June 3, 2014
Vol. 31, No. 17
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.
Legislative Update, June 3, 2014
HOUSE WEEK IN REVIEW
The House of Representatives concurred in Senate amendments to S.815, a bill providing for STATE ELECTION COMMISSION OVERSIGHT OF COUNTY BOARDS OF VOTER REGISTRATION AND ELECTIONS, and enrolled the bill for ratification. The legislation charges the executive director State Election Commission with supervising the conduct of county boards of voter registration and elections and ensuring that those boards and all who are involved in the elections process comply with state voting law requirements, applicable federal law, and Commission policies and procedures regarding the conduct of elections or the voter registration process. In order ensure compliance, the State Election Commission is directed to conduct reviews, audits, or other postelection analysis. The State Election Commission is empowered to intervene when it finds that local election authorities have failed to comply with election or voter registration requirements or when local election authorities fails to certify the results of an election or referendum in a timely manner. If the State Election Commission determines that an official or an employee of a county board of voter registration and elections has negligently failed to comply with requirements or has failed to cooperate with a corrective plan, the Commission may order the decertification of that official or employee. In order to be recertified, the individual would have to participate in a retraining program approved by the Commission. If the Commission finds that the failure to comply is willful, it shall recommend the termination of the official or staff person. The legislation provides a statewide protocol establishing consolidated county boards of voter registration and elections. The State Election Commission must provide public notice on its website of all new state and local changes to voting procedures, including changes to precincts. The legislation also provides clarification that a political party that has nominated candidates by convention may continue to use this method of nomination.
The House and Senate adopted the free conference report on H.3512, a bill making REVISIONS RELATING TO ALCOHOL SALES, and enrolled the legislation for ratification. The legislation revises provisions relating to BREWERIES as a means of fostering the craft brewing industry in the state. The legislation includes authorization for breweries to operate on-site dining facilities where their beer can be served and allows breweries to apply for retail on-premises consumption permits for the sale of beer and wine produced by others. The legislation provides that RETAIL LIQUOR SALES ARE ALLOWED ON STATEWIDE ELECTION DAYS BUT ARE PROHIBITED ON CHRISTMAS DAY. The legislation makes REVISIONS TO THE ALCOHOLIC BEVERAGE CONTROL ACT including authorization for a retail dealer to offer discounts through the use of premiums, coupons, or stamps at the register rather than having such discounts redeemed by mail. The legislation provides additional limitations and penalties targeting prohibited retail dealer to retail dealer sales, exchanges, or other transactions that bypass wholesalers.
The House concurred in Senate amendments to H.3541, a PROPOSED CONSTITUTIONAL AMENDMENT FOR THE ADJUTANT GENERAL TO BE APPOINTED BY THE GOVERNOR rather than elected, and enrolled the legislation for ratification. The joint resolution proposes to amend the South Carolina Constitution by removing the Adjutant General from the list of statewide elected officials and providing instead for the Adjutant General to be appointed by the Governor, upon the advice and consent of the Senate. The proposed constitutional amendment must be submitted to the state's voters as a ballot question at the next general election. If the constitution is amended, the new appointment process would begin with the expiration of the term of the Adjutant General who is serving in office when the amendment is ratified.
The House concurred in Senate amendments to H.3540 and enrolled the bill for ratification. This legislation makes statutory provisions for the APPOINTMENT OF THE ADJUTANT GENERAL BY THE GOVERNOR in the event that the necessary constitutional amendment is approved by the state's voters and ratified. The legislation establishes provisions relating to: the duties of the office; the minimum command experience, South Carolina National Guard service requirements, and other qualifications for the office; the procedures by which the appointment is made; terms of service; and, the procedures by which the Adjutant General may be removed from office by the Governor only for certain reasons constituting cause.
The House approved S.1173 and enrolled the bill for ratification. The legislation creates a SOUTH CAROLINA PRISONER OF WAR ‘POW’ MEDAL that the Governor may present on behalf of the people of South Carolina to current and former residents of the state who have been held as a prisoner of war in the course of their military service.
The House concurred in Senate amendments to H.5014 and enrolled the bill for ratification. The legislation establishes new provisions for the USE OF DIGITAL VIDEO RECORDINGS TO ENFORCE TRAFFIC VIOLATIONS INVOLVING THE UNLAWFUL PASSING OF STOPPED SCHOOL BUSES. The legislation provides that a school bus may be equipped with a digital video recording device that is mounted so that it has a clear view of vehicles passing the bus on either side and shows the date and time the recording was made as well as an electronic symbol indicating the activation of amber lights, flashing red lights, stop arms, and brakes. Provisions are included to allow traffic citations to be issued based entirely or partially upon images obtained from a digital video recording device mounted on a school bus and for recordings to be used as evidence at hearings related to corroborate the testimony of the school bus driver or any other witnesses. This legislation also eliminates the various endorsements and restrictions that may be attached to a commercial driver license, and instead provides that ENDORSEMENTS AND RESTRICTIONS MAY BE ADDED TO A COMMERCIAL DRIVER LICENSE AS REQUIRED UNDER THE FEDERAL MOTOR CARRIER SAFETY REGULATIONS.
The House appointed members to a conference committee to address differences with the Senate on S.459, a bill establishing a PROHIBITION ON TEXTING WHILE DRIVING.
The House and Senate appointed a conference committee to address the differences of the legislative bodies on H.3945, legislation ENHANCING ETHICS ACT REQUIREMENTS.
The House concurred in Senate amendments to H.4408 and enrolled the bill for ratification. The legislation revises the membership of the STATE CHILD FATALITY ADVISORY COMMITTEE which reviews investigations of suspicious child fatalities and performs reporting and public education functions relating to the preventable death of children. The legislation expands the membership of the advisory committee by adding one senator appointed by the President Pro Tempore of the Senate, one representative appointed by the Speaker of the House of Representatives, and the Chief Executive Officer of the Children's Trust of South Carolina.
The House approved S.1033, a bill providing that OUT-OF-STATE BUSINESSES RESPONDING TO A DECLARED STATE DISASTER OR EMERGENCY ARE NOT TO BE TAXED OR REGULATED AS IN-STATE BUSINESSES, and enrolled the legislation for ratification. The legislation provides that an out-of-state business that conducts operations within this state for the purposes of performing work or services related to a declared state disaster or emergency during a disaster period must not be considered to have established a level of presence that would require that business to register, file, and remit state or local taxes, such as unemployment insurance, occupational licensing fees, or property taxes, or that would require that business or its out-of-state employees to be subject to any state licensing or registration requirements.
The House returned S.985 to the Senate with amendments. The Senate subsequently concurred in those amendments and enrolled the bill for ratification. The legislation provides for the "FAIRNESS IN LODGING ACT" as a means of targeting property owners who are renting residential accommodations to tourists through vacation rental by owner (VRBO) arrangements and are deriving an illicit competitive advantage by failing to comply with local business license requirements and by failing to remit required accommodations taxes. The legislation affords municipalities and counties the option of implementing, by ordinance, additional enforcement provisions in the form of notifications to property owners of business license and accommodations tax provisions that apply to rentals as well as penalties imposed for failure to comply. The legislation includes provisions for data sharing and greater coordination between local governments and the South Carolina Department of Revenue in order to enhance enforcement. Additionally, the state Department of Revenue is required to identify websites containing ‘rent by owner’ vacation rental opportunities and request them to post a statement on the website that the owner of South Carolina rental properties is required to be licensed and to collect applicable local and state fees and taxes.
The House approved S.294, a bill addressing the USE OF LOCAL ACCOMMODATIONS TAX REVENUE FOR BEACH RENOURISHMENT, and enrolled the bill for ratification. The legislation revises conditions for the expenditure of local accommodations tax revenues, so as to clarify that in certain situations, funds may be used for beach renourishment. The legislation establishes a procedure that allows a municipality or county, upon a two-thirds vote of the membership of the local governing body, to hold these funds for more than two years so long as the funds are exclusively committed to the control and repair of waterfront erosion, including beach renourishment.
The House approved S.560, legislation targeting the THEFT OF RAILROAD TRACKS, and enrolled the bill for ratification. The legislation revises criminal violations relating to wilfully and maliciously injuring railroad or electric railway property by establishing a tier of penalties under which some violations are classified as misdemeanors subject to a fine of not less than one thousand dollars and/or imprisonment for up to five years, but a violation that results in the endangerment of another person's life or great bodily injury is a felony punishable by imprisonment for up to twenty years, and a violation that results in someone's death is a felony punishable by imprisonment for up to thirty years. Additionally, a violator shall forfeit to a railroad company for each offense treble the damages proved to have been sustained to be recovered in a tort action. The legislation creates criminal penalties targeting the unlawful purchase, sale, or transportation of railroad track materials for the purpose of recycling. A tier of penalties is established for violations under which first and second offenses are classified as misdemeanors while third or subsequent offenses are felonies.
The House concurred in Senate amendments to S.75, a bill relating to REAL ESTATE COMMISSION OVERSIGHT, and enrolled the legislation for ratification. The legislation requires investigation of complaints conducted by the South Carolina Real Estate Commission to be performed by investigators who have completed one hundred hours of training in approved programs that provide instruction on real estate principles, state statutory and regulatory law, and investigative techniques. The legislation establishes a timeline for prompt investigation of complaints and requires an annual posting of data on the number of complaints received, the number of investigations initiated, and the duration of investigations. State and federal criminal background checks are required for licensure as a real estate salesman, broker, broker-in-charge, property manager, and property manager-in-charge. The legislation revises grounds for the Real Estate Commission to disallow licensure for certain criminal violations so that they apply to someone who is required to register under the sex offender registry or someone who has been convicted of a violent crime, or someone who has been convicted of, or pled no contest to, a felony within the prior five years directly related to the profession, or a felony within the prior seven years, an essential element of which is dishonesty, reasonably related to any aspect of the profession.
The House approved S.495, legislation which relates to CRIMINAL RECORD SEARCHES FOR CHARITABLE ORGANIZATIONS, and enrolled the bill for ratification. The legislation clarifies the definition of charitable organizations which pay a reduced fee includes local park and recreation volunteers through a commission, municipality, county, or the South Carolina Department of Parks, Recreation and Tourism. The legislation further provides that an organization that is authorized to receive the reduced fee shall not charge the volunteer, mentor, member, or employee more than $8 or any additional fee that is not required by the State Law Enforcement Division. The legislation requires all criminal record searches conducted for charitable organizations to be for a volunteer, mentor, member, or employee performing in an official capacity of the organization and prohibits them from being resold.
The House approved S.894 and enrolled the bill for ratification. The legislation establishes a FIVE DOLLAR COURT SURCHARGE TO FUND TRAINING AT THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY levied on all fines, forfeitures, escheatments, or other monetary penalties imposed in the general sessions court or in magistrates or municipal court for misdemeanor traffic offenses or for nontraffic violations. No portion of this surcharge may be waived, reduced, or suspended. The additional surcharge does not apply to parking citations.
The House concurred in Senate amendments to S.657 and enrolled the bill for ratification. This legislation updates and revises MAGISTRATE JURY POOL AREAS in every county.
The House approved S.1219 and enrolled the bill for ratification. The legislation provides AUTHORIZATION FOR SCHOOL DISTRICTS TO UNIFORMLY NEGOTIATE SALARIES BELOW THEIR SALARY SCHEDULES FOR RETIRED TEACHERS returning to employment who are not participants in the Teacher and Employee Retention Incentive (TERI) Program. This authorization extends through the 2019-2020 school year.
The House approved S.812, a bill making SOUTH CAROLINA RURAL INFRASTRUCTURE AUTHORITY REVISIONS, and enrolled the legislation for ratification. The legislation revises provisions governing the South Carolina Rural Infrastructure Authority, so as to update the list of counties in which a board member may reside or represent. The legislation removes the authority from the Administrative Procedures Act provisions that govern the promulgation of regulations, and no longer requires the authority to obtain review and approval of the Joint Bond Review Committee before providing financial assistance, but requires the authority to submit an annual report to the Joint Bond Review Committee regarding loans and other financial assistance.
The House returned S.964, a bill addressing EXEMPTIONS TO POLITICAL SUBDIVISIONS' ANNUAL PROPERTY TAX MILLAGE INCREASE LIMITATIONS FOR A FIRE DEPARTMENT AND FOR COUNTY MENTAL HEALTH SERVICES, to the Senate with amendments. The Senate subsequently concurred in those amendments and enrolled the bill for ratification. The legislation revises provisions that establish limits on annual property tax millage increases imposed by political subdivisions so as to provide a exemptions from these limitations that allow a millage rate to be increased by referendum for general operating purposes of a certain fire district and for a county, through a referendum, to suspend the millage rate limitation for the purpose of imposing up to six-tenths of a mill for a mental health services fund.
The House approved S.1085, a bill establishing conditions for authorizing an extension of a TRANSPORTATION INFRASTRUCTURE LOCAL SALES AND USE TAX, and enrolled the legislation for ratification.
The House approved S.293 and enrolled the bill for ratification. The legislation revises provisions for the levy and collection of taxes in the MURRELL’S INLET-GARDEN CITY FIRE DISTRICT, so as to authorize the levy and collection of an additional four mills.
The House approved S.828, a bill addressing CONVENTION AND TRADE SHOW CENTER BOND REIMBURSEMENT REQUIREMENTS, and enrolled the legislation for ratification. The legislation provides an exemption from certain bond reimbursement requirements that apply when a convention and trade show center is sold and is to be replaced with a new convention and trade show center.
The House concurred in Senate amendments to H.3626, a bill providing AUTHORIZATION FOR A MAJOR MOTORSPORTS ENTERTAINMENT COMPLEX AND A MAJOR TENNIS FACILITY TO OBTAIN BIENNIAL ALCOHOL SALES LICENSES, and enrolled the legislation for ratification. The legislation revises provisions for the issuance of licenses and permits for the purchase, sale, and consumption of beer and wine and for alcoholic liquors by the drink so as to provide authorization for these licenses and permits to be issued on an biennial basis, rather than an event-driven basis, for a major motorsports entertainment complex and a major tennis specific complex that have prominent roles in promoting tourism for the state.
The House approved S.1000 and enrolled the legislation for ratification. This joint resolution provides that, in 2015 and 2016, the annual fee for the AUTOMOBILE MANUFACTURER STANDARD LICENSE PLATE for vehicles in the manufacturer’s employee benefit program and for the testing, distribution, evaluation, and promotion of its vehicles is seven hundred fifty-four dollars. Twenty dollars of the fee is to be credited to the General Fund of the State and the amount required to be remitted to a local government is seven hundred thirty-four dollars. In the case of employees participating in the benefit program who reside outside of this State, the entire fee must be credited to the General Fund of the State.
The House returned on S.825 to the Senate with amendments. The legislation provides for a MILITARY HOUSING FACILITIES TAX EXEMPTION by exempting from ad valorem taxation any real property located within a military base or installation that is used or owned by the United States Armed Forces and is used as military housing for military affiliated personnel and their families even if the real property is improved, maintained, or leased to a party that would otherwise subject the real property to the tax, so long as there is a contractual agreement requiring the lessee to use the property for military housing. The legislation includes provisions specifically AUTHORIZING HIRING PREFERENCES FOR VETERANS. The legislation provides that it is not an unlawful employment practice for a private employer to give preference in hiring to a veteran. This preference is also extended to the veteran’s spouse if the veteran has a service-connected permanent and total disability. The legislation provides that these hiring preferences are not violations of the South Carolina Human Affairs Law provisions that address discriminatory employment practices. The legislation allows the Adjutant General to authorize National Guard personnel to support and assist the National Guard Association of South Carolina and the South Carolina National Guard Foundation in their missions to promote the health, safety, education, and welfare of South Carolina National Guard personnel and their families. The legislation includes authorization for members of the USS Laffey Association who are temporarily present at Patriots Point to perform voluntary maintenance to remain onboard the vessel overnight. The legislation enacts the "MILITARY FAMILY QUALITY OF LIFE ENHANCEMENT ACT OF 2014" to establish several initiatives that are geared towards benefitting military service members and their families, encompassing: more expansive provisions for military members and their families to vote by absentee ballot in all elections; a comprehensive annual report on the K-12 educational performance of military-connected children; the elimination of the twelve-month domicile requirement that is currently required for veterans and their dependents to be eligible to receive in-state tuition rates at the state's colleges and universities; Medicaid waiver status protections for reassigned military families; the creation of a Military-Connected Children's Welfare Task Force; and authorization for circuit solicitors to establish a veterans treatment court program to address the criminal justice system's encounters with veterans who have returned from their military service having sustained traumatic brain injuries or suffering from service-related mental health impairments, such as post-traumatic stress disorder, depression, anxiety or acute stress.
The House returned S.999 to the Senate with amendments. The legislation allows for a ninety day EXTENSION ON THE EXPIRATION OF DRIVER'S LICENSE FOR A MEMBER OF THE U.S. ARMED FORCES WHO IS DEPLOYED OR REASSIGNED OUTSIDE THE STATE.
The House amended and gave second reading approval to S.535. establishing a new HIGHER EDUCATION PERMANENT IMPROVEMENT PROJECT REVIEW PROCESS. The legislation establishes a revised Joint Bond Review Committee approval process for proposed building construction and other permanent improvement projects of the state's public institutions of higher learning that uses an institution's bond rating as criteria for determining what level of scrutiny will be required. Bonded institutions are afforded greater flexibility at the preliminary Phase I stage of the approval process to expedite a building project. The legislation also makes provisions for DESIGNATING THE UNIVERSITY OF CHARLESTON, SOUTH CAROLINA, AS A RESEARCH INSTITUTION. The legislation designates the University of Charleston, South Carolina, as a research institution eligible to participate in South Carolina Research Centers of Economic Excellence provisions for endowed chair professorships in research areas targeted to create well-paying jobs and enhanced economic opportunities for the people of South Carolina. The University of Charleston, South Carolina, shall submit a mission statement corresponding with its designation as a research institution before January 1, 2015, and this mission statement must be approved by the Commission on Higher Education before April 1, 2015. The University of Charleston, South Carolina, shall not duplicate any degree programs offered in the Charleston region. The legislation does not alter the designation of the College of Charleston as a four year liberal arts college. The University of Charleston, South Carolina, and the College of Charleston must each be established as separate budget sections in the annual appropriations bill. The legislation also revises Research Centers of Economic Excellence provisions to direct endowed professorships and senior research universities to seek collaboration and develop partnerships with similarly focused programs at the state’s technical colleges to meet the workforce demands of South Carolina’s growing economy.
The House adopted the conference committee report on S.876, relating to RESTRICTIONS ON HUNTING DEER NEAR A RESIDENCE. The legislation modifies the current prohibition on hunting deer within three hundred yards of a residence without the permission of the homeowner and occupant, by providing that this restriction does not apply when the hunter is elevated at least ten feet above the ground. The legislation provides that this prohibition applies to hunting deer with a firearm.
The House returned H.4560, a bill pertaining to MATERIAL SUBJECT TO AN ORDER FOR DESTRUCTION OF ARREST RECORDS OR EXPUNGEMENT, to the Senate with amendments.
The House returned S.988, a bill relating to the CLARIFICATION OF COUNTY BOUNDARIES, to the Senate with amendments. The legislation provides authorization for the South Carolina Geodetic Survey (SCGS) to assist counties in clarifying ill-defined boundaries.
The House returned S.437 to the Senate with amendments. The legislation revises state provisions to bring them into alignment with federal tax provisions on the issue of SHORT-TERM RENTALS OF PERSONAL RESIDENCES. The legislation authorizes the application of the four percent assessment ratio allowed for owner-occupied residential property if the residence is not rented for more than seventy-two days in a calendar year. The legislation provides that the two percent state sales tax imposed on accommodations does not apply to gross proceeds from rentals received by persons renting their personal residence for fewer than fifteen days total in a year if the gross proceeds of the rental income are excluded from federal taxable income.
The House returned S.1008 to the Senate with amendments. The legislation provides for the INCLUSION OF ADMINISTRATIVE LAW JUDGES IN THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS by allowing administrative law judges serving on July 1, 2014, to elect to become a member of the system and transfer prior service credit into the system. The legislation also revises limitations placed on someone who retires as a member of the Retirement System for Judges and Solicitors and subsequently returns to an employment position that is covered by another of the state's retirement systems.
The House returned S.1070, legislation relating to the HUNTING AND TAKING OF WILD TURKEY, to the Senate with amendments. This bill restructures the provisions for the hunting and taking of male wild turkeys so that are, temporarily, the same across the state, providing for an expanded season for most of the state. The bill reduces the season bag limit from five to three for male wild turkeys which may be taken with archery equipment or any lawful firearm and ammunition. After the third turkey season conducted under the legislation's statewide unified provisions, the Department of Natural Resources must conduct an analysis of the wild turkey resources in South Carolina and draft a report recommending any changes to the wild turkey season and bag limits. This report must be submitted to the chairman of the Senate Fish, Game and Forestry Committee, and the chairman of the House Agriculture and Natural Resources Committee. The legislation's revisions are to remain in effect until November 6, 2017, and at such time will revert back to the original law. The legislation enhances penalties for violations and provides for required tags to be validated before a turkey is moved from the point of kill. The legislation establishes the Saturday preceding March 20 of each year as "South Carolina Youth Turkey Hunting Day" and provides for certain waivers during this special hunting day that apply to a youth hunter under the age of eighteen who is accompanied in the field by a licensed hunter who is at least twenty-one years old.
The House returned S.474, a bill providing an EXEMPTION FROM THE ADMISSIONS LICENSE TAX FOR ADMISSION TO THE STATE MUSEUM, to the Senate with amendments.
The House amended, approved, and sent the Senate H.4520, "UNCLE PRESTON’S LAW", which revises property tax provisions as a means of accommodating seniors and disabled individuals to remain in home settings rather than moving to nursing homes or other assisted living facilities. The legislation allows a taxpayer to claim the favorable four percent assessment ratio afforded owner-occupied residential property on a residential property other than his legal residence so long as this additional property is used to provide a home, rent free, for a family member who is over the age of sixty-five or is permanently and totally disabled. These favorable tax provisions may be applied when the family member is a parent, sibling, child, aunt, uncle, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, or grandchild.
The House approved and sent the Senate H.3075, a bill establishing a REQUIREMENT FOR A BOND HEARING WITHIN TWENTY-FOUR HOURS OF A STATE GRAND JURY INDICTMENT. This legislation provides that a person indicted by a state grand jury for a bailable offense must have a bond hearing within 24 hours of his arrest and must be released within a reasonable time, not to exceed four hours, after the bond is delivered to the incarcerating facility.
BILLS INTRODUCED IN THE
HOUSE THIS WEEK
S.718 USE OF DIGITAL VIDEO RECORDINGS TO ENFORCE TRAFFIC VIOLATIONS INVOLVING THE UNLAWFUL PASSING OF STOPPED SCHOOL BUSES Sen. Alexander
The legislation establishes new provisions for the use of digital video recordings to enforce traffic violations involving the unlawful passing of stopped school buses. The legislation provides that a school bus may be equipped with a digital video recording device that is mounted so that it has a clear view of vehicles passing the bus on either side and shows the date and time the recording was made as well as an electronic symbol indicating the activation of amber lights, flashing red lights, stop arms, and brakes. Provisions are included to allow traffic citations to be issued based entirely or partially upon images obtained from a digital video recording device mounted on a school bus and for recordings to be used as evidence at hearings related to corroborate the testimony of the school bus driver or any other witnesses.
S.1163 DISCLOSURE OF ABUSE OR NEGLECT CASE INFORMATION Sen. Young
Relating to use of unfounded abuse or neglect case information, this legislation allows the director of the Department of Social Services, or his designee, to disclose information about cases made public by the alleged perpetrator, the alleged perpetrator's attorney, or the party in interest to the case in order to confirm, clarify, or correct information. The legislation allows for response in public testimony to an inquiry of a legislative committee about a report that has been placed in the public domain, and as for information not placed in the public domain, the legislation provides for response to an inquiry of a legislative committee in closed session and for the information to be kept confidential. The legislation requires the department to state that the disclosed information relates to a case that is unfounded. In cases of child abuse or neglect resulting in a child fatality or near fatality of the child, the legislation requires the department, upon request to make public a report containing: the age and gender of the child; information describing all previous reports of child abuse or neglect investigations by the department or any third party contracted with by the department relating to the child; all services provided by the department or any third party contracted with the department relating to the child regarding child abuse and neglect; and all actions taken by the department or any third party contracted with by the department relating to the child regarding child abuse and neglect. Under current law a coroner or medical examiner must notify the Department of Child Fatalities within a specified timeframe when a child dies in the county he serves as a result of violence, when unattended by a physician; this legislation removes references to when attended by a physician.
S.1243 RESIDENTIAL HOUSING FOR PAROLED PRISON INMATES Sen. S. Martin
This legislation places new requirements on public, private, or nonprofit entities whose primary purpose is to rehabilitate and reintroduce into the community paroled inmates and which as a part of the program provides or furnishes residential housing in the community to these parolees. The legislation requires notice to be placed in a newspaper of general circulation in the community at least thirty days before locating any parolees in any type of residential facility; a separate notice is required each time such a facility is to be opened. The legislation further requires a public hearing to be conducted by the entity at least sixty days before the first residential facility opens in the community where all residents of the community must be given an opportunity to comment on the program and on the location of any or all of the proposed facilities. Entities exempt from these provisions include: the Department of Probation, Parole and Pardon Services and family members or other persons providing housing to a parolee but not operating an on-going program targeting the reintegration of parolees. These provisions only apply to a county, incorporated municipality or town where there are no zoning requirements.
H.5295 DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES Rep. J. E. Smith
This is a House Resolution relating to the Director of the South Carolina Department of Social Services. The resolution calls for the resignation of Lillian B. Koller, Director of the South Carolina Department of Social Services and in the alternative strongly urges Governor Nikki Haley to remove Director Koller from office.
LABOR, COMMERCE AND INDUSTRY
S.422 HEALTH INSURANCE COVERAGE REQUIREMENTS FOR MAMMOGRAMS MUST INCLUDE NOTIFICATIONS ON BREAST TISSUE DENSITY Sen. Lourie
This bill revises health insurance coverage requirements for mammograms to include a requirement for providing notification when test results show that the breast tissue is dense which can make it more difficult to evaluate mammogram results and which may also be associated with an increased risk of breast cancer.
MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS
H.5334 "TAKE PALMETTO PRIDE WHERE YOU LIVE ACT" Rep. Cobb-Hunter
This legislation enacts the "Take Palmetto Pride Where You Live Act". The legislation creates the Take Palmetto Pride Where You Live Act Commission under the auspices of, and staffed by, the Department of Transportation and provides for its members, powers, and duties. The legislation requires the commission to develop a strategic state plan for litter removal, reduction and prevention, and litter law enforcement through the coordination and cooperation of state agencies, local government, private profit and nonprofit organizations, business, and industry. The legislation provides for the components of the plan. Relating to public service work as a condition of probation or suspension of a sentence, this legislation defines "public service work" as participating in a litter removal program or another litter program under the commission unless the court finds that participation in such a program is not appropriate for the offender. The legislation repeals Chapter 67, Title 44 relating to the "Litter Control Act of 1978" under the Department of Health And Environmental Control.
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