South Carolina General Assembly
118th Session, 2009-2010
Legislation Prefiled in the House

PREFILE SHEET

12/16/08

H. 3120 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-67 SO AS TO REQUIRE PUPIL-TEACHER RATIOS IN GRADES K-6 OF 27:1 BEGINNING WITH SCHOOL YEAR 2010 AND FULLY PHASED-IN AT 25:1 BY SCHOOL YEAR 2011, TO PROVIDE THAT LOWER PUPIL-TEACHER RATIOS NOW REQUIRED BY LAW IN READING AND MATHEMATICS IN GRADES 1-3 of 21:1 ARE NOT AFFECTED BY THE ABOVE PROVISIONS, TO PROVIDE FOR A WAIVER OF THESE RATIOS UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR A REDUCTION OF STATE AID FOR ANY DISTRICT WHICH DOES NOT MEET THESE REQUIRED RATIOS.

Referred to Committee on Education and Public Works

H. 3121 (Word version) -- Reps. J. E. Smith and E. H. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-15-75 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO REMOVE, OR ATTEMPT TO REMOVE, FROM THIS STATE MORE THAN TEN TURTLES OF CERTAIN NAMED SPECIES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3122 (Word version) -- Rep. Huggins: A BILL TO AMEND SECTION 12-60-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FAILURE OF A TAXPAYER TO MAKE A REPORT OR FILE A RETURN REQUIRED BY LAW OR A TAXPAYER WHO FILES A FRIVOLOUS RETURN, SO AS TO FURTHER PROVIDE FOR THE INFORMATION THE DEPARTMENT MUST CONSIDER WHEN MAKING AN ESTIMATE OF THE TAX LIABILITY OF THE TAXPAYER UNDER THESE CIRCUMSTANCES.

Referred to Committee on Ways and Means

H. 3123 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND SECTION 40-5-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST ANY PERSON PRACTICING OR SOLICITING THE CAUSE OF ANOTHER PERSON IN A COURT OF THIS STATE UNLESS HE HAS BEEN ADMITTED AND SWORN AS AN ATTORNEY, SO AS TO PROVIDE THAT THE PERSON MUST BE ENROLLED AS A MEMBER OF THE SOUTH CAROLINA BAR IN ORDER TO PRACTICE LAW OR SOLICIT THE LEGAL CAUSE OF ANOTHER, AND TO PROVIDE THE PRACTICE OF LAW SHALL BE DEFINED BY THE SUPREME COURT PRIOR TO ANY CHARGE BEING FILED PURSUANT TO THIS SECTION.

Referred to Committee on Judiciary

H. 3124 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND SECTION 2-7-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL GENERAL APPROPRIATIONS ACT, SO AS TO PROVIDE THAT, BEGINNING WITH ITS 2011 SESSION, THE GENERAL ASSEMBLY SHALL ENACT A BIENNIAL STATE GENERAL APPROPRIATIONS ACT.

Referred to Committee on Ways and Means

H. 3125 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND CHAPTER 146, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE SCHOOL FACILITIES BOND ACT, BY ADDING SECTION 59-146-55 SO AS TO PROVIDE THAT BEGINNING WITH FISCAL YEAR 2009-2010 AND CONTINUING FOR A PERIOD OF FOUR FISCAL YEARS THEREAFTER, AN ADDITIONAL THREE HUNDRED MILLION DOLLARS IN SCHOOL FACILITIES BONDS MAY BE ISSUED OVER THIS FIVE YEAR PERIOD, AND TO PROVIDE THAT THESE BONDS MUST BE ALLOCATED TO SCHOOL DISTRICTS BASED ON A FORMULA WHICH GIVES PRIORITY CONSIDERATION TO DISTRICTS WITH HIGHER PERCENTAGES OF STUDENTS ELIGIBLE FOR FREE OR REDUCED PRICED LUNCHES, THE RELATIVE FINANCIAL ABILITY OF A DISTRICT TO FUND NEW SCHOOL FACILITIES OR IMPROVE EXISTING FACILITIES, AND REMAINING CAPACITY OF A DISTRICT TO ISSUE ADDITIONAL CAPITAL IMPROVEMENT BONDS; AND TO AMEND TITLE 59, BY ADDING CHAPTER 75 SO AS TO ENACT THE "SOUTH CAROLINA SCHOOL FACILITIES INFRASTRUCTURE ACT", TO ESTABLISH THE SOUTH CAROLINA SCHOOL FACILITIES INFRASTRUCTURE AUTHORITY, AND TO PROVIDE FOR ITS GOVERNANCE, POWERS, AND DUTIES; TO AUTHORIZE THE AUTHORITY TO PROVIDE LOANS AND OTHER FINANCIAL ASSISTANCE TO SCHOOL DISTRICTS TO FINANCE SCHOOL FACILITIES; TO ALLOW STATE APPROPRIATIONS, GRANTS, LOAN REPAYMENTS, AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE FUND OF THE AUTHORITY; TO AUTHORIZE LENDING TO AND BORROWING BY SCHOOL DISTRICTS THROUGH THE AUTHORITY; AND TO AUTHORIZE THE ISSUANCE OF GENERAL OBLIGATION BONDS BY THE AUTHORITY TO BE USED FOR ITS STATED PURPOSES.

Referred to Committee on Ways and Means

H. 3126 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-4-75 SO AS TO PROVIDE THAT MEETINGS OF THE GOVERNOR WITH AGENCY OR DEPARTMENT HEADS HE APPOINTS TOGETHER WITH ANY OTHER PUBLIC OFFICIALS OR EMPLOYEES INVITED TO ATTEND MUST BE OPEN TO THE PUBLIC IN THE SAME MANNER AND UNDER THE SAME CONDITIONS THAT MEETINGS OF PUBLIC BODIES MUST BE OPEN TO THE PUBLIC UNDER THE FREEDOM OF INFORMATION ACT.

Referred to Committee on Judiciary

H. 3127 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY ADJOURNMENT, SO AS TO PROVIDE FOR SINE DIE ADJOURNMENT ON THE FIRST THURSDAY OF MAY RATHER THAN THE FIRST THURSDAY IN JUNE AND DELETE THE AUTHORITY TO EXTEND THE SESSION.

Referred to Committee on Judiciary

H. 3128 (Word version) -- Rep. Merrill: A BILL TO AMEND SECTIONS 54-3-10 AND 54-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA STATE PORTS AUTHORITY AND ITS GOVERNING BOARD, SO AS TO PROVIDE THAT THE STATE PORTS AUTHORITY ON JULY 1, 2009, SHALL BE GOVERNED BY A DIRECTOR APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE SENATE, AND ON JULY 1, 2009, THE GOVERNING BOARD OF THE AUTHORITY AND THE POSITION OF PRESIDENT AND CHIEF EXECUTIVE OFFICER ARE DISSOLVED AND THEIR POWERS AND DUTIES ASSUMED BY THE DIRECTOR APPOINTED BY THE GOVERNOR; TO AMEND SECTIONS 54-3-140, 54-3-190, AND 54-3-270, AS AMENDED, RELATING TO POWERS AND OTHER FUNCTIONS OF THE AUTHORITY, SO AS TO CONFORM THESE SECTIONS TO THE ABOVE PROVISIONS; AND TO REPEAL SECTIONS 54-3-30 AND 54-3-40 RELATING TO THE ORGANIZATION AND OFFICERS OF THE GOVERNING BOARD OF THE AUTHORITY.

Referred to Committee on Judiciary

H. 3129 (Word version) -- Rep. J. E. Smith: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING ON THE SECOND TUESDAY IN FEBRUARY RATHER THAN THE SECOND TUESDAY IN JANUARY OF EACH YEAR.

Referred to Committee on Judiciary

H. 3130 (Word version) -- Rep. Harvin: A BILL TO AMEND SECTION 12-37-3150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DETERMINING WHEN A PARCEL OF REAL PROPERTY MUST BE APPRAISED AS A RESULT OF AN ASSESSABLE TRANSFER OF INTEREST, SO AS TO PROVIDE THAT A CONVEYANCE TO A TRUST DOES NOT CONSTITUTE AN ASSESSABLE TRANSFER OF INTEREST IN THE REAL PROPERTY IF THE SETTLOR OR SETTLOR'S SPOUSE CONVEYS THE PROPERTY TO A TRUST THE BENEFICIARIES OF WHICH ARE A CHILD OR CHILDREN OF THE SETTLOR OR THE SETTLOR'S SPOUSE AND TO PROVIDE THAT A CONVEYANCE BY DISTRIBUTION UNDER A WILL OR BY INTESTATE SUCCESSION DOES NOT CONSTITUTE AN ASSESSABLE TRANSFER OF INTEREST IN THE REAL PROPERTY IF THE DISTRIBUTEE IS A CHILD OR CHILDREN OF A DECEDENT AND THE DECEDENT DID NOT HAVE A SPOUSE AT THE DECEDENT'S DATE OF DEATH.

Referred to Committee on Judiciary

H. 3131 (Word version) -- Rep. Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-711 SO AS TO DESIGNATE THE "SUMMER DUCK" AS THE OFFICIAL STATE DUCK.

Referred to Committee on Invitations and Memorial Resolutions

H. 3132 (Word version) -- Rep. Bowen: A BILL TO AMEND CHAPTER 3, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER RESOURCES PLANNING AND COORDINATION BY ADDING ARTICLE 3, SO AS TO ENACT THE "SOUTH CAROLINA COMPREHENSIVE STATEWIDE WATER MANAGEMENT ACT OF 2009", INCLUDING PROVISIONS TO REQUIRE THE DEVELOPMENT OF A STATEWIDE COMPREHENSIVE WATER MANAGEMENT PROGRAM; TO PROVIDE FOR PRINCIPLES ON WHICH SUCH PROGRAM MUST BE BASED; TO REQUIRE ALL WATER WITHDRAWAL PERMIT DECISIONS TO BE MADE IN ACCORDANCE WITH THE PROGRAM; TO PROVIDE FOR EFFECT OF NONCOMPLIANCE WITH THE PROGRAM; TO PROVIDE FOR A SOUTH CAROLINA WATER PLANNING COMMITTEE AND FOR ITS COMPOSITION AND DUTIES; TO PROVIDE PROCEDURES FOR PROGRAM DEVELOPMENT, ADOPTION, AND REVISION; TO DESIGNATE SECTION 49-3-10 THROUGH SECTION 49-3-50 OF THE 1976 CODE AS ARTICLE 1, CHAPTER 3 OF TITLE 49; AND TO REPEAL CHAPTER 21 OF TITLE 49 RELATING TO THE INTERBASIN TRANSFER OF WATER UPON APPROVAL OF THE GENERAL ASSEMBLY BY JOINT RESOLUTION OF THE STATEWIDE COMPREHENSIVE WATER MANAGEMENT PROGRAM PROVIDED ABOVE.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3133 (Word version) -- Rep. Jefferson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 38 TO CHAPTER 5, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL REQUIRE THAT CERTAIN VEHICLES MUST UNDERGO AN ANNUAL INSPECTION, TO PROVIDE A FEE FOR THE INSPECTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ARTICLE.

Referred to Committee on Education and Public Works

H. 3134 (Word version) -- Rep. Bowers: A BILL TO AMEND SECTION 56-3-9910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF GOLD STAR FAMILY SPECIAL LICENSE PLATES, SO AS TO REDUCE THE FEE FOR THIS SPECIAL LICENSE PLATE.

Referred to Committee on Education and Public Works

H. 3135 (Word version) -- Rep. Allison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-5-3010 AND 56-5-3020 SO AS TO ESTABLISH THE CRIMES OF VEHICULAR HOMICIDE AND VEHICULAR GREAT BODILY INJURY, AND TO PROVIDE PENALTIES FOR BOTH CRIMES.

Referred to Committee on Judiciary

H. 3136 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 56-1-286, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR PERMIT, OR THE DENIAL OF THE ISSUANCE OF A LICENSE OR A PERMIT TO A PERSON UNDER THE AGE OF TWENTY-ONE WHO HAS OPERATED A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, SO AS TO DELETE THE TERM "ADMINISTRATIVE HEARING" AND REPLACE IT WITH THE TERM "CONTESTED CASE HEARING", AND TO PROVIDE THAT A CONTESTED CASE HEARING MUST BE CONDUCTED BEFORE THE OFFICE OF MOTOR VEHICLE HEARINGS PURSUANT TO ITS RULES OF PROCEDURE; TO AMEND SECTION 56-5-2942, AS AMENDED, RELATING TO THE IMMOBILIZATION OF A MOTOR VEHICLE OWNED BY A PERSON WHO HAS BEEN CONVICTED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT OF MOTOR VEHICLES TO CONDUCT A HEARING AND RECEIVE TESTIMONY REGARDING THE VERACITY OF CERTAIN AFFIDAVITS IT RECEIVES REGARDING THE RELEASE OF AN IMMOBILIZED VEHICLE, PROVIDE THAT THE DEPARTMENT MAY ISSUE A DETERMINATION PERMITTING OR DENYING THE RELEASE OF AN IMMOBILIZED VEHICLE BASED ON CERTAIN AFFIDAVITS, AND TO REVISE THE PROCEDURE TO OBTAIN RELIEF FROM A DEPARTMENTAL DETERMINATION THAT IMMOBILIZES A VEHICLE OR DENIES THE RELEASE OF A VEHICLE; AND TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S PRIVILEGE TO OPERATE A MOTOR VEHICLE, SO AS TO DELETE THE TERM "ADMINISTRATIVE HEARING" AND REPLACE IT WITH THE TERM "CONTESTED CASE HEARING", TO DELETE THE TERM "DEPARTMENT OF MOTOR VEHICLES" AND REPLACE IT WITH THE TERM "OFFICE OF MOTOR VEHICLE HEARINGS" AND TO PROVIDE THAT A CONTESTED CASE HEARING MUST BE CONDUCTED BEFORE THE OFFICE OF MOTOR VEHICLE HEARINGS.

Referred to Committee on Judiciary

H. 3137 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 4-9-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LITTER CONTROL OFFICERS, SO AS TO PROVIDE THAT AN ANIMAL CONTROL OFFICER HAS THE SAME POWERS AND DUTIES AS A LITTER CONTROL OFFICER.

Referred to Committee on Judiciary

H. 3138 (Word version) -- Reps. Haley and Ballentine: A HOUSE RESOLUTION TO AMEND RULE 5.3 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING GENERAL AND SUPPLEMENTAL APPROPRIATIONS BILLS, SO AS TO REQUIRE THE ANNUAL GENERAL APPROPRIATIONS BILL TO BE CONSIDERED SECTION-BY-SECTION WITH A REQUIRED ROLL CALL VOTE ON THE QUESTION OF SECOND READING; TO AMEND RULE 5.19, RELATING TO THE LIMITATIONS ON MEMBERS SPEAKING ON THE MAIN QUESTION OF A BILL OR RESOLUTION, SO AS TO REQUIRE A ROLL CALL VOTE WHEN THE PENDING QUESTION IS THE ADOPTION OF A CONFERENCE OR FREE CONFERENCE REPORT; AND TO AMEND RULE 7.2, RELATING TO TAKING A ROLL CALL VOTE ON SECOND OR THIRD READING FOR CERTAIN SPECIFIC MATTERS, SO AS TO REQUIRE AN ELECTRONIC ROLL CALL VOTE MUST BE USED PURSUANT TO THE PROVISIONS OF RULE 7.3 AND THESE ROLL CALL VOTES MUST BE RECORDED BY NAME ON SECOND AND THIRD READING IN THE JOURNAL AND DELETE A PROCEDURE FOR RECORDING A MEMBER'S VOTE WHEN THAT MEMBER HAS NOT BEEN GRANTED LEAVE.

Referred to Committee on Rules

H. 3139 (Word version) -- Rep. Bedingfield: A BILL TO AMEND SECTION 7-15-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME OF APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO PROVIDE THAT THE DEADLINE FOR ACCEPTING AN APPLICATION FOR AN ABSENTEE BALLOT FOR A QUALIFIED ELECTOR WHO APPEARS IN PERSON IS CHANGED FROM THE DAY BEFORE THE ELECTION TO SIX DAYS BEFORE THE ELECTION.

Referred to Committee on Judiciary

H. 3140 (Word version) -- Reps. G. R. Smith, Hamilton, Nanney and Bedingfield: A BILL TO AMEND SECTION 7-5-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT OF REGISTRATION IN ORDER TO VOTE, SO AS TO PROVIDE THAT A PERSON IS NOT ALLOWED TO VOTE IN A PARTISAN PRIMARY ELECTION OR PARTISAN ADVISORY REFERENDUM UNLESS THE PERSON HAS REGISTERED AS BEING A MEMBER OF THAT PARTY; TO AMEND SECTION 7-5-170, AS AMENDED, RELATING TO THE REQUIREMENTS FOR VOTER REGISTRATION, SO AS TO PROVIDE THE REQUIREMENT OF STATING POLITICAL PARTY AFFILIATION, IF ANY, ON THE FORM AND INCLUDING IT IN THE OATH; AND REQUIRE THE STATE ELECTION COMMISSION TO ASSIST IN CAPTURING THIS DATA; AND TO AMEND SECTION 7-9-20, RELATING TO THE QUALIFICATIONS FOR VOTING IN PRIMARY ELECTIONS, SO AS TO INCLUDE, AS A REQUIREMENT, REGISTERING AS A MEMBER OF THE PARTY AND TO PROVIDE A PROCEDURE FOR CHANGING POLITICAL PARTY AFFILIATION OR NONAFFILIATION AFTER A SELECTION HAS BEEN MADE.

Referred to Committee on Judiciary

H. 3141 (Word version) -- Rep. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-55-175 SO AS TO REQUIRE LIABILITY OR CASUALTY INSURANCE COVERAGE DISCLOSURES TO A CLAIMANT OR HIS AUTHORIZED REPRESENTATIVE IF THE REQUEST IS MADE IN WRITING, AND TO PROVIDE FOR PROCEDURES REQUIRED FOR THESE DISCLOSURES.

Referred to Committee on Labor, Commerce and Industry

H. 3142 (Word version) -- Rep. Whipper: A BILL TO AMEND SECTION 7-7-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF VOTING PRECINCTS AND VOTING PLACES ESTABLISHED BY THE GENERAL ASSEMBLY, SO AS TO PROHIBIT THE ESTABLISHMENT OF A POLLING PLACE IN A LOCATION THAT IS GATED, GUARDED, OR WHERE ACCESS IS CONTROLLED BY OTHER THAN A POLLING PLACE MANAGER, AND TO REQUIRE THAT SUBMISSION TO THE UNITED STATES JUSTICE DEPARTMENT MUST CONTAIN A STATEMENT CONCERNING THE ACCESSIBILITY TO THE GENERAL PUBLIC.

Referred to Committee on Judiciary

H. 3143 (Word version) -- Rep. Rutherford: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO PROVIDE THAT A QUALIFIED ELECTOR MEETING CERTAIN REQUIREMENTS MUST BE PERMITTED TO VOTE BY ABSENTEE BALLOT BY MAIL, AND THAT A QUALIFIED ELECTOR MUST BE PERMITTED TO VOTE BY ABSENTEE BALLOT IN AN ELECTION IN WHICH HE IS ENTITLED TO VOTE FOR ANY REASON IF THE QUALIFIED ELECTOR APPEARS IN PERSON TO CAST AN ABSENTEE BALLOT AS PROVIDED BY LAW.

Referred to Committee on Judiciary

H. 3144 (Word version) -- Rep. Hosey: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 125 UNDER STATE JURISDICTION FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 3 IN ALLENDALE COUNTY TO ITS INTERSECTION WITH THE UNITED STATES DEPARTMENT OF ENERGY'S SAVANNAH RIVER SITE'S BOUNDARY NEAR THE TOWN OF JACKSON IN AIKEN COUNTY THE "COACH AARON MANIGAULT MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "COACH AARON MANIGAULT MEMORIAL HIGHWAY".

Referred to Committee on Invitations and Memorial Resolutions

H. 3145 (Word version) -- Rep. Gunn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE ADJUTANT GENERAL, COMMISSIONER OF AGRICULTURE, COMPTROLLER GENERAL, SECRETARY OF STATE, AND SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERMS OF THESE OFFICERS SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THEY MUST BE APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON; PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, SO AS TO UPDATE REFERENCES TO HIS TITLE AND MILITARY RANK, AND TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, HE MUST BE APPOINTED BY THE GOVERNOR IN THE MANNER REQUIRED BY SECTION 7, ARTICLE VI.

Referred to Committee on Judiciary

H. 3146 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND CHAPTER 41, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT COMMITTEE ON TAXATION, SO AS TO REPLACE THAT COMMITTEE WITH THE TAX STUDY COMMISSION AND PROVIDE FOR ITS MEMBERSHIP AND DUTIES, TO PROVIDE THAT THE FIRST ORDER OF BUSINESS OF THIS TAX STUDY COMMISSION IS A REVIEW OF STATE SALES AND USE TAX EXEMPTIONS WHICH MUST BE SUBMITTED TO THE GENERAL ASSEMBLY AND THE GOVERNOR BEFORE THE BEGINNING OF THE 2010 SESSION OF THE GENERAL ASSEMBLY, TO REQUIRE THAT REVIEW TO CONTAIN SPECIFIC RECOMMENDATIONS WITH RESPECT TO EXEMPTIONS TO BE ELIMINATED OR REVISED AND A REDUCED STATE SALES AND USE TAX RATE TO PROVIDE REVENUE NEUTRALITY, TO PROVIDE FOR THE REPORTING AND IMPLEMENTATION OF THE COMMITTEE'S RECOMMENDATIONS AND AMENDMENTS ALLOWED TO THESE RECOMMENDATIONS AND THE MANNER IN WHICH THEY TAKE EFFECT; AND TO REPEAL CHAPTER 41 OF TITLE 2 ESTABLISHING THE TAX STUDY COMMISSION EFFECTIVE JULY 1, 2011, UNLESS THE GENERAL ASSEMBLY BY LAW EXTENDS THE COMMISSION'S EXISTENCE.

Referred to Committee on Ways and Means

H. 3147 (Word version) -- Reps. G. R. Smith, Funderburk and Daning: A BILL TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 1-30-125 SO AS TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, AND TO TRANSFER TO THIS NEWLY CREATED DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, OFFICE OF THE GOVERNOR, AND OTHER AGENCIES, AND TO PROVIDE FOR TRANSITIONAL AND OTHER PROVISIONS NECESSARY TO ACCOMPLISH THE ABOVE; BY ADDING CHAPTER 2 TO TITLE 2 SO AS TO PROVIDE FOR LEGISLATIVE OVERSIGHT OF EXECUTIVE DEPARTMENTS AND THE PROCESSES AND PROCEDURES TO BE FOLLOWED IN CONNECTION WITH THIS OVERSIGHT; TO AMEND SECTIONS 1-11-20, AS AMENDED, 1-11-22, 1-11-55, 1-11-56, 1-11-58, 1-11-65, 1-11-67, 1-11-70, 1-11-80, 1-11-90, 1-11-100, 1-11-110, 1-11-180, 1-11-220, 1-11-225, 1-11-250, 1-11-260, 1-11-270, 1-11-280, 1-11-290, 1-11-300, 1-11-310, 1-11-315, 1-11-320, 1-11-335, 1-11-340, 1-11-435, 2-13-240, AS AMENDED, CHAPTER 9 OF TITLE 3; 10-1-10, 10-1-30, AS AMENDED, 10-1-40, 10-1-130, 10-1-190, AS AMENDED, CHAPTER 9 OF TITLE 10, 10-11-50, AS AMENDED, 10-11-90, 10-11-110, 10-11-140, 10-11-330; 11-9-610, 11-9-620, 11-9-630, 11-35-3810, AS AMENDED, 11-35-3820, AS AMENDED, 11-35-3830, AS AMENDED, 11-35-3840, AS AMENDED, 13-7-30, AS AMENDED, 13-7-830, 44-53-530, AS AMENDED, AND 44-96-140; 48-46-30, 48-46-40, 48-46-50, 48-46-60, 48-46-90, 48-52-410, 48-52-440, AND 48-52-460; BY ADDING SECTION 1-11-185 RELATING TO VARIOUS AGENCY OR DEPARTMENT PROVISIONS SO AS TO CONFORM THEM TO THE ABOVE PROVISIONS PERTAINING TO THE NEW DEPARTMENT OF ADMINISTRATION OR TO SUPPLEMENT SUCH PROVISIONS.

Referred to Committee on Judiciary

H. 3148 (Word version) -- Rep. Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 TO TITLE 11 SO AS TO ENACT THE "SOUTH CAROLINA RURAL INFRASTRUCTURE ACT", TO ESTABLISH THE SOUTH CAROLINA RURAL INFRASTRUCTURE AUTHORITY, AND TO PROVIDE FOR ITS GOVERNANCE, POWERS, AND DUTIES; TO AUTHORIZE THE AUTHORITY TO PROVIDE LOANS AND OTHER FINANCIAL ASSISTANCE TO A MUNICIPALITY, COUNTY, SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICT, AND A PUBLIC WORKS COMMISSION TO FINANCE RURAL INFRASTRUCTURE FACILITIES; TO ALLOW STATE APPROPRIATIONS, GRANTS, LOAN REPAYMENTS, AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE FUND OF THE AUTHORITY; TO AUTHORIZE LENDING TO AND BORROWING BY ELIGIBLE ENTITIES THROUGH THE AUTHORITY.

Referred to Committee on Ways and Means

H. 3149 (Word version) -- Rep. E. H. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-7-70 SO AS TO REQUIRE MUNICIPALITIES THAT COLLECT WATER OR SEWER MAINTENANCE FEES TO USE THESE FEES ONLY TO MAINTAIN THE WATER OR SEWER SERVICES.

Referred to Committee on Labor, Commerce and Industry

H. 3150 (Word version) -- Rep. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-15-915 SO AS TO PROVIDE THAT DURING THE HOURS OF SEVEN A.M. TO NINE A.M., TWELVE O'CLOCK NOON UNTIL TWO P.M., AND FOUR P.M. UNTIL SIX P.M., IN ORDER NOT TO CAUSE A HAZARD TO PUBLIC VEHICULAR TRANSPORTATION, A TRAIN IN A MUNICIPALITY MAY NOT BLOCK FOUR LANE INTERSECTIONS FOR MORE THAN FIVE MINUTES.

Referred to Committee on Education and Public Works

H. 3151 (Word version) -- Rep. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-75 SO AS TO PROVIDE THAT NO STUDENT ENROLLED IN GRADES 7-12 MAY BE RETAINED IN HIS PRESENT GRADE FOR THE NEXT SCHOOL YEAR EITHER AT HIS CURRENT SCHOOL OR AT ANOTHER SCHOOL OTHER THAN FOR ACADEMIC OR HEALTH REASONS WHICH ARE DOCUMENTED IN THE STUDENT'S INDIVIDUAL EDUCATION PLAN (IEP) OR IN OTHER RECORDS APPLICABLE TO THE STUDENT, AND TO PROVIDE THAT HEALTH REASONS DO NOT INCLUDE THOSE RELATING TO THE ATHLETIC ABILITIES OF THE STUDENT.

Referred to Committee on Education and Public Works

H. 3152 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 56-5-2360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF A MOTOR VEHICLE THAT IS APPROACHED BY AN AUTHORIZED EMERGENCY VEHICLE MAKING USE OF AUDIBLE AND VISUAL SIGNALS, SO AS TO PROVIDE INSTRUCTIONS ON HOW A DRIVER OF A MOTOR VEHICLE THAT IS APPROACHING CERTAIN PARKED AUTHORIZED EMERGENCY VEHICLES OR POLICE VEHICLES SHALL PROCEED, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

Referred to Committee on Judiciary

H. 3153 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-5670 AND 56-5-5945, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF A DEMOLISHER WHO ACQUIRES A VEHICLE FOR THE PURPOSE OF WRECKING, DISMANTLING, OR DEMOLITION, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO A DEMOLISHER WHO ACQUIRES PARTS OF A VEHICLE WITH A TOTAL WEIGHT OF TWENTY-FIVE POUNDS OR MORE FOR THE PURPOSE OF WRECKING, DISMANTLING, OR DEMOLITION, TO PROVIDE THAT A DEMOLISHER MUST MAINTAIN IN HIS RECORDS OF ALL VEHICLE'S HE ACQUIRES A PHOTOCOPY OF THE PERSON'S IDENTIFICATION CARD FROM WHOM HE ACQUIRED THE VEHICLE ALONG WITH THE YEAR, MAKE, AND IDENTIFICATION NUMBER OF THE VEHICLE OR ANY OTHER IDENTIFYING FEATURES, AND TO PROVIDE A PENALTY FOR VIOLATIONS OF BOTH PROVISIONS; TO AMEND SECTION 40-27-10, RELATING TO CERTAIN RECORDS THAT A PERSON WHO BUYS JUNK MUST MAINTAIN, SO AS TO PROVIDE THAT FOR PURCHASES OF JUNK THAT CONSISTS OF CERTAIN AMOUNTS OF SCRAP METAL OR VEHICLE PARTS, THE PERSON MUST MAINTAIN IN HIS RECORDS A PHOTOCOPY OF THE SELLER'S PICTURE IDENTIFICATION CARD; AND TO AMEND SECTION 40-27-40, RELATING TO PENALTIES ASSOCIATED WITH THE PURCHASE OF JUNK, SO AS TO INCREASE THE PENALTY.

Referred to Committee on Judiciary

H. 3154 (Word version) -- Rep. Chalk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT "THE SOUTH CAROLINA AGRICULTURAL ASSESSMENT REFORM ACT OF 2009"; TO AMEND SECTION 12-43-217, AS AMENDED, RELATING TO REASSESSMENT OF REAL PROPERTY EVERY FIVE YEARS, SO AS TO LIMIT A PROPERTY TAX INCREASE IN THE YEAR OF IMPLEMENTATION OF REVISED AGRICULTURAL USE STANDARDS; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO ASSESSMENT RATIOS FOR CERTAIN PROPERTY CLASSIFICATIONS, SO AS TO PROVIDE FOR UPDATED CRITERIA FOR DETERMINING FAIR MARKET VALUE OF AGRICULTURAL USE PROPERTY, TO REQUIRE THAT THE PROPERTY OWNERS REAPPLY FOR AGRICULTURAL USE CLASSIFICATION EACH YEAR OF THE COUNTYWIDE APPRAISAL AND EQUALIZATION PROGRAM, TO PROVIDE FOR THE APPLICATION OF THE ROLLBACK TAX TO CERTAIN AGRICULTURAL PROPERTY BASED ON INCREASED VALUE, TO REQUIRE ROLLBACK TAXES TO BE PAID WITH THE DEED TRANSFERRING REAL PROPERTY WHERE THE INCREASE IN VALUE MEETS CERTAIN CRITERIA, TO LIMIT APPLICATION OF THE ROLLBACK TAX TO THAT PROPERTY AT A LATER DATE, AND TO EXEMPT FROM THE ROLLBACK TAX PROPERTY SOLD AT A FORECLOSURE SALE FOR SPECIFIED REASONS AND UNDER SPECIFIED CIRCUMSTANCES; TO AMEND SECTION 12-43-230, AS AMENDED, RELATING TO THE DEFINITION OF "AGRICULTURAL REAL PROPERTY" FOR PURPOSES OF PROPERTY TAX REASSESSMENT AND EQUALIZATION, SO AS TO DEFINE MORE FULLY "AGRICULTURAL REAL PROPERTY", INCLUDING THE REQUIREMENT THAT THE AGRICULTURAL USE BE A COMMERCIAL USE AND TO PROVIDE FOR EVIDENCE OF COMMERCIAL USE; TO AMEND SECTION 12-43-232, AS AMENDED, RELATING TO OTHER CRITERIA FOR AGRICULTURAL USE PROPERTY, SO AS TO REQUIRE THAT TIMBERLAND PROPERTY MUST BE TWENTY-FIVE ACRES OR MORE AND TO DELETE THE PROVISION ALLOWING A NONTIMBERLAND TRACT THAT FAILS TO MEET THE ACREAGE OR INCOME CRITERIA TO RETAIN THE AGRICULTURAL USE CLASSIFICATION SO LONG AS IT HAS REMAINED IN THE IMMEDIATE FAMILY SINCE THAT CLASSIFICATION; TO AMEND SECTION 12-43-260, RELATING TO A COUNTY'S COMPLIANCE WITH THE PROPERTY CLASSIFICATION PROVISIONS AND BY ADDING SECTION 12-4-525, BOTH SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO REVIEW APPEALS OF PROPERTY CLASSIFICATIONS AND AUDIT SAMPLE REASSESSMENTS SO AS TO ASSURE ACCURATE RESULTS; AND TO AMEND SECTION 12-43-340, RELATING TO PENALTIES FOR FALSELY CLAIMING AGRICULTURAL USE PROPERTY, SO AS TO MAKE THE PENALTY TEN DOLLARS FOR EACH ACRE FALSELY CLAIMED.

Referred to Committee on Ways and Means

H. 3155 (Word version) -- Rep. Chalk: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO CLASSIFICATIONS OF PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO ADD A CLASSIFICATION, WITH AN ASSESSMENT OF TWO PERCENT OF ITS FAIR MARKET VALUE, FOR A LARGE UNDEVELOPED TRACT OF LAND THAT DOES NOT QUALIFY FOR CLASSIFICATION AS AGRICULTURAL USE PROPERTY.

Referred to Committee on Ways and Means

H. 3156 (Word version) -- Rep. Brady: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-52 SO AS TO PROVIDE FOR A TWENTY-FIVE PERCENT SET-ASIDE FOR GOVERNMENTAL BODIES AND LOCAL POLITICAL SUBDIVISIONS SUBJECT TO THE STATE CONSOLIDATED PROCUREMENT CODE FOR CONTRACTS FOR ENVIRONMENTALLY PREFERABLE GOODS OR SERVICES ENTERED INTO OUTSIDE OF THE PROCUREMENT CODE; AND BY ADDING SECTION 11-35-1522 SO AS TO PROVIDE FOR A FIVE PERCENT PREFERENCE FOR VENDORS OF ENVIRONMENTALLY PREFERABLE GOODS OR SERVICES IN CONNECTION WITH COMPETITIVE PROCUREMENTS SUBJECT TO THE STATE CONSOLIDATED PROCUREMENT CODE.

Referred to Committee on Ways and Means

H. 3157 (Word version) -- Rep. Whipper: A BILL TO AMEND SECTION 34-39-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION FOR LICENSURE AS A DEFERRED PRESENTMENT SERVICE, SO AS TO PROVIDE THAT THE BOARD OF FINANCIAL ADVISORS NOTIFY THE OFFICE OF THE SECRETARY OF STATE OF THE NAME AND ADDRESS OF EACH LICENSEE; TO AMEND SECTION 34-39-160, RELATING TO QUALIFICATIONS FOR LICENSURE AS A DEFERRED PRESENTMENT SERVICE, SO AS TO PROVIDE THAT THE APPLICANT MAY NOT PLACE A LICENSED LOCATION WITHIN A THREE-MILE RADIUS OF AN EXISTING LICENSED LOCATION OR THE LOCATION OF A CHECK-CASHING SERVICE; TO AMEND SECTION 34-39-180, RELATING TO RESTRICTIONS AND REQUIREMENTS FOR PRESENTMENT OR DEPOSIT, SO AS TO LIMIT THE AGGREGATE TOTAL OF ADVANCED MONIES TO ONE CUSTOMER IN ANY THIRTY-ONE DAY PERIOD TO THREE HUNDRED DOLLARS; AND TO AMEND SECTION 34-39-190, RELATING TO BOOKS, ACCOUNTS, AND RECORDS OF A DEFERRED PRESENTMENT SERVICE, SO AS TO PROVIDE THAT THEY MUST BE ACCESSIBLE BY THE DEPARTMENT OF CONSUMER AFFAIRS.

Referred to Committee on Labor, Commerce and Industry

H. 3158 (Word version) -- Rep. Whipper: A BILL TO AMEND CHAPTER 79 OF TITLE 44, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, THE "PHYSICAL FITNESS SERVICES ACT", SO AS TO DELETE A TANNING CENTER AND MARTIAL ARTS STUDIO FROM ITS APPLICABILITY, PROVIDE FOR PERMANENT CLOSURE OF A SUBJECT FACILITY AS AN EVENT ALLOWING CANCELLATION OF A CONTRACT, DEFINE "PERMANENT CLOSURE", PROVIDE FOR RETURN OF UNEARNED PAYMENTS AND ANY EVIDENCE OF INDEBTEDNESS TO THE CANCELING CUSTOMER, THAT A SUBJECT CONTRACT MUST NOT BE SOLD OR ASSIGNED WITHOUT THE CUSTOMER'S CONSENT OR REQUIRE A CUSTOMER TO AFFIRMATIVELY CANCEL THE CONTRACT TO STOP AUTOMATIC RENEWAL, THAT A CONTRACT MAY BE ON A MONTH-TO-MONTH BASIS AND MAY BE PAID FOR BY AUTOMATIC DEBITS SUBJECT TO CERTAIN LIMITATIONS, THAT A SUBJECT CONTRACT IS VOIDABLE BY THE CUSTOMER IF THE FACILITY FAILS TO OBTAIN THE REQUISITE CERTIFICATE OF AUTHORITY, AND THAT THE PROVISIONS ARE ENFORCEABLE BY THE DEPARTMENT OF CONSUMER AFFAIRS AND THE ATTORNEY GENERAL.

Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3159 (Word version) -- Rep. Gunn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-39-175 SO AS TO PROVIDE FOR A COMMON DATABASE OF DEFERRED PRESENTMENT TRANSACTIONS IMPLEMENTED BY THE CONSUMER FINANCE DIVISION OF THE BOARD OF FINANCIAL INSTITUTIONS AND ACCESSIBLE TO DEFERRED PRESENTMENT PROVIDERS TO VERIFY IF AN APPLICANT HAS AN EXISTING OR RECENTLY TERMINATED DEFERRED PRESENTMENT TRANSACTION FOR PURPOSES OF DETERMINING ELIGIBILITY TO ENTER INTO A NEW TRANSACTION, TO PROVIDE FOR THE INFORMATION REQUIRED, AND TO ALLOW A FEE UP TO ONE DOLLAR FOR SUBMITTED DATA; BY ADDING SECTION 34-39-205 SO AS TO PROHIBIT MISLEADING ADVERTISING ON THE PREMISES OF A DEFERRED PRESENTMENT PROVIDER; BY ADDING SECTION 34-39-270 SO AS TO PROHIBIT A NEW DEFERRED PRESENTMENT TRANSACTION WITH A PERSON WHO HAS AN EXISTING TRANSACTION, AN EXTENDED PAYMENT PLAN, OR HAS ENDED A TRANSACTION EARLIER THAN SEVEN DAYS FROM APPLICATION, TO PROVIDE FURTHER FOR THE SUBMISSION OF AND ACCESS TO INFORMATION IN THE COMMON DATABASE, AND TO PROVIDE FOR A FEE AND FOR CONFIDENTIALITY; BY ADDING SECTION 34-39-280 SO AS TO PROVIDE FOR AN EXTENDED PAYMENT PLAN FOR PAYMENT OF AN OUTSTANDING DEFERRED PRESENTMENT TRANSACTION AND THE REQUIRED TERMS; BY ADDING SECTION 34-39-290 SO AS TO REQUIRE AN ANNUAL REPORT OF THESE TRANSACTIONS BY THE BOARD OF FINANCIAL INSTITUTIONS TO THE GENERAL ASSEMBLY; TO AMEND SECTION 34-39-130, RELATING TO LICENSURE REQUIREMENTS IN CONNECTION WITH A PERSON ENGAGING IN THE BUSINESS OF DEFERRED PRESENTMENT SERVICES, SO AS TO PROHIBIT BUSINESS IN THIS STATE WITHOUT A LICENSE, TO FURTHER DIFFERENTIATE BETWEEN A PERSON REQUIRED TO BE LICENSED AND A BONA FIDE STATE OR FEDERALLY CHARTERED BANK, THRIFT, SAVINGS ASSOCIATION, OR CREDIT UNION, AND TO REQUIRE COMPLIANCE WITH STATE AND FEDERAL LAW WHEN ACTING FOR A THIRD PARTY LENDER; TO AMEND SECTION 34-39-150, RELATING TO APPLICATION FOR LICENSURE, SO AS TO INCREASE THE APPLICATION FEE AND ANNUAL RENEWAL FEE FROM TWO HUNDRED FIFTY DOLLARS TO FIVE HUNDRED DOLLARS AND THE MULTIPLE LOCATION FEE FROM FIFTY DOLLARS TO ONE HUNDRED DOLLARS; TO AMEND SECTION 34-39-170, RELATING TO RESTRICTIONS ON THE ADVANCEMENT OF MONIES, SO AS TO PROHIBIT AN ELECTRONIC FUNDS TRANSFER FOR AUTOMATIC PAYMENT OF A DEFERRED PRESENTMENT TRANSACTION; TO AMEND SECTION 34-39-180, RELATING TO RESTRICTIONS AND REQUIREMENTS FOR A DEFERRED PRESENTMENT TRANSACTION, SO AS TO LIMIT THE TOTAL AMOUNT ADVANCED TO THE LESSER OF FIVE HUNDRED DOLLARS OR TWENTY-FIVE PERCENT OF THE CUSTOMER'S GROSS INCOME DURING THE LOAN PERIOD, TO REQUIRE DISCLOSURE OF THE NATURE OF THE TRANSACTION AND THE CUSTOMER'S RIGHTS, TO PROHIBIT A LOAN TO A PERSON WHO IS ENGAGED IN AN EXTENDED PAYMENT PLAN, AND TO PROVIDE FOR FORMS FOR CALCULATION OF PERMISSIBLE LOAN AMOUNTS; AND TO AMEND SECTION 34-39-200, RELATING TO LIMITATIONS ON LICENSEES, SO AS TO REQUIRE COMPLIANCE WITH LAW WHEN ACTING FOR A THIRD-PARTY LENDER.

Referred to Committee on Labor, Commerce and Industry

H. 3160 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 16-17-680, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PURCHASE OF NONFERROUS METALS, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TRANSPORT NONFERROUS METALS UNDER CERTAIN CIRCUMSTANCES UNLESS THE PERSON POSSESSES A BILL OF SALE SIGNED BY CERTAIN DESIGNATED RETAIL, WHOLESALE, OR DEALERS OF CERTAIN METALS.

Referred to Committee on Judiciary

H. 3161 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 1-23-660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFICE OF MOTOR VEHICLE HEARINGS WITHIN THE ADMINISTRATIVE LAW COURT, SO AS TO REQUIRE THE OFFICE OF MOTOR VEHICLE HEARINGS TO EMPLOY CERTAIN PROFESSIONAL AND SUPPORT STAFF; AND TO AMEND SECTION 56-5-2952, AS AMENDED, RELATING TO THE FILING FEE TO REQUEST AN ADMINISTRATIVE HEARING, SO AS TO INCREASE THE FILING FEE FROM ONE HUNDRED FIFTY TO TWO HUNDRED FIFTY DOLLARS AND PROVIDE FOR THE DISTRIBUTION OF THE FILING FEE FUNDS COLLECTED.

Referred to Committee on Judiciary

H. 3162 (Word version) -- Reps. Delleney, Clemmons and Mack: A CONCURRENT RESOLUTION TO FIX NOON ON WEDNESDAY, FEBRUARY 11, 2009, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN CHIEF JUDGE OF THE COURT OF APPEALS, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIRST JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2010, AND THE SUBSEQUENT FULL TERM THAT EXPIRES JUNE 30, 2016; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE EIGHTH JUDICIAL CIRCUIT, SEAT 2, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2012; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 1, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2009, AND THE SUBSEQUENT FULL TERM THAT EXPIRES JUNE 30, 2015; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 6, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2009, AND THE SUBSEQUENT FULL TERM THAT EXPIRES JUNE 30, 2015; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 7, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 8, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 9, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 10, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE TENTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 6, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2010, AND THE SUBSEQUENT FULL TERM THAT EXPIRES JUNE 30, 2016; TO ELECT A SUCCESSOR TO A CERTAIN CHIEF JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 4, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2010, AND THE SUBSEQUENT FULL TERM THAT EXPIRES JUNE 30, 2015.

Referred to Committee on Invitations and Memorial Resolutions

H. 3163 (Word version) -- Rep. King: A BILL TO AMEND SECTION 14-25-5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF MUNICIPAL COURTS BY ORDINANCE, SO AS TO REQUIRE THE COUNCIL OF EACH MUNICIPALITY TO ESTABLISH A MUNICIPAL COURT, EMPLOY ONE OR MORE FULL-TIME MUNICIPAL JUDGES, AND MAINTAIN NORMAL BUSINESS HOURS; AND TO AMEND SECTION 14-25-25, RELATING TO THE ELIGIBILITY REQUIREMENTS OF MUNICIPAL JUDGES AND THE PROCEDURE FOR FILLING VACANCIES, SO AS TO REQUIRE A MUNICIPAL JUDGE TO BE A RESIDENT OF THE COUNTY IN WHICH THE MUNICIPALITY IS LOCATED.

Referred to Committee on Judiciary

H. 3164 (Word version) -- Rep. Bedingfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-95, SO AS TO CREATE THE OFFENSE OF UNLAWFULLY PROVIDING BEER OR WINE TO A PERSON UNDER THE AGE OF TWENTY-ONE WHEN DEATH RESULTS AND TO PROVIDE A PENALTY; AND BY ADDING SECTION 61-6-4083 SO AS TO CREATE THE OFFENSE OF UNLAWFULLY PROVIDING ALCOHOLIC LIQUORS TO A PERSON UNDER THE AGE OF TWENTY-ONE WHEN DEATH RESULTS AND TO PROVIDE A PENALTY.

Referred to Committee on Judiciary

H. 3165 (Word version) -- Rep. King: A BILL TO AMEND SECTION 63-3-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, INCLUDING JURISDICTION TO ORDER VISITATION FOR GRANDPARENTS, SO AS TO PROVIDE THAT IF THE COURT FINDS THAT THE CHILD'S PARENTS ARE DEPRIVING THE GRANDPARENT VISITATION WITH THE CHILD AND THAT IT IS IN THE CHILD'S BEST INTEREST TO HAVE VISITATION WITH THE GRANDPARENT, THE COURT MAY ORDER VISITATION UNDER CERTAIN CIRCUMSTANCES.

Referred to Committee on Judiciary

H. 3166 (Word version) -- Reps. G. M. Smith, Delleney, G. R. Smith, Clemmons and Parker: A BILL TO AMEND SECTION 24-13-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE TERM "NO PAROLE OFFENSE", SO AS TO REVISE THE DEFINITION TO INCLUDE CLASS D, E, AND F FELONIES, CLASS A, B, AND C MISDEMEANORS, AND OFFENSES CLASSIFIED AS EXEMPT WHICH ARE PUNISHABLE BY A MAXIMUM TERM OF IMPRISONMENT OF ONE YEAR OR MORE, TO PROVIDE THAT A PERSON WHO IS FOUND GUILTY OF, OR PLEADS GUILTY OR NOLO CONTENDRE TO, A "NO PAROLE OFFENSE" IS NOT ELIGIBLE FOR EARLY RELEASE FROM INCARCERATION UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE AN EXCEPTION RELATED TO THE YOUTHFUL OFFENDER ACT; AND BY ADDING CHAPTER 29 TO TITLE 14 SO AS TO ENACT THE "MIDDLE COURT PROCESSES ACT", TO REQUIRE THE CREATION AND ADMINISTRATION OF A MIDDLE COURT PROCESS IN EACH JUDICIAL CIRCUIT BY THE ATTORNEY GENERAL, TO PROVIDE FOR THE APPOINTMENT, POWERS, AND DUTIES OF A MIDDLE COURT JUDGE, TO PROVIDE REQUIREMENTS FOR AN OFFENDER TO QUALIFY FOR ADMISSION TO A MIDDLE COURT PROCESS, AND TO REQUIRE FUNDING OF THE MIDDLE COURT PROCESS BY THE GENERAL ASSEMBLY TO THE JUDICIAL DEPARTMENT, THE ATTORNEY GENERAL'S OFFICE, AND THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES.

Referred to Committee on Judiciary

H. 3167 (Word version) -- Rep. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO PROVIDE THAT COMMON LAW MARRIAGE IN THE STATE MAY NOT BE RECOGNIZED ON AND AFTER JANUARY 1, 2010, AND TO PROVIDE AN EXCEPTION FOR A COMMON LAW MARRIAGE EXISTING AS OF DECEMBER 31, 2009; AND TO REPEAL SECTION 20-1-360 RELATING TO THE VALIDITY OF A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.

Referred to Committee on Judiciary

H. 3168 (Word version) -- Rep. Whipper: A BILL TO AMEND SECTION 15-78-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA TORT CLAIMS ACT AND INSTITUTING AN ACTION, SO AS TO PROVIDE THAT CERTAIN CAUSES OF ACTION MUST BE FILED IN MAGISTRATES COURT; TO AMEND SECTION 15-78-120, RELATING TO LIMITATIONS ON LIABILITY, THE PROHIBITION AGAINST THE RECOVERY OF CERTAIN DAMAGES, AND THE REQUIREMENT OF AN ATTORNEY'S SIGNATURE ON CERTAIN DOCUMENTS, SO AS TO PROVIDE THAT A STATE AGENCY OR POLITICAL SUBDIVISION MAY BE REPRESENTED BY CERTAIN DELINEATED REPRESENTATIVES; AND TO AMEND SECTION 22-3-20, RELATING TO CIVIL ACTIONS IN WHICH A MAGISTRATE DOES NOT HAVE JURISDICTION, SO AS TO MAKE CONFORMING CHANGES.

Referred to Committee on Judiciary

H. 3169 (Word version) -- Rep. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 18 TO CHAPTER 3, TITLE 16 SO AS TO PROVIDE PENALTIES FOR A PERSON CONVICTED OF A CRIME CONTAINED IN THIS CHAPTER WITH THE INTENT TO ASSAULT, INTIMIDATE, OR THREATEN A PERSON BECAUSE OF HIS RACE, RELIGION, COLOR, SEX, AGE, NATIONAL ORIGIN, OR SEXUAL ORIENTATION; AND TO AMEND SECTIONS 16-11-510 AND 16-11-520, RELATING TO MALICIOUS INJURY TO PERSONAL AND REAL PROPERTY, SO AS TO REVISE THE PENALTIES FOR MALICIOUS INJURY TO REAL PROPERTY OFFENSES AND TO PROVIDE ADDITIONAL PENALTIES FOR PERSONS WHO MALICIOUSLY INJURE PERSONAL OR REAL PROPERTY OF ANOTHER PERSON WITH THE INTENT TO ASSAULT, INTIMIDATE, OR THREATEN THAT PERSON.

Referred to Committee on Judiciary

H. 3170 (Word version) -- Rep. Gunn: A JOINT RESOLUTION TO CREATE THE JOINT ELECTRONIC HEALTH INFORMATION STUDY COMMITTEE TO EXAMINE THE FEASIBILITY OF INCREASING THE USE OF HEALTH INFORMATION TECHNOLOGY AND ELECTRONIC PERSONAL HEALTH RECORDS, TO PROVIDE FOR THE STUDY COMMITTEE'S MEMBERSHIP, AND TO REQUIRE THE STUDY COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2010, AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.

Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3171 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND THE CODE OF LAWS, 1976, BY ADDING ARTICLE 7 TO CHAPTER 5, TITLE 63 SO AS TO ENACT THE "MILITARY PARENT EQUAL PROTECTION ACT", TO PROVIDE THAT A MILITARY PARENT'S MILITARY SERVICE SHALL NOT BE CONSIDERED A CHANGE IN CIRCUMSTANCE FOR PURPOSES OF CHILD CUSTODY AND VISITATION, TO PROVIDE THAT THE CUSTODIAL NONMILITARY PARENT MUST REASONABLY ACCOMMODATE THE MILITARY PARENT'S LEAVE SCHEDULE, TO PROVIDE THAT THE FAMILY COURT MAY HOLD AN EXPEDITED TEMPORARY HEARING TO ENSURE THAT THE MILITARY PARENT HAS ACCESS TO A MINOR CHILD, AND TO PROVIDE THAT AN INCREASE OR DECREASE IN EARNING CAPACITY DUE TO MILITARY SERVICE IS NOT CONSIDERED A PERMANENT CHANGE; AND BY ADDING SECTION 15-1-340 SO AS TO PROVIDE THAT A SERVICE MEMBER ENTITLED TO A STAY PURSUANT TO THE SERVICE MEMBERS CIVIL RELIEF ACT MAY SEEK RELIEF AND PROVIDE TESTIMONY BY ELECTRONIC MEANS UNDER CERTAIN CONDITIONS.

Referred to Committee on Judiciary

H. 3172 (Word version) -- Rep. Whipper: A BILL TO AMEND SECTION 8-27-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL ACTIONS AGAINST AN EMPLOYING PUBLIC BODY FOR RETALIATION AGAINST AN EMPLOYEE WHO REPORTS A VIOLATION OF STATE OR FEDERAL LAW OR REGULATION, SO AS TO CHANGE THE MAXIMUM AMOUNT OF ACTUAL DAMAGES AN EMPLOYEE MAY RECOVER FROM FIFTEEN THOUSAND DOLLARS TO THREE HUNDRED THOUSAND DOLLARS AND TO REMOVE THE LIMIT ON THE AMOUNT OF ATTORNEY FEES THAT A COURT MAY AWARD.

Referred to Committee on Judiciary

H. 3173 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 8-13-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF CAMPAIGN PRACTICES, SO AS TO PROVIDE THAT ANYTHING OF VALUE GIVEN TO MAKE COMMUNICATIONS MORE THAN FORTY-FIVE DAYS BEFORE AN ELECTION TO INFLUENCE THE OUTCOME OF AN ELECTED OFFICE IS SUBJECT TO THE PROVISIONS OF SECTIONS 8-13-1302 AND 8-13-1308.

Referred to Committee on Judiciary

H. 3174 (Word version) -- Rep. Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-32 SO AS TO MAKE IT AN UNFAIR TRADE PRACTICE TO ADVERTISE A PRICE FOR A PRODUCT THAT REFLECTS A DISCOUNT REQUIRING A BUYER TO SUBMIT A COUPON TO THE MANUFACTURER FOR A CASH REBATE IN ORDER TO OBTAIN THE ADVERTISED PRICE, AND TO PROVIDE FOR A CIVIL CAUSE OF ACTION FOR VIOLATION OF THIS SECTION.

Referred to Committee on Labor, Commerce and Industry

H. 3175 (Word version) -- Rep. G. R. Smith: A BILL TO AMEND SECTION 59-40-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMISSION TO A CHARTER SCHOOL, SO AS TO PROVIDE THAT ENROLLMENT PRIORITY MAY BE GIVEN TO A SIBLING OF A PUPIL ALREADY ENROLLED IN THE CHARTER SCHOOL WHO HAS ATTENDED THE SCHOOL FOR ONE YEAR OR MORE.

Referred to Committee on Education and Public Works

H. 3176 (Word version) -- Rep. G. R. Smith: A BILL AN ACT TO PROVIDE THAT THE GREENVILLE COUNTY SCHOOL DISTRICT MAY NOT DENY A CHARTER SCHOOL, CHARTER SCHOOL TEACHER, OR CHARTER SCHOOL STUDENT ANYTHING THAT IS OTHERWISE AVAILABLE TO A PUBLIC SCHOOL, PUBLIC SCHOOL TEACHER, OR PUBLIC SCHOOL STUDENT; TO PROVIDE THAT THE LOCAL SCHOOL DISTRICT OF A CHARTER SCHOOL IN GREENVILLE COUNTY MAY NOT CHARGE RENT TO A CHARTER SCHOOL THAT WAS CONVERTED FROM AN EXISTING PUBLIC SCHOOL; TO PROVIDE THAT A CHARTER SCHOOL MAY APPLY FOR GRANTS ON ITS OWN; TO PROVIDE THAT A TEACHER IN A CHARTER SCHOOL IN GREENVILLE COUNTY MAY BE NOMINATED AND CONSIDERED AS A CANDIDATE FOR TEACHER OF THE YEAR; AND TO PROVIDE THAT A STUDENT AT A CHARTER SCHOOL IN GREENVILLE COUNTY MAY RECEIVE A LAURA BROWN FUND GRANT.

Referred to Greenville Delegation

H. 3177 (Word version) -- Rep. G. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-40-55 SO AS TO PROVIDE THAT A LOCAL SCHOOL DISTRICT MAY NOT DENY A CHARTER SCHOOL, CHARTER SCHOOL TEACHER, OR CHARTER SCHOOL STUDENT ANYTHING THAT IS OTHERWISE AVAILABLE TO A PUBLIC SCHOOL, PUBLIC SCHOOL TEACHER, OR PUBLIC SCHOOL STUDENT; TO PROVIDE THAT A LOCAL SCHOOL DISTRICT OF A CHARTER SCHOOL MAY NOT CHARGE RENT TO A CHARTER SCHOOL THAT WAS CONVERTED FROM AN EXISTING PUBLIC SCHOOL; TO PROVIDE THAT A CHARTER SCHOOL MAY APPLY FOR GRANTS ON ITS OWN; TO PROVIDE THAT A TEACHER IN A CHARTER SCHOOL MAY BE NOMINATED AND CONSIDERED AS A CANDIDATE FOR TEACHER OF THE YEAR; AND TO PROVIDE THAT A STUDENT AT A CHARTER SCHOOL MAY RECEIVE A LAURA BROWN FUND GRANT.

Referred to Committee on Education and Public Works

H. 3178 (Word version) -- Rep. Littlejohn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-112-140 SO AS TO PROVIDE THAT THE UNIVERSITY OF SOUTH CAROLINA UPSTATE MAY OFFER IN-STATE TUITION TO A STUDENT WHO IS A LEGAL RESIDENT OF RUTHERFORD COUNTY, POLK COUNTY, HENDERSON COUNTY, OR TRANSYLVANIA COUNTY AS LONG AS THE NORTH CAROLINA HIGHER EDUCATION GOVERNING AUTHORITY OFFERS IN-STATE TUITION TO A STUDENT WHO IS A LEGAL RESIDENT OF SPARTANBURG COUNTY OR GREENVILLE COUNTY.

Referred to Committee on Education and Public Works

H. 3179 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-10-400 SO AS TO ENACT THE "SOUTH CAROLINA FARM TO SCHOOL PROGRAM ACT", TO PROVIDE FOR THE CREATION OF THE SOUTH CAROLINA FARM TO SCHOOL PROGRAM, TO PROVIDE FOR THE DUTIES OF ITS DIRECTOR, AND TO ESTABLISH A WEBSITE DEDICATED TO PROGRAM INITIATIVES.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3180 (Word version) -- Rep. Govan: A BILL TO AMEND SECTION 59-1-425, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BEGINNING AND LENGTH OF THE SCHOOL TERM, SO AS TO PROVIDE THAT A SCHOOL DISTRICT MAY PROPOSE AN ALTERNATIVE SCHOOL SCHEDULE PLAN THAT PROVIDES FOR THE OPERATION OF SCHOOLS ON A FOUR-DAY WEEKLY CALENDAR.

Referred to Committee on Education and Public Works

H. 3181 (Word version) -- Rep. Clemmons: A BILL TO AMEND CHAPTER 20, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION FINANCE ACT OF 1977, SO AS TO REVISE THE MANNER IN WHICH WEIGHTINGS USED TO PROVIDE FOR RELATIVE COST DIFFERENCES BETWEEN STUDENTS ARE DETERMINED, REVISE THE MANNER IN WHICH SCHOOL DISTRICT FUNDING UNDER THIS ACT IS DISTRIBUTED, INCLUDING ELIMINATING THE INDEX OF TAXPAYING ABILITY, RENAMING "BASE STUDENT COST" AS "WEIGHTED STUDENT COST", AND MODIFYING THE FORMULA FOR COMPUTING WEIGHTED STUDENT COST, AND TO REQUIRE THE GENERAL ASSEMBLY BEGINNING WITH FISCAL YEAR 2010-2011 TO PROVIDE ALLOCATIONS TO SCHOOL DISTRICTS BASED ON THE FULL AMOUNT OF WEIGHTED STUDENT COST DETERMINED UNDER THIS CHAPTER; TO ADD ARTICLE 7 TO CHAPTER 69, TITLE 59 SO AS TO PROVIDE THAT ALLOCATIONS MADE TO SCHOOL DISTRICTS UNDER THE EDUCATION IMPROVEMENT ACT MUST BE DISBURSED DIRECTLY TO INDIVIDUAL SCHOOLS WITHOUT REGARD TO DESIGNATED PURPOSE IN THE SAME MANNER AND FORMULA AS CONTAINED IN THE EDUCATION FINANCE ACT, AND TO REPEAL SECTIONS 4-10-810 AND 59-21-1030 RELATING TO THE LEVEL OF FINANCIAL EFFORT PER PUPIL REQUIRED OF SCHOOL DISTRICTS.

Referred to Committee on Ways and Means

H. 3182 (Word version) -- Rep. J. R. Smith: A BILL TO AMEND SECTION 63-3-850, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION OF A GUARDIAN AD LITEM, SO AS TO PROVIDE A PARTY WHO IS INDIGENT MAY NOT BE REQUIRED TO PAY A GUARDIAN AD LITEM FEE.

Referred to Committee on Judiciary

H. 3183 (Word version) -- Rep. M. A. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-29-110 SO AS TO AUTHORIZE PUBLICATION OF A CERTAIN PUBLIC NOTICE, LEGAL NOTICE, OR ADVERTISEMENT THROUGH A PUBLIC NOTICE WEBSITE, AND TO ESTABLISH CERTAIN REQUIREMENTS AND PROCEDURES FOR A PUBLIC NOTICE WEBSITE PROVIDER.

Referred to Committee on Judiciary

H. 3184 (Word version) -- Rep. Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-147 SO AS TO REQUIRE A RETAIL FOOD ESTABLISHMENT SEMI-ANNUALLY SCREEN ITS EMPLOYEES TO DETERMINE IF AN EMPLOYEE HAS A COMMUNICABLE DISEASE THAT CAN BE TRANSMITTED BY FOOD OR CARRIES AN ORGANISM THAT CAUSES A COMMUNICABLE DISEASE THAT CAN BE CARRIED BY FOOD, MAY NOT EMPLOY SUCH A PERSON IN A MANNER IN WHICH THERE IS A LIKELIHOOD OF THE PERSON CONTAMINATING FOOD OR FOOD-CONTACT SURFACES WITH PATHOGENIC ORGANISMS OR TRANSMITTING A COMMUNICABLE DISEASE TO OTHER PEOPLE, AND TO MAINTAIN DOCUMENTATION OF ITS EMPLOYEE SCREENING RESULTS FOR A PERIOD OF FIVE YEARS; TO AMEND SECTION 45-4-40, RELATING TO STANDARDS FOR FOOD PRODUCTS AND HYGIENE PRACTICES FOR INNKEEPERS AND EMPLOYEES, SO AS TO PROVIDE AN INNKEEPER SEMI-ANNUALLY MUST SCREEN HIS EMPLOYEES AND HIMSELF TO DETERMINE IF AN EMPLOYEE OR HE HAS A COMMUNICABLE DISEASE THAT CAN BE TRANSMITTED BY FOOD OR CARRIES AN ORGANISM THAT CAUSES A COMMUNICABLE DISEASE THAT CAN BE CARRIED BY FOOD, MAY NOT EMPLOY SUCH A PERSON IN A MANNER IN WHICH THERE IS A LIKELIHOOD OF THE PERSON CONTAMINATING FOOD OR FOOD-CONTACT SURFACES WITH PATHOGENIC ORGANISMS OR TRANSMITTING A COMMUNICABLE DISEASE TO OTHER PEOPLE OR ACT IN SUCH A MANNER HIMSELF, AND SHALL MAINTAIN DOCUMENTATION OF ITS EMPLOYEE SCREENING RESULTS FOR A PERIOD OF FIVE YEARS.

Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3185 (Word version) -- Rep. Viers: A BILL TO AMEND SECTION 44-29-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTING OF CERTAIN CONTAGIOUS AND INFECTIOUS DISEASES, SO AS TO PROVIDE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL INCLUDE THE PARASITE CYSTICERCOSIS AMONG THE DISEASES IT CONSIDERS CONTAGIOUS AND INFECTIOUS, DESIGNATES FOR MANDATORY REPORTING BY PHYSICIANS, AND OTHERWISE REPORTS IN THE OFFICIAL LIST OF REPORTABLE CONDITIONS ISSUED BY THE BUREAU OF DISEASE CONTROL.

Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3186 (Word version) -- Rep. Chalk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 70 TO TITLE 44 SO AS TO CREATE THE LICENSURE OF IN-HOME CARE PROVIDER ACT, TO PROVIDE CERTAIN DEFINITIONS; TO PROVIDE AN IN-HOME CARE PROVIDER MUST APPLY FOR AND OBTAIN A LICENSE ISSUED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO PROVIDE THE DEPARTMENT SHALL PROMULGATE REGULATIONS FOR THE LICENSURE OF AN IN-HOME CARE PROVIDER, INCLUDING SPECIFIC REGULATIONS; TO PROVIDE SPECIFIC FEATURES OF AN IN-HOME CARE PROVIDER LICENSE; AND TO PROVIDE A FEE ESTABLISHED BY THIS CHAPTER MUST BE REMITTED TO THE DEPARTMENT IN A SEPARATE AND DISTINCT ACCOUNT AND EXCLUSIVELY MUST BE USED TO SUPPORT ACTIVITIES PURSUANT TO THIS CHAPTER.

Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3187 (Word version) -- Rep. Chalk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-5-26 SO AS TO DEFINE THE TERM "LANDSCAPE SERVICE" AND TO PROVIDE THAT A PERSON WHO PROVIDES A LANDSCAPE SERVICE ON A PARCEL OR REAL ESTATE BY VIRTUE OF AN AGREEMENT WITH THE OWNER OF THE REAL ESTATE, AND TO WHOM A DEBT IS DUE FOR HIS PERFORMANCE OF THE LANDSCAPING SERVICE, HAS A MECHANICS' LIEN ON THE REAL ESTATE TO SECURE PAYMENT OF DEBT DUE TO HIM.

Referred to Committee on Labor, Commerce and Industry

H. 3188 (Word version) -- Rep. Skelton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-43-395 SO AS TO PROVIDE A PERSON MAY EXPLORE THE ECONOMIC FEASIBILITY OF DRILLING AND PRODUCING OIL OR NATURAL GAS IN THE ATLANTIC OCEAN WITHIN THE TERRITORIAL JURISDICTION OF THIS STATE BY SURVEYING A PROSPECTIVE OFFSHORE DRILLING AND PRODUCTION SITE, IF HE OBTAINS AN APPLICABLE EXPLORATION PERMIT FROM THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, AND TO PROVIDE A PERSON WHO CONSEQUENTLY DEMONSTRATES THIS ECONOMIC VIABILITY TO THE DEPARTMENT MAY DRILL FOR AND PRODUCE OIL OR NATURAL GAS AT THAT SITE, SUBJECT TO CERTAIN PERMITTING AND OTHER REQUIREMENTS.

Referred to Committee on Labor, Commerce and Industry

H. 3189 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 8-13-1314, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN CONTRIBUTION LIMITS AND RESTRICTIONS, SO AS TO PROVIDE CLOSELY-HELD BUSINESS ENTITIES UNDER SHARED CONTROL MUST BE HELD TO A SINGLE, MAXIMUM AGGREGATE CAMPAIGN CONTRIBUTION LIMIT.

Referred to Committee on Judiciary

H. 3190 (Word version) -- Rep. Delleney: A BILL TO AMEND SECTION 63-3-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF FAMILY COURT AND PROBATE COURT, SO AS TO PROVIDE FAMILY COURT HAS EXCLUSIVE JURISDICTION TO INTERPRET A PRENUPTIAL AGREEMENT, AND MAY APPROVE A PRENUPTIAL AGREEMENT PRIOR TO A MARRIAGE.

Referred to Committee on Judiciary

H. 3191 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 59-40-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVIEW OF CHARTER SCHOOL APPLICATIONS, SO AS TO PROVIDE THAT A LOCAL SCHOOL BOARD MUST PUBLISH NOTICE OF A PUBLIC HEARING FOR THE APPROVAL OF A PROPOSED CHARTER SCHOOL TO BE HELD WITHIN THIRTY DAYS OF RECEIPT OF THE APPLICATION, AND TO PROVIDE THAT THE CHARTER SCHOOL MAY BE REPRESENTED BY COUNSEL, MAY PRESENT EVIDENCE, AND MAY CROSS EXAMINE WITNESSES AT THE HEARING.

Referred to Committee on Education and Public Works

H. 3192 (Word version) -- Rep. Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 1 SO AS TO ESTABLISH THE SOUTH CAROLINA SUNSET COMMISSION AND A SUNSET REVIEW DIVISION OF THE LEGISLATIVE AUDIT COUNCIL, TO ESTABLISH PROCEDURES PROVIDING FOR THE MANNER IN WHICH THE PROGRAMS OF CERTAIN AGENCIES AND DEPARTMENTS OF STATE GOVERNMENT MUST BE EVALUATED TO DETERMINE IF THEY SHOULD BE CONTINUED IN EXISTENCE, MODIFIED, OR TERMINATED, AND TO ESTABLISH THE PROCEDURES BY WHICH THESE PROGRAMS MUST BE CONTINUED, MODIFIED, OR TERMINATED.

Referred to Committee on Judiciary

H. 3193 (Word version) -- Rep. Huggins: A BILL TO AMEND SECTION 44-79-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT CONTRACT REQUIREMENTS FOR PHYSICAL FITNESS SERVICES, SO AS TO PROVIDE A CONTRACT IS NOT REQUIRED FOR CERTAIN PERSONAL TRAINING SERVICES RENDERED ON AN HOURLY BASIS UNLESS PART OF A PACKAGE OF ONE THOUSAND DOLLARS OR MORE.

Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3194 (Word version) -- Rep. Duncan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-43-397 SO AS TO DEFINE THE TERM OFFSHORE DRILLING, TO PROVIDE PORTIONS OF LEASE OR ROYALTY PAYMENTS PAID BY PERSONS PERMITTED TO ENGAGE IN OFFSHORE DRILLING IN THE ATLANTIC OCEAN WITHIN THE TERRITORIAL WATERS OF SOUTH CAROLINA AND THAT ACCRUE TO THE BENEFIT OF THIS STATE MUST BE ALLOCATED AND EXPENDED IN A CERTAIN MANNER.

Referred to Committee on Labor, Commerce and Industry

H. 3195 (Word version) -- Rep. R. L. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-506 SO AS TO PROVIDE IT IS ILLEGAL FOR A PERSON ENGAGED IN THE BUSINESS OF SELLING TOBACCO PRODUCTS TO SHIP OR TRANSPORT A CIGARETTE TO A PERSON IN THIS STATE WHO IS NOT A LAWFUL RECIPIENT, TO DEFINE A LAWFUL RECIPIENT, TO REQUIRE PROOF OF AGE BY A LAWFUL RECIPIENT, AND TO IMPOSE CIVIL PENALTIES FOR VIOLATIONS.

Referred to Committee on Judiciary

H. 3196 (Word version) -- Rep. A. D. Young: A BILL TO AMEND SECTION 2-19-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCESS OF DETERMINING JUDICIAL CANDIDATES BY THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REMOVE THE LIMITATION THAT THE COMMISSION MAY NOMINATE ONLY THREE CANDIDATES, AND TO REQUIRE THAT THE COMMISSION INSTEAD RELEASE A LIST OF THE NAMES OF ALL CANDIDATES THE COMMISSION FINDS QUALIFIED FOR OFFICE.

Referred to Committee on Judiciary

H. 3197 (Word version) -- Rep. Lucas: A BILL TO AMEND SECTION 44-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUPERVISION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL BY THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO DELETE REFERENCES TO THE BOARD AND INSTEAD PROVIDE THE DEPARTMENT MUST BE MANAGED AND OPERATED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE AND SUBJECT TO REMOVAL BY THE GOVERNOR; TO AMEND SECTIONS 44-1-40, 44-1-50, AS AMENDED, 44-1-60, 44-1-70, 44-1-80, AS AMENDED, 44-1-280, 44-2-130, AS AMENDED, 44-7-130, 44-7-150, 44-7-180, 44-7-190, 44-7-200, 44-7-210, 44-7-220, 44-7-230, 44-7-320, 44-7-370, 44-29-150, 44-29-210, 44-53-280, 44-53-290, 44-53-310, 44-53-360, AS AMENDED, 44-53-740, 44-55-20, 44-55-30, 44-55-40, 44-55-45, 44-55-50, 44-55-60, 44-55-70, 44-55-120, AS AMENDED, 44-55-2320, 44-55-2360, 44-56-20, 44-56-30, 44-56-100, 44-56-130, 44-56-440, AS AMENDED, 44-61-20, AS AMENDED, 44-61-30, AS AMENDED, 44-61-40, AS AMENDED, 44-61-50, AS AMENDED, 44-61-60, AS AMENDED, 44-61-70, AS AMENDED, 44-61-80, AS AMENDED, 44-61-130, AS AMENDED, 44-61-150, AS AMENDED, 44-63-110, 44-67-30, 44-67-40, 44-67-120, 44-69-20, 44-69-30, 44-69-50, 44-71-20, 44-75-20, 44-75-30, 44-75-40, 44-89-30, 44-93-20, 44-93-150, 44-96-100, 44-96-440, 44-96-450, 48-2-340, 48-18-20, 48-39-280, 48-43-10, 48-43-30, 48-43-50, 48-43-60, 48-43-510, AND 48-55-10, ALL RELATING TO VARIOUS DEPARTMENT PROVISIONS, SO AS TO CONFORM THEM TO THE REPLACEMENT OF THE BOARD WITH THE DIRECTOR.

Referred to Committee on Judiciary

H. 3198 (Word version) -- Reps. Delleney, Nanney, Simrill, G. R. Smith, G. M. Smith and Lucas: A BILL TO AMEND SECTION 44-41-330, AS AMENDED CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREREQUISITES FOR THE PERFORMANCE OF AN ABORTION, INFORMATION TO BE PROVIDED, CERTIFICATION, WAITING PERIOD, SPECIAL PROVISIONS FOR MINORS OR MENTALLY INCOMPETENT PERSONS, RETENTION OF RECORDS, AND UNAVAILABILITY OF RECORDS, SO AS TO PROVIDE THAT A PHYSICIAN WHO PERFORMS AN ULTRASOUND PRIOR TO PERFORMING AN ABORTION MUST INFORM THE WOMAN OF THE PROBABLE GESTATIONAL AGE OF THE EMBRYO OR FETUS AND THAT THE WOMAN HAS THE RIGHT TO VIEW THE ULTRASOUND IMAGES; TO PROVIDE THAT UPON REQUEST THE PHYSICIAN MUST SHOW THE IMAGES TO THE WOMAN AND PROVIDE A MEDICAL EXPLANATION OF THE IMAGES, INCLUDING THE PRESENCE OF ORGANS AND EXTERNAL MEMBERS; TO PROVIDE THAT THE WOMAN MUST CERTIFY IN WRITING BEFORE THE ABORTION IS PERFORMED THAT SHE HAS BEEN INFORMED OF HER RIGHT TO VIEW THE IMAGES; TO PROVIDE THAT AN ABORTION MAY NOT BE PERFORMED SOONER THAN ONE HOUR AFTER AN ULTRASOUND IS PERFORMED; TO PROVIDE THAT THE PARENTS OF AN UNEMANCIPATED MINOR MUST MAKE THE CERTIFICATION REGARDING, AMONG OTHER THINGS, THE RIGHT TO VIEW ULTRASOUND IMAGES; AND TO FURTHER PROVIDE THAT THE PROVISIONS RELATING TO VIEWING ULTRASOUND IMAGES DO NOT APPLY TO A PERSON ADJUDICATED TO BE INCOMPETENT; AND TO AMEND SECTION 44-41-340, RELATING TO MATERIALS THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST PUBLISH REGARDING ABORTIONS AND ASSISTANCE FOR PREGNANT WOMEN, SO AS TO REQUIRE THAT THE MATERIAL INCLUDE A LIST OF FACILITIES THAT PROVIDE ULTRASOUNDS FREE OF CHARGE.

Referred to Committee on Judiciary

H. 3199 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 1-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENTS IN THE EXECUTIVE BRANCH OF STATE GOVERNMENT, TO ENACT THE BEHAVIORAL HEALTH SERVICES ACT OF 2009, SO AS TO ADD THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES AND TO DELETE THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES AND THE DEPARTMENT OF MENTAL HEALTH; TO AMEND SECTION 1-30-20, RELATING TO AGENCIES PREVIOUSLY TRANSFERRED TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, SO AS TO PROVIDE THAT THE POWER AND DUTIES OF THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES ARE TRANSFERRED TO AND DEVOLVED UPON THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES, DIVISION OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; TO AMEND SECTION 1-30-70, RELATING TO AGENCIES PREVIOUSLY TRANSFERRED TO THE DEPARTMENT OF MENTAL HEALTH, SO AS TO PROVIDE THAT THE POWERS AND DUTIES OF THE DEPARTMENT OF MENTAL HEALTH ARE TRANSFERRED TO AND DEVOLVED UPON THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES, DIVISION OF MENTAL HEALTH; BY ADDING SECTION 1-30-72 SO AS TO PLACE THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES UNDER THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES; BY ADDING CHAPTER 8 TO TITLE 44 SO AS TO CREATE THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES COMPRISED OF THE DIVISION OF ALCOHOL AND OTHER DRUG ABUSE SERVICES AND THE DIVISION OF MENTAL HEALTH AND TO PROVIDE FOR THE DEPARTMENT'S POWERS AND DUTIES, INCLUDING DEVELOPING AND IMPLEMENTING A STATE PLAN FOR THE COORDINATED CARE AND UNIFIED DELIVERY OF BEHAVIORAL HEALTH SERVICES AND OVERSEEING THE ADMINISTRATION AND DELIVERY OF BEHAVIORAL HEALTH SERVICES; TO AMEND CHAPTERS 9, 11, 13, and 15 OF TITLE 44, RELATING, AMONG OTHER THINGS, TO THE ORGANIZATION AND OPERATION OF THE DEPARTMENT OF MENTAL HEALTH AND ITS FACILITIES, THE SOUTH CAROLINA MENTAL HEALTH COMMISSION, AND LOCAL MENTAL HEALTH PROGRAMS AND BOARDS, SO AS TO CONFORM THESE CHAPTERS TO THE PROVISIONS OF THIS ACT AND TO PROVIDE THAT THE MENTAL HEALTH COMMISSION IS AN ADVISORY BOARD TO THE DIVISION OF MENTAL HEALTH; TO AMEND CHAPTER 49, TITLE 44, RELATING TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, SO AS TO CONFORM THIS CHAPTER TO THE PROVISIONS OF THIS ACT AND TO CREATE AN ADVISORY BOARD TO THE DIVISION; AND TO AMEND SECTIONS 44-52-10, 44-52-165, 44-52-200, AND 44-52-210, RELATING, AMONG OTHER THINGS, TO ALCOHOL AND DRUG ABUSE COMMITMENTS AND PROGRAMS FOR CHEMICALLY DEPENDENT PERSONS, SO AS TO CONFORM THESE SECTIONS TO THE PROVISIONS OF THIS ACT

Referred to Committee on Judiciary

H. 3200 (Word version) -- Rep. Funderburk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 96, TITLE 44, SO AS TO ENACT THE "ELECTRONICS RECYCLING ACT", AND TO PROVIDE FOR THE RECYCLING OF CERTAIN ELECTRONIC DEVICES, TO REQUIRE MANUFACTURERS OF THESE DEVICES TO REGISTER WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO PAY REGISTRATION FEES TO FUND THE ADMINISTRATION OF THIS ARTICLE, AND TO PAY FEES TO FUND THE TRANSPORTATION AND RECYCLING OF THESE DEVICES, TO PROHIBIT MANUFACTURERS OF THESE DEVICES FROM SELLING THEM IN THIS STATE UNLESS THE MANUFACTURER IS REGISTERED AND IN COMPLIANCE WITH THIS ARTICLE, TO AUTHORIZE AND ESTABLISH REQUIREMENTS FOR PRIVATE RECYCLING PROGRAMS FOR THESE ELECTRONIC DEVICES, TO REQUIRE THAT ELECTRONIC RECYCLING INFORMATION BE PROVIDED TO CONSUMERS OF THESE DEVICES, AND TO PROHIBIT AFTER DECEMBER 31, 2013 THE DISPOSAL OF THESE ELECTRONIC DEVICES IN SOLID WASTE DISPOSAL FACILITIES.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3201 (Word version) -- Rep. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-19-1050 SO AS TO PROVIDE THAT A CHILD OR THE CHILD'S PARENT OR GUARDIAN MAY NOT WAIVE THE CHILD'S RIGHT TO COUNSEL WHEN THE FAMILY COURT PROCEEDING MAY RESULT IN DETENTION OR CONFINEMENT OF THE CHILD; AND TO AMEND SECTIONS 63-19-830 AND 63-19-1030, RELATING TO FAMILY COURT DETENTION HEARINGS AND PREHEARING INQUIRIES AND INVESTIGATIONS, RESPECTIVELY, BOTH SO AS TO DELETE PROVISIONS ALLOWING A CHILD TO WAIVE THE RIGHT TO COUNSEL UNDER CERTAIN CIRCUMSTANCES.

Referred to Committee on Judiciary

H. 3202 (Word version) -- Rep. Brady: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-490 SO AS TO REQUIRE THE DEPARTMENT OF EDUCATION TO DEVELOP A MODEL DATING VIOLENCE POLICY TO ASSIST SCHOOL DISTRICTS IN DEVELOPING SUCH POLICIES, TO REQUIRE THE POLICY TO BE PUBLISHED IN SCHOOL DISTRICTS AND SCHOOL HANDBOOKS, TO REQUIRE EACH DISTRICT TO PROVIDE DATING VIOLENCE TRAINING ANNUALLY TO ADMINISTRATORS, TEACHERS, NURSES, GUIDANCE COUNSELORS, AND SOCIAL WORKERS, AND TO REQUIRE SCHOOL DISTRICTS TO INFORM THE PARENTS OF STUDENTS OF THIS POLICY; AND BY ADDING SECTION 59-32-100 SO AS TO REQUIRE EACH SCHOOL DISTRICT ANNUALLY TO INCLUDE DATING VIOLENCE EDUCATION IN ITS COMPREHENSIVE HEALTH EDUCATION CURRICULUM, TO PROVIDE THAT THE DEPARTMENT SHALL REVIEW AND APPROVE GRADE LEVEL TOPICS RELATING TO DATING VIOLENCE AND HEALTHY RELATIONSHIPS; AND TO REQUIRE A SCHOOL, UPON REQUEST, TO PERMIT THE PARENT OR GUARDIAN OF A STUDENT TO EXAMINE THE DATING VIOLENCE EDUCATION PROGRAM INSTRUCTION MATERIALS.

Referred to Committee on Education and Public Works

H. 3203 (Word version) -- Reps. Brady, Harrison, J. E. Smith, Battle and Simrill: A BILL TO AMEND ARTICLE 4, CHAPTER 56, TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRYCLEANING FACILITY RESTORATION TRUST FUND, SO AS, AMONG OTHER THINGS, TO FURTHER SPECIFY THAT WHOLESALE DRYCLEANING FACILITIES ARE SUBJECT TO THE PROVISIONS OF THIS ARTICLE AND ARE ELIGIBLE TO SEEK RESTORATION ASSISTANCE UNDER THIS ARTICLE; TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO USE FUNDS, OTHER THAN FUNDS FROM THE DRYCLEANING FACILITY RESTORATION TRUST FUND, IF AN EMERGENCY EXISTS AND FUNDS ARE NOT AVAILABLE FROM THE TRUST FUND AND TO FURTHER PROVIDE THAT THESE FUNDS MUST BE REPAID FROM THE TRUST FUND; TO PROVIDE EXEMPTIONS FROM THE ENVIRONMENTAL SURCHARGE IMPOSED ON THE GROSS PROCEEDS OF SALES OF RETAIL DRYCLEANING FACILITIES, INCLUDING AN EXEMPTION FOR WHOLESALE SALES OF DRYCLEANING SERVICES; TO FURTHER PROVIDE FOR ELIGIBILITY REQUIREMENTS AND DETERMINATIONS AND PROCEDURES FOR REQUESTING AND ISSUING RESTORATION ASSISTANCE, INCLUDING OBTAINING SECONDARY ASSESSMENTS AND THE AMOUNT OF DEDUCTIBLES; TO PROVIDE INITIAL AND ANNUAL REGISTRATION FEES FOR DRYCLEANING FACILITIES ESTABLISHED AFTER OCTOBER 1, 1995 AND TO AUTHORIZE THE PROPERTY OWNER TO REGISTER A FACILITY IF THE OWNER OR OPERATOR OF THE FACILITY DOES NOT; TO PROVIDE FOR THE ISSUANCE OF CERTIFICATES OF REGISTRATION, TO REQUIRE PRESENTATION OF SUCH CERTIFICATES IN ORDER TO PURCHASE DRYCLEANING SOLVENTS, TO PROHIBIT A SUPPLY FACILITY, OR OTHER DRYCLEANING FACILITY, FROM SELLING DRYCLEANING SOLVENT TO A DRYCLEANING FACILITY IF THE FACILITY DOES NOT POSSESS A CERTIFICATE, AND TO PROVIDE CIVIL PENALTIES; TO SPECIFY REQUIREMENTS FOR A DRYCLEANING FACILITY EXEMPTION CERTIFICATE; AND TO REVISE THE MEMBERSHIP OF THE DRYCLEANING ADVISORY COUNCIL.

Referred to Committee on Ways and Means

H. 3204 (Word version) -- Rep. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 6, TITLE 44 TO ENACT THE "HEALTHY COMMUNITIES CAPACITY ACT" SO AS TO ESTABLISH THE SMALL BUSINESS HEALTH INSURANCE PREMIUM ASSISTANCE PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO PROVIDE HEALTH INSURANCE PREMIUM ASSISTANCE TO SMALL BUSINESSES FOR EMPLOYEES WHO ARE AT OR UNDER TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL, TO ESTABLISH ELIGIBILITY CRITERIA FOR SMALL BUSINESSES TO PARTICIPATE IN THE PROGRAM, TO REQUIRE ELIGIBLE EMPLOYEES TO CONTRIBUTE UP TO FIFTEEN PERCENT OF THE PREMIUM COST, TO REQUIRE THE DEPARTMENT TO PLACE CAPS ON THE NUMBER OF EMPLOYEES THAT MAY ENROLL IN THE PROGRAM SO THAT NO MORE FUNDS ARE EXPENDED THAN ARE AVAILABLE FOR THIS PROGRAM FROM THE MEDICAID MATCH FUND, TO PROVIDE THAT THIS PROGRAM MUST BE FUNDED FROM A PORTION OF AN ADDITIONAL 4.65 CENTS PER CIGARETTE LICENSE TAX WHICH MUST BE ADJUSTED ANNUALLY BASED ON THE CONSUMER PRICE INDEX, AND TO DIRECT THE DEPARTMENT TO APPLY FOR A MEDICAID WAIVER TO IMPLEMENT THIS PROGRAM; TO PROVIDE THAT THE DEPARTMENT SHALL PROVIDE MEDICAID COVERAGE TO CHILDREN EIGHTEEN YEARS OF AGE AND YOUNGER WHOSE FAMILY INCOMES DO NOT EXCEED TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL; TO CREATE THE MEDICAID MATCH FUND INTO WHICH A PORTION OF THE ADDITIONAL CIGARETTE TAX MUST BE DEPOSITED; BY ADDING SECTION 12-21-640 SO AS TO PROVIDE FOR AN ADDITIONAL 4.65 CENT LICENSE TAX ON EACH CIGARETTE TO FUND THE SMALL BUSINESS HEALTH INSURANCE PREMIUM PROGRAM AND TO PROVIDE FOR THE DISTRIBUTION OF THE REMAINING PORTION OF THIS ADDITIONAL TAX TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, THE PARKS AND RECREATION DEVELOPMENT FUND, THE STATE DEPARTMENT OF EDUCATION, AND THE DEPARTMENT OF AGRICULTURE; AND BY ADDING ARTICLE 9 TO CHAPTER 6, TITLE 44 SO AS TO ESTABLISH THE SECOND CHANCE QUIT ASSISTANCE PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO PROVIDE ADDITIONAL COUNSELING TO EXPANDED SMOKING CESSATION SERVICES FOR MEDICAID SMOKERS WHO HAVE UNSUCCESSFULLY ATTEMPTED TO QUIT SMOKING UNDER CURRENT MEDICAID PROGRAMS, TO DIRECT THE DEPARTMENT TO APPLY FOR A MEDICAID WAIVER FOR THIS PROGRAM, TO PROVIDE THAT FUNDING FOR THIS PROGRAM MUST BE PROVIDED FROM THE MEDICAID MATCH FUND, AND TO PROVIDE THAT FUNDING FOR THE SMALL BUSINESS HEALTH INSURANCE PREMIUM ASSISTANCE PROGRAM TAKES PRIORITY OVER THE SECOND CHANCE QUIT ASSISTANCE PROGRAM.

Referred to Committee on Labor, Commerce and Industry

H. 3205 (Word version) -- Rep. Toole: A BILL TO AMEND SECTION 44-7-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SHORT TITLE OF ARTICLE 3, CHAPTER 7, TITLE 44, TO AMEND SECTION 44-7-120, RELATING TO THE PURPOSE OF THIS ARTICLE, TO AMEND SECTION 44-7-130, RELATING TO DEFINITIONS IN THIS ARTICLE, TO AMEND SECTION 44-7-140, RELATING TO DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ADMINISTER THE CERTIFICATE OF NEED PROGRAM AND HEALTH FACILITY LICENSURE, TO AMEND SECTION 44-7-150, RELATING TO DUTIES OF THE DEPARTMENT, AND TO AMEND SECTION 44-7-170, AS AMENDED, RELATING TO FACILITIES TO WHICH THIS ARTICLE APPLIES, ALL SO AS TO DELETE PROVISIONS RELATING TO THE CERTIFICATE OF NEED PROGRAM, THEREBY ABOLISHING THE CERTIFICATE OF NEED PROGRAM; AND TO REPEAL SECTIONS 44-7-160, 44-7-180, 44-7-185, 44-7-190, 44-7-200, 44-7-210, 44-7-220, 44-7-230, AND 44-7-240 ALL RELATING TO THE CERTIFICATE OF NEED PROGRAM AND POWERS AND PROCEDURES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RELATIVE TO THE CERTIFICATE OF NEED PROGRAM.

Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3206 (Word version) -- Rep. White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-625 SO AS TO IMPOSE AN ADDITIONAL TAX ON CIGARETTES EQUAL TO 1.25 CENTS ON EACH CIGARETTE, TO PROVIDE A DEFINITION OF "CIGARETTE", TO CREATE THE MEDICAID RESERVE ACCOUNT OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES AND PROVIDE ITS SOURCES OF REVENUE INCLUDING THE REVENUES OF THE TAX IMPOSED PURSUANT TO THIS ACT AND TO PROVIDE FOR THE USES OF FUND REVENUES, TO REQUIRE A BALANCE IN THIS FUND EQUAL TO ONE AND ONE-HALF PERCENT OF THE TOTAL APPROPRIATIONS AUTHORIZED FOR THE MEDICAID PROGRAM FOR THE CURRENT FISCAL YEAR, AND TO PROVIDE THAT REVENUES OF THIS ADDITIONAL TAX IN EXCESS OF AMOUNTS NECESSARY TO RESTORE AND MAINTAIN THE MEDICAID RESERVE ACCOUNT AT THE REQUIRED LEVEL MUST FIRST BE CREDITED TO THE GENERAL RESERVE FUND AND THEREAFTER TO THE GENERAL FUND OF THE STATE.

Referred to Committee on Ways and Means

H. 3207 (Word version) -- Rep. Hosey: A JOINT RESOLUTION TO CHANGE THE CERTIFICATION DATE FOR THE RESULT OF A CAPITAL PROJECTS SALES AND USE TAX ACT REFERENDUM HELD AT THE TIME OF THE 2008 GENERAL ELECTION FROM NO LATER THAN NOVEMBER 30, 2008, TO NO LATER THAN DECEMBER 11, 2008.

Referred to Committee on Ways and Means

H. 3208 (Word version) -- Rep. Clemmons: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW THE DEDUCTION OF RETIREMENT BENEFITS ATTRIBUTABLE TO SERVICE ON ACTIVE DUTY IN THE ARMED FORCES OF THE UNITED STATES; AND TO AMEND SECTION 12-6-1170, AS AMENDED, RELATING TO THE RETIREMENT INCOME DEDUCTION, SO AS TO CONFORM THIS DEDUCTION TO THE MILITARY RETIREMENT DEDUCTION ALLOWED BY THIS ACT.

Referred to Committee on Ways and Means

H. 3209 (Word version) -- Rep. Spires: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION ALLOWED FOR UNPREPARED FOOD ITEMS.

Referred to Committee on Ways and Means

H. 3210 (Word version) -- Rep. Gunn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3435 SO AS TO ALLOW A STATE INCOME TAX CREDIT FOR PREMIUMS PAID BY A SMALL EMPLOYER TO PROVIDE ELIGIBLE EMPLOYEES COVERAGE UNDER A QUALIFYING HEALTH PLAN, TO LIMIT THE CREDIT TO ONE THOUSAND DOLLARS AN EMPLOYEE FOR EACH OF SIX CONSECUTIVE TAXABLE YEARS AND ALLOW THE CREDIT ONLY FOR BUSINESSES EMPLOYING NO MORE THAN FIFTY EMPLOYEES, AND TO PROVIDE DEFINITIONS.

Referred to Committee on Ways and Means

Last Updated: December 16, 2008 at 6:40 PM