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
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.
However, the Division of General Services shall not be transferred to the Department of Administration until the director of the Department of Administration enters into a memorandum of understanding with appropriate officials of applicable legislative and judicial agencies or departments regarding certain matters. The Department of Administration also includes an Executive Budget Office charged with conducting analysis, coordinating executive agency requests for funding and evaluating program performance. All transactions involving real property, made for or by any governmental bodies, excluding political subdivisions of the State, must be approved by and recorded with the Department of Administration, except that a transfer of real property exceeding one million dollars in value shall instead be approved by the Budget and Control Board. Whenever the Budget and Control Board maintains any responsibility related to a program administered by the Department of Administration, the board is authorized to receive and expend revenues generated by the programs to support the board's responsibilities related to the programs. The Department of Administration shall use the existing resources of each division transferred to the department. The legislation allows the Department of Administration to receive an equitable allocation of funding, personnel, equipment and supplies from the Budget and Control Board. During the year 2015, the Legislative Audit Council shall conduct a performance review of the provisions of this legislation to determine its effectiveness and achievements. The General Assembly shall undertake a joint oversight review investigation of the Department of Administration during the department’s fifth year of operation. Additionally, the Small and Minority Business Assistance Office, currently located within the Governor’s Office of Executive Policy and Programs, is transferred to the Office of the Secretary of State. The Continuum of Care for Emotionally Disturbed Children Division is transferred from the Governor’s Office to the Department of Mental Health.
H.3066 includes provisions for LEGISLATIVE OVERSIGHT OF EXECUTIVE DEPARTMENTS. In order to determine whether laws and programs addressing subjects within the jurisdiction of a legislative committee are being implemented and carried out in accordance with the intent of the General Assembly and whether they should be continued, curtailed, or eliminated, this legislation provides that each standing committee shall review and study on a continuing basis: (1) the application, administration, execution, and effectiveness of laws and programs addressing subjects within its jurisdiction; (2) the organization and operation of state agencies and entities having responsibilities for the administration and execution of laws and programs addressing subjects within its jurisdiction; and (3) any conditions or circumstances that may indicate the necessity or desirability of enacting new or additional legislation addressing subjects within its jurisdiction. The legislation includes provisions for the assignment of agencies to standing committees; there are also provisions for joint investigating committees. Each standing committee must conduct oversight studies and investigations at least once every seven years on all agencies within its jurisdiction. Also a standing committee may by a majority vote initiate a study or an investigation of an agency within its jurisdiction. An investigating committee may vest its investigative authority in a subcommittee. The legislation includes provisions detailing how an investigating committee may acquire evidence or information, including requiring an agency to prepare and submit a program evaluation report. The chairman of the investigating committee may direct the Legislative Audit Council to perform a study of the program evaluation report or to perform its own audit of the program or operations being studied or investigated by the investigating committee. All testimony given to the investigating committee must be under oath. All witnesses are entitled to counsel, and a witness shall be given the benefit of any privilege which he may have claimed in court as a party in a civil action. Anyone who wilfully gives false, materially misleading, or materially incomplete testimony under oath is guilty of the felony offense of contempt of the General Assembly subject to a fine within the discretion of the court and/or imprisonment for not more than five years. The legislation also establishes the felony offense of criminal contempt for persons subpoenaed to attend as a witness before either house of the legislature or a legislative committee. The House approved and sent to the Senate H.3152, a PROPOSED CONSTITUTIONAL AMENDMENT ALLOWING THE JOINT ELECTION OF THE GOVERNOR AND THE LIEUTENANT GOVERNOR. Under the proposal, a gubernatorial candidate would, beginning with the general election of 2014, select a running mate to fill the position of Lieutenant Governor in a manner similar to the election of the President and Vice President at the national level. The joint resolution further provides that the General Assembly shall provide by law the manner in which a candidate for Lieutenant Governor is selected. If approved by the General Assembly, the proposed amendment to the South Carolina Constitution must be submitted to the state’s voters at the next general election. The House approved and sent to the Senate H.3070, a PROPOSED CONSTITUTIONAL AMENDMENT ALLOWING FOR THE APPOINTMENT OF THE SUPERINTENDENT OF EDUCATION BY THE GOVERNOR. This joint resolution proposes to amend the South Carolina Constitution so as to remove the Superintendent of Education from the list of officers who are required to be elected statewide. The legislation provides, instead, that the Superintendent of Education must be appointed by the Governor, upon the advice and consent of the General Assembly. The joint resolution further provides that the General Assembly shall provide by law for the duties, compensation, and qualifications for the office and the procedures for removal from office. If approved by the General Assembly, the proposed amendment to the South Carolina Constitution must be submitted to the state’s voters at the next general election. The House approved and sent to the Senate H.3668, a bill that REPEALS A PROVISION RELATING TO THE DRIVER'S LICENSE SUSPENSION OF A PERSON CONVICTED OF A CONTROLLED SUBSTANCE VIOLATION as recommended by the South Carolina Sentencing Reform Commission. The House amended, approved, and sent to the Senate H.3621, a bill relating to TASTINGS CONDUCTED AT RETAIL LIQUOR STORES. The legislation revises provisions governing the sampling of wines containing over sixteen percent by volume of alcohol, cordials, and other distilled spirits so as to permit retailers to conduct tastings. The legislation also provides that the sample is limited to products from no more than one wholesaler at one time. All product samples used for tastings must be purchased by the retailer from a South Carolina Licensed Wholesaler. All associated costs for the tasting must be paid for by the manufacturer, the retailer, or its agent, conducting the tasting. Current law provides that at least ten days before the sampling, a letter detailing the specific date and hours of the sampling must be mailed first class to the South Carolina Law Enforcement Division. This legislation further provides that the letter must include a copy of a certificate of liability insurance for the manufacturer, the retail establishment, or its agent, conducting the tastings. The House amended, approved, and sent to the Senate H.3478, dealing with MOTOR FUEL BLENDING. This bill provides that the requirements relating to petroleum products and diesel fuel suitable for blending for sale of unblended products without necessary additives, recordkeeping and registration, enforcement, wholesaler responsibility, liability and notice, applies to every terminal operator, every supplier, permissive supplier and refiner or any entity that is involved in the bulk transfer of motor fuel in the state. In addition, the bill adds that the Department of Revenue has the authority to investigate and prosecute any violations. The House amended, approved, and sent to the Senate H.3586, regarding the enhancement of FISHING PIERS. The legislation requires no permits for associated amenity structures constructed on fishing piers if local government has the responsibility for the planning and zoning to authorize construction of those amenity structures. In addition, associated amenity structures do not include those used as overnight accommodations or those consisting of more than two stories above the pier decking. The House amended, approved, and sent to the Senate H.3587, regarding DREDGING CANALS. This legislation adds an exemption for maintenance dredging in existing navigational canals in the Cherry Grove community.
The full committee met on Tuesday, March 1, 2011, and reported out four bills. H.3113, regarding OPEN SEASON FOR ANTLERED DEER received a favorable with amendment report from the committee. The legislation moves Horry County to Game Zone 5 (Georgetown County). The committee gave a favorable with amendment recommendation to H.3478, dealing with MOTOR FUEL BLENDING. This bill provides that the requirements relating to petroleum products and diesel fuel suitable for blending for sale of unblended products without necessary additives, recordkeeping and registration, enforcement, wholesaler responsibility, liability and notice, applies to every terminal operator, every supplier, permissive supplier and refiner or any entity that is involved in the bulk transfer of motor fuel in the state. In addition, the bill adds that the Department of Revenue has the authority to investigate and prosecute any violations. H.3586, regarding the enhancement of FISHING PIERS, was given a favorable with amendment recommendation by the committee. The legislation requires no permits for associated amenity structures constructed on fishing piers if local government has the responsibility for the planning and zoning to authorize construction of those amenity structures. In addition, associated amenity structures do not include those used as overnight accommodations or those consisting of more than two stories above the pier decking. The committee gave a favorable with amendment report to H.3587, regarding DREDGING CANALS. This legislation adds an exemption for maintenance dredging in existing navigational canals in the Cherry Grove community.
The full Education and Public Works Committee did not meet this week.
The Judiciary Committee met on Tuesday, March 1, and reported out several items. H.3658, which enacts the "SOUTH CAROLINA EMPLOYER FREE SPEECH ACT," received a favorable report from the full committee. This legislation provides that an employer in this State is not required to post, physically, electronically, or otherwise, notices informing employees of their rights under the National Labor Relations Act, court decisions implementing those rights, or information pertaining to the enforcement of those rights. The Judiciary Committee gave a favorable recommendation to H.3438 which allows EXCLUSION OF CERTAIN ITEMS FROM LIENS FOR REPAIR OR STORAGE. Relating to liens for repair or storage, this legislation excludes from these liens the contents of a towed, stored, or repaired motor vehicle, trailer, mobile home, watercraft, or other item or object subject to towing, storage, or repair. S.277 received a favorable report. This legislation RATIFIES AN AMENDMENT TO THE STATE CONSTITUTION TO GUARANTEE THE RIGHT OF AN INDIVIDUAL TO VOTE BY SECRET BALLOT FOR A DESIGNATION, A SELECTION, OR AN AUTHORIZATION FOR EMPLOYEE REPRESENTATION BY A LABOR ORGANIZATION. This amendment was approved by voters at the last general election. The full committee gave a favorable with amendment report to H.3267, legislation providing for the CONSOLIDATION OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES WITH THE DEPARTMENT OF CORRECTIONS. This legislation transfers all functions, powers, duties, responsibilities and authority statutorily exercised by the Department of Probation, Parole and Pardon Services to the Department of Corrections, Division of Probation, Parole and Pardon Services. H.3667 received a favorable recommendation. This legislation ESTABLISHES THE FELONY OFFENSE OF CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE when the actor is over the age of fourteen and commits certain acts with a child under the age of sixteen; the legislation includes an exception for certain consensual conduct when the actor is eighteen years of age or less and the other person is at least fourteen years of age. The legislation also repeals section 16-15-140, relating to committing or attempting to commit a lewd act upon a child under the age of sixteen.
The full committee did not meet this week.
The Medical, Military, Public and Municipal Affairs Committee met on Tuesday, March 1, 2011, and reported out several bills. H.3012, regarding the "LICENSURE OF IN-HOME CARE PROVIDER ACT" was given a favorable with amendment recommendation from the full committee. The legislation requires the Department of Health and Environmental Control (DHEC) to establish a licensure program for in-home care providers. "In-home care" means assistance with activities of daily living and personal care. An in-home care provider is defined as a person or business that directly provides in-home care services through its own employees or through contractual arrangements. DHEC must include standards for liability insurance in in-home care regulations. The legislation requires drug testing for licensed in-home care providers and for their employees and makes them subject to random drug testing.
In-home care provider does not include a licensed home health agency or hospice; an individual who cleans houses; a residential program and its employees which is operated or contracted for operation by the Department of Mental Health (DMH) or the Department of Disabilities and Special Needs (DDSN); DDSN Family Support Program services including, but not limited to, family support services coordination, information, referral, advocacy, educational materials, emergency and outreach services, and other individual and family centered assistance services ; an in-home care services obtained through churches and other religious institutions as long as the care is provided without compensation or for a nominal fee to cover incidental expenses; or individuals hired directly by the person receiving care or by his family. H.3038, relating to TATOO FACILITY ENGAGING IN ANOTHER RETAIL BUSINESS was given a favorable recommendation from the committee. This bill allows a tattoo facility to include the sale of merchandise with images and language promoting the art and culture of tattooing. H.3170, relating to the STUDY COMMITTEE ON VETERAN HOMELESSNESS was given a favorable with amendment recommendation from the committee. This joint resolution establishes a committee to study issues affecting veteran homelessness. The committee shall study the approximate number of homeless veterans residing in this state; the approximate number of South Carolina veterans who have been diagnosed with post traumatic stress disorder; the root causes of veteran homelessness and reasons why traditional veterans affairs services are not alleviating the situation, particularly with regard to job placement services; and the availability of basic human services to most economically disadvantaged veterans. The committee shall consider information and recommendations from the State Office of Veterans Affairs, the veteran community, as well as organizations and healthcare facilities that provide services for homeless veterans.
The committee is comprised of three members of the Senate and three members of the House of Representatives. The committee shall render a written report of its findings and recommendations to the General Assembly and to the Governor not later than January 31, 2012, at which time the committee shall be dissolved and this joint resolution shall expire. H.3378, dealing with the EMERGENCY DETENTION OF TUBERCULOSIS PATIENTS was given a favorable recommendation from the full committee. This bill updates and revises the existing TB treatment and commitment statute. The bill establishes procedures for DHEC to use when issuing an emergency order for TB treatment, observed therapy compliance, and emergency detention and isolation when the department determines it is necessary to protect the public health or the health of the individual. The person would be detained in a health care facility designated by DHEC. An emergency order must include notice to the patient that the patient has the right to request release from isolation. Without a court order, detention under an emergency order may not continue more than 30 days. If a detained person leaves the facility without medical permission, a probate judge will request the county sheriff return the patient to the facility or prison facility if necessary. Tuberculosis (TB) is a bacterial disease found primarily in the lungs. It is spread from person to person through the air by coughing. According to DHEC, approximately 150,000 South Carolinians are infected with TB. South Carolina has consistently ranked among the top 10 states nationally in the number of new cases. H.3496, relating to the BLOOD BORNE DISEASE CONFIDENTIALITY REQUIREMENT was given a favorable recommendation from the committee. The South Carolina Department of Health and Environmental Control is required to keep records regarding sexually transmitted diseases, including HIV/AIDS, strictly confidential except in specific circumstances. In cases involving a minor, DHEC is required to report the child’s name and medical information to appropriate agents if a report is required by the Child Protection Act. In addition, if a public school student has AIDS or HIV, DHEC is required to notify the school district superintendent and the school nurse. This bill will delete the public school notification requirement. The bill also requires each school district to adopt the Centers for Disease Control and Prevention (CDC) recommendations on universal precautions for blood borne disease exposure and communicate the appropriate procedures with each school within the district.
The full committee did not meet this week.
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