February 10, 2009
Vol. 26, No. 04
South Carolina House of Representatives
Robert W. Harrell, Jr., Speaker of the House
OFFICE OF RESEARCH AND CONSTITUENT SERVICES
Room 212, Blatt Building, P.O. Box 11867, Columbia, S.C.
29211, (803) 734-3230
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 10, 2009
HOUSE WEEK IN REVIEW
The House of Representatives amended, approved, and sent to the Senate H.3137. This bill provides that ANIMAL CONTROL OFFICERS have the same custodial arrest authority as litter control officers.
The House approved H.3446, a House Resolution to revise the reporting date from January 13, 2009, to March 31, 2009, for the TASK FORCE ON JUVENILE STATUS OFFENDERS.
HOUSE COMMITTEE ACTION
AGRICULTURE, NATURAL RESOURCES, AND
The full committee did not meet this week.
EDUCATION AND PUBLIC WORKS
The full committee did not meet this week.
The full committee met on Tuesday, February 3, 2009. The Judiciary Committee gave a favorable report to H.3245, relating to PREREQUISITES TO PERFORMING AN ABORTION. This bill provides if an ultrasound is performed, an abortion must not be performed sooner than 24 hours, rather than 60 minutes, following the completion of the ultrasound. The bill provides that a woman also must be informed by the physician who is to perform the abortion or by a allied health professional working in conjunction with the physician of the procedure to be involved and by the physician who is to perform the abortion of the probable gestational age of the embryo or fetus, verified by an obstetric ultrasound, if performed, at least twenty-four hours before an abortion is performed. The bill further provides that an abortion may not be performed sooner than 24 hours, rather than one hour, after the woman receives certain written materials.
H.3137, relating to ANIMAL CONTROL OFFICERS, received a favorable with amendment recommendation from the full committee. This bill provides that an animal control officer has the same powers and duties as a litter control officer.
The Judiciary Committee gave a favorable with amendment report H.3067, a bill relating to METHODS OF NOMINATING CANDIDATES (FUSION VOTING). This bill prohibits a candidate from filing more than one statement of intention of candidacy for a single election. The bill prohibits a candidate from being nominated by more than one political party for a single office in an election. The bill further prohibits a candidate’s name from appearing on the ballot more than once for any single office for the same election.
LABOR, COMMERCE AND INDUSTRY
The full Labor, Commerce and Industry Committee met on Tuesday, February 3, and reported out two bills.
The committee gave a report of favorable with amendment on H.3301, a bill establishing new restrictions for deferred presentment transactions, commonly referred to as PAYDAY LENDING. Under the legislation, an individual is limited to having no more than one deferred presentment transaction at any one time. The legislation also provides that, in order to be licensed to engage in deferred presentment, a business must submit to the Consumer Finance Division of the Board of Financial Institutions, for its approval, an extended payment plan to be offered, at no additional charge, to a customer who is unable to repay a deferred presentment transaction when originally due. If, before the due date of a deferred presentment transaction, a customer provides notice that he is unable to repay on time, the licensee must provide to the customer the right to repay the deferred presentment transaction under the terms and conditions of the approved extended payment plan. If a customer enters into an extended payment plan, that customer is not eligible to enter into a subsequent deferred presentment transaction until repayment in full of the original deferred presentment transaction. In order to prevent an individual from having multiple deferred presentment transactions at any one time, the legislation requires the Consumer Finance Division to implement a common database with real-time access through an Internet connection that lists all those who have entered into a deferred presentment transaction and all those who have entered into an extended payment plan. Deferred presentment providers must consult this database prior to entering into a transaction and may not enter into a deferred presentment transaction with a person who has an outstanding deferred presentment transaction with any licensee or who has entered into an extended payment plan. The legislation imposes reporting requirements on deferred presentment providers to keep the database updated regarding all transactions, establishes conditions for the release of database information, and allows for the charging of a database verification fee. The legislation provides that the total amount advanced to a customer for deferred presentment or deposit, excluding authorized fees, may not exceed six hundred dollars. The legislation provides that a person may not engage in the business of deferred presentment services with a customer residing in this state, whether or not that person has a location in South Carolina, without obtaining a license in this state and complying with this state’s legal requirements.
The committee gave a report of favorable with amendment on H.3299, the "CUSTOMER CHOICE AND TECHNOLOGY INVESTMENT ACT OF 2009". The legislation responds to the rapidly-evolving array of new options for telecommunication services resulting from competition among traditional telephone service providers, cable companies offering communications services, voice over Internet protocol (VoIP) providers, wireless communications service providers, and other communications service providers by establishing a mechanism for alternative regulation that a local exchange carrier may choose which relaxes certain restrictions to relieve customers of unnecessary costs and burdens, encouraging investment, and promote timely deployment of more innovative offerings at more competitive prices for customers. This optional alternative regulation is offered as a means of making the full range of competitive options and offerings available to customers of communications services while maintaining inflation-based price controls for those existing customers who currently receive and wish to continue receiving only stand-alone basic residential lines from traditional telephone companies, and at the same time ensuring that customers in rural areas of the State continue to have access to basic local exchange service at affordable rates.
MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS
The full committee did not meet this week.
WAYS AND MEANS
The full committee did not meet this week.
BILLS INTRODUCED IN THE
HOUSE THIS WEEK
AGRICULTURE, NATURAL RESOURCES, AND
H.3433 FURBEARING TRAPPER LICENSE Rep. Bales
This bill outlines that after successful completion of a Trapper Education Course, a youth under the age of sixteen may take furbearing animals for commercial purposes without obtaining a commercial fur harvest license or hunting license. In addition, a person who currently has a commercial fur license revoked, suspended or denied, may not accompany a youth engaged in trapping activities or attempt to benefit commercially from a certified youth taking furbearing animals. Penalties for this misdemeanor is fined not less than three hundred dollars or no more than one thousand dollars or imprisoned for not more than sixty days for each violation. The bill further states that in addition to any other penalty, the hunting and fishing privileges of a person convicted must be suspended for an additional year. The department must notify the person of the additional suspension by mail and proof of the attempted mailing wil serve as notification.
EDUCATION AND PUBLIC WORKS
S.357 SOUTH CAROLINA STATE PORTS AUTHORITY AND THE MARITIME COMMUNITY Senate Transportation Committee
This concurrent resolution recognizes the South Carolina State Ports Authority and the maritime community for their contributions to the State's economy and for the significant role ports play in advancing South Carolina's position in the global economy. The resolution also recognizes the expeditious pursuit of new port capacity, and the renewed commitment to cooperation and involvement by many in the maritime community to focus our port system on regaining market share for our State.
H.3411 "INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN" Rep. J.E. Smith
The stated purpose of this compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by:
H.3430 CENTRALIZED PROCUREMENT, PERSONNEL, AND FINANCIAL MATTERS INTO ONE COUNTY OFFICE IF A COUNTY IS COMPRISED OF MORE THAN ONE SCHOOL DISTRICT Rep. Bowen
- Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of education records from the previous school districts or variations in entrance/age requirements.
- Facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content or assessment.
- Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities.
- Facilitating the on-time graduation of children of military families.
- Providing for the promulgation and enforcement of administrative rules implementing the provisions of this compact.
- Providing for the uniform collection and sharing of information between and among member states, schools and military families under this compact.
- Promoting coordination between this compact and other compacts affecting military children.
- Promoting flexibility and cooperation between the educational system, parents and the student in order to achieve educational success for the student.
If a county is comprised of more than one school district, this bill requires the school districts within that county to collaboratively develop and implement a plan to centralize all procurement, personnel, and financial matters into one county office. A county may not have multiple offices to oversee these operations. Each county office must have no more than one administrator to supervise a staff of no more than ten people. If the school districts within a county fail to implement these provisions by July 1, 2010, the State Superintendent of Education shall appoint an administrator and staff to centralize these operations.
H.3453 TRAFFIC TICKETS Rep. Hiott
Relating to handwritten and electronic traffic tickets, this bill deletes the requirements that the various copies of the traffic tickets be certain colors.
H.3462 CONSTRUCTION, IMPROVEMENT, AND RENOVATION OF PUBLIC SCHOOLS Rep. Umphlett
This bill provides that new construction of elementary, middle, and high school facilities must comply with specified design and architectural requirements imposed by a committee of the State Department of Education (SDE). This committee shall create three standard architectural plans for elementary schools, middle schools, and high schools to which all new construction must comply unless prior approval for adaptation is received by the SDE. Standard plans are the property of the SDE upon adoption. A school district may not be charged for use of the plans, but it may be charged for adaptation of the plans.
H.3405 ADJOURNMENT OF THE GENERAL ASSEMBLY Rep. Harrell
This bill provides for sine die adjournment of the General Assembly on the first Thursday of May rather than the first Thursday in June. In any year that the House of Representatives fails to give third reading to the annual General Appropriation Bill by March fifteenth, the date of sine die adjournment is extended by one statewide day for each statewide day after March fifteenth that the House fails to give the bill third reading.
H.3409 "PERSONAL INFORMATION CONFIDENTIALITY ACT" Rep. J.E. Smith
The bill notes increasing use of computers and other sophisticated information technology has greatly magnified the potential risk to individual privacy of personal information. Among other things, this bill enacts the "Personal Information Confidentiality Act" so as to provide procedures for the collection, maintenance, and disclosure of personal information on citizens. The bill also provides certain rights to persons who suffer adverse effects because of the failure of state agencies to comply with these provisions.
H.3410 PROPOSED CONSTITUTIONAL AMENDMENT RELATING TO EACH HOUSE OF THE GENERAL ASSEMBLY BEING THE JUDGE OF THE ELECTION RETURNS AND QUALIFICATIONS OF ITS MEMBERS Rep. J.E. Smith
This joint resolution proposes to amend the State Constitution relating to each house of the General Assembly being the judge of the election returns and qualifications of its members so as to delete this authority.
H.3412 GRANPARENT VISTITATION Rep. Week
This bill allows family court to order visitation for grandparents if the court finds by clear and convincing evidence that the child's parents are depriving the grandparent visitation with the child and that it is in the child's best interest to have visitation with the grandparent.
H.3413 DEFINITIONS REGARDING BEER KEG REGISTRATION REQUIREMENTS Rep. Harrison
Under this bill, the term 'keg' means a metal container of beer with a capacity of 5.16 gallons or more that is designed to dispense beer directly from the container in an off-premises location.
H.3416 ESTABLISHMENT OF THE CRIMES OF ILLEGAL DRIVING WHEN DEATH OCCURS AND ILLEGAL DRIVING WHEN GREAT BODILY INJURY OCCURS Rep. Allison
This bill creates the felony offenses of illegal driving when death occurs and illegal driving when great bodily injury occurs. The bill includes penalties for offenses.
H.3417 PROPOSED CONSTITUTIONAL AMENDMENT RELATING TO SESSIONS OF THE GENERAL ASSEMBLY Rep. Harrell
This joint resolution proposes to amend the State Constitution so as to provide for annual sessions of the General Assembly beginning on the first Tuesday in February rather than the second Tuesday in January of each year.
H.3418 PHOTOGRAPH IDENTIFICATION FOR VOTING Rep. Harrell
This bill requires an elector to produce a valid photo identification card at the time of casting his ballot. The bill also requires a poll manager to compare the photograph on the required identification with the person presenting himself to vote and verify that the photograph is that of the person seeking to vote. If the elector cannot produce a valid South Carolina driver's license or other form of identification containing a photograph issued by the Department of Motor Vehicles, the elector may cast a provisional ballot that is counted only if the elector brings a valid photo identification to the board of voter registration within ten days after the election.
H.3431 SEXUAL EXPLOITATION OF MINORS Rep. Harrison
This bill defines the term "sexually explicit conduct," and references it in various offenses relating to sexual exploitation of minors. The bill increases the penalty for the offense of first degree sexual exploitation of a minor. The bill includes distributing material containing a minor engaged in sexually explicit conduct in the purview of the offense of second degree sexual exploitation of a minor.
H.3434 OFFICE OF THE STATE INSPECTOR GENERAL Rep. Funderburk
This bill establishes the Office of State Inspector General. The State Inspector General is responsible for investigating and addressing allegations of fraud, waste, abuse, mismanagement, misconduct, violations of state or federal law, and wrongdoing in agencies. Under the bill, the State Inspector General is appointed by the Governor with the advice and consent of the Senate.
H.3436 MINIMUM TERM OF IMPRISONMENT FOR LICENSED CHILD CARE PROVIDERS CONVICTED OF INFLICTING GREAT BODILY INJURY UPON A CHILD Rep. Erickson
This bill provides a minimum term of imprisonment of two years for a person who is convicted of inflicting great bodily injury upon a child and who is registered with or licensed by the Department of Social Services (DSS) pursuant to childcare facilities licensure requirements. No portion of the sentence may be suspended. Family childcare operators and caregivers must annually complete a minimum of two hours of training approved by DSS.
H.3440 "HOME INVASION PROTECTION ACT" Rep. Gilliard
This bill establishes the offenses of home invasion in the first, second, and third degrees, and it provides graduated penalties for violations. Home invasion, first and second degree, are both considered to be violent crimes under this bill. Relating to the punishment for murder, this bill includes as a separate statutory aggravating circumstance which may be considered in the determination of whether the death penalty should be imposed, a murder committed while in the commission of the offense of home invasion in the first degree.
H.3442 DEPARTMENT OF WORKFORCE Rep. Bingham
This bill establishes the Department of Workforce under the executive branch of government. The South Carolina Department of Workforce must be managed and operated by a director appointed by the Governor upon the advice and consent of the Senate. The director must receive annual compensation provided by the General Assembly and official expenses as provided by law for executing the duties and functions of the department.
This bill creates the Workforce Department Appellate Panel within the Department of Workforce, which is separate and distinct from the department's divisions. The sole purpose of the panel is to hear and decide appeals from decisions of the department's divisions. The panel must consist of the three members of the South Carolina Employment Security Commission serving at the effective date of this legislation. They may serve until their terms expire, at which time the Workforce Department Appellate Panel shall dissolve. A vacancy must be filled by the Governor through a temporary appointment until the next session of the General Assembly, at which time a joint session of the General Assembly shall elect a panel member to fill the unexpired term. A panel member must receive an annual salary determined by the General Assembly and payable in monthly installments.
Until the panel dissolves, a party only may appeal from a decision of the department directly to the panel. A party only may appeal a decision of the panel to the Court of Appeals and Supreme Court pursuant to Appellate Court rules for administrative appeals. After the panel dissolves, a party only may appeal a decision of the department directly to the Administrative Law Court. A party only may appeal a decision of the Administrative Law Court to the Court of Appeals and Supreme Court pursuant to Appellate Court rules for administrative appeals.
The Workforce Investment Act program created by the Workforce Investment Act of 1988 and transferred to the Department of Commerce by Executive Order 2005-09 is transferred to the Department of Workforce.
Numerous other code sections are amended to conform to these changes.
H.3445 PROHIBITION ON SMOKING IN A VEHCILE WHEN A PRESCHOOL AGE MINOR IS AN OCCUPANT OF THE VEHICLE Rep. Clyburn
This bill provides that it is unlawful for a driver or occupant of a motor vehicle to smoke a tobacco product while a child of preschool age is also an occupant of the motor vehicle. Violations are misdemeanors.
H.3461 INCREASED PENATLIES AND ESTABLISMENT OF NEW PENATLIES RELATING TO UNLAWFUL DRIVING Rep. Umphlett
The legislation increases the penalty for a person convicted of driving without a driver’s license. The bill also establishes the offenses of driving without a driver’s license that causes the death of another person or that causes the serious impairment of bodily function of another person. In addition, it also establishes the offense of knowingly permitting a motor vehicle to be driven by any person who is not authorized to do so. The bill includes penalties for these new offenses.
H.3464 POLL MANAGERS Rep. Jennings
Relating to a poll manager required to be a registered elector and resident of the county in which he is assigned to work, this bill authorizes a poll manager to work in another county as long as he is qualified.
LABOR, COMMERCE AND INDUSTRY
H.3407 HORIZONTAL PROPERTY REGIME ASSESSMENTS FOR EMERGENCY EXPENDITURES AND IMPROVEMENTS TO COMMON AREAS Rep. J. E. Smith
This bill revises provisions relating to sharing of expenses by co-owners in a horizontal property regime, so as to provide for assessments for emergency expenditures and improvements to a common area or facility.
H.3432 PENALTIES FOR PRACTICING AS A CONTRACTOR WITHOUT A LICENSE OR UNDER ANOTHER’S VALID LICENSE Rep. Spires
This bill revises provisions relating to penalties for practicing or attempting to practice as a contractor without a license, so as to provide a person who engages in this practice or who under a false pretense uses impermissibly another person’s valid contractor’s license to practice or attempt to practice as a contractor must pay a fine of twenty-five thousand dollars and is guilty of a felony for which if convicted he must serve one year in prison. The legislation revises provisions relating to administrative penalties the Department of Labor, Licensing and Regulation may impose for a violation of the law governing the licensure of contractors, so as to provide no more than two hundred twenty-five thousand dollars in penalties may be assessed against an entity or individual in a day, and that an administrative penalty imposed for a first offense may not exceed twenty-five thousand dollars. The legislation revises provisions relating to civil penalties for a person who violates a provision regarding the licensure of contractors, so as to provide the South Carolina Contractors’ Licensing Board may impose a penalty of up to twenty-five thousand dollars for a violation.
H.3438 REQUIREMENT FOR CERTAIN INSURERS TO FILE A STATEMENT OF ACTUARIAL OPINION AND ACTUARIAL OPINION SUMMARY ANNUALLY Rep. Brady
This bill enacts provisions requiring certain insurers to file a statement of actuarial opinion and actuarial opinion summary annually and provide for the confidentiality of these documents. The legislation revises provisions relating to the revocation or suspension of license of an insurer and its officers and agents for the publication of the notice, so as to provide a procedure for an aggrieved insurer to request a hearing before the director or his designee and provide recourse through judicial review. The legislation redefines the term "company action level event". The legislation revises provisions relating to approval for acquisition of a domestic insurer by a controlling producer in another state, so as to eliminate the applicability to foreign producers and correct certain references.
H.3441 "OPERATION EMPOWERED" Rep. Sandifer
This bill creates a nonprofit entity named "Operation Empowered" in order to provide financial assistance to low-income households to implement energy efficiency and conservation measures.
MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS
H.3429 TATTOO FACILITY Rep. Umphlett
This bill allows a tattoo facility to include the sale of merchandise with images and language promoting the art and culture of tattooing.
H.3439 FETAL DEATH REPORT Rep. King
This legislation adds that an attending physician who reports a fetal death shall provide a copy of the fetal death report to a funeral director handling funeral arrangements upon request within twenty-four hours of fetal death.
H.3455 PODIATRIC PHYSICIAN Rep. Erickson
This legislation amends the meaning of podiatry as the diagnosis, surgical and medical and mechanical treatment of all conditions of the human foot including the ankle and the related soft tissue structures to the level of the anterior tibial tubercle. The legislation further adds that the practice of podiatry includes the amputation of toes and other parts of the foot but does not include the amputation of the foot or leg in its entirety. The bill establishes the requirements for the administration of local, spinal or general anesthesia. It also requires surgeries of ankle and soft tissue ankle structures be performed in a hospital or an ambulatory surgical center; as well as requires health facilities to allow a podiatric physician to practice clinical and surgical privileges in the facility within the scope of the physician’s licensure.
H.3459 CHILDCARE CENTER STAFF-CHILD RATIO Rep. White
This joint resolution directs the Department of Social Services to suspend the enforcement of staff-child ratio regulation when children are present on the premises and during the activities away from the center, as well as the ratio regulation during nap times.
H.3460 COUNTY COMMISSIONS Rep. Bales
This legislation changes the current procedure for creating a commission to include the request of the governing body of the largest municipality in the county. The legislation also changes the petition requirements to include that there must be signatures of not fewer than five thousand voters if the county has a population greater than three hundred thousand or twenty-five hundred voters in the county if the county population is fewer than three hundred thousand.
WAYS AND MEANS
H.3406 REPORTING OF STATE EXECUTIVE BRANCH JOB VACANCIES Rep. Cooper
This bill simplifies the reporting requirements for providing notice of state executive branch job vacancies.
H.3408 CRITERIA FOR RESIDENCES RENTED FOR PART OF THE YEAR TO QUALIFY FOR THE TAX ASSESSMENT RATIO FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY Rep. Chalk
This bill revises provisions for the valuation and classification of property for purposes of the property tax, so as to provide that the owner-occupant of residential property qualifies for the four percent assessment ratio allowed owner-occupied residential property, if the owner is otherwise qualified and the residence is not rented for more than ninety days a year. The legislation allows refunds or credits to owner-occupants who qualify for the four percent assessment ratio due to the provisions of the legislation. The legislation eliminates other references to rental of these residences. The legislation revises provisions relating to disclosure of records, reports, and returns with the Department of Revenue, so as to provide that verification that the Federal Schedule E conforms with the same document required by a county assessor is not prohibited.
H.3414 TAX REVENUES FROM THE SALE, USE, OR TITLING OF VEHICLES DEVOTED TO HIGHWAYS, ROADS, AND BRIDGES Rep. Harrell
This bill provides that the sales, use, and casual excise tax revenues in a fiscal year from the sale, use, or titling of a vehicle required to be registered and licensed by the South Carolina Department of Motor Vehicles must be credited to the State Non-Federal Aid Highway Fund with an offsetting transfer of one-half of this amount from nonstate tax revenues in the State Non-Federal Aid Highway Fund to the State Highway Account of the South Carolina Transportation Infrastructure Bank. The legislation phases in this distribution in cumulative increments of thirty million dollars beginning in fiscal year 2010-2011, and provides for the use of these revenues.
H.3415 SOUTH CAROLINA TAXATION REALIGNMENT COMMISSION Rep. Harrell
This joint resolution establishes the South Carolina Taxation Realignment Commission to conduct a comprehensive study of the state’s tax system including its sales tax and exemptions structure and submit a report of its recommended changes to further the goal of maintaining and enhancing the state as an optimum competitor in the effort to attract businesses and individuals to locate, live, work, and invest in the state. The legislation provides for the commission’s membership, powers, duties, and responsibilities. The legislation establishes procedures governing the consideration of legislation resulting from the commission’s recommendations that would limit amendments proposing substantive changes to commission recommendations.
H.3419 DEADLINE EXTENSION FOR FILING APPLICATIONS FOR OWNER-OCCUPIED AND AGRICULTURAL USE PROPERTY TAX ASSESSMENT RATIOS Rep. Bales
This bill revises provisions relating to the classification, assessment ratios, and valuation of property for purposes of the property tax, so as to allow the auditor to extend the deadline for filing the application for the four percent assessment ratio for owner-occupied property and the application for agricultural use value. The legislation eliminates the requirement that an extension may be granted only on a showing of reasonable cause.
H.3420 STATE PARK ACCESS FOR DISABLED VETERANS AND THE AGED, BLIND, OR DISABLED Rep. Bales
This bill revises provisions relating to use of facilities and campsites at reduced rates by the aged, blind, or disabled, so as to provide that such persons may gain admission to and use the campgrounds of state parks at one half the prescribed fee. The legislation provides that disabled veterans may gain admission to and use the campgrounds of state parks without charge.
H.3424 PHASE-OUT OF INCOME TAXES OF EXEMPT ORGANIZATIONS, HOMEOWNER’S ASSOCIATIONS, AND COOPERATIVES Rep. Simrill
This bill revises provisions relating to the five percent corporate income tax and the five percent tax on unrelated business income of exempt organizations, homeowner’s associations, and cooperatives, so as to phase out these taxes over ten years. The legislation eliminates, effective for taxable years beginning after 2018, various tax credits, and provides for the carry-forward and phased reduction of these tax credits during the phase-out period.
H.3428 PRINTING AND DISTRIBUTION OF ACTS, JOINT RESOLUTIONS, AND SETS OF THE CODE OF LAWS Rep. Harrell
This bill revises provisions relating to the printing and distribution of acts, so as to provide for the mailing of acts not placed on the desks of members of the General Assembly when the member requests the services, require the clerks of the General Assembly to make all acts available to the public after approval by the Governor, and generally restructure the distribution of acts. The legislation revises provisions relating to printing in signatures and distribution of page proofs or advance sheets, so as to eliminate the requirement that the Code Commissioner send a copy of each advance sheet to a delineated list of persons, provide for printing by the Office of Legislative Printing, Information and Technology Systems (LPITS) of not more than twenty-five copies of the advance sheets as the Code Commissioner orders, and to direct LPITS to publish the advance sheets online as directed by the Code Commissioner. The legislation revises provisions relating to the delivery of the Code and supplements to successors in office, so as to allow the Code Commissioner to determine the value of the set. The legislation narrows the list of persons entitled to receive Acts and Joint Resolutions. The legislation decreases the number of copies of the Acts and Joint Resolutions, the Code, and the Reports of the Supreme Court that are distributed to the University of South Carolina Law Library.
H.3450 COMPILATION OF SUBSTANTIATED CASES AND CRIMINAL CONVICTIONS FOR ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS PUBLISHIED ON THE STATE’S WEBSITE Rep. Harrison
This concurrent resolution requests that all state agencies with investigative authority under the Omnibus Adult Protection Act to submit information of substantiated cases or criminal convictions for abuse, neglect, and exploitation of vulnerable adults to the State Budget and Control Board for compilation and publication on the state’s website.
H.3454 INCOME TAX CREDIT FOR CLOSING COSTS INCURRED IN RESIDENTIAL AND COMMERCIAL REAL ESTATE LOAN TRANSACTIONS Rep. J. E. Smith
This bill provides that a taxpayer is allowed a state income tax credit for costs incurred, up to two thousand dollars annually, in connection with the closing of a residential or commercial real estate purchase money mortgage or refinancing of a residential or commercial real estate loan. The legislation defines ‘Closing costs’ for purposes of claiming this credit and provides that they apply to both residential and commercial transactions.
H.3456 LIMITS ON COMPENSATION PACKAGES FOR SCHOOL DISTRICT SUPERINTENDENTS AND OTHER ADMINISTRATIVE EMPLOYEES Rep. Bowen
This bill provides that a compensation package offered to a school district superintendent may not exceed ninety five percent of the salary of the State Superintendent of Education. The legislation provides that a compensation package offered to a district administrative employee may not exceed ninety five percent of the salary of the school district superintendent. The legislation provides that a compensation package offered to a school principal may not exceed ninety five percent of the salary of a district administrative employee. The legislation provides that a compensation package offered to a school administrator may not exceed ninety five percent of the salary of a school principal. The legislation provides that increases in these compensation packages must be approved by the qualified electors of a district by referendum during a special election.
H.3458 STATEWIDE SCHOOL FUNDING AUDIT Rep. Millwood
This joint resolution directs the State Budget and Control Board to engage a qualified independent auditing and consulting firm to conduct a financial and management audit of the State Department of Education and any other related entities it considers necessary, including a review of school district records, in order to perform a comprehensive analysis of the state budgetary process in regard to education funding and the manner in which education services are delivered for the purpose of reducing waste and duplication within this system and making it as fiscally effective as possible. The funding for the cost of this audit must be appropriated by the General Assembly in the 2009-2010 general appropriations act. The results of the management audit together with any recommendations must be made to the General Assembly, the Governor, the Department of Education, and released to the general public on or before January 1, 2010.
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