Week in Review

House Committee Action

Bills Introduced in the House

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.

The House of Representatives amended, approved, and sent to the Senate H.3128, a bill providing for PRIMARY ENFORCEMENT OF SEAT BELT LAWS. This bill authorizes primary enforcement of seat belt and child restraint requirements by eliminating current statutory language that provides that a law enforcement officer must not stop a driver for a seat belt or child restraint violation in the absence of another violation of the motor vehicle laws. Under the legislation, a law enforcement officer must not stop a driver for a seat belt or child restraint violation except when the officer has probable cause for such a violation based on his clear and unobstructed view of a driver or an occupant of the motor vehicle who is not wearing a safety belt or is not secured in a child restraint system as required. The legislation expands the provision under which a vehicle, driver, or occupant in a vehicle may not be searched solely because of a seat belt/child restraint violation by adding nor may consent to search be requested. The bill provides that a conviction for a seat belt or child restraint violation must not be reported to the offender's motor vehicle insurer.

The House approved and enrolled for ratification S.508, a bill REQUIRING A COURT CONTINUANCE FOR MEMBERS OF RESERVES ON ACTIVE DUTY. This bill expands the provision relating to a judge's duty to grant a continuance in a court case when a party or his attorney is on active duty as a member of the national guard by also requiring that a judge grant a continuance in a court case when a party or his attorney is on active duty as a member of the reserves.

The House approved and enrolled for ratification S.448, a bill revising STORAGE CAPACITY REQUIREMENTS FOR LIQUID PETROLEUM GAS DEALERS. Under current law, each dealer of liquid petroleum gas (which includes propane, methane, and butane) is required to have a storage capacity of at least 30,000 water gallons. The bill authorizes two dealers to share a 30,000-gallon tank. Such sharing of storage capacity must be specified in a written agreement which must be submitted each time a license is renewed by the Liquid Petroleum Gas Board. The board would examine each agreement on a case-by-case basis to determine if the agreement provides each dealer with adequate capacity.

The House concurred in Senate amendments to H.3041, a bill REQUIRING DEER HUNTERS TO WEAR INTERNATIONAL ORANGE, and enrolled the bill for ratification. Under the legislation, all persons hunting deer must wear a hat, shirt, coat, or vest, the color of which is comprised of solid international orange or at least forty percent visible international orange (this would allow clothing that incorporates international orange in a camouflage pattern). The requirement does not apply to those persons occupying a stand more than six feet above ground surface level.

The House concurred in Senate amendments to H.3353, regarding FOXES AND COYOTES, and ordered the bill enrolled for ratification. This bill provides definitions of what is considered an "enclosure" and "enclosure operator" for purposes of fox and coyote hunting, and identifies an enclosure operator's responsibilities. The bill allows the sale/resale of live foxes/coyotes into an enclosure only as provided in the bill. The bill requires and provides for enclosure permits, which would be issued and overseen by the Department of Natural Resources (DNR). The bill provides that only licensed trappers can sell live foxes/coyotes and only operators of permitted enclosures can buy and release them. The bill provides that it is unlawful to import or cause to have imported, live coyotes or foxes, and it is unlawful to release a coyote except as authorized in the bill. Penalties are provided for violation of these provisions. The bill allows coyotes to be hunted at night in the same manner in which foxes, bobcats, and raccoons are hunted. The bill requires the owner of a rabbit enclosure to immediately destroy foxes and coyotes trapped outside the trapping season. The bill also places additional restrictions on the use of body gripping traps and foot-hold traps.

The House approved and enrolled for ratification S.344, a bill that changes the name of the South Carolina Center for Teacher Recruitment to the CENTER FOR EDUCATOR RECRUITMENT, RETENTION, AND ADVANCEMENT OF SOUTH CAROLINA (CERRA-South Carolina).

The House made appointments to a conference committee to address differences with the Senate on S.438, the "SOUTH CAROLINA HIGH-COST AND CONSUMER HOME LOANS ACT."

The House returned S.208, a bill providing PUBLIC SERVICE COMMISSION REFORM, to the Senate amended so as to include the version of the legislation approved by the House earlier in the year.

The House approved and sent to the Senate H.3552, a bill pertaining to REPORTING INSTANCES OF CRUELTY TO CHILDREN, VULNERABLE ADULTS, OR ANIMALS. This bill revises the list of persons required or permitted to report child abuse or neglect, so as to include an officer or agent of the South Carolina Society for the Prevention of Cruelty to Animals or of a society incorporated for the prevention of cruelty to animals and an animal control officer. These individuals are also added to the list of persons required to report abuse, neglect, or exploitation of vulnerable adults. The bill provides that Department of Social Services and Adult Protective Services employees must report known or suspected instances of animal cruelty, fighting, or baiting. The bill provides for immunity from liability for such reporting. The bill provides that any veterinarian or other person may report suspected animal cruelty, fighting, or baiting. The bill provides for immunity from civil and criminal liability for such reporting.

The House amended, approved, and sent to the Senate H.3212, a bill providing for CREDITS IN VULNERABLE ADULT ABUSE IN CONTINUING LAW ENFORCEMENT EDUCATION REQUIREMENTS. This bill revises requirements in continuing law enforcement education credits in domestic violence, so as to also require credits in vulnerable adult abuse.

The House amended, approved, and sent to the Senate H.3065. This bill enacts the OVERDUE TAX DEBT COLLECTION ACT, intended to ship the cost of collecting overdue tax debts to the delinquent taxpayers who owe these debts. The bill defines "overdue tax debt" as any part of a tax debt that remains unpaid one hundred twenty days or more after the first notice (unless an installment agreement is in place as provided in the bill). The bill authorizes the Department of Revenue (DOR) to impose a collection assistance fee on overdue tax debts equal to twenty percent of the overdue amount, and requires DOR to use the proceeds of the collection assistance fee to fund the South Carolina Business One Stop (SCBOS) program within DOR. Fees collected above the amount required to fund the SCBOS program must be expended by DOR for budgeted operations.

The House amended, approved, and sent to the Senate H.3641. This bill requires that, unless reauthorized by the General Assembly, the PROVISIONS OF THE SOUTH CAROLINA COMMUNITY ECONOMIC DEVELOPMENT ACT SHALL TERMINATE ON JUNE 30, 2010 and that this Act and all other laws and regulations dealing with community development corporations and community development financial institutions are repealed on that date.

The House amended, approved, and sent to the Senate H.3598, a bill that INCLUDES EYEGLASSES IN THE SALES TAX HOLIDAY. This bill provides a sales and use tax exemption for sales of reading glasses and prescription glasses taking place beginning 12:01 A.M. on the first Friday in August and ending at midnight the following Sunday.

The House amended, approved, and sent to the Senate H.3567. This bill REVISES CURRENT REPORTING REQUIREMENTS FOR THE STATE TREASURER. The bill provides that the currently-required quarterly reports from the Treasurer showing the amount of money on hand and in what banks it is deposited and the respective funds to which it belongs, must be published by electronic means in a manner that allows for public view. The bill also clarifies that electronic publication does not satisfy other publication or public notice requirements imposed by law.

The House amended, approved, and sent to the Senate H.3332, a bill revising DRUG PARAPHERNALIA PENALTIES. The legislation converts the offense of advertising for sale, manufacturing, possessing, selling, delivering, or possessing with the intent to deliver or sell drug paraphernalia to a misdemeanor offense punishable with not more than five hundred dollars and/or imprisonment for not more than thirty days.

The House amended, approved, and sent to the Senate H.3516, a bill authorizing RESTITUTION FOR FRAUDULENTLY APPROPRIATED RENTAL PROPERTY. The bill revises provisions relating to the failure to return or the fraudulent appropriation of a rented or leased motor vehicle, trailer, appliance, equipment, tool, clothing, or formal wear so as to provide that for such a violation a circuit court judge or magistrate may order restitution in an appropriate amount based on the loss of revenue or replacement value, whichever is less.

The House amended, approved, and sent to the Senate H.3507, a bill pertaining to the AUTHORITY TO INSPECT COMMERCIALLY LEASED REAL ESTATE, FIXTURES, AND EQUIPMENT. The legislation extends to the lessor in a commercial lease situation certain rights currently enjoyed by lessors in residential lease arrangements. This bill provides that when real estate, fixtures, or equipment are the subject of a commercial lease agreement, the lessor has the right to enter the premises to ensure that the leased real estate, fixtures, and equipment are being used in a reasonable and safe manner and are not being negligently or deliberately destroyed, defaced, damaged, impaired, abused, or removed. The lessor may not abuse the right to enter the premises and may not use this right of access to harass the lessee. Except in the case of a demonstrable emergency, the lessor shall give the lessee at least twenty-four hours' notice of his intent to enter and the entry must be scheduled at a reasonable time. A lessee may not unreasonably withhold consent to the lessor to enter the subject premises. If the lessee unreasonably withholds consent to the lessor to allow lawful access to the subject premises, the lessor may obtain injunctive relief in the magistrate's court or the circuit court in the county in which the property is located, without posting bond, to compel access. If injunctive relief is sought, the lessor may recover actual damages and reasonable attorney's fees and costs.

The House approved and sent to the Senate H.3805. For purposes of criteria for providing loans to resident students who intend to become CERTIFIED TEACHERS IN SOUTH CAROLINA'S AREAS OF CRITICAL NEED, this bill strikes the current language providing that the definitions used in the federal Perkins Loan Program shall serve as the basis for defining "critical geographical areas."

The Education and Public Works Committee reported out two bills this week. H.3677 received a favorable report. As reported by the Committee, this bill CHANGES STATUTORY REFERENCES TO PHRASES INCLUDING "VOCATIONAL EDUCATION," "VOCATIONAL TRAINING," AND "VOCATIONAL PROGRAMS," TO "CAREER AND TECHNOLOGY EDUCATION," "CAREER AND TECHNOLOGY TRAINING," AND "CAREER AND TECHNOLOGY PROGRAMS."

The Committee also reported favorable on H.3805. For purposes of criteria for providing loans to resident students who intend to become certified teachers in South Carolina's areas of critical need, this bill STRIKES THE CURRENT LANGUAGE PROVIDING THAT THE DEFINITIONS USED IN THE FEDERAL PERKINS LOAN PROGRAM SHALL SERVE AS THE BASIS FOR DEFINING "CRITICAL GEOGRAPHICAL AREAS."

The full House Judiciary Committee met on Tuesday, April 8, and reported out several bills.

The committee gave a favorable report on H.3133, a bill modifying the definition of NONMARITAL PROPERTY. For purposes of judicial apportionment during marital litigation, this bill includes as nonmarital property any property that is neither acquired with marital funds nor titled in the name of one or the other spouse, or both of them. Such property must not be: the subject of a marital equitable claim or distribution between the spouses; apportioned temporarily or permanently to either spouse; or transmuted into marital property for any purpose.

The committee gave a report of favorable with amendment on H.3572, a bill DISALLOWING FIREARMS GAMES AT BUSINESSES PERMITTED TO SELL BEER/WINE. The bill adds to the list of activities prohibited for holders of beer/wine permits the conducting of games that use firearms at which prizes are awarded and the games are held on or adjacent to the property on which is located the place of business which is licensed for on-premises consumption of beer or wine.

The committee gave a favorable report on H.3552, a bill pertaining to REPORTING INSTANCES OF CRUELTY TO CHILDREN, VULNERABLE ADULTS, OR ANIMALS. This bill revises the list of persons required or permitted to report child abuse or neglect, so as to include an officer or agent of the South Carolina Society for the Prevention of Cruelty to Animals or of a society incorporated for the prevention of cruelty to animals and an animal control officer. These individuals are also added to the list of persons required to report abuse, neglect, or exploitation of vulnerable adults. The bill provides that Department of Social Services and Adult Protective Services employees must report known or suspected instances of animal cruelty, fighting, or baiting. The bill provides for immunity from liability for such reporting. The bill provides that any veterinarian or other person may report suspected animal cruelty, fighting, or baiting. The bill provides for immunity from civil and criminal liability for such reporting.

The committee gave a report of favorable with amendments on H.3212, a bill providing for CREDITS IN VULNERABLE ADULT ABUSE IN CONTINUING LAW ENFORCEMENT EDUCATION REQUIREMENTS. This bill revises requirements in continuing law enforcement education credits in domestic violence, so as to also require credits in vulnerable adult abuse.

The committee gave a report of favorable with amendments on H.3587, a bill pertaining to JOINT CHILD CUSTODY. The bill provides that in an action in which child custody or visitation is in dispute, there is a rebuttable presumption that joint custody is in the best interest of the child. However, the judge may designate one parent as the primary caregiver and the other parent as the secondary caregiver.

The committee gave a favorable report on S.508, a bill REQUIRING A COURT CONTINUANCE FOR MEMBERS OF RESERVES ON ACTIVE DUTY. This bill expands the provision relating to a judge's duty to grant a continuance in a court case when a party or his attorney is on active duty as a member of the national guard by also requiring that a judge grant a continuance in a court case when a party or his attorney is on active duty as a member of the reserves.

The committee gave a report of favorable with amendments on H.3187, a bill PROHIBITING STATE USE OF AN INDEPENDENT CONTRACTOR LOBBYIST. The bill provides that it is unlawful for a state agency, authority, or department to directly or indirectly hire or retain an independent contractor as a lobbyist. This provision does not include foundations established by state-sponsored universities or institutions of higher education that do not receive appropriated funds on an annual basis.

The committee gave a favorable report on H.3332, a bill pertaining to DRUG PARAPHERNALIA. This bill revises provisions relating to the unlawful advertisement for sale, manufacture, sale, delivery, or possession with intent to sell or deliver drug paraphernalia, so as to make technical changes and to revise the penalties.

The committee gave a report of favorable with amendments on H.3052, a bill revising PENALTIES FOR LITTERING. The bill provides that when the sentence for a littering violation includes litter-gathering labor in addition to a fine or imprisonment, the litter-gathering portion of the sentence is mandatory and must not be suspended. However, the court, upon the request of the violator, may direct that the person pay an additional monetary penalty in lieu of the litter-gathering portion of the sentence that must be equal to the amount of five dollars an hour of litter-gathering labor. Probation may not be granted in lieu of the litter-gathering requirement except for a person's physical or other incapacities. All funds collected in lieu of the mandatory litter-gathering labor must be remitted to Palmetto Pride to be used in connection with their litter efforts. The bill also provides that only those littering violations which occurred within a period of five years including and immediately preceding the date of the last violation constitute prior violations under the provisions.

The committee gave a report of favorable with amendment on H.3516, a bill authorizing RESTITUTION FOR FRAUDULENTLY APPROPRIATED RENTAL PROPERTY. The bill revises provisions relating to the failure to return or the fraudulent appropriation of a rented or leased motor vehicle, trailer, appliance, equipment, tool, clothing, or formal wear so as to provide that for such a violation a circuit court judge or magistrate may order restitution in an appropriate amount based on the loss of revenue or replacement value, whichever is less.

The full House Labor, Commerce and Industry Committee met on Tuesday, April 8, and reported out several bills.

The committee gave a favorable report on H.3429, a bill pertaining to a LANDLORD'S RESPONSIBILITY FOR UTILITY BILLS. This bill eliminates a provision under which, unless otherwise agreed in writing, a tenant has sole financial responsibility for gas, electric, water, sewerage, or garbage services provided to the premises the tenant leases, and a landlord is not liable for a tenant's account. The language eliminated by the bill provides that an entity or utility providing gas, electric, water, sewerage, or garbage services must not: (1) require a landlord to execute an agreement to be responsible for all charges billed to premises leased by a tenant; or (2) discontinue or refuse to provide services to the premises the tenant leases based on the fact that the landlord refused to execute an agreement to be responsible for all the charges billed to the tenant leasing that premises.

The committee gave a report of favorable with amendments on H.3080, a bill PROHIBITING AN UNAUTHORIZED CHANGE OF UTILITY PROVIDER, a practice commonly referred to as "slamming." The bill provides that a utility (gas, heat, water, sewerage collection and disposal, street railway service, telephone, and electrical) may not submit a change request for a customer's utility provider without the customer's authorization. Techniques approved by state and federal agencies must be used when changing a customer's utility provider. Under the legislation, a violator of the anti-slamming provisions is liable to the customer for all charges incurred by the customer, in excess of those normally incurred through his designated provider, during the period of the unauthorized change. A telephone utility that violates the provisions is liable as provided under Federal Communications Commission guidelines. A utility that willfully, knowingly, or repeatedly violates these anti-slamming provisions is subject to a fine of not less than two thousand dollars nor more than ten thousand dollars for each violation. The fines collected are to be collected and retained by the Public Service Commission.

The committee gave a favorable report on S.448, a bill revising STORAGE CAPACITY REQUIREMENTS FOR LIQUID PETROLEUM GAS DEALERS. Under current law, each dealer of liquid petroleum gas (which includes propane, methane, and butane) is required to have a storage capacity of at least 30,000 water gallons. The bill authorizes two dealers to share a 30,000-gallon tank. Such sharing of storage capacity must be specified in a written agreement which must be submitted each time a license is renewed by the Liquid Petroleum Gas Board. The board would examine each agreement on a case-by-case basis to determine if the agreement provides each dealer with adequate capacity.

H.3252, a bill AUTHORIZING SUSPENSION OF OCCUPATIONAL AND PROFESSIONAL LICENSES FOR NONPAYMENT OF STUDENT LOANS, was recommitted to the Business and Commerce Subcommittee.

H.3566, a bill pertaining to FINES IMPOSED BY THE PUBLIC SERVICE COMMISSION, was recommitted to the Public Utility Subcommittee.

The House Medical, Military, Public and Municipal Affairs Committee reported favorable with amendment on H.3220, a bill relating to creation of the VOLUNTEER LONG TERM CARE ADVOCATE PROGRAM. As reported by the Committee, this bill establishes a volunteer long-term care advocate program administered by the Department of Health and Human Services (DHHS) to work with the regional long-term care ombudsmen to maintain a higher level of presence in long-term care facilities. DHHS would be required under the bill to contract with area agencies on aging to hire a volunteer coordinator for each agency and one statewide volunteer coordinator. The Long Term Care Ombudsman Program would assist the volunteer coordinators in recruiting, screening, training, and placing volunteers. Staff in the regional ombudsman programs would supervise the volunteer coordinators. DHHS would establish regulations governing volunteer training and certification requirements and defining the scope of volunteer activities.

The bill also provides that volunteer advocates may: make regular visits to nursing homes where they are assigned; identify and informally address concerns of nursing home residents and their families; and assist in gathering information for regional ombudsmen.

The bill requires and provides for criminal background checks for volunteer advocates. The bill provides that beginning in 2003-2004, DHHS shall implement the program for a three year period in a limited number of areas considering the areas of the state where complaints about nursing homes have been highest, using funds from civil money penalties. The bill requires that DHHS submit a report on the program's implementation, including recommendations to the General Assembly and the Governor, by January 15, 2006. As State and other funds become available, the bill provides that DHHS shall expand the program statewide.

The bill provides that a nursing home may not be held liable for civil or criminal acts or omissions of a volunteer advocate.

The Committee reported favorable with amendment on H.3591, a bill which CONFORMS STATUTES REGARDING THE PRACTICE OF SPECIALIZING IN HEARING AIDS TO THE STATUTORY, ORGANIZATIONAL, AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS. The bill includes provisions for the licensure and regulation of hearing aid specialists, including penalties for violations. The bill devolves the powers, duties, functions, and responsibilities of the Department of Health and Environmental Control (DHEC) regarding the "Practice of Specializing in Hearing Aids Act" upon the Department of Labor, Licensing, and Regulation.

The bill establishes the Board of Examiners for Hearing Instrument Specialists and Fitters (the Board), comprised of: five hearing instrument specialists, each of whom must have five years or more experience and hold a valid hearing aid specialist license; one licensed otolaryngologist (ear, nose, and throat doctor); and one consumer member. All Board members would be appointed by the Governor with the advice and consent of the Senate.

The bill requires that a licensee, before dispensing a hearing aid, must conduct a hearing measurement including pure tone audiometry, speech audiometry, and hearing aid evaluation. The bill requires practitioners to be licensed either as a hearing instrument specialist or as a hearing aid fitter, and the bill provides requirements for each of these designations.

The bill allows the Board to issue a temporary permit valid for twelve months and renewable for another twelve months. During the temporary permit period, the bill requires that the permit holder pass a Board-approved examination.

The bill includes a grandfather clause for hearing aid dealers who currently are licensed by DHEC. The bill requires that licensed hearing instrument specialists and fitters must receive at least sixteen hours of continuing education every two years. The bill exempts licensed audiologists from licensure by the Board.

The House Ways and Means Committee reported out a number of bills this week.

The Committee reported favorable with amendment on H.3899, the RESEARCH UNIVERSITIES RESTRUCTURING AND INFRASTRUCTURE ACT. As reported by the Committee, this bill revises current provisions in order to allow South Carolina's research universities - the University of South Carolina, Clemson University, and the Medical University of South Carolina - to focus on research and development and to focus on their role in a knowledge-based economy.

The bill creates and provides for a ten member South Carolina Research Oversight Council (the Council) to provide oversight and to coordinate the affairs of the three research universities. These institutions would no longer be members of the Commission on Higher Education. Funds for the necessary technical, administrative, and clerical assistance and other expenses of the Council would be carried in the annual appropriation act. The sum appropriated to fully fund the Council would be divided evenly among the three universities.

The bill enacts the "State General Obligation Economic Development and Research University Bond Act" which, among other things, increases the limitation on general obligation debt from five percent to five and one-half percent, with the additional debt service capacity to provide infrastructure and facilities for economic development within the State and the advancement of the research universities, as provided in the bill.

The bill includes other provisions intended to give these Research Universities the flexibility and responsibility to assume a greater role in the State's economic development. These provisions include, but are not limited to: removal of the cap for federal/other funded employee bonus pay; provision of graduate assistant health benefits; allowing establishment of research grant positions without regard to the university's authorized allocation of FTE's; and increasing the maximum allowed number of education fee waivers at these universities from 2% to 4% of the student body.

The Committee reported favorable with amendment on H.3900, the "VENTURE CAPITAL INVESTMENT ACT OF SOUTH CAROLINA." As reported by the Committee, this bill establishes within the Department of Commerce a fund governed by a seven member board appointed by the Speaker of the House, the President Pro Tempore of the Senate, and the Governor, to promote investment in knowledge-based technology companies.

The fund is required to seek capital commitments to the fund in accordance with procedures approved by the State Budget and Control Board. These proceeds would be used to make investments with venture capital investors. The venture capital companies would then invest those monies in qualified companies in South Carolina.

The bill defines "venture capital" as equity, near equity, and seed capital financing including, without limitation, early stage research and development capital for startup enterprises, and other equity, near equity, or seed capital for growth and expansion of entrepreneurial enterprises. If the fund has insufficient monies to repay these funds, the fund may issue tax credit certificates used to offset state bank and insurance premium tax liabilities. No more than twenty million dollars in tax credit certificates can be redeemable in any one year, and no more than one hundred million dollars may be issued and outstanding at any one time. The bill provides that the fund may retain an amount annually, not to exceed one percent of the capital commitments received, for expenses incurred by the fund.

The bill's stated intent is to increase the availability of equity, near equity, or seed capital of at least one hundred million dollars for emerging, expanding, relocating, and restructuring enterprises in South Carolina, so as to strengthen the State's economic base and to support the State's economic goals. The bill is also intended to address long-term capital needs of small-sized and medium-sized firms, to address the needs of micro enterprises, to expand availability of venture capital, and to increase international trade and export finance opportunities for South Carolina based companies.

The Committee reported favorable with amendment on S.203. As reported by the Committee, this bill establishes the SOUTH CAROLINA HIGHER EDUCATION EXCELLENCE ENHANCEMENT PROGRAM, administered by the Commission on Higher Education (the Commission) for the general purpose of enhancing the educational opportunities of low-income and educationally disadvantaged children. The program would be funded from the Education Lottery Account as provided by the General Assembly. From these funds, the Commission would contract with "eligible institutions" (defined as four-year institutions of higher learning at which sixty percent or more of the enrolled undergraduate students are low income and educationally disadvantaged students) certified by the Commission to accomplish the purposes of the bill. Allowed uses of these fund include, but are not limited to: purchase, rental, or lease of scientific or laboratory equipment; construction, maintenance, renovation, and improvement of instructional facilities; support of faculty exchanges, development, and fellowships; purchase of library materials; tutoring, counseling, and other student services to improve academic success; funds and administrative management, and acquisition of equipment for use in strengthening funds management; joint use of facilities such as libraries and labs; establishment or improvement of development offices to facilitate private sector fundraising; and establishing or enhancing teacher education programs.

The Committee reported favorable on S.269, a joint resolution which REQUIRES THE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN RIDGELAND, SOUTH CAROLINA, TO THE COUNTY OF JASPER.

The Committee reported favorable with amendment on H.3586. As reported by the Committee, this bill creates within the Department of Health and Human Services (DHHS) the SOUTH CAROLINA RETIREES AND INDIVIDUALS POOLING TOGETHER FOR SAVINGS (SCRIPTS) PROGRAM. This program would combine the purchasing power of South Carolina citizens age sixty-five or older who have resided in the State for at least six months and who are not eligible for Medicaid prescription benefits. These citizens would enroll in the program to reduce their prescription drug costs. The bill requires DHHS to combine negotiating power for the program with negotiating power for pharmaceutical pricing and rebates which may exist now or in the future. The bill provides that DHHS will administer the program and will submit a plan for implementation and administration of the program, as described in the bill, to the State Budget and Control Board. Upon review of the Budget and Control Board, the program may be implemented as soon as practicable. The program would be funded entirely from annual enrollment fees collected from program participants.

The Committee reported favorable with amendment on H.3641. As reported by the Committee, this bill requires that, unless reauthorized by the General Assembly, the PROVISIONS OF THE SOUTH CAROLINA COMMUNITY ECONOMIC DEVELOPMENT ACT SHALL TERMINATE ON JUNE 30, 2010 and that this Act and all other laws and regulations dealing with community development corporations and community development financial institutions are repealed on that date.

The Committee reported favorable on S.360, a bill which REVISES PROCEDURES INCLUDED IN THE UNIFORM COMMERCIAL CODE (UCC) - SECURED TRANSACTIONS CHAPTER BY RECALCULATING HOW FEES FOR FILING AND INDEXING ARE ASSESSED. The bill re-establishes the filing fee schedule for processing UCC documents to: an eight dollar base filing fee if the record is written and consists of one or two pages; a ten dollar fee if the record is written and consists of three pages - and one dollar for each additional page after the third page; a ten dollar fee if the record is communicated by another authorized medium.

The Committee reported favorable on S.444, a joint resolution which provides that for fiscal year 2002-03 only and under specified conditions, ALL UNIVERSITY APPROPRIATED FUNDS TO BE USED FOR BASIC AND APPLIED RESEARCH IN INFORMATION AND TECHNOLOGY OUTREACH OPPORTUNITIES FOR THE STATE'S RURAL AND URBAN CITIZENS MAY ALSO BE USED FOR INSTRUCTIONAL AND ESSENTIAL OPERATIONAL PURPOSES ONLY.

The Committee reported favorable on H.3369, a bill which PROVIDES THAT DUES FOR THE SOUTH CAROLINA WILDLIFE LAW ENFORCEMENT OFFICERS' ASSOCIATION MAY BE DEDUCTED FROM STATE EMPLOYEES AND RETIREES PAYROLL.

The Committee reported favorable with amendment on H.3741. As reported by the Committee, this bill EXEMPTS FROM THE STATE EMPLOYEES GRIEVANCE PROCEDURE ACT EMPLOYEES DETERMINED BY THE BUDGET AND CONTROL BOARD OFFICE OF HUMAN RESOURCES TO BE WITHIN TWO MANAGERIAL LEVELS OF THE AGENCY HEAD OR EQUIVALENT POSITION.

The Committee reported favorable with amendment on H.3065. As reported by the Committee, this bill enacts the OVERDUE TAX DEBT COLLECTION ACT, intended to ship the cost of collecting overdue tax debts to the delinquent taxpayers who owe these debts. The bill defines "overdue tax debt" as any part of a tax debt that remains unpaid one hundred twenty days or more after the first notice (unless an installment agreement is in place as provided in the bill). The bill authorizes the Department of Revenue (DOR) to impose a collection assistance fee on overdue tax debts equal to twenty percent of the overdue amount, and requires DOR to use the proceeds of the collection assistance fee to fund the South Carolina Business One Stop (SCBOS) program within DOR. Fees collected above the amount required to fund the SCBOS program must be expended by DOR for budgeted operations.

The Committee reported favorable with amendment on H.3531. As reported by the Committee, this bill AUTHORIZES THE DEPARTMENT OF CORRECTIONS (THE DEPARTMENT) TO ENTER INTO CONTRACTS WITH PRIVATE SECTOR ENTITIES THAT ALLOW FOR INMATE LABOR TO BE PROVIDED FOR PRISON INDUSTRY SERVICE WORK AND EXPORT WORK THAT INVOLVES EXPORTATION OF PRODUCTS. The bill allows the Department to negotiate the wage to be paid under these contracts, and allows that the wage may be less than the prevailing wage for similar work in the private sector. The bill requires the Director of the Department to deduct from an inmate's gross earnings: twenty-percent to fulfill court-ordered restitution to the victim(s); if restitution has been satisfied or was not ordered, twenty-percent to the South Carolina Victims' Compensation Fund; ten percent to the Department to defray costs of room and board for the prisoner.

The Committee reported favorable with amendment on H.3567. As reported by the Committee, this bill REVISES CURRENT REPORTING REQUIREMENTS FOR THE STATE TREASURER. The bill provides that the currently-required quarterly reports from the Treasurer showing the amount of money on hand and in what banks it is deposited and the respective funds to which it belongs, must be published by electronic means in a manner that allows for public view. The bill also clarifies that electronic publication does not satisfy other publication or public notice requirements imposed by law.

The Committee reported favorable with amendment on H.3598. As reported by the Committee, this bill PROVIDES A SALES AND USE TAX EXEMPTION FOR SALES OF READING GLASSES AND PRESCRIPTION GLASSES TAKING PLACE BEGINNING 12:01 A.M. ON THE FIRST FRIDAY IN AUGUST AND ENDING AT MIDNIGHT THE FOLLOWING SUNDAY.

S.542 HUNTING MIGRATORY WATERFOWL ON DEAN SWAMP Sen. Land
This bill makes it unlawful to hunt migratory waterfowl on Dean Swamp in Clarendon County on the waters of Lake Marion within six hundred yards of a dwelling without written permission of the owner and occupant. The bill includes provisions for fine or imprisonment for persons who violate this prohibition.

S.543 SALTWATER FINFISH Sen. Fish, Game, and Forestry Committee
This bill authorizes the Board of Natural Resources (the Board) to establish daily catch and possession limits and to establish minimum size limits for specified saltwater finfish species. The bill also includes specific items which the Board shall consider when taking action regarding these limits.

H.3950 AQUACULTURE ENABLING ACT Rep. Witherspoon
This comprehensive bill enacts the Aquaculture Enabling Act. "Aquaculture" is defined in the bill as controlled cultivation of an aquatic species in confinement, and "aquaculture business" is defined as involvement in aquaculture for a commercial purpose.The bill provides that the Department of Natural Resources (DNR) has regulatory authority for permitting and licensing pertaining to aquaculture and aquaculture businesses. The provisions of the bill do not apply to any saltwater species.

The bill includes, but is not limited to, provisions relating to: out-of-state aquaculturists who buy or sell in the state; common carriers of aquaculture products; persons buying, receiving, or selling out-of-state aquaculture products; freshwater gamefish and regulated aquaculture products produced under permit as authorized in the bill; prohibition against engaging in aquaculture for a commercial purpose, except as allowed in the bill, and provisions for violation of this prohibition; circumstances under which a person must obtain an annual aquaculture permit from DNR and provisions and procedures related to various aquaculture permits; conditions which DNR must consider before issuing a permit and before setting permit conditions; provisions, including punishment by fines or imprisonment, for persons who fail to acquire an aquaculture permit or register an aquaculture facility; establishment of magistrate's court jurisdiction for criminal cases arising from the provisions of the bill; and provisions relating to taking of freshwater nongamefish other than shad, herring, and sturgeon.

S.489 BELLE W. BARUCH PROPERTY Sen. Ravenel
This bill provides that it is unlawful for a person other than a trustee, employee, or agent of the Belle W. Baruch Foundation, or a person authorized by the Foundation, to trap, hunt, molest, or attempt to molest a bird, wild fowl, or game, within the refuge, or to trespass upon the Foundation property for that purpose. Currently, such acts are unlawful for any person.

H.3964 PUBLIC WATER IMPOUNDMENTS, PROGRAMS TO COMBAT GROWTH OF AQUATIC WEEDS Rep. Witherspoon
This bill repeals South Carolina Code of Laws, Section 58-1-65, relating to South Carolina public water impoundments for federally regulated hydroelectric projects; programs to combat growth of aquatic weeds; and a hold harmless statute for owners and operators.

H.3965 AMENDMENTS TO SOUTH CAROLINA MARINE RESOURCES ACT OF 2000 Rep. Limehouse
This bill amends numerous sections of the South Carolina Marine Resources Act of 2000. Amendments include, but are not limited to, provisions regarding: requirements for recreational crab traps; catch and possession limits for blue crabs; taking of blue crabs; requirements relating to commercial equipment, excluding vessels, used in the salt waters of this State and in fisheries for anadromous and catadromous species, including specific provisions regarding peeler traps; and removal of abandoned traps.

H.3966 BLUE CRAB TRAP LICENSE MORATORIUM Rep. Limehouse
This joint resolution establishes a moratorium from July 1, 2003 until June 30, 2004, limiting the number of licenses for commercial blue crab traps that may be issued by the Department of Natural Resources (DNR). The bill also requires DNR to study whether limitations on management of the blue crab fishing effort are warranted and present findings and recommendations to the DNR board and the General Assembly by December 31, 2004.

H.3967 CROSSBOW HUNTING Rep. Hamilton
This bill provides that it is not unlawful for a person sixty-two years of age or older to use a crossbow to hunt during seasons when the use of primitive weapons are authorized for hunting.

H.3977 ADOPTION OF FEDERAL BIRD MIGRATORY ACT Rep. Umphlett
This bill provides that the designated hours for hunting waterfowl in this State are from one-half hour before sunrise until noon on days when hunting waterfowl is lawful.

H.3982 MITIGATION TRUST FUND OF THE DEPARTMENT OF NATURAL RESOURCES Rep. M.A. Pitts
This bill provides for the authority of the Department of Natural Resources (DNR) Mitigation Trust Fund, a fund created to receive gifts and other proceeds for mitigation projects in this State. The bill also clarifies the purposes of the Fund and the uses for which the Fund may be expended.

H.3989 FISHING FOR SHAD IN THE ATLANTIC OCEAN Rep. Rhoad
This bill provides that beginning July 1, 2004, there is no open season for fishing for shad for commercial purposes in the Atlantic Ocean territorial sea. The bill also provides that beginning July 1, 2004, there will be no lawful times, methods, and equipment or size and take limits for shad in the Atlantic Ocean territorial sea.

S.318 COMBINED MAINTENANCE SHOP OPERATIONS Sen. Peeler
This joint resolution establishes and provides for the Joint Committee to Study Combined Maintenance Shop Operations (the Committee). The bill charges the Committee to study the feasibility of combining the maintenance shops operated by the State Department of Transportation and the school bus maintenance shops operated by the State Department of Education. The bill requires the Committee to report findings and recommendations to the Governor and the General Assembly by October 1, 2003. The Committee is terminated on the date of its report.

H.3968 ASSISTANCE FOR STUDENTS' READINESS, MEETING STANDARDS, PERFORMANCE Rep. Townsend
This bill provides that students determined to have "rarely demonstrated" skills required in the English and math standards of first and second grade readiness tests shall have an academic plan developed to outline additional services the school and district will provide, and the actions the student and the parents will undertake to further the student's success.

The bill also revises to grades two through nine, the grades applicable to development of academic plans for students lacking skills to perform at current grade levels. Currently these plans are applicable for such students in grades three through eight. The bill provides that students not meeting standards in grade eight may be required to attend a comprehensive remediation program the following year designed to address objectives outlined in their academic plan.

H.3970 MOTOR VEHICLE MAXIMUM LENGTH LIMITATIONS Rep. Townsend
This bill requires the South Carolina Departments of Public Safety and Transportation to honor the motor vehicle maximum length limitations permitted by North Carolina and Georgia upon single unit motor vehicles that transport agricultural products to and from those states.

H.3990 SALTWATER FISHING SPECIAL LICENSE PLATE Rep. Limehouse
This bill renames the current "Artificial Reef" special license plates, the "Saltwater Fishing" plates. The bill also revises use of funds remaining after costs of producing and administering the (former) Artificial Reef plates from supporting artificial reef development, management, and maintenance, to managing and conserving the marine resources of the State.

S.90 SCHOOL DISTRICT STATE OF EMERGENCY Sen. Hayes
This bill revises procedures which the State Superintendent of Education, with the approval of the State Board of Education, and the district board of trustees are authorized to implement when an unsatisfactory school district is in a state of emergency.

S.342 SOUTH CAROLINA ELKS ASSOCIATION SPECIAL LICENSE PLATES Sen. McConnell
This bill authorizes and provides for special "South Carolina Elks Association" license plates.

H.3957 TERMS OF MUNICIPAL JUDGES Rep. Sandifer
This bill revises the terms of municipal judges, so as to establish a set term of four years rather than a term set by the council of the municipality not to exceed four years.

H.3958 SEX OFFENDER NOTIFICATION SYSTEM Rep. E. H. Pitts
This bill establishes the Sex Offender Notification System. The bill requires that a sex offender participate in the notification system and provides for when a sex offender shall notify his parole officer. Penalties are provided for failure to notify. The bill provides for the duties of a parole officer and establishes penalties for failure to perform those duties. The bill provides for the contents of the notification form. The bill provides that funding for the notification process must be covered through existing police budgets.

H.3959 ENFORCEMENT OF STATE CRIMINAL LAWS BY UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE LAW ENFORCEMENT Rep. Harrison
This bill revises provisions relating to the enforcement of state criminal laws by federal law enforcement officers, so as to include United States Department of Agriculture Forest Service law enforcement officers and special agents in the definition of federal law enforcement officer.

S.215 CAMPAIGN FINANCE Sen. McConnell
This bill makes comprehensive campaign finance revisions.

S.389 NO FEE CHARGED FOR FILING A CONSENT ORDER FOR DISMISSAL OF A CIVIL ACTION Sen. Rithchie
This bill provides that no fee shall be charged for filing a consent order for dismissal of any civil action in the court of common pleas and family court.

S.544 ELECTIONS IN THE GENERAL ASSEMBLY Senate Judiciary Committee
This bill provides that in order to be elected, a judicial candidate or any candidate for an office elected by the General Assembly must receive a majority vote of the members of the House of Representatives and the members of the Senate voting in joint session.

H.3969 ADOPTION OF A COMPREHENSIVE PLAN BY A LOCAL GOVERNING BODY Rep. Edge
This bill revises provisions relating to the adoption of a comprehensive plan by the local governing body after a recommendation by the local planning commission, so as to eliminate a provision requiring the governing authority to hold a public hearing after notice is given. The bill provides a procedure by which the local governing body may adopt or enact an element or plan as a whole after at least one public hearing.

H.3976 VIOLATION OF SECURITIES LAWS Rep. Thompson
This bill includes under the jurisdiction of the grand jury crimes involving any violation of Chapter 1, Title 35 of the Uniform Securities Act or any crime related to securities fraud or a violation of the securities laws. The bill provides that every person who knowingly and substantially assists a seller or other person who engages in fraudulent acts in violation of the South Carolina Securities Act will be jointly and severally liable to the same extent as the assisted person who engaged in the fraudulent activity. The bill revises provisions relating to limitations of actions and the effect of offer to refund consideration with interest, so as to require that in cases involving deception to investors the limitations period is extended to three years after discovery of the untrue statement or omission, or after the discovery should have been made by reasonable diligence.

H.3978 CORPORAL PUNISHMENT BANNED IN CHILDCARE FACILITIES Rep. J. E. Smith
This bill bans the use of corporal punishment in childcare facilities that are required to be licensed, registered, or approved except in certain cases.

H.3984 LEGISLATIVE CAUCUS BASED ON MILITARY SERVICE OR LENGTH OF SERVICE IN THE GENERAL ASSEMBLY Rep. R. Brown
This bill revises the definition of "legislative caucus" to include a caucus based on previous or current honorable military service as a member of the Armed Forces of the United States or of a reserve component of the Armed Forces of the United States, the National Guard of South Carolina or another state, or the State Guard of South Carolina or its equivalent in another state, or length of service in the General Assembly.

H.3985 ELIGIBILITY TO SERVE ON A MAGISTRATE'S JURY Rep. G. Brown
This bill provides that a person is a resident of a jury area for purposes of being eligible to serve on a magistrate's jury that must be selected from a particular magistrate's district or jury area if the person is a qualified elector residing within the particular magistrate's district or jury area, or is a qualified elector residing within a voting precinct lying wholly or partially within the magistrate's district or jury area from which the magistrate's court jury must be drawn.

H.3988 PRESIDENTIAL PREFERENCE PRIMARIES Rep. J. E. Smith
This bill revises provisions relating to party convention primaries conduced by the State Election Commission, so as to require the State Election Commission to conduct presidential preference primaries. The bill eliminates a provision under which political parties are not prohibited from conducting presidential or advisory primaries.

H.3991 ELECTION OF COMMISSIONERS OF PUBLIC WORKS Rep. Loftis
This bill provides that if a board of commissioners of public works provides water service to customers outside the corporate limits of that municipality, those customers to whom water service is provided are deemed qualified electors for the election of commissioners of public works and may vote for these commissioners at the time of their election.

H.3999 "THE COUNTY PRISONER REIMBURSEMENT FOR CARE AND MAINTENANCE ACT" Rep. Herbkersman
This bill enacts "The County Prisoner Reimbursement for Care and Maintenance Act," to provide for reimbursement of certain expenses incurred by a county when a person is a prisoner or detained in a county jail. The bill provides for forms, investigations, and reports to be used in determining the financial status of prisoners. The bill provides for suits to collect reimbursement and enforce judgments. The bill provides for protection of homesteads. The bill provides for disposition of reimbursement collected under this legislation.

H.4001 "LEWIS BLACKMAN HOSPITAL PATIENT PROTECTION ACT" Rep. J. E. Smith
This bill enacts the "Lewis Blackman Hospital Patient Protection Act." The bill requires hospital personnel to wear badges identifying their names, departments, and status. The bill requires that written information be provided to patients prior to admission concerning whether any of their care is to be provided by resident physicians or other medical trainees. The bill requires a hospital to assign a primary attending physician to a patient upon admission and to require the attending physician, or another physician designated by the attending physician, to examine the patient daily and to indicate such in the patient's chart. The bill requires hospitals with over one hundred beds to have an attending physician onsite at all times to provide consultation and care. The bill requires a hospital to inform a patient and his family as to who is the patient's attending physician, the onsite attending physician, the head nurse for the patient's unit, and the hospital nursing supervisor and medical director, how to contact these individuals, and that they may contact these individuals at any time. The bill requires hospitals to post signs providing certain telephone contact information. The bill provides civil fines for noncompliance, and provides that this legislation does not preclude a claim that may have otherwise been asserted under common law or any other provision of law. The bill revises provisions relating to the definition of "physician" and "surgeon", so as to also include doctors of osteopathic medicine in this definition and to restrict the use of these titles to persons licensed to practice medicine.

H.3979 RELEASE OF PATIENT'S LENS PRESCRIPTION Rep. J.E. Smith
This bill requires an optometrist to provide a patient's lens prescription for eyeglasses or contact lenses to the patient upon request.

H.3980 RATING CHILDCARE FACILITIES Rep. J.E. Smith
This bill requires the Department of Social Services (DSS) to promulgate regulations establishing a voluntary rating system for childcare facilities licensed or registered by DSS.

H.3987 CRIMINAL RECORD CHECKS FOR DIRECT CAREGIVERS Rep. White
This bill revises current requirements for criminal record checks for direct caregivers. Revisions include: requiring direct care entities employing or contracting with a direct caregiver to commence a criminal record check within seven days of employing or contracting with the direct caregiver; prohibiting an employment agency from furnishing employees to a direct care entity without conducting a criminal record check on each employee; and a requirement that annually, the caregiver must sign a statement that the caregiver has not been convicted or pled guilty to certain crimes specified in the bill.

S.36 GUIDE DOGS/RIGHTS OF PHYSICALLY DISABLED Sen. Knotts
This bill, cited as "Layla's Law," makes it unlawful to interfere with the use of a guide dog or service animal, as described in the bill, or to harm, wrongfully obtain or exert unauthorized control over a guide dog or service animal. The bill provides penalties, including fines and/or imprisonment and restitution, for violation of these provisions.

H.3942 COUNTY ASSESSMENT AND EQUALIZATION PROGRAM Rep. Bowers
Currently, the county option property tax exemption limits to fifteen percent increases in fair market value of real property attributable to a countywide reassessment and equalization program. This bill requires the State to reimburse all additional administrative expenses incurred by a county if the exemption is determined by a court of competent jurisdiction to be in violation of Article X of the South Carolina Constitution.

H.3943 COUNTY SCHEDULING OF REASSESSMENT AND EQUALIZATION FOR PROPERTY TAX PURPOSES Rep. Bowers
This bill provides that a county may, by ordinance, postpone for up to two property tax years the implementation of revised values resulting from the equalization program. Currently, counties may postpone implementation for up to one property tax year.

H.3962 BINGO Rep. Cooper
This bill revises current procedures regarding manufacturing and distribution of bingo cards, tickets, or electronic devices. Included in the bill are revisions to relevant licensing procedures, application procedures, and criteria that bingo cards must meet (including bearing of the South Carolina state seal and denomination of value) and punishment for violation of this criteria; and revision to provisions regarding persons who are not permitted to manage or conduct or assist in a game with the bingo operation industry.

H.3963 IMPROVEMENT OF REAL PROPERTY/PROPERTY TAXES Rep. Clemmons
This bill allows a county by ordinance to require the listing of improvements to real property with the county auditor within thirty days following the completion of the improvements. The bill also provides for prorating property taxes on the improved real property for the tax year the property is listed, and makes taxes attributable to improvements listed after June 30 of the property tax year due when taxes are due on the real property for the succeeding property tax year.

H.3981 DEPARTMENT OF REVENUE (DOR) WAGE GARNISHING POWER Rep. J.E. Smith
This bill limits DOR's wage garnishing powers to collection of an outstanding tax liability owed to a governmental entity, as that particular tax liability is defined in the bill.

H.3983 CRITERIA TO RETAIN LIFE SCHOLARSHIP Rep. Hamilton
This bill revises the criteria to retain a LIFE Scholarship for students who receive this scholarship as an entering college freshman and for students who fail to retain a Palmetto Fellows Scholarship.

H.3986 BINGO Rep. Cooper
This bill revises current bingo provisions, including but not limited to: requirements, procedures, and definitions concerning site systems, electronic dabbers, and bingo tickets; requirements regarding use of electronic or mechanical devices designed for bingo games; and procedures which must be followed when an organization or promoter seeks clarification on the play of or operation of a bingo game.

H.3998 BOND OR COLLATERAL OF NONPUBLIC EDUCATIONAL INSTITUTIONS/STUDENT TUITION GUARANTY FUND Rep. Stille
This bill provides for the purposes for which bond or collateral required of nonpublic educational institutions and student tuition guaranty funds may be used. The bill also renames the current student tuition guaranty fund the "student recovery fund."

H.4000 INCOME TAX CREDITS Rep. Vaughn
This bill allows and provides for an income tax credit against a taxpayer's state income tax liability for the amount of voluntary cash contributions made by the taxpayer during the taxable year to "school tuition organizations," as those organizations are defined in the bill.

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