-10, AS AMENDED, RELATING TO PERSONS CONSIDERED AS INSURANCE AGENTS, SO AS TO CORRECT AN INTERNAL CODE CITATION; TO AMEND SECTION 38-43-40, AS AMENDED, RELATING TO THE RIGHT TO APPOINT PRODUCERS BY A LICENSED INSURER, SO AS TO REMOVE PROVISIONS THAT REQUIRE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO APPROVE THE APPOINTMENT OF PRODUCERS BEFORE THEY TAKE RISK OR TRANSACT BUSINESS; TO AMEND SECTION 38-43-50, AS AMENDED, RELATING TO THE REQUIREMENT THAT APPLICANTS FOR A LIMITED LINE OR SPECIAL PRODUCER’S LICENSE MUST BE VOUCHED FOR BY AN OFFICIAL OR LICENSED REPRESENTATIVE OF THE INSURER FOR WHICH THE APPLICANT PROPOSES TO ACT, SO AS TO DELETE PROVISIONS REQUIRING THE APPLICANT TO BE APPOINTED BY AN OFFICIAL OR AUTHORIZED REPRESENTATIVE OF THE INSURER BEFORE THE APPLICANT CAN ACT AS A PRODUCER; TO AMEND SECTION 38-43-70, AS AMENDED, RELATING TO LICENSING OF A NONRESIDENT PRODUCER BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO CORRECT AN INTERNAL CODE CITATION; TO AMEND SECTION 38-43-100, AS AMENDED, RELATING TO THE APPLICATION FOR AND ISSUANCE OF A PRODUCERS’ LICENSE BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO DELETE CONFLICTING PROVISIONS THAT AUTHORIZE THE DIRECTOR TO WAIVE THE EXAMINATION AND ISSUE TEMPORARY LICENSES FOR A PERIOD NOT TO EXCEED NINETY DAYS; TO AMEND SECTION 38-43-105, AS AMENDED, RELATING TO EDUCATION REQUIREMENTS FOR LOCAL AND GENERAL INSURANCE AGENTS, SO AS TO DELETE CONFLICTING PROVISIONS AND CLARIFY WHO MUST COMPLY WITH PRE-LICENSING REQUIREMENTS; TO AMEND SECTION 38-43-106, AS AMENDED, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO SUBSTITUTE HOME STATE FOR RESIDENT STATE AS THE REQUIREMENT FOR SATISFYING RECIPROCAL CONTINUING INSURANCE EDUCATION REQUIREMENTS FOR NONRESIDENT PRODUCERS; TO AMEND SECTION 38-45-20, RELATING TO REQUIREMENTS FOR A RESIDENT TO BE LICENSED AS AN INSURANCE BROKER, SO AS TO DELETE THE TWO-YEAR WAITING PERIOD FOR RESIDENT SURPLUS LINES INSURANCE BROKERS AND TO REQUIRE SUCCESSFUL COMPLETION OF TWELVE HOURS OF CLASSROOM INSURANCE COURSES; TO AMEND SECTION 38-45-30, RELATING TO REQUIREMENTS FOR A NONRESIDENT INSURANCE BROKER, SO AS TO DELETE THE REQUIREMENT FOR NONRESIDENT BROKERS TO FURNISH A TEN THOUSAND DOLLAR SURETY BOND; TO AMEND SECTION 38-71-880, AS AMENDED, RELATING TO MEDICAL, SURGICAL, AND MENTAL HEALTH BENEFITS OFFERED IN CONNECTION WITH A GROUP HEALTH INSURANCE PLAN, SO AS TO EXTEND THE SUNSET PROVISION TO DECEMBER 31, 2003, TO COMPLY WITH FEDERAL LAW; TO AMEND SECTION 38-77-870, RELATING TO THE AVAILABILITY OF ASSIGNMENT OF RISKS TO NONRESIDENTS, SO AS TO PROVIDE AN EXCEPTION FOR MILITARY RISKS THAT ARE PRINCIPALLY GARAGED IN THIS STATE TO BE ASSIGNED BY THE PLAN; TO AMEND SECTION 38-79-420, RELATING TO THE CREATION OF THE SOUTH CAROLINA PATIENTS’ COMPENSATION FUND, SO AS TO INCREASE FROM ONE TO TWO HUNDRED THOUSAND DOLLARS THE AMOUNT THE FUND PAYS IN EXCESS OF FOR EACH INCIDENT AND INCREASES FROM THREE TO SIX HUNDRED THOUSAND DOLLARS THE AMOUNT THE FUND PAYS IN EXCESS OF IN THE AGGREGATE FOR ONE YEAR; TO AMEND SECTION 56-9-20, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO INCREASE THE MINIMUM LIMITS FOR PROPERTY DAMAGE FROM FIVE TO TEN THOUSAND DOLLARS; TO AMEND ACT 313 OF 2002, RELATING TO MINIMUM VALUES ON CERTAIN ANNUITIES, SO AS TO EXTEND THE EFFECTIVE DATE THROUGH JUNE 30, 2005; TO AMEND SECTION 38-75-460, RELATING TO THE AUTHORITY OF THE DIRECTOR TO EXPAND THE AREA IN WHICH THE ASSOCIATION MUST PROVIDE ESSENTIAL PROPERTY INSURANCE, SO AS TO REDEFINE THE EXPANSION PARAMETERS AND PROVIDE THE DIRECTOR’S POWERS AND DUTIES; AND TO AMEND SECTION 42-7-310, AS AMENDED, RELATING TO FUNDING OF THE WORKERS’ COMPENSATION SECOND INJURY FUND, SO AS TO DELETE THE THIRTY-DAY REQUIREMENT AND PROVIDE THAT FAILURE TO PAY THE ASSESSMENT AND PENALTY BARS RECOVERY FROM THE FUND; TO AMEND SECTION 42-9-400, AS AMENDED, RELATING TO THE MANNER IN WHICH AN EMPLOYER OR INSURANCE CARRIER IS REIMBURSED FROM THE SECOND INJURY FUND WHEN A DISABILITY RESULTS FROM A PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO DELETE THE REQUIREMENT THAT THE EXISTENCE OF THE CONDITION BE UNKNOWN TO THE EMPLOYEE; TO AMEND SECTION 42-9-410, RELATING TO NOTICE OF PREEXISTING PERMANENT PHYSICAL IMPAIRMENT TO RECEIVE ADDITIONAL BENEFITS FROM THE SECOND INJURY FUND, SO AS TO CHANGE THE REQUIREMENT FROM NOTICE TO KNOWLEDGE OF THE EMPLOYEE’S PREEXISTING PERMANENT PHYSICAL IMPAIRMENT; TO AMEND SECTIONS 38-90-10, 38-90-20, 38-90-40, 38-90-50, 38-90-60, 38-90-140, ALL AS AMENDED, AND SECTION 38-90-200, RELATING TO CAPTIVE INSURANCE COMPANIES, SO AS TO, AMONG OTHER THINGS, AUTHORIZE CAPTIVE INSURANCE COMPANIES TO FORM AS LIMITED LIABILITY COMPANIES, TO IMPOSE A FEE FOR THE USE OF INTERNAL RESOURCES TO EXAMINE AND INVESTIGATE APPLICATIONS FOR LICENSURE, TO INCREASE THE ANNUAL RENEWAL LICENSE FEE, TO ADD A FEE TO RECOVER REASONABLE COSTS OF PROCESSING CERTIFICATIONS, AND TO LIMIT PREMIUM TAXES TO ONE HUNDRED THOUSAND DOLLARS ANNUALLY FOR DIRECT PREMIUM AND ASSUMED REINSURANCE PREMIUMS; TO AMEND SECTION 38-74-10, AS AMENDED, RELATING TO DEFINITIONS IN THE HEALTH INSURANCE POOL, SO AS TO DEFINE “QUALIFIED TAA ELIGIBLE INDIVIDUAL”; AND TO AMEND SECTION 38-74-30, AS AMENDED, RELATING TO ELIGIBILITY FOR HEALTH INSURANCE POOL COVERAGE, SO AS TO EXCEPT FROM THE THIRTY-DAY REQUIREMENT AND WAIVE THE PREEXISTING CONDITION EXCLUSION FOR A QUALIFIED TAA ELIGIBLE INDIVIDUAL.

ANALYSIS: This act revises the definition of “exempt commercial policies”; it changes the basis on which insurance premium taxes are assessed on premiums; in reporting dividends and distributions to shareholders to the department, it increases the number of days before payment the report must be given; it clarifies the Department of Insurance review of the payment of an extraordinary dividend or distribution to the shareholders of a domestic insurer; it corrects internal code citations in sections relating to holding in trust funds collected from participating employers under multiple employer self-insured health plans and persons considered as insurance agents; it removes provisions that require the Director of the Department of Insurance to approve the appointment of producers before they take risk or transact business; it deletes provisions that require an applicant for a limited line or special producer’s license to be appointed by an official or authorized representative of the insurer before the applicant can act as a producer; it corrects an internal code citation in a section relating to licensing of a nonresident producer by the Director of the Department of Insurance; it deletes conflicting provisions that authorize the Director of the Department of Insurance to waive the examination and issue a temporary license; it deletes conflicting provisions relating to education requirements for local and general insurance agents, clarifies who must comply with pre-licensing requirements, and substitutes home state for resident state as the requirement for satisfying reciprocal continuing insurance education requirements for nonresident producers; it deletes the two-year waiting period for resident surplus lines insurance brokers and requires successful completion of twelve hours of classroom insurance courses for a resident to be licensed as an insurance broker; it deletes the requirement for nonresident insurance brokers to furnish a ten thousand dollar surety bond; it extends the sunset provision for medical, surgical, and mental health benefits offered in connection with a group health insurance plan to December 31, 2003, to comply with Federal law; it provides an exception for military risks that are principally garaged in this state to be assigned by the plan; it increases from one to two hundred thousand dollars the amount the South Carolina Patients’ Compensation Fund pays in excess of for each incident and increases from three to six hundred thousand dollars the amount the fund pays in excess of in the aggregate for one year; it increases the minimum limits for property damage in connection with the Motor Vehicle Financial Responsibility Act from five to ten thousand dollars; it extends the effective date of Act 313 of 2002 through June 30, 2005; it redefines the expansion parameters that the association must provide essential property insurance and provides the director’s powers and duties; it deletes the thirty-day requirement relating to the Workers’ Compensation Second Injury Fund and provides that failure to pay the assessment and penalty bars recovery from the fund; it deletes the requirement that the existence of the condition be unknown to the employee before the employer or insurance carrier is reimbursed from the Second Injury Fund; it changes the requirement from notice to knowledge of the employee’s preexisting permanent physical impairment to receive additional benefits from the Second Injury Fund; it authorizes captive insurance companies to form as limited liability companies, imposes a fee for the use of internal resources to examine and investigate applications for licensure, increases the annual renewal license fee, adds a fee to recover reasonable costs of processing certifications, and limits premium taxes to one hundred thousand dollars annually for direct premium and assumed reinsurance premiums; it defines “qualified TAA Eligible individual” in the health insurance pool and exempts from the thirty-day requirement and waives the preexisting condition exclusion for a qualified TAA eligible individual.

(A74, R149, S588) Effective: 6/25/03

Greenville County precincts, revised and renamed

TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENVILLE COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF GREENVILLE COUNTY AND REDESIGNATE 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

(A75, R151, S675) Effective: 6/25/03

Oconee County, rename certain precincts, map number redesignated

TO AMEND SECTION 7-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN OCONEE COUNTY, SO AS TO RENAME CERTAIN PRECINCTS AND REDESIGNATE 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

(A76, R156, H3206) Effective: 6/26/03

Campaign reform, regulation of lobbyists, miscellaneous amends

TO AMEND SECTION 2-17-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF LOBBYISTS, SO AS TO CHANGE THE REGISTRATION FEE AND TO PROVIDE WHEN A STATEMENT OF TERMINATION IS EFFECTIVE; TO AMEND SECTION 2-17-25, AS AMENDED, RELATING TO THE REGISTRATION OF A LOBBYIST PRINCIPAL, SO AS TO CHANGE THE REGISTRATION FEE AND TO PROVIDE WHEN A STATEMENT OF TERMINATION IS EFFECTIVE; TO AMEND SECTION 2-17-30, AS AMENDED, RELATING TO LOBBYIST’S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYISTS’ PRINCIPALS’ REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY OR DEPARTMENT REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS’ PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS AND COMMITTEES OR SUBCOMMITTEES OF LEGISLATIVE CAUCUSES, AND AUTHORIZE INVITATIONS TO BE EXTENDED AT NATIONAL AND REGIONAL CONVENTIONS AND CONFERENCES TO ALL MEMBERS OF THE GENERAL ASSEMBLY, TO INCREASE THE AMOUNT OF THE VALUE OF CERTAIN ITEMS A LOBBYIST PRINCIPAL, OR PERSON ACTING ON HIS BEHALF, MAY PROVIDE TO A PUBLIC OFFICIAL OR PUBLIC EMPLOYEE, TO PROVIDE A METHOD FOR ADJUSTING THE DOLLAR AMOUNT OF THIS VALUE AND REQUIRE THE STATE ETHICS COMMISSION TO NOTIFY ALL LOBBYISTS’ PRINCIPALS OF THE ADJUSTED LIMITATION AT THE TIME OF REGISTRATION; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT, SO AS TO DELETE WITHIN THE DEFINITION OF “ELECTION”, A BALLOT MEASURE; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE A PROCEDURE FOR FILING A COMPLAINT CONCERNING A CANDIDATE FOR ELECTIVE OFFICE WITH THE COMMISSION DURING THE FIFTY-DAY PERIOD BEFORE THE ELECTION IN WHICH HE IS A CANDIDATE, TO REQUIRE A NOTICE OF WAIVER BE FORWARDED TO THE STATE ETHICS COMMISSION AFTER A COMPLAINT HAS BEEN DISMISSED WHEN IT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION, AND TO REQUIRE THE COMMISSION TO FILE A CERTIFIED COPY OF AN ORDER OR DECISION OF THE COMMISSION IN THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE RESPONDENT OF A COMPLAINT RESIDES; TO AMEND SECTION 8-13-325, RELATING TO THE RETENTION OF FEES BY THE STATE ETHICS COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO RETAIN CERTAIN FEES TO OFFSET COSTS ASSOCIATED WITH ADMINISTRATION AND REGULATION OF LOBBYISTS AND LOBBYIST’S PRINCIPALS AND ENFORCEMENT OF CHAPTER 17, TITLE 2; BY ADDING SECTION 8-13-365 SO AS TO REQUIRE THE STATE ETHICS COMMISSION TO ESTABLISH A SYSTEM OF ELECTRONIC FILING FOR ALL DISCLOSURES AND REPORTS FROM CANDIDATES AND ENTITIES SUBJECT TO ITS JURISDICTION; TO AMEND SECTION 8-13-530, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES, SO AS TO REQUIRE THE COMMITTEES TO ASCERTAIN WHETHER A PERSON HAS FAILED TO COMPLY FULLY AND ACCURATELY WITH DISCLOSURE REQUIREMENTS AND REQUIRE THEM TO PROMPTLY NOTIFY THE PERSON TO FILE THE NECESSARY NOTICES AND REPORTS, RECEIVE COMPLAINTS AND FILE COMPLAINTS UNDER CERTAIN CONDITIONS, TO INCLUDE LEGISLATIVE CAUCUS COMMITTEES WITHIN THE JURISDICTION OF A COMMITTEE, AND TO PROVIDE A PROCEDURE FOR A PERSON TO PETITION THE COURT OF COMMON PLEAS DURING THE FIFTY-DAY PERIOD BEFORE AN ELECTION IN WHICH THE MEMBER OR CANDIDATE IS A CANDIDATE; TO AMEND SECTION 8-13-770, AS AMENDED, RELATING TO THE EXCEPTIONS FOR A MEMBER OF THE GENERAL ASSEMBLY TO SERVE AS A MEMBER OF A STATE BOARD OR COMMISSION, SO AS TO ADD THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS RELATING TO CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF “CANDIDATE” TO INCLUDE A PERSON WHO IS EXPLORING WHETHER OR NOT TO SEEK ELECTION AT THE STATE OR LOCAL LEVEL, TO AMEND THE DEFINITION OF “COMMITTEE” TO INCLUDE A PERSON WHO, TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE, MAKES CONTRIBUTIONS AGGREGATING AT LEAST TWENTY-FIVE THOUSAND DOLLARS DURING AN ELECTION CYCLE TO OR AT THE REQUEST OF A CANDIDATE OR A COMMITTEE, OR A COMBINATION OF THEM, OR MAKES INDEPENDENT EXPENDITURES AGGREGATING FIVE HUNDRED DOLLARS OR MORE DURING AN ELECTION CYCLE FOR THE ELECTION OR DEFEAT OF A CANDIDATE, AND DELETE A BALLOT MEASURE WITHIN THIS DEFINITION, TO AMEND THE DEFINITION OF “CONTRIBUTION” TO INCLUDE CERTAIN ITEMS MADE OR OFFERED TO A CANDIDATE, WHETHER MADE OR OFFERED DIRECTLY OR INDIRECTLY, AND PROVIDE ADDITIONAL EXEMPTIONS FROM WHAT A CONTRIBUTION INCLUDES, TO AMEND THE DEFINITION OF “ELECTION” TO DELETE BALLOT MEASURE WITHIN ITS DEFINITION, TO AMEND THE DEFINITION OF “INDEPENDENT EXPENDITURE” TO SPECIFY THAT THE EXPENDITURE INCLUDES THOSE MADE DIRECTLY OR INDIRECTLY, INCLUDE WITHIN THE DEFINITION THAT THE EXPENDITURE MUST BE MADE WHEN TAKEN AS A WHOLE AND IN CONTEXT IT WAS MADE TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE OR BALLOT MEASURE, TO INCLUDE AN EXPENDITURE MADE UPON CONSULTATION WITH A COMMITTEE OR AGENT OF A COMMITTEE OR A BALLOT MEASURE COMMITTEE OR AN AGENT OF A BALLOT MEASURE COMMITTEE, AND DELETING WITHIN THE DEFINITION AN EXPENDITURE MADE BY A PERSON TO ADVOCATE THE ELECTION OR DEFEAT OF A CLEARLY DEFINED CANDIDATE OR BALLOT MEASURE, BY DEFINING “BALLOT MEASURE COMMITTEE”, “INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE”, “COORDINATED WITH”, AND “OPERATION EXPENSES”; TO AMEND SECTION 8-13-1302, AS AMENDED, RELATING TO MAINTENANCE OF RECORDS OF CONTRIBUTIONS BY A CANDIDATE, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE AND REQUIRE A CANDIDATE OR COMMITTEE OR BALLOT MEASURE COMMITTEE TO MAINTAIN AND PRESERVE THE OCCUPATION OF EACH PERSON MAKING A CONTRIBUTION; TO AMEND SECTION 8-13-1304, AS AMENDED, RELATING TO THE REQUIREMENT THAT COMMITTEES, EXCEPT AN OUT-OF-STATE COMMITTEE, RECEIVING AND SPENDING FUNDS SHALL FILE A STATEMENT OF ORGANIZATION, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE, EXCEPT AN OUT-OF-STATE COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN TWO THOUSAND FIVE HUNDRED DOLLARS IN THE AGGREGATE DURING AN ELECTION CYCLE TO INFLUENCE THE OUTCOME OF A BALLOT MEASURE TO FILE A STATEMENT OF ORGANIZATION; TO AMEND SECTION 8-13-1306, AS AMENDED, RELATING TO THE CONTENTS OF A STATEMENT OF ORGANIZATION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WHERE APPLICABLE; TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO REQUIRE THE CANDIDATE OR COMMITTEE TO MAINTAIN A CURRENT LIST OF EXPENDITURES IN ADDITION TO CONTRIBUTIONS, REQUIRE CERTIFIED CAMPAIGN REPORTS TO CONTAIN THE AMOUNT OF EACH CONTRIBUTION, INCLUDE THE MAKING OF INDEPENDENT EXPENDITURES WITHIN THE REQUIREMENTS OF THE SECTION AND REQUIRE A POLITICAL PARTY, LEGISLATIVE CAUCUS COMMITTEE, AND A PARTY COMMITTEE TO FILE A CERTIFIED CAMPAIGN REPORT UPON THE RECEIPT OF ANYTHING OF VALUE WHICH TOTALS MORE THAN FIVE HUNDRED DOLLARS AND DEFINE “ANYTHING OF VALUE”; BY ADDING SECTION 8-13-1309, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE REQUIRED TO FILE A STATEMENT OF ORGANIZATION TO FILE AN INITIAL CERTIFIED CAMPAIGN REPORT WHEN IT RECEIVES OR EXPENDS CAMPAIGN CONTRIBUTIONS TOTALING CERTAIN SPECIFIED AMOUNTS; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1312, AS AMENDED, RELATING TO CAMPAIGN BANK ACCOUNTS, SO AS TO MAKE AN EXCEPTION FROM THE PROHIBITION OF ESTABLISHING MORE THAN ONE CAMPAIGN CHECKING ACCOUNT FOR THE SEPARATION OF FUNDS AND EXPENDITURES UNDER THE PROVISIONS OF SECTION 8-13-1300, AND INCREASE THE TIME FOR DETERMINING THE NAME AND ADDRESS OF A CONTRIBUTOR; TO AMEND SECTION 8-13-1314, AS AMENDED, RELATING TO CAMPAIGN CONTRIBUTIONS LIMITS AND RESTRICTIONS, SO AS TO PROHIBIT A PERSON FROM GIVING OR OFFERING TO GIVE TO A CANDIDATE OR PERSON ACTING ON THE CANDIDATE’S BEHALF CERTAIN CONTRIBUTIONS; TO AMEND SECTION 8-13-1316, AS AMENDED, RELATING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS RECEIVED FROM POLITICAL PARTIES, SO AS TO PROHIBIT A POLITICAL PARTY FROM RECEIVING CONTRIBUTIONS THROUGH ITS PARTY COMMITTEES OR LEGISLATIVE CAUCUS COMMITTEES WHICH TOTAL CERTAIN AGGREGATE AMOUNTS, DELETE A PROVISION REGULATING PARTY EXPENDITURES FOR PARTISAN MULTI-CANDIDATE PROMOTIONS FOR FOUR OR MORE CANDIDATES, AND TO PROVIDE THAT A CONTRIBUTION GIVEN IN VIOLATION OF THIS SECTION MAY NOT BE KEPT BY THE RECIPIENT, BUT WITHIN TEN DAYS REMIT IT TO THE CHILDREN’S TRUST FUND; TO AMEND SECTION 8-13-1324, AS AMENDED, RELATING TO ANONYMOUS CAMPAIGN CONTRIBUTIONS, SO AS TO PROHIBIT THESE CONTRIBUTIONS TO A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1332, AS AMENDED, RELATING TO UNLAWFUL CONTRIBUTIONS AND EXPENDITURES, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE AS WELL AS A COMMITTEE AND DELETE FROM THE PROHIBITION AN ORGANIZATION OR COMMITTEE OF AN ORGANIZATION TO SOLICIT CONTRIBUTIONS TO THE ORGANIZATION COMMITTEE FROM A PERSON OTHER THAN ITS MEMBERS AND THEIR FAMILIES; BY ADDING SECTION 8-13-1333 SO AS TO AUTHORIZE NOT-FOR-PROFIT CORPORATIONS AND COMMITTEES FORMED BY NOT-FOR-PROFIT CORPORATIONS TO SOLICIT CONTRIBUTIONS FROM THE GENERAL PUBLIC; TO AMEND SECTION 8-13-1340, AS AMENDED, RELATING TO RESTRICTIONS ON CONTRIBUTIONS BY ONE CANDIDATE TO ANOTHER, SO AS TO PROVIDE THAT WITH CERTAIN EXCEPTIONS, A CANDIDATE OR PUBLIC OFFICIAL MAY NOT MAKE A CONTRIBUTION TO ANOTHER CANDIDATE OR MAKE AN INDEPENDENT EXPENDITURE ON BEHALF OF ANOTHER CANDIDATE OR PUBLIC OFFICIAL FROM THAT PERSON’S CAMPAIGN ACCOUNT OR THROUGH A COMMITTEE, EXCEPT LEGISLATIVE CAUCUS COMMITTEES, DIRECTLY OR INDIRECTLY ESTABLISHED, FINANCED, MAINTAINED, OR CONTROLLED BY THE CANDIDATE OR PUBLIC OFFICIAL, PROHIBIT A COMMITTEE FROM SOLICITING OR ACCEPTING A CONTRIBUTION FROM A REGISTERED LOBBYIST UNDER CERTAIN CONDITIONS OR TRANSFERRING ANYTHING OF VALUE TO OTHER COMMITTEES, AND PROVIDE AN EXCEPTION; TO AMEND SECTION 8-13-1358, AS AMENDED, RELATING TO THE FORMAT OF THE CERTIFIED CAMPAIGN REPORTS, SO AS TO PROVIDE AN EXCEPTION; TO AMEND SECTION 8-13-1366, AS AMENDED, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; TO AMEND SECTION 8-13-1368, AS AMENDED, RELATING TO TERMINATION OF CAMPAIGN FILING REQUIREMENTS, SO AS TO INCLUDE BALLOT MEASURE COMMITTEES WITHIN THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1370, AS AMENDED, RELATING TO THE USE OF UNEXPENDED CONTRIBUTIONS BY A CANDIDATE AFTER AN ELECTION, SO AS TO MAKE A TECHNICAL CITATION CHANGE AND INCLUDE A BALLOT MEASURE COMMITTEE WITHIN THE REQUIREMENTS OF THE SECTION; BY ADDING SECTION 8-13-1371 SO AS TO ESTABLISH CONDITIONS UNDER WHICH CONTRIBUTIONS TO A BALLOT MEASURE COMMITTEE MAY BE USED, PROVIDE THAT THE STATE ETHICS COMMISSION HAS JURISDICTION TO SEIZE FUNDS AND DISTRIBUTE THEM AMONG VARIOUS SPECIFIED FUNDS OR ENTITIES IF THERE IS A VIOLATION OF THIS SECTION; TO AMEND SECTION 8-13-1372, AS AMENDED, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS; BY ADDING SECTION 8-13-1373 SO AS TO REQUIRE THE BUDGET AND CONTROL BOARD, USING FUNDS APPROPRIATED TO IT, TO DEFEND AN ACTION BROUGHT AGAINST THE STATE OR ITS POLITICAL SUBDIVISIONS IF THE ATTORNEY GENERAL HAS BEEN REQUESTED AND REFUSES TO DEFEND THE ACTION; TO AMEND SECTION 8-13-1510, AS AMENDED, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT, SO AS TO DELETE THE FIVE HUNDRED DOLLAR MAXIMUM FINE AND CHANGE THE METHOD FOR ASSESSING THE FINE; TO AMEND SECTION 8-13-1520, RELATING TO A VIOLATION OF CHAPTER 13 OF TITLE 8, SO AS TO MAKE CERTAIN VIOLATIONS OF ARTICLE 13, CHAPTER 13, TITLE 8 A MISDEMEANOR AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS RELATING TO CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF “LEGISLATIVE CAUCUS COMMITTEE” SO AS TO AUTHORIZE THE ESTABLISHMENT OF ONE COMMITTEE FOR EACH POLITICAL-, RACIAL-, ETHNIC-, OR GENDER-BASED AFFINITY BY A COMMITTEE OR EITHER HOUSE OF THE GENERAL ASSEMBLY AND DELETE A SIMILAR PROHIBITION FOR EACH HOUSE.

ANALYSIS: This act is self explanatory except for the following points:

(1) brings political parties, their committees and legislative caucuses under tighter disclosure rules, requiring them to disclose soft money expenditures;

(2) eliminates the cap set on fines and penalties for those who do not comply with the law. This cap was at five hundred dollars;

(3) strengthens the State Ethics Commission by providing for judicial enforcement of its penalties. The commission is given the ability to have its fines and penalties enforced by a court of law;

(4) establishes a system by which reports and disclosures are reported and publicly disclosed. This provision will allow South Carolinians from across the State and members of the media to view the disclosures of their elected officials online;

(5) provides for the regulation of Exploratory Campaign Committees. Prior to this act, a person could raise and spend money without regulation or reporting by simply deeming a committee “exploratory”. This act makes the standards for a regular campaign committee applicable to an exploratory committee;

(6) tightens the regulation on using campaign funds for purposes other than for which they were originally raised. This reform deals with ballot measure committees and prevents money raised for a ballot measure committee to be contributed to another committee;

(7) eliminates a provision that allowed candidates and parties to circumvent contribution limits by clearly defining “coordination”. Previously, party committees and others could engage in independent expenditures that were approved by candidates or their agents;

(8) provides a method by which unlawful campaign practices may be halted within the fifty-day period before an election. Before this provision, the State Ethics Commission was prohibited from acting on any complaints filed within fifty days of an election. Now, complaints may be taken to court within this period and complainants who raise frivolous issues may be sanctioned;

(9) provides clear and unambiguous reporting standards for people making large amounts of independent expenditures;

(10) revises the South Carolina law on ballot measures and ballot measure committees. This act rewrites the law regarding ballot measure committees so as to comply with the requirements set out by the United States Supreme Court and preserve regulation and reporting;

(11) mandates that any funds used to make advertisements that support or attack a candidate, regardless of their source, be publicly disclosed; and

(12) requires that parties be financially accountable for contributions made to candidates through multi-candidate expenditures. This act eliminates the exception given to parties for expenditures made for multiple candidates at once. Now, the money is applied to the candidate’s aggregate total allowable contribution amount from his or her party.

(A77, R176, H4008) Effective: 6/27/03

State retirement system, various revisions

TO AMEND SECTION 9-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REVISE THE DEFINITION OF “EARNED SERVICE”; TO AMEND SECTION 9-1-1140, AS AMENDED, RELATING TO ESTABLISHING SERVICE CREDIT UNDER THE STATE RETIREMENT SYSTEM, SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH A MEMBER WHO PARTICIPATED IN THE STATE OPTIONAL RETIREMENT PROGRAM OR CERTAIN OTHER TEACHER OR HIGHER EDUCATION RETIREMENT PROGRAMS MAY ESTABLISH SERVICE CREDIT FOR SUCH SERVICE UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM; TO AMEND SECTION 9-11-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REVISE THE DEFINITION OF “EARNED SERVICE”; TO AMEND SECTION 9-11-40, AS AMENDED, RELATING TO APPLICATIONS TO BECOME A MEMBER OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE FOR WHAT CONSTITUTES “EARNED SERVICE” AND “EARNABLE COMPENSATION” FOR PURPOSES OF BENEFIT ELIGIBILITY; TO AMEND SECTION 9-11-50, AS AMENDED, RELATING TO CREDITED SERVICE OF MEMBERS OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO FURTHER PROVIDE HOW AN ACTIVE MEMBER MAY ESTABLISH SERVICE CREDIT FOR SERVICE UNDER OTHER SPECIFIED RETIREMENT PROGRAMS; TO AMEND SECTION 9-20-10, AS AMENDED, RELATING TO DEFINITIONS UNDER THE STATE OPTIONAL RETIREMENT PROGRAM, SO AS TO REVISE OR ADD DEFINITIONS; TO AMEND SECTION 9-20-40, AS AMENDED, RELATING TO PARTICIPATION IN AND ELECTION OF RETIREMENT SYSTEMS IN WHICH TO PARTICIPATE AND THE CHANGING OF SYSTEMS, SO AS TO FURTHER PROVIDE FOR THE REQUIREMENTS FOR PARTICIPATION IN THE STATE OPTIONAL RETIREMENT PROGRAM AND TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH A MEMBER WHO PARTICIPATED IN THE STATE OPTIONAL RETIREMENT PROGRAM OR CERTAIN OTHER TEACHER OR HIGHER EDUCATION RETIREMENT PROGRAMS MAY PARTICIPATE IN THE SOUTH CAROLINA RETIREMENT SYSTEM OR PARTICIPATE CONCURRENTLY IN SUCH SYSTEMS; AND TO AMEND SECTION 9-20-60, AS AMENDED, RELATING TO GROUP LIFE INSURANCE BENEFITS UNDER THE STATE OPTIONAL RETIREMENT PROGRAM, SO AS TO DELETE RESTRICTIONS ON PAYING RETIREMENT BENEFITS FOR SERVICE IN CERTAIN OTHER RETIREMENT PROGRAMS.

ANALYSIS: This act makes comprehensive amendments to the laws relating to the South Carolina Retirement System, Police Officers Retirement System, and the state optional retirement program so as to allow temporary and part-time state employees, higher education and technical school employees to participate in state optional retirement program. In addition, this act makes some other technical changes in these retirement system provisions.

(A78, R112, S555) Effective: 6/4/03

Securities; Uniform Securities Act; State Grand Jury; filing fees; fraud

TO AMEND SECTION 14-7-1630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE STATE GRAND JURY, SO AS TO ADD CRIMES INVOLVING ANY VIOLATION OF CHAPTER 1, TITLE 35 OF THE UNIFORM SECURITIES ACT, OR ANY CRIME RELATED TO SECURITIES FRAUD OR A VIOLATION OF THE SECURITIES LAWS; TO AMEND SECTION 35-1-220, AS AMENDED, RELATING TO RETENTION OF FEE REVENUES GENERATED BY THE UNIFORM SECURITIES ACT, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL MAY RETAIN THE FIRST ONE MILLION FIVE HUNDRED THOUSAND DOLLARS OF FEES COLLECTED AND TO PROVIDE, FURTHER, FOR THE TRANSFER OF THE NEXT TWO HUNDRED THOUSAND DOLLARS TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION FOR THE STATE GRAND JURY; TO AMEND SECTION 35-1-430, AS AMENDED, RELATING TO REGISTRATIONS PURSUANT TO THE UNIFORM SECURITIES ACT, SO AS TO INCLUDE INVESTMENT ADVISERS AND FEDERALLY-COVERED ADVISERS; TO AMEND SECTION 35-1-480, AS AMENDED, RELATING TO FEES, SO AS TO MODIFY THE AMOUNTS OF THE FILING FEES BY CATEGORY; TO AMEND SECTION 35-1-1100, AS AMENDED, RELATING TO FILINGS FOR FEDERALLY-COVERED SECURITIES, SO AS TO INCREASE THE FEE BY FORTY-SIX DOLLARS AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 35-1-1530, AS AMENDED, RELATING TO LIMITATIONS OF ACTIONS, SO AS TO REQUIRE THAT IN CASES INVOLVING DECEPTION TO INVESTORS PURSUANT TO SECTION 35-1-1490(2) IN WHICH THE CAUSE OF ACTION ACCRUES ON OR AFTER JULY 1, 2003, THE LIMITATIONS PERIOD IS EXTENDED TO THREE YEARS AFTER DISCOVERY OF THE UNTRUE STATEMENT OR OMISSION, OR AFTER THE DISCOVERY SHOULD HAVE BEEN MADE BY REASONABLE DILIGENCE; AND TO AUTHORIZE THE ATTORNEY GENERAL TO COLLECT AND TRANSFER FUNDS TO THE STATE GRAND JURY AS PROVIDED UNTIL DIFFERENT FEES ARE ESTABLISHED BY RULE OR ORDER.

ANALYSIS: This act provides for State Grand Jury jurisdiction in cases of securities fraud and violations of securities law, authorizes the collection and retention of fees up to one and one-half million dollars by the Attorney General and for transfer of the next two hundred thousand dollars in fees to SLED for use by the State Grand Jury, raises certain fees, and modifies the statute of limitations in certain cases of securities fraud.

(A79, R132, S28) Effective: 6/26/03

Taxation, additional contribution checkoffs on income tax returns

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-6-5090 AND 12-6-5085 SO AS TO PROVIDE A DESIGNATION ON THE STATE INDIVIDUAL INCOME TAX RETURN ALLOWING A TAXPAYER TO MAKE A CONTRIBUTION TO THE SOUTH CAROLINA LAW ENFORCEMENT ASSISTANCE PROGRAM AND THE SOUTH CAROLINA LITTER CONTROL ENFORCEMENT PROGRAM AND TO PROVIDE FOR THE USE OF THE CONTRIBUTIONS MADE PURSUANT TO THESE DESIGNATIONS.

ANALYSIS: Self explanatory

(A80, R134, S64) Effective: 6/27/03

State health and dental insurance; spouse and dependent coverage when covered person killed in the line of duty

TO AMEND SECTION 1-11-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE INSURANCE PLANS, SO AS TO PROVIDE THAT THE SPOUSE OR DEPENDENT OF A PERSON KILLED IN THE LINE OF DUTY AFTER DECEMBER 31, 2001, SHALL CONTINUE COVERAGE UNDER THE STATE HEALTH PLAN FOR A PERIOD OF TWELVE MONTHS AND THE STATE SHALL BE RESPONSIBLE FOR PAYING THE FULL PREMIUM COSTS AND AFTER THE TWELVE-MONTH PERIOD THE SPOUSE OR DEPENDENT IS ELIGIBLE FOR STATE-PAID PREMIUMS.

ANALYSIS: This act entitles a spouse or dependent of a person covered by the state health and dental insurance plans who is killed in the line of duty to continue coverage for twelve months with the State paying the full premium. After twelve months, the spouse or dependent is eligible for state-paid premiums until the spouse remarries or the dependent’s eligibility would ordinarily terminate.

(A81, R150, S593) Effective: 6/26/03

Special purpose district, boundaries diminished, district may continue to provide services

TO AMEND SECTION 6-11-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALTERATION OF SPECIAL PURPOSE DISTRICTS RESULTING IN OVERLAP, SO AS TO PROVIDE THAT, IF THE BOUNDARIES OF A SPECIAL PURPOSE DISTRICT PROVIDING WATERWORKS OR SEWER SERVICE ARE DIMINISHED, THE SPECIAL PURPOSE DISTRICT MAY CONTINUE TO PROVIDE WATER OR SEWER SERVICES OUTSIDE OF ITS DIMINISHED BOUNDARIES IN ACCORDANCE WITH ITS ENABLING LEGISLATION OR IF PROVIDED BY THE GOVERNING BODY OF THE COUNTY IN THE RESOLUTION REQUIRED BY SECTION 6-11-460 PURSUANT TO AN INTERGOVERNMENTAL AGREEMENT WITH ONE OR MORE POLITICAL SUBDIVISIONS AUTHORIZED TO PROVIDE THE WATER OR SEWER SERVICE DIRECTLY.

ANALYSIS: SECTION 1 of this act amends Section 6-11-435. It adds a new provision at the end of the section which provides that a special purpose district which provides water or sewer service when they are diminished in accordance with the provisions of Article 3, Chapter 11, Title 6, to continue to provide water or sewer services outside of its diminished boundaries. The provision of these services has to be in accordance with this enabling legislation or if provided by the governing body of the county in the resolution required by Section 6-11-460, pursuant to an intergovernmental agreement with one or more political subdivisions authorized to provide the water or sewer service directly.

(A82, R140, S433) Effective: 7/2/03

Residential home builders; notice and opportunity to cure construction dwelling defects

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5, TO CHAPTER 59, TITLE 40 SO AS TO ENACT THE “SOUTH CAROLINA NOTICE AND OPPORTUNITY TO CURE CONSTRUCTION DWELLING DEFECTS ACT”, TO ESTABLISH PROCEDURES FOR A HOMEOWNER OR SUBSEQUENT PURCHASER TO ASSERT A CLAIM AGAINST A CONTRACTOR, SUBCONTRACTOR, SUPPLIER, OR DESIGN PROFESSIONAL FOR A CONSTRUCTION DEFECT IN A RESIDENTIAL DWELLING, TO REQUIRE THE COURT TO STAY AN ACTION IF A CLAIMANT FILES AN ACTION FOR DAMAGES FROM A CONSTRUCTION DWELLING DEFECT BEFORE COMPLYING WITH THESE PROCEDURES, AND TO PROVIDE THAT THESE PROCEDURES DO NOT APPLY TO ACTIONS ARISING OUT OF CLAIMS FOR PERSONAL INJURY OR DEATH.

ANALYSIS: This act establishes procedures with which a homeowner or subsequent purchaser must comply before filing an action for damages due to a residential dwelling construction defect and requires the court to issue a stay if such an action is brought before complying with the act. The homeowner must serve notice of the claim on a contractor, subcontractor, supplier, or design professional ninety days before filing the action and must set forth a description of the claim and results of the defect. The contractor, subcontractor, or design professional has thirty days to inspect or offer to remedy the defect or to settle or deny the claim. Finally, the act provides that these procedures do not apply to actions arising out of claims for personal injury or death.

(A83, R141, S449) Effective: 7/2/03

Building codes, references updated to nationally recognized building organization, agencies adopt latest edition of all nationally recognized codes

TO AMEND CHAPTER 9, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO UPDATE REFERENCES TO NATIONALLY RECOGNIZED BUILDING CODE ORGANIZATIONS AND MODIFY THE PROCEDURE BY WHICH BUILDING CODES ARE ADOPTED; TO PROVIDE CONDITIONS UNDER WHICH AN ELEEMOSYNARY CORPORATION MAY CONSTRUCT A RESIDENTIAL HOME WITHOUT THE PRESENCE OF A QUALIFIER AND TO DEFINE “QUALIFIER”; BY ADDING CHAPTER 34 TO TITLE 1 SO AS TO REQUIRE AN AGENCY TO ADOPT THE LATEST EDITION OF ALL NATIONALLY RECOGNIZED CODES WHICH IT IS CHARGED BY STATUTE OR REGULATION WITH ENFORCING, TO PROVIDE FOR ENFORCEMENT OF PROVISIONS CONTAINED IN A NATIONALLY RECOGNIZED CODE, AND TO PROVIDE FOR THE METHOD BY WHICH PROVISIONS OF A NATIONALLY RECOGNIZED CODE MAY BE MODIFIED.

ANALYSIS: SECTION 1 amends Chapter 9, Title 6. The new Section 6-9-5(C) was added to further clarify that the intent of the General Assembly is to make Chapter 9 of Title 23 apply to a person who may act under authority of the State Fire Marshal and that the inspection duties among local officials is not dictated by Title 6 but remains a matter for local authority. References throughout the Chapter 9 have been changed to provide that municipalities and counties are to enforce and not adopt building, energy, electrical, plumbing, mechanical, gas, and fire codes referred to as building codes in this chapter. The provisions relating to when a municipality or county determines that it is unable to arrange for services within the schedule of fees recommended in the building codes, it may submit an affidavit to the council to be exempt from the requirements of the chapter. The affidavit must contain financial reasoning as to why the municipality or county cannot provide the services. This affidavit submission exempts the municipality or county from the requirements of Chapter 9. The South Carolina Building Codes Council is authorized to review and adopt, modify and promulgate building codes that are referenced in Section 6-9-50. The section now provides for a notice requirement and a procedure to receive comments concerning the codes to be adopted, reviewed, modified, or promulgated and the study committee which is appointed by the county must hold at least one public meeting. Council shall promulgate modifications to the building codes references in Section 6-9-50 using the provisions of the Administrative Procedures Act (Chapter 23, Title 1). In Section 6-9-50 references have been changed from the Southern Building Code Congress to the International Code Council, Inc. A new provision added states that any person authorized in South Carolina to design and construct buildings up to three stories is authorized to design and construct buildings described in this section. The composition of the Building Codes Council has been changed and is reflected in Section 6-9-63 which is added by the provisions of this act. In Section 6-9-80 a provision is added which gives the court the authority to grant temporary injunctive relief upon receipt of a verified complaint of an imminent danger or emergency situation. Section 6-9-105 is a new provision which provides that if a municipality or county contends that the building codes authorized in this chapter do not meet its needs due to local physical or climatological conditions, the proposed variations and modifications must be submitted to the Building Codes Council. Section 6-9-130 establishes a procedure for determining the date of issuance of the original building permit.

SECTION 2 of this act provides that an organization which qualifies under a 501(c)(3) eleemosynary organization classification may construct a residential home with volunteer labor without the presence of a qualifier if the home without consideration is to be transferred to or made available for use of an underprivileged or low-income family or individual. For purposes of this section “qualifier” means a builder or specialty contractor licensed to perform the particular work being done on the site. All cost of the building permit must be borne by the 501(c)(3) organization.

SECTION 3 of the act adds Chapter 34 to Title 1. It requires an agency, as defined under the act, to adopt the latest addition of all national recognized codes which it is charged by statute or regulation with enforcing. The section provides procedure for the enforcement of nationally recognized codes and provides a method by which provisions of the nationally recognized codes may be modified.

(A84, R146, S525) Effective: 7/3/03

Property; vacation time sharing plan, vacation time sharing unit; advertising; disclosures; Real Estate Commission; licensing

TO AMEND ARTICLE 1 OF CHAPTER 32, TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACATION TIME SHARING PLANS, SO AS TO REVISE, DELETE, AND ADD CERTAIN DEFINITIONS, REVISE PROVISIONS RELATING TO ADVERTISING AND CONVEYANCE OF VACATION TIME SHARING PLANS SO AS TO DELETE CERTAIN LICENSE REQUIREMENTS FOR SELLERS AND TO EXEMPT CERTAIN COMMUNICATIONS FROM ADVERTISEMENT AND PROMOTION RESTRICTIONS, REVISE THE TERMS OF THE NOTICE OF THE RIGHT TO CANCELLATION REQUIREMENTS IN CONTRACTS FOR THE PURCHASE OF VACATION TIME SHARING PLANS AND PROVIDE FOR THE EFFECTIVE DATE OF NOTICE OF CANCELLATION, ESTABLISH NEW PROCEDURES FOR THE DISTRIBUTION OF REFUNDS UPON CANCELLATION OF CONTRACTS AND ESTABLISHMENT AND MAINTENANCE OF ESCROW ACCOUNTS IN THAT CONNECTION, PROVIDE FOR MATTERS TO BE DISCLOSED IN CONTRACTS INCLUDING WARNINGS AGAINST RELIANCE ON THE PURCHASE AS AN INVESTMENT, DELETE THE REQUIREMENT OF AN EXAMINATION FOR REGISTRATION RELATING TO LICENSES FOR SELLERS OF VACATION TIME SHARING PLANS, EXEMPT EMPLOYEES OF THE SELLER FROM LICENSING REQUIREMENTS, PROVIDE FOR VICARIOUS LIABILITY OF THE CONTROLLING SELLER, TIGHTEN PROVISIONS RELATING TO POWERS OF THE SOUTH CAROLINA REAL ESTATE COMMISSION IN CONNECTION WITH THE INVESTIGATION OF AN APPLICATION FOR REGISTRATION OF A TIME SHARING PLAN INCLUDING ASSURANCES AND BONDING AGAINST ENCUMBRANCES, AND MAKE TECHNICAL CHANGES TO CONFORM THE ARTICLE; AND TO AMEND SECTION 27-50-30, RELATING TO EXEMPTIONS IN CONNECTION WITH THE RESIDENTIAL PROPERTY CONDITION DISCLOSURE ACT, SO AS TO EXEMPT FROM THE ACT A TRANSFER OF A VACATION TIME SHARING PLAN OR A VACATION MULTIPLE OWNERSHIP INTEREST.

ANALYSIS: This act revises the registration, regulation, promotion, licensing, and transfer of Vacation Time Sharing Plans.

(A85, R166, H3426) Effective: 7/2/03

State Commission on Minority Affairs, board increased, duties revised, study committee on Budget and Control Board Organization created

TO CREATE THE STUDY COMMITTEE ON THE ORGANIZATION OF THE BUDGET AND CONTROL BOARD AND PROVIDE FOR ITS MEMBERSHIP, DUTIES, AND TERMINATION; TO AMEND SECTIONS 1-31-10 AND 1-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP, POWERS, AND DUTIES OF THE STATE COMMISSION ON MINORITY AFFAIRS, SO AS TO ADD TWO STATEWIDE APPOINTEES TO THE COMMISSION, DELETE OBSOLETE LANGUAGE, INCLUDE AFRICAN AMERICANS, NATIVE AMERICANS, NATIVE AMERICAN INDIANS, HISPANICS/LATINOS, ASIANS, AND OTHERS WITHIN THE MINORITY COMMUNITY, TO FURTHER PRESCRIBE CERTAIN POWERS AND DUTIES OF THE COMMISSION RELATING TO STATE RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES, ESTABLISHING ADVISORY COMMITTEES, AND SEEKING FUNDING FOR IMPLEMENTING PROGRAMS AND SERVICES FOR THE MINORITY COMMUNITY AS EXPANDED BY THIS ACT, TO PROVIDE THAT STATE RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES PROVIDES NO BASIS FOR ANY INTEREST IN LAND, TO MAKE THE IMPLEMENTATION OF THE ADDITIONAL DUTIES OF THE COMMISSION CONTINGENT UPON FUNDING, AND TO MAKE THE PROVISIONS OF THIS ACT SEVERABLE.

ANALYSIS: In Part I, this act establishes the Study Committee on Budget and Control Board Organization consisting of three members of the Senate appointed by the Senate President Pro Tem, three House members appointed by the Speaker, and three persons appointed by the Governor. The committee is charged with studying the functions and organization of the board to determine if any of its divisions or programs is better suited for a department of the executive branch. The committee must make a report with findings and recommendations no later than December 31, 2003, after which the committee is abolished.

In Part II, this act amends code sections and provides additional findings with respect to the Commission on Minority Affairs by increasing the membership of the governing board of the commission by two statewide members appointed by the Governor. For purposes of the duties of the commission, the act extends the definition of minority community in South Carolina to include African Americans, Native American Indians, Hispanics/Latinos, Asians, and others. The commission is given additional powers, including authority to “determine, approve., and acknowledge by certification” state recognition of Native American Indian entities, establish advisory committees, seek federal funding for implementing programs for minorities as more broadly defined in the act, and promulgate regulations to implement the duties of the commission. The amendments to the commission’s laws make it clear that recognition by the state of a Native American tribe does not give rise to any right or claim of an interest in land in this state.

(A86, R133, S34) Effective: 7/14/03

Freedom of Information, Department of Commerce, public body; public monies, disclosure, economic incentives; Governor’s Office; cabinet meetings

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 13-1-25 SO AS TO DEFINE PUBLIC MONIES AS MONIES IN A FUND USED BY THE DEPARTMENT OF COMMERCE IN CARRYING OUT CERTAIN DESCRIBED PURPOSES AND TO ESTABLISH SPECIFIC REPORTING REQUIREMENTS FOR THOSE MONIES; TO AMEND SECTION 13-1-1720, RELATING TO THE PURPOSE AND DUTIES OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO RESTATE THE PUBLIC NATURE OF THE SUBJECT FUNDS, INCLUDING THE ACCOUNTABILITY, DISCLOSURE, REPORTING, AND PROCUREMENT REQUIREMENTS; BY ADDING SECTION 30-4-55 SO AS TO PROVIDE THAT A PUBLIC BODY OR PERSON OR ENTITY ACTING ON BEHALF OF THE PUBLIC BODY THAT OFFERS CERTAIN INCENTIVES TO ATTRACT A BUSINESS OR INDUSTRY TO INVEST IN SOUTH CAROLINA SHALL DISCLOSE THE FISCAL IMPACT OF THE OFFER ON THE PUBLIC BODY OR OTHER GOVERNMENTAL ENTITY AT THE TIME THE OFFER IS ACCEPTED AND MADE PUBLIC OR FINALIZED, AND TO PRESCRIBE THE SUBSTANCE OF THE FISCAL IMPACT DISCLOSURE; TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT MARINE TERMINAL SERVICE AND NONTARIFF AGREEMENTS ARE TRADE SECRETS AND THAT MEMORANDA, CORRESPONDENCE, AND DOCUMENTS RELATING TO AN OFFER MADE TO AN INDUSTRY OR BUSINESS OF INCENTIVES THAT REQUIRE THE EXPENDITURE OF PUBLIC FUNDS OR THE TRANSFER OF ANYTHING OF VALUE OR THAT REDUCE THE RATE OR ALTER THE METHOD OF TAXATION OF THE BUSINESS OR INDUSTRY OR OTHERWISE IMPACT THE OFFEROR FISCALLY ARE NOT EXEMPT FROM DISCLOSURE AFTER THE OFFER IS ACCEPTED AND MADE PUBLIC OR FINALIZED; BY ADDING SECTION 30-4-65 SO AS TO PROVIDE THAT THE GOVERNOR’S CABINET MEETINGS ARE SUBJECT TO THE FREEDOM OF INFORMATION ACT ONLY WHEN THE CABINET IS GRANTED CERTAIN POWERS BY EXECUTIVE ORDER; AND TO AMEND SECTION 30-4-20, RELATING TO DEFINITIONS FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXPAND THE DEFINITION OF “PUBLIC BODY” TO INCLUDE A LEGISLATIVE CAUCUS OR A GROUP MADE UP OF A MAJORITY OF CERTAIN PUBLIC EMPLOYEES.

ANALYSIS: This act provides that the use, not the source, of funds for a public purpose makes them public funds for purposes of disclosure, reporting, and accountability by the Department of Commerce and that economic incentives to prospective business and industry must be disclosed by the department; further, that the Governor’s Cabinet meetings are subject to the FOI in certain instances, and a “public body” includes a legislative caucus and a gathering of a majority of certain public employees.

(A87, R165, H3418) Effective: 7/16/03

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 23, TITLE 59 SO AS TO FURTHER PROVIDE FOR APPLICABLE STANDARDS AND PROCEDURES, WHICH APPLY TO THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY, AND TO REQUIRE THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY TO BE INSPECTED BY THE STATE SUPERINTENDENT OF EDUCATION OR THE SUPERINTENDENT’S DESIGNEE BEFORE OCCUPANCY AND A CERTIFICATE OF APPROVAL OBTAINED FROM THE SUPERINTENDENT; TO AUTHORIZE THE GRANTING OF WAIVERS BY THE SUPERINTENDENT OF EDUCATION PERTAINING TO BUILDING SQUARE FOOT REQUIREMENTS FOR NEW SCHOOL BUILDINGS AND THE CONVERSION OF EXISTING COMMERCIAL BUILDINGS INTO A SCHOOL FACILITY, TO PROVIDE THAT BUILDINGS CONSIDERED APPROPRIATE FOR CONVERSION TO A SCHOOL BUILDING MAY BE LEASED TO A SCHOOL DISTRICT, TO PROHIBIT A REQUIREMENT THAT PUBLIC SCHOOLS BE CONSTRUCTED ON A LOT OR PARCEL OF A CERTAIN SIZE, TO PROVIDE THAT SCHOOL DISTRICTS MUST RECEIVE APPROVAL FROM THE DEPARTMENT OF EDUCATION BEFORE PROPERTY ACQUISITION OR ADDITIONS ON EXISTING PROPERTIES; AND TO REPEAL ARTICLE 1, CHAPTER 23, TITLE 59 OF THE 1976 CODE, RELATING TO SCHOOL BUILDING CODES AND INSPECTIONS.

ANALYSIS: This act provides that all construction, improvement, and renovation of public school buildings and property on or after the effective date of this act shall comply with the latest applicable standards and specifications set forth in the South Carolina School Facilities Planning and Construction Guide as published by the South Carolina Department of Education.

All construction, improvement, and renovation of public school buildings and property must have plans and specifications submitted to the State Superintendent of Education or the superintendent’s designee. Approval of the plans and specifications by the State Superintendent of Education or the superintendent’s designee must be received before public bidding before the construction can begin.

The State Superintendent of Education is authorized to grant a waiver from applicable school building regulations relating to building square foot requirements for construction of a new public school building or for the conversion of an existing commercial building into a public school facility. This authority is superior to and supersedes provisions of applicable state school building regulations and the authority of a local building official or entity to disapprove the variances granted by the waiver.

Lastly, this act provides that a requirement that public schools be constructed on a lot or parcel of certain minimum size is prohibited, and that school districts must receive approval from the South Carolina Department of Education prior to property acquisition or additions on existing properties.”

(A88, R174, H3909) Effective: 7/14/03

Manufactured Homes, retirement of title certificates and mortgages of them.

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 19, TITLE 56 SO AS TO PROVIDE A UNIFORM PROCEDURE TO RETIRE THE TITLE CERTIFICATE TO CERTAIN MANUFACTURED HOMES AFFIXED TO REAL PROPERTY AND TO PROVIDE FOR THE CREATION OF A PROCEDURE BY WHICH A MANUFACTURED HOME AFFIXED TO REAL PROPERTY MAY BE SUBJECT TO A MORTGAGE ON THE REAL PROPERTY TO WHICH THE MANUFACTURED HOME IS AFFIXED.

ANALYSIS: Under this act the General Assembly found there are circumstances where it is advantageous to classify manufactured homes affixed to real property as real property so as to allow for the granting of a mortgage on the real property with the manufactured home being subject to the mortgage. Further, there does not exist a uniform system for retiring the title certificate on a manufactured home, and, as a consequence, citizens are frequently denied opportunities to secure financing for their manufactured homes from federally guaranteed sources. To ameliorate the difficulties resulting from the absence of a uniform procedure, the General Assembly enacted this act to provide a uniform procedure for retiring the title certificate for a manufactured home affixed to real property and to provide that manufactured homes affixed to real property in specified circumstances may be subject to a mortgage on the real property. By adoption of a uniform system for the retirement of title certificates on manufactured homes, the General Assembly intends that other statutory and regulatory provisions affecting manufactured housing remain unchanged.

(A89, R163, H3361) Effective: 7/23/03

Schools; make-up days, exceptions by legislative enactment; strategic plans and improvement reports consolidated; seven year review of academic areas; conformity to “No Child Left Behind” Act

TO AMEND SECTION 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT SCHOOL DAYS MISSED DUE TO WEATHER CONDITIONS MUST BE MADE UP, SO AS TO ALSO INCLUDE DAYS MISSED FOR OTHER DISRUPTIONS, TO REQUIRE SCHOOL DISTRICTS TO DESIGNATE THREE MAKE UP DAYS ANNUALLY, TO AUTHORIZE LENGTHENING OF SCHOOL DAYS OR OPERATING ON SATURDAY IF THE DESIGNATED DAYS HAVE BEEN USED, AND TO AUTHORIZE LEGISLATION WAIVING THE REQUIREMENT TO MAKE UP DAYS AND LEGISLATION AUTHORIZING A SCHOOL BOARD TO FORGIVE UP TO THREE DAYS MISSED; TO AMEND SECTION 59-1-420, AS AMENDED, RELATING TO THE LENGTH OF THE STATUTORY SCHOOL TERM, SO AS TO CROSS REFERENCE THE EXCEPTION PROVIDED FOR IN SECTION 59-1-430; TO AMENDED SECTION 59-19-90, AS AMENDED, RELATING TO POWERS AND DUTIES OF SCHOOL BOARD TRUSTEES, SO AS TO REQUIRE TRUSTEES TO ESTABLISH THE ANNUAL SCHOOL CALENDAR, INCLUDING, AMONG OTHER THINGS, START AND END DATES AND MAKE-UP DAYS; TO ADD SECTION 59-18-1310 SO AS TO CONSOLIDATE CERTAIN STRATEGIC PLANS AND IMPROVEMENT REPORTS REQUIRED OF PUBLIC SCHOOLS AND DISTRICTS AND TO REVISE THE DATES FOR SUBMITTING THESE REPORTS; TO AMEND SECTION 59-18-360, RELATING TO THE REVIEW OF THE STATE STANDARDS AND ASSESSMENTS OF EACH ACADEMIC AREA CONDUCTED BY THE STATE BOARD OF EDUCATION AND THE EDUCATION OVERSIGHT COMMITTEE, SO AS TO CHANGE THIS REVIEW TO A MINIMUM OF ONCE EVERY SEVEN, RATHER THAN FOUR, YEARS; TO ADD SECTION 59-63-333 SO AS TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO CONFORM CERTAIN PROVISIONS OF THE SCHOOL CRIME REPORT ACT TO COMPLY WITH THE FEDERAL “NO CHILD LEFT BEHIND ACT OF 2001” WHICH REQUIRES REPORTS ON PERSISTENTLY DANGEROUS SCHOOLS AND CRIMES RESULTING IN SUSPENSIONS AND EXPULSIONS AND TO CONFORM CERTAIN STUDENT HANDBOOK PROVISIONS WITH THESE REQUIREMENTS; AND TO REPEAL SECTION 59-5-71 RELATING TO THE STATEWIDE UNIFORM STARTING DATE FOR PUBLIC SCHOOLS.

ANALYSIS: Self explanatory

(A90, R173, H3713) Effective: 7/31/03

SLED, authority counter terrorism efforts and homeland security; South Carolina Maritime Security Act; Naval Militia reestablished; Savannah River Site law enforcement training

TO AMEND SECTION 23-3-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCLUSIVE JURISDICTION AND STATEWIDE AUTHORITY OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION (SLED), SO AS TO PROVIDE THAT THIS JURISDICTION AND AUTHORITY INCLUDES ESTABLISHING AND OPERATING TACTICAL RESPONSE LAW ENFORCEMENT UNITS, COORDINATING COUNTER TERRORISM EFFORTS IN OR AFFECTING THIS STATE, COORDINATING FEDERAL GRANTS ASSOCIATED WITH HOMELAND SECURITY, CREATING COUNCILS ASSOCIATED WITH ITS MISSION, AND SERVING AS THE GOVERNOR’S REPRESENTATIVE TO THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY; AND ADDING CHAPTER 17, TITLE 54 SO AS TO ENACT THE “SOUTH CAROLINA MARITIME SECURITY ACT” TO CREATE A MARITIME SECURITY COMMISSION AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES; TO REESTABLISH THE SOUTH CAROLINA NAVAL MILITIA WHICH MUST BE ADMINISTERED BY THE MARITIME SECURITY COMMISSION; TO PROVIDE THAT THE NAVAL MILITIA IS A VOLUNTEER STATE MARITIME FORCE REGIONALLY ALIGNED TO AUGMENT AND COORDINATE WITH FEDERAL, STATE, AND LOCAL FORCES AND AGENCIES WHICH MAY BE ENGAGED IN A FEDERAL RESPONSE TO TERRORISM AND TO ASSIST WITH THE NEEDS OF HOMELAND SECURITY; TO PROVIDE THAT THE COMMISSION SHALL APPOINT THE COMMANDER OF THE NAVAL MILITIA; TO PROVIDE FOR THE DIVISIONS OF THE NAVAL MILITIA AND THAT MILITIA PERSONNEL ARE ENTITLED TO ALL PRIVILEGES PROVIDED IN STATE LAW TO STATE MILITARY ORGANIZATIONS; TO AUTHORIZE A JOINT SERVICE TASK FORCE WITHIN THE NAVAL MILITIA TO COORDINATE REGIONAL SECURITY MISSIONS RELATING TO WATERWAYS SHARED WITH CONTIGUOUS STATES AND TO PROVIDE ASSISTANCE TO THE COMMISSION; AND TO AUTHORIZE SLED TO PROMULGATE REGULATIONS NECESSARY FOR THE PROPER ADMINISTRATION OF HOMELAND SECURITY MEASURES FOR MARITIME PROTECTION; AND TO ADD SECTION 23-6-493 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER EMPLOYED WITH THE SAVANNAH RIVER SITE MAY BE TRAINED AT THE CRIMINAL JUSTICE ACADEMY AT THE EMPLOYER’S EXPENSE.

ANALYSIS: This act includes in the jurisdiction of SLED the coordination of counter terrorism efforts, the coordination of federal grants associated with homeland security, the authority to create councils to assist in carrying out its mission, and designation as the Governor’s representative to the United States Department of Homeland Security.

Also, this act contains the South Carolina Maritime Security Act which establishes a nine member Maritime Security Commission and reestablishes the South Carolina Naval Militia and the commission appoints the commander of the militia. The militia is a certified volunteer state maritime force which is to augment federal, state, county, and municipal forces in responding to the threat of terrorism and to the needs of maritime homeland security.

Finally, this act authorizes a Savannah River Site Law Enforcement Officer to attend the Criminal Justice Academy, expenses of which must be borne by the Savannah River Site.

(A91, R127, H3749) Effective: July 1, 2003

Appropriations bill

TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 2003; 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 2003-2004. It provides the appropriations for the operations of state government from July 1, 2003, through June 30, 2004.

(A92, R142, S477) Effective: Signed by the Governor August 27, 2003.

Domestic Violence Prevention Act of 2003

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE “DOMESTIC VIOLENCE PREVENTION ACT OF 2003”; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AS A VIOLENT CRIME; TO AMEND ARTICLE 1, CHAPTER 25 OF TITLE 16, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES, SO AS TO REDEFINE “HOUSEHOLD MEMBER”; TO REVISE PENALTIES FOR SUBSEQUENT CRIMINAL DOMESTIC VIOLENCE OFFENSES COMMITTED WITHIN TEN YEARS; TO ESTABLISH A MANDATORY NINETY DAY MINIMUM SENTENCE FOR PERSONS CONVICTED OF MORE THAN TWO CRIMINAL DOMESTIC VIOLENCE OFFENSES WITHIN TEN YEARS; TO SPECIFY THE ELEMENTS OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE, TO MAKE THIS OFFENSE A FELONY, AND TO RESTRICT THE PUNISHMENT FOR THIS OFFENSE TO IMPRISONMENT ONLY; TO REQUIRE A LAW ENFORCEMENT AGENCY TO INVESTIGATE AN ALLEGATION OF CRIMINAL DOMESTIC VIOLENCE EVEN IF THE AGENCY WAS NOT NOTIFIED AT THE TIME OF THE VIOLATION; TO CLARIFY THE CIRCUMSTANCES UNDER WHICH A LAW ENFORCEMENT OFFICER IS NOT REQUIRED TO MAKE AN ARREST FOR CRIMINAL DOMESTIC VIOLENCE; TO AMEND SECTION 17-22-50, RELATING TO PRETRIAL INTERVENTION, SO AS TO PROVIDE THAT A PERSON MUST NOT BE CONSIDERED FOR INTERVENTION IF THE PERSON HAS BEEN CHARGED WITH A CRIMINAL DOMESTIC VIOLENCE OFFENSE IF THE PERSON HAD PREVIOUSLY BEEN CONVICTED OF SUCH AN OFFENSE; TO AMEND SECTION 56-7-15, RELATING TO UNIFORM TRAFFIC TICKETS, SO AS TO REQUIRE AN OFFICER WHO EFFECTS AN ARREST, BY USE OF A UNIFORM TRAFFIC TICKET, FOR A CRIMINAL DOMESTIC VIOLENCE VIOLATION TO SUBSEQUENTLY COMPLETE AND FILE AN INCIDENT REPORT WITHIN FIFTEEN DAYS OF THE ISSUANCE OF THE TICKET; TO AMEND SECTION 22-5-910, AS AMENDED, RELATING TO EXPUNGMENT OF RECORDS FOR FIRST OFFENSE CONVICTIONS IN MAGISTRATE OR MUNICIPAL COURT, SO AS TO AUTHORIZE EXPUNGEMENT OF RECORDS FOR FIRST OFFENSE CRIMINAL DOMESTIC VIOLENCE; TO ADD ARTICLE 21 TO CHAPTER 1, TITLE 1 SO AS TO REQUIRE ALL STATE AGENCIES TO DEVELOP A WORKPLACE DOMESTIC VIOLENCE POLICY; TO ADD SECTION 59-1-475 SO AS TO REQUIRE THE DEPARTMENT OF EDUCATION AND THE SOUTH CAROLINA COALITION AGAINST DOMESTIC VIOLENCE AND SEXUAL ASSAULT WITH THE APPROVAL OF THE DEPARTMENT OF SOCIAL SERVICES, TO DEVELOP MATERIALS FOR DOMESTIC VIOLENCE CONTINUING EDUCATION WHICH SCHOOL DISTRICTS MUST PROVIDE TO TEACHERS AND STAFF; TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO THE FORMULA FOR DETERMINING ANNUAL ALLOCATIONS TO EACH SCHOOL DISTRICT AND WEIGHTINGS USED TO PROVIDE FOR RELATIVE COST DIFFERENCES BETWEEN PROGRAMS, SO AS TO INCLUDE PUPILS WHO RESIDE IN EMERGENCY SHELTERS IN WEIGHTINGS FOR THE HOMEBOUND PROGRAM; TO AMEND SECTION 59-63-31, AS AMENDED, RELATING TO AUTHORIZING STUDENTS TO ATTEND SCHOOL IN A CERTAIN SCHOOL DISTRICT WITHOUT CHARGE, SO AS TO ALLOW A CHILD WHO RESIDES IN AN EMERGENCY SHELTER TO ATTEND A SCHOOL IN THE DISTRICT WHERE THE SHELTER IS LOCATED;. TO AMEND SECTION 20-4-20, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH PROTECTION FROM DOMESTIC ABUSE, SO AS TO REVISE THE DEFINITION OF “HOUSEHOLD MEMBER”; TO ADD SECTION 43-1-260 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO FACILITATE THE DEVELOPMENT OF COMMUNITY DOMESTIC VIOLENCE COORDINATING COUNCILS IN EACH COUNTY OR MULTI-COUNTY AREA BASED UPON PUBLIC-PRIVATE SECTOR COLLABORATION AND TO PROVIDE FOR THE PURPOSE, DUTIES, AND MEMBERSHIP OF THE COUNCILS; AND TO ADD SECTION 20-7-380 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO MAKE STAFF TRAINING ON DOMESTIC VIOLENCE AVAILABLE TO CHILDCARE FACILITY OWNERS AND OPERATORS.

ANALYSIS: Among the issues addressed in this act, the “Domestic Violence Prevention Act of 2003, are revisions to criminal domestic violence provisions including penalty provisions. While the penalties remain the same for a first offense of criminal domestic violence and violations of an order of protection (both are thirty days or five hundred dollars), the act clarifies that the penalty for a subsequent offense remains the same as the penalty for a first offense but with regard to third offenses the act requires the court to sentence the offender to a minimum of ninety days in prison, while previously the court could fine or imprison the offender. The act also specifically authorizes the court to order an offender to alcohol or drug abuse treatment if appropriate.

Additionally, the act specifies the elements of the offense of criminal domestic violence of a high and aggravated nature and makes this offense a felony rather than a misdemeanor and mandates a prison sentence by removing the option of a fine or imprisonment.

Further, the act requires a law enforcement agency is to investigate an alleged act of criminal domestic violence whether or not the agency was notified at the time the alleged violation occurred, and it further clarifies the conditions under which an officer is not required to make a criminal domestic violence arrest.

In addition the act requires all state agencies to develop a workplace domestic violence policy, including a zero tolerance policy statement, based on guidelines developed by the Office of Human Resources, State Budget and Control Board.

The act also requires the Department of Education to develop guidelines and materials which school districts must use for continuing education on domestic and family violence, and it requires the Department of Social Services to make training on domestic violence available to owners and operators or childcare facilities for staff development.

Finally, the act requires the Department of Social Services to facilitate the development of community domestic violence coordinating councils to provide public education on domestic violence and to coordinate prevention and intervention activities within the community.

(A93, R115, S305) Effective: No signature required by the Governor

Retirement, additional investments allowed for local firefighting pension funds

TO RATIFY AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROHIBITIONS ON THE STATE AND ITS POLITICAL SUBDIVISIONS PLEDGING THEIR CREDIT TO PRIVATE INTERESTS AND THE PROHIBITION ON THE STATE AND ITS POLITICAL SUBDIVISIONS HAVING A JOINT OWNER OR STOCKHOLDER IN A COMPANY, ASSOCIATION, OR CORPORATION AND THE EXCEPTIONS TO THESE PROHIBITIONS, SO AS TO ALLOW A SEPARATE PENSION PLAN OPERATED FOR FIREFIGHTERS BY A MUNICIPALITY, COUNTY, SPECIAL PURPOSE DISTRICT, OR PUBLIC SERVICE DISTRICT TO INVEST ITS FUNDS IN EQUITY SECURITIES TRADED ON A NATIONAL SECURITIES EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATIONS SYSTEM OR SIMILAR SERVICE.

ANALYSIS: This act ratifies the constitutional amendment approved at the 2002 general election that permits separate firefighter service pension funds operated by local governments to invest pension system funds in equity securities; and restricts these investments to equity securities traded on a national exchange or quoted through NASDAQ or a similar service.

(A94, R155, H3199) Effective: 7/25/03

Child abuse, mandatory reporting; privileged communications

TO AMEND SECTION 20-7-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO INCLUDE A MEMBER OF THE CLERGY, INCLUDING CHRISTIAN SCIENCE PRACTITIONERS AND RELIGIOUS HEALERS; AND TO AMEND SECTION 20-7-550, AS AMENDED, RELATING TO PRIVILEGED COMMUNICATIONS WHICH APPLY AND WHICH DO NOT APPLY WITH REGARD TO REPORTING CHILD ABUSE OR NEGLECT, SO AS TO REQUIRE A PRIEST, INCLUDING CHRISTIAN SCIENCE PRACTITIONERS AND RELIGIOUS HEALERS, TO REPORT EXCEPT WHEN THE COMMUNICATION IS RECEIVED FROM THE ALLEGED PERPETRATOR DURING A COMMUNICATION PROTECTED BY THE PRIEST-PENITENT PRIVILEGE PURSUANT TO SECTION 19-11-90.

ANALYSIS: This act provides that any member of the clergy, rather than only a Christian Science practitioner or a religious healer, must report child abuse and neglect. It further provides that communication between an individual and a clergy member, rather than a priest only, is privileged except that a clergy member must report child abuse and neglect unless the information is received from the alleged perpetrator of the abuse or neglect during a communication protected by the priest penitent privilege.

(R119, S516) Effective: as of September 1 this bill has not been signed nor vetoed by the Governor

Taxation, income tax credit, “new job” redefined, corporate licenses, contributions excluded

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 EXTEND THE DEFINITION OF “NEW JOB” TO INCLUDE JOBS MAINTAINED WHEN AN UNRELATED ENTITY ACQUIRES AS OF JULY 10, 2002, SUBSTANTIALLY ALL OF THE ASSETS OF A COMPANY OPERATING UNDER CHAPTER 11 OF THE UNITED STATES BANKRUPTCY CODE, MORE THAN FIVE HUNDRED INDIVIDUALS ARE HIRED WHO WERE LAST EMPLOYED BY THE BANKRUPT TAXPAYER, AND THE JOBS ARE IN A MANUFACTURING FACILITY LOCATED IN A COUNTY CLASSIFIED AS LEAST DEVELOPED, AND TO AMEND SECTION 12-20-50, RELATING TO THE CORPORATE LICENSE TAX, SO AS FOR PURPOSES OF THE CORPORATE LICENSE TAX TO ALLOW A HOLDING COMPANY TO REDUCE ITS PAID-IN CAPITAL SURPLUS BY THE PORTION OF CONTRIBUTIONS TO ITS CAPITAL RECEIVED FROM ITS PARENT CORPORATION DIRECTLY OR INDIRECTLY USED TO FINANCE A SUBSIDIARY’S EXPANSION COSTING IN EXCESS OF ONE HUNDRED MILLION DOLLARS, WHICH ON THE DATE CONSTRUCTION BEGAN IS LOCATED IN AN ECONOMIC IMPACT ZONE, TO PROVIDE A THREE-YEAR PERIOD WITHIN WHICH THE EXPANSION MUST BE COMPLETED, TO ALLOW THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO EXTEND THIS PERIOD ON GOOD CAUSE SHOWN, AND TO PROVIDE FOR RECAPTURE IF THE EXPANSION IS NOT TIMELY COMPLETED.

ANALYSIS: Self explanatory

(R122, S710) Effective: As of September 1, 2003 this bill has not been signed nor vetoed by the Governor.

Lake Blalock activities regulated

TO AMEND SECTION 50-25-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT RESTRICTIONS ON LAKE H. TAYLOR BLALOCK, SO AS TO INCREASE THE HORSEPOWER OF AN ENGINE FROM FIFTEEN HORSEPOWER TO THIRTY HORSEPOWER AND TO ESTABLISH A MAXIMUM LENGTH FOR WATERCRAFT OF TWENTY-FIVE FEET AND TO INCREASE THE LENGTH FOR PONTOON BOATS TO TWENTY-FIVE FEET; TO PROHIBIT ON LAKE BLALOCK THE OPERATION OF PERSONAL WATERCRAFT, OPERATION OF WATERCRAFT AFTER MIDNIGHT OR IN VIOLATION OF COAST GUARD REGULATIONS, AND OPERATION OF WATERCRAFT NEAR PUMP STATIONS AND PIERS; TO LIMIT THE HEIGHT OF SAILBOAT MASTS; TO PROHIBIT SWIMMING IN CERTAIN AREAS; AND TO AUTHORIZE LAKE WARDENS TO RESTRICT ACCESS TO THE LAKE UNDER CERTAIN CONDITIONS.

ANALYSIS: Self explanatory

(R136, S194) Effective: Vetoed by the Governor on August 20, 2003.

Retirement, South Carolina Retirement System

TO AMEND SECTION 9-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO DELETE FROM THE DEFINITION OF “EMPLOYEE” THE EXCLUSION FROM COLLEGE WORK-STUDY STUDENTS AND GRADUATE ASSISTANTS; AND TO AMEND SECTION 9-1-1790, AS AMENDED, RELATING TO RETIRED MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT, SO AS TO REDUCE FROM SIXTY DAYS TO FIFTEEN CONSECUTIVE CALENDAR DAYS TO TIME A MEMBER MUST BE RETIRED BEFORE RETURNING TO COVERED EMPLOYMENT AND ALLOWED TO RECEIVE RETIREMENT BENEFITS UNTIL MEETING THE EARNING LIMIT FOR THE YEAR.

ANALYSIS: Self explanatory

(R154, H3052) Effective: Vetoed by the Governor August 20, 2003.

Littering, revised penalties; revised procedures for towing, storage, and disposal of a vehicle; nonfranchise automobile dealer prelicensing procedures

TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LITTERING, SO AS TO PROVIDE THAT WHEN THE SENTENCE FOR A VIOLATION OF THIS SECTION INCLUDES LITTER-GATHERING, THE LITTER-GATHERING PORTION IS MANDATORY, HOWEVER THE COURT MAY DIRECT THE PERSON TO PAY AN ADDITIONAL MONETARY PENALTY IN LIEU OF THE SENTENCE, TO PROVIDE THE CIRCUMSTANCES WHEN PROBATION MAY BE GRANTED IN LIEU OF A LITTER-GATHERING SENTENCE, TO PROVIDE FOR THE DISTRIBUTION OF FUNDS COLLECTED IN LIEU OF A MANDATORY LITTER-GATHERING SENTENCE, AND TO PROVIDE WHEN A VIOLATION OF THIS SECTION CONSTITUTES A PRIOR VIOLATION WITHIN THE MEANING OF THIS SECTION; TO AMEND SECTION 56-25-20, RELATING TO THE SUSPENSION OF A DRIVER’S LICENSE FOR FAILURE TO COMPLY WITH CERTAIN TRAFFIC CITATIONS, SO AS TO REVISE THIS SECTION TO INCLUDE A SUMMONS FOR CERTAIN LITTER VIOLATIONS; BY ADDING SECTION 56-5-5635 SO AS TO PROVIDE THE PROCEDURE THAT A VEHICLE WHICH HAS BEEN TOWED UNDER THE DIRECTION OF A LAW ENFORCEMENT OFFICER MUST BE STORED AND DISPOSED OF; TO AMEND SECTION 16-11-760, RELATING TO PARKING A VEHICLE ON PRIVATE PROPERTY WITHOUT PERMISSION, THE REMOVAL OF CERTAIN VEHICLES, LIENS PLACED ON CERTAIN VEHICLES, AND THE SALE OF CERTAIN VEHICLES, SO AS TO PROVIDE THAT A COMMERCIAL PROPERTY OWNER MUST POST A NOTICE ON THE BORDERS OF HIS PROPERTY THAT PROHIBITS PARKING IF HE WANTS PARKING OF A VEHICLE TO BE ILLEGAL ON HIS PROPERTY, TO PROVIDE THAT CERTAIN COSTS ASSOCIATED WITH THE TOWING OF A VEHICLE ARE THE RESPONSIBILITY OF ITS REGISTER OWNER OR LIENHOLDER UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FOR THE SALE OF CERTAIN VEHICLES THAT ARE NOT CLAIMED BY THEIR OWNERS, LIENHOLDERS, OR THEIR AGENTS; TO AMEND SECTION 29-15-10, RELATING TO REPAIR AND STORAGE LIENS, SO AS TO PROVIDE WHEN CERTAIN STORAGE COSTS MAY BE CHARGED AND RECOVERED; TO AMEND SECTION 56-5-5630, AS AMENDED, RELATING TO THE NOTICE CERTAIN LAW ENFORCEMENT AGENCIES MUST GIVE THE OWNER OF A VEHICLE WHICH THEY HAVE DIRECTED TO BE TOWED, AND TO PROVIDE THAT CERTAIN PENALTIES CONTAINED IN THIS SECTION DO NOT APPLY TO CERTAIN LIENHOLDERS, OR OWNERS, TO PROVIDE A DEFINITION FOR THE TERM “VEHICLE”, TO PROVIDE THAT STORAGE COSTS FOR CERTAIN VEHICLES MUST NOT EXCEED SIXTY DAYS, TO DEFINE THE TERM “NOTIFICATION”, TO REVISE THE CONTENT OF A NOTICE CONTAINED IN THIS SECTION, TO PROVIDE WHEN STORAGE COSTS ACCRUE AND MAY BE RECOVERED, TO REVISE THE CIRCUMSTANCES WHEN A LIENHOLDER OR OWNER OF A VEHICLE IS NOT SUBJECT TO A PENALTY UNDER THIS SECTION, AND TO PROVIDE THAT THE LAW ENFORCEMENT AGENCY THAT REQUESTED THAT A VEHICLE BE TOWED MUST PROVIDE THE TOWING COMPANY CERTAIN INFORMATION; TO AMEND SECTION 56-5-5640, AS AMENDED, RELATING TO THE SALE OF CERTAIN UNCLAIMED VEHICLES, SO AS TO REVISE THE PROCEDURE FOR SELLING ABANDONED VEHICLES; TO REPEAL SECTION 56-5-2522 RELATING TO THE TOWING, STORAGE, AND DISPOSAL OF CERTAIN VEHICLES; AND BY ADDING ARTICLE 4, CHAPTER 15, TITLE 56 SO AS TO PROVIDE NONFRANCHISE AUTOMOBILE DEALER PRELICENSING PROCEDURES.

ANALYSIS: This act revises certain penalties for littering. It also revises procedures for the towing, storage, and disposal of certain vehicles. In addition it establishes nonfranchise automobile dealer prelicensing procedures.

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 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 August 23, 2002 - July 25, 2003

Department of Archives and History

General Retention Schedules for Municipal Records (2787) 92

General Retention Schedules for School District Records (2788) 92

General Retention Schedule for State Colleges and Universities (2789) 92

CLEMSON UNIVERSITY

State Crop Pest Commission

Designation of Plant Pests (2790) 92

Plum Pox Virus Quarantine (2791) 92

Regulated Areas. (2727) 92

Regulated Areas (2814) 93

State Livestock-Poultry Health Commission

Diseases and Health Documentation (2731) 93

STATE BOARD OF EDUCATION

Application for Teaching Credential–Required Documentation (2774) 93

Alignment of Assessment and Accountability (No Child Left Behind Act) (2831)(Federal) 93

Basic Skills Assessment Programs–Kindergarten Objectives (2746) 93

Basic Skills Assessment Program-Readiness Test (2747) 94

Basic Skills Assessment Program—Writing test: Minimum Standards of Student Achievement;

Scoring Criteria (2749) 94

Career or Technology Centers/Comprehensive High Schools (2792)(Federal) 94

Charter School Applications (2798) 94

Charter Schools Regulations (2793) 94

Credential Classification (2776) 95

Disposition of Textbook Samples after State Adoption Process (2745) 95

Graduation Requirements (2795) 95

Half-Day Child Development Programs (2796) 95

Homebound Instructions (2797) 95

Intervention Where Quality of Education in a Local School District is Impaired (2744) 96

Minimum Standards for the Determination of Readiness (2748) 96

Partnerships Among the Schools, Parents, Community and Business (2750) 96

Renewal of Credentials (2799) 96

Requirements for Certification (2768) 96

School Incentive Reward Program (2726) 96

Special Education for Students with Disabilities (2762)(Federal) 97

Special Education for Students with Disabilities - Criteria - (2761)( Federal) 97

Teacher Grants (2779) 97

Test Security (2763) 97

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

Activities Allowed Seaward of Baseline (2759) 97

Air Pollution Control Regulations and Standards (2840)(Federal) 98

Air Pollution Control and South Carolina Implementation Plan (2736)(Federal) 98

Certification of Need for Health Facilities and Services (2718) 98

Controlled Substances (2757) 98

Hazardous Waste Management Regulations (2734) 99

Hazardous Waste Management Regulations (2834)(Federal) 99

Licensing Ambulatory Surgical Facilities (2784) 99

Mining Council of South Carolina (2802) 100

Neonatal Screening for Inborn Metabolic Errors and Hemoglobinopathies (2803) 100

Radioactive Material (2804)(Federal) 100

State Primary Drinking Water (2782)(Federal) 100

Statement of Policy, Enforcement, and Specific Project Standards for Tidelands and Coastal

Waters (2760) 101

Statement of Policy, Specific Project Standards for Beaches and Dunes, Activities Allowed

Seaward of Baseline (2758) 101

Water Pollution Control Permits (2783) 102

X-Rays (Title B) (2825) 102

COMMISSION ON HIGHER EDUCATION

HOPE Scholarship (2752) 102

Lottery Tuition Assistance Program for Two-Year Public and Independent Institutions (2754) 102

Need-based Grants Program (2755) 103

Licensing Criteria

Financial Resources.

Program and Instructor Requirements for Associate Degree Programs.

Program and Instructor Requirements for Baccalaureate Degree Programs.

Program and Instructor Requirements for Graduate Programs.

Catalog/Bulletin/Brochure Requirements.

Fees. (2709) 103

Palmetto Fellows Scholarship Program (2756) 104

DEPARTMENT OF INSURANCE

Exempt Commercial Policies (2805) 104

DEPARTMENT OF LABOR, LICENSING AND REGULATION

Board of Accountancy

Certified Public Accountant Examinations (2738) 104

Board for Barrier Free Design

Authority, Application, Administration (2728) 105

Board of Chiropractic Examiners

Advertising and Solicitation (2732) 105

Examination (2733) 105

Professional Practices (2739) 105

Division of Labor

OSHA (2833)(Federal) 105

Recordkeeping (2838)(Federal) 106

State Board of Nursing

Code of Conduct (2767) 106

Office of Elevator and Amusement Ride Safety

Fee Schedules (2740) 106

DEPARTMENT OF NATURAL RESOURCES

Wildlife Management Area Regulations (2819) 106

Wildlife Management Area Regulations (2737) 106

DEPARTMENT OF PUBLIC SAFETY

Criminal Justice Academy, Subarticle 1, Law Enforcement Training (2730) 107

In Car Camera Videotaping Equipment (2610) 107

Motorist Insurance Identification Database (2820) 107

PUBLIC SERVICE COMMISSION

Amount of Bond (2663) 107

DEPARTMENT OF REVENUE

Administrative Regulations Reorganization/Recordkeeping (2780) 108

Alcoholic Beverages (2807) 108

Beer and Wine Permits or Alcoholic Liquor Licenses (2808) 108

Income Tax Reorganization (2809) 108

Tax Board of Review (2751) 109

Tax Regulation Reorganization (2781) 109

DEPARTMENT OF SOCIAL SERVICES

Foster Care (2711) 109

Residential Group Care Organizations for Children (2712) 110

DEPARTMENT OF ARCHIVES AND HISTORY

12-601 through 12-611.7. General Retention Schedules for Municipal Records

Document Number 2787

Synopsis: The General Assembly approved Regulation 12-601 through 12-611.7 (General Retention Schedules for Municipal Records) on June 25, 1993. The amendments simplify the disposition process for municipal offices and departments, update series descriptions and retentions, and add new series under existing offices/departments.

12-901 through 906.6. General Retention Schedules for School District Records

Document No. 2788

Synopsis: The General Assembly approved Regulation 12-901 through 12-906.6 (General Retention Schedules for School District Records) on June 24, 1994. The amendments simplify the disposition process for school district offices and departments, update series descriptions and retentions, and add new series under existing offices/departments.

12-800 through 12-813.10. General Retention Schedule for State Colleges and Universities

Document No. 2789

Synopsis: The General Assembly approved Regulation 12-800 through 12-813.10 (General Retention Schedule for State Colleges and Universities) on June 24, 1994. The amendments will simplify the disposition process for state college and university offices; update series descriptions and retentions; add new series under existing offices/departments; and add new series under new offices/departments.

CLEMSON UNIVERSITY

State Crop Pest Commission

27-135. Designation of Plant Pests

Document No. 2790

Synopsis: This amendment to an existing regulation provides for the listing of “Potyvirus plum pox virus,” a debilitating disease of stone fruit as a plant pest.

27-70. Plum Pox Virus Quarantine

Document No. 2791

Synopsis: This new regulation provides for procedures to deter the introduction of “Potyvirus plum pox virus,” a debilitating disease of stone fruit, into South Carolina and provides for quarantine procedures if the disease detected.

27-50. Regulated Areas.

Document No. 2727

Synopsis: 27-50 B(1) Witchweed has been eradicated in Dillon County; consequently Dillon County is no longer designated as a suppressive area.

27-50 B(2) Witchweed has been eradicated in Florence County; consequently Florence County is no longer designated as a suppressive area.

27-50 B (3) The general areas in subsections (a) and (b) are being reduced and specific farms are named where witchweed has not been eradicated.

27-50 B (4) This section identifies specific farms in Marion County on which witchweed exists. This subsection identifies those specific locations where witchweed is found. 27-50 B (5) No change.

27-50. Regulated Areas

Document No. 2814

Synopsis: These amendments remove the witchweed quarantine from certain farms in the regulated area and impose the quarantine on certain other farms in the regulated areas.

State Livestock-Poultry Health Commission

27-1011. Diseases and Health Documentation

Document No. 2731

Synopsis: 27-1011.A. This section adds additional reportable diseases and provides examples for reportable clinical symptoms.

STATE BOARD OF EDUCATION

43-52. Application for Teaching Credential–Required Documentation.

Document No. 2774

Synopsis: The State Department of Education recommended that the State Board of Education promulgate amendments to Regulation 43-52, Application for Teaching Credential–Required Documentation. This regulation clarifies certification application requirements and aligns South Carolina’s regulation on certification application requirements with Regulation 43-51 and the new federal No Child Left Behind Act of 2001 (Pub. L. 107–110). The amendments indicate the specific documents required for South Carolina certification and clarify the effective date of the credential.

R43-307. Alignment of Assessment and Accountability (No Child Left Behind Act)

Document No. 2831 (To comply with federal law)

Synopsis: The Elementary and Secondary Education Act of 2001, Public Law 107-110, also known as No Child Left Behind Act, requires each state, in order to be eligible to receive federal funds, to prepare and submit an approved plan for assessment and accountability to the United States Secretary of Education by May 1, 2003. A peer review team examined the plan and the United States Department of Education (USDE) may require changes to it.

The Consolidated State Application Accountability Workbook establishes the state plan for compliance with the requirements of the No Child Left Behind Act that include adequate yearly progress (AYP), and the alignment of South Carolina’s assessment, state and district report cards, and accountability with the federal law.

This plan must be approved by the USDE for South Carolina to receive federal Title I funds. The State Board of Education authorizes the South Carolina Department of Education to negotiate and finalize the plan as required by the USDE for plan approval.

43-262.1. Basic Skills Assessment Programs–Kindergarten Objectives

Document No. 2746

Synopsis: Kindergarten objectives under the Basic Skills Assessment Program (BSAP) have been superceded by the South Carolina Curriculum Standards. The BSAP kindergarten objectives served as the basis for the Cognitive Skills Assessment Battery (CSAB) which was administered for the last time in fall 2001. Therefore, this regulation was repealed.

43-262.2. Basic Skills Assessment Program-Readiness Test

Document No. 2747

Synopsis: The CSAB was administered for the last time in fall 2001. The Education Accountability Act of 1998 (EAA) required the development/selection of developmentally appropriate readiness assessments for grades one and two. The South Carolina Readiness Assessment (SCRA) fulfills the requirements of the EAA, obviating the need for the CSAB. The SCRA is identified as the Assessment Program in 24 S. C, Code Ann. Regs. 43-262 (to be codified at Supp. 2002.) Therefore, this regulation was repealed.

43-262.6. Basic Skills Assessment Program—Writing test: Minimum Standards of Student Achievement; Scoring Criteria

Document No. 2749

Synopsis: Not all standards of student achievement are codified in regulation. The department proposed that standards of student achievement be a matter of public record through information and policy rather than through regulation.

43-236. Career or Technology Centers/Comprehensive High Schools

Document No. 2792 (To comply with federal law)

Synopsis: The amendments allow the Office of Career and Technology Education to communicate changes in requirements related to Perkins funding to school districts without State Board Regulation changes.

The reference to specific career and technology education clusters is eliminated because the names of the clusters have been changed through the national Career Cluster initiative. This will allow the Office of Career and Technology Education to define and communicate to districts the cluster changes as they occur from the Office of Vocational and Adult Education (OVAE) in Washington.

43-601. Procedures and Standards for Review of Charter School Applications

Document No. 2798

Synopsis: The regulation establishes procedures and standards for review of charter school applications. The amended Charter Schools Act gives the State Board of Education the responsibility and authority to “promulgate regulations and develop guidelines . . . including standards which the Charter School Advisory Committee shall use to determine compliance with this chapter.” The regulation also defines adverse impact, as stipulated in the act as a condition under which a local board can deny a charter school application, consistent with recent amendments to the 1976 Code Section 59-40-10.

43-600. Charter Schools Regulations

Document No. 2793

Synopsis: The State Department of Education recommended that the State Board of Education promulgate amendments to R43-600, Charter Schools Regulation, and change title of regulation to Charter School Appeals, as indicated in the drafting notice that was published in the State Register on June 28, 2002. The amendments remove the right to remand a case to the local board of trustees by the State Board of Education and establish a process of appeal from the Charter School Advisory Committee to the State Board of Education, consistent with recent amendments to the 1976 Code Section 59-40-10.

43-53. Credential Classification

Document No. 2776

Synopsis: The State Department of Education recommended that the State Board of Education promulgate amendments to R43-53, Credential Classification to clarify the types of levels of credential classifications and align South Carolina’s regulation on credentials with the new federal No Child Left Behind Act of 2001 (Pub. L. 107–110). The amendments clarify the types of credential classifications including initial, professional, alternative route, temporary, graded, warrants, and special subject. The amendments also clarify the levels of credential classifications including bachelor’s degree, bachelor’s degree plus eighteen hours, master’s degree, master’s degree plus thirty hours, and doctorate degree. The amendments clarify the requirements for credential advancement.

43-73. Disposition of Textbook Samples after State Adoption Process

Document No. 2745

Synopsis: The State Board of Education promulgated amendments to R43-73, Disposition of Textbook Samples after State Adoption Process, to revise outdated terminology and to reduce the number of sets of materials that must be kept on site at the State Department of Education.

43-259. Graduation Requirements

Document No. 2795

Synopsis: A revised version of the Tests of General Educational Development (GED) was put into service on January 1, 2002, by the American Council on Education’s GED Testing Service. With this new version a revised scoring scale was put into place. Amendments will need to be made to Sections (B)(1)(b)(2), (B)(1)(c)(5), (B)(2)(c)&(d), and (B)(3)(a)(4)(a)&(b) to reflect the new scoring scale.

43-264.1. Half-Day Child Development Programs

Document No. 2796

Synopsis: The funding allocation for Half-Day Child Development Programs has been dependent upon the previous three years’ average for the number of students tested as “not ready” on the CSAB as the determiner of the amount of funding that districts would receive for Half-Day Child Development Programs. Cognitive Skills Assessment Battery (CSAB) is an outdated assessment of young children; having been given since 1979 and is no longer used. The change in the regulation provides that the determination of funding is based on the number of children in kindergarten who are eligible for free and reduced price lunch. The purpose of half-day child development programs is to provide services for children most at risk of school failure.

43-241. Homebound Instructions

Document No. 2797

Synopsis: The amendments utilize the term “medical homebound instruction” to clarify its purpose to stakeholders, provide clarification to districts of the requirement to make individualized decisions about the appropriate amount of services for medical homebound students, clarify that if districts fail to provide medical homebound instruction to eligible students, districts must make up the missed instructional periods even if the regular school year has ended, clarify eligibility issues, and delete the current guidelines for homebound instruction.

The Office of Exceptional Children will develop a guidance document for parents and districts.

43-301. Intervention Where Quality of Education in a Local School District is Impaired

Document No. 2744

Synopsis: The State Department of Education recommended the repeal of Regulation 43-301, Intervention Where Quality of Education in a Local School District is Impaired. 1976 Code Section 59-18-30 relating to intervention in impaired school districts was repealed by the Education Accountability Act of 1998. The act provides the specifics of a new system of intervention based on school report card ratings. 24 S.C. Code Ann. Regs. 43-301 (Supp. 2001) deals with intervention in impaired districts and is no longer needed.

43-262.5. Minimum Standards for the Determination of Readiness

Document No. 2748

Synopsis: The CSAB was administered for the last time in fall 2001. Therefore, this regulation was repealed.

43-280. Creating More Effective Partnerships Among the Schools, Parents, Community and Business

Document No. 2750

Synopsis: The State Department of Education recommended that the State Board of Education repeal R43-280, Creating More Effective Partnerships Among the Schools, Parents, Community and Business.

43-55. Renewal of Credentials

Document No. 2799

Synopsis: The State Department of Education recommended that the State Board of Education promulgate amendments to R43-55, Renewal of Credentials, to clarify the requirements for renewal of professional certificates relative to the Certificate Renewal Plan, as developed by the Office of Teacher Certification and approved by the State Board of Education, and add the requirements for the renewal of expired certificates.

43-51. Requirements for Certification

Document No. 2768

Synopsis: The State Department of Education recommended that the State Board of Education promulgate amendments to R43-51, Requirements for Certification, to clarify certification requirements and align South Carolina’s regulation on certification requirements with the new federal No Child Left Behind Act of 2001 (Pub. L. 107–110). The amendments require all teacher education programs be completed at either a state-approved program in a regionally accredited institution or a State Board of Education approved program or a program approved by the National Council for Accreditation of Teacher Education (NCATE). The amendments clarify current testing requirements for certification and clarify circumstances for waiving student teaching.

43-302. School Incentive Reward Program

Document No. 2726

Synopsis: The State Board of Education proposed amending Regulation 43-302, School Incentive Reward Program. This regulation provides for a school level recognition program that is based on demonstrated student achievement. The amendments to R43-302 include renaming the school recognition program, establishing the operation of the program by the State Department of Education, establishing the responsibility for the program criteria with the Division of Accountability of the Education Oversight Committee, and establishing appropriate expenditure of award funds.

43-243. Special Education, Education of Students with Disabilities

Document No. 2762 (To comply with federal law)

Synopsis: In 1997, the federal government reauthorized the Individuals with Disabilities Education Act (IDEA). In 1999, following the reauthorization of the IDEA, the United States Department of Education, Office of Special Education Programs (OSEP), substantially revised the federal regulations implementing the IDEA. As a result of the reauthorization of the IDEA and the revised federal regulations, the state was required to substantially amend its existing regulations in order to meet federal requirements regarding the provision of a free and appropriate public education to students with disabilities. The OSEP is now requiring the Department to clarify these revised regulations in Section C(6)(a) regarding the provision of a free and appropriate public education for students who are incarcerated in an adult corrections facility.

43-243.1. Criteria for Entry into Programs of Special Education for Students with Disabilities

Document No. 2761 (To comply with federal law)

Synopsis: In 1997, the federal government reauthorized the Individuals with Disabilities Education Act (IDEA). In 1999, following the reauthorization of the IDEA, the United States Department of Education, Office of Special Education Programs, substantially revised the federal regulations implementing the IDEA. As a result of the reauthorization of IDEA and the revised federal regulations, the state was required to substantially amend its existing regulations to meet federal requirements regarding the provision of a free and appropriate education to students with disabilities. This amendment is to provide clarification of the Preschool Child with Disabilities eligibility criteria Sections B(2)(a) and B(2)(b).

43-201.1. Teacher Grants

Document No. 2779

Synopsis: These amendments reflect changes in program operations in accordance with the Education Improvement Act of 1985 (EIA), 1976 Code Section 59-5-67(B). Changes in the program have occurred over time in the following areas: submission procedures, grant period, fiscal guidelines and policies, fiscal reporting and the review process.

43-100. Test Security

Document No. 2763

Synopsis: Assessment Programs, 24 S.C. Code Ann. Regs 43-262 became effective on May 24, 2002. The amendments to R43-100, Test Security, reflect the assessment programs in R43-262. In addition, the amendments revise security procedures to address current assessment practices.

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

30-15. Activities Allowed Seaward of Baseline

Document No. 2759

Synopsis: The changes clarify the department’s regulations regarding the construction of pools in areas seaward of the baseline along the state’s beaches. R30-15.F(6)(b) added a sentence clearly stating the existing prohibition of the construction of new pools seaward of the baseline.

Regulation 61-62. Air Pollution Control Regulations and Standards, and the South Carolina State Implementation Plan

Document No. 2840 (To comply with federal law)

Synopsis: Pursuant to S.C. Code Section 48-1-10 et seq., the South Carolina Department of Health and Environmental Control (Department) has amended Regulation 61-62, Air Pollution Control Regulations and Standards, and the South Carolina State Implementation Plan (SIP), to make corrections and clarifications and to incorporate new Federal requirements into the existing regulations.

Among the revisions are amendments to R. 61-62.60, South Carolina Designated Facility Plan and New Source Performance Standards, and R. 61-62.63, National Emission Standards for Hazardous Air Pollutants, to incorporate recent Federal amendments promulgated during the period from January 1, 2002, through December 31, 2002. In addition, the Department revised R. 61-62.70, Title V Operating Permit Program, to make corrections and incorporate recent federal changes to definitions of major sources. Also, the Department amended R. 62.1 Definitions and General Requirements, to clarify the language concerning alternate methods of source testing. Finally, the Department made typographical corrections and clarifications to R.61-62 as necessary.

Regulation 61-62. Air Pollution Control Regulations and Standards, and the South Carolina State Implementation Plan

Document No. 2736 (To comply with federal law)

Synopsis: Pursuant to S.C. Code Section 48-1-10 et seq., the South Carolina Department of Health and Environmental Control (Department) has amended Regulation 61-62, Air Pollution Control Regulations and Standards, and the South Carolina State Implementation Plan (SIP), to make corrections and clarifications and to incorporate new Federal requirements into the existing regulations.

Among the revisions are amendments to Regulation 61-62.1, Definitions and General Requirements, Section V - Credible Evidence. The Department revised this regulation to update the reference to the “Environmental Audit Privilege and Voluntary Disclosure Act” of the South Carolina Code of Laws. The Department also amended Regulation 61-62.60, South Carolina Designated Facility Plan and New Source Performance Standards, and Regulation 61-62.63, National Emission Standards for Hazardous Air Pollutants (NESHAP) for Source Categories, to incorporate by reference amendments to 40 CFR Part 60 and 40 CFR Part 63 promulgated by the United States Environmental Protection Agency (EPA) during the calendar year of January 1, 2001 through December 31, 2001. Also, Regulation 61-62.70, Title V Operating Permit Program, Section 70.7(e)(6)(v) has been amended to correct a typographical error.

The amendments to Regulation 61-62, Air Pollution Control Regulations and Standards are necessary to maintain consistency with Federal rules and do not require legislative review.

61-15. Certification of Need for Health Facilities and Services

Document No. 2718

Synopsis: The amendment of R61-15 increases the current Certificate of Need monetary review thresholds as recommended by the SC Health Planning Committee and corrects a typographical error contained in one of the ownership disclosure questions within the Certificate of Need application format.

61-4. Controlled Substances

Document No. 2757

Synopsis: This amendment (1) deletes unnecessary language in definitions; (2) replaces references to “division” with “Bureau of Drug Control”; (3) increases registrant fees; (4) clarifies quantity limitations; (5) clarifies language relating to controlled substances inventory requirements; (6) simplifies procedures for the treatment of patients with methadone; (7) clarifies language regarding quantity limitations for controlled substances prescriptions; (8) deletes references to functions no longer performed by the Bureau of Drug Control; (9) permits the faxing of schedule II narcotic prescriptions for hospice patients, consistent with federal regulation; and (10) provides for scheduling of controlled substances, consistent with federal scheduling.

61-79 Hazardous Waste Management Regulations

Document No. 2734

Synopsis: The department amended R61-79 to remove provisions which are not required for federal compliance and which provide financial assurance for restoration of environmental impairment. This amendment removes regulatory requirements that were vacated by a decision of the South Carolina Court of Appeals on April 4, 2000, which determined that environmental impairment regulations had not been properly promulgated. This amendment removes the environmental impairment regulations which were published as proposed in the State Register on June 24, 1994, and published as final regulations in the State Register on June 23, 1995, as Document No. 1823. Affected sections are R61-79.264.152, .153, and .154 and 265.152 and .153 and cross-references at 264.140 and 265.140.

R. 61-79. Hazardous Waste Management Regulations

Document No. 2834 (To comply with federal law)

Synopsis: Reword heading and text: The Department has amended Regulation 61-79 to adopt federal amendments through June 30, 2002. Adoption of federal amendments will ensure federal compliance.

The United States Environmental Protection Agency (USEPA) promulgates amendments to 40 CFR 124, 260 through 266, 268, 270, and 273 throughout each calendar year. Recent amendments include: a clarifying revision to the Mixture and Derived-From Rules; new listings for three inorganic chemical manufacturing wastes including additional toxic constituents and treatment standards for the wastes; amendments to the Corrective Action Management Unit rule to facilitate cleanup; and deletion of regulatory language vacated by two federal court actions for some mineral processing secondary materials and the application of the Toxicity Characteristic Leaching Procedure to manufactured gas plant wastes.

In addition, the Bureau has made amendments to the Hazardous Air Pollutant Standards for Combustors. In September 2000 the Bureau began the adoption process for the Hazardous Air Pollutant Standards for Combustors promulgated by EPA. However, a federal appeals court struck down the EPA standards on July 24, 2001. At the September 13, 2001 Board meeting, staff recommended that those portions of the proposed federal compliance standards regarding combustion not be adopted. The Board concurred. On February 13, 2002, EPA developed interim standards and will develop final standards by June 14, 2005. The Bureau has adopted the interim standards and those portions of the combustor standards that have not been vacated. Minor errors will be corrected to achieve conformity with federal regulations. These rules and other amendments have been published in the Federal Register between September 30, 1999, and June 30, 2002.

These amendments appeared at: 64 FR 52828, September 30, 1999; 64 FR 63209, November 19, 1999; 65 FR 42292, July 10, 2000; 66 FR 24270, May 14, 2001; 66 FR 35087, July 3, 2001; 66 FR 50332, October 3, 2001; 66 FR 58258, November 20, 2001; 67 FR 2962, December 3, 2001; January 22, 2002; 67 FR 6792, February 13, 2002; 67 FR 6968, February 14, 2002; 67 FR 11251, March 13, 2002; and 67 FR 17119, April 9, 2002.

61-91. Standards for Licensing Ambulatory Surgical Facilities

Document No. 2784

Synopsis: South Carolina Code Section 1-23-120 directs that state agencies review their regulations every five years and update them if necessary. R61-91 was last amended June 24, 1983. Since that time there have been certain exceptions, guidelines, directives, interpretations, policies, and changes in applicable law, changes in building standards, and other considerations that have evolved from DHEC inspections and provided input through the years. This amendment brings the regulation current and replaces R61-91 in its entirety. The revision includes a change in licensing fees.

89-10 through 89-350 Office of the Governor - Mining Council of South Carolina

Document No. 2802

Synopsis: The South Carolina Mining Act charges the department with the responsibility to administer the mining program. The act also gives the department the authority to assess and collect fees to assist with the costs of administering the act. The amendments to Regulation 89-10 through 89-350 increase fees to provide the necessary funds to enhance the mining program by providing additional staff to minimize application review times, increase mine inspections and provide educational outreach to the mining industry. The act requires all mining in S. C. to include reasonable provisions for protection of the surrounding environment and for reclamation of the area of land affected by mining. These fees have not been increased since they were first included in the regulation in 1992. The increase in fees ensures that the usefulness, productivity, and scenic values of all lands and waters affected by mining in S.C. receive the greatest practical degree of protection and restoration.

61-80. Neonatal Screening for Inborn Metabolic Errors and Hemoglobinopathies

Document No. 2803

Synopsis: The Department of Health and Environmental Control has substantially amended R.61-80, Neonatal Screening for Inborn Metabolic Errors and Hemoglobinopathies. The amendment incorporates legislative mandates regarding storage and use of blood specimens collected on filter paper for the purposes of neonatal screening for inborn metabolic errors and hemoglobinopathies and incorporates legislative mandates regarding the confidentiality of information obtained as a result of neonatal screening for inborn metabolic errors and hemoglobinopathies. It also updates language, which includes corrections to improve clarity and readability, as well as to strengthen, improve, and codify standards and terminology for consistency with national and medical standards. The amendment also incorporates legislative mandates regarding forms and documentation.

R.61-63. Radioactive Materials (Title A)

Document No. 2804 (To comply with federal law)

Synopsis: The Nuclear Regulatory Commission continually updates regulations, and state regulations are amended regularly to incorporate federal updates. The Department plans to adopt into regulation the Nuclear Regulatory Commission updates as an item of compatibility. Section 274 of the Atomic Energy Act of 1954, as amended, requires that the states adopt federal regulations for compatibility. The Department intends to make changes to R.61-63 to this extent. The intended action amends requirements for certain generally licensed industrial devices containing radioactive material (Part II), amends regulations regarding the use of respiratory protection and other controls to restrict intake of radioactive materials (Part III), updates regulations concerning personnel dosimetry (Parts V, VIII, and XI), and amends regulations governing licenses and radiation safety requirements for well logging (Part VIII). Proposed regulations will comply with 10 CFR Parts 20, 30, 31, 32, 34, 36, and 39, Final Rules, published in the Federal Register on October 7, 1999, December 18, 2000, October 24, 2000, and April 17, 2000, respectively. Legislative review will not be required.

61-58. State Primary Drinking Water Regulations.

Document No. 2782 (To comply with federal law)

Synopsis: The Department of Health and Environmental Control proposes to amend R.61-58, State Primary Drinking Water Regulations.

Proposed revisions will include requirements promulgated under the National Primary Drinking Water Regulations: Arsenic and Clarifications to Compliance and New Source Contaminants Monitoring; Final Rule, and the Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR). The Arsenic Rule establishes an enforceable Maximum Contaminant Level (MCL) for arsenic of 0.01 mg/L (10.0 ug/L). Monitoring and reporting of arsenic applies to Community and Non-transient, Non-Community public water systems. The LT1ESWTR will improve control of microbial pathogens, specifically the protozoan Cryptosporidium, in drinking water and addresses risk trade-offs with disinfection byproducts. The rule will require systems to meet strengthened filtration requirements as well as to calculate levels of microbial inactivation to ensure that microbial protection is not jeopardized if systems make changes to comply with disinfection requirements of the Stage 1 Disinfection and Disinfection Byproducts Rule (DBPR). The LT1ESWTR applies to public water systems that use surface water or ground water under the direct influence of surface water and serve fewer than 10,000 persons. The LT1ESWTR builds upon the framework established for systems serving a population of 10,000 or more in the Interim Enhanced Surface Water Treatment Rule (IESWTR). These actions are 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 final Arsenic Rule was published in the January 22, 2001, Federal Register [vol. 68, no. 14], with an effective date of January 22, 2004. The final LT1ESWTR was published in the January 14, 2002, Federal Register [vol. 67, no. 9], with an effective date of February 13, 2002. Other minor revisions will include, the addition of the Maximum Contaminant Level (MCL) for alachlor. These revisions are to align the State Primary Drinking Water Regulations with federal regulations.

The proposed regulations will comply with federal law, conform R.61-58 to the federal regulations, and are exempt from legislative review. Neither a preliminary assessment report nor a fiscal impact statement is required. A Notice of Drafting for the proposed amendments was published in the State Register on March 22, 2002. See Statement of Need and Reasonableness herein.

30-1. Statement of Policy,

30-8. Enforcement, and

30-12. Specific Project Standards for Tidelands and Coastal Waters

Document No. 2760

Synopsis: These regulatory amendments clarify language related to the permitting of docks and bulkheads. Additionally, language is included to provide the department more flexibility in determining appropriate penalties for violations of these regulations. The changes address questions raised by permittees and interested parties regarding the administration of the regulations, and primarily reflect current administrative practice. Generally, additional language and modifications of existing language make the department’s regulations more user-friendly and specific.

30-1. Statement of Policy

30-13. Specific Project Standards for Beaches and Dunes

30-15. Activities Allowed Seaward of Baseline

Document No. 2758

Synopsis: The amendments reflect changes to Section 48-39-290 of the 1976 Code relating to the permitting of groins seaward of the baseline. These changes make the department’s regulations regarding the construction and refurbishment of groins on the state’s beaches consistent with the current statutory authority to permit these activities.

61-9 Water Pollution Control Permits

Document No. 2783

Synopsis: This amendment:

(1) changes the storm water discharge requirements to supplement other changes published in the State Register and effective July 27, 2001, which resulted from the promulgation of federal round II regulations (Federal Register [FR] December 8, 1999);

(2) establishes requirements to enhance the viability of wastewater facilities;

(3) establishes requirements for standard NPDES permit language and/or conditions;

(4) establishes requirements related to operation and maintenance of wastewater facilities;

(5) clarifies the application of fecal coliform limits for land application and/or surface waters;

(6) makes miscellaneous administrative changes such as minor permit modifications, revision to permit-transfer provisions, and authorization of a permit reopener; and

(7) revises requirements to reflect any other state regulation requirements published since the June 28, 1996, State Register amendment of R.61-9 that may require appropriate changes, modifications, additions, or deletions to this regulation.

61-64, X-Rays (Title B)

Document No. 2825

Synopsis: This amendment revises R61-64, X-Rays (Title B) Sections 2.3.1, 2.3.2, 2.10.6 and 11.3.1. These fees are for the application fee; shielding plan review fee; annual and pro-rated x-ray equipment and vendor fees; and, survey instrument calibration. The fee increases are mandated under the Atomic Energy and Radiation Control Act to recover the cost of the program through the collection of fees.

COMMISSION ON HIGHER EDUCATION

62-900.85–140. South Carolina HOPE Scholarship

Document No. 2752

Synopsis: The South Carolina HOPE Scholarship, established under the South Carolina Education Lottery Act, was approved by the General Assembly during the 2001 legislative session and signed into law on June 13, 2001. Act 356 authorizes funding for scholarships to cover the cost of attendance, up to a maximum of two thousand six hundred fifty dollars (includes $150 book allowance) to eligible students attending four-year public and independent institutions in South Carolina. The purpose of the SC HOPE Scholarship program is to provide funding to students who graduate from high school with a 3.0 cumulative grade point average, but are not eligible to receive the LIFE or Palmetto Fellows Scholarships. Act 356 authorized the Commission on Higher Education to promulgate regulation for administration of the SC HOPE Scholarship Program.

62-900.150. Lottery Tuition Assistance Program for Two-Year Public and Independent Institutions

Document Number 2754

Synopsis: In accordance with Section 59-150-360 of the 1976 Code of Laws, the Commission on Higher Education promulgated regulations and established procedures to administer the Lottery Tuition Assistance Program at two-year public and independent institutions. The purpose of the Lottery Tuition Assistance Program is to provide resources that supplement, not supplant, existing resources for educational purposes to South Carolina students. The program assists students who attend two-year public or independent colleges in the State.

62-450 South Carolina Need-based Grants Program

Document Number 2755

Synopsis: The Commission on Higher Education amended R62-450 of the South Carolina Need-based Grants Program. The amendments clarify the policies and procedures for administering the Need-based Grants Program at the state’s public colleges and universities. The amendments include language that allows students who are pursuing a program of study that is structured so as not to require a baccalaureate degree and leads to a graduate degree to receive the grant for up to eight full-time equivalent semesters. Also included is language that requires institutions to give first priority and award the maximum allowable Need-based Grant ($2,500 if full-time or $1,250 if part-time) to students who are in the custody of the South Carolina Department of Social Services (DSS) due to the approval of Proviso 58.14 during the 2001 legislative session.

62-6. Licensing Criteria.

62-8. Financial Resources.

62-11. Program and Instructor Requirements for Associate Degree Programs.

62-12. Program and Instructor Requirements for Baccalaureate Degree Programs.

62-13. Program and Instructor Requirements for Graduate Programs.

62-16. Catalog/Bulletin/Brochure Requirements.

62-23. Fees.

Document No. 2709

Synopsis:

62-6.A. Require that institutions provide documentation of need;

Require that out-of-state institutions be accredited.

62-6.B. Require full-time faculty in each major, curricular area or concentration;

Define full-time faculty;

Require that faculty be proficient in oral and written communication in language in which courses are taught;

Prescribe record-keeping on faculty;

Encourage selection of faculty from broad representation of institutions.

62-6.D. Prescribe record-keeping on credit for prior education;

Prescribe conditions for transfer and awarding credit for experiential learning;

Specify 25% residency requirement;

Require advanced coursework in inverted, two-plus-two and similar programs;

Limit to approximately one-half of a bachelor’s program transfer from two-year institution;

Require that out-of-state institutions allow transfer credit from branch sites to principal location.

62-6.E. Specify course syllabi content.

62-6.J. Specify credentials for site directors;

Specify credentials for chief academic officers;

Require periodic evaluation of administrators.

62-6.N. Specify that admission requirements be consistent with purposes of institution;

Require official high school transcripts or GED scores for admission into degree programs.

62-6.2. Require process to review and evaluate curriculum;

Require evaluation of program and course effectiveness, student learning, retention, graduation rates, student, graduate, faculty, and employer satisfaction and require use of results to improve quality of instruction.

62-11.A Require one calendar week per semester credit hour awarded.

62-11.G. Require that faculty who teach general education or transfer courses have 18 graduate hours in discipline and hold master’s degree or hold master’s degree with major in discipline.

62-11.H. Prescribe that faculty who teach occupational or technical courses usually have a bachelor’s degree.

62-11.I. Amends language pertaining to credentials from accredited institutions; does not change requirement.

62-12.A. Require one calendar week per semester credit hour awarded.

62-12.D. Amends language pertaining to credentials from accredited institutions; does not change requirement.

62-12.E. Require that teacher education and school personnel programs meet requirements of the Commission and the Department of Education.

62-13.A. Require quantitative and qualitative requirements for admission;

Require one calendar week per semester credit hour awarded.

62-13.B. Require credentials from accredited institutions

62-13.D. Require that teacher education and school personnel programs meet requirements of the Commission and the Department of Education.

62-16.D. Require publication of full-time faculty and degrees held.

62-16.H. Add disclosure that licensure indicates minimum standards have been met and is not equal to or synonymous with regional or specialized accreditation.

62-23.A Increases maximum initial and renewal fee from $1,150 to $5,000.

62-23.D. Increases maximum amendment fee from $575 to $2,500.

62-300 Palmetto Fellows Scholarship Program

Document Number 2756

Synopsis: The Commission on Higher Education amended R62-300, the Palmetto Fellows Scholarship Program. The amendment clarifies the policies and procedures for administering the Palmetto Fellows Scholarship Program. Beginning with the 2002-03 academic year, the amendment increases the Palmetto Fellows Scholarship from a maximum annual award amount of up to $5000 to $6700 per academic year. The regulation also includes language that allows students who are pursuing a program of study that is structured so as not to require a baccalaureate degree to receive the scholarship for up to eight terms or its equivalent.

DEPARTMENT OF INSURANCE

69-64. Exempt Commercial Policies

Document No. 2805

Synopsis: Pursuant to S.C. Code Section 38-1-20(40), the S.C. Department of Insurance promulgated a regulation defining “exempt commercial policies” for purposes of applying the statutory exceptions for approval of rates, classifications, rules, or rating plans prior to use as set forth in S.C. Code Sections 38-73-340 and 38-73-520. The regulation establishes the definition of “exempt commercial policies” as provided by Section 38-1-20(40) and referred to in Sections 38-73-340 and 38-73-520 and explains the effect of the exemption.

DEPARTMENT OF LABOR, LICENSING AND REGULATION

Board of Accountancy

1-05 Certified Public Accountant Examinations

Document No. 2738

Synopsis: The South Carolina Board of Accountancy promulgated a regulation pursuant to S.C. Code Section 40-2-190 to maintain access to the Uniform CPA Examination administered by the American Institute of Certified Public Accountants. The General Assembly authorized the removal of the cap on fees for examination by Act 92 of 2001.

Board for Barrier Free Design

19-400.1. Authority.

19-400.2. Application.

19-400.3 Administration.

Document No. 2728

Synopsis: The Board for Barrier Free Design amended Regulation 19 to transfer its duties and responsibilities under the Accessibility Act (SC Code Section 10-5-210) to a standing committee of the Building Codes Council, to clarify certain language, to delete obsolete and redundant language, to delete language that is covered by the International Building Code or in other statutes, to eliminate conflicts between the existing statutes and regulations for the Building Codes Council and the Board for Barrier Free Design, and to renumber and reletter remaining sections of this regulation.

Board of Chiropractic Examiners

25-8. Advertising and Solicitation.

Document No. 2732

Synopsis: Regulation 25-8 submitted by the Board of Chiropractic Examiners amends Regulation 25-8 by adding a requirement that chiropractors must clearly indicate on signs, solicitations, and advertisements that chiropractic services are being offered.

25-3. Examination.

Document No. 2733

Synopsis: The Board of Chiropractic Examiners amended Regulation 25-3(A) by deleting the requirement that an applicant for licensure take an examination in the subject of philosophy and amended Regulation 25-3(D)(5) by deleting the requirement that an applicant for licensure by endorsement or reciprocity successfully pass a test in philosophy.

25-5. Professional Practices

Document No. 2739

Synopsis: The Board of Chiropractic Examiners amended Regulation 25-5 to require that two of the twenty-four hours of mandatory biennial professional continuing education relate to the regulations of the S.C. Board of Chiropractic Examiners and two hours relate to risk management, including but not limited to, boundary or public health issues.

Labor Division

OSHA

Document No. 2833 (To comply with federal law)

Synopsis: In Subarticle 6 (General Industry):

Minimum standard for Exit Routes, Emergency Action Plans, and Fire Prevention Plans shall be 1910.33 – 1910.39 and related revisions to 1910.119, 1910.120, 1910.157, 1910.268, 1910.272, 1910.1047, 1910.1050, 1910.1051 as amended in FEDERAL REGISTER, Volume 67, Number 216, pages 67961 – 67965, dated November 7, 2002.

In Subarticle 7 (Construction):

Minimum standard for Accident Prevention Signs and Tags, Signaling, and Barricades shall be 1926.200-1926.203 as amended in FEDERAL REGISTER, Volume 67, Number 177, page 57736, dated September 12, 2002.

Recordkeeping

Document No. 2838 (To comply with federal law)

The South Carolina Department of Labor, Licensing and Regulation, Division of Labor, Office of Occupational Safety and Health amended the requirements for keeping records of occupational injuries and illnesses as required by the United States Department of Labor (29 CFR 1904.37 “State Recordkeeping Regulations”).

State Board of Nursing

91-18. Code of Conduct

Document No. 2767

Synopsis: The State Board of Nursing is adding a new Regulation that adopts the American Nurses Association’s Code of Ethics for Nurses With Interpretive Statements (2001 Edition), as the code of ethics for all licensed nurses. The code of ethics defines the essentials of honorable behavior for the licensed nurse and establishes them as enforceable requirements for all licensed nurses practicing in South Carolina.

Office of Elevator and Amusement Ride Safety

71-5600. Fee Schedules.

Document 2740

Synopsis: The Office of Elevator and Amusement Ride Safety proposes to revise existing regulations concerning fees. The cost of fees will increase by $50 per elevator. The cost of a temporary and renewal of a temporary certificate will increase $150. A fee for an annual operating certificate will increase $10 per facility. A fee for a reinspection due to failure to make timely corrections will be $75.00 per hour of inspection time, including travel.

DEPARTMENT OF NATURAL RESOURCES

123-40. Wildlife Management Area Regulations.

Document No. 2819

Synopsis: This regulation sets seasons, bag limits, and methods of hunting and taking of wildlife on Wildlife Management Areas. The amendments add new WMA’s.

123-40. Wildlife Management Area Regulations.

Document No. 2737

Synopsis: This regulation sets seasons, bag limits, and methods of hunting and taking of wildlife on Wildlife Management Areas. The amendments add new WMA’s.

DEPARTMENT OF PUBLIC SAFETY

38-001 through 38-028 Article 1. Criminal Justice Academy, Subarticle 1, Law Enforcement Training

Document No. 2730

Synopsis: The changes update existing regulations to better meet the training needs of law enforcement officers in this State and improve the existing certification requirements.

Article 9. In Car Camera Videotaping Equipment

Document No. 2610

Synopsis: The regulations implement procedures regarding the installation of video cameras in all law enforcement vehicles used for traffic enforcement pursuant to Section 56-5-2953.

Article 3 Subarticle 15 Motorist Insurance Identification Database

Document No. 2820

Synopsis: These regulations outline procedures to be followed by the department and the insurance industry to implement the Motorist Insurance Identification Database Program Act of 2002. The regulations outline the information to be reported by the insurance industry, method for reporting, and frequency of reporting under this program.

PUBLIC SERVICE COMMISSION

103-512.3.1 Amount of Bond.

103-712.3.1 Amount of Bond.

Document No. 2663

Synopsis: 26 S.C. Code Ann. Regs. 103-512.3.1 and 103-712.3.1 are amended to comply with S.C. Code Ann. Section 58-5-720 (Supp. 2001).

103-512.3.1. This regulation is amended to specify the amount of bond for wastewater utilities based on, but not limited to, the total amount of the following categories of expenses for twelve months: Operation and Maintenance Expenses, General and Administrative Expenses, Taxes Other than Income Taxes, Income Taxes, and Debt Service Including Interest Expenses. Additionally, Regulation 103-512.3.1. is amended by increasing the minimum and maximum amount of bonds that wastewater utilities must post with the commission. Finally, Regulation 103-512.3.1. is amended to instruct the PSC staff to review the annual reports and certifications of wastewater utilities and to make recommendations for increasing or reducing the amount of the bond within the minimum and maximum limits prescribed by S.C. Code Ann. Section 58-5-720.

103-712.3.1. This regulation is amended to specify the amount of bond for water utilities is based on, but not limited to, the total amount of the following categories of expenses for twelve months: operation and maintenance expenses, general and administrative expenses, taxes other than income taxes, income taxes, and debt service including interest expenses. Additionally, Regulation 103-712.3.1. increases the minimum and maximum amount of bonds that water utilities must post with the commission. Finally, Regulation 103-712.3.1. instructs the PSC staff to review the annual reports and certifications of water utilities and makes recommendations for increasing or reducing the amount of the bond within the minimum and maximum limits prescribed by S.C. Code Ann. Section 58-5-720.

DEPARTMENT OF REVENUE

Regulations 117-1, 117-2, 117-6, 117-7 and 117-200 Recordkeeping

Document No. 2780

Synopsis: The South Carolina Department of Revenue is repealing SC Regulations 117-1, 117-2, 117-6 and 117-7 and creating three new regulations concerning administrative matters in a new Article 10. Administrative regulations are combined so that all regulations concerning one subject matter can 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. For example, all issues concerning recordkeeping are found in one regulation under Regulation 117-200. This regulation has several “subsections” numbered 117-200.1, 117-200.2, and so on. The amendment provides for retention of books and records to ensure the provisions apply to all laws administered by the department.

Articles 1 through 5 of Chapter 7 of the SC Code of Regulations (SC Regulations 7-1 through 7-99) Alcoholic Beverages

Document No. 2807

Synopsis: The South Carolina Department of Revenue is repealing Articles 1 through 5 of Chapter 7 of the SC Code of Regulations (SC Regulations 7-1 through 7-99) and creating nineteen new regulations concerning the regulation of alcoholic beverages in new Articles 6, 7, 8, and 9 of Chapter 7 of the SC Code of Regulations. Alcoholic beverage regulations are combined so that all regulations concerning one subject matter can be found in one regulation and therefore one place in the regulation code. In addition, most regulations have 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. For example, all issues concerning the requirements for a retail location licensed to sell minibottles for on-premise consumption are found in one regulation under Regulation 7-401. This regulation has several “subsections” numbered 117-401.1, 117-402.2, and so on. The project reduces the number of regulations from 60 to 19. This also combines several regulations that deal with the same subject matter for each type of alcoholic beverage (liquor, beer, or wine) and places this single regulation in a “General Provisions” article. For example, the combines all regulations concerning applications for permits and licenses into one regulation applicable to liquor licenses and beer and wine permits. Regulation 7-200.1(D) and Regulation 7-701.5 were changed to reflect recent legislation concerning the issuance of licenses and permits to publicly traded corporations and the increase in the alcoholic content of natural wine. Provisions prohibiting any inducements to purchase liquor, now found in Regulation 7-43, are deleted to reflect recent legislation. In addition, Regulations 7-300.5, 7-400(D), 7-401.3(B)(2), and 7-404 include longstanding department policy regarding removal of liquor from a retail liquor store after closing, the definition of “luggage compartment,” the amount of refrigerated space in a kitchen, the requirement of having a stove in a kitchen and the disposal of empty or broken sealed minibottles. Requirements for the storage space in a retail liquor store, now found in SC Regulation 7-58, have been deleted as outdated.

7-201. Requirements for Protesting Beer and Wine Permits or Alcoholic Liquor Licenses

Document No. 2808

Synopsis: This regulation by Department of Revenue concerning the requirements for protesting the issuance or renewal of beer or wine permits or alcoholic liquor licenses, includes, but not limited to, the information a protest must contain and what constitutes a timely protest.

117-60 through 117-95.1. Income Tax Reorganization

Document No. 2809

Synopsis: The South Carolina Department of Revenue repealed Article 5 of Chapter 117 of the SC Code of Regulations (SC Regulations 117-60 through 117-95.1) and created fifteen new regulations concerning income tax, withholding and the corporate license fee and annual reports in Articles 12 (Income Tax), 18 (Withholding) and 20 (Corporate License Fee and Annual Reports). Regulations are combined so that all regulations concerning one subject matter are found in one regulation and therefore one place in the regulation code. In addition, a regulation may have 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. This amendment organizes the regulations in the same manner the income tax, withholding, and corporate license fee code of laws are organized. Regulation 117-850.1 (presently Regulation 117-78) was revised to eliminate outdated references to Internal Revenue Service procedures and requires conformity with department standards for reproduced or computer prepared forms. Regulation 117-850.2 (presently Regulation 117-91.10) concerning the submission of information on magnetic tape was revised and streamlined to address modern and changing technology and to conform to department standards for submitting tax information using nonpaper methods. This proposal repealed regulations concerning trucking and bus companies (117-87.9), commercial fishermen (117-87.71), the franchise tax and decrease of capital stock (117-89.2), and nonresident employees operating common carriers (117-91.1) since these regulations are outdated or unnecessary due to recent legislation.

129-1. Tax Board of Review

Document No. 2751

Synopsis: The South Carolina Department of Revenue is repealing Chapter 129 of the Code of Regulations, which consists of only SC Regulation 129-1, concerning the Tax Board of Review. This chapter is no longer needed since the Tax Board of Review no longer exists due to changes in the law.

Tax Regulation Reorganization

Document No. 2781

Synopsis: The South Carolina Department of Revenue is repealing Articles 2, 3, and 4 of Chapter 117 and repealing SC Regulations 117-92.1, 117-92.2, 117-92.3, 117-92.5, 117-88.1, 117-88.2 and 117-88.3 and creating eight new regulations concerning various miscellaneous taxes in a new Article 24. Regulations are combined so that all regulations concerning one subject matter are 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. For example, all issues concerning alcoholic liquor taxes can be found in one regulation under Regulation 117-1200. This regulation has several “subsections” numbered 117-1200.1, 117-1200.2, and so on.

DEPARTMENT OF SOCIAL SERVICES

114-550. Foster Care

Document No. 2711

Synopsis: The department replaced in its entirety Regulation 114-550. The purpose of the revisions is to incorporate recent state and federal law and policy changes and to enhance the requirements for licensure and standards of care for foster children.

114-590. Residential Group Care Organizations for Children

Document No. 2712

Synopsis: These regulations comprise the requirements necessary for a Residential Group Care Organization to obtain a license to care for children. The revisions are necessary to improve the quality of care for children and to incorporate recent state and federal law and policy changes.

ACTS CITED BY POPULAR NAME

Appropriation Bill, 2003-2004

78

Aquaculture Enabling Act

36

Budget Bill, 2003-2004

78

Campaign finance reform

59

DMV Reform Act of 2003

27

Department of Motor Vehicles Reform Act of 2003

27

Domestic Violence Prevention Act of 2003

79

High-Cost and Consumer Home Loans Act

21

Homeland security bill

77

Joint Agency Act

2

Land use dispute bill

16

Layla's Law

16

Maritime Security Act

77

Notice and Opportunity to Cure Construction Dwelling Defects Act

69

Predatory Lending Bill

21

Reapportionment bill

33

Retirees and Individuals Pooling Together for Savings Act (SCRIPTS)

35

Retirement Systems Claims Procedures Act

3

SCRIPTS bill

35

ABBEVILLE COUNTY

Game Zone

No. 2, Raccoon and opossum, hunting season for changed

8

ACTS AND JOINT RESOLUTIONS AMENDED

2000

No. 390, Alcohol concentration level while driving under the influence lowered to .08, provision repealed (Sec. 30)

37

2002

No. 313, Minimum values on certain annuities; effective date extended through June 30, 2005

55

ACTS AND JOINT RESOLUTIONS REPEALED

2002

No. 390, Sec. 30, DUI, provisions related to lowered level of alcohol concentration to .08

37

ADJUTANT GENERAL

National Guard

Judges, required to grant a continuance in court case when a party or his attorney is on active duty as member of National Guard or reserves

6

Property taxes, date for filing extended for members serving near a hazard area

2

ADVERTISEMENTS

Alcoholic liquor, beer and wine; unlawful to advertise towards minors

50

AERONAUTICS

Property tax assessment, governing body of county by ordinance may reduce assessment ratio to general aviation aircraft

13

AGENCIES, STATE

Administrative Procedures

Passive soil-based on-site disposal systems; DHEC to promulgate regulations for

26

Regulations

National building codes, provisions requiring state agencies to adopt; amendments to be promulgated as regulations

70

Records retention schedule approval process; Budget and Control Board eliminated from, schedules no longer developed as regulations

25

Joint Agency Act; provisions relating to special purpose districts that provide natural gas

2

National building codes, provisions requiring agencies to adopt

70

Workplace domestic violence policies; all state agencies required to develop

79

AGING

Prescription drugs, provisions to establish a reduced cost on for non-medicaid senior residents; provisions for Health and Human Services Department (SCRIPTS bill)

35

Retirees and Individuals Pooling Together for Savings Act (SCRIPTS); program to establish reduced cost on prescription drugs to non-medicaid senior residents; provisions for Health and Human Services Department

35

AGRICULTURE

Agriculture Forest Service law enforcement officers and special agents, U.S.; definition of federal law enforcement officer includes

15

Food

Sauces and marinades which contain alcoholic beverage, special food manufacturer's license provided

19

Livestock-poultry, health commission and law enforcement officers authorized to use the uniform traffic ticket for violations related to

32

AIKEN COUNTY

Game Zone

No. 3, Raccoon and opossum, hunting season for changed

8

ALCOHOL AND ALCOHOLIC BEVERAGES

Alcohol and Drug Abuse Services

DUI, provision requiring person to enroll in alcohol and drug safety program before requesting administrative hearing with Public Safety Department deleted

37

Alcohol beverages in containers holding quantities greater than sold to the consumer; Revenue Department must establish form of application and conditions of licenses

19

Alcohol related offenses, person charged with; compulsory hearing program, provision requiring a defendant complete a hearing request form deleted

37

Alcoholic liquor and beverage license, certain; notice of applications, sign requirements in regard to notice

50

Alcoholic liquor license, business licensed to sell that moves within county where licensed within ninety days not required to initiate a new license

50

Alcoholic liquor prohibited from being sold between 2 a.m. and 10 a.m. in the morning

50

Alcoholic liquor, unlawful manufacture and possession of; offenses further provided

50

Alcoholic liquor; publicly-owned auditoriums, coliseums, and armories; authorities in charge of authorized to allow consumption of under certain conditions

50

Alcoholic liquors from licensed retail dealers; alcoholic liquors purchased pursuant to special food manufacturers license

19

Alcoholic liquors, dealers authorized to sell in containers of one hundred milliliters

19

Beer and wine

Brewery and winery permits, fees and expiration dates revised

50

Business licensed to sell that moves within county where licensed within ninety days is not required to initiate a new license

50

Domestic wine, taxes on; provisions repealed

50

Minors, certain advertising to prohibited

50

Permits, off-premises; further specifications and conditions provided

50

Publicly-owned auditoriums, coliseums and armories, authorities in charge of authorized to allow the consumption of under certain conditions

50

Wine sampling, establishments licensed to sell minibottles authorized to conduct samplings in excess of sixteen percent

50

Wine, person 21 years of age or older authorized to have up to 24 bottles of transported each month for their own consumption; provisions for wine distributors

19

Minibottle license, notices; sign requirements revised

50

Minibottle permits, temporary upon referendum; State Treasurer to distribute the fees from; referendum provisions revised

50

Nonprofit organizations with minibottle licenses, employee or agent of prohibited from selling after between 2 a.m. and 10 a.m. the next morning

50

Retail establishments

Licenses, beer and liquor; business that moves within county where licensed within ninety days not required to initiate a new license

50

Revenue Department, occupies entire field of beer, wine, and liquor regulation except in hours of operation that are more restrictive

19

Special food manufacturer's license provided for food items such as marinades and sauces which contain alcoholic beverages

19

ALLENDALE COUNTY

Game Zone

No. 11, Raccoon and opossum, hunting season for changed

8

ANDERSON COUNTY

Game Zone

No. 2, Raccoon and opossum, hunting season for changed

8

ANIMALS

Guide dogs, protection of provided; Layla's Law

16

ANNEXATION

Horry and Georgetown Counties, county lines altered by annexing certain portion of; provisions for legal records

15

Property disputes, decision regarding; procedures for pre-litigation mediation in appeals related to disputes between local governments and private property owners

16

APPROPRIATION ACTS

State, General

Appropriations Bill, 2003-2004

78

ARCHIVES AND HISTORY

Department

Records retention schedule approval process, Budget and Control Board eliminated from; general schedules no longer developed as regulations

25

ARTS AND PRINTS

Arts Commission; one member of the Tourism Expenditure Review Committee to come from

16

ATHLETICS

Athletic Commission, State; placed under administration of LLR, licensure and regulation of various athletes and events provided

12

ATTORNEY GENERAL

High-Cost and Consumer Home Loans Act; to prohibit provisions in high-cost home loan agreements; Attorney General to enforce

21

Securities, fees generated by; Attorney General may retain certain amount of fees, remaining to go to the State Grand Jury

67

ATTORNEYS

Appellate Defense Commission; Indigent Defense Commission authorized to transfer funds to

7

Criminal cases, attorney may charge a nonrefundable flat fee for

11

Indigent Defense Commission

Funds; Commission authorized to transfer funds to the Appellate Defense Commission

7

BAMBERG COUNTY

Game Zone

No. 11, Raccoon and opossum, hunting season for changed

8

BANKS AND SAVINGS AND LOAN ASSOCIATIONS

Claimant agency, required to notify the Revenue Department of a reduction in the delinquency; taxpayer identification number provided instead of social security number

44

Debtor's claim for a refund of the collected debt within one year of collection provided

44

Joint Agency Act; provisions relating to special purpose districts that provide gas

2

Loans

Borrowed-occupied manufactured home secured by; certain disclosures required

21

Consumer, certain restrictions apply to a supervised lender with certain scheduled loan payments; prohibition on prepayment penalties; limits on renewals; provisions

21

Flipping a loan, encouraging default on and financing certain insurance premiums prohibited; violation is unfair trade practice

21

High-Cost and Consumer Home Loans Act; to prohibit provisions in high-cost home loan agreements

21

Mortgage broker or originator; certain acts prescribed and prohibited by

21

Predatory lending practices, lenders; provisions to abide by, penalties

21

Unconscionability, consumer transactions and loans; circumstances when court may find transactions and loans unconscionable

21

Mortgages

Broker or originator; certain acts prescribed and prohibited by

21

Predatory lending practices, lenders; provisions to abide by, penalties

21

Political subdivision may not regulate lending and financial activities of certain entities

21

Predatory lending practices, lenders; provisions to abide by, penalties

21

Purchaser-occupied manufacturer homes, credit sales and loans secured by; certain disclosures required

21

Securities, fees generated by; certain amount may be retained by the Attorney General; remaining to go to the State Grand Jury; amount of filing fees by category modified

67

Securities, filings for federally covered; fee increased to forty-six dollars; technical changes made

67

Securities, investors; cases involving deception, limitations period is extended to three years after discovery of untrue statement or omission

67

BARNWELL COUNTY

Game Zone

No. 11, Raccoon and opossum, hunting season for changed

8

BEAUFORT COUNTY

Game Zone

No. 11, Raccoon and opossum, hunting season for changed

8

BERKELEY COUNTY

Game Zone

No. 6, Raccoon and opossum, hunting season for changed

8

BUDGET AND CONTROL BOARD

Action against state or political subdivisions; board to defend if Attorney General refuses

59

Actions against officers and employees of; provisions for the state to defend if claim brought against based on their work performance

A13, R34, S341 1

Disabilities and Special Needs Department; ownership of real property confirmed, board directed to deed property; department allowed to retain proceeds

13

Records retention schedule approval process; board eliminated from

25

BUILDINGS

Building Codes

National building codes, provisions requiring state agencies to adopt

70

Nationally recognized codes, references to; procedures for adopting codes; state agencies required to adopt

70

School building codes, provisions for construction, improvement, or renovation

74

School buildings, codes and inspections; former provisions repealed

74

Buildings and structures, definitions of "work of making the real estate suitable as a site for a building or structure"; disposal of certain construction and demolition of debris

27

Public

School building codes, provisions for construction, improvement, or renovation of; former provisions repealed

74

School buildings, provisions for construction, standards, improvement or renovation of; Superintendent or designee to inspect and issue certificate of occupancy for

74

BUSINESSES AND CORPORATIONS

Business, transfer of majority of assets of; constitutes lien against transferee's assets until taxes are paid, provisions; Revenue Department may not issue license until all taxes have been paid, licensed may be revoked

44

Corporate license tax, provisions for allowing holding company to reduce its paid-in capital surplus; provisions

82

Eleemosynary corporations; conditions for constructing a residential home without presence of a qualifier

70

Incentive offers to attract business/industry investment must include fiscal impact disclosure once deal is final, public and accepted

73

Income tax

Corporate income tax moratorium for job creation, county's unemployment rate; data revised to calculate, Revenue Department to name counties effective for taxable year beginning after calendar year

44

Corporations elected to be taxed under subchapter "S" of the Internal Revenue Code, may not join in filing of consolidated income tax return

44

Credits against, pass through of credit provided for shareholders, member or partner of and "S" corporation,, limited liability company and partnership

44

Industrial

Development projects requiring a fee in lieu of taxes; definitions of "investor", "investor affiliate" and "business" deleted

44

Limited and single limited liability companies, taxation; definitions apply to all taxes administered by Revenue Department

44

Portable toilets, sales and use tax exemptions on lease; service and maintenance included

44

Small business trust, electing; taxed at highest rate provided for purposes of the Internal Revenue Code

44

CALHOUN COUNTY

Game Zone

No. 6, Raccoon and opossum, hunting season for changed

8

CHARITABLE ORGANIZATIONS

Churches

Child abuse and neglect, members of clergy, christian science practitioner and religious healers required to report unless protected by penitent privilege

81

Commercial solicitation, nonprofit association no longer excluded from definition of

7

Nonprofit organizations with minibottle license prohibited from selling alcoholic liquors between 2 a.m. and 10 a.m. the next day

50

Not-for-profit corporations and committees authorized to solicit funds from the public

59

CHARLESTON COUNTY

Game Zone

No. 6, Raccoon and opossum, hunting season for changed

8

CHEROKEE COUNTY

Game Zone

No. 4, Raccoon and opossum, hunting season for changed

8

CHESTER COUNTY

Game Zone

No. 4, Raccoon and opossum, hunting season for changed

8

CHESTERFIELD COUNTY

Game Zone

No. 5, Raccoon and opossum, hunting season for changed

8

CLARENDON COUNTY

Game Zone

No. 9, Firearms, penalties for hunting with during specific times; provisions repealed

14

No. 9, Raccoon and opossum, hunting season for changed

8

Waterfowl, migratory; unlawful to hunt on Dean Swamp, penalties for violating

34

CODE SECTIONS OF 1976 ADDED, REENACTED OR REDESIGNATED

Title 01

01-001-0704, Goldenrod, designated as the official state wildflower

13

01-001-1410, Workplace domestic violence policy

79

01-011-0440, Budget and Control Board and Retirement Investment Panel, officers and employees of; provisions for the state to defend if claim or action brought against

A13, R34, S341 1

01-034-0010 through 01-034-0070, National building codes, provisions requiring state agencies to adopt

70

Title 01, Chap. 01, Art. 21, Workplace domestic violence policy

79

Title 01, Chap. 34, National building codes, provisions requiring state agencies to adopt

70

Title 02

02-001-0045, Reapportionment plan; House of Representatives election districts established for 2004 general election

33

02-001-0075, Reapportionment plan, Senate election districts established; U.S. Census of 2000 adopted

33

02-077-0010 through 02-077-0050, Higher Education Excellence Enhancement Program; Higher Education Commission required to enter into contracts with private black colleges and universities to help disadvantaged students

10

Title 02, Chap. 77, Higher Education Excellence Enhancement Program; Higher Education Commission required to enter into contracts with private historically black colleges and universities to help disadvantaged students

10

Title 04

04-003-0311, Horry and Georgetown Counties; county lines altered by annexing certain portion of; provisions for legal records

15

Title 06

06-024-0010 through 06-024-0300, Joint Agency Act; provisions relating to special purpose districts that provide natural gas

2

06-029-0825, Zoning Board of Appeals' decision; procedures for pre-litigation mediation in an appeal from provided

16

06-029-0915, Architectural Review Board, decisions; procedures for litigation mediation in an appeal from

16

06-029-1155, Planning Commission, provisions for notice of appeal accompanied by request for pre-litigation; provisions

16

06-029-1310 through 06-029-1380, Zoning officials, educational requirements for provided; Advisory Committee created to approve orientation courses and continuing education programs

16

Title 06, Chap. 24, Joint Agency Act; provisions relating to special purpose districts that provide natural gas

2

Title 06, Chap. 29, Art. 09, Zoning officials, educational requirements for provided; Advisory committee created to approve orientation courses and continuing education programs

16

Title 08

08-013-0365, Ethics Commission to establish system of electronic filing

59

08-013-1309, Ballot measure committee to file initial certified campaign report when it receives or expends certain amount of contributions

59

08-013-1333, Not-for-profit corporations and committees authorized to solicit contributions from the public

59

08-013-1371, Ballot measure committee, conditions for contributions to be made to established; Ethics Commission has power to seize and distribute

59

08-013-1373, Budget and Control Board to defend action against state or political subdivisions if Attorney General refuses

59

Title 09

09-021-0010 through 09-021-0070, Retirement Systems Claims Procedures Act

3

Title 09, Chap. 21, Retirement Systems Claims Procedure Act

3

Title 12

12-002-0100, Revenue Department, tax credits administered by usable for year generated in; credit not refundable

44

12-004-0385, Revenue Department to give notice to Labor, Licensing, and Regulation Department when adjusting group is affected by proposed change; refund for sales tax paid on lease or renting of public toilets

44

12-006-0535, Small business trust, electing; taxed at highest rate provided for purposes of Internal Revenue Code

44

12-006-5085, Income tax return, state; contribution to the Litter Control Enforcement Program provided

68

12-006-5085, Litter Control Enforcement Program, tax return check off contribution to

44

12-006-5090, Income tax return, state; contribution to the Law Enforcement Assistance program provided

68

12-039-0360, Property taxes, date for filing extended for members of the Armed Forces or National Guard serving near a hazard zone

2

12-043-0360, Aviation aircraft, governing body of county by ordinance may reduce assessment ratio applicable to general aviation aircraft subject to property tax

13

12-054-0124, Business, transfer of assets; constitutes lien against transferee's assets until taxes are paid, provisions; Revenue Department may not issue business license taxes have been paid, licensed may be revoked

44

Title 14

14-001-0235, Civil action cases; judge, court, or official of prohibited from appointing an attorney; exception; Indigent Defense Commission authorized to transfer funds to the Appellate Defense Office

7

Title 20

20-007-0380, Social Services Department required to make staff training in domestic violence available to childcare facility owners and operators

79

Title 23

23-006-0180, Public Safety Department to keep permanent records of all highway patrolmen killed in line of duty, die while actively employed, and who are retired

37

23-006-0493, Savannah river site law enforcement department; person employed by may attend and be trained at the Criminal Justice Academy

77

Title 27

27-018-0085, Unclaimed property, treatment provided for payable or distributable in course of demutualization of insurance company as abandoned in five years

35

Title 29

29-005-0027, Construction and demolition debris disposal services; person providing is a laborer; definitions provided

27

Title 30

30-004-0055, Public body must disclose fiscal impact of incentive offers to attract business/industry investment at time offer is accepted and made public or finalized

73

30-004-0065, Governor's cabinet meetings are subject to disclosure only when the cabinet is granted certain powers by executive order

73

Title 34

34-001-0140, Political subdivision may not regulate or limit financial activity of a lender subject to state or federal jurisdiction

21

Title 37

37-002-0309, Loans and credit sales, purchaser-occupied manufactured homes; certain disclosures required

21

37-003-0308, Loans and credit sales, borrower-occupied manufactured homes; certain disclosures required

21

37-003-0413, Consumer loans, certain restrictions apply to a supervised lender with certain scheduled loan payments; prohibition on prepayment penalties; limits on renewals; provisions

21

37-023-0010 through 37-023-0085, High-Cost and Consumer Home Loans Act; provisions in a high-cost home loan agreement

21

Title 37, Chap. 23, High-Cost and Consumer Home Loans Act; to prohibit provisions in a high-cost home loan agreement

21

Title 40

40-005-0390, Criminal cases; attorney may charge a nonrefundable flat fee for

11

40-015-0082, Dental hygienist, certain functions and procedures that may not be delegated to specified

24

40-015-0085, Dental hygienist, definitions related to provided

24

40-015-0102, Dental hygienist, certain functions that may perform under general supervision specified

24

40-015-0110, Dental hygienist, provisions pertaining to services provided in a public health setting revised

24

40-058-0078, Mortgage broker or originator; certain acts prescribed and prohibited by

21

40-059-0810 through 40-059-0860, Notice and Opportunity to Cure Construction Dwelling Defects Act

69

41-081-0010 through 40-081-0530, Athletic Commission, State; placed under the administration of LLR; licensure and regulation of various athletics and events provided

12

Title 40, Chap. 59, Art. 05, Notice and Opportunity to Cure Construction Dwelling Defects Act

69

Title 40, Chap. 81, Athletic Commission, State; placed under the administration of LLR, licensure and regulation of various athletes and events provided

12

Title 42

42-003-0105, Workers' Compensation Commission, fines and penalties assessed by doubled; minimum penalty for certain violations; Commission authorized to retain and expend all revenues

37

Title 43

43-001-0260, Community domestic violence coordinating councils, Department of Social Services to facilitate development of in each county or multi-county

79

Title 44

44-006-0610 through 44-006-0680, Retirees and Individuals Pooling Together For Savings Act (SCRIPTS); program to establish reduced cost on prescription drugs to non-medicaid seniors; provisions for Health and Human Services Department

35

44-055-1310 through 44-055-1360, Passive soil-based on-site disposal systems; provisions regulating the installation of and use of

26

Title 44, Chap. 06, Art. 05, Retirees and Individuals Pooling Together for Savings Act (SCRIPTS); program to establish reduced cost on prescription drug to non-medicaid seniors; provisions for Health and Human Services Department

35

Title 44, Chapter 55, Art. 14, Passive soil-based on-site disposal systems; provisions regulating the installation of and use of;

26

Title 47

47-003-0910 through 47-003-0970, Layla's Law; protection of guide dogs provided

16

Title 47, Chap. 03, Art. 15, Layla's Law; protection of guide dogs provided

16

Title 50

50-005-1707, Sharks, limits on taking

1

50-009-0075, Hunting license, permit, stamp, or tag; unlawful to purchase, acquire or possess while privileges are suspended, penalties provided

2

50-011-0033, Migratory waterfowl, unlawful to hunt on Dean Swamp in Clarendon County and waters of Lake Marion in Orangeburg County; penalties for violations

34

50-011-0105, Natural Resources Department may implement measures to prevent spread of disease among wildlife

55

50-011-2600 through 50-011-2650, Coyote; unlawful to sell, transfer, possess or release a live coyote, coyote-hybrid or fox in the state; exceptions

8

50-018-0210 through 50-018-0290, Aquaculture Enabling Act

36

Title 50, Chap. 11, Art. 13, Coyote; unlawful to sell, transfer, possess, or release a life coyote, coyote-hybrid or fox in the state; exceptions

8

Title 50, Chap. 18, Art. 02, Aquaculture Enabling Act

36

Title 54

54-017-0010 through 54-017-0070, Maritime Security Act; security commission established; provisions to reestablish a naval militia as a volunteer force

77

Title 54, Chap. 17, Maritime Security Act, security commission established; provisions for naval militia to be a volunteer force

77

Title 56

56-001-0005, Motor Vehicles Department, establishment and duties of provided

27

56-001-0015, Motor Vehicles Department may enter into contracts with certain persons and entities to issue portions of driver's license examination

27

56-001-0125, Selective Service, U.S.; certain persons must be registered for when applying to Motor Vehicles Department for certain services

27

56-001-0215, Driver's license, under certain circumstances person may have license renewal without taking road test or written examination

27

56-001-0345, Motor Vehicle Department, may charge and collect certain fees for providing information records maintained by

27

56-003-4100, Elks Association special license plates

27

56-005-2942, DUI, second or subsequent violation; provisions for motor vehicle to be immobilized

37

56-005-5635, Motor vehicle; procedures for law enforcement to have towed; disposal of provided

53,P0084

56-015-0410 through 56-015-0450, Nonfranchise automobile dealer license, applicants for to complete pre-licensing education courses

84

56-019-0500 through 56-019-0550, Manufactured homes, uniform procedures for retiring title certificates to certain homes affixed to real property; provisions for homes to be subject to a mortgage

75

Title 56, Chap. 03, Art. 41, Elks Association special license plates

27

Title 56, Chap. 15, Art. 04, Nonfranchise automobile dealer license, applicants for to complete pre-licensing education courses

84

Title 56, Chap. 19, Art. 04, Manufactured homes, uniform procedures for retiring title certificates to certain manufactured homes affixed to real property; provisions for homes to pay mortgages

75

Title 59

59-001-0475, Education Department with Social Service Department to develop materials for domestic violence continuing education for school districts to provide to teachers and staff

79

59-018-1310, Public schools and districts, certain strategic plans and improvement reports required by consolidated; dates submitted revised

76

59-023-0210 through 59-023-0250, School building codes, provisions for applicable standards in construction, renovation or improvement to

74

59-029-0165, Personal finance class, public schools; students required to receive class on

44

59-063-0333, Education Department; to comply provisions of the school crime report with the federal "No Child Left Behind Act of 2001"

76

Title 59, Chap. 23, Art. 02, School building codes, provisions for applicable standards in construction, renovation or improvement

74

Title 61

61-002-0135, Business licensed to sell alcoholic liquor or beer and moves within the county where licensed within ninety days not required to initiate a new license

50

61-004-0745, 61-004-0747, Wine, person 21 years of age or older authorized to have up to 24 bottles of transported each month for their own consumption; provisions for wine distributors

19

61-006-0710, Food items such as sauces and marinades which contain alcoholic beverages, special food manufacturer's license established by Revenue Department; alcoholic beverages in certain sizes authorized to be purchased

19

61-006-1640, Wine samplings, provisions to allow establishments with a minibottle license to conduct in excess of sixteen percent

50

CODE SECTIONS OF 1976 AMENDED, SUSPENDED OR REDESIGNATED

Title 01

01-011-0730, State health and dental plan, dependent of person killed in the line of duty; provisions to receive state health coverage

68

01-023-0630, Administrative law judge authorized to use mediation in manner that does not conflict with the law

16

01-030-0090, Motor Vehicle Division, duties and functions within the Public Safety Department deleted

27

01-031-0010, Minority Affairs Commission; African-Americans, Native Americans, Hispanics, and Asians included in minority community; powers and duties for the Minority Affairs Commission provided

72

01-031-0040, Minority Affairs Commission, African-Americans, Native Americans, Hispanics, Asians included within minority community; powers and duties for the commission provided

72

Title 02

02-017-0020, 02-017-0025, Lobbyists, registration fee changed; when a statement of termination is effective provided

59

02-017-0030, Lobbyists activities, time for filing reports changed

59

02-017-0035, 02-017-0040, Lobbyists' principals', time for filing reports changed

59

02-017-0040, Lobbyist, time for filing reports changed for agency or department

59

02-017-0090, General Assembly, invitation to national and regional conventions and conferences authorized to be extended to

59

02-017-0090, Lobbyist principals, prohibited acts of public officials and employees; cabinet officers excluded

59

Title 04

04-012-0010 through 04-012-0050, Fee in lieu of property taxes; reduced investment, designations of counties as; investor projects and sponsors; disqualifications

44

04-012-0030, Property taxes, fee in lieu of; effectiveness of county designated in the following calendar year provided; provisions for Revenue Department to designate reduced investment counties

44

04-029-0010, Industrial development projects requiring a fee in lieu of taxes; definitions of "investor", "investor affiliate" and "business" deleted

44

04-029-0067, Industrial development projects requiring fees in lieu of property taxes; reduced investment, designation of counties as; investor projects and sponsors; disqualifications

44

Title 04, Chap. 12, Fee in lieu of property taxes; reduced investment, designation of counties as; investor projects and sponsors; disqualifications

44

Title 06

06-004-0035, Tourism Expenditure Review Committee, membership increased from nine to eleven; one from the Arts Commission and one at-large

16

06-009-0005 through 06-009-0130, Building codes, references to nationally recognized codes and organization; procedures for adopting codes; conditions for eleemosynary corporations constructing a residential home

70

06-011-0435, Special purpose districts that provide water and sewer services; services may continue to be provided outside diminished boundaries; county board must approve

69

06-029-0800, Zoning matter may be remanded to an administrative official if the Zoning Board of Appeals determines record insufficient for review

16

06-029-0820, Zoning, property owner may file notice of appeal to circuit court accompanied by a request for pre-litigation mediation

16

06-029-0830, Zoning Board of Appeals, decisions; procedures by direct appeal and appeal after mediation is not successful

16

06-029-0840, Property disputes, appeal that includes no issues triable by jury must be put on nonjury docket; appeal must be given precedence over civil cases if requested

16

06-029-0890, Architectural Review Board, appeal to; may be remanded to an administrative official if board determines record insufficient for review

16

06-029-0900, Architectural Review Board, appeals to circuit court; property owner may file a notice of accompanied by a request for pre-litigation mediation

16

06-029-0920, Architectural Review Board, decision; procedures for direct appeals and appeal after mediation is not successful

16

06-029-0930, Property disputes, appeals of decisions that do not include issues triable by jury must be placed on nonjury docket; appeals must be given precedence over civil cases if requested

16

06-029-1150, 06-029-1155, Planning Commission, decisions regarding property disputes; provisions for notice of appeal accompanied by request for pre-litigation mediation; provisions

16

Title 06, Chap. 09, Building codes, references to nationally recognized codes organizations; procedures for adopting codes; conditions for eleemosynary corporation constructing a residential home

70

Title 07

07-007-0280, Greenville County; certain voting precincts revised and renamed

59

07-007-0320, Horry County; certain voting precincts revised

43

07-007-0380, Lexington County; certain voting precincts renamed

20

07-007-0430, Oconee County; certain voting precincts renamed

59

07-007-0490, Spartanburg County; certain voting precincts renamed and revised; polling places for must be determined by County Election Commission with approval of the legislative delegation

43

07-007-0510, Union County; voting precincts renamed and revised

25

Title 08

08-013-0100, Ethics, government accountability; election; definition of deleted

59

08-013-0320, Ethics Commission; complaint that has been dismissed, notice of waiver to be forwarded to

59

08-013-0325, Ethics Commission authorized to retain certain fees to offset costs of regulating lobbyist and lobbyist's principals

59

08-013-0530, Legislative ethics committees, caucus committees included in definition of

59

08-013-0770, Transportation Infrastructure Bank, former members of General Assembly allowed to serve on

59

08-013-1300, Committee, definition of extended; ballot measure committee deleted with in election

59

08-013-1300, Legislative caucus; one for each political, racial, ethnic, or gender-based affinity by a committee or either house of the General Assembly established; prohibition deleted

59

08-013-1302, Ballot measure committee, reference to included in maintenance records of contributions by a candidate

59

08-013-1304, Ballot measure committee; provisions related to filing statements of organization

59

08-013-1306, Ballot measure committee included in provisions relating to statement of organization

59

08-013-1308, Campaign reports, independent expenditures within requirements; provisions for filing reports

59

08-013-1310, Campaign reports, copies of no longer to be sent to the State Election Commission

59

08-013-1312, Campaign bank accounts, prohibition from establishing more than one bank account for the separation of funds; exception made; time for determining names and addresses extended

59

08-013-1314, Campaign contributions, political parties prevented from receiving through its party committees or legislative caucus committees that total certain amounts

59

08-013-1316, Political parties, prohibited from receiving contributions through party committees or legislative caucus committees; provisions

59

08-013-1324, Ballot measure committee, anonymous campaign contributions to prohibited

59

08-013-1332, Campaigns, unlawful contributions and expenditures; ballot measure committee included, provisions

59

08-013-1340, Committee, agent of or ballot measure committee or agent of; definitions related to; campaign finance reform bill

59

08-013-1354, Election-related communication, ballot measure committee deleted from the requirements

59

08-013-1358, Campaign reports, certified; format of; exception provided

59

08-013-1366, Certified campaign reports no longer located at Election Commission

59

08-013-1368, Campaign filing requirements, termination of; ballot measure committee included in

59

08-013-1370, Unexpended contributions by a candidate after election, ballot measure committee included in requirements related to

59

08-013-1372, Campaign filing reports, technical violations of; Ethics Commission instead of Election Commission to determine errors

59

08-013-1510, Elections, failure to file reports or statement; five hundred dollar maximum fine deleted

59

08-013-1520, Elections, certain violations are misdemeanors

59

Title 09

09-001-0010, Retirement System, college work-study students and graduate assistants included in definition of employee

83

09-001-0010, Retirement System; earned service, definition revised

66

09-001-1140, Retirement System, provisions for person who participated in Optional Retirement Program or other Teacher or Higher Education Retirement program may participate in

66

09-001-1790, Retirement system, member returning to covered employment; number of days must be retired before returning reduces to fifteen

83

09-011-0010, Police Officers Retirement System, definition of earned service revised

66

09-011-0025, Police Officers Retirement System, definition of police officer revised; peace officer hired by Mental Health Department after January 1, 2000 included in

3

09-011-0040, Police Officers Retirement System, how an active member may establish service credit for service under other specified retirement programs provided

66

09-011-0050, Police Officers Retirement System, how an active member may establish service credit under other specified retirement programs provided

66

09-020-0010, Optional Retirement Program, definitions revised

66

09-020-0040, Optional Retirement Program or certain other Teacher or Higher Education Retirement Programs, manner in which and conditions person who participants in may participate in S.C. Retirement

66

09-020-0060, Group life insurance benefits, restriction on paying retirement benefits for service in certain other retirement programs deleted

66

Title 12

12-002-0020, Taxation, definition of person for purposes of; definition applies to all taxes administered by Revenue Department

44

12-002-0025, Limited and single limited liability companies, taxation; definitions apply to all taxes administered by Revenue Department

44

12-002-0040, Internal Revenue Code, provisions adopt it to state law

44

12-004-0580, Revenue Department, debt collection for a governmental entity; "liabilities owed the governmental entity redefined to mean "delinquent debt"; notice and appeals procedures provided

44

12-006-0540, Homeowners' associations, tax rates applicable to exempt organizations; specific reference to the association provided

44

12-006-3310, Income tax; shareholder, member, or partner of an "S" corporation, limited liability company taxed like partnership, and partnership

44

12-006-3360, Job tax credit, county's designation required to be effective for taxable years after the calendar year

44

12-006-3360, Targeted jobs tax credit, definition of new job extended; jobs to be located in a county classified as distressed or least developed

82

12-006-3365, Corporate income tax moratorium for job creation, county's employment rate; data revised to calculate, Revenue Department to name counties effective for taxable year beginning after calendar year

44

12-006-3415, Research and development expenses, income tax credit for applies only to research expenses

44

12-006-3470, Employer tax credit, application of maximum aggregate credit for employees in distressed counties exempt from

44

12-006-3535, Historic structure, tax credit for restoring; "certified historic residential structure" and redefined, "owner-occupied residence defined; documentation of rehabilitation standards

44

12-006-5020, Corporations elected to be taxed under subchapter "S" of Internal Revenue Code, may not join in filing of consolidated income tax return

44

12-008-0580, Nonresidential real property, sale of; tax liability and exemptions provided

44

12-010-0095, Retraining tax credit, apprenticeship programs and programs enhancing exports included; counties allowed to postpone 2002 reassessment program for additional year

44

12-013-0050, Building and loan association income tax, exception from; payment not to be in lieu of deed recording fees

44

12-013-0070, Revenue Department, duty to promulgate regulations changed to permissive; department's authority to issue advisory opinion clarified; technical corrections

44

12-020-0050, Corporate license tax, provisions for allowing holding company to reduce its paid-in capital; provisions

82

12-020-0105, License tax credit, projects eligible for; eligibility included pursuant to any of the the fee in lieu programs

44

12-020-0150, Revenue Department's duty to promulgate regulations changed from mandatory to permissive

44

12-021-1010, Beer and wine tax, definition of "domestic wine"deleted

50

12-021-1610, Beer and wine, provisions which permit an individual to import beer and wine into the state for personal use and consumption deleted

19

12-028-0110 through 12-028-2930, Motor fuels, "user fee" substituted for "tax" and "motor fuel subject to the user fee" for "taxable motor fuel"

44

12-028-0940, Motor fuel tax; Revenue Department's authority to promulgate regulations changed from mandatory to permissive

44

12-033-0210, Special food manufacturer's license, biennial license tax provided

19

12-035-0040, Simplified Sales and Use Tax Administration Act; delegations to multistate meetings may be reimbursed for lodging, airfare and other business expenses

44

12-036-0910, Sales and use tax, bundled transactions provided

44

12-036-1310, Tangible personal property, credit provided for taxes paid in another state; proof required, reciprocity requirement deleted

44

12-036-2120, Portable toilet, sales tax exemption for seventy percent of gross proceeds of the rental/lease of

44

12-036-2120, Sales tax exemption, prescription medicines used in treatment of respiratory syncytial virus (RSV) exempt from

44

12-037-0220, Motor vehicle, property tax exemption provided for private passenger vehicle leased to member of armed forces; provisions

44

12-039-0070, Assessment and appraisal of certain personal property of business and industry; determination as classified in North American Classification System manual and references changed

44

12-043-0210, Uniform and equitable assessments; Revenue Department's authority to promulgate regulations changed from mandatory to permissive

44

12-043-0230, Revenue Department's authority to promulgate regulations change from mandatory to permissive

44

12-043-0355, Assessment and appraisal of certain personal property of business and industry; determination as classified in North American Classification System manual and references changed

44

12-044-0010 through 12-044-0170, Fee in Lieu of Tax Simplification Act; reduced investment, designation of counties as; investor projects and sponsors; disqualifications

44

12-044-0030, Property taxes, fee in lieu of; effectiveness of county designations in the following calendar year provided; provisions for Revenue Department to designate reduced investment counties

44

12-053-0040, Tax sales and collections, cost of filing, enrolling, and satisfaction of state tax lien included

44

12-054-0025, Taxes, interest that must be paid on when tax is not paid; technical changes made

44

12-054-0110, Revenue Department's authority to summon taxpayer, extended to tax matters administered by department

44

12-054-0240, Revenue Department, disclosure of certain records, reports and returns filed with; information pursuant to a subpoena issued by grand jury included

44

12-056-0020, Revenue Department, debt collections by for a claimant agency; county, local government entity or quasi-governmental entity specified as a political subdivision

44

12-056-0060, Claimant agency, required to notify the Revenue Department of a reduction in the delinquency

44

12-056-0062, Debt, notice of interest due and setoffs may be made against refunds until the delinquency is paid

44

12-056-0063, Debt to claimant agency; taxpayer identification number provided instead of social security; provisions allowing Municipal Association or Association of Counties to cover costs for submitting claim

44

12-056-0065, Debtor's claim for a refund of the collected debt within one year of collection provided

44

12-060-0010 through 12-060-0090, Revenue Department, manner of which disputes or claims with Department are determined or resolved

44

12-060-0410 through 12-060-0520, Revenue Department; appeals procedures revised

44

12-060-0910, 12-060-0920, Revenue Department, appeals procedures revised

44

12-060-1310 through 12-060-1350, Licenses, appeals procedures revised

44

12-060-2110, Property tax assessment protests; time for filing revised

44

12-060-2510, Property tax assessment notices, certain references clarified

44

12-060-3310 through 12-060-3390, Revenue cases; duties, functions, and responsibilities of the Administrative Law Judge Division and department hearing offices revised

44

Title 12, Chap. 28, Motor fuels, "user fee" substituted for "tax" and "motor fuel subject to the user fee" for "taxable motor fuel"

44

Title 12, Chap. 44, Fee in Lieu of Tax Simplification Act; reduced investment, designation of counties as; investor projects and sponsors; disqualifications

44

Title 12, Chap. 60, Art. 01, Revenue Department, manner of which disputes or claims with are determined or resolved

44

Title 12, Chap. 60, Art. 05, Revenue Department; appeals procedures revised

44

Title 12, Chap. 60, Art. 13, Revenue cases, duties, functions and responsibilities of Administrative Law Judge Division and department hearing offices revised

44

Title 13

13-001-1720, Coordinating Council for Economic Development, public nature of funds including accountability, disclosure, reporting and procurement requirements restated

73

Title 14

14-007-1630, Grand jury system, jurisdiction revised to include violations of the Uniform Securities Act or related securities laws

67

Title 16

16-001-0060, Criminal domestic violence of a high and aggravated nature included as a violent crime

79

16-011-0700, Litter gathering labor as sentence for violation mandatory; monetary penalty and probation may be granted in lieu of; provisions

84

16-011-0760, Motor vehicle parked on private property; provisions related to the lien placed on vehicle for towing and storage and sale of vehicle under certain conditions deleted

53

16-025-0010 through 16-025-0090, Criminal domestic violence, household member redefined; authorize suspension of sentence except in mandatory sentences provided; provisions for law enforcement agencies

79

Title 16, Chap. 25, Art. 01, Criminal domestic violence, household member redefined; authorize suspension of sentence except in mandatory sentences provided; provisions for law enforcement agencies

79

Title 17

17-005-0535, Autopsy; additional circumstances in which photographs, videos, and audio recordings of may be viewed

14

17-022-0050, Pretrial intervention program, person charged with criminal domestic violence may not be considered for

79

Title 20

20-004-0020, Domestic violence, household member; definition of revised

79

20-007-0510, Child abuse and neglect, persons required to report; member of clergy, christian science practitioners and religious healers included

81

20-007-0550, Child abuse or neglect, privileged communication regarding; priest, christian science practitioner and religious healers required to report unless protected by priest-penitent privilege

81

20-007-0768, Parental rights, court to find compelling reasons for not initiating termination of under certain circumstances; provisions

23

20-007-0776, Foster care, Social Services Department to show compelling reasons for permanency plan that does not reunite child with parents and does not terminate parental rights; provisions

23

20-007-1640, Foster care, license applications for; provisions authorizing Social Services Department to issue temporary licenses pending investigations deleted

23

Title 22

22-005-0910, Criminal domestic violence, first offenses; expungement of records authorized for

79

Title 23

23-001-0212, Agriculture Forest Service law enforcement officers and special agents, U.S.; definition of federal law enforcement officer to include

15

23-001-0212, Federal law enforcement officers; U.S. Agriculture Forest Service officers, Interior Fish and Wildlife special agents and Marine Fisheries special agents included in the definition of

15

23-003-0015, Law Enforcement Division, jurisdiction and authority includes establishing and operating counter terrorism related units, coordinating grants with homeland security and serve as representative to U.S. Homeland Security

77

23-031-0420, Firearms, unlawful use of; references to illegal blood alcohol level changed to eight one-hundredths of one percent or greater

37

Title 24

24-001-0280, Mental Health Department, peace officer hired by; status provisions for

3

24-013-0470, Local correction facility includes local detention facility for purposes of detainees throwing body fluids on officers

6

24-019-0010, Youthful offenders; term includes person under seventeen who commits nonviolent crime that is a Class D felony

11

Title 25

25-001-2260, Judges, required to grant a continuance in a court case when a party or their attorney is on active duty as member of the National Guard or reserves

6

Title 27

27-032-0010 through 27-032-0250, Vacation timeshare plans, provisions relating to

71

27-033-0050, Landlord and tenant, responsibilities of for utilities, water, sewerage, and garbage services; requirements do not apply to a landlord whose property is a multi-unit building; provisions

42

27-050-0030, Residential Property Condition Disclosure Act, vacation timeshare plan or multiple ownership interest exempt from

71

Title 27, Chap. 32, Art. 01, Vacation timeshare plans, provisions relating to

71

Title 29

29-005-0010, Building and structures, definitions of "work of making the real estate suitable as a site for a building or structure"; disposal of certain construction and demolition of debris

27

29-005-0027, Laborer and person, definitions of provided

27

29-015-0010, Motor vehicle, lien on an article repaired or stored; storage costs may be charged that have accrued before notification to the owner or lienholder where vehicle is located

53

29-015-0010, Repair and storage liens, certain storage costs may be charged and recovered

84

Title 30

30-001-0090, Archives and History Department, records retention schedule approval process; Budget and Control Board eliminated from, general schedules no longer developed as regulations

25

30-002-0030, Family Privacy Practice Act; definition of commercial solicitation changed

7

30-002-0030, Family Privacy Protection Act; documents filed with Revenue Department under business address that is also a personal address is not personal information

44

30-002-0050, Commercial solicitation; state agency substituted for a public body

7

30-004-0020, Freedom of Information Act, public body; definition expanded to included a legislative caucus or group made up of a majority of certain public employees

73

30-004-0040, Documents of public body used in incentive offers to attract business/industry investment no longer exempt from disclosure once offer is accepted or rejected

73

30-004-0040, Freedom of Information Act; autopsy, circumstances which photographs, videos, visual images and audio recordings may be viewed

14

Title 35

35-001-0220, Uniform Securities Act, fees generated by; Attorney General may retain certain amount of fees; remaining to go to the State Grand Jury

67

35-001-0430, Uniform Securities Act, registrations pursuant to; investment advisors and federally covered advisors

67

35-001-0480, Securities fees, amounts of filing fees by category modified

67

35-001-1100, Securities, filings for federally covered; fee increased to forty-six dollars; technical changes

67

35-001-1530, Securities, investors; cases involving deception; limitations period is extended to three years after discovery of untrue statement or omission

67

Title 36

36-009-0525, Commercial Code; records, indexing and filing of; fee assessment recalculated

11

Title 37

37-001-0109, Consumer Protection Code, dollar amount changes, loan limit of one hundred fifty thousand dollars subject to change

21

37-003-0103, Consumer protection, definitions for purposes of; short-term vehicle secured loan defined

21

37-005-0108, Consumer credit transactions, circumstances when court may find a transaction unconscionable

21

37-005-0203, Manufactured home, credit sales or loan secured by; disclosure amount required, penalties increased

21

37-010-0103, Prepayment without penalty of certain loan, loan limited increased

21

Title 38

38-001-0020, Insurance, definition of exempt commercial policies changed

55

38-007-0020, Insurance premium tax, basis which taxes are assessed on premiums from written rather than collected

55

38-021-0170, Insurance Department, reporting of dividends and distributions; number of days before payment the report must be given increased

55

38-021-0270, Domestic insurer, distribution to the shareholder of; Insurance Department's review of this type of distribution clarified

55

38-041-0060, Health plans, multiple employer self-insured; internal code citation corrected

55

38-043-0010, Insurance agents, internal code citation corrected

55

38-043-0040, Insurance Department, provisions that require director to approve the appointment of producers before they rise or transact business removed

55

38-043-0050, Insurance, limited line or special producers license; requirement that applicant be appointed by an official or authorized representative before can act as a producer deleted

55

38-043-0070, Insurance Department, internal code citation corrected

55

38-043-0100 through 38-043-0106, Insurance agents, license and continuing education provisions

55

38-045-0020, Insurance brokers, two-year waiting period for resident surplus lines insurance brokers deleted

55

38-045-0030, Insurance broker, nonresident; requirement to furnish a ten thousand dollar surety bond deleted

55

38-071-0880, Group health insurance plan, sunset provision extended to December 31, 2003 to comply with federal law

55

38-074-0010, Health insurance pool, "qualified TAA eligible individual" defined

55

38-074-0030, Health insurance pool coverage, thirty-day requirement except from; pre-existing condition waived for a qualified TAA eligible individual

55

38-075-0460, Insurance department; property insurance expansion parameters redefined; directors powers and duties provided

55

38-077-0870, Insurance, assignment of risks, exception provided for military risks principally garaged in the state to be assigned plan

55

38-079-0420, Patient's Compensation Fund, amount fund pays in excess of each incident or aggregate increased

55

38-090-0010, 38-090-0020, Captive insurance companies, authorized to form as limited liability companies; license fees increased, premium taxes limited; provisions

55

38-090-0040 through 38-090-0060, Captive insurance companies, authorized to form as limited liability companies; license fees increased; premium taxes limited, provisions

55

38-090-0140, Captive insurance companies authorized to form as limited liability companies; license fees increased, premium taxes increased; provisions

55

38-090-0200, Captive insurance companies authorized to form as limited liability companies; license fees increased; premium taxes limited; provisions

55

Title 40

40-082-0420, Liquid petroleum gas dealer must have access to facilities with minimum capacity of 30,000 gallons of water within a close proximity; provisions

5

Title 42

42-007-0310, Workers' compensation, Second Injury Fund; reimbursements to employees or carrier which have defaulted on current assessments until they are paid prohibited

55

42-009-0400, 42-009-0410, Workers' compensation, Second Injury Fund; reimbursements, what employer must establish in order to qualify for reimbursements and receive additional benefits

55

Title 44

44-007-0170, Private practitioner must obtain Certificate of Need from DHEC before constructing or establishing a new health care facility or acquiring certain medical equipment

11

44-063-0161, Vital statistics, penalty for violating certain provisions related to; technical changes made

42

Title 47

47-004-0110, Livestock-Poultry; Health Commission, officers and law enforcement officers authorized to use the uniform traffic ticket for violations

32

Title 50

50-005-1335, Blue crab traps for commercial purposes, unlawful setting of; provisions clarified; prohibition of expanded

36

50-005-2725, Shark catch limits, federal provisions which apply further provided for

1

50-009-0710, Commercial fishing lakes and pay to fish businesses; exempt from purchasing individual license if business has valid aquaculture permit or registration

36

50-011-0010, Migratory birds and waterfowl, hunting of; provisions revised and penalties for violating provided

3

50-011-0120, Beavers, no closed season for hunting on private lands

14

50-011-0120, Hunting season for raccoon and opossum changed for all game zones

8

50-011-0140, Raccoons, opossums or foxes; unlawful to take during period which they may be hunted without weapons

8

50-011-0310(E), Deer, lawful to hunt on Sundays on private land

13

50-011-0710, Coyote, night hunting permitted for

8

50-011-0760, Hunting from public road or railroad right-away; definition of "hunting" revised

27

50-011-0940, Belle W. Baruch Foundation; unlawful for person to trap, hunt, molest, etc. any game or trespass on

32

50-011-1090, Natural Resources Department, authority to take animals extended to include animals posing human health risk; provision that relates to disposal of certain deer deleted

55

50-011-1145, Predatory animals, traps that may be used for release or destruction of certain animals provided

8

50-011-1765, Coyotes, exception made for possessing, selling or importing

8

50-011-2460, Traps, provisions for when certain body gripping and foot-hold traps may be used

8

50-011-2480, Coyotes, person who owns hunting enclosure and is permitted by DNR to purchase live, provisions for to purchase without a permit is not required to possess a fur dealer, buyer or processor's license

8

50-011-2570, Furbearing or other destructive game animals; restrictions on permits for taking and reporting requirements pertaining to further provided for

14

50-013-0210, Trout, no more than five may be taken from certain area of the Saluda River

34

50-013-0280, Game fish, limits on possession of; provisions do not apply to aquaculture produced fish

36

50-013-1130, Commercial freshwater fishing licenses, references to catfish deleted; person taking freshwater nongame fish from public waters must have a license to take; exceptions

36

50-013-1610, Game fish, unlawful sale and traffic of; exceptions provided

36

50-013-1630, Snakehead fish and eggs of certain fish; possession, sale or importation of prohibited

5

50-021-0114, Watercraft, operation while under the influence of alcohol; references to legal limit changed to eight one-hundredths of one percent

37

50-025-1330, Spartanburg County; Lake Blalock, watercraft horsepower limits increased; provisions

83

Title 56

56-001-0010, Motor vehicles, "department" redefined to mean Department of Motor Vehicles

27

56-001-0140, Driver's license, issuance of that is valid for ten years

27

56-001-0210, Driver's license, circumstances when valid for five or ten years; provisions for when applicant's vision test may be waived; license may be renewed electronically; provisions

27

56-001-0220, Driver's license, renewal of; circumstances when eye examination or screening is required revised

27

56-001-0286, DUI, references to legal blood alcohol limit changed to eight one-hundredths on one percent

37

56-002-2740, Public Safety Department's; duties relating to Motor vehicles transferred to the Department of Motor Vehicles

27

56-003-0115, Golf carts, permits allow the owner or his agents to operate

44

56-003-2210, Antique motor vehicle, age that vehicle may be designated as revised

31

56-003-7300, Saltwater Fishing special license plates; Artificial Reef special plates changed to

24

56-005-2770, School buses, provisions related to when a driver of a vehicle must or need not to stop revised; routes must be designed to ensure students don't have to cross four or multi-lane highway

41

56-005-2780, School buses, stopped; unlawfully passing; penalties for; technical changes

41

56-005-2933, DUI, unlawful to operate motor vehicle with blood alcohol content of eight one-hundredths of one percent or greater

37

56-005-2934, DUI, provision requiring person charged to complete hearing request form deleted

37

56-005-2940, DUI, second offense; monetary penalty for offenses; portion of proceeds to be used for the Public Safety Department and SLED

37

56-005-2945, DUI resulting in death or great bodily injury, fines increased; portion of to go to Public Safety Department for certain purposes

37

56-005-2950, DUI, persons implied consent to chemical tests; references to blood alcohol level changed to eight one-hundredths of one percent

37

56-005-2951, DUI, refusal to submit breath test; provision related to suspension of driver's license and enrolling in alcohol and drug safety program

37

56-005-2952, Public Safety Department, administrative hearings; fees increased to one hundred dollars

37

56-005-4700, Police vehicles, audible type of signal devices and lamps that must serve as equipment on revised

42

56-005-4830, Motor vehicles, certain may no display a blue light

42

56-005-5630, Abandoned vehicle taken into custody; vehicle defined; storage facility to notify last owner of that vehicles has been taken into custody

53,P0084

56-005-5640, Motor vehicles; abandoned; proprietor, owner or operator of storage facility may sell

53,P0084

56-007-0010, Livestock and poultry violations; law enforcement officers to use the uniform traffic tickets for

32

56-007-0015, Criminal domestic violence, officer who makes arrest by using a uniform traffic ticket for must complete and file incident report with in fifteen days

79

56-009-0020, Motor Vehicle Financial Responsibility Act; minimum limits for property damage increased from five to ten thousand dollars

55

56-019-0420, Motor vehicle titles, fees charged for issuing increased; portion must be used to offset certain operational expenses

27

56-019-0480, Motor vehicle insurance, total loss claim; company that obtains title from settling may obtain title to vehicle designated as "salvage"

31

56-019-0485, Motor vehicles, wrecked or salvage; provision does not apply to motor vehicle that has certain fair market value or is an antique

31

56-025-0020, Litter violations, certain; failure to comply with may result in suspension of driver's license

84

Title 56, Chap. 03, Art. 62, Saltwater Fishing special license plates; Artificial Reef special license plates changed to

24

Title 58

58-009-0010, Telephone companies, broadband services; definitions provided

1

58-009-0280, Telephone company, certificate of public convenience and necessity; broadband service exempt from Public Service Commission

1

58-009-2200, Assessment and appraisal of certain personal property of business and industry; determination as classified in North American Classification System manual and references changed

44

Title 59

59-001-0420, School term, statutory; provisions for making up days missed due to inclement weather or other disruptions

76

59-001-0430, School make up days missed during inclement weather or other disruptions; procedures and requirements for provided

76

59-018-0360, Accountability Act, academic areas to be reviewed and updated every seven years rather than every four years

76

59-019-0090, Board of Trustees, local; required to establish annual school calendar including start and end date and make-up days

76

59-019-0090, Matriculation and incidental fees, certain students exempt from

7

59-020-0040, Homebound programs, pupils who reside in emergency shelters in weightings for included in determining annual allocations to each school districts

79

59-025-0055, Center for Teacher Recruitment; name changed to Center for Education Recruitment, Retention and Advancement (CERRA)

5

59-063-0031, School district; child who resides in an emergency shelter authorized to attend district where shelter is located

79

Title 61

61-002-0080, Beer and wine; Revenue Department occupies entire field of regulation of except in hours of operation more restrictive

19

61-002-0175, Special food manufacturer's license, alcoholic beverages may be shipped directly to resident who holds

19

61-004-0120, Beer and wine, may be sold at all hours except those prohibited by state law

50

61-004-0510, Beer and wine permits, fees and expiration and dates revised

50

61-004-0520, Beer and wine permits, sign requirements in regards to notices revised

50

61-004-1510, Brewery or winery permits, fees and expiration and dates revised

50

61-006-0180, Alcoholic liquor and beverage licenses, certain; notice applications, sign requirements in regard to notice

50

61-006-0500, Beer and wine and alcoholic liquor, publicly owned auditoriums, coliseums, and armories; authorities in charge of authorized to allow the consumption of under certain conditions

50

61-006-1500, Alcoholic liquors, dealers authorized to sell in containers of one hundred milliliters

19

61-006-1510, Beer, wine and alcoholic liquor; sign requirements revised; certain advertising to minors prohibited

50

61-006-1600, Nonprofit organizations with minibottle licenses; employee or agent of prohibited from selling, making available for sale and permitting the consumption of alcoholic liquors between 2 a.m. and 10 a.m. the next morning

50

61-006-1610, Minibottle licenses for food service establishments or places of lodging; areas where license applies revised; selling or consumption of liquor between 2 a.m. to 10 a.m.; Sunday provisions

50

61-006-1820, Minibottle license, notices; sign requirements revised

50

61-006-2900, Special food manufacturer's license, imported alcoholic beverages may be shipped to warehouse of person holding

19

61-006-4010, Alcoholic liquor, unlawful manufacture or possession of; offenses further provided

50

61-006-4050, Special food manufacturer's license, alcoholic liquors may be purchased from

19

61-006-4170, Alcoholic liquor, advertising on billboards; unlawful for a person to advertise intending to encourage persons under 21 to drink

50

Title 62

62-007-0403, Trust or estate, allocation of receipts and disbursements between principal and income for purposes of; technical change made

26

CODE SECTIONS OF 1976 REPEALED

Title 01

01-001-0730, U.S. Census of 1990; Senate election districts which members were formally elected

33

Title 02

02-001-0025, House of Representatives, election districts formally elected from

33

02-001-0065, Senate election districts formally elected from

33

Title 06

06-004-0030, Accommodations tax, Revenue Department's duties in connection with

44

Title 12

12-010-0035, Corporate income tax, state; moratorium on

44

12-021-1040, Domestic wines, taxes on

50

Title 23

23-006-0035, Public Safety Department, authority to charge and collect for providing certain motor vehicle records

27

23-006-0300, 23-006-0305, Motor Vehicle Division, duties and functions of

27

Title 23, Chap. 06, Art. 07, Motor Vehicle Division, duties and functions of

27

Title 44

44-055-1320, 44-055-1330, Passive soil-based on-site disposal systems (see 44-055-1350 of the Act)

26

Title 50

50-011-0130, Firearms, penalties for hunting in Game Zone No. 9 during specific times

14

50-011-1760, Coyote, bringing into the state is unlawful

8

50-011-1770, Foxes, live; sale or shipment of into state being unlawful

8

50-011-2410, Traps, certain; prohibition of

8

50-011-2415, Traps, certain rubber padded steel foot-hold traps to capture foxes

8

50-013-0510, Pond owner permits, certain

36

50-013-1620, Freshwater trout, penalties for unlawfully selling

36

50-013-1640, Private ponds, drawing of and disposing of fish

36

50-013-1650, Game fish, unlawful transportation out-of-state

36

50-013-1680 through 50-013-1740, Trout; provisions related to

36

50-013-1750, Game fish, breeder's license

36

50-018-0010 through 50-018-0200, Hybrid stripped bass

36

Title 50, Chap. 18, Art. 01, Hybrid stripped bass

36

Title 52

52-007-0010 through 52-007-0150, State Athletic Commission; provisions related to

12

52-007-0310, County Athletic Commission; provisions related to

12

Title 52, Chap. 07, State and County Athletic Commission; provisions related to

12

Title 56

56-005-2522, Motor vehicle or other objects; procedures authorizing the vehicle or object may be towed

53,P0084

Title 59

59-005-0071, School, public; uniform starting date

76

59-023-0010 through 59-023-0190, School building codes and inspections

74

Title 59, Chap. 23, Art. 1, School building codes and inspections

74

COLLEGES AND UNIVERSITIES

Higher Education Commission

Higher Education Excellence Enhancement Program; Commission required to enter into contracts with private historically black colleges and universities to help disadvantaged students

10

Higher Education Excellence Enhancement Program; Higher Education Commission required to enter into contracts with private historically black colleges and universities to help disadvantaged students

10

Students

Retirement system, graduate and work-study students included in definition of employee

83

COLLETON COUNTY

Game Zone

No. 11, Raccoon and opossum, hunting season changed for

8

COMMERCE DEPARTMENT

Coordinating Council for Economic Development

Funds, public nature of including accountability, disclosure, reporting, and procurement requirements restated

73

Incentive offers to attract business/industry investment no longer exempt from disclosure once offer is final and public; marine terminal service and non-tariff agreements are trade secrets

73

Public monies, defined as monies used by the department in carrying out specific purposes; specific reporting requirements provided

73

COMMISSIONS, COMMITTEES OR BOARDS

Created

Local Government Planning or Zoning Officials and Employees; Advisory Committee on Educational Courses and Continuing Education Programs

16

Maritime Security Commission

77

Minority Affairs Commission, two statewide appointees added to; provisions to include references to all within the minority community

72

Tourism Expenditure Review Committee, membership increased; one to come from the Arts Commission and one at-large

16

CONSERVATION

Litter

Litter gathering labor as a sentence is mandatory; monetary penalty or probation may be granted in lieu of, provisions

84

Littering violations, certain; failure to comply with may result in suspension of driver's license

84

Litter Control Enforcement Program, contribution to provided on individual income tax returns

68,P0044

CONSTITUTION OF SOUTH CAROLINA

Amendments Ratified

Art. X, Sec. 11, Political subdivisions, separate pension plan for firefighters offered by, investment of funds provided for

81

CONSTRUCTION

Building and structures, definitions of "work of making the real estate suitable as a site for a building or structure"; disposal of certain construction and demolition of debris

27

Construction and demolition debris disposal services; person providing certain is a laborer; definitions provided

27

Defects, provisions for a homeowner to claim suit for

69

Notice and Opportunity To Cure Construction Dwelling Defects Act

69

School building codes; provisions for construction, improvement or renovation of

74

CONSUMER AFFAIRS

Commercial Code

Records, indexing and filing of; fee assessment recalculated

11

Consumer Protection Code

Credit transactions, circumstances when court may find a transaction unconscionable

21

Predatory Lending Bill; High-Cost and Consumer Home Loan Act

21

Secured loan, short term vehicle defined; definitions for purposes of Consumer Protection Code

21

Department

High-Cost and Consumer Home Loans Act; to prohibit provisions in high-cost home loans; department to enforce provisions within

21

Unfair trade practices

Predatory lending bill; High-Cost and Consumer Home Loan Act

21

CORONERS

Autopsy; additional circumstances in which photographs, videos, and audio recordings of may be viewed and subject to the Freedom of Information Act

14

CORRECTIONS, DEPARTMENT OF

Local correction facility includes local detention facility for purposes of detainees throwing body fluids on officers

6

COURTS

Adminstrative Law Judges

Duties, functions, and responsibilities of judges and the Revenue Department hearing officers revised

44

Mediation; authorized to use in manner that does not conflict with law

16

Circuit

Zoning, property owner may file notice of appeal to circuit court accompanied by a request for pre-litigation mediation

16

Civil action cases, court or official of prohibited from appointing attorney

7

Family

Parental rights, court to find compelling reasons for not initiating termination of under certain circumstances, provisions

23

Judges

Civil action cases, judge prohibited from appointing attorney

7

National Guard or reserves, judges required to grant a continuance in a court case when a party or his attorney is on active duty as a member of

6

Pretrial intervention program

Criminal domestic violence, person convicted of may not be considered for

79

CRIMES AND OFFENSES

Alcohol related offenses, person who is charged with; compulsory hearing program, provision requiring a defendant complete a hearing request form deleted

37

Criminal cases; attorneys may charge a nonrefundable flat fee for

11

Criminal domestic violence

Criminal domestic violence of a high and aggravated nature included as a violent crime, elements of offense clarified; charge is a felony

79

First offense, expungement of records authorized for

79

Household member redefined; authorize suspension of sentence except in mandatory sentences, provisions for law enforcement agencies

79

Pretrial intervention program, person charged with may not be considered for

79

Felony

Criminal domestic violence of high and aggravated nature is a felony

79

Youthful offender; definition includes person under seventeen who commits nonviolent crime that is a Class D felony

11

Littering, litter gather labor as a sentence for violation is mandatory; monetary penalty and probation may be granted in lieu of; provisions

84

Sex crimes

Christian science practitioner required to report unless protected by penitent privilege

81

Clergy, member of required to report unless protected by penitent privilege

81

Religious healers, member of required to report unless protected by penitent privilege

81

Violent Crime

Criminal domestic violence of a high and aggravated nature is a violent crime

79

DARLINGTON COUNTY

Game Zone

No. 8, Raccoon and opossum, hunting season for changed

8

DENTISTS AND DENTISTRY

Dental hygienist, certain functions and procedures that may not be delegated to specified; definitions provided

24

Dental hygienist, provisions pertaining to services in a public health setting; revised provided

24

DILLON COUNTY

Game Zone

No. 7, Raccoon and opossum, hunting season for changed

8

DISABILITIES AND SPECIAL NEEDS DEPARTMENT

Real property, ownership by department confirmed; Budget and Control Board directed to deed property; department allowed to retain proceeds

13

DISCRIMINATION

Minority Affairs Commission, Hispanics, Native Americans, African-Americans and Asians, etc. included in; certain powers and duties provided

72

Minority population; Hispanics, African-Americans, and Asians included in references to minority population; certain powers and duties for Minority Affairs Commission provided

72

DOMESTIC RELATIONS

Dependent of person killed in the line of duty, conditions provided to receive state health coverage

68

Domestic violence

Community Domestic Violence Coordinating Councils; Social Service Department to develop in each county or multi-county area based upon public private sector collaboration; provisions

79

Criminal domestic violence of high and aggravated nature is a felony and violent crime

79

Criminal domestic violence, first offense; expungement of records authorized for

79

Criminal domestic violence, household member redefined; authorize suspension of sentence except in mandatory sentences, provisions for law enforcement

79

Criminal domestic violence, officer who makes arrest for must complete and file incident report within fifteen days

79

Domestic abuse, protection from; definition of household member to include minors

79

Education Department with Social Services Department to develop materials for domestic violence continuing education that school districts must provide to teachers and staff

79

Pretrial intervention program, person charged with may not be considered for

79

Family Privacy Practice Act; addresses filed with Revenue Department as business address that is also a personal address is not personal information

44

Parental rights, court to find compelling reasons for not initiating termination of under certain circumstances; provisions

23

DORCHESTER COUNTY

Game Zone

No. 6, Raccoon and opossum, hunting season for changed

8

EDGEFIELD COUNTY

Game Zone

No. 2, Raccoon and opossum, hunting season for changed

8

EDUCATION

Accountability Act

Academic areas to be reviewed every seven years rather than every four years

76

Center for Teacher Recruitment; name changed to Center for Education Recruitment, Retention and Advancement (CERRA)

5

Crime reports, department to comply provisions of with the federal "No Child Left Behind Act of 2001"

76

Department

Crime report, department to comply with provisions with the "No Child Left Behind Act of 2001"

76

Regulations approved

Basic Skills Assessment Program-Kindergarten Objectives (D. No. 2746)

0

Finance Act

Federal funds from Jobs and Growth Reconciliation Act of 2003; use of for Medicaid provided

44

Higher Education Excellence Enhancement Program; Higher Education Commission required to enter into contracts with private historically black colleges and universities to help disadvantaged students

10

Superintendent of

School buildings; provisions for construction, improvement, or renovation of; provisions for the Superintendent

74

ELECTIONS

Ballot measure committee, filing statements and organization; campaign finance reform

59

Campaign finance reform bill

59

Campaign reports no longer sent to Election Commission

59

Campaign reports, certified; format of, exception provided

59

Campaigns, unlawful contributions and expenditures; ballot measure committee included; provisions

59

Candidates

Ballot measure committee, reference to included in maintenance records of contribution by a candidate

59

Campaign reports, ethics commission to determine violations of

59

Statement, failure to file; five hundred dollar maximum fine deleted

59

Violations, certain related to elections are misdemeanors

59

Ethics, government accountability; election; definition of deleted

59

Not-for-profit corporations and committees authorized to solicit contributions from the public

59

Primaries, political party

Campaign contributions; political parties prevented from receiving through its party committees or legislative caucus committees that certain amounts

59

Campaign finace reform

59

Parties, prohibited from receiving contributions through party committee or legislative caucus committee; provisions

59

Reapportionment plan, Senate and the House of Representatives election districts established; 2000 U.S. Census adopted

33

Statement, failure to file; five hundred dollar maximum fine deleted

59

Union County Board of Trustees, election districts reapportioned

0

Violations, certain related to elections are misdemeanors

59

Voter registration boards and county election commissions

Spartanburg county; election commission to determine polling places with approval by the legislative delegation

43

Voting precincts

Horry County; certain voting precincts revised

43

Lexington County; certain voting precincts renamed

20

Oconee County; certain voting precincts renamed

59

Spartanburg County; certain voting precincts revised and renamed; polling places must be determined by the county election commission with approval by legislative delegation

43

Union County; voting precincts renamed and revised

25

ELECTRONIC

Elections, electronic filing for candidacy; Ethics Commission to establish a system of, provisions

59

EMPLOYERS AND EMPLOYEES

Employer tax credit, application of maximum aggregate credit for employees in distressed counties exempt from

44

ETHICS

Campaign practices

Ballot measure committee, conditions for contributions to be made to established; Ethics Commission has power to seize and distribute

59

Campaign contributions, political parties prevented from receiving through its party committees or legislative caucus committees that total certain amounts

59

Campaign finance reform

59

Campaign reports, commission instead of election commission to determine errors

59

Commission, campaign reports; Ethics Commission to determine violations

59

Commission, to establish a system of electronic filing; provisions

59

FAIRFIELD COUNTY

Game Zone

No. 4, Raccoon and opossum, hunting season for changed

8

FEDERAL GOVERNMENT

Agriculture Forest Services law enforcement officers and special agents, U.S.; definition of law enforcement officer includes

15

Funds from the Jobs and Growth Reconciliation Act of 2003; use of provided

44

Homeland security bill; SLED jurisdiction and authority includes establishing and operating counter terrorism related units, coordinating grants with homeland security and serve as representative to U.S. Homeland Security

77

Interior Fish and Wildlife special agents; definition of federal law enforcement officer includes

15

Marine Fisheries special agents; definition of federal law enforcement officer includes

15

FIRE

Firefighters

Pension plans offered by local governments, investment of funds provided for; constitutional amendment ratified

81

FISH AND GAME

Animals; Natural Resources Department's authority to take extended to animals posing human health risks; provision that relates to disposal of certain deer deleted

55

Aquaculture Enabling Act

36

Beavers, no closed season for hunting on private lands

14

Belle W. Baruch Foundation; unlawful for person to trap, hunt, molest, etc. any game or trespass on; exceptions

32

Blue crab traps for commercial purposes, unlawful setting of; provisions clarified; prohibition of expanded

36

Clarendon County, unlawful to hunt migratory waterfowl on Dean Swamp; penalties for violating

34

Commercial fishing lakes and pay to fish businesses; exempt from purchasing individual license if business has valid aquaculture permit or registration

36

Coyote, night hunting permitted for; lawful to bring into state

8

Coyote; unlawful to sell, transfer, possess, or release a live coyote, coyote-hybrid or fox in the state; exceptions

8

Coyotes, exception provided for bringing into state, possessing, selling or importing

8

Coyotes, person who owns hunting enclosure permit and is permitted by DNR to purchase live is not required to possess a fur dealer, buyer or processor's license

8

Deer

Disposal of; provisions that relates to certain deer deleted

55

Sunday hunting permitted on private land

13

Foxes, live; sale or shipment of into state being unlawful, provisions repealed

8

Foxes, unlawful to take during period when they may be hunted without weapons

8

Furbearing or other game animals; restrictions on permits for taking and reporting requirements pertaining to further provided for

14

Game fish, limits on possession of; provisions do not apply to aquaculture produced fish

36

Game fish, unlawful transportation out-of-state; provisions repealed

36

Game zones

No. 9, Firearms, penalties for hunting with during specific times; provisions repealed

14

Nos. 1-11, Raccoon and opossum, hunting season for changed

8

Hunting from a public road or railroad right-away; definition of "hunting" revised

27

Hybrid stripped bass, provisions repealed

36

Interior Fish and Wildlife special agents, U.S.; definition of federal law enforcement officer includes

15

Licenses

Commercial freshwater fishing, reference to catfish deleted; person taking nongame fish from public waters must have license, provisions

36

Licenses, permit, stamp or tag; unlawful to purchase, acquire or possess while privileges suspended; penalties provided

2

Migratory bird and waterfowl, hunting of; provisions revised and penalties provided for violating

3

Opossum, hunting season in all games zones changed

8

Opossum, unlawful to take during period when they may be hunted without weapons

8

Orangeburg County, unlawful to hunt migratory waterfowl on certain waters of Lake Marion; penalties for violating

34

Pond owner permits, certain; provisions repealed

36

Predatory animals, traps that may be used for release or destruction of certain animals provided

8

Private ponds, drawing of and disposing of fish; provisions repealed

36

Raccoons, hunting season in all game zones changed; unlawful to take during period which they may be hunted without weapons

8

Sharks, limits on taking certain; technical changes made

1

Snakehead fish and eggs of certain fish; unlawful to possess, sale or import into the state

5

Traps, certain; provisions repealed prohibiting the use of certain traps

8

Traps, provisions for when certain body gripping or foot-hold traps may be used

8

Trout, certain provisions related to repealed

36

Trout, no more than five may be taken from certain area of Saluda River

34

Waterfowl, hunting of; provisions revised and penalties provided for violating

3

Waterfowl, migratory; unlawful to hunt on Dean Swamp in Clarendon County and certain waters of Lake Marion in Orangeburg County; penalties for violating

34

FLORENCE COUNTY

Game Zone

No. 10, Raccoon and opossum, hunting season for changed

8

FREEDOM OF INFORMATION

Autopsy; circumstances when photographs, videos, visual images and audio recordings of may be viewed

14

Commerce Department, public monies defined as monies used by in carrying out certain purposes; specific reporting requirements provided

73

Governor's cabinet meetings are subject to disclosure only when the cabinet is granted certain powers by executive order

73

Public body, public meeting

Public body attracting business to the state; fiscal impact must be disclosed when offer is accepted and made public or finalized; marine terminal service and non-tariff agreements are trade secrets

73

Public body, definition to include a legislative caucus or group made up of a majority of certain public employees

73

FUEL

Gasoline

Liquid petroleum dealer must have access to facilities with minimum 30,000 gallons of water within close proximity; provisions

5

Tax, "user fee" substituted for "tax" and "motor fuel subject to the user fee" for "taxable motor fuel"

44

GAS

Joint Agency Act; provisions relating to special purpose districts that provide gas

2

Liquid petroleum gas dealer must have access to facilities with minimum capacity of 30,000 gallons of water within a close proximity; provisions

5

Motor fuels, "user fee" substituted for "tax" and "motor fuel subject to the user fee" for "taxable motor fuel"

44

GENERAL ASSEMBLY

Appropriations

Appropriation Bill, 2003-2004

78

Caucus committees included in definition of committee

59

County legislative delegations

Spartanburg County; polling places to be determined by the county election commission with approval by the legislative delegation

43

Ethics Committees, caucus committees included in definition of committee

59

House of Representatives

Election districts, former; provisions repealed; new districts established

33

Reapportionment bill; Speaker of House authorized to submit reapportionment plan to the U.S. Justice Department; provisions

33

Legislative caucus, one for each political, racial, ethnic or gender-based affinity by a committee or either house of the General Assembly established; prohibition deleted

59

Legislative caucus, public body; definition expanded to include caucus or group made up of a majority of certain public employees for purposes of Freedom of Information Act

73

Members

Transportation Infrastructure Bank, former members allowed to serve on

59

Reapportionment bill; House and Senate election districts established

33

Reapportionment; President Pro-tempore of the Senate and Speaker of the House authorized to make required submission of plan to the U.S. Justice Department; provisions

33

Senate

Election districts, former; provisions repealed; new districts established

33

Reapportionment bill; President Pro-tempore of the Senate authorized to make required submission of plan to the U.S. Justice Department; provisions

33

GEORGETOWN COUNTY

County lines altered by annexing certain portion of; provisions for legal records

15

Game Zone

No. 9, Firearms, penalties for hunting with during specific times; provisions repealed

14

No. 9, Raccoon and opossum, hunting season for changed

8

GOVERNOR

Cabinet meetings are subject to Freedom of Information only when the cabinet is granted certain powers by executive order

73

Tourism Expenditure Review Committee, membership increased; at-large member to be appointed by the Governor

16

GREENVILLE COUNTY

Game Zones

Nos. 1 and 2, Raccoons and opossums, hunting season for changed

8

Voting precincts, certain revised and renamed

59

GREENWOOD COUNTY

Game Zone

No. 2, Raccoon and opossum, hunting season for changed

8

HAMPTON COUNTY

Game Zone

No. 11, Raccoon and opossum, hunting season changed for

8

HANDICAPPED

Guide dogs, protection of provided; Layla's Law

16

HEALTH AND ENVIRONMENTAL CONTROL

Department

Brownsfield Voluntary Cleanup Program

Fee in lieu of taxes, reduced investment counties; amounts expended as responsible pursuant to the program included toward minimum investment threshold

44

Certificate of Need for health facilities; private practitioner must obtain before constructing or establishing a new facility or acquiring medical equipment

11

Passive soil-based on-site disposal systems; Department to promulgate regulations for

26

Vital statistics, penalty for violating certain provisions related to; technical changes made

42

HEALTH AND HUMAN SERVICES DEPARTMENT

Medicaid

Federal funds from Jobs and Growth Reconciliation Act of 2003; use of provided

44

Retirees and Individual Pooling Together for Savings Act (SCRIPTS); program to establish reduced cost on prescription drugs to non-medicaid seniors; provisions for the department

35

HORRY COUNTY

County lines altered by annexing portion of; provisions for legal records

15

Game Zone

No. 7, Raccoon and opossum, hunting season for changed

8

Voting precincts; certain revised

43

HOTELS AND MOTELS

INDIGENT DEFENSE, COMMISSION ON

Appellate Defense Commission; Indigent Defense Commission authorized to transfer funds to, provisions

7

INSURANCE

Agents, brokers

Broker, nonresident; requirement to furnish ten thousand dollar surety bond deleted

55

Internal code citation corrected

55

License and continuing education provisions

55

Resident surplus lines issuance brokers; two year waiting period for deleted

55

Captive insurance companies authorized to form as limited liability companies, license fee increased; premium taxes limited, provisions

55

Commercial policies, exempt; definition changed

55

Department

Dividends and distributions; number of days before payment the report must be given increased

55

Domestic insurer, distribution to the shareholder of; department's review of clarified

55

Producers; provisions that require the director to approve the appointment of before they take risk or transact business removed

55

Temporary license, provisions authorizing the director to waive examination and issue deleted

55

Domestic insurer, distribution of the shareholder of; Insurance Department's review of this type of distribution clarified

55

License, limited line or special producer's; requirement that applicant be appointed by an official or authorized representative before can act as a producer deleted

55

Medical and dental

Health insurance pool, "qualified TAA eligible individual" defined; pre-existing condition waived for a qualified TAA eligible individual

55

Health plans, employer self-insured; internal code citation corrected

55

Patients Compensation Fund, amount fund pays in excess of each incident or aggregate increased

55

State plan

Dependent of person killed in the line of duty; conditions provided to receive state health coverage

68

Military risks, assessment of; exception provided for principally garaged in the state to be assigned plan

55

Motor vehicle

Financial Responsibility Act; minimum limits for property damage increased from five to ten thousand dollars

55

Salvage, title to vehicle designated as; company that obtains title to vehicle from settling a total loss claim may obtain; provisions do not apply to certain vehicles

31

Premium tax, basis which taxes are assessed on premiums from written rather than collected

55

JASPER COUNTY

Game Zone

No. 11, Raccoon and opossum, hunting season for changed

8

JURIES AND JURORS

Grand Jury, State

Jurisdiction revised to include violations of the Uniform Securities Act or crimes related to securities laws

67

JUVENILE JUSTICE DEPARTMENT

Youthful offenders

Definition; term includes person under seventeen who commits nonviolent crime that is a Class D felony

11

KERSHAW COUNTY

Game Zone

No. 5, Raccoon and opossum, hunting season for changed

8

LABOR, LICENSING, AND REGULATION DEPARTMENT

Athletic Commission, State; under administration of LLR, licensure and regulation of various athletes and events provided

12

LANCASTER COUNTY

Game Zone

No. 4, Raccoon and opossum, hunting season for changed

8

LAURENS COUNTY

Game Zone

No. 2, Raccoon and opossum, hunting season for changed

8

LAW ENFORCEMENT

Assistance program; contribution to provided on individual income tax returns

68

Criminal Justice Academy Division; person employed by the Savannah River Site Law Enforcement Department may attend

77

Criminal domestic violence, officer who arrest person with a uniform traffic ticket for required to complete and file incident report with in fifteen days

79

Criminal domestic violence; provisions for law enforcement agencies

79

Homeland security bill; SLED jurisdiction and authority includes establishing and operating counter terrorism related units, coordinating grants with homeland security and serve as representative to U.S. Homeland Security

77

Motor vehicles, procedures allowing proprietor, owner, or operator of storage facility instead of law enforcement to tow; disposal of provided

53

Officers

Agriculture Forest Service law enforcement officers and special agents, U.S.; definition of federal law enforcement officer to include

15

Criminal domestic violence; officer who arrest a person with a uniform traffic ticket for must complete and file incident report within fifteen days

79

Interior Fish and Wildlife special agents, U.S.; included in the definition of federal law enforcement officer

15

Livestock-poultry, health commission and law enforcement officers authorized to use uniform traffic ticket for violations

32

Local correction facility includes local detention facility for purposes on detainees throwing body fluids on officers

6

Marine Fisheries special agent, U.S.; definition of federal law enforcement officer includes

15

Motor vehicle towed by officer must be stored and disposed of

84

Peace officer hired by the Mental Health Department after January 1, 2000 included in definition of police officer for purposes of the Police Officer Retirement System

3

Savannah river site law enforcement department; person employed by may attend and be trained at Criminal Justice Academy Division of Public Safety

77

Police vehicles, audible type of signal devices and lamps that must serve as equipment on revised

42

State Law Enforcement Division

DUI, second offense; monetary penalty; portion of proceeds to be used for the division

37

Jurisdiction and authority includes establishing counter terrorism related units, coordinating grants with homeland security and serve as representative to U.S. Homeland Security

77

Maritime protection, SLED authorized to promulgate regulations necessary for homeland security matters

77

LEE COUNTY

Game Zone

No. 8, Raccoon and opossum, hunting season for changed

8

LEXINGTON COUNTY

Game Zone

No. 3, Raccoon and opossum, hunting season for changed

8

Trout, no more than five may be taken from certain area of Saluda River

34

Voting precincts, certain renamed

20

LOBBYISTS AND LOBBYING

Expenditure reports, time for filing changed

59

Legislative caucus, definition of public body to include caucus or group made up of a m majority of certain public employees

73

Legislative caucus, establishment of one for each political, racial, ethnic or gender-based affinity by a committee or either house of the General Assembly; prohibition deleted

59

Lobbyist principals prohibited acts of public officials and employees; cabinet officers excluded

59

Lobbyist, registration fee changed; when a statement of termination is effective provided

59

MARION COUNTY

Game Zone

No. 10, Raccoon and opossum, hunting season for changed

8

MARLBORO COUNTY

Game Zone

No. 5, Raccoon and opossum, hunting season for changed

8

MCCORMICK COUNTY

Game Zone

No. 2, Raccoon and opossum, hunting season for changed

8

MEDICAL

Autopsy; additional circumstances in which photographs, videos, and audio recordings of may be viewed and subject to the Freedom of Information Act

14

Certificate of Need for health facilities; private practitioner must obtain from DHEC before constructing or establishing a new health care facility or acquiring certain medical equipment

11

Dental hygienist, certain functions that may be performed under general supervision specified; provisions pertaining to services provided in a public health setting revised

24

Respiratory syncytial virus (RSV), prescription medicines used in treatment of exempt from sales tax

44

MENTAL HEALTH

Department

Peace officer hired by department after January 1, 2000, definition of police officer includes for purposes of the Police Officers Retirement System

3

MINORS

Abused, neglected

Clergy, members of; christian science practitioner and religious healer required to report unless protected by priest penitent privilege

81

Foster care, Social Services Department to show compelling reasons for permanency plan that does not reunite child with parents and does not terminate parental rights; provisions

23

Foster care, license applications; provisions allowing Social Services Department to issue temporary licenses pending investigation deleted

23

Juveniles

Youthful offenders

Definition; term includes person under seventeen who commits nonviolent crime that is Class D felony

11

Parental rights, court to find compelling reasons for not initiating termination of under certain circumstances, provisions

23

MOBILE HOMES

Manufactured homes, purchaser and borrower-occupied; loans and credit sales for; certain disclosures required

21

Manufactured homes, uniform procedures for retiring title certificates to certain homes affixed to real property; provisions for homes to pay mortgages

75

MOTOR VEHICLES

Abandoned vehicle taken into custody; vehicle defined, storage facility to notify last owner of that vehicle has been taken into custody

53

Abandoned; proprietor, owner or operator of storage facility may sell vehicle

53,P0084

Antique motor vehicle, age that vehicle may be designated as revised

31

Blue light, certain motor vehicles may not display

42

Department of

Established

27

Department of Motor Vehicles Reform Act of 2003

27

Department, establishment of; may enter into contracts with certain persons and entities to issue portions of drivers' license examination

27

Drivers' licenses

Examination for, road and written; certain circumstances when person may have license renewed without taking

27

Expiration date extended to every ten years instead of five for persons under sixty-five

27

Renewal, fees for five and ten years provided; person under age of sixty-five license is valid for ten years

27

Suspension, DUI, and DUS

Alcohol related offenses, person who is charged with; compulsory hearing program, provision requiring a hearing request form deleted

37

DUI, causing great bodily injury or death; fines increased; portion of fines must be set aside for Highway Patrol

37

DUI, references to illegal blood alcohol level changed to eight one-hundredths of one percent or greater

37

DUI, second offense; monetary penalty; portion of proceeds to be used for the Public Safety Department and SLED

37

DUI, second or subsequent violation; court to immobilize vehicle

37

DUI, watercraft; references to legal blood alcohol limit changed to eight one-hundredths of one percent

37

Litter violations, certain; failure to comply with may result in suspension of driver's license

84

Golf cart, permit allows the owner, or his agents to operate

44

Leased

Armed forces, member of; property tax exemption provided for who leases private passenger vehicle

44

License plates

Artificial Reef special license plates renamed Saltwater Fishing special plates

24

Department of Motor Vehicles or entity authorized by to issue instead of Public Safety Department, provisions for receiving registration and decals

27

Elks Association special license plates

27

Saltwater Fishing special license plates

24

Lien on an article repaired or stored; storage costs may be charged that have accrued before notification to the owner or lienholder where vehicle is located

53

Nonfranchise automobile dealer license, applicants for to complete pre-licensing education courses

84

Parking

Commercial property owner must post notice on borders if parking is to be illegal; certain towing costs are there responsibility of the owner, lienholder of their agent

84

Police vehicles, audible type of signal devices and lamps that must serve as equipment on revised

42

Registration and titling

Titles, fees charged for issuing increased; portion must be used to offset certain operational expenses

27

Repair and storage liens, certain storage costs may be charged and recovered

84

Salvage, title of vehicle designated as; insurance company that obtains title to a vehicle from settling a total loss claim may obtain; provisions do no apply to certain vehicles

31

Selective Service, certain persons must be registered for when applying to Motor Vehicles Department for certain services

27

Towing of vehicle by law enforcement must be stored andd disposed of

84

Towing of vehicle; provisions proprietor, owner, or operator of storage facility to tow instead of law enforcement officer to tow

53

Towing, lien on for towing and storage and the sale of vehicle under certain conditions, provisions deleted

53

NATIVE AMERICANS

Minority Affairs Commission; Native Americans, provisions to include recognition for; interest in land not included

72

NATURAL RESOURCES DEPARTMENT

Animals posing human health risk, department authorized to take; provision that relates to disposal of certain deer deleted

55

Aquaculture Enabling Act

36

Disease, department may implement measures to prevent spread of; provision that relates to disposal of certain deer deleted

55

Lake Blalock, watercraft horsepower limits increased; maximum length of watercraft increased; provisions for operating watercraft

83

Licenses, permit, stamp or tag; unlawful to purchase, acquire, or possess while privileges are suspended, penalties provided

2

NEWBERRY COUNTY

Game Zone

No. 2, Raccoon and opossum, hunting season for changed

8

OCONEE COUNTY

Game Zones

Nos. 1 and 2, Raccoons and opossums, hunting season for changed

8

Voting precincts; certain renamed

59

ORANGEBURG COUNTY

Game Zone

No. 6, Raccoon and opossum, hunting season for changed

8

Waterfowl, migratory; unlawful to hunt on certain waters of Lake Marion; penalties for violating

34

PARKS, RECREATION AND TOURISM

Accommodations, hospitality taxes

Revenue Department's duties in connection with, penalties repealed

44

Tourism Expenditure Review Committee, membership increased from nine to eleven; one from the Arts Commission and one at-large

16

PHARMACIES AND PHARMACISTS

Prescription drugs, program to establish reduced cost to non-medicaid senior residents; provisions for Health and Human Services Department

35

Retirees and Individual Pooling Together for Savings Act (SCRIPTS); program to establish reduced cost on prescription drugs to nonmedicaid seniors; provisions for the department

35

PICKENS COUNTY

Game Zones

Nos. 1 and 2, Raccoons and opossums, hunting seasons for changed

8

POLITICAL SUBDIVISIONS

Action against, Budget and Control Board to defend if Attorney General refuses

59

Counties

Aircraft, governing body by ordinance may reduce the assessment ratio of general aviation aircraft subject to property tax

13

Corporate income tax moratorium for job creation, county's unemployment rate; data revised to calculate, Revenue Department to name counties effective for taxable year beginning after calendar years

44

Employer tax credit, application of maximum aggregate credit for employees in distressed counties exempt from

44

Fee in lieu of property taxes; reduced investment, designation of counties as; investor projects and sponsors; disqualifications

44

Horry and Georgetown Counties, county lines altered by annexing certain portion of; provisions for legal records

15

Job tax credit, county's designation required to be effective for taxable years after the calendar year

44

Property taxes, date for filing extended for members of Armed Forces or National Guard serving near a hazard zone

2

Reassessment program, 2002; counties allowed to postpone for one year

44

Debt collections for a claimant agency; county, local governmental entity or quasi-governmental entity specified as a political subdivision

44

Family Privacy Protection Act; provisions do not apply to local governmental entity and it's subdivisions

7

Firefighters, special pension plan offered by local governments; investment of funds provided for, constitutional amendment ratified

81

Land disputes, provisions for pre-litigation mediation and appeals related to disputes between local governments and private property owners

16

Lending and financial activities of certain entities; political subdivision may not regulate

21

Local government planning or zoning officials and employees; advisory committee created on educational courses and continuing education programs

16

Special purpose, public service districts

Joint Agency Act; provisions relating to special purpose districts that provide natural gas

2

Water and sewer services, districts providing; services may continue to be provided outside of diminished boundaries; county board must approve

69

Zoning

Horry and Georgetown Counties, county lines altered by annexing certain portion; provisions for legal records

15

Land disputes, procedures for pre-litigation and mediation in appeals regarding disputes between local governments and private property owners

16

Officials, educational requirements for provided; advisory committee created to approve orientation courses and continuing education programs

16

PORTS AUTHORITY, STATE

Marine terminal service and non-tariff agreements are trade secrets in relation to offers to attracting businees and industry to the state

73

PROPERTY

Construction defect; provisions for a homeowner to claim suit against

69

High-Cost and Consumer Home Loans Act; to prohibit provisions in high-cost home loans

21

Historic structure, tax credit for rehabilitating; "certified historic residential structure" redefined; "owner-occupied residence" defined; documentation of rehabilitation standards

44

Homeowners associations, tax rates applicable to exempt organizations; specific reference to the association provided

44

Land disputes, decisions regarding; provisions for pre-litigation mediation in appeals related to disputes between local government and private property owners

16

Liens

Repair and storage liens, certain storage costs may be charged and recovered

84

Manufactured homes, uniform procedures for retiring title certificate to certain manufactured homes affixed to real property; provisions for homes on to pay mortgages

75

Nonresidential real property, sale of; tax liability and exemptions provided

44

Notice and Opportunity To Cure Construction Dwelling Defects Act

69

Rental

Landlord and tenant responsibilities to pay water, sewerage, utilities, and garbage services; provisions related to

42

Vacation timeshare plans, provisions relating to; multiple ownership interest exempt from

71

Residential Property Condition Disclosure Act; vacation timeshare plan or vacation multiple ownership interest exempt from

71

Unclaimed property, treatment provided for payable or distributable in course of demutualization of insurance company as abandoned in five years

35

Vacation timeshare plans, provisions; vacation multiple ownership interest exempt from

71

PUBLIC OFFICERS AND EMPLOYEES

Commercial solicitation, definition of changed; state agency substituted for a public body

7

Health coverage, state; dependent of person killed in the line of duty; conditions provided

68

Lobbyist principles and prohibited acts of public officials and employees; cabinet officers excluded

59

Public body, entity or person attracting business to the state; fiscal impact must be disclosed when offer is accepted; marine terminal service and non-tariff agreements are trade secrets

73

PUBLIC SAFETY DEPARTMENT

Administrative hearings, fee applies to any hearing before the department; fee increased to $100

37

DUI, second offense; monetary penalty; portion of proceeds to be used for the department

37

Highway Patrol Division

DUI causing great bodily injury or death; fines increased; portion of fines must be set aside for highway patrol

37

Troopers; Public Safety Department to keep permanent records of all killed in the line of duty, die while on actively employed, and who are retired

37

Motor Vehicle Division

Department of Motor Vehicles Reform Act of 2003; duties and functions of division repealed

27

Duties relating to motor vehicles transferred to the Department of Motor Vehicles

27

Motor vehicles, duties relating to; motor vehicles transferred to the Department of Motor Vehicles

27

PUBLIC SERVICE COMMISSION

Broadband service, definition of provided; exempt from regulation by the Commission

1

Public utilities

Landlord and tenant responsibility to pay; provision related to

42

Telephone companies, definition of broadband service provided; exempt from regulations by commission

1

REAPPORTIONMENT

House election districts, former; provisions repealed; new districts established

33

Senate election districts, former; provision repealed; new districts established

33

Union County Board of Trustees, election districts reapportioned

0

REGULATIONS

Administrative Procedures

Maritime protection, SLED authorized to promulgate regulations necessary for homeland security matters

77

National building codes, provisions requiring certain agencies to adopt; amendments to be promulgated as regulations

70

Passive soil-based on-site disposal systems; DHEC to promulgate regulations for

26

Records retention schedule approval process; Budget and Control Board eliminated from, general schedules no longer developed as regulations

25

Approved

Education Department

Basic Skills Assessment Program-Kindergarten Objectives (D. No. 2746)

0

RETIREMENT SYSTEMS AND PENSIONS

Group life insurance benefits, restriction on paying retirement programs deleted

66

Police officers

Credit, service; how an active member may establish under other specified retirement programs provided

66

Earned service and earnable compensation, what constitutes provided

66

Peace officer hired by Mental Health Department, definition of police officer includes

3

S.C. Retirement System

College work-study students included in definition of employee

83

Earned service credit; definition revised

66

Graduate assistants included in definition of employee

83

Investment Panel, officers and employees of; provisions for the state to defend if claim or actions brought against

A13, R34, S341 1

Optional Retirement Program, definitions revised

66

Optional Retirement Program, or certain other Teacher or Higher Education Retirement Programs, manner in which and conditions person who participates in may participate in the S.C. Retirement System

66

Retirement Systems Claims Procedures Act

3

REVENUE DEPARTMENT

Accommodations tax, Revenue Department's duties in connection with; provisions repealed

44

Beer and wine; department occupies entire field of regulation of in except in hours of operation more restrictive

19

Claimant agency, required to notify the department of a reduction in the delinquency; taxpayer identification number provided instead of social security

44

Debt collection, provisions related to liabilities owed a governmental entity; political subdivisions specified

44

Hearing officers and Administrative Law Judge Division; duties, functions, and responsibilities of revised

44

Industrial development projects requiring a fee in lieu of taxes; definitions of "investor", "investor affiliate" and "business" deleted

44

Liquor; department occupies entire field of regulation except in hours of operation more restrictive

19

Property taxes, fee in lieu of; effectiveness of county designations in the following calendar year provided; provisions for Revenue Department to designate reduced investment counties

44

Records, reports and returns filed with; information pursuant to a subpoena issued by grand jury included

44

Regulations, department's authority to promulgate in certain areas changed to mandatory to permissive

44

Special food manufacturer's license provided for food items such as marinade and sauces which contain alcoholic beverages; department to issue

19

Tax credits administered by are good for year generated; credit not refundable

44

Tax matters administered by the department; authority to summon taxpayers extended to

44

Taxes administered by; definition of person for applies to all

44

RICHLAND COUNTY

Game Zone

No. 3, Raccoon and opossum, hunting season for changed

8

SALUDA COUNTY

Game Zone

No. 2, Raccoon and opossum, hunting season for changed

8

Trout, no more than five may be taken from certain area of Saluda River

34

SCHOOLS AND SCHOOL DISTRICTS

Annual calendar, local board of trustees authorized to set for school district under certain conditions and requirements

76

Attendance

Days missed due to inclement weather or other disruptions, three days designated annually for make-up; school authorized to lengthen days or operate on Saturday; procedures and requirements provided

76

Building codes; provisions for construction, improvement, or renovation of

74

Buildings, former codes and inspections; provisions repealed

74

Buses

Four or multi-lane highway, routes to be designed to ensure that a student is not required to pass

41

Passing, provisions for when a driver must or need not to stop revised

41

Stopped, penalties for unlawfully passing; technical change; types of markings required on buses revised

41

Calendar, annual; required to be established by the local board of trustees including start and ending date and make-up days

76

Curriculum

Personal finance, public schools; students required to receive class on

44

Days missed due to inclement weather or other disruptions; three days designated annually for make-up; schools authorized to lengthen days or operating on Saturday; procedures and requirements provided; legislation waving authorized

76

Emergency shelters, provisions for children that reside in

79

Matriculation and incidental fees, certain students exempt from

7

Personal finance, public schools; students required to receive class on

44

Start date; local school districts allowed to set

76

Strategic plans and improvement reports required by consolidated; dates to be submitted revised

76

Students

Buses, routes must be designed to ensure student does not have to cross four lane or multi-lane highway

41

Emergency shelter, child who resides in authorized to attend district where shelter is located

79

Fee's, matriculation and incidental; certain students exempt from

7

Homebound programs, pupils who reside in emergency shelters; weightings for included in determining annual allocations to each school district

79

Personal finance, public schools; students required to receive class on

44

Teachers

Center for Teacher Recruitment; name changed to Center for Education Recruitment, Retention and Advancement (CERRA)

5

Uniform start date, statewide; provisions repealed

76

SOCIAL SERVICES

Department

Childcare facilities, department required to make staff training in domestic violence available to facility owners and operators

79

Community domestic violence coordinating councils, department to facilitate development of in each county or multi-county area

79

Domestic violence continuing education to be developed for school teachers and staff

79

Foster care, department to show compelling reasons for permanency plan that does not reunite child with parents and does not terminate parental rights; provisions

23

Foster care, license applications; provisions allowing department to issue temporary licenses pending investigation deleted

23

SPARTANBURG COUNTY

Game Zone

No. 4, Raccoon and opossum, hunting season for changed

8

Lake Blalock, watercraft horsepower limits increased; maximum length of watercraft increased; provisions for operating

83

Voting precincts, certain renamed and revised; polling places must be determined by county election commission with approval by the legislative delegation

43

STATE GOVERNMENT

Budget and Control Board; members, officers, and employees of, state to defend in law suit provisions

A13, R34, S341 1

Retirement Systems Investment Panel, officers and employees of; provisions for state to defend if claims or suits are brought against

A13, R34, S341 1

STATE SYMBOLS AND EMBLEMS

Goldenrod, designated as the official state wildflower

13

STATE WILDFLOWER

Goldenrod designated as

13

SUMTER COUNTY

Game Zone

No. 8, Raccoon and opossum, hunting season for changed

8

TAXATION

Accommodations, hospitality taxes

Revenue Department's duties in connection with, provisions repealed

44

Alcoholic liquors, food containing; biennial license tax provided on special food manufacturer's license

19

Corporate license tax, provisions for allowing holding company to reduce its paid-in capital; provisions

82

Domestic wine, taxes of; provisions repealed

50

Employer tax credit, application of maximum aggregate credit for employees in distressed counties exempt from

44

Gasoline

Motor fuels, "user fee" substituted for "tax" and "motor fuel subject to the user fee" for "taxable motor fuel"

44

Homeowners association, tax rates applicable to exempt organizations; specific reference to the association provided

44

Income tax

Building and loan association income tax; payment is not in lieu of deed recording fees

44

Corporate, moratorium on; provisions repealed

44

Credit

Employer tax credit, application of maximum aggregate credit for employees in distressed counties exempt from

44

Research and development expenses, income tax credit for applies only to research expenses

44

Return

Corporations elected to be taxed under subchapter "S" of the Internal Revenue Code, may not join in filing of consolidated income tax return

44

Law Enforcement Assistance Program; contribution to provided on individual income tax returns

68

Litter Control Enforcement Program; contribution to provided on individual income tax returns

68

Industrial development projects requiring a fee in lieu of taxes; definitions of "investor", "investor affiliate" and "business" deleted

44

Interest that must be paid on when tax is not paid; technical changes made

44

Internal Revenue Code, provisions to adopt it to state law

44

Job tax credit, county's designation to be effective for taxable years after the calendar year

44

Jobs tax credit, targeted; definition of new job extended; jobs to be located in county classified as distressed or least developed

82

License tax credit, projects eligible for; eligibility included pursuant to any of the fee in lieu programs

44

Nonresidential real property, sale of; tax liability and exemptions, provided

44

Property

Assessments

Aviation, general aircraft; county governing body by ordinance may reduce assessment ratio on

13

Objection to; time a taxpayer may object to an assessment revised; certain references to assessments clarified

44

Reassessment program, 2002; counties allowed to postpone for an additional year

44

Exemptions and deductions

Armed forces, member of who leases private passenger vehicle; exemption provided for

44

Fee in lieu of property taxes; reduced investment, designation of counties as; investor projects and sponsors; disqualifications

44

Fee in lieu of taxes for business/industrial investment, fiscal disclosure

73

Fee in lieu of; effectiveness of county designations in the following calendar year provided; provisions for Revenue Department to designate reduced investment counties

44

Filing date extended for Armed Forces or National Guard members serving near a hazard zone

2

Historic structure, tax credit for restoring; "certified historic residential structure" redefined, "owner-occupied residence defined; documentation of rehabilitation standards

44

Industrial development projects requiring a fee in lieu of taxes; definitions of "investor", "investor affiliate" and "business" deleted

44

Motor vehicle

Armed forces, member of who leases private passenger vehicle; property tax exemption provided for

44

Nonresidential real property, sale of; tax liability and exemptions provided

44

Retraining tax credit, apprenticeship programs and programs enhancing exports included

44

Revenue Department, credits administered by are usable for year generated; credit is not refundable

44

Revenue Department, definition of person applies to all taxes administered by

44

Sales and use

Bundled transactions provided for

44

Exemptions and deductions

Portable toilet, seventy percent of gross proceeds of the rental/lease of exempt from

44

Respiratory syncytial virus (RSV), prescription medicines used in treatment of exempt from sales tax

44

Simplified Sales and Use Tax Administration Act; delegations to multistate meetings may be reimbursed for business expenses

44

Small business trust, electing; taxed at highest rate provided for purposes of Internal Code

44

Targeted jobs tax credit, definition of new job extended; jobs to be located in a county classified as distressed or least developed

82

Tax sales and collections, cost of filing, enrolling, and satisfaction of state tax lien included

44

TELEPHONES

Broadband service, defined; exempt from regulation by Public Service Commission

1

TORTS

Budget and Control Board and Retirement Investment Panel; provisions for state to defend if claim or suit brought against the officers and employees of

A13, R34, S341 1

Civil action

Cases; judge, court or official of prohibited from appointing an attorney

7

Construction defect in a residential dwelling; provisions for a homeowner to claim suit

69

TRUSTS AND ESTATES

Principal income, receipts and disbursement between; technical changes made

26

UNIFORM LAWS

Uniform Commercial Code; records, filing of; fee assessment recalculated

11

Uniform Securities Act; State Grand Jury's jurisdiction extended to violations of

67

UNION COUNTY

Board of Trustees, election districts reapportioned

0

Game Zone

No. 4, Raccoon and opossum, hunting season for changed

8

Voting precincts renamed and revised

25

VETERANS' AND MILITARY AFFAIRS

Homeland security bill

77

Judges required to grant a continuance in court case when a party or his attorney is on active duty as a member of the National Guard or reserves

6

Maritime Security Act, security commission established; provisions for naval militia to be a volunteer force

77

Naval militia, provisions to be a voluntary force; security commission established; Maritime Security Act

77

Property tax exemption, member of Armed Forces who leases private passenger motor vehicle provided

44

Property taxes, date for filing extended for Armed Forces or National Guard members serving near a hazard zone

2

Selective service, certain persons must be registered for when applying to Motor Vehicles Department for certain services

27

WATER AND SEWER

Landlord and tenant responsibilities to pay water, sewerage, and garbage services; provisions related to

42

Passive soil-based on-site disposal systems

26

Portable toilet, sales and use tax exemption on lease and maintenance

44

Special purpose district providing water and sewer services; services may continue to be provided outside of diminished boundaries; county board must approve

69

WATERCRAFT

DUI, references to legal blood alcohol limit changed to eight one-hundredths of one percent

37

Lake Blalock, Spartanburg County, watercraft horsepower limits increased; provisions

83

WEAPONS

Firearms, penalties for hunting with in Game zone no. 9 during specific times; provisions repealed

14

Firearms, use of; references to blood alcohol limit changed to eight one-hundredths of one percent

37

WILLIAMSBURG COUNTY

Game Zone

No. 9, Firearms, penalties for hunting with during specific times; provisions repealed

14

No. 9, Raccoon and opossum, hunting season for changed

8

WORKERS' COMPENSATION

Second Injury Fund, reimbursements to employers or carriers who have defaulted prohibited

55

YORK COUNTY

Game Zone

No. 4, Raccoon and opossum, hunting season for changed

8

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2003 SUMMARY

OF STATEWIDE LEGISLATION

115TH GENERAL ASSEMBLY

OF

SOUTH CAROLINA

FIRST SESSION

Stephen T. Draffin, Code Commissioner and Director

South Carolina Legislative Council

Post Office Box 11489

Columbia, South Carolina 29211

Prepared by the South Carolina Legislative Council

Copyright 8 2003 by South Carolina Legislative Council

2003 SUMMARY

OF STATEWIDE LEGISLATION

115 General Assembly

of

South Carolina

First Session

Prepared by the South Carolina Legislative Council

Copyright 2003 by South Carolina Legislative Council

Summary of Regulations

Approved by the General Assembly

Promulgated to comply with Federal Law

Effective July , 2003 - July 2004

Prepared by the South Carolina Legislative Council

Copyright 2003 by South Carolina Legislative Council

SUBJECT INDEX

Prepared by the South Carolina Legislative Council

Copyright 2003 by South Carolina Legislative Council

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In order to avoid copyright disputes, this page is only a partial summary.

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