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

PREFILE SHEET

11/17/09

H. 4168 (Word version) -- Reps. Delleney, M. A. Pitts, Kelly and Simrill: A HOUSE RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE XV, SECTION 1, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, THE GOVERNOR OF SOUTH CAROLINA, THE HONORABLE MARSHALL C. SANFORD, JR., IS IMPEACHED FOR SERIOUS MISCONDUCT IN OFFICE.

Referred to Committee on Judiciary

H. 4169 (Word version) -- Rep. Battle: A BILL TO AMEND ACT 607 OF 1986, AS AMENDED, RELATING TO THE ELECTIONS OF MEMBERS OF THE MARION COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT A PERSON DESIRING TO QUALIFY AS A CANDIDATE SHALL FILE WRITTEN NOTICE OF CANDIDACY AT LEAST SIXTY DAYS BEFORE THE DATE SET FOR THE ELECTION BUT NOT EARLIER THAN NINETY DAYS BEFORE THE ELECTION, TO PROVIDE THAT THE COUNTY COMMISSIONERS OF ELECTION SHALL PUBLISH NOTICES OF THE ELECTION AS PROVIDED IN SECTION 7-13-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO PROVIDE THE NONPARTISAN PLURALITY METHOD AS CODIFIED IN SECTION 5-15-61, CODE OF LAWS OF SOUTH CAROLINA, 1976, BE REQUIRED TO DETERMINE THE OUTCOME OF THE ELECTION INSTEAD OF PURSUANT TO ACT 81 OF 1977.

Referred to Marion Delegation

H. 4170 (Word version) -- Reps. Clemmons, Viers, Edge, Hardwick and Hearn: A BILL TO AMEND SECTION 4-10-970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USES ALLOWED FOR REVENUES OF THE LOCAL OPTION TOURISM DEVELOPMENT FEE, SO AS TO ALLOW AMOUNTS UP TO TWENTY PERCENT OF THE REVENUE TO BE USED FOR PROPERTY TAX RELIEF FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY AND FOR TOURISM-RELATED CAPITAL PROJECTS BEGINNING IN THE SECOND RATHER THAN THE THIRD YEAR OF IMPOSITION OF THE FEE, TO REQUIRE THE AMOUNTS USED FOR THESE PURPOSES TO BE RETAINED BY THE MUNICIPALITY WITH AT LEAST TWENTY PERCENT OF THE AMOUNT RETURNED USED AS A CREDIT AGAINST THE PROPERTY TAX LIABILITY OF OWNER-OCCUPIED RESIDENTIAL PROPERTY AND PROVIDE FOR THE CALCULATION OF THE CREDIT, AND TO PROVIDE FOR THE USE OF CREDITS IN EXCESS OF THE MUNICIPAL PROPERTY TAX LIABILITY.

Referred to Committee on Ways and Means

H. 4171 (Word version) -- Rep. Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-15 SO AS TO PROVIDE THAT IF PROVISIONS OF FEDERAL LAW MANDATE THAT ALL CITIZENS WITH CERTAIN EXCEPTIONS PURCHASE OR SECURE HEALTH INSURANCE COVERAGE THROUGH A RANGE OF OPTIONS ONE OF WHICH IS TO PURCHASE OR SECURE HEALTH INSURANCE COVERAGE THROUGH A PUBLIC PLAN UNDERWRITTEN IN WHOLE OR IN PART BY THE FEDERAL GOVERNMENT, AND THE PUBLIC PLAN PERMITS STATES TO "OPT OUT" OF THIS PUBLIC OPTION, THE STATE OF SOUTH CAROLINA HERBY "OPTS OUT" AND DECLINES TO HAVE THIS PUBLIC PLAN OPTION APPLY TO OR BE AVAILABLE TO THE CITIZENS OF THIS STATE.

Referred to Committee on Labor, Commerce and Industry

H. 4172 (Word version) -- Rep. Forrester: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-1-180 SO AS TO PROVIDE FOR THE MANNER IN WHICH A COUNTY GOVERNING BODY MAY INSTITUTE AN EMPLOYEE FURLOUGH PROGRAM, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT PRECLUDE A COUNTY FROM IMPLEMENTING OTHER FURLOUGH PROGRAMS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THIS SECTION.

Referred to Committee on Ways and Means

H. 4173 (Word version) -- Rep. Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-215 SO AS TO PROVIDE THAT AT THE REQUEST OF THE LEGISLATIVE DELEGATION OF A COUNTY IN WHICH AN HISTORIC OR ARCHITECTURALLY SIGNIFICANT BUILDING OR STRUCTURE IN NEED OF REPAIR IS LOCATED, WHICH IS OWNED BY A STATE AGENCY OR DEPARTMENT OR BY A PROGRAM OR TRUST ADMINISTERED BY THE AGENCY OR DEPARTMENT, THE AGENCY SHALL PRESENT WITHIN NINETY DAYS OF THE REQUEST A PLAN OF RENOVATION TO THE DELEGATION AND TO THE CHAIRMAN OF THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE IF ADDITIONAL FUNDING IS NEEDED TO COMPLETE THE RENOVATIONS.

Referred to Committee on Ways and Means

H. 4174 (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 Ways and Means

H. 4175 (Word version) -- Reps. J. R. Smith, T. R. Young and Clyburn: A BILL TO AMEND ACT 476 OF 1969, AS AMENDED, RELATING TO THE VALLEY PUBLIC SERVICE AUTHORITY IN AIKEN COUNTY, SO AS TO ADD TWO MEMBERS TO THE GOVERNING BOARD OF THE AUTHORITY AND TO PROVIDE FOR THEIR TERMS AND MANNER OF APPOINTMENT.

Referred to Aiken Delegation

H. 4176 (Word version) -- Rep. King: A JOINT RESOLUTION TO IMPOSE A MORATORIUM ON REIMBURSEMENTS PAID IN CONNECTION WITH ALL NONESSENTIAL STATE EMPLOYEE TRAVEL AND ASSOCIATED MEALS AND LODGING THROUGH JUNE 30, 2010, AND TO PROVIDE THAT THE OFFICE OF HUMAN RESOURCES OF THE STATE BUDGET AND CONTROL BOARD SHALL PUBLISH GUIDELINES DEFINING ESSENTIAL TRAVEL QUALIFYING FOR REIMBURSEMENT.

Referred to Committee on Ways and Means

H. 4177 (Word version) -- Rep. Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-3175 SO AS TO REQUIRE THE TRANSFEROR OF REAL PROPERTY RECEIVING THE AGRICULTURAL USE CLASSIFICATION TO PROVIDE WRITTEN NOTICE TO THE TRANSFEREE BEFORE CLOSING THAT THE PROPERTY IS RECEIVING THE AGRICULTURAL USE CLASSIFICATION AND THE TRANSFER MAY RESULT IN THE IMPOSITION OF ROLLBACK TAXES IF THE USE OF THE PROPERTY HAS BEEN CHANGED BY THE TRANSFEROR OR WILL BE CHANGED BY THE TRANSFEREE.

Referred to Committee on Ways and Means

H. 4178 (Word version) -- Rep. M. A. Pitts: 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 EXTEND THE EXEMPTION ALLOWED FARM MACHINERY USED IN PLANTING, CULTIVATING, OR HARVESTING FARM CROPS TO MACHINERY AND CERTAIN VEHICLES USED IN COMMERCIAL ANIMAL HUSBANDRY AND TO GIVE THIS ADDITIONAL EXEMPTION RETROACTIVE APPLICATION.

Referred to Committee on Ways and Means

H. 4179 (Word version) -- Rep. Clemmons: A JOINT RESOLUTION TO EXEMPT FROM PROPERTY TAX OTHERWISE TAXABLE VALUE OF IMPROVEMENTS TO REAL PROPERTY CONSISTING OF UNSOLD AND UNOCCUPIED COMMERCIAL STRUCTURES, INDIVIDUAL UNITS IN COMMERCIAL STRUCTURES, AND INDIVIDUAL UNITS IN RESIDENTIAL STRUCTURES, TO PROVIDE THAT THE EXEMPTION IS AVAILABLE FOR PROPERTY TAX YEARS BEGINNING AFTER 2009 THROUGH THE EARLIER OF THE PROPERTY TAX YEAR IN WHICH THE PROPERTY IS SOLD OR OTHERWISE OCCUPIED OR THE PROPERTY TAX YEAR ENDING DECEMBER 31, 2015, AND TO PROVIDE FOR THE APPLICATION FOR THE EXEMPTION.

Referred to Committee on Ways and Means

H. 4180 (Word version) -- Rep. Scott: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD PROPERTY TAX EXEMPTION ALLOWED PERSONS OVER THE AGE OF SIXTY-FIVE YEARS, OR DISABLED, OR LEGALLY BLIND, SO AS TO INCREASE THE EXEMPTION AMOUNT FROM THE FIRST FIFTY THOUSAND DOLLARS TO THE FIRST ONE HUNDRED THOUSAND DOLLARS OF THE FAIR MARKET VALUE OF THE HOMESTEAD; AND TO AMEND JOINT RESOLUTION 406 OF 2000, RELATING TO SUPPLEMENTAL APPROPRIATIONS, SO AS TO DELETE AN OBSOLETE REFERENCE OF THE HOMESTEAD EXEMPTION.

Referred to Committee on Ways and Means

H. 4181 (Word version) -- Rep. Scott: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, SO AS TO ADD A NEW SECTION PRESERVING THE FREEDOM OF SOUTH CAROLINIANS WITH RESPECT TO THE PROVIDING OF HEALTH CARE SERVICES, BY PROHIBITING ANY LAW, REGULATION, OR RULE TO COMPEL AN INDIVIDUAL, EMPLOYER, OR HEALTH CARE PROVIDER TO PARTICIPATE IN A HEALTH CARE SYSTEM, BY ALLOWING INDIVIDUALS AND EMPLOYERS TO PAY DIRECTLY FOR LAWFUL HEALTH CARE SERVICES WITHOUT PENALTIES OR FINES FOR THESE DIRECT PAYMENTS, BY PROVIDING THAT THE PURCHASE OR SALE OF HEALTH INSURANCE IN PRIVATE HEALTH CARE SYSTEMS MUST NOT BE PROHIBITED BY LAW, REGULATION, OR RULE, BY PROVIDING THOSE INCENTIVES IN WHICH THE RIGHTS PROVIDED BY THIS SECTION DO NOT APPLY, AND TO PROVIDE APPROPRIATE DEFINITIONS.

Referred to Committee on Labor, Commerce and Industry

H. 4182 (Word version) -- Rep. Scott: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE IV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE EXECUTIVE DEPARTMENT OF STATE GOVERNMENT, SO AS TO PROVIDE THAT BEGINNING WITH THE PERSON ELECTED LIEUTENANT GOVERNOR IN THE GENERAL ELECTION OF 2014, NO PERSON MAY BE ELECTED LIEUTENANT GOVERNOR FOR MORE THAN TWO SUCCESSIVE TERMS.

Referred to Committee on Judiciary

H. 4183 (Word version) -- Rep. Sellers: A BILL TO AMEND SECTION 56-5-6410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSPORTATION OF A CHILD ALONG THE STATE'S HIGHWAYS WHILE RESTRAINED IN A CHILD PASSENGER RESTRAINT SYSTEM, SO AS TO INCREASE THE MAXIMUM AGE OF A CHILD WHO MUST BE RESTRAINED IN A CHILD PASSENGER RESTRAINT SYSTEM.

Referred to Committee on Education and Public Works

H. 4184 (Word version) -- Rep. Rutherford: A BILL TO AMEND SECTION 56-5-5015, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE SUNSCREEN DEVICES, SO AS TO REVISE THE PERMITTED LEVEL OF LIGHT TRANSMISSION FOR SUNSCREENING DEVICES INSTALLED ON THE WINDSHIELD, SIDE WINDOWS, AND REAR WINDOW OF A MOTOR VEHICLE.

Referred to Committee on Education and Public Works

H. 4185 (Word version) -- Rep. Rutherford: A BILL TO AMEND SECTION 56-5-1520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM SPEED LIMITS IMPOSED ALONG THE STATE'S HIGHWAYS, SO AS TO INCREASE THE MAXIMUM SPEED LIMIT THAT MAY BE POSTED ALONG INTERSTATE HIGHWAYS AND FREEWAYS.

Referred to Committee on Education and Public Works

H. 4186 (Word version) -- Rep. Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-222 SO AS TO ALLOW CERTAIN PERSONS WHO WEAR BIOPTIC TELESCOPIC LENSES FOR VISION ASSISTANCE TO OBTAIN A DRIVER'S LICENSE.

Referred to Committee on Education and Public Works

H. 4187 (Word version) -- Rep. White: A BILL TO AMEND SECTION 55-9-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS THAT AN ENTITY HAS TO ESTABLISH AN AIRPORT OR LANDING FIELD OR ACQUIRE, LEASE, OR SET APART PROPERTY FOR THAT PURPOSE, SO AS TO DELETE A PROVISION THAT LIMITS THE TERM OF A LEASE OF AIRPORTS OR LANDING FIELDS TO PRIVATE PARTIES FOR OPERATION.

Referred to Committee on Education and Public Works

H. 4188 (Word version) -- Rep. Sellers: A BILL TO AMEND SECTION 56-1-745, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF A CONTROLLED SUBSTANCE VIOLATION, AND THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSES, SO AS TO PROVIDE THE SUSPENSION OF A DRIVER'S LICENSE BY THE COURT UNDER THIS PROVISION IS OPTIONAL AND NO LONGER MANDATORY.

Referred to Committee on Education and Public Works

H. 4189 (Word version) -- Rep. Bowen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3890 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO DRIVE A MOTOR VEHICLE WHILE TEXT MESSAGING, TEXTING, RECEIVING, OR READING TEXT MESSAGES OR PRINTED READING MATERIALS, AND TO PROVIDE A PENALTY.

Referred to Committee on Education and Public Works

H. 4190 (Word version) -- Rep. Sellers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3890 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO USE A HANDHELD WIRELESS COMMUNICATIONS DEVICE WHILE DRIVING A MOTOR VEHICLE AND TO PROVIDE A PENALTY FOR VIOLATING THIS PROVISION; AND TO AMEND SECTION 56-1-720, RELATING TO THE SCHEDULE OF POINTS ASSIGNED TO VARIOUS TRAFFIC VIOLATIONS, SO AS TO PROVIDE THAT USING A HANDHELD WIRELESS COMMUNICATIONS DEVICE WHILE DRIVING IS A TWO POINT VIOLATION.

Referred to Committee on Education and Public Works

H. 4191 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-955 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO POSSESS A WIRELESS COMMUNICATIONS DEVICE ON THE PREMISES OF A DEPARTMENT OF CORRECTIONS FACILITY UNDER CERTAIN CIRCUMSTANCES AND TO GIVE OR SELL A WIRELESS COMMUNICATIONS DEVICE OR ITS COMPONENTS TO AN INMATE OR TO A PERSON FOR DELIVERY TO AN INMATE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

Referred to Committee on Judiciary

H. 4192 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 56-1-385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REINSTATEMENT OF A PERMANENTLY REVOKED DRIVER'S LICENSE, SO AS TO PROVIDE THAT CERTAIN PERSONS WHO HAVE HAD THEIR DRIVER'S LICENSES PERMANENTLY REVOKED AND WHO HAVE PETITIONED THE CIRCUIT COURT FOR REINSTATEMENT OF THEIR DRIVER'S LICENSES, MUST SERVE COPIES OF THE PETITION ON BOTH THE CIRCUIT SOLICITOR AND THE DIRECTOR OF THE DEPARTMENT OF MOTOR VEHICLES, TO PROVIDE THAT THE SOLICITOR AND THE DIRECTOR OF THE DEPARTMENT OF MOTOR VEHICLES, OR THEIR DESIGNEES, MAY RESPOND TO THE PETITION AND DEMAND A HEARING ON THE MERITS OF THE PETITION OR HAVE THE COURTS CONSIDER AFFIDAVITS SUBMITTED BY THE PETITIONER AND THE SOLICITOR, OR THE DIRECTOR OF THE DEPARTMENT OF MOTOR VEHICLES, OR THEIR DESIGNEES WHEN DETERMINING WHETHER CONDITIONS FOR DRIVING PRIVILEGE REINSTATEMENT HAVE BEEN MET BY THE PETITIONER, AND TO REVISE THE CONDITIONS UPON WHICH A DRIVER'S LICENSE MAY BE REINSTATED.

Referred to Committee on Judiciary

H. 4193 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-180 SO AS TO PROHIBIT A MUNICIPALITY OR COUNTY, OR A UNIT OR AGENCY OF IT, FROM IMPOSING A FEE OR SEEKING REIMBURSEMENT OF COSTS OR EXPENSES INCURRED AS A RESULT OF RESPONDING TO A MOTOR VEHICLE ACCIDENT, TO PROVIDE EXCEPTIONS, AND TO PERMIT A UNIT OF GOVERNMENT TO SEEK TO COLLECT FROM ANOTHER UNIT OF GOVERNMENT THE REASONABLE COSTS INCURRED FOR RESPONDING TO A MOTOR VEHICLE ACCIDENT OUTSIDE ITS JURISDICTION.

Referred to Committee on Ways and Means

H. 4194 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 59-5-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE THAT BOARD REGULATIONS CONCERNING HALF-DAY FOUR YEAR OLD EDUCATION PROGRAMS MAY NOT REQUIRE HOME VISITS BY SCHOOL DISTRICT PERSONNEL; AND TO AMEND SECTION 59-139-10, RELATING TO SCHOOL DISTRICT EARLY CHILDHOOD INITIATIVES, SO AS TO PROVIDE THAT DISTRICT PLANS MAY NOT INCLUDE HOME VISITS BY SCHOOL DISTRICT PERSONNEL.

Referred to Committee on Education and Public Works

H. 4195 (Word version) -- Rep. H. B. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 TO CHAPTER 111, TITLE 59 TO ENACT THE "SOUTH CAROLINA RURAL PRIMARY CARE PHYSICIAN LOAN REPAYMENT PROGRAM" SO AS TO CREATE A LOAN REPAYMENT PROGRAM FOR LICENSED PRIMARY CARE PHYSICIANS WHO PRACTICE IN RURAL AREAS WITHIN THE STATE, TO PROVIDE FOR A PROGRAM ADVISORY BOARD, TO PROVIDE CRITERIA BY WHICH PHYSICIANS MAY BE SELECTED, TO PROVIDE PENALTIES FOR NONCOMPLIANCE WITH THE PROGRAM, TO PROVIDE FOR THE APPROPRIATION OF FUNDS FOR THE PROGRAM, AND TO DEFINE CERTAIN TERMS.

Referred to Committee on Ways and Means

H. 4196 (Word version) -- Rep. H. B. Brown: A BILL 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 DELETE THE DUTY OF THE EMPLOYMENT AND DISCHARGE OF TEACHERS; TO AMEND SECTION 59-25-410, RELATING TO NOTIFICATION OF TEACHER EMPLOYMENT FOR THE ENSUING YEAR, SO AS TO PROVIDE THAT THE SUPERINTENDENT OF THE SCHOOL DISTRICT SHALL NOTIFY TEACHERS OF CONTINUED EMPLOYMENT; TO AMEND SECTION 59-25-415, RELATING TO PRIORITY FOR CERTIFIED PERSONNEL IN REHIRING, SO AS TO REVISE NOTICE REQUIREMENTS; TO AMEND SECTION 59-25-420, RELATING TO NOTIFICATION OF ACCEPTANCE OF REEMPLOYMENT, SO AS TO REQUIRE THE TEACHER TO NOTIFY THE SUPERINTENDENT OF ACCEPTANCE; AND TO AMEND SECTION 59-25-460, RELATING TO DISMISSAL OF TEACHERS, SO AS TO PROVIDE THAT NOTICE MUST BE GIVEN BY THE SUPERINTENDENT.

Referred to Committee on Education and Public Works

H. 4197 (Word version) -- Rep. Sellers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-505 SO AS TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO RELEASE HIGH SCHOOL GRADUATION RATE DATA BASED ON RACE OR ETHNICITY BY SEPTEMBER FIRST OF EACH YEAR; TO AMEND SECTIONS 59-1-450, 59-1-452, AS AMENDED, 59-1-453, 59-6-10, 59-16-70, 59-18-120, AS AMENDED, 59-18-310, AS AMENDED, 59-18-320, AS AMENDED, 59-18-350, AS AMENDED, 59-18-900, AS AMENDED, 50-18-920, AS AMENDED, 59-18-950, 59-18-1500, AS AMENDED, 59-18-1510, AS AMENDED, 59-18-1530, AS AMENDED, 59-18-1540, AS AMENDED, 59-18-1570, AS AMENDED, 59-18-1590, AS AMENDED, 59-18-1700, AS AMENDED, 59-18-1930, AS AMENDED, 59-21-440, 59-21-600, 59-21-1210, 59-24-65, 59-26-20, AS AMENDED, 59-28-150, 59-28-190, 59-28-200, AS AMENDED, 59-28-210, 59-29-170, 59-29-220, 59-40-70, AS AMENDED, 59-40-230, 59-50-20, AS AMENDED, 59-59-170, 59-63-65, 59-139-10, 59-139-40, 59-139-60, AND 59-150-325, ALL RELATING TO THE EDUCATION OVERSIGHT COMMITTEE, TO CHANGE CERTAIN REFERENCES FROM THE EDUCATION OVERSIGHT COMMITTEE TO THE DEPARTMENT OF EDUCATION, THE STATE BOARD OF EDUCATION, OR THE SUPERINTENDENT OF EDUCATION, AND TO DELETE CERTAIN REFERENCES TO THE EDUCATION OVERSIGHT COMMITTEE; TO REPEAL SECTIONS 59-6-15, 59-6-16, 59-6-17, 59-6-20, 59-6-30, 59-6-100, AND 59-6-110 ALL RELATING TO THE BUSINESS EDUCATION PARTNERSHIP AND EDUCATION IMPROVEMENT PROGRAM MONITORING; TO REPEAL SECTION 59-21-1220 RELATING TO THE CAMPUS INCENTIVE PROGRAM; TO REPEAL SECTIONS 59-24-100 AND 59-24-110 BOTH RELATING TO THE SCHOOL PRINCIPAL INCENTIVE PROGRAM; TO REPEAL SECTION 59-28-220 RELATING TO RECOMMENDATIONS FOR EMPLOYER TAX CREDIT INCENTIVES; TO REPEAL SECTION 59-139-50 RELATING TO A PLAN FOR TECHNICAL ASSISTANCE; AND TO REPEAL SECTION 59-141-10 RELATING TO NATIONAL EDUCATION GOALS.

Referred to Committee on Education and Public Works

H. 4198 (Word version) -- Reps. Erickson, Brady, Cobb-Hunter, Horne, Allison, Hutto, Herbkersman and G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-57-115 SO AS TO PROVIDE THAT IT IS UNFAIR DISCRIMINATION FOR AN INSURER TO DENY, REFUSE TO ISSUE OR RENEW, CANCEL, RESTRICT OR EXCLUDE COVERAGE, DENY A CLAIM OR LIMIT PAYMENTS, OR ADD A PREMIUM DIFFERENTIAL TO A POLICY OR CERTIFICATE OF COVERAGE ON THE BASIS THAT AN APPLICANT OR INSURED HAS BEEN OR IS PERCEIVED TO HAVE BEEN ABUSED OR MAY BE A SUBJECT OF ABUSE AND TO PROVIDE PENALTIES, INCLUDING FINES UP TO TWO HUNDRED THOUSAND DOLLARS.

Referred to Committee on Labor, Commerce and Industry

H. 4199 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 44-48-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECTIVE DATE OF PAROLE OR CONDITIONAL RELEASE OF SEXUALLY VIOLENT PREDATORS, SO AS TO PROVIDE THAT THE PAROLE OR CONDITIONAL RELEASE ORDER DOES NOT TAKE EFFECT FOR ONE HUNDRED EIGHTY DAYS, RATHER THAN NINETY DAYS, AFTER ISSUANCE OF THE ORDER; TO AMEND SECTION 44-48-80, AS AMENDED, RELATING TO THE FACILITY IN WHICH A PERSON MUST BE HELD AFTER PROBABLE CAUSE IS FOUND TO EXIST THAT THE PERSON IS A SEXUALLY VIOLENT PREDATOR, SO AS TO REQUIRE THAT THE PERSON ONLY BE HELD IN A LOCAL OR REGIONAL DETENTION FACILITY; TO AMEND SECTION 44-48-90, AS AMENDED, RELATING TO THE TIME WITHIN WHICH A JURY TRIAL MUST BE REQUESTED AND HELD TO DETERMINE IF A PERSON IS A SEXUALLY VIOLENT PREDATOR, SO AS TO PROVIDE THAT A JURY TRIAL MUST BE REQUESTED WITHIN THIRTY DAYS AFTER AN EVALUATOR ISSUES AN OPINION AND THE TRIAL MUST BE HELD WITHIN SIXTY DAYS OF ISSUANCE OF THE OPINION AND TO PROVIDE THAT UPON RECEIPT OF THE ISSUANCE OF THE OPINION, EITHER PARTY MAY RETAIN HIS OWN EXPERT TO CONDUCT AN EVALUATION; TO AMEND SECTION 44-48-100, AS AMENDED, RELATING TO THE FACILITY IN WHICH A PERSON MUST BE HELD UPON A MISTRIAL IN DETERMINING IF THE PERSON IS A SEXUALLY VIOLENT PREDATOR, SO AS TO REQUIRE THAT THE PERSON ONLY BE HELD IN A LOCAL OR REGIONAL DETENTION FACILITY; AND TO AMEND SECTION 44-48-120, AS AMENDED, RELATING TO PROCEDURES REQUIRED WHEN THE DIRECTOR OF THE DEPARTMENT OF MENTAL HEALTH DETERMINES A PERSON COMMITTED TO THE DEPARTMENT AS A SEXUALLY VIOLENT PREDATOR IS NO LONGER LIKELY TO COMMIT ACTS OF SEXUAL VIOLENCE, SO AS TO REQUIRE THE DIRECTOR TO CERTIFY THIS DETERMINATION IN WRITING AND TO NOTIFY THE ATTORNEY GENERAL OF THIS CERTIFICATION AND OF THE PATIENT'S AUTHORIZATION TO PETITION THE COURT FOR RELEASE AND TO PROVIDE THAT THE ATTORNEY GENERAL MAY REQUEST AN EXAMINATION BEFORE A HEARING ON THE RELEASE IS HELD AND TO FURTHER PROVIDE THAT EITHER PARTY MAY REQUEST THAT THE HEARING BE HELD BEFORE A JURY.

Referred to Committee on Judiciary

H. 4200 (Word version) -- Reps. Cato and Cooper: A BILL TO AMEND SECTION 12-21-6520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE TOURISM INFRASTRUCTURE ADMISSIONS TAX ACT, SO AS TO PROVIDE A REVISED DEFINITION FOR AN "EXTRAORDINARY RETAIL ESTABLISHMENT" BY INCLUDING WITHIN THAT DEFINITION "AN EXTRAORDINARY TOURISM ESTABLISHMENT" AND REVISE THE REQUIREMENTS TO QUALIFY AS "AN EXTRAORDINARY RETAIL OR TOURISM ESTABLISHMENT"; AND TO AMEND SECTION 12-21-6590, AS AMENDED, RELATING TO THE DESIGNATION OF AN EXTRAORDINARY RETAIL OR TOURISM ESTABLISHMENT BY THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO DELETE THE LIMIT ON SUCH DESIGNATIONS, TO ADD ADDITIONAL INFRASTRUCTURE IMPROVEMENT COSTS WHICH MAY BE INCLUDED WITH RESPECT TO THE CONSTRUCTION OF SUCH FACILITIES, AND TO REVISE THE REQUIREMENTS RELATING TO THE CONDITIONAL CERTIFICATION OF THE QUALIFICATION ON THESE FACILITIES.

Referred to Committee on Ways and Means

H. 4201 (Word version) -- Rep. G. A. Brown: 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 THIS STATE MAY NOT BE RECOGNIZED AFTER DECEMBER 31, 2010, AND TO PROVIDE AN EXCEPTION FOR A COMMON LAW MARRIAGE EXISTING AS OF DECEMBER 31, 2010; 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. 4202 (Word version) -- Rep. Mitchell: A BILL TO AMEND SECTION 16-3-930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFICKING IN PERSONS FOR FORCED LABOR OR SERVICES, SO AS TO PROVIDE A MANDATORY MINIMUM PENALTY OF FIVE YEARS FOR A PERSON WHO COMMITS THE OFFENSE AND INCREASE THE MAXIMUM PENALTY TO THIRTY YEARS.

Referred to Committee on Judiciary

H. 4203 (Word version) -- Reps. Bingham, Harrell, Cato, Cooper, Duncan, Harrison, Howard, Owens, White, A. D. Young, Ott and Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "EMPLOYMENT SECURITY FUNDING AND REFORM ACT".

Referred to Committee on Ways and Means

H. 4204 (Word version) -- Rep. McLeod: A BILL TO AMEND SECTION 61-4-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES BY PERMITTED WINERIES, SO AS TO DELETE THE REQUIREMENT THAT THE PERMITTED WINERIES MUST PRODUCE THE WINE IT SELLS AND SHIPS WITH A MAJORITY OF THE JUICE FROM FRUIT AND BERRIES GROWN IN THE STATE AND TO ALLOW THE SHIPMENT OUT OF STATE OF WINE PRODUCED FROM THE WINERY LOCATION.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4205 (Word version) -- Rep. G. R. Smith: A BILL TO AMEND SECTION 17-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESTRUCTION OF CRIMINAL RECORDS WHEN A CHARGE IS DISMISSED OR THE PERSON IS FOUND INNOCENT, SO AS TO PROVIDE THAT THE PROVISIONS OF THE SECTION DO NOT APPLY TO VIOLATIONS OF TITLE 50 OR TITLE 56 IN WHICH A RECORD IS NOT MAINTAINED THAT REQUIRES DESTRUCTION.

Referred to Committee on Judiciary

H. 4206 (Word version) -- Rep. G. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-1-305 SO AS TO ALLOW THE INTRODUCTION OF EVIDENCE IN A CIVIL ACTION OF THE USE OF A CELL PHONE OR OTHER ELECTRONIC HANDHELD COMMUNICATIONS DEVICE AT THE TIME OF A MOTOR VEHICLE ACCIDENT AND TO PROVIDE EXCEPTIONS.

Referred to Committee on Judiciary

H. 4207 (Word version) -- Rep. Clemmons: A BILL TO AMEND SECTION 7-5-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO AUTHORIZE A UNITED STATES CITIZEN OUTSIDE THE UNITED STATES UNDER CERTAIN CONDITIONS TO BE ELIGIBLE TO REGISTER AND VOTE WHERE HIS PARENT IS A QUALIFIED ELECTOR; AND TO AMEND SECTION 7-15-110, AS AMENDED, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO AUTHORIZE A PERSON TO VOTE BY ABSENTEE BALLOT IF HE OR A PARENT LAST RESIDED IN THIS STATE IMMEDIATELY BEFORE HIS OR HIS PARENTS DEPARTURE FROM THE UNITED STATES.

Referred to Committee on Judiciary

H. 4208 (Word version) -- Rep. Clemmons: A BILL TO AMEND SECTION 7-13-35, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICES OF GENERAL, MUNICIPAL, SPECIAL, AND PRIMARY ELECTIONS, SO AS TO CHANGE FROM 2:00 P.M. TO 9:00 A.M. THE TIME THAT THE PROCESS FOR EXAMINING THE RETURN-ADDRESSED ENVELOPES CONTAINING ABSENTEE BALLOTS MAY BEGIN ON ELECTION DAY.

Referred to Committee on Judiciary

H. 4209 (Word version) -- Rep. J. R. Smith: A BILL TO AMEND SECTION 58-3-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF A FORMER PUBLIC SERVICE COMMISSIONER FROM BEING EMPLOYED OR RETAINED FOR A PERIOD OF ONE YEAR FOLLOWING HIS SERVICE AS A COMMISSIONER, SO AS TO EXTEND THAT PROHIBITION TO A FIVE YEAR PERIOD.

Referred to Committee on Labor, Commerce and Industry

H. 4210 (Word version) -- Rep. Stavrinakis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-3-102 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE MUST BE ELECTED TO OFFICE BY THE QUALIFIED ELECTORS OF THE STATE IN THE GENERAL ELECTION AND PROVIDE FOR THE DIRECTOR'S TERM OF OFFICE, QUALIFICATIONS, VACANCIES, AND RELATED MATTERS; TO AMEND SECTION 1-30-10, AS AMENDED, RELATING TO THE DEPARTMENTS OF STATE GOVERNMENT, SO AS TO PROVIDE THAT THE GOVERNING AUTHORITY OF THE DEPARTMENT OF INSURANCE IS THE DIRECTOR OF THE DEPARTMENT OF INSURANCE ELECTED TO OFFICE UNDER THE LAWS OF THIS STATE; TO AMEND SECTION 38-1-20, RELATING TO DEFINITIONS UNDER THE INSURANCE LAWS OF THIS STATE, SO AS TO MAKE CERTAIN CHANGES TO THE DEFINITION OF "DIRECTOR" OF THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-3-10, RELATING TO THE DEPARTMENT OF INSURANCE, SO AS TO DELETE CERTAIN PROVISIONS RELATING TO THE DEPARTMENT'S DIRECTOR, PROVIDE THAT THE DIRECTOR IS ELECTED RATHER THAN APPOINTED, AND MAKE CHANGES IN THE PROVISIONS CONCERNING THE REMOVAL OF THE DIRECTOR; TO AMEND SECTION 38-3-100, RELATING TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO, AMONG OTHER CHANGES, DELETE THE REQUIREMENT THAT, IF THE DIRECTOR BECOMES A CANDIDATE FOR PUBLIC OFFICE OR BECOMES A MEMBER OF A POLITICAL COMMITTEE DURING TENURE, HIS OFFICE MUST BE IMMEDIATELY VACATED; AND TO PROVIDE THAT THE ELECTION OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE BEGINS WITH THE 2010 STATEWIDE ELECTION PROCESS AND THAT THE DIRECTOR SERVING ON THE EFFECTIVE DATE OF THIS ACT SHALL CONTINUE TO SERVE UNTIL HIS SUCCESSOR IS ELECTED AND QUALIFIES FOR OFFICE.

Referred to Committee on Judiciary

H. 4211 (Word version) -- Rep. Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-2-270 SO AS TO PROVIDE A LOCAL GOVERNING BODY THE AUTHORITY TO LIMIT OR REGULATE THE HOURS OF OPERATION ON A REASONABLE BASIS OF CERTAIN ESTABLISHMENTS LICENSED TO SELL BEER, WINE, OR ALCOHOLIC LIQUORS FOR ON-PREMISES CONSUMPTION AND TO DEFINE THE TERM "LOCAL GOVERNING BODY".

Referred to Committee on Judiciary

H. 4212 (Word version) -- Reps. Jennings and Clemmons: A BILL TO AMEND SECTION 16-17-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF DISTURBING SCHOOLS, SO AS TO PROVIDE THAT VIOLATIONS OF THE STATUTE MUST BE TRIED IN SUMMARY COURT.

Referred to Committee on Judiciary

H. 4213 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 16-27-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ANIMAL FIGHTING AND BAITING AND ITS PENALTIES, SO AS TO ADD THAT IT IS UNLAWFUL TO POSSESS, TRAIN, TRANSPORT, OR SELL AN ANIMAL WITH THE INTENT THAT THE ANIMAL BE ENGAGED IN ANIMAL FIGHTING AND BAITING.

Referred to Committee on Judiciary

H. 4214 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1030 SO AS TO CREATE THE OFFENSE OF THREATENING OR INTIMIDATING A PROCESS SERVER OR LICENSED PRIVATE INVESTIGATOR, PROVIDE A PENALTY, AND DEFINE THE TERM "IMMEDIATE FAMILY".

Referred to Committee on Judiciary

H. 4215 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 18-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPEAL OF A DECISION OF A MAGISTRATE, SO AS TO PROVIDE THAT AN APPELLANT MUST SERVE A NOTICE OF APPEAL OF A DECISION OF A MAGISTRATE UPON THE OFFICER OR ATTORNEY WHO PROSECUTED THE CASE IN ADDITION TO THE MAGISTRATE WHO TRIED THE CASE.

Referred to Committee on Judiciary

H. 4216 (Word version) -- Rep. Huggins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-355 SO AS TO PROVIDE THAT A PROPERLY TRAINED COMMUNITY RESIDENTIAL CARE FACILITY STAFF MEMBER MAY ADMINISTER INJECTIONS OF MEDICATIONS FOR DIABETES, OSTEOPOROSIS, AND CONDITIONS ASSOCIATED WITH ANAPHYLACTIC REACTIONS.

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

H. 4217 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-77-60 SO AS TO RESTRICT AN ATTORNEY, HIS LAW FIRM, AND ANY OF THE LAW FIRM'S ENTITIES OR SUBSIDIARIES FROM REPRESENTING THE STATE FOR THREE YEARS AFTER THE FILING OF A LAWSUIT AGAINST THE STATE IN WHICH THE ATTORNEY OR THE FIRM IS ENGAGED.

Referred to Committee on Judiciary

H. 4218 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 17 TO TITLE 50 SO AS TO PROVIDE FOR THE REGULATION OF VENOMOUS REPTILES, CONSTRICTING SNAKES, AND CROCODILIANS, INCLUDING SPECIFICATIONS FOR HOUSING AND TRANSPORTATION ENCLOSURES, WRITTEN BITE, SAFETY, AND ESCAPE PROTOCOLS; LAW ENFORCEMENT PROCEDURES; REQUIREMENTS TO DETERMINE IF A REPTILE IS REGULATED UNDER THIS CHAPTER AND FOR MAKING FINAL DISPOSITIONS OF THESE REPTILES; ACTIVITIES NOT SUBJECT TO REGULATION UNDER THIS CHAPTER; CRIMINAL PENALTIES FOR VIOLATIONS; AND TO PROVIDE THAT CERTAIN CONDUCT CONSTITUTES RECKLESS DISREGARD FOR THE SAFETY OF OTHERS AND SUBJECTS VIOLATORS TO PUNITIVE DAMAGES IN CIVIL ACTIONS.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

Last Updated: November 17, 2009 at 2:19 PM