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This issue of the Legislative Update is a comprehensive review of all legislation prefiled by the General Assembly for the 2009 session. It is a report intended to provide a brief synopsis 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 bill 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.


Administration of the Government

Behavioral Health Services Act. H. 3199 Rep. Harrison: A bill to amend § 1‑30‑10, Code of Laws of South Carolina, 1976, relating to the departments in the executive branch of state government, to enact the Behavioral Health Services Act of 2009, so as to add the Department of Behavioral Health Services and to delete the Department of Alcohol and Other Drug Abuse Services and the Department of Mental Health; to amend § 1‑30‑20, relating to agencies previously transferred to the Department of Alcohol and Other Drug Abuse Services, so as to provide that the power and duties of the Department of Alcohol and Other Drug Abuse Services are transferred to and devolved upon the Department of Behavioral Health Services, Division of Alcohol and Other Drug Abuse Services; to amend § 1‑30‑70, relating to agencies previously transferred to the Department of Mental Health, so as to provide that the powers and duties of the Department of Mental Health are transferred to and devolved upon the Department of Behavioral Health Services, Division of Mental Health; by adding § 1‑30‑72 so as to place the Department of Mental Health and the Department of Alcohol and Other Drug Abuse Services under the Department of Behavioral Health Services; by adding Chapter 8 to Title 44 so as to create the Department of Behavioral Health Services comprised of the Division of Alcohol and Other Drug Abuse Services and the Division of Mental Health and to provide for the Department's powers and duties, including developing and implementing a state plan for the coordinated care and unified delivery of behavioral health services and overseeing the administration and delivery of behavioral health services; to amend Chapters 9, 11, 13, and 15 of Title 44, relating, among other things, to the organization and operation of the department of mental health and its facilities, the South Carolina Mental Health Commission, and local mental health programs and boards, so as to conform these Chapters to the provisions of this Act and to provide that the Mental Health Commission is an advisory board to the Division of Mental Health; to amend Chapter 49, Title 44, relating to the Department of Alcohol and Other Drug Abuse Services, so as to conform this Chapter to the provisions of this Act and to create an advisory board to the Division; and to amend §§ 44‑52‑10, 44‑52‑165, 44‑52‑200, and 44‑52‑210, relating, among other things, to alcohol and drug abuse commitments and programs for chemically dependent persons, so as to conform these sections to the provisions of this Act. Referred to Committee on Judiciary.

Criminal Court Docket. S. 57 Senator Ford: A bill to amend § 1‑7‑330, Code of Laws of South Carolina, 1976, relating to attendance at circuit court and preparation of the docket, so as to provide that the chief administrative judge for circuit court rather than the circuit solicitor is responsible for determining the order of cases called for trial for general sessions court. Referred to the Committee on Judiciary.

Department of Administration. S. 128 Senator Sheheen: A bill to amend § 1‑30‑10 of the 1976 Code, relating to the agencies of the executive branch of state government, by adding the Department of Administration; and by adding § 1‑30‑125 to establish the Department of Administration as an agency of the executive branch of state government to be headed by a director appointed by the Governor upon the advice and consent of the Senate, and to transfer to this newly created Department certain offices and divisions of the state Budget and Control Board, the Office of the Governor, and other agencies, and to provide for transitional and other provisions necessary to accomplish the establishment of the Department. Referred to the Committee on Judiciary.

Departments of State Government. S. 136 Senator Sheheen: A bill to amend § 1‑30‑10 of the 1976 Code, relating to the departments of state government, to make technical corrections and to require certain reports from the various departments; to amend § 8‑27‑10, relating to the definition of report for the purposes of the employment protection for reports of violations of state or federal law or regulation, by providing that a report may be a written or oral allegation or testimony to a legislative committee; to amend Chapter 27 of Title 8, relating to employment protection for reports of violations of state or federal law or regulation, by adding § 8‑27‑60 to provide that a summary of the provisions contained in Chapter 27 are posted on the internet website of each public body subject to the provisions of that Chapter; and by adding Chapter 2 to Title 2, relating to legislative oversight of executive departments, to provide that the standing committees of the General Assembly have a duty to review and study the operations of the state agencies within the committee's jurisdiction, to establish committee oversight jurisdiction, to provide for the process by which a committee may initiate an oversight study or investigation, to provide for the manner in which an investigating committee may acquire evidence or information related to the study or investigation, to provide for program evaluation reports, the manner in which they are requested, and the contents of the reports, to provide that all testimony given to an investigating committee must be given under oath, to provide that witnesses testifying in front of an investigating committee may be represented by counsel, and to provide that witnesses are given the benefit of any privilege which he could have claimed in court as a party to a civil action. Referred to the Committee on Judiciary.

Discrimination in Employment. S. 73 (Companion/Similar S. 39, S. 40, S. 75, S. 76) Senator Ford: A bill to amend §§ 1‑13‑20, 1‑13‑30, 1‑13‑70, 1‑13‑80, 1‑13‑90, as amended, and 1‑13‑100, Code of Laws of South Carolina, 1976, all relating to prohibiting discrimination in employment because of race, religion, color, sex, age, national origin, or disability, so as to also prohibit such discrimination because of sexual orientation or gender identity and to define "sexual orientation" and "gender identity". Referred to the Committee on Judiciary.

English Only. S. 3 Senator McConnell: A bill to amend § 1‑1‑696, Code of Laws of South Carolina, 1976, relating to the state's official language, so as to provide that after July 1, 2009, all state agencies and political subdivisions of the state shall offer all services, publications, printed, audio and video materials, and test in an English-only format, unless otherwise required by federal law or regulation, and to provide exceptions.  Referred to the Committee on Judiciary.

Governor. S. 226 Senator Knotts: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 1‑3‑125 so as to provide that while the Governor is physically absent from the state, all of the powers, duties, and responsibilities of the Governor under the laws of this state are devolved upon the Lieutenant Governor for the duration of the time the Governor is physically absent from the state. Referred to the Committee on Judiciary.

Marsh Tacky. H. 3044 Rep. Simrill: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 1‑1‑711 so as to designate the marsh tacky as the official state horse of South Carolina. Referred to Committee on Invitations and Memorial Resolutions.

Removal of Officers by the Governor. S. 66 Senator Ford: A bill to amend § 1‑3‑240, as amended, Code of Laws of South Carolina, 1976, relating to the removal of officers by the Governor, so as to add the South Carolina Public Service Authority Board of Directors to the officers who may be removed by the Governor. Referred to the Committee on Judiciary.

Removal of Officers by the Governor. S. 138 (Companion/Similar S. 139) Senator Sheheen: A bill to amend § 1‑3‑240, Code of Laws of South Carolina, 1976, relating to removal of officers by the Governor, so as to provide that the State Inspector General may be removed by the Governor for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity; and to amend Title 1 of the 1976 Code by adding Chapter 6 so as to create the Office of the State Inspector General, to provide that the State Inspector General is appointed by the Governor with the advice and consent of the Senate, to authorize the State Inspector General to address fraud, waste, abuse, and wrongdoing within the South Carolina executive government agencies; and to provide for the powers, duties, and functions of the office. Referred to the Committee on Judiciary.

Removal of Officers by the Governor. S. 139 (Companion/Similar S. 138) Senators Sheheen and Campsen: A bill to amend § 1‑3‑240, as amended, Code of Laws of South Carolina, 1976, relating to removal of officers by the Governor, so as to provide that the State Inspector General may be removed by the Governor for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity; by adding Chapter 6 to Title 1 so as to create the Office of the State Inspector General, to provide that the State Inspector General is appointed by the Governor with the advice and consent of the Senate, and to authorize the State Inspector General to address fraud, waste, abuse, and wrongdoing within the South Carolina executive government agencies. Referred to the Committee on Judiciary.

Restructuring Act. H. 3147  (Companion/Similar S. 208) Reps. G. R. Smith, Funderburk and Daning: S bill to enact the "South Carolina Restructuring Act" including provisions to amend § 1‑30‑10, as amended, Code of Laws of South Carolina, 1976, relating to the agencies of the executive branch of state government by adding the Department of Administration; by adding § 1‑30‑125 so as to establish the Department of Administration as an agency of the executive branch of state government to be headed by a director appointed by the Governor upon the advice and consent of the General Assembly, and to transfer to this newly created Department certain offices and divisions of the state Budget and Control Board, Office of the Governor, and other agencies, and to provide for transitional and other provisions necessary to accomplish the above; by adding Chapter 2 to Title 2 so as to provide for legislative oversight of executive departments and the processes and procedures to be followed in connection with this oversight; to amend §§ 1‑11‑20, as amended, 1‑11‑22, 1‑11‑55, 1‑11‑56, 1‑11‑58, 1‑11‑65, 1‑11‑67, 1‑11‑70, 1‑11‑80, 1‑11‑90, 1‑11‑100, 1‑11‑110, 1‑11‑180, 1‑11‑220, 1‑11‑225, 1‑11‑250, 1‑11‑260, 1‑11‑270, 1‑11‑280, 1‑11‑290, 1‑11‑300, 1‑11‑310, 1‑11‑315, 1‑11‑320, 1‑11‑335, 1‑11‑340, 1‑11‑435, 2‑13‑240, as amended, Chapter 9 of Title 3; 10‑1‑10, 10‑1‑30, as amended, 10‑1‑40, 10‑1‑130, 10‑1‑190, as amended, Chapter 9 of Title 10, 10‑11‑50, as amended, 10‑11‑90, 10‑11‑110, 10‑11‑140, 10‑11‑330; 11‑9‑610, 11‑9‑620, 11‑9‑630, 11‑35‑3810, as amended, 11‑35‑3820, as amended, 11‑35‑3830, as amended, 11‑35‑3840, as amended, 13‑7‑30, as amended, 13‑7‑830, 44‑53‑530, as amended, and 44‑96‑140; 48‑46‑30, 48‑46‑40, 48‑46‑50, 48‑46‑60, 48‑46‑90, 48‑52‑410, 48‑52‑440, and 48‑52‑460; by adding § 1‑11‑185 relating to various agency or department provisions so as to conform them to the above provisions pertaining to the new Department of Administration or to supplement such provisions. Referred to Committee on Judiciary.

Restructuring Act. S. 208 (Companion/Similar H. 3147) Senators L. Martin and Sheheen: A bill to enact the "South Carolina Restructuring Act" including provisions to amend § 1‑30‑10, Code of Laws of South Carolina, 1976, relating to the agencies of the executive branch of state government by adding the Department of Administration; by adding § 1‑30‑125 to establish the Department of Administration as an agency of the executive branch of state government to be headed by a director appointed by the Governor upon the advice and consent of the Senate, and to transfer to this newly created Department certain offices and divisions of the state Budget and Control Board, Office of the Governor, and other agencies, and to provide for transitional and other provisions necessary to accomplish the above; by adding Chapter 6 to Title 1 to create the Office of State Inspector General as a separate division within the Department of Administration, to provide that the State Inspector General must be appointed by the Governor upon the advice and consent of the Senate, to provide for the purpose, duties, responsibilities, and authority of the State Inspector General, to provide a definition of "executive agencies" for purposes of this Chapter, and to provide for the receipt and investigation of complaints relating to improper or unlawful activity within executive agencies of the state government; to amend §§ 1‑11‑20, as amended, 1‑11‑22, 1‑11‑55, 1‑11‑56, 1‑11‑58, 1‑11‑65, 1‑11‑67, 1‑11‑70, 1‑11‑80, 1‑11‑90, 1‑11‑100, 1‑11‑110, 1‑11‑180, 1‑11‑220, 1‑11‑225, 1‑11‑250, 1‑11‑260, 1‑11‑270, 1‑11‑280, 1‑11‑290, 1‑11‑300, 1‑11‑310, 1‑11‑315, 1‑11‑320, 1‑11‑335, 1‑11‑340, 1‑11‑435, 2‑13‑240, as amended, Chapter 9 of Title 3; 10‑1‑10, 10‑1‑30, as amended, 10‑1‑40, 10‑1‑130, 10‑1‑190, as amended, Chapter 9 of Title 10, 10‑11‑50, as amended, 10‑11‑90, 10‑11‑110, 10‑11‑140, 10‑11‑330; 11‑9‑610, 11‑9‑620, 11‑9‑630, 11‑35‑3810, 11‑35‑3820, 11‑35‑3830, 11‑35‑3840, 13‑7‑30, 13‑7‑830, all as amended, 48‑46‑30, as amended, 48‑46‑40, as amended, 48‑46‑50, 48‑46‑60, 48‑46‑90, 48‑52‑410, 48‑52‑440, 44‑52‑460, 44‑53‑530, as amended, and 44‑96‑140; and to add § 1‑11‑185 all relating to various agency or department provisions so as to conform them to the above provisions pertaining to the new Department of Administration or to supplement such provisions. Referred to the Committee on Judiciary.

S.C. Chief Information Officer Restructuring Act. S. 159 Senator Campsen: A bill to amend the Code of Laws of South Carolina, 1976, to enact the "South Carolina Chief Information Officer Restructuring Act" by adding Article 6 to Chapter 3, Title 1, to establish the Department of the State Chief Information Officer to be headed by the State Chief Information Officer who is appointed by the Governor with the advice and consent of the Senate, and to provide for the powers, duties, and functions of the Department. Referred to the Committee on Judiciary.

State Insurance Plans. S. 187 Senator McConnell: A bill to amend § 1‑11‑730, Code of Laws of South Carolina, 1976, relating to eligibility to participate in state insurance plans, so as to provide that an active, fulltime permanent employee of a state-covered entity approved for disability retirement is eligible to participate in plans with state-paid premiums if the disability is the result of an injury arising out of and in the course of the performance of the person's official duties. Referred to the Committee on Finance.

State Insurance Plans. S. 25 Senator Jackson: A bill to amend § 1‑11‑720, as amended, Code of Laws of South Carolina, 1976, relating to entities whose employees and retirees are allowed to participate in the state health and dental insurance plans, so as to update references relating to the South Carolina Department of Disabilities and Special Needs and to allow employees of Berkeley Citizens, Babcock Center, Charles Lea Center, and Tri Development Center of Aiken County to participate in these plans; and to amend § 9‑1‑10, as amended, relating to definitions for purposes of the South Carolina Retirement System, so as to update references relating to the South Carolina Department of Disabilities in the definitions of "employee" and "employer" and to include within those definitions Berkeley Citizens, Babcock Center, Charles Lea Center, and Tri Development Center of Aiken County. Referred to the Committee on Finance.

Summer Duck. H. 3131 Rep. Toole: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 1‑1‑711 so as to designate the "summer duck" as the official state duck. Referred to Committee on Invitations and Memorial Resolutions.

Sunset Commission. H. 3192 Rep. Rice: A bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 24 to Title 1 so as to establish the South Carolina Sunset Commission and a Sunset Review Division of the Legislative Audit Council, to establish procedures providing for the manner in which the programs of certain agencies and departments of state government must be evaluated to determine if they should be continued in existence, modified, or terminated, and to establish the procedures by which these programs must be continued, modified, or terminated. Referred to Committee on Judiciary.

Truth in Spending Act. S. 221 (Companion/Similar S. 229) Senator Grooms: A bill to amend the Code of Laws of South Carolina, 1976, by adding Article 17 to Chapter 1, Title 1 so as to enact the "South Carolina Truth in Spending Act" to provide that each agency, department, and institution of state government and each local governmental entity must maintain a detailed transaction register of all funds expended each month and post that register online, to provide that each agency, department, and institution of state government and each local governmental entity must post online all of its credit card statements and the credit card statements for credit cards issued to public officials and employees for public use, and to provide that each local governmental entity must annually post online a listing of its full time employees grouped by class along with the number of full time positions in each class and the average salary in each class. Referred to the Committee on Finance.

Truth in Spending Act. S. 229 (Companion/Similar S. 221) Senator Bryant: A bill to amend Chapter 1, Title 1 of the 1976 Code, relating to the administration of government, by adding Article 17, the Truth in Spending Act, to provide that the comptroller general for each agency, department, and institution of state government and each local governmental entity must maintain a detailed transaction register of all funds expended each month and post that register online, to provide that the comptroller general for each agency, department, and institution of state government and each local governmental entity must post online all of its credit card statements and the credit card statements for credit cards issued to public officials and employees for public use, and to provide that each local governmental entity must annually post online a listing of its full time employees grouped by class along with the number of full time positions in each class and the average salary in each class. Referred to the Committee on Finance.

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Alcohol & Alcoholic Beverages

Alcoholic Beverage Control Act. S. 70 Senator Ford: A bill to amend § 61‑2‑20, Code of Laws of South Carolina, 1976, relating to administration and enforcement of the Alcoholic Beverage Control Act and the administration and enforcement of laws and regulations relating to beer, ale, porter, and wine, so as to provide that the administration and enforcement of these laws is reserved to the state and to provide that local ordinances attempting to regulate these matters are unenforceable; and to amend § 61‑4‑120, as amended, relating to the prohibition on Sunday beer and wine sales and the exceptions to this prohibition, so as to provide that beer and wine may be sold or offered for sale at all hours except those hours when such sales are prohibited by state law and to provide that conflicting municipal and county ordinances are unenforceable. Referred to the Committee on Judiciary.

Alcohol Permits. H. 3036 Rep. Hosey: A bill to amend § 61‑4‑520, as amended, relating to the requirements for applicants seeking a retail permit authorizing the sale of beer or wine, so as to require that the building or premises to be used for the sale of beer or wine be inspected and certain documents be on file with the Department of Revenue, including the issuance of a certificate of occupancy and a fire inspection report, before the Department of Revenue may issue or renew a retail beer or wine permit. Referred to Committee on Judiciary.

Beer and Wine. H. 3034 Rep. Hart: A bill to amend § 61‑4‑580, as amended, Code of Laws of South Carolina, 1976, relating to prohibited acts regarding the sale of beer and wine, so as to prohibit the placement of portable containers or coolers containing beer or wine near doors used for ingress or egress from a licensed establishment. Referred to Committee on Judiciary.

Beer and Wine. S. 20 Senator Fair: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 61‑4‑280 so as to provide that a person applying for a license to sell beer and wine or alcoholic liquors must be a resident of the state for one year; by adding § 61‑4‑290 so as to state that the sheriff or chief of police of the appropriate municipality or county may make a recommendation in writing for denial of a beer and wine or alcoholic liquors license; to amend §§ 61‑2‑135 and 61‑2‑136, relating to retaining an alcoholic liquor or beer and wine license when a business is relocated, and to amend § 61‑2‑160, as amended, relating to the issuance, renewal, or transfer of a license when delinquent taxes are due, all so as to provide that the appropriate person must reapply for the license, that renewal or transfer of a license is not automatic, and the provisions of the application process must be complied with including allowing persons and municipal and county governing bodies to protest the issuance of the license; to amend § 61‑4‑520, as amended, relating to requirements for retail beer and wine permits, so as to require the department to send an authorized representative to the premises to ascertain whether the location is unsuitable due to the proximity to residences, schools, playgrounds, or churches before a final determination on whether to issue a license is made, to increase the size requirements of the required notice which must be displayed at the site of the proposed business, and to provide the required legal notice must be in the newspaper with the largest circulation; to amend § 61‑6‑20, as amended, relating to definitions for the purposes of the alcoholic beverage control act, so as to revise the definition of "alcoholic liquors" or "alcoholic beverages" so as to include certain flavored alcoholic beverages; to amend § 61‑6‑120, as amended, relating to prohibitions on issuing alcoholic liquor licenses to places of business within a certain proximity to a church, school, or playground, so as to amend the method of computation, remove the exemption for renewal of licenses, and to require the department to send an authorized representative to the premises to make the appropriate measurements before a final determination on whether to issue a license is made; to amend § 61‑6‑180, as amended, relating to notice of application for an alcoholic liquor license, so as to increase the size requirements of the required notice which must be displayed at the site of the proposed business, to apply the notice requirements to renewals of licenses, and to provide the required legal notice must be in the newspaper with the largest circulation; to amend § 61‑6‑1820, as amended, relating to notice for a license to sell minibottles, so as to increase the size requirements of the required notice which must be displayed at the site of the proposed business and to provide the required legal notice must be in the newspaper with the largest circulation; to amend §§ 61‑4‑525, 61‑6‑185, and 61‑6‑1825, all as amended, all relating to protests of certain beer and wine, alcoholic liquors, and minibottle licenses, all so as to authorize municipal and county governing bodies to protest the issuance of the licenses under similar circumstances as persons already authorized to file a protest and to allow persons to come before the appropriate governing body to ask the body to file a written protest. Referred to the Committee on Judiciary.

Recycling. S. 173 Senator Cleary: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 61‑2‑270 to provide that the Department of Revenue, with the assistance of the Department of Health and Environmental Control, shall develop a model recycling program for permit holders for on-premises consumption of beer, wine, or alcoholic liquor by the drink, and to provide that the same permit holders must comply with the model program by separating, storing, and providing for the collection for recycling of all recyclable beverage containers of all beverages sold on the premises. Referred to the Committee on Judiciary.

Underage Drinking. H. 3164 Rep. Bedingfield: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 61‑4‑95, so as to create the offense of unlawfully providing beer or wine to a person under the age of twenty-one when death results and to provide a penalty; and by adding § 61‑6‑4083 so as to create the offense of unlawfully providing alcoholic liquors to a person under the age of twenty-one when death results and to provide a penalty. Referred to Committee on Judiciary.

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Agriculture

Agritourism. S. 104 Senator Verdin: A bill to amend Title 46 of the 1976 Code, relating to agriculture, by adding Chapter 53, to limit the liability that an agritourism professional may incur due to an injury or death suffered by a participant in an agritourism activity, to provide that an agritourism professional must post a warning notice at the agritourism facility, to provide that warning notices must be included in contracts the agritourism professional enters into with participants, and to provide that the agritourism professional's liability is not limited if the proper warning notices are not provided to participants. Referred to the Committee on Agriculture and Natural Resources.

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Animals, Livestock & Poultry

Ill-Treatment of Animals. S. 102 Senator Grooms: A bill to amend § 47‑1‑40, as amended, Code of Laws of South Carolina, 1976, relating to the ill-treatment of animals, to clarify that the provisions of the section do not apply to the practice of veterinary medicine in accordance with accepted veterinary standards. Referred to the Committee on Agriculture and Natural Resources.

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Banking, Financial Institutions & Money

Deferred Presentment Loan Tracking Database. S. 15 (Companion/Similar S. 47, S. 87, S. 113, H. 3159) Senator Lourie: A bill to amend Chapter 39 of Title 34 of the 1976 Code, relating to deferred presentment services, by adding § 34‑39‑175 to provide that the Consumer Finance Division of the Board of Financial Institutions must implement a deferred presentment loan tracking database and to provide for information required in the database; to add § 34‑39‑270 to limit consumers to one deferred presentment loan at a time, to provide for a seven day waiting period between loans, to require deferred presentment providers to verify a consumers eligibility for a loan prior to entering a deferred presentment transaction, to provide for the process to determine eligibility; to add § 34‑39‑280 to provide that under certain circumstances a consumer may utilize a payment plan to satisfy an outstanding loan, to provide for the circumstances under which a payment plan may be used, and the requirements for a payment plan; to add § 34‑39‑290 to provide that the Board must make annual reports and to provide for the contents of those reports; to amend § 34‑39‑130 to provide for the applicability of Chapter 39 of Title 34; to amend § 34‑39‑150 to provide that the application fee for new licenses and license renewal fees are increased from two hundred fifty dollars to five hundred dollars; to amend § 34‑39‑180 to provide for a maximum loan amount based upon the consumer's gross income or five hundred dollars, to provide for consumer warning statements, to provide that deferred presentment providers may not enter into a loan with a consumer satisfying another loan pursuant to an extended payment plan, and to provide that the board must develop a form to be used by deferred presentment providers to calculate the maximum amount that may be lent to a consumer; to amend § 34‑39‑200 to provide additional limitations on the activities of licensed deferred presentment providers; to amend Chapter 39 of Title 34 by adding § 39‑34‑205 to place on-premises advertising limitations; and to amend § 34‑39‑170 to provide that consumers and deferred presentment providers may not enter into agreements that allow for automatic debited loan payments. Referred to the Committee on Banking and Insurance.

Deferred Presentment Loan Tracking Database. S. 113 (Companion/Similar S. 15, S. 47, S. 87, H. 3159) Senator Malloy: A bill to amend Chapter 39 of Title 34 of the 1976 Code, relating to deferred presentment services, by adding § 34‑39‑175 to provide that the Consumer Finance Division of the Board of Financial Institutions must implement a deferred presentment loan tracking database and to provide for information required in the database; to add § 34‑39‑270 to limit consumers to one deferred presentment loan at a time, to provide for a seven day waiting period between loans, to require deferred presentment providers to verify a consumers eligibility for a loan prior to entering a deferred presentment transaction, and to provide for the process to determine eligibility; to add § 34‑39‑280 to provide that under certain circumstances a consumer may utilize a payment plan to satisfy an outstanding loan, to provide for the circumstances under which a payment plan may be used, and the requirements for a payment plan; to add § 34‑39‑290 to provide that the Board must make annual reports and to provide for the contents of those reports; to amend § 34‑39‑130 to provide for the applicability of Chapter 39 of Title 34; to amend § 34‑39‑150 to provide that the application fee for new licenses and license renewal fees are increased from two hundred fifty dollars to five hundred dollars; to amend § 34‑39‑180 to provide for a maximum loan amount based upon the consumer's gross income or five hundred dollars, to provide for consumer warning statements, to provide that deferred presentment providers may not enter into a loan with a consumer satisfying another loan pursuant to an extended payment plan, and to provide that the Board must develop a form to be used by deferred presentment providers to calculate the maximum amount that may be lent to a consumer; to amend § 34‑39‑200 to provide additional limitations on the activities of licensed deferred presentment providers; to amend Chapter 39 of Title 34 by adding § 39‑34‑205 to place on-premises advertising limitations; and to amend § 34‑39‑170 to provide that consumers and deferred presentment providers may not enter into agreements that allow for automatic debited loan payments. Referred to the Committee on Banking and Insurance.

Deferred Presentment Loans. S. 87 (Companion/Similar S. 15, S. 47, S. 113, H. 3159) Senator Ford: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 34‑39‑175 so as to provide for a common database of deferred presentment transactions implemented by the Consumer Finance Division of the Board of Financial Institutions and accessible to deferred presentment providers to verify if an applicant has an existing or recently terminated deferred presentment transaction for purposes of determining eligibility to enter into a new transaction, to provide for the information required, and to allow a fee up to one dollar for submitted data; by adding § 34‑39‑205 so as to prohibit misleading advertising on the premises of a deferred presentment provider; by adding § 34‑39‑270 so as to prohibit a new deferred presentment transaction with a person who has an existing transaction, an extended payment plan, or has ended a transaction earlier than seven days from application, to provide further for the submission of and access to information in the common database, and to provide for a fee and for confidentiality; by adding § 34‑39‑280 so as to provide for an extended payment plan for payment of an outstanding deferred presentment transaction and the required terms; by adding § 34‑39‑290 so as to require an annual report of these transactions by the Board of Financial Institutions to the General Assembly; to amend § 34‑39‑130, relating to licensure requirements in connection with a person engaging in the business of deferred presentment services, so as to prohibit business in this state without a license, to further differentiate between a person required to be licensed and a bona fide state or federally chartered bank, thrift, savings association, or credit union, and to require compliance with state and federal law when acting for a third party lender; to amend § 34‑39‑150, relating to application for licensure, so as to increase the application fee and annual renewal fee from two hundred fifty dollars to five hundred dollars and the multiple location fee from fifty dollars to one hundred dollars; to amend § 34‑39‑170, relating to restrictions on the advancement of monies, so as to prohibit an electronic funds transfer for automatic payment of a deferred presentment transaction; to amend § 34‑39‑180, relating to restrictions and requirements for a deferred presentment transaction, so as to limit the total amount advanced to the lesser of five hundred dollars or twenty-five percent of the customer's gross income during the loan period, to require disclosure of the nature of the transaction and the customer's rights, to prohibit a loan to a person who is engaged in an extended payment plan, and to provide for forms for calculation of permissible loan amounts; and to amend § 34‑39‑200, relating to limitations on licensees, so as to require compliance with law when acting for a third-party lender. Referred to the Committee on Banking and Insurance.

Deferred Presentment Services. H. 3048 Rep. Clemmons: A bill to amend § 34‑39‑130, Code of Laws of South Carolina, 1976, relating to licensure requirements in connection with a person engaging in the business of deferred presentment services, so as to prohibit a nonresident from engaging in those services in this state without a license and to further differentiate between a person required to be licensed and a bona fide state or federally chartered bank, thrift, savings association, or credit union; to amend § 34‑39‑180, relating to restrictions and requirements for deferred presentment or deposit of a check, so as to cap the annual interest rate chargeable at thirty-six percent; to amend § 34‑39‑200, relating to limitations on licensees, so as to limit the licensee to one contract with a customer at a time; and to amend § 34‑39‑230, relating to civil penalties for violations, so as to void a violating contract, provide for damages, make a violation an unfair trade practice, make the penalties in this Chapter cumulative of all remedies, both legal and equitable, prohibit the enforcement of an unconscionable arbitration provision, and outline factors for determining unconscionability. Referred to Committee on Labor, Commerce and Industry.

Deferred Presentment Services. H. 3157 Rep. Whipper: A bill to amend § 34‑39‑150, Code of Laws of South Carolina, 1976, relating to application for licensure as a deferred presentment service, so as to provide that the board of financial advisors notify the office of the Secretary of State of the name and address of each licensee; to amend § 34‑39‑160, relating to qualifications for licensure as a deferred presentment service, so as to provide that the applicant may not place a licensed location within a three-mile radius of an existing licensed location or the location of a check-cashing service; to amend § 34‑39‑180, relating to restrictions and requirements for presentment or deposit, so as to limit the aggregate total of advanced monies to one customer in any thirty-one day period to three hundred dollars; and to amend § 34‑39‑190, relating to books, accounts, and records of a deferred presentment service, so as to provide that they must be accessible by the Department of Consumer Affairs. Referred to Committee on Labor, Commerce and Industry.

Deferred Presentment Services. H. 3159 (Companion/Similar S. 15, S. 47, S. 87, S. 113) Rep. Gunn: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 34‑39‑175 so as to provide for a common database of deferred presentment transactions implemented by the Consumer Finance Division of the Board of Financial Institutions and accessible to deferred presentment providers to verify if an applicant has an existing or recently terminated deferred presentment transaction for purposes of determining eligibility to enter into a new transaction, to provide for the information required, and to allow a fee up to one dollar for submitted data; by adding § 34‑39‑205 so as to prohibit misleading advertising on the premises of a deferred presentment provider; by adding § 34‑39‑270 so as to prohibit a new deferred presentment transaction with a person who has an existing transaction, an extended payment plan, or has ended a transaction earlier than seven days from application, to provide further for the submission of and access to information in the common database, and to provide for a fee and for confidentiality; by adding § 34‑39‑280 so as to provide for an extended payment plan for payment of an outstanding deferred presentment transaction and the required terms; by adding § 34‑39‑290 so as to require an annual report of these transactions by the Board of Financial Institutions to the General Assembly; to amend § 34‑39‑130, relating to licensure requirements in connection with a person engaging in the business of deferred presentment services, so as to prohibit business in this state without a license, to further differentiate between a person required to be licensed and a bona fide state or federally chartered bank, thrift, savings association, or credit union, and to require compliance with state and federal law when acting for a third party lender; to amend § 34‑39‑150, relating to application for licensure, so as to increase the application fee and annual renewal fee from two hundred fifty dollars to five hundred dollars and the multiple location fee from fifty dollars to one hundred dollars; to amend § 34‑39‑170, relating to restrictions on the advancement of monies, so as to prohibit an electronic funds transfer for automatic payment of a deferred presentment transaction; to amend § 34‑39‑180, relating to restrictions and requirements for a deferred presentment transaction, so as to limit the total amount advanced to the lesser of five hundred dollars or twenty-five percent of the customer's gross income during the loan period, to require disclosure of the nature of the transaction and the customer's rights, to prohibit a loan to a person who is engaged in an extended payment plan, and to provide for forms for calculation of permissible loan amounts; and to amend § 34‑39‑200, relating to limitations on licensees, so as to require compliance with law when acting for a third-party lender. Referred to Committee on Labor, Commerce and Industry.

Deferred Presentment Services. S. 47 (Companion/Similar S. 15, S. 87, S. 113, H. 3159) Senator Ford: A bill to amend Chapter 39 of Title 34 of the 1976 Code, relating to deferred presentment services, by adding § 34‑39‑175, to provide that the Consumer Finance Division of the Board of Financial Institutions must implement a deferred presentment loan tracking database and to provide for the information required in the database; to add § 34‑39‑270, to place a limit on the amount of outstanding principal a borrower may have, to provide for a two day waiting period between loans, to require deferred presentment lenders to verify a consumer's eligibility for a loan prior to entering into a deferred presentment transaction, and to provide for the process to determine eligibility; to add § 34‑39‑280, to provide that under certain circumstances a borrower may utilize a payment plan to satisfy outstanding loans, to provide for the circumstances under which a payment plan may be used, and the requirements for a payment plan; to add § 34‑39‑290, to provide that the board must make annual reports and to provide for the contents of the reports; to amend § 34‑39‑130, to provide for the applicability of Chapter 39; to amend § 34‑39‑150 to provide that the application fee for new licenses and the license renewal fees are each increased from two hundred fifty dollars to five hundred dollars and to provide that half of the fees must be credited to the Attorney General's office to establish a division to enforce the provisions of this Act; to amend § 34-39‑180, to provide for a maximum loan amount that may not exceed the lesser of twenty percent of the borrower's gross income during the term of the loan or five hundred dollars and to provide for consumer warning statements; and to amend § 34‑39‑200 to provide additional limitations on the activities of licensed deferred presentment providers. Referred to the Committee on Banking and Insurance.

Payday Loans. H. 3056 Rep. Hart: A bill to amend § 34‑29‑140, as amended, Code of Laws of South Carolina, 1976, relating to charges permitted and other provisions allowed in consumer finance transactions, so as to exclude "payday loans", known as deferred presentment transactions; to amend § 34‑39‑140, relating to application of the provisions requiring licensing of a person engaged in the business of deferred presentment transactions, so as to make the provisions applicable to a person actually engaged in that business while purporting to act as an entity that would not be required otherwise to be licensed; to amend § 34‑39‑180, relating to restrictions and requirements for deferred presentment, so as to limit the number and the amount of a transaction for each customer and to cap the annual interest rate chargeable in a deferred presentment transaction to thirty-six percent; to amend § 34‑39‑200, relating to limitations on licenses, so as to restate the limit of one contract with a customer at a time; to amend § 37‑3‑201, relating to the allowable loan finance charge for consumer loans, and § 37‑3‑305, as amended, relating to the posting of a maximum rate schedule for consumer loans, both so as to exclude their applicability to a deferred presentment transaction. Referred to Committee on Labor, Commerce and Industry.

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Children’s Code

Child’s Right to Counsel. H. 3201 Rep. Whipper: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 63‑19‑1050 so as to provide that a child or the child's parent or guardian may not waive the child's right to counsel when the family court proceeding may result in detention or confinement of the child; and to amend §§ 63‑19‑830 and 63‑19‑1030, relating to family court detention hearings and prehearing inquiries and investigations, respectively, both so as to delete provisions allowing a child to waive the right to counsel under certain circumstances. Referred to Committee on Judiciary.

Family Court. S. 170 Senator Cleary: A bill to amend Title 63, as amended, Code of Laws of South Carolina, 1976, by adding § 63‑17‑385 to authorize the family court to issue a rule to show cause upon the filing of an affidavit that a parent has failed to pay court-ordered support, other than periodic payment of funds for the support of the child, to provide for service by regular mail, to provide that the affidavit and certain other documentation is prima facie evidence of nonpayment, shifting the burden of proof, and to provide a defense. Referred to the Committee on Judiciary.

Family Court Judges. S. 64 Senator Ford: A bill to amend § 63-3-30, Code of Laws of South Carolina, 1976, relating to the qualifications and terms of family court judges, so as to provide that family court judges shall be popularly elected from state senatorial districts by the qualified voters of each district, and to provide that judicial screening procedures in Chapter 19, Title 2 do not apply to these popularly elected judges; and to repeal § 63-3-40 relating to the number of family court judges assigned to each judicial circuit. Referred to the Committee on Judiciary.

Family Court Jurisdiction. H. 3110 (Companion/Similar H. 3099) Rep. Kirsh: A bill to amend § 63‑3‑530, Code of Laws of South Carolina, 1976, relating to the jurisdiction of the family court in a domestic matter, and § 59‑28‑160, relating to the powers of a local school board of trustees in relation to promoting parental involvement in their children's school activities, both so as to provide that the school board may petition the family court, and the family court has jurisdiction to hear a petition, to require a parent or legal guardian of a student who habitually exhibits disruptive behavior in the classroom to attend a parent-teacher conference. Referred to Committee on Judiciary.

Grandparents Visitation. H. 3165 Rep. King: A bill to amend § 63‑3‑530, Code of Laws of South Carolina, 1976, relating to the jurisdiction of the family court, including jurisdiction to order visitation for grandparents, so as to provide that if the court finds that the child's parents are depriving the grandparent visitation with the child and that it is in the child's best interest to have visitation with the grandparent, the court may order visitation under certain circumstances. Referred to Committee on Judiciary.

Guardian Ad Litem. H. 3118  Rep. Kirsh: A bill to amend § 63‑11‑530, Code of Laws of South Carolina, 1976, relating to the powers and duties of guardians ad litem in child abuse and neglect cases, so as to provide that the South Carolina Guardian Ad Litem Program has the right to intervene in a proceeding to petition to have the guardian ad litem removed if the guardian ad litem is not in compliance with state law or is not acting in the best interest of the child; and to amend § 63‑11‑550, relating to confidentiality of reports and information maintained by the guardian ad litem program, so as to also provide that reports and information maintained by a guardian ad litem is confidential. Referred to Committee on Judiciary.

Guardian Ad Litem Fee. H. 3182 Rep. J. R. Smith: A bill to amend § 63‑3‑850, Code of Laws of South Carolina, 1976, relating to compensation of a guardian ad litem, so as to provide a party who is indigent may not be required to pay a guardian ad litem fee. Referred to Committee on Judiciary.

Military Parent Equal Protection Act. H. 3171 (Companion/Similar S. 155) Rep. J. E. Smith: A bill to amend the Code of Laws, 1976, by adding Article 7 to Chapter 5, Title 63 so as to enact the "Military Parent Equal Protection Act", to provide that a military parent's military service shall not be considered a change in circumstance for purposes of child custody and visitation, to provide that the custodial nonmilitary parent must reasonably accommodate the military parent's leave schedule, to provide that the family court may hold an expedited temporary hearing to ensure that the military parent has access to a minor child, and to provide that an increase or decrease in earning capacity due to military service is not considered a permanent change; and by adding § 15‑1‑340 so as to provide that a service member entitled to a stay pursuant to the Service Members Civil Relief Act may seek relief and provide testimony by electronic means under certain conditions. Referred to Committee on Judiciary.

Parent-Teacher Conferences. H. 3099 (Companion/Similar H. 3110) Rep. Kirsh: A bill to amend § 63‑3‑530, Code of Laws of South Carolina, 1976, relating to the jurisdiction of the family court in a domestic matter, and § 59-28-160, relating to the powers of a local school board of trustees in relation to promoting parental involvement in their children's school activities, both so as to provide that the school board may petition the family court, and the family court has jurisdiction to hear a petition, to require a parent or legal guardian of a student who habitually exhibits disruptive behavior in the classroom to attend a parent-teacher conference. Referred to Committee on Judiciary.

Prenuptial Agreements. H. 3190 Rep. Delleney: A bill to amend § 63‑3‑530, Code of Laws of South Carolina, 1976, relating to jurisdiction of family court and probate court, so as to provide family court has exclusive jurisdiction to interpret a prenuptial agreement, and may approve a prenuptial agreement prior to a marriage. Referred to Committee on Judiciary.

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Civil Remedies & Procedures

Attorney Fees. S. 186 Senator McConnell: A bill to amend § 15‑77‑300, Code of Laws of South Carolina, 1976, relating to allowance of attorney's fees in state-initiated actions, so as to limit the fee to a reasonable time expended at a reasonable rate. Referred to the Committee on Judiciary.

Gas. S. 196 Senator McConnell: A bill to amend Chapter 3, Title 15, Code of Laws of South Carolina, 1976, relating to civil actions, so as to limit liability for certain liquefied petroleum gas providers for injuries or damages proximately caused by alterations, modifications, or repairs of liquefied petroleum gas equipment the liquefied petroleum gas provider could not have discovered, or when liquefied petroleum gas equipment is used in a manner or for a purpose other than that which the equipment was intended to be used, or could reasonably have been foreseen to be used for, and to provide an effective date. Referred to the Committee on Judiciary.

Public Notice. H. 3183 Rep. M. A. Pitts: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 15‑29‑110 so as to authorize publication of a certain public notice, legal notice, or advertisement through a public notice website, and to establish certain requirements and procedures for a public notice website provider. Referred to Committee on Judiciary.

Tort Claims Act. H. 3168 Rep. Whipper: A bill to amend § 15‑78‑100, Code of Laws of South Carolina, 1976, relating to the South Carolina Tort Claims Act and instituting an action, so as to provide that certain causes of action must be filed in magistrates court; to amend § 15‑78‑120, relating to limitations on liability, the prohibition against the recovery of certain damages, and the requirement of an attorney's signature on certain documents, so as to provide that a state agency or political subdivision may be represented by certain delineated representatives; and to amend § 22‑3‑20, relating to civil actions in which a magistrate does not have jurisdiction, so as to make conforming changes. Referred to Committee on Judiciary.

Uniform Interstate Depositions and Discovery Act. S. 21 Senator Hayes: A bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 47 to Title 15 so as to enact the "Uniform Interstate Depositions and Discovery Act", to provide an efficient and inexpensive procedure for litigants to depose out-of-state individuals and for the production of discoverable materials that may be located out of state. Referred to the Committee on Judiciary.

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Consumer Protection Code

Loans. S. 111 Senator Malloy: A bill to amend § 37‑3‑413 of the 1976 Code, relating to short-term vehicle secured loans, to amend the definition of short-term vehicle secured loan to include all lenders that make nonpurchase money vehicle secured loans, to include all nonpurchase money vehicle secured loans regardless of the term of the loan, and to change the terminology from short-term vehicle secured loan to title loan; to provide that a loan may be extended for no more than one hundred eighty days; to provide that the principal of the loan cannot exceed eighty-five percent of the fair market retail value of the vehicle securing the loan; to increase the rescission period from one to three days; to provide that the consumer must be given a conspicuous notice of his right of rescission; and to provide that the lender may charge up to forty-eight percent annual interest for the loan. Referred to the Committee on Banking and Insurance.

Mortgage Insurance Premium. H. 3049 Rep. Toole: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 37‑23‑90 so as to provide for the termination of acceptance of mortgage insurance premium payments and the return of escrowed mortgage insurance premiums by a lender who required mortgage insurance in connection with a consumer home loan transaction under certain circumstances. Referred to Committee on Labor, Commerce and Industry.

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Corporations, Partnerships & Associations

Charitable Organizations. H. 3054 Rep. Kirsh: A bill to amend §§ 33‑56‑20, Code of Laws of South Carolina, 1976, relating to definitions for purposes of the Solicitation of Charitable Funds Act, 33‑56‑30, as amended, relating to registration statements of a charitable organization, and 33‑56‑50, as amended, relating to exemptions from registration as a charitable organization, all so as to require that at least eighty percent of the gross receipts from contributions a charitable organization solicits in this state be used directly for the stated charitable purpose of the organization and to include communication and advocacy as part of the defined charitable purpose. Referred to Committee on Judiciary.

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Corrections, Jails, Probations, Paroles & Pardons

Department of Corrections; FOIA. S. 218 Senator Fair: A bill to amend §§ 24‑13‑210 and 24‑13‑230, both as amended, Code of Laws of South Carolina, 1976, relating to good behavior, work, and academic credits, so as to require the Director of the Department of Corrections to establish policies and procedures to restore to an inmate good-time credit lost for a disciplinary action if the inmate is not found guilty of a subsequent disciplinary action, to allow the Director to award good-time credit to an inmate who performs certain meritorious acts, and to provide that the Director must establish policies and procedures to allow certain prisoners who are enrolled in certain programs that include self-help programs to receive a reduction in their sentences; to amend § 24‑27‑200, relating to the forfeiture of work, education, or good conduct credits, so as to provide that a reduction in these credits may be implemented pursuant to an administrative law judge's recommendation; and to amend § 30‑4‑40, as amended, relating to matters exempt from disclosure under the Freedom of Information Act, so as to provide that certain architectural plans, drawings, or schematics or law enforcement policies whose disclosure would reasonably be used to facilitate an escape from lawful custody may be exempt from disclosure. Referred to the Committee on Corrections and Penology.

Home Detention. S. 34 Senator Ford: A bill to amend § 24‑13‑1530, Code of Laws of South Carolina, 1976, relating to correctional programs for which home detention may be substituted, so as to provide that a court may sentence certain offenders to a home detention program as an alternative to incarceration. Referred to the Committee on Corrections and Penology.

Local Detention Facility Mutual Aid and Assistance Act. S. 217 Senator Fair: A bill which amends multiple sections of Title 24, Code of Laws of South Carolina, 1976, relating to the designation of places of confinement for inmates. Referred to the Committee on Corrections and Penology.

Middle Court Processes Act. H. 3166 (Companion/Similar S. 206) Reps. G. M. Smith, Delleney, G. R. Smith, Clemmons and Parker: A bill to amend § 24‑13‑100, Code of Laws of South Carolina, 1976, relating to the definition of the term "no parole offense", so as to revise the definition to include Class D, E, and F felonies, Class A, B, and C misdemeanors, and offenses classified as exempt which are punishable by a maximum term of imprisonment of one year or more, to provide that a person who is found guilty of, or pleads guilty or nolo contendre to, a "no parole offense" is not eligible for early release from incarceration under certain circumstances, and to provide an exception related to the Youthful Offender Act; and by adding Chapter 29 to Title 14 so as to enact the "Middle Court Processes Act", to require the creation and administration of a middle court process in each judicial circuit by the Attorney General, to provide for the appointment, powers, and duties of a middle court judge, to provide requirements for an offender to qualify for admission to a middle court process, and to require funding of the middle court process by the General Assembly to the Judicial Department, the Attorney General's Office, and the Department of Probation, Parole and Pardon Services. Referred to Committee on Judiciary.

Middle Court Processes Act. S. 206 (Companion/Similar H. 3166) Senator L. Martin: A bill to amend § 24‑13‑100, Code of Laws of South Carolina, 1976, relating to the definition of the term "no parole offense", so as to revise the definition to include Class D, E, and F felonies, Class A, B, and C misdemeanors, and offenses classified as exempt which are punishable by a maximum term of imprisonment of one year or more, to provide that a person who is found guilty of, or pleads guilty or nolo contendre to, a "no parole offense" is not eligible for early release from incarceration under certain circumstances, and to provide an exception related to the Youthful Offender Act; and by adding Chapter 29 to Title 14 so as to enact the "Middle Court Processes Act", to require the creation and administration of a middle court process in each judicial circuit by the Attorney General, to provide for the appointment, powers, and duties of a middle court judge, to provide requirements for an offender to qualify for admission to a middle court process, and to require funding of the middle court process by the General Assembly to the Judicial Department, the Attorney General's Office, and the Department of Probation, Parole and Pardon Services. Referred to the Committee on Judiciary.

Reduction of Recidivism Act. S. 191 Senator McConnell: A bill to enact the South Carolina Reduction of Recidivism Act of 2009, so as to provide law enforcement officers with the statutory authority to reduce recidivism rates, apprehend criminals and protect potential victims from criminal enterprises by authorizing warrantless searches and seizures of probationers and parolees; to amend § 20‑7‑8305, Code of Laws of South Carolina, 1976, relating to the Board of Juvenile Parole, so as to provide that before a juvenile may be conditionally released, the juvenile must agree to be subject to search or seizure with or without a search warrant and with or without cause; to amend § 20‑7‑8320, relating to conditional release, so as to provide that the juvenile must be subject to search or seizure with or without a search warrant and with or without cause; to amend § 24‑19‑110, relating to the procedure for conditional release of youthful offenders, so as to provide that before a youthful offender may be conditionally released, the youthful offender must agree to be subject to search or seizure with or without a search warrant and with or without cause; to amend § 24‑13‑710, relating to the guidelines, eligibility criteria, and implementation of a supervised furlough program, so as to provide that before an inmate may be released on supervised furlough, the inmate must agree to be subject to search or seizure with or without a search warrant and with or without cause; to amend § 24‑13‑720, relating to inmates who may be placed within certain programs, so as to provide that before an inmate may be released on supervised furlough, the inmate must agree to be subject to search or seizure with or without a search warrant and with or without cause; to amend § 24‑13‑1330, relating to a court inmate's agreement to terms and conditions, so as to provide that before an inmate may be released on parole, the inmate must agree to be subject to search or seizure with or without a search warrant and with or without cause; to amend § 24‑21‑410, relating to the court being authorized to suspend imposition of sentence for probation after conviction, so as to provide that before a defendant may be placed on probation, the defendant must agree to be subject to search or seizure with or without a search warrant based on reasonable suspicions; to amend § 24‑21‑430, relating to the conditions of probation, so as to provide that the conditions imposed must include the requirement that the probationer must permit search or seizure with or without a search warrant based on reasonable suspicions; to amend § 24‑21‑560, relating to community supervision programs, so as to provide that the conditions of participation must include the requirement that the offender must permit search or seizure with or without a search warrant based on reasonable suspicions; to amend § 24‑21‑640, relating to the circumstances warranting parole, so as to provide that before an inmate may be released on parole, the inmate must agree to search and seizure with or without a search warrant and with or without cause; and to amend § 24‑21‑645, relating to the order authorizing parole, so as to provide that the conditions of parole must include the requirement that the parolee must permit search or seizure with or without a search warrant and with or without cause. Referred to the Committee on Judiciary.

Sex Offenders. S. 33 Senator Ford: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 24‑21‑435 so as to provide that certain sex offenders who are serving a probationary sentence must be placed under global positioning system satellite surveillance continuously for the duration of their probationary sentences by the Department of Probation, Parole and Pardon Services. Referred to the Committee on Judiciary.

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Constitutional

Adjutant General. S. 160 (Companion/Similar S. 129, S. 158, S. 161, S. 163, S. 164, S. 165, H. 3145) Senator Campsen: A joint resolution proposing an amendment to Section 7, Article VI of the Constitution of South Carolina, 1895, relating to the constitutional officers of this state, so as to delete the Adjutant General from the list of state officers which the Constitution requires to be elected and provide that the Adjutant General must be appointed by the Governor upon the advice and consent of the Senate for a term coterminous with the Governor upon the expiration of the term of the Adjutant General serving in office on the date of the ratification of this provision. Referred to the Committee on Judiciary.

Ad Valorem Taxation. H. 3155 Rep. Chalk: A joint resolution proposing an amendment to Section 1, Article X of the Constitution of South Carolina, 1895, relating to classifications of property for purposes of ad valorem taxation, so as to add a classification, with an assessment of two percent of its fair market value, for a large undeveloped tract of land that does not qualify for classification as agricultural use property. Referred to Committee on Ways and Means.

Amendment Ratification. S. 144 Senator Campsen: A bill to ratify an amendment to Section 33, Article III of the Constitution of South Carolina, 1895, relating to the provision providing that no unmarried woman under the age of fourteen years old may legally consent to sexual intercourse, so as to delete that provision. Referred to the Committee on Judiciary.

Bail. S. 5 Senator McConnell: A joint resolution proposing an amendment to Section 15, Article I of the Constitution of South Carolina, 1895, relating to the right of bail, so as to authorize the denial of bail to a person who is released on bail pending trial and whose bail is revoked or forfeited for violating a condition of release. Referred to the Committee on Judiciary.

Commissioner of Agriculture. S. 165 (Companion/Similar S. 129, S. 158, S. 160, S. 161, S. 163, S. 164, H. 3145)Senator Campsen: A joint resolution proposing an Amendment to Section 7, Article VI of the Constitution of South Carolina, 1895, relating to the constitutional officers of this state, so as to delete the Commissioner of Agriculture from the list of state officers which the Constitution requires to be elected and provide that the Commissioner of Agriculture must be appointed by the Governor upon the advice and consent of the Senate for a term coterminous with the Governor upon the expiration of the term of the Commissioner of Agriculture serving in office on the date of the ratification of this provision. Referred to the Committee on Judiciary.

Comptroller General. S. 161 (Companion/Similar S. 129, S. 158, S. 160, S. 163, S. 164, S. 165, H. 3145) Senator Campsen: A joint resolution proposing an amendment to Section 7, Article VI of the Constitution of South Carolina, 1895, relating to the constitutional officers of this state, so as to delete the Comptroller General from the list of state officers which the Constitution requires to be elected and provide that the Comptroller General must be appointed by the Governor upon the advice and consent of the Senate for a term coterminous with the Governor upon the expiration of the term of the Comptroller General serving in office on the date of the ratification of this provision. Referred to the Committee on Judiciary.

Comptroller General. S. 163 (Companion/Similar S. 129, S. 158, S. 160, S. 161, S. 164, S. 165, H. 3145) Senator Campsen: A joint resolution proposing an amendment to Section 7, Article VI of the Constitution of South Carolina, 1895, relating to the constitutional officers of this state, so as to delete the Comptroller General from the list of state officers which the Constitution requires to be elected and provide that the Comptroller General must be appointed by the Governor upon the advice and consent of the Senate for a term coterminous with the Governor upon the expiration of the term of the Comptroller General serving in office on the date of the ratification of this provision. Referred to the Committee on Judiciary.

Constitutional Amendment. H. 3016 Rep. Toole: A joint resolution proposing an amendment to Article III of the Constitution of South Carolina, 1895, relating to the Legislative Department, by adding Section 15b so as to provide that a bill or joint resolution of the General Assembly imposing or increasing a fee may not become law unless it receives the approval of three-fifths of the membership elected to the House of Representatives and three-fifths of the membership elected to the Senate. Referred to Committee on Judiciary.

Constitutional Amendment. H. 3017 Rep. Toole: A joint resolution proposing an amendment to Article III of the Constitution of South Carolina, 1895, relating to the Legislative Department, by adding Section 15a so as to provide that a bill or joint resolution of the General Assembly imposing or increasing a tax, the revenue of which is credited to the General Fund of the state, may not become law unless it receives the approval of two-thirds of the membership of the House of Representatives and two-thirds of the membership of the Senate. Referred to Committee on Judiciary.

Constitutional Amendment. S. 80 Senator Ford: A joint resolution proposing an amendment to the Constitution of South Carolina, 1895, by adding Section 16 to Article XVII so as to establish a specified procedure for the enactment or repeal of laws and constitutional amendments by initiative petition and referendum and to provide exceptions. Referred to the Committee on Judiciary.

Constitutional Officers. S. 129 (Companion/Similar S. 158, S. 160, S. 161, S. 163, S. 164, S. 165, H. 3145) Senator Sheheen: A joint resolution proposing an amendment to Section 7, Article VI, Constitution of South Carolina, 1895, relating to the constitutional officers of this state, so as to delete the Adjutant General, Commissioner of Agriculture, and Superintendent of Education from the list of state officers which the constitution requires to be elected and provide that upon the expiration of the terms of these officers serving in office on the date of the ratification of this provision, they must be appointed by the governor, upon the advice and consent of the Senate, to serve at his pleasure and to be removable by him for any reason; proposing an amendment to Section 4, Article XIII, relating to the Adjutant General and his staff officers, so as to update references to his title and military rank, and to provide that upon the expiration of the term of the Adjutant General serving in office on the date of the ratification of this provision, he must be appointed by the Governor in the manner required by Section 7, Article VI; proposing an amendment by adding Section 7A to Article VI, relating to state officers, so as to abolish the office of Secretary of State, and provide for its functions and duties to be devolved upon the Attorney General in the manner the General Assembly shall provide by law; and proposing an amendment to Section 1, Article XI, relating to the state Board of Education, so as to abolish the Board effective upon the state Superintendent of Education being appointed by the Governor. Referred to the Committee on Judiciary.

General Assembly. H. 3129 Rep. J. E. Smith: A joint resolution proposing an amendment to Section 9, Article III of the Constitution of South Carolina, 1895, relating to sessions of the General Assembly, so as to provide for annual sessions of the General Assembly commencing on the second Tuesday in February rather than the second Tuesday in January of each year. Referred to Committee on Judiciary.

Governor. S. 224 Senator Knotts: A joint resolution proposing an amendment to Article IV of the Constitution of South Carolina, 1895, relating to the Executive Department, by adding Section 1A so as to provide that while the governor is physically absent from the state, all of the powers, duties, and responsibilities of the Governor under the Constitution and the laws of this state are devolved upon the Lieutenant Governor for the duration of the time the Governor is physically absent from the state. Referred to the Committee on Judiciary.

Governor and Lt. Governor. S. 203 (Companion/Similar S. 162) Senators Peeler and Cleary: A joint resolution proposing an amendment to Section 8, Article IV of the Constitution of South Carolina, 1895, relating to the election, qualifications, and term of the lieutenant governor, so as to provide for the joint election of governor and lieutenant governor. Referred to the Committee on Judiciary.

Governor Appointments. H. 3145 (Companion/Similar S. 129, S. 158, S. 160, S. 161, S. 163, S. 164, S. 165) Rep. Gunn: A joint resolution proposing an amendment to Section 7, Article VI, Constitution of South Carolina, 1895, relating to the constitutional officers of this state, so as to delete the Adjutant General, Commissioner of Agriculture, Comptroller General, Secretary of State, and Superintendent of Education from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the terms of these officers serving in office on the date of the ratification of this provision, they must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason; proposing an amendment to Section 4, Article XIII, relating to the Adjutant General and his staff officers, so as to update references to his title and military rank, and to provide that upon the expiration of the term of the Adjutant General serving in office on the date of the ratification of this provision, he must be appointed by the Governor in the manner required by Section 7, Article VI. Referred to Committee on Judiciary.

Judicial Candidates. H. 3196 Rep. A. D. Young: A bill to amend § 2‑19‑80, Code of Laws of South Carolina, 1976, relating to the process of determining judicial candidates by the Judicial Merit Selection Commission, so as to remove the limitation that the Commission may nominate only three candidates, and to require that the Commission instead release a list of the names of all candidates the commission finds qualified for office. Referred to Committee on Judiciary.

Lieutenant Governor. S. 162 (Companion/Similar S. 203) Senator Campsen: A joint resolution proposing an amendment to Section 8, Article IV, relating to the election, qualifications and term of the Lieutenant Governor, so as to provide for the joint election of the Governor and Lieutenant Governor. Referred to the Committee on Judiciary.

Local and Special Laws. S. 65 (Companion/Similar S. 78) Senator Ford: A joint resolution proposing an amendment to Section 34, Article III of the Constitution of South Carolina, 1895, relating to the prohibition against the General Assembly from enacting local or special laws, so as to authorize the operation or possession of any type of coin-operated amusement or gaming machine or device in a county upon the enactment of an ordinance authorizing such operation or possession, upon the favorable vote of a majority of the members of the county's legislative delegation, or by a petition signed by five percent of the county's registered electors subject to a favorable referendum. Referred to the Committee on Judiciary.

Local or Special Laws. S. 78 (Companion/Similar S. 65) Senator Ford: A joint resolution proposing an amendment to Section 34, Article III of the Constitution of South Carolina, 1895, relating to the prohibition of the General Assembly enacting local or special laws, so as to allow a county by ordinance, by a vote of a majority of a county's legislative delegation or a petition signed by five percent of a county's registered electors, subject to a favorable referendum, to authorize the operation or possession of any type of coin-operated amusement or gaming machine or device in that county. Referred to the Committee on Judiciary.

Public Schools. H. 3112 Reps. McLeod, Agnew, Gambrell, Pinson, Spires, Toole, Bowers, Funderburk, Harvin, Hodges, Howard and Sellers: A joint resolution proposing an amendment to Section 3, Article XI of the Constitution of South Carolina, 1895, relating to free public schools, so as to require the General Assembly to provide for a high-quality education for all children of the state. Referred to Committee on Education and Public Works.

Public Schools. S. 99 Senator Matthews: A joint resolution proposing an amendment to Section 3, Article XI of the Constitution of South Carolina, 1895, relating to the system of free public schools, so as to provide that the General Assembly shall provide for the maintenance and support of a system of free public schools and shall establish, organize, and support public institutions of learning that will provide a high quality education, allowing each student to reach his highest potential. Referred to the Committee on Judiciary.

Secretary of State. S. 158 (Companion/Similar S. 129, S. 160, S. 161, S. 163, S. 164, S. 165, H. 3145) Senator Campsen: A joint resolution proposing an amendment to Section 7, Article VI of the Constitution of South Carolina, 1895, relating to the constitutional officers of this state, so as to delete the Secretary of State from the list of state officers which the Constitution requires to be elected and provide that the Secretary of State must be appointed by the Governor upon the advice and consent of the Senate for a term coterminous with the Governor upon the expiration of the term of the Secretary of State serving in office on the date of the ratification of this provision. Referred to the Committee on Judiciary.

Special Purpose Districts. H. 3006 Rep. Harrison: A joint resolution proposing an amendment to Article VIII of the Constitution of South Carolina, 1895, by adding Section 19 so as to authorize the General Assembly, by special or local law, to abolish a special or public service district and transfer its assets and liabilities to an assuming service provider. Referred to Committee on Judiciary.

Sine Die Adjournment. S. 209 Senators Jackson and Ryberg: A joint resolution proposing an amendment to Section 9, Article III, of the Constitution of South Carolina, 1895, relating to the annual sessions of the General Assembly, so as to require each annual session of the General Assembly to adjourn sine die no later than March thirty-first of the year in which it convenes. Referred to the Committee on Judiciary.

State Appropriations. S. 1 (Companion/Similar H. 3037) Senators McConnell, Peeler and Leatherman: A joint resolution proposing an amendment to Section 7, Article X of the Constitution of South Carolina, 1895, relating to the requirement for the state and its political subdivisions to have budget processes designed to keep revenues and expenditures in balance, the limitation on state appropriations, and the limitations on state employees, so as to delete the existing state spending limitation and require the General Assembly to replace it by a law imposing an annual limit on the appropriation of state General Fund revenues by adjusting such revenues by a rolling ten-year average in annual changes in general fund revenues; to allow the creation of a Budget Stabilization Fund in the State Treasury to which must be credited all General Fund revenues in excess of the annual limit; and to provide by general law for the appropriations to which the limit applies, the method of and sources for calculating the limit; and to provide for the disbursements from the budget stabilization fund.  Referred to the Committee on Judiciary.

State Spending Limit. H. 3037  (Companion/Similar S. 1) Reps. G. R. Smith, Harrell, Harrison and J. E. Smith: A joint resolution proposing an amendment to Section 7, Article X of the Constitution of South Carolina, 1895, relating to the requirement for the state and its political subdivisions to have budget processes designed to keep revenues and expenditures in balance, the limit on state appropriations, and the limititations on state employees, so as to delete the existing state spending limitation and replace it by a law providing that state General Fund appropriations for a fiscal year may not exceed such appropriations for the prior year increased by the average annual growth rate in state General Fund revenues over the preceding ten years, to provide for calculation of the limit and circumstances when the limit may be adjusted, establishing the Budget Stabilization Fund (Fund) to which must be credited state General Fund revenues accruing in excess of the annual limit in general fund appropriations, providing that revenues in the fund must be used for budget stabilization and for declared emergencies, to allow balances in the fund in excess of fifteen percent of the prior year's actual General Fund collections to be expended for capital improvements, debt reductions, or tax rebates, or any combination of these, and allowing other uses for fund revenues, but only pursuant to the "special vote" currently in the constitution as an affirmative vote in each branch of the General Assembly by a two-thirds vote of the members present and voting but not less than three-fifths of the total membership of each branch. Referred to Committee on Ways and Means.

Supreme Court. S. 55 (Companion/Similar S. 63) Senator Ford: A joint resolution proposing an amendment to Section 2, Article V of the Constitution of South Carolina, 1895, relating to the composition of the Supreme Court, so as to increase from five to seven the number of justices comprising the Supreme Court on January 1, 2011. Referred to the Committee on Judiciary.

Supreme Court. S. 63 (Companion/Similar S. 55) Senator Ford: A joint resolution proposing an amendment to Section 2 of Article V of the Constitution of South Carolina, 1895, relating to the composition of the Supreme Court, so as to increase from five to seven the number of justices comprising the Supreme Court on January 1, 2013; to Section 3, Article V, relating to the election of members of the Supreme Court, so as to provide that associate justices of the Supreme Court shall be popularly elected from congressional districts by the qualified voters of each district beginning in 2012 and that the chief justice of the supreme court shall be elected from the state at-large; to Section 8, Article V, relating to election of members of the court of appeals, so as to provide that judges of the court of appeals beginning in 2012 shall be popularly elected from congressional districts by the qualified voters of each district; and to Section 13, Article V, relating to judicial circuit judges, so as to provide that beginning in 2012 circuit court judges shall be popularly elected from state senatorial districts by the qualified voters of each district and that the chief justice shall assign circuit judges to the judicial circuits with reasonable efforts made to account for geographical location. Referred to the Committee on Judiciary.

Superintendent of Education. S. 164 (Companion/Similar S. 129, S. 158, S. 160, S. 161, S. 163, S. 165, H. 3145) Senator Campsen: A joint resolution proposing an amendment to Section 7, Article VI of the Constitution of South Carolina, 1895, relating to the constitutional officers of this state, so as to delete the Superintendent of Education from the list of state officers which the Constitution requires to be elected and provide that the Superintendent of Education must be appointed by the Governor upon the advice and consent of the Senate for a term coterminous with the Governor upon the expiration of the term of the Superintendent of Education serving in office on the date of the ratification of this provision; and proposing an amendment to Section 1, Article XI, relating to the State Board of Education, so as to abolish the Board effective upon the State Superintendent of Education being appointed by the Governor. Referred to the Committee on Judiciary.

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Counties

Animal Control Officer. H. 3137 Rep. Harrison: A bill to amend § 4‑9‑145, as amended, Code of Laws of South Carolina, 1976, relating to litter control officers, so as to provide that an animal control officer has the same powers and duties as a litter control officer. Referred to Committee on Judiciary.

Ballot Initiative. S. 81 Senator Ford: A bill to amend §§ 4‑9‑1210 and 5‑17‑10, Code of Laws of South Carolina, 1976, relating to county and municipal ballot initiatives, so as to require that a ballot initiative must be requested by at least five instead of fifteen percent of the qualified electors of a county and at least ten instead of fifteen percent of the registered voters of a municipality. Referred to the Committee on Judiciary.

Business License Tax. H. 3053 Rep. Merrill: A bill to amend § 4‑9‑30, as amended, Code of Laws of South Carolina, 1976, relating to designations of powers to county governments, and § 5‑7‑30, as amended, relating to designations of powers to municipal governments, both so as to require that the imposition of a business license tax on a business must be based on the size of the business and not on its gross income. Referred to Committee on Labor, Commerce and Industry.

County Officials. H. 3071 Rep. G. M. Smith: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 4‑11‑25 so as to provide qualifications for a county clerk of court, auditor, and treasurer. Referred to Committee on Judiciary.

Drycleaning Facility Restoration Trust Fund. H. 3203 Reps. Brady, Harrison, J. E. Smith, Battle and Simrill: A bill to amend Article 4, Chapter 56, Title 44 of the Code of Laws of South Carolina, 1976, relating to the Drycleaning Facility Restoration Trust Fund, so as, among other things, to further specify that wholesale drycleaning facilities are subject to the provisions of this Article and are eligible to seek restoration assistance under this Article; to authorize the Department of Health and Environmental Control to use funds, other than funds from the Drycleaning Facility Restoration Trust Fund, if an emergency exists and funds are not available from the Trust Fund and to further provide that these funds must be repaid from the Trust Fund; to provide exemptions from the environmental surcharge imposed on the gross proceeds of sales of retail drycleaning facilities, including an exemption for wholesale sales of drycleaning services; to further provide for eligibility requirements and determinations and procedures for requesting and issuing restoration assistance, including obtaining secondary assessments and the amount of deductibles; to provide initial and annual registration fees for drycleaning facilities established after October 1, 1995 and to authorize the property owner to register a facility if the owner or operator of the facility does not; to provide for the issuance of certificates of registration, to require presentation of such certificates in order to purchase drycleaning solvents, to prohibit a supply facility, or other drycleaning facility, from selling drycleaning solvent to a drycleaning facility if the facility does not possess a certificate, and to provide civil penalties; to specify requirements for a drycleaning facility exemption certificate; and to revise the membership of the Drycleaning Advisory Council. Referred to Committee on Ways and Means.

Eminent Domain. S. 91 Senator Ford: A bill to amend § 4‑9‑30, as amended, Code of Laws of South Carolina, 1976, relating to a county's power of eminent domain, so as to delete a provision authorizing counties to exercise the power of eminent domain for slum clearance and redevelopment; to amend § 5‑7‑50, relating to a municipality's power of eminent domain, so as to delete a provision authorizing municipalities to exercise the power of eminent domain for slum clearance and redevelopment; to amend § 28‑2‑60, relating to the application of the Eminent Domain Procedure Act, so as to specify circumstances that are not public use and do not justify condemnation of property; and to amend § 28‑2‑210, relating to actions in condemnation, so as to reference the circumstances that are not public use and do not justify condemnation of property. Referred to the Committee on Judiciary.

Food Sales Tax. H. 3011 Rep. Kirsh: A bill to amend §§ 4‑10‑20, as amended, 4‑10‑350, as amended, 4‑10‑580, and 4‑37‑30, as amended, all of the Code of Laws of South Carolina, 1976, relating to the local option sales tax, the capital project sales tax, the personal property tax exemption sales tax, and the transportation infrastructure sales tax, so as to exempt from these taxes food items eligible for purchase with United States Department of Agriculture food coupons and to make this exemption apply prospectively. Referred to Committee on Ways and Means.

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Courts

County Officials. S. 127 Senator Sheheen: A bill to amend §§ 14‑17‑10 and 14‑23‑1020, Code of Laws of South Carolina, 1976, relating to the election of clerks of court and probate judges, respectively, so as to require the elections of these two county offices to be nonpartisan, to provide for nonpartisan special elections when a vacancy occurs, and to provide procedures for the nomination of candidates and the conduct of the nonpartisan elections. Referred to the Committee on Judiciary.

Judges. H. 3162 (Companion/Similar S. 197) Reps. Delleney, Clemmons and Mack: A concurrent resolution to fix noon on Wednesday, February 11, 2009, as the time to elect a successor to a certain chief judge of the Court of Appeals, Seat 5, whose term expires June 30, 2009; to elect a successor to a certain judge of the Circuit Court for the First Judicial Circuit, Seat 1, to fill the unexpired term that expires June 30, 2010, and the subsequent full term that expires June 30, 2016; to elect a successor to a certain judge of the Circuit Court for the Fifth Judicial Circuit, Seat 3, whose term expires June 30, 2009; to elect a successor to a certain judge of the Circuit Court for the Eighth Judicial Circuit, Seat 2, to fill the unexpired term that expires June 30, 2012; to elect a successor to a certain judge of the Circuit Court for the Ninth Judicial Circuit, Seat 3, whose term expires June 30, 2009; to elect a successor to a certain judge of the Circuit Court for the Fourteenth Judicial Circuit, Seat 2, whose term expires June 30, 2009; to elect a successor to a certain judge of the Circuit Court for the Fifteenth Judicial Circuit, Seat 2, whose term expires June 30, 2009; to elect a successor to a certain judge of the Circuit Court, at-large, Seat 1, to fill the unexpired term that expires June 30, 2009, and the subsequent full term that expires June 30, 2015; to elect a successor to a certain judge of the Circuit Court, at-large, Seat 2, whose term expires June 30, 2009; to elect a successor to a certain judge of the Circuit Court, at-large, Seat 3, whose term expires June 30, 2009; to elect a successor to a certain judge of the Circuit Court, at-large, Seat 4, whose term expires June 30, 2009; to elect a successor to a certain judge of the Circuit Court, at-large, Seat 5, whose term expires June 30, 2009; to elect a successor to a certain judge of the Circuit Court, at-large, Seat 6, to fill the unexpired term that expires June 30, 2009, and the subsequent full term that expires June 30, 2015; to elect a successor to a certain judge of the Circuit Court, at-large, Seat 7, whose term expires June 30, 2009; to elect a successor to a certain judge of the Circuit Court, at-large, Seat 8, whose term expires June 30, 2009; to elect a successor to a certain judge of the Circuit Court, at-large, Seat 9, whose term expires June 30, 2009; to elect a successor to a certain judge of the Circuit Court, at-large, Seat 10, whose term expires June 30, 2009; to elect a successor to a certain judge of the Family Court for the Tenth Judicial Circuit, Seat 1, to fill the unexpired term that expires June 30, 2013; to elect a successor to a certain judge of the Family Court for the Thirteenth Judicial Circuit, Seat 6, to fill the unexpired term that expires June 30, 2010, and the subsequent full term that expires June 30, 2016; to elect a successor to a certain chief judge of the Administrative Law Court, Seat 1, whose term expires June 30, 2009; to elect a successor to a certain judge of the Administrative Law Court, Seat 4, to fill the unexpired term that expires June 30, 2010, and the subsequent full term that expires June 30, 2015. Referred to Committee on Invitations and Memorial Resolutions.

Judges. S. 197 (Companion/Similar H. 3162) Senators McConnell, Ford and Knotts: A concurrent resolution to fix noon on Wednesday, February 11, 2009, as the time to elect a successor to a certain chief judge of the Court of Appeals, Seat 5, whose term expires June 30, 2009; to elect a successor to a certain judge of the Circuit Court for the First Judicial Circuit, Seat 1, to fill the unexpired term that expires June 30, 2010, and the subsequent full term that expires June 30, 2016; to elect a successor to a certain judge of the Circuit Court for the Fifth Judicial Circuit, Seat 3, whose term expires June 30, 2009; to elect a successor to a certain judge of the Circuit Court for the Eighth Judicial Circuit, Seat 2, to fill the unexpired term that expires June 30, 2012; to elect a successor to a certain judge of the Circuit Court for the Ninth Judicial Circuit, Seat 3, whose term expires June 30, 2009; to elect a successor to a certain judge of the Circuit Court for the Fourteenth Judicial Circuit, Seat 2, whose term expires June 30, 2009; to elect a successor to a certain judge of the Circuit Court for the Fifteenth Judicial Circuit, Seat 2, whose term expires June 30, 2009; to elect a successor to a certain judge of the Circuit Court, at-large, Seat 1, to fill the unexpired term that expires June 30, 2009, and the subsequent full term that expires June 30, 2015; to elect a successor to a certain judge of the Circuit Court, at-large, Seat 2, whose term expires June 30, 2009; to elect a successor to a certain judge of the Circuit Court, at-large, Seat 3, whose term expires June 30, 2009; to elect a successor to a certain judge of the Circuit Court, at-large, Seat 4, whose term expires June 30, 2009; to elect a successor to a certain judge of the Circuit Court, at-large, Seat 5, whose term expires June 30, 2009; to elect a successor to a certain judge of the Circuit Court, at-large, Seat 6, to fill the unexpired term that expires June 30, 2009, and the subsequent full term that expires June 30, 2015; to elect a successor to a certain judge of the Circuit Court, at-large, Seat 7, whose term expires June 30, 2009; to elect a successor to a certain judge of the Circuit Court, at-large, Seat 8, whose term expires June 30, 2009; to elect a successor to a certain judge of the Circuit Court, at-large, Seat 9, whose term expires June 30, 2009; to elect a successor to a certain judge of the Circuit Court, at-large, Seat 10, whose term expires June 30, 2009; to elect a successor to a certain judge of the Family Court for the Tenth Judicial Circuit, Seat 1, to fill the unexpired term that expires June 30, 2013; to elect a successor to a certain judge of the Family Court for the Thirteenth Judicial Circuit, Seat 6, to fill the unexpired term that expires June 30, 2010, and the subsequent full term that expires June 30, 2016; to elect a successor to a certain chief judge of the Administrative Law Court, Seat 1, whose term expires June 30, 2009; to elect a successor to a certain judge of the Administrative Law Court, Seat 4, to fill the unexpired term that expires June 30, 2010, and the subsequent full term that expires June 30, 2015. Referred to the Committee on Judiciary.

Juries. H. 3020 Rep. Gullick: A bill to amend § 14‑7‑1110, as amended, and § 14‑7‑1120, Code of Laws of South Carolina, 1976, both relating to peremptory challenges, so as to allow the prosecution the same number of peremptory challenges as the defense in criminal cases; and to amend § 14‑7‑130, as amended, relating to the preparation of jury lists from the tape of persons holding valid driver's licenses or identification cards, so as to provide that jury lists will be prepared solely from the list of registered voters. Referred to Committee on Judiciary.

Municipal Court Established. H. 3163 Rep. King: A bill to amend § 14‑25‑5, Code of Laws of South Carolina, 1976, relating to the establishment of municipal courts by ordinance, so as to require the council of each municipality to establish a municipal court, employ one or more full-time municipal judges, and maintain normal business hours; and to amend § 14‑25‑25, relating to the eligibility requirements of municipal judges and the procedure for filling vacancies, so as to require a municipal judge to be a resident of the county in which the municipality is located. Referred to Committee on Judiciary.

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Crimes & Offenses

Animal Enclosures. H. 3013 Rep. Limehouse: A bill to amend § 16‑11‑650, Code of Laws of South Carolina, 1976, relating to the offense of removing or destroying fences, gates, or other barriers enclosing animals, crops, or uncultivated lands, so as to revise the elements of the offense and increase penalties for violations and to vest jurisdiction to hear and dispose of this offense in magistrates court. Referred to Committee on Judiciary.

Armed Robbery. H. 3021 (Companion/Similar H. 3030) Rep. Rutherford: A bill to amend § 16‑11‑330, Code of Laws of South Carolina, 1976, relating to armed robbery, so as to allow a person under the age of twenty-one who commits armed robbery to receive a youthful offender sentence not below a minimum of three years; and to amend § 24‑19‑10, relating to definitions for purposes of the Youthful Offender Act, so as to revise the definition of youthful offender to include persons who commit a broader range of criminal offenses. Referred to Committee on Judiciary.

Armed Robbery. H. 3030 (Companion/Similar H. 3021) Rep. G. M. Smith: A bill to amend § 16‑11‑330, Code of Laws of South Carolina, 1976, relating to armed robbery, so as to allow a person under the age of twenty-one who commits armed robbery to receive a youthful offender sentence not below a minimum of three years; and to amend § 24‑19‑10, relating to definitions for purposes of the Youthful Offender Act, so as to revise the definition of youthful offender to include persons who commit a broader range of criminal offenses. Referred to Committee on Judiciary.

Assault and Battery with a Taser. S. 172 Senator Cleary: A bill to amend Chapter 3, Title 16 of the 1976 Code, relating to offenses against the person, by adding § 16‑3‑637, to create the offense of assault with a taser and assault and battery with a taser. Referred to the Committee on Judiciary.

Cigarettes. H. 3195 Rep. R. L. Brown: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 16‑17‑506 so as to provide it is illegal for a person engaged in the business of selling tobacco products to ship or transport a cigarette to a person in this state who is not a lawful recipient, to define a lawful recipient, to require proof of age by a lawful recipient, and to impose civil penalties for violations. Referred to Committee on Judiciary.

Civil No-Contact Orders. H. 3031 Rep. G. M. Smith: A bill to amend the Code of Laws of South Carolina, 1976, by adding Article 19 to Chapter 3, Title 16 so as to establish a procedure for the issuance of temporary and permanent civil no-contact orders under certain circumstances, to provide for the duration of civil no-contact orders, to provide necessary definitions, and to provide a penalty for the violation of civil no-contact orders. Referred to Committee on Judiciary.

Criminal Sexual Conduct. H. 3025 Rep. Limehouse: A bill to amend § 16‑11‑420, Code of Laws of South Carolina, 1976, relating to the intent and findings of the General Assembly regarding the Protection of Persons and Property Act, so as to include in the purview of the article that persons have a right to protect themselves, their families, and others from the commission of a criminal sexual conduct offense; to amend § 16‑11‑430, relating to definitions for purposes of the article, so as to define the term "criminal sexual conduct offense" for purposes of the article; and to amend § 16‑11‑440, relating to the presumption of reasonable fear of imminent peril of death or great bodily injury when the use of deadly force is justified, so as to specifically include the reasonable fear of the commission of a criminal sexual conduct offense. Referred to Committee on Judiciary.

Criminal Sexual Conduct. H. 3026 Rep. Kirsh: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 16‑3‑750 so as to provide that a person convicted of a criminal sexual conduct offense does not have custody rights of or rights of inheritance from a child born as result of the offense; and to amend § 16‑9‑340, relating to intimidation of court officials, jurors, or witnesses, so as to add that it is unlawful for a defendant in a criminal proceeding to threaten a witness with the assertion or denial of parental rights. Referred to Committee on Judiciary.

Criminal Sexual Conduct. S. 107 Senators Ryberg and Bryant: A bill to amend § 16‑3‑654 of the 1976 Code, relating to criminal sexual conduct in the third degree, to include sexual battery when the victim is a student sixteen years of age or older and the actor is a person employed at a public or private secondary school, under certain circumstances. Referred to the Committee on Judiciary.

Deferred Presentment Services Act. H. 3035 (Companion/Similar S. 112, H. 3050) Rep. Hosey: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 16‑13‑480 so as to create the crime of engaging in the business of deferred presentment services in this state and to provide a penalty; and to repeal Chapter 39 of Title 34 relating to the South Carolina Deferred Presentment Services Act. Referred to Committee on Labor, Commerce and Industry.

Deferred Presentment Services. H. 3050 (Companion/Similar S. 112, H. 3035) Rep. King: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 16‑13‑480 so as to create the crime of engaging in the business of deferred presentment in this state, to provide that a violation is a felony, and to provide for a mandatory minimum penalty; and to repeal Chapter 39 of Title 34 relating to the South Carolina Deferred Presentment Services Act. Referred to Committee on Labor, Commerce and Industry.

Discharging Firearms. H. 3024 Rep. Kirsh: A bill to amend § 16‑23‑440, Code of Laws of South Carolina, 1976, relating to discharging a firearm at or into a dwelling, a structure, an enclosure, and a vehicle or equipment, so as to increase the maximum penalty from ten to fifteen years and add that it is unlawful for a person to discharge a firearm at or into the premises or property owned by a private or public school and to provide a penalty. Referred to Committee on Judiciary.

False Representation. H. 3055 Rep. Cobb-Hunter: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 16‑17‑325 so as to prohibit a person from knowingly and intentionally representing himself or an entity from being knowingly and intentionally represented as belonging to or being a state recognized tribe, group, or special interest organization if the person was not a member of a state recognized tribe, group, or special organization or the entity had not received state recognition by the State Commission for Minority Affairs pursuant to its authority in section 1‑31‑40. Referred to Committee on Judiciary.

Firearms. S. 190 Senator McConnell: A bill to amend Article 5, Chapter 23, Title 16, Code of Laws of South Carolina, 1976, relating to offenses involving weapons, by adding § 16‑23‑425 so as to create the crime of possession of firearms or ammunition by a person who has been convicted of a crime punishable by imprisonment for a term exceeding one year, to provide that a violation is a felony, to provide for a penalty of not more than two thousand dollars or imprisonment of not more than five years, or both, and to provide for the disposition of the firearms or ammunition. Referred to the Committee on Judiciary.

Hate Crimes. H. 3169 (Companion/Similar S. 41) Rep. Whipper: A bill to amend the Code of Laws of South Carolina, 1976, by adding Article 18 to Chapter 3, Title 16 so as to provide penalties for a person convicted of a crime contained in this Chapter with the intent to assault, intimidate, or threaten a person because of his race, religion, color, sex, age, national origin, or sexual orientation; and to amend §§ 16‑11‑510 and 16‑11‑520, relating to malicious injury to personal and real property, so as to revise the penalties for malicious injury to real property offenses and to provide additional penalties for persons who maliciously injure personal or real property of another person with the intent to assault, intimidate, or threaten that person. Referred to Committee on Judiciary.

Hate Crimes. S. 41  (Companion/Similar H. 3169) Senator Ford: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 16‑3‑1900 so as to establish penalties for noncapital criminal offenses against a person that were motivated by hate, which pertains to such crimes being committed with the intent to commit the crime because of the actual or perceived race, religion, color, national origin, ancestry, age, disability, gender, sexual orientation or gender identity of a victim, and to define "age", "base offense", "gender identity", "disability", "motivated by hate", and "sexual orientation". Referred to the Committee on Judiciary.

Homeland Invasion Protection Act. S. 153 Senator Campsen: A bill to amend the 1976 Code to enact the "Home Invasion Protection Act", by adding § 16‑11‑395 to establish the offenses of home invasion in the first, second, and third degrees, and to provide graduated penalties; to amend § 16‑1‑60, relating to violent offenses, to include home invasion, first and second degree; and to amend § 16‑3‑20, relating to the punishment for murder, to include as a separate statutory aggravating circumstance which may be considered in the determination of whether the death penalty should be imposed, a murder committed while in the commission of the offense of home invasion in the first degree. Referred to the Committee on Judiciary.

Loans. S. 93 Senator Ford: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 16‑13‑490 so as to create the crime of engaging in the business of short-term vehicle secured loans in this state, to provide that a violation is a felony, and to provide for a mandatory minimum penalty; and to repeal § 37‑3‑413 relating to short-term vehicle secured loans. Referred to the Committee on Judiciary.

Nonferrous Materials. H. 3160 Rep. Harrison: A bill to amend § 16‑17‑680, as amended, Code of Laws of South Carolina, 1976, relating to the unlawful purchase of nonferrous metals, so as to provide that it is unlawful for a person to transport nonferrous metals under certain circumstances unless the person possesses a bill of sale signed by certain designated retail, wholesale, or dealers of certain metals. Referred to Committee on Judiciary.

Profanity. S. 56 Senator Ford: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 16‑15‑370 so as to make it unlawful to communicate profanity in a public forum or place of public accommodation; by adding § 16‑15‑430 so as to create the offense of disseminating profanity to a minor and provide a penalty for the offense; to amend § 16‑15‑305, relating to disseminating obscenity, so as to specify both oral and written publications; and to amend § 16‑15‑375, relating to definitions for purposes of morality and decency offenses against minors, so as to include the offense of disseminating profanity to a minor. Referred to the Committee on Judiciary.

Sagging Pants. S. 48 Senator Ford: A bill to amend Chapter 17, Title 16 of the 1976 Code, relating to offenses against public policy, by adding § 16‑17‑750 to provide that it is unlawful for a person to wear pants sagging more than three inches below his hips; to provide for penalties for violations; to provide that a violation is not grounds for denying, suspending, or revoking the violator's participation in a state college or university financial assistance program; and to provide for jurisdiction to hear a violation is vested exclusively in the municipal court and the magistrates court. Referred to the Committee on Judiciary.

Statewide Curfew for Minors. S. 61 Senator Ford: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 16‑19‑492 so as to enact a statewide curfew for minors and to provide a civil penalty for a violation of the curfew; and to provide a procedure for municipalities and counties to "opt out" of the curfew. Referred to the Committee on Judiciary.

Violent Crimes. S. 7 Senator McConnell: A bill to amend Chapter 1, Title 16, Code of Laws of South Carolina, 1976, relating to felonies and misdemeanors, by adding § 16‑1‑60, so as to include manufacturing, distributing, or possession with the intent to distribute a controlled substance and manufacturing, distributing, or possession with the intent to distribute methamphetamine, cocaine base, and other controlled substances as violent crimes. Referred to the Committee on Judiciary.

Weapons. H. 3003 Reps. Cooper, Harrell, Cato, Loftis, Gambrell, Thompson, Huggins, Sandifer, Owens, Littlejohn, Stringer, G. M. Smith, Kelly, Hardwick, Willis, Duncan, Herbkersman, Haley, Bedingfield, Rice, Spires, White, J. R. Smith, Parker, G. R. Smith, Toole, D. C. Smith, Lowe and Umphlett: A bill to amend § 16‑23‑460, as amended, Code of Laws of South Carolina, 1976, relating to concealed weapons and the forfeiture of weapons when a violation occurs, so as to increase the fine for a violation; to amend § 16‑23‑50, as amended, relating to penalties for weapons violations and forfeiture of handguns, so as to delete obsolete references to § 16‑23‑20; to amend § 23‑31‑215, as amended, relating to the issuance of concealed weapon permits, so as to specifically enumerate those persons not required to obtain a concealed weapon permit; to amend § 23‑31‑220, relating to the right to allow concealed weapons upon certain premises, so as to specifically enumerate those persons that are exempted from the purview of the statute; to amend § 63‑19‑1210, relating to transfer of jurisdiction for certain juvenile offenses, so as to correct a reference; and to repeal § 16‑23‑20 relating to the unlawful carrying of a handgun and § 23‑31‑217 relating to the effect of § 16‑23‑20. Referred to Committee on Judiciary.

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Criminal Procedures

Bench Warrants. H. 3033 Rep. Hart: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 17‑15‑175 so as to provide that a judge may not issue a bench warrant for failure to appear unless the solicitor files an affidavit with the court to confirm that written notice of his intent to seek a bench warrant for failure to appear has been given to the defendant, his attorney, and the bond surety company and to require the court to hold a rule to show cause hearing before issuing the bench warrant. Referred to Committee on Judiciary.

Bond Forfeiture. H. 3032 Rep. Hart: A bill to amend § 17‑15‑170, Code of Laws of South Carolina, 1976, relating to forfeiture of bond and recognizance proceedings, so as to provide that the state is entitled to estreat the bond or recognizance one hundred eighty days after the person's failure to appear in court as required by law. Referred to Committee on Judiciary.

Conditions for Release. S. 6 Senator McConnell: A bill to amend § 17‑15‑30, Code of Laws of South Carolina, 1976, relating to matters to be considered in determining conditions of release, so as to provide that a person who is released on bail pending trial, and is subsequently charged with a violent offense, shall be denied bail when the prosecutor proves by a preponderance of the evidence that no condition or combination of conditions reasonably assures the safety of any other person or the safety of the community if the person is released; and to amend § 22‑5‑510, relating to bond hearings in magistrates courts, so as to require that pending charges against a person requesting bail shall be considered by the magistrate in determining if bail is granted or denied. Referred to the Committee on Judiciary.

Frivolous Charges. H. 3028 Rep. Kirsh: A bill to amend § 17‑1‑40, as amended, Code of Laws of South Carolina, 1976, relating to destruction of records when a person is charged with a criminal offense, but the charge is discharged, proceedings are dismissed, or the person is found not guilty, so as to allow a court to order certain legal costs to be paid by a person who brings frivolous charges against another person and to provide exceptions. Referred to Committee on Judiciary.

Innocence Inquiry Commission. S. 210 Senator Jackson: A bill to amend the Code of Laws of South Carolina, 1976, by adding Article 4 to Chapter 28, Title 17 so as to establish the "South Carolina Innocence Inquiry Commission" whose purpose it is to investigate and determine credible claims of factual innocence of a conviction that requires an individual to voluntarily waive certain rights and privileges. Referred to the Committee on Judiciary.

Records. H. 3022 Rep. Kirsh: A bill to amend § 17‑1‑40, as amended, Code of Laws of South Carolina, 1976, relating to the destruction of criminal records when a charge is dismissed or the person is found innocent of the charge, so as to specifically include that a circuit solicitor's office or clerk of court may not charge a fee for the destruction or expungement of records or for the application process regarding the destruction or expungement of records under certain circumstances. Referred to Committee on Judiciary.

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Domestic Relations

Child Support. H. 3012 Rep. Hosey: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 20‑7‑925 so as to provide that if a person is incarcerated for nonpayment of child support during the time the person is incarcerated and for three months after release, the person's obligation to pay child support is suspended, arrearages do not accrue, and existing arrearages are held in abeyance. Referred to Committee on Judiciary.

Civil Union Equality Act. S. 42 Senator Ford: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 20‑1‑18 so as to enact the "Civil Union Equality Act", to provide that two persons may form a civil union if they are of the same sex; to provide that all laws applicable to marriage apply to civil unions and that the same benefits, protections, rights, and responsibilities under the law granted to spouses in a marriage are also granted to those joined in a civil union; to direct the office of vital statistics to keep a record of all civil unions formed and the dissolution of such unions; to provide that the family court has jurisdiction over all proceedings relating to the dissolution of a civil union and the same rules and procedures that apply to the dissolution of a marriage apply to the dissolution of a civil union; and to provide that this Act must be construed liberally to secure to civil unions the attributes, effects, benefits, and protections equal to those afforded marriage. Referred to the Committee on Judiciary.

Common Law Marriage. H. 3167 Rep. Whipper: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 20‑1‑110 so as to provide that common law marriage in the state may not be recognized on and after January 1, 2010, and to provide an exception for a common law marriage existing as of December 31, 2009; and to repeal § 20‑1‑360 relating to the validity of a marriage contracted without the issuance of a license. Referred to Committee on Judiciary.

Family Court Financial Privacy Act. S. 146 Senator Campsen: A bill to amend the 1976 Code by adding § 20‑3‑240 to enact the "Family Court Financial Privacy Act" to provide that a financial declaration made a part of the record in a matter before the family court must be sealed, to provide access to a financial declaration upon request only by the parties, the court and personnel of the court, and the Child Support Enforcement Division of the Department of Social Services, and to prohibit other access except upon order of the court for good cause shown; and to amend section 30-4-40, relating to exemptions from the Freedom of Information Act, to exempt financial declarations in matters before the family court except on order of the court for good cause shown. Referred to the Committee on Judiciary.

Military Protection Equal Protection Act. S. 155 (Companion/Similar H. 3171) Senator Campsen: A bill to amend Chapter 7, Title 20 of the 1976 Code by adding Article 33 to enact the "Military Parent Equal Protection Act", to provide that a military parent's military service shall not be considered a change in circumstance for purposes of child custody and visitation, to provide that the custodial non-military parent must reasonably accommodate the military parent's leave schedule, to provide that the family court may hold an expedited temporary hearing to ensure that the military parent has access to a minor child, and to provide that any increase or decrease in earning capacity due to military service is not considered a permanent change; and to amend Chapter 1, Title 15, by adding § 15‑1‑340, to provide that a service member entitled to a stay pursuant to the service members civil relief act may seek relief and provide testimony by electronic means under certain conditions. Referred to the Committee on Judiciary.

Pets. H. 3117 Rep. Cobb-Hunter: A bill to amend § 20‑4‑60, as amended, Code of Laws of South Carolina, 1976, relating to an order for protection from domestic abuse, so as to provide that the court may prohibit harm or harassment to a pet animal owned, possessed, kept, or held by the petitioner and to provide that in ordering temporary possession of personal property, the court may order the temporary possession of pet animals. Referred to Committee on Judiciary.

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Education

Adult Education Programs. H. 3103 Rep. Toole: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 59‑43‑40 so as to provide that a student enrolled in a state sponsored adult education program in the school district in which he resides may take the general educational development exam free of charge upon meeting certain requirements, and to provide for the reimbursement of funds to the state. Referred to Committee on Education and Public Works.

Central Carolina Technical College Commission. S. 97 Senators Leventis, Land and Malloy: A bill to amend § 59‑53‑1410 of the 1976 Code, relating to the Central Carolina Technical College Commission, to provide an additional member from Clarendon County and an additional member from Kershaw County. Referred to the Committee on Education.

Charter School. H. 3175 A bill to amend § 59‑40‑50, as amended, Code of Laws of South Carolina, 1976, relating to admission to a charter school, so as to provide that enrollment priority may be given to a sibling of a pupil already enrolled in the charter school who has attended the school for one year or more. Referred to Committee on Education and Public Works.

Charter School. H. 3177 Rep. G. R. Smith: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 59‑40‑55 so as to provide that a local school district may not deny a charter school, charter school teacher, or charter school student anything that is otherwise available to a public school, public school teacher, or public school student; to provide that a local school district of a charter school may not charge rent to a charter school that was converted from an existing public school; to provide that a charter school may apply for grants on its own; to provide that a teacher in a charter school may be nominated and considered as a candidate for teacher of the year; and to provide that a student at a charter school may receive a Laura Brown Fund Grant. Referred to Committee on Education and Public Works.

Charter Schools. H. 3191 Rep. Harrison: A bill to amend § 59‑40‑70, as amended, Code of Laws of South Carolina, 1976, relating to the review of charter school applications, so as to provide that a local school board must publish notice of a public hearing for the approval of a proposed charter school to be held within thirty days of receipt of the application, and to provide that the charter school may be represented by counsel, may present evidence, and may cross examine witnesses at the hearing. Referred to Committee on Education and Public Works.

Dating Violence. H. 3202 Rep. Brady: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 59‑1‑490 so as to require the Department of Education to develop a model dating violence policy to assist school districts in developing such policies, to require the policy to be published in school districts and school handbooks, to require each district to provide dating violence training annually to administrators, teachers, nurses, guidance counselors, and social workers, and to require school districts to inform the parents of students of this policy; and by adding § 59‑32‑100 so as to require each school district annually to include dating violence education in its comprehensive health education curriculum, to provide that the Department shall review and approve grade level topics relating to dating violence and healthy relationships; and to require a school, upon request, to permit the parent or guardian of a student to examine the dating violence education program instruction materials. Referred to Committee on Education and Public Works.

Diplomas. S. 16 (Companion/Similar S. 140) Lourie: A bill to amend § 59‑39‑100 of the 1976 Code, relating to the issuance of uniform diplomas, to require the issuance of high school diplomas for qualifying veterans who served in the United States Armed Forces during a war period as defined by the United States Department of Veteran Affairs. Referred to the Committee on Education.

Diplomas. S. 140 (Companion/Similar S. 16) Senator Lourie: A bill to amend § 59‑39‑100 of the 1976 Code, relating to the issuance of uniform diplomas, to require the issuance of high school diplomas for qualifying veterans who served in the United States Armed Forces during a war period as defined by the United States Department of Veteran Affairs. Referred to the Committee on Education.

Education Finance Act. H. 3181 (Companion/Similar S. 175) Rep. Clemmons: A bill to amend Chapter 20, Title 59, Code of Laws of South Carolina, 1976, relating to the Education Finance Act of 1977, so as to revise the manner in which weightings used to provide for relative cost differences between students are determined, revise the manner in which school district funding under this Act is distributed, including eliminating the index of taxpaying ability, renaming "base student cost" as "weighted student cost", and modifying the formula for computing weighted student cost, and to require the General Assembly beginning with FY 2010-2011 to provide allocations to school districts based on the full amount of weighted student cost determined under this Chapter; to add Article 7 to Chapter 69, Title 59 so as to provide that allocations made to school districts under the Education Improvement Act must be disbursed directly to individual schools without regard to designated purpose in the same manner and formula as contained in the Education Finance Act, and to repeal §§ 4‑10‑810 and 59‑21‑1030 relating to the level of financial effort per pupil required of school districts. Referred to Committee on Ways and Means.

Education Lottery Act. S. 110 Senator Malloy: A bill to amend § 59‑150‑210, Code of Laws of South Carolina, 1976, relating to the Education Lottery Act, to permit the sale of lottery tickets on general or primary election days. Referred to the Committee on Education.

Equal Access to Interscholastic Activities Act. S. 151 Senators Campsen and Cleary: A bill to amend the 1976 Code to enact the "Equal Access to Interscholastic Activities Act" by adding § 59‑63‑100 to permit home school students to participate in interscholastic activities of the school district in which the student resides pursuant to certain conditions. Referred to the Committee on Education.

Farm to School Program Act. H. 3179 Rep. Cooper: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 59‑10‑400 so as to enact the "South Carolina Farm to School Program Act", to provide for the creation of the South Carolina Farm to School Program, to provide for the duties of its director, and to establish a website dedicated to program initiatives. Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

Greenville County School District. H. 3176 Rep. G. R. Smith: A bill to provide that the Greenville County School District may not deny a charter school, charter school teacher, or charter school student anything that is otherwise available to a public school, public school teacher, or public school student; to provide that the local school district of a charter school in Greenville County may not charge rent to a charter school that was converted from an existing public school; to provide that a charter school may apply for grants on its own; to provide that a teacher in a charter school in Greenville County may be nominated and considered as a candidate for teacher of the year; and to provide that a student at a charter school in Greenville County may receive a Laura Brown Fund Grant. Referred to Greenville Delegation.

Index of Taxpaying Ability. S. 181 Senator Setzler: A bill to amend § 59‑20‑20, Code of Laws of South Carolina, 1976, relating to the Index of Taxpaying Ability, to allow errors made in determining the index to be corrected in the period after February first until May first. Referred to the Committee on Finance.

Missing Person Reports. S. 174 Senators Cleary and Cromer: A bill to amend § 59‑53‑1410 of the 1976 Code, relating to the Central Carolina Technical College Commission, to provide an additional member from Clarendon County and an additional member from Kershaw County. Referred to the Committee on Judiciary.

Pupil to Teacher Ratios. H. 3120 Rep. J. E. Smith: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 59‑63‑67 so as to require pupil-teacher ratios in grades K-6 of 27:1 beginning with school year 2010 and fully phased-in at 25:1 by school year 2011, to provide that lower pupil-teacher ratios now required by law in reading and mathematics in grades 1-3 of 21:1 are not affected by the above provisions, to provide for a waiver of these ratios under certain conditions, and to provide for a reduction of state aid for any district which does not meet these required ratios. Referred to Committee on Education and Public Works.

Religion. S. 134 Senator Sheheen: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 59‑1‑435 so as to enact the "Religious Viewpoints Antidiscrimination Act," which prohibits a school district from discriminating against a student based on religious viewpoint, allows a student to express his religious viewpoint, allows a student to express his religious beliefs in homework and classroom assignments, and allows students to organize and participate in religious student gatherings to the same extent as secular noncurricular groups. Referred to the Committee on Education.

School Athletics. H. 3097 (Companion/Similar H. 3111) Rep. Cobb-Hunter: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 59‑63‑75 so as to require a student who participates on a school sponsored athletic team to be administered an electrocardiogram test during the student's preparticipation physical and to require the doctor who administers the test to clear the student for participation on the team before he is eligible to participate. Referred to Committee on Education and Public Works.

School Athletics. H. 3111 (Companion/Similar H. 3097) Rep. Cobb-Hunter: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 59‑63‑75 so as to require a student who participates on a school sponsored athletic team to be administered an electrocardiogram test during the student's preparticipation physical and to require the doctor who administers the test to clear the student for participation on the team before he is eligible to participate. Referred to Committee on Education and Public Works.

School Attendance. S. 29 Senator Jackson: A bill to amend § 59‑65‑10, Code of Laws of South Carolina, 1976, relating to mandatory school attendance, so as to provide that a child must attend school until he attains the age of eighteen, graduates from high school, or receives a high school equivalency diploma; to amend § 63‑19‑20, relating to definitions, so as to define "child" for the purposes of truancy; to amend § 63‑19‑1030, relating to prehearing inquiry, so as to include titles for truancy petitions; to amend § 63‑19‑1420, relating to drivers license suspension and restriction, so as to provide for the court suspension or restriction of a child's drivers license upon the finding of violation of court truancy order; and to amend § 63‑19‑1440, relating to commitment to the Department of Juvenile Justice, so as to provide for the commitment of a child who violates a court order to attend school. Referred to the Committee on Education.

School Calendar. H. 3100 Rep. Kirsh: A bill to amend§ 59‑1‑425, Code of Laws of South Carolina, 1976, relating to a school's calendar, so as to delete the requirement that a school may not open for students before a certain date. Referred to Committee on Education and Public Works.

School District Funding. H. 3102 Rep. E. H. Pitts: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 59‑20‑90 so as to require a school district to maintain an average daily membership of ten thousand students or greater in order to receive state funding. Referred to Committee on Ways and Means.

School District Requirements. S. 175 (Companion/Similar H. 3181) Senator Cleary: A bill to amend the Code of Laws of South Carolina, 1976, by repealing §§ 4‑10‑810 and 59‑21‑1030 relating to the level of financial effort per pupil required of each school district. Referred to the Committee on Finance.

School Facilities Infrastructure Act. H. 3125 (Companion/Similar S. 143) Rep. Cobb-Hunter: A bill to amend Chapter 146, Title 59, Code of Laws of South Carolina, 1976, relating to the State School Facilities Bond Act, by adding § 59‑146‑55 so as to provide that beginning with FY 2009-2010 and continuing for a period of four fiscal years thereafter, an additional three hundred million dollars in school facilities bonds may be issued over this five year period, and to provide that these bonds must be allocated to school districts based on a formula which gives priority consideration to districts with higher percentages of students eligible for free or reduced priced lunches, the relative financial ability of a district to fund new school facilities or improve existing facilities, and remaining capacity of a district to issue additional capital improvement bonds; and to amend Title 59, by adding Chapter 75 so as to enact the "South Carolina School Facilities Infrastructure Act", to establish the South Carolina School Facilities Infrastructure Authority, and to provide for its governance, powers, and duties; to authorize the authority to provide loans and other financial assistance to school districts to finance school facilities; to allow state appropriations, grants, loan repayments, and other available amounts to be credited to the fund of the authority; to authorize lending to and borrowing by school districts through the authority; and to authorize the issuance of general obligation bonds by the authority to be used for its stated purposes. Referred to Committee on Ways and Means.

School Term. H. 3180 Rep. Govan: A bill to amend  § 59‑1‑425, Code of Laws of South Carolina, 1976, relating to the beginning and length of the school term, so as to provide that a school district may propose an alternative school schedule plan that provides for the operation of schools on a four-day weekly calendar. Referred to Committee on Education and Public Works.

S.C. College and University Board of Regents. H. 3104 Rep. G. M. Smith: A bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 138 to Title 59 so as to establish the South Carolina College and University Board of Regents and provide for its membership, powers, duties, and responsibilities; to provide for the service of trustees or members of the governing body of "constituent institutions", defined as all two-year and four-year colleges and universities in this state including technical colleges; to provide that on July 1, 2009, the powers, duties, and responsibilities of the State Commission on Higher Education and the State Board for Technical and Comprehensive Education not inconsistent with chapter 138 of Title 59 are devolved upon the South Carolina College and University Board of Regents; and to repeal § 59‑103‑10 relating to the State Commission on Higher Education and § 59‑53‑10 relating to the State Board for Technical and Comprehensive Education. Referred to Committee on Education and Public Works.

S.C. School Facilities Infrastructure Act. S. 143 (Companion/Similar H. 3125) Senator Lourie: A bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 75 to Title 59 so as to enact the "South Carolina School Facilities Infrastructure Act" to provide for the issuance of general obligation bonds and special source bonds and notes by the South Carolina School Facilities Infrastructure Authority for the construction of school facilities, to create the South Carolina School Facilities Infrastructure Authority and to provide for its powers and duties, to create the School Facilities Review Commission and to provide for its powers and duties, to specify the terms by which the bonds and notes are issued, to define certain terms; and to amend  59‑71‑155, relating to general obligation bonds, so as to provide for the addition of financing agreements between a school district and the School Facilities Infrastructure Authority. Referred to the Committee on Education.

S.C. State University. S. 43 (Companion/Similar S. 62) Senator Ford: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 59‑127‑65 so as to provide that beginning July 1, 2009, South Carolina State University shall establish a law school and an undergraduate engineering school, to provide for the manner in which the law school and engineering school must be established and funded, and to provide for faculty at the University of South Carolina Law School and the College of Engineering of the University of South Carolina, both in Columbia, to teach also at the counterpart schools at South Carolina State University. Referred to the Committee on Education.

S.C. State University. S. 62 (Companion/Similar S. 43) Senator Ford: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 59‑127‑65 so as to provide that beginning with the fall semester of 2011, an engineering school and a law school must be established by the Board of Trustees of South Carolina State University at its campus in Orangeburg, and to provide that funds for the engineering school and the law school must be provided by the General Assembly in the annual General Appropriations Act and may be supplemented by the University from other funds and private donations. Referred to the Committee on Education.

S.C. Teacher Protection Act of 2009. S. 4 Senator McConnell: A bill to amend the Code of Laws of South Carolina, 1976, to enact the "South Carolina Teacher Protection Act of 2009", by adding § 59‑25‑900, so as to provide that a teacher may bring a civil action against a student who commits a criminal offense against the teacher if the offense occurs on school grounds or at a school-related event, or if the offense is directly related to the teacher's professional responsibilities, and to provide that no teacher has civil liability to a student or to a party acting in the interest of the student for an act or omission by the teacher that occurs while the teacher is acting on behalf of the school; and to amend § 16‑3‑612, relating to the offense of a student committing assault and battery against a person affiliated with a school in an official capacity, so as to redefine into three offenses with separate penalties for each, including establishing the most serious offense as a felony. Referred to the Committee on Judiciary.

State Employees. S. 133 Senator Sheheen: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 59‑111‑80 so as to provide that an employee of the state may attend classes for credit or noncredit purposes on a space-available basis without the required payment of tuition; and to repeal § 59‑111‑15 relating to tuition assistance for permanent faculty and staff. Referred to the Committee on Education.

Students. H. 3151 Rep. Whipper: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 59‑63‑75 so as to provide that no student enrolled in grades 7-12 may be retained in his present grade for the next school year either at his current school or at another school other than for academic or health reasons which are documented in the student's individual education plan (IEP) or in other records applicable to the student, and to provide that health reasons do not include those relating to the athletic abilities of the student. Referred to Committee on Education and Public Works.

Teachers. H. 3096 Rep. Bowen: A bill to amend § 59‑1‑130, Code of Laws of South Carolina, 1976, relating to the definition of "teacher", so as to revise the definition by requiring certain minimum time in the classroom among other criteria. Referred to Committee on Education and Public Works.

Teacher Contracts. H. 3095 Rep. Clemmons: A bill to amend § 59‑26‑40, as amended, Code of Laws of South Carolina, 1976, relating to induction, annual, and continuing contracts for teachers, so as to increase the induction contract period from one year to five years. Referred to Committee on Education and Public Works.

Tuition. S. 49 Senator Ford: A bill to amend the Code of Laws of South Carolina, 1976, by adding Article 11 to Chapter 111, Title 59 so as to exempt a person who is called to active military duty from paying tuition to a public institution of higher learning or a technical college in this state when he returns from serving his term of active duty pursuant to certain conditions. Referred to the Committee on Education.

USC Upstate. H. 3178 Rep. Littlejohn: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 59‑112‑140 so as to provide that the University of South Carolina Upstate may offer in-state tuition to a student who is a legal resident of Rutherford County, Polk County, Henderson County, or Transylvania County as long as the North Carolina Higher Education Governing Authority offers in-state tuition to a student who is a legal resident of Spartanburg County or Greenville County. Referred to Committee on Education and Public Works.

York County—School Districts. H. 3052 Rep. Kirsh: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 59‑1‑429 so as to authorize the Boards of Trustees of the York County School Districts to establish the opening date for school to begin. Referred to York Delegation.

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Elections

Absentee Ballot. H. 3060 (Companion/Similar S. 22 , H. 3068) Rep. J. E. Smith: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 7‑13‑25 so as to provide that the State Election Commission shall establish a procedure by which a qualified elector may cast his ballot in person without excuse during an early voting period; to establish early voting centers to allow a registered county resident to vote outside their precinct; to provide for the establishment of early voting locations, and require these locations and times to be in compliance with the provisions of § 30‑4‑80; and to amend § 7‑15‑330, as amended, relating to the time of application for an absentee ballot, so as to delete the authorization that an application may be requested in person four days before an election and authorizing an absentee application may be requested only on the day before the election. Referred to Committee on Judiciary.

Absentee Ballot. H. 3068 (Companion/Similar S. 22, H. 3060) Rep. Rutherford: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 7‑13‑25 so as to provide that the State Election Commission shall establish a procedure by which a qualified elector may cast his ballot in person without excuse during an early voting period; to establish early voting centers to allow a registered county resident to vote outside their precinct; to provide for the establishment of early voting locations; to require the designation of early voting centers at least thirty days before the election; and to require these locations and times to be in compliance with the provisions of § 30‑4‑80; and to amend § 7‑15‑330, as amended, relating to the time of application for an absentee ballot, so as to delete the authorization that an application may be requested in person four days before an election and authorizing an absentee application may be requested only on the day before the election. Referred to Committee on Judiciary.

Absentee Ballot. H. 3139 Rep. Bedingfield: A bill to amend § 7‑15‑330, as amended, Code of Laws of South Carolina, 1976, relating to the time of application for an absentee ballot, so as to provide that the deadline for accepting an application for an absentee ballot for a qualified elector who appears in person is changed from the day before the election to six days before the election. Referred to Committee on Judiciary.

Absentee Ballot. H. 3143 Rep. Rutherford: A bill to amend § 7‑15‑320, as amended, Code of Laws of South Carolina, 1976, relating to persons qualified to vote by absentee ballot, so as to provide that a qualified elector meeting certain requirements must be permitted to vote by absentee ballot by mail, and that a qualified elector must be permitted to vote by absentee ballot in an election in which he is entitled to vote for any reason if the qualified elector appears in person to cast an absentee ballot as provided by law. Referred to Committee on Judiciary.

Absentee Ballot. S. 82 (Companion/Similar S. 106) Senator Ford: A bill to amend § 7‑15‑320, as amended, relating to persons qualified to vote by absentee ballot, so as to provide that a qualified elector meeting certain requirements must be permitted to vote by absentee ballot by mail, and that a qualified elector must be permitted to vote by absentee ballot in an election in which he is entitled to vote for any reason if the qualified elector appears in person to cast an absentee ballot as provided by law. Referred to the Committee on Judiciary.

Absentee Ballots. S. 142 Senator Lourie: A bill to amend § 7‑15‑320, Code of Laws of South Carolina, 1976, relating to persons qualified to vote by absentee ballot, to allow any person qualified to vote in South Carolina to vote by an absentee ballot; to amend § 7‑15‑330, relating to the application for an absentee ballot, to remove all mention of qualifications to vote absentee; to amend § 7‑15‑340, relating to the form of the application for an absentee ballot, to remove all mention of reason to vote absentee; and to amend § 7‑15‑370, relating to furnishing ballots and envelopes, to remove all mention of qualifications to receive an absentee ballot. Referred to the Committee on Judiciary.

Absentee Ballots. S. 106 (Companion/Similar S. 82) Senator Alexander: A bill to amend § 7‑15‑320 of the 1976 Code, relating to persons qualified to vote by absentee ballot, to provide that qualified electors may cast an absentee ballot at the absentee voting precinct in their county of residence without being required to meet the statutory requirements to otherwise obtain an absentee ballot; and to amend § 7‑15‑410, to provide for the availability of absentee ballots to electors that want to cast a ballot prior to an upcoming election in person at the absentee voting. Referred to the Committee on Judiciary.

Candidate Voluntary Drug Testing Program. S. 204 Senator Peeler: A bill to amend Chapter 1, Title 7 of the 1976 Code by adding § 7‑1‑90 to provide for the "Candidate Voluntary Drug Testing Program", to provide that popularly elected candidates or candidates elected by the General Assembly may submit the results of a drug test to be published on the appropriate entity's website, and to provide requirements for publication. Referred to the Committee on Judiciary.

Candidates. H. 3067 Rep. Clemmons: A bill to amend § 7‑11‑10, Code of Laws of South Carolina, 1976, relating to methods of nominating candidates, so as to prohibit a candidate from filing more than one statement of intention of candidacy for a single election, and to prohibit a candidate from being nominated by more than one political party for a single office in an election; and to amend § 7‑13‑320, relating to ballots and specifications, so as to prohibit a candidate's name from appearing on the ballot more than once. Referred to Committee on Judiciary.

Club Districts. H. 3059 (Companion/Similar S. 207) Rep. Herbkersman: A bill to amend § 7‑1‑20, Code of Laws of South Carolina, 1976, relating to definitions used in South Carolina election law, so as to delete the definition "club district"; to amend § 7‑5‑460, relating to custody of books and their return after an election, so as to delete a reference to a "club" as an entity to whom the books are responsible; to amend §§ 7‑9‑20, 7‑9‑30, as amended, 7‑9‑40, 7‑9‑50, as amended, 7‑9‑60, and 7‑9‑70, relating to clubs in party organizations, so as to delete references to party clubs which clarifies the organizational relations with election precincts; to provide that all elected precinct committeemen may vote on questions before the county committee, to provide that the chairman may vote in the case of a tie, and to provide that an elected officer of the county committee who is not a precinct committeeman may vote de facto, and to clarify the election precincts organizational relationship; and to amend § 7‑13‑170, relating to the procedure when a manager fails to attend the place which has been scheduled for holding a poll, so as to delete the term "club" from the qualifying member to become a manager in the place of absent managers. Referred to Committee on Judiciary.

Election Law. S. 207 (Companion/Similar H. 3059) Senator L. Martin: A bill to amend § 7‑1‑20, Code of Laws of South Carolina, 1976, relating to definitions used in South Carolina election law, so as to delete the definition "club district"; to amend § 7‑5‑460, relating to custody of books and their return after an election, so as to delete a reference to a "club" as an entity to whom the books are responsible; to amend §§ 7‑9‑20, 7‑9‑30, as amended, 7‑9‑40, 7‑9‑50, as amended, 7‑9‑60, and 7‑9‑70, relating to clubs in party organizations, so as to delete references to party clubs which clarifies the organizational relations with election precincts; to provide that all elected precinct committeemen may vote on questions before the county committee, to provide that the chairman may vote in the case of a tie, and to provide that an elected officer of the county committee who is not a precinct committeeman may vote de facto, and to clarify the election precincts organizational relationship; and to amend § 7‑13‑170, relating to the procedure when a manager fails to attend the place which has been scheduled for holding a poll, so as to delete the term "club" from the qualifying member to become a manager in the place of absent managers. Referred to the Committee on Judiciary.

Elections. H. 3073 Rep. Rutherford: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 7‑13‑27 so as to provide that the authority charged by law with conducting an election shall provide a procedure by which a qualified elector may register and cast a ballot on the same day. Referred to Committee on Judiciary.

Presidential Preference Primaries. S. 124 Senator Sheheen: A bill to amend § 7‑11‑20, as amended, Code of Laws of South Carolina, 1976, relating to presidential preference primaries, so as to provide that the State Election Commission conduct presidential preference primaries for certified political parties which received at least five percent of the popular vote in South Carolina for the party's candidate for President of the United States, except when a state committee of a political party decides to hold a presidential preference primary as provided in § 7‑11‑25, and if more than one state committee decides to hold a presidential preference primary, the committees mutually shall set a single date for the presidential preference primary, that has a filing deadline no later than seventy-five days before the presidential preference primary date, to be agreed upon by January first of the year the presidential election is to be held and submitted to the State Election Commission, and if the state committees are not able to reach agreement on the date for the presidential preference primary, then the presidential preference primary must be held as provided in § 7‑13‑40. Referred to the Committee on Judiciary.

S.C. Voter Accessibility Act. H. 3058 Reps. Govan, Hosey, Clyburn, R. L. Brown, Mitchell, King, Weeks, Jefferson, Knight, Ott, McEachern, Howard, Hodges, Williams and Vick: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 7‑13‑25 so as to enact the "South Carolina Voter Accessibility Act", to provide that the State Election Commission shall establish a procedure by which a qualified elector may cast his ballot in person without excuse during an early voting period; to establish early voting centers to allow a registered county resident to vote outside their precinct; to provide for the establishment of early voting locations, and require these locations and times to be in compliance with the provisions of § 30‑4‑80; and to amend § 7‑15‑330, as amended, relating to the time of application for an absentee ballot, so as to delete the authorization that an application may be requested in person four days before an election and authorizing an absentee application may be requested only on the day before the election. Referred to Committee on Judiciary.

Special Elections. H. 3075 Rep. Kirsh: A bill to amend § 7‑13‑190, as amended, Code of Laws of South Carolina, 1976, relating to special elections to fill vacancies in office, so as to exempt municipal elections from certain requirements of the Section regarding the conduct of the election when only one person has filed for an office. Referred to Committee on Judiciary.

Voting. S. 22 (Companion/Similar H. 3060, H. 3068) Senator Jackson: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 7‑13‑25 so as to provide that the State Election Commission shall establish a procedure by which a qualified elector may cast his ballot in person without excuse during an early voting period; to establish early voting centers to allow a registered county resident to vote outside their precinct; to provide for the establishment of early voting locations, and require these locations and times to be in compliance with the provisions of § 30‑4‑80; and to amend § 7‑15‑330, as amended, relating to the time of application for an absentee ballot, so as to delete the authorization that an application may be requested in person four days before an election and authorizing an absentee application may be requested only on the day before the election. Referred to the Committee on Judiciary.

Voting. S. 123 Senator Cromer: A bill to amend § 7‑13‑710 of the 1976 Code, relating to the identification a person must present in order to vote, to require a person to present photo identification or execute an affidavit indicating that the person has a religious objection to being photographed. Referred to the Committee on Judiciary.

Voting Precincts. H. 3142 Rep. Whipper: A bill to amend § 7‑7‑10, as amended, Code of Laws of South Carolina, 1976, relating to the establishment of voting precincts and voting places established by the General Assembly, so as to prohibit the establishment of a polling place in a location that is gated, guarded, or where access is controlled by other than a polling place manager, and to require that submission to the United States Justice Department must contain a statement concerning the accessibility to the general public. Referred to Committee on Judiciary.

Voter Registration. H. 3140 Reps. G. R. Smith, Hamilton, Nanney and Bedingfield: A bill to amend § 7‑5‑110, Code of Laws of South Carolina, 1976, relating to the requirement of registration in order to vote, so as to provide that a person is not allowed to vote in a partisan primary election or partisan advisory referendum unless the person has registered as being a member of that party; to amend § 7‑5‑170, as amended, relating to the requirements for voter registration, so as to provide the requirement of stating political party affiliation, if any, on the form and including it in the oath; and require the State Election Commission to assist in capturing this data; and to amend § 7‑9‑20, relating to the qualifications for voting in primary elections, so as to include, as a requirement, registering as a member of the party and to provide a procedure for changing political party affiliation or nonaffiliation after a selection has been made. Referred to Committee on Judiciary.

Voters. H. 3005 Rep. Delleney: A bill to amend § 7‑5‑125, as amended, Code of Laws of South Carolina, 1976, relating to written notification of registration of persons who have successfully applied to register to vote, so as to provide that the notification also must include a photograph of the person making the application; by adding § 7‑5‑200 so as to require that each elector registered to vote by a county board of registration must be issued a certificate which contains his photograph and other information the State Election Commission requires, and to provide a procedure for the taking of these photographs; and to amend § 7‑13‑710, as amended, relating to the presentation of a person's proof of his right to vote, so as to require a poll manager to compare the photograph on the required identification with the person presenting himself to vote and also to require the poll manager to verify that the photograph is that of the person seeking to vote. Referred to Committee on Judiciary.

Voting. H. 3065 Rep. J. E. Smith: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 7‑13‑870 so as to require an employer to give an employee reasonable time off from work to vote in elections. Referred to Committee on Judiciary.

Voting Identification. H. 3078 Rep. Rutherford: A bill to amend § 7‑13‑710, as amended, Code of Laws of South Carolina, 1976, relating to those proofs of identity required of a person when he presents himself to vote, so as to add a college identification card containing a photograph as another form of proof of identification authorized to be accepted. Referred to Committee on Judiciary.

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Environmental Protection & Conservation

Conservation Easements. H. 3008 Rep. M. A. Pitts: A bill to amend § 48‑59‑100, Code of Laws of South Carolina, 1976, relating to public access requirements for conservation easements acquired in whole or in part with revenues of the South Carolina Conservation Bank Trust Fund, so as to provide that trust funds and any other public funds of this state and any political subdivision of this state may not be used to acquire a conservation easement or other interest in riverbank property unless the conservation easement or other property interest by its terms specifically continues to allow public access for fishing and hunting and other traditional uses associated with fishing and hunting and to require an applicant applying for South Carolina Conservation Bank Trust Fund revenues for an easement or other interest in riverbank property to specify the applicant's efforts to identify these uses made before the property becomes subject to a conversation easement or other ownership interest transfer. Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

Energy Efficiency. S. 9 Senator McConnell: A bill to amend Chapter 52, Title 48, Code of Laws of South Carolina, 1976, relating to energy efficiency, by adding Article 12, so as to establish energy efficiency and renewable energy goals for state government, to direct state agencies to procure energy efficient products, and to direct every state agency head to require the replacement of all incandescent light bulbs with compact fluorescent light bulbs in each state agency by July 1, 2011. Referred to the Committee on Agriculture and Natural Resources.

Offshore Drilling. H. 3188 Rep. Skelton: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 48‑43‑395 so as to provide a person may explore the economic feasibility of drilling and producing oil or natural gas in the Atlantic Ocean within the territorial jurisdiction of this state by surveying a prospective offshore drilling and production site, if he obtains an applicable exploration permit from the South Carolina Department of Health and Environmental Control, and to provide a person who consequently demonstrates this economic viability to the Department may drill for and produce oil or natural gas at that site, subject to certain permitting and other requirements. Referred to Committee on Labor, Commerce and Industry.

Offshore Drilling. H. 3194 Rep. Duncan: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 48‑43‑397 so as to define the term offshore drilling, to provide portions of lease or royalty payments paid by persons permitted to engage in offshore drilling in the atlantic ocean within the territorial waters of South Carolina and that accrue to the benefit of this state must be allocated and expended in a certain manner. Referred to Committee on Labor, Commerce and Industry.

Offshore Drilling. S. 44 Senator Ford: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 48‑43‑395 so as to provide offshore exploration, drilling, or production of oil and gas in the Atlantic ocean within the territorial jurisdiction of South Carolina contingent on the removal of applicable federal restrictions and subject to the requirements of this Title, and to provide the South Carolina Department of Health and Environmental Control shall expedite an application for a permit for offshore exploration, drilling, or production. Referred to the Committee on Agriculture and Natural Resources.

Provisions for Cost of Animal Care Act. S. 223 Senator Lourie: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 47‑1‑145, to enact the "Provisions for Cost of Animal care Act of 2009", to provide that the custodian of an animal taken into custody due to civil or criminal violations by its owner may petition the court for expenses related to providing care to the animal, to establish procedures for hearing such petitions and for the collection and use of funds ordered to be paid, to provide that a person who fails to pay such funds forfeits rights of ownership to the animal, to provide for the disposition of such an animal, and to provide for the return of funds when a person is not found to be in violation; to amend § 47‑1‑130, relating to cruelty to animals, to provide that agents of the South Carolina Society for the Prevention of Cruelty to Animals, or any other society duly incorporated for that purpose, may assist with a lawful investigation of this Chapter, but may only effectuate an arrest of a person if they have been vested with the power to arrest by a sheriff or the governing body of a county or municipality; and to amend § 47‑1‑140, relating to notice provided to the owner of animals which have been seized from others upon arrest, to remove special provisions for agents of the South Carolina Society for the Prevention of Cruelty to Animals, or any other society duly incorporated for that purpose. Referred to the Committee on Agriculture and Natural Resources.

S.C. Conservation Bank Equitable Funding Act. S. 148 Senator Campsen: A bill to provide for the "South Carolina Conservation Bank Equitable Funding Act" by amending § 48‑59‑75 of the 1976 Code, relating to the suspension of funding provision for the South Carolina Conservation Bank, to delete the provision suspending transfers to the trust fund and to provide instead that the amount of deed recording fees transferred to the trust fund must be reduced in fiscal years when appropriations to more than one-half of state agencies and departments are less than such appropriations in the prior fiscal year by the aggregate percentage of decrease in appropriations and in a fiscal year when across the board appropriations reductions are ordered by the state Budget and Control Board, the amount of deed recording fees transferred to the trust fund must be the lesser of the amount of fees less the percentage reduction or the amount of fees projected to be collected. Referred to the Committee on Agriculture and Natural Resources.

State Energy Policy. S. 220 (Companion/Similar S. 232) Senator Grooms: A bill to amend §§ 48‑52‑210 and 48‑52‑420, Code of Laws of South Carolina, 1976, both relating to the state energy policy, so as to encourage the use of nuclear energy and to ensure that any state energy strategy that promotes carbon-free, nongreenhouse gas emitting sources includes nuclear energy and renewable energy resources; and by adding § 48‑52‑215 to define "renewable energy resources" for purposes of the South Carolina Energy Efficiency Act. Referred to the Committee on Agriculture and Natural Resources.

State Energy Policy. S. 232 (Companion/Similar S. 220) Senator Ryberg: A bill to amend § 48‑52‑210 of the 1976 Code, relating to the plan for the state energy policy, to encourage the use of clean energy sources; and to amend Article 2, Chapter 52, Title 48, by adding § 48‑52‑220 to provide a definition for "renewable energy resources". Referred to the Committee on Agriculture and Natural Resources.

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Fish, Game & Watercraft

All-Terrain Vehicle Safety Act. H. 3101 (Companion/Similar H. 3109) Rep. Kirsh: A bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 26 to Title 50 so as to enact the "All-Terrain Vehicle Safety Act" to provide for the regulation of the operation of all-terrain vehicles by persons under the age of sixteen, to provide for the regulation of the sale of all-terrain vehicles for the use of persons under the age of sixteen, to provide safety standards for operation of all-terrain vehicles, and to provide penalties for violation of the chapter. Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

All-Terrain Vehicle Safety Act. H. 3109 (Companion/Similar H. 3101) Rep. Kirsh: A bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 26 to Title 50 so as to enact the "All-Terrain Vehicle Safety Act" to provide for the regulation of the operation of all-terrain vehicles by persons under the age of sixteen, to provide for the regulation of the sale of all-terrain vehicles for the use of persons under the age of sixteen, to provide safety standards for operation of all-terrain vehicles, and to provide penalties for violation of the Chapter. Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

Baiting for Deer. S. 177  Senator Massey: A bill to amend § 50‑11‑310 of the 1976 Code, relating to open season for antlered deer, to delete the prohibition of baiting for deer in Games Zones 1 and 2. Referred to the Committee on Fish, Game and Forestry.

Boat Livery. S. 98 Senator Land: A bill to amend § 50‑21‑120 of the 1976 Code, relating to the duty of the owner of a boat livery, to remove the provisions mandating the owner's liability for negligent operation of a vessel. Referred to the Committee on Fish, Game and Forestry.

Kayaking, Canoeing, and Rafting Liability Immunity. H. 3076 Rep. Kirsh: A bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 22 to Title 50 so as to provide for certain kayaking, canoeing, and rafting liability immunity whereby a kayaking, canoeing, or rafting activity sponsor or a kayaking, canoeing, or rafting professional is not liable for an injury to or the death of a participant resulting from an inherent risk of kayaking, canoeing, or rafting activity absent specified factors. Referred to Committee on Judiciary.

Turtles. H. 3121 Reps. J. E. Smith and E. H. Pitts: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 50‑15‑75 so as to provide that it is unlawful for a person to remove, or attempt to remove, from this state more than ten turtles of certain named species, to provide exceptions, and to provide penalties for violations.  Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

Watercraft. S. 195 Senator McConnell: A bill to amend § 50‑21‑870 of the Code of Laws of South Carolina, 1976, relating to the wearing of personal flotation devices on personal watercrafts, so as to provide that a person is not required to wear a personal flotation device if the person is in possession of a personal watercraft that is located in three feet of water or less, and is anchored, and the engine is not operating. Referred to the Committee on Fish, Game and Forestry.

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General Assembly

Biennial State General Appropriation Act. H. 3124 Rep. J. E. Smith: A bill to amend § 2‑7‑60, Code of Laws of South Carolina, 1976, relating to the Annual General Appropriations Act, so as to provide that, beginning with its 2011 session, the General Assembly shall enact a Biennial State General Appropriations Act. Referred to Committee on Ways and Means.

Campaigning for Judicial Candidates. S. 58 Senator Ford: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 2‑19‑75 so as to prohibit members of the General Assembly from campaigning for judicial candidates within two years of the election, to provide that the State Ethics Commission shall investigate complaints, to provide a penalty, and to provide an exception under certain circumstances for legislative members of the Judicial Merit Selection Commission. Referred to the Committee on Judiciary.

Senator Glenn F. McConnell. S. 14 Senators Courson, Peeler, Land, Setzler, Leatherman, Leventis, Matthews and Thomas: A senate resolution to authorize the commissioning of a portrait of the Honorable Glenn Fant McConnell of Charleston to be placed in the senate chamber, president pro tempore of the senate, longtime and beloved senator from the forty-first senatorial district, a loyal and compassionate public servant, and a distinguished statesman. Referred to the Committee on Operations and Management.

Joint Military Affairs Review Commission. H. 3040 (Companion/Similar S. 213)  Reps. M. A. Pitts and Harrell: A bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 54 to Title 2 so as to establish a permanent joint committee of the General Assembly to monitor, study, and make appropriate recommendations on all issues, legislation, and other actions necessary to sustain and develop South Carolina's military installations, communities, and defense-related businesses. Referred to Committee on Judiciary.

Joint Military Affairs Review Committee. S. 213 (Companion/Similar H. 3040) Senator O'Dell: A bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 54 to Title 2 so as to establish a permanent joint committee of the General Assembly to monitor, study, and make appropriate recommendations on all issues, legislation, and other actions necessary to sustain and develop South Carolina's military installations, communities, and defense-related businesses. Referred to the Committee on Judiciary.

Judicial Elections Reform Act. S. 156 Senator Campsen: A bill to amend the 1976 Code to enact the "Judicial Elections Reform Act" by amending § 2‑19‑70, relating to pledging, to prohibit a person or judicial candidate from directly or indirectly seeking the pledge of a member of the General Assembly regarding screening for any judicial office until the qualifications of all the candidates have been determined by the Judicial Merit Selection Commission and the Commission has formally released its report. Referred to the Committee on Judiciary.

Judicial Merit Selection Commission. S. 216 Senator Ford: A bill to amend §§ 2‑19‑10, 2‑19‑20, 2‑19‑25, 2‑19‑30, as amended, 2‑19‑35, 2‑19‑70, 2‑19‑80, Code of Laws of South Carolina, 1976, all relating to the Judicial Merit Selection Commission and the procedures and requirements for electing persons to judicial offices of this state, so as to further provide for these procedures and requirements including situations where more than three candidates may be nominated for election to a particular judicial office; and to amend § 20‑7‑1370, as amended, relating to the qualifications for election to the office of family court judge, so as to require a candidate to have been a resident of the circuit where the family court is located for at least one year preceding his election. Referred to the Committee on Judiciary.

Lobbyist. H. 3043 (Companion/Similar S. 116, H. 3057, H. 3077)Rep. Merrill: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 2‑17‑55 so as to prohibit the use of public funds to employ or contract with a person whose activities include those related to lobbying and to provide exceptions. Referred to Committee on Judiciary.

Lobbyist. H. 3045 Rep. Merrill: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 2‑17‑55 so as to prohibit the use of appropriated funds to employ or contract with a person whose activities include those related to lobbying and to provide exceptions. Referred to Committee on Judiciary.

Lobbyist. H. 3057 (Companion/Similar S. 116, H. 3043, H. 3077) Rep. Merrill: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 2‑17‑56 so as to prohibit the use of public funds to employ or contract with a lobbyist and to provide exceptions. Referred to Committee on Judiciary.

Lobbyists. H. 3077  (Companion/Similar  S. 116, H. 3043, H. 3057) Rep. Kirsh: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 2‑17‑55 so as to prohibit the use of public funds to employ or contract with a person whose activities include those related to lobbying and to provide exceptions. Referred to Committee on Judiciary.

Lobbyist. S. 52  Senator Ford: A bill to amend § 2‑17‑110, as amended, Code of Laws of South Carolina, 1976, relating to certain acts prohibited of lobbyists, so as to provide a lobbyist may not serve on a local board or local commission, and to provide a lobbyist serving on a local board or local commission before July 1, 2009, may continue to serve on that board or commission until his term expires. Referred to the Committee on Judiciary.

Roll Call Votes. H. 3047 Reps. Haley, Ballentine, Wylie, Stringer, R. L. Brown, Kirsh, E. H. Pitts, Miller, G. R. Smith, Whipper, Huggins, Frye, Knight, Daning, J. E. Smith, Rice, Anderson, G. M. Smith, Phillips, Clyburn, Hart, Bowen, T. R. Young, Simrill, Duncan, Gunn, Agnew, Viers, Cobb-Hunter, King and Allison: A bill to enact the "Spending Accountability Act of 2009"; and to amend 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. Referred to Committee on Ways and Means.

S.C. General Obligation Bond Fiscal Responsibility Act. S. 147 Senator Campsen: A bill to enact the "South Carolina General Obligation Bond Fiscal Responsibility Act" by amending § 2‑7‑105 of the 1976 Code, relating to the limitation on authorization of state capital improvement bonds, to allow the authorization of such bonds only in a bill or joint resolution enacted in an odd-numbered year, to extend all limitations of this Section to general obligation bonds of the state, however described, subject to the constitutional limit on debt service measured as a percentage of general fund revenues, to require the enactment of a separate joint resolution preceding the authorization of bonds that specifically allows the consideration of a bond bill, to provide that a bill or joint resolution allowing such bonds may not be given third reading in the House of Representatives or Senate or reported from a committee of conference or free conference unless it is accompanied by the certificate of the State Treasurer that debt service on all general obligation bonds outstanding when added to estimated debt service on authorized but unissued bonds and the bonds authorized in the bill or joint resolution does not exceed the then current constitutional debt service limit, and to define general obligation bond. Referred to the Committee on Finance.

Sine Die Adjournment. H. 3127 Rep. J. E. Smith: A bill to amend § 2‑1‑180, Code of Laws of South Carolina, 1976, relating to General Assembly adjournment, so as to provide for sine die adjournment on the first Thursday of May rather than the first Thursday in June and delete the authority to extend the session. Referred to Committee on Judiciary.

Spending Accountability Act of 2009. S. 11 Senators Peeler, Cromer, Massey, Bryant, Fair, Ryberg, Hayes, Campbell, Mulvaney, Rose, Rankin, Davis, Courson, Thomas, Alexander, Cleary, Bright, Campsen, Shoopman and S. Martin: A bill to enact the "Spending Accountability Act of 2009"; and to amend 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. Referred to the Committee on Judiciary.

Tax Study Commission. H. 3146 Rep. J. E. Smith: A bill to amend Chapter 41, Title 2, Code of Laws of South Carolina, 1976, relating to the Joint Committee on Taxation, so as to replace that Committee with the Tax Study Commission and provide for its membership and duties, to provide that the first order of business of this Tax Study Commission is a review of state sales and use tax exemptions which must be submitted to the General Assembly and the Governor before the beginning of the 2010 session of the General Assembly, to require that review to contain specific recommendations with respect to exemptions to be eliminated or revised and a reduced state sales and use tax rate to provide revenue neutrality, to provide for the reporting and implementation of the Committee's recommendations and amendments allowed to these recommendations and the manner in which they take effect; and to repeal Chapter 41 of Title 2 establishing the Tax Study Commission effective July 1, 2011, unless the General Assembly by law extends the Commission's existence. Referred to Committee on Ways and Means.

Term Limits. S. 169 Senator Cleary: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 2‑1‑190 to provide that no person shall be eligible for election to the House of Representatives if that person has served six terms in the same body, and that no person shall be eligible for election to the Senate if that person has served four terms in the same body, and to provide that any term served for which the election was held prior to January 1, 2009, shall not be counted as a term served. Referred to the Committee on Judiciary.

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Health

Abortion. H. 3198 Reps. Delleney, Nanney, Simrill, G. R. Smith, G. M. Smith and Lucas: A bill to amend § 44‑41‑330, as amended Code of Laws of South Carolina, 1976, relating to prerequisites for the performance of an abortion, information to be provided, certification, waiting period, special provisions for minors or mentally incompetent persons, retention of records, and unavailability of records, so as to provide that a physician who performs an ultrasound prior to performing an abortion must inform the woman of the probable gestational age of the embryo or fetus and that the woman has the right to view the ultrasound images; to provide that upon request the physician must show the images to the woman and provide a medical explanation of the images, including the presence of organs and external members; to provide that the woman must certify in writing before the abortion is performed that she has been informed of her right to view the images; to provide that an abortion may not be performed sooner than one hour after an ultrasound is performed; to provide that the parents of an unemancipated minor must make the certification regarding, among other things, the right to view ultrasound images; and to further provide that the provisions relating to viewing ultrasound images do not apply to a person adjudicated to be incompetent; and to amend § 44‑41‑340, relating to materials that the Department of Health and Environmental Control must publish regarding abortions and assistance for pregnant women, so as to require that the material include a list of facilities that provide ultrasounds free of charge. Referred to Committee on Judiciary.

Authorized Voter Designation. S. 40 (Companion/Similar S. 39, S. 73, S. 75, S. 76) Senator Ford: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 44‑7‑65 so as to require health care facilities to establish protocols allowing a patient to designate an individual as an authorized visitor regardless of the blood or legal relationship of the patient to the individual. Referred to the Committee on Medical Affairs.

Certificate of Need Requirements. S. 27 Senator Jackson: A bill to amend § 44‑7‑170, as amended, Code of Laws of South Carolina, 1976, relating to facilities exempt from the certificate of need requirements and health facility licensure, so as to exempt from the certificate of need requirements a facility used only for endoscopy if the facility is located in a primary care health professional shortage area (HPSA). Referred to the Committee on Medical Affairs.

Clean Indoor Air Act. S. 31 Senator Jackson: A bill to amend § 44‑95‑20, Code of Laws of South Carolina, 1976, relating to the Clean Indoor Air Act, including exceptions to places where smoking is prohibited, so as to delete provisions allowing smoking in certain private offices and teacher lounges at schools; and by adding § 59‑1‑485 so as to provide that it is unlawful for a person to smoke or possess lighted smoking material in outdoor areas of public schools and preschools and to provide a penalty. Referred to the Committee on Medical Affairs.

Clean Indoor Air Act. S. 38 (Companion/Similar H. 3113) Senator Ford: A bill to amend Chapter 95 of Title 44, Code of Laws of South Carolina, 1976, relating to the "Clean Indoor Air Act of 1990", so as to extend the smoking prohibition provided for in the act to restaurants, bars, lounge areas, and recreational facilities; to specify that smoking is permitted in private homes and automobiles, home-based businesses, private functions in indoor areas, hotel rooms designated as smoking rooms, specialty tobacco stores, tobacco manufacturers, cigar bars, and private clubs and to provide that a proprietor of an establishment has the right to prohibit smoking in his establishment which would otherwise be permitted by this chapter; to provide that the posting of designated smoking area signs is not required for private homes and automobiles or home-based businesses and to provide an exception; to delete the maximum criminal penalty from a fine of twenty-five dollars and to provide a minimum criminal penalty of a fine of not less than fifty dollars; to provide that a person smoking in a restaurant, bar, or lounge must be asked to extinguish all lighted tobacco products and if the person refuses to do so, the person must be asked to leave the premises; to prohibit a person or employer from retaliating against another person or an employee or customer for filing a complaint for or seeking prosecution of a violation of this chapter; and to provide that the Clean Indoor Air Act must not be construed to permit smoking where it is otherwise prohibited by regulation of a state or local agency, including a local ordinance. Referred to the Committee on Medical Affairs.

DHEC. H. 3197 Rep. Lucas: A bill to amend § 44‑1‑20, Code of Laws of South Carolina, 1976, relating to the supervision of the Department of Health and Environmental Control by the Board of Health and Environmental Control, so as to delete references to the Board and instead provide the Department must be managed and operated by a director appointed by the Governor upon the advice and consent of the Senate and subject to removal by the Governor; to amend §§ 44‑1‑40, 44‑1‑50, as amended, 44‑1‑60, 44‑1‑70, 44‑1‑80, as amended, 44‑1‑280, 44‑2‑130, as amended, 44‑7‑130, 44‑7‑150, 44‑7‑180, 44‑7‑190, 44‑7‑200, 44‑7‑210, 44‑7‑220, 44‑7‑230, 44‑7‑320, 44‑7‑370, 44‑29‑150, 44‑29‑210, 44‑53‑280, 44‑53‑290, 44‑53‑310, 44‑53‑360, as amended, 44‑53‑740, 44‑55‑20, 44‑55‑30, 44‑55‑40, 44‑55‑45, 44‑55‑50, 44‑55‑60, 44‑55‑70, 44‑55‑120, as amended, 44‑55‑2320, 44‑55‑2360, 44‑56‑20, 44‑56‑30, 44‑56‑100, 44‑56‑130, 44‑56‑440, as amended, 44‑61‑20, as amended, 44‑61‑30, as amended, 44‑61‑40, as amended, 44‑61‑50, as amended, 44‑61‑60, as amended, 44‑61‑70, as amended, 44‑61‑80, as amended, 44‑61‑130, as amended, 44‑61‑150, as amended, 44‑63‑110, 44‑67‑30, 44‑67‑40, 44‑67‑120, 44‑69‑20, 44‑69‑30, 44‑69‑50, 44‑71‑20, 44‑75‑20, 44‑75‑30, 44‑75‑40, 44‑89‑30, 44‑93‑20, 44‑93‑150, 44‑96‑100, 44‑96‑440, 44‑96‑450, 48‑2‑340, 48‑18‑20, 48‑39‑280, 48‑43‑10, 48‑43‑30, 48‑43‑50, 48‑43‑60, 48‑43‑510, and 48‑55‑10, all relating to various Department provisions, so as to conform them to the replacement of the Board with the director. Referred to Committee on Judiciary.

DHEC. S. 37 Senator Ford: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 44‑1‑295 so as to provide that the Department of Health and Environmental Control must not issue a license or permit for the operation of an industrial facility if the facility is within three and one half miles of a residence; to provide that the Department may issue a cease and desist order and other sanctions to an existing industrial facility within three and one half miles of a residence if the facility has or has had an incident within the past fifteen years in which the operation of the facility or any process within the facility or in which the release of industrial waste or a by-product from the facility caused or contributed to human injury or death. Referred to the Committee on Medical Affairs.

DHEC. S. 119 (Companion/Similar H. 3205) Senators Knotts and Peeler: A bill to amend § 44‑7‑110, Code of Laws of South Carolina, 1976, relating to the short title of Article 3, Chapter 7, Title 44, to amend § 44‑7‑120, relating to the purpose of this Article, to amend § 44‑7‑130, relating to definitions in this Article, to amend § 44‑7‑140, relating to duties of the Department of Health and Environmental Control to administer the Certificate of Need Program and Health Facility Licensure, to amend § 44‑7‑150, relating to duties of the Department, and to amend  § 44‑7‑170, as amended, relating to facilities to which this Article applies, all so as to delete provisions relating to the Certificate of Need Program, thereby abolishing the Certificate of Need Program; and to repeal §§ 44‑7‑160, 44‑7‑180, 44‑7‑185, 44‑7‑190, 44‑7‑200, 44‑7‑210, 44‑7‑220, 44‑7‑230, and 44‑7‑240 all relating to the Certificate of Need Program and powers and procedures of the Department of Health and Environmental Control relative to the Certificate of Need Program. Referred to the Committee on Medical Affairs.

Discrimination. S. 76 (Companion/Similar S. 39, S. 40, S. 73, S. 75) Senator Ford: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 44‑7‑65 so as to require health care facilities to establish protocols allowing a patient to designate an individual as an authorized visitor regardless of the blood or legal relationship of the patient to the individual; to amend §§ 1‑13‑20, 1‑13‑30, 1‑13‑70, 1‑13‑80, 1‑13‑90, as amended, and 1‑13‑100, all relating to prohibiting discrimination in employment because of race, religion, color, sex, age, national origin, or disability, so as to also prohibit such discrimination because of sexual orientation or gender identity and to define "sexual orientation" and "gender identity"; to amend §§ 31‑21‑30, 31‑21‑40, 31‑21‑50, 31‑21‑60, and 31‑21‑70, all relating to prohibiting discrimination pursuant to the South Carolina Fair Housing Law, concerning the buying, selling, or renting of dwellings, because of race, color, religion, sex, handicap, familial status, or national origin, so as to also prohibit such discrimination because of sexual orientation or gender identity and to define "sexual orientation" and "gender identity"; to amend §§ 45‑2‑20, 45‑2‑30, and 45‑2‑60, relating to prohibiting discrimination pursuant to the Lodging Establishment Act, concerning hotels and other sleeping accommodations, because of race, creed, color, national origin, gender, disability, or marital status, so as to also prohibit such discrimination because of sexual orientation or gender identity and to define "sexual orientation" and "gender identity"; to amend § 45‑9‑10, relating to prohibiting discrimination in the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation because of race, color, religion, or national origin, so as to prohibit such discrimination because of sexual orientation or gender identity and to define "sexual orientation" and "gender identity"; and by adding § 16‑3‑1900 so as to establish penalties for noncapital criminal offenses against a person that were motivated by hate, which pertains to such crimes being committed with the intent to commit the crime because of the actual or perceived race, religion, color, national origin, ancestry, age, disability, gender, sexual orientation or gender identity of a victim, and to define "age", "base offense", "gender identity", "disability", "motivated by hate", and "sexual orientation". Referred to the Committee on Judiciary.

Diseases. H. 3185 Rep. Viers: A bill to amend § 44‑29‑10, as amended, Code of Laws of South Carolina, 1976, relating to reporting of certain contagious and infectious diseases, so as to provide the Department of Health and Environmental Control shall include the parasite cysticercosis among the diseases it considers contagious and infectious, designates for mandatory reporting by physicians, and otherwise reports in the official list of reportable conditions issued by the Bureau of Disease Control. Referred to Committee on Medical, Military, Public and Municipal Affairs.

Electronic Waste Management Act. S. 131 Senator Sheheen: A bill to amend the Code of Laws of South Carolina, 1976, by adding Article 10 to Chapter 56, Title 44, to enact the "Electronic Waste Management Act" so as to provide that the Department of Health and Environmental Control shall promulgate regulations identifying electronic devices that are presumed to be hazardous waste when discarded; to establish consumer electronic waste recycling fees on the purchase of these electronic devices, which fee may be paid by the retailer; to require the manufacturer of these devices to notify retailers of the fees that must be collected at the sale of these devices; to establish the electronic waste recovery and recycling fund; to establish electronic waste recovery payments to be paid to authorized collectors of electronic waste to operate free electronic waste collection, consolidating, and transporting systems; to establish electronic waste recycling payments to be paid to recyclers who receive electronic wastes from authorized collectors; to require manufacturers of electronic devices to annually report to the Department of Health and Environmental Control on the type of devices sold that contain electronic waste and the reduction in manufacturing these devices; to require manufacturers to provide information to consumers describing how and where to return, recycle, and dispose of electronic devices; to establish reporting requirements for the exportation of electronic waste; to establish civil penalties for violations; to provide that the Department shall establish and update statewide recycling goals; to establish requirements for state procurement of electronic devices; and to provide that this article must not be implemented if federal law takes effect regulating electronic waste or if a court issues a judgment holding that out-of-state manufacturers of electronic devices or retailers may not be required to collect the electronic waste fee established pursuant to this Article. Referred to the Committee on Medical Affairs.

Electronics Recycling Act. H. 3200 Rep. Funderburk: A bill to amend the Code of Laws of South Carolina, 1976, by adding Article 3 to Chapter 96, Title 44, so as to enact the "Electronics Recycling Act", and to provide for the recycling of certain electronic devices, to require manufacturers of these devices to register with the Department of Health and Environmental Control, to pay registration fees to fund the administration of this Article, and to pay fees to fund the transportation and recycling of these devices, to prohibit manufacturers of these devices from selling them in this state unless the manufacturer is registered and in compliance with this article, to authorize and establish requirements for private recycling programs for these electronic devices, to require that electronic recycling information be provided to consumers of these devices, and to prohibit after December 31, 2013 the disposal of these electronic devices in solid waste disposal facilities. Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

Health Communities Capacity Act. H. 3204 Rep. Whipper: A bill to amend the Code of Laws of South Carolina, 1976, by adding Article 11 to Chapter 6, Title 44 to enact the "Healthy Communities Capacity Act" so as to establish the Small Business Health Insurance Premium Assistance Program within the Department of Health and Human Services to provide health insurance premium assistance to small businesses for employees who are at or under two hundred percent of the federal poverty level, to establish eligibility criteria for small businesses to participate in the Program, to require eligible employees to contribute up to fifteen percent of the premium cost, to require the Department to place caps on the number of employees that may enroll in the program so that no more funds are expended than are available for this program from the Medicaid Match Fund, to provide that this Program must be funded from a portion of an additional 4.65 cents per cigarette license tax which must be adjusted annually based on the consumer price index, and to direct the Department to apply for a medicaid waiver to implement this Program; to provide that the Department shall provide medicaid coverage to children eighteen years of age and younger whose family incomes do not exceed two hundred percent of the federal poverty level; to create the Medicaid Match Fund into which a portion of the additional cigarette tax must be deposited; by adding § 12‑21‑640 so as to provide for an additional 4.65 cent license tax on each cigarette to fund the Small Business Health Insurance Premium Program and to provide for the distribution of the remaining portion of this additional tax to the Department of Health and Environmental Control, the Parks and Recreation Development Fund, the State Department of Education, and the Department of Agriculture; and by adding Article 9 to Chapter 6, Title 44 so as to establish the Second Chance Quit Assistance Program within the Department of Health and Human Services to provide additional counseling to expanded smoking cessation services for medicaid smokers who have unsuccessfully attempted to quit smoking under current medicaid programs, to direct the Department to apply for a medicaid waiver for this Program, to provide that funding for this Program must be provided from the Medicaid Match Fund, and to provide that funding for the Small Business Health Insurance Premium Assistance Program takes priority over the Second Chance Quit Assistance Program. Referred to Committee on Labor, Commerce and Industry.

Health Facility Licensure Act. H. 3205 (Companion/Similar S. 119) Rep. Toole: A bill to amend § 44‑7‑110, Code of Laws of South Carolina, 1976, relating to the short title of Article 3, Chapter 7, Title 44, to amend § 44‑7‑120, relating to the purpose of this Article, to amend § 44‑7‑130, relating to definitions in this Article, to amend § 44‑7‑140, relating to duties of the Department of Health and Environmental Control to administer the Certificate of Need Program and health facility licensure, to amend § 44‑7‑150, relating to duties of the Department, and to amend § 44‑7‑170, as amended, relating to facilities to which this Article applies, all so as to delete provisions relating to the Certificate of Need Program, thereby abolishing the Certificate of Need Program; and to repeal §§ 44‑7‑160, 44‑7‑180, 44‑7‑185, 44‑7‑190, 44‑7‑200, 44‑7‑210, 44‑7‑220, 44‑7‑230, and 44‑7‑240 all relating to the Certificate of Need Program and powers and procedures of the Department of Health and Environmental Control relative to the Certificate of Need Program. Referred to Committee on Medical, Military, Public and Municipal Affairs.

Hospital Fees. S. 74 Senator Ford: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 44‑7‑55 so as to prohibit hospitals from charging uninsured patients fees in excess of the maximum fees charged to insured patients for the same services. Referred to the Committee on Medical Affairs.

Licensure of In-Home Care Provider Act. H. 3186 Rep. Chalk: A bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 70 to Title 44 so as to create the Licensure of In-Home Care Provider Act, to provide certain definitions; to provide an in-home care provider must apply for and obtain a license issued by the Department of Health and Environmental Control; to provide the Department shall promulgate regulations for the licensure of an in-home care provider, including specific regulations; to provide specific features of an in-home care provider license; and to provide a fee established by this Chapter must be remitted to the Department in a separate and distinct account and exclusively must be used to support activities pursuant to this Chapter. Referred to Committee on Medical, Military, Public and Municipal Affairs.

Manslaughter. H. 3029 Rep. Kirsh: A bill to amend § 44‑53‑375, as amended, Code of Laws of South Carolina, 1976, relating to the possession, distribution, manufacture, and trafficking of methamphetamine or cocaine base, so as to provide that a person may be charged with manslaughter if the distribution or trafficking in the drug causes the death of the user and to provide for an increase in the sentence if a person under the age of eighteen is endangered or a law enforcement officer is injured by one of the hazards related to the manufacture of the drug. Referred to Committee on Judiciary.

Nursing Homes. H. 3064 Rep. Hart: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 44‑7‑263 so as to require a nursing home to carry a minimum of a one hundred thousand dollars liability insurance policy. Referred to Committee on Labor, Commerce and Industry.

Personal Training Services. H. 3193 Rep. Huggins: A bill to amend § 44‑79‑30, Code of Laws of South Carolina, 1976, relating to credit contract requirements for physical fitness services, so as to provide a contract is not required for certain personal training services rendered on an hourly basis unless part of a package of one thousand dollars or more. Referred to Committee on Medical, Military, Public and Municipal Affairs.

Physical Fitness Services Act. H. 3158 Rep. Whipper: A bill to amend Chapter 79 of Title 44, as amended, Code of Laws of South Carolina, 1976, the "Physical Fitness Services Act", so as to delete a tanning center and martial arts studio from its applicability, provide for permanent closure of a subject facility as an event allowing cancellation of a contract, define "permanent closure", provide for return of unearned payments and any evidence of indebtedness to the canceling customer, that a subject contract must not be sold or assigned without the customer's consent or require a customer to affirmatively cancel the contract to stop automatic renewal, that a contract may be on a month-to-month basis and may be paid for by automatic debits subject to certain limitations, that a subject contract is voidable by the customer if the facility fails to obtain the requisite certificate of authority, and that the provisions are enforceable by the Department of Consumer Affairs and the Attorney General. Referred to Committee on Medical, Military, Public and Municipal Affairs.

Radiologic Technologists. S. 36 Senator Ford: A bill to amend §§ 44‑74‑20 and 44‑74‑30, Code of Laws of South Carolina, 1976, both relating to the certification and scope of practice of radiologic technologists, so as to also provide for the certification and scope of practice of radiologist assistants; to amend § 44‑74‑40, relating to qualifications to be certified as a radiologic technologist, so as to also provide qualifications for an initial certification as a radiologist assistant and for licensure as a radiologist assistant; and to amend § 44‑74‑60, relating to the South Carolina Radiation Quality Standards Association Board, its members, powers, and duties, so as to provide for two radiologist assistant members on the board, to provide that members must be appointed by the director of the Department of Health and Environmental Control upon the recommendation of enumerated radiologic health professional organizations, and to provide that members shall serve terms of four years. Referred to the Committee on Medical Affairs.

Residential Care Facilities. H. 3115 Rep. Kirsh: A bill to amend § 44‑7‑350, Code of Laws of South Carolina, 1976, relating to community residential care facilities, so as to provide that the Department of Health and Environmental Control may not remove a resident from such a facility if the resident, the resident's family, the resident's physician, and the facility agree to the resident's continued stay and the facility is capable of providing or obtaining necessary services for the resident. Referred to Committee on Medical, Military, Public and Municipal Affairs.

Retail Food Establishments. H. 3184 Rep. Viers: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 44‑1‑147 so as to require a retail food establishment semi-annually screen its employees to determine if an employee has a communicable disease that can be transmitted by food or carries an organism that causes a communicable disease that can be carried by food, may not employ such a person in a manner in which there is a likelihood of the person contaminating food or food-contact surfaces with pathogenic organisms or transmitting a communicable disease to other people, and to maintain documentation of its employee screening results for a period of five years; to amend § 45‑4‑40, relating to standards for food products and hygiene practices for innkeepers and employees, so as to provide an innkeeper semi-annually must screen his employees and himself to determine if an employee or he has a communicable disease that can be transmitted by food or carries an organism that causes a communicable disease that can be carried by food, may not employ such a person in a manner in which there is a likelihood of the person contaminating food or food-contact surfaces with pathogenic organisms or transmitting a communicable disease to other people or act in such a manner himself, and shall maintain documentation of its employee screening results for a period of five years. Referred to Committee on Medical, Military, Public and Municipal Affairs.

Smoking. H. 3091 Rep. King: A bill to amend § 44‑95‑20, Code of Laws of South Carolina, 1976, relating to places where smoking is prohibited, so as to provide smoking is prohibited in restaurants and places licensed to sell alcoholic beverages for on-premises consumption; and to amend § 44‑95‑50, relating to penalty for violation of smoking restrictions, so as to provide a civil penalty for a violation. Referred to Committee on Judiciary.

Smoking. H. 3113 (Companion/Similar S. 38) Rep. Rutherford: A bill to amend Chapter 95 of Title 44, Code of Laws of South Carolina, 1976, relating to the "Clean Indoor Air Act of 1990", so as to extend the smoking prohibition provided for in the act to restaurants, bars, lounge areas, and recreational facilities; to specify that smoking is permitted in private homes and automobiles, home-based businesses, private functions in indoor areas, hotel rooms designated as smoking rooms, specialty tobacco stores, tobacco manufacturers, cigar bars, and private clubs and to provide that a proprietor of an establishment has the right to prohibit smoking in his establishment which would otherwise be permitted by this chapter; to provide that the posting of designated smoking area signs is not required for private homes and automobiles or home-based businesses and to provide an exception; to delete the maximum criminal penalty from a fine of twenty-five dollars and to provide a minimum criminal penalty of a fine of not less than fifty dollars; to provide that a person smoking in a restaurant, bar, or lounge must be asked to extinguish all lighted tobacco products and if the person refuses to do so, the person must be asked to leave the premises; to prohibit a person or employer from retaliating against another person or an employee or customer for filing a complaint for or seeking prosecution of a violation of this Chapter; and to provide that the clean indoor air act must not be construed to permit smoking where it is otherwise prohibited by regulation of a state or local agency, including a local ordinance. Referred to Committee on Judiciary.

Tattoos. S. 188 Senators McConnell and Ford: A bill to amend § 44‑34‑60 and § 44‑34‑100, Code of Laws of South Carolina, 1976, relating to age restrictions on tattooing, so as to provide that persons eighteen or older are eligible to receive a tattoo. Referred to the Committee on Medical Affairs.

Trans Fat. S. 46 Senator Ford: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 44‑1‑142 so as to prohibit retail food establishments from preparing, serving, or otherwise providing food containing trans fats, to require the Department of Health and Environmental Control to ascertain the use of trans fats when inspecting retail food establishments, and to provide a civil fine for violations. Referred to the Committee on Medical Affairs.

Trans Fat. S. 50 Senator Ford: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 44‑1‑143 so as to define a retail food establishment, to require a retail food establishment that sells food containing trans fat or cooked in trans fat must provide certain conspicuous warnings that the food contains trans fat or was cooked in trans fat, to provide the department of health and environmental control may adopt rules and regulations regarding these warnings; and to provide a penalty for a violation. Referred to the Committee on Medical Affairs.

Wastewater Treatment. H. 3114 Rep. Kirsh: A bill to amend the Code of Laws of South Carolina, 1976, by adding Article 25 to Chapter 55, Title 44 so as to prohibit wastewater treatment sludge generated outside of this state to be disposed of in this state. Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

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Highways, Bridges & Ferries

Coach Aaron Manigault. H. 3144 Rep. Hosey: A concurrent resolution to request the Department of Transportation to name the portion of South Carolina Highway 125 under state jurisdiction from its intersection with South Carolina Highway 3 in Allendale County to its intersection with the United States Department of Energy's Savannah River site's boundary near the town of Jackson in Aiken county the "Coach Aaron Manigault Memorial Highway" and erect appropriate markers or signs along this portion of highway that contain the words "Coach Aaron Manigault Memorial Highway". Referred to Committee on Invitations and Memorial Resolutions.

 Department of Transportation. S. 222 Senator Grooms: A bill to amend § 57‑1‑360 of the 1976 Code, relating to the Department of Transportation's chief internal auditor, to provide that a certified internal auditor may serve as chief internal auditor and to clarify that the chief internal auditor is responsible for supervising personnel in the chief internal auditor's office; and to amend § 57‑1‑370, to provide that the Secretary of Transportation must approve certain projects before work may begin, to provide that the Secretary must certify that the projects must be approved based upon objective and quantifiable factors, and to provide that the Secretary must make a monthly report to the commission concerning the approvals he makes pursuant to this Section. Referred to the Committee on Transportation.

Highway Naming. H. 3084 Rep. Toole: A bill to amend § 57‑3‑610, Code of Laws of South Carolina, 1976, relating to the naming of a highway facility in honor of an individual, so as to provide that unless the highway facility is dedicated and named in honor of either a serviceman or law enforcement officer killed in the line of duty, public funds may not be used to reimburse the Department of Transportation for the expenses it incurs to name and dedicate the highway facility. Referred to Committee on Education and Public Works.

State Highway System. S. 103 Senator Grooms: A bill to amend § 57‑5‑10 of the 1976 Code, relating to the general composition of the state highway system, to provide that all highways in the state highway system must be built according to state standards; to amend § 57‑5‑70, relating to additions to the state highway secondary system, to allow the Department of Transportation to add county and municipal roads to the state highway system when necessary for the interconnectivity of the state highway system; to amend § 57‑5‑80, relating to the deletion and removal of roads from the state highway secondary system, to provide for the removal of roads from the state highway system when a county, municipality, school, or other governmental agency agrees to accept the road into its own highway system; and to repeal § 57‑5‑90, relating to belt lines and spurs. Referred to the Committee on Transportation.

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Hotels, Motels, Restaurants & Boardinghouses

Lodging Establishment Act. S. 39 (Companion/Similar S. 40, S. 73, S. 75, S. 76) Senator Ford: A bill to amend §§ 45‑2‑20, 45‑2‑30, and 45‑2‑60, Code of Laws of South Carolina, 1976, relating to prohibiting discrimination pursuant to the Lodging Establishment Act, concerning hotels and other sleeping accommodations, because of race, creed, color, national origin, gender, disability, or marital status, so as to also prohibit such discrimination because of sexual orientation or gender identity and to define "sexual orientation" and "gender identity"; and to amend § 45‑9‑10, relating to prohibiting discrimination in the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation because of race, color, religion, or national origin, so as to prohibit such discrimination because of sexual orientation or gender identity and to define "sexual orientation" and "gender identity". Referred to the Committee on Labor, Commerce and Industry.

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House Rules

Ad Hoc Committee. H. 3069 Rep. Merrill: A House resolution to amend the Rules of the House of Representatives by adding Rule 4.20 so as to provide that the ad hoc committee created by the Speaker or by resolution of the House of Representatives may sponsor legislation which is within the subject matter jurisdiction of the ad hoc committee to study and upon which a report is made. Referred to Committee on Rules.

Bill or Joint Resolution. H. 3072 Rep. Kirsh: A House Resolution to amend Rule 4.19 of the Rules of the House of Representatives, relating to a summary of a bill or resolution, so as to require that a summary of a bill or joint resolution must be prepared and printed with the bill or joint resolution when it is reported out of a committee of the House of Representatives. Referred to Committee on Rules.

Conference Committee. H. 3070 Rep. Merrill: A House Resolution to amend Rule 1.9 of the Rules of the House of Representatives, relating to the appointment of committees by the Speaker, so as to provide that a committee of conference or free conference must be appointed by the Speaker, Speaker Pro Tempore, and the Chairman of the committee that considered the bill referred to the committee of conference or free conference. Referred to Committee on Rules.

Roll Call Votes. H. 3138 Reps. Haley and Ballentine: A house resolution to amend Rule 5.3 of the Rules of the House of Representatives, relating general and supplemental appropriations bills, so as to require the Annual General Appropriations Bill to be considered section-by-section with a required roll call vote on the question of second reading; to amend Rule 5.19, relating to the limitations on members speaking on the main question of a bill or resolution, so as to require a roll call vote when the pending question is the adoption of a conference or free conference report; and to amend Rule 7.2, relating to taking a roll call vote on second or third reading for certain specific matters, so as to require an electronic roll call vote must be used pursuant to the provisions of Rule 7.3 and these roll call votes must be recorded by name on second and third reading in the journal and delete a procedure for recording a member's vote when that member has not been granted leave. Referred to Committee on Rules.

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Housing & Development

S.C. Fair Housing Law. S. 75 (Companion/Similar S. 39, S. 40, S. 73, S. 76) Senator Ford: A bill to amend §§ 31‑21‑30, 31‑21‑40, 31‑21‑50, 31‑21‑60, and 31‑21‑70, Code of Laws of South Carolina, 1976, all relating to prohibiting discrimination pursuant to the South Carolina Lair Housing Law, concerning the buying, selling, or renting of dwellings, because of race, color, religion, sex, handicap, familial status, or national origin, so as to also prohibit such discrimination because of sexual orientation or gender identity and to define "sexual orientation" and "gender identity". Referred to the Committee on Labor, Commerce and Industry.

Federal Defense Facilities Development Law. S. 92 Senator Ford: A bill to amend § 31‑12‑30, Code of Laws of South Carolina, 1976, relating to definitions in connection with the Federal Defense Facilities Redevelopment Law, so as to provide for a municipality as a part of the "area of operation" entitled to representation on a redevelopment authority; to amend § 31‑12‑40, relating to the creation of a Redevelopment Authority, so as to provide for the membership composition of a Redevelopment Authority controlling property within a federally defined metropolitan statistical area (MSA) lying within the boundaries of a municipality, to require restructuring of a noncomplying authority, to provide that a newly created or restructured authority is a creation of the municipality and not the state, to confer upon the new or restructured authority all the separate and distinct powers of other redevelopment authorities, to provide that the new or restructured entity is not a state agency for, among other things, purposes of leasing of, acquisition of title to, and other transactions involving real property and compliance with the Consolidated Procurement Code, and to require the new or restructured authority to indemnify the state against losses arising out of its transactions or its liabilities; to amend §§ 31‑12‑50 and 31‑12‑100, relating to membership terms and dissolution of a redevelopment authority, respectively, both so as to conform them to changes in § 31‑12‑40; to amend § 31‑12‑210, relating to issuance of obligations and disposition of funds by a municipality, so as to include in the time limit fifteen years from the date the authority is restructured and ceases to be a creation of the state; to amend § 31‑12‑300, relating to certification of the assessed value of the taxable property in a project area and determination of percentages representing each taxing district, so as to provide that the value be determined as of the authority's original creation or the date the properties were scheduled for disposal, without regard to restructuring; to amend§ 61‑4‑510, as amended, relating to distribution of fees from beer and wine permits, so as to provide for a special fund to support a Federal Defense Facilities Redevelopment Authority; and to provide for transitional operation of an existing federal defense  Referred to the Committee on Labor, Commerce and Industry.

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Insurance

Automobile Insurance. S. 114 Senator Knotts: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 38‑77‑360 so as to require the insurance company of the at-fault driver involved in an auto accident where there is property damage to a vehicle other than that of the at-fault driver to make the payment on the claim for property damage to that vehicle to the lienholder and owner of the damaged vehicle when the vehicle is not totaled as determined by the company. Referred to the Committee on Banking and Insurance.

HealthNet Program Act. S. 201 Senator Thomas: A bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 60 to Title 38 so as to enact the "South Carolina HealthNet Program"; to provide for the creation of a five-year pilot program to promote the availability of health insurance coverage to employees regardless of health status or claims experience, prevent abusive rating practices and require disclosure of rating practices to purchasers, establish rules regarding renewal of coverage, limitations on the use of preexisting conditions exclusions, assure fair access to health plans and improve overall fairness and efficiency of the group health insurance market; to provide for definitions; to provide for the composition and authority of the Board of Directors; to provide fair marketing standards; to provide for the establishment of criteria for plan administration in the plan of operation; to provide for rates; to provide for provider participation; to provide for the applicability and scope of the Chapter; to provide that health insurers shall offer and market plans developed by the South Carolina HealthNet Program who are eligible; to provide for health benefit plan standards and provide an exception; to provide for eligibility standards; to provide for termination and nonrenewal of coverage; to provide for loss data to be reported to the program; and to authorize the Director of the State Department of Insurance to promulgate regulations to implement the provisions of Chapter 60, Title 38 added by this Act. Referred to the Committee on Banking and Insurance.

Insurance. H. 3141 Rep. Whipper: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 38‑55‑175 so as to require liability or casualty insurance coverage disclosures to a claimant or his authorized representative if the request is made in writing, and to provide for procedures required for these disclosures. Referred to Committee on Labor, Commerce and Industry.

Insurance. S. 202 Senator Thomas: A bill to amend § 38‑1‑20, as amended, Code of Laws of South Carolina, 1976, relating to definitions used in Title 38 relating to the Department of Insurance, so as to amend the definition of "admitted assets" to include those on the insurer's most recent statutory financial statement filed with the Department of Insurance pursuant to the provisions of § 38‑13‑80 instead of those admitted under the provisions of § 38‑11‑100; to amend section 38-9-10, relating to capital and surplus required of stock insurers, so as to change the marketable securities that may be required by the director of insurance; to amend § 38‑9‑20, relating to the surplus required of mutual insurers, so as to change the marketable securities which may be required by the Director of Insurance; to amend § 38‑9‑210, relating to the reduction from liability for the reinsurance ceded by a domestic insurer, so as to change the securities listed that qualify as security; to amend § 38‑10‑40, relating to the protected cell assets of a protected cell, so as to change a code reference; to amend § 38‑33‑130, relating to the security deposit of a health maintenance organization, so as to delete the requirement that a health maintenance organization shall issue a conversion policy to an enrollee upon the termination of the organization; and to amend § 38‑55‑80, relating to loans to directors or officers by an insurer, so as to change a code reference. Referred to the Committee on Banking and Insurance.

Medical Malpractice Insurance. S. 168 Senator Cleary: A bill to amend § 38‑79‑30, Code of Laws of South Carolina, 1976, relating to medical malpractice insurance so as to provide that a licensed health care provider who renders medical services voluntarily and without compensation, and seeks no reimbursement from charitable and governmental sources, and provides notice to the patient or patient's provider in a non-emergency, is not liable for any civil damages for any act or omission unless the act or omission was the result of the health care provider's gross negligence or willful misconduct. Referred to the Committee on Banking and Insurance.

Motor Vehicle Insurance. H. 3038 Rep. Kirsh: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 38‑77‑215 so as to prohibit the awarding of damages in favor of a person who is injured while operating his motor vehicle if his injuries resulted from his operation of the vehicle and if he did not have in effect for that vehicle the financial security required by the laws of this state at the time the injury occurred. Referred to Committee on Judiciary.

Pharmacy Patient Protection Act. H. 3063 Rep. Spires: A bill to amend the Code of Laws of South Carolina, 1976, by adding Article 18 to Chapter 71, Title 38 so as to enact the "Pharmacy Patient Protection Act", to provide for the licensure and registration of pharmacy benefit managers, provide for the requirements of a certificate of registration, and provide for the conditions under which a prescription benefits manager shall operate; to require certain financial and utilization information be made available for review; to provide requirements for record keeping; to provide for pricing guidelines that must be used; to provide that a pharmacy benefits manager may not discriminate when contracting with pharmacies on the basis of co-payments or days of supply; and to authorize the director of the Department of Insurance to make rules and promulgate regulations to implement this article. Referred to Committee on Medical, Military, Public and Municipal Affairs.

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Labor & Employment

Labor Union. S. 53 Senator Ford: A bill to repeal Chapter 7, Title 41, Code of Laws of South Carolina, 1976, relating to a person's right to work regardless of membership or nonmembership in an organization or labor union. Referred to the Committee on Labor, Commerce and Industry.

Minimum Wage. S. 28 Senator Jackson: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 41‑10‑35 so as to provide that the minimum wage in this state is the greater value of either six dollars and fifteen cents or the minimum wage set by the Fair Labor Standards Act; to amend § 6‑1‑130, relating to the scope of authority to set minimum wage, so as to provide that a political subdivision of this state may not require a minimum wage that exceeds the one provided in § 41‑10‑35; to amend § 41‑21‑70, relating to terms of apprenticeship agreements, so as to provide that an apprentice must be paid the minimum wage provided in § 41‑10‑35; to amend § 44‑22‑160, relating to therapeutic patient employment, so as to provide that a patient employee must be paid the minimum wage provided in 41‑10‑35; and to amend §§ 53‑1‑100 and 53‑1‑110, relating to Sunday work in machine shops and Sunday work in manufacturing or finishing of textile products, respectively, both so as to provide that Sunday work must be compensated at a rate no less than the minimum wage provided in § 41‑10‑35. Referred to the Committee on Labor, Commerce and Industry.

Tax Research Commission. S. 182 Senators Setzler and Sheheen: A bill to amend Chapter 41, Title 2 of the 1976 Code to dissolve the Joint Committee on Taxation and establish a permanent Tax Research Commission, to provide for the composition, appointment, and term of office of the members of the Commission, to establish the duties and responsibilities of the Commission, to require the completion and delivery of a report on sales tax exemptions not later than December 15, 2009, and to direct that the statutory changes recommended in the report shall become effective July 1, 2010, unless disapproved by a joint resolution. Prefiled and referred to the Committee on Finance.

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Law Enforcement & Public Safety

Department of Natural Resources. H. 3004 Reps. Cooper, White, M. A. Pitts, Harrell, Horne, Huggins, Sottile, Sandifer, Cato, Gambrell, Loftis, Bedingfield, Allison, Owens, J. R. Smith, Rice, Parker, Brady, Spires, Toole, Stringer, G. M. Smith, Kelly, Hardwick, Littlejohn, G. R. Smith and Willis: A bill to amend the Code of Laws of South Carolina, 1976, by adding Article 7 to Chapter 6, Title 23 so as to create the Natural Resources Enforcement Division within the Department of Public Safety and to transfer to the Division certain powers and assets from the Department of Natural Resources, among other things; to amend § 23‑6‑20, relating to the divisions comprising the Department of Public Safety, so as to add the Natural Resources Enforcement Division; to amend § 23‑6‑30, relating to the duties and powers of the Department of Public Safety, so as to include powers to enforce certain laws related to natural resources; and to repeal §§ 50‑3‑110 relating to the supervision of Department of Natural Resources enforcement officers; 50‑3‑120 relating to designation of wildlife law enforcement personnel as law enforcement officers; 50‑3‑130 relating to uniforms and emblems of Department of Natural Resources enforcement officers; 50‑3‑140 relating to publication of description of enforcement officers' uniforms and emblems; 50‑3‑150 relating to use of present uniforms and motor vehicles during and after transfer; 50‑3‑160 relating to injunctions; 50‑3‑310 relating to the appointment and removal of enforcement officers; 50‑3‑315 relating to deputy enforcement officers; 50‑3‑316 relating to criteria for hiring enforcement officers; 50‑3‑320 relating to transmittal and delivery of commissions of enforcement officers; 50‑3‑330 relating to oaths and bonds for enforcement officers; 50‑3‑340 relating to statewide power of enforcement officers; 50‑3‑350 relating to official badge of enforcement officers; 50‑3‑360 relating to additional deputy enforcement officers for Game Zone 2; 50‑3‑370 relating to duty of enforcement officers to check bag limits and investigate violations; 50‑3‑380 relating to search and seizure of game and fish obtained unlawfully; 50‑3‑390 relating to duty of enforcement officers to enforce laws and prosecute violations; 50‑3‑395 relating to power of enforcement officers to issue warning tickets; 50‑3‑396 relating to use of enforcement officers' official summons of littering violations; 50‑3‑400 relating to grant of constable and inspector powers to enforcement officers; 50‑3‑410 relating to arrest procedures and bail; and 50‑3‑420 relating to immunity from certain prosecution. Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

Fireworks. S. 183 Senator McConnell: A bill to amend Chapter 35, Title 23, Code of Laws of South Carolina, 1976, relating to fireworks and explosives, by adding § 23‑35‑180 so as to permit a local governing body to regulate the discharge of fireworks. Referred to the Committee on Judiciary.

Law Enforcement. S. 96 Senator Ford: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 23‑1‑235 so as to provide that agencies which employ law enforcement officers to enforce the traffic laws of this state must collect and maintain certain data relating to vehicle traffic enforcement including, but not limited to, the race or ethnicity of the driver stopped; and to repeal § 23‑1‑235 relating to the collection and maintenance of certain data relating to vehicle traffic enforcement by law enforcement officers. Referred to the Committee on Judiciary.

Missing Person Information Center. S. 189 Senator McConnell: A bill to amend § 23‑3‑210, Code of Laws of South Carolina, 1976, related to the missing person information center, so as to change the definition of "missing child" and "missing person". Referred to the Committee on Judiciary.

Sex Offenders. H. 3027 Rep. Kirsh: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 23‑3‑560 so as to prohibit a registered sex offender from living within a one-mile radius of a school and to provide a penalty. Referred to Committee on Judiciary.

Sex Offenders. H. 3087 Rep. Brady: A bill to amend § 23‑3‑535, Code of Laws of South Carolina, 1976, relating to limitations on places of residence for sex offenders, so as to provide that a local government may not enact an ordinance that expands or contracts the boundaries of the areas in which a sex offender may or may not reside that are contained in this section. Referred to Committee on Judiciary.

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Local Government

Barnwell County School District Board of Trustees. H. 3108 Rep. Hosey: A bill to amend Act 201 of 1993, relating to payment for services rendered by members of the Williston School District 29 Board of Trustees in Barnwell County, so as to delete the provision that no more than twelve special meetings may be held in one calendar year. Referred to Committee on Education and Public Works.

Coosaw Pointe. H. 3061 Rep. A. D. Young: A bill to designate a certain portion of Dorchester County as Coosaw Pointe, and to request the South Carolina Department of Transportation to erect signs indicating this area designated as Coosaw Pointe. Referred to Committee on Education and Public Works.

Countywide Toll-Free Calling. H. 3079 Rep. Kirsh: A bill to provide that the Public Service Commission shall require countywide toll-free calling to be provided by all telephone utilities operating within York County by July 1, 2009, and provide for related matters. Referred to Committee on Labor, Commerce and Industry.

Local Government Fees. H. 3088 Rep. R. L. Brown: A bill to amend § 6‑1‑330, Code of Laws of South Carolina, 1976, relating to limitations on fees imposed by local governments, so as to provide a local government may not impose a fee on agricultural, forest, or undeveloped lands for a stormwater, sediment, or erosion control program except in specific circumstances, and to provide a place, structure, or building primarily used as a place of worship is exempt from a fee imposed by a local government for a stormwater, sediment, or erosion control program. Referred to Committee on Ways and Means.

State Legal Holidays. S. 71 Senator Ford: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 6‑1‑135 so as to require all political subdivisions of the state receiving any state funds to observe state legal holidays, to provide that payment of state funds otherwise due a political subdivision must be suspended if a political subdivision fails to observe all state legal holidays, and to define "political subdivision". Referred to the Committee on Judiciary.

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Magistrates & Constables

Execution of Warrants. S. 118 Senator Knotts: A bill to amend § 22‑5‑190, Code of Laws of South Carolina, 1976, relating to endorsement and execution of warrants issued in other counties or by municipal authorities, so as to provide a warrant is not required to be endorsed by a magistrate in the county where a person charged with a crime resides or where he is located, to provide procedures for serving a warrant, and to make conforming changes. Referred to the Committee on Judiciary.

Magistrates. S. 137 Senator Sheheen: A bill to amend § 22‑1‑10 of the 1976 Code, relating to the appointment, term, and territorial jurisdiction of magistrates, to provide that the Supreme Court must provide the Governor with nominees to fill magistrate vacancies; and to amend § 22‑2‑10 to provide that the Supreme Court may appoint a screening committee to assist in their selection of nominees. Referred to the Committee on Judiciary.

Magistrates Court. S. 200 Senator Campsen: A bill to amend § 22‑3‑10, Code of Laws of South Carolina, 1976, relating to the civil jurisdiction of the Magistrates Court, so as to increase the civil jurisdiction from seven thousand five hundred dollars to ten thousand dollars and to require that, except for landlord and tenant cases, any case with an amount in controversy equaling or exceeding five thousand dollars must be ordered for mandatory mediation in accordance with procedures established by the South Carolina Supreme Court. Referred to the Committee on Judiciary.

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Military, Civil Defense & Veteran Affairs

Adjutant General. S. 225 Senator Knotts: A bill to amend § 25‑3‑10, Code of Laws of South Carolina, 1976, relating to the establishment of the South Carolina State Guard, so as to authorize the Adjutant General to establish an emergency air wing within the State Guard and provide for the organization and duties of the emergency air wing and for the liability of airplanes used by volunteer participants in the emergency air wing; to amend § 15‑78‑60, as amended, relating to exceptions to liability under the Tort Claims Act, so as to provide that the use of any vehicle or airplane operated for training or duty by the emergency air wing of the State Guard shall convey liability upon the South Carolina National Guard, South Carolina State Guard, or State of South Carolina only after the required liability insurance on the vehicle or airplane has been fully applied; and to amend § 42‑7‑50, relating to political subdivisions and other entities which may participate in the Workers' Compensation Insurance Program, so as to provide that recovery of workers' compensation benefits by members of the emergency air wing of the South Carolina State Guard shall be payable from the General Fund of the State of South Carolina.  Referred to the General Committee.

Homeless Veterans. S. 86 Senator Ford: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 25‑11‑110 so as to give preference to homeless veterans at all shelters funded in whole or in part by public funds. Referred to the General Committee.

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Mortgages & Other Liens

Landscape Service. H. 3187 Rep. Chalk: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 29‑5‑26 so as to define the term "landscape service" and to provide that a person who provides a landscape service on a parcel or real estate by virtue of an agreement with the owner of the real estate, and to whom a debt is due for his performance of the landscaping service, has a mechanics' lien on the real estate to secure payment of debt due to him. Referred to Committee on Labor, Commerce and Industry.

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Motor Vehicles

Ambulances. H. 3094 (Companion/Similar S. 117) Rep. Littlejohn: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 56‑5‑4975 so as to provide that it is unlawful to operate a vehicle that is no longer permitted and licensed as an ambulance unless the vehicle's exterior equipment and markings that distinguish it as an ambulance are removed under certain circumstance and to provide a penalty. Referred to Committee on Education and Public Works.

Ambulances. S. 117 (Companion/Similar H. 3094) Senator Knotts: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 56‑5‑4975 so as to provide that it is unlawful to operate a vehicle that is no longer permitted and licensed as an ambulance unless the vehicle's exterior equipment and markings that distinguish it as an ambulance are removed under certain circumstance and to provide a penalty. Referred to the Committee on Transportation.

Beginner’s Permit. S. 178 Senator Massey: A bill to amend § 56‑1‑50 of the 1976 Code, relating to a beginner's permit, to delete the Department of Motor Vehicles' authority to renew a beginner's permit. Referred to the Committee on Transportation.

Cell Phones. H. 3083 Rep. Hart: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 56‑1‑55 so as to provide that it is unlawful for a person to operate a motor vehicle while using a cellular telephone, pager, personal digital assistant device, or another wireless communications device that is not equipped with a hands-free mechanism, and to provide a penalty for a violation of this provision. Referred to Committee on Education and Public Works.

Department of Transportation Commission. S. 205 Senator Peeler: A joint resolution to abolish the Department of Transportation Commission and devolve all of its responsibilities, powers, and duties to the Secretary of the Department of Transportation. Referred to the Committee on Transportation.

Driver’s Licenses. S. 141 Senator Lourie: A bill to amend §§ 56‑1‑175 and 56‑1‑180, Code of Laws of South Carolina, 1976, relating to the issuance of a conditional driver's license and special restricted driver's license by the Department of Motor Vehicles, so as to provide that after December 31, 2009, a person who is issued one of these forms of driver's licenses must have successfully completed a teen defensive driving course that is approved by the Department of Public Safety. Referred to the Committee on Transportation.

Driver’s License Suspension. H. 3085 Rep. Kirsh: A bill to amend §§ 56‑1‑745 and 56‑1‑746, as amended, Code of Laws of South Carolina, 1976, relating to driver's license suspension due to a conviction of a controlled substance violation and underage purchase and possession of alcohol offenses, so as to provide that if a person is accepted into a pretrial intervention program for either offense, the person's driver's license must be suspended. Referred to Committee on Judiciary.

Driving Without a License. S. 192 Senator McConnell: A bill to amend § 56‑1‑440, Code of Laws of South Carolina, 1976, related to penalties for driving without a license, so as to provide that a person who drives a motor vehicle without a license, and when driving causes great bodily injury or death to another person is guilty of a felony and to provide penalties; and to amend § 56‑1‑460, Code of Laws of South Carolina, 1976, related to penalties for driving while a license is cancelled, suspended or revoked, so as to provide that a person who drives a motor vehicle when his license is canceled, suspended, or revoked , and when driving causes great bodily injury or death to another person is guilty of a felony and to provide penalties. Referred to the Committee on Judiciary.

Emergency Vehicles. H. 3152 Rep. G. M. Smith: A bill to amend § 56‑5‑2360, Code of Laws of South Carolina, 1976, relating to the operation of a motor vehicle that is approached by an authorized emergency vehicle making use of audible and visual signals, so as to provide instructions on how a driver of a motor vehicle that is approaching certain parked authorized emergency vehicles or police vehicles shall proceed, and to provide penalties for violations of this section. Referred to Committee on Judiciary.

Funeral Procession. S. 54 Senator Ford: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 56‑5‑850 so as to define the term "funeral procession", to provide for the duties of operators of vehicles in a funeral procession and not in a funeral procession and to provide for a criminal penalty for a violation of those duties. Referred to the Committee on Transportation.

Highway Beautification Pilot Project. S. 166 Senator Campsen: A joint resolution to authorize the Department of Transportation to design and implement a highway beautification pilot project to reduce the number of nonconforming billboards throughout the state. Referred to the Committee on Transportation.

Junk Dealers. H. 3153 (Companion/Similar S. 184) Rep. Harrison: A bill to amend § 56‑5‑5670 and 56‑5‑5945, Code of Laws of South Carolina, 1976, relating to the duties of a demolisher who acquires a vehicle for the purpose of wrecking, dismantling, or demolition, so as to provide that this provision also applies to a demolisher who acquires parts of a vehicle with a total weight of twenty-five pounds or more for the purpose of wrecking, dismantling, or demolition, to provide that a demolisher must maintain in his records of all vehicle's he acquires a photocopy of the person's identification card from whom he acquired the vehicle along with the year, make, and identification number of the vehicle or any other identifying features, and to provide a penalty for violations of both provisions; to amend § 40‑27‑10, relating to certain records that a person who buys junk must maintain, so as to provide that for purchases of junk that consists of certain amounts of scrap metal or vehicle parts, the person must maintain in his records a photocopy of the seller's picture identification card; and to amend § 40‑27‑40, relating to penalties associated with the purchase of junk, so as to increase the penalty. Referred to Committee on Judiciary.

Motor Vehicle Fees. S. 13 Senator Leatherman: A bill to amend § 56‑3‑910 of the 1976 Code, relating to motor vehicle fees, to provide that fees be placed in the State Highway Account of the Transportation Infrastructure Bank instead of the Department of Transportation. Referred to the Committee on Transportation.

Motor Vehicle Hearing Office. H. 3161 Rep. Harrison: A bill to amend § 1‑23‑660, as amended, Code of Laws of South Carolina, 1976, relating to the Office of Motor Vehicle Hearings within the Administrative Law Court, so as to require the Office of Motor Vehicle Hearings to employ certain professional and support staff; and to amend § 56‑5‑2952, as amended, relating to the filing fee to request an administrative hearing, so as to increase the filing fee from one hundred fifty to two hundred fifty dollars and provide for the distribution of the filing fee funds collected. Referred to Committee on Judiciary.

Motor Vehicles. H. 3081 Rep. Hart: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 56‑15‑150 so as to provide that a manufacturer of a new motor vehicle that is sold or leased in this state which is equipped with an event data recorder or a sensing and diagnostic module shall disclose this information in the motor vehicle's owner's manual and on its window sticker, to provide that a company that rents a motor vehicle that is equipped with this device must disclose its existence in the company's rental agreement, to provide a definition for the term "recording device", to restrict the use of certain data obtained by a recording device, and to provide that if a vehicle is equipped with a recording device that is capable of recording or transmitting certain information and that capability is part of a subscription service, the fact that the information may be recorded or transmitted must be disclosed in the subscription service agreement. Referred to Committee on Labor, Commerce and Industry.

Office of Motor Vehicle Hearings. H. 3136 Rep. Harrison: A bill to amend § 56‑1‑286, as amended, Code of Laws of South Carolina, 1976, relating to the suspension of a driver's license or permit, or the denial of the issuance of a license or a permit to a person under the age of twenty-one who has operated a motor vehicle while under the influence of alcohol, so as to delete the term "administrative hearing" and replace it with the term "contested case hearing", and to provide that a contested case hearing must be conducted before the Office of Motor Vehicle Hearings pursuant to its rules of procedure; to amend § 56‑5‑2942, as amended, relating to the immobilization of a motor vehicle owned by a person who has been convicted of driving under the influence of alcohol or another illegal substance, so as to delete the provision that allows the Department of Motor Vehicles to conduct a hearing and receive testimony regarding the veracity of certain affidavits it receives regarding the release of an immobilized vehicle, provide that the Department may issue a determination permitting or denying the release of an immobilized vehicle based on certain affidavits, and to revise the procedure to obtain relief from a departmental determination that immobilizes a vehicle or denies the release of a vehicle; and to amend § 56‑5‑2951, as amended, relating to the suspension of a person's privilege to operate a motor vehicle, so as to delete the term "administrative hearing" and replace it with the term "contested case hearing", to delete the term "Department of Motor Vehicles" and replace it with the term "Office of Motor Vehicle Hearings" and to provide that a contested case hearing must be conducted before the Office of Motor Vehicle Hearings. Referred to Committee on Judiciary.

Passing School Busses. H. 3098 Rep. Cobb-Hunter: A bill to amend § 56‑5‑2780, Code of Laws of South Carolina, 1976, relating to penalties for unlawfully passing a stopped school bus, so as to provide that all fines imposed pursuant to this Section must be used to establish scholarships at the University of South Carolina School of Medicine and the Medical University of South Carolina to train medical students in the field of trauma medicine. Referred to Committee on Judiciary.

Police/Security Departments. S. 19 Senator Fair: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 59‑116‑45 so as to provide that every police/security department shall implement policies and procedures to govern their operations; to amend §§ 59‑116‑10, 59‑116‑20, 59‑116‑30, 59‑116‑50, 59‑116‑60, 59‑116‑80, 59‑116‑100, and 59‑116‑120, relating to the establishment, powers, and operation of campus security departments, so as to revise the definition of the terms "campus" and "campus police officer", and to define the term "campus security officer", to make technical changes, to revise the jurisdictional boundary of a constable and security officer, and to revise the markings that may appear on a campus police officer's vehicle and to provide for the use of campus unmarked vehicles; and to repeal § 59‑116‑70, relating to the posting of a bond by a campus police officer before the assumption of their duties. Referred to the Committee on Education.

Safety Belts. S. 180 Senator Massey: A bill to amend § 56‑5‑6540 of the 1976 Code, relating to safety belts, to provide that a violation of any safety belt provision is admissible as evidence in a civil action to establish comparative negligence under certain circumstances. Referred to the Committee on Transportation.

School Bus Drivers. H. 3105 Rep. Huggins: A bill to amend § 56‑5‑2770, Code of Laws of South Carolina, 1976, relating to meeting, overtaking, and passing a stopped school bus, so as to require a driver of a vehicle to stop before reaching a stopped school bus on school grounds in a designated loading or unloading area. Referred to Committee on Education and Public Works.

School Zones. H. 3086 Rep. Kirsh: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 56‑5‑2785 so as to provide that it is unlawful for a driver of a motor vehicle to fail to stop when signaled to stop by a road guard in a school zone, to provide that a violation of this provision is a misdemeanor and a violator may be fined and imprisoned, and to provide for the placement of signs in school zones that inform motorists of the hours a road guard is on duty and the penalty for failing to stop when a road guard signals a motorist to stop. Referred to Committee on Judiciary.

Seatbelts. S. 108 Senators Ryberg and Bryant: A bill to amend § 56‑5‑6540 of the 1976 Code to provide that failure to wear a seatbelt is admissible as evidence of failure to mitigate damages in a civil action. Referred to the Committee on Judiciary.

Smoking. H. 3023 Rep. M. A. Pitts: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 56‑5‑3910 so as to provide that it is unlawful for a driver or occupant of a motor vehicle to smoke a tobacco product when a minor under the age of eighteen is an occupant of the motor vehicle and to provide a penalty. Referred to Committee on Judiciary.

Smoking. H. 3082 Rep. Clyburn: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 56‑5‑3910 so as to provide that it is unlawful for a driver or occupant of a motor vehicle to smoke a tobacco product while a child of preschool age is also an occupant of the motor vehicle, and to provide a penalty. Referred to Committee on Judiciary.

Smoking. S. 23 Senator Jackson: A bill to amend Article 47, Chapter 5, Title 56, Code of Laws of South Carolina, 1976, relating to child passenger restraint systems, so as to delete the term "this article" and replace it with "Section 56‑5‑6410", and to provide that it is unlawful for a driver or occupant of a motor vehicle to smoke a tobacco product while a child who is less than ten years old is also an occupant of the motor vehicle, and to provide a penalty. Referred to the Committee on Transportation.

Special License Plates. H. 3134 (Companion/Similar S. 120) Rep. Bowers: A bill to amend § 56‑3‑9910, as amended, Code of Laws of South Carolina, 1976, relating to the issuance of gold star family special license plates, so as to reduce the fee for this special license plate. Referred to Committee on Education and Public Works.

Special License Plates. S. 18 Senator Elliott: A bill to amend the Code of Laws of South Carolina, 1976, by adding Article 108 to Chapter 3, Title 56 so as to provide for the issuance of Distinguished Service Medal special license plates. Referred to the Committee on Transportation.

Special License Plates. S. 120 (Companion/Similar H. 3134) Senator Knotts: A bill to amend § 56‑3‑9910, as amended, Code of Laws of South Carolina, 1976, relating to the Department of Motor Vehicles' issuance of gold star family special license plates, so as to provide that the fee for this special license plate is the Department's cost to produce it and to provide that the production of this license plate is exempt from the provisions contained in § 56‑3‑8000(b) and (c). Referred to the Committee on Transportation.

Special License Plates. S. 121 Senator Knotts: A bill to amend the Code of Laws of South Carolina, 1976, by adding Article 108 to Chapter 3, Title 56 so as to provide for the issuance of "second amendment" special license plates and provide the circumstances under which these license plates may be issued and to provide that a portion of the proceeds collected from the sale of this license plate must be distributed to the Criminal Justice Academy.
Referred to the Committee on Transportation.

Special License Plates. S. 199 Senator McConnell: A bill to amend Chapter 3, Title 56 of the Code of Laws of South Carolina, 1976, by adding provisions that would allow the Department of Motor Vehicles to issue historic automobile license plates for a motor vehicle or motorcycle that is twenty-five years of age or older. Referred to the Committee on Transportation.

Special License Tags. S. 126 Senator Sheheen: A bill to amend § 56‑3‑1910, Code of Laws of South Carolina, 1976, relating to the issuance of special license tags to certain handicapped persons, so as to define the term "handicapped", delete the term "license tag" and replace it with the term "license plate", and to revise the criteria for the issuance of the license plate; to amend § 56‑3‑1950, relating to the definition of the term "handicapped", and the requirement that a licensed physician shall certify that a person's total and permanent disability substantially impairs his ability to walk, so as to revise the definition of the term "handicapped" and to delete the provision relating to the certification of a person who is totally and permanently disabled; to amend § 56‑3‑960, relating to free parking for handicapped persons, and the issuance and display of handicapped license plates and placards, so as to delete the provision that provides for the issuance of handicapped license plates, and to revise the provisions regarding the content, issuance procedure, and display of handicapped placards; to amend § 56‑3‑1965, relating to municipalities designating parking spaces for handicapped persons, so as to revise the procedures that allow a handicapped person to park in metered or timed parking places without being subject to parking fees or fines; and to amend § 56‑3‑2010, relating to the issuance of personalized license plates, so as to provide that a person who also qualifies is qualified to receive this license plate and a handicapped license plate may be issued a personalized license plate that includes a decal that contains the international symbol of access. Referred to the Committee on Transportation.

Special Restricted Driver’s License. H. 3080 Rep. J. E. Smith: A bill to amend § 56‑1‑180, Code of Laws of South Carolina, 1976, relating to the issuance of a special restricted driver's license to certain minors by the Department of Motor Vehicles, so as to provide that the restrictions contained in this driver's license may be modified or waived by the Department if the restricted licensee proves that the restrictions interfere with travel between the licensee's home and religious sponsored events. Referred to Committee on Education and Public Works.

Vehicle Inspections. H. 3133 Rep. Jefferson: A bill to amend the Code of Laws of South Carolina, 1976, by adding Article 38 to Chapter 5, Title 56 so as to provide that the Department of Motor Vehicles shall require that certain vehicles must undergo an annual inspection, to provide a fee for the inspection, and to provide penalties for violations of this Article. Referred to Committee on Education and Public Works.

Vehicle Registration. S. 185 Senator McConnell: A bill to amend § 56‑3‑230, Code of Laws of South Carolina, 1976, relating to the Department of Motor Vehicles application for the registration and licensing of a vehicle, so as to provide that the application must include a valid copy of the owner's South Carolina driver's license. Referred to the Committee on Transportation.

Vehicular Homicide. H. 3135 Rep. Allison: A bill to amend the Code of Laws of South Carolina, 1976, by adding §§ 56‑5‑3010 and 56‑5‑3020 so as to establish the crimes of vehicular homicide and vehicular great bodily injury, and to provide penalties for both crimes. Referred to Committee on Judiciary.

Wireless Communication. S. 24 Senator Jackson: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 56‑5‑3845 so as to provide that a municipal governing body by ordinance may restrict the operator of a motor vehicle who is communicating with another person by way of a wireless communication device to the use of a hands-free device while the vehicle is in motion. Referred to the Committee on Transportation.

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Municipal Corporations

Annexing Property. H. 3074 Rep. A. D. Young: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 5‑3‑370 so as to provide that when a municipality annexes property in a county that has a land use or zoning policy, plan, regulation, or ordinance and the municipality density allowance or regulations allow for a greater density than the county allows, then the county density requirement must remain in effect for five years after the annexation. Referred to Committee on Judiciary.

Condemnation Powers. S. 85 Senator Ford: A bill to amend § 5‑7‑50, Code of Laws of South Carolina, 1976, relating to the power of condemnation by a municipality, so as to provide that this power does not include owner-occupied residential property located outside of a municipality. Referred to the Committee on Judiciary.

Corporate Certificates. S. 79 Senator Ford: A bill to amend § 5‑1‑30, as amended, Code of Laws of South Carolina, 1976, relating to prerequisites to the issuance of a corporate certificate to a proposed municipality, so as to delete the reference to Chapter 17. Referred to the Committee on Judiciary.

Municipalities. H. 3149 Rep. E. H. Pitts: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 5‑7‑70 so as to require municipalities that collect water or sewer maintenance fees to use these fees only to maintain the water or sewer services. Referred to Committee on Labor, Commerce and Industry.

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Planning, Research & Development

S.C. Rural Infrastructure Bank Act. S. 135 Senator Sheheen: A bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 23 to Title 13 so as to enact the "South Carolina Rural Infrastructure Bank Act"; to establish the South Carolina Rural Infrastructure Bank for the purpose of making grants to eligible recipients in rural areas; to provide for the governance of the bank; to provide for the powers, duties, and responsibilities of the board; to provide criteria for those entities eligible to receive bank grants; to establish the South Carolina Rural Infrastructure Bank Trust Fund to receive certain bank revenues; to provide the criteria which the bank shall use in judging applications for grants; to provide that certain funds are transferred to the trust fund to implement the provisions of this Act; to authorize the board to establish fees and provide that certain fees must be credited to the trust fund established by this Act; to transfer all allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contract rights and obligations associated with the division of local government and the grant program it administers, the South Carolina Coordinating Council for Economic Development, the State Rural Infrastructure Fund, the Community Development Block Grant Program, the South Carolina Water Quality Revolving Fund Authority, and the South Carolina Infrastructure Facilities Authority to and under the exclusive control of the South Carolina Rural Infrastructure Bank; by adding § 12‑24‑93 so as to provide that revenues of the state portion of the deed recording fee credited to the General Fund of the state is credited instead to the South Carolina Rural Infrastructure Bank Trust Fund; to amend § 11‑11‑170, relating to the revenues payable from the Tobacco Settlement Local Government Fund, so as to provide that grants from the fund must be to fund grants distributed by the South Carolina Rural Infrastructure Bank instead of the Office of Local Government of the Division of Regional Development of the state Budget and Control Board; to amend § 11‑40‑20, relating to the creation of the South Carolina Infrastructure Facilities Authority, so as to provide that the South Carolina Rural Infrastructure Bank shall comprise the authority instead of the state Budget and Control Board; to amend § 11‑40‑250, relating to the requirement that the Division of Local Government of the state Budget and Control Board provide staff and assist the South Carolina Infrastructure Facilities Authority, so as to provide that the South Carolina Rural Infrastructure Bank perform these duties and responsibilities instead of the Division of Local Government; to amend §§ 12‑10‑80, 12‑10‑85, and 12‑28‑2910, all as amended, relating to funds payable to the State Rural Infrastructure Fund and funds generated from a portion of the gasoline and fuel user fees, so as to provide that these monies must be distributed to the South Carolina Rural Infrastructure Bank and deposited in the South Carolina Rural Infrastructure Bank Trust Fund and used to provide grants for eligible recipients; to amend § 48‑1‑350, relating to penalties imposed under the Pollution Control Act, so as to provide that the state portion of the civil penalties credited to the General Fund is credited instead to the South Carolina Rural Infrastructure Bank Trust Fund; to amend § 48‑5‑30, relating to the creation of the South Carolina Water Quality Revolving Fund Authority, so as to provide that the members of the South Carolina Rural Infrastructure Bank comprise the authority instead of the state Budget and Control Board; to repeal § 1‑11‑25 relating to the creation of the Office of Local Government of the state Budget and Control Board; and to provide for an interim executive director of the Rural Infrastructure Bank. Referred to the Committee on Labor, Commerce and Industry.

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Ports and Maritime Matters

State Ports Authority. H. 3128 Rep. Merrill: A bill to amend §§ 54‑3‑10 and 54‑3‑20, Code of Laws of South Carolina, 1976, relating to the South Carolina State Ports Authority and its governing board, so as to provide that the State Ports Authority on July 1, 2009, shall be governed by a director appointed by the Governor, upon the advice and consent of the Senate, and on July 1, 2009, the governing board of the Authority and the position of president and chief executive officer are dissolved and their powers and duties assumed by the director appointed by the Governor; to amend §§ 54‑3‑140, 54‑3‑190, and 54‑3‑270, as amended, relating to powers and other functions of the authority, so as to conform these Sections to the above provisions; and to repeal §§ 54‑3‑30 and 54‑3‑40 relating to the organization and officers of the governing board of the Authority. Referred to Committee on Judiciary.

S.C. State Ports Authority. S. 77 Senator Ford: A bill to amend § 54‑3‑20, Code of Laws of South Carolina, 1976, relating to the appointment and terms of the members of the South Carolina State Ports Authority, so as to provide that the Governor may remove a member only for cause. Referred to the Committee on Transportation.

Watercraft Gambling Act. S. 83 Senator Ford: A bill to amend Chapter 1, Title 54, Code of Laws of South Carolina, 1976, by designating §§ 54‑1‑10 through 54‑1‑40 as Article 1, entitled "General Provisions"; and by adding Article 5 enacting the "Watercraft Gambling Act" so as to make it lawful to use gambling devices on watercraft and to provide definitions. Referred to the Committee on Transportation.

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Professions & Occupations

Attorneys. H. 3123 Rep. J. E. Smith: A bill to amend § 40‑5‑310, Code of Laws of South Carolina, 1976, relating to the prohibition against any person practicing or soliciting the cause of another person in a court of this state unless he has been admitted and sworn as an attorney, so as to provide that the person must be enrolled as a member of the South Carolina Bar in order to practice law or solicit the legal cause of another, and to provide the practice of law shall be defined by the Supreme Court prior to any charge being filed pursuant to this section. Referred to Committee on Judiciary

Contractors. H. 3089 Rep. Hosey: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 40‑11‑435 so as to provide that if a general contractor or specialty contractor licensed by this state provides construction or other building services to a client which is a state or local government agency, department, or entity, the contractor must send copies of all bills or draw requests to each agency or department occupying or to occupy the building or structure as well as to the agency or department responsible for paying the bill or draw request if different for the purpose of verifying the work performed. Referred to Committee on Labor, Commerce and Industry.

Contractors. H. 3116 Rep. Spires: A bill to amend § 40‑11‑260, Code of Laws of South Carolina, 1976, relating to contractor's financial statements, net worth requirements, and financial limitations on bids and jobs, so as to increase for group four mechanical contractors the bid and job limitation from one hundred twenty-five thousand dollars to five hundred thousand dollars and the net worth requirement from twenty-five thousand dollars to seventy-five thousand dollars. Referred to Committee on Labor, Commerce and Industry.

Dental Interns and Residents. S. 167 Senator Cleary: A bill to amend § 40‑15‑110, as amended, Code of Laws of South Carolina, 1976, relating to exemptions from Chapter 15 of Title 40 regulating dentists and dental hygienists, so as to further specify the scope of activities of interns and residents who are exempt from licensure; and to amend § 40‑15‑360, relating to the authorization of pharmacists to fill prescriptions for dentists, so as to extend this authorization to interns and residents under certain conditions. Referred to the Committee on Medical Affairs.

Interior Design Consumer Protection Act. S. 45 Senator Ford: A bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 62 to Title 40 so as to enact the "Interior Design Consumer Protection Act"; to provide certain definitions; to require a person rendering an interior design service to register with the Department of Labor, Licensing and Regulation; to provide requirements for registration and renewal of registration; and to further provide for the registration and regulation of interior designers. Referred to the Committee on Labor, Commerce and Industry.

Junk Dealer. S. 184 (Companion/Similar H. 3153) Senator McConnell: A bill to amend § 40‑27‑10, Code of Laws of South Carolina, 1976, relating to a person who buys junk, so as to require a person who buys junk that consists of twenty-five pounds of scrap metal or vehicle parts to keep with the record of purchase a photocopy of the seller's driver's license or other government issued picture identification card that shows the seller's name and address; to amend § 40‑27‑40, relating to penalties for violating provisions of the junk dealer article, so as to increase the fine from a maximum of one hundred dollars to five hundred dollars and to establish that each violation constitutes a separate offense; to amend § 56‑5‑5670, relating to a demolisher purchasing or acquiring a vehicle to demolish, so as to require a demolisher that acquires a vehicle or vehicle parts with a total weight of twenty-five pounds or more to keep a photocopy of the seller's driver's license or other government issued picture identification card that shows the seller's name and address and to establish that a violation of those provisions is a misdemeanor with a fine no more than five hundred dollars for each offense or not exceeding five thousand dollars for the same set of transactions or imprisoned for no more than sixty days, with each violation constituting a separate offense; and to amend § 56‑5‑5945, relating to a demolisher obtaining a vehicle title, so as to require a demolisher who purchases or acquires a vehicle or vehicle part with a total weight of twenty-five or more pounds to keep a photocopy of the seller's driver's license or other government picture identification card that shows the person's name and address and the year, make, model, and identification number of the vehicle, if available, along with any other identifying features, and to provide a violation constitutes a misdemeanor with a fine no more than five hundred dollars for each offense or no more than five thousand dollars for the same set of transactions or imprisoned for no more than sixty days, or both, and to establish that each violation constitutes a separate offense. Referred to the Committee on Judiciary.

Mixed Martial Arts. H. 3042 (Companion/Similar S. 115) Rep. Merrill: A bill to amend §§ 40‑81‑20, 40‑81‑50, 40‑81‑70, 40‑81‑230, 40‑81‑280, 40‑81‑430, and 40‑81‑480, Code of Laws of South Carolina, 1976, all relating to regulations of various athletic and sporting activities by the State Athletic Commission; by adding § 40‑81‑445 so as to make the combative sport of mixed martial arts legal in South Carolina, and to provide for the manner in which the State Athletic Commission shall supervise and regulate mixed martial arts competitions; and to repeal § 40‑81‑530 relating to ultimate fighting events as being unlawful. Referred to Committee on Labor, Commerce and Industry.

Pharmacy Board. S. 179 Senator Massey: A bill to amend § 40­‑43‑40 of the 1976 Code, relating to the State Board of Pharmacy, by increasing the members of the Board to nine with the additional member being a pharmacy technician from the state at large. Referred to the Committee on Medical Affairs.

State Athletic Commission. S. 115 (Companion/Similar H. 3042) Senators Knotts and Peeler: A bill to amend §§ 40‑81‑20, 40‑81‑50, 40‑81‑70, 40‑81‑230, 40‑81‑280, and 40‑81‑430, Code of Laws of South Carolina, 1976, all relating to regulations of various athletic and sporting activities by the State Athletic Commission; by adding § 40‑81‑445 so as to make the combative sport of mixed martial arts legal in South Carolina, and to provide for the manner in which the State Athletic Commission shall supervise and regulate mixed martial arts competitions; to repeal § 40‑81‑480 relating to events or exhibitions involving more than one of the combative sports and in which weapons are used as being unlawful; and to repeal § 40‑81‑530 relating to ultimate fighting events as being unlawful. Referred to the Committee on Labor, Commerce and Industry.

State Athletic Commission. S. 94 Senator Ford: A bill to amend §§ 40‑81‑20, 40‑81‑50, 40‑81‑230, and 40‑81‑430, Code of Laws of South Carolina, 1976, relating to the State Athletic Commission's powers and duties, so as to exclude professional wrestling as a sport that it regulates; and to repeal § 40‑81‑300 relating to the licensing of a wrestler. Referred to the Committee on Labor, Commerce and Industry.

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Property & Conveyances

African American Cemeteries. S. 95 Senator Ford: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 27‑43‑45 so as to provide that it is unlawful for a person who owns property on which an African American cemetery that has been designated as historic by the Department of Archives and History is situated to remove or disturb the graves, or develop the land, and to provide a penalty. Referred to the Committee on Judiciary.

 Execution of a Judgment for Ejection. S. 51 Senator Ford: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 27‑40‑810 so as to provide the execution of a judgment for ejectment may not occur until at least seven days lapse from the date on which the magistrate issued the order or, if the judgment is stayed, until at least seven days lapse from the date on which the order is lifted, and during the seven day period the tenant may remove his personal property from the premises without interference from the landlord; and to amend § 27‑40‑710, relating to removal of an evicted tenant's personal property from the rental premises, so as to provide the party removing the personal property shall retain possession of the personal property for thirty days, during which time the tenant may recover the personal property. Referred to the Committee on Judiciary.

 Horizontal Property Act. S. 105 Senator Rankin: A bill to amend Chapter 3, Title 27 of the 1976 Code, relating to the Horizontal Property Act, by adding Article 3, condominium sales or reservation escrow accounts, to provide a developer must place in an escrow account all funds received toward the purchase price of a condominium pursuant to a contract to sell a condominium parcel if the construction, furnishing, and landscaping of the property is not substantially complete at the time of the receipt of the funds, to provide that reservation deposits must be placed in an escrow account, to provide for the maintenance of the escrow accounts, and to provide for penalties for violations of this Article. Referred to the Committee on Judiciary.

Horizontal Property Regime. S. 215 Senator Elliott: A bill to amend § 27‑31‑30, Code of Laws of South Carolina, 1976, relating to establishment of a horizontal property regime, so as to provide in the event a lessee, co-owner, or owner desires to pre-sell an apartment unit in a condominium project, whether or not the master deed has been recorded, the earnest money deposits must be placed in a special escrow account or a special bond must be obtained; and to amend § 27‑31‑130, relating to waiver of a regime, so as to provide a vote of two-thirds of the co-owners of property constituted as a horizontal property regime may waive the regime, to provide if a co-owner or a creditor encumbering his apartment does not agree to accept the waiver, the co-owner may demand the co-owners who made the waiver request and those co-owners consequently must purchase his apartment at fair market value, to provide a manner for determining this fair market value, and to make conforming changes. Referred to the Committee on Judiciary.

S.C. Homeowners' Association Act. S. 30 Senator Jackson: A bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 52 to Title 27 so as to enact the South Carolina Homeowners' Association Act. Referred to the Committee on Judiciary.

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Public Finance

Board of Economic Advisers. S. 219 Senator Grooms: A bill to amend § 11‑9‑880, as amended, Code of Laws of South Carolina, 1976, relating to forecasts of economic conditions made by the Board of Economic Advisors, adjustments to those forecasts, revenue reviews, the production of a synopsis of revenue shortfalls, and the publication of reports, to provide that the final revenue forecast produced by the Board of Economic Advisors is limited to a three percent increase over the previous year's final forecast, to provide that half of any revenue collected in excess of the final forecast must be credited to the State Budget Surplus Tax Relief Fund and half of the revenue collected in excess of the final forecast must be credited to the Department of Transportation State Nonfederal Aid Highway Fund; by adding § 11‑11‑360 so as to establish the State Budget Surplus Tax Relief Fund and provide that revenue in this Fund must be used to offset revenues not collected because of the income tax credit added by this act and provide for the calculation of the credit; and by adding § 12‑6‑3490 so as to allow an individual income tax credit for taxpayers who filed income tax returns reporting an individual income tax liability for the prior taxable year. Referred to the Committee on Finance.

Consolidated Procurement Code. H. 3051 Reps. Harrell and Toole: A bill to amend § 11‑35‑310, as amended, Code of Laws of South Carolina, 1976, relating to definitions for purposes of the Consolidated Procurement Code, so as to delete the definition for "office"; to amend § 11‑35‑1524, as amended, relating to vendor preferences, so as to provide for preferences for end products from South Carolina and from the United States and for contractors and subcontractors who employ individuals domiciled in South Carolina, to define certain terms, provide for eligibility requirements for the preferences, provide for application for the preferences and penalties for false application, and to make exceptions to the preferences; to amend § 11‑35‑40, as amended, relating to compliance with federal requirements, so as to provide for compliance with the Consolidated Procurement Code; to amend § 11‑35‑3215, relating to contracts for design services, so as to provide for a resident preference; and to repeal § 11‑35‑3025 relating to approval of change orders in connection with certain contracts. Referred to Committee on Ways and Means.

Consolidated Procurement Code. S. 116 (Companion/Similar H. 3043, H. 3057, H. 3077) Senator Knotts: A bill to amend § 11‑35‑310, as amended, Code of Laws of South Carolina, 1976, relating to definitions for purposes of the Consolidated Procurement Code, so as to delete the definition for "office"; to amend § 11‑35‑1524, as amended, relating to vendor preferences, so as to provide for preferences for end products from South Carolina and from the United States and for contractors and subcontractors who employ individuals domiciled in South Carolina, to define certain terms, provide for eligibility requirements for the preferences, provide for application for the preferences and penalties for false application, and to make exceptions to the preferences; to amend § 11‑35‑40, as amended, relating to compliance with federal requirements, so as to provide for compliance with the Consolidated Procurement Code; to amend § 11‑35‑3215, relating to contracts for design services, so as to provide for a resident preference; and to repeal § 11‑35‑3025 relating to approval of change orders in connection with certain contracts. Referred to the Committee on Finance.

General Appropriation Act. S. 130 Senator Sheheen: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 11‑11‑87 so as to require the Governor's annual state budget recommendation and the reports of the House Committee on Ways and Means and the Senate Finance Committee on the annual General Appropriations Act to be in a programmatic format by providing a narrative description of each separate program administered by a state agency and providing the elements that must be included in the narrative; to require the budget recommendation for an agency to include an overall budget recommendation by budget category and a similar recommendation for each separate program administered by the agency and the specific source of funds appropriated for the agency. Referred to the Committee on Finance.

Local Economic Stimulus Grants Program. S. 171 Senator Cleary: A bill to amend Title 11 of the 1976 Code by adding Chapter 55, to create the Local Economic Stimulus Grants Program, to provide that the Program is governed by the Grants Review Committee and to provide for its membership, to provide the grant application process, to provide which entities may receive a grant and the type of projects that a grant may support, and to require grant recipients to submit reports that itemize the expenditure of grant funds and describe the benefits to the community; and to amend Chapter 7 of Title 2, relating to legislative enactments, by adding § 2‑7‑74 to provide that beginning with the Annual General Appropriations Act for fiscal year 2009-2010, no competitive grant programs may be established in the state Budget and Control Board or in any other agency by temporary proviso applicable for the particular fiscal year, and to provide that the Competitive Grants Program of the state Budget and Control Board and other agencies contained in Act 310 of 2008 (the 2008-2009 General Appropriations Act) is abolished on the effective date of this Act. Referred to the Committee on Finance.

Procurement Code. H. 3156 (Companion/Similar S. 88) Rep. Brady: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 11‑35‑52 so as to provide for a twenty-five percent set-aside for governmental bodies and local political subdivisions subject to the State Consolidated Procurement Code for contracts for environmentally preferable goods or services entered into outside of the Procurement Code; and by adding § 11‑35‑1522 so as to provide for a five percent preference for vendors of environmentally preferable goods or services in connection with competitive procurements subject to the State Consolidated Procurement Code. Referred to Committee on Ways and Means.

Rural Infrastructure Act. H. 3148 Rep. Clyburn: A bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 50 to Title 11 so as to enact the "South Carolina Rural Infrastructure Act", to establish the South Carolina Rural Infrastructure Authority, and to provide for its governance, powers, and duties; to authorize the Authority to provide loans and other financial assistance to a municipality, county, special purpose or public service district, and a public works commission to finance rural infrastructure facilities; to allow state appropriations, grants, loan repayments, and other available amounts to be credited to the fund of the authority; to authorize lending to and borrowing by eligible entities through the Authority. Referred to Committee on Ways and Means.

State Appropriations. S. 2 Senators McConnell, Peeler and Leatherman: A bill to amend § 11‑11‑410, Code of Laws of South Carolina, 1976, relating to implementation of the limit on state spending imposed pursuant to Section 7(c), Article X of the Constitution of South Carolina, 1895, so as to revise this limit by imposing an annual limit on the appropriation of state general fund revenues by adjusting such revenues by a rolling ten-year average in annual changes in general fund revenues and the creation of a separate budget stabilization fund in the State Treasury to which must be credited all general fund revenues in excess of the annual limit, the revenues of which much first be used to stabilize general fund revenues available for appropriation, to define emergencies and to provide for suspension of this appropriations limit in emergencies, to provide that a cash balance in the budget stabilization fund in excess of fifteen percent of general fund revenues of the most recent completed fiscal year may be appropriated in separate legislation for various nonrecurring purposes, and to define surplus general fund revenues.  Referred to the Committee on Finance.

State Consolidated Procurement Code. S. 88 (Companion/Similar H. 3156) Senator Ford: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 11‑35‑52 so as to provide for a twenty-five percent set-aside for governmental bodies and local political subdivisions subject to the State Consolidated Procurement Code for contracts for goods or services entered into outside of the procurement code with vendors who are legal residents of South Carolina. Referred to the Committee on Finance.

State Consolidated Procurement Code. S. 89 Senator Ford: A bill to amend § 11‑35‑1524, as amended, relating to a preference for a resident vendor in connection with a procurement subject to the State Consolidated Procurement Code, so as to provide that the vendor and its employees must be legal residents of South Carolina to take advantage of the preference. Referred to the Committee on Finance.

Transportation Maintenance Fund. S. 100 Senator Grooms: A bill to amend Article 3, Chapter 11 of Title 11 of the 1976 Code, relating to the general fund and the Capital Reserve Fund, by adding § 11‑11‑315, to establish the Transportation Maintenance Fund, to provide that two percent of the General Fund revenue of the latest completed fiscal year be deposited into the Transportation Maintenance Fund, to provide that monies in the Fund must be used to offset revenue shortfalls, and to provide that any monies in the Fund at the end of the fiscal year must be deposited in the Non-Federal Aid Highway Fund. Referred to the Committee on Finance.

Treasurer. S. 214 Senator Elliott: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 11‑5‑290 so as to direct the State Treasurer to establish and maintain an online register of each state payment in the amount of one thousand dollars or more in a fiscal year, to provide the payments which must be included on this register and those payments that are exempt, and to provide for the organization and indexing of this register. Referred to the Committee on Finance.

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Public Officers & Employees

Boards and Commissions Election Reform Act. S. 231 Senator Campsen: A bill to amend the Code of Laws of South Carolina, 1976, to enact "The Boards and Commissions Election Reform Act", by adding § 8‑13‑940, relating to form and reports by candidates for election by the General Assembly, to provide for the definition of campaign contribution report, to provide that candidates for election by the General Assembly must file a campaign contribution report with the House and Senate Ethics Committee, to provide that no vote can be taken on a candidate for election until ten days after the report is filed, to provide that a campaign contribution report must accompany the appointment transmission to the Senate, to provide that an appointee may not be confirmed unless the report accompanies the transmission to the Senate, and to prohibit campaign contributions from candidates and appointees to candidates for or members of the General Assembly. Referred to the Committee on Judiciary.

Campaign Contribution Limits. H. 3090 (Companion/Similar H. 3189) Rep. Kirsh: A bill to amend § 8‑13‑1314, as amended, Code of Laws of South Carolina, 1976, relating to campaign contribution limits and restrictions, so as to provide closely held business entities under shared control must be held to a single, maximum aggregate campaign contribution limit. Referred to Committee on Judiciary.

Campaign Contribution Limits. H. 3189 (Companion/Similar H. 3090) Rep. Kirsh: A bill to amend § 8‑13‑1314, as amended, Code of Laws of South Carolina, 1976, relating to campaign contribution limits and restrictions, so as to provide closely-held business entities under shared control must be held to a single, maximum aggregate campaign contribution limit. Referred to Committee on Judiciary.

Campaign Disclosures and Reports. H. 3066 Reps. Ballentine, Haley, J. R. Smith, Hamilton, Wylie, Simrill, Huggins, E. H. Pitts, Cobb-Hunter, Harrell, G. M. Smith, Gullick, J. E. Smith, Merrill, Phillips, Jennings, Owens, G. R. Smith, Daning, Rice, Knight, Funderburk, Harrison, Crawford, Kirsh, Bedingfield and Allison: A bill to amend § 8‑3‑365, Code of Laws of South Carolina, 1976, relating to electronic filing of campaign disclosures and reports, so as to make it applicable to county, school board, and municipal elections in addition to statewide elections; and to amend § 8‑13‑1308, as amended, relating to the requirement to file certified campaign reports by candidates and committees, so as to require that they must be filed forty-eight hours after their receipt starting after the filing of the pre-election report. Referred to Committee on Judiciary.

Campaign Practices. H. 3173 Rep. Miller: A bill to amend § 8‑13‑1300, as amended, Code of Laws of South Carolina, 1976, relating to definitions of campaign practices, so as to provide that anything of value given to make communications more than forty-five days before an election to influence the outcome of an elected office is subject to the provisions of §§ 8‑13‑1302 and 8‑13‑1308. Referred to Committee on Judiciary.

Campaign Practices. H. 3062 Rep. J. E. Smith: A bill to amend § 8‑13‑1300, as amended, Code of Laws of South Carolina, 1976, relating to definitions for purposes of campaign practices, so as to amend the definition of "independent expenditure" to provide that expenditures by a party committee which have the effect of advocating the defeat of a clearly identified candidate are deemed to be a contribution to the opponent, to provide for when there is more than one opponent to a candidate, to provide that expenditures and contributions are subject to certain provisions of Chapter 13, Title 8, and to require that affected entities are subject to the reporting and recordkeeping requirements under Article 13, Chapter 13, Title 8, from July 1, 1999, when the first report is due after the effective date of this act. Referred to Committee on Judiciary.

Campaign Practices. H. 3092 Rep. Lucas: A bill to amend § 8‑13‑1300, as amended, Code of Laws of South Carolina, 1976, relating to campaign practices definitions, so as to provide that "contribution" does not include certain things of value used to pay for communications made more than forty-five days before an election to influence the outcome of an elected office. Referred to Committee on Judiciary.

Campaign Practices. H. 3093 Rep. E. H. Pitts: A bill to amend §§ 8‑13‑1314, as amended, 8‑13‑1322, 8‑13‑1331, and 8‑13‑1340, as amended, Code of Laws of South Carolina, 1976, all relating to campaign contributions, so as to eliminate certain campaign contribution limits. Referred to Committee on Judiciary.

Employee Compensation. H. 3172 Rep. Whipper: A bill to amend § 8‑27‑30, as amended, Code of Laws of South Carolina, 1976, relating to civil actions against an employing public body for retaliation against an employee who reports a violation of state or federal law or regulation, so as to change the maximum amount of actual damages an employee may recover from fifteen thousand dollars to three hundred thousand dollars and to remove the limit on the amount of attorney fees that a court may award. Referred to Committee on Judiciary.

Justification for Monies Spent. S. 72 Senator Ford: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 8‑1‑195 so as to provide that all state agencies, departments, colleges, universities, institutions, and entities shall report to the General Assembly and to the Governor on January fifteenth and July fifteenth of each year the justification of the dollars from any source that are received by them, and how these dollars are used to provide services to the citizens of the state, and to provide for the administration of and exceptions to this provision. Referred to the Committee on Finance.

Obese State Employees. S. 109 Senator Ryberg: A bill to amend Chapter 1, Title 8 of the 1976 Code, relating to public officers and employees, by adding § 8‑1‑195 to direct the Budget and Control Board to charge state employees who participate in the state health plan an additional twenty-five dollars a month if the employee is obese. Referred to the Committee on Finance.

Political Action Committees. S. 125 Senator Sheheen: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 8‑13‑1339 so as to prohibit a political action committee organized by or on behalf of certain statewide officials; and to amend § 8‑13‑1340, as amended, relating to committees being established, financed, or controlled by a candidate, so as to delete references to a committee organized directly or indirectly established, financed, maintained, or controlled by a candidate or public official. Referred to the Committee on Judiciary.

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Public Records

Governor. H. 3126 Rep. J. E. Smith: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 30‑4‑75 so as to provide that meetings of the Governor with agency or department heads he appoints together with any other public officials or employees invited to attend must be open to the public in the same manner and under the same conditions that meetings of public bodies must be open to the public under the Freedom of Information Act. Referred to Committee on Judiciary.

Public Records. S. 84 Senator Ford: A bill to amend § 30‑4‑30, Code of Laws of South Carolina, 1976, relating to the right to inspect or copy public records, so as to add arrest warrants issued for the preceding three months as documents which must be made available for public inspection and copying when the requestor appears in person. Referred to the Committee on Judiciary.

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Public Utilities, Services & Carriers

Countywide Toll-Free Calling. H. 3039 Rep. Kirsh: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 58‑9‑255 so as to provide that the Public Service Commission require countywide toll-free calling to be provided by all telephone utilities operating within a county by July 1, 2009, and to provide for related matters. Referred to Committee on Labor, Commerce and Industry.

Office of Regulatory Staff. S. 8 Senator McConnell: A bill to amend Chapter 4, Title 58, Code of Laws of South Carolina, relating to the Office of Regulatory Staff, by adding § 58‑4‑140 so as to create a non-profit entity named operation empowered in order to provide financial assistance to low-income households to implement energy efficiency and conservation measures. Referred to the Committee on Judiciary.

Taxicab Companies. S. 59 Senator Ford: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 58‑23‑1235 so as to provide that a taxicab company that leases a taxicab through an independent contractor agreement must obtain certain liability insurance, provide that a taxicab company is not required to provide workers' compensation coverage for a driver who leases the company's taxicab as an independent contractor, and provide that the provisions of the workers' compensation law do not apply to a driver who leases a taxicab under an independent contractor lease agreement; by adding § 42‑1‑376 so as to exempt from the South Carolina worker's compensation law a driver who leases a taxicab under an independent contractor lease agreement with a taxicab company from the workers' compensation law; to amend § 58‑23‑1220, as amended, relating to liability insurance required for a taxi, so as to delete specific dollar amounts of liability insurance required for a taxi from this Section, and provide that the minimum statutory limits of insurance required for a vehicle, or certain alternative self-insurer provisions, apply to a taxi; to amend § 58‑23‑1230, relating to filing a bond instead of liability insurance for a taxi, so as to allow a taxi company to comply with certain self-insurer provisions, or deposit a bond instead of insurance in the amount of the minimum statutory limits of insurance required for a vehicle; and to change the title of Article 13, Chapter 23, Title 58 from "Taxis in counties with cities over 70,000" to "taxis". Referred to the Committee on Transportation.

Trains. H. 3150 Rep. Whipper: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 58‑15‑915 so as to provide that during the hours of seven a.m. to nine a.m., twelve o'clock noon until two p.m., and four p.m. until six p.m., in order not to cause a hazard to public vehicular transportation, a train in a municipality may not block four lane intersections for more than five minutes. Referred to Committee on Education and Public Works.

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Retirement Systems

Election Workers and Officials. H. 3015 Rep. A. D. Young: A bill to amend § 9‑1‑10, as amended, Code of Laws of South Carolina, 1976, relating to definitions for purposes of the South Carolina Retirement System (SCRS), so as to provide that "employee" as defined for purposes of the SCRS does not include specified election workers and election officials; and to amend § 12‑6‑1140, as amended, relating to deductions from taxable income of individuals for purposes of the South Carolina Income Tax Act, so as to allow a deduction for compensation for poll workers and poll officials at a polling place on the day of an election. Referred to Committee on Ways and Means.

Retirement System. S. 212 Senator Ryberg: A bill to amend §§ 9‑1‑1510, 9‑1‑1515, 9‑1‑1550, 9‑1‑1660, 9‑1‑1770, and 9‑1‑1850, Code of Laws of South Carolina, 1976, relating to retirement and early retirement, calculation of retirement benefits, survivors' annuities, death benefits, and service purchase for purposes of the South Carolina Retirement System, to increase from twenty-eight to thirty years the service credit required for a non-vested member of that system, on the date this act takes effect, to retire at any age without a reduction in benefits, and to make the appropriate conforming amendments. Referred to the Committee on Finance.

TERI Program. H. 3009 Rep. Kirsh: A bill to close the Teacher and Employee Retention Incentive (TERI) Program to new participants effective July 1, 2009, and to repeal effective July 1, 2014, Article 17, Chapter 1, Title 9, Code of Laws of South Carolina, 1976, relating to the establishment of the TERI Program. Referred to Committee on Ways and Means.

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Social Services

Family Independence Benefits. S. 17 Senator Leventis: A bill to amend § 43‑5‑1190, as amended, Code of Laws of South Carolina, 1976, relating to eligibility for family independence benefits, so as to clarify the conditions for receiving such benefits when a person is convicted of an alcohol or drug related offenses and to provide that the person is eligible for such benefits if the person is not convicted of another alcohol or drug-related offense in the year following release from incarceration. Referred to the General Committee.

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Securities

Surcharge on Security Sales. S. 32 Senator Ford: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 35‑1‑615 so as to impose a one-dollar surcharge on a sale of a security by a broker-dealer registered in this state, and to provide that the monies derived from the surcharge be deposited in the General Fund. Referred to the Committee on Banking and Insurance.

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Study Committees

Joint Electronic Health Information Study Committee. H. 3170 Rep. Gunn: A joint resolution to create the Joint Electronic Health Information Study Committee to examine the feasibility of increasing the use of health information technology and electronic personal health records, to provide for the Study Committee's membership, and to require the Study Committee to report its findings and recommendations to the General Assembly before January 1, 2010, at which time the Study Committee is abolished. Referred to Committee on Medical, Military, Public and Municipal Affairs.

Orangeburg Massacre. S. 35 Senator Ford: A joint resolution to acknowledge the fundamental injustices, cruelty, and inhumanity inflected upon the victims of the "Orangeburg Massacre" in light of Governor Mark Sanford's recent formal apology for the members of the South Carolina Highway Patrol who gunned down three students and injured twenty-seven other students during this incident, and to create a Commission to make recommendations to the General Assembly to compensate the victims and families of the victims of this tragedy. Referred to the Committee on Judiciary.

S.C. Taxation Realignment Commission. S. 12 Senators Leatherman, Alexander, O'Dell and Cleary: A bill to establish the South Carolina Taxation Realignment Commission, to provide for the Commission's membership, powers, duties, and responsibilities, to provide that the Commission must conduct a comprehensive study of the state's tax system and submit a report of its recommended changes to further the goal of maintaining and enhancing the state as an optimum competitor in the effort to attract businesses and individuals to locate, live, work, and invest in the state, and to provide for procedures governing the consideration of legislation resulting from the Commission's recommendations. Referred to the Committee on Finance.

Stroke Systems of Care Study Committee. S. 26 Senator Jackson: A joint resolution to establish the Stroke Systems of Care Study Committee to develop recommendations for a state Stroke Systems of Care Comprehensive Service Delivery System and to provide for the membership, duties, and responsibilities of the Study Committee. Referred to the Committee on Medical Affairs.

Wind Energy Production Farms. H. 3046 Rep. Merrill: A house resolution to create a study committee to determine the feasibility of establishing wind energy production farms in South Carolina, to provide for the study committee's membership, and to require the study committee to report its findings and recommendations to the Speaker of the House of Representatives before January 1, 2010, at which time the study committee is abolished. Referred to Committee on Labor, Commerce and Industry.

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Taxation

Agriculture Assessment Reform Act. H. 3154 Rep. Chalk: A bill to amend the Code of Laws of South Carolina, 1976, so as to enact "The South Carolina Agricultural Assessment Reform Act of 2009"; to amend § 12‑43‑217, as amended, relating to reassessment of real property every five years, so as to limit a property tax increase in the year of implementation of revised agricultural use standards; to amend § 12‑43‑220, as amended, relating to assessment ratios for certain property classifications, so as to provide for updated criteria for determining fair market value of agricultural use property, to require that the property owners reapply for agricultural use classification each year of the countywide appraisal and equalization program, to provide for the application of the rollback tax to certain agricultural property based on increased value, to require rollback taxes to be paid with the deed transferring real property where the increase in value meets certain criteria, to limit application of the rollback tax to that property at a later date, and to exempt from the rollback tax property sold at a foreclosure sale for specified reasons and under specified circumstances; to amend § 12‑43‑230, as amended, relating to the definition of "agricultural real property" for purposes of property tax reassessment and equalization, so as to define more fully "agricultural real property", including the requirement that the agricultural use be a commercial use and to provide for evidence of commercial use; to amend § 12‑43‑232, as amended, relating to other criteria for agricultural use property, so as to require that timberland property must be twenty-five acres or more and to delete the provision allowing a nontimberland tract that fails to meet the acreage or income criteria to retain the agricultural use classification so long as it has remained in the immediate family since that classification; to amend § 12‑43‑260, relating to a county's compliance with the property classification provisions and by adding § 12‑4‑525, both so as to allow the Department of Revenue to review appeals of property classifications and audit sample reassessments so as to assure accurate results; and to amend § 12‑43‑340, relating to penalties for falsely claiming agricultural use property, so as to make the penalty ten dollars for each acre falsely claimed. Referred to Committee on Ways and Means.

Agricultural Classification for Real Property. H. 3041 Rep. Kirsh: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 12‑60‑2535 so as to provide for an appeal of a county assessor's property tax assessment to the county governing body in certain cases and to allow the payment of attorney's fees to the taxpayer who prevails on appeal; and to amend § 12‑43‑232, relating to real property requirements for classification as agricultural use, so as to allow an agricultural use classification for real property under the same ownership. Referred to Committee on Ways and Means.

Capital Projects Sales and Use Tax Referendum. H. 3207 Rep. Hosey: A joint resolution to change the certification date for the result of a Capital Projects Sales and Use Tax Act referendum held at the time of the 2008 general election from no later than November 30, 2008, to no later than December 11, 2008. Referred to Committee on Ways and Means.

Cigarette Tax. H. 3014 Rep. M. A. Pitts: A bill to amend § 12‑21‑620, Code of Laws of South Carolina, 1976, relating to the license tax on tobacco products, so as to increase the tax on cigarettes to 1.85 cents a cigarette, define "cigarette", provide that not less than fifteen million dollars of cigarette license tax revenues must be appropriated annually to the State Board for Technical and Comprehensive Education for the Allied Healthcare Initiative and not less than ten million dollars must be appropriated to the Commission on Higher Education for the Critical Needs Nursing Initiative Fund and to provide that the balance of the revenue must be appropriated annually to the Nursing Education Scholarship Fund; and by adding § 59‑110‑35, so as to establish the Nursing Education Scholarship Fund (NESF) for the purpose of providing scholarships covering tuition, fees, and books for instate students enrolled in two year and four year nursing programs at public institutions of higher learning in this state, establish the eligibility requirements for this scholarship. Referred to Committee on Ways and Means.

Cigarette Tax. H. 3119 Rep. Hosey: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 12‑21‑635 so as to impose an additional tax of 1.5 cents per cigarette; to establish the smoking cessation and health care fund into which must be deposited fifty percent of the revenue generated from the imposition of this tax and which must be administered by the Department of Health and Human Services for reimbursement of an individual's personal expenses related to smoking cessation and smoking related health care devices, equipment, and programs; and to provide that the remaining revenue generated by this tax must be credited to the general fund and appropriated annually by the General Assembly to address health needs of South Carolinians, including using such funds for Medicaid matching funds. Referred to Committee on Ways and Means.

Cigarette Tax. H. 3206 Rep. White: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 12‑21‑625 so as to impose an additional tax on cigarettes equal to 1.25 cents on each cigarette, to provide a definition of "cigarette", to create the medicaid reserve account of the South Carolina Department of Health and Human Services and provide its sources of revenue including the revenues of the tax imposed pursuant to this Act and to provide for the uses of fund revenues, to require a balance in this fund equal to one and one-half percent of the total appropriations authorized for the medicaid program for the current fiscal year, and to provide that revenues of this additional tax in excess of amounts necessary to restore and maintain the medicaid reserve account at the required level must first be credited to the General Reserve Fund and thereafter to the General Fund of the state. Referred to Committee on Ways and Means.

Homestead Tax Exemption. S. 176 Senator Cleary: A bill to amend § 12‑37‑250 of the 1976 Code, relating to the homestead exemption, to provide that if a person would be entitled to a homestead tax exemption, except that legal title to the dwelling place is owned by a continuing care retirement community, then the person qualifies for and is entitled to a homestead exemption that the person may transfer to the continuing care retirement community; and to amend Chapter 43, Title 12, relating to county equalization and assessment, by adding § 12‑43‑223 to provide that under certain circumstances, the legal residence of a person who resides in and owns an equitable interest in a continuing care retirement community qualifies for a four percent assessment thereon, if the person or the continuing care retirement community owns legal title. Referred to the Committee on Finance.

Income Tax Credit. H. 3010 Rep. Cobb-Hunter: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 12‑6‑3632 so as to allow a refundable state individual income tax credit equal to ten percent of the federal earned income tax credit and annually to increase the amount of the credit in increments of two and one-half percent until the credit equals twenty percent. Referred to Committee on Ways and Means.

Income Tax Credit. H. 3107 Rep. Merrill: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 12‑6‑3680 so as to allow a state income tax credit for a taxpayer who sends his child to private school or home schools his child in an amount equal to two hundred dollars per child to be used for books and supplies. Referred to Committee on Ways and Means.

Income Tax Credit. H. 3210 Rep. Gunn: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 12‑6‑3435 so as to allow a state income tax credit for premiums paid by a small employer to provide eligible employees coverage under a qualifying health plan, to limit the credit to one thousand dollars an employee for each of six consecutive taxable years and allow the credit only for businesses employing no more than fifty employees, and to provide definitions. Referred to Committee on Ways and Means.

Income Tax Credit. S. 67 Senator Ford: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 12‑6‑3557 so as to allow a state income tax credit equal to fifty percent of the expense of purchasing and installing a metal detector security system installed and operated by retail space landlords and individual retailers for the purpose of providing customer and employee security. Referred to the Committee on Finance.

Income Tax Credit. S. 154 Senator Campsen: A bill to amend § 12‑6-‑515 of the 1976 Code, relating to the state income tax credit allowed for donations of a gift of land for conservation or a qualified conservation contribution, to provide that the credit equals twenty-five percent of the total value of the gift rather than twenty-five percent of the charitable deduction for the gift allowed on the taxpayer's federal income tax return, to increase the maximum annual credit allowed a taxpayer from $52,500 to $150,000, and to adjust the maximum annual credit for increases in the consumer price index, and to delete obsolete provisions. Referred to the Committee on Finance.

Income Tax Credits. S. 10 Senator McConnell: A bill to amend Chapter 6, Title 12, Code of Laws of South Carolina, 1976, relating to state income tax credits, by adding § 12‑6‑3588, so as to allow a state income tax credit equal to twenty percent of the credit allowed against a taxpayer's federal income tax liability for qualified expenditures on photovoltaic, solar, and fuel cell property; and to amend § 12‑36‑2120, relating to exemptions from the state sales tax, so as to include an exemption for the purchase of machinery, machine tools, and any part thereof that is used in the production of electricity from a renewable energy source. Referred to the Committee on Finance.

Income Tax Deductions. H. 3208 Rep. Clemmons: A bill to amend § 12‑6‑1140, as amended, Code of Laws of South Carolina, 1976, relating to deductions from South Carolina taxable income of individuals for purposes of the South Carolina Income Tax Act, so as to allow the deduction of retirement benefits attributable to service on active duty in the armed forces of the United States; and to amend § 12‑6‑1170, as amended, relating to the retirement income deduction, so as to conform this deduction to the military retirement deduction allowed by this Act. Referred to Committee on Ways and Means.

Income Tax Return. S. 211 Senator Jackson: A bill to amend § 12‑6‑5060, as amended, Code of Laws of South Carolina, 1976, relating to the voluntary contribution of funds to various entities by a person on his state individual income tax return, so as to specify the rural crossroads institute as an entity to which a person may make a voluntary contribution and to provide that those contributions must be used to empower rural communities to implement best practices and shared solutions that promote economic development and growth. Referred to the Committee on Finance.

License Taxes. S. 68 Senator Ford: A bill to amend § 12‑33‑210, as amended, Code of Laws of South Carolina, 1976, relating to license taxes on licenses issued pursuant to the provisions of Title 61, the Alcohol Beverage Control Act, so as to require a license with a license tax of five thousand dollars for a retail dealer holding a wholesaler's basic permit under federal law; to amend § 12‑33‑245, as amended, relating to the excise tax on the gross proceeds of the sale of alcoholic liquors by the drink, so as to replace the excise tax with a license tax on wholesalers imposed at the rate of sixty-six cents a liter; and to amend § 12‑36‑90, as amended, relating to the definition of "gross proceeds of sales" for purposes of the South Carolina Sales Tax Act, so as to delete an obsolete reference to the former excise tax on the gross proceeds of the sale of alcoholic liquors by the drink. Referred to the Committee on Finance.

Long-Term Care Tax Credit Act. S. 157 Senator Campsen: A bill to amend the 1976 Code to enact the "Long-Term Care Tax Credit Act" by adding § 12‑6‑3395 relating to annual inflation to allow a state individual income tax credit of fifteen percent of the total amount of premiums paid by a taxpayer pursuant to a long-term care insurance contract, up to three hundred fifty dollars for each taxable year for each contract, and to prohibit a double benefit. Referred to the Committee on Finance.

Millage Rate. S. 228 Senator Bryant: A bill to amend § 12‑43‑217 of the 1976 Code, relating to quadrennial reassessment, to provide that the millage rate in effect at the end of December of the fourth year must be used when calculating whether property valuation has resulted in a change in value of one thousand dollars or more, and to provide that notices of any change in value or classification must be mailed to taxpayers at least sixty days prior to the end of the county's fiscal year.  Referred to the Committee on Finance.

Motor Fuels User Fee. S. 60 Senator Ford: A joint resolution to provide that the imposition of the motor fuels user fee pursuant to Chapter 28, Title 12 of the 1976 Code is suspended effective June 1, 2009, through September 1, 2009, and to provide that the offset amount of unobligated enforced collections revenue must be credited to the State Highway Fund, and to provide that motor fuel wholesalers must pass on the savings realized by this suspension of the motor fuels user fee to motor fuel retailers when invoicing them for the cost of motor fuels during the suspension period. Referred to the Committee on Finance.

Property Tax. S. 193 (Companion/Similar S. 194) Senator McConnell: A bill to amend § 12‑43‑220, as amended, Code of Laws of South Carolina, 1976, relating to valuation and classification of property for purposes of the property tax, so as to provide that the owner-occupant of residential property qualifies for the four percent assessment ratio allowed owner-occupied residential property, if the owner is otherwise qualified and the residence is not rented for more than ninety days a year; to allow refunds or credits to owner-occupants who qualify for the four percent assessment ratio due to the amendments contained herein; to delete other references to rental of these residences; and to amend § 12‑54‑240 relating to disclosure of records, reports, and returns with the department of revenue, so as to provide that verification that the federal schedule e conforms with the same document required by a county assessor is not prohibited. Referred to the Committee on Finance.

Property Tax. S. 194 (Companion/Similar S. 193) Senator McConnell: A bill to amend § 12‑43‑220, as amended, Code of Laws of South Carolina, 1976, relating to valuation and classification of property for purposes of the property tax, so as to provide that the owner-occupant of residential property qualifies for the four percent assessment ratio allowed owner-occupied residential property, if the owner is otherwise qualified and the residence is not rented for more than ninety days a year; to allow refunds or credits to owner-occupants who qualify for the four percent assessment ratio due to the amendments contained herein; to delete other references to rental of these residences; and to amend § 12‑54‑240 relating to disclosure of records, reports, and returns with the Department of Revenue, so as to provide that verification that the federal Schedule E conforms with the same document required by a county assessor is not prohibited. Referred to the Committee on Finance.

Property Tax. S. 230 Senator Campsen: A bill to amend § 12‑43‑220, as amended, Code of Laws of South Carolina, 1976, relating to the classification of property and the applicable valuation assessment ratios for purposes of the property tax, so as to provide that a single-member limited liability company (LLC) owning residential real property where the single member is an individual and the LLC is not taxed as a corporation qualifies for the special assessment ratio allowed owner-occupied residential property if the LLC meets all requirements for that special assessment ratio. Referred to the Committee on Finance.

Property Tax Exemptions. H. 3018 Rep. E. H. Pitts: A bill to amend § 12‑37‑220, as amended, Code of Laws of South Carolina, 1976, relating to property tax exemptions, so as to exempt from property tax the value of improvements to real property consisting of a newly constructed detached single family home through the earlier of the property tax in which the home is occupied, or the second property tax year ending December thirty-first after the home is completed and a certificate for occupancy issued thereon if required. Referred to Committee on Ways and Means.

Property Tax Exemptions. H. 3019 Rep. Spires: A bill to amend § 12‑37‑220, as amended, Code of Laws of South Carolina, 1976, relating to property tax exemptions, so as to allow an exemption from all property tax equal to one hundred percent of the value subject to tax of an owner-occupied residence if the owner has attained the age of sixty-five years. Referred to Committee on Ways and Means.

Real Property. H. 3130 Rep. Harvin: A bill to amend § 12‑37‑3150, as amended, Code of Laws of South Carolina, 1976, relating to determining when a parcel of real property must be appraised as a result of an assessable transfer of interest, so as to provide that a conveyance to a trust does not constitute an assessable transfer of interest in the real property if the settlor or settlor's spouse conveys the property to a trust the beneficiaries of which are a child or children of the settlor or the settlor's spouse and to provide that a conveyance by distribution under a will or by intestate succession does not constitute an assessable transfer of interest in the real property if the distributee is a child or children of a decedent and the decedent did not have a spouse at the decedent's date of death. Referred to Committee on Judiciary.

Real Property Valuation. H. 3007 Rep. Gunn: A bill to amend § 12‑37‑3140, as amended, Code of Laws of South Carolina, 1976, relating to determining the fair market value of real property for purposes of the South Carolina Real Property Valuation Reform Act, so as to postpone the implementation of the transfer value of a parcel of real property unimproved since the last countywide reassessment program until the time of implementation of the next countywide reassessment program. Referred to Committee on Ways and Means.

Sales Tax Exemptions. H. 3209 (Companion/Similar S. 149) Rep. Spires: A bill to amend § 12‑36‑2120, as amended, Code of Laws of South Carolina, 1976, relating to sales tax exemptions, so as to delete the exemption allowed for unprepared food items. Referred to Committee on Ways and Means.

Sales Tax Exemptions. S. 149 (Companion/Similar H. 3209) Senator Campsen: A bill to amend § 12‑36‑2120 of the 1976 Code, relating to sales tax exemptions, to clarify the application of the sales tax exemption allowed for items of unprepared food. Referred to the Committee on Finance.

Small Business Tax Credit Reform Act. S. 150 Senator Campsen: A bill to amend the 1976 Code to enact the "Small Business Tax Credit Reform Act" by amending § 12‑6‑3367, relating to a moratorium on corporate income and insurance premium taxes for certain companies investing and creating jobs in the State, to provide that a sole proprietorship, partnership, limited liability company, limited liability partnership, or an association taxable as a business entity may also claim the tax credit. Referred to the Committee on Finance.

S.C. Low Income Housing Tax Credit Act. S. 69 Senator Ford: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 12‑6‑3540 so as to enact the "South Carolina Low Income Housing Tax Credit Act" which provides an income or insurance premium tax credit for expenditures to develop rental housing units for low income tenants, to provide for the manner in which and conditions under which this income tax credit is authorized, and to permit the Housing Finance and Development Authority and the Department of Revenue to promulgate regulations to administer this program and the tax credits under the program. Referred to the Committee on Finance.

Taxpayers. S. 122 (Companion/Similar H. 3122) Senator Cromer: A bill to amend § 12‑60‑430, as amended, Code of Laws of South Carolina, 1976, relating to the failure of a taxpayer to make a report or file a return required by law or a taxpayer who files a frivolous return, so as to further provide for the information the Department must consider when making an estimate of the tax liability of the taxpayer under these circumstances. Referred to the Committee on Finance.

Taxpayer Inflation Protection Act. S. 145 Senator Campsen: A bill to amend the 1976 Code to enact the "Taxpayer Inflation Protection Act", by amending § 12‑6‑520 relating to annual inflation adjustments to state individual income tax brackets, to delete the provision limiting the inflation adjustment to one-half of the actual inflation rate and the overall four percent limit on the total inflation adjustment, and to delete redundant language. Referred to the Committee on Finance.

Tax Returns. H. 3122 (Companion/Similar S.  122) Rep. Huggins: A bill to amend § 12‑60‑430, as amended, Code of Laws of South Carolina, 1976, relating to the failure of a taxpayer to make a report or file a return required by law or a taxpayer who files a frivolous return, so as to further provide for the information the Department must consider when making an estimate of the tax liability of the taxpayer under these circumstances. Referred to Committee on Ways and Means.

Tax Revenues. S. 101 Senator Grooms: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 12‑36‑2647 so as to provide that the sales, use, and casual excise tax revenues in a fiscal year from the sale, use, or titling of a vehicle required to be registered and licensed by the South Carolina Department of Motor Vehicles must be credited to the State Highway Fund and an equal amount of nonstate tax source State Highway Fund revenues transferred to the South Carolina Transportation Infrastructure Bank to provide for the use of these revenues; and to amend § 11‑43‑160, as amended, relating to revenue sources of the South Carolina Transportation Infrastructure Bank, so as to include the revenues derived pursuant to § 12‑36‑2647 as added by this Act. Referred to the Committee on Finance.

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Trade & Commerce

False Advertising. S. 90 Senator Ford: A bill to amend § 39‑1‑20, Code of Laws of South Carolina, 1976, relating to making intentionally untrue statements in advertising, so as to prohibit in any form advertising that is known or should be known to be untrue or misleading, including television, radio, and internet broadcasts; and to amend § 39‑5‑40, as amended, relating to applicability of the Unfair Trade Practices Act, so as to make the provisions applicable to a person who knew or should have known the advertising was untrue or misleading. Referred to the Committee on Judiciary.

Lenders. S. 132 Senator Sheheen: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 39‑5‑175 so as to provide that a lender who delivers an unsolicited check to a person must disclose that the check secures a loan, the terms of the loan, and notice that by negotiating the check the recipient has entered into a loan agreement, to provide protection and recourse for intended payees if an unsolicited check is cashed fraudulently, and to provide that a violation of this section is an unfair trade practice and subject to appropriate penalties and enforcement. Referred to the Committee on Judiciary.

Price Gouging. H. 3106 Rep. Simrill: A bill to amend § 39‑5‑145, as amended, Code of Laws of South Carolina, 1976, relating to price gouging during an emergency, so as to increase the penalty for price gouging to not more than five thousand dollars. Referred to Committee on Judiciary.

Unfair Trade Practice. H. 3174 Rep. Toole: A bill to amend the Code of Laws of South Carolina, 1976, by adding § 39‑5‑32 so as to make it an unfair trade practice to advertise a price for a product that reflects a discount requiring a buyer to submit a coupon to the manufacturer for a cash rebate in order to obtain the advertised price, and to provide for a civil cause of action for violation of this section. Referred to Committee on Labor, Commerce and Industry.

Unfair Trade Practice. S. 198 Senator McConnell: A bill to amend § 39‑5‑37, Code of Laws of South Carolina, 1976, relating to the use of a name to misrepresent the geographical location of a business as an unlawful trade practice, so as to make it an unlawful trade practice to publish in a telephone assistance database or a print advertisement an intentionally misleading representation of the geographical location of the business. Prefiled and referred to the Committee on Judiciary.

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Water, Water Resources & Drainage

River Basins. S. 227 Senator Verdin: A bill to amend Chapter 1, Title 49 of the 1976 Code, relating to general provisions concerning water, water resources, and drainage, by adding § 49‑1‑100 to provide that the Department of Natural Resources must coordinate with the Department of Transportation to erect appropriate signs and markers along the state highway system that identify the river basins throughout the state, and to provide that the costs associated with the signs must be borne by the Department of Natural Resources. Referred to the Committee on Agriculture and Natural Resources.

Comprehensive Statewide Water Management Act. H. 3132 Rep. Bowen: A bill to amend Chapter 3, Title 49, Code of Laws of South Carolina, 1976, relating to water resources planning and coordination by adding Article 3, so as to enact the "South Carolina Comprehensive Statewide Water Management Act of 2009", including provisions to require the development of a Statewide Comprehensive Water Management Program; to provide for principles on which such program must be based; to require all water withdrawal permit decisions to be made in accordance with the program; to provide for effect of noncompliance with the program; to provide for a South Carolina Water Planning Committee and for its composition and duties; to provide procedures for program development, adoption, and revision; to designate § 49‑3‑10 through § 49‑3‑50 of the 1976 Code as Article 1, Chapter 3 of Title 49; and to repeal Chapter 21 of Title 49 relating to the interbasin transfer of water upon approval of the General Assembly by joint resolution of the Statewide Comprehensive Water Management Program provided above. Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

Wetlands Restoration Act. S. 152 Senator Campsen: A bill to amend the 1976 Code by adding Article 5 to Chapter 11, Title 49, relating to waters, water resources, and drainage, to enact the "Wetlands Restoration Act" to provide that certain impoundments that originally impounded a parcel of tideland or marshland but no longer completely impounds that parcel may be repaired or restored. Referred to the Committee on Agriculture and Natural Resources.

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