This supplemental issue of the Legislative Update covers legislation still pending upon adjournment of the 2009 session. The bills referenced below have crossed over in that each has passed the body before which it was introduced and is now before the other for consideration. It does not cover all pending legislation, but features bills of particular interest and which most significantly affect the practice of law in the areas listed. This report is intended to provide a brief synopsis of each piece of legislation and is generally categorized for ease of review. Please refer to the actual text of the legislation for detailed provisions.

Requests for Legislation

When requesting legislation, please refer to the 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.


Administrative & Regulatory

Administrative Law Judge. (H3874) would amend § 1‑23‑525, Code of Laws of South Carolina, 1976, relating to disqualification of members of the General Assembly from election to an administrative law judge position, so as to change four years to one year.

Behavioral Health Services Act. (H3199) would 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; would 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; would 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; would amend 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; would amend 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; would 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; would 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 would 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.

Motor Vehicle Hearing Office. (H3161) would 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 would 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.  

Restructuring Act. (H3147, similar S208) would 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; would 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; would amend 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.

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Agriculture

Agritourism. (S104) would 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.  

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Alcohol & Alcoholic Beverages

Underage Drinking. (S248, similar H3164) would 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 great bodily injury or death results to the person under the age of twenty-one or to another person and to provide penalties; and would add § 61‑6‑4083 so as to create the offense of unlawfully providing alcoholic liquors to a person under the age of twenty-one when great bodily injury or death results to the person under the age of twenty-one or to another person and to provide penalties.

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Animals, Livestock & Poultry  

Pet Inoculating. (S328) would amend § 47‑5‑60 of the 1976 Code, relating to inoculating pets against rabies, so as to provide that these inoculations must be administered by a licensed veterinarian or someone under the direct supervision of a licensed veterinarian.  

Provisions for Cost of Animal Care Act. (S223) would 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; would 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 would 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

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Children’s Code  

Child Support Payments. (S245) would amend § 63‑3‑530 of the Code of Laws of South Carolina, 1976, as added by Act 361 of 2008, relating to child support payments, to permit a family court judge to make an order for child support run past the age of eighteen if the child is enrolled and still attending high school, not to exceed high school graduation or the end of the school year after the child reaches nineteen years of age, whichever occurs first.  

Department of Social Services. (S554) would amend § 63‑11‑1950, Code of Laws of South Carolina, 1976, relating to the purpose and duties of the State Child Fatality Committee, so as to provide that the Committee may request the Department of Social Services to open a case on the family where the fatality occurred if the Committee suspects criminal domestic violence, drug abuse, abuse, or neglect in the home and children continue to live in the home.

Family Court. (S170) would 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.

Summer Camps. (S553) would amend the Code of Laws of South Carolina, 1976, by adding Article 13 to Chapter 13, Title 63 so as to provide for the licensure and regulation of summer camps by the Department of Health and Environmental Control; to define summer camps as resident camps and day camps; to prohibit persons who are listed as a perpetrator in the Central Registry of Child Abuse and Neglect, who are required to register under the Sex Offender Registry, or who have been convicted of certain crimes to be licensed to operate a summer camp or to be employed by a summer camp and to provide that is a criminal offense for a person who has been convicted of such a crime to apply for such a license or employment; to require state and federal fingerprint reviews as a prerequisite to licensure and employment; to provide for the issuance of provisional licenses when the applicant meets certain preliminary requirements; to require the Department to conduct an investigation of a summer camp applicant for licensure; to require a summer camp to have a person on site who is certified in first aid and in child-infant cardiopulmonary resuscitation; to require a summer camp to notify the Department when a child dies at the summer camp; to require the Department to establish procedures for receiving complaints; to authorize the Department to conduct investigations and inspections of summer day camps; to provide procedures for issuing correction notices for deficiencies, for obtaining injunctions, and for appeals of Department decisions; to prohibit a person seeking employment in the Department's summer camp licensing program from having been convicted of certain crimes and to provide that it is a criminal offense for a person who has been convicted of such an offense to seek employment; and would amend § 63‑13‑20, relating to definitions in the licensure and regulation of childcare facilities, so as to revise the exemptions from childcare licensure for school camps and summer resident camps.

 Uniform Child Abduction Prevention Act. (S383) would amend the Code of Laws of South Carolina, 1976, by adding Article 5 to Chapter 15, Title 63 so as to enact the "Uniform Child Abduction Prevention Act", to provide a legal mechanism to protect children from credible risks of abduction related to legal custody or visitation.  

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Civil Remedies and Procedures  

Attorney Fees. (S186) would 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.

Gas. (S196) would 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.  

Uniform Interstate Depositions and Discovery Act. (S21) would 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.  

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Civil Remedies and Procedures

Attorney Fees. (S186) would 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.

Gas. (S196) would 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.  

Uniform Interstate Depositions and Discovery Act. (S21) would 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.  

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Constitutional

Amendment Ratification. (S144) would 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.

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Corporations, Partnerships & Associations

Professional Fundraising Counsel. (S652) would amend the Code of Laws of South Carolina, 1976, by adding § 33‑56‑75 so as to require professional fundraising counsel, professional solicitors and commercial co-venturers to maintain lists of donors from campaigns and solicitatons conducted by the solicitor; to provide that these lists are the property of the charitable organization; to restrict the use of donor lists by the campaign solicitor; and to provide civil penalties for violations.

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Corrections, Jails, Probations, Paroles and Pardons  

Department of Corrections; FOIA. (S218) would 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; would 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 would 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.  

Execution Team. (S329) would amend Article 5, Chapter 3, Title 24 of the 1976 Code by adding § 24‑3‑580, to prohibit the disclosure of the identity of members of an execution team and to allow for civil penalties for a violation of the section, and by adding § 24‑3‑590, to prohibit licensing agencies from taking any action to revoke, suspend, or deny a license to any person who participates on an execution team.  

Jail or Detention Center. (H3343) would amend the Code of Laws of South Carolina, 1976, by adding § 24‑5‑180 so as to provide that the administrator of a jail or detention center shall provide an attorney access to his clients who are confined in these facilities during the period of eight o'clock a.m. to six o'clock p.m.  

Local Detention Facility Mutual Aid and Assistance Act. (S217), comprehensive legislation, would make revisions relating to inmates and the Department of Corrections.  

Reduction of Recidivism Act. (S191) would 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; would 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; would 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; would 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; would 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; would 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; would 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; would 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; would 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; would 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; would 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 would 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.

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Counties  

Animal Control Officer. (H3137) would 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.  

County Council. (H3565) would amend § 4‑9‑100, Code of Laws of South Carolina, 1976, relating to county council members holding other offices and the salary and compensation of council members, so as to provide that an ordinance reducing the salary of a council member is effective on third reading of the ordinance, unless provided otherwise.

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Courts

Criminal Justice Academy. (H3333) would amend § 14‑1‑206, as amended, Code of Laws of South Carolina, 1976, relating to additional assessments imposed by general sessions courts, so as to provide an amount to the South Carolina Criminal Justice Academy; and would amend § 14‑1‑207, as amended, relating to additional assessments imposed by magistrates courts, so as to provide an amount to the South Carolina Criminal Justice Academy.

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Crimes and Offenses

Criminal Sexual Conduct. (S107) would 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.  

Home Invasion Protection Act. (S153, similar H3440) would 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; would amend § 16‑1‑60, relating to violent offenses, to include home invasion, first and second degree; and would 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.

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Domestic Relations

Family Court Financial Privacy Act. (S146) would 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 would amend § 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.

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Education

Aiken Technical College Enterprise Campus Authority. (H3316, similar S303) would amend the Code of Laws of South Carolina, 1976, by designating § 59‑53‑1610 as Subarticle 1 and entitled "General Provisions"; and by adding Subarticle 2 to Article 19, Chapter 53, Title 59 so as to provide for the creation of the Aiken Technical College Enterprise Campus Authority, and to provide for its powers and duties.

Certified Athletic Trainers Foundation. (S481), a joint resolution, would create the South Carolina Certified Athletic Trainers Foundation to encourage and assist the local school districts and schools in ensuring that a certified athletic trainer is on staff at each high school and middle school of this state.

Charter School. (H3175) would 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.   Diplomas. (S16, similar S140) would 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 Veterans Affairs.

DMV. (H3530, similar S456) would amend the Code of Laws of South Carolina, 1976, by adding § 56‑15‑361, so as to provide that the Department of Motor Vehicles may impose and collect an administrative fine against licensed motor vehicle dealers who violate certain provisions of law, and provide that the Department shall employ the staff necessary to enforce the provisions contained in this section.   Education Lottery Act. (S110) would 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.

Fairfield County—Treasurer. (S796) would direct the Fairfield County Treasurer to transfer a specified amount of funds to Chester County School District in order to defray the costs to educate certain students who reside in Fairfield County but attend Chester County schools, and to require that the amount of funds delivered to Chester County School District be reexamined every three years and an agreement be entered into between the school district of Fairfield County and Chester County School District for the payment of those funds.

Farm to School Program Act. (H3179) would 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.  

Greenville Technical College Enterprise Campus Authority Act. (H3872, similar S614) would amend the Code of Laws of South Carolina, 1976, by adding Article 26 to Chapter 53, Title 59 so as to enact the "Greenville Technical College Enterprise Campus Authority act", and to provide for the powers and duties of the Greenville Technical College Enterprise Campus Authority.  

Greenwood County—School District 52. (H4051) would authorize the transfer from the Sinking Fund of Greenwood School District 52 to its General Fund a specified sum of money to reimburse the District for amounts paid by it from its General Fund for debt service on a general obligation bond of the District.

Higher Education Revenue Bond Act. (S594, similar H3664) would amend § 59‑147‑30 of the 1976 Code, relating to the issuance of revenue bonds under the provisions of the Higher Education Revenue Bond Act, to clarify those eligible facilities which may be financed under the Act; and would repeal § 59‑147‑120 relating to limitations on the issuance of certain revenue bonds.  

Institution of Higher Learning. (S377) would amend the Code of Laws of South Carolina, 1976, by adding § 59‑103‑200 so as to require a public institution of higher learning to develop a credit card marketing and solicitation policy, to require the policy to be filed with the Commission on Higher Education, to provide considerations for the policy, and to prohibit a public institution of higher learning that has not adopted a policy from allowing a credit card marketer to distribute applications or promotional or marketing materials.  

Interstate Compact on Educational Opportunity for Military Children. (S319, similar H3411) would amend Title 59, Code of Laws of South Carolina, 1976, by adding Chapter 46 so as to enact the "Interstate Compact on Educational Opportunity for Military Children", to provide that the Governor may execute the Compact with other compact states, to provide that the state superintendent of education is the compact commissioner of this state, to establish a Council on Educational Opportunity for Military Children, to provide for the Council's membership, appointments, terms, quorum, leadership, filling of vacancies, and powers and duties, and to provide the terms of the compact.

Police/Security Departments. (S19) would 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; would 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 would repeal § 59‑116‑70, relating to the posting of a bond by a campus police officer before the assumption of their duties.  

Orangeburg-Calhoun College Enterprise Campus Authority Act. (H3457) would amend the Code of Laws of South Carolina, 1976, by adding Article 24 to Chapter 53, Title 59 so as to provide for the Orangeburg-Calhoun Technical College Enterprise Campus, and to provide for its powers and duties.   SC Teacher Protection Act of 2009. (S4) would 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 would 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.

Spartanburg Community College Enterprise Campus Authority Act. (H3551) would amend the Code of Laws of South Carolina, 1976, by designating §§ 59‑53‑1110, 59‑53‑1120, 59‑53‑1130, and 59‑53‑1140 as Subarticle 1 and entitled "Spartanburg County Commission for Technical and Community Education" of Article 14, Chapter 53, Title 59; and by adding Subarticle 2 to Article 14, Chapter 53, Title 59 so as to enact the "Spartanburg Community College Enterprise Campus Authority Act", and to provide for its powers and duties.

Speech-Language Pathologist. (H3254, S672) would amend the Code of Laws of South Carolina, 1976, by adding § 59‑26‑87 so as to provide that certain speech-language pathologists who have received national certification from the American Speech-Language-Hearing Association and who are employed in a South Carolina public school district shall receive a yearly incentive for the life of the certification, and to provide that these incentives must be paid from funds appropriated by the General Assembly for this purpose if available.

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Elections

Candidates. (H3067) would 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 would 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.  

Consolidated Sumter School District. (S773) would amend Act 387 of 2008, as amended, relating to the Consolidated Sumter School District, so as to revise the initial terms of the seven members of the governing board of the District elected in 2010.

Election Dates. (H3579) would amend the Code of Laws of South Carolina, 1976, by adding § 7‑13‑200 so as to provide for quarterly election dates for conducting referenda or other ballot questions for all entities authorized to conduct them.

Horry County—Voting Precincts. (H4055) would amend § 7‑7‑320, as amended, Code of Laws of South Carolina, 1976, relating to the designation of voting precincts in Horry County, so as to revise and rename certain voting precincts of Horry County and redesignate a map number for the map on which lines of these precincts are delineated and maintained by the Office of Research and Statistics of the State Budget and Control Board.

Poll Managers. (H3464) would amend § 7‑13‑110, as amended, Code of Laws of South Carolina, 1976, relating to a poll manager required to be a registered elector and resident of the county in which he is assigned to work, so as to authorize a poll manager to work in another county as long as he is qualified.   Sumter County—Voting Precincts. (S705) would amend § 7‑7‑501, as amended, Code of Laws of South Carolina, 1976, relating to the designation of voting precincts in Sumter County, so as to revise and rename certain voting precincts of Sumter County and redesignate a map number for the map on which lines of these precincts are delineated and maintained by the Office of Research and Statistics of the State Budget and Control Board.

Voting Identification. (H3418, similar H3005) would amend § 7‑13‑710, as amended, Code of Laws of South Carolina, 1976, relating to the presentation of a person's proof of his right to vote, so as to require the elector to produce a valid photo identification card at the time of costing his ballot, to require a poll manager to compare the photograph on the required identification with the person presenting himself to vote and verify that the photograph is that of the person seeking to vote.

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Environmental Protection & Conservation

Energy Efficiency. (S9) would 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.

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Fish, Game & Watercraft

Birds. (H3571) would amend § 50‑11‑840, Code of Laws of South Carolina, 1976, relating to the prohibition against taking or destroying the nests or eggs of wild birds, so as to define the term "active nest" and to provide that the Department may issue permits for the removal of certain active nests.   Boat Livery. (S98) would 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.  

Chandler’s Law; All Terrain Vehicle Safety Act. (H3681) would amend the Code of Laws of South Carolina, 1976, by adding Chapter 26 to Title 50 so as to enact "Chandler's Law" to provide for regulation of the operation of all-terrain vehicles including the requirement that persons fifteen and younger must complete a safety course before they may operate an all-terrain vehicle, to require that vehicles meeting specific standards only may be operated by persons of a certain age, to provide penalties for violations, and to provide that all-terrain vehicles are exempt from ad valorem taxes beginning with calendar year 2009; and by adding Article 9 to Chapter 19, Title 56 so as to provide a procedure for the titling of all-terrain vehicles.

Crappie. (S671) would amend the Code of Laws of South Carolina, 1976, by adding § 50‑13‑400 so as to establish creel and size limits for crappie taken in Lake Murray.

DNR. (S446) would provide that from June 1, 2009, to September 30, 2009, a nonresident may obtain a lifetime combination license from the Department of Natural Resources under certain circumstances.

Field Trials. (S495) would amend § 50‑11‑2100 of the 1976 Code, relating to field trials, to provide that a participant in field trials permitted by the Department of Natural Resources is not required to obtain a hunting license if the participant is not carrying a firearm and no game is taken, and to provide that no field trials may be held outside of the regular season except as permitted by the Department.

Flounder Population Study Program. (S445) would amend Chapter 13, Title 50 of the 1976 Code, relating to the protection of fish, by adding § 50‑13‑2017 to establish the Flounder Population Study Program in Georgetown County, in the waters of Murrells Inlet Estuary, Pawleys Island Estuary, and the Creeks of Litchfield flowing into Pawleys Island Estuary, to set flounder catch limits and prohibit the use of artificial illumination powered by generators, to set penalties for violations of this resolution, and to establish the duration of the Program.

Hunting. (H3541) would amend the Code of Laws of South Carolina, 1976, by adding § 50‑9‑525 so as to establish the requirement and procedures for obtaining bear tags; by adding § 50‑9‑537 so as to require a ten dollar bear draw hunt application fee; by adding § 50‑11‑435 so as to prohibit taking or attempting to take bear weighing less than one hundred pounds and provide applicable penalties; would amend § 50‑9‑920, relating to revenue from the sale of lifetime licenses, so as to define the uses for revenue generated from the sale of bear tags; would amend § 50‑11‑310, as amended, relating to the open season for antlered deer, so as to designate when certain equipment may be used in Game Zone 1; and would amend § 50‑11‑430, relating to bear hunting, so as to redesignate the open season and provide additional penalties.

Watercraft. (S195) would 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.

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General Assembly

Appropriations Bill Earmark Disclosure Act. (S239) would amend the Code of Laws of South Carolina, 1976, by adding § 2‑7‑67 enacting the "Appropriations Bill Earmark Disclosure Act", to provide for the disclosure of information surrounding earmarks requested by members of the General Assembly for inclusion in an appropriations bill, to provide definitions applicable for this disclosure, and to provide for the enforcement of these disclosure requirements.  

Capitol Police Force. (S576) would establish the Capitol Police Force, which would consist of the Capitol Police Force, the Sergeant at Arms of the Senate, the Sergeant at Arms of the House, and the Marshal of the Supreme Court. It would further provide for its functions, powers, duties, and responsibilities.

Joint Military Affairs Review Commission. (H3040, similar S213) would 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.

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Health Care

Abortion. (H3245, similar S437) would amend § 44‑41‑330, as amended, Code of Laws of South Carolina, 1976, relating, among other things, to prerequisites to performing an abortion, so as to provide that if an ultrasound is performed, an abortion must not be performed sooner than twenty-four hours, rather than sixty minutes, following the completion of the ultrasound, to require the woman to be informed of the procedure to be involved and the probable gestational age of the embryo or fetus, and to provide that an abortion may not be performed sooner than twenty-four hours, rather than one hour, after the woman receives certain written materials.  

Commission on Disabilities and Special Needs. (S486) would amend § 44‑20‑210, Code of Laws of South Carolina, 1976, relating to the creation of the Commission on Disabilities and Special Needs, so as to delete obsolete language; would amend § 44‑20‑220, relating to the promulgation of regulations by the Commission on Disabilities and Special Needs, so as to delete the provision requiring the Commission to consult with the Advisory Committee of the Division to which the regulations apply; would amend § 44‑20‑230, relating to the responsibilities of the Director of the Department of Disabilities and Special Needs, so as to delete the provision authorizing the director to appoint and remove employees of the Department; would amend § 44‑20‑240, relating to the creation and responsibilities of the Department of Disabilities and Special Needs, so as to delete the provision transferring the responsibility for autistic services from the Department of Mental Health to the Department of Disabilities and Special Needs; would amend § 44‑20‑350, relating to authorizing the Department of Disabilities and Special Needs to establish charges for services in regulation, so as to require these charges to be established in regulation; would amend § 44‑20‑430, relating to the director carrying out certain responsibilities subject to policies adopted by the commission, so as to provide that carrying out these responsibilities is subject to regulations promulgated by the Department; would amend § 44‑7‑260, as amended, relating to facilities required to be licensed by the Department of Health and Environmental Control and facilities that are exempt from such licensure, so as to require licensure for community-based housing and day programs operated by the Department of Disabilities and Special Needs and to remove community-based housing sponsored, licensed, or certified by the Department of Disabilities and Special Needs from those facilities that are exempt from licensure; would amend Article 23, Chapter 7, Title 44, relating to criminal records checks of direct care staff, so as to further specify the criminal records checks that must be conducted on direct care staff, to provide that a direct care entity includes a day program operated by the Department of Mental Health or the Department of Disabilities and Special Needs, to delete provisions requiring direct caregivers to verify residency for the twelve months preceding applying for employment, to delete provisions authorizing private businesses, organizations, or associations to conduct criminal history background checks required by this Article, and to delete provisions relating to certain fingerprint forms and procedures; and would repeal § 44‑20‑225 relating to consumer advisory boards for the Department of Disabilities and Special Needs' Mental Retardation, Autism, and Head and Spinal Cord Injury Divisions and Article 5, Chapter 20, Title 44 relating to the licensure and regulation of facilities and programs by the Department of Disabilities and Special Needs.  

Dental Health Education. (S286) would amend the Code of Laws of South Carolina, 1976, by adding Chapter 8 to Title 44 so as to require the Department of Health and Environmental Control to implement a targeted community health program in three to five counties of need for dental health education, screening, and treatment referrals in public schools for children in kindergarten, third, seventh, and tenth grades or upon entry into public schools, to require program guidelines to be promulgated in regulations, to require an acknowledgment of dental screening to be issued upon completion of the screening and to require this  acknowledgment to be presented to the child's school, to require notification to the child's parent if professional attention is indicated by the screening and if authorized by the child's parents, to provide notification to the community health coordinator to facilitate further attention if needed, and to provide that a screening must be completed unless a child's parent completes an exemption form.  

DHEC. (S337) would amend § 44‑1‑60, Code of Laws of South Carolina, 1976, relating to appeals from Department of Health and Environmental Control decisions giving rise to contested cases, so as to further provide procedures for review of certificate of need decisions and contested case hearings; would amend § 44‑7‑130, relating to the definition of terms used in the State Certificate of Need and Health Facility Licensure Act, so as to revise, delete, and add certain definitions; would amend § 44‑7‑150, relating to duties of the Department in carrying out the purposes of the certificate of need program, so as to further specify the establishment and collection of fees for this program, including the Department retaining fees in excess of seven hundred fifty thousand dollars for the administration of this program; would amend § 44‑7‑160, relating to activities and services required to obtain a certificate of need, so as to revise and eliminate certain activities and services; would amend § 44‑7‑170, as amended, relating to exemptions from the certificate of need process, so as to revise, eliminate, and add to these exemptions; would amend § 44‑7180, relating to the composition of the Health Planning Committee, so as to add two members to the Committee; would amend § 44‑7‑190, relating to project review criteria used in the certificate of need process, so as to prescribe the use of weighted criteria; would amend § 44‑7‑200, relating to the application process for a certificate of need, so as to correct provisions inconsistent with current state law and to prohibit officials from communicating with the Department once a certificate of need application has been filed; would amend § 44‑7‑210, relating to certificate of need review procedures, so as to revise these procedures and to further specify review and contested case procedures for certificate of need cases; would amend § 44‑7‑220, relating to judicial review of the Department of Health and Environmental Control Board decisions, so as to correct procedures inconsistent with current law and to further provide for judicial review of administrative law court certificate of need decisions; would amend § 44‑7‑230, relating to various requirements for and limitations of a certificate of need, so as to provide that a certificate of need is valid for one year from issuance, rather than for six months and to provide that extensions may be granted for nine months, rather than for six months; would amend § 44‑7‑260, as amended, relating to certain facilities and services required to be licensed by the Department of Health and Environmental Control, so as to delete chiropractic inpatient facilities and to add birthing centers; would amend § 44‑7‑270, relating to annual health facility licensure, so as to authorize the Department to prescribe in regulation periods for licensure and renewal and to authorize imposing an additional fee for facility inspections; would amend § 44‑7‑280, relating to the issuance of health facility licenses by the Department, so as to authorize the Department to provide in regulation for periods of licensure; would amend § 44‑7‑315, as amended, relating to the disclosure of information obtained by the Department through health licensing, so as to make technical corrections; would amend § 44‑7‑320, relating to grounds for the denial, suspension, or revocation of licenses and the imposition of fines, so as to allow both sanctions against a license and the imposition of a fine; by adding § 44‑7‑225 so as to provide that the administrative law court shall consider the South Carolina health plan in effect when a certificate of need application was filed and may consider the plan in effect when making its decision; by adding § 44‑7‑285 so as to require health care facilities to notify the Department of change in facility ownership; by adding § 44‑7‑296 so as to authorize the Department to enter all licensed and unlicensed health care facilities to inspect for compliance with state law; and would repeal § 44‑7‑185 relating to a task force under the Health Care Planning and Oversight Committee, to study heart surgery and therapeutic heart catheterizations.  

Disabilities and Special Needs Department. (H3314) would amend §§ 1‑30‑35, 44‑20‑30, 44‑20‑210, 44‑20‑220, 44‑20‑225, 44‑20‑240, 44‑20‑320, 44‑20‑350, 44‑20‑360, 44‑20‑430, 44‑20‑1120, 44‑20‑1130, 44‑20‑1140, 44‑20‑1150, 44‑20‑1160, 44‑20‑1170, Code of Laws of South Carolina, 1976, all relating to the Department of Disabilities and Special Needs, so as to provide that the Department is headed and governed by a director appointed by the Governor with the advice and consent of the Senate, and that the South Carolina Commission on Disabilities and Special Needs serves as an advisory board to the director; and would repeal § 44‑20‑230 relating to powers and duties of the director.  

Meat. (H3718) would amend the Code of Laws of South Carolina, 1976, by adding § 44‑1‑148 so as to prohibit the resale of fresh or frozen meat or meat products sold to and returned by a consumer.  

Tattoos. (S188) would 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.  

Underground Storage Tanks. (H3270) would amend § 44‑2‑60, Code of Laws of South Carolina, 1976,relating to the registration of underground storage tanks, so as to establish new annual renewal fees and to require that the additional revenue generated from the tank fee increases be deposited into the Superb Account.

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Highways, Bridges & Ferries  

Highway Naming. (H3084) would 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.  

Toll Roads. (H3268, similar, S413) would amend § 12‑28‑2920, Code of Laws of South Carolina, 1976, relating to the construction of toll roads, so as to revise the method of disbursal of funds derived from tolls, to provide for the disbursal of funds derived from qualified toll projects, to provide when tolls collected from qualified toll projects shall cease, and to define the term "qualified toll project"; and would amend § 57‑3‑200, relating to the Department of Transportation's authority to enter into agreements to finance, construct, and maintain highways, roads, streets, and bridges, so as to provide guidelines for the Department's expenditure of funds on qualified toll projects and the setting of tolls along transportation facilities.

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Insurance  

Health Care Accessibility for Young Americans Act. (S416) would enact the "Health Care Accessibility for Young Americans Act", including provisions to amend the Code of Laws of South Carolina, 1976, by adding § 38‑71‑295 so as to provide health insurance coverage under a parent's policy for certain military personnel on termination of active duty status, among other things; by adding § 38‑71‑300 so as to define the terms "dependent" and "eligible dependent" for health insurance policies issued in this state; would amend § 38‑71‑350, relating to the required continuation of coverage for handicapped children under a parent's individual policy, so as to make conforming changes; would amend § 38‑71‑360, relating to the required continuation of coverage for nonhandicapped children under a parent's individual policy, so as to make conforming changes; would amend § 38‑71‑780, relating to the required continuation of coverage to handicapped and dependent children under a parent's group policy, so as to make conforming changes; and would amend § 38‑71‑1330, as amended, relating to definitions concerning small employer health insurance, so as to make conforming changes.  

Health Care Insurance. (H3371) would amend the Code of Laws of South Carolina, 1976, by adding § 38‑71‑243 so as to regulate a provider of health care and the issuer of individual health insurance when an issuer negotiates rates with a provider for covered health care services and then terminates or otherwise nonrenews the provider's contract.  

Healthnet Program Act. (S455, similar S201, H3875) would 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 of small employer groups and health group cooperatives regardless of health status or claims experience, 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 small 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 small group health insurers shall offer and market plans developed by the South Carolina Healthnet Program; to provide for health benefit plan standards; to provide for eligibility standards and provide exceptions; to provide for termination and nonrenewal of coverage; to provide for claims data to be reported to the program; to require the board to submit a report regarding the implementation of 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.  

Insurance. (S202) would 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; would amend § 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; would 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; would 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; would amend § 38‑10‑40, relating to the protected cell assets of a protected cell, so as to change a code reference; would 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 would amend § 38‑55‑80, relating to loans to directors or officers by an insurer, so as to change a code reference.  

Life Settlements Act. (S636) would amend the Code of Laws of South Carolina, 1976, by adding Chapter 64 to Title 38 so as to enact the "Life Settlements Act"; to provide for the regulation of a life settlement contract; to provide for the protection of persons entering into these agreements regarding contractual and property rights of a life insurance policy owner and authorize the director of insurance to enforce the provisions of this Chapter; to provide for the licensing of a broker or producer to enter into life settlement contracts; to provide for the suspension, revocation, or refusal to renew these licenses; to provide for contract requirements, reporting and privacy requirements; to authorize the director to examine the business and affairs of a licensee or applicant, provide for examination reports and confidentiality of examination information, prohibit conflict of interest by an examiner, and provide for immunity from liability; to provide for advertising requirements of a broker or licensed provider; to provide for certain disclosures to an owner; to provide disclosure by a proposed owner of a life insurance policy if the owner intends to pay premiums with the assistance of financing from a lender that will use the policy as collateral to support the financing; to require a provider entering into a life settlement contract with an owner of the policy where the insured is terminally or chronically ill to obtain certain information; to authorize the director to promulgate regulations to implement and effectuate the provisions of this Chapter; to provide for prohibitive practices, fraud prevention, and control; and to provide penalties for violations.  

Medical Malpractice Insurance. (S168) would 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.  

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Labor & Employment  

Department of Labor, Licensing, and Regulation. (S374) would amend § 41‑1‑10, as amended, Code of Laws of South Carolina, 1976, relating to posting notices concerning the employment of adults and children in places of employment, so as to delete the provision requiring notice to be posted in every room where five or more persons are employed; would amend § 41‑3‑10, as amended, relating to the Division of Labor within the Department of Labor, Licensing and Regulation and to the appointment and duties of the director of the Department, so as to delete the provision establishing the Division of Labor; would amend § 41‑3‑40, as amended, relating to the director of the Department of Labor, Licensing and Regulation, so as to delete the reference to regulations pertaining to the Division of Labor; would amend §§ 41‑3‑50, 41‑3‑60, 41‑3‑100, and 41‑3‑120, all as amended, all relating to various duties of the director of the Department of Labor, Licensing and Regulation, so as to make technical corrections; and would repeal §§ 41‑1‑40, 41‑1‑50, 41‑3‑80, 41‑15‑10, and 41‑15‑50; Article 5, Chapter 3, Title 41; Chapter 21, Title 41; and Chapter 23, Title 41 all relating to various obsolete provisions pertaining to the Department of Labor, Licensing and Regulation.

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Law Enforcement & Public Safety

Homeowner’s Association. (H3987) would provide that in Florence County a person must obtain permission from the governing body of a homeowner's association or a residential subdivision before he may discharge a firearm on any property owned by or under the control of the homeowner's association or the residential subdivision, to provide a fine for the violation of the section, and to provide that a fine may not be imposed upon a person whose discharge of a firearm is covered by a legal defense.  

Hydrogen Permitting Act. (H3835) would amend the Code of Laws of South Carolina, 1976, by adding Article 5 to Chapter 9, Title 23 to enact the "South Carolina Hydrogen Permitting Act" so as to create the State Hydrogen Permitting Program and to state the purpose of the Program; to provide certain definitions; to provide that only the state fire marshal may permit a hydrogen facility in this state, but may delegate this authority to a county or municipal official in specific circumstances; to provide the duties and obligations of the state fire marshal under the Act; to provide requirements for a party seeking to renovate or construct a hydrogen facility; to provide the state fire marshal may impose certain fees related to permitting, licensing, and inspecting under the Act; to provide penalties for a person who conveys or attempts to convey hydrogen in violation of the Act; and would amend § 23‑9‑20, relating to duties of the state fire marshal, so as to provide the state fire marshal shall supervise enforcement of the South Carolina Hydrogen Permitting Program.  

Missing Person Reports. (H3719, similar S174, H3817) would amend § 23‑3‑240, Code of Laws of South Carolina, 1976, relating to the submission of a missing person report to the missing person information center, so as to provide that any person responsible for a missing person, may submit a missing person report; would amend § 23‑3‑250, relating to the dissemination of missing person report data, so as to provide that any person responsible for a missing person report to a law enforcement agency; would amend § 23‑3‑270, relating to the duty of a person who submits a missing person report to a law enforcement agency or the missing person information centers to notify both entities of the location of an individual contained in the report whose location has been determined, so as to provide that any person responsible for a missing person may submit a missing person report to a law enforcement agency or to the missing person information center; and by adding § 23‑3‑330 so as to establish a statewide system for the rapid dissemination of information regarding a missing person who is believed to be suffering from dementia or other cognitive impairment.

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Local Government

Beaufort County. (H4020) would convey to Beaufort County standing to bring legal action against a county whose geographic boundaries are contiguous to Beaufort's when a contiguous county's traffic congestion or storm water runoff adversely affects the citizens of Beaufort County.

Local Planning Commissions. (S249) would amend Chapter 29, Title 6 of the 1976 Code, by adding § 6‑29‑1153 to provide that a governing body and a local planning commission servicing an area in a high growth county must provide the local school district land development applications that include residential housing which meet certain criteria; and would require the superintendent and board of trustees of the school district to determine whether a particular project will result in a substantial impact on the district's ability to provide services to the additional student population and to prepare a report to the governing body and the local planning commission detailing the impact and need for additional resources.

Seismic and Wind Maps. (S791) would require the South Carolina Building Codes Council to adopt certain seismic and wind maps for the state until the year 2012 when the International Residential Code (IRC) is adopted in this state; and would amend § 6‑9‑40, as amended, Code of Laws of South Carolina, 1976, relating to the building code adoption procedure, so as to provide that the community may opt out of these building

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Magistrates & Constables  

Arrest Warrants. (S. 282) would amend § 22‑5‑110, Code of Laws of South Carolina, 1976, related to magistrates' powers and duties regarding the issuance of arrest warrants and courtesy summons, so as to provide that no arrest warrant shall be issued for the arrest of a person unless sought by a member of a law enforcement agency acting in their official capacity; and to provide that if an arrest warrant is sought by someone other than a law enforcement officer, the court must issue a courtesy summons, except when a business is seeking an arrest warrant for any offense against the business or a person is seeking an arrest warrant for a fraudulent check, if the fraudulent check is presented to the magistrate at the time the warrant is sought.

 Execution of Warrants. (S118) would 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.

Laurens County—Jury Areas. (H4048) would amend § 22‑2‑190, Code of Laws of South Carolina, 1976, relating to the county jury area designations for use in magistrates courts, so as to revise the jury areas for Laurens County to provide for one jury area countywide.

Magistrates Court. (H3845) would amend § 22‑3‑1000, Code of Laws of South Carolina, 1976, relating to the time for a motion for new trial and appeal in magistrates court, so as to increase the time period in which a motion for a new trial may be made from five to ten days.

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Motor Vehicles  

Ambulances. (H3094, similar S117) would 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 circumstances and to provide a penalty.  

Driver’s License. (S288) would amend Chapter 1, Title 56 of the 1976 Code, by adding § 56‑1‑146 to provide that a person who is convicted of a violent crime must surrender his driver's license or special identification card to the court which must transmit it to the Department of Motor Vehicles together with notice of the crime and to provide that the driver's license or special identification card is considered revoked and must not be returned to the person under certain circumstances; would amend by adding § 56‑1‑148 to provide that a person convicted of a violent crime must have a special code affixed to the reverse side of his driver's license or special identification card that identifies the person as having been convicted of a violent crime, to provide a fee to be charged for affixing the code and for its distribution, and to provide a process for removing the code; would amend § 56‑1‑80, relating to the contents of a driver's license application, to provide that the application must contain a statement to determine whether the applicant has been convicted of a violent crime; and would amend § 56‑1‑3350, relating to the issuance of a special identification card by the Department of Motor Vehicles, to provide that the application for a special identification card must contain a statement to determine whether the applicant has been convicted of a violent crime.  

Driver’s License. (S775) would amend § 56‑1‑130, as amended, relating to classified driver's licenses, so as to provide that an operator of a motorcycle three-wheel vehicle is only required to have a basic driver's license or a motorcycle license, rather than a motorcycle license with a special endorsement.

Golf Carts. (H3823) would provide that residents of the towns of St. George and Harleyville, who own golf carts that may be operated along certain primary highways or streets, may operate them along certain highways and streets within their respective jurisdictions in a two-mile radius of their residences or places of business, and to provide that during nighttime hours, the golf cart must be operated with working headlights and taillights.   Mobile Homes. (S412) would amend § 56‑19‑290 of the 1976 Code, relating to the contents of a certificate of title issued by the Department of Motor Vehicles, to provide that the title and bill of sale for a mobile home must contain a statement advising a purchaser of a mobile home to consult with the county assessor's office to determine if there are back taxes due on the mobile home, and the seller must certify, under penalty of perjury, that he has made the purchaser aware of any taxes that are due on the mobile home; and would amend Chapter 45, Title 12, relating to the collection of taxes, by adding § 12‑45‑440, to provide that the governing body of a county by resolution may waive back taxes due on a mobile home, including late payment penalties, for property tax years beginning after 2009.   Motor Vehicle Fees. (S13) would 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.

Motor Vehicle Stop. (S562) would amend § 56‑5‑750, Code of Laws of South Carolina, 1976, related to the failure of a driver to stop a motor vehicle when signaled by a law enforcement vehicle, so as to provide that a driver may proceed to a reasonably close and safe location before stopping.

Smoking. (S23) would 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.  

Special License Plates. (S120, similar H3134, H3820) would 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).  

Special Restricted Driver’s License. (H3080, similar H3285) would 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.  

Vehicle Registration. (S185) would 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.

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Municipal Corporations  

Election Commissioners and Staff. (H3630) would amend § 5‑15‑90, Code of Laws of South Carolina, 1976, relating to appointment of a municipal election commission in each municipality to conduct municipal elections, so as to require all election commissioners and staff to complete a training and certification program conducted by the State Election Commission. 

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Probate

Personal Property. (S382) would amend the Code of Laws of South Carolina, 1976, by adding § 62‑2‑805 so as to provide for a presumption that a decedent and the decedent's spouse held tangible personal property in a joint tenancy with right of survivorship, for exceptions to the presumption, and for the standard of proof to overcome the presumption.

Trusts. (S372) would amend § 62‑2‑207, as amended, Code of Laws of South Carolina, 1976, relating to the determination of an elective share of a spouse, so as to clarify that an interest as a beneficiary in a testamentary trust or in property passing to an inter vivos trust through the decedent's will is a beneficial interest chargeable to the elective share; and would amend § 62‑7‑401, as amended, relating to creation of a trust, so as to provide for the inclusion of a surviving spouse's beneficial interests in trust property in calculating the elective share.

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Professions & Occupations

Assessors. (S406) would amend § 40‑60‑35 of the 1976 Code, relating to continuing education requirements for assessors, to reduce the number of hours of instruction each year for assessors with an active license or certification from nine hours to seven hours, and to make technical changes.  

Professional Employer Organizations. (S484) would amend the Code of Laws of South Carolina, 1976, by adding § 40‑68‑95 so as to provide de minimis operations licensure requirements for nonresident professional employer organizations and groups; would amend § 40‑68‑30, as amended, relating to licensure requirements for professional employer organizations, so as to increase application fees and to require an application fee for each company in a professional employer organization group; would amend § 40‑68‑40, as amended, relating to qualifications to be licensed as a professional employer organization and qualifications to serve as a controlling person of a licensee, so as to delete a provision authorizing issuance of a nonresident restricted license without the requisite two years experience, to make technical corrections, and to delete obsolete language; would amend § 40‑68‑45, relating to continuing education, so as to provide that the holder of a de minimis operations license is not required to take continuing education, to revise the definition of "key personnel" for certain purposes, and to delete obsolete language; would amend § 40‑68‑50, as amended, relating to licensure and renewal fees, so as to revise initial and renewal license fees, to delete nonresidint professional employer organization license and renewal license fees, and to delete provisions stating maximum licensure fees; would amend § 40‑68‑90, as amended, relating to restricted licensure of nonresident companies and groups, so as to revise the requirements for a restricted license and to authorize the Department of Consumer Affairs to waive the audited financial statement requirement for such applicants; would amend § 40‑68‑100, as amended, relating to issuance and validity of licenses, so as to clarify the initial licensure period; would amend § 40‑68‑120, as amended, relating to requirements for various benefit programs for licensees, including workers' compensation plans and health benefit plans, so as to require both plans to be licensed with the Department of Insurance; would amend § 40‑68‑140, as amended, relating to requirements for licensee name and location changes, so as to also require a licensee to provide the Department with other changes in status as may be required; would amend § 40‑68‑160, as amended, relating to grounds for disciplinary action and disciplinary procedures, so as to further specify procedures for pursuing a contested case; would amend § 40‑68‑165, as amended, relating to the Department of Consumer Affairs or the Attorney General enforcing this Chapter by filing an action in the circuit court, so as to also authorize filing an action in the administrative law court; and would amend § 12‑54‑240, as amended, relating to the prohibition against disclosing records of and returns filed with the Department of Revenue and exceptions to this prohibition, so as to include in this exception the disclosure of information related to payroll withholding taxes to the Department of Consumer Affairs in conjunction with the Department Licensing and Regulation of professional employer organizations.

State Board of Pyrotechnic Safety. (S454) would amend Chapter 56, Title 40, Code of Laws of South Carolina, 1976, relating to the State Board of Pyrotechnic regulations, so as to revise the chapter title, to provide state policy concerning pyrotechnics, to increase the State Board of Pyrotechnic Safety from six to seven members, to define terms, to require licensure for the manufacturing, sale, or storage of fireworks, to authorize the Department of Labor, Licensing and Regulation, fire chiefs, and law enforcement officers to investigate complaints, to provide grounds for disciplinary action, to require liability insurance, to require reporting of fires and explosions, to provide criminal and civil penalties for violations, and to further provide for the licensure and regulation of persons handling fireworks.

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Property & Conveyances  

Multi-Family Dwellings. (H3247) amends the Code of Laws of South Carolina, 1976, by adding § 27‑40‑445 so as to provide a landlord of a multi-family dwelling may employ certain equipment or methodology to determine the quantity of water provided to each single-family residence within the dwelling, and to provide the landlord may charge a tenant for water and wastewater used by his single-family residence, and to provide exceptions; would amend § 27‑40‑210, relating to general definitions in the Residential Landlord and Tenant Act, so as to define a multi-family dwelling; and would amend § 27‑40‑440, relating to a landlord's obligations, so as to provide specific requirements pertaining to the provision of central heat and hot water to a multi-family dwelling.  

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Public Finance  

General Reserve Fund. (H3395, similar H3558) would amend § 11‑11‑310, as amended, Code of Laws of South Carolina, 1976, relating to the General Reserve Fund, so as to make conforming amendments to reflect any change in the amount required to be held in the General Reserve Fund pursuant to the Constitution of this state and the rate of replenishment of that amount.

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Public Officers & Employees  

Campaign Funds. (H3706) would amend § 8‑13‑1348, Code of Laws of South Carolina, 1976, relating to the use of campaign funds for personal expenses, so as to authorize a debit card drawn upon the campaign account may be used on expenditures more than twenty-five dollars in addition to a written instrument.

Police. (H3467) would amend § 8‑11‑83, as amended, Code of Laws of South Carolina, 1976, relating to payroll deduction for dues of the State Employees' Association and the South Carolina Troopers' Association, so as to also authorize a payroll deduction for dues of the South Carolina Fraternal Order of Police.

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Public Records  

Register of Deeds. (S654) would amend § 30‑5‑10, as amended, Code of Laws of South Carolina, 1976, relating to the performance of the register of deeds' duties by the clerk of court in certain counties, so as to provide Lancaster County has a separate clerk of court and register of deeds; would amend § 30‑5‑12, as amended, relating to the appointment of the register of deeds in certain counties, so as to provide the governing body of Lancaster County shall appoint the register of deeds for Lancaster County; and would repeal Act 454 of 2000 relating to the transfer of the duties of the register of deeds in Lancaster County to the records management director of Lancaster County.

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Social Services  

Adult Abuse. (H3358, similar S361) would amend § 43‑35‑10, as amended, Code of Laws of South Carolina, 1976, relating to the definition of terms used in the Omnibus Adult Protection Act, so as to revise the definitions of "investigative entity" and "neglect"; would amend § 43‑35‑40, as amended, relating to requirements of an investigative entity upon receiving a report of adult abuse, so as to further specify and clarify procedures for reporting cases in which there is a reasonable suspicion of criminal conduct; and would amend § 43‑35‑85, as amended, relating to criminal penalties for failing to report adult abuse when required to report, so as to delete provisions authorizing disciplinary action when a person who has reason to believe that abuse occurred fails to report and to establish criminal penalties if a caregiver, due to reckless disregard for the health or safety of a vulnerable adult, neglects or causes great bodily injury or death to a vulnerable adult.

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Taxation

Cigarette Tax. (H3584, similar H3470, H3486) would amend the Code of Laws of South Carolina, 1976, by adding § 12‑21‑625 so as to impose a surtax on each cigarette in an amount of two and one-half cents, provide for the crediting of the revenue from the surtax to the Smoking Prevention and Cessation Trust Fund, the Department of Agriculture for marketing and branding state-grown crops and to assist in relief from natural disasters affecting state-grown crops, the South Carolina Healthy Families Insurance Trust Fund, and the Palmetto Health Care Safety Net Trust Fund, provide for reporting, payment, collection, and enforcement of the surtax, and define "cigarette"; would amend § 12‑21‑620, relating to the original cigarette tax, so as to conform definitions; by adding § 11‑11‑230 so as to create and establish in the state treasury the Smoking Prevention and Cessation Trust Fund, the South Carolina Healthy Families Insurance Trust Fund, and the Palmetto Health Care Safety Net Trust Fund, all so as to receive deposits of the revenues from the cigarette surtax as specified; by adding Chapter 62 to Title 38 so as to create and establish the South Carolina Healthy Families Insurance Plan, providing for a premium credit not to exceed three thousand dollars to an eligible individual or employer toward the purchase of a qualifying health insurance plan, describing eligibility requirements and the certification process, defining the qualifying individually or employer-sponsored insurance plans, and providing for administration and reporting by the Department of Insurance; and would amend by adding § 38‑74‑75 so as to create the Palmetto Health Care Safety Net Program, establishing a self-sustaining and financially independent portion of the premium assistance pool, and providing for eligibility requirements, administration, and reporting by the Department of Insurance and operating guidelines.

Property Tax Exemptions. (S405, similar H3993) would amend § 12‑37‑220 of the 1976 Code, relating to property tax exemptions, to clarify that a watercraft and its motor may not receive a forty-two and 75/100 percent exemption if the boat or watercraft is classified as a primary or secondary residence for property tax purposes; would amend § 12‑37‑224, relating to boats as a primary or secondary residence, to provide that a boat or watercraft that contains a cooking area with an onboard power source, a toilet with exterior evacuation, and a sleeping quarter, shall be considered a primary or secondary residence for purposes of ad valorem property taxation in this state; and would amend § 12‑37‑714, relating to boats with a situs in this state, to provide that upon an ordinance passed by the local governing body, a county may subject a boat, including its motor if the motor is separately taxed, to property tax if it is within this state for ninety days in the aggregate, regardless of the number of consecutive days.

Real Property Valuation. (H3272, similar H3007, H3130) would 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 and to require the fifteen percent limit on increases in value to be calculated separately on land and improvements; would amend § 12‑37‑3150, as amended, relating to the time an assessable transfer of interest occurs, so as to revise the penalty for failure to provide notice or failure to provide accurate notice to the assessing authority of business entity transfers; would amend § 12‑43‑220, as amended, relating to the classification and valuation of property for purposes of the property tax, so as to provide residential real property held in trust does not qualify as a legal residence unless a named individual beneficiary under the trust occupies the residence as that named beneficiary's legal residence and that individual beneficiary's name appears on the deed to the residence and require social security numbers of applicants for the legal residence assessment ratio; and would amend § 40‑60‑35, relating to continuing education requirements for assessors, so as to revise the requirement.  

Tax Credits. (S690, similar H3953) would amend the Code of Laws of South Carolina, 1976, by adding § 12‑6‑3760, so as to allow a state tax credit for employers hiring an unemployed individual receiving unemployment compensation benefits, to provide the amount of the credit, those taxes against which the credit is allowed, and the eligibility requirements for creditable employees, to provide for the administration of the credit, and to provide that the credit is allowed for eligible individuals hired after June 30, 2009, and before July 1, 2010, and extends for twenty-four months for each creditable employee.

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Trade & Commerce

Lenders. (S132) would 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.  

Motor Fuel Terminals. (H3707, similar S612) would amend the Code of Laws of South Carolina, 1976, by adding § 39‑41‑235 so as to require motor fuel terminals to offer for sale products that are suitable for subsequent blending either with ethanol or biodiesel; to prohibit a person or entity from taking an action to deny a motor fuel distributor or retailer from being the blender of record; to require motor fuel distributors, retailers, and refiners to utilize the renewable identification number; and to declare violations an unfair trade practice.   Unfair Trade Practice. (S198) would 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.

Unfair Trade Practice. (S198) would 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.

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Workers' Compensation

Firefighters. (S362) would amend § 42‑11‑30 of the 1976 Code, relating to firefighters covered under workers' compensation law and the presumption regarding impairment or injury from heart disease and/or respiratory disease, to provide that the impairment or injury is considered to have arisen out of and in the course of employment if they have successfully passed a physical exam within the last ten years.

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