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. Requests for Legislation 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. General Assembly & South Carolina Code of Laws 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. Corporate, Banking & Securities 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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". 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. 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. 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". 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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". 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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 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. 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. 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'. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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 operations of the state agencies within the committee's
jurisdiction, to establish committee oversight jurisdiction, to provide
for the process by which a committee may initiate an oversight study
or investigation, to provide for the manner in which an investigating
committee may acquire evidence or information related to the study
or investigation, to provide for program evaluation reports, the manner
in which they are requested, and the contents of the reports, to provide
that all testimony given to an investigating committee must be given
under oath, to provide that witnesses testifying in front of an investigating
committee may be represented by counsel, and to provide that witnesses
are given the benefit of any privilege which he could have claimed
in court as a party to a civil action; to amend Title 11 of Chapter
11 by adding § 11-11-85 to require the Governor's annual State
Budget recommendation and the reports of the House Committee on Ways
and Means and the Senate Finance Committee on the Annual General Appropriations
Act to be in a programmatic format by providing a narrative description
of each separate program administered by a state agency and providing
the elements that must be included in the narrative, to require the
budget recommendation for an agency to include an overall budget recommendation
by budget category and a similar recommendation for each separate program
administered by the agency and the specific source of funds appropriated
for the agency; to repeal Chapter 3 of Title 11, relating to the Comptroller
General, to transfer to the State Auditor the Comptroller General's
powers and duties, to amend § 1-11-10, relating to the composition
of the Budget and Control Board, to provide that the Attorney General
shall replace the Comptroller General on the Budget and Control Board,
to amend § 11-5-130 and 11-5-180, relating to the Comptroller
General, to conform them to the provisions pertaining to the transfer
of duties to the State Auditor from the Comptroller General; to repeal
Chapter 5 of Title 1, relating to the Secretary of State, to amend § 1-30-25,
relating to the Department of Commerce, by transferring certain powers,
duties, and functions to the Department of Commerce from the Secretary
of State, to amend Chapter 7 of Title 1, relating to the Attorney General,
by adding Article 9 to transfer certain powers, duties, and functions
to the Attorney General from the Secretary of State; to amend Chapter
1 of Title 5, relating to incorporation of municipal corporations,
Chapter 1 of Title 26, relating notaries public, Chapter 56 of Title
33, relating to solicitation of charitable funds, Article 11, Chapter
15 of Title 39, relating to trademarks and service marks, Article 3,
Chapter 12 of Title 58, relating to state-issued franchise authority
for cable service providers, § 39-57-60, 39-57-55, 5-3-90, 5-3-280,
26-6-190, 15-9-245, 6-11-1620, 6-11-1630, 6-11-1640, 39-15-420, 39-15-430,
39-15-440, and 39-15-450, 39-15-490 all relating to various powers
and duties of the Secretary of State to conform them to the provisions
transferring those powers, duties, and functions to the Department
of Commerce and the Attorney General, respectively; to amend § 46-3-30,
relating to the qualifications for the Commissioner of Agriculture,
to provide that the Governor appoints the Commissioner with the advice
and consent of the Senate and that the Commissioner may be removed
from office by the Governor as provided in § 1-3-240(c), to repeal § 46-3-40,
relating to the election and term of the Commissioner of Agriculture,
to amend § 1-3-240(c)(1), relating to the removal of officers
by the Governor, to provide that the Governor may remove the Commissioner
of Agriculture from office for malfeasance, misfeasance, incompetency,
absenteeism, conflicts of interest, misconduct, persistent neglect
of duty in office, or incapacity; to amend § 1-3-240(c)(1), relating
to the removal of officers by the Governor, to provide that the State
Inspector General may be removed from office for malfeasance, misfeasance,
incompetency, absenteeism, conflicts of interest, misconduct, persistent
neglect of duty in office, or incapacity, to amend Title 1, relating
to general provisions for the administration of the government, by
adding Chapter 6 to create the Office of the State Inspector General,
to provide that the State Inspector General is appointed by the Governor
with the advice and consent of the Senate, to authorize the State Inspector
General to address fraud, waste, abuse, and wrongdoing within the South
Carolina executive government agencies, and to provide the powers,
duties, and functions of the office; to amend § 1-30-10, relating
to the agencies of the Executive Branch of State Government, by adding
the Department of Administration; by adding § 1-30-125 to establish
the Department of Administration as an agency of the Executive Branch
of State Government to be headed by a Director appointed by the Governor
upon the advice and consent of the Senate, and to transfer to this
newly created Department certain offices and divisions of the State
Budget and Control Board, Office of the Governor, and other agencies,
and to provide for transitional and other provisions necessary to accomplish
the above; by adding Article 6 to Chapter 3 of Title 1 so as to establish
the Division of the State Chief Information Officer within the Department
of Administration to be headed by the State Chief Information Officer,
to provide that the State Chief Information Officer shall be appointed
by the Governor upon the advice and consent of the Senate, and to provide
for the powers, duties, and functions of the division; to create a
Joint Information Technology Review Committee, an Information Technology
Business Case Review Panel, and an Information Technology Architecture
Oversight Panel and to provide for the functions, powers, and responsibilities
of the Committee and Panels; to amend §11-35-1580, as amended,
relating to information technology procurements, so as to delete certain
responsibilities of the Information Technology Management Office; to
amend § 1-10-10, 1-11-20, as amended, 1-11-22, 1-11-55, 1-11-56,
1-11-58, 1-11-65, 1-11-67, 1-11-70, 1-11-80, 1-11-90, 1-11-100, 1-11-110,
1-11-180, 1-11-220, 1-11-225, 1-11-250, 1-11-260, 1-11-270, 1-11-280,
1-11-290, 1-11-300, 1-11-310, 1-11-315, 1-11-320, 1-11-335, 1-11-340,
1-11-435, 2-13-240, Chapter 9 of Title 3; 10-1-10, 10-1-30, as amended,
10-1-40, 10-1-130, 10-1-190, Chapter 9 of Title 10, 10-11-50, as amended,
10-11-90, 10-11-110, 11-9-610, 11-9-620, 11-9-630, 11-35-3810, 11-35-3820,
11-35-3830, 11-35-3840, 13-7-30, 13-7-830, all as amended, 48-46-30,
48-46-40, as amended, 48-46-50, 48-46-60, 48-46-90, 48-52-410, 48-52-440,
as amended, 48-52-460, 48-52-680, 44-53-530, as amended, and 44-96-140;
and to add § 1-11-185, all relating to various Agency or Department
provisions so as to conform them to the above provisions pertaining
to the new Department of Administration or to supplement such provisions. Public Facilities Fair Use Act. H.
4375 (Word version)
-- Rep. Clemmons: A bill to amend the Code of Laws of South Carolina,
1976, by adding Chapter 13 to Title 10 so as to create the "Public
Facilities Fair Use Act". Public Notice. S. 906 (Word version) -- Senator Bryant: A bill to amend § 30-4-80(d) of the 1976 Code, relating to the notice of a meeting of a public bod |