Legislative Update
January 9, 2007
Vol. 24, No. 01

South Carolina House of Representatives
Robert W. Harrell, Jr., Speaker of the House

OFFICE OF RESEARCH
Room 213, Blatt Building, P.O. Box 11867, Columbia, S.C. 29211, (803) 734-3230


CONTENTS

Bills Introduced in the House
Agriculture, Natural Resources and Environmental Affairs

Education and Public Works

Judiciary

Labor, Commerce and Industry

Medical, Military, Public and Municipal Affairs

Ways and Means

NOTE: Bill summaries included in this document are prepared by the staff of the South Carolina House of Representatives and are not the expression of the legislation's sponsor(s) or the House of Representatives. The summaries are strictly for the internal use and benefit of members of the House of Representatives and are not to be construed by a court of law as an expression of legislative intent.


Legislative Update, January 9, 2007

BILLS INTRODUCED IN THE HOUSE

AGRICULTURE, NATURAL RESOURCES, AND ENVIRONMENTAL AFFAIRS

H.3020 HIKING AND EQUESTRIAN ACTIVITIES IN HERITAGE PRESERVES OR OTHER STATE NATURAL AREAS Rep. Clemmons
This bill permits hiking and equestrian activities in all heritage preserves or other natural areas maintained for the use and enjoyment of the general public by the Department of Natural Resources. The bill allows fees to be imposed for these activities and provides that the monies derived from these fees must be used to offset the cost of maintenance and infrastructure improvements to these areas.

H.3021 GAME ZONES Rep. Coleman
To the extent the board or the Department of Natural Resources has the authority and responsibility under law to set the open and closed seasons for the taking of fish or game, the bag or size limits for fish or game taken, or any other conditions or limitations regarding the taking of fish or game except for dog driving, this legislation provides that these seasons, bag or size limits, or other conditions or limitations must be the same for all game zones which the board or department sets and must be consistent with the provisions for a majority of other game zones which are set by law.

H.3150 CATCH LIMITS ON SALTWATER CERTAIN GAMEFISH Rep. Limehouse
This bill makes numerous revisions with regards to catch limits for certain saltwater gamefish.

EDUCATION AND PUBLIC WORKS

H.3006 BICYCLES Rep. J.E. Smith
This bill amends the statutory definition of "bicycle" and amends traffic regulations relating to bicycles.

H.3030 RURAL COMMUNITY WATER DISTRICTS Rep. J.R. Smith
This bill adds provisions so as to authorize a rural community water district to provide a sewage collection system within the district.

H.3039 YORK COUNTY SCHOOL DISTRICT OPENING DATE Rep. Kirsh
This bill authorizes the York County School District Board of Trustees to establish the opening date for school to begin.

H.3055 TEACHER PREPARATION PROGRAM EVALUATION Rep. Davenport
This bill requires and provides for an evaluation of effectiveness of institutions of higher education that have teacher preparation programs.

H.3086 DRIVER'S LICENSES FOR PERSONS WHO WEAR BIOPTIC TELESCOPIC LENSES FOR VISION ASSISTANCE Rep. Barfield
This bill provides that under certain specified conditions, a person diagnosed with low vision acuity who uses bioptic telescopic lenses for vision assistance may be issued a driver's license by the Department of Motor Vehicles.

H.3087 PERSONS NOT REQUIRED TO WEAR SAFETY BELTS Rep. Pinson
This bill adds newspaper carriers to the list of persons who are not required to wear a safety belt.

H.3097 VIRTUAL SCHOOLS Rep. Rice
This bill authorizes and provides for the State Board of Education to establish the South Carolina Virtual School Program to provide South Carolina students access to distance, on-line, or virtual learning courses. The bill also requires the State Board of Education, through an on-line pilot program, to examine and report to the General Assembly on the feasibility of providing services of the South Carolina Virtual School Program to students enrolled in adult education programs.

H.3099 GED CERTIFICATE PROGRAM AT GREENVILLE TECHNICAL COLLEGE Rep. Leach
This bill authorizes and provides for the establishment of a general education development (GED) program at Greenville Technical College.

H.3105 SCHOOL OPEN DATE Rep. Kirsh
This bill deletes the requirement that the school opening date for students, except for schools operating on a year-round modified school calendar, must not be before the third Monday in August.

H.3106 FREE TUITION FOR CHILDREN OF VETERANS Rep. G.R. Smith
This bill deletes the maximum age limit relating to free tuition for children of certain veterans.

H.3110 REQUIREMENTS TO ENROLL A CHILD IN PUBLIC SCHOOL Rep. Viers
This bill adds to the requirements to enroll a child in a public school by providing that an adult seeking to enroll a child shall sign an affidavit attesting that the child is lawfully present in the State pursuant to federal law.

H.3124 PUBLIC SCHOOL OPEN ENROLLMENT CHOICE PROGRAM Rep. Walker
This bill establishes and provides for an open enrollment choice program within South Carolina's public school system. This program, beginning with the 2008-2009 school year, allows a parent residing in this State to enroll a child in a public school in any school district without the requirement of payment of tuition.

H.3131 SPECIAL LICENSE PLATES FOR RETIRED MEMBERS OF CONGRESS Rep. Harrell
This bill authorizes and provides for the issuance of special motor vehicle license plates to retired members of the United States Congress.

H.3133 PERSONS EXEMPT FROM WEARING SEAT BELTS Rep. Leach
This bill requires the Department of Motor Vehicles to issue to the owner of a motor vehicle who is exempt from wearing a safety belt a decal verifying that the owner is not required to wear a safety belt. The decal must be affixed to the vehicle's license plate.

H.3155 TERMS OF AERONAUTICS COMMISSION MEMBERS Rep. Walker
This bill provides that a member of the Aeronautics Commission may succeed himself on the commission for a second term, but may not serve more than two consecutive terms. The bill further provides that after serving two consecutive terms, a commission member may not be eligible to serve on the commission until four years after the expiration of his second term.

H.3158 PERSONS EXEMPT FROM WEARING SEAT BELTS Rep. Toole
This bill provides that a driver who possesses a written verification from a physician that he is unable to wear a safety belt for a physical or medical reason must be provided a decal that must be affixed to his driver's license indicating that he is exempt from seat belt requirements.

H.3160 HOME SCHOOLING Rep. Toole
This bill requires that a public school shall provide a parent, upon request, a complete home schooling information package as described in the bill.

H.3161 SCHOOL BUS PROVISIONS Rep. Walker
This bill adds provisions regarding maximum continuous school bus ride time for a student; requirements for school bus drivers; requirements for parents and guardians regarding transport of students; requirements regarding seating capacity on school buses; requirements regarding inspection of school buses; requirements regarding hazardous traffic conditions; and requirements for transporting certain eligible four-year old children.

H.3162 SOUTH CAROLINA TEACHER LOAN PROGRAM POLICY BOARD OF GOVERNANCE Rep. Walker
This bill requires and provides for the State Commission on Higher Education to establish, appoint, and maintain the South Carolina Teacher Loan Program Policy Board of Governance. The bill provides that this board's responsibilities shall include but not be limited to establishing goals for the Teacher Loan Program; facilitating communication among cooperating agencies; advocating for Teacher Loan Program participants; and marketing the Teacher Loan Program.

H.3166 NAMING HIGHWAY FACILITY IN HONOR OF AN INDIVIDUAL Rep. Toole
This bill provides that public funds may not be used to reimburse the Department of Transportation for expenses incurred to name and dedicate a highway facility in honor of an individual.

H.3175 SOUTH CAROLINA CHILD DEVELOPMENT EDUCATION PROGRAM Rep. Walker
This bill creates and provides for the South Carolina Child Development Education Program. The bill requires that, beginning with the 2008-09 school year, the program must be made available each school year to at-risk four-year old children in the State on a voluntary basis. The bill requires that the program must focus on the developmental and learning support that children must have in order to be ready for school, and must incorporate parent education.

JUDICIARY

H.3014 PROPOSED CONSTITUTIONAL AMENDMENT RELATING TO HOW PROPOSED CONSTITUTIONAL AMENDMENTS ARE SUBMITTED TO VOTERS Rep. G.M. Smith
This proposed constitutional amendment provides that not more than four questions may be contained in one or more proposed constitutional amendments for submission to the electors at the same time.

H.3016 "SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT ACT" Rep. Ceips
This legislation establishes and provides for the membership, powers, and duties of the South Carolina Military Preparedness and Enhancement Commission. This commission shall act to enhance the value of military facilities and assist defense communities with such value enhancement. The legislation also establishes the South Carolina Military Value Revolving Loan Account to provide loans to assist defense communities to enhance the value of military facilities.

H.3018 SALE OR TRANSFER OR BEER OR WINE OR ALCOHOLIC LIQUORS TO MINORS Rep. W.D. Smith
This bill provides for driver's license suspension for offenses involving the unlawful sale of beer or wine or alcoholic liquors to minors.

Current law provides that it is unlawful for a person to transfer or give beer or wine to a person under the age of twenty-one for the purpose of consumption beer or wine at any place. This bill removes the requirement that the purpose be for consumption of beer or wine at any place.

This bill authorizes the use of a minor by law enforcement to test an establishment's compliance with the applicable law.

H.3019 DEFINITION OF THE TERM 'PERSON' FOR PURPOSES OF A CIVIL CAUSE OF ACTION Rep. Delleney
For purposes of a civil cause of action, this bill provides that the term "person" includes an unborn child, the term "unborn child" means a child in utero with certain exceptions.

H.3026 ILLEGAL ALIENS CHARGED WITH CERTAIN OFFENSES Rep. Viers
This legislation directs the Chief of the State Law Enforcement Division to negotiate a memorandum of understanding between South Carolina and the Department of Justice or the Department of Homeland Security concerning the enforcement of federal immigration and customs laws. The bill requires reasonable efforts by local law enforcement officials to determine the nationality of persons charged with felonies or driving under the influence offenses.

H.3028 MISREPRESENTATION OF THE IDENTITY OF FOOD OR A FOOD PRODUCT Rep. Funderburk
Under this legislation, it is an unfair trade practice to knowingly and wilfully misrepresent the identity of food or a food product that is served, sold, or otherwise commercially distributed or offered for distribution. The legislation specifies acts of misrepresentation of the identity of food or a food product as well as provides for criminal, civil, and administrative penalties for violations.

H.3029 ILLEGAL ALIENS AND PUBLIC EMPLOYMENT Rep. Viers
This legislation requires public employers of the State to register and participate in the federal work authorization program and prohibits public employers from entering into contracts for services unless the contractors and subcontractors comply with the federal work authorization program verifying information on all new employees.

H.3032 ILLEGAL ALIENS STUDY COMMITTEE Rep. Viers
This bill establishes a committee to study appropriate enforcement of federal and state laws relating to the presence of illegal aliens in South Carolina. The committee is to recommend legislative changes as appropriate.

H.3035 "IDENTITY THEFT PROTECTION ACT" AND "PERSONAL IDENTIFYING INFORMATION PRIVACY PROTECTION ACT" Rep. Kirsh
The "Identity Theft Protection Act" outlines protections in connection with consumer credit-reporting agencies and with the use and communication of a consumer's social security number. Among other things, the bill allows a consumer to place a security freeze on his credit report.

The "Personal Identifying Information Privacy Protection Act" requires the protection of personal identifying information in connection with a public body and its use and communication of a resident's social security number. The legislation expands the definition of the offense of financial identity fraud.

H.3037 "ILLEGAL ALIENS AND PUBLIC BENEFITS ACT" Rep. Viers
This legislation requires a State agency or political subdivision of the State to verify the lawful presence of a person seeking to obtain public benefits.

H.3040 FINANCIAL TRANSACTION CARD FORGERY AND FRAUD Rep. Kirsh
Relating to financial transaction card forgery and fraud, respectively, this bill provides that it unlawful to make an unauthorized material alteration to written or mechanically or electronically produced evidence of the financial transaction.

H.3044 CHARITABLE ORGANIZATIONS Rep. Kirsh
This legislation requires that at least eighty percent of the gross receipts from contributions a charitable organization solicits in this State be used directly for the stated charitable purpose of the organization. Communication and advocacy are included as part of the defined charitable purpose.

H.3046 "COMMON SENSE CONSUMPTION ACT" Rep. Kirsh
Under this legislation, a manufacturer, packer, distributor, carrier, holder, marketer, seller, or an association of one or more of these entities is not subject to civil liability in an action based on a person's purchase or consumption of food or nonalcoholic beverages when liability is based on weight gain, obesity, or a health condition associated with weight gain or obesity resulting from the person's long-term consumption of food or nonalcoholic beverages.

H.3047 METHAMPHETAMINE AND COCAINE OFFENSES Rep. Kirsh
Relating to the possession, distribution, manufacture, and trafficking of methamphetamine or cocaine base, this bill provides that a person may be charged with manslaughter if the distribution or trafficking in the drug causes the death of the user. The bill further provides for an increase in the sentence if a person under the age of eighteen is endangered or a law enforcement officer is injured by one of the hazards related to the manufacture of the drug.

H.3048 PARENTAL RIGHTS FOR CERTAIN SEX OFFENDERS Rep. Kirsh
This bill provides that a person convicted of a criminal sexual conduct offense does not have custody rights of or rights of inheritance from a child born as result of the offense. The bill further provides that it is unlawful for a defendant in a criminal proceeding to threaten a witness with the assertion or denial of parental rights.

H.3049 "CRIMINAL GANG PREVENTION ACT" Rep. Toole
This comprehensive legislation outlines provisions for the prevention of criminal gang activity. Among numerous other things, the legislation adds criminal gang activity or a pattern of criminal gang activity to the State Grand Jury's Jurisdiction.

H.3050 PENALTIES FOR ATTEMPTS TO BURN Rep. Clemmons
Relating to attempts to burn, this legislation makes the penalty the same as for the principal offense. Currently, the maximum penalty is imprisonment for not more than five years or a fine of not more than ten thousand dollars.

H.3051 "ABBY'S LAW"- LIMITED LIABILITY OF CHARITABLE ORGANIZATIONS Rep. E.H. Pitts
This bill pertains to the limited liability of charitable organizations. The legislation conforms the limitation on liability for charitable organizations to the South Carolina Tort Claims Act amount when the actual damages arise from the use or operation of a motor vehicle. The bill provides an exception to the limitation under certain circumstances.

H.3052 RATIFICATION OF THE EMINENT DOMAIN CONSTITUTIONAL AMENDMENT Rep. Coleman
Eminent domain is the power of a governmental entity to take private real estate for public use, with or without the permission of the owner. This proposed constitutional amendment received a favorable vote during the 2006 general election, and this legislation ratifies the constitutional amendment. The legislation provides that private property must not be condemned by eminent domain, unless the condemnation is for public use. The legislation also revises the manner in which blighted property may be condemned to protect the health and safety of the community.

H.3053 IMMIGRATION LAWSUIT AGAINST THE UNITED STATES ATTORNEY GENERAL Rep. Davenport
This joint resolution directs the Attorney General of the State of South Carolina to initiate or join other states in a lawsuit against the United States Attorney General to demand the enforcement of all existing federal immigration laws by the federal government.

H.3054 PROOFS OF IDENTITY FOR VOTING Rep. Rutherford
This bill adds a college identification card containing a photograph as another form of proof of identify authorized to be accepted when a person presents himself to vote.

H.3056 CREATION OF THE OFFENSES OF RECKLESS ENDANGERMENT AND COMMITTING A DRIVE-BY SHOOTING Rep. Limehouse
This bill provides that a person who engages in conduct which creates a substantial risk of death or great bodily injury to another person is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than three years. A person who engages in conduct which creates a substantial risk of death or great bodily injury to another person and who is in possession of a deadly weapon at the time, but the conduct does not amount to a drive-by shooting is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years.

The bill further provides that a person who recklessly discharges a firearm in a manner which creates a substantial risk of death or great bodily injury to another person and the discharge of the firearm is from a motor vehicle, or from the immediate area of a motor vehicle that was used to transport the shooter or the firearm, or both, to the scene of the discharge of the firearm is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.

H.3057 BAIL FOR ILLEGAL ALIENS Rep. Davenport
This legislation mandates that the court consider whether the person accused of a crime is an illegal alien and poses a substantial flight risk before determining conditions of release.

H.3058 OUT-OF-STATE CRIMINAL DOMESTIC VIOLENCE CONVICTIONS Rep. W.D. Smith
This bill provides that criminal domestic violence convictions in other states are to be considered when determining a previous conviction for purposes of enhancing the penalty.

H.3059 GIVING FALSE INFORMATION OR IDENTIFICATION TO A LAW ENFORCEMENT OFFICER Rep. M.A. Pitts
This bill provides that it is unlawful for a person to give false information or identification to a law enforcement officer for the purpose of avoiding arrest or criminal charges. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.

H.3061 FRIVOLOUS APPLICATIONS FOR POST-CONVICTION RELIEF Rep. Clemmons
This bill provides that the filing of a frivolous application for post-conviction relief may result in the inmate's loss of good time credits earned in addition to other sanctions the court may impose.

H.3062 SUMMONS TO APPEAR ISSUED IN SUMMARY OR MUNICIPAL COURTS Rep. G.M. Smith
Upon the request of a law enforcement officer, this legislation provides that a summary court or municipal judge shall issue a summons to appear for trial instead of an arrest warrant. The legislation also authorizes the appropriate law enforcement agency to fingerprint the person who is the subject of the summons to appear.

H.3063 RATIFICATION OF THE MARRIAGE CONSTITUTIONAL AMENDMENT Rep. Delleney
This proposed constitutional amendment received a favorable vote during the 2006 general election, and this legislation ratifies the constitutional amendment. This legislation provides that marriage between one man and one woman is the only lawful domestic union that is valid or recognized in South Carolina. The legislation further provides that the State or its political subdivisions may not create any other domestic union and may not recognize a domestic union created by another jurisdiction.

H.3065 UNLAWFUL DISCHARGING OF A FIREARM Rep. Kirsh
The bill increases the maximum penalty for unlawful discharging of a firearm from ten to fifteen years. This bill also provides that it is unlawful for a person to discharge a firearm at or into the premises or property owned by a private or public school. A person who violates these provisions is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than fifteen years, or both.

H.3066 "SOUTH CAROLINA PRIORITY INVESTMENT ACT" Rep. Hagood
Current law provides that a local comprehensive plan of local planning commissions must include certain elements. The bill provides definitions for several terms related to these comprehensive plans.

This bill amends the housing element requirement so as to require an analysis to ascertain unnecessary housing regulatory requirements that add to the cost of developing affordable housing but are not necessary to protect the public. The bill further provides that the housing element must include an analysis of market-based incentives that may be made available to encourage development of affordable housing.

The bill requires these comprehensive plans to include a transportation element that considers transportation facilities, including major road improvements, new road construction, transit projects, pedestrian and bicycle projects, and other elements of a transportation network.

The bill also requires these comprehensive plans to include a priority investment element that analyzes the likely federal, state, and local funds available for public infrastructure and facilities during the next ten years and recommends the projects for expenditure of those funds during the next ten years for needed public infrastructure and facilities such as water, sewer, roads and schools. The recommendation of those projects for public expenditure must be done through cooperation with adjacent and relevant jurisdictions and agencies.

H.3067 EXERCISE OF EMINENT DOMAIN OR CONDEMNATION Rep. Coleman
Eminent domain is the power of a governmental entity to take private real estate for public use, with or without the permission of the owner. This comprehensive legislation places new requirements on a public body's acquisition of private property through the exercise of eminent domain or condemnation.

H.3068 "SOUTH CAROLINA ILLEGAL IMMIGRATION REFORM ACT" Rep. Viers
This comprehensive legislation addresses issues surrounding illegal immigration. Areas covered by the legislation include, but are not limited to, the following: Illegal Aliens and Public Employment; Illegal Aliens and Taxation; Enforcement of Federal Immigration Laws; Illegal Aliens Charged with Certain Offenses; Registration of Immigration Assistance; Illegal Aliens and Public Benefits; and creation of a study committee.

H.3069 KNOWINGLY EXPOSING A CHILD TO CHEMICALS THAT HAVE THE CAPACITY TO INTERFERE WITH NORMAL PHYSIOLOGICAL FUNCTIONS Rep. Leach
This bill provides that statutory definition of child abuse and neglect includes knowingly exposing a child to chemicals that have the capacity to interfere with normal physiological functions, including during the manufacturing of methamphetamine; the bill also provides that this type of neglect is a ground for termination of parental rights. Generally the Department of Social Services must make reasonable efforts to preserve or unify the family; this bill provides as an exception to this reunification requirement that the parent has knowingly exposed a child to chemicals that have the capacity to interfere with normal physiological functions.

H.3071 DISPOSAL OF THE SOUTH CAROLINA STATE FLAG Rep. Kirsh
This bill provides that the flag of South Carolina, when it is not in a condition that it becomes a fitting emblem for display, must be destroyed in a dignified manner. The preferable way to destroy the South Carolina State Flag is by burning at a dignified public flag disposal ceremony.

H.3075 KAYAKING AND CANOEING Rep. Kirsh
This bill provides that a kayaking or canoeing activity sponsor or a kayaking or canoeing professional is not liable for an injury to or the death of a participant resulting from an inherent risk of kayaking or canoeing activity absent specified factors.

H.3077 ADOPTIONS PROCEDURE STUDY COMMITTEE Rep. Leach
This bill establishes and outlines membership for an adoptions procedure study committee. The committee shall study and keep abreast of issues and problems in the adoption process and procedures in an effort to make this an efficient and expeditious process for South Carolina's waiting children and families to ensure permanent homes can be located in a timely manner.

H.3080 PROHIBITION ON A STATE OR LOCAL ENTITY FROM PRINTING AND PRODUCING WRITTEN MATERIAL IN A FOREIGN LANGUAGE Rep. Viers
This legislation provides that a State or local entity shall not print or produce for dissemination to the public a document, letter, pamphlet or other written material in a foreign language unless required by federal law. Further a State and local entity shall print and produce written material for dissemination to the public in the English language only.

H.3081 DISQUALIFICATIONS OF JURORS Rep. W.D. Smith
Current law provides that a person is not qualified to sit as a juror if he has been convicted of a crime punishable by imprisonment for more than one year. This bill provides that a person is disqualified from service as a juror if he has been convicted of a crime punishable by imprisonment of thirty days or more. The bill further provides an additional disqualification for a person who has criminal charges pending.

H.3082 MANDATORY RETIREMENT AGE FOR JUDGES, SOLICITORS AND MAGISTRATES Rep. Jefferson
This bill increases the mandatory retirement age for judges, solicitors and magistrates from seventy-two to seventy-eight.

H.3083 MINORS PROHIBITED FROM USING A CELLULAR PHONE OR OTHER WIRELESS DEVICE WHILE DRIVING Rep. Littlejohn
This bill provides that it is unlawful for a person under eighteen years of age to operate a motor vehicle while using a cellular telephone or another wireless communications device when the vehicle is in motion. Exceptions are provided for cellular telephones or other wireless communications devices that are equipped with a hands free device. Violations are misdemeanors, and the bill outlines restrictions on enforcement of this offense.

H.3085 TRAFFIC STOPS Rep. Ceips
This bill provides that the operator of a motor vehicle equipped with interior lights must activate the vehicle's interior lights and open the vehicle's front window when stopped by a law enforcement officer at night. The bill authorizes a twenty-five dollar fine for violations.

H.3088 SUSPENSION OF DRIVERS' LICENSES Rep. Kirsh
This bill pertains to driver's license suspension due to a conviction of a controlled substance violation and underage purchase and possession of alcohol offenses. Under this bill, if a person is accepted into a pretrial intervention program for either offense, the person's driver's license must be suspended.

H.3089 SCHOOL ZONES Rep. Kirsh
This bill makes it unlawful for a driver of a motor vehicle to fail to stop when signaled to stop by a road guard in a school zone. Penalties are established for failure to comply. The bill provides for the placement of signs in school zones that inform motorists of the hours a road guard is on duty and the penalty for failing to stop when a road guard signals a motorist to stop.

H.3090 TRAFFIC-CONTROL DEVICES Rep. Kirsh
Under this bill, it is unlawful for any person other than law enforcement, fire department, or emergency personnel to use, possess, sell, or purchase a traffic-control device preemption emitter or a similar device. Penalties are established for failure to comply.

H.3091 MOTOR VEHICLE OFFENSES Rep. Talley
This bill revises various motor vehicle offenses; revisions include the following:

H.3092 "SOUTH CAROLINA RED LIGHT RUNNING ACT OF 2007" Rep. Hamilton
This bill authorizes local governments to adopt ordinances for the civil enforcement of certain traffic laws by the use of traffic control signal monitoring systems. The bill grants summary courts jurisdiction over noncriminal traffic citations. A violation detected solely by a traffic control signal monitoring system is deemed a noncriminal violation for which a civil penalty shall be assessed. No court costs, assessments, or surcharges may be assessed against the owner or driver of the vehicle, and no points may be assigned to the owner or driver of the vehicle. A civil penalty may not exceed one hundred dollars.

H.3093 "CRIMINAL GANG PREVENTION ACT" Rep. Toole
This comprehensive legislation outlines provisions for the prevention of criminal gang activity.

H.3094 LOCATIONS IN WHICH A SEX OFFENDER MAY RESIDE Rep. Brady
Under this bill, it is unlawful for a sex offender who has been convicted of an offense against a minor to reside within 1,000 feet of a school, daycare center, children's recreational facility, park, playground, or bus stop. The bill also outlines penalties for violations.

H.3095 REGULATION OF THE SALE OF EPHEDRINE AND PSEUDOEPHEDRINE Rep. Pinson
This bill provides that a valid military identification is sufficient identification when a purchaser is required to produce identification when purchasing certain products containing ephedrine or pseudoephedrine.

H.3100 COURT ORDERED PARENT-TEACHER CONFERENCES FOR DISRUPTIVE STUDENT BEHAVIOR Rep. Kirsh
This bill authorizes a school board to petition Family Court to require a parent or legal guardian of a student who habitually exhibits disruptive behavior in the classroom to attend a parent-teacher conference.

H.3102 PROPOSED CONSTITUTIONAL AMENDMENT PERTAINING TO THE STATE SUPERINTENDENT OF EDUCATION AND STATE BOARD OF EDUCATION Rep. Rice
This joint resolution proposes to amend the constitution so as to delete the Superintendent of Education from the list of State officers that the constitution requires to be elected. This joint resolution also abolishes the State Board of Education.

H.3109 DAMAGE AWARDS FOR INDIVIDUALS INJURED WHILE OPERATING MOTOR VEHICLES Rep. Kirsh
This legislation prohibits the awarding of damages in favor of a person who is injured while operating his motor vehicle (1) if his injuries resulted from his operation of the vehicle, and (2) if he did not have in effect for that vehicle the financial security required by law at the time the injury occurred.

H.3111 PROPOSED CONSTITUTIONAL AMENDMENT PROVIDING FOR FOUR-YEAR TERMS FOR MEMBERS OF THE HOUSE OF REPRESENTATIVES Rep. M.A. Pitts
This joint resolution proposes to amend the constitution so as to increase from two years to four years the term of office for Members of the House of Representatives.

H.3112 DESIGNATION OF VOTING PRECINCTS IN BEAUFORT COUNTY Rep. Herbkersman
This bill revises voting precincts in Beaufort County. It also includes a provision authorizing the Beaufort County Board of Elections and Registration, with the approval of a majority of the Beaufort County Legislative Delegation, to determine the polling places for the precincts in Beaufort County.

H.3114 SPECIAL PURPOSE DISTRICTS AND "SOUTH CAROLINA PRIORITY INVESTMENT ACT" Rep. M.A. Pitts
This legislation provides that a special purpose district that only provides sewage collection and disposal may use any method of financing authorized by law for the construction of sewer lateral collection lines within the district.

The bill also enacts the "South Carolina Priority Investment Act." Current law provides that a local comprehensive plan of local planning commissions must include certain elements. The bill provides definitions for several terms related to these comprehensive plans.

This bill amends the housing element requirement so as to require an analysis to ascertain unnecessary housing regulatory requirements that add to the cost of developing affordable housing but are not necessary to protect the public. The bill further provides that the housing element must include an analysis of market-based incentives that may be made available to encourage development of affordable housing.

The bill requires these comprehensive plans to include a transportation element that considers transportation facilities, including major road improvements, new road construction, transit projects, pedestrian and bicycle projects, and other elements of a transportation network.

The bill also requires these comprehensive plans to include a priority investment element that analyzes the likely federal, state, and local funds available for public infrastructure and facilities during the next ten years and recommends the projects for expenditure of those funds during the next ten years for needed public infrastructure and facilities such as water, sewer, roads and schools. The recommendation of those projects for public expenditure must be done through cooperation with adjacent and relevant jurisdictions and agencies.

H.3116 COURT APPOINTMENT DEFERRAL FUND Rep. W.D. Smith
This legislation establishes the Court Appointment Deferral Fund to be maintained by the Supreme Court. The purpose of the fund is to allow an attorney, who is not otherwise exempt from appointment pursuant to Rule 608(d), a one-year optional exemption from appointment to represent an indigent person in accordance with the requirements of Rule 608 upon the payment of a set fee established by the Supreme Court.

H.3118 "SOUTH CAROLINA CLEAN ELECTIONS ACT" Rep. J.M. Neal
This legislation outlines a procedure by which certain candidates for office who agree to limitations on contributions may receive a predetermined amount of public funds for campaigns.

H.3119 EXPANDED SMOKING PROHIBITIONS Rep. Rutherford
This bill extends the smoking prohibitions provided for in the "Clean Indoor Act of 1990" to restaurants, bars, lounge areas, and recreational facilities. A person smoking in a restaurant, bar, or lounge must be asked to extinguish all lighted tobacco products; if the person refuses to do so, then the person must be asked to leave the premises. The bill outlines criminal penalties for refusal to extinguish all lighted tobacco products or refusing to leave the premises. The bill prohibits a person or employer from retaliating against another person or an employee or customer for filing a complaint for or seeking prosecution of violations.

The legislation provides that the "Clean Indoor Air Act" must not be construed to permit smoking where it is otherwise prohibited by regulation of a State or local agency, including a local ordinance. The bill further provides that a proprietor of an establishment has the right to prohibit smoking in his establishment.

The bill specifies that smoking is permitted in private homes and automobiles, home-based businesses, private functions in indoor areas, hotel rooms designated as smoking rooms, specialty tobacco stores, tobacco manufacturers, cigar bars, and private clubs. With certain exceptions, the posting of designated smoking area signs is not required for private homes and automobiles or home-based businesses.

H.3120 CAPACITY TO STAND TRIAL OF PERSONS CHARGED WITH A CRIME OR CIVIL CONTEMPT Rep. Kirsh
Current law outlines a procedure for when a judge of circuit court or family court has reason to believe that a person lacks the capacity to stand trial. This legislation makes the same procedures apply to magistrates' court.

The bill establishes a procedure to suspend a person's driver's license or privilege to drive who is unable to stand trial because of a mental condition. The bill also provides a procedure to suspend a person's driver's license or privilege to drive who has suffered a relapse of a mental condition before his or her trial date.

H.3121 PROPOSED CONSTITUTIONAL AMENDMENT RELATING TO THE COMMISSIONER OF AGRICULTURE Rep. Harrell
This joint resolution proposes to amend the constitution so as to delete the Commissioner of Agriculture from the list of State officers that the constitution requires to be elected. The joint resolution further provides that the Commissioner of Agriculture must be appointed by the Governor upon the advice and consent of the Senate for a term coterminous with the Governor.

H.3122 PROPOSED CONSTITUTIONAL AMENDMENT RELATING TO THE STATE TREASURER Rep. Harrell
This joint resolution proposes to amend the constitution so as to delete the State Treasurer from the list of State officers that the constitution requires to be elected. The joint resolution further provides that the State Treasurer shall (1) be nominated by the Governor, (2) be approved by unanimous vote of the Governor, the State Comptroller General, the Chairman of the Ways and Means Committee of the House of Representatives, and the Chairman of the Finance Committee of the Senate, and (3) subject to the advice and consent of the Senate.

H.3123 PROPOSED CONSTITUTIONAL AMENDMENT PERTAINING TO THE ADJUTANT GENERAL Rep. Harrell
This joint resolution proposes to amend the constitution so as to delete the Adjutant General from the list of State officers that the constitution requires to be elected. The joint resolution further provides that the Adjutant General must be appointed by the Governor upon the advice and consent of the Senate for a term coterminous with the Governor. The joint resolution also updates references to the Adjutant General and his staff officers in other parts of the constitution.

H.3125 PROPOSED CONSTITUTIONAL AMENDMENT RELATING TO THE COMPTROLLER GENERAL Rep. Harrell
This joint resolution proposes to amend the constitution so as to delete the Comptroller General from the list of State officers that the constitution requires to be elected. The joint resolution further provides the Comptroller General shall be (1) nominated by the Governor, (2) be approved by unanimous vote of the Governor, the State Treasurer, the Chairman of the Ways and Means Committee of the House of Representatives, and the Chairman of the Finance Committee of the Senate, and (3) subject to the advice and consent of the Senate.

H.3126 PROPOSED CONSTITUTIONAL AMENDMENT RELATING TO THE SECRETARY OF EDUCATION AND THE STATE BOARD OF EDUCATION Rep. Harrell
This joint resolution proposes to amend the constitution so as to delete the Superintendent of Education from the list of State officers that the constitution requires to be elected. The joint resolution further provides that the Governor upon the advice and consent of the Senate must appoint the Superintendent of Education for a term coterminous with the Governor. The joint resolution abolishes the State Board of Education effective upon the Superintendent of Education being appointed by the Governor.

H.3127 PROPOSED CONSTITUTIONAL AMENDMENT PERTAINING TO THE SECRETARY OF STATE Rep. Harrell
This joint resolution proposes to amend the constitution so as to delete the Secretary of State from the list of State officers that the constitution requires to be elected. The joint resolution further provides that the Governor upon the advice and consent of the Senate must appoint the Secretary of State for a term coterminous with the Governor.

H.3128 PROPOSED CONSTITUTIONAL AMENDMENTS RELATING TO THE SENATE, LIEUTENANT GOVERNOR, GOVERNOR, AND OTHERS Rep. Harrell
Currently, the Lieutenant Governor serves as the President of the Senate although he is not a senator, and the Senate chooses a President Pro Tempore to act in the absence of the Lieutenant Governor. This joint resolution proposes to amend the constitution so as to provide that the Senate must elect from among its members a President to preside over the Senate and to perform other duties as provided by law. The joint resolution deletes references in the constitution to the Lieutenant Governor serving as President of the Senate as well as deletes references regarding the election of a President Pro Tempore of the Senate.

This joint resolution provides for the joint election of the Governor and Lieutenant Governor.

Relating to vacancies in the Supreme Court, Court of Appeals, or circuit court, the joint resolution provides that a vacancy may be filled by the Governor with the advice and consent of the Senate. The joint resolution also deletes an obsolete paragraph concerning the qualifications of sitting justices and judges.

Relating to the oath of office for executive officers, this joint resolution deletes Members of the General Assembly from the section but maintain oaths for Members of the General Assembly under a different section of the constitution.

H.3129 CRIME VICTIMS Rep. W.D. Smith
Relating to additional assessments and surcharges on fines from certain courts, this legislation stipulates that the funds generated for use for services for victims of crime may not be used for other law enforcement purposes. This bill also requires law enforcement to prepare a victim information sheet for every victim involved in a criminal act; the bill outlines the information that must be contained on the victim information sheet. The bill also repeals Article 14, Chapter 3, of Title 16 relating to the Victim/Witness Assistance Program.

H.3130 MURDER Rep. W.D. Smith
This bill pertains to the punishment for murder when the victim is the defendant's spouse. This bill includes as a separate aggravating circumstance which may be considered in the determination of whether the death penalty may be imposed, the following: a murder of a person's spouse while the person is subject to a valid order of protection, the person is violating a condition of bond, or the person is violating a restraining order. The bill also includes as a separate aggravating circumstance which may be considered in the determination of whether the death penalty may be imposed the murder of a person's spouse if the person has a prior conviction for criminal domestic violence involving the same victim.

H.3134 GRANDPARENT VISITATION Rep. Weeks
If a Family Court finds (1) that a child's parents are depriving the grandparent visitation with the child, and (2) that it is in the child's best interest to have visitation with the grandparent, then this bill authorizes the court to order such visitation.

H.3137 "SOUTH CAROLINA CHILD ABUSE AND NEGLECT MEDICAL RESPONSE SYSTEM ACT" Rep. Harrison
This bill creates a program to provide coordination and medical resources statewide to agencies and entities that respond to victims of child abuse and neglect. The bill provides that this program must be administered by the University of South Carolina, School of Medicine, Department of Pediatrics. The bill also establishes the South Carolina Child Abuse and Neglect Services Fund to be administered by the Department of Health and Human Services for the operation of the child abuse and neglect medical response system.

Children's advocacy centers provide prevention, intervention and treatment services for abused and neglected children. The bill requires these centers to enter into memoranda of agreement with the South Carolina Child Abuse and Neglect Medical Response System to provide forensic medical services in accordance with guidelines established by the system. The bill further requires children's advocacy centers and children's hospitals to release the medical records of children served for child abuse and neglect to the system for research, quality assurance, and other specified purposes.

H.3138 "PREVENTION OF UNDERAGE DRINKING AND ACCESS TO ALCOHOL ACT OF 2007" Rep. E.H. Pitts
This comprehensive legislation outlines measures for the prevention of underage drinking as well as measures to limit minors' access to alcohol. Provisions of the legislation include, but are not limited to, the following:

H.3139 "THE SCHOOL SAFETY ACT OF 2007" Rep. E.H. Pitts
This comprehensive legislation outlines procedures for the prevention of criminal gang activity on school property.

H.3140 RESTRICTIONS ON DEFICIENCY JUDGMENTS IN CONSUMER CREDIT SALES Rep. W.D. Smith
Relating to restrictions on deficiency judgments in consumer credit sales, this legislation corrects cross-references to the Uniform Commercial Code.

H.3141 "OMNIBUS SECURITY AND IMMIGRATION COMPLIANCE ACT" Rep. Davenport
This comprehensive legislation addresses issues surrounding illegal immigration. Areas covered by the legislation include, but are not limited to, the following: Illegal Aliens and Public Employment; Illegal Aliens and Private Employment; Illegal Aliens and Taxation; Enforcement of Federal Immigration Laws; Illegal Aliens Charged with Certain Offenses; Registration of Immigration Assistance; Illegal Aliens and Worker's Compensation; Illegal Aliens and Public Benefits; Illegal Aliens and Crimes; Illegal Aliens and Licensing; and creation of a study committee.

H.3142 FOUR-YEAR TERMS FOR MEMBERS OF THE HOUSE OF REPRESENTATIVES Rep. M.A. Pitts
This legislation increases from two years to four years the term of office for Members of the House of Representatives.

H.3145 SPARTANBURG COUNTY LEGISLATIVE DELEGATION Rep. Talley

This legislation devolves the authority for appointments for certain offices, boards, and commissions from the joint legislative delegation representing Spartanburg County to the governing body of Spartanburg County. This legislation does not effect the appointment of magistrates.

H.3147 PILOT PROGRAM FOR TESTING VOTE CENTERS Rep. Talley
This bill authorizes the State Election Commission to establish a pilot program for the purpose of testing the establishment of vote centers, where a registered elector in a county may vote regardless of the precinct in which the elector resides.

H.3148 "SOUTH CAROLINA IMMIGRATION COMPLIANCE ACT OF 2008" Rep. M.A. Pitts
This comprehensive legislation addresses issues surrounding illegal immigration. Areas covered by the legislation include, but are not limited to, the following: Illegal Aliens and Public Employment; Illegal Aliens and Public Benefits; Illegal Aliens and Hospital Care; Illegal Aliens and Education; Illegal Aliens and Private Employment; and Creation of the Felony Offense of Illegal Alien Trespass.

H.3149 ILLEGAL ALIENS AND PUBLIC BENEFITS Rep. Toole
This bill provides that a person may not receive food assistance payments including, but not limited to, food stamps if the state administers the eligibility process, unless the person verifies that he or she is lawfully present in South Carolina. This bill requires such a person to apply for these benefits through the Systematic Alien Verification of Entitlement Program or some other program operated the United States Office of Homeland Security.

H.3157 EJECTMENT PROCEEDINGS Rep. Huggins
Relating to requirements for service of rule on a tenant against whom ejectment proceedings are brought, this bill outlines a method of service by posting if the grounds of ejectment are circumstances that threaten life or significant property damage. This bill requires magistrates to immediately issue a warrant for ejectment if grounds for ejectment are circumstances that threaten lives or significant property damage and the tenant fails to appear and show cause within five days of service. Relating to tenant noncompliance affecting health and safety, the bill defines the term "emergency" to include circumstances considered to threaten the lives of residents or employees, or significant property damage.

H.3159 RELIGIOUS REFERENCES Rep. Toole
This bill provides that religious references to God, a deity, or a higher power of any denomination or religion may be used in approved displays, monuments, plaques, or similar fixtures in state or local public areas, buildings, or places.

H.3164 CREDITORS' CLAIMS AGAINST AN ESTATE Rep. Toole
This legislation increases the time for presentation of creditors' claims against an estate from within eight months to within twelve months after notice. The bill further provides that a creditor may file a claim against a decedent's estate at any time within twelve months after the death of the decedent.

H.3165 DRIVING WHILE INTOXICATED Rep. W. D. Smith
This bill creates the offenses of driving while seriously intoxicated and driving while grossly intoxicated and provides penalties for these offenses. The bill amends numerous driving under the influence statutes to reflect these two new offenses. Additionally, the bill makes several revisions to driving under the influence statutes, including but not limited to the following:

H.3169 REAL ESTATE DISCLOSURES FOR PROPERTY USED AS A METHAMPHETAMINE LABORATORY Rep. Brady

If the owner of a parcel of real property has knowledge through law enforcement action or court proceedings that the property was used as a site for a methamphetamine laboratory, this bill requires the owner to disclose this fact to any prospective purchaser of the property as well as to any real estate broker or agent engaged to sell the property who in turn must disclose this fact in all prospective purchaser disclosures.

H.3171 INGESTION OF CERTAIN ILLEGAL DRUGS BY THE MOTHER DURING THE COURSE OF PREGNANCY Rep. Haley
This bill provides that the ingestion of certain illegal drugs by the mother during the course of pregnancy is included in the definition of homicide by child abuse. Relating to definitions for the purposes of the Children's Code, this bill revises the definition of "child" to include an unborn child. Relating to unlawful conduct toward a child, the bill includes ingestion of certain illegal drugs by the mother during the course of pregnancy.

H.3172 ADOPTION BIRTH RECORDS Rep. Toole
This bill provides that an adoptee twenty-one years of age or older may obtain a copy of his original record of birth from the State Registrar, unless within the past three years the adoptee's birth parent has filed a notarized form with the State Registrar prohibiting release of identifying information. The bill requires a birth parent to be given information about prohibiting release of such information at the time of executing a consent or relinquishment for adoption. The bill also requires the State Registrar to carry out a public service campaign educating the public about the provisions of this legislation.

H.3174 REPRESENTATION OF A PERSON BY A PUBLIC OFFICIAL BEFORE A GOVERNMENTAL BODY Rep. Hardwick
This bill allows a county or municipal official to represent a person before an agency, unit, or subunit of that county or municipality for which the public official has official responsibility, if the official submits a written statement describing the matter requiring action and the potential conflict of interest with respect to the action to the presiding officer of the county or municipal governing body, agency, commission, or board, on which the official serves. The bill further requires the presiding officer to have the statement printed in the minutes and excuse the official from any votes or other actions on the matter on which the potential conflict of interest exists.

H.3176 LIMITATIONS ON OFFERING DISCOUNT PRICES FOR THE SALE OF ALCOHOLIC LIQUORS FOR ON-PREMISES CONSUMPTION AT CERTAIN TIMES Rep. W.D. Smith
This bill provides that a person who holds a biennial license to sell alcoholic liquors for on-premises consumption also may elect to sell alcoholic liquors at a price less than regularly charged on one full day of each week, excluding Sundays.

LABOR, COMMERCE AND INDUSTRY

H.3017 SUBCONTRACTOR COMPLIANCE WITH STATE UNEMPLOYMENT INSURANCE LIABILITY Rep. Kirsh
This bill establishes a procedure for requiring the compliance of a subcontractor with state unemployment insurance liability provisions. The legislation establishes new enforcement provisions including the revocation of a license or certification for wilfully submitting false contribution and wage reports or knowingly and wilfully providing a false notice of liability or nonliability.

H.3022 "SOUTH CAROLINA MINIMUM WAGE ACT" Rep. Jennings
This bill enacts the "South Carolina Minimum Wage Act" to establish a state minimum wage of seven dollars and twenty-five cents an hour for covered employees. The legislation specifies exemptions and provides that the state minimum wage does not apply to an employer who is subject to the minimum wage provisions of an act of Congress when that federal minimum wage is greater. Civil penalties are provided for violations.

H.3023 INTERSTATE INSURANCE PRODUCT REGULATION COMPACT Rep. Bingham
This bill enacts the Interstate Insurance Product Regulation Compact to regulate life insurance, individual or group annuity, disability income, and long-term care insurance and the advertisement of these insurance products uniformly among the states that are compact members. The legislation authorizes this State to join the compact.

H.3025 "REGISTRATION OF IMMIGRATION ASSISTANCE ACT" Rep. Viers
This bill enacts the "Registration of Immigration Assistance Act" to establish and enforce standards of ethics in the profession of immigration assistance by private individuals who are not licensed attorneys.

H.3033 ERRONEOUS RECORDING OF A SATISFACTION OF A MORTGAGE OR OTHER LIEN AFFECTING REAL PROPERTY Rep. Clemmons
This bill provides for a document of rescission to correct an erroneous recording of a satisfaction of a mortgage or other lien affecting real property. The legislation provides protection for a priority creditor who records after the erroneous recording, and establishes a civil cause of action for a person injured by a wrongful recording of a document of rescission.

H.3034 "GREEN BUILDING" STANDARDS FOR STATE CONSTRUCTION PROJECTS Rep. Brady
This bill revises the South Carolina Energy Efficiency Act so as to require the application of "green building" or comparable standards to standards or measures of energy efficiency and energy conservation to buildings constructed on state property with construction budgets of more than fifteen million dollars. Exemptions are provided for certain state-funded structures.

H.3036 TERMINATION OF RENTAL AGREEMENTS Rep. Rice
This bill provides a written notice requirement of five days before termination of a rental agreement to a tenant who has violated a rental agreement by conducting or permitting unlawful activities in the dwelling unit.

H.3038 PAYMENT OF POST-TERMINATION CLAIMS TO SALES REPRESENTATIVES Rep. Rice
This bill revises definitions in connection with the payment of post-termination claims to sales representatives, so as to provide that a sales representative is one who sells to both wholesalers and end users and one who does not sell primarily for his own account. The language is revised to include orders for products and services and to define "commissions" as including a percentage of profits.

H.3041 VENDOR AND EMPLOYEES MUST BE LEGAL RESIDENTS FOR RESIDENT VENDOR PREFERENCE IN STATE PROCUREMENT Rep. Talley
This bill provides that a vendor and its employees must be legal residents of South Carolina in order to take advantage of the preference provided for resident vendors under the State Consolidated Procurement Code.

H.3042 "SOUTH CAROLINA CONSUMER REPORT SECURITY FREEZE ACT" Rep. W. D. Smith
This bill enacts the South Carolina Consumer Report Security Freeze Act, which provides for a freeze on the release of a consumer file by a consumer credit reporting agency upon the request of a consumer who is the victim of identity theft. The legislation establishes procedures for implementing and removing the freeze, applicability of and exemptions from the freeze, and penalties for violation of these provisions.

H.3060 "ILLEGAL ALIENS AND PUBLIC EMPLOYMENT ACT" Rep. Ceips
This bill enacts the Illegal Aliens and Public Employment Act, to require public employers of the State to register and participate in the federal work authorization program. The legislation prohibits public employers of the State from entering into contracts for services unless the contractors and subcontractors comply with the federal work authorization program verifying immigration information on all new employees.

H.3070 REINSTATING AN INSURANCE PRODUCER'S LICENSE Rep. Kirsh
This bill revises provisions relating to the duration of an insurance producer's license and the lapsing of a license on renewal for nonpayment of a fee, so as to change the procedure for reinstating a license for nonpayment of a fee or failure to comply with the continuing education requirement.

H.3074 STATE GUARD UNDER WORKERS' COMPENSATION LAW Rep. Scott
This bill eliminates the requirement that the Adjutant General's Office must pay to the State Accident Fund premiums based on the actual workers' compensation benefits paid during the prior premium year on State Guard members, and instead permits the Adjutant General to pay to the State Accident Fund premiums to insure State Guard members through an insurance policy issued by an insurance carrier, thereby eliminating the State Guard's self-insured status under State workers' compensation law.

H.3076 COUNTYWIDE TOLL-FREE CALLING REQUIRED WITHIN YORK COUNTY Rep. Kirsh
This bill provides that the Public Service Commission shall require countywide toll-free calling to be provided by all telephone utilities operating within York County by July 1, 2007.

H.3078 "SOUTH CAROLINA UNIFORM MOBILE TELECOMMUNICATIONS ACCESSIBILITY ACT" Rep. Vick
This bill enacts the "South Carolina Uniform Mobile Telecommunications Accessibility Act," which requires mobile telecommunications service providers to make mobile telecommunications available statewide.

H.3084 REGULATION OF MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS, AND WHOLESALERS Rep. Clemmons
This bill revises provisions that regulate motorcycle manufacturers, distributors, dealers, and wholesalers. The legislation revises the procedure a manufacturer must follow who seeks to enter into a franchise establishing an additional new motorcycle dealership or relocating an existing new motorcycle dealership in a relevant market area where this line make is represented. The legislation establishes circumstances in which it is unlawful to compete unfairly with a motorcycle dealer; to own, operate, or control a motorcycle dealership or establish an additional dealer or motorcycle dealership; or, to own a facility that engages primarily in the repair of motorcycles. The legislation makes revisions regarding the termination, nonrenewal, or cancellation of a motorcycle franchise by a manufacturer or distributor. The legislation provides that a dealership may contract with an on-line electronic service to provide motorcycles to consumers in this State.

H.3104 LICENSURE OF LOCKSMITH AGENCIES Rep. Umphlett
This bill provides for the licensure of locksmith agencies, providing for employee registration and requiring signed work order forms when opening residences, commercial establishments, and motor vehicles. Penalties are provided for certain violations.

H.3107 COUNTYWIDE TOLL-FREE CALLING REQUIRED Rep. Kirsh
This bill provides that the Public Service Commission require countywide toll-free calling to be provided by all telephone utilities operating within a county by July 1, 2007.

H.3113 CANCELLATION PERIOD FOR TIME SHARE CONTRACTS Rep. Limehouse
This bill revises provisions relating to the furnishing of a fully completed copy of a time share contract by a seller and the terms of the agreement, so as to lengthen from five to ten days the cancellation period from the date the contract is signed. The legislation revises provisions for refund payments after the contract is executed, so as to extend from five to ten days the right to cancellation period.

H.3115 SEWER SPECIAL PURPOSE DISTRICTS' CONSTRUCTION FINANCING AUTHORITY Rep. Pinson
This bill authorizes a special purpose district that only provides sewage collection and disposal services to utilize any method of financing the construction of sewer lateral collection lines notwithstanding other provisions of law.

H.3117 CERTAIN WORKERS' COMPENSATION BENEFITS ELIMINATED FOR ILLEGAL ALIENS Rep.Toole
This bill eliminates certain workers' compensation benefits directly to an illegal alien. The legislation prohibits the Worker's Compensation Fund from making a payment to an injured illegal alien claimant if the payment is for salary, supplement, benefit, living sustenance, or other payments related to an injury experienced on the job. The legislation requires the alien to provide proper documentation to workers' compensation officials to prove he is legally residing in the United States at the time of the injury to receive certain nonmedical benefits.

H.3132 SUSPENSION/DENIAL OF PROFESSIONAL LICENSE FOR NONPAYMENT OF STUDENT LOANS Rep. Kirsh
This bill authorizes professional and occupational licensing boards to deny licensure or to suspend the license of an individual for nonpayment, default, or breach of a repayment or service obligation under any federal or state educational loan, loan repayment, or service-conditional scholarship program.

H.3154 WIND AND HAIL INSURANCE FOR COASTAL AREAS Rep. Clemmons
This bill the definition of the term "coastal area" in provisions pertaining to wind and hail insurance, so as to expand the term to include all areas in Horry County.

H.3156 DIRECTOR OF THE DEPARTMENT OF INSURANCE ELECTED BY THE GENERAL ASSEMBLY Rep. Clemmons
This bill provides that the Director of the Department of Insurance must be elected to office by the General Assembly, for a term of four years. The legislation makes the director subject to removal from office as provided by law for other executive department officers.

H.3173 BANKS AND OTHER SPECIFIED FINANCIAL INSTITUTIONS AUTHORIZED TO ENGAGE IN THE BUSINESS OF SERVICING INSURANCE PREMIUMS Rep. Limehouse
This bill revises provisions relating to insurance premium service companies, so as to allow banks and other specified financial institutions to engage in the business of servicing insurance premiums.

MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

H.3135 STUDY COMMITTEE ON SERVICE DELIVERY FOR PERSONS WITH EPILEPSY Rep. J.E. Smith
This joint resolution establishes a study committee to develop a statewide comprehensive service delivery system for persons with epilepsy. The legislation outlines the membership, duties, and responsibilities of the study committee.

H.3136 "CERVICAL CANCER PREVENTION ACT" Rep. Brady
Beginning with the 2009-2010 school year, this bill requires the Department of Health and Environmental Control to require female students enrolling in the seventh grade to have received the cervical cancer vaccine series. The bill allows for certain exceptions and for delaying the requirement for students who are not eleven years old at enrollment into the seventh grade. Implementation of this requirement is contingent upon state and federal funding.

H.3151 HEAD AND SPINAL CORD INJURY TRUST FUND Rep. J.E. Smith
This legislation creates the Head and Spinal Cord Injury Trust Fund to be administered by the Head and Spinal Cord Injury Trust Fund Commission under the Department of Disabilities and Special Needs. The purpose of this fund is for awarding grants to individuals and programs to provide care and rehabilitative services to persons with head or spinal cord injuries. The bill further provides that certain court fees must be credited to the Head and Spinal Cord Injury Trust Fund. The bill also repeals certain statutes relating to the South Carolina Spinal Cord Injury Research Board.

WAYS AND MEANS

H.3002 "PASS THROUGH" APPROPRIATIONS PROHIBITED Rep. Kirsh
This bill provides that all funds appropriated by the General Assembly for the use of a state agency must be used for the mission for which the agency was established by law and must not be passed through that agency to some other entity or individual for a purpose not directly related to the state agency's mission unless the act or joint resolution appropriating the funds explicitly provides the amount to be passed through, and the recipient and use of the passed-through funds. The bill also provides that a state agency may not award a grant of funds appropriated in an act or joint resolution of the General Assembly unless: (1) the amount of the grant and its recipient is explicitly provided in the legislation appropriating the grant funds; or (2) the grant is awarded pursuant to a grants program established in the general and permanent law of this state under the administration of the agency awarding the grants. Before a state agency may award a grant of funds appropriated by the General Assembly, the agency head shall certify in writing that the grant award complies with these requirements.

H.3007 TEACHER AND EMPLOYEE RETENTION INCENTIVE (TERI) PROGRAM DISCONTINUED Rep. Kirsh
This bill provides that the Teacher and Employee Retention Incentive (TERI) Program is closed to new participants effective July 1, 2007, and that the program is eliminated effective July 1, 2012, for all purposes except the distribution of program accounts existing on that date.

H.3008 TAX EXEMPTION FOR REAL PROPERTY OWNED BY A CHARITABLE ORGANIZATION Rep. Ballentine
This bill revises property tax exemption provisions, so as to exempt real property owned by a charitable organization which is not used for the organization's meetings or the organization's tax exempt purposes but which is held for future use by the organization in pursuit of its exempt purposes or which is held by the organization for investment in pursuit of the organization's exempt purposes. In order to qualify for the exemption, this real property while held must not be rented or leased for a purpose unrelated to the organization's exempt purposes and the use of the real property must not benefit of any private stockholder or individual.

H.3009 PETROLEUM FRANCHISE FEE Rep. Rice
This bill imposes a petroleum franchise fee on all suppliers of motor fuels sold and delivered within the State equal to five percent of the retail value of all motor fuel subject to the user fee sold by each supplier but not more than seven cents a gallon. Beginning July 1, 2008, the maximum fee of seven cents a gallon must be increased annually and cumulatively every July first by the Department of Revenue to reflect increases in the consumer price index occurring in the preceding calendar year. All proceeds derived from this petroleum franchise fee must be turned over to the Department of Transportation and credited to the state's highway fund.

H.3010 SERVICE CREDIT UNDR THE SOUTH CAROLINA RETIREMENT SYSTEM AND SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM Rep. Talley
This bill revises relating to service credit for purposes of the South Carolina Retirement System and South Carolina Police Officers Retirement System, so as prospectively to increase from ninety to one hundred twenty days the amount of unused sick leave for which a member otherwise eligible to retire receives service credit.

H.3011 REVISION OF STATE INCOME TAX CREDIT FOR GIFTS OF LAND FOR CONSERVATION OR CONSERVATION CONTRIBUTIONS Rep. Hagood
This bill revises the state income tax credit allowed for donations of a gift of land for conservation or a qualified conservation contribution, so as to provide that the credit equals twenty-five percent of the total value of the gift rather than twenty-five percent of the charitable deduction for the gift allowed on the taxpayer's federal income tax return. The legislation increases the maximum annual credit allowed a taxpayer from $52,500 to $150,000, and adjusts the maximum annual credit for increases in the consumer price index.

H.3012 SALES TAX EXEMPTION FOR FOOD Rep. Kirsh
This bill revises the local option sales tax, the capital project sales tax, the personal property tax exemption sales tax, and the transportation infrastructure sales tax, so as to exempt from these taxes unprepared food items eligible for purchase with United States Department of Agriculture Food Coupons.

H.3013 VENDOR LICENSING FOR GOVERNMENTAL PROCUREMENTS OF TANGIBLE PERSONAL PROPERTY Rep. Kirsh
This bill requires procurements by governmental bodies of tangible personal property to be made from vendors who are licensed by the South Carolina Department of Revenue and who agree to remit South Carolina sales and use tax. The legislation provides for exceptions to and enforcement of this requirement.

H.3015 PROPERTY TAX/ STATE INCOME TAX CREDITS FOR GRANTING PROPERTY FOR BUILDING A SIDEWALK OR BICYCLE PATH Rep. W. D. Smith
This bill establishes the option of a property tax credit or state income tax credit, instead of just compensation, for the value of property that is subject to a condemnation action to a landowner that grants property to a condemnor for the purpose of building a sidewalk or bicycle path.

H.3024 SUNSET REVIEW OF STATE GOVERNMENT PROGRAMS Rep. Rice
This bill establishes the South Carolina Sunset Commission and a Sunset Review Division of the Legislative Audit Council, to establish procedures providing for the manner in which the programs of certain agencies and departments of State government must be evaluated to determine if they should be continued in existence, modified, or terminated. The legislation establishes the procedures by which these programs must be continued, modified, or terminated.

H.3027 STATE INCOME TAX PROVISIONS REGARDING EMPLOYMENT OF UNAUTHORIZED ALIENS Rep. Viers
This bill provides that on or after January 1, 2008, no wages or remuneration for labor services to an individual of six hundred dollars or more a year may be claimed and allowed as a deductible business expense for state income tax purposes by a taxpayer unless the individual has an immigration status that authorizes him for employment. Exceptions are provided. The bill also provides that an employer paying wages to an employee is required to withhold state income tax at the rate of six percent of the amount of compensation paid to an individual which compensation is reported on Form 1099 and with respect to which the individual has: (1) failed to provide a taxpayer identification number; (2) failed to provide a correct taxpayer identification number; or (3) provided an Internal Revenue Service issued taxpayer identification number issued for nonresident aliens. An employer paying wages who fails to comply with these withholding requirements is liable for the taxes required to have been withheld unless the employer is exempt from federal withholding.

H.3043 APPRENTICESHIPS INCLUDED UNDER JOB DEVELOPMENT TAX CREDIT Rep. Talley
This bill revises the job development tax credit so as to include an apprenticeship as an eligible "new job." The legislation defines "apprentice," and to provides eligibility standards.

H.3045 "VOLUNTEER STRATEGIC ASSISTANCE AND FIRE EQUIPMENT ACT OF 2007 (V-SAFE)" Rep. Cooper
This bill enacts the "Volunteer Strategic Assistance and Fire Equipment Act of 2007 (V-SAFE)" so as to require the General Assembly to appropriate funds annually for grants that must be awarded to certain volunteer and combination fire departments for the purpose of protecting local communities and regional response areas from incidents of fire, hazardous materials, and terrorism, and to provide for the safety of volunteer firefighters. The legislation provides that the grants must be administered by the South Carolina State Firefighters Association in conjunction with a peer review panel.

H.3064 RATIFICATION OF PROPERTY TAX AMENDMENTS TO THE STATE CONSTITUTION Rep. Cotty
This bill ratifies the amendments to the South Carolina Constitution pertaining to property taxes that were approved by the voters at the general election. The amendments provide that taxes upon real property must be assessed in accordance with the methods as provided by the General Assembly and that the General Assembly shall establish a method of valuation for assessment of real property within the State and provide by law for the terms, conditions, and procedures to implement the provisions.

H.3072 SIXTY-CENT DEPOSIT ON EACH PACK OF TWENTY CIGARETTES SOLD Rep. Rice
This bill imposes a sixty-cent deposit on each pack of twenty cigarettes sold. The legislation requires retail sellers to remit these deposits to the Department of Revenue, to have these funds placed in a Cigarette Deposit Account in the State Treasury to be used for refunds of these deposits and for the operation of cigarette refund sites. The legislation provides for refund procedures and provides that Palmetto Pride shall establish and operate the refund sites. Unexpended funds in the Cigarette Deposit Account must be credited to a newly created Health Care Trust Fund from which the General Assembly must make appropriations in the annual appropriations act for health care needs in the State.

H.3073 "THE BEHAVIORAL HEALTH SERVICES ACT OF 2007" Rep. W. D. Smith
The legislation enacts "The Behavioral Health Services Act of 2007" so as to eliminate the Department of Alcohol and Other Drug Abuse Services, the Department of Disabilities and Special Needs, the Department of Mental Health, and the Continuum of Care for Emotionally Disturbed Children within the Office of the Governor and consolidate their powers and duties within a newly-created Department of Behavioral Health Services, which is charged with developing and implementing a State plan for the coordinated care and unified delivery of behavioral health services. The legislation provides that all Medicaid funds must be appropriated to the Department of Health and Human Services, which shall reimburse the Department of Behavioral Health Services for those Medicaid services it provides. The legislation requires the Department of Health and Human Services to develop and administer a central care management system for behavioral health services. The legislation also transfers and consolidates within the new framework the powers and duties of the Children's Case Resolution System, the Interagency System for Caring for Emotionally Disturbed Children, and the Department of Health and Environmental Control's Babynet services provided to infants and toddlers with disabilities and special needs.

H.3079 COUNTY PROPERTY TAX ASSESSMENTS AND CLASSIFICATIONS Rep. Kirsh
This bill provides for an appeal of a County Assessor's property tax assessment to the county governing body in certain cases and to allow the payment of attorney's fees to the taxpayer who prevails on appeal. The legislation also revises real property requirements for classification as agricultural use, so as to allow an agricultural use classification for real property under the same ownership.

H.3096 UNIVERSITY OF SOUTH CAROLINA-SUMTER AUTHORIZED TO OFFER FOUR-YEAR DEGREES Rep. Weeks
This bill authorizes the University of South Carolina-Sumter to offer four-year degrees contingent on funding. The legislation revises the State General Obligation Economic Development Bond Act, so as to revise the definition of "project" to include the University of South Carolina-Sumter for the purpose of implementation of its four-year degrees.

H.3098 LOTTERY TUITION ASSISTANCE FOR ON-CAMPUS TECHNICAL COLLEGE STUDENTS Rep. Sellers
This bill relating to tuition assistance for technical colleges and two-year public institutions of higher learning, so as to provide that a student who is enrolled in a technical college and resides an on-campus residential facility maintained by the technical college may receive lottery tuition assistance in addition to state and federal aid.

H.3101 "SPECIAL NEEDS SCHOLARSHIP PROGRAM" Rep. Rice
This bill establishes the "Special Needs Scholarship Program" that provides special needs students with the option to attend a public or nonpublic school of their choice. Any elementary or secondary student attending public school in the State with an individual education plan, including but not limited to students who are mentally handicapped, speech and language impaired, deaf or hard of hearing, visually impaired, dual sensory impaired, physically impaired, emotionally handicapped, specific learning disabled, autistic, or hospitalized or homebound due to illness or disability are eligible for program.

H.3103 STATEWIDE SOUTH CAROLINA SCHOOL DISTRICT Rep. Rice
This bill abolishes South Carolina's existing system of school districts and instead creates a single statewide South Carolina School District. The South Carolina School District assumes all assets and liabilities of the several school districts. Under the legislation, the State must be divided into forty local council districts, each to serve an approximately equal number of students. Each local council district must be governed by seven members elected from that local council district. The seven members of each local council shall elect a chairperson from among their membership. The chairperson representing each of these local councils along with the State Superintendent of Education comprise the state board of trustees that governs the South Carolina School District. Contingent upon the ratification of State constitutional amendments, this legislation requires the Superintendent of Education to be appointed by the Governor upon the advice and consent of the Senate and abolishes the State Board of Education. The legislation imposes an additional three percent statewide sales tax the revenue from which is to be placed in a separate fund for the support of the South Carolina School District. After all existing exemptions from property taxes imposed from school operations are applied, there is allowed an exemption equal to one hundred percent of the fair market value of all taxable property from property taxes imposed for school operations.

H.3108 VOICE MAIL RESTRICTIONS AT STATE AND LOCAL GOVERNMENT OFFICES Rep. Kirsh
This bill provides that an officer or employee of the state or a local government agency may not use a voice mail system if the officer or employee is at his regularly assigned workstation and his telephone is functional and available for use unless the voice mail system provides the caller with access to a nonelectronic attendant or automatically transfers the caller to a nonelectronic attendant.

H.3143 SALES TAX EXEMPTION FOR HOSPITAL BEDS, WALKERS, AND WHEELCHAIRS Rep. Kirsh
This bill exempts from sales tax hospital beds, walkers, and wheelchairs sold or rented to an individual under the written prescription of a health care professional.

H.3144 FULL HIGHER EDUCATION TUITION EXEMPTION FOR CERTAIN MEMBERS OF THE UNITED STATES ARMED FORCES AND THE SOUTH CAROLINA NATIONAL GUARD Rep. Jefferson
This bill revises provisions for one-half higher education tuition for members of the South Carolina National Guard, so as to provide instead for a full tuition exemption for certain members of the United States Armed Forces as well as the South Carolina National Guard under specified conditions.

H.3146 "SOUTH CAROLINA HYDROGEN INFRASTRUCTURE DEVELOPMENT ACT" Rep. Harrell
This bill establishes within the State Treasurer's Office the South Carolina Hydrogen Infrastructure Development Fund. Revenues of the fund must be distributed in the form of grants to the South Carolina Hydrogen and Fuel Cell Alliance and subgrantees to promote the development of fuel cell technology. A total of fifteen million dollars in grants may be made from the Fund, and neither grants nor subgrants may be made after June 30, 2012. The South Carolina Research Authority shall administer and distribute the subgrants. The Authority is required to submit an annual report to the Governor and General Assembly concerning the Fund. The Fund is authorized to receive donations, grants and any other funding as provided by law, and taxpayers may receive state income tax credits for contributions subject to certain limitations. The legislation also authorizes the Fund to receive automatic appropriations from the General Fund: seven million dollars for fiscal year 2007-08; five million dollars for fiscal year 2008-09; and three million dollars for fiscal year 2009-10. Revenues, regardless of source, remaining in the Fund after June 30, 2012, relapse to the General Fund. The legislation requires state agencies to consider purchasing equipment and machinery operated by hydrogen fuel cells. Additionally, the legislation provides for a sales tax exemption for equipment or machinery operated by or used to distribute hydrogen fuel cells and for equipment and machinery used predominately for research and development of hydrogen fuel cells.

H.3152 "SMALL BUSINESS HEALTH INSURANCE PREMIUM ASSISTANCE ACT" Rep. Agnew
This bill enacts the "Small Business Health Insurance Premium Assistance Act" and to establishes the Small Business Health Insurance Premium Assistance Program within the Department of Health and Human Services to provide health insurance premium assistance to small businesses for employees who are at or under two hundred percent of the federal poverty level. The bill establishes eligibility criteria for small businesses to participate in the program and requires eligible employees to contribute up to fifteen percent of the premium cost. The department is required to place caps on the number of employees that may enroll in the program so that no more funds are expended than are available for this program from the Medicaid match fund. The legislation provides that this program must be funded from a portion of an additional 1.6-cent per cigarette license tax, which must be adjusted annually based on the consumer price index. The bill directs the department to apply for a Medicaid waiver to implement this program. The legislation provides that the department shall provide Medicaid coverage to children eighteen years of age and younger whose family incomes do not exceed two hundred percent of the federal poverty level. The legislation creates a Medicaid match fund into which a portion of the additional cigarette tax must be deposited. The legislation provides for the distribution of the remaining portion of this additional 1.6-cent license tax on each cigarette to the Department of Health and Environmental Control and the Department of Agriculture.

H.3153 MASS TRANSIT Rep. McLeod
This bill establishes the Mass Transit Advisory Council and provide for its membership and functions. The legislation provides that revenue equal to two cents a gallon of the total user fee on gasoline must be used for mass transit.

H.3163 STATE MINIMUM WAGE Rep. Sellers
This bill establishes a state minimum wage of at least seven dollars each hour or requires an employer to pay the federal minimum wage if it is higher. The legislation allows a tax credit to certain eligible employers who pay the increased minimum wage. The bill revises provisions relating to the establishment of a local minimum wage in excess of the federal minimum wage, so as to prohibit a political subdivision from requiring a minimum wage lower than the state minimum wage.

H.3167 REFUNDABLE STATE INDIVIDUAL INCOME TAX CREDIT ULTIMATELY EQUAL TO TWENTY PERCENT OF THE FEDERAL EARNED INCOME TAX CREDIT Rep. Cobb-Hunter
This bill allows a refundable state individual income tax credit equal to ten percent of the federal earned income tax credit and annually increases the amount of the credit in increments of two and one-half percent until the credit equals twenty percent.

H.3168 "SOUTH CAROLINA SCHOOL FACILITIES INFRASTRUCTURE ACT" Rep. Cobb-Hunter
This bill revises the State School Facilities Bond Act so as to provide that beginning with fiscal year 2007-2008 and continuing for a period of four fiscal years thereafter, an additional three hundred million dollars in school facilities bonds may be issued over this five-year period, and to provide that these bonds must be allocated to school districts based on a formula which gives priority consideration to districts with higher percentages of students eligible for free or reduced priced lunches, the relative financial ability of a district to fund new school facilities or improve existing facilities, and remaining capacity of a district to issue additional capital improvement bonds. The legislation enacts the "South Carolina School Facilities Infrastructure Act," to establish the South Carolina School Facilities Infrastructure Authority, and to provide for its governance, powers, and duties. The legislation authorizes the authority to provide loans and other financial assistance to school districts to finance school facilities. The legislation allows state appropriations, grants, loan repayments, and other available amounts to be credited to the fund of the authority. The legislation authorizes lending to and borrowing by school districts through the authority and the issuance of general obligation bonds by the authority to be used for its stated purposes.

H.3170 ADDITIONAL PALMETTO FELLOWS AND LIFE SCHOLARSHIP STIPENDS FOR UNDERGRADUATE DEGREES IN SCIENCE OR MATHEMATICS Rep. Harrell
This bill provides that a resident student who is at least a sophomore attending a public or private institution in this state, majoring in science or mathematics, and receiving a Palmetto Fellows Scholarship or LIFE Scholarship shall receive an additional scholarship stipend for the remainder of his undergraduate term if he meets certain conditions including making satisfactory academic progress toward receiving an undergraduate degree in science or mathematics. The legislation provides that a science or mathematics major includes an engineering major.


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