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This issue of the Legislative Update is a comprehensive review of all legislation passed by the General Assembly during the 2011 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 Catherine Scarlett, South Carolina Bar, P.O. Box 608, Columbia SC 29202. (803) 799-6653. Fax: (803) 799-4118. Bar members can also request legislation by e-mailing firstname.lastname@example.org. There will be a charge for any requests exceeding 30 pages ($.10 per page).
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 email@example.com.
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Administration of the Government
Collard Greens. Act 38 (R69, S. 823) amends the Code of Laws of South Carolina, 1976, by adding § 1‑1‑681 so as to designate collard greens as the official state vegetable. Effective June 2, 2011.
Establishment of Election Districts. Act 71 (R105, S. 815) amends § 1‑1‑715, Code of Laws of South Carolina, 1976, relating to adoption of the United States Census, so as to adopt the United States Census of 2010 as the true and correct enumeration of inhabitants of this State; by adding § 2‑1‑70 so as to establish election districts from which members of the South Carolina Senate are elected commencing with the 2012 General Election; repeals § 2‑1‑75 relating to election districts from which members of the Senate were formerly elected; and designates the President Pro Tempore of the Senate as the appropriate official of the submitting authority to make the required submission of the Senate Reapportionment Plan under the Voting Rights Act. Effective June 28, 2011.
Establishing Election Districts. Act 72 (R108, H. 3991) amends the Code of Laws of South Carolina, 1976, so as to adopt the United States Census of 2010 as official; by adding § 2‑1‑35 so as to establish election districts from which the members of the House of Representatives are elected beginning with the 2012 General Election; repeals § 2‑1‑45 relating to election districts from which members of the House of Representatives were formerly elected; and designates the Speaker of the House of Representatives as the submitting authority to make the required submission of the House of Representatives Reapportionment Plan under the Voting Rights Act. Effective June 28, 2011.
General Assembly Review of Regulations. Act 33 (R59, S. 420) amends § 1‑23‑120, as amended, Code of Laws of South Carolina, 1976, relating to the General Assembly review of regulations, including, among other things, grounds for exemption from review, so as to provide that a regulation exempt from General Assembly review because it was promulgated to comply with federal law has the same legal status as the federal law, such that if the federal law is vacated or otherwise rendered without legal force and effect the state regulation is similarly vacated or otherwise rendered without legal force and effect. Effective June 7, 2011.
Jobs-Economic Development Authority. Act 30 (R53, S. 824), a joint resolution, designates the South Carolina Jobs-Economic Development Authority as the authorized agency to implement the State Small Business Credit Initiative within and on behalf of the State of South Carolina; authorizes the South Carolina Jobs-Economic Development Authority to execute and deliver the requisite application and the State Small Business Credit Initiative allocation agreement for participating states, and all other related agreements, documents, certificates, and undertakings on behalf of the State of South Carolina; and authorizes the South Carolina Jobs-Economic Development Authority to contract with the Business Development Corporation of South Carolina to administer the programs permitted under and supported by the State Small Business Credit Initiative. Effective May 23, 2011.
Pecan Festival. Act 9 (R26, H. 3397) amends the Code of Laws of South Carolina, 1976, by adding § 1‑1‑674 so as to designate the South Carolina Pecan Festival in Florence County as the official state pecan festival. Effective April 12, 2011.
State Health and Dental Plans. Act 31 (R50, S. 586) amends the Code of Laws of South Carolina, 1976, by adding § 1‑11‑715 so as to provide that the Employee Insurance Program of the Budget and Control Board is directed to develop and implement, for employees and their spouses who participate in the health plans offered by the Employee Insurance Program, an incentive plan to encourage participation in programs offered by the Employee Insurance Program that promote health and the prevention of disease; and to provide that the Employee Insurance Program is further directed to implement a premium reduction or other financial incentive, beginning on January 1, 2012, for those employees and their spouses who participate in these programs; and amends § 1‑11‑720, as amended, relating to entities whose employees, retirees, and their dependents are eligible to participate in the state health and dental insurance plans, so as to revise the eligibility provisions applicable to special purpose districts by including districts which provide sanitation services and to extend this eligibility to joint agencies established pursuant to Chapter 23, Title 6. Effective May 26, 2011.
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Richland-Lexington County Airport Commission. Act 42 (R77, H. 3957) designates Section 3 of Act 292 of 1985, as amended, relating to the Richland-Lexington County Airport Commission's authority to make application to the Foreign-Trade Zones Board for the purpose of establishing, operating, and maintaining foreign-trade zones as § 55‑11‑430 of the 1976 Code; and amends § 55‑11‑430, relating to the Richland-Lexington County Airport Commission's authority to make application to the Foreign-Trade Zones Board for the purpose of establishing, operating, and maintaining foreign-trade zones, so as to expand the areas within the state in which the Commission may establish foreign-trade zones. Effective June 7, 2011.
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Agricultural Liming Materials and Landplaster Act. Act 64 (R94, H. 3772) amends Chapter 26, Title 46, Code of Laws of South Carolina, 1976, relating to the regulation of agricultural liming materials, so as to provide for regulation of landplaster; to revise certain reporting requirements; and to revise the provisions relating to the payment of assessments levied by the State Crop Pest Commission. Effective June 14, 2011.
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Alcohol & Alcoholic Beverages
Alcoholic Permits. Act 67 (R101, H. 3295) amends § 61‑6‑20, as amended, Code of Laws of South Carolina, 1976, relating to definitions in regard to the Alcoholic Beverage Control Act. Effective June 17, 2011.
Beer and Wine Permits. Act 92 (R1, H. 3278), a joint resolution, provides that until June 30, 2011, there are no restrictions on the types of applicants or organizations that may apply for a special fifteen-day beer and wine permit authorized by § 61‑4‑550 of the 1976 Code if the applicant meets all other requirements of the section and all other requirements of law as determined by the Department of Revenue. This Act takes effect upon approval by the Governor and expires June 30, 2011.
Sale of Beer and Wine. Act 66 (R100, H. 3178) amends § 61‑6‑1035, Code of Laws of South Carolina, 1976, relating to the requirements for authorization for the sampling of certain wines, cordials, and other distilled spirits sold in a retail alcoholic liquor store, so as to require the sample products be limited to one wholesaler at a time; to require that the notice of the sampling to the South Carolina Law Enforcement Division contain a copy of a certificate of liability insurance for those conducting the sampling; to require that all product samples be purchased by the retailer from a licensed wholesaler, to require all associated costs of the sampling be paid for by those conducting the sampling, and to allow a retailer to conduct the sampling. Effective June 17, 2011.
Transportation of Alcoholic Liquors. Act 51 (R85, H. 3249) amends § 61‑6‑4020, Code of Laws of South Carolina, 1976, relating to the transportation of alcoholic liquors in a motor vehicle, so as to clarify that the luggage compartment or cargo area in which one may lawfully transport a container of alcoholic liquor with a broken or opened seal or cap is not limited to a closed trunk that is accessible only from the exterior of the vehicle so long as the luggage compartment or cargo area is separate and distinct from the driver's and passengers' compartments; and to provide that §§ 61‑6‑4290 and 61‑6‑4300 do not apply to violations of this section. Effective June 14, 2011.
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Civil Remedies & Procedures
S.C. Fairness in Civil Justice Act. Act 52 (R86, H. 3375) amends the Code of Laws of South Carolina, 1976, so as to enact the "South Carolina Fairness in Civil Justice Act of 2011" by adding Article 5, Chapter 32 to Title 15 so as to provide limits on the award of punitive damages and to provide for certain procedures and requirements relating to the award of these damages; by adding § 1‑7‑750 so as to authorize circuit solicitors to employ outside counsel under certain circumstances; by adding § 38‑77‑250 so as to require every insurer providing automobile insurance coverage in the state to provide certain insurance coverage information when a written request is made by a claimant's attorney and to authorize sanctions by the court for noncompliance; amends § 15‑3‑670, relating to limitations on actions based on unsafe or defective improvements to real property, so as to provide that the violation of a building code does not constitute per se fraud, gross negligence, or recklessness but may be admissible as evidence; and amends § 18‑9‑130, as amended, relating to the effect of a notice of appeal on the execution of judgment, so as to provide limits for appeal bonds. Effective January 1, 2012, and applies to all actions that accrue on or after the effective date except the provisions of Section 3 do not apply to any matter pending on the effective date of this Act.
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Hunting and Fishing. Act 20 (R40, H. 3276) ratifies an amendment to Article I of the Constitution of South Carolina, 1895, relating to the Declaration of Rights under the State's Constitution, by adding Section 25 so as to provide that hunting and fishing are valuable parts of the State's heritage, important for conservation, and a protected means of managing nonthreatened wildlife; to provide that the citizens of South Carolina shall have the right to hunt, fish, and harvest wildlife traditionally pursued, subject to laws and regulations promoting sound wildlife conservation and management as prescribed by the General Assembly; and to specify that this section must not be construed to abrogate any private property rights, existing state laws or regulations, or the State's sovereignty over its natural resources. Effective May 5, 2011.
Ratification of Constitutional Amendment; Labor Elections. Act 4 (R14, S. 277) ratifies an amendment to Article II of the Constitution of South Carolina, 1895, relating to the right of suffrage, by adding Section 12 to guarantee the right of an individual to vote by secret ballot for a designation, a selection, or an authorization for employee representation by a labor organization. Effective April 6, 2011.
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Corporations, Partnerships & Associations
Electric Cooperatives. Act 44 (R67, S. 766) amends § 33‑49‑460, Code of Laws of South Carolina, 1976, relating to distribution of excess revenue to South Carolina's electric cooperatives' members, so as to allow South Carolina electric cooperatives to advocate energy efficiency and renewable energy initiatives in this state and to provide clarity to patronage capital procedures; amends § 27‑18‑20, relating to definitions of terms used in the Uniform Unclaimed Property Act, so as to delete electric cooperative patronage allocations from the Uniform Unclaimed Property Act; amends § 33‑46‑460, relating to the distribution of excess revenue by telephone cooperatives and what constitutes excess revenue, so as to provide procedures for the allocation of patronage capital and policies and procedures regarding abandoned patronage capital; and amends § 27‑18‑30, relating to property that is presumed abandoned pursuant to the Uniform Unclaimed Property Act, so as to delete electric cooperative patronage capital from the purview of the statute. This Act takes effect upon approval by the Governor and applies to patronage capital determined to be unclaimed as of the effective date of the Act.
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Fire and Public Safety Districts. Act 16 (R34, S. 523) amends the Code of Laws of South Carolina, 1976, by adding Article 11 to Chapter 23, Title 4 so as to allow joint county fire districts to utilize the procedures contained in Article 5, Chapter 11, Title 6 to issue general obligation bonds. Effective May 9, 2011.
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Crimes & Offenses
Assault and Battery Offenses. Act 39 (R71, S. 854) amends § 16‑3‑600, Code of Laws of South Carolina, 1976, relating to assault and battery offenses, so as to substitute the term “a person” for the term “an adult.” Effective June 7, 2011.
Hepatitis B and HIV Testing. Act 36 (R62, S. 568) amends § 16‑3‑740, as amended, Code of Laws of South Carolina, 1976, relating to testing of certain offenders for Hepatitis B and Human Immunodeficiency Virus (HIV), so as to further clarify offenders who must be tested and the time frame that testing must be conducted and provide for follow-up testing for HIV when medically appropriate. Effective June 7, 2011.
Immigration Reform. Act 69 (R103, S. 20), comprehensive legislation, includes highlights relating to the following provisions: failure to carry a certificate of alien registration, law enforcement authorization to determine immigration status, false identifications, harboring and transporting illegal aliens, illegal immigration enforcement unit, transport of prisoners to federal facility or custody, civil actions to enforce laws relating to immigration, and employment. SECTION 17 of this Act takes effect upon funding of the Illegal Immigration Enforcement Unit by the General Assembly pursuant to § 23‑6‑60(D) and upon granting of Section 287(g) of the federal Immigration and Nationality Act authority to the Department of Public Safety pursuant to § 23‑6‑60(E). The remaining provisions of this Act take effect on January 1, 2012.
Nonferrous Metals. Act 68 (R102, H. 3660), comprehensive legislation, provides for enhanced penalties relating to obtaining nonferrous metals unlawfully and provides for a permitting process to sell such metals. Effective August 17, 2011.
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Traffic Education Program. Act 55 (R89, H. 3582) amends § 17‑22‑320, Code of Laws of South Carolina, 1976, relating to eligibility for a traffic education program, so as to provide that a person may be considered for the program if he has no significant history of traffic violations. Effective June 14, 2011.
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Education and Economic Development Act. Act 58 (R92, H. 3748) amends § 59‑59‑30, Code of Laws of South Carolina, 1976, relating to the implementation of the Education and Economic Development Act, so as to extend the date by which the Act must be implemented fully. Effective June 14, 2011.
Time Frame in which to Notify Teachers of Employment. Act 97 (R18, S. 629), a joint resolution, requires local school districts to decide and notify teachers of their employment for the 2011-2012 school year by May 15, 2011; requires teachers who are reemployed by written notification to notify the district board of their acceptance within ten days of receipt of written notification of employment; allows districts to uniformly negotiate salaries of retired teachers below the district salary schedule; and provides for notification of a teacher who is being recommended for formal evaluation. Effective April 12, 2011.
Report Cards. Act 100 (R76, H. 3663), a joint resolution, suspends the requirement that the Department of Education provide printed copies of 2011 district and school report cards; requires a school district or school within the district to provide parents with a link to the report cards via email or other communication methods upon certain conditions; requires the Department to suspend writing assessments for certain grades, and provides that writing assessments may not be used in growth calculations; suspends the requirement that schools advertise the district and school 2011 report card, but requires results to be provided to an area newspaper of general circulation; allows high schools to offer state-funded WorkKeys assessments to certain students; provides for a one-year grace period for certain recipients of a South Carolina Teacher Loan, and requires the South Carolina Student Loan Corporation to develop forms and procedures to implement the grace period; and directs savings from certain provisions of this Act. Effective June 7, 2011.
Science Requirements for a Diploma. Act 98 (R36, S. 686), a joint resolution, clarifies the science course requirement for receiving a South Carolina High School Diploma. Effective May 6, 2011.
Snow Days. Act 96 (R6, S. 345), a joint resolution, provides that the governing body of any school district of this state may waive up to five school days missed by students attending schools and charter schools due to inclement weather during the 2010-2011 school year from the make-up requirement that full school days missed due to inclement weather, or other disruptions be made up, and to provide that for any district which waives days as permitted above, the days are also waived for students participating in home school programs approved by the district board of trustees of the district in which the student resides. Effective March 10, 2011.
Teacher Pay. Act 99 (R55, H. 3642), a joint resolution, provides that a local school district may pay teachers based on the years of experience the teachers possessed in the prior fiscal year without negative impact to their experience credit; provides voting and notice requirements for this decision; requires that payment according to the 2010-2011 data be applied uniformly; provides that a local school district may not pay district or school administrators more than they received in fiscal year 2010-2011, and provides for an exception; requires a local school district to pay teachers and school administrators for changes in their education levels; and defines certain terms. Effective May 23, 2011.
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Richland County Election Commission Merger. Act 17 (R37, S. 692) amends § 7‑27‑405, Code of Laws of South Carolina, 1976, relating to the Richland County Election Commission and the Richland County Board of Registration, so as to combine the Richland County Election Commission and the Richland County Board of Registration into a single entity. Effective May 9, 2011.
Uniformed and Overseas Absentee Voters Act. Act 43 (R58, S. 404) enacts the "South Carolina Uniformed and Overseas Citizens Absentee Voters Act;" amends § 7‑15‑400, Code of Laws of South Carolina, 1976, relating to applications and issuance of write-in absentee ballots, so as to limit applicability of the section to a qualified citizen of South Carolina who is eligible to vote under the Uniformed and Overseas Citizens Absentee Voting Act and to add that a qualified absentee elector may alternatively submit a federal write-in absentee ballot for any federal, state, or local office or ballot initiative; amends § 7‑15‑405, relating to eligibility to vote under Uniformed and Overseas Citizens Absentee Voting Act, so as to provide a ballot may be sent instead of mailed; adds § 7‑15‑406 so as to require an absentee ballot sent pursuant to the Uniformed and Overseas Citizens Absentee Voting Act must be mailed to the elector at least forty-five days prior to an election; amends § 7‑15‑460, as amended, relating to absentee ballots as provided by the Uniformed and Overseas Citizens Absentee Voting Act, so as to make the provisions applicable to federal, state, and local offices, and to require that an electronic free access ballot tracking system is available to electors; amends § 7‑15‑220, relating to the signing and witnessing of the oath by the absentee ballot applicant, so as to correct arcane language and provide an exception for witness requirements for voters qualified under the Uniformed and Overseas Citizens Absentee Voters Act; amends § 7‑15‑320, as amended, relating to persons qualified to vote by absentee ballot, so as to further specify persons who may vote by absentee ballot whether or not they are absent from their county of residence on election days; and amends § 7‑15‑380, as amended, relating to the oath of an absentee ballot applicant, so as to clarify existing language. This Act takes effect upon preclearance approval by the United States Department of Justice or approval by a declaratory judgment issued by the United States District Court for the District of Columbia, whichever occurs first.
Voter ID. Act 27 (R54, H. 3003), amends certain sections of Titles 7 and 56, to establish a photographic identification requirement for voting. The comprehensive legislation, among other things, requires that the State Election Commission implement a system for issuing voter registration cards; establishes valid photograph identification; outlines procedures for poll workers; provides for an alternate process of affirming identity; requires that the DMV issue a special identification card to person at least seventeen years of age at no charge; and requires that the State Election Commission establish a voter education program concerning the new provisions. Except for Section 4, the provisions of this Act are effective upon approval by the Governor.
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Environmental Protection & Conservation
Dredging Canals. Act 41 (R75, H. 3587) amends § 48‑39‑10, Code of Laws of South Carolina, 1976, relating to the definition of terms used in the regulation of coastal tidelands and wetlands by the Department of Health and Environmental Control, so as to define "maintenance dredging"; amends § 48‑39‑130, relating to permits required to utilize critical areas and exemptions from such permits, so as to exempt dredging by municipalities and counties in certain existing recreational use canals and essential access canals conveyed to the state or dedicated to the public since 1965 if the dredging is authorized by a permit from the United States Army Corps of Engineers and to provide that Department administered certifications for such dredging are waived; amends § 48‑39‑150, relating to the procedures and requirements for the approval or denial of critical area use permits, including the time within which work must be completed under such permits, so as to provide that work authorized under a maintenance dredging permit must be completed in ten years, rather than five years; requires the Department to promulgate regulations for maintenance dredging; and provides that the provision authorizing dredging pursuant to this Act is repealed July 1, 2026. Effective June 7, 2011.
Piers. Act 25 (R45, H. 3586) amends § 48‑39‑290, as amended, Code of Laws of South Carolina, 1976, relating to the prohibition against new construction or reconstruction seaward of the baseline and exemptions from this prohibition, so as to include in these exemptions associated amenity structures on fishing piers; to exempt such a structure from permit requirements if the local governing body for planning and zoning authorized the construction of the structure; to specify certain structures that are not associated amenity structures; and to provide a maximum amount of the pier that such a structure may cover. Effective May 9, 2011.
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Fish, Game & Watercraft
All-Terrain Vehicle Safety Act, Chandler’s Law. Act 24 (R44, H. 3562) amends the Code of Laws of South Carolina, 1976, by adding Chapter 26 to Title 50 so as to enact "Chandler's Law" so as to provide for regulation of the operation of all-terrain vehicles including minimum age requirements for the operation of all-terrain vehicles, safety course completion requirements, safety equipment requirements, and passenger riding requirements; to provide for the enforcement of the provisions contained in this chapter; to provide that all-terrain vehicles are exempt from ad valorem taxes, and to provide penalties for certain violations; and by adding Article 9 to Chapter 19, Title 56 so as to provide a procedure for the titling of all-terrain vehicles. Effective July 1, 2011.
Displaying Marine Mammals. Act 29 (R52, S. 643) amends § 50‑5‑2310, Code of Laws of South Carolina, 1976, relating to the unlawful exhibit of a marine mammal in this state and providing penalties for violation, so as to prohibit the display of a wild caught or captive-bred dolphin or whale. May 23, 2011.
Interstate Wildlife Violator Compact. Act 12 (R25, H. 3374) amends the Code of Laws of South Carolina, 1976, by adding Chapter 12 to Title 50 so as to enact the "Interstate Wildlife Violator Compact", to provide that the Department of Natural Resources shall execute the Compact with other compact states, and to provide that the Department of Natural Resources shall take all actions necessary to implement the provisions of the Compact. This Act takes effect one year after approval by the Governor, except Section 2 takes effect upon approval by the Governor.
Operative a Vessel with a Blue Light. Act 59 (R95, H. 3792) amends § 50‑21‑85, Code of Laws of South Carolina, 1976, relating to the conditions upon which a person may operate a vessel displaying, reflecting, or flashing a blue light, so as to revise the circumstances in which a person may operate a vessel while displaying a blue light, and to revise the penalty provision. Effective June 14, 2011.
Watercraft. Act 21 (R41, H. 3287) amends § 50‑21‑190, Code of Laws of South Carolina, 1976, relating to the abandonment of watercraft and outboard motors, so as to provide that an abandoned watercraft as identified by the Department of Natural Resources may be removed at the risk and expense of the owner and disposed of by any government agency that has jurisdiction over the area where the abandoned watercraft is located; to provide that the Department must conduct an investigation of a watercraft subject to this provision to determine its status and attempt to notify the last know owner of the watercraft that it has been abandoned; and to further provide that a watercraft abandoned for at least ninety days may be claimed by any person or entity as abandoned property. Effective May 9, 2011.
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Adopt Revised Code Volumes 4A and 14. Act 104 (R13, H. 3551), a joint resolution, adopts revised Code Volumes 4A and 14 of the Code of Laws of South Carolina, 1976, to the extent of their contents, as the only general permanent statutory law of the state as of January 1, 2011. Effective March 16, 2011.
Lobbyist Registration. Act 40 (R74, H. 3183) amends § 2‑17‑20, Code of Laws of South Carolina, 1976, relating to the registration and reregistration of lobbyists, so as to require the payment of all outstanding penalties before a lobbyist may resume lobbying activities; amends § 2‑17‑25, relating to the registration and reregistration of lobbyists' principals, so as to require the payment of all outstanding penalties before a lobbyist's principal may resume lobbying activities; amends § 2‑17‑50, relating to the authority of the State Ethics Commission to enforce filing requirements and assess penalties for failure to file, so as to cap certain fines at five thousand dollars, and to provide that first and second offenses may be tried in magistrates court; amends § 8‑13‑100, relating to the definition of "family member" for the purposes of the Ethics, Government Accountability, and Campaign Reform Act of 1991, so as to include brothers-in-law and sisters-in-law; amends § 8‑13‑700, relating to use of one's official position for official gain, so as to replace certain references to "immediate family" with the broader term "family member"; and amends § 8‑13‑1510, as amended, relating to penalties for either late filing of or failure to file a report or statement required by Chapter 13, Title 8, so as to cap certain fines at five thousand dollars, and to provide that first, second, and third offenses may be tried in magistrates court. Effective June 7, 2011.
Matching Federal Funds. Act 28 (R48, S. 312) amends § 2‑65‑15, Code of Laws of South Carolina, 1976, relating to definitions for purposes of the South Carolina Federal and Other Funds Oversight Act, so as to revise the definition of "matching funds" to include both general fund monies and other fund monies to be used to meet federal match requirements; amends § 2‑65‑20, relating to the appropriation of anticipated federal funds and other funds by the General Assembly in appropriations acts, so as to require state agencies receiving federal funds to provide in budget submissions for the proposed budget details of conditions imposed on the state applicable to federal funds included in the agency's budget submission and information on all federal funds available to the agency which the agency is eligible to request or draw on that have not been requested or drawn upon and the conditions on those funds, require the recommended budget specifically to accept in detail those conditions when federal funds are included in the proposed budget, and to conform the section to reflect the provision of law assigning to the Governor the duty of producing a proposed budget to the General Assembly; amends § 2‑65‑30, relating to expenditure by a state agency of unanticipated federal funds and private grant funds not appropriated in appropriations acts, so as to require the agency's submission of an expenditure proposal for the anticipated funds to the State Budget and Control Board to include the conditions imposed on the state's receipt and expenditure of the federal funds and, in authorizing the receipt and expenditure, the Board's acceptance of the conditions; and amends § 2‑65‑100, relating to exemptions from the South Carolina Federal and Other Funds Oversight Act, so as to provide that the exemption for research and student aid grants applies to nonstate funded grants and contracts and federal financial aid, including work study. This Act takes effect upon approval by the Governor and first applies for agency proposed budget submissions for Fiscal Year 2012-2013 and for all agency requests to the State Budget and Control Board to spend unanticipated federal funds submitted after the effective date of this Act.
Spending Accountability Act. Act 6 (R21, H. 3004) enacts the "Spending Accountability Act of 2011"; and amends the Code of Laws of South Carolina, 1976, by adding § 2‑7‑125 so as to require certain bills and joint resolutions to receive a recorded roll call vote at various stages of their passage by the House of Representatives and the Senate. Effective April 12, 2011.
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Commitment of Tuberculosis Patients. Act 53 (R87, H. 3378) amends Article 3, Chapter 31, Title 44, Code of Laws of South Carolina, 1976, relating to commitment of tuberculosis patients, so as to provide for an emergency order issued by the Department of Health and Environmental Control or an order issued by the Probate Court for the detention, examination, isolation, and treatment of a person with tuberculosis who poses a risk to the public; to provide for the circumstances under which an emergency order may be issued and the scope of an emergency order; to provide review and appeal procedures for an emergency order; to authorize the Court to waive notice requirements under certain circumstances; to prohibit staying a commitment order pending appeal; to provide that involuntary examination of a person with suspected tuberculosis is not compulsory treatment; and to delete provisions pertaining to the establishment of tuberculosis facilities at the State Park Health Center and that the enforcement of this article is contingent upon the availability of facilities for hospitalization. Effective June 14, 2011.
Confidentiality of STD Records. Act 34 (R60, S. 445) amends § 44‑29‑135, Code of Laws of South Carolina, 1976, relating to confidentiality of sexually transmitted disease records held by the Department of Health and Environmental Control, so as to clarify that the Department shall release certain information on a minor if a report of child abuse or neglect is required by law and to provide that in notifying a school district of a child in the district who has AIDS or is infected by HIV, the Department only shall report this information on students in grades kindergarten through fifth grade and to require this information be purged from the student's permanent record before the student enters sixth grade; and adds § 59‑10‑220 so as to require each school district to adopt the Centers for Disease Control and Prevention recommendations on universal precautions for blood borne disease exposure. Effective June 7, 2011.
Definition of Terms Used in the State Certificate of Need and Health Care Facility Licensure Act. Act 47 (R64, S. 687) amends the State Certification of Need and Health Facility Licensure Act so as to replace the term “mental retardation” with “intellectual disability”; replace the term “mentally retarded” with “persons of intellectual disability”; and bring South Carolina into conformity with new federal regulations. Effective June 7, 2011.
Geropsychiatric Distinct Part Unit. Act 94 (R51, S. 590), a joint resolution, establishes a pilot project at two critical access hospitals to assess the provision of care for a defined population of patients at least sixty-five years old and in need of psychiatric crisis stabilization services, provides the purpose of the study, and provides certain requirements. Effective May 23, 2011.
Health Care Facilities. Act 61 (R47, S. 232) amends § 44‑7‑130, as amended, Code of Laws of South Carolina, 1976, relating to definitions of the State Certification of Need and Health Care Facility Act, so as to revise the definition of “health care facility”. Effective June 15, 2011.
Licensure of In-Home Care Providers Act. Act 18 (R38, H. 3012) amends the Code of Laws of South Carolina, 1976, by adding Chapter 70 to Title 44 to enact the "Licensure of In-Home Care Providers Act" so as to require a business to be licensed to provide, or to make provisions for, in-home care services through its employees or agents or through contractual arrangements; to require the Department of Health and Environmental Control to promulgate regulations for licensure requirements, including, but not limited to, license application and renewal requirements, and drug testing and criminal record checks for licensure applicants; to require criminal record checks for in-home caregivers employed by in-home care providers; and to provide that the Department shall retain all fees collected pursuant to this chapter to be used exclusively to carry out the Department's responsibilities pursuant to this chapter; and to amend § 44‑7‑2910, as amended, relating to required criminal record checks for caregivers, so as to also require these checks for in-home care providers. This Act takes effect upon approval by the Governor, except the licensure requirements of § 44‑70‑30 of the 1976 Code, as added by Section 1 of this Act. Those requirements then become mandatory upon the effective date of regulations promulgated by the Department of Health and Environmental Control pursuant to § 44‑70‑40, as added by Section 1 of this Act.
Medicaid Nursing Home Permit Law. Act 95 (R68, S. 793), a joint resolution, directs the Department of Health and Environmental Control for FY 2011-2012 to temporarily suspend enforcement of certain provisions of the medicaid nursing home permit law and to set certain nursing home staffing standards in order to meet appropriations. Effective upon approval by the Governor and applies to Fiscal Year 2011-2012 only.
Prohibiting DHHS from Reducing Provider Rates. Act 77 (R15, S. 434), a joint resolution, suspends Provisos 21.11, 21.15, and 21.20 of Part IB, Act 291 of 2010, the FY 2010-2011 General Appropriations Bill and to suspend a portion of Proviso 89.87 of Part IB, Act 291 of 2010, prohibiting the Department of Health and Human Services from reducing provider rates; to provide that all proposed changes in provider rates must include estimates of the projected dollar cost savings by source of funds and the number of providers and clients impacted; and to require certain reports reconciling actual savings in comparison to the estimates. Effective April 6, 2011.
S.C. Dyslexia Task Force. Act 103 (R80, S. 241), a joint resolution, creates the South Carolina Dyslexia Task Force, provides for the composition of the Task Force, and provides that the Task Force shall report its findings to the General Assembly. Effective June 14, 2011.
Stroke Prevention Act. Act 62 (R81, S. 588) amends the Code of Laws of South Carolina, 1976, by enacting the "Stroke Prevention Act of 2011" by adding Article 6 to Chapter 61, Title 44 so as to establish a statewide system of stroke care. Effective June 21, 2011.
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Highways, Bridges & Ferries
Department of Transportation Mowing. Act 23 (R43, H. 3441) amends the Code of Laws of South Carolina, 1976, by adding § 57‑23‑845 so as to provide that the Department of Transportation may mow and maintain roadside vegetation beyond thirty feet from the pavement adjacent to portions of Interstate Highways 126, 20, 26, and 77. Effective May 9, 2011.
John’s Law. Act 54 (R88, H. 3431) amends the Code of Laws of South Carolina, 1976, so as to enact "John's Law" by adding § 57‑1‑80 so as to require the Department of Transportation to publish on its website the list of all public railroad crossings and the list of railroad crossings programmed for upgrade, and to direct the Department to increase the number of installations of railroad signals or crossing arms, or both, at dangerous railroad crossings contingent upon the receipt of additional funds for the installation of public railroad signals and gates. Effective June 14, 2011.
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Automobile Insurance. Act 7 (R23, H. 3332) amends § 38‑73‑736, Code of Laws of South Carolina, 1976, relating to certain reductions in premium charges, so as to provide certain definitions, subject premium rates charged for liability and collision coverage to certain driver training course credits for a driver who is not a youthful operator, and provide other conditions concerning the credits; amends § 38‑73‑737, relating to driver training course credits toward liability and collision insurance coverage, so as to provide certain definitions, subject premium rates charged for liability and collision coverage to certain driver training course credits for a driver who is a youthful operator, and provide other conditions concerning the credits. Unless otherwise provided, this Act takes effect upon approval by the Governor (April 12, 2011). The provisions of this Act amending § 38‑73‑736 and § 38‑73‑737 take effect December 31, 2011.
Automobile Insurer. Act 8 (R24, H. 3373) amends § 38‑77‑112, Code of Laws of South Carolina, 1976, relating to the exemption of an automobile insurer from the requirement to write automobile insurance coverage for an applicant or existing policyholder, so as to remove certain exemptions from the applicability of this section. Effective April 12, 2011.
Insurance Policies. Act 26 (R49, S. 431) amends the Code of Laws of South Carolina, 1976, by adding § 38‑61‑70 so as to define a "commercial general liability insurance policy", "construction professional", and "construction related work", to provide that a commercial general liability insurance policy must define or be deemed to define the word "occurrence" in a specific manner, and to provide for the scope and limits of applicability of this section. This Act takes effect upon approval by the Governor and applies to any pending or future dispute over coverage that would otherwise be affected by this section as to commercial general liability insurance policies issued in the past, currently in existence, or issued in the future.
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Labor & Employment
Remedies foe Employees Charging Discrimination. Act 50 (R83, S. 694) amends § 41‑15‑520, as amended, Code of Laws of South Carolina, 1976 relating to remedies for employees charging discrimination, so as to provide for referral to the United States Department of Labor allegations made by a private sector employee of a violation of § 41‑15‑510 and to provide for civil remedies. Effective June 14, 2011.
Unemployment Benefits. Act 3 (R11, H. 3286), comprehensive legislation, amends multiple provisions in Title 41 so as to revise the calculation method for certain funding indicators so as to allows the citizens of South Carolina to qualify for the federally funded extension in unemployment benefits. Effective March 14, 2011.
Unemployment Insurance Trust Fund. Act 63 (R93, H. 3762) revises employers’ required contributions to the Unemployment Insurance Trust Fund that is used to provide for the State’s jobless benefits. Effective June 14, 2011.
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Law Enforcement & Public Safety
Orders and Appeals from a State Fire Marshal. Act 37 (R65, S. 693) amends § 23‑9‑70, Code of Laws of South Carolina, 1976, relating to order and appeals from the State Fire Marshal, so as to increase the amount of time that an occupant or owner may appeal the decision of a deputy or resident fire marshal from twenty-four hours to thirty days, and to provide that the State Fire Marshal's decision must be filed within ten days of receiving the notice of appeal; to provide that the appeal period shall not be allowed if the building or any other structure is deemed to be an imminent danger, and to increase the amount of time a person may appeal an order of the State Fire Marshal to an Administrative Law Judge from five to thirty days. Effective June 7, 2011.
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Cherokee County Historical Commission. Act 78 (R12, H. 3436) amends the Code of Laws of South Carolina, 1976, by repealing Act 606 of 1973 relating to the creation and duties of the Cherokee County Historical Commission. Effective March 16, 2011.
Chester County School Board of Trustees. Act 79 (R5, S. 337) amends Act 525 of 1982, as amended, relating to the election of members of the Chester County Council and the Chester County School Board of Trustees, so as to revise the date by which a person shall file a statement of candidacy in order to run for a seat on the Chester County School Board of Trustees. Effective March 16, 2011.
Daniel High School. Act 89 (R7, S. 430), a joint resolution, provides that the school day missed by students attending Daniel High School in the Pickens County School District on August 18, 2010, due to a water main break, is exempt from the make-up requirement that full school days missed due to snow, extreme weather, or other disruptions be made up. Effective March 10, 2011.
Dorchester County Career and Technology Center. Act 81 (R8, S. 563) amends Act 1627 of 1972, as amended, relating to the Dorchester County Career and Technology Center Board of Trustees, so as to provide that the Dorchester County Council shall appoint all members of the Board of Trustees. Effective March 16, 2011.
Dorchester County School District. Act 80 (R9, S. 628) amends Section 3, Act 267 of 1987, relating to the authority of the Dorchester County school districts to set the tax millage for each respective district's annual operating budget, so as to provide that each district may not exceed the millage cap imposed by § 6‑1‑320 without the approval of the Dorchester County Council; and amends Act 593 of 1992, relating to the limit on cash reserves that may be maintained by Dorchester County School Districts 2 and 4, so as to change the limit from five percent to fifteen percent. Effective March 16, 2011.
Edgefield County District Board of Trustees. Act 82 (R19, S. 721) amends Act 955 of 1974, as amended, relating to the compensation of the Edgefield County District School Board of Trustees, so as to provide that the trustees shall receive compensation agreed upon by the Board. Effective April 12, 2011.
Extend One Cent Sales Tax. Act 88 (R35, S. 584) extends the one cent sales tax imposed by Act 378 of 2004, the Lexington County School District Property Tax Relief Act, for an additional seven years. Effective May 9, 2011.
Florence County School District Provisions. Act 84 (R99, S. 920) revises the time and method by which the Board of Trustees of the Florence County School District Number Three are elected to coincide with the general election on the first Tuesday following the first Monday in November in the year in which the member's term expires and to provide that these elections must be conducted by the Florence County Election and Voter Registration Commission; provides that members shall serve terms of three years commencing on the first day of January following the election; extends the expiration date of terms of members whose terms expire in 2012 and 2013 to conform to the provisions of this Act; further specifies filing dates and conduct of these elections; modifies certain procedures for the approval of the district budget, including increased notice requirements, publication of the proposed budget, and public hearings; provides for the certification of the budget, the levy and collection of taxes, and the disbursal of funds to the District; and repeals Act 367 of 2004. Sections 1 through 7 of Act 367 of 2004 are repealed effective January 1, 2012; Sections 1 through 6 of this Act take effect January 1, 2012.
Florence County School District 2. Act 83 (R2, H. 3290) amends Act 806 of 1952, as amended, relating to annual meetings of the school districts of Florence County, so as to require Florence County School District Two to call a separate citizens' meeting on the proposed district budget before June thirtieth of each year, to provide for the location, time, and advertisement of the meetings, and to require the chairman to keep a record of the proceedings and to file them with the District Board of Trustees. Effective February 2, 2011.
Greenwood County Board of Trustees. Act 85 (R10, H. 3243) amends Act 595 of 1994, as amended, relating to the election of members of the Board of Trustees of Greenwood School District 50 in Greenwood County, so as to provide that if the number of candidates for the Board of Trustees is equal to or less than the number of positions to be filled, the County Election Commission shall declare those candidates elected. Effective March 16, 2011.
Establish Kershaw County Housing Authority. Act 86 (R98, S. 913), a joint resolution, establishes the Kershaw County Housing Authority; to provide that powers and duties of the authority are vested in the Kershaw County Housing Authority Commission and to establish terms for the commissioners; to provide for the Housing Authority's functions, rights, powers, duties, and liabilities; and to provide that the South Carolina State Housing Finance and Development Authority shall remain the local housing agency in Kershaw County for the purpose of administering the United States Department of Housing and Urban Development Housing Choice Voucher Program. Effective June 27, 2011.
Pickens County School Board of Trustees. Act 90 (R73, S. 890) amends Act 260 of 1981, as amended, relating to the Pickens County School Board of Trustees, to provide that the electors residing in the Dellwood Subdivision of Anderson County shall be eligible to vote in the election of, and hold office for, the member of the Board of Trustees in the closest contiguous school district in Pickens County. Effective June 7, 2011.
Property Tax Credit. Act 87 (R31, H. 3806), a joint resolution, provides a property tax credit for property tax year 2011 for owner-occupied residential property situated in Lexington County School District Nos. 1 and 4 as the sole remedy for refunding overpayments of property tax on such property for property tax years 2007 and 2008 as a result of the opinion of the South Carolina Supreme Court in the case of Berkeley County School District et al. v. South Carolina Department of Revenue, and to provide for the calculation of the credit and other refunds resulting from the case, and to provide those eligible to receive the credit. Effective April 12, 2011.
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Magistrates & Constables
Kershaw County. Act 179 (R213, H. 4302) amends § 22‑2‑190, Code of Laws of South Carolina, 1976, relating to the county jury area designations for use in magistrates courts, so as to revise the jury areas for Kershaw County to provide for one jury area countywide. Effective May 19, 2010.
Laurens County. Act 149 (R173, H. 4048) amends § 22‑2‑190, Code of Laws of South Carolina, 1976, relating to the county jury area designations for use in magistrates courts, so as to revise the jury areas for Laurens County to provide for one jury area countywide. Effective April 26, 2010.
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Military, Civil Defense & Veterans Affairs
Major General Stanhope S. Spears. Act 93 (R22, H. 3303), a joint resolution, promotes Major General Stanhope S. Spears to the rank of Lieutenant General of the South Carolina Army National Guard effective January 11, 2011. April 12, 2011.
Offense of Fraternization Created. Act 47 (R63, S. 592) amends the Code of Laws of South Carolina, 1976, by adding 25‑1‑3067 so as to create the offense of fraternization. Effective June 7, 2011.
Veterans’ Issues Study Committee. Act 101 (R28, H. 3622), a joint resolution, extends the deadline for the Veterans' Issues Study Committee to submit its written report from September 1, 2010 to January 31, 2012. Effective April 12, 2011.
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Mortgages & Other Liens
Liens. Act 22 (R42, H. 3438) amends § 29‑15‑10, Code of Laws of South Carolina, 1976, relating to liens for repair or storage, so as to exclude from these liens the contents of a towed, stored, or repaired motor vehicle, trailer, mobile home, watercraft, or other item or object subject to towing, storage, or repair. Effective May 9, 2011.
Satisfaction of Mortgage. Act 19 (R39, H. 3104) amends § 29‑3‑330, Code of Laws of South Carolina, 1976, relating to entering a satisfaction of mortgage in the public record, so as to include an acknowledgement form in the satisfaction affidavit. Effective May 9, 2011.
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Department of Motor Vehicles. Act 14 (R32, S. 38) amends § 56‑19‑240, as amended, Code of Laws of South Carolina, 1976, relating to the form and content of applications for vehicle titles, so as to provide that the applicant must provide with the application a valid driver's license or identification card if the applicant is an individual; to provide that the applicant must provide a social security number for a sole proprietor or federal employer identification number and the physical address of the bona fide place of business if the applicant is a business; and to prohibit the titling of vehicles purchased for operation in a foreign jurisdiction. This Act takes effect January 1, 2012, and applies to applications for registration and title made on or after that date.
Driver’s License Suspension. Act 13 (R30, H. 3668) amends the Code of Laws of South Carolina, 1976, by repealing § 56‑1‑745 relating to the driver's license suspension of a person convicted of a controlled substance violation. Effective April 12, 2011.
Expand Size of Temporary Work Zones. Act 49 (R82, S. 594) amends § 56‑5‑1536, Code of Laws of South Carolina, 1976, relating to driving in a temporary work zone, so as to clarify that a temporary work zone area can be on or adjacent to a roadway. Effective June 14, 2011.
License Plates. Act 15 (R33, S. 358) amends § 56‑3‑2335, Code of Laws of South Carolina, 1976, relating to the issuance of research and development license plates by the Department of Motor Vehicles, so as to revise the definition of the term "research and development business", to provide definitions for the terms "business", "contracted fleet owner", "contractor", and "tires"; to revise the application procedure to obtain the license plates, their cost, the distribution of money received from their sale, and the maximum number of license plates that may be issued; to provide for the issuance of fleet research and development license plates, their cost, the distribution of the money received from their sale, and the maximum number of license plates that may be issued; to provide that the Department may enter into certain reciprocal agreements with other states for the purpose of testing and evaluating the performance of research and development business' tires; and to provide that a research and development business, or contracted fleet owner is responsible to take any actions required by another state that are necessary for it to legally test and evaluate the performance of its tires in another state. Effective May 9, 2011.
Traffic Enforcement with Cameras. Act 65 (R97, S. 336) amends the Code of Laws of South Carolina, 1976, by adding § 56‑7‑35 so as to provide that a law enforcement officer who issues a uniform traffic ticket for a violation of a local ordinance or traffic laws relating to speeding or disregarding a traffic control device must issue it incident to and contemporaneous with a traffic stop; to provide that a citation issued pursuant to a local ordinance or traffic law may not be based upon photographic evidence, however, this evidence may be used to corroborate the testimony of a law enforcement officer who observed the offense, and to provide that this section does not apply to toll collection; amends § 56‑5‑710, relating to a local authority's right to regulate its streets and highways and traffic along its streets and highways, so as to provide that a local authority may not issue a uniform traffic citation for violating a local ordinance or the traffic laws relating to speeding or disregarding traffic control devices based upon photographic evidence; amends § 56‑5‑70, as amended, relating to the suspension of requirements relating to the registration, permitting, length, width, weight, load, and time of service for certain vehicles during a state of emergency, so as to revise the provision that provides for the issuance of citations for violating certain traffic laws based on photographic evidence by providing that it also applies to violations of local ordinances, violations based in whole or in part on photographic evidence, whether gathered in conjunction with radar speed detection devices and whether the camera or other electronic device capturing the evidence was attended or unattended at the time it captured this photographic evidence, and to provide the circumstance when a person who received a citation based on photographic evidence may be served notice of the violation after one hour of the occurrence of the violation; and to provide for the establishment of the South Carolina Traffic Enforcement Commission, and its membership, powers and duties. Effective June 17, 2011.
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Reporter’s Comments for the Probate Code. Act 2 (R4, S. 213) directs the South Carolina Code Commissioner to include beginning with the 2011 Cumulative Supplement to the Code of Laws of South Carolina, 1976, certain reporter's comments in regard to various provisions of the South Carolina Probate Code in Title 62, amended by Act 244 of 2010. Effective March 16, 2011.
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Professions & Occupations
Interns and Residents to Fill Prescriptions. Act 35 (R61, S. 494) amends the Code of Laws of South Carolina, 1976, by adding § 40‑15‑265 so as to authorize an intern or resident in an oral surgery training program to treat conditions required by the training program under the supervision of a licensed physician or dentist and to provide that a pharmacist may fill a prescription issued by an intern or resident during the course of the training program. Effective June 7, 2011.
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Appropriations Bill, 2011-2012. Act 73 (R106, H. 3700) makes appropriations and to provide revenues to meet the ordinary expenses of state government for the fiscal year beginning July 1, 2011, to regulate the expenditure of such funds, and to further provide for this operation of state government during this fiscal year and for other purposes. Effective
Capital Reserve Fund. Act # (R107, H. 3701), a joint resolution, appropriates monies from the Capital Reserve Fund for fiscal year 2010-2011. Effective
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Public Officers & Employees
Person Prohibited from Serving on a Governing Body. Act 11 (R29, H. 3625) amends § 8‑13‑735, Code of Laws of South Carolina, 1976, relating to the prohibition against a person, who at the same time serves on the governing body of a state or local political subdivision board or commission and as an employee of the same board or commission or in a position which is subject to the control of the board or commission, making or participating in a decision affecting his economic interests, so as to prohibit a person from serving at the same time as a nonappointed member of the governing board or commission of a water or sewer district, a nonprofit water or sewer corporation, or a water or sewer company organized under state law and as an employee of that board, commission, corporation, or company or in certain other positions, to provide civil penalties for violation, and to provide for standing to allege violations and for the responsibility for court costs, attorney's fees, and damages upon violations. Effective April 7, 2011.
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Public Utilities, Services & Carriers
Energy-Efficiency and Conservation Improvements. Act 56 (R90, H. 3584) amends § 58‑37‑50, Code of Laws of South Carolina, 1976, relating to the financing agreements for the installation of certain energy efficiency and conservation improvements, so as to correct an erroneous cross-reference, to make a technical change, to provide where an electricity or natural gas provider contracts with a third party to perform certain functions, the liability of the third party is limited in a specific manner, and to provide an exception to the limitations of the applicability of this section. Effective June 14, 2011.
Underground Facility Damage Prevention Act. Act 48 (R66, S. 705) amends the Code of Laws of South Carolina, 1976, by adding Chapter 36 to Title 58 so as enact the "Underground Facility Damage Prevention Act," to provide defintions, to provide limits on costs related to this chapter, to require the creation of a notification center association providing for receiving notice of excavation or demolition in a defined area, to create and specify the membership of a board to govern the notification center, to provide miscellaneous requirements and duties related to the notification center, to require certain notice related to excavations, demolitions, and damage resulting during an excavation or demolition, to provide exceptions to the notice requirements and other provisions of this chapter, and to provide penalties for a violation of this chapter; and to repeal §§ 58‑35‑10, 58‑35‑20, 58‑35‑30, 58‑35‑40, 58‑35‑50, 58‑35‑60, 58‑35‑70, 58‑35‑80, 58‑35‑90, 58‑35‑100, 58‑35110, and 58‑35‑120 all relating to the Underground Utility Damage Prevention Act. Effective June 7, 2011.
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Internal Revenue Code Reference Update. Act 5 (R16, S. 522) amends § 12‑6‑40, as amended, Code of Laws of South Carolina, 1976, relating to the application of the Internal Revenue Code to State Income Tax laws, so as to update the reference to the Internal Revenue Code to the year 2010. Effective April 12, 2011.
Real Property Tax Exemptions. Act 57 (R91, H. 3713) amends the Code of Laws of South Carolina, 1976, by adding § 12‑37‑3135 so as to allow a property tax exemption equal to twenty-five percent of the fair market value of a parcel of real property and improvements thereon undergoing an assessable transfer of interest after 2010, which is currently subject to property tax, and subject to the six percent assessment ratio, to provide that this exemption may not reduce the value of the parcel below its current fair market value as reflected on the books of the property tax assessor, to provide that the fifteen percent cap on increases in value attributable to a countywide reassessment program is calculated on the value of the parcel as reduced by this exemption, to require notice to the assessor to claim this exemption which serves for so long as the property remains subject to the six percent assessment ratio, and to provide definitions applicable for the administration of this exemption; amends § 6‑1‑320, as amended, relating to the limit on annual increases on property tax millage imposed for operating purposes, so as to allow a political subdivision, including a school district, to impose millage increases allowed but not imposed for the three preceding property tax years and to exempt from the cap millage imposed for operating purposes by a special tax district; and amends § 12‑37‑251, as amended, relating to the calculation of rollback millage, so as to revise the method of calculating rollback millage and provide for the calculation of an equivalent millage rate in a municipality located in more than one county when those counties have different schedules for implementing a countywide reassessment program. Except where otherwise provided, the Act is effective June 14, 2011.
Sales Tax Exemptions. Act 32 (R56, S. 36) enacts provisions of law pertaining to the payment, collection, and administration of the sales and use tax, by amending Act 99 of 2007, relating to the sales tax exemption for durable medical equipment and supplies, to phase out the sales and use tax imposed on durable medical equipment and related supplies, and to delete provisions relating to further reductions in the sales and use tax on durable medical equipment and related supplies based on general fund revenue growth; amends §§ 12‑36‑90, 12‑36‑910, 12‑36‑1310, and 12‑36‑2120, all as amended, relating to sales and use taxes, to further provide for those instances where sales and use tax applies in connection with warranties and service maintenance contracts sold in connection with the sale of tangible personal property; and amends Article 25, Chapter 36, Title 12, relating to general provisions concerning the payment, collection, and administration of the sales and use tax by adding §§ 12‑36‑2691 and 12‑36‑2692 to provide the applicable requirements and duration for which owning or utilizing a distribution facility within South Carolina is not considered in determining whether the person has a physical presence in South Carolina sufficient to establish a nexus with South Carolina for sales and use tax purposes; and to provide notification and payment procedures and requirements in regard to use taxes due the state of South Carolina. Except where otherwise provided, this Act takes effect June 8, 2011.
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Trade & Commerce
Advertisements, Musical Performance, Sound Recording Defined. Act 60 (R96, H. 4119) amends § 39‑5‑38, Code of Laws of South Carolina, 1976, relating to deceptive or misleading advertisement of a live musical performance, so as to define a sound recording, and to provide certain exemptions, remedies, and a fine. Effective June 14, 2011.
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U.S. Government, Agreements & Relations With
Water Withdrawal, Permitting, Use, and Reporting Act. Act 247 (R300, S. 452) amends Chapter 4, Title 49, Code of Laws of South Carolina, 1976, relating to the "South Carolina Surface Water Withdrawal and Reporting Act". This bill makes comprehensive revisions regarding permitting to the Surface Water Withdrawals and Reporting Act. Provides for new definitions; and provides that all surface water withdrawals, with certain exceptions, must be permitted. Provides that a permit may not be issued to a new applicant unless the Department of Health and Environmental Control determines that the applicant’s proposed use is reasonable to the regulations. Provides for exemptions for emergencies, farm pond, mining, evaporation, hydropower, wildlife management, and special purpose districts. Continues registrations for agricultural operations and requires permitting for existing users, new users, and inter-basin transfers. Sets 20 to 40 years as the term of permit for a new user and 30 to 40 years as the term of permit for an existing user. Establishes that public water systems’ term of permit is up to 50 years based on debt recovery. The Act also addresses “minimum flow” based on mean annual daily flows; provides for nonconsumptive surface water withdrawal and its permitting. Among numerous other provisions, the Act provides for an application procedure for surface water withdrawers who own and operate a licensed impoundment, or new surface water withdrawers who withdraw water from a licensed impoundment. Effective January 1, 2o11.
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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 at 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.gov.
|Education, State Board of
Requirements for Additional Areas of Certification
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