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This issue of the Legislative Update is a comprehensive review
of all legislation prefiled in the General Assembly for the 2008
session. It is a report intended to provide a brief synopsis
of pending legislation and is generally categorized for ease
of review. Please refer to the actual text of the legislation
for detailed provisions.
When requesting legislation, please refer to the Act number.
Please direct requests for legislation to Katie Staden, South
Carolina Bar, P.O. Box 608, Columbia SC 29202. (803) 799-6653.
Fax: (803) 799-4118. Bar members can also request legislation
by e-mailing kstaden@scbar.org.
There will be a charge for any requests exceeding 30 pages ($.10
per page).
Any other questions relating to legislation can be directed
to Kali Campbell Turner, South Carolina Bar, P.O. Box 608, Columbia,
SC 29202. (803) 799-6653. Fax: (803) 799-4118 kturner@scbar.org.
Online legislation and regulations are available
at www.scstatehouse.net.
The South Carolina Code of Laws is available at this site as
well.
Building and Fire Codes. S.
889 (Word version)
-- Senators McConnell and Grooms: A bill to amend Chapter 9,
Title 6, Code of Laws of South Carolina 1976, relating to building
and fire codes, so as to add § 6-9-67 to provide that
natural cut trees shall not be prohibited from being allowed
in places of worship.
12/12/07—Senate
Prefiled
12/12/07—Referred
to the Committee on Labor, Commerce and Industry
Fire Sprinkler System. S.
921 (Word version)
-- Senator Thomas: A bill to amend the Code of Laws of South
Carolina, 1976, by adding § 40-10-310 so as to provide
that all commercial and industrial buildings must have an installed
and functioning fire sprinkler system; by adding §12-6-3622
so as to allow a state income tax credit equal to the costs
incurred by a taxpayer in installing a fire sprinkler system;
by adding § 38-73-750 so as to require all new and renewal
policies of commercial fire insurance to provide notice of
the availability for a premium credit for the installation
of a fire sprinkler system and provide the form of the notice;
and to repeal § 45-5-80 relating to the exemption of hotels
from fire sprinkler requirements.
12/12/07—Senate
Prefiled
12/12/07—Referred
to the Committee on Labor, Commerce and Industry
Noise Restrictions. S.
929 (Word version)
-- Senator Scott: A bill to amend Chapter 7, Title 16 of the
1976 Code, by adding § 16-7-180, to provide that it is
unlawful to play or operate any radio or other apparatus making
or reproducing music in a manner that is clamorous, noisy,
or audible outside of a motor vehicle, in the public streets,
or in any residence, and to provide penalties.
12/12/07—Senate
Prefiled
12/12/07—Referred
to the Committee on Judiciary
Regulation of Manufacturers of Alcoholic Liquors. H.
4348 (Word version)
-- Rep. Hagood: A bill to amend § 61-6-1100, Code of Laws
of South Carolina, 1976, relating to the regulation of manufacturers
of alcoholic liquors, so as to eliminate the current restrictions
prohibiting ownership or operation of more than one establishment,
to allow limited on-premises and off-premises tastings, and
to provide regulations on the sale, purchase, and transport
of alcoholic liquors by manufacturers.
12/12/07—House
Prefiled
12/12/07—Referred
to Committee on Judiciary
Vendor Registration. H.
4354 (Word version)
-- Rep. G. M. Smith: A bill to amend the Code of Laws of South
Carolina, 1976, by adding § 11-35-420 so as to require
the State Budget and Control Board to establish and maintain
on its website a register of all vendors who have been awarded
no-bid procurement contracts by the board and the basic terms
of each contract awarded.
12/12/07—House
Prefiled
12/12/07—Referred
to Committee on Ways and Means
Δ Back to top
Appropriations Bill Earmark Disclosure Act. H.
4356 (Word version)
-- Reps. Ballentine, Harrell, Mulvaney, E. H. Pitts, Haley,
Bedingfield, Lowe, Duncan, Crawford, Shoopman and Talley: A
bill to amend the Code of Laws of South Carolina, 1976, by
adding § 2-7-67 enacting the "Appropriations Bill
Earmark Disclosure Act" so as to provide for the disclosure
of information surrounding earmarks requested by members of
the General Assembly for inclusion in an appropriations bill,
to provide definitions applicable for this disclosure, and
to provide for the enforcement of these disclosure requirements.
12/12/07—House
Prefiled
12/12/07—Referred
to Committee on Ways and Means
Appropriations Bill Earmark Disclosure Act. S.
896 (Word version)
-- Senator Massey: A bill to amend the Code of Laws of South
Carolina, 1976, by adding § 2-7-67 enacting the "Appropriations
Bill Earmark Disclosure Act", to provide for the disclosure
of information surrounding earmarks requested by members of
the General Assembly for inclusion in an appropriations bill,
to provide definitions applicable for this disclosure, and
to provide for the enforcement of these disclosure requirements.
12/12/07—Senate
Prefiled
12/12/07—Referred
to Committee on Judiciary
Competitive Grant Programs. H.
4361 (Word version)
-- Rep. Thompson: A bill to amend Chapter 7 of Title 2, Code
of Laws of South Carolina, 1976, relating to legislative enactments
by adding § 2-7-74 so as to provide that beginning with
the Annual General Appropriations Act for fiscal year 2008-2009,
no Competitive Grant programs may be established in the State
Budget and Control Board or in any other agency by temporary
proviso applicable for the particular fiscal year, and to provide
that the Competitive Grants Program of the State Budget and
Control Board and other agencies contained in Act 117 of 2007
(the 2007-2008 General Appropriations Act) is abolished on
the effective date of this Act.
12/12/07—House
Prefiled
12/12/07—Referred
to Committee on Ways and Means
Disclosure. H.
4394 (Word version)
-- Rep. Thompson: A bill to amend the Code of Laws of South
Carolina, 1976, by adding § 2-7-77 so as to provide for
the disclosure of information regarding earmarks requested
by members of the General Assembly for inclusion in an appropriations
bill, to provide definitions applicable for this disclosure,
and to provide for the enforcement of these disclosure requirements.
12/12/07—House
Prefiled
12/12/07—Referred
to Committee on Ways and Means
Earmark Project Disclosure. H.
4346 (Word version)
-- Reps. Harrell and Ballentine: A bill to amend the Code of
Laws of South Carolina, 1976, by adding § 2-7-81 so as
to provide for the disclosure of information regarding earmark
projects or programs requested by members of the General Assembly
for inclusion in an appropriations bill, to provide definitions
applicable for the disclosure, and to provide for the enforcement
of these disclosure provisions.
12/12/07—House
Prefiled
12/12/07—Referred
to Committee on Ways and Means
Information Technology Products. H.
4382 (Word version)
-- Rep. Funderburk: A bill to amend the Code of Laws of South
Carolina, 1976, by adding § 11-35-2760 so as to provide
that specifications for the procurement of certain information
technology products pursuant to the South Carolina Consolidated
Procurement Code contain certain requirements based on the
Electronic Product Environmental Assessment Tool (EPEAT) for
identifying environmentally preferable information technology
products; and to amend § 11-35-820, as amended, relating
to the creation of the Information Technology Management Office,
so as to reference the specifications requirement for identifying
environmentally preferable information technology products.
12/12/07—House
Prefiled
12/12/07—Referred
to Committee on Ways and Means
Revenue Forecasts. S.
893 (Word version)
-- Senator Grooms: A bill to amend § 11-9-880 of the 1976
Code, relating to forecasts of economic conditions made by
the Board of Economic Advisors, adjustments to those forecasts,
revenue reviews, the production of a synopsis of revenue shortfalls,
and the publication of reports, to provide that the final revenue
forecast produced by the Board of Economic Advisors is limited
to a three percent increase over the previous year's final
forecast, to provide that half of any revenue collected in
excess of the final forecast must be credited to the State
Budget Surplus Tax Relief Fund and half of the revenue collected
in excess of the final forecast must be credited to the Department
of Transportation State Non-Federal Aid Highway Fund, to amend
Article 3, Chapter 11, of Title 11, relating to the General
Reserve Fund and the Capital Reserve Fund, by adding § 11-11-360,
to establish the State Budget Surplus Tax Relief Fund, to provide
that revenue in the Fund must be used to fund a tax credit,
and to amend Chapter 6 of Title 12, the South Carolina Income
Tax Act, by adding § 12-6-3490 to provide that taxpayers
who filed income tax returns during the previous year may claim
a tax credit.
12/12/07—Senate
Prefiled
12/12/07—Referred
to Committee on Finance
Shared Use of Public Facilities Study Committee. H.
4365 (Word version)
-- Rep. Gullick: A joint resolution to establish a Study Committee
to determine the fiscal impact and overall feasibility of shared
use of public facilities in the State; to provide for the membership
and duties of the Study Committee, and to provide that the
Study Committee shall report its findings to the General Assembly
by January 1, 2009.
12/12/07—House
Prefiled
12/12/07—Referred
to Committee on Ways and Means
State General Fund Appropriations. S.
899 (Word version)
-- Senators Ryberg and Bryant: A bill to amend the Code of
Laws of South Carolina, 1976, by adding § 11-11-400 so
as to limit to annual increases in State General Fund appropriations
to the total of percentage increases in state personal income
and state population in the most recent fiscal year for which
such information is available, to provide for this limit to
be exceeded by means of a special vote of each branch of the
General Assembly, and to define special vote.
12/12/07—Senate
Prefiled
12/12/07—Referred
to Committee on Finance
State Highway Repaving Trust Fund. H.
4310 (Word version)
-- Rep. Toole: A bill to amend § 12-6-5060, as amended,
Code of Laws of South Carolina, 1976, relating to the voluntary
contribution of funds to various entities by a person on his
state individual income tax return, so as to establish the
State Highway Repaving Trust Fund as an entity to which a person
may make voluntary contributions; and by adding § 57-11-30
so as to create the State Highway Repaving Trust Fund which
consists of taxpayers' voluntary contributions which must be
appropriated to the State's counties for the repair and maintenance
of roads.
12/05/07—House
Prefiled
12/05/07—Referred
to Committee on Ways and Means
Transportation Maintenance Fund. S.
892 (Word version)
-- Senators Grooms and McConnell: A bill to amend Article 3,
Chapter 11 of Title 11 of the 1976 code, relating to the General
Fund and the Capital Reserve Fund, by adding § 11-11-315,
to establish the Transportation Maintenance Fund, to provide
that two percent of the General Fund revenue of the latest
completed fiscal year be deposited into the Transportation
Maintenance Fund, to provide that monies in the Fund must be
used to offset revenue shortfalls, and to provide that any
monies in the Fund at the end of the fiscal year must be deposited
in the Non-Federal Aid Highway Fund.
12/12/07—Senate
Prefiled
12/12/07—Referred
to Committee on Finance
Δ Back to top
Budget. H.
4332 (Word version)
-- Rep. Talley: A joint resolution proposing an amendment to
Section 7, Article X of the Constitution of South Carolina,
1895, relating to the requirement for the state and its political
subdivisions to have budget processes designed to keep revenues
and expenditures in balance, the limitation on state appropriations,
and the limitations on state employees, so as to delete the
existing state spending limitation and require the General
Assembly to replace it by a law providing a limit on state
spending for a fiscal year that equals the total of state appropriations
in the prior year increased by the total percentage of increases
in state personal income and state population in the most recent
year for which this information is available and provide that
the General Assembly in enacting this limit shall define the
appropriations to which the limit applies, and the method of
and sources for calculating the limit.
12/05/07—House
Prefiled
12/05/07—Referred
to Committee on Ways and Means
College or University Governing Body. H.
4379 (Word version)
-- Rep. Govan: A joint resolution proposing an amendment to
Section 1, Article XVII of the Constitution of South Carolina,
1895, relating to the qualifications for officers, so as to
exempt an appointed or elected person serving on the governing
body of a college or university and delete archaic references.
12/12/07—House
Prefiled
12/12/07—Referred
to Committee on Judiciary
Fees. H.
4376 (Word version)
-- Rep. Toole: A joint resolution proposing an amendment to
Article III of the Constitution of South Carolina, 1895, relating
to the Legislative Department, by adding Section 15b so as
to provide that a bill or joint resolution of the General Assembly
imposing or increasing a fee may not become law unless it receives
the approval of three-fifths of the membership elected to the
House of Representatives and three-fifths of the membership
elected to the Senate.
12/12/07—House
Prefiled
12/12/07—Referred
to Committee on Ways and Means
Imposing or Increasing a Tax. H.
4367 (Word version)
-- Rep. Toole: A joint resolution proposing an amendment to
Article III of the Constitution of South Carolina, 1895, relating
to the Legislative Department, by adding Section 15a so as
to provide that a bill or joint resolution of the General Assembly
imposing or increasing a tax, the revenue of which is credited
to the General Fund of the State, may not become law unless
it receives the approval of two-thirds of the membership of
the House of Representatives and two-thirds of the membership
of the Senate.
12/12/07—House
Prefiled
12/12/07—Referred
to Committee on Ways and Means
Practice of Law. H.
4370 (Word version)
-- Reps. Crawford, E. H. Pitts and Mulvaney: A joint resolution
proposing an amendment to Section 4, Article V of the Constitution
of South Carolina, 1895, relating to the powers of the Supreme
Court, so as to provide that the jurisdiction over the admission
to the practice of law and the discipline of persons admitted
must not be under the Supreme Court but rather must be as provided
by the General Assembly by law, consistent with the manner
by which the General Assembly regulates other professions that
require a doctorate degree.
12/12/07—House
Prefiled
12/12/07—Referred
to Committee on Judiciary
Δ Back to top
Cable Antidiscrimination and Dispute Resolution Act
of 2008. H.
4374 (Word version)
-- Reps. W. D. Smith, Talley, Mitchell, Davenport, Littlejohn,
Anthony, Mahaffey and Hayes: A bill to amend the Code of Laws
of South Carolina, 1976, by adding Article 5 to Chapter 12,
Title 58 so as to enact the "Cable Antidiscrimination
and Dispute Resolution Act of 2008", to provide definitions,
prohibit discrimination by a cable operator when providing
programming which competes in the same programming category
of another operator, to provide a procedure for resolving disputes.
12/12/07—House
Prefiled
12/12/07—Referred
to Committee on Labor, Commerce and Industry
South Carolina Home Lemon Law. H.
4336 (Word version)
-- Reps. Jefferson, Breeland and Harvin: A bill to amend the
Code of Laws of South Carolina, 1976, to enact the "South
Carolina Home Lemon Law" so as to add Chapter 18 to Title
37 to establish remedies for home warranty defects, including
repair, home replacement, or refund of home purchase price,
to establish procedures for pursuing such remedies, to require
the Department of Consumer Affairs to conduct contested case
hearings on any defect issues not resolved by the parties,
to provide affirmative defenses, to require a homeowner to
exhaust these remedies before bringing a civil action, to require
warranties and disclosure of replacement or refund of the home,
to require the Department to establish a toll-free number to
provide information concerning remedies under this Chapter,
and to require the Department to publish an annual report identifying
homes required to be replaced or refunded, and to authorize
administrative penalties for violations of the Chapter; and
to repeal Article 5, Chapter 59, Title 40 relating to the South
Carolina Notice and Opportunity to Cure Construction Dwelling
Defects Act.
12/05/07—House
Prefiled
12/05/07—Referred
to Committee on Labor, Commerce and Industry
Uniform Commercial Code. S.
936 (Word version)
-- Senators McConnell, Hayes, Martin and Thomas: A bill to
amend Chapter 3 of Title 36, Code of Laws of South Carolina,
1976, relating to the Uniform Commercial Code--negotiable instruments,
and Chapter 4 of Title 36, relating to the Uniform Commercial
Code--bank deposits and collections, so as to, inter alia,
accommodate the law to technological advances in the processes
of collection and payment of checks by providing for electronic
presentment of instruments, retention warranties, and encoding
warranties, and by defining a bank's duty of ordinary care
in collection and payment of checks to follow the commercially
reasonable and accepted practice that processing checks by
automated means does not normally result in a breach of the
bank's duty to exercise ordinary care by failing to examine
a check; to reform the rules allocating losses resulting from
check fraud by applying the doctrine of comparative fault in
determining a bank's liability for losses resulting from the
bank's improper payment of a check bearing an unauthorized
signature or alteration, and the rules applicable in imposter
and fictitious payee cases, employers' responsibility for fraudulent
endorsements by employees, and issues that arise in conversion
claims; protect consumers by preserving the rights of a consumer
issuing a note to assert against a transferee of the instrument
claims and defenses that the consumer has against the original
payee, regulate remotely created consumer items and provide
that a person who transfers or presents the item warrants that
the consumer on whose account the item is drawn authorized
the issuance and amount of the item, and protect the maker
of a note that has been assigned who pays the assignor, unless
the maker has received adequate notification of the assignment;
provide that variable interest rate notes qualify as instruments
that can be negotiated to holders in due course; and address
cashier's checks, teller's checks, and certified checks including
delineation of the rights of the owner of a check that has
been lost, destroyed, or stolen and the liability of a bank
that wrongfully refuses to pay the check.
12/12/07—Senate
Prefiled
12/12/07-Referred
to Committee on Judiciary
Δ Back to top
Evidence of Fraudulent Intent. S.
863 (Word version)
-- Senator Thomas: A bill to amend § 34-11-70, as amended,
Code of Laws of South Carolina, 1976, relating to evidence
of fraudulent intent in drawing a dishonored check, so as to
provide that a charge that is dismissed for want of prosecution
or by reason of payment of restitution and costs is not a charge
that evidences an act of moral turpitude for purposes of an
official background certification; and to repeal § 34-11-100
relating to the effect of payment after institution of prosecution.
12/05/07—Senate
Prefiled
12/05/07—Referred
to Committee on Banking and Insurance
Fraudulent Check. H.
4380 (Word version)
-- Rep. G. M. Smith: A bill to amend § 34-11-60, as amended,
Code of Laws of South Carolina, 1976, relating to drawing and
uttering a fraudulent check, draft, or other written order,
so as to extend the time for presentment from ten days to twenty-five
days, to provide that the drawee of the check, draft, or other
written order has the burden of proving the date it was presented,
and to provide that the postmark on an envelope delivering
the check, draft, or other written order by mail is prima facie
evidence of the date of its presentment.
12/12/07—House
Prefiled
12/12/07—Referred
to Committee on Judiciary
South Carolina Consumer Credit Report Security Freeze
Act. H.
4313 (Word version)
-- Rep. Kirsh: A bill to amend the Code of Laws of South Carolina,
1976, by adding Part 5 to Chapter 5, Title 37 so as to enact
the South Carolina Consumer Credit Report Security Freeze Act,
providing for a freeze on the release of a consumer file by
a consumer credit reporting agency upon the request of a consumer
who has reason to believe he is the victim of financial identity
fraud, procedures for implementing and removing the freeze,
applicability of and exemptions from the freeze, and penalties
for violation of these provisions.
12/05/07—House
Prefiled
12/05/07—Referred
to Committee on Judiciary
Δ Back to top
Administrative Law Court. H.
4328 (Word version)
-- Reps. Harrison and Delleney: A bill to amend the Code of
Laws of South Carolina, 1976, by adding § 1-23-505 so
as to define certain terms; by adding § 1-23-535 so as
to provide that the Administrative Law Court shall have an
official seal; to amend § 1-23-310, relating to definitions
for purposes of administrative procedures, so as to change
a reference to the Administrative Law Judge Division to the
Administrative Law Court; to amend § 1-23-320, relating
to contested case hearings, so as to delete a provision regarding
the handling of attendance and testimony of witnesses, production
of books, papers, and records, and other procedural matters
and to provide for enforcement or relief from an agency subpoena
before the Court; to amend § 1-23-380, as amended, relating
to judicial review after exhaustion of administrative remedies,
so as to delete references to the Administrative Law Court
and to review by an Administrative Law Judge of a final decision
in a contested case to conform the procedures to other procedural
provisions regarding the Court; to amend § 1-23-560, relating
to the application of the Code of Judicial Conduct to the Administrative
Law Court, so as to provide that the Code of Judicial Conduct
serves as the sole grounds for discipline of Administrative
Law Judges and to allow Administrative Law Judges and spouses
to accept invitations to certain judicial-related functions;
to amend § 1-23-600, as amended, relating to hearings
and proceedings of the Administrative Law Court, so as to conform
the procedures to other procedural provisions regarding the
court and to prohibit the hearing of certain inmate appeals
by the court; to amend § 1-23-610, as amended, relating
to review of decisions of the Administrative Law Court, so
as to conform the procedures to other procedural provisions
regarding the Court and to delete the provision requiring appropriated
monies to be used for the same purpose indefinitely; and to
amend § 1-23-640, relating to the venue where Administrative
Law Court cases are heard, so as to provide that contested
cases will be heard at the principal offices or at another
suitable location under certain circumstances.
12/05/07—House
Prefiled
12/05/07—Referred
to Committee on Judiciary
Commission on the Legal Profession and Judiciary. H.
4371 (Word version)
-- Reps. Crawford, E. H. Pitts and Mulvaney: A bill to amend
the Code of Laws of South Carolina, 1976, by adding § 40-5-5
so as to create the Commission on the Legal Profession and
Judiciary, to provide for the composition and terms of the
Commission, to provide for the filling of a vacancy, and to
provide powers and duties of the Commission, among other things;
to amend § 40-1-40, relating to the domain of the Department
of Labor, Licensing and Regulation, so as to provide that the
Commission on the Legal Profession and Judiciary is among the
Boards of Professions and Occupations administered by the Department;
to amend § 40-5-10, 40-5-20, 40-5-40, 40-5-50, 40-5-70,
40-5-210, as amended, 40-5-220, 40-5-340, 40-5-350, 40-5-360,
40-5-520, all relating to the regulation of the practice of
law, admission to the practice of law, and disciplinary action
against attorneys, so as to provide that the Commission on
the Legal Profession and Judiciary has exclusive authority
to regulate admission to the practice of law and disciplinary
actions against attorneys, to provide further conforming changes,
and to correct archaic language.
12/12/07—House
Prefiled
12/12/07—Referred
to Committee on Judiciary
Division of Motor Vehicle Hearings. H.
4363 (Word version)
-- Reps. Harrison, G. M. Smith and Delleney: A bill to amend § 1-23-660,
as amended, Code of Laws of South Carolina, 1976, relating
to the establishment of the Division of Motor Vehicle hearings
within the Administrative Law Court, so as to make technical
changes, delete the provision that requires the Administrative
Law Court to hire and supervise a law clerk to assist the judges
who hear Department of Motor Vehicle hearing appeals with the
administration of those appeals, to provide that if the Department
of Motor Vehicles elects to not appear at certain hearings,
it waives its right to appeal a final decision of a hearing
officer, to delete the provision that requires the Department
of Motor Vehicles to provide facilities for certain administrative
hearings, to provide that the State Ethics Commission is responsible
for the enforcement and administration of certain appellate
court rules and for the issuance of certain advisory opinions,
to provide that certain persons may attend certain judicial-related
or bar-related functions, and to delete the provision that
allows the Chief Administrative Law Judge to adjudicate cases
under § 1-23-600; to amend § 56-1-10, as amended,
relating to the definition of terms relating to motor vehicles,
so as to make technical changes; to amend § 56-1-170,
relating to the issuance of restricted driver's licenses, so
as to delete the provision that provides that a holder of a
restricted driver's license is entitled to a hearing upon a
suspension or revocation of his license, and to provide that
a holder of the license may request a hearing before the Office
of Motor Vehicle hearings under certain circumstances; to amend § 56-1-820,
relating to a driver's license holder's request for a hearing
after having received a notice of suspension, so as to make
technical changes; to amend § 56-1-1030, as amended, relating
to the revocation of the license of a habitual offender, so
as to make technical changes, and to provide that the Office
of Motor Vehicle hearings has exclusive jurisdiction to conduct
a habitual offender driver's license revocation hearing; to
amend § 56-1-1090, as amended, relating to the issuance
of a driver's license to a habitual offender, so as to make
technical changes; to amend § 56-5-2942, relating to the
immobilization of a vehicle owned by a person who has been
convicted of certain driving offenses, so as to revise the
procedure whereby the Department of Motor Vehicles permits
or denies the release of an immobilized vehicle, and whereby
an owner of a vehicle may seek relief from a decision to have
a vehicle immobilized; to amend § 56-5-2951, as amended,
relating to the suspension of the driver's license of a person
who refuses to submit to testing to determine his level of
alcohol concentration, so as to make technical changes; to
amend § 56-5-2952, as amended, relating to the filing
fee to request an administrative hearing, so as to make technical
changes; to amend § 56-9-60, as amended, relating to self-insurer's
for motor vehicles, so as to make technical changes relating
to the cancellation of a self-insurer's status; to amend § 56-9-363,
as amended, relating to certain forms prescribed by the Department
of Motor Vehicles, so as to make technical changes; to amend § 56-10-510,
relating to the registration of an uninsured motor vehicle,
so as to make technical changes; to amend § 56-10-530,
relating to an uninsured vehicle involved in certain accidents,
so as to make technical changes; to amend § 56-15-350
and § 56-16-180, both as amended, relating to the denial
of, the issuance of, suspension, and revocation of a driver's
license, so as to make technical changes.
12/12/07—House
Prefiled
12/12/07—Referred
to Committee on Judiciary
Family Court Jurisdiction. S.
919 (Word version)
-- Senator Reese: A bill to amend § 20-7-420, as amended,
Code of Laws of South Carolina, 1976, relating to exclusive
jurisdiction of the Family Court, so as to provide that the
Court has jurisdiction to review the geographic location of
a child in a custody or visitation matter, to make findings
whether the location provides reasonable access for visitation
by the noncustodial parent, and to order whether the custodial
parent must assist with visitation arrangements and whether
the custodial parent must petition the court before changing
the child's geographic residence.
12/12/07—Senate
Prefiled
12/12/07—Referred
to Committee on Judiciary
Judicial Elections. S.
866 (Word version)
-- Senators Ritchie, Ford and Cleary: A concurrent resolution
to fix 12:00 noon on Wednesday, February 6, 2008, as the time
to elect a successor to a certain justice of the Supreme Court,
Seat 3, whose term expires July 31, 2008; to elect a successor
to a certain judge of the Court of Appeals, Seat 6, to fill
the unexpired term which expires June 30, 2009, and the subsequent
full term which expires on June 30, 2015; to elect a successor
to a certain judge of the Circuit Court for the Ninth Judicial
Circuit, Seat 2, to fill the unexpired term which expires June
30, 2012; to elect a successor to a certain judge of the Circuit
Court, At-Large Seat 11, whose term expires June 30, 2008;
to elect a successor to a certain judge of the Circuit Court,
At-Large Seat 12, whose term expires June 30, 2008; to elect
a successor to a certain judge of the Circuit Court, At-Large
Seat 13, to fill the unexpired term which expires June 30,
2008, and the subsequent full term which expires on June 30,
2014; to elect a successor to a certain judge of the Family
Court for the Fourth Judicial Circuit, Seat 3, whose term expires
June 30, 2008; to elect a successor to a certain judge of the
Family Court for the Fifth Judicial Circuit, Seat 3, to fill
the unexpired term which expires June 30, 2013; to elect a
successor to a certain judge of the Family Court for the Sixth
Judicial Circuit, Seat 2, to fill the unexpired term which
expires June 30, 2008, and the subsequent full term which expires
on June 30, 2014; to elect a successor to a certain judge of
the Family Court for the Ninth Judicial Circuit, Seat 5, whose
term expires June 30, 2008; to elect a successor to a certain
judge of the Family Court for the Twelfth Judicial Circuit,
Seat 1, to fill the unexpired term which expires June 30, 2013;
to elect a successor to a certain judge of the Family Court
for the Thirteenth Judicial Circuit, Seat 5, whose term expires
June 30, 2008; to elect a successor to a certain judge of the
Family Court for the Fourteenth Judicial Circuit, Seat 2, to
fill the unexpired term which expires June 30, 2010; to elect
a successor to a certain judge of the Family Court for the
Fifteenth Judicial Circuit, Seat 3, whose term expires June
30, 2008; and to elect a successor to a certain judge of the
Administrative Law Court, Seat 5, whose term expires June 30,
2008.
12/05/07—Senate
Prefiled
12/05/07—Referred
to Committee on the Judiciary
Δ Back to top
Criminal Sexual Conduct. H.
4324 (Word version)
-- Rep. Huggins: A bill to amend § 16-3-655, as amended,
Code of Laws of South Carolina, 1976, relating to criminal
sexual conduct with a minor, so as to delete the exception
from prosecution for criminal sexual conduct with a minor in
the second degree when the person is eighteen years of age
or less and the victim is at least fourteen and to delete the
provision that mistake of age may be used as a defense to criminal
sexual conduct with a minor in the second degree; and to amend § 23-3-540,
as amended, relating to electronic monitoring of sex offenders,
so as to make conforming amendments to remove exceptions from
electronic monitoring requirements of persons who commit criminal
sexual conduct in the second degree when the offender is eighteen
years of age or less and the victim is at least fourteen.
12/05/07—House
Prefiled
12/05/07—Referred
to Committee on Judiciary
Criminal Sexual Conduct. H.
4327 (Word version)
-- Rep. Clemmons: A bill to amend § 16-3-654, Code of
Laws of South Carolina, 1976, relating to criminal sexual conduct
in the third degree, so as to include sexual battery when the
victim is a student sixteen years of age or older and the actor
is an employee of a public or private secondary school under
certain circumstances.
12/05/07—House
Prefiled
12/05/07—Referred
to Committee on Judiciary
Criminal Sexual Conduct. H.
4395 (Word version)
-- Rep. E. H. Pitts: A bill to amend § 16-3-655, as amended,
Code of Laws of South Carolina, 1976, relating to criminal
sexual conduct with a minor, so as to delete the exception
from prosecution for criminal sexual conduct with a minor in
the second degree when the person is eighteen years of age
or less and the victim is at least fourteen and to delete the
provision that mistake of age may be used as a defense to criminal
sexual conduct with a minor in the second degree; and to amend § 23-3-540,
as amended, relating to electronic monitoring of sex offenders,
so as to make conforming amendments to remove exceptions from
electronic monitoring requirements of persons who commit criminal
sexual conduct in the second degree when the offender is eighteen
years of age or less and the victim is at least fourteen.
12/12/07—House Prefiled
12/12/07—Referred to Committee on Judiciary
Criminal Sexual Conduct. S.
895 (Word version)
-- Senator Martin: A bill to amend § 16-3-652(2) of the
1976 code, relating to the penalty for criminal sexual conduct
in the first degree, to provide for a mandatory minimum term
of imprisonment of fifteen years.
12/12/07—Senate
Prefiled
12/12/07—Referred
to Committee on Judiciary
Criminal Sexual Conduct. S.
930 (Word version)
-- Senators Ryberg, Bryant and Massey: A bill to amend § 16-3-654
of the 1976 Code, relating to criminal sexual conduct in the
third degree, to include sexual battery, when the victim is
a student sixteen years of age or older and the actor is a
person employed at a public or private secondary school, under
certain circumstances.
12/12/07—Senate
Prefiled
12/12/07—Referred
to Committee on Judiciary
DNA Collection. H.
4396 (Word version)
-- Rep. Harrell: A bill to amend § 23-3-620, Code of Laws
of South Carolina, 1976, relating to offenders being required
to submit samples for inclusion in the DNA database, so as
to require samples upon lawful custodial arrest for a felony
rather than following sentencing and at the time of intake
at a jail or prison, and to require samples to be provided
before a person is released on parole, released from confinement,
or released from an agency's jurisdiction; to amend § 23-3-630,
relating to persons authorized to take DNA samples and their
immunity from liability, so as to delete requirements that
the persons authorized must be certain types of health professionals
and to provide that only they must be appropriately trained;
to amend § 23-3-650, relating to the confidentiality of
a DNA profile, so as to provide for coordination between SLED
and local law enforcement agencies to prevent collection and
processing of duplicate DNA samples; and to amend § 23-3-660
and 23-3-670, relating to expungements and fees for dna samples,
so as to provide for expungement when charges are dismissed
or nolle prossed, to provide that the State will pay for the
costs of collecting and processing a DNA sample, and to provide
that fees collected from convicted persons shall be remitted
to the General Fund of the State and credited to the State
Law Enforcement Division.
12/12/07—House
Prefiled
12/12/07—Referred
to Committee on Judiciary
Greencards. H.
4326 (Word version)
-- Rep. Rice: A bill to amend the Code of Laws of South Carolina,
1976, by adding § 16-13-455 so as to establish the offense
of unlawful display or possession of falsified or counterfeit
green cards or other documents for the purpose of offering
proof of lawful presence in the United States and to provide
graduated penalties.
12/05/07—House
Prefiled
12/05/07—Referred
to Committee on Judiciary
Murder. H.
4323 (Word version)
-- Rep. Crawford: A bill to amend § 16-3-20, as amended,
Code of Laws of South Carolina, 1976, relating to the punishment
for murder, so as to add the murder of a vulnerable adult to
the list of statutory aggravating circumstances for purposes
of the death penalty; and to amend § 43-35-10, as amended,
relating to definitions for purposes of the Omnibus Adult Protection
Act, so as to provide a definition for the term "advanced
age".
12/05/07—House
Prefiled
12/05/07—Referred
to Committee on Judiciary
No Parole Offense. H.
4309 (Word version)
-- Reps. Harrison, Harrell, G. M. Smith, Delleney, Leach and
Haley: A bill to amend § 24-13-100, Code of Laws of South
Carolina, 1976, relating to the definition of the term "no
parole offense", so as to revise its definition to include
Class D, E, and F felonies, offenses classified as exempt which
are punishable by a maximum term of imprisonment for at least
one year, and Class A and B misdemeanors, to provide that a
person who is found guilty of, pleads guilty to, or pleads
nolo contendre to a "no parole offense" is eligible
for early release from incarceration under certain circumstances,
and to provide that the provisions contained in this section
do not affect the provisions contained in the youthful offender
act.
12/05/07—House
Prefiled
12/05/07—Referred
to Committee on Judiciary
Post-Conviction Relief. H.
4325 (Word version)
-- Rep. Delleney: A bill to amend § 14-1-235, Code of
Laws of South Carolina, 1976, relating to appointment of an
attorney in a civil action, so as to clarify that the prohibition
on appointment applies to certain post-conviction relief matters
and actions pursuant to the Sexually Violent Predator Act;
and to amend § 17-27-60, relating to court costs and expenses
for indigents, so as to include a reference to the prohibition
on civil appointments in certain cases.
12/05/07—House
Prefiled
12/05/07—Referred
to Committee on Judiciary
School Zone. H.
4369 (Word version)
-- Rep. Moss: A bill to amend the Code of Laws of South Carolina,
1976, by adding § 56-5-1537 so as to provide that it is
unlawful for a person to speed in a school zone, to provide
a penalty for the violation of this provision under certain
circumstances, and to provide a definition for the term "school
zone".
12/12/07—House
Prefiled
12/12/07—Referred
to Committee on Education and Public Works
Sex Offender Registry. S.
931 (Word version)
-- Senator Rankin: A bill to amend Article 7, Chapter 3 of
Title 23, relating to the sex offender registry, by adding § 23-3-560,
to provide that any person required to register as a sex offender
is prohibited from loitering, being employed, or establishing
a residence within one mile of a school building or child care
facility and to provide appropriate penalties for violations.
12/12/07—Senate
Prefiled
12/12/07—Referred
to Committee on Judiciary
Unlawful Alcohol Concentration. H.
4373 (Word version)
-- Rep. Crawford: A bill to amend § 56-5-2933, Code of
Laws of South Carolina, 1976, relating to the offense of driving
with an unlawful alcohol concentration, so as to delete the
provisions that relate to the prosecution of a person charged
with this offense.
12/12/07—House
Prefiled
12/12/07—Referred
to Committee on Judiciary
Unlawful Sale of Handguns. H.
4364 (Word version)
-- Rep. M. A. Pitts: A bill to amend § 16-23-30, as amended,
Code of Laws of South Carolina, 1976, relating to the unlawful
sale of handguns to certain persons, so as to allow persons
under twenty-one years of age to lawfully possess handguns
if engaged in the business of dealing in firearms in the ordinary
course of business.
12/12/07—House
Prefiled
12/12/07—Referred
to Committee on Judiciary
Δ Back to top
Child Abuse and Neglect. H.
4377 (Word version)
-- Reps. E. H. Pitts, Bingham and Toole: A bill to amend § 20-7-650,
as amended, Code of Laws of South Carolina, 1976, relating
to duties of the Department of Social Services concerning reports
and investigations of child abuse and neglect, so as to provide
that information concerning reports of child abuse and neglect
classified as unfounded must be forwarded to the State Law
Enforcement Division for safekeeping indefinitely, to be disclosed
only under certain circumstances currently allowed by law and
to mandate that both the Department and the appropriate law
enforcement agency conduct investigations and share information
collected when child abuse or neglect is indicated; to amend § 20-7-680,
as amended, relating to the Central Registry of Child Abuse
and Neglect, so as to require certain public entities to review
the Central Registry of Child Abuse and Neglect before hiring
a potential employee and to provide consequences when an employer
required to check the Central Registry fails to do so; to amend § 20-7-690,
as amended, relating to confidentiality of reports and records
maintained by the Department of Social Services, so as to allow
certain persons, agencies, or entities access to the Department's
records of indicated child abuse and neglect cases; and to
repeal § 20-7-50 relating to unlawful conduct towards
a child.
12/12/07—House
Prefiled
12/12/07—Referred
to Committee on Judiciary
Child Support. S.
871 (Word version)
-- Senator Elliott: A bill to amend § 20-7-1315(m) of
the 1976 Code, relating to a centralized system for the collection
and disbursement of funds received from wage withholding under
the Child Support Enforcement Program, to establish the State
Child Support Collection and Disbursement Unit, to provide
that the unit must operate the centralized collection and disbursement
system, to provide for specific operational requirements of
the system, and to provide that the Child Support Collection
and Disbursement Unit may administer and operate the system
itself or it may contract with another state agency or private
entity to administer and operate the system.
12/05/07—Senate
Prefiled
12/05/07—Referred
to Committee on Judiciary
Child Support. S.
881 (Word version)
-- Senator Cleary: A bill to amend the Code of Laws of South
Carolina, 1976, by adding § 20-7-865 so as to authorize
the Family Court to issue a rule to show cause upon the filing
of an affidavit that a parent has failed to pay court-ordered
support, other than periodic payment of funds for the support
of the child, to provide for service by regular mail, to provide
that the affidavit and certain other documentation is prima
facie evidence of nonpayment, shifting the burden of proof,
and to provide a defense.
12/05/07—Senate
Prefiled
12/05/07—Referred
to Committee on Judiciary
Uniform Premarital Agreement Act. H.
4359 (Word version)
-- Rep. Gullick: A bill to amend the Code of Laws of South
Carolina, 1976, by adding Article 9 to Chapter 1, Title 20
so as to enact the "Uniform Premarital Agreement Act" which
provides requirements for the execution, content, and amendment
or revocation of premarital agreements, the effect of marriage
or a void marriage on such an agreement, the enforcement of
such agreements, limitation of actions with regard to such
an agreement, and the application and construction of this
article.
12/12/07—House
Prefiled
12/12/07—Referred
to Committee on Judiciary
Δ Back to top
Aiken Technical College. H.
4372 (Word version)
-- Rep. J. R. Smith: A bill to amend the Code of Laws of South
Carolina, 1976, by designating § 59-53-1610 as Subarticle
1 and entitled "General Provisions" of Article 19,
Chapter 53, Title 59; and by adding Subarticle 2 to Article
19, Chapter 53, Title 59, so as to provide for the creation
of the Aiken Technical College Enterprise Campus Authority,
and to provide for its powers and duties.
12/12/07—House
Prefiled
12/12/07—Referred
to Committee on Education and Public Works
Charter Schools. S.
888 (Word version)
-- Senator Vaughn: A bill to amend § 59-40-50(8) of the
1976 Code, relating to the powers and duties of a charter school,
to provide that a charter school may give enrollment priority
to a sibling of a previously enrolled pupil.
12/05/07—Senate
Prefiled
12/05/07—Referred
to Committee on Education
Charter Schools. S.
926 (Word version)
-- Senator Verdin: A bill to amend § 59-40-140(b) of the
1976 Code, relating to the distribution of state funds to charter
schools, to provide that for each student who transfers from
a failing public school to a charter school, the weighted pupil
amount of all attributable funds must be transferred to the
charter school.
12/12/07—Senate
Prefiled
12/12/07—Referred
to Committee on Education
Compulsory Attendance. H.
4319 (Word version)
-- Rep. White: A bill to amend § 59-65-10, Code of Laws
of South Carolina, 1976, relating to the compulsory attendance
requirement in schools, so as to increase the age of the child
at which a parent or guardian no longer has responsibility
to cause the child to attend school.
12/05/07—House
Prefiled
12/05/07—Referred
to Committee on Education and Public Works
Education Scholarships. S.
909 (Word version)
-- Senator Bryant: A bill to amend Chapter 111 of Title 59
of the 1976 Code, relating to education scholarships, by adding § 59-111-25,
to provide that members of the South Carolina National Guard
or reserve components that are awarded a bronze star medal,
or higher military award in the order of precedence, for combat
operations may be admitted to any state-supported college,
university, or post high school technical education institution
free of tuition.
12/12/07—Senate
Prefiled
12/12/07—Referred
to Committee on Education
Employment of Teachers. S.
868 (Word version)
-- Senator Reese: A bill to amend § 59-25-410, Code of
Laws of South Carolina, 1976, relating to notification of employment
of teachers, so as to provide that school districts that contract
to hire retired teachers may not rescind those contracts for
the ensuing school year.
12/05/07—Senate
Prefiled
12/05/07—Referred
to Committee on Education
Finances. S.
884 (Word version)
-- Senator Cleary: A bill to amend the Code of Laws of South
Carolina, 1976, by repealing § 4-10-810 and § 59-21-1030
relating to the level of financial effort per pupil required
of each school district.
12/05/07—Senate
Prefiled
12/05/07—Referred
to Committee on Education
Institutions of Higher Learning. H.
4389 (Word version)
-- Rep. Govan: A bill to amend the Code of Laws of South Carolina,
1976, by adding § 59-101-286 so as to provide that no
voting member of the governing board of a public institution
of higher learning in this State may be offered or accept a
position of employment with the institution while a member
of the governing board and for a period of four years after
he ceases to be a member of the governing board.
12/12/07—House
Prefiled
12/12/07—Referred
to Committee on Education and Public Works
Palmetto Fellows Scholarships. H.
4316 (Word version)
-- Rep. Lucas: A bill to amend the Code of Laws of South Carolina,
1976, by adding § 59-104-28 so as to establish criteria
for the awarding of Palmetto Fellows Scholarships to students
graduating in 2008 and thereafter who attend "magnet schools" or
schools with "open enrollment".
12/05/07—House
Prefiled
12/05/07—Referred
to Committee on Education and Public Works
Post Secondary Education Benefits. H.
4387 (Word version)
-- Rep. Viers: A bill to amend the Code of Laws of South Carolina,
1976, by adding § 59-101-430 so as to deny postsecondary
education benefits on the basis of residence to a person unlawfully
within the United States.
12/12/07—House
Prefiled
12/12/07—Referred
to Committee on Education and Public Works
Residence. H.
4320 (Word version)
-- Rep. Whipper: A bill to amend § 59-63-31, as amended,
Code of Laws of South Carolina, 1976, relating to qualifications
for attendance at public schools, so as to add the residence
of a child in a particular school district as a result of a
parent's or legal guardian's military deployment.
12/05/07—House
Prefiled
12/05/07—Referred
to Committee on Education and Public Works
School Districts. S.
867 (Word version)
-- Senator Hawkins: A bill to amend § 59-63-45 of the
1976 Code, relating to reimbursement for attending another
school district, to provide that a child enrolled in the wrong
school district due to an error by the school district is not
required to pay tuition for that school year, to provide that
a school district may only remove a student enrolled in the
district as a result of district error if the district can
demonstrate that the error was due to the person responsible
for the education of the child knowingly and intentionally
misrepresenting the child's residence to the district, and
to provide that the person responsible for educating a child
may recover actual damages, punitive damages, costs, and attorney
fees from a school district that violates the provisions of
this act.
12/05/07—Senate
Prefiled
12/05/07—Referred
to Committee on Education
School Enrollment. H.
4317 (Word version)
-- Rep. Huggins: A bill to amend §59-63-32, Code of Laws
of South Carolina, 1976, relating to requirements to enroll
a child in a public school, so as to increase penalties for
providing false information in an affidavit offered to enroll
a child in a public school.
12/05/07—House
Prefiled
12/05/07—Referred
to Committee on Education and Public Works
School Term. H.
4321 (Word version)
-- Rep. Rice: A bill to amend § 59-1-425, as amended,
Code of Laws of South Carolina, 1976, relating to the beginning
and length of the school term, so as to shorten the length
of the school term to one hundred eighty-five days, and further
provide for the use of the noninstructional days.
12/05/07—House
Prefiled
12/05/07—Referred
to Committee on Education and Public Works
South Carolina Outstanding Educational Benefits Garnishment
Act. H.
4368 (Word version)
-- Rep. Gullick: A bill to amend the Code of Laws of South
Carolina, 1976, by adding Chapter 155 to Title 59 so as to
enact the "South Carolina Outstanding Educational Benefits
Garnishment Act" to provide that a person who has recovered
judgment in a court against another person to collect outstanding
educational benefits has a right to a writ of garnishment to
satisfy the judgment he has obtained by subjecting to garnishment
salary or wages of the judgment debtor, to provide the jurisdiction
and procedure for garnishment, and to define certain terms.
12/12/07—House
Prefiled
12/12/07—Referred
to Committee on Judiciary
South Carolina Public School Choice Program. H.
4391 (Word version)
-- Rep. E. H. Pitts: A bill to amend Title 59, Code of Laws
of South Carolina, 1976, relating to education, by adding Chapter
62 so as to establish the South Carolina Public School Choice
Program whereby each school district beginning with the 2009-2010
school year shall develop and begin implementing a Public School
Choice Program developed by it providing a choice option for
students at the elementary, middle, and high school level,
to also provide that school districts beginning with the 2009-2010
school year may establish voluntary open-enrollment programs,
and to provide for the requirements of and procedures for these
programs.
12/12/07—House
Prefiled
12/12/07—Referred
to Committee on Education and Public Works
South Carolina Soldiers’ Support Act of 2008. S.
900 (Word version)
-- Senators Sheheen, Leventis and Lourie: A bill to amend the
Code of Laws of South Carolina, 1976, by adding § 25-3-220
so as to create the "South Carolina Soldiers' Support
Act of 2008", and to provide limited college tuition payments
to the spouse and child of a deceased national guard member
who died while performing his military duty.
12/12/07—Senate
Prefiled
12/12/07—Referred
to General Committee
Δ Back to top
Absentee Ballot. S.
927 (Word version)
-- Senators Martin and Sheheen: A bill to amend § 7-15-220,
7-15-380, 7-15-385, and 7-15-420, Code of Laws of South Carolina,
1976, relating to casting a ballot by means of an absentee
ballot, so as to delete the requirement that the signature
or mark of an absentee applicant or voter be witnessed.
12/12/07—Senate
Prefiled
12/12/07—Referred
to Committee on Judiciary
Board of State Canvassers. S.
911 (Word version)
-- Senators Martin and Sheheen: A bill to amend § 7-17-220,
Code of Laws of South Carolina, 1976, relating to meetings
of the Board of State Canvassers, so as to provide that a meeting
may be convened by telephone or electronic communication instead
of in person at the Office of the State Election Commission;
and to amend § 7-17-510, relating to the convening of
the County Commissioners of Election as County Boards of Canvassers,
so as to provide that any required meetings may be convened
by telephone or electronic communication.
12/12/07—Senate
Prefiled
12/12/07—Referred
to Committee on Judiciary
Candidate Filings. S.
912 (Word version)
-- Senators Martin and Sheheen: A bill to amend § 7-11-15,
Code of Laws of South Carolina, 1976, relating to qualifications
to run as a candidate in general elections, so as to provide
that certain filings take place on the fifth day instead of
the tenth day following the deadline and that the provisions
of the section apply to nonpartisan school trustee elections.
12/12/07—Senate
Prefiled
12/12/07—Referred
to Committee on Judiciary
Campaign Practices. H.
4338 (Word version)
-- Rep. Lucas: A bill to amend § 8-13-1300, as amended,
Code of Laws of South Carolina, 1976, relating to campaign
practices definitions, so as to provide that "contribution" does
not include certain things of value used to pay for communications
made more than forty-five days before an election to influence
the outcome of an elected office.
12/05/07—House
Prefiled
12/05/07—Referred
to Committee on Judiciary
Certification of Candidates. S.
914 (Word version)
-- Senators Martin and Sheheen: A bill to amend § 7-13-350,
Code of Laws of South Carolina, 1976, relating to certification
of candidates, so as to change the day by which candidates
for President and Vice President must be certified.
12/12/07—Senate
Prefiled
12/12/07—Referred
to Committee on Judiciary
County Board of Canvassers. S.
916 (Word version)
-- Senators Martin and Sheheen: A bill to amend § 7-17-10,
Code of Laws of South Carolina, 1976, relating to the meeting
and organization of County Boards of Canvassers, so as to provide
that the Board meet and organize by no later than the Friday
following the election instead of on the Friday following the
election to provide for flexibility in complying with the requirement.
12/12/07—Senate
Prefiled
12/12/07—Referred
to Committee on Judiciary
Direct Influence. H.
4362 (Word version)
-- Rep. G. M. Smith: A bill to amend the Code of Laws of South
Carolina, 1976, by adding § 8-13-810 so as define "direct
influence" and to prohibit a business or a person, or
their immediate family, with an ownership interest in a business
that has a no-bid contract from making a campaign contribution
to a candidate for public office whose office gives or would
give him direct influence in awarding a contract and to provide
an exemption.
12/12/07—House
Prefiled
12/12/07—Referred
to Committee on Judiciary
General Election Ballot. S.
913 (Word version)
-- Senators Martin and Sheheen: A bill to amend § 7-13-310,
Code of Laws of South Carolina, 1976, relating to general election
ballots, so as to provide that the Executive Director must
provide for ballots as required by law and to delete obsolete
language.
12/12/07—Senate
Prefiled
12/12/07—Referred
to the Committee on Judiciary
Request of an Absentee Ballot. S.
915 (Word version)
-- Senators Martin and Sheheen: A bill to amend § 7-15-330,
Code of Laws of South Carolina, 1976, relating to the application
for absentee ballot, so as to provide that the application
may be requested by electronic mail in addition to telephone
or mail.
12/12/07—Senate
Prefiled
12/12/07—Referred
to Committee on Judiciary
Special Elections. H.
4351 (Word version)
-- Rep. Kirsh: A bill to amend § 7-13-190, as amended,
Code of Laws of South Carolina, 1976, relating to special elections
to fill vacancies in office, so as to exempt municipal elections
from certain requirements of the section regarding the conduct
of the election when only one person has filed for an office
12/12/07—House
Prefiled
12/12/07—Referred
to Committee on Judiciary
Voter Assistance. S.
917 (Word version)
-- Senators Martin and Sheheen: A bill to amend § 7-13-770,
Code of Laws of South Carolina, 1976, relating to obtaining
voter assistance, so as to provide that voters who require
assistance due to blindness, disability, or inability to read
or write may be given assistance by a person of the voter's
choice other than the voter's employer or agent of the employer
or officer or agent of that voter's union.
12/12/07—Senate
Prefiled
12/12/07—Referred
to Committee on Judiciary
Voter Registration. H.
4352 (Word version)
-- Rep. Huggins: A bill to amend the Code of Laws of South
Carolina, 1976, by adding § 7-5-200 so as to require a
voter registration certificate to have the voter's photograph
on it.
12/12/07—House
Prefiled
12/12/07—Referred
to Committee on Judiciary
Δ Back to top
Beach Erosion Control Policy. S.
904 (Word version)
-- Senator Campsen: A bill to amend § 48-39-120 of the
1976 Code, relating to the development of a beach erosion control
policy, to define 'full and complete access'.
12/12/07—Senate
Prefiled
12/12/07—Referred
to Committee on Agriculture and Natural Resources
Claiming Mineral Rights. H.
4383 (Word version)
-- Rep. Coleman: A bill to amend the Code of Laws of South
Carolina, 1976, by adding § 27-1-70 so as to prescribe
the conditions and the procedure for claiming mineral rights
in real property pursuant to adverse possession.
12/12/07—House
Prefiled
12/12/07—Referred
to Committee on Judiciary
National Estuary Program. S.
933 (Word version)
-- Senator Ceips: A concurrent resolution to urge the members
of the South Carolina delegation to the United States Congress
to request that the Environmental Protection Agency study Port
Royal Sound as a candidate for the National Estuary Program.
12/12/07—Senate
Prefiled
12/12/077—Referred
to Committee on Fish, Game and Forestry
South Carolina Comprehensive Statewide Water Management
Act of 2008. H.
4393 (Word version)
-- Rep. Bowen: A bill to amend Chapter 3 of Title 49, Code
of Laws of South Carolina, 1976, relating to water resources
planning and coordination by adding Article 3 so as to enact
the "South Carolina Comprehensive Statewide Water Management
Act of 2008", including provisions to require the development
of a Statewide Comprehensive Water Management Program; to provide
for principles on which such Program must be based; to require
all water withdrawal permit decisions to be made in accordance
with the Program; to provide for effect of noncompliance with
the Program; to provide for a South Carolina Water Board and
for its composition and duties; to provide procedures for program
development, adoption, and revision; to designate § 49-3-10
through § 49-3-50 of the 1976 Code as Article 1, Chapter
3 of Title 49; and to repeal Chapter 21 of Title 49 relating
to the interbasin transfer of water to be upon approval of
the General Assembly by joint resolution of the Statewide Comprehensive
Water Management Program provided above.
12/12/07—House Prefiled
12/12/07—Referred
to Committee on Agriculture, Natural Resources and Environmental Affairs
South Carolina Comprehensive Statewide Water Management
Act of 2008. S.
925 (Word version)
-- Senator Bryant: A bill to amend Chapter 3 of Title 49, Code
of Laws of South Carolina, 1976, relating to water resources
planning and coordination by adding Article 3 so as to enact
the "South Carolina Comprehensive Statewide Water Management
Act of 2008", including provisions to require the development
of a Statewide Comprehensive Water Management Program; to provide
for principles on which such Program must be based; to require
all water withdrawal permit decisions to be made in accordance
with the Program; to provide for effect of noncompliance with
the Program; to provide for a South Carolina Water Board and
for its composition and duties; to provide procedures for program
development, adoption, and revision; to designate § 49-3-10
through § 49-3-50 of the 1976 Code as Article 1, Chapter
3 of Title 49; and to repeal Chapter 21 of Title 49 relating
to the interbasin transfer of water to be upon approval of
the General Assembly by joint resolution of the Statewide Comprehensive
Water Management Program provided above.
12/12/07—Senate
Prefiled
12/12/07—Referred
to Committee on Agriculture and Natural Resources
Stormwater Runoff Fees. H.
4337 (Word version)
-- Rep. R. Brown: A bill to amend § 48-14-120, as amended,
Code of Laws of South Carolina, 1976, relating to stormwater
runoff fees, so as to specifically exempt farm land, forest
land, and undeveloped land from such fees.
12/05/07—House
Prefiled
12/05/07—Referred
to Committee on Agriculture, Natural Resources and Environmental Affairs
Δ Back to top
Daylight Fish Gigging. H.
4331 (Word version)
-- Rep. Miller: A bill to amend § 50-5-580, Code of Laws
of South Carolina, 1976, relating to the offense of daylight
fish gigging in certain saltwaters in Georgetown County, so
as to prohibit such fish gigging from sunset until sunrise
and to increase the penalty for a violation.
12/05/07—House
Prefiled
12/05/07—Referred
to Committee on Agriculture, Natural Resources and Environmental Affairs
Hunter’s Education Program. H.
4390 (Word version)
-- Rep. G. M. Smith: A bill to amend § 50-9-320, as amended,
Code of Laws of South Carolina, 1976, relating to the requirement
that certain persons must successfully complete a hunter's
education program before they are eligible to receive a South
Carolina hunting license, so as to provide that this requirement
does not apply to active or retired United States Armed Services
personnel who can demonstrate to the Department of Natural
Resources that they received weapons training during their
military career.
12/12/07—House
Prefiled
12/12/07—Referred
to Committee on Agriculture, Natural Resources and Environmental Affairs
Hunting Season. H.
4344 (Word version)
-- Rep. M. A. Pitts: A bill to amend § 50-11-310, as amended,
Code of Laws of South Carolina, 1976, relating to open season
for antlered deer, so as to delete a provision enabling the
Department of Natural Resources to establish methods and restrictions
for the hunting and taking of deer.
12/05/07—House
Prefiled
12/05/07—Referred
to Committee on Agriculture, Natural Resources and Environmental Affairs
Licenses. S.
873 (Word version)
-- Senator Knotts: A bill to amend § 50-9-510, Code of
Laws of South Carolina, 1976, relating to hunting licenses
for small game generally; and to amend § 50-9-540, relating
to statewide fishing licenses, so as to reduce the fee for
a statewide hunting license, a statewide fishing license, and
a statewide combination license for members of the United States
Armed Services who are considered residents of this state.
12/05/07—Senate
Prefiled
12/05/07—Referred
to Committee on Fish, Game and Forestry
Natural Resources Enforcement Division. H.
4341 (Word version)
-- Rep. Cooper: A bill to amend the Code of Laws of South Carolina,
1976, by adding Article 7 to Chapter 6, Title 23 so as to create
the Natural Resources Enforcement Division within the Department
of Public Safety and to transfer to the Division certain powers
and assets from the Department of Natural Resources, among
other things; to amend § 23-6-20, relating to the Divisions
comprising the Department of Public Safety, so as to add the
Natural Resources Enforcement Division; to amend § 23-6-30,
relating to the duties and powers of the Department of Public
Safety, so as to include powers to enforce certain laws related
to natural resources; and to repeal § 50-3-110 relating
to the supervision of Department of Natural Resources enforcement
officers; 50-3-120 relating to designation of wildlife law
enforcement personnel as law enforcement officers; 50-3-130
relating to uniforms and emblems of Department of Natural Resources
enforcement officers; 50-3-140 relating to publication of description
of enforcement officers' uniforms and emblems; 50-3-150 relating
to use of present uniforms and motor vehicles during and after
transfer; 50-3-160 relating to injunctions; 50-3-310 relating
to the appointment and removal of enforcement officers; 50-3-315
relating to deputy enforcement officers; 50-3-316 relating
to criteria for hiring enforcement officers; 50-3-320 relating
to transmittal and delivery of commissions of enforcement officers;
50-3-330 relating to oaths and bonds for enforcement officers;
50-3-340 relating to statewide power of enforcement officers;
50-3-350 relating to official badge of enforcement officers;
50-3-360 relating to additional deputy enforcement officers
for game zone 2; 50-3-370 relating to duty of enforcement officers
to check bag limits and investigate violations; 50-3-380 relating
to search and seizure of game and fish obtained unlawfully;
50-3-390 relating to duty of enforcement officers to enforce
laws and prosecute violations; 50-3-395 relating to power of
enforcement officers to issue warning tickets; 50-3-396 relating
to use of enforcement officers' official summons of littering
violations; 50-3-400 relating to grant of constable and inspector
powers to enforcement officers; 50-3-410 relating to arrest
procedures and bail; and 50-3-420 relating to immunity from
certain prosecution.
12/05/07—House
Prefiled
12/05/07—Referred
to Committee on Agriculture, Natural Resources and Environmental Affairs
Turtles. H.
4392 (Word version)
-- Rep. E. H. Pitts: A bill to amend the Code of Laws of South
Carolina, 1976, by adding § 50-15-65 so as to provide
that it is unlawful to buy, sell, offer for sale, or offer
to buy certain species of turtles, to provide that it is unlawful
to possess more than five of each of these species and no more
than an aggregate of fifteen of all species without a permit
from the Department of Natural Resources, to provide exceptions,
and to provide penalties for violations.
12/12/07—House
Prefiled
12/12/07—Referred
to Committee on Agriculture, Natural Resources and Environmental Affairs
Δ Back to top
Commission on Women. S.
903 (Word version)
-- Senator Campsen: A bill to amend § 1-15-10 of the 1976
Code, relating to appointing the members of the Commission
on Women, to provide that the Commission is composed of fifteen
members appointed by the Governor, with one member appointed
from each Congressional district and nine members from the
state at-large.
12/12/07—Senate
Prefiled
12/12/07—Referred
to Committee on Judiciary
Government Accountability Act of 2008. S.
898 (Word version)
-- Senator Sheheen: A bill to enact the "Government Accountability
Act of 2008", including provisions to amend § 8-27-10(4),
relating to the definition of report for the purposes of the
employment protection for reports of violations of state or
federal law or regulation by providing that a report may be
a written or oral allegation or testimony to a legislative
committee; by adding Chapter 2 to Title 2, relating to legislative
oversight of executive departments, to provide that the standing
committees of the General Assembly have a duty to review and
study the o
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