Legislative Update
February 26, 2008
Vol. 25, No. 08

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

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


CONTENTS

NOTE: THESE SUMMARIES 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. THEY 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, February 26, 2008

HOUSE WEEK IN REVIEW

The House of Representatives did not concur in Senate amendments to S.392, the "SOUTH CAROLINA ILLEGAL IMMIGRATION REFORM ACT."

The House amended Senate amendments to H.3789, pertaining to EMPLOYEES AND RETIREES INSURANCE-ACCOUNTING FOR POST-EMPLOYMENT BENEFITS, and returned the bill to the Senate. The Senate subsequently concurred in the House amendments and enrolled the bill for ratification. This legislation revises provisions regarding employees and retirement insurance so as to bring the State into compliance with new federal requirements of the Governmental Accounting Standards Board for post-employment benefits. The legislation establishes the South Carolina Retiree Health Insurance Trust Fund (SCRHI trust fund) and the South Carolina Long Term Disability Insurance Trust Fund as the method of paying and accounting for retiree health insurance premiums and basic long term disability income benefit plan premiums in compliance with the new federal accounting standards.

The House approved S.990, relating to TESTIMONY AT A JUDICIAL MERIT SELECTION COMMISSION HEARING, and enrolled the bill for ratification. This legislation provides that any person who desires to testify at the hearing, including candidates, shall furnish a written statement of his proposed testimony to the commission no later than two weeks prior to the date and time set for the hearing unless sufficient cause is determined by the Judicial Merit Selection Commission for allowing the submitting individual's testimony after the deadline. Current law provides that the statements must be furnished no later than 48 hours before the date and time set for the hearing.

The House amended, approved, and sent to the Senate H.4476, a bill authorizing the DEPARTMENT OF LABOR, LICENSING AND REGULATION (LLR) TO REQUIRE CRIMINAL BACKGROUND CHECKS. This bill authorizes LLR to require criminal history background checks of various applicants for the purpose of determining an applicant’s eligibility for practice authorization; in this case costs of conducting a criminal records check must be borne by applicant. The bill also authorizes LLR to require such a background check in connection with an investigation or disciplinary proceeding concerning a person authorized to practice a profession or occupation. In this case, cost of conducting a criminal records check must be borne by LLR and may be recovered as administrative costs associated with an investigation or hearing unless ordered by the board as a cost in a disciplinary proceeding. LLR must keep information received confidential, except as may be necessary to support certain administrative action.

The House amended, approved, and sent to the Senate H.3028, relating to MISREPRESENTATION OF THE IDENTITY OF FOOD OR A FOOD PRODUCT. Under this legislation, it is an unfair trade practice to knowingly and wilfully misrepresent the identity of food or a food product in connection with the sale, offer for sale, barter, trafficking in, or other distribution or offer of distribution of the food or food product. The identity of food or a food product is misrepresented if the food or food product: (1) is served, sold, or otherwise distributed or offered for distribution under the name of another food or food product that is materially different; (2) is represented to be a product of the State of South Carolina but is actually the product of another state, country, or territory; or (3) is misrepresented as meeting the definition of identity or standard of quality as established by law. A food or food product is not, however, materially different from that it is represented to be if it meets the generic description established by custom and usage. These provisions do not apply to a menu item that is temporarily unavailable if that fact is disclosed to the customer.

The House approved and sent to the Senate H.4560. This bill allows the Department of Motor Vehicles to issue EMERGENCY WAIVERS OF REGISTRATION AND LICENSING REQUIREMENTS OF MOTOR CARRIERS PROVIDING HUMANITARIAN RELIEF during the time of an emergency.

The House approved and sent to the Senate H.3982, relating to GROSS VEHICLE WEIGHT. This bill provides for commercial drivers licenses to be issued based on the gross vehicle weight rating. Also existing statutes identify the maximum empty weight and the maximum gross vehicle weight that a pickup can have in order to be issued certain special plates. This bill provides one standard to use to issue special plates or regular passenger plates for pickups.

The House approved and sent to the Senate H.4547, a bill pertaining to MIGRATORY WATERFOWL STAMPS. For the privilege of hunting or taking migratory waterfowl and in addition to a hunting license, a person must purchase a migratory waterfowl permit for five dollars and fifty cents. The evidence of this purchase must be endorsed on the hunting license, with the permit expiring every year on June thirtieth. This bill also allows for the Department of Natural Resources to produce commemorative stamps as collector’s items, which must be sold at a price no less than five dollars. The commemorative stamps are not valid for hunting and anyone who purchases a migratory waterfowl permit may obtain a commemorative stamp at no additional cost. The Migratory Waterfowl Committee will manage the selection of the annual commemorative migratory waterfowl stamp design. In addition, the bill outlines how funds derived from the sale of the stamps and any prints or related items will be expended.

The House amended, approved, and sent to the Senate H.4548, a bill relating to CATCH LIMIT PROVISIONS FOR STRIPED BASS. This bill provides that in the Lower Santee River Cooper River systems from June first to September thirtieth, it is unlawful to take or possess any striped bass. Also, from October first through May thirtieth, it is unlawful to take or posses more than three striped bass per day. The striped bass must be less than twenty-six inches in total length and must be landed with head and tail fin intact. The bill does include a point system for violations. The Department of Natural Resources shall provide recommendations for any needed modification to the restrictions before January 1, 2015. This legislation also adds a definition section for the purpose of fish protection. It defines the "Lower Santee River system" as being all waters and tributaries seaward of the Lake Murray Dam, the Columbia Canal Diversion Dam, and the Lake Wateree Dam to the freshwater/saltwater dividing line on the North Santee River and the South Santee River. The "Cooper River system" is defined as all waters and tributaries, including the Tailrace Canal, of the Cooper River from its point of origin seaward to the freshwater/saltwater dividing line.

The House approved and sent to the Senate H.4497, a bill REMOVING WHITE PERCH FISH FROM THE STATE LIST OF GAME FISH.


HOUSE COMMITTEE ACTION

AGRICULTURE, NATURAL RESOURCES, AND
ENVIRONMENTAL AFFAIRS

The Agriculture Committee met on Tuesday, February 19, 2008, and addressed several matters.

H.4548 CATCH LIMIT PROVISIONS FOR STRIPED BASS received a favorable with amendment report from the full committee. This bill provides that in the Lower Santee River Cooper River systems from June first to September thirtieth, it is unlawful to take or possess any striped bass. Also, from October first through May thirtieth, it is unlawful to take or posses more than three striped bass per day. The striped bass must be less than twenty-six inches in total length and must be landed with head and tail fin intact. The bill does include a point system for violations. The Department of Natural Resources shall provide recommendations for any needed modification to the restrictions before January 1, 2015. This legislation also adds a definition section for the purpose of fish protection. It defines the "Lower Santee River system" as being all waters and tributaries seaward of the Lake Murray Dam, the Columbia Canal Diversion Dam, and the Lake Wateree Dam to the freshwater/saltwater dividing line on the North Santee River and the South Santee River. The "Cooper River system" is defined as all waters and tributaries, including the Tailrace Canal, of the Cooper River from its point of origin seaward to the freshwater/saltwater dividing line.

H.4547, a bill pertaining to MIGRATORY WATERFOWL STAMPS received favorable approval from the full committee. For the privilege of hunting or taking migratory waterfowl and in addition to a hunting license, a person must purchase a migratory waterfowl permit for five dollars and fifty cents. The evidence of this purchase must be endorsed on the hunting license, with the permit expiring every year on June thirtieth. This bill also allows for the Department of Natural Resources to produce commemorative stamps as collector’s items, which must be sold at a price no less than five dollars. The commemorative stamps are not valid for hunting and anyone who purchases a migratory waterfowl permit may obtain a commemorative stamp at no additional cost. The Migratory Waterfowl Committee will manage the selection of the annual commemorative migratory waterfowl stamp design. In addition, the bill outlines how funds derived from the sale of the stamps and any prints or related items will be expended.

The full committee gave favorable approval to H.4497, CLASSIFICATIONS OF BIRDS, ANIMALS AND FISH, removing white perch fish from the state list of game fish.

EDUCATION AND PUBLIC WORKS

The full committee did not meet this week.

H.4662 received a favorable with amendment recommendation from the full committee at its last meeting. However, the committee’s proposed amendment to this bill was unavailable in time for publication of the Legislative Update last week. H.4662 is a bill that makes REVISIONS TO THE EDUCATION ACCOUNTABILITY ACT. Revisions include, but are not limited to, the following:

End-of-Year Assessments (grades 3-8)

In lieu of the Palmetto Achievement Challenge Test (PACT), this bill provides for the Elementary and Middle School Assessment Program (EMSAP). The EMSAP multiple choice items would be administered at the end of the year, and the writing component would be administered earlier in the year. Reports from the EMSAP include strand information. The EMSAP would be first administered in 2010.

Subjects Tested for Accountability

The subject areas tested for accountability have not changed with this bill. Subjects tested for accountability include English/language arts, mathematics, science and social studies.

Other Assessment Tools Provided

This bill provides that formative assessments must provide diagnostic information in English/language arts beginning with the 2008-2009 school year; and in English/language arts, mathematics, science, and social studies beginning with the 2009-2010 school year, in a timely manner to all school districts for each student at least twice during the course of the school year. Also, copies of individual student score reports must be included in the student’s academic file.

Assessment Data

Currently, there is no codified deadline for student assessment results to be provided. This bill provides that assessment results on individual students and schools are due by August 1.

Student Performance Levels

Currently, student performance levels are not codified, but under current practice there are four levels: advanced, proficient, basic, and below basic. This bill provides for three student performance levels: exemplary (demonstrated exemplary performance in meeting grade level standard), met (met grade level standard), and not met (did not meet grade level standard). For purposes of reporting as required by federal statute, proficiency includes students performing at met or exemplary.

State and Federal Level Accountability Reporting Levels

Current practice provides for separate levels for state and federal accountability reporting. This bill provides for the same levels for state and federal accountability reporting.

Annual School and District Report Cards

This bill provides that annual report cards must meet federal report card requirements. This bill further provides that district report cards will include the state’s National Assessment of Educational Progress (NAEP) scores as well as scores of the nation. NAEP is the only nationally representative and continuing assessment of what America's students know and can do in various subject areas.

Performance Awards

Currently, there are two performance awards: Palmetto Gold and Palmetto Silver. In addition to these two awards, this bill provides for a closing the achievement gap award for schools making substantial progress in closing the achievement gap between disaggregated groups.

Other Items

Currently, district and school performance are referred to as absolute and improvement. Under this bill, district and school performance are referred to as absolute and growth.

JUDICIARY

The Judiciary Committee met on Tuesday, February 19, 2008.

S.990, a bill relating to TESTIMONY AT A JUDICIAL MERIT SELECTION COMMISSION HEARING, received a favorable recommendation from the Judiciary Committee. This bill provides that any person who desires to testify at the hearing, including candidates, shall furnish a written statement of his proposed testimony to the commission no later than two weeks prior to the date and time set for the hearing unless sufficient cause is determined by the Judicial Merit Selection Commission for allowing the submitting individual's testimony after the deadline. Current law provides that the statements must be furnished no later than 48 hours before the date and time set for the hearing.

H.4601 received a favorable with amendment report. This bill makes numerous REVISIONS RELATING TO CRIME VICTIMS, including but not limited to:

H.4476, a bill authorizing the DEPARTMENT OF LABOR, LICENSING AND REGULATION (LLR) TO REQUIRE CRIMINAL BACKGROUND CHECKS, received a favorable with amendment recommendation from the full committee. This bill authorizes LLR to require criminal history background checks of various applicants for the purpose of determining an applicant’s eligibility for practice authorization; in this case costs of conducting a criminal records check must be borne by applicant. The bill also authorizes LLR to require such a background check in connection with an investigation or disciplinary proceeding concerning a person authorized to practice a profession or occupation. In this case, cost of conducting a criminal records check must be borne by LLR and may be recovered as administrative costs associated with an investigation or hearing unless ordered by the board as a cost in a disciplinary proceeding. LLR must keep information received confidential, except as may be necessary to support certain administrative action.

The following bills were recommitted to their respective subcommittees:

H.3875, relating to the POWERS OF COUNTY GOVERNMENT, was recommitted to the Special Laws Subcommittee

LABOR, COMMERCE AND INDUSTRY

The full committee did not meet this week.

MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

The full committee did not meet this week.

WAYS AND MEANS

The full House Ways and Means Committee met throughout the week on its proposed STATE GOVERNMENT BUDGET for fiscal year 2008-2009. The committee approved the GENERAL APPROPRIATIONS BILL and a joint resolution providing for CAPITOL RESERVE FUND APPROPRIATIONS. Highlights of the $7.3 billion proposed state government budget include:

In response to the reduction in revenues available for appropriation, the proposed budget utilizes a portion of Department of Health and Human Services carry forward funds. Agencies, excluding health agencies and funding at the Department of Education for school districts, received a 2.36% base reduction. These base reductions totaled $46.8 million. Targeted reductions, totaling $12.7 million, were also taken in the areas of travel expenses and information technology.


BILLS INTRODUCED IN THE
HOUSE THIS WEEK

EDUCATION AND PUBLIC WORKS

H.4724 SOUTH CAROLINA COLLEGE AND UNIVERSITY BOARD OF REGENTS Rep. G.M. Smith
In order to foster the development of a coordinated system of higher education, to improve the quality of education, to extend its benefits, and to encourage an economical use of the State's resources, this legislation redefines the South Carolina system of higher education. Among other things, this bill establishes the South Carolina College and University Board of Regents and provides for its membership, powers, duties, and responsibilities.

H.4732 SCHOOL DISTRICT EMPLOYEE PROHIBITIONS Rep. Mahaffey
This bill provides that a school district employee may not use district computers, networks, web sites, or e-mail lists that advocate for or against: (1) an election or defeat of a candidate for elective office; (2) a passage or defeat of a referendum question; or (3) a passage or defeat of a matter pending before the local school board, local governing body, General Assembly, or United States Congress. These provisions must not be construed to prohibit the discussion or use of political or issue-oriented materials as part of classroom discussions or projects or to prohibit the delivery of informational materials. A school district employee violating the provisions of this legislation must be suspended from employment without pay for three months.

JUDICIARY

S.1099 CRIMINAL DOMESTIC VIOLENCE STUDY COMMITTEE Sen. Martin
This joint resolution creates a study committee to review the criminal domestic violence laws of the State and make recommendations to the General Assembly concerning any proposed changes. The study committee must be composed of five members of the Senate, appointed by the President Pro Tempore, and five members of the House of Representatives, appointed by the Speaker of the House. Any vacancies in the membership of the study committee must be filled for the remainder of the unexpired term in the manner of original appointment. Members of the study committee may receive per diem, subsistence, and mileage as provided by law for members of state boards, committees, and commissions. The study committee shall make a report of its recommendations to the General Assembly no later than January 31, 2009, at which time the study committee must be dissolved.

H.4725 BALLOT STANDARDS AND SPECIFICATIONS Rep. Harrell
This bill provides that the name of each candidate shall appear no more than once on the ballot. If a candidate has been nominated by multiple parties or petitions, the bill further provides that the name of each party or petition nominating the candidate must be listed under the candidate's name.

H.4736 REVISIONS TO THE DEPARTMENT OF NATURAL RESOURCES Rep. Harrison
Relating to the establishment of the Department of Natural Resources as an executive branch of state government, this bill provides that the department will be headed and governed by a director appointed by the governor upon the advice and consent of the Senate in the manner provided by law. The bill further provides that the Board of the Department of Natural Resources on the effective date of the above provision shall become an advisory body. The bill revises numerous other statutes to reflect these changes.

H.4737 REVISIONS TO THE DEPARTMENT OF MENTAL HEALTH Rep. Harrison
Relating to the State Department of Mental Health, this bill provides that the director must be appointed by the governor instead of the South Carolina Mental Health Commission. Under this bill, the commission is an advisory board.

H.4738 REVISIONS TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS Rep. Harrison
Relating to the Department of Disabilities and Special Needs, this bill provides that the department is headed and governed by a director appointed by the governor with the advice and consent of the Senate. Under this bill, the South Carolina Commission on Disabilities and Special Needs serves as an advisory board to the director.

H.4739 REPEAL OF STATUTES RELATING TO THE UNLAWFUL SALE OF TICKETS TO AN ATHLETIC CONTEST OR ENTERTAINMENT OR AMUSEMENT EVENTS Rep. Skelton
This bill repeals the current statute relating to the unlawful sale of tickets to an athletic contest or entertainment or amusement event at a price in excess of one dollar above the price originally charged. The bill also repeals the current statute relating to the unfair trade practice of knowingly purchasing tickets to an event with the intention to resell the tickets in excess of one dollar of the price originally charged.

LABOR, COMMERCE AND INDUSTRY

S.398 DEFERRED PRESENTMENT SERVICES RESTRICTIONS Sen. Ford
This bill places new restrictions on deferred presentment services, including a prohibition on entering into a new deferred presentment transaction with an individual who has an outstanding deferred presentment loan.

H.4719 REVISIONS TO ASSIGNMENT AND SUBROGATION OF CLAIMS FOR REIMBURSEMENT FOR MEDICAID SERVICES Rep. Huggins
This bill revises provisions relating to assignment and subrogation of claims for reimbursement for Medicaid services. The legislation imposes requirements for health insurance entities responsible for payment of health care items or services in this State. The legislation changes the definition of "third party" to include a contractual benefit that otherwise is first-party coverage. The legislation revises provisions relating to assignment of rights to the South Carolina Department of Health and Human Services to recover an amount paid by Medicaid to a third party, so as to provide that payment of medical assistance by Medicaid constitutes evidence of receipt by the beneficiary of information explaining his assignment of rights. The legislation revises provisions relating to recovery of medical assistance paid from certain estates, so as to replace the term "institutionalized" with references to types of care for which recovery can be made. The legislation changes the homestead exemption to fifty percent of the average home value in the county where the home is situated. The legislation imposes a time limit on undue hardship waivers and defines the terms "child", "disabled child", and "good cause." The legislation requires a probate court of competent jurisdiction and personal representative of the estate of a nursing home patient who died in a nursing home to notify the department of the patient’s death.

H.4723 MISLEADING USE OF THE TERMS "SOUTH CAROLINA" OR "STATE" IN BUSINESS TRADE NAMES Rep. G. M. Smith
This bill provides that is an unfair trade practice to use the words ‘South Carolina’ or ‘State’ in a business trade name with an intent to mislead customers as to the involvement of the State in the business or to instill false confidence in the success of potential transactions with the business. A violation subjects a business to the provisions, penalties, and damages of the South Carolina Unfair Trade Practices Act.

H.4735 USE OF EDUCATIONAL TELEVISION NETWORK LICENSES AND EXCESS BROADCAST SPECTRUM CAPACITY Rep. Harrell
This joint resolution directs the Educational Television Network to make all necessary filings with the Federal Communications Commission as soon as practicable to indicate an intention to retain licenses currently operated by the Educational Television Network and an intention to form a public/private partnership to complete the necessary transition from an analog to digital system. The State Budget and Control Board is directed to hire, using funds from approved accounts of the Department of Commerce, a nationally-recognized telecommunications consultant to assist with the development of a request for proposal and an analysis of various business models for the leasing of excess capacity on the spectrum and to provide an estimate of the value of licenses operated by the Educational Television Network.

H.4746 MANUFACTURED HOUSING BOARD REPRESENTATION AND MANUFACTURED HOME APPRENTICE RETAIL SALESPERSON Rep. Bowers
This bill provides that one member of the South Carolina Manufactured Housing Board must be a representative of the manufactured housing industry from a list of candidates submitted to the Governor by the Manufactured Housing Institute of South Carolina. The legislation revises provisions for the licensure and regulation of the manufactured housing industry, so as to provide a definition for a manufactured home apprentice retail salesperson and establish requirements for an apprentice salesperson license.

MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

S.970 CONFIDENTIALITY OF SEXUALLY TRANSMITTED DISEASE RECORDS Sen. Hutto
Under current law, if a minor attending public school, has Acquired Immunodeficiency Syndrome (AIDS) or is infected with Human Immunodeficiency Virus (HIV), the virus that causes AIDS, the South Carolina Department of Health and Environmental Control is required to notify the district superintendent and school nurse assigned. This bill deletes this notification provision.

S.1005 AGE RESTRICTIONS ON BLOOD DONORS Sen. Lourie
Currently, the law allows for seventeen year olds to donate blood. This bill adds that a person sixteen years old may donate blood with written consent of parent or guardian. This bill also revises provision that it is unlawful for person under eighteen years old to sell blood.

H.4713 QUALIFICATION CHANGE REGARDING STATE VETERANS’ CEMETERIES Rep. White
One of the qualifications a veteran must meet to receive a plot in a State Veterans’ Cemetery is that he or she must have been a resident of the state for twenty years. This bill reduces the twenty-year requirement to eight years.

WAYS AND MEANS

H.4720 INCOME TAX DEDUCTION FOR A VOLUNTEER CHAPLAIN FOR A PUBLIC LAW ENFORCEMENT AGENCY Rep. Talley
This bill establishes a South Carolina individual income tax deduction for a volunteer serving as a chaplain for a public law enforcement agency and provides the requirements for claiming this deduction.

H.4721 TAX EXEMPTION FOR PROPERTY OWNED BY A NOT-FOR-PROFIT STATE OR COUNTY FAIR ASSOCIATION Rep. W. D. Smith
This bill establishes a property tax exemption for all real and personal property owned by a state or county fair association or society operating as a not-for-profit entity.

H.4722 SALARIES OF FULL-TIME CIRCUIT SOLICITORS Rep. G. M. Smith
This bill provides that a full-time circuit solicitor shall earn a salary that is not less than the salary of a full-time circuit court judge.

H.4743 AFFORDABLE HOUSING PROJECTS UNDER MUNICIPAL AND COUNTY TAX INCREMENT FINANCING Rep. Mitchell
This bill revises provisions of the Tax Increment Financing Acts for municipalities and counties, so as to provide that redevelopment projects also include affordable housing projects where all or a part of new property tax revenues generated in the tax increment financing district are used to provide or support publicly-owned affordable housing in the district or is used to provide infrastructure projects to support such in the district. The legislation repeals the Tax Increment Financing Act for counties found in Chapter 33 of Title 6 of the code of laws.

H.4745 "SOUTH CAROLINA RESIDENTIAL IMPROVEMENT DISTRICT ACT" Rep. Young
This bill enacts the "South Carolina Residential Improvement District Act", authorizing a county and municipality to create an improvement district comprised of noncontiguous parcels of land and use assessments to fund improvements located outside the boundaries of an improvement district. The legislation authorizes an assessment to be used for the construction and operation of improvements to fund construction and maintenance of infrastructure and improvements related to new development.


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