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 Mark Smither, 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 msmither@scbar.org. There will be a charge for any requests exceeding 30 pages ($.10 per page). General Assembly and South Carolina Code of Laws Online legislation and regulations are available at www.scstatehouse.net. The South Carolina Code of Laws is available at this site as well as through www.scbar.org. Administrative Law Court, Motor Vehicles Division. Act No. 381 (R422, H4671) contains numerous provisions revising the authority and procedures of the Administrative Law Court’s Division of Motor Vehicles. Portions relating to the weighing of vehicles take effect September 11, 2006. Remaining portions take effect on June 13, 2006. Charity gaming. Act No. 359 (R415, H4419) amends § 12-21-4190 to reduce the amount of bingo charges retained by the Dept. of Revenue from 16.5 cents to 10 cents for each dollar of face value for each card sold for AA, B, D and E licenses and to establish a four cent charge for each dollar of face value for cards sold for C licenses; and amends § 12-21-4200 to provide that the portion of revenue generated from the licensure and regulation of bingo which is dedicated to the Division on Aging must not be less than $600,000 annually. Effective July 1, 2006. Charity gaming. Act No. 357 (R411, H3949) amends § 12-21-4190 to reduce the amount of bingo charges retained by the Dept. of Revenue from 16.5 cents to 10 cents for each dollar of face value for each card sold for AA, B, D and E licenses and to establish a 4 cent charge for each dollar of face value for cards sold for C licenses; and amends § 12-21-4200 to provide that the portion of revenue generated from the licensure and regulation of bingo which is dedicated to the Division on Aging must not be less than $600,000 annually. Effective July 1, 2007. Community Domestic Violence Coordinating Councils. Act No. 366 (R434, H4831) amends § 43-1-260 to provide that the circuit solicitor, rather than DSS, shall facilitate the development of the Community Domestic Violence Coordinating Councils in each county or judicial circuit, to add a representative of DSS to the recommended participants on the councils, and to provide that members on such councils shall establish memoranda of agreement among and between these members; and adds § 22-3-546 so as to authorize a circuit solicitor, in a circuit with five or more counties, to establish and direct a program to prosecute first offense misdemeanor criminal domestic violence offenses and to require the solicitor to report the results of the program to the Prosecution Coordination Commission. Effective June 9, 2006. Concealable weapons permit. Act No. 347 (R390, S1261) amends § 23-31-210, relating to the issuance of concealable weapons permits, to provide a definition for the terms “qualified nonresident” and “proof of ownership of real property,” and to revise the definition of the term “picture identification”; amends § 23-31-215 to provide that SLED must issue a permit to carry a concealable weapon to a resident or qualified nonresident upon proper application, to provide that a qualified nonresident may submit proof of ownership of, or provide SLED with the address for, real property he owns in this state to satisfy the proof of residence requirement, to provide that SLED must conduct a background check of a qualified nonresident through the sheriff of the county where he owns real property in this state, and to revise the provisions that provide for the revocation and renewal of a permit; and amends § 23-31-520 to revise the types of firearms subject to regulation and to provide that a local government may not confiscate a firearm or ammunition unless incident to an arrest. Effective June 9, 2006. Construction permits. Act No. 329 (R364, S1346) adds § 48-1-115 to provide that DHEC shall provide public notice prior to the issuance of a construction permit for a facility that stores sludge or other residuals and that is not located at the site of a permitted wastewater or sludge treatment facility. Effective June 2, 2006. Criminal Domestic Violence Study Committee. Rat. No. 251 (H4513) extends the time the CDV Study Committee has to report its findings from February 15, 2006, to June 1, 2006. Effective March 15, 2006. Dissolution of special purpose districts. Act No. 343 (R449, S1427) amends § 4-11-290 to revise the conditions and requirements under which a special purpose district may be dissolved and to allow and provide a method for a district to be dissolved if the district has outstanding indebtedness payable from revenues derived from the provision of one or more governmental services. Effective June 10, 2006. DHEC. Act No. 307 (R328, S1263) adds § 44-1-165 to establish within DHEC a program to provide a voluntary expedited process for review of permit applications; to require the Department to promulgate regulations for the administration of the program, including expedited process application fees; to create a pilot program to test and evaluate the economic and administrative benefits of a statewide review program; and to create an expedited review fund through the imposition of the expedited process application fees and provide for the administration and use of this fund. Effective May 24, 2006. DHEC rulings. Act No. 364 (R426, H4692) amends § 44-1-150 to provide that violations of rulings and orders, among other things, issued pursuant to the DHEC’s general authority provided for in § 44-1-140 are subject to a civil penalty not to exceed $1,000 per day for each violation, provide that DHEC shall submit these fines to the State General Fund and provide an exception for fines levied for control of industrial plants or areas regulated by the S.C. Occupational Health and Safety Act; and amends § 44-7-3440, relating to the requirement that hospital personnel and trainees wear identification badges, so as to further specify that first or last names and initials may be used on such badges. Effective June 9, 2006. Flags flown at half-staff. Act No. 262 (R261, H4319) amends § 10-1-161 to provide when flags which are flown atop the State Capitol Building must be flown at half-staff, when the Governor may order the flags flown at half-staff and the procedure for raising and lowering flags flown at half-staff. Effective March 29, 2006. Funeral services. Act No. 391 (R346, H4965) adds § 16-17-525 to make it unlawful for a person to willfully, knowingly or maliciously disturb or interrupt a funeral service and to make it unlawful to undertake an activity at a cemetery, other than decorous participation in a service or visitation at a burial space and to provide penalties. Effective June 14, 2006. Judicial review of administrative decisions. Act No. 387 (R398, H3285) amends various Code sections to provide for the review of administrative decisions and orders made by certain governmental bodies and agencies in certain circumstances, including the State Human Affairs Commission, State Employee Grievance Committee, Department of Agriculture, Commission for the Blind, Commissioner of Agriculture, State Crop Pest Commission, Director of Livestock-Poultry Health Department of Clemson University, DHEC, State Ports Authority, Division of Aeronautics, State Board of Education, Commission on Higher Education and Coastal Zone Management Appellate Panel, by an ALJ with the decisions appealed to the SC Court of Appeals; provides that a final decision of an ALJ involving DHEC may be appealed as a matter of right to the S.C. Court of Appeals and to provide exceptions. Effective July 1, 2006 and applies to any actions pending on or after that date. No pending or vested right, civil action, special proceeding or appeal of a final administrative decision exists under the former law as of that date, except for appeals of DHEC Ocean and Coastal Resource Management and Environmental Quality Control permits that are before the Administrative Law Court on July 1, 2006. For those actions only, DHEC shall hear appeals from the ALJs in accordance with the former law. Thereafter, any appeal of those actions shall proceed as provided in this act for review. For all other actions pending on July 1, 2006, the action proceeds as provided in this act for review. Law Enforcement Training Council established. Act No. 317 (R311, H3977) adds Chapter 23 to Title 23 to establish the Law Enforcement Training Council, to establish a program of training for law enforcement officers and other persons employed in the criminal justice system and to provide that the council shall oversee the activities of the South Carolina Criminal Justice Academy; amends various Code sections to update language to conform to these changes; and repeals Article 9, Chapter 6, Title 23, relating to the Department of Public Safety’s Division of Training and Continuing Education. Effective May 30, 2006. Office of Regulatory Staff. Act No. 393 (R355, S766) amends § 58-23-40 to prohibit a motor vehicle carrier from advertising or holding out as an operator for the transportation of persons or property without first having obtained a certificate from the Office of Regulatory Staff; amends § 58-23-80 to extend the penalties for violations relating to regulation of motor carriers with respect to the Office of Regulatory Staff to make it unlawful for corporate officers, agents, employees or other persons advertising as a passenger carrier, or as a carrier of household goods or hazardous waste for disposal, to violate or aid or abet a violation of motor carrier regulations or the certification and registration requirements for motor carriers, respectively, to impose criminal penalties for violations and to provide that these new offenses must not be charged more than once for a single load. Effective June 14, 2006. Prescription Monitoring Act. Act No. 396 (R406, H3803) adds Article 15, Chapter 53, Title 44 to enact the Act. Authorizes DHEC’s Bureau of Drug Control to establish a program to monitor the prescribing and dispensing of schedule II-IV controlled substances by professionals licensed to do so, to provide the manner and procedures under which these professionals are to provide such information to DHEC, to provide for the use, confidentiality and authorized disclosure of this information and to provide criminal penalties for violations related to reporting requirements and for improper disclosure of such information; and amends § 44-53-360 to provide that prescriptions for controlled substances in schedules II-IV must not exceed a 31 day supply, to provide that prescriptions for schedule V controlled substances must not exceed a 90 day supply and to provide that a pharmacist or practitioner does not have a duty to obtain information from the prescription monitoring program and is not liable for obtaining or not obtaining such information. Effective June 14, 2006. Public Service Commission and Regulatory Staff. Act No. 318 (R321, S1082) amends various Code sections, all relating to various powers, duties and functions of the Public Service Commission, to conform these provisions to Act 175 of 2004, which created the Office of Regulatory Staff and which, among other things, devolved certain powers, duties and functions of the Commission upon this office and which provided for certain shared responsibilities between the Commission and this office, and in conforming the provisions contained in this Act with Act 175 of 2004, further clarifies and specifies the powers, duties and responsibilities of the Public Service Commission and the Office of Regulatory Staff; and repeals §§ 58-5-280, -9-840, -11-590 and -27-60, all relating to certain powers of the Public Service Commission. Effective May 24, 2006. Retirement Systems Investment Commission. Act No. 264 (R278, S1094) adds § 9-16-370 to provide that the state shall defend the members and past members of the Retirement System Investment Commission and commission officers and management employees against a claim or suit based on the performance of their official duties, to require the state to indemnify them for a loss or judgment incurred by them in their official or individual capacities; amends § 9-1-1310 to provide for additional investments for the funds of the various state retirement systems; amends § 9-1-1340 to conform the conflict of interest provisions of the Retirement System Investment Commission to those of the National Guard Retirement System; amends § 9-10-60 to conform the responsibilities of the State Budget and Control Board with respect to the National Guard Retirement System to the manner of operation of the other state retirement systems and to delete redundant provisions; and amends § 9-16-360 to further define “indirect interest” and to allow the Retirement System Investment Commission to waive the standards of conduct for certain fiduciaries by contract. Effective May 2, 2006. State health and dental insurance plans eligibility extended to employees of various organizations. Act No. 316 (R296, S489) amends § 1-11-720 to allow the employees, retirees and their dependents of the Children’s Trust Fund, a residential group facility meeting certain requirements, a federally qualified health center, county First Steps partnership and Palmetto Pride to participate in the state health and dental insurance plans. Effective May 31, 2006. Temporary permits for sale of beer and wine. Act No. 259 (R273, H4421) amends § 61-6-2010 to provide that temporary permits for the sale of beer and wine for off-premises consumption which have been authorized to be issued in a county or municipality pursuant to a referendum provided for at that time may continue to be issued or reissued without the requirement of a further referendum. Effective April 8, 2006. Appropriations bill, 2006-2007. Act No. 397 (R432, H4810) provides the South Carolina state budget for fiscal year 2006-2007; provides revenues; regulates the expenditure of such funds; and further provides for the operation of state government during the fiscal year and for other purposes. Applies to the fiscal year beginning July 1, 2006. 2004-2005 surplus revenues appropriated. Rat. No. 240 (S1026) appropriates money from the 2004-2005 budget surplus, including the allocation of some funds to the State Dept. of Education for parts and fuel for the school bus fleet. Effective March 20, 2006. Breastfeeding. Act No. 269 (R289, H4347) adds § 20-7-97 and amends § 16-15-130 to allow a woman to breastfeed her child in any location where the mother and child are authorized to be and to provide that such an act is not indecent exposure. Effective May 2, 2006. Child restraint laws. Act No. 273 (R277, S800) amends § 56-5-6450 to increase the fine for violation of child restraint laws from $25 to $150. Effective May 9, 2006. First Steps to School Readiness Act. Rat. No. 226 (S947) reauthorizes the SC First Steps to School Readiness Act until July 1, 2013. Effective February 21, 2006. Infants voluntarily left at hospital. Act No. 362 (R424, H4678) amends § 20-7-85 to include a law enforcement agency, a fire station, an emergency medical services station and a staffed house of worship in the list of places a parent may leave or direct to leave an infant and receive immunity; to include these locations, as well as hospitals, in the definition of “safe haven”; to provide that such immunity attaches when an infant is left in the physical custody of a staff member or employee of a safe haven; and to provide that a law enforcement agency, fire station, emergency medical services station or a house of worship must transport an infant to a hospital when the infant is left at such a location. Effective June 12, 2006. Interstate Compact for Juveniles. Act No. 305 (R325, S1154) adds Sub-Article 22 to Article 30, Chapter 7, Title 20 so as to enact the Compact which, among other things, provides for an independent compact operating authority to administer ongoing compact activity, gubernatorial appointments of representatives for all member states on a national governing commission, rule-making authority, a mandatory funding mechanism sufficient to support essential compact operations and collection of standardized information; and repeals, upon formation of the “Interstate Compact for Juveniles,” Sub-Article 21, Article 30, Chapter 7, Title 20, relating to the Interstate Compact on Juveniles. Effective upon the formation of the “Interstate Compact for Juveniles.” Tobacco products. Act No. 231 (R224, S384) amends § 16-17-500 to also apply to distributing to and purchasing for minors any tobacco product; to provide that it is unlawful to sell a tobacco product to an individual who does not present proof of age; to provide that it is a defense to reasonably rely on the proof of age an individual provides; to provide that it is unlawful to sell a tobacco product through a vending machine unless the location is only open to individuals over 18 or unless the vending machine is under continuous control by the owner and to increase fines for violations; to provide that it is unlawful for an individual under 18 years of age to purchase or possess, or attempt to purchase or possess, a tobacco product or to offer fraudulent proof of age for the purpose of purchasing or possessing a tobacco product; to provide that a violation by a minor is a non-criminal, civil violation and, in lieu of imposing a fine, a minor may be required to attend a smoking cessation program or perform community service; to provide that a minor’s driving privileges may be delayed or restricted if the minor fails to pay the fine or complete an alternative requirement; to provide that a uniform traffic ticket may be used for citing a violation by a minor; to require law enforcement to notify the minor’s parents of the violation; to place jurisdiction of these cases only in the municipal and magistrate’s courts; and to require retail establishments selling tobacco products to train its employees regarding unlawful sales to minors; and amends § 16-17-501 to further define “proof of age” and delete the provisions disbursing fines collected. Effective August 21, 2006. Unborn Victims of Violence Act. Act No. 325 (R358, S1084) adds § 16-3-1083 to provide that a person who commits a violent crime that causes the death of, or injury to, a child in utero is guilty of a separate offense and that the person must be punished as if the death or injury occurred to the unborn child’s mother; to specify certain elements that are not required to be proven; to provide that the person must be punished for murder or attempted murder if the person intentionally killed or attempted to kill the unborn child; to prohibit imposing the death penalty for an offense prosecuted pursuant to this section; to prohibit the prosecution of a person for conduct related to an abortion if proper consent was obtained or related to medical treatment of a pregnant woman or her unborn child; and to prohibit the prosecution of a woman with respect to her unborn child. Effective June 2, 2006. Property Tax Reform Bill. Rat. No. 418 (H4450) proposed constitutional amendment to provide that taxes upon real property must be assessed in accordance with the methods provided in Article X of the state Constitution; to amend Section 6 of Article X to provide that the General Assembly shall establish a method of valuation for assessment of real property within the state; and to provide that the General Assembly by law shall provide for the terms, conditions and procedures to implement the above provisions. Effective June 7, 2006. Public employee pension plans, state retirement. Rat. No. 225 (S617) proposed constitutional amendment to delete the restrictions limiting investments of public employee pension plans to certain American-based corporations and a proposed constitutional amendment to eliminate the State Retirement Systems Investment Panel. Effective February 15, 2006. Slum clearance and redevelopment. Rat. No. 453 (S1031) proposed constitutional amendment to provide that private property must not be condemned by eminent domain for any purpose or benefit including, but not limited to, the purpose or benefit of economic development, unless the condemnation is for public use, except that in the instance of the exercise of eminent domain for the limited purpose of remedying blight, the General Assembly may provide for the private use of condemned property under certain conditions; and proposing amendments to Article I, Section 17 and Article XIV, Section 5 to delete provisions relating to treason and the exercise of the powers of eminent domain by or within Sumter, Cherokee, Spartanburg, York, Florence, Greenville, Charleston, Richland and Laurens counties. Effective June 14, 2006. Notice and Opportunity to Cure Non-Residential Construction Defects Act. Act No. 371 (R442, S807) adds Article 3 to Chapter 11, Title 40 to define various terms and to provide procedures for the right to cure nonresidential construction defects before a civil action or other remedy provided by law or contract may be instituted or continued. Effective June 9, 2006. Competitive Cable Services Act. Act No. 288 (R314, H4428) enacts the Act. Adds § 58-12-5 to provide for a legislative purpose, findings and preemption in regard to cable service and designate it as Article 1, Chapter 12 of Title 58; designates § 58-12-10 through § 58-12-130 as Article 2 of Chapter 12 of Title 58; and amends Chapter 12 of Title 58 by adding Article 3 to provide for state-issued certificates of franchise authority authorizing the applicant to offer cable service in this state under the procedures and requirements contained in this article. Effective May 23, 2006. Cooked ground beef. Act No. 338 (R401, H3640) adds § 44-1-145 to provide that ground beef prepared by a food service provider for public consumption must be cooked to at least 155°F unless otherwise ordered by the immediate consumer, to provide immunity from liability for serving beef cooked below 155°F upon request of the purchaser if the food service provider provides advance written notice of the risks of eating such ground beef and to provide that a consumer or purchaser must be 18 years of age or older to order beef cooked below 155°F. Effective June 8, 2006. Counterfeit marks. Act No. 348 (R393, H3051) amends § 39-15-1190 to further define a “counterfeit mark,” to establish felonies for the use of, trafficking in and production of a counterfeit mark, to provide for seizure and sale of items in connection with the use of a counterfeit mark and to provide for investigatory powers of the Secretary of State; and adds § 39-15-1195 to provide for seizure and forfeiture to law enforcement agencies of property involved in the criminal violations established for counterfeit marks and provide the procedures applicable for this seizure and forfeiture. Effective June 12, 2006. Debtor’s interest. Act No. 300 (R300, S862) amends § 15-41-30 to provide that the exemption from attachment, levy and sale granted to a debtor’s interest in property used as a debtor’s residence does not exceed $50,000, to provide that the exception for the aggregate value of multiple homestead exemptions not exceed $100,000 and to provide for the manner in which the above dollar amounts shall be adjusted annually to reflect the change in the Consumer Price Index. Effective May 25, 2006. Electric and natural gas service. Act No. 313 (R374, H4404) adds various Articles to the Code to require municipalities furnishing electricity or natural gas to their citizens, special purpose and public service districts, electric cooperatives, natural gas companies, electric companies and the Public Service Authority to establish written procedures for termination of service due to nonpayment and to consider establishing and maintaining third-party notification programs. Effective June 1, 2006. Gasoline and diesel fuel. Act No. 370 (R441, S680) adds § 39-41-295 to provide that motor fuel may be dispensed at unattended service stations if the dispensing device has an automatic shut-off valve that is activated when the sale reaches 30 gallons and to require the dispensing device to be equipped with emergency controls and the service station with fire extinguishers. Effective June 9, 2006. Non-ionizing radiation. Act No. 355 (R408, H3833) amends § 13-7-45 to provide that non-ionizing radiation registration is for commercial establishments for the tanning of human skin and to provide that DHEC may retain up to $30,000 for the administration of this program. Effective June 9, 2006. Price gouging. Act No. 374 (R372, H4316) amends § 39-5-145 to prohibit price gouging upon an out-of-state declaration of a state of emergency or disaster resulting in abnormal disruption of the market in certain commodities when this state is affected and to except seasonal or other customary fluctuations in price. Effective June 14, 2006. Prescription Drug Discount Card Registration Act. Act No. 377 (R403, H3711) amends Chapter 17, Title 37 to provide for the registration with the Dept. of Consumer Affairs of discount medical plan organizations, marketers and representatives engaged in the sale, marketing, promotion, advertisement or distribution of discount medical plans or other purchasing devices or mechanisms; to provide disclosures required upon application; to provide exemptions from regulation under the Act; to provide remedies for violations of the Act, in addition to and cumulative of other penalties in Title 37 and in the S.C. Unfair Trade Practices Act; and to provide the authority of the Dept. of Consumer Affairs to promulgate regulations to effectuate the purposes of this Act. This act takes effect on January 1, 2007; however, no later than October 31, 2006, the South Carolina Dept. of Consumer Affairs must prepare and have the registration forms required by this Act ready for distribution and use by persons registering under this Act. Ticket reselling. Act No. 367 (R435, H4847) adds § 39-5-36 to provide that a person or firm who resells tickets to an event for more than $1 above the original price violates the S.C. Unfair Trade Practices Act and to define the term “original ticket seller;” and amends § 16-17-710 to provide an exception for the resale of tickets to an event under certain circumstances, to define the terms “open market event ticket” and “permitted physical location” and to provide a penalty. Effective June 9, 2006. Corporate, Banking and Securities Bank or trust company. Act No. 308 (R332, S991) amends § 34-21-40 to further provide for acceptable forms of security for funds received and held in trust by a bank or trust company. Effective June 1, 2006. Broker-dealer renewal fee. Act No. 331 (R366, S1363) amends § 35-1-405, relating to federal covered investment adviser notice filing requirements set forth by the S.C. Uniform Securities Act of 2005 to provide the correct citation; and amends § 35-1-702 to provide that the correct fee for a broker-dealer renewal is $110. Effective June 7, 2006. Economic Development Incentive Act. Act No. 384 (R437, H4874) adds § 12-6-3589 to provide for a credit against the state corporate income tax for costs incurred by a manufacturing facility in complying with whole effluent toxicity testing, the amount of the credit and a 10 year carry forward period and to define “manufacturing facility”; amends § 12-6-2250 to provide for the calculation of apportioned income using sales figures; amends § 12-6-3360 to include a bank and a licensed general contractor as taxpayers who may qualify for the job tax credit; amends § 12-6-3375 relating to the tax credit for use of the state’s port facilities; amends § 12-6-3410 to include a bank’s headquarters in the tax credit for corporate headquarters and to redefine “company business unit”; amends § 12-10-80 to allow for a reduction against the job development tax credit for taxes due and to include certain employee relocation expenses as qualifying expenses; amends § 12-20-110 to include a certified community development entity to the list of entities to which corporation license fees provisions do not apply; amends § 12-36-2120 to exempt construction materials used in building a single manufacturing and distribution center with certain minimum investments from the state sales tax; amends § 12-44-130 and § 12-44-140 relating to the fee in lieu of property taxes, so as to correct a cross reference; amends §§ 4-12-30 and -29-67 to reduce the minimum investment requirement, to delete certain investments from a four percent minimum assessment ratio and to provide that property titled in a county’s name is private property for purposes of an industrial development park; amends § 12-6-3360 to provide for a higher tier of credit to the job tax credit in certain circumstances and to provide for income data to be determined by the average per capita income of the county or the state, to provide for a credit for a taxpayer operating an extraordinary retail establishment; amends § 12-21-6520 to further define “tourism or recreational facility”; and adds § 12-21-6590 to provide that only four extraordinary retail establishments may be designated, that sales tax, rather than admissions tax, be determinative for this purpose and to define “infrastructure improvements” to include an aquarium or natural history exhibit or museum in connection with the establishment, as well as other expenditures directly supporting the construction or operation of the establishment. Effective June 14, 2006. Electronic ballot authorized for nonprofit organization. Act No. 255 (R269, H3196) amends § 33-31-708 to authorize the use of an electronic ballot in an action taken by ballot of a nonprofit corporation. Effective April 8, 2006. Industry Partners Act. Act No. 319 (R343, H4840) adds § 13-17-88 to provide for a target program of excellence within each of the three South Carolina Research Innovation Centers and to focus on the application, development and commercialization of the basic research being undertaken by the centers, for funding of the programs with a view toward attracting industry partners in their efforts, for an industry partnership fund offering tax credits to contributors toward the efforts and for administration and implementation by the S.C. Research Authority; adds § 12-6-3585 to provide for the parameters of the state income tax, insurance premium tax or license fee credit for contributions to the industry partnership fund; amends § 13-17-40 to add the Director of the Savannah River National Laboratory to the Board of the S.C. Research Authority and to provide for an executive committee and director; amends § 13-17-83 to allow, but not require, the State Research Division to operate existing research parks; and amends § 13-17-87 to authorize the S.C. Research Innovation Centers to finance qualified companies and to clarify matters of location of centers and appointment of directors. Effective June 1, 2006. State Financial Institutions Board. Act No. 252 (R259, S1114) amends § 34-1-20 to mandate that one member of the State Board of Financial Institutions must be a restricted or supervised lender recommended by the Independent Consumer Finance Association. Effective March 24, 2006. Tax credits. Act No. 335 (R379, H4800) amends §§ 12-6-3360, -3410 and -3420 to allow the targeted jobs tax credit, the income tax credit for establishing or adding to a corporate headquarters and the tax credit allowed a corporation for construction or improvement of an infrastructure project to be claimed against the bank tax and to make conforming amendments; to further provide that the targeted jobs tax credit is available to a technology intensive facility used for computer research, development and technology; amends § 12-36-2120 to exempt certain computer equipment of a taxpayer who meets minimum investment or job creation standards from the state sales and use tax and to exempt the electricity used by that facility; and amends § 12-23-20 to exempt the electricity used by a computer technology intensive facility from the tax on the resale of electric power. Effective June 6, 2006. Drawing and summoning jurors. Act No. 224 (R211, S578) amends § 14-7-140 to provide that the computer software used for the drawing and summoning of jurors must be designed to ensure a random selection, that the physical presence of the jury commissioners is not required, that the drawing and summoning must take place publicly in the office of the clerk of court and that the Supreme Court would order appropriate procedures required to implement the provisions of this section; amends § 14-7-230 to provide that the clerk may use a computer or a responsible person to draw jurors; and amends § 14-7-1060 to provide the procedure for drawing a jury if a computer is not used pursuant to the provisions of § 14-7-140. Effective February 3, 2006. Arrest by NC or GA police officer. Act No. 230 (R223, S293) amends § 17-13-47 to allow a law enforcement officer from Georgia or North Carolina who enters South Carolina in fresh pursuit of a person the same authority to arrest the person within this state under certain circumstances and to provide the procedures to determine the lawfulness of the arrest, the release of the arrestee and the arrestee’s extradition. Effective February 17, 2006. Crimestoppers Act. Act No. 380 (R419, H4456) adds Chapter 50 to Title 23 to enact the Act to provide for the purpose of Crimestopper organizations, to provide for definitions of various terms, to establish the S.C. Crimestoppers Council and its duties, to provide that a court may order a defendant to repay to a Crimestoppers organization or to the Crimestoppers Council a reward issued by either entity, to provide for the reimbursement of monies paid by these groups for information that results in the arrest of an individual where monies are confiscated and forfeited pursuant to an arrest and for the maintenance and disbursement of these funds, to provide for the admissibility and the release of certain evidence, protected information and protected identities in a court proceeding, to provide that it is unlawful for certain persons to intentionally or knowingly divulge, or a public body to disclose certain privileged communication, protected information or a protected identity under certain circumstances and to provide immunity from civil liability for certain persons who communicate or act on privileged communication or are officers or employees of a Crimestoppers organization or the Crimestoppers Council; repeals § 44-53-583 relating to reimbursement of certain monies to a Crimestoppers organization; amends § 16-3-1525 to revise the methods of providing information about an arrested person to certain crime victims and to define the term “pattern”; and amends § 16-3-1230 to revise the instances upon which a claim for an award from the victim’s compensation fund on behalf of a minor or incompetent person may be filed and to revise the circumstances when the deadline for filing a claim may be extended. Effective June 14, 2006. Criminal offenses created for involuntary servitude. Act No. 266 (R284, H3060) amends § 16-3-930 to create the offense of trafficking in persons for forced labor or services and to provide definitions, penalties and an exception for persons in the custody of a correctional facility. Effective May 2, 2006. Juvenile Justice Department. Act No. 363 (R425, H4687) amends § 20-7-6840 to provide that intensive supervision services are among the community-based programs the Dept. of Juvenile Justice provides, to specify that juveniles who require enhanced supervision, monitoring and contacts or a higher level of treatment must be assigned to intensive supervision services and to further provide for the scope and delivery of these services. Effective June 9, 2006. Parole and pardon authority for juveniles. Act No. 309 (R353, S601) adds § 20-7-8303 to provide that the Dept. of Juvenile Justice shall determine the release of juveniles adjudicated delinquent for a status offense or misdemeanor and the revocation of release for juveniles who have violated probation for these offenses and to provide that the Board of Juvenile Parole shall determine the release and revocation of release of juveniles for all other offenses; amends various Code sections all relating to the duties and responsibilities of the DJJ and the Board of Juvenile Parole, to conform them to the provisions of this Act; and amends § 20-7-8305, relating to additional duties of the Board of Juvenile Parole, to conform it to the provisions of this Act and to require the Department to develop written guidelines for the release of juveniles for whom the Department is responsible for determining their release. Effective April 1, 2007. Protection of Persons and Property Act. Act No. 379 (R412, H4301) adds Article 6 to Chapter 11, Title 16 to enact the Act, to define various terms, to authorize the lawful use of deadly force against an intruder or attacker in a person’s dwelling, residence or occupied vehicle under certain circumstances, to provide exceptions, to provide that there is no duty to retreat if the person is in a place where he has a right to be, including the person’s place of business, and the use of deadly force is necessary to prevent death, great bodily injury or the commission of a violent crime, and to provide that a person who lawfully uses deadly force is immune from criminal prosecution and civil action and may not be arrested unless probable cause exists that the deadly force used was unlawful; amends § 16-1-60 to add trafficking in cocaine base to the list of violent crimes; and adds § 16-23-415 to create the offense of taking a firearm or other weapon from the person of a law enforcement officer and to provide a penalty. Effective June 9, 2006. Sex offenders. Act No. 342 (R447, S1267) amends § 16-3-20 to add to the list of aggravating circumstances for the punishment of murder that the murder was committed by a person deemed a sexually violent predator; amends § 16-3-655 to revise the penalties for criminal sexual conduct with a minor and to provide for the imposition of the death penalty for repeat offenders under certain circumstances; amends § 23-3-460 to provide for registration with the Sex Offender Registry bi-annually rather than annually; amends § 23-3-530 to provide certain nonexclusive requirements that must be included in the protocol manual developed by SLED for the Sex Offender Registry; amends § 23-3-540 to establish the persons who shall or may be electronically monitored and to establish the procedures for monitoring these persons; amends § 23-3-550 to revise the offense of assisting or harboring unregistered sex offenders; adds § 17-23-175 to provide a procedure for allowing an out-of-court statement made to a third party by a child victim or child witness to be admissible in a General Sessions or Family Court; and amends § 17-25-45 to provide that the sentence for the prior conviction does not have to be served or completed before a person may be sentenced pursuant to this section to life without parole. Effective July 1, 2006. Sex Offender Accountability and Protection of Minors Act of 2006. Act No. 346 (R388, S1138) amends § 16-3-655 to revise the penalties for criminal sexual conduct with a minor and to provide for the imposition of the death penalty for repeat offenders under certain circumstances; adds § 17-23-175 to provide a procedure for allowing an out-of-court statement made to a third party by a child victim or child witness to be admissible in a general sessions or family court; amends § 23-3-540 to establish the persons who shall or may be electronically monitored and to establish the procedures for monitoring these persons; adds § 23-3-545 to provide a procedure for the handling of persons convicted of willfully violating a term or condition of electronic monitoring. Effective July 1, 2006, except that the provisions regarding the requirements of active electronic monitoring of certain offenders by the Department of Probation, Parole and Pardon Services does not take effect until the General Assembly funds the Department to the extent necessary to implement those provisions. Charter School Act of 2005. Act No. 274 (R283, H3010) provides for the creation of a South Carolina Public Charter School District, its governance and its powers and duties, and provides for the manner in which a charter school, including those sponsored by the South Carolina Public Charter School District, must be formed, funded, regulated and governed; and amends §§ 59-18-900 and -920 to require charter schools to report data to the Department of Education to generate a report card and to provide that the Department by regulation shall establish procedures for this data reporting. Effective May 3, 2006. Clemson University capital improvement bond. Rat. No. 421 (H4662) amends Act 1377 of 1968 to revise, reallocate and rename certain bond authorizations for Clemson University. Effective June 12, 2006. Financial Literacy Trust Act. Act No. 382 (R427, H4707) adds § 59-29-440 through § 59-29-570 to enact the Act, which is an initiative for improving financial literacy by providing grants to school districts to provide financial literacy instruction for students in grades K-12; establishes goals for this initiative; establishes the S.C. Financial Literacy Board of Trustees to provide that it shall oversee the financial literacy trust and to establish the purposes of the Board and its composition, functions and duties; provides for a fund to accept public and private monies and provide that no state funds may be used for the Financial Literacy Initiative; provides for the functions and duties of the office implementing and operating the initiative; and provides the procedure for applying for a grant, establish fiscal guidelines and evaluation requirements; amends § 12-6-5060 to authorize contributions to the Financial Literacy Trust through individual income tax returns; repeals §§ 59-29-420 and -425, both relating to a Financial Literacy Fund; and provides the intent. Effective June 14, 2006. Released Time Credit Act. Act No. 322 (R352, S148) adds § 59-39-112 to provide that a school district Board of Trustees may award high school students no more than two Elective Carnegie Units for the completion of released time classes in religious instruction and to provide that the released time classes must be evaluated on the basis of purely secular criteria. Effective June 2, 2006. Safe Schools Act. Act No. 353 (R400, H3573) adds Article 2 to Chapter 63 of Title 59 to prevent school harassment, intimidation or bullying; to instruct local school districts to adopt a policy prohibiting harassment, intimidation or bullying that includes certain components; to provide that the State Board of Education shall develop model policies; to provide that the policy must be incorporated into the training programs; and to define certain terms. Effective June 12, 2006. School bus driver required to have a physical. Act No. 351 (R396, H3109) adds § 59-67-160 to provide that a school bus driver shall have a physical examination performed by a physician, nurse practitioner or physician assistant before the testing required to operate a school bus and provide for the reporting of the results of the examination. Effective June 9, 2006. School term. Act No. 260 (R274, H4429) adds § 59-1-425 to provide for the length of the school term, the beginning of the school term, the use of instructional and other days and provisions and procedures for make-up days; and repeals §§ 59-1-420, -430 and -440. Effective April 8, 2006. State Assessment Program. Act No. 254 (R262, H4328) authorizes the Budget and Control Board to request proposals for conducting a study to determine the feasibility and cost of converting the State Assessment Program to a computer-based or computer-adaptive format; amends the Education Accountability Act and educational standards and assessment programs to define certain terms to provide certain assessments, to provide percentage weightings for grades 3-6, to create a task force to recommend alternative evidence and procedures for graduation requirements, to provide for continuing teacher education, to mandate that the State Board of Education administer annually the National Assessment of Education Progress and to mandate that the Dept. of Education convene annually to provide for continuing teacher training to ensure the valid and reliable use of assessments, to provide that the readiness assessment must be modified to provide information on student literacy development, to provide that the State Board of Education shall administer annually the National Assessment of Education progress to obtain an indication of student performance relative to national performance and to provide that the Dept. of Education shall convene annually its team of curriculum experts to analyze the results of the assessments; amends §§ 59-18-1595 and -28-200 to change references to the Palmetto Achievement Challenge Test; and repeals Chapter 30 of Title 59 relating to the Basic Skills Assessment Program. Effective March 24, 2006. Sign language. Act No. 326 (R359, S1107) amends § 59-17-130 to provide that a school district may give credit as a world language to a pupil who satisfactorily completes a high school course in American Sign Language and to provide for the development of standards for these teachers. Effective June 1, 2006. Trident Technical College. Act No. 368 (R438, H5001) adds § 59-53-450 to provide for a “Main Campus” and an “Enterprise Campus” at Trident Technical College; designates § 59-53-410 through § 59-53-450 as Subarticle 1 and entitled “General Provisions” of Article 5, Chapter 53, Title 59; and adds Subarticle 3 to Article 5, Chapter 53, Title 59 so as to provide for the powers and duties of the commission for purposes of the further development of the Main Campus, to provide for the creation of the Trident Technical College Enterprise Campus Authority and to provide for its powers and duties. Effective June 12, 2006. S.C. Retirees and Individuals Pooling Together for Savings Act. Act No. 233 (R231, H3221) changes the S.C. Retirees and Individuals Pooling Together Act to the Gap Assistance Pharmacy Program for Seniors (GAPS) Act and provides that the program created within the S.C. Dept. of Health and Human Services must coordinate with Medicare Part D to provide low income senior residents assistance with the cost of prescription drugs during the annual Medicare Part D coverage gap, to require that a participant be enrolled in a GAPS participating Medicare Part D drug plan, to clarify other eligibility criteria and to specify that an enrollee is entitled to benefits when the enrollee’s annual out-of-pocket drug expenses reach the point that standard Medicare Part D benefits are no longer available and that benefits terminate when the participant’s annual out-of-pocket expenses reach the point that catastrophic Medicare Part D benefits become available; and repeals Chapter 130, Title 44, relating to the S.C. Seniors’ Prescription Drug Program Act. Effective February 21, 2006. Special investigative unit established within SLED. Act No. 301 (R301, S1116) adds Article 10, Chapter 3, Title 23 to establish the Vulnerable Adults Investigations Unit; amends § 43-35-10 to revise the definitions of “facility” and “investigative entity”; amends §§ 43-35-15 and -35 to provide that the Vulnerable Adults Investigations Unit shall receive and coordinate referrals or reports of abuse, neglect, exploitation and deaths of vulnerable adults in facilities operated by or contracted with the Dept. of Mental Health or the Dept. of Disabilities and Special Needs, to provide that the unit shall investigate or refer to law enforcement those reports having reasonable suspicion of criminal conduct, to clarify that the Long-term Care Ombudsman and the Adult Protective Services Program at the Dept. of Social Services shall investigate non-criminal reports and to further provide for the investigation of these incidents; amends § 43-35-20 to provide that the investigative entities shall have access to facilities as permitted by law; amends § 43-35-25 to further clarify the requirements for reporting abuse, neglect and exploitation of vulnerable adults and to whom reports must be made; amends § 43-35-35 to provide that all deaths of a vulnerable adult in facilities operated by or contracted with the DMH or the DDSN must be reported to the Vulnerable Adults Investigations Unit; amends § 43-35-40 to require the investigative entities reviewing reports to report cases with reasonable suspicion of criminal conduct to the Vulnerable Adults Investigations Unit; amends § 43-35-60 to require the notices that are required to be placed in facilities concerning personnel duties to contain facility contact information; amends § 43-35-80 to provide that referrals for actions of the Attorney General against a person or facility for failing to exercise reasonable care in operating a facility for vulnerable adults also may be made by the Vulnerable Adults Investigations Unit; adds Article 5 to Chapter 35, Title 43 to further provide for the powers and duties of the Vulnerable Adults Investigations Unit in the investigation of vulnerable adult fatalities and to establish the Vulnerable Adult Fatalities Review Committee and provide for its members, powers and duties; adds § 17-5-555 to require the coroner or medical examiner to report the death of a vulnerable adult to the Vulnerable Adults Investigations Unit under certain circumstances; and amends § 44-7-2910 to require criminal records checks on direct caregivers in residential programs operated by or contracted with the DMH or the DDSN. Effective May 23, 2006. Absentee ballots. Act No. 253 (R260, H3720) amends § 7-3-20 to authorize the executive director of the State Election Commission to serve as the Chief State Election Official responsible for implementing and enforcing the state’s responsibilities under the Uniformed and Overseas Citizens Absentee Voting Act; adds § 7-15-405 to require the authority charged with conducting an election to provide an absentee instant runoff ballot for voting in a potential primary runoff at least 45 days prior to the primary election to the qualified electors or the state who are eligible to vote as provided by the Uniformed and Overseas Citizens Absentee Voting Act; amends § 7-15-460, to direct the State Election Commission, in cooperation with U.S. Government agencies, to take all steps and action as may be necessary to ensure that armed services personnel during a military emergency have the opportunity to receive and cast any ballot they would have been eligible to cast if they resided in and had remained in South Carolina. Effective March 24, 2006. Absentee ballot. Act No. 284 (R309, H3414) adds § 7-17-275 to provide a procedure for a party opposing an election protest that prevails at the State Board; adds § 7-25-220 to provide that a poll worker is immune from certain actions while conducting an election; amends § 7-15-420 to provide that the managers may begin the process of examining the return-addressed envelopes for absentee ballots and tabulating those ballots at 9 a.m. instead of 2 p.m. on election day and that results of the tabulation must not be publicly reported until after the polls are closed; and amends § 7-17-260 to provide that a protest or contested case heard by the State Board must be considered an administrative action. Effective May 19, 2006, but will not be put into practice until it receives pre-clearance by the U.S. Department of Justice. Executive committee of a political party to name a replacement candidate. Act No. 337 (R397, H3166) adds § 7-11-53 to provide that if the executive committee of a political party substitutes a candidate for a general or special election, it must do so as soon as reasonably possible, to require the nomination of a substitute candidate by the executive committee not more than 30 days from the date the candidacy becomes vacant and to provide that, if a party fails to nominate a substitute candidate within 30 days, the party is prohibited from nominating a candidate for that office. Effective June 8, 2006. Legislative caucus committee may be created. Act No. 344 (R330, H3402) amends § 2-17-10 and § 8-13-1300 to provide that a legislative caucus committee may be created based upon a special legislative interest; amends § 8-13-1333 to prohibit solicitation of contributions by legislative special interest caucuses but to permit solicitation of other funds and to establish requirements for fund solicitation and use of those funds and to establish requirements to maintain financial records; and amends § 2-17-110 to prohibit financial assistance from a lobbyist, lobbyist’s principal or person acting on behalf of a lobbyist or lobbyist’s principal. Effective May 31, 2006. Polling places. Act No. 339 (R407, H3831) amends § 7-7-910 to provide that, if a designated polling place in a precinct is unavailable for use during an election as a result of an emergency situation, the authority charged by law with conducting the election shall designate an alternative polling place to be used for the electors in that precinct for any election occurring during the emergency situation, to provide that the alternative polling place is not required to be within the precinct of the elector’s residence under specified circumstances and to provide the conditions and requirements which must be met under this section. Effective June 8, 2006, but will not be put into practice until it receives pre-clearance by the U.S. Department of Justice. Substitution of a candidate when nominee dies, becomes disqualified or resigns. Act No. 256 (R270, H3721) amends § 7-11-50 to provide that the State Election Commission reviews the withdrawal of a candidate in a multi-county election or an election for a member of the General Assembly. Effective January 1, 2007. Vote recorder requirements. Act No. 223 (R210, S185) amends § 7-13-1340 to add references to optical scan voting devices and delete provisions requiring separate votes for president; and amends § 7-13-320 to delete the prohibition against combining the official ballot for presidential electors with any other official ballots. Effective February 3, 2006. Alarm system business. Act No. 292 (R334, S1147) amends § 40-79-230 to specify the national training course requirements to be licensed to engage in the burglar alarm business or the fire alarm business. Applies to persons who apply for licensure to engage in the burglar alarm business or fire alarm business on or after May 31, 2006. Athletic trainer certification. Act No. 356 (R409, H3899) amends § 44-75-50 to provide an applicant for athletic trainer certification must pass the National Athletic Trainer’s Board of Certification, Inc. examination and to delete provisions requiring specific Bachelor of Science or four-year college degree requirements. Effective June 9, 2006. Dietetics Licensure Act. Act No. 392 (R350, S103) adds Chapter 20 to establish the S.C. Panel for Dietetics under the administration of the Dept. of LLR and to provide for its members, powers and duties, to provide for the licensure and regulation of persons engaging in the practice of dietetics, including establishing criteria for licensure and license renewal, to establish the scope of practice for dietitians and to provide grounds for misconduct and penalties for misconduct, including criminal penalties. Effective July 1, 2006, except for the misconduct provisions, which become effective July 1, 2009. Fire equipment. Act No. 341 (R446, S1162) amends § 23-9-45 to further specify installation and maintenance requirements to obtain Class D fire equipment licenses and permits, to provide that fees for equipment licenses and permits may be set by the Division of State Fire Marshal in regulation and may be revised every two years and to further provide that the initial fees may not exceed the current fees of $100 for licenses and $25 for permits; adds § 23-9-35 so as to authorize the Division of State Fire Marshal to construct handicapped ramps without incurring fees or securing a permit for constructing such ramps; and adds § 6-9-14 so as to prohibit a municipality or county from charging a permit fee or require a permit for a wheelchair ramp built with Medicare or Medicaid funds if the construction is performed, overseen or inspected by an Americans with Disabilities Act inspector. Effective June 10, 2006. Identity fraud for purposes of obtaining employment. Act No. 350 (R395, H3085) adds § 16-13-515 to create the offense of identity fraud for the purpose of obtaining employment and to provide a penalty and amends § 16-13-510, relating to financial identity fraud, to revise the definition of “identifying information.” Effective June 12, 2006. Mobile dental facilities or portable dental operations. Act No. 378 (R410, H3921) adds § 40-15-172 to provide that mobile dental facilities or portable dental operations must be registered with the State Board of Dentistry and to provide registration criteria and establish facility operation requirements. Effective June 14, 2006. Practice of veterinary medicine. Act No. 294 (R336, H3615) amends Chapter 69, Title 40, relating to the practice of veterinary medicine, to conform the chapter to the statutory organizational framework of Chapter 1, Title 40 for boards under the administration of the Dept. of LLR and to further provide for the licensure and regulation of veterinarians and veterinary technicians including, but not limited to, establishing an investigative review committee, revising procedures for conducting hearings, authorizing student preceptor programs, providing procedures for veterinarians if an animal is abandoned in their custody, providing for a lien on an animal when payment for care is not made and establishing certain requirements for emergency veterinary care facilities and mobile veterinary facilities. Effective May 31, 2006. Provisions when continuing education courses not required for cosmetologists. Act No. 349 (R394, H3062) amends § 40-13-250 to exempt a person who has held a cosmetologist’s license for at least 15 consecutive years and is 60 years of age or older or has held continuous licensure for at least 30 years, is 50 years old and who has not been disciplined by the Board of Cosmetology from taking the continuing education courses; and to provide that, upon approval by the Board, an attendance form may be obtained giving continuing education credit for attendance at trade show cosmetology-related instructional programs. Effective June 9, 2006. Real estate professionals—grounds for denial of licensure or for disciplinary action. Act No. 352 (R399, H3478) amends § 40-57-145 to clarify that payment of a commission or compensation to an unlicensed individual is prohibited for conducting activities requiring a license and to further provide that a licensee may not pay or offer to pay a referral fee to an unlicensed individual who is not a party to the transaction. Effective June 12, 2006. Reserve police officers. Act No. 336 (R381, H4982) amends § 16-23-20 to include in the exceptions to the offense of the unlawful carrying of a handgun reserve police officers of a state agency; amends § 23-28-30 to provide that additional training may be prescribed by the entity having a reserve unit under certain circumstances; and amends § 16-23-30, relating to the unlawful sale or delivery of a handgun, so as to delete the term “handgun” and replace it with the term “firearm.” Effective June 2, 2006. Environment, Natural Resources and Agriculture Agricultural operation. Act No. 290 (R326, S1205) amends Chapter 45 of Title 46 to provide that, with certain exceptions, local county ordinances in conflict with state law or regulations governing or regulating an agricultural facility or operation are null and void, to define or further define specific terms, to permit a county to determine whether an agricultural use is a permitted use under the county’s land use and zoning authority, to further provide for the manner in which setback distances for agricultural animal facilities are determined and to provide that these provisions do not apply to any license or permit application for which DHEC has made a decision prior to the effective date of these provisions. Effective May 30, 2006. Computer assisted remote hunting. Act No. 258 (R272, H3879) amends § 50-11-95 to make it unlawful to engage in computer-assisted remote hunting or operate computer-assisted remote hunting facilities, as defined by this section for this purpose and to provide exceptions and penalties. Effective April 13, 2006. Diamond-back terrapin. Act No. 246 (R250, H4296) amends § 50-5-2300 to delete the authority of the Dept. of Natural Resources to grant permits to harvest and market diamond-backed terrapin, to provide that it is unlawful to take or possess diamond-backed terrapin for a commercial purpose, to provide that a person may provide no more than two diamond-backed terrapin for noncommercial purposes and to revise penalties for violations. Effective March 15, 2006. Game zones revised and reduced. Act No. 289 (R315, H4572) amends § 50-1-60 to revise and reduce the number of game zones in South Carolina; amends § 50-11-120, relating to hunting season for small game, § 50-11-150, relating to bag limits, § 50-11-310, relating to open season for antlered deer, and § 50-11-335, relating to bag limits on antlered deer, to further provide for these based on the revised game zones; amends § 50-11-350, relating to penalties for illegally taking, possessing or killing deer in certain game zones, and § 50-11-520, relating to special studies of game zones stocked with wild turkey, to revise references to particular game zones and to further provide for the season for hunting and taking male wild turkeys; amends § 50-11-708 to revise the provisions relating to the unlawful use of artificial lights in game zone 6 and make them applicable to all game zones and provide penalties for violations; amends § 50-21-710 relating to the authority of the DNR to place aids to navigation and regulatory markers in the waters of this state under certain conditions, so as to revise the manner in which the Dept. regulates the uniform marking of the waters of this state and the operation of water devices and watercraft through the use of regulatory markers; and repeals various Code sections, all relating to various wildlife and fish and game provisions. Effective July 1, 2007. Heritage Trust Program. Act No. 251 (R258, S1061) redesignates §§ 51-17-10 through 51-17-150 as Article 1 of Chapter 17, Title 51, entitled “Heritage Trust Program”; adds Article 3 to Chapter 17, Title 51, to provide for bonding authority in the S.C. DNR for land acquisition, restoration, improvement and management of properties for inclusion in the Heritage Trust Program; and adds § 51-17-85 to provide restrictions on the disposition of trust property. Effective March 28, 2006. Hog-dog fighting or events and cockfighting. Act No. 345 (R384, S229) amends § 16-17-650 to include game fowl testing in the offense of cockfighting, to define the term “illegal game fowl testing,” to increase the penalties, to provide for forfeiture of certain property gained or used in a violation of this offense and to require game fowl breeders and testing facilities to comply with regulations regarding avian influenza preparedness and testing; amends § 16-27-50, relating to the seizure of animals when a person violates the provisions of the Animal Fighting and Baiting Act, to provide that the provisions of the offense of cruel work of animals apply and to provide that a violation of the Act must be considered as cruel treatment of an animal and the owner must be deemed unfit; adds § 16-27-55 to allow the forfeiture of certain property when a person violates a provision of the Animal Fighting and Baiting Act, to provide procedures for forfeiture and to create an exception for the innocent owner of property subject to forfeiture; amends § 16-27-80 to except dogs hunting on shooting preserves or wildlife management areas but to specifically include hog-dog fights, hog-dog rodeos and hog-dogging when betting takes place or when awards are given based on the ability of a dog to catch a hog under certain circumstances; and amends § 44-53-530 to provide procedures for a defendant or his attorney to provide written notice of the person’s interest in the property seized. Effective June 12, 2006. Natural resource enforcement officers. Act No. 311 (R369, H4165) amends § 50-3-316 to revise the residency requirements for natural resource enforcement officers and to delete provisions pertaining to the funding of the compensation of these enforcement officers. Effective June 1, 2006. Shooting preserves. Act No. 306 (R327, S1208) amends Article 7, Chapter 11, Title 50 to revise the manner of their establishment and licensing of shooting preserves, the legal shooting preserves species and other provisions pertaining to the operation of shooting preserves. Effective May 24, 2006. Timber deed. Act No. 248 (R253, H4594) adds § 12-6-5595 to provide that conveying by timber deed the right to cut standing timber for a period of time over 30 years is not recognized as a gain under § 1031, IRC or comparable state law. Effective March 17, 2006. Birth certificates. Act No. 324 (R357, S1032) amends § 44-63-100 to change the designation of “delayed birth certificate” to “certificate of birth established by court order” and to further specify the procedures for obtaining such a certificate, including requiring attachment of a certification to the petition from the State Registrar of Vital Statistics stating that no birth record has been located and requiring that additional information be included in the order establishing the record of birth; and amends § 44-63-165 to specify the statutory law under which an acknowledgement of paternity must be issued when determined by the court. Effective June 6, 2006. Custody of minor children. Act No. 249 (R256, S137) amends § 20-7-420 to allow the family court to place a minor child placed in the custody of the child’s de facto custodian under certain circumstances; adds § 20-7-1540 to define “de facto custodian” and to specify the circumstances under which custody or visitation of a minor child may be awarded to a de facto custodian. Effective March 24, 2006. Name change requirements. Act No. 229 (R222, S141) amends § 15-49-20 to provide that a petitioner seeking a name change must sign an affidavit stating he has never been convicted of a crime under a different name other than the name in which he is making the request, to create the offenses of knowingly and willfully falsifying an affidavit by a person required to be registered pursuant to the sex offender registry under certain circumstances, to provide penalties for these violations and to exempt a person desiring to resume her maiden name from the requirements of this section. Effective February 17, 2006. Code of Laws. Rat. No. 241 (S1097) adopts revised Code Volumes 11 and 18 as the only general permanent statutory law of the state as of January 1, 2006. Effective March 15, 2006. Procurement Code supersedes any other conflicting law. Act No. 376 (R386, S572) adds § 11-35-25 to provide that the S.C. Consolidated Procurement Code supersedes any other conflicting law; adds § 11-35-3850 to provide for the sale of unserviceable supplies by a governmental body; adds § 11-35-4420 to provide that the chief procurement officer and the affected local governmental body have the opportunity to participate fully in matters pending before or appealed from the procurement review panel; amends various sections, all relating to the S.C. Consolidated Procurement Code, to, among other things, delete references to the Office of General Services or Division of General Services of the State Budget and Control Board and replace them with the terms “Chief Procurement Officer,” “Designated Board Office” or “Designated Board Officer,” and to provide further that the Chief Executive Officer of the State Budget and Control Board designate the appropriate office or subdivision of the board, officer or position of the board; replaces references of procurement requirements for “goods and services” with “supplies, services and information technology,” to refine and conform various competitive bidding modes, to increase maximum dollar thresholds in several instances, to reduce the potential bidders to be ranked in certain contracts, to reduce the contract amount allowing waiver of a bond and security and to adjust small purchase thresholds and agency baseline certification, to provide that a governmental body shall have certain goals for its total dollar amount of funds expended with regard to a minority business enterprise and to increase the tax credit for dealing with an MBE to $50,000 annually over 10 years, to shorten the protest deadline and to provide that the chief procurement officer and an affected governmental body have the opportunity to participate fully in a review or appeal of an administrative or legal decision made pursuant to the procurement code; amends § 12-6-3350 to increase the tax credit for state contractors and subcontractors with minority firms to $50,000 annually for 10 years; repeals Subarticle 11 of Article 1, Chapter 35, Title 11, relating to the acceptance of gifts in kind of architectural and engineering services by a governmental body; and amends § 11-35-1270, relating to authority to contract for certain services, and Subarticle 5 of Article 15, Chapter 35, Title 11, relating to the continuation of certain provisions of law. Effective 13, 2006. Procurement process. Act No. 375 (R385, S368) adds § 11-35-3215 to provide a preference in the state procurement process for a resident design professional, to provide exceptions, to require an award to a resident or a nonresident of a contract involving design services to have a written determination explaining why the award was made and to define “design services” and “resident” for this purpose. Effective June 14, 2006. Proposed municipalities’ requirements. Act No. 239 (R239, S961) amends § 5-1-30 to require that an area seeking to be incorporated file a proposal for providing either directly or indirectly a substantially similar level of law enforcement services to the area’s existing law enforcement coverage prior to seeking incorporation. Effective March 15, 2006. Definition changes to the Anesthesiologist’s Assistance Practice Act. Act No. 321 (R351, S142) amends § 40-47-1210 to revise the definitions of “anesthesiologist” and “supervising anesthesiologist” by adding the American Osteopathic Association as a recognized entity for approval of anesthesiology programs and to revise the definition of “sponsoring anesthesiologist” to further specify professional requirements and to provide that the sponsoring anesthesiologist also may be the supervising anesthesiologist; amends § 40-47-1240 to allow a board designee to review the qualifications of an applicant for licensure as an anesthesiologist’s assistant; amends § 40-47-1245 to change the term from a supervising to a sponsoring anesthesiologist; amends § 40-47-1250 to authorize an anesthesiologist’s assistant to be supervised by a supervising, rather than a sponsoring, anesthesiologist; amends § 40-47-1275, relating to the procedure required when the relationship between an anesthesiologist’s assistant and a supervising anesthesiologist is terminated, to change the term to a sponsoring anesthesiologist; and amends § 40-47-1295, relating to fees for anesthesiologist’s assistants, to change the name of a supervisor fee to a supervisor sponsor fee. Effective June 2, 2006. DHEC to include guidelines for administration of epinephrine. Act No. 320 (R349, S66) amends §§ 44-61-120, -130 and -330 to require DHEC to include guidelines for the administration of epinephrine in the Comprehensive Statewide Emergency Medical Services Plan; clarifies that EMTs may possess certain controlled substances while on duty; and requires guidelines for the administration of epinephrine to a child suffering from a severe allergic reaction. Effective June 2, 2006. Facility licensed by DHEC has duty to report accidents. Act No. 372 (R444, S1058) amends §§ 40-71-20 and 44-30-60 to clarify that a facility or activity licensed by DHEC has a duty to report accidents and incidents pursuant to DHEC’s regulations and to further provide that information so reported does not waive any privilege or confidentiality otherwise provided for by this section; and amends § 44-7-315, relating to disclosure of information to and by DHEC regarding a facility or home, so as to clarify that this section does not apply to information considered confidential by certain other provisions of law. Effective June 9, 2006. Health care power of attorney. Act No. 365 (R431, H4773) amends § 62-5-504 to conform the South Carolina statutory form for the health care power of attorney, to provide further for a successor agent, to include a HIPAA authorization, to clarify designation choices in connection with tube feeding and to provide for an optional acknowledgement by a notary public; and amends § 62-7-405 to delete the requirement that a charitable trust instrument or report be filed with the Attorney General. Effective for health care power of attorneys executed on or after January 1, 2007, and effective on June 9, 2006, for charitable trusts. Hospital Infections Disclosure Act. Act No. 293 (R335, S1318) adds Article 20 to Chapter 7, Title 44, to enact the Act and to require hospitals to collect data and submit reports to DHEC on hospital acquired infection rates, provides for an advisory committee to assist DHEC in developing the methodology for data collection and analysis, provides for patient privacy, provides for publication and availability of these reports to the public and to provide that compliance with this article is a condition of hospital licensure. Effective May 31, 2006. Medical Examiners Board. Act No. 385 (R387, S881) amends Articles 1 and 3, Chapter 47, Title 40 to provide for the composition of the State Board of Medical Examiners and provide for its powers and duties, including, inter alia, for licensing requirements and procedures; to provide for the Medical Disciplinary Commission, its composition, powers and duties, including, inter alia, for procedures and penalties for disciplinary action by the Commission; to define certain terms; to provide that osteopathic physicians and surgeons have the same rights and privileges as physicians and surgeons of other schools of medicine with respect to certain circumstances; to provide for the review of Board actions by the Administrative Law Court; and to provide that an expert medical witness must possess a SC medical license. Effective June 9, 2006. By order dated August 24, 2006, the Supreme Court has temporarily delayed judicial enforcement of Act 385 of 2006 insofar as the Act requires a physician to obtain a license to practice medicine in South Carolina before offering expert medical testimony in a South Carolina administrative or court proceeding. Organ and tissue donor. Act No. 334 (R373, H4348) amends Chapter 43, Title 44 to provide that an emblem must be embedded on a driver’s license to designate the licensee as an organ or tissue donor; deletes provisions specifically addressing eye donation, which is included in provisions relating to tissue donation and procurement; further specifies the classes having authority to consent to organ and tissue donation for a decedent; deletes the requirement that a bond must be posted when a body is given for scientific purposes; provides that a gift or donation of a body or part of a body is irrevocable if not revoked by the donor before death and no other consent is required to validate the gift; conforms references to current federal law regarding organ procurement agencies; provides that when death is imminent, or has occurred, notification of the organ procurement organization must be made in accordance with federal and state law; deletes provisions regarding certain agencies having authority to receive certain organ and tissue donations; revises procedures for death record reviewers; and makes technical corrections. Effective June 2, 2006. Physicians Assistants Practice Act. Act No. 244 (R247, H4015) amends the S.C. Physician Assistants Practice Act to provide definitions; to update and clarify the licensure, scope of practice, prescriptive authority, responsibilities and supervision requirements of physician assistants; and to provide for the conduct of investigations and disciplinary proceedings. Effective March 15, 2006. Pseudoephedrine. Act No. 275 (R286, H3591) adds § 44-53-398 to require products whose sole active ingredient is ephedrine or pseudoephedrine to be sold only in blister packaging and from behind a counter, provides that only products containing nine grams or less of ephedrine or pseudoephedrine may be sold in a single sale, requires retailers to purchase such products only from distributors registered by the U.S. Drug Enforcement Administration, requires purchasers to produce a government issued photo identification, requires a retailer to maintain a log of such sales, provides that it is unlawful to posses, manufacture, distribute or sell substances containing altered ephedrine or pseudoephedrine, provides penalties for violations, requires a retailer to provide training to employees on the requirements of this section and provides that providing such training is an affirmative defense to certain violations, and provides exemptions from the requirements of this section; adds § 20-7-105 to provide that it is unlawful to manufacture amphetamine or methamphetamine in the presence of a child, to knowingly permit a child in an environment where a person is selling, dispensing or manufacturing amphetamine or methamphetamine or where drug paraphernalia is stored for the purpose of manufacturing amphetamine or methamphetamine and provides penalties; adds § 44-53-376 to provide that it is unlawful to knowingly cause disposal of waste from the production of methamphetamine and provides penalties and further provides that a person convicted of such an offense shall make restitution to all entities involved in any emergency environmental response required due to such unlawful disposal; and establishes a study committee to review the implementation and application of this Act during the five years following its enactment. Effective November 4, 2006. Unanticipated Medical Outcome Reconciliation Act. Act No. 373 (R445, S1059) adds § 19-1-190 so as to provide that, in a claim brought by or on behalf of a patient allegedly experiencing an unanticipated outcome of medical care, certain statements, gestures, activities or conduct expressing benevolence, regret, apology, condolence, mistake or error made by a health care provider or his employee to certain persons are inadmissible as evidence and do not constitute an admission of liability or an admission against interest, to provide that a defendant in a medical malpractice action may waive the inadmissibility of certain statements and to provide that nothing in this section affects the S.C. Rules of Evidence. Effective June 9, 2006. Vocational rehabilitation training and experience requirements. Act No. 243 (R246, H3993) adds § 43-31-170 to provide the training and experience requirements for S.C. State Vocational Rehabilitation Counselors. Effective March 15, 2006. Charitable trusts. Act No. 330 (R365, S1356) amends § 62-7-405 to provide that charitable trusts are not required to be filed with the Attorney General unless required by statute, rule or regulation. Effective June 2, 2006. Estate property. Act No. 302 (R322, S925) adds § 15-61-25 to give one or more of the joint tenants or tenants in common the right of first refusal to purchase the subject property before its judicial partition. Applies to all petitions for partition filed on or after May 25, 2006. Marriage license fee. Act No. 291 (R333, S1045) amends § 20-1-230 and adds § 12-6-3381 to provide a one-time $50 non-refundable tax credit for couples that complete a qualifying premarital preparation course and to provide certain requirements for a premarital preparation course. Effective May 31, 2006. Recording of deeds. Act No. 323 (R354, S723) amends §§ 12-24-10 and -70 to provide that an instrument alienating realty to the distributee of an estate is not a deed requiring a recording fee or an affidavit. Effective June 2, 2006. Eminent Domain Study Committee. Rat. No. 452 (S1029) resolution to create an Eminent Domain Study Committee to review the condemnation authority of all entities that possess the power of eminent domain in South Carolina, the effect of governmental policy on the value and ownership of private property and the need for revision of current slum clearance and redevelopment uses of eminent domain; and to provide for its membership and for its report to the General Assembly of its findings and recommendations by March 15, 2007. Landowner and Advertising Protection and Property Act. Act |
