This issue of the Legislative Update covers final legislative action of the General Assembly for the session that ended in June. It does not cover all legislation passed, but features those bills most significantly affecting the practice of law in the areas listed. This report is intended to provide a brief synopsis of each piece of legislation. 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 Angie Kohel, 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 firstname.lastname@example.org. There will be a charge for any requests exceeding 30 pages ($.10 per page).
General Assembly and South Carolina Code of Laws
Commercial Fertilizer Inspection Tax Increased. Act 107 (R136, H3578) amends § 46-25-20, relating to definitions in regard to fertilizer regulations, to revise the definition of “soil amendment;” amends § 46-25-30, relating to analysis of plant nutrients, to permit the state Crop Pest Commission to require proof of claims made for fertilizer; and to amend section 46-25-810, relating to an inspection tax and tonnage reports in regard to commercial fertilizer, to increase the inspection tax and further provide for the tonnage report on fertilizer sold, and for certain actions which will be taken if the required taxes and reports are not made. Effective 06/01/05.
Crop Pest Commission. Act 39 (R42, H3579) amends § 46-9-90 to clarify those persons to whom certain penalties may apply for violating state Crop Pest Commission enforcement provisions. Adds § 46-33-100 to provide that any person subject to tree and plant shipment provisions of law or other provisions under the jurisdiction of the Commission may be issued a stop sale, use, and distribution order under certain conditions, and to provide for the manner in which the order may be appealed. Effective 04/15/05.
Drought and Curtailment of Nonessential Water Uses. Act 99 (R126, H3235) amends § 49-23-70 to include agricultural operations for food production as essential water use exempt from mandatory curtailment of nonessential water uses during severe or extreme drought, to provide for certain priorities in the essential and nonessential water use categories, and to authorize the Department of Agriculture to specify other terms necessary to implement this section. Effective 06/01/05.
Grain Dealers Guaranty Fund. Act 100 (R127, H3240) amends § 46-40-90, relating to assessments and use of monies in the Grain Dealers Guaranty Fund, to provide that when all monies received from the Insurance Reserve Fund and the state General Fund by the Grain Dealers Guaranty Fund have been repaid, the rate of assessment shall drop from two cents a bushel to one cent a bushel, and to create a committee to study the Grain Dealers and Grain Producers Guaranty Funds. Effective 06/01/05.
Pesticide Registration Fees. Act 91 (R105, H3577) amends § 46-13-45 to increase the annual basic pesticide registration fee and to provide that this fee may not be increased except in an Act separate from the General Appropriations Act. Further provides for the use of these funds. Effective 05/26/05.
Economic Development, Citizens, and Small Business Protection Act of 2005. Act 27 (R23, H3008) amends § 15 3 640, relating to an action based upon a defective or unsafe improvement to real property, to decrease the time an action may be brought from 13 to eight years after the substantial completion of the improvement. Amends § 15-7-30, relating to actions that must be tried where the defendant resides, to define key terms and to provide factors for the court to consider when determining the principal place of business. Amends § 15-7-100 to provide that the court may change the place of trial if it is a court in a county designated for that purpose but the designated county is not the proper county pursuant to another venue statute. Amends §15-36-10, relating to liability for attorney’s fees and costs of frivolous lawsuits, to replace the existing provisions with provisions requiring the signature of an attorney or party on all pleadings and other documents filed in a civil or administrative action, to provide a procedure for administering sanctions for a violation, and to provide for the reporting of an attorney to the Commission on Lawyer Conduct. Adds §15-38-15 to provide in an action to recover damages resulting from personal injury, wrongful death, damages to property, or to recover damages for economic loss or noneconomic loss, joint and several liability does not apply to a defendant who is less than 50 percent at fault, to provide for apportionment of percentages of fault among defendants, and to provide that the provisions of this section do not apply to a defendant whose conduct is wilful, wanton, reckless, grossly negligent, intentional, or conduct involving the use, sale, or possession of alcohol or drugs. Changes the legal rate of interest from 12 percent a year to equal the prime rate as listed in the first edition of the Wall Street Journal published for each calendar year plus four percentage points. Amends § 36 2 803, relating to personal jurisdiction based upon conduct, to remove an exception so that an action pursuant to this section would be subject to the provisions of § 15-7-100(3). Provides that it is an unlawful trade practice for an attorney to advertise his services in a false, deceptive, or misleading manner. Repeals §§ 15-36-20, 15-36-30, 15-36-40, and 15-36-50, all relating to frivolous lawsuits and § 58-23-90 relating to venue in actions against licensed motor carriers. See Act for effective date.
Family and Probate Court to Have Jurisdiction for Validity of Marriage and Paternity. Act 132 (R176, H3039) amends §20-7-420, relating to exclusive jurisdiction of the family court, to delete exclusive jurisdiction to hear and determine actions as to the validity of marriages and the paternity of an individual and provide for concurrent jurisdiction of the probate court with that of the family court to hear and determine certain matters in connection with actions pending before the probate court. Also amends § 62-1-302, relating to subject matter jurisdiction in the probate court, to provide for concurrent jurisdiction with that of the family court to hear and determine matters of paternity, common law marriage, and interpretation of marital agreements in connection with certain actions pending before the probate court. Effective 06/03/05.
Tort Reform Act of 2005. Act 144 (R189, H3778) amends §15-32-220, relating to limitations on noneconomic damages in medical malpractice actions against a health care provider, to include health care institutions. Redesignates § 38-79-155 as § 38-75-775. Amends §38-75-775, relating to medical malpractice insurance coverage, to clarify that the provisions of the section apply to property and casualty insurance carriers issuing medical malpractice policies of insurance, to clarify the qualified applicant must also comply with the provisions of Chapter 75, Title 38, and to provide that the provisions of the section do not mandate that an insurance company must write medical malpractice coverage. See Act for effective date.
Criminal Domestic Violence. Act 166 (R196, H3984) makes comprehensive revisions regarding the handling of domestic violence offenses by the judicial system and law enforcement. Increases the fines and penalties for criminal domestic violence (CDV) and criminal domestic violence of a high and aggravated nature (CDVHAN) and for subsequent convictions. Adds a mandatory minimum sentence of one year to the existing maximum penalty and requires magistrates, municipal court judges, family court judges, and circuit court judges to receive continuing legal education on issues concerning domestic violence. Provides additional factors the court may consider when determining whether to release a person on bond who has been charged with a violent offense when the victim is a household member under certain conditions. Requires a person to agree in writing to successfully complete a batterer’s treatment program if the offense is first offense CDV. Amends § 20 4 40, relating to a petition for an order of protection, to provide a pending motion or petition for relief shall not be dismissed solely because the underlying action is dismissed; by adding § 20-4-65 to provide that a person seeking an order of protection from domestic abuse is not required to pay a filing fee. Amends § 20-4-80, relating to mailing or service of a certified copy of an order, to qualify that it is a certified copy of an order of protection. Amends § 20 4 140, relating to orders of protection, to require law enforcement to forward a certified copy of the order within 24 hours to the Federal Bureau of Investigation. Provides for an individualized hearing and notice to the victim when a person is charged with a criminal domestic violence offense. Amends § 22-5-910 to provide that a first CDV offense may be expunged after five years rather than three years from the date of conviction. Amends § 23-6-440 to provide for revocation of a law enforcement certification if the person is convicted of a criminal domestic violence offense. Amends § 56-7-15, relating to the use of the uniform traffic ticket, to provide that an officer shall immediately complete and file an incident report after arresting a person for a CDV offense; and to create a study committee to study CDV issues and to make recommendations to the General Assembly by February 15, 2006. Effective 01/01/05.
Criminal Sexual Conduct Penalties. Act 94 (R111, S47) amends § 16-3-655 to provide that a conviction of criminal sexual conduct in the first degree with certain minors carries a minimum term of imprisonment of 10 years, no part of which may be suspended or probation granted, and adds that a person is guilty of criminal sexual conduct in the first degree if the person engages in sexual battery with a victim who is less than 16 years of age and the person has a previous conviction for which he is required to be registered on the Sex Offender Registry. Adds § 23-3-465 to provide that a person required to be registered on the Sex Offender Registry is prohibited from living in campus student housing at a public institution of higher learning in this state. Effective 06/01/05.
Include Manufacturing Methamphetamine as a Violent Crime. Act 127 (R160, S16) amends §16-1-60, relating to violent crimes, to include the offense of manufacturing or trafficking in methamphetamine as a violent crime. Amends § 44-53-110, relating to definitions for purposes of narcotics and controlled substances. Amends § 44-53-365, relating to theft of controlled substances, to include theft of precursor substances. Amends § 44-53-370 to provide for the offense of possession of cocaine and to provide penalties. Amends § 44-53-375, relating to the possession, distribution, manufacture, and trafficking of ice, crank, and crack cocaine, to instead relate to the possession, distribution, manufacture, and trafficking of methamphetamine or cocaine base, make possession of equipment used in the manufacture of methamphetamine prima facie evidence of the intent to manufacture, and to provide penalties and exceptions. Amends §44-53-470, relating to second or subsequent offenses for purposes of controlled substance offenses, to provide procedures for classifying a controlled substance offense as a second or subsequent offense. Amends § 44-53-420, relating to attempt and conspiracy for purposes of controlled substance offenses, to provide for the offense of attempt to possess a controlled substance and to provide a penalty. Adds §12-6-3582 to provide income tax credits for farmers who comply with the agriculture use of anhydrous ammonia. Effective 06/07/05.
Inmate Labor. Act 183 (R61, S719) is a joint resolution that provides that the Department of Corrections may utilize inmate labor until July 1, 2007, during the construction or renovation, or both, of a food service facility at the Stevenson Correctional Institution and the relocation of a housing unit from the former Greenwood Work Release Facility to the Stevenson Correctional Institution. Effective 05/09/05.
Mary Lynn's Law. Act 106 (R135, H3543) enacts “Mary Lynn’s Law” to limit defendant participation in diversionary programs such as mental health court and drug court; provides exceptions. Creates a task force to examine and design statewide standards for the operation of mental health courts. Makes numerous revisions with regard to victim notification and victim impact statements and makes substantive changes to the criminal offenses of stalking and harassment. Creates the offenses of harassment in the first and second degrees, as well as redefining the offense of stalking; establishes penalties; provides exceptions. Authorizes a law enforcement officer or another person with knowledge of the circumstances to sign a warrant in the place of the victim for a person alleged to have committed a harassment or stalking offense and provides for mental health evaluations for defendants charged. Requires the court to have available at the hearing all incident reports generated as a result of the offense charged and a copy of the defendant's criminal record. Authorizes magistrate's court to assess a filing fee against the nonprevailing party in an action for a restraining order; establishes contempt of court penalty for failure to pay this filing fee. Provides that a restraining order remains in effect for a fixed period of time of not less than one year, as determined by the court on a case-by-case basis, and that a restraining order issued by a court must not contain the social security number of a party to the order and must contain as little identifying information as necessary of the party it seeks to protect. See Act for effective date.
Unlawful to Record in Theater Without Consent. Act 64 (R75, S20) adds § 16-11-911, providing that it is unlawful to knowingly and wilfully operate an audiovisual recording device in a motion picture theater with the intent to record a motion picture without consent from the theater owner. Also amends § 16-11-920, relating to establish appropriate penalties. Effective 05/23/05.
Legislature to Regulate the Sale of Alcoholic Liquor. Act 19 (R8, S19) ratifies an amendment to Sec. 1, Article VIII A of the Constitution of South Carolina, 1895, to eliminate mandatory use of minibottles and to provide for the sale of alcoholic liquors and beverages in containers of such size as the General Assembly considers appropriate. Effective 03/17/05.
Same Sex Marriage Bill. Act 45 (R51, H3133) is a joint resolution proposing an amendment to Article XVII of the Constitution of South Carolina, 1895, to provide that marriage between one man and one woman is the only lawful domestic union that is valid or recognized in this state. Further provides that the state or its political subdivisions may not create any other domestic union and may not recognize a domestic union created by another jurisdiction. Effective 04/28/05.
Procedure for Consumer Affairs to Request Hearing by Administrative Law Court. Act 128 (R161, S95) amends § 16-17-445 establish procedures whereby the Department of Consumer Affairs can request a hearing and other relief (such as imposition of fines and compelling compliance to subpoenas) before the Administrative Law Court. Provides for judicial review of the Administrative Law Court’s order as provided in the rules governing practice before the Administrative Law Court. Areas affected by this legislation include but are not limited to: regulation of unsolicited consumer phone calls; loan brokers; prepaid legal services; pawnbrokers; regulation of mortgage loan brokers; regulation of staff leasing services; enforcement of motor vehicle express warranties; and regulation of continuing care retirement communities. See Act for effective date.
State Grand Jury Jurisdiction - Environmental Offenses. Act 75 (R76, S22) amends § 14-7-1610, relating to the legislative intent of Article 15, Chapter 7, Title 14, to provide that there is a need to enhance the Grand Jury System to improve the ability of the state to detect and investigate wilful crimes which result in substantial harm to the environment and to provide that the DHEC must play a substantial role in the investigation of any such alleged environmental offense, including determining if such an environmental offense has occurred and certifying that the amount of anticipated damages are two million dollars or more. Amends § 14-7-1630, relating to the jurisdiction of the State Grand Jury, to extend the subject matter jurisdiction of the State Grand Jury to include wilful crimes, which result in substantial harm to the environment, and to provide that the DHEC must certify that the amount of anticipated damages are two million dollars or more and must make a formal written recommendation to the attorney general and the chief of the South Carolina Law Enforcement Division in consideration of the need to impanel a State Grand Jury. Effective 05/24/05.
Central Registry for Child Abuse and Neglect. Act 79 (R93, S85) amends § 20-7-650, to provide that placement of a person’s name on the Central Registry For Child Abuse And Neglect cannot be waived by any party or by the court and to clarify the circumstances under which a perpetrator of corporal punishment must be placed on the central registry. Provides that if determination of a person’s history of child abuse or neglect is a condition for employment or volunteer service or for issuance of a license or registration, the person must be screened against the Central Registry before employment or volunteer service, or before issuance of the license or registration, and upon renewal of the facility license or registration. Effective 05/26/05.
Criminal Sexual Conduct - Grounds for Termination of Parental Rights. Act 168 (R165, S227) amends § 20-7-1695 to provide that consent or relinquishment is not required of the biological parent of a child conceived as a result of that parent’s criminal sexual conduct or incest. Also provides that conception of a child as a result of criminal sexual conduct is a ground for termination of parental rights, except in the case of consensual sexual conduct. Effective 06/07/05.
DSS to Use the National Medical Support Notice When Requiring Parent to Provide Health Insurance in Child Support Cases. Act 72 (R89, H3424) amends § 20-7-1220, relating to the court requiring a parent to provide health insurance coverage for a child, to provide that in child support cases enforced by the DSS, the Division must use the National Medical Support Notice promulgated by federal law. Effective 05/23/05.
Procedures for Withholding Wages in Child Support Cases. Act 121 (R147, H3614) amends § 20-7-1315 to make technical changes to procedures for withholding wages to secure payment of support obligations, including collection and disbursement of the withheld wages. Amends § 20-7-1440, relating to family court fees, costs, and allowances, including the five percent additional fee added to child support payments for court costs, to provide that the payor of this additional five percent agrees, by paying through the court or a centralized system, that this payment is for satisfaction of court costs, agrees that it is not child support as defined in federal law, and agrees to the distribution of this payment to the state for court costs. See Act for effective date.
Exemption from Completing the Free Application for Federal Student Aid. Act 48 (R54, H3392) amends § 59-150-360 to provide that if a student believes that he will definitely not qualify for federal financial aid, the student may complete a simple form of minimum questions to definitely determine whether he will not qualify, and if so, be exempted from completing the free application for federal student aid. Effective 05/03/05.
Financial Literacy Act of 2005. Act 38 (R40, H3020) designates §§ 59-29-10 through 59-29-220 as Article 1, General Provisions, of Chapter 29, Title 59. Adds Article 3 to Chapter 29, Title 59, enacting the Financial Literacy Instruction Act of 2005, to provide for the development or adoption of a curriculum for local school boards to teach financial literacy. Provides for the establishment of a fund to receive public and private contributions for financial literacy instruction. Effective 04/15/05.
Governor's School for Arts and Humanity. Act 84 (R98, S362) amends Chapter 50, Title 59, relating to the South Carolina Governor’s School for the Arts and Humanities, to provide standards the faculty must meet to teach at the school; to provide for the composition of the Board of Directors of the school; to provide that out of state or international exchange students shall pay tuition as determined by the school; to change the chief executive officer from the executive director to the president, exempt the president from the State Employee Grievance Procedure Act and provide that the vice presidents serve at the will of the president. Provides that the Board shall adopt policies and promulgate regulations necessary for the operation and management of the school. Effective 05/26/05.
Medical School Debt Forgiveness for Geriatrics or Geropsychiatry. Act 165 (R209, H3741) adds § 43-21-200 to establish within the Division of Aging the State Loan Repayment Program, to reimburse the student loan payments of physicians completing fellowships in geriatrics or geropsychiatry, who contract to practice in this state for no fewer than five consecutive years. Establishes additional eligibility qualifications, establishes the Physician Advisory Board to assist the Division in reviewing applications and provides for its membership, powers and duties. Limits the number of participating physicians subject to available funding and caps amounts that may be reimbursed. Provides a penalty for failure to complete the program contract and provides that the General Assembly shall appropriate funds for the program in the annual General Appropriations Act. Became law without the governor’s signature. Effective 06/14/05.
Palmetto Fellows Scholarship Program. Act 162 (R195, H3906) amends § 59-104-20 to provide that the scholarship is available to certain eligible resident students, to define certain terms, and to provide the criteria the students must meet to receive the scholarship. Amends § 2-77-15, relating to definitions in the South Carolina Higher Education Excellence Enhancement Program, to revise the definition of eligible institution. Amends § 59-149-10, relating to life scholarships, to revise the definition of public or independent institution. Amends § 59-149-50, relating to Life Scholarships, to provide that a student whose parent or guardian has served in or has retired from one of the United States Armed Forces within the last four years and has met certain other requirements is eligible for in state tuition and fees and to provide that the cumulative grade point average calculation must include the student’s grade point average at all public or independent institutions attended by the student. See Act for effective date.
Public Institutions of Higher Learning. Act 143 (R186, H3673) adds Article 2 to Chapter 101 of Title 59, relating to institutions of higher learning, to provide that these institutions may spend federal and other nonstate appropriated sources of revenue to provide lump sum bonuses, to provide that these institutions may offer educational fee waivers to no more than four percent of the total student body, to provide that these institutions may establish research grant positions funded by certain grants, and to provide the conditions for the establishment of these positions. Provides that these institutions may offer and fund, from certain sources of revenue, health insurance to full time graduate assistants, that the boards of trustees of these institutions are vested with certain powers of eminent domain, and that these institutions may negotiate for an annual audit and quality review process with certain reputable certified public accountant firms. Provides for the manner, procedures, and percentages under which funds appropriated from the Education Lottery Account must be used. Amends § 2-47-50 to define permanent improvement projects in regard to institutions of higher learning. Repeals Article 3, Chapter 101, Title 59, relating to higher education regulatory, procedural, and financial matters; and repeals §59-53-425 relating to authorization to establish a certain four year culinary arts program. Effective 06/07/05.
Scholarship Assistance for Visual or Hearing Impaired Students. Act 95 (R114, S204) adds § 59-150-375 to provide that certain visual or hearing impaired or multi handicapped students may receive state scholarship funds to attend certain out of state institutions. Effective 06/01/05.
School District Policy Authorizing Self-Administered Asthma Medication. Act 81 (R95, S144) adds §§ 59-63-80 and 59-63-90 to require each school district to adopt a policy requiring a student with special health care needs to have an individual health care plan; to provide for the elements of the policy, including the required provision of certain medical information by a parent. The State Department of Education (Department) is required to develop guidelines for required components of a written student individual health care plan and a notice to be sent by each school district to all parents or guardians notifying them of certain available services and rights; provides definitions. Amends § 15-78-60, to provide immunity from liability for districts and their employees. Effective 05/26/05.
South Carolina Education and Economic Development Act. Act 88 (R102, H3155) adds Chapter 59 to Title 59 to enact the Act, providing for the development of a curriculum organized around a career cluster system that must provide students with both strong academics and real world problem solving skills. Amends § 59-17-135, relating to character education, to further provide for the traits which must be incorporated into school board policies addressing character education; amends § 59-18-900 to expand the content of school report cards to include dropout reduction data; and repeals Act 450 of 1994 and § 59-52-95 relating to the South Carolina School to Work Transition Act of 1994. Effective 05/27/05.
South Carolina State University Academic and Administrative Facilities Bond Act. Act 44 (R48, S483) adds Article 4 to Chapter 127, Title 59, enacting the “South Carolina State University Academic and Administrative Facilities Bond Act,” which prescribes the manner in which, and condition under which, South Carolina State University may issue certain revenue bonds for the acquisition of academic and administrative buildings and to define certain terms. Effective 05/03/05.
Students’ Health and Fitness Act of 2005. Act 102 (R129, H3499) adds Chapter 10 to Title 59 to establish physical education, school health services, and nutritional standards in elementary schools. Provides for the amount of physical education instruction a student in kindergarten through fifth grade must receive each week on a phased in basis; provides for a certain physical education teacher to student ratio on a phased in basis. Provides for a measure of effectiveness of the physical education program in all public schools, for a physical education activity director and for the appropriation of funds for licensed nurses for elementary public schools. Provides certain nutritional standards for elementary schools, for a coordinated school health model and an assessment program for school health education programs and for the minimum amount of time elementary school students must have to eat lunch. Establishes a district and an elementary school level coordinated School Health Advisory Council and provides its powers and duties and provides that implementation is contingent upon the appropriation of funding. Effective 06/01/05.
USC Athletic Facilities Bonds. Act 182 (R45, S320) amends Act 518 of 1980, relating to the University of South Carolina athletic facilities revenue bonds, to raise the outstanding debt limit for these bonds from 40 million to 60 million dollars. Effective 05/03/05.
Vocational Education. Act 49 (R55, H3413) amends numerous sections of Title 59 and Article 21, Chapter 53, all relating to vocational education, to change references from “vocational education,”“vocational training,”“vocational programs,” and others to “career and technology education,”“career and technology training,”“career and technology programs”; to make other corresponding changes; to further provide for procedures regarding the expenditure of certain funding; and to make technical corrections. Effective 05/03/05.
State Election Commission to Adopt One Voting System. Act 63 (R72, H3347) adds § 7-13-1655 to provide that the State Election Commission shall approve and adopt one voting system, or multiple voting systems if it does not approve and adopt one voting system, to be used to conduct elections in this state. Provides definitions and provides the duties and responsibilities of the Commission regarding the voting system adopted. Amends § 7-13-1320, relating to the procurement and use of vote recorders, to authorize the use of an “optical scan voting system” instead of “vote recorders” for use in absentee precincts. Amends §§ 7-13-1330 and 7-13-1620 to change references to an “optical scan voting system” and delete references to a system being approved by an independent testing authority and to provide a procedure for reporting decertification by a vender who has been approved or is seeking approval when he has committed ethical or technical violations in another state. Repeals § 7-13-1310 relating to the use of vote recorders and § 7-13-1660 relating to the acquisition and use of approved voting machines by a county or municipality. Effective 05/16/05.
Unlawful to Vandalize Campaign Signs. Act 116 (R139, S347) adds § 7 25 210 to make it a crime to deface, vandalize, tamper with, or remove a lawfully placed political campaign sign prior to the election. Provides an exemption and establishes a penalty for violation. Signed by the governor. Effective 06/03/05.
Chesterfield County Board of Elections and Registration. Act 192 (R7, H3371) amends Act 587 of 1994 to give the Chesterfield County Legislative Delegation the sole appointive powers for members of the Chesterfield County Board of Elections and Registration instead of being appointed by the governor upon recommendation of the Chesterfield County Legislative Delegation. Effective 02/16/05.
Horry County - Voting Precincts Revised and Renamed. Act 126 (R157, H4096) amends §7-7-320, relating to the designation of voting precincts in Horry County. Revises and renames certain voting precincts of Horry County and redesignates a map number for the map on which lines of these precincts are delineated and maintained by the Office of Research and Statistics of the State Budget and Control Board. Corrects archaic references. Effective 06/03/05.
Registration and Elections Commission of Chester County. Act 190 (R62, S764) establishes the Registration and Elections Commission of Chester County (Commission), abolishes the Election Commission and the Registration Board for Chester County and devolves the powers and duties of the Election Commission and the Registration Board upon the Commission. Provides that the current members of the Chester County Election Commission and the Chester County Registration Board shall act as the governing commission of the new Chester County Registration and Elections Commission until the members of the new Commission are appointed, at which time the terms of the members of the Election Commission and Registration Board shall expire. Effective 10/01/05.
Aquatic Life Protection Act. Act 25 (R14, S326) amends § 48-1-87 to further provide for the manner in which, and conditions under which, the Department of Health and Environmental Control (DHEC) may impose NPDES permit limitations for whole effluent toxicity where DHEC determines a discharge causes, or has the reasonable potential to cause or contribute, to a violation of water quality standards. Amends Act 258 of 2004 to further provide the circumstances when the provisions of this Act do not apply. Effective 03/22/05.
Department of Health and Environmental Control. Act 105 (R132, H3827) amends § 48-39-210, relating to the authority of the Department of Health and Environmental Control to permit or deny alteration or utilization within areas designated as critical areas, to provide that a critical area line established by the Department on a survey, meeting certain requirements, expires after five years, rather than three years; to provide an exception to the five-year critical area line validity for eroding coastal saltwater stream banks where the line is expected to move due to the meandering of the stream before the five year expiration period; and to delete the provision that a critical area delineation referenced in a permit issued by the department is valid for the term of the permit. Effective 06/01/05.
Fee Increased for Commercial Fur License. Act 82 (R96, S289) increases the commercial fur license fees and amends § 50-11-2460, relating to the trapping of furbearers, to further provide for the types of traps which may be used. Amends § 50-11-2475 to further provide for those persons who are required to obtain a fur processor’s license and for those who are not amends § 50-11-2490 to further provide for those persons required to keep a daily register and the contents of the register. Amends § 50-11-2510, relating to the tagging of bobcat and otter furs, pelts, and hides and the issuance and fees for those tags, to revise those persons required to have such a tag and the fees and procedures for those tags and amends § 50-11-2515, relating to the unlawful trafficking in furs or furbearing animals, to further provide for the elements of this offense. Revises the length of the commercial trapping season for furbearing animals and amends § 50-11-2560, relating to the penalties for violating the provisions of certain fur and furbearing provisions of law, to further provide for those provisions to which these penalties apply; amends § 50-11-2610, relating to fox and coyote hunting enclosure permits, to revise the permit year; and repeals § 50-11-2500 relating to permits to hold furs beyond the end of the regular season for taking fur bearing animals. Effective 05/26/05.
Hunting and Fishing Lifetime License. Act 83 (R97, S291) amends § 50-9-510, relating to licenses authorized for sale by the Department of Natural Resources, to revise the age and fee requirements for a statewide lifetime hunting and fishing license. Effective 05/26/05.
Jug Permit. Act 90 (R104, H3393) amends § 50-13-1135, relating to commercial or noncommercial fishing licenses required for taking nongame fish in freshwaters with certain fishing devices, to provide that a jug permit is not required for residents assisting jug permit holders. Effective 05/26/05.
Releasing Nondomestic Pigs. Act 13 (R433 of 2004, H4996) adds § 50-16-25 to provide that with specific exceptions, it is unlawful to release a member of the suidae (pig) family for hunting purposes or in an attempt to establish or supplement a free roaming population. Effective 01/13/05.
Striped Bass. Act 86 (R100, S535) amends § 50-13-237, relating to the harvesting of striped bass and striped bass hybrids in portions of the Savannah River, to make it unlawful to possess more than two striped bass, striped bass hybrids, white bass, or any combination of these species in certain portions of the Savannah River and to provide that any lawfully possessed fish of each of these species must be a minimum of 27 inches in total length. Repeals § 50-13-120 relating to no size limits on certain fresh water fish. Effective 10/01/05.
Unlawful Taking of Wild Turkey from Watercraft. Act 65 (R78, S212) amends § 50-11-500, making it unlawful to take or attempt to take a wild turkey from a watercraft on the waters of the state. Amends § 50-11-544, deleting the requirement that all turkeys taken must be checked at an official check station on the day of the take. Amends § 50-11-555, authorizing the hunting of wild turkey on private land on Sunday, statewide. Effective 05/23/05.
Waterfowl. Act 152 (R197, H4044) adds § 50-11-32 to provide that it is unlawful to hunt waterfowl in Calhoun County on certain portions of Lake Marion within 200 yards of a residence without written permission of the owner and occupant and to provide penalties for violations. Became law without the governor’s signature. Effective 06/09/05.
Adoption and Promulgation of Building Codes and Standards. Act 28 (R24, H3026) amends § 6-9-40, relating to the adoption and promulgation of certain building codes and standards, to provide that the modifications promulgated pursuant to the provisions of this Section do not require readoption by the Building Codes Council for subsequent editions of the building codes, and to provide a procedure to reconsider existing modifications. See Act for effective date.
Charleston County School District - Charter Schools. Act 189 (R50, S655) amends Act 340 of 1967 to provide that the Charleston County School District may not deny a charter school, charter school teacher, or charter school student anything that is otherwise available to a public school, public school teacher, or public school student; to provide that the local school district of a charter school in Charleston County may not charge rent to a charter school that was converted from an existing public school; to provide that a charter school in Charleston County may apply for grants on its own; to provide that a teacher in a charter school in Charleston County may be nominated and considered as a candidate for teacher of the year; and to provide that a student at a charter school in Charleston County may receive a Laura Brown Fund Grant. Effective 05/03/05.
Chesterfield County Transportation Committee. Act 193 (R30, H3430) provides that each member of the Chesterfield County Transportation Committee shall be allowed and paid from Chesterfield County “C” Fund revenues$75 for each meeting attended upon issuance of approved vouchers by the committee’s chairman, except that the chairman may not approve vouchers in any single fiscal year for more than 15 meetings per fiscal year for each member of the Committee, and to provide that the chairman of the Chesterfield County Legislative Delegation shall be an ex officio nonvoting member of the Chesterfield County Transportation Committee, but not receive any per diem or compensation for this service. Effective 03/30/05.
Federal Defense Facilities Utilization Integrity Protection Act. Act 1 (R419 of 2004, H4482) amends Chapter 29 of Title 6 of the Code relating to local government planning by adding Article 11 enacting the Act. Provides processes and procedures requiring local planning entities and officials to consider certain matters and take certain actions in regard to development in certain areas bordering federal military installations located in South Carolina or the Overlay Zones or Air Compatible Use Zones at these installations. Effective 10/29/04.
Fidelity Bonds. Act 58 (R67, S506) adds § 4-11-65 to provide that when bonding of county officials or employees is statutorily required, the governing body of a county may purchase a fidelity bond to cover all or a portion of the county officials and employees. Specifies when a fidelity bond may be used instead of certain statutory bond requirements; requires the purchase of a fidelity bond or the replacement of an existing bond with a fidelity bond covering one or more county officials or employees to be evidenced by the passage of a resolution by the county’s governing body; and provides that the fidelity bond must meet or exceed the minimum value of the bond required by a statute for the covered officials or employees. Effective 05/16/05.
Jasper County -Clerk of Court and Register of Deeds. A140 (R170, S854) amends §30-5-10, relating to the performance of the Register of Deeds’ duties by a clerk of court in certain counties, to add Jasper County to the list of those counties which have both a Register of Deeds and a Clerk of Court. Amends § 30-5-12, relating to the appointment of a Register of Deeds, to add Jasper County to the list of counties in which the governing body appoints the Register of Deeds. Effective 06/07/05.
Municipal Incorporation Joint Legislative Committee. Act 77 (R79, S318) amends Chapter 1, Title 5, relating to municipal incorporation, to establish a joint legislative committee to review the filing of an area seeking incorporation and to recommend to the Secretary of State whether the minimum service standards for municipal incorporation are met. Defines “publicly-owned property” and “contiguous” for purposes of municipal incorporation and provides for the composition of the committee. Further provides additional requirements that a proposed municipality shall meet. See Act for effective date.
Volunteer Firefighter Job Protection Act. Act 78 (R92, S67) adds § 6 11 1460 to enact the Act prohibiting an employer from firing a volunteer firefighter or emergency services personnel who is responding in the course of performing his duties as a volunteer firefighter or emergency services personnel to an emergency declared by the president or the governor. Effective 05/26/05.
Adoption of Code of Laws. Act 180 (R27, H3379) is a joint resolution to adopt Revised Code Volumes 1 and 7 to the extent of their contents, as the only general permanent statutory law of the state as of January 1, 2005. Effective 03/22/05.
Agency Required to Report to the General Assembly Must Notify Members When the Report is Ready and Available. Act 119 (R142, H3244) adds § 2-1-230 to provide that an agency required by law to report to the General Assembly shall prepare its report and transmit its report to the Office of Legislative Printing, Information and Technology Systems (LPITS) and to the State Library and LPITS shall notify the members of the General Assembly that the report is available. Effective 06/03/05.
Appropriation Bill 2005-2006. Act 115 (R73, H3716) makes appropriations and provides revenues to meet the ordinary expenses of state government for the fiscal year beginning July 1, 2005; regulates the expenditure of such funds; and to further provide for the operation of state government during the fiscal year and for other purposes. Significant highlights include: full restoration of the General Reserve Fund ($78 million); inclusion of a proviso which states that any surplus funds will be used first to fund any negative GAAP fund balance which might occur; full restoration of 40 trust funds that were borrowed from during recent fiscal crises, and partial restoration of two; an increase of $315 million to fully fund the Education Finance Act at a base student cost of $2,290; funding of teachers' salaries at $300 above the Southeastern Average; provision of $22 million in new funding for school buses, fuel, and repairs; Medicaid growth receives $67,562,394; appropriation of $5 million to fund beach renourishment; appropriation of $11.5 million is appropriated to the Department of Social Services for the Child Support Enforcement Computer System; 10 percent pay increase for law enforcement officers; 4 percent pay increase for state employees; full funding of the health insurance plan for state employees and retirees to prevent premium increases or benefit reductions to plan participants. See Act for other provisions and for effective date.
Capital Reserve Fund. Act 179 (R74, H3717) is a joint resolution to appropriate monies from the Capital Reserve Fund for fiscal year 2004 2005. Appropriations include: $3,500,000 to repay the Insurance Reserve Fund; $11,500,000 to the Department of Social Services for Child Support Enforcement Computer System; $3,785,000 to the Judicial Department for technology upgrades; $45,000 to the Office of Appellate Defense for information technology upgrades and $886,180 to the Workers’ Compensation Commission for a computer database. See Act for effective date.
Documents Must Be in a Medium and Form as Permitted by Secretary of State. Act 101 (R128, H3410) amends §§ 33-1-200 and 33 31 120 to provide that documents must be in a medium and form as permitted by the Secretary of State. Effective 06/01/05.
General Assembly Not to Adjourn for More Than Three Days Without Consent of the Other. Act 178 (R66, S427) is a joint resolution proposing an amendment to Article III, § 9 of the Constitution of South Carolina, 1895, relating to sessions of the General Assembly to provide that after the General Assembly convenes on the second Tuesday in January of each year that the Senate and the House of Representatives may recede for a period not to exceed 30 calendar days, unless extended by a two-thirds vote. Further provides that each body may provide for meetings during the legislative session, as it considers appropriate. Also proposes to delete the section of the State Constitution, which provides that neither house, during the session of the General Assembly, shall without the consent of the other adjourn for more than three days, nor adjourn to meet in another place. Ratified and effective 05/11/05.
General Reserve Fund. Act 156 (R205, H3847) amends § 11-11-320 to revise when appropriations from the Capital Reserve Fund take effect. Provides that beginning July 1, 2005, surplus General Fund revenues for any fiscal year not otherwise obligated and appropriations to the Capital Reserve Fund are deemed to have occurred and are available for expenditure after September first of the next fiscal year and after the state’s financial books for the previous fiscal year have been closed. Provides that, as of July 1, 2006, if the Comptroller General determines upon the closing of the state’s financial books for a fiscal year that the state has a negative generally accepted accounting principles fund balance (GAAP Fund deficit), any appropriations contained in a general or supplemental appropriations act which expend surplus general fund revenues or in a capital reserve fund appropriations Act to be effective during the next fiscal year are suspended and must be used to the extent necessary to offset the GAAP Fund deficit in the manner the General Assembly shall provide. Requires state entities that receive one percent or more of state general fund appropriations in any fiscal year to provide an estimate of planned general fund expenditures for the next three fiscal years, and that the estimate will be a component of that entity’s three-year financial plan which will be updated annually to assist the state in planning for its long-term commitments. Further requires that the first 10 percent of any surplus General Fund Revenues must be applied to fully restore all funds previously transferred and appropriated from any earmarked or restricted accounts in the Statewide Accounting and Reporting System, as those accounts and subfunds are delineated in the bill. See Act for effective date.
Indigent Defense Commission. Act 103 (R130, H3539) amends § 8-13-770, relating to the prohibition on members of the General Assembly serving on boards and commissions, to add the Commission on Indigent Defense to the list of exceptions. Amends Article 3, Chapter 3, Title 17, to revise the membership of the Commission on Indigent Defense; to revise the duties of the Commission, the Office of Indigent Defense, and the Executive Director of the Office of Indigent Defense; to create the Division of Appellate Defense within the Office of Indigent Defense; to transfer all duties, rights, and obligations of the former Commission and Office of Appellate Defense to the Division of Appellate Defense; and to provide specifically for the duties and operation of the Division of Appellate Defense. Repeals Chapter 4, Title 17 relating to the Commission and Office of Appellate Defense. Effective 06/01/05.
South Carolina Enterprise Information System. Act 151 (R191, H3799) is a joint resolution authorizing state agencies to establish a special account to fund nonrecurring implementation expenses of the South Carolina Enterprise Information System (SCEIS), provide for the administration and monitoring of these accounts, to provide exemptions from SCEIS implementation, oversight for the implementation process, costs and the schedule for implementation. Further provides for status reporting. Effective 06/09/05.
State Auditor. Act 164 (R206, H3905) is a comprehensive bill revising numerous provisions regarding the duties, oversight functions, and responsibilities of the state auditor. The bill deletes out-of-date language, requirements and practices and specifies more modern audit practices to be followed by the state auditor. Effective 06/10/05.
State Documents Depository System. Act 24 (R13, S319) amends Chapter 2, Title 60, by revising definitions and procedures in order to provide for the acquisition of materials in both print and electronic formats and by deleting certain obsolete references. Effective 03/22/05.
Term of Office for Solicitors. Act 20 (R9, S91) amends § 1-7-310 to provide that a Solicitor’s term of office begins at noon on the first Wednesday following the second Tuesday in January following election and ends at noon on the first Wednesday following the second Tuesday in January four years later. Effective 03/22/05.
Asbestos Abatement License and Definitions. Act 167 (R145, H3479) amends Chapter 87, Title 44, relating to the criteria for issuance of asbestos abatement licenses, to revise the definition of “asbestos abatement entity” and “asbestos project;” to delete provisions establishing licensure fees and to authorize the department to establish such fees in regulation sufficient to cover reasonable costs of administering the asbestos program and to define “costs;” and to increase the maximum civil penalty for violations from $1,000 to $10,000. Effective 06/07/05.
Brownsfield Voluntary Cleanup Program. Act 123 (R149, H3650) amends § 44-56-750, relating to the Brownfields Voluntary Cleanup Program and contract requirements entered into by or on behalf of a nonresponsible party, to provide that a nonresponsible party is not liable for third party claims and to further specify to whom this limitation of liability applies. See Act for effective date.
Childhood Lead Poisoning Prevention Control Act. Act 142 (R185, H3582) updates the Childhood Lead Poisoning Prevention and Control Act and makes technical changes to conform to Centers for Disease Control and Prevention (CDC) definitions and program standards as well as U.S. Environmental Protection Agency standards for lead-based substances. Requires a laboratory doing business in this state to notify the DHEC of the results of any blood lead analyses conducted on children under six years old and requires the report to be made to DHEC within 30 days of the analysis. Also updates the procedures for the issuance and execution of an administrative warrant to investigate a property involving a lead poisoning case to be consistent with the way DHEC handles investigations in other areas. Provides that, in addition to a penalty imposed by a magistrate for a misdemeanor violation, anyone who violates a provision of this article or a final determination or order of DHEC is subject to a civil penalty not to exceed $1,000 dollars. The provisions of this legislation are contingent upon the appropriation of state general funds or the availability of financial support from other sources to support the program. The CDC currently provides funding for most of DHEC’s lead poisoning prevention efforts. Effective 06/07/05.
Emergency Admissions to Mental Health Facilities. Act 120 (R144, H3412) contains numerous provisions relating to mental health treatment and protective custody. Provides for the dismissal of petitions for commitment under certain circumstances. Amends § 44-17-430, relating to taking persons who are believed to be a danger to themselves or others into custody, to provide that an order authorizing such custody is valid only for 72 hours; establishes procedures for a law enforcement officer to take a person the officer believes to be mentally ill or chemically dependent into protective custody; provides immunity from liability. Provides conditions under which persons may be transported beyond the law enforcement officer’s jurisdiction. Clarifies procedures for judicial commitment to a mental health facility and authorizes the court to order out patient treatment following in patient commitment. Provides for the psychiatric evaluation of committed children and for the notice that must be given to a victim of a child ordered to a mental health facility for evaluation when the child is transferred to or discharged from the facility. Clarifies that if a court issues an order to take a person in need of such alcohol and drug treatment into protective custody, the order is valid only for 72 hours. Effective 06/03/05.
Lewis Blackman Hospital Patient Protection Act. Act 146 (R151, H3832) adds Article 27, Chapter 7, Title 44, enacting the Act. Requires all hospital clinical staff and trainees to wear badges containing certain identifying information; requires certain information to be provided by hospitals to patients prior to or upon admission concerning the patient’s hospital care and roles and responsibilities of hospital physicians and staff relating to that care. Requires nurses to place a call for or to assist patients in calling their attending physicians; requires hospitals to provide a continuous mechanism for prompt access to and resolution of the patient’s personal medical care concerns; provides exceptions for hospitals owned or operated by the Department of Mental Health and that this Act does not create a civil cause of action. Provides that the DHEC shall administer and enforce this Article. Effective 06/08/05.
Ophthalmic Lenses. Act 160 (R180, H3250) adds Chapter 25 to Title 37 to provide for limitations on the dispensing of an ophthalmic contact lens or lenses without a valid unexpired prescription from a licensed dispenser, to provide minimum requirements for the issuance of a prescription, to provide for a 12 month limit on a prescription for contact lens without power, and to provide for a civil penalty for a violation and enforcement by the Department of Consumer Affairs. Effective 06/14/05.
Transfers of Original Prescription Information Between Pharmacies. Act 18 (R4, H3226) amends § 40-43-86 to delete the provision containing procedures for dispensing restricted drugs and the reference to in state pharmacies, and adds a provision that all remaining refills on an original prescription, rather than only one refill, may be transferred to and dispensed by the receiving pharmacy. Effective 02/15/05.
Health Coverage for Alcohol and Substance Abuse, Mental Illness. Act 76 (R77, S49) adds § 38-71-290 to require health insurance plans to provide coverage for treatment of mental illness. Allows a plan that does not provide for management of care or the same degree of management of care for all health conditions, to provide coverage for mental health treatment through a managed care organization. Establishes treatment conditions to qualify for coverage, requires the Department of Insurance to report to the General Assembly on the impact of this Act on health insurance costs, and provides exceptions. Became law without the governor’s signature. See Act for effective date.
Minimum Nonforfeiture Amounts for Individual Deferred Annuities. Act 43 (R47, S458) adds § 38-69-245, providing for minimum nonforfeiture amounts for individual deferred annuities. Amends § 38-69-240, to change the time of applicability on contracts issued after June 30, 2007. Amends § 2 of Act 313 of 2002, relating to temporary provisions relating to minimum values of any paid up annuity, cash surrender, or death benefits available under certain annuities, to change the date of applicability from 2005 to 2007 to these contracts and provide that contracts entered into after the effective date of this Act and before July 1, 2007, may apply, at the insurer’s option, the minimum values as provided in this Act on certain annuities on a contract form by contract form basis; and repeals Article 5, Chapter 77, Title 38, effective January 1, 2010, instead of January 1, 2006. Effective 05/03/05.
Catapulting Amusement Ride. Act 60 (R69, S803) amends § 41 18 10, to define “catapulting amusement ride.” Adds § 41-18-160, establishing criteria for obtaining a permit from the LLR for the operation of a catapulting amusement ride. Amends § 52-19-20, relating to the definition of “bungee jumping,” to delete references to the cord used in bungee jumping being made of wire rope, cable, or springs or other device similar in design or use. Amends § 52-19-50, relating to definition of terms used in connection with permitting and regulating bungee jumping, revising the definition of “bungee catapulting,” to conform this definition to the definition of “bungee catapulting” as provided for in § 41-18-10. Effective 05/18/05.
Domestic Abuse Related Job Loss. Act 50 (R56, H3682) authorizes benefits for individuals unemployed as a direct result of domestic abuse. Amends § 41 31 125, relating to the assignment of the employment benefit record of an employment unit in a business acquisition or reorganization with continuity of control for purposes of the South Carolina employment security law, to require a violation to be knowing rather than wilful and to define “knowingly” and “knowing” and to require the South Carolina Employment Security Commission to establish procedures to identify the transfer of a business. Provides that a worker is ineligible for benefits if he refuses to take a drug test or tests positive during a drug test for certain substances. Provides the requirements for drug testing and allows information received by an employer in a drug testing program to be received in evidence in a proceeding determining eligibility for unemployment compensation. Amends § 41 35 130, relating to unemployment payments not chargeable to a former employer, to provide that benefits paid in connection with a domestic abuse related job loss must not be charged to the account of a contributing employer. Effective 05/03/05.
South Carolina Rider Safety Act. Act 30 (R26, H3130) adds Article 3, Chapter 18, Title 41, which requires riders of amusement and carnival devices to comply with certain safety requirements and to report injuries in a timely manner. Requires owners of such devices to post signs relating to rider safety and establishes a misdemeanor penalty for violations of this Article. Designates §§ 41-18-10 through 41-18-150 as Article 1, Chapter 18, Title 41, and names that Article “general provisions.” Effective 01/01/06.
Application to Purchase a Pistol. Act 169 (R168, S654) amends § 23-31-140 to delete the provision that requires a person to complete an application when purchasing a pistol. Makes technical changes. Amends § 23-31-150, deleting the provisions that require a record to be made of every pistol sold on a firearm transaction record form, that require a dealer to make available for inspection by the state law enforcement division all records required to be maintained, and that penalizes a licensed dealer for giving false information on an application for purchase or transfer of a firearm. Effective 06/07/05.
Concealable Weapons Permits. Act 154 (R201, S659) amends § 23-31-215, relating to the issuance of concealable weapons permits, to revise the procedures to renew a concealable weapons permit. And amends Chapter 31, Title 23, relating to firearms, by adding Article 8 to provide certain definitions, to provide that an agency or department must issue an identification card to a person who retired from that agency or department who is a qualified retired law enforcement officer, to allow these retired officers to carry a concealed weapon under certain circumstances, to provide that an agency or department that does not comply with this provision of this section is not eligible to receive certain grants and is not entitled to send individuals for training and education at the State Criminal Justice Academy, to provide that a reasonable fee may be charged for the issuance of the identification card and that an agency or department must provide the retired officer the opportunity to qualify to carry a firearm. Effective 06/10/05.
Corrections Officer Candidates Allowed to Hold a Driver's License Issued by any Jurisdiction of the U.S. Act 118 (R141, S610) amends § 23-6-440, relating to the issuance of certificates that indicate that a person has completed successfully certain law enforcement training, to substitute the term “state driver’s license” for the term “South Carolina driver’s license,” to delete the provision that allows candidates for certification as Class II SCO (Department of Corrections) in any county with a prison system that borders another state to hold a driver’s license issued by any jurisdiction of the United States, and to replace it with a provision that allows candidates for certification as state or local correctional officers to hold a driver’s license issued by any jurisdiction of the United States. Effective 06/03/05.
Fireworks Prohibited Zones. Act 6 (R356 of 2004, H3409) adds § 23-35-175 to provide a process for establishing Fireworks Prohibited Zones within counties and municipalities. Amends § 15-78-60, relating to exceptions to the waiver of immunity under the South Carolina Tort Claims Act, to exempt local governing bodies from liability for loss from granting or denying an application for extending a Fireworks Prohibited Zone. Effective 01/13/05.
Hotels Without Sprinkler Systems Must Post Notice. Act 148 (R166, S348) amends § 45-2-70, relating to the posting of rules in lodging establishments, to require the posting of a notice required by § 45-5-80. Adds § 45-5-80 to provide that all lodging establishments not required to have a fire sprinkler system must post a notice in a conspicuous place at or near the guest registration desk and provide a penalty. Effective 06/09/05.
Modular Home Standards; Sales Tax Exemption. Act 12 (R427 of 2004, H4735) adds § 23-43-85 to provide appearance, construction, and foundation standards for a modular home certified for placement in South Carolina and to provide for a variance. Amends § 12-36-2120, relating to exemptions from South Carolina state sales tax, to provide an exemption for 50 percentof the gross proceeds of the sale of a modular home and to define “gross proceeds of sale” for this purpose. Amends § 12-36-2110, relating to the maximum sales tax, to exclude modular homes regulated in Chapter 43 of Title 23. Amends § 56-19-510, relating to retirement of a certificate of title for a manufactured home affixed to real property, to provide for written evidence of compliance with building and safety codes. Effective 01/13/05.
Sex Offender Registry. Act 141 (R182, H3328) makes various revisions with regard to the Registry. Under this bill, the list of convictions that render a person a “sex offender” are expanded and SLED must cross-reference alias names in the registry. Current law provides that a sex offender must register with the sheriff of the county in which the offender intends to reside within 24 hours of release; this bill changes the requirement to one business day. Requires an offender's photograph to be provided to SLED before the offender is released from prison. Currently, convicted sex offenders are only required to register in the county where the offender resides. The bill expands the requirement to the sheriff of the county or counties where the offender owns real property, attends any public or private school, including but not limited to, a secondary school, adult education school, college or university, and any vocational, technical, or occupational school. The bill requires the sheriff in the county in which the offender resides, owns real property, or attends any public or private educational school to notify all local law enforcement agencies within five days. The bill requires that certain offenders placed on parole, probation, or under community supervision must be placed on electronic monitoring. Under the bill, a person who intentionally removes, tampers with, defaces, alters, damages, or destroys an electronic monitoring device is guilty of felony. The bills also makes it a felony for a person to knowingly and willfully protect, harbor, or conceal an offender who the person knows is not in compliance with the sex offender registry. The bill provides that a real estate brokerage and its affiliated licensees is immune from liability for any act or omission related to disclosure if the certain information is disclosed in writing to clients and customers written notice that they may obtain information about the sex offender registry and person registered with the registry by contacting the county sheriff. The notice may be included as part of a listing agreement, buyer representation agreement, or sales agreement. See Act for effective date.
Discharge Certificate (DD Form 214). Act 46 (R52, H3257) adds § 30-15-15, providing that a person retired or discharged from the armed services of the United States, who has filed his release or discharge certificate, now known as DD Form 214, with the clerk of court of any county of this state for safekeeping or other purposes, may invalidate this filing and remove it from the public records pursuant to specified procedures. Effective 05/03/05.
Military Corporations Make-Up, Purposes, Programs and Funding. Act 37 (R38, S216) amends § 25-1-120 to further provide for the makeup of military corporations and for the purposes, programs, and funding of these corporations. Effective 04/15/05.
War Roster of Military Who Served in Certain Wars. Act 96 (R116, S321) amends Chapter 11, Title 25, by adding § 25-11-90 to provide for a roster, prepared and distributed by the Division of Veterans Affairs, which would include the name and principal items of record of specified persons who served on active duty during certain operations or conflicts and by repealing § 73, Part II of Act 164 of 1993, relating to publication and distribution of other military rosters. Effective 06/01/05.
Commercial Driver's License Revisions. Act 42 (R46, S406) changes numerous sections of Title 56 to provide that the Department of Motor Vehicles shall administer the South Carolina Commercial Driver’s License Program in accordance with the Federal Motor Carrier Safety Regulations. Provisions relate to: issuance of commercial and special licenses or permits, revision of definitions, operation of vehicles under out-of-service orders, administration of commercial drivers’ license skills test, random testing and other matters. Amends § 56-5-2735 to provide that a vehicle may not be driven or towed through or over a railroad grade crossing until its driver has determined that the vehicle has sufficient under carriage clearance to negotiate the railroad grade crossing. Effective 05/03/05.
Department of Motor Vehicles. Act 57 (R65, S424) amends § 56-3-910, to provide that each year, the Department of Motor Vehicles must provide the South Carolina Transportation Infrastructure Bank a report for the previous fiscal year that lists the total amount of fees and penalties it collected pursuant to §§ 56-3-660 and 56-3-670 by vehicle classification and weight. Amends § 56-3-1230, relating to license plate specifications and the issuance of new license plates and revalidation stickers, to provide that new license plates for self propelled property carrying vehicles and farm trucks must be provided by the Department of Motor Vehicles at intervals the department considers appropriate and to provide that a portion of the fees collected for the registering and licensing of self propelled property carrying vehicles and licensing farm trucks shall no longer be placed in a special restricted account to be used by the Department of Motor Vehicles for costs associated with the production and issuance of new license plates. Effective 05/17/05.
Farm Truck Definition Revised. Act 62 (R71, H3312) amends § 56-3-670, relating to farm truck license fees, to revise the definition of the term “farm truck.” Effective 05/16/05.
Low Speed And All-Terrain Vehicles. Act 170 (R169, S737) amends the Title of Chapter 2, Title 56 by adding Article 1, to provide for the operation, titling, and sale of low speed vehicles; amends § 56-1-10, relating to the issuance of driver’s licenses, defining the terms “low speed vehicle,” “all terrain vehicle,” “operator” or “driver,” and “person;” and adding § 56-5-820 to provide that it is unlawful to operate a low speed vehicle in violation of the provisions that regulate the operation of these vehicles, and to provide a penalty. Effective 12/07/05.
Motor Vehicle Registration Does Not Have To Be Signed. Act 29 (R25, H3126) amends § 56-3-1250 by deleting the provision that requires a vehicle owner to sign the vehicle’s registration card and the penalty for the failure to sign. Effective 3/22/05.
Nonfranchise Automobile Dealer License. Act 9 (R410 of 2004, H3831) adds Article 4 to Chapter 15, Title 56 to require certain applicants for an initial nonfranchise automobile dealer license to complete certain pre licensing education courses before they may be issued a license, and to provide that the Department of Public Safety shall promulgate regulations to implement this provision. Effective 01/13/05.
Primary Enforcement of Seat Belts. Act 147 (R159, S1) allows a law enforcement officer to stop a driver for a violation of safety belt requirements in the absence of another violation of the motor vehicle laws. The bill provides for a $25 fine for violation, but custodial arrested is prohibited as is the reporting of the violation to the offender’s motor vehicle insurer. The inclusion of any safety belt violations in the offender’s motor vehicle records or in criminal records maintained by SLED is prohibited. Other provisions prohibit the issuance of a citation for violation of safety belt provisions when the stop is made in conjunction with a driver’s license check, safety check, or registration check conducted at a checkpoint established to stop all drivers, except when the driver is cited for violating another motor vehicle law. A violation of seat belt provisions is not admissible as evidence in a civil action and no search of the vehicle or passengers may be made solely because of a violation of seat belt provisions. If a vehicle is stopped by a law enforcement officer without a citation being issued or an arrest being made, the officer must complete a data collection form as provided in the bill, and the Department of Public Safety (DPS) is required to maintain a database for this information and report the information on its Web site. The General Assembly is authorized to withhold state funds or federal pass-through funds from any law enforcement agency failing to comply with this requirement. The bill provides for legislative review of, and recommendations for any changes in, the data-gathering requirements during the 2010 legislative session. See Act for effective date.
Uniform Traffic Tickets. Act 68 (R84, S596) amends § 56-7-10, relating to the use of the uniform traffic ticket by all law enforcement officers, to provide that a law enforcement agency may utilize computers and other electronic devices to issue uniform traffic citations and store information resulting from the issuance of a traffic citation if this method of issuing a citation has been approved by the Department of Public Safety. Amends § 56-7-20, relating to the number of copies and colors of the copies contained in a traffic ticket and the purpose of the copies, to provide that each printed copy must be labeled with its purpose, to provide that a handwritten traffic ticket must consist of four copies, to revise the purpose of each copy of a traffic ticket, to eliminate the pink copy of the ticket, and to provide the number of copies and purpose of each copy of a ticket generated by electronic means. Makes technical changes regarding the printing, ordering and purchasing of uniform traffic tickets and to provide the procedure that a law enforcement agency that issues uniform traffic tickets in an electronic format must distribute copies of the ticket to various entities. And amends § 56-5-6310, relating to the provisions that regulate highway traffic, to make a technical change. Effective 05/23/05.
Aeronautics Division. Act 11 (R421 of 2004, H4537) amends § 13-1-30 relating to the appointment, duties, and authority of the Secretary of Commerce, to provide that the Director of the Department of Commerce’s Division of Aeronautics must be appointed by the governor, and to provide that the Executive Director of the Division of Aeronautics shall serve at the pleasure of the Aeronautics Commission. Adds Article 6 to Chapter 1, Title 13, to establish the Aeronautics Commission within the Department of Commerce to assist the Secretary of Commerce in the operation of and to oversee the Division of Aeronautics, and provide for the composition of the Commission. Amends § 55-1-5, relating to the definition of terms relating to aeronautics, to revise definitions and amends § 55-5-20, relating to definitions of terms relating to the Uniform State Aeronautical Regulatory Law, to revise the definition of the term “aviation gasoline. Provides that the Aeronautics Commission shall employ a Deputy Director of Aeronautics instead of the Director of the Division of Aeronautics of the Department of Commerce. Amends § 55 5 280, relating to the State Aviation Fund, to provide that funds appropriated for aviation grants must be paid into the state treasury and credited to the “state aviation fund.” Effective 01/15/05.
I 95 Corridor Economic Potential Blue Ribbon Study Committee. Act 185 (R123, S801) is a joint resolution to create the I 95 Corridor Economic Potential Blue Ribbon Study Committee to study the potential for further economic development of the I 95 corridor through this state and to make recommendations to the governor and General Assembly. Effective 06/02/05.
Research Division and Innovation Centers. Act 133 (R190, H3794) makes changes to the South Carolina Research Authority (SCRA). Creates the South Carolina Research Division (SCRD) and the South Carolina Research Innovation Centers (SCRIC); revises the composition of the SCRA board; deletes the Technical Advisory Board of the SCRA; requires and provides for the SCRIC to establish three Research Innovation Centers in South Carolina; defines "Research Park;” requires that the SCRIC be funded by a direct payment of funds by the SCRA, as delineated in the bill, for at least the first three years of the centers' existence; provides that after this three year period, the state shall explore methods to provide additional funding until the Innovation Centers have a reasonable opportunity to become self-sustaining; requires that costs associated with the physical space for the centers must be financed through the issuance of general obligation debt or by private match funding, as provided in the bill; authorizes the SCRIC to: admit qualified companies, as described in the bill, and pre-company initiatives into a center and grant these companies up to $200,000 each as well as physical and staff resources; allow these companies to remain in an innovation center for up to four years or until exceeding one million dollars in annual commercial revenue; allow rent and fees for services initially to be waived. Requires the SCRIC to use monetary grants for proof-of-concept studies, Small Business Innovation Research program matches, the protection of intellectual property, and other similar uses. Effective 06/07/05.
Health Care Power of Attorney. Act 172 (R179, H3224) amends § 62-5-504, to provide an alternative method of executing a health care power of attorney and provide the requirements and formalities for this alternative method. Provides for other health care issues that may be acted on by the health care agent named in a health care power of attorney executed pursuant to this alternative method. Effective 06/07/05.
Uniform Trust Code. Act 66 (R80, S422) amends Article 7, Title 62 to enact the Uniform Trust Code by providing a comprehensive codification or recodification of much of existing trust law and supplementing existing common law, except where the Code specifically contradicts it. Provides, among other things, for general provisions and definitions, and an application of the state’s will construction rules to the construction of trusts when appropriate. Other provisions relate to judicial proceedings and representation by others, rules for creation of trusts, noncharitable and irrevocable trusts, modification and termination of trusts, clarification of the mental capacity for creating a revocable trust, statute of limitations for contesting a revocable trust, and for rules for the Office of Trustee, including resignation and removal, duties and powers of trustees, including the essence of South Carolina’s Uniform Trustees Powers Act and the Uniform Prudent Investors Act. See Act for other provisions. Effective 01/01/06.
Acupuncture Act of South Carolina. Act 10 (R413 of 2004, H3891) adds Article 6 to Chapter 47, Title 40 enacting the Act. Establishes the Acupuncture Advisory Committee to be appointed by the Board of Medical Examiners and provides for its powers and duties. Establishes requirements for licensure and licensure renewal as an acupuncturist, an auricular therapist, and an auricular detoxification therapist, and establishes licensure and renewal fees. Authorizes temporary licensure. Prohibits practicing without being licensed and provides penalties. Repeals certain sections and establishes procedures and requirements for the direct submission of claims for anatomic pathology services. Adds Article 10, Chapter 47 to Title 40 to provide for the Registered Cardiovascular Invasive Specialists (RCIS) Act, to define certain terms, to provide the procedure a person must follow to become a RCIS, to provide the services a Cardiovascular Invasive Specialist may perform, to provide for the discipline of a person who has become unfit to practice or who has violated this Article, to provide certain things that a Cardiovascular Invasive Specialist must do and may not do, and to provide that the Department of Labor, Licensing and Regulation shall promulgate regulations. Effective 01/13/05.
Architects. Act 69 (R85, S660) amends § 40-3-240, requiring that architect applicants must pass all subject areas within a prescribed timeframe prescribed by the National Council of Architectural Registration Boards and deleting the provisions providing partial credit to applicants for examination subject areas passed. Effective 05/23/05.
Boiler Safety Act. Act 59 (R68, S581) enacts the Act. Provides that the Department of Labor, Licensing and Regulation (LLR) shall promulgate regulations for the safe installation and inspection of boilers in this state, including requiring national boiler registration and conformity with national installation standards and to require inspection of existing boilers; exempting certain boilers from regulation under this chapter; identifying standards for working pressure of a boiler; providing for the certification and regulation of special boiler inspectors; providing boiler inspection time frames, criteria, and reporting requirements; and providing civil penalties. Amends § 40 11 410, relating to contractor license classifications and subclassifications, including boiler installation subclassification requirements, to authorize credentials from the National Board of Boiler And Pressure vessel inspectors as sufficient for licensure under this subclassification. Effective 05/18/05.
Dentistry Board Authorized to Issue Licenses to Practice Dentistry. Act 92 (R106, H3674) adds § 40-15-275 to authorize the South Carolina State Board of Dentistry to issue a license by credentials to practice dentistry and to establish the criteria for obtaining such licensure. Effective 05/26/05.
DHEC, Ambulance Licensure Requirements. Act 187 (R380 of 2004, H5136) is a joint resolution directing DHEC to cease issuing new ambulance licenses for more than 120 days, or until the Department has the necessary personnel to enforce existing licensure requirements; to provide an exception, if a demonstrated need exists; and to provide licensure renewal requirements. Effective 02/25/05.
Fire Protection Sprinkler Systems Act. Act 177 (R183, H3383) adds Chapter 10, Title 40, enacting the Fire Protection Sprinkler Systems Act. Includes provisions to license and regulate the fire sprinkler systems industry, to establish licensure and licensure renewal requirements and fees, to provide grounds for misconduct and sanctions for misconduct, and to further provide for the licensure and regulation of fire sprinkler contractors and fire sprinkler systems. Amends § 40-11-10 by adding a member who is in the business of fire sprinkler systems to the South Carolina Contractor’s Licensing Board. Repeals Chapter 45 of Title 23, relating to Fire Protection Sprinkler Systems Act. Effective 06/14/05.
Foreign Brewer to Include its Successor or Assignee. Act 173 (R181, H3325) amends § 61-4-1115 to clarify that as related to its relationship to an importer, a foreign brewer includes its successor or assignee. Effective 06/07/05.
Hair Braiding. Act 52 (R49, S509) adds § 40-7-255, providing for the registration and regulation of persons who practice hair braiding, including requiring a registration fee, a six-hour board approved hair braiding course, and an examination. Amends § 40-7-20 to define “hair braiding” as related to the licensure and regulation of barbers. Effective 05/05/05.
Licensure and Regulation of Nurses. Act 122 (R148, H3646) amends § 40-33-20, relating to definitions used in the licensure and regulation of nurses, to revise the definitions of “attendant care services” and “health maintenance activities.” Amends § 40-33-30, relating to circumstances to which the chapter does not apply, to provide that the chapter may not be construed to prohibit an unlicensed person from providing attendant care services, which enable a person to remain at home and which enable a person to carry out functions of daily living. Effective 06/03/05.
Licensure and Regulation of Optometrists. Act 135 (R115, S268) amends Chapter 37, Title 40, relating to the licensure and regulation of optometrists, to conform this Chapter to the statutory and administrative organizational framework established for professional and occupational boards in Chapter 1, Title 40, under the administration of LLR; and to further provide for the licensure and regulation of optometrists and, among other things, to establish licensure by endorsement and to provide that by September 30, 2008, all licensed optometrists must be licensed as Therapeutically Certified Optometrists and to provide transition provisions. Effective 07/01/05.
Manufactured Housing License. Act 175 (R193, H3883) amends § 40-29-20 to revise certain definitions. Amends § 40-29-200, to exempt from manufactured housing licensing requirement a licensed real estate salesman or licensed real estate broker who negotiates, or attempts to negotiate, the sale or other disposition of a used manufactured or mobile home in conjunction with the sale or other disposition of the underlying real estate and a lienholder who disposes of a repossessed manufactured home by means of a contract with a license manufactured home retail dealer. Effective 06/07/05.
Membership Increased on Medical Examiners Board. Act 171 (R177, H3107) amends § 40-47-10 to require that two additional lay members be added to the State Board of Medical Examiners and to provide for their manner of appointment, qualifications, and terms. Adds § 40-47-155 to further provide certain conditions under which the Board shall issue a license to practice medicine to an applicant. Effective 06/14/05.
Membership Increased on the Medical Disciplinary Commission. Act 150 (R178, H3108) amends § 40-47-211, relating to the Medical Disciplinary Commission of the State Board of Medical Examiners (Board), to further provide for the qualifications of lay members of the Commission and for lay commissioner terms and procedures for filling vacancies. Amends § 40-47-213, relating to disclosure of information in regard to Board proceedings, to further provide for such disclosure and for the proceedings of the Board in regard to complaints. Effective 06/09/05.
Mortgage Loan Banking. Act 7 (R389 of 2004, S682) amends Chapter 58, Title 40 of the Code relating to the registration and regulation of mortgage loan brokers, to change the term from “mortgage loan broker” to “mortgage broker,” to conform the chapter accordingly, to define “processor,” to further specify the scope of responsibility of “originators,” and to further provide for the licensure and regulation of mortgage brokers and originators including establishing licensure and renewal fees for originators. Effective 01/13/05.
Mortgage Satisfaction. Act 73 (R90, H3454) amends § 29-3-330, providing further requirements for the contents of the affidavit that an attorney is permitted to file in regard to a mortgage which he has satisfied. Effective 05/23/05.
Nurse Licensure Compact. Act 87 (R101, H3142) adds Article 15 to Chapter 33, Title 40 to enact the Nurse Licensure Compact, which enters South Carolina into a multi state nurse licensure compact to provide for the reciprocal practice of nursing among the states that are parties to the compact. Provides for the standards and procedures that apply to practicing nursing in other states pursuant to the compact and for a coordinated licensure information system for sharing data among the compact states. Provides procedures for dispute resolution and disciplinary action and further provides for the regulation of nurses licensed in states that are parties to the compact. Effective January 1, 2007, foreign educated applicants for licensure as a registered nurse are required to pass the National Council Licensure Examination and an English language proficiency test; and to provide that the State Board of Nursing shall promulgate regulations to carry out the provisions of this Article. See Act for effective date.
Staff Leasing Services. Act 112 (R121, S637) amends Chapter 68, Title 40, to change the term “staff leasing services” to “professional employer organizations” and to provide for the licensure and regulation of these organizations that provide employees to businesses generally on a long term basis. Requires two years of industry experience to be licensed and provides a grandfather provision for existing licensees providing these services; establishes continuing education requirements; authorizes the Department of Consumer Affairs to use an assurance organization to certify the qualifications of a professional employer organization for licensure; specifies insurance information that an organization must provide to employees and the Department; and further specifies requirements when providing employee insurance. Effective 06/02/05.
Accessibility Committee for the Building Codes Council. Act 67 (R83, S580) amends § 10-5-235, clarifying that the Committee for the Building Codes Council shall advise the Council on matters of accessibility to buildings, structures, and facilities by persons with disabilities. Effective 05/23/05.
Lessor of Real Estate; Fixtures and Equipment Subject to Commercial Lease Agreement. Act 15 (R405 of 2004, H3507) adds § 27-35-75 to provide certain requirements of a lessee in a commercial lease agreement or security agreement to ensure reasonable protection of the subject property. Provides for the right of access by a lessor to real estate, fixtures, and equipment that are subject to a commercial lease or security agreement for the purpose of reasonable protection of the leased property upon 24 hours’ written notice to the lessee, absent emergency circumstances; and to provide that the lessee may not unreasonably withhold consent to access. See Act for effective date.
Manufactured Home. Act 174 (R187, H3730) adds § 56-19-560 to provide that, upon an owner of a manufactured home meeting all requirements for retiring the title certificate on his manufactured home and having the manufactured home and the real property to which it is affixed classified as real property, the register of deeds or clerk of court in the county where it is located must treat this property for all purposes as real property and may not in any particulars still treat the manufactured home as personal property. Effective 06/07/05.
Consolidated Procurement Code. Act 97 (R117, S365) amends § 11-35-3030, relating to bond and security for construction contract performance and payment pursuant to the State Consolidated Procurement Code, to reduce the maximum retention amount for each installment pending completion of the project from five percent to three and one half percent. Effective 06/01/05.
Consolidated Procurement Code. Act 125 (R155, H4035) amends Chapter 45, Title 11, relating to the Venture Capital Investment Act, to establish a venture capital authority within the Department of Commerce to solicit investment plans for raising and investing venture capital pursuant to the Venture Capital Investment Act and to revise and further provide for the procedures, conditions, and requirements under which venture capital is raised and investors receive state tax credits for their investment. And amends § 30-4-40, relating to matters exempt from disclosure under the Freedom of Information Act, to exempt private investment and other proprietary financial data provided to the venture capital authority by a designated investor group or an investor. Effective 06/03/05.
General Obligation Economic Development Bond Act. Act 114 (R133, H3932) amends and reenacts certain provisions of § 11-41-30, relating to definitions with regard to the State Act. Revises specific definitions; amends § 11-41-40, relating to the issuance of these economic development bonds, to further provide for the manner of such issuance; and amends and reenacts § 11-41-70, relating to bond notification and other requirements for the issuance of these bonds, to make conforming changes to the definition revisions contained above and to further provide the terms and conditions for the issuance of these bonds. Provides findings of the General Assembly that the funding of these projects with these bonds serves a valid public purpose and benefits this state with subsequent economic and employment benefits. Effective 06/02/05.
Tobacco Escrow Fund Enforcement. Act 61 (R70, H3304) amends Title 11 by adding Chapter 48, providing for further enforcement of the Tobacco Escrow Fund Act, including both civil and criminal penalties for violations. Amends § 11-47-30, providing that escrow payments required of a nonparticipating tobacco products manufacturer and any refund of an escrow overpayment by such a manufacturer are based on units sold in this state compared with master settlement agreement payments rather than an allocable share. Amends §§ 11-49-60 and 11-49-150, relating to the powers of the Board of the Tobacco Settlement Revenue Management Authority Act and the consent to, and approval by, the General Assembly to the Tobacco Master Settlement Agreement, deleting the requirement that the General Assembly approve any amendment to the agreement before the Board may approve such an amendment, and to authorize the Board to approve such amendments on behalf of the state, if such amendments do not diminish the rights and remedies of the authority and bondholders. See Act for effective date.
Commercial Mobile Service Providers. Act 40 (R43, H3634) amends § 58-11-100, further providing for the manner in which, and conditions under which, the Commission may regulate “commercial mobile service” providers. Effective 04/15/05.
Communications Service Provider. Act 134 (R192, H3840) Provides that no communications service provider or a parent company, subsidiary, or affiliate of a communications service provider shall enter into any contract or agreement that requires a person or entity to restrict or limit the ability of any other communications service provider from obtaining easements or rights of way for the installation of facilities or equipment to provide communications services in this state, or that offers or grants incentives or rewards to an owner of real property that are contingent upon restricting or limiting the ability of any other communications service provider from obtaining easements or rights of way for the installation of facilities or equipment to provide communications services in this state. Provides exceptions, civil penalties for violation, and that all contracts made on or after the effective date of this § are void and unenforceable. Provides that no other communications service provider, including a carrier of last resort, shall be obligated to provide any communications service to the occupants of a multi tenant business or residential property if the owner or developer permits only one communications service provider to install its facilities or equipment during the construction phase of the property, accepts or agrees to accept incentives or rewards from a communications service provider, collects from the occupants of the property charges for the provision of communications service to the occupants, or enters into an agreement with a communications service provider that is in violation of § 58-9-295; and to provide that the above provisions of this Act shall become void and unenforceable under certain conditions. See Act for effective date.
Motor Carrier Transportation Contract that Holds Promisee Harmless from Liability is Unenforceable. Act 35 (R36, S106) adds § 58-23-110 to provide that a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that indemnifies, defends, or holds harmless the contract’s promisee from or against liability for loss or damage resulting from the negligence or intentional acts or omissions of the contract’s promisee, or any agents, employees, servants, or independent contractors who are directly responsible to the contract’s promisee is unenforceable. Defines the term “motor carrier transportation contract.” Provides that this section does not affect a provision, clause, covenant, or agreement where the motor carrier indemnifies or holds harmless the contract’s promisee under certain circumstances, and to provide that a “motor carrier transportation contract” shall not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America. Effective 04/19/05.
Natural Gas Rate Stabilization Act. Act 16 (R1, S18) amends Chapter 5, Title 58, by adding Article 4, which provides procedures for the adjustment of rates and charges of natural gas distribution utilities to reflect changes in expenses, revenues, investments, depreciation, and other changes in revenues and expenses and provides procedures for interested parties to challenge these adjustments. It further provides for related procedural matters including a provision to authorize the Office of Regulatory Staff additional staffing funded by assessments on natural gas utilities regulated under the Article. Effective 2/16/05.
Public Service Authority. Act 137 (R82, S573) amends § 1-3-240, relating to officers who may be removed by the governor for cause, to delete the Commission of the Department of Revenue, to add the directors of the South Carolina Public Service Authority (Authority) and to establish conditions under which directors may be removed. Provides that the Authority is not liable for certain losses resulting from conduct of a director of the Authority. Provides that a director of the Authority is not immune from liability for certain conduct and to provide that the insurance reserve fund is prohibited from providing insurance coverage for that individual liability. Amends § 58-3-530, relating to the duties and functions of the state regulations of Public Utilities Review Committee, to add the duty to screen candidates for the board of directors of the Authority; sets forth qualifications and requirements for directors and to provide for the screening of directors. Prohibits the Authority from disposing of certain property without prior approval of the General Assembly or from inquiring into the feasibility of disposing of its property. Provides standards of conduct for directors of the Authority. Adds § 58-31-56 to define conflict of interest transaction. Permits customers of the Authority to sue directors of the Authority for breach of duty and to provide damages. Provides that only the net earnings not necessary for the operation of and in the best interest of the Authority shall be paid to the state treasurer and used to reduce the tax burdens on the people of the state and provide that nothing in this section prohibits the Authority from paying certain amounts to the state. Authorizes the Authority to exchange or interchange service with, purchase electric energy from, or sell electric energy to any joint agency organized and operating pursuant to the provisions of Chapter 23 of Title 6. See Act for effective date.
Public Service Commission. Act 8 (R406 of 2004, H3530) amends § 58-9-2200, relating to definitions in connection with municipal charges to telecommunications providers, to further define “service address” to include the origination point of the telecommunications signal for “postpaid calling services” and to define “postpaid calling service.” Amends § 58-9-2220 to revamp the calculations of the maximum business license tax a municipality may levy on the sale of retail communications services to one percent of the gross income derived from the sale. Amends § 58-9-2230, relating to public rights of way and telecommunications services, to provide that the franchise or consent fee and the administrative fee charged in connection with the use of a public right of way are instead of a permit fee or other fee assessed on a telecommunications provider for the purpose of the provider’s occupation of or work within the public right of way. Effective 01/13/05.
State Funding of Air Carrier Hub Terminal Facilities. Act 33 (R34, H3234) amends Article 7, Chapter 11, of Title 55, relating to state funding of air carrier hub terminal facilities, to include a facility that operates two or more special, state taxed planes for the transport of special cargo; to include an economic development project that is functionally related to air carrier hub terminal facilities satisfying the criteria; to provide for approval of the issuance of bonds for an infrastructure in connection with an air carrier hub facility by the joint bond review committee and the budget and control board after the request is presented by the secretary of commerce with certification of certain information; to pledge the full faith, credit, and taxing power of the state and ensure sufficient allocation of tax revenues for payment on the bonds, to make technical changes; and to amend § 11-41-30, relating to definitions for purposes of the economic development bond act, to include as infrastructure buildings on all qualifying air carrier hub terminal facilities. Effective 04/05/05.
Utility Service Provider. Act 5 (R402 of 2004, H3080) amends Title 58, Chapter 3, of the Code relating to the Public Service Commission (Commission) by adding § 58-3-230 to prohibit the unauthorized change of a customer’s utility service provider, commonly referred to as “slamming.” Provides that the authorization must be obtained pursuant to appropriate state and federal regulations, that the authorization follows the customer, and establishes penalties for violation. Amends § 58-9-280 to provide that telecommunications carriers that have elected to have rates, terms, and conditions determined pursuant to the plan described in § 58-9-576(b) shall provide access to these contracts to the Office of Regulatory Staff of the Commission as required. Adds definitions. Exempts bundled offerings and contract offerings made by telecommunications carriers from regulation by the Commission. Provides that upon the filing of a complaint by an end use purchaser of a bundled offering or a contract offering, the Commission may enforce the terms and conditions of such an offering under the same principles that apply when a court of general jurisdiction enforces the terms and conditions of an unregulated contract between two parties. Provides that no one other than the end user purchaser that filed the complaint and the telecommunications carrier providing the bundled offering or contract offering that is the subject of such complaint shall be a party to any complaint proceeding before the Commission. See Act for effective date.
National Guard Pension Fund. Act 155 (R204, H3813) amends Title 9 by adding Chapter 10 to establish, under the Administration of the Retirement Division of the State Budget and Control Board, the National Guard Retirement System formerly administered by the Adjutant General and provide for the administration of and asset investment of the National Guard Retirement System in the manner that other state retirement systems are administered and their assets invested. Amends § 9-1-310, relating to paying the administrative costs of the various state retirement systems, to include the National Guard Retirement System for purposes of administrative costs. Amends § 9-21-20, relating to definitions for purposes of the South Carolina Retirement Systems Claims Procedures Act, to make conforming amendments with respect to the National Guard Retirement System and to include the optional retirement program in appropriate definitions. Amends § 9-16-10, relating to definitions for purposes of managing and investing the funds of the various state retirement systems, to include the National Guard Retirement System in the appropriate definition. Repeals Article 23, Chapter 1, Title 25 of the 1976 code relating to national guard pensions under the administration of the Adjutant General. Effective 01/01/06.
State Retirement System. Act 14 (R347 of 2004, S852) amends §§ 9-1-10 and 9-11-10, both relating to definitions under the South Carolina retirement system and the police officers retirement system, respectively, defining “public service” to include paid service rendered as an employee of a postsecondary public technical college or public junior college, or a public four year or postgraduate institution of higher education, while the member was a student at that institution. Amends §§ 9-1-1020 and 9-11-210, both relating to member contributions for purposes of the South Carolina retirement system and the South Carolina police officers retirement system, clarifying the contribution requirements on unused annual leave and the use of such payments in calculating average final compensation. Effective 07/01/04.
State Retirement System Preservation and Investment Reform Act. Act 153 (R200, S618) enacts the Act. Makes comprehensive and significant revisions to the South Carolina Retirement Systems. Changes to the current systems relate to: payment of active employee contributions on graduated levels for Teacher and Employee Retention Incentive Program (TERI) participants; elimination of first annual leave payouts for new TERI participants benefits: and return to covered employment by retired employees. See Act for effective date.
Beer and Wine Taxes. Act 26 (R15, S339) amends Article 7, Chapter 21, Title 12, by adding § 12-21-1085, which provides that, absent certain exceptions, the taxes provided for in Article 7 are in lieu of all other taxes on beer and wine. Effective 03/23/05.
Bingo License Requirements. Act 4 (R425 of 2004, H4709) amends § 12-21-4070, relating to the requirement that for any bingo license to be issued the organization, promoter, or individual must have been domiciled in this state for at least three years, or, in the case of an organization, to have been active in this state for at least three years, to reduce the minimum time for an organization to have been active in this state from at least three to at least two years. Effective 11/04/04.
Boys and Girl Scouts of America. Act 181 (R21, S583) a joint resolution to extend by one additional property tax year the property tax exemption allowed for property not owned by, but which is used exclusively by, the Boy Scouts of America or the Girl Scouts of America. Effective 03/33/05.
Corporate Income Tax Moratorium. Act 71 (R88, S814) amends § 12-6-3365 to extend the corporate income tax moratorium to a taxpayer otherwise eligible for the moratorium but for the requirement that at least 90 percent of the taxpayer’s total investment in this state must be in the moratorium county and allow the moratorium when that taxpayer creates at least 100 new jobs and invests at least 150 million dollars in a manufacturing facility in a second county designated as distressed, least developed, or underdeveloped with the 90 percent overall limitation applying to investment in one or both of these counties. Extends the moratorium similarly when the number of jobs created would allow the taxpayer a 15 year moratorium, provides that a change in business form during the moratorium period does not affect the moratorium, defines “taxpayer,” and makes conforming amendments. Provides that an “enhanced investment” for purposes of the Fee In Lieu of Tax Simplication Act of 1997 includes an economic development project as such a project is defined in the State General Obligation Economic Development Bond Act and for which the Secretary of Commerce has issued the certification that the projects meet the requirements of the definition and similar projects with the same certification from the Secretary of Commerce qualify the project for an assessment ratio not lower than four percent in the calculation of a fee in lieu of tax under the other fee in lieu of tax statutes. Effective 05/23/05.
Golf Course Real Property. Act 149 (R167, S589) adds § 12-43-365 to provide that the value of tangible and intangible personal property and any income derived therefrom, whether directly or indirectly, must not be included in the determination of fair market value of golf course real property for ad valorem tax purposes, to provide a definition for “intangible personal property” and to provide for income and expense reporting by golf course owners when golf courses are valued for ad valorem tax purposes using the capitalized income approach. Became law without the governor’s signature. See Act for effective date.
Income Tax Credit For Rehabilitation Expenditures. Act 138 (R162, S140) amends §12-6-3535, relating to the state income tax credit allowed taxpayers making qualified rehabilitation expenditures for a certified historic structure in this state, to extend the credit to license taxes and to clarify the application of the credit to pass through entities. Amends §12-43-215, relating to valuation of owner-occupied residential property for ad valorem tax purposes, to provide for the valuation to be considered by an assessor when the value of the property assessment is appealed. See Act for effective date.
Investment Tax Credit. Act 113 (R125, H3067) amends § 12-14-60, relating to the investment tax credit against state income tax allowed for economic impact zone qualified manufacturing and productive equipment property, to extend for certain taxpayers the 10 year carry forward period for unused tax credits and provide the requirements necessary for a taxpayer to receive the additional carry forward period. See Act for effective date.
Job or Investment Tax Credit For Companies Using Ports Authority Facilities. Act 124 (R152, H3885) adds § 12-6-3375 to provide either an additional jobs tax credit or an additional investment tax credit for companies using port facilities located in this state which increase their base port cargo volume at these facilities by a minimum of five percent over 2005 totals and to provide procedures necessary to implement and allocate these tax credits and to recalculate base port cargo volume. Effective 06/03/05.
Jobs Creation Act. Act 157 (R207, H3006) amends the Job Tax Credit law to promote and encourage small businesses to create new jobs. Companies with 100 employees or more, would receive existing job tax credits (the company receives credit for creating 10 or more new jobs). For companies with 99 employees or less, the following would apply: if the created job pays a minimum of 120 percent of the county or state per capita income, the credits would fall under the existing job tax credit laws; if the created job pays less than 120 percent of the county or state per capita income, the credits received would be half of the existing credit. Establishes a Capital Access Program (CAP) to provide a loan loss reserve from state appropriated funds, which would be used to assist participating financial institutions making loans to small businesses located in South Carolina that otherwise would have difficulty obtaining regular bank financing. To encourage the creation and expansion of distribution centers in the state, the bill also provides that nexus for income and licenses and sales and use tax purposes will be determined without regard to distribution facilities. See Act for effective date.
Monthly Installment Payments Authorized For Real Property Taxes. Act 136 (R143, H3305) amends §12-45-75, relating to installment payments of real property taxes, to authorize monthly installments. Effective 06/07/05.
Motion Picture Incentive Act. Act 56 (R63, H3152) revises Act. Extends the exemption from sales and use tax to include an exemption from local, as well as state sales and use taxes; allows up to seven percent of the general fund portion of admissions tax collected and funded to the State Film Commission (Commission) to be used by the Department of Commerce (Commerce) exclusively for marketing and special events; and deletes a rebate to a motion picture company for sales tax paid on accommodations. Authorizes the Commission to rebate to a motion picture production company not more than 15 percent of the total aggregate South Carolina payroll for persons subject to South Carolina income tax withholdings employed in connection with the production when total production costs in South Carolina are at least one million dollars during the taxable year. Total rebates may not annually exceed 10 million dollars and shall come from the state's general fund. This rebate does not apply to the salary of an employee whose salary is equal to or greater than one million dollars for each motion picture. The bill also authorizes Commerce to carry-forward their portion of the admissions tax for rebates and grants. See Act for effective date.
Non-Federal Aid Highway Fund. Act 176 (R202, H3296) reallocates to the Department of Transportation (DOT) State Non-Federal Aid Highway Fund certain fines and fees including but not limited to fines and fees related to: use of dyed motor vehicle fuels; petroleum products; driver's licenses, permits, and special identification cards; and motor vehicle registration and licensing. The bill eliminates, over a five-year period, funding provided to the South Carolina Coordinating Council for Economic Development from the gasoline user fee, but phases in a new funding source to compensate for this loss of revenue. The bill provides that DOT operational revenues must be placed in either the State Highway Fund or the State Non-Federal Aid Highway Fund (currently this revenue may only be placed in the State Highway Fund), and the bill provides for a declining schedule of payments for DOT's cost of administration. Effective 06/14/05.
Overdue Debt Collection Act. Act 145 (R150, H3768) This comprehensive bill is a Department of Revenue (DOR) "Clean-Up Bill," which amends numerous sections of the Tax Code. Provisions of the bill include protection from lawsuits to third parties, such as banks, which remit funds to DOR as a result of a levy. Puts into permanent law language from the budget allowing for a 20 percent collection assistance fee which DOR may collect for overdue tax debts, with the revenue from this fee directed to the DOR South Carolina Business One Stop program. Allows a sales tax exemption for prescription and over-the-counter medicines and medical supplies sold to a health care clinic that provides free medical and dental care to its patients (consistent with language in the budget); conforms the State Tax Code to the Internal Revenue Code, as amended through 2004. See Act for effective date.
Prescriptions for Rheumatoid Arthritis Exempt From Tax. Act 89 (R103, H3297) amends § 12-36-2120 to include exemption from sales tax, prescriptions for the treatment of rheumatoid arthritis. Effective 07/01/05.
Property Tax Exemptions for Boy or Girl Scouts. Act 17 (R2, S207) amends § 12-37-220 to extend the property tax exemption to include property which is used exclusively for scouting purposes, regardless of ownership, for property tax years beginning after 2001 and to waive the time limits otherwise applicable to claims for referral purposes of computing refunds pursuant to § 12-37-220(B)(7). See Act for effective date.
Sales Tax on Alcoholic Liquors Sold by the Drink. Act 139 (R163, S165) adds § 61-6-1636 so as to provide that a person licensed for sale and use for on premises consumption shall purchase alcoholic liquor for sale by the drink from a licensed retail dealer with a wholesaler’s basic permit issued pursuant to the Federal Alcohol Administration Act (FAAA) in any size bottle, except 1.75 liter size bottles, and provide that a licensed retail dealer with a wholesaler’s basic permit issued pursuant to the FAAA may deliver to a person licensed for sale and use for on premises consumption alcoholic liquor in any size, except a 1.75 liter size bottle. Prohibits a person licensed by Article 5, Chapter 6, Title 61, from substituting another brand of alcoholic liquor in place of the brand specified except under certain conditions. Provides that a wholesale distributor of alcoholic liquor may discount product price based on quantity of purchases. Provides for an excise tax on the gross proceeds of the sale of alcoholic liquor by the drink and provides for distributions from the local government fund to revise the amount of the distribution to counties that must be used for alcohol education and alcoholism and drug rehabilitation. In no case may the amount provided be less than the amount distributed in fiscal year 2003 2004. Exempts the excise tax for alcoholic liquor by the drink. Eliminates references to minibottles. Defines “alcoholic liquor by the drink” and “alcoholic beverages by the drink” and further defines “minibottles.” Deletes the restrictions on the size of containers of alcoholic liquors to be sold by retail dealers, revises the restrictions on sale and delivery of alcoholic liquors to the hours between seven p.m. and nine a.m., and revised penalties for unlawfully refilling or tampering with alcoholic liquors. Amends the amount of alcoholic percentage of wine to be sold in liquor stores from 14 percent to 16 percent. Other provisions relate to license renewals, temporary permits, age of servers, creation of a study committee to examine delivery and distribution of alcoholic liquors by a licensed retail dealer with a wholesaler’s basic permit issued pursuant to the FAAA. Provides that minibottle licenses or permits in effect on the effective date of this Act are considered to be permits for alcoholic liquor by the drink after the effective date of this Act. See Act for effective date.
Separate Income Tax Rate. Act 41 (R44, H3007) adds § 12-6-545, phasing in over four taxable years, beginning in 2006, a 5 percent state individual income tax on South Carolina taxable income attributable to the active trade or business income of a pass through business; defining pass through businesses as sole proprietorships, partnerships, “S” corporations, and limited liability companies when such companies are taxed as sole proprietorships, partnerships, and “S” corporations; and defining active trade or business income or loss. Effective 04/14/05.
Tax Increment Financing Act for Counties. Act 109 (R113, S97) extends the application of the Tax Increment Financing Act for counties to more rural areas and enhances elements to development projects necessary to assist such rural areas. Authorizes counties jointly by intergovernmental agreements to establish a multi-county or regional authority to establish redevelopment plans and property when such projects have economic impact beyond a single county. Effective 06/02/05.
Tax Returns. Act 161 (R188, H3767) includes numerous revisions and technical changes to South Carolina taxation provisions including, but not limited to: authorizing tax preparers to sign returns electronically; including amounts attributable to lottery and bingo winnings as taxable income reportable by nonresidents; amending provisions regarding job development credits by providing that the county designation is effective as of the date the application for credits is received in the Office of the Coordinating Council, rather than the date the preliminary revitalization agreement is entered into; amending provisions regarding the Department of Revenue's power to summon a person by providing that an Administrative Law Judge hold a contempt hearing on failure to comply with a summons; and amending provisions relating to sanctions against a person authorized to represent a taxpayer administratively by including a monetary penalty. See Act for effective date.
Credit Counseling. Act 111 (R120, S607) adds Chapter 7 to Title 37 to provide for the licensing and regulation of consumer credit counseling in this state by the Department of Consumer Affairs, including definitions, licensing requirements, a written contract, a thorough budget analysis, a trust account with at least quarterly accountings to the consumer, a surety bond, a limitation on fees, reports to the Department, a list of prohibited activities, civil and criminal penalties for a violation, and making a violation an unfair trade practice subject to the Unfair Trade Practices Act. Effective 12/02/05.
Gambling Cruise Prohibition Act. Act 104 (R131, H3694) enacts the Act which delegates to counties and municipalities the authority to prohibit or regulate the operation of gambling vessels that are in engaged in so-called "cruises to nowhere." Contains model language for a local jurisdiction to adopt in order to prohibit gambling vessels engaged in "cruises to nowhere." Retains General Assembly authority to regulate or prohibit gambling on passenger cruise liners. Provides that if the exception for passenger cruise liners is found unconstitutional or invalid, then it is the intent of the General Assembly for the entire legislation to be invalid. Where a local jurisdiction adopts an ordinance regulating or prohibiting gambling vessels, the legislation allows a county or municipality to assess a civil penalty of not more than $100 dollars per passenger for each violation, with an aggregate total in penalties not to exceed $50,000 dollars per vessel for a 24-hour period. Local jurisdictions are authorized to seek injunctive relief against a person for violation of an ordinance regulating or prohibiting gambling vessels. In the event a local jurisdiction does not adopt a prohibitive ordinance, the legislation authorizes the local jurisdiction to assess a surcharge of up to 10 percent of each ticket sold per gambling cruise and a surcharge or up to five percent of the gross proceeds of each gambling vessel. Outlines the reporting requirement that the gambling cruises must make to the Department of Revenue and establishes civil penalties for failure to comply. Provides a limited five-year grandfather clause for gambling vessels operating as of January 1, 2005. Effective 06/01/05.
Gift Certificates. Act 2 (R364 of 2004, H4688) amends the Code by adding § 39-1-55 to provide that a person shall not issue or sell a gift certificate which provides that the certificate expires before the first anniversary of the date on which the certificate is issued or sold and provides exceptions. Provides that a condition relating to the use of a gift certificate must be stated clearly on the certificate, envelope, covering, or receipt, if the condition provides that the certificate decreases in value over a period of time or that a fee is charged against the balance of the certificate after a certain period of time. Effective 07/01/04.
Provisions for Labeling and Marketing Eggs. Act 23 (R12, S255) amends Article 3, Chapter 39, Title 39, to further provide for the regulation of labeling and marketing of eggs, including licensing of sellers of eggs by the Department of Agriculture and requirements for labeling and refrigerated storing of eggs, and to provide penalties for certain violations. Effective 03/24/05.
Uniform Securities Act of 2005. Act 110 (R119, S588) enacts the Act, which makes comprehensive revisions to securities laws. The bill divides into seven articles the securities laws that apply to South Carolina. There are two concurrent securities regulatory regimes: one at the federal level and the other at the state level. The National Securities Markets Improvements Act of 1996 and the Securities Litigation Uniform Standards Act of 1998, enacted by Congress, preempted significant parts of state power to prevent duplicative state and federal regulation of securities. This bill reconciles, and attempts to achieve better coordination of, federal and state securities regulation. Effective 01/01/06.
Administrative Director. Act 85 (R99, S491) amends § 42 3 80 to tie the maximum salary paid to the Administrative Director of the Administrative Department of the Workers’ Compensation Commission to the salary paid to commissioners instead of circuit judges. Effective 05/26/05.
Benefits of Prisoners. Act 98 (R118, S557) amends § 42 1 500, to authorize a municipality to cover prisoners in custody of a municipality and to provide coverage for certain prisoners when the county or municipality elects to cover its prisoners. Amends § 42 7 65, relating to the average weekly wage designated for certain categories of employees, to add municipal prisoners. Effective 06/01/05.
Commissioners Bound by Code of Judicial Conduct. Act 36 (R37, S127) adds § 42-3-250 binding Workers’ Compensation Commissioners by the Code of Judicial Conduct, as contained in Rule 501 of the South Carolina Appellate Court Rules, and to require Workers’ Compensation Commissioners and their administrative assistants to attend yearly a workshop concerning ethics and the Administrative Procedures Act. Effective 04/15/05.
Firefighters. Act 108 (R112, S75) amends § 42-11-30, to provide that a cardiac related incident resulting in impairment or injury to a law enforcement officer resulting in total or partial disability, or death, is presumed to have arisen out of and in the course of employment under certain conditions. Effective 06/02/05.
Premiums for Constables to be Paid from General Fund. Act 80 (R94, S135) provides that workers' compensation premiums for volunteer state constables must be paid from the state general fund upon warrant of the Chief of the State Law Enforcement Division. The bill eliminates the current requirements that the governing body of the entity using a voluntary state constable's services must approve and fund the premiums for his participation in the workers' compensation system. Effective 05/31/05.
New administrative laws and procedures are addressed in the form of regulations promulgated by state agencies and offices. Following is a list filed in the office of Legislative Council and processed in accordance with the provisions of Article I, Chapter 23, Title 1, Code of Laws of South Carolina, 1976.
The texts of all regulations listed below have been published in the volume and issue of the South Carolina State Register noted opposite each entry and are available for public inspection in the promulgating agency, the Legislative Council in the State House and the Department of Archives and History. Copies of the South Carolina State Register are also on file in the Office of the Clerk of Court in each county. To subscribe to the South Carolina Register, contact Lynn P. Bartlett, Editor, Office of the Legislative Council, P.O. Box 11489, Columbia SC 29211. (803) 734-2145.
Explanation of abbreviations
opposite regulations below.
Regulations are available online at www.scstatehouse.net.