Legislative Update
March 3, 2009
Vol. 26, No. 07

South Carolina House of Representatives
Robert W. Harrell, Jr., Speaker of the House

OFFICE OF RESEARCH AND CONSTITUENT SERVICES
Room 212, Blatt Building, P.O. Box 11867, Columbia, S.C. 29211, (803) 734-3230


CONTENTS

NOTE: THESE SUMMARIES ARE PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND ARE NOT THE EXPRESSION OF THE LEGISLATION'S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. THEY ARE STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND ARE NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.


Legislative Update, March 3, 2009

HOUSE WEEK IN REVIEW

The House of Representatives amended and gave second reading approval to H.3418, a bill establishing a PHOTOGRAPH IDENTIFICATION REQUIREMENT FOR VOTING. Under this bill, when a person presents himself to vote, he shall produce a valid South Carolina driverís license, other form of identification containing a photograph issued by the Department of Motor Vehicles, or a passport or military identification issued by the federal government. The bill requires one of the managers to compare the photograph contained on the required identification with the person presenting himself to vote and verify that the photograph is that of the person seeking to vote. If the elector cannot produce a valid South Carolina driverís license or other approved form of identification, the elector may cast a provisional ballot that is counted only if the elector brings a valid photo identification to the board of voter registration prior to certification by the county board of canvassers. The legislation extends the time for the meeting and organization of the county board of canvassers until ten days from the date of the general election, and the Board of State Canvassers shall meet at the office of the Election Commission no more than five days after the commissioners of election meet pursuant to Section 7-17-10. The legislation also provides that the Department of Motor Vehicles shall issue a special identification card at no charge; currently, there is a fee for the issuance of this special identification card.

The House amended and gave second reading approval to H.3067, a bill relating to METHODS OF NOMINATING CANDIDATES (FUSION VOTING) and the ELIMINATION OF THE BALLOTíS STRAIGHT PARTY TICKET VOTING OPTION. This bill prohibits a candidate from filing more than one statement of intention of candidacy for a single election. The bill prohibits a candidate from being nominated by more than one political party for a single office in an election. The bill further prohibits a candidateís name from appearing on the ballot more than once for any single office for the same election. The legislation also eliminates provisions for straight party ticket voting on the ballot, providing instead that only those candidates for whom the voting square is marked shall receive a vote.

The House approved and sent to the Senate H.3245, relating to PREREQUISITES FOR PERFORMING AN ABORTION. This bill provides if an ultrasound is performed, an abortion must not be performed sooner than 24 hours, rather than 60 minutes, following the completion of the ultrasound. The bill provides that a woman also must be informed by the physician who is to perform the abortion or by a allied health professional working in conjunction with the physician of the procedure to be involved and by the physician who is to perform the abortion of the probable gestational age of the embryo or fetus, verified by an obstetric ultrasound, if performed, at least twenty-four hours before an abortion is performed. The bill further provides that an abortion may not be performed sooner than 24 hours, rather than one hour, after the woman receives certain written materials.

The House approved and sent to the Senate H.3342, the ĎBORN-ALIVEí LEGISLATION. The legislation provides that, in determining the meaning of any act or joint resolution of the General Assembly or in a regulation promulgated pursuant to Article 1, Chapter 23, Title 1, the words 'person', 'human being', 'child', and 'individual', must include every infant member of the species homo sapiens who is born alive at any stage of development. The term 'born alive', with respect to a member of the species homo sapiens, means the complete expulsion or extraction from the mother of that member, at any stage of development, who after the expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion. Nothing in this legislation may be construed to affirm, deny, expand, or contract any legal status or legal right applicable to any member of the species homo sapiens at any point before being 'born alive' as defined in this legislation.

The House amended, approved, and sent to the Senate H.3343, relating to ATTORNEY ACCESS TO CLIENTS IN A JAIL OR DETENTION CENTER. This bill provides that the administrator of a jail or local detention facility shall provide an attorney access to his clients who are confined in these facilities at any time the attorney requests such access. However, the administrator of a jail or local detention facility may reasonably delay the requested access when exigent circumstances exist or when, in the normal course of business, the jail or local detention facility is in lockdown for the purpose of maintaining safe and orderly operation of the jail or local detention facility. In all circumstances, the administrator of the jail or local detention facility shall schedule visitation space and times that accommodate the attorney's schedule, as well as the facilities' needs, without unnecessary delay.

The House amended, approved, and sent to the Senate H.3123, relating to the UNAUTHORIZED PRACTICE OF LAW. This bill provides that no person may either practice law or solicit the legal cause of another person or entity in this State unless he is enrolled as a member of the South Carolina Bar pursuant to applicable court rules, or otherwise authorized to perform prescribed legal activities by action of the Supreme Court of South Carolina. The specific conduct that is the subject of any charge filed pursuant to this section must have been defined as the unauthorized practice of law by decisions of the Supreme Court of South Carolina prior to any charge being filed.

The House amended, approved, and sent to the Senate H.3170, a joint resolution creating the JOINT ELECTRONIC HEALTH INFORMATION STUDY COMMITTEE to examine factors affecting the adoption of health information technology in this state. The committee is composed of: (1) nine members appointed by the Governor that must include a physician, a hospital administrator, a pharmacist, a consumer representative, a representative of the health insurance industry, a representative from the information technology sector with expertise in electronic privacy issues, a representative of the South Carolina Emergency Medical Services Association, and a member of the public at-large; (2) three members of the House of Representatives appointed by the Speaker of the House of Representatives; and (3) three members of the Senate appointed by the President Pro Tempore of the Senate. The staffing for the committee must be provided by the Department of Health and Human Services and the appropriate committees of the Senate and House of Representatives that oversee health care policy. The members of the committee may not receive compensation and are not entitled to receive mileage, subsistence, and per diem. The committee shall submit its report to the General Assembly and Governor before January 1, 2010, at which time it is abolished.

The House amended, approved, and sent to the Senate H.3565, a bill AUTHORIZING COUNTY AND CITY COUNCILS TO APPROVE IMMEDIATE REDUCTIONS IN SALARIES OF COUNCIL MEMBERS. This bill provides that an ordinance reducing the salary of a county or city council member is effective on third reading of the ordinance, unless provided otherwise. Under current law, the salary of these elected officials cannot be altered during the terms of office.

The House approved and sent to the Senate H.3179, a bill creating the "SOUTH CAROLINA FARM TO SCHOOL PROGRAM" within the South Carolina Department of Agriculture to foster a direct relationship between South Carolina farms and schools that provides schools with fresh and minimally processed foods for student consumption. This bill also provides for the duties and responsibilities of a program director and establishes a website dedicated to program initiatives.

The House amended, approved, and sent to the Senate H.3175, relating to ADMISSION TO A CHARTER SCHOOL. This bill provides that enrollment priority may be given to a sibling of a pupil who is currently enrolled or who, within the last three years, attended the school for at least one academic year.

The House approved and sent to the Senate H.3187, a bill providing for a MECHANICSí LIEN ON REAL ESTATE TO SECURE PAYMENT OF DEBTS FOR LANDSCAPING SERVICES. This bill provides that a person who furnishes a landscape service that exceeds fifteen thousand dollars on a parcel of 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 that service, has a mechanicsí lien on the real estate to secure payment of the debt due to him.

The House approved and sent to the Senate H.3247, a bill relating to CHARGES FOR WATER USE IN RENTED MULTI-FAMILY DWELLINGS. This bill allows a landlord of a multi-family dwelling to employ certain equipment or methodology to determine the quantity of water provided to each single-family residence within the dwelling, and it allows the landlord to charge a tenant for water and wastewater used by his single-family residence.

The House approved and sent to the Senate H.3042. This bill authorizes the combative sport of MIXED MARTIAL ARTS in South Carolina, and provides the State Athletic Commission is to supervise and regulate mixed martial arts competitions. The legislation repeals a provision relating to ultimate fighting events as being unlawful.

The House approved and sent to the Senate H.3080, allowing for a MODIFICATION OR WAIVER OF A RESTRICTED DRIVER'S LICENSE. Under this bill the restrictions contained in a restricted driver's license issued to a minor may be modified or waived by the Department of Motor Vehicles, if the restricted licensee proves that the restriction interferes with travel between the licensee's home and religious sponsored events.

The House amended, approved, and sent to the Senate H.3094, pertaining to AMBULANCES. This bill provides that it is unlawful for a person to operate a vehicle that is upfitted as an ambulance or no longer permitted and licensed as an ambulance unless the vehicle's exterior equipment and markings that distinguish it as an ambulance are removed. The bill establishes both misdemeanor and felony offenses for violations. Exceptions are provided for: (1) eleemosynary or not-for-profit organizations that operate an ambulance that is no longer permitted and licensed and whose exterior markings have been removed for use in parades, fundraising activities, and other official functions; (2) a person operating a vehicle that is going from the place of purchase to his home or his fixed place of business; or (3) a person operating a vehicle going to a location for the purpose of removing the vehicle's exterior equipment or markings.

The House amended, approved, and sent to the Senate H.3121, a bill providing that it is UNLAWFUL TO REMOVE CERTAIN KINDS OF TURTLES FROM THE STATE. The legislation provides that it is unlawful for a person, or a group of individuals traveling in one vehicle, to remove, or attempt to remove from this State more than ten, either in one species or a combination of species, of the named species of turtles at one time with a maximum of twenty turtles of these species, either individually or in combination in any one year: yellowbelly turtle (Trachemys scripta), Florida cooter (Pseudemys floridana), river cooter (Pseudemys concinna), chicken turtle (deirochelys reticularia), eastern box turtle (Terrapene Carolina), eastern painted turtle (Chrysemys picta), spiny softshell turtle (Apalone spinifera), Florida softshell turtle (Apalone ferox), and common snapping turtle (Chelydra serpentine). A person violating these provisions is guilty of a misdemeanor and subject to a fine of two hundred dollars. Each turtle unlawfully removed or in possession of a person attempting to remove them unlawfully constitutes a separate offense. The provisions of this legislation do not prohibit the sale, offer for sale, or purchase of the yellowbelly turtle (Trachemys scripta) species and the common snapping turtle (Chelydra serpentine) species if these turtles were taken from a permitted aquaculture facility with required documentation.


HOUSE COMMITTEE ACTION

There were no full committee meetings that addressed legislation, which is covered by the Legislative Update, this week.


BILLS INTRODUCED IN THE
HOUSE THIS WEEK

AGRICULTURE, NATURAL RESOURCES, AND
ENVIRONMENTAL AFFAIRS

S.195 WATERCRAFT SAFETY REGULATIONS Sen. McConnell
This bill excludes a person over the age of twelve from wearing a personal floatation device if he or she is in possession of a non-operating personal watercraft that is in three feet of water or less, or anchored, or moored to a fixed or stationary floating object, excluding another personal watercraft.

H.3603 POLLUTION CONTROL ACT Rep. Gullick
This bill outlines that a person who causes a polluted condition in the waters of this state because of exceeding a threshold or violating a standard of water quality shall give public notice of the polluted condition or violation. The Department of Health and Environmental Control shall develop a procedure for this public notice. The bill provides penalties for the violation.

H.3635 SALTWATER FISHING LICENSES Rep. Hodges
Among many things, this bill outlines exemptions from purchasing recreational saltwater fishing licenses. This bill provides guidelines for how the sale of stamps and saltwater fishing licenses revenue should be distributed. Numerous statutes are repealed to conform to these provisions.

H.3636 ACCESS TO MARINA RECORDS AND PREMISES Rep. Hutto
This bill requires all marinas to verify registration information of all watercraft leasing, renting, or other occupying space at its facility.

EDUCATION AND PUBLIC WORKS

H.3626 BUS SAFETY STANDARDS Rep. McLeod

This bill provides that former charter buses are exempt from the required bus safety standards when owned and operated by a school district.

JUDICIARY

S.98 DUTY OF THE OWNER OF A BOAT LIVERY Sen. Land
This bill removes provisions mandating the owner of a boat liveryís liability for negligent operation of a vessel.

S.191 "SOUTH CAROLINA REDUCTION OF RECIDIVISM ACT OF 2009" Sen. McConnell
The stated intent of this comprehensive legislation is to provide law enforcement officers with the statutory authority to reduce recidivism rates of probationers and parolees, apprehend criminals, and protect potential victims from criminal enterprises.

S.245 CHILD SUPPORT PAYMENTS Sen. McConnell
This bill permits a family court judge to make an order for child support run past the age of eighteen if the child is enrolled and still attending high school, not to exceed high school graduation or the end of the school year after the child reaches nineteen years of age, whichever occurs first.

S.432 SENTENCING REFORM COMMISSION Sen. Malloy
This joint resolution extends the time in which the Sentencing Reform Commission, as established by Act 407 of 2008, shall submit its report to the Chairman of the Senate Judiciary Committee and the Chairman of the House Judiciary Committee from June 1, 2009, to February 1, 2010, at which time the commission shall be dissolved.

H.3601 "JERRYíS LAW" Ė RELATING TO THE PUNISHMENT FOR MURDER Rep. Crawford
This bill adds the murder of a vulnerable person 70 years of age or older to the list of statutory aggravating circumstances for purposes of the death penalty.

H.3604 VOTER REGISTRATION Rep. Mack
This bill requires a high school student, seventeen years of age, be furnished a voter registration form and be instructed in a classroom environment or through a method approved by the local school district as to the importance of voting. The bill allows a student to opt out of the process. The legislation requires a high school registrant be mailed a voter registration card before the first election in which he is eligible to vote. The legislation also provides that a citizen otherwise ineligible to vote who is released from incarceration receive a registration form with a letter explaining that his voting rights have been restored and that he is eligible to register and vote, and the bill requires county election boards to register citizens who swear or affirm the voter declaration regarding service of sentence without additional proof.

H.3605 CANDIDATES FOR ELECTORS OF THE PRESIDENT AND THE VICE PRESIDENT Rep. Mack
This bill specifies that there must be eight candidates for electors of the President and the Vice President, two to be appointed at large and six to be appointed to represent the six congressional districts. This bill requires that the highest number of votes statewide constitutes election of the two at-large presidential electors for that party or petition candidate and that the highest number of votes in a congressional district constitutes election of the congressional district presidential elector of that party or petition candidate. The bill repeals section 7-19-80 relating to the elector's declaration of the candidate for whom he will vote.

H.3606 SHORT STATE BALLOTS AND SHORT COUNTY BALLOTS Rep. Mack
This bill defines a "short state ballot" and "short county ballot." The bill allows an elector to vote for candidates in any precinct in the State or in the county in which he resides. The bill allows a qualified elector to cast a provisional ballot in any precinct in the county in which he is registered. Among other things, the bill provides a procedure for casting the ballot, and provides how the qualified elector may cast the ballot only for offices for which he is qualified.

H.3607 POLL MANAGERS AND ASSISTANTS Rep. Mack
This bill deletes the requirement that one sixteen- or seventeen-year-old person may be appointed to a precinct for every two regular poll managers.

H.3608 EARLY VOTING CENTERS Rep. Mack
This bill provides that the authority charged by law conducting an election shall establish early voting centers. The bill establishes early voting centers to allow a registered county resident to vote outside their precinct. The bill outlines a procedure by which a qualified elector may register to vote and cast a ballot during the early voting period.

H.3609 ELECTIONS STUDY COMMISSION Rep. Mack
This bill creates the Elections Study Commission and provides for its membership, duties and responsibilities. Among other things, the bill requires the commission to make a report to the Governor and the General Assembly within 90 days of each general election containing recommendations to improve citizen-informed participation in the electoral process.

H.3614 PROPOSED CONSTITUTIONAL AMENDMENT RELATING TO CERTAIN CONSTITUTIONAL OFFICERS Rep. Harrell
This joint resolution proposes to the amend the State Constitution relating to the constitutional officers of this State, so as to delete the Adjutant General, Commissioner of Agriculture, Secretary of State, and Superintendent of Education from the list of State officers which the constitution requires to be elected. 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. Relating to the Adjutant General and his staff officers, this legislation updates references to his title and military rank. This legislation also provides for the joint election of Governor and Lieutenant Governor beginning with the general election of 2014.

H.3620 RAFFLES CONDUCTED BY CERTAIN ORGANIZATIONS Rep. Gullick

This bill provides that law enforcement officials may not charge a civic club with a statewide or national affiliation, a church, or a school or school-sponsoring organization conducting a raffle for the benefit of the organization, where all the proceeds inure to the benefit of the organization, and no third party paid entity is operating the raffle, with a violation of law but instead shall inform the organization in writing that the conduct of the raffle violates state law. Any individual associated with the sponsoring organization also may not be charged. Any organization to which this section applies may not conduct more than two such raffles a calendar year.

H.3629 RAFFLES CONDUCTED BY CHARITABLE ORGANIZATIONS Rep. Umphlett

This bill permits the lawful operation of the lottery game known as a "raffle" when it is conducted by a charitable organization and all the proceeds except cost of prizes and printing of tickets are used for the tax exempt purposes of the organization.

H.3630 MUNICIPAL ELECTIONS Rep. Weeks

This bill requires all Municipal Election Commissioners and staff to complete a training and certification program conducted by the State Election Commission.

H.3631 ABSENTEE BALLOTS Rep. Weeks

This bill deletes the requirement that the signature or mark of an absentee applicant be witnessed.

H.3632 PROPOSED CONSTITUTIONAL AMENDMENT RELATING TO RAFFLES Rep. Gullick

This joint resolution proposes to amend the State Constitution so as to provide that a raffle conducted by a charitable, religious, community-service, education-related, or fraternal organization exempt from federal income taxation is not a lottery prohibited by State Constitution. The proposed constitutional amendment further provides that the General Assembly, through the enactment of general law, shall establish the limitations and procedures for the raffles.

H.3633 EARLY VOTING Rep. Clemmons

This bill provides that the State Election Commission shall establish a procedure by which a qualified elector may cast his ballot in person without excuse during an early voting period. Among other things, the bill establishes early voting centers to allow a registered county resident to vote outside their precinct, provides for the establishment of early voting locations, their hours of operation, and requires these locations and times to be in compliance with the provisions of section 30-4-80. The bill amends section 7-15-330, relating to the time of application for an absentee ballot, so as to delete the authorization that an application may be requested by a member of the immediate family of the elector or an authorized representative and deletes the provision allowing a person to vote in person by absentee ballot. The bill amends section 7-15-340, relating to the form of the application for an absentee ballot, to remove all mention of reason to vote absentee, except for certain federal purposes. The bill amends section 7-15-370, relating to furnishing ballots and envelopes, to remove all mention of qualifications to receive an absentee ballot. The bill repeals section 7-15-470 relating to the authorization of a county board of registration to use other methods of voting by absentee ballot instead of paper ballot.

H.3639 INCREASED NUMBER OF CIRCUIT COURT AND FAMILY COURT JUDGES Rep. G. M. Smith

This bill increases the number of at-large circuit court judges from thirteen to sixteen. The bill also adds three additional family court judges who shall be at large and must be elected without regard to their county or circuit of residence.

LABOR, COMMERCE AND INDUSTRY

S.132 UNSOLICITED CHECKS Sen. Sheheen
This bill provides that a lender who delivers an unsolicited check to a person must disclose that the check secures a loan, the terms of the loan, and notice that by negotiating the check the recipient has entered into a loan agreement. The bill provides protection and recourse for intended payees if an unsolicited check is cashed fraudulently. The legislation provides that a violation of these provisions is an unfair trade practice and subject to appropriate penalties and enforcement.

S.184 JUNK DEALERS Sen. McConnell
This bill requires any person buying junk that consists of a catalytic converter or twenty-five pounds or more of scrap metal or vehicle parts, other than nonferrous metals, to keep with the record of purchase a photocopy of the sellerís driverís license or other government issued picture identification card that shows the sellerís name and address. The buyer must make payment to the seller by means of a check mailed to the sellerís address as shown on the sellerís driverís license or other government issued picture identification card or to the sellerís physical business address. The legislation revises penalties for violating junk dealer provisions, so as to increase the maximum fine from one hundred dollars to five hundred dollars and to establish that each violation constitutes a separate offense. The legislation also subjects demolishers to these requirements for record-keeping and payment in purchases of catalytic converters, and vehicle parts with a total weight of twenty-five pounds or more. A demolisher who violates these provisions is guilty of a misdemeanor and is subject to a fine of no more than five hundred dollars for each offense not to exceed five thousand dollars for the same set of transactions or occurrences, and/or imprisonment for no more than sixty days. Each violation constitutes a separate offense. The legislation provides that a vehicle that has had at least two colored tags previously placed on it is an abandoned vehicle and may be removed immediately by a law enforcement agency to a designated placed to be sold. The legislation also provides that it is unlawful for a junkyard owner to allow motor vehicles to be parked on a highway adjacent to its property.

H.3615 PRENEED FUNERAL CONTRACTS Rep. Sandifer
This bill transfers the powers and duties for the regulation of preneed funeral contracts from the State Board of Financial Institutions to the Department of Consumer Affairs. The legislation increases criminal fines for violations and provides for administrative penalties. The legislation provides for a contested case hearing from an order of the department.

H.3622 REVOCATION OF VESTED RIGHTS Rep. Umphlett
This bill revises conditions and limitations in connection with the "Vested Rights Act", so as to provide for revocation of vested rights established pursuant to the act if a landowner seeks a variance, regulation, special exception, or other modification that materially or substantially affects the approved development plan.

H.3628 RENEWABLE ENERGY Rep. Brady
This bill creates the South Carolina Renewable Energy Plan, so as to authorize the Public Service Commission to approve renewable energy projects to demonstrate the feasibility and viability of clean energy systems. The legislation provides for full recovery of certain costs incurred by a provider for a renewable energy project. The legislation requires each municipal electric utility, each rural electric cooperative, and the Public Service Authority to develop standards for promotion, encouragement, and expansion of renewable energy resources and establishes reporting requirements for this information. The legislation limits the regulation of solar collectors by municipalities and counties. The legislation provides that a deed restriction, covenant, or similar binding agreement that would prohibit or restrict installation of a solar collector for certain purposes is void and unenforceable, and provides exceptions. The legislation establishes the South Carolina Renewable Energy Infrastructure Development Fund in the State Treasury. The legislation creates the South Carolina Renewable Energy Revolving Loan Program to provide a low interest loan to an individual or organization to build a qualified renewable energy production facility. The legislation create the South Carolina Renewable Energy Grant Program to provide a grant to a private or public entity in this state to help the entity become more competitive in obtaining grants to generate renewable energy-related research and projects to directly benefit this state. The legislation establishes an oversight committee to approve a disbursement from the fund.

H.3634 AUTOMOBILE INSURERS REQUIRED TO PROVIDE NOTICE OF PREMIUM INCREASES BASED ON CHANGES IN CREDIT REPORTS Rep. Frye
This bill provides that, if an insuredís premiums are increased by an automobile insurer, because of a credit report, the insurer shall notify the insured of this fact, and include a copy of the insuredís credit report upon which the insurer based its premium increase at no cost to the insured.

H.3638 DRIVER TRAINING COURSE CREDIT Rep. McLeod
This bill revises provisions relating to driver training course credit toward liability and collision insurance coverage, so as to reduce the initial course from eight to six hours. The legislation allows for a four hour refresher course every three years. The legislation allows the Department of Insurance to promulgate regulations for fifty-five years and older driver safety internet courses.

MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

S.317 DENTAL TECHNOLICAL WORK Sen. Fair
The bill suspends the 2008 provisions relating to dental technological work until July 1, 2010.

H.3596 ALZHEIMERíS DISEASE REGISTRY Rep. Ballentine
The Alzheimerís Disease Registry within the University of South Carolina of Public Health provides a central information data base on individuals with the disease. This bill allows the registry to conduct various studies on causes, as well as studies on services used by individuals with Alzheimerís disease or a related disorder.

H.3600 MEDICAL LABORATORY TEST RESULTS Rep. Gullick
For patients who undergo laboratory testing on an outpatient basis, this bill requires test results to be sent to the patient at the same time the results are sent to the healthcare provider.

WAYS AND MEANS

S.12 SOUTH CAROLINA TAXATION REALIGNMENT COMMISSION Sen. Leatherman
This bill establishes the South Carolina Taxation Realignment Commission and provides for its membership, powers, duties, and responsibilities. The legislation provides that the commission must conduct a comprehensive study of the stateís tax system and submit a report of its recommended changes to further the goal of maintaining and enhancing the state as an optimum competitor in the effort to attract businesses and individuals to locate, live, work, and invest in the state. The legislation establishes procedures governing the consideration of legislation resulting from the commissionís recommendations.

H.3602 RESIDENT VENDOR PREFERENCES IN SCHOOL DISTRICT PROCUREMENT CODES Rep. Moss
This bill provides that a school district required to adopt a procurement code shall give preference to vendors who are residents of South Carolina.

H.3610 STATE SPENDING LIMITED TO THE PREVIOUS YEARíS REVENUE COLLECTION Rep. J. E. Smith
This bill provides that beginning July 1, 2010, state general fund appropriations as contained in the annual general appropriations act combined with any other general fund appropriations in supplemental or other appropriations acts for the fiscal year may not exceed, in the aggregate, the state general fund revenue collections from the previous fiscal year.

H.3623 OPERATION OF VENDING FACILITIES BY BLIND PERSONS Rep. Umphlett
This bill relating to the definition of terms used in relation to the operation of vending facilities by blind persons, so as to revise the definition of "public property" and "property custodian" by removing property owned, leased, or occupied by a county, municipality, or other local governmental entity.

H.3625 COMPETITIVE BEST VALUE BIDDING IN CONNECTION WITH THE CONSOLIDATED PROCUREMENT CODE Rep. Herbkersman
This bill addresses competitive best value bidding in connection with the consolidated procurement code, so as to provide for benefits based funding projects in which payments to vendors depend upon the realization of specified savings or revenue gains. The legislation provides for their required and permissible terms and their funding, requires measurement tools, and provides for oversight by the State Budget and Control Board.

H.3637 ALLOCATION OF COURT ASSESSMENTS AND SURCHARGES TO VICTIM WITNESS PROGRAMS Rep. Vick
This bill revises provisions relating to assessments in courts of the Unified Judicial System, so as to provide that not less than twenty-five percent of the revenue retained from these assessments must be allocated to the victim witness program of the solicitor in whose circuit the county or municipality is situated. The legislation revises provisions relating to general sessions court surcharges, so as to provide that not less than twenty-five percent of the revenue retained from these surcharges must be allocated to the victim witness program of the solicitor in whose circuit the county or municipality is situated.

H.3640 "SOUTH CAROLINA FISCAL ACCOUNTABILITY ACT" Rep. Haley
This bill establishes a process for zero based budgeting and agency evaluations for the purpose of "sun setting" outdated and inefficient programs not in keeping with agency missions and goals and to determine if such programs should be changed to address the priorities and needs of the people of the state.


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