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This issue of the Legislative Update is a comprehensive review of all legislation passed by the General Assembly during the 2007 session. It is a report intended to provide a brief synopsis of newly enacted legislation and is generally categorized for ease of review. Please refer to the actual text of the legislation for detailed provisions.

Requests for Legislation

When requesting legislation, please refer to the Act number. Please direct requests for legislation to Katie Staden, South Carolina Bar, P.O. Box 608, Columbia SC 29202. (803) 799-6653. Fax: (803) 799-4118. Bar members can also request legislation by e-mailing kstaden@scbar.org. There will be a charge for any requests exceeding 30 pages ($.10 per page).

Any other questions relating to legislation can be directed to Kali Campbell Turner, South Carolina Bar, P.O. Box 608, Columbia, SC 29202. (803) 799-6653. Fax: (803) 799-4118 kturner@scbar.org.

General Assembly & South Carolina Code of Laws

Online legislation and regulations are available at www.scstatehouse.net. The South Carolina Code of Laws is available at this site as well.

Administrative & Regulatory

Administrative Procedures Act. Act No. 104 (R157, H3249) amends multiple sections to revise the legislative review of regulations. The Act requires that an agency submitting a regulation file the regulation with Legislative Council along with a detailed summary of proposed changes. It further requires regulations be submitted in the same underline and strikethrough format as a bill, and that the Legislative Council shall notify all members of the General Assembly when regulations are submitted for review.  Effective July 1, 2008, and applies to regulations for which a notice of a public hearing has been published in the State Register, in accordance with Section 1-23-110(A)(3) of the 1976 Code, after June 30, 2008; all other regulations under General Assembly review on this act's effective date must be processed and reviewed in accordance with the law in effect on June 30, 2008.

Alcohol Permits. Act No. 107 (R161, H3457) amends § 61-4-590 to provide that the Department of Revenue may not suspend a licensee’s permit authorizing the sale of beer or wine until the division has conducted and completed an investigation and has made an official determination; amends § 61-4-10, relating to the definition of beers, ales, porters, and wines that are considered nonalcoholic beverages, so as to increase the size of containers, and amends § 61-4-737 to allow twenty-four wine tastings by a retailer in a quarter rather than in a year. Effective June 18, 2007.

Base Load Review Act. Act No. 16 (R28, S431), a comprehensive bill, amends multiple sections of the 1976 Code to enact the Base Load Review Act. The Act provides for the establishment of a procedure allowing an investor-owned electric utility to recover from ratepayers partial costs associated with constructing a new generating facility prior to the completion of the project, requires applications for the recovery of capital costs be reviewed by the Public Service Commission, and after a satisfactory review, the Commission is authorized to issue an order establishing that, if a plant is constructed in an approved manner, the capital costs for the construction of the plant are considered prudent utility costs and can be recovered through revised rates. Effective May 3, 2007.

Beer and Wine. Act No. 14 (R34, H3218) amends § 61-4-10 to increase the percent alcohol by weight in beers, ales, porters, and similar malt beverages for specific sized containers that are considered nonalcoholic beverages; also amends § 61-4-1115 to provide that when a producer or primary American source of supply who is registered to sell beer to wholesalers in this State transfers a brand of beer to another, the assignment of territory of that brand to a wholesaler is binding on those who have acquired the brand. The successor and the existing wholesaler shall enter in good faith into a new distribution agreement consistent with state law. Effective May 2, 2007.

Cable Television Services. Act No. 8 (R20, H3396) clarifies the Competitive Cable Services Act by amending § 58-12-5, Article 3, Chapter 12 of Title 58, and § 58-9-220 in order to define and make applicable to video services. Effective March 30, 2007.

Charitable Organizations. Act No. 69 (R112, S268) amends § 33-56-30 and § 33-56-50 to allow charitable organizations to file their annual registration on the same date that financial reports must be filed. Charitable organizations that do not intend to solicit or receive excess of $7,500 during a calendar year, whether or not the fundraising activities are conducted by professional solicitors, professional fundraising counsel, or commercial co-ventures, are exempt from registration. Effective June 13, 2007.

Fraternity and Sorority License Plates. Act No. 90 (R126, H3232) amends the 1976 Code to provide for how the fees are collected for fraternity and sorority license plates and how those fees are spent. Effective June 14, 2007.

Joint Municipal Electric Power and Engineering Act. Act No. 32 (R54, S312) amends § 6-23-20, § 6-23-30, and § 6-23-40 of the 1976 Code to make grammatical changes and correct archaic language; deletes the requirement that the acquisition of a project be by purchase from an electric supplier generally serving in the area in which the members are located; and amends § 6-23-60 to add a provision requiring the Commission to take into consideration whether the acquisition would have an effect on the authority of the Joint Agency to satisfy existing financial and contractual obligations that it may have incurred in the acquisition of any previously acquired projects. Effective May 22, 2007.

Water Nuisance Abatement Act. Act No. 33 (R56, H3466) amends Title 49 of the 1976 Code by adding Chapter 30 to enact the Water Nuisance Abatement Act. The intent is to protect the waters of the state by authorizing the removal of nuisance structures from public waters in accordance with specified procedures and timetables. Effective May 24, 2007.

Wireless Technology and Communications Commission. Act No. 169 (R136, H3569), a joint resolution, creates the South Carolina Technology and Communications Study Committee for the purpose of evaluating the State’s broadband communications infrastructure and assessing the availability of and need for broadband services. Effective June 14, 2007.

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Appropriations & Budget

Appropriation Bill 2007-2008. Act No. 117 (R175, H3620) makes appropriations and provides revenues to meet the ordinary expenses of state government for the fiscal year beginning July 1, 2007, regulates the expenditure of such funds, and further provides for the operation of state government during the fiscal year and for other purposes. Effective July 1, 2007.

Appropriation Bill. Act No. 120 (R122, S784), a joint resolution, provides that if a general appropriations act for fiscal year 2007-2008 has not taken effect by July 1, 2007, appropriations and provisos contained in Act 397 of 2006 are authorized for fiscal year 2007-2008 until a general appropriations act for fiscal year 2007-2008 takes effect. Effective July 1, 2007.

Capital Reserve Bill. Act No. 122 (R176, H3621), a joint resolution, appropriates monies from the Capital Reserve Fund for Fiscal Year 2006-2007.

Contingency Reserve Fund Revenues. Act No. 121 (R174, H3471), a joint resolution, appropriates Contingency Reserve Fund revenues. Effective June 29, 2007.

The following funds were appropriated to Criminal Justice Agencies:

Administrative Law Judges: Staff Attorneys: $248,659; Business Associate: $47,900; Total: $269,559.

Attorney General: Internet Sex Predator Prosecutors & Support Staff: $561,196; Civil Environmental Attorney: $179,418; Technology Enhancement Initiative: $527,871; Administrative Staff: $25,662; State Grand Jury Gang Prosecution: $102,625; Total: $1,396,771.

Corrections, Department of: Facility Maintenance: $2,000,000; Turbeville-Operating Funds Annualization: $767,754; Broad River 250 Bed Housing Unit-FTE’s/Operating Funds: $2,685,832; Expansion of R&E Center/Quota Elimination (Kirkland & MacDougall Housing Units): $1,967,720; Operating Funds-16 Bed Lock-Up Unit at MacDougall/Wateree Institution: $500,000; Vehicle/Communication Equipment Purchases/Replacements: $500,000; Second Chance Barn: $50,000; Greer Police & Courts Complex: $450,000; Total: $8,921,306.

Indigent Defense, Commission on: Administrative Savings from Consolidating with Appellate Defense During FY 2005-2006: $190,210; Civil Appointment Fund: $2,500,000; Defense of Indigents Per Capita: $2,000,000; Death Penalty Trial Unit: $500,000; DUI Defense of Indigents: $1,000,000; Criminal Domestic Violence Annualization: $460,000; Criminal Domestic Violence Expansion: $860,000; Death Penalty Trial Fund: $50,000; Total: $7,179,790.

Judicial Department: Court Technology: $2,852,500; Travel: $1,000,000; Abbeville County Courthouse Renovation and Operation Costs: $225,000; S.C. Center for Fathers and Families: $500,000; Total: $4,577,500.

Juvenile Justice, Department of: Intensive Probation & Parole Supervision: $1,826,454; Girl’s Transition Home Annualization: $164,334; Intensive Community Services: $778,000; Critical Transportation Needs: $378,360; 800MHz Digital Radio System: $515,000; Live-Scan Fingerprint System: $120,000; Releasing Authority Implementation (act 309 of 2006): $65,170; Teen After-School Programs: $255,000; Gang Reporting & Programming: $232,088; Juveniles Experiencing Excellence Program (JEEP): $1,342,720; ACES-Attitude, Communications, Emotions, Situations: $250,000; Replacement of Obsolete Dormitories: $7,660,374; Community Advocacy Program (Proviso 39.9): $75,000; Total: $13,662,500.

Probation, Parole, and Pardon Service, Department of: GPS Monitoring (High Risk and CDV Offenders): $684,660; 2nd Year Funding for Jessie’s Law: $500,000; Recurring Charges for 800 MHz Radios: $135,681; FTE Conversion (Move 10 FTEs to State Funds): $441,870; Total: $1,762,211.

Prosecution Coordination Commission: Victim/Witness Assistance Program Annualization: $1,800,000; Employer Contribution: $59,779; Restructuring and Reclassification of Personnel: $287,499; DUI Prosecution: $1,600, 000; Solicitor’s Case Management System- 3 Circuits: $71,400; Annualization of Drug Court Funding-12th Circuit: $150,000; Saluda County Drug Court: $38,000; Total: $4,006,678.

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Constitutional Amendments

Age of Consent. Act No. 118 (R60, S389), a joint resolution, proposes to amend the South Carolina Constitution by eliminating the provision that no unmarried woman shall legally consent to sexual intercourse who is not fourteen years of age. The proposed amendment will be placed on the ballot and submitted to voters at the next general election. Effective May 29, 2007.

Eminent Domain. Act No. 15 (R26, S155) ratifies an amendment to Section 13, Article I of the Constitution to provide that private property must not be condemned by eminent domain for any purpose, unless it is for public use. In the instance of use of eminent domain for the purpose of remedying blight, the General Assembly may provide for the use of condemned property for private use under certain conditions. The legislation further revises the manner in which blighted property may be condemned to protect the health and safety of the community. Effective April 26, 2007.

General Assembly Sessions. Act No. 13 (R27, S156) ratifies an amendment to Section 9, Article III of the Constitution to provide that after the General Assembly convenes on the second Tuesday in January, both bodies may recede for a period no longer than thirty calendar days by a two-thirds vote of the receding body and that each body may provide for meetings during the legislative session at their discretion and authorize an organizational session following the election of Senators; in addition, ratifies an amendment to Article III, which deletes Section 21 to provide that neither house shall, without the consent of the other, adjourn more than three days, nor shall either body meet in any other place. Effective April 26, 2007.

Marriage. Act No. 7 (R10, H3063) amends Article XVII of the South Carolina Constitution by adding Section 15 to provide that marriage between one man and one woman is the only lawful domestic union valid or recognized in this state and the State may not create or recognize any other domestic union. Effective March 22, 2007.

Property Taxes. Act No. 12 (R25, S153) ratifies an amendment to Section 29, Article III of the Constitution to provide that taxes on real property must be assessed according to methods provided by the General Assembly in Article X of the State Constitution; in addition, ratifies an amendment to 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. Effective April 26, 2007.

S.C. Retirement System. Act No. 1 (R2, S152) ratifies voter approved amendments to Section 16, Article X of the Constitution of South Carolina, so as to remove restrictions on various state-operated retirement systems that limit investments to American-based corporations registered on an American National Exchange; also ratifies an amendment to eliminate the State Retirement Investment Panel. Effective February 13, 2007.

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Construction

Building Codes. Act No. 54 (R92, S504) amends § 6-9-40 of the 1976 Code, to provide that the procedure for modifying an existing code is the same as adopting a code and to provide procedure for an emergency building code modification. Effective June 6, 2007.

Transportation of Aluminum. Act No. 97 (R141, H3817) amends § 16-17-680 of the 1976 Code to revise provisions relating to the unlawful transportation of copper wire or copper pipe to include aluminum and products containing a mixture of copper and aluminum. An exception is provided for aluminum cans. Effective June 14, 2007.

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Corporate, Banking & Securities

Credit Unions. Act No. 51 (R87, S235), a comprehensive bill, amends multiple sections relating to credit unions. Highlights include revisions to definitions, provisions requiring the definition of membership rights, and revisions relating to the board of a credit union. The legislation provides that the powers granted by state law do not exceed those for a federally-insured financial institution. It further revises limitations on the size of a loan secured by real estate so that loan terms for residential real estate dwellings are expanded from thirty to forty years. Effective June 7, 2007.

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Courts

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.

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Criminal

Alcohol Education Program Act. Act No. 35 (R72, H3490) amends Chapter 22, Title 17 of the 1976 Code to create the Alcohol Education Program Act.  Each Circuit Solicitor has the authority to establish a program for persons who commit certain alcohol-related offenses and provide the procedures and requirements for the operation of a program.  Violators of specific offenses that are between the ages of seventeen and twenty-one are eligible for this program if there are no prior alcohol-related offenses or significant history of prior delinquency or criminal activity. A person may only participate in the program once. At the successful completion of the program, the Circuit Solicitor shall effect a noncriminal disposition and there must be no record maintained of the alcohol-related offense except by the Commission on Prosecution Coordination in order to ensure that a person does not benefit from an alcohol education program more than once. Effective June 6, 2007. All circuit solicitors shall have an alcohol education program in effect by July, 1, 2008, and no person has the right to apply until a program is established.

Arson. Act No. 101 (R153, S370) amends § 16-3-20 of the 1976 Code to add arson in the first degree to the list of crimes included in the statutory aggravating circumstances for purposes of the death penalty. Effective June 18, 2007.

ATM Safety Act. Act No. 72 (R125, H3199) amends § 16-11-380 to provide that entering a bank, depository, building and loan association, or ATM with the intent to steal is a crime. Violators are guilty of a felony and must not be fined more than $10,000 or imprisoned longer than twenty years.  Additionally panhandling in the vicinity a bank or ATM is illegal. Violators are guilty of a misdemeanor and must not be fined more than $500 or imprisoned longer than thirty days. The Act also amends § 17-25-45 to add the ATM offense to the list of serious offenses. Effective June 13, 2007

Board of Juvenile Parole. Act No. 5 (R7, S294) amends § 20-7-8303 to clarify that release for the offense of assault and battery of a high and aggravated nature must be determined by the Board of Juvenile Parole; in addition, amends § 20-7-8305 to provide that statutory procedures apply to the board and that the Department shall establish policies and procedures governing its review and release procedures. Effective March 28, 2007 and applies to juveniles committed to the Department of Juvenile Justice after March 31, 2007.

Criminal Gang Prevention Act. Act No. 82 (R109, S141), a comprehensive bill, addresses gang related issues and ways to eradicate intimidation of the public created by criminal gangs through enhanced penalties. Highlights include giving the State Grand Jury jurisdiction over criminal gang activity, outlining criminal penalties, with second and subsequent offenses carrying more severe penalties, creating a civil cause of action in favor of the State, and creating a Gang Prevention Study Committee that shall remain informed of criminal gang activity within South Carolina. Effective June 12, 2007.

Indigent Defense Act. Act No. 108 (R154, S446) amends the 1976 Code to create a Circuit Public Defender Selection Panel in each of the sixteen judicial circuits and provide a formula to establish its membership. The legislation outlines the requirements and duties of the Circuit Public Defender, including the hiring of staff. Additionally, the legislation rewrites the statute that provides for the membership of the Commission on Indigent Defense. The Commission now consists of thirteen members, nine of which are appointed by the Governor. Effective June 21, 2007.

Prevention of Underage Drinking and Access to Alcohol Act. Act No. 103 (R156, S213), a comprehensive bill, addresses underage drinking and access to alcohol and provides for the following: requires the registration of kegs, requires criminal charges be brought against both purchaser and seller in illegal transactions, requires the completion of alcohol prevention education programs under certain circumstances, and increases penalties for various violations, including the length of time for license suspensions. Effective July 1, 2007, except the provisions of Article 19, Chapter 4, Title 61 shall become effective ninety days after the approval of the governor (June 15, 2007).

Prison Industries. Act No. 68 (R110, S182) amends by adding § 24-1-285 and § 24-1-290 to provide that the Department of Corrections must work with the Department of Commerce to attract private sector businesses for the employment of inmates. The use of inmate labor may not result in the displacement of employed workers. It further provides that the Director of the Department of Corrections shall deduct certain amounts from the gross earnings of the inmates engaged in prison industry service work. Effective August 1, 2007.

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Domestic Relations

Driver’s Licenses. Act No. 46 (R73, H3525) amends by adding § 56-1-171 to provide that a person whose license has been suspended due to failure to comply with an order for child support may apply for a special route-restricted driver’s license from the Department of Motor Vehicles. This allows for travel between home and work and institutions of higher learning. Effective June 4, 2007.

Uniform Child Custody Jurisdiction Act. Act No. 60 (R104, S13) amends by adding Article 27 to Chapter 7, Title 20 so as to adopt the Uniform Child Custody Jurisdiction and Enforcement Act which revises procedures for establishing and enforcing child custody and visitation when one party resides in the state of South Carolina and the other does not; also repeals Subarticle 2, Article 9, Chapter 7 of Title 20 relating to the Uniform Child Custody Jurisdiction Act. Effective June 8, 2007.

Uniform Interstate Enforcement of Domestic Violence Protection Orders Act. Act No. 61 (R105, S15) amends by adding Article 3 to Chapter 4, Title 20 to enact the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, which authorizes the enforcement of protection orders issued in another state including terms that provide relief that the courts of this state would lack power to provide; provides immunity for law enforcement officers acting in good faith; provides an optional registration process whereby the protected individual can file a foreign order of protection with the Family Court; and makes it unlawful to knowingly file or attempt to file a false or fraudulent foreign protection order and provides penalties. The Act repeals § 20-4-140 which relates to foreign protection orders. Effective June 8, 2007

Uniform Interstate Family Support Act. Act No. 80 (R106, S17) amends Subarticle 5, Article 9, Chapter 7, Title 20, of the 1976 Code to update legislation to assist with interstate enforcement of family support. This includes civil and criminal enforcement procedures and preserving the rights and duties under the former Uniform Interstate Family Support Act. Effective June 8, 2007.

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Education

Athletic Facilities Revenue Bonds. Act No. 17 (R29, S451) amends both § 59-119-940 and Section 9 of Act 518 of 1980, relating respectively to Clemson University and the University of South Carolina, to raise the athletic facilities’ revenue bonds outstanding debt limit from sixty million to two hundred million dollars. Effective May 8, 2007.

Critical Needs Nursing Initiative Act. Act No. 49 (R64, S657), created under the Commission on Higher Education, is a comprehensive bill which provides incentives to retain nurse faculty scholars and attract new nurse faculty; provide loans, grants, and scholarships to in-state resident nursing students; establishes a research office to predict health care workforce needs; and provides technology to increase accessibility to clinical education needs. Effective June 5, 2007.

Independent Institution of Higher Learning. Act No. 42 (R62, S484) amends § 59-113-50, 1976 Code to modify the definition of an independent institution of higher learning for purposes of providing tuition grants to include bachelor’s level institutions chartered before 1962 whose major campus and headquarters are located within South Carolina. Effective June 4, 2007.

National Guard College Assistance Program Act. Act No. 40 (R59, S322) amends Chapter 114, Title 59, 1976 Code to revise provisions of the South Carolina National Guard Tuition Assistance Act and enact the South Carolina National Guard College Assistance Program Act. Qualifying members may receive college assistance program grants that can equal one hundred percent of college tuition and fees, but may not exceed eighteen thousand dollars. A member may not qualify for college assistance program grants for more than one hundred thirty semester hours or graduate degree course work. The legislation discontinues the loan repayment program for members of the National Guard serving in areas of critical need and repeals Article 6, Chapter 111, Title 59 relating to one-half tuition for members of the South Carolina National Guard. Effective June 4, 2007 and applies to the 2007-2008 school year

Nonpublic Post Secondary Institution License Act. Act No. 20 (R40, S321) amends § 59-58-20, § 59-58-30, and § 59-58-80 to revise and provide for the use of the Student Recovery Fund and the South Carolina Nonpublic Post-Secondary Institution License Act. Proceeds of a surety bond and monies in the Student Recovery Fund may be used for students who suffer financial losses of tuition and fees that were prepaid to a nonpublic post secondary institution due to the closing of the institution. Effective May 15, 2007.

Schools’ Academic Performance. Act No. 105 (R158, H3254) amends the 1976 Code by adding § 59-18-1600 to provide that if a school has received an unsatisfactory absolute academic performance rating, it shall offer an orientation class for parents to focus on school issues. Effective June 20, 2007.

Teacher Recruitment and Retention Improvement Act. Act No. 75 (R132, H3476) amends by adding Article 4 to Chapter 25, Title 9 to provide that a school district may hire those who are certified by the American Board for the Certification of Teacher Excellence pursuant to certain conditions. Effective June 13, 2007

Teaching History and Literature of Old Testament and New Testament. Act No. 102 (R155, S726) amends the 1976 Code to provide that the Board of Trustees of a school district may offer an elective course teaching the history and literature of the New Testament Era. Effective June 18, 2007

Transportation of Students. Act No. 79 (R95, H3161), a comprehensive bill, revises provisions for school busses. Highlights include provisions for limitations on the length of time a student may ride the bus continuously, assignment of parental responsibility at bus stops, the distance at which the State is responsible for providing transportation, and the requirement of the implementation of a school bus replacement cycle which replaces one fifteenth of the fleet each year. Effective June 7, 2007.

Virtual School Program. Act No. 26 (R48, H3097) adds Chapter 16 to Title 59 to create a comprehensive program for the establishment of the South Carolina Virtual School Program and adds § 59-40-65 to provide that certain information must be included in a charter school application if the charter school offers a program online or computer instruction. Additionally, it provides that charter school students may enroll in the Virtual School Program pursuant to program requirements and provides for other duties and requirements of the charter school governing body. Effective May 15, 2007.

Winthrop University. Act No. 50 (R66, S666) amends § 59-125-20 and § 59-125-30 to provide for two additional at-large members of the Board of Trustees and for the manner of their election and terms of office. Effective June 6, 2007.

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Elections

Election Commission. Act No. 100 (R152, S237) amends § 7-5-10, § 7-5-35, and § 7-13-70 of the 1976 Code to require that certification be issued when a member or designated staff person has completed a training program and requires the Governor remove a member of these Boards or Commissions appointed on or after the Act’s effective date who has not fulfilled the training requirement within eighteen months. Effective June 18, 2007.

Presidential or Advisory Primaries. Act No. 81 (R108, S99), a comprehensive bill, amends § 7-11-20 and § 7-13-15 of the 1976 Code, to provide that among other things, if a the state committee of a certified political party which received at least five percent of the popular vote in South Carolina decides to hold a presidential preference primary, the State Election Commission must conduct the preference primary according to party rules and the provisions of the Help America Vote Act. It further addresses the issues of conducting elections in a cost-effective manner, advisory primaries, and filing fees. Effective June 19, 2007.

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Employment & Licensing

Employment Security Commission. Act No. 128 (R128, H3239), a joint resolution, authorizes the South Carolina Employment Security Commission to spend up to five hundred thousand dollars of the funds available to the State under Section 903 of the Social Security Act to erect an Employment Security Commission one-stop facility in Spartanburg County. June 20, 2007

Employment Security Law. Act No. 67 (R88, S334) amends by adding § 41-35-126 to make an individual eligible for waiting week credit for unemployment compensation if the Employment Security Commission finds that the individual has left work voluntarily to relocate because of a spouse who has been reassigned due to a military assignment; and further amends § 41-35-130 to provide that leaving an employer due to the transfer of a military spouse does not disqualify one from receiving employment security benefits. Effective June 7, 2007.

Engineers and Land Surveyors. Act No. 58 (R99, H3722) amends Chapter 22, Title 40 of the 1976 Code to establish a state policy to encourage the development and promote the accountability of professional engineers. The Act revises educational requirements and deletes obscure provisions. Effective June 6, 2007.

SC Retirement System. Act No. 112 (R169, H3826), a comprehensive bill, revises provisions under which personnel in a hospital under the State Retirement System have the option of joining the retirement system and provides that physicians may opt out of the State Retirement System. Effective June 27, 2007.

Surgical Technology. Act No. 95 (R138, H3721), a comprehensive bill, amends the 1976 Code to define the practice of surgical technology and the qualifications to be a surgical technologist. Effective January 1, 2008.

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Environment

DHEC. Act No. 106 (R160, H3373) amends the 1976 Code to provide that after the Department of Health and Environmental Control (DHEC) has conducted soil suitability testing and has issued a permit for the installation of an individual waste treatment and disposal system, DHEC is only required to conduct random final inspections on ten percent of these installed systems. DHEC is further required to promulgate regulations for the licensure of persons who contract or advertise to offer to provider services for the installation, repair, modification, or final inspection and approval of on-site wastewater treatment disposal systems. Effective January 1, 2008.

DHEC. Act No. 124 (R13, H3335), a joint resolution, provides that for Fiscal Year 2006-2007 all interest accruing on funds collected and held by the Department of Health and Environmental Control, pursuant to § 44-56-160, must be credited to the Hazardous Waste Contingency Fund and authorized for certain hazardous waste expenditures by the department. Effective March 27, 2007 and applies retroactively to all interest accrued or accruing on funds collected pursuant to Section 44-56-160 beginning July 1, 2006.

Energy Efficiency Act. Act No. 88 (R123, H3034) amends the 1976 Code to enact the Energy Independence and Sustainable Construction Act of 2007 which establishes “green building” efficiency and environmental standards for major new state construction and renovation projects. Effective June 20, 2007 and applies to all major facility projects that receive approval of the State Budget and Control Board - Permanent Improvement Project Request A-1 form on or after the effective date.

Environmental Justice. Act No. 171 (R145, H3933), a joint resolution, creates an advisory committee to the South Carolina Department of Health and Environmental Control to consider existing practices at state agencies related to environmental justice issues. Effective June 15, 2007.

Hydrogen Infrastructure Development Act. Act No. 83 (R111, S243), a comprehensive bill, establishes the South Carolina Hydrogen Infrastructure Development Fund from which grants are distributed to the South Carolina Research Authority and used for promoting hydrogen related information and projects. Effective June 19, 2007.

Natural Gas Exploration. Act No. 170 (R143, H3828), a joint resolution, creates a study committee to examine the possibility of natural gas exploration in the Atlantic Ocean off the coast of South Carolina. The committee is to report to the General Assembly prior to February 1, 2008. Effective June 15, 2007.

Phytosanitary Certificates. Act No. 25 (R46, S613) amends by adding § 46-33-85 to provide that a photosanitary certificate or permit may be issued by an inspector for intrastate and interstate shipments of conifer and hardwood seedlings to verify that they are free of pests and diseases. In addition, it provides that to ensure pest and disease-free plant material, the preferred method of treatment is fumigation using methyl bromide in seedling plant beds prior to seeding. Effective May 14, 2007.

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Fish, Game & Watercraft

Arkansas Blue Catfish. Act No. 2 (R4, S132) amends by adding § 50-13-390 to provide that no more than one Arkansas Blue Catfish over thirty-six inches may be taken from the waters of Lake Marion and Moultrie by any one person, in either a recreational or commercial manner, in a single day. Effective March 27, 2007.  

Elk. Act No. 21 (R42, S448) amends by adding § 50-11-360 to provide that it is unlawful to take or attempt to take an elk. A person convicted is guilty of a misdemeanor and must not be fined more than twenty-five hundred dollars or imprisoned longer than thirty days, or both. Effective May 16, 2007.

Fish. Act No. 87 (R119, S686) amends the 1976 by adding § 50-13-12 to provide that it is unlawful to snag a fish with one or more hooks for the purpose of impaling a fish. Effective June 14, 2007.

Saltwater Gamefish. Act No. 85 (R115, S489) amends multiple sections of the 1976 Code relating to the catch limit and size requirements regarding saltwater game fish. Effective June 15, 2007.

Shad. Act No. 125 (R24, H3748), a joint resolution, extends for the year 2007 the season for commercial fishing for Shad for the Santee River below Wilson Dam. This includes the rediversion canal below St. Stephen Dam, North Santee River and Bay, South Santee River, and all tributaries and distributaries to them and ends April 15, 2007. Effective April 13, 2007.

Wildlife Management Areas. Act No. 84 (R113, S283) amends § 50-11-2200 of the 1976 Code to authorize the Department of Natural Resources to set forth regulations for hunting and taking wildlife on all wildlife management areas, prohibits alcohol on land designated for hunting and provides penalties for those who disregard the regulations; and amends § 50-11-2220 to provide that a person convicted twice within a three-year period of abusing, damaging, or destroying wildlife management area land or improvements shall lose the privilege of entering onto wildlife management areas for one year. Effective June 14, 2007.

Youth Hunter. Act No. 23 (R44, S597) amends § 50-9-740 to provide that a person who is less than eighteen years of age may be a youth hunter. Effective May 14, 2007.

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Government

African-American Heritage Commission. Act No. 47 (R75, H3795), a joint resolution, directs the South Carolina Commission of Archives and History to establish the South Carolina African-American Heritage Commission to participate in the Department’s efforts to preserve properties reflecting the State’s African-American heritage and authorizes the Department to provide staff and funding for the Commission. Effective June 1, 2007.

Airborne Heritage Day. Act No. 11 (R22, H3345) amends by adding § 1-1-618 to designate August 16 every year as South Carolina Airborne Heritage Day. Effective April 18, 2007.

Code of Laws. Act No. 119 (R15, H3399), a joint resolution, adopts the revised Code Volumes 9 and 10 and new Volume 9A of the 1976 Code, as the only General Permanent Statutory Law of the state as of January 1, 2007. Effective March 27, 2007.

Conflicts of Interest. Act No. 10 (R12, H3226) amends § 8-13-740 to establish two additional circumstances under the Ethics Act’s prohibitions against removing a public official. A public official shall not be required to resign or vacate his seat due to a conflict of interest as long as all parties are notified and he complies with the recusal requirements. Nor shall a governmental body remove or disallow a person from serving in office based on race, color, national origin, religion, sex, disability, or occupation. In addition, the legislation deletes the prohibition on an individual or business with whom a public official is associated from representing a person before a local government entity for which the public official is a member. Effective April 12, 2007.

CSS Pee Dee. Act No. 98 (R149, H4136) provides that the remains of the CSS Pee Dee, a Confederate naval vessel that sank in Great Pee Dee River, as well as other artifacts found in the Great Pee Dee River, are the property of the State of South Carolina and that it is unlawful to collect any artifacts from this area. The Act is automatically repealed after five years. Effective June 15, 2007

General Francis Marion Memorial Day. Act No. 18 (R30, S498) amends by adding § 53-3-35 to designate the twenty-seventh day of February of each year General Francis Marion Memorial Day. Effective May 2, 2007.

Joint Authority Water and Sewer Systems Act. Act No. 59 (R74, H3711) amends Chapter 25, Title 6 of the 1976 Code to provide for the appointment of members of a joint authority water and sewer system commission that may consist of no fewer than five and no more than eleven members. It further authorizes a joint system to enter into a contract to sell water or provide sewer service. Effective June 6, 2007.

Local Housing Trust Fund Enabling Act. Act No. 19 (R36, H3509) amends by adding Chapter 22 to Title 31 to enact the William C. Mescher Local Housing Trust Fund Enabling Act to define certain terms and allow a local government to create and operate a Local Housing Trust Fund (LHTF) or a Regional Housing Trust Fund (RHTF). A local government may finance an LHTF or RHTF with money made available to the local government through its budgeting authority, unless expressly prohibited by law. It does not create, grant, or confer a new or additional tax or revenue authority to a local government or political subdivision of the State unless otherwise provided by law. An LHTF or RHTF established, utilized, or funded by this legislation must provide an annual report to the local government that created the fund and the report must be made available to the public by posting on the appropriate government website. Effective May 15, 2007.

M.J. “Dolly” Cooper Veterans Cemetery. Act No. 126 (R39, H3694), a joint resolution, names the new South Carolina Veterans Cemetery in Anderson County the M.J. “Dolly” Cooper Veterans Cemetery. May 3, 2007.

Monuments. Act No. 77 (R137, H3699) amends by adding § 2-1-240 to place a moratorium on the placement of new statues on the State House grounds. The Senate and House of Representatives are exempt from this moratorium and a majority vote of the membership of the State House Committee can lift the moratorium. If lifted, the State House Committee may approve the placement of a new monument pursuant to the new placement procedure. Effective June 13, 2007.

Office Hours of State Agencies. Act No. 73 (R130, H3358) repeals outdated code sections that mandate office hours for state agencies. Effective June 13, 2007.

REAL ID Act. Act No. 70 (R114, S449) provides that the State shall not participate in the implementation of the federal REAL ID Act. Effective June 15, 2007.

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Government: Local

Aviation Authority Membership. Act No. 130 (R69, H3409) provides that Charleston County Aviation Authority’s membership shall be increased by two members. These members shall be the Chairman and Vice Chairman of the Charleston County Legislative Delegation or their designees. Effective June 6, 2007.

Beaufort County-- Voting Precincts. Act No. 4 (R6, S208) amends § 7-7-110 to revise and rename certain voting precincts of Beaufort County and to designate a map number for the map on which the lines of these precincts are delineated. In addition, a provision is added to authorize the Beaufort County Board of Elections and Registration, with the approval of a majority of the Beaufort County Legislative Delegation, to determine the polling places for the precincts in Beaufort County. Effective March 27, 2007 and applies to elections conducted after July 15, 2007.

Calhoun County— Board of Voter Registration and Election Commission. Act No. 129 (R83, H3976) abolishes the Calhoun County Board of Voter Registration and the Calhoun County Election Commission and creates the Calhoun County Board of Election and Registration. Effective June 1, 2007.

Charleston County— School Districts. Act No. 131 (R166, H4150) amends Act 340 of 1967 to revise the manner in which principals of schools in the district shall be appointed and the manner in which teachers and other personnel shall be employed and assigned, and to delete certain provisions relating to the employment and transfer of teachers and other employees. Effective June 25, 2007.

Charleston County— Voting Precincts. Act No. 43 (R68, H3290) amends § 7-7-140 of the Code of Laws of South Carolina, 1976, to designate a map number for the map on which the lines of these precincts are delineated and maintained by the Office of Research and Statistics of the State Budget and Control Board. Effective June 1, 2007.

Cherokee County— Board of Trustees of District 1. Act No. 132 (R168, H4228) revises the dates for elections for the Board of Trustees of Cherokee County School District 1, the filing period, and the manner in which the results of the elections are determined. Effective June 25, 2007.

Chester County— School Board of Trustees. Act No. 133 (R21, S305) amends Act 525 of 1982 to provide that members of the Chester County School Board of Trustees must be elected in a nonpartisan election held at the same time as the general election and provides for the filing requirements and supervision of the elections. Effective April 18, 2007.

Chesterfield County— School Districts. Act No. 134 (R81, H3953) amends Act 205 of 1993 to revise the date for elections for trustees and the filing period for declarations of candidacy and amends Act 1010 of 1968 to revise the manner in which the membership of certain advisory councils is determined. Effective June 5, 2007.

Colleton County— School Board Trustees. Act No. 135 (R63, S603) amends Act 117 of 1961 to provide that members of the board shall receive an annual salary and per-meeting expense allowance in an amount determined by the Board not to exceed a specific amount. Effective June 19, 2007.

Darlington County— Transportation Committee. Act No. 136 (R165, S816) provides that each member of the Darlington County Transportation Committee be paid from Darlington County “C” Fund Revenues at the rate of seventy-five dollars for each meeting at which he is in attendance. The Committee shall receive the payment upon issuance of approved vouchers by the Committee’s Chairman, except that the Chairman may not approve vouchers in any single fiscal year in which vouchers authorize payment for more than fifteen meetings per fiscal year. The Chairman of the Darlington County Legislative Delegation shall be an ex officio non-voting member of the Darlington County Transportation Committee. Effective June 20, 2007.

Darlington County—Voting Precincts. Act No. 63 (R144, H3911) amends § 7-7-210 of the 1976 Code to revise certain voting precincts in Darlington County and designate a map number for the map on which the lines of these precincts are delineated and maintained by the Office of Research and Statistics of the State Budget and Control Board. Effective June 8, 2007

Dillon County— Sales and Use Tax Referendum. Act No. 137 (R148, H4111) provides for multiple ways in which the Board of Education may acquire funds to construct, renovate, or repair Dillon County schools. The Act further provides for the manner in which sales and use taxes may be levied and collected. Effective June 15, 2007.

Fairfield County. Act No. 138 (R23, H3724) devolves all the powers, duties, responsibilities, assets, and liabilities of the Historical Commission for Fairfield County and the Fairfield County Recreation District upon the governing body of Fairfield County. It also provides a procedure for the devolution of powers, duties, responsibilities, assets, and liabilities and repeals Act 1079 of 1958 and Act 1059 of 1970 relating to the Historical Commission for Fairfield County and the Fairfield County Recreation District respectively. Effective April 18, 2007.

Florence County—Board of Trustees. Act No. 139 (R37, H3558) provides that the terms of office of elected members of the Board of Trustees of Florence County School District Four are increased from three to four years for all trustees elected on or after 2007. Effective May 1, 2007.

Golf Carts. Act No. 154 (R456, H5217 of 2006) provides that a golf cart may be operated along certain highways in Richland County within a one-half mile of a sporting event during certain hours, and provides that during night time hours, the golf cart must be operated with working head and tail lights. Effective June 6, 2007.

Greenwood School— Districts 50 Board of Trustees. Act No. 140 (R96, H3319) amends Act 595 of 1994 to change the filing period for the Board of Trustees in Greenwood School District 50 from September to August. Effective June 6, 2007.

Greenwood County-- Voting Precincts. Act No. 22 (R43, S576) amends § 7-7-290 to revise and add certain voting precincts of Greenwood County and designate a map number for the map on which these precincts are delineated and maintained by the Office of Research and Statistics of the State Budget and Control Board. Effective May 14, 2007.

Hampton County—Board of Election and Voter Registration. Act No. 142 (R162, H4164) establishes the Board of Elections and Voter Registration for Hampton County provides for the number and manner of appointment or members. It further abolishes the Hampton County Board of Voter Registration and the Hampton County Election Commission. Effective June 21, 2007.

Hampton County—Board of Trustees. Act No. 141 (R76, H3818) amends Act 286 of 1989 to provide that the trustees of Hampton County School District may receive an annual salary up to three thousand dollars. Effective June 6, 2007.

Highway Directional Signs for Hard Rock Park. Act No. 144 (R82, H3960), a joint resolution, directs the Department of Transportation to change all highway directional signs under its jurisdiction in Horry County from “Waccamaw Pottery” to “Hard Rock Park.” Effective June 6, 2007.

Horry County— Higher Education Commission. Act No. 145 (R84, H4029) amends Act 114 or 1959 to revise the manner in which the members of the Commission are appointed, provide for where the Commission will meet, and revise or delete obsolete language. Effective June 1, 2007.

Horry County— Transportation Committee. Act No. 143 (R58, S174) amends Act 452 if 2000 to provide that each member of the Horry County Transportation Committee must be paid one hundred dollars for each meeting he attends and that the Chairman must be paid an additional one hundred dollars for each meeting he attends. Effective June 7, 2007.

Horry County—Voting Precincts. Act No. 64 (R146, H4072) amends § 7-7-320 to revise and rename certain voting precincts in Horry County and designate a map number for the map on which the lines are delineated and maintained by the Office of Research and Statistics of the State Budget and Control Board. Effective June 8, 2007

Jasper County—Port Authority. Act No. 56 (R35, H3505), a joint resolution, addresses the Jasper Port Authority. The resolution directs the State Ports Authority to continue and bring to its earliest conclusion the condemnation action it has begun in relation to the one thousand eight hundred acres in Jasper County needed for new terminal facilities. In addition, the resolution establishes a timeline for the construction and completion of the Jasper County Port facilities. Effective May 1, 2007.

Kershaw County— Board of Trustees. Act No. 146 (R103, H4081) amends Act 930 of 1970 to allow the school board to adjust its salary and expenses by resolution, to be effective on the commencement date of the terms of two or more members elected at the next general election following the adoption of the resolution. Effective June 6, 2007.

Kershaw County—Voting Precincts. Act No. 109 (R167, H4200) amends § 7-7-340 of the 1976 Code to revise and name certain voting precincts in Kershaw County and to designate a map number on which lines of these precincts are delineated and maintained by the Office of Research and Statistics of the State Budget and Control Board. Effective June 25, 2007.

Laurens County— School Districts 55 and 56. Act No. 147 (R18, H3613) amends Act 779 of 1988 to provide that persons desiring to become candidates for election to the boards shall file a statement of candidacy instead of a petition, revises the date that the statement of candidacy must be filed, and provides that if a candidate is unopposed, he is deemed elected under specified conditions and procedures. Effective March 29, 2007.

Laurens County— School Districts 55 and 56. Act No. 148 (R80, H3923) amends Act 779 of 1988 to provide that elections for School Boards of Trustees for the districts must be held at the time of the general election instead of the second Tuesday in March, in appropriate years, beginning in 2010 and 2012.  Effective June 1, 2007.

Laurens County— Mowing. Act No. 38 (R53, S277) amends by adding § 57-23-830 to provide that the Department of Transportation may mow beyond the thirty feet from the pavement roadside vegetation adjacent to the portion of Interstate 385 in Laurens County between mile marker 11 and its confluence with Interstate Highway 26, and adjacent to Interstate Highway 26 from its confluence with Interstate Highway 385 to the Newberry County line. Effective May 30, 2007.

Lexington County—Voting Precincts. Act No. 37 (R102, H3991) amends § 7-7-380 of the 1976 Code to revise certain voting precincts of Lexington County and designate a map number for the map on which they are delineated and maintained by the Office of Research and Statistics of the State Budget and Control Board. Effective June 6, 2007.

Marlboro County— School District Members. Act No. 149 (R16, H3446) amends Act 256 of 1981 to provide that the members are elected from election districts corresponding to the eight single-member election districts from which members of the governing body of Marlboro County are elected. Effective March 28, 2007.

Oconee County— Registration and Election Commission. Act No. 151 (R164, S804) amends Act 604 of 1994 to authorize the Registration and Election Commission to appoint and remove the Executive Director. Effective June 20, 2007.

Oconee County— Superintendent of Education. Act No. 150 (R31, S579) provides that the elected position of Superintendent of Education of Oconee County is abolished as of July 1, 2009. All powers and duties of the superintendent are devolved upon the Board of Trustees of the school district of Oconee County and provide that if a vacancy occurs in that office before July 1, 2009, the office is abolished as of the date of the vacancy. Additionally, it repeals sections 1, 4, and 8 of Act 613 of 1992. Effective May 1, 2007.

Pickens County— School Board of Trustees. Act No. 152 (R1, S261) requires that any budgetary measure by the Pickens County School Board of Trustees that exceeds one-half of one percent of the total operating budget, or any measure that results in the district incurring debt, must receive readings on three separate days among other provisions. Effective February 5, 2007.

Pickens County— School Board of Trustees. Act No. 153 (R139, H3782) amends Act 260 of 1981 to revise the membership of the Board to six four-year seats, each being elected from a single-member district and provide that the Chairman is elected by the Board, as well as calling for special elections to fill a prematurely vacated seat. Effective June 13, 2007.

Richland County-- Voting Precincts. Act No. 24 (R45, S609) amends § 7-7-465 to revise and add certain voting precincts of Richland County and designate 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; in addition, provides that polling places must be selected by the Richland County Election Commission upon approval of the majority of the legislative delegations. Effective May 14, 2007.

Sumter County— School Districts 2 and 17. Act No. 155 (R116, S534) amends Act 620 of 1992 and Act 741 of 1990 to further reapportion the districts and to designate a map number for the two maps on which these new lines of the election districts for trustees are delineated and maintained by the by the Office of Research and Statistics of the State Budget and Control Board. Effective June 8, 2007.

Sumter County—Voting Precincts. Act No. 62 (R121, S770) amends § 7-7-501 of the 1976 Code to rename and revise certain voting precincts of Sumter County and designate 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. Effective June 8, 2007

Town of Summerton. Act No. 48 (R78, H3890) amends by adding § 57-23-825 to provide that the town of Summerton may mow beyond thirty feet from the pavement roadside vegetation ditch adjacent to the interchanges of Interstate Highway 95 and S14-102 (exit 108) in Clarendon County. Effective June 1, 2007.

Union County— High Schools. Act No. 156 (R17, H3492) repeals Section 12 of Act 79 of 1955 and Section 1 of Act 301 of 1971. Both were previously codified as part of Section § 21-4172 of the 1962 Code and related to the operation of the School District of Union County and the determination of the recommendations of its Board of Trustees and the prohibition of closing a high school in Union County without the unanimous vote of its trustees. Effective March 29, 2007.

York County-- Voting Precincts. Act No. 6 (R8, S330) amends § 7-7-530 to revise and rename certain voting precincts of York County and to designate a map number for the map on which the lines of these precincts are delineated. Effective March 27, 2007.

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Health Care

Chronic Kidney Task Force. Act No. 165 (R11, H3209) extends the deadline for the Chronic Kidney Task Force to submit its report and recommendations to April 1, 2007. Effective March 28, 2007.

Hospital Patient Safety Act. Act No. 29 (R51, H3406) amends § 44-7-3455 to provide exemptions from the Lewis Blackman Patient Safety Act for specialized hospitals licensed exclusively for treatment of alcohol or drug treatment that are under contract with the Department of Alcohol and other drug abuse services. Effective May 16, 2007.

Medicaid Transportation Advisory Committee. Act No. 172 (R150, H4178), a joint resolution, establishes a Medicaid Transportation Advisory Committee to resolve issues and complaints concerning the Medicaid Transportation Brokerage System. Effective June 19, 2007.

Mobile Dental Facilities. Act No. 39 (R57, S95) amends § 40-15-172 of the 1976 Code to provide that a registrant must keep records at the central office or at the portable dental operation and provides that if there is a fee for service, the patient must be provided with a description of the fee. Effective June 1, 2007.

Organ and Tissue Donor Program. Act No. 41 (R61, S481) amends Chapter 1, Title 24, of the 1976 Code by adding § 24-1-285 to establish an organ and tissue donor program within the Department of Corrections. The purpose of the program is to educate prisoners about the need for organ and tissue donation. All organ and tissue donations, including bone marrow donations, must be made on a voluntary basis. Effective June 4, 2007.

Organ and Tissue Donor Registry. Act No. 92 (R129, H3317), amends Article 13, Chapter 43, Title 44 of the 1976 Code to establish that the organ and tissue donor registry be administered by Donate Life South Carolina. Effective June 14, 2007.

Prescriptions. Act No. 71 (R118, S610) amends § 44-53-360 of the 1976 Code to allow a pharmacist to issue certain prescriptions pursuant to a facsimile of a written and signed prescription sent by a practitioner to the pharmacy. Prescriptions for controlled substances in Schedules III through V must not exceed a 90-day supply. The legislation further adds Article 3 to Chapter 117, Title 44 to authorize and establish procedures for electronic prescription processing. Effective June 13, 2007

Pervasive Developmental Disorder. Act No. 65 (R85, S20) amends by adding § 38-71-280 to require health insurance coverage for treatment of Autism spectrum disorder, which includes Autistic Disorder, Asperger’s Syndrome, and other Pervasive Developmental Disorders. The legislation sets forth eligibility requirements for coverage and exemptions for certain health insurance plans. Effective July 1, 2008 and applies to insurance plans issued, renewed, delivered, or entered on or after this act’s effective date.

Shaking Infants Video. Act No. 55 (R93, S518) amends by adding § 44-37-50 to require that the Department of Health and Environmental Control (DHEC) make available a video on the dangers associated with shaking infants and children to parents of newborns, in addition to creating multiple provisions in regard to the availability and requirements in showing the video. Effective January 1, 2008.

Statewide Comprehensive Service Delivery System. Act No. 168 (R94, S3135), a joint resolution, establishes a study committee to develop a statewide comprehensive service delivery system for persons with epilepsy and provides for the membership, duties, and responsibilities of the study committee. The committee is to report to the General Assembly before July 1, 2008.  Effective June 6, 2007.

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Law Enforcement & Public Safety

Firearms. Act No. 28 (R50, H3310) amends § 16-23-20 to allow a person to carry a handgun on or about his person in a vehicle if he has a valid concealed weapon permit. Effective May 14, 2007.

Jessica Horton Campus Crime Act. Act No. 53 (R91, S459) amends by adding Chapter 154 to Title 59 to provide that campus police officers shall notify and work with the State Law Enforcement Division on the investigation of a death or act of criminal sexual conduct resulting from an incident occurring on a campus of higher learning. Effective June 6, 2007.

Law Enforcement Officers. Act No. 3 (R5, S146) amends § 23-1-210 to provide that any municipal or county law enforcement officer may be transferred or assigned on a temporary basis to work within multi-jurisdictional task forces established for the mutual benefit of the participating jurisdictions; also amends § 23-1-215 to provide that in the event of a crime or crimes occurring in multiple jurisdictions, law enforcement officers are authorized to exercise jurisdiction within other counties or municipalities for the purpose of criminal investigations. Effective March 28, 2007.

Reserve Officers. Act No. 44 (R70, H3428) amends Chapter 28 of Title 23 of the 1976 Code to provide for law enforcement agencies of the state to appoint reserve officers in the same manner as municipal and county law enforcement agencies. Effective June 4, 2007.

Volunteer Strategic Assistance and Fire Equipment Act of 2007. Act No. 89 (R124, H3045) enacts the Volunteer Strategic Assistance and Fire Equipment Pilot Program (V-SAFE) which offers grants to eligible volunteer and combination fire departments and establishes the purpose and process for use of the money. Effective June 20, 2007.

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Professions & Occupations

Coroner Office.  Act No 52 (R90, S391) amends multiple codes to, among other things, revise the manner in which a vacancy in the office of the Coroner is filled; authorize coroners to appoint investigators as well as deputies; and require coroners or medical examiners to immediately request and autopsy if a child’s death is unattended. Effective June 6, 2007.

Fire Sprinkler Contractors. Act No. 93 (R133, H3481) amends the 1976 Code to provide that the provisions regulating fire sprinkler contractors do not apply to persons who are employed by public institutions to repair, alter, maintain, or inspect systems. Effective June 20, 2007

Funeral Director or Embalmer. Act No. 74 (R131, H3362) amends by adding § 44-63-72 to require an embalmer and funeral director provide his name or signature on any death certificate filed with the Bureau of Vital Statistics; amends § 40-19-20 to provide that a licensed funeral director or embalmer may not charge a fee for the assignment of an insurance policy that is not a preneed funeral contract and is intended to pay a burial expense if the assignment is to pay a burial expense; and amends § 40-19-110 to provide consequences for those who charge a fee for the assignment of an insurance policy that is not a preneed funeral contract. Effective July 13, 2007

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Real Estate & Land Use

Agriculture Real Property. Act No. 76 (R135, H3568) amends by adding § 12-43-233 to provide additional “Agritourism” uses, including but not limited to hayrides, wineries, and farm tours, for real property do not affect the eligibility of the property for agricultural use classification for purposes of property tax. “Agritourism” uses must be incidental and supplemental to the tract’s primary agricultural use. Effective June 13, 2007.

Cemeteries. Act No. 113 (R170, S65) amends the 1976 Code to provide a right of ingress and egress to a cemetery, burial ground, or grave located on private property for family members, close friends, descendents of the deceased, cemetery plot owners, persons participating in lawful burial, or person engaging in genealogical research. Effective June 27, 2007.

Eminent Domain Study Committee. Act No. 166 (R19, S529), a joint resolution, extends until April 17, 2007, the time in which the Eminent Domain Study Committee has to present its report and recommendations to the Chairman of the Senate Judiciary Committee, the Chairman of the House Judiciary Committee, and the Governor. Effective March 30, 2007.

Eminent Domain Study Committee. Act No. 167 (R65, S661), a joint resolution, extends the date that the Eminent Domain Study Committee shall submit its report from April 17, 2007 to May 31, 2007, at which point the committee shall be dissolved. Effective June 1, 2007.

Priority Investment Act. Act No. 31 (R52, S266) amends the 1976 Code to enact the South Carolina Priority Investment Act. The Act amends § 6-29-510 to provide for transportation and priority investment elements of comprehensive plans, § 6-29-720 to allow local governments to develop market-based incentives and encourage private development, traditional neighborhood design, and affordable housing by eliminating nonessential housing requirements, § 6-29-1110 to define “affordable housing,” “market-based incentives,” “traditional neighborhood design,” and “nonessential housing regulatory requirements,” and § 6-29-1130 to further provide for the content of these regulations relating to land development. Effective May 23, 2007.

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Taxation

Abandoned Manufactured Home Removal Act. Act No. 45 (R71, H3456) amends multiple sections to enact the Abandoned Manufactured Home Removal Act, in order to provide a procedure for the demolition and disposal of manufactured homes. The legislation revises provisions relating to uncollectible real and personal property taxes, so as to allow the county auditor to waive and remove from the tax duplicate current and delinquent property taxes, assessments, costs, and fees from a manufactured home demolished and disposed of under this legislation.  Effective June 4, 2007 except that the provision of § 6-29-1145 apply to applications for permits filed on and after July 1, 2007.

Biennial License Taxes. Act No. 96 (R140, H3783) amends the 1976 Code to reduce the alcoholic beverage manufacturer’s license fee from fifty thousand to one thousand dollars. Effective June 15, 2007.

Excise Tax. Act No. 36 (R98, H3659) amends § 12-33-245 of the 1976 Code to require revenue from the excise tax on alcoholic liquors for on-premises consumption be distributed in four equal payments to state agencies and entities based on payments remitted in fiscal year 2004-2005 and require amounts in excess of the tax collection for the fiscal year 2004-2005 remittance to be distributed to county treasurers within thirty days. Effective June 7, 2007.

Homestead Exemption Fund. Act No. 57 (R89, S367), a comprehensive bill, amends multiple sections, establishes a three-tiered reimbursement procedure for the Homestead Exemption Fund, and provides for other revisions necessary for implementing property tax revisions approved in 2006. Effective June 6, 2007.

Income Tax Credit. Act No. 94 (R134, H3526) amends the 1976 Code by adding § 12-6-3477 to provide a state income tax credit for hiring an apprentice. Credit is not allowed for more than four years or if the apprentice is employed less than seven full months per taxable year. Effective June 14, 2007 and applies to employees beginning apprenticeships after 2007.

Job Tax Credit. Act No. 9 (R9, S408) amends § 12-6-3360 to provide that a county’s designation may not be lowered more than one tier in the following year as a result of the annual ranking and designation of counties by the Department of Revenue; in addition, amends § 12-6-40 to provide for the applicability of 2006 Internal Revenue Code. Effective April 11, 2007. For the 2006 tax year only, a taxpayer has until March 31, 2007, to lock into the county classification.

Job Tax Credit. Act No. 116 (R177, H3749), a comprehensive bill, provides provisions relating to the development of a renewable energy. Highlights include, but are not limited to, the establishment of the South Carolina Renewable Energy Infrastructure Development Fund, establishment of the South Carolina renewable Energy Revolving Loan Program to provide low interest loans to individuals or organizations that plan to build a renewable energy production facility, and establishment of the South Carolina Renewable Energy Grant Program to provide grants to entities for the purpose of assisting them in obtaining federal and other available grants that may generate renewable energy-related research and projects. Effective June 28, 2007 and is applicable for tax years beginning after 2007, except for Section 5, relating to Section 12-6-3415(A), which is applicable for tax years beginning after 2006, and Section 6, relating to Section 12-20-105, which is applicable for tax years beginning after 2003.

Motor Homes. Act No. 66 (R86, S139) amends § 12-37-224 to allow that certain watercraft and recreational trailers be taxed as real rather than personal property. This applies to watercraft or trailers that are pulled by a motor vehicle if they meet the federal Internal Revenue Code criteria qualifying it as a primary or secondary residence. Effective June 7, 2007 and is applicable for travel trailer or boat or watercraft property tax years beginning after 2006.

Research and Development Tax Credit Reform Act. Act No. 110 (R107, S91), a comprehensive bill, provides an individual income tax credit equal to 5% of the taxpayer’s qualified research expenditures made in South Carolina. Effective June 21, 2007.

Sales Tax. Act No. 115 (R172, S656) approves a provision exempting groceries from the sales tax as of November 1, 2007. The exemption applies to state sales and use tax collected on unprepared food items eligible for purchase with United States Department of Agriculture food coupons. The legislation provides for a transfer of funds during fiscal year 2006-2007 to the Education Improvement Act Fund in an amount sufficient to offset the estimated loss of revenue resulting from the new sales tax exemption. Effective June 29, 2007.

Sales and Use Tax. Act No. 123 (R3, S273), a joint resolution, extends the deadline for the certification date for a sales and use tax referendum held during the 2006 General Election from no later than November 30, 2006 to December 10, 2006. Effective February 19, 2007.

Sales and Use Tax Exemptions.  Act No. 34 (R67, H3289) amends § 12-36-2120 to exempt from sales tax the gross proceeds of sales or sales price of gold, silver, and platinum bullion, legal tender coins, and currency and require the retailer to maintain proper documentation as required by the South Carolina Department of Revenue for each exempt sale. Effective July 1, 2007.

Watercraft and Outboard Motor Property Tax. Act No. 91 (R127, H3233) amends § 50-23-295 to mandate that personal property taxes on a watercraft and outboard motor be current before the title may be transferred. Effective June 14, 2007.

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Torts and Insurance

Captive Insurance Companies. Act No. 86 (R117, S589) amends multiple sections to provide that an industrial insured captive insurance company may not take credit if not in compliance with provisions of law and provides that other captive insurance companies may not take credit for reserves pursuant to those provisions unless approval is granted from the Director of Insurance. Effective June 14, 2007.

Insurance Agents. Act No. 27 (R49, H3256) amends § 38-57-160 to increase from five to twenty five dollars the value of an article which can be given by insurance agents to insureds or others. Effective May 16, 2007.

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Transportation

Transportation Department. Act No. 114 (R171, S355), a comprehensive bill, reforms the South Carolina Department of Transportation (DOT) in order to enhance accountability. The Act establishes that the Secretary of Transportation, who replaces what is currently the Director, be appointed by the Governor, with the advice and consent of the Senate. Various revisions are made in relation to the make up and qualifications of the DOT Commission. The Commission is required to develop a Statewide Transportation Improvement Program that provides for the development and implementation of the multimodal transportation system for the State. The Department must conduct public hearings in each county required by federal regulation to share information with local communities. In addition, the legislation provides that the DOT Commission must appoint a chief internal auditor. Effective June 27, 2007.

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Workers’ Compensation

Workers’ Compensation Reform. Act No. 111 (R163, S332), a comprehensive bill, revises the State’s workers’ compensation system. The legislation contains multiple provisions aimed at addressing workers’ compensation fraud and enhances the crime classification and penalties for intentionally making false statements. New criteria is required for the establishment of repetitive trauma, expert testimony is now required in medically complex cases, and total disability is no longer automatically presumed in cases involving the loss of use of 50% or more of the back.  The legislation requires that a report be issued to the General Assembly by the first of January each year to evaluate the workers’ compensation market in South Carolina. Effective July 1, 2007 and applies only to injuries after this day

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Approved Regulations

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) 212-4500.

Explanation of abbreviations opposite regulations below
“SR31-5” refers to South Carolina State Register Volume 31, Issue 5. Specific page numbers can be determined from the Table of Contents in each issue.

Regulations are available online at www.scstatehouse.net.

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