House Week in Review

House Committee Action

Bills Introduced in the House This Week

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.

The House of Representatives debated S.424, a concurrent resolution AFFIRMING THE RIGHTS OF SOUTH CAROLINA BASED ON THE PROVISIONS OF THE NINTH AND TENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION.

The House returned S.454, a bill revising PYROTECHNIC SAFETY provisions relating to the licensure and regulation of persons handling fireworks, to the Senate with amendments. The legislation increases the State Board of Pyrotechnic Safety from six to seven members, adding a member to represent pyrotechnics wholesalers. The legislation provides licensure requirements for the manufacturing, sale, or storage of fireworks. The Department of Labor, Licensing and Regulation is authorized to investigate complaints. The legislation: provides grounds for disciplinary action; requires liability insurance; requires the reporting of fires and explosions; and, provides criminal and civil penalties for violations.

The House approved and sent to the Senate H.3778, a bill providing for "HOSPITAL INFECTIONS DISCLOSURE ACT" REVISIONS. This bill amends the Hospital Infections Disclosure Act (HIDA) which requires hospitals to collect and submit data to DHEC concerning infections acquired by patients who are treated at those facilities. The existing statute required the first report to be submitted to the General Assembly and the public before February 1, 2009. The bill establishes April 15 as the deadline for future annual reports. This date will give the agency more time to close out and review the data from the previous year. The bill also authorizes DHEC to impose civil monetary penalties on a hospital that does not comply with the reporting requirements. Currently, the only recourse the agency has for noncompliance is to revoke a hospital’s license.

The House approved and sent to the Senate H.3871 that pertains to REPORTING REQUIREMENTS FOR LABORATORIES THAT TEST FOR INFECTIOUS DISEASES. This bill will require a laboratory that performs tests for any disease on the List of Reportable Conditions to report positive tests to DHEC. According to DHEC, approximately 90% of labs already submit this information to the agency on a voluntary basis. DHEC will promulgate regulations to establish a time frame for labs to report this information. The bill authorizes DHEC to require a laboratory to provide clinical specimens for further testing for epidemiological surveillance. The bill also authorizes DHEC to impose a civil monetary penalty of up to $1000 for a first offense and up to $5000 for each subsequent offense for a laboratory that does not comply with the reporting requirements.

The House approved and sent to the Senate H.3803 which amends numerous statutes relating to the various actions and proceedings concerning the affairs of decedents, protected persons, minors, and incapacitated persons falling under the subject matter JURISDICTION OF THE PROBATE COURT, so as to differentiate between a formal proceeding and an application to the court and the procedural rules governing each. Among other things, the legislation requires the filing and service of a summons and petition to commence a formal proceeding, distinguishes the requirement of summons and petition from the notice requirements for a hearing on a petition. The legislation also amends statutes relating to the South Carolina Trust Code, so as to substitute "person" for "parent" and "issue" for "child", delete the requirement of a taxpayer identification number on a certificate of trust, allow certain reimbursements to a prospective trustee, and make technical changes.

H.3279, a PROPOSED STATE CONSTITUTIONAL AMENDMENT AUTHORIZING THE GOVERNOR TO APPOINT THE SECRETARY OF STATE, failed to receive the two-thirds affirmative vote that is necessary to approve a proposed amendment to the South Carolina Constitution. The joint resolution proposes to amend the South Carolina Constitution by removing the Secretary of State from the list of State officers that the constitution requires to be elected. Instead, the Secretary of State must be appointed by the Governor upon the advice and consent of the General Assembly for a term coterminous with the Governor. The joint resolution further provides that the General Assembly shall provide by law for the duties, compensation, and qualifications for the office and the procedures for removal from office.

The full committee did not meet this week.

The full committee did not meet this week.

The full committee did not meet this week.

The full House Labor, Commerce and Industry Committee met on Tuesday, January 26, and reported out several bills.

The committee gave a report of favorable with amendment on H.3736, a bill revising the manner and CONDITIONS UNDER WHICH LABOR ORGANIZATION MEMBERSHIP DUES MAY BE DEDUCTED FROM WAGES. The legislation provides that it is unlawful to deduct from the wages, earnings, or compensation of an employee any union dues, fees, assessments, or other charges to be held for, transferred to, or paid over to a labor organization, unless the employee has first presented, and the employer has received, a signed written or electronic authorization for the deductions. This authorization may be revoked by the employee at any time by giving written or electronic notice of the revocation to the employer. Deductions for political activities or contributions shall not be deducted from the wages, earnings, or compensation of an employee.

The committee gave a report of favorable with amendment on S.362, relating to WORKERS’ COMPENSATION COVERAGE OF FIREFIGHTERS’ HEART AND RESPIRATORY DISEASES. This bill revises provisions relating to firefighters covered under South Carolina Workers’ Compensation law and the presumption regarding impairment or injury from heart disease and/or respiratory disease, to provide that the impairment or injury is considered to have arisen out of and in the course of employment if they have successfully passed a physical exam within the last two years.

The committee gave a report of favorable with amendments on S.454, a bill revising PYROTECHNIC SAFETY provisions relating to the licensure and regulation of persons handling fireworks, to the Senate with amendments. The legislation increases the State Board of Pyrotechnic Safety from six to seven members, adding a member to represent pyrotechnics wholesalers. The legislation provides licensure requirements for the manufacturing, sale, or storage of fireworks. The Department of Labor, Licensing and Regulation is authorized to investigate complaints. The legislation: provides grounds for disciplinary action; requires liability insurance; requires the reporting of fires and explosions; and, provides criminal and civil penalties for violations.

The House gave a favorable report on H.4147, a joint resolution establishing a STUDY COMMITTEE ON THE SALE OF POTENTIALLY HIGHLY FLAMMABLE FURNITURE in this state. The legislation provides for the study committee’s membership and requires the committee to report its findings and recommendations to the General Assembly no later than January 20, 2011, at which time it is abolished.

The full committee did not meet this week.

The full committee did not meet this week.

H.4444 CATCH LIMITS FOR ESTUARINE AND SALTWATER FINFISH INCLUDING WEAKFISH CYNOSCION Rep. Umphlett
This bill states that it is unlawful for a person to take or have in possession more than one weakfish in any one day.

H.4477 TOTAL NUMBER OF CALORIES DERIVED FROM ANY FOOD ITEM TO BE PROVIDED BY RESTAURANTS Rep. Vick
A restaurant shall post on all menu boards and menus the total number of calories derived from any source for each menu item listed on its menu boards or menus. This provision provides for specifications for how to count calories of menu items and to define certain terms.

H. 4417 NOTIFICATION OF LIENS ON MOTOR VEHICLES AND MOBILE HOMES TO LIENHOLDERS Rep. Simrill
This bill governs electronic notifications and the retention of copies.

H. 4452 CORONER LICENSE PLATES Rep. D.C Moss
This bill allows that a coroner may be issued two license plates.

H. 4412 SMOKING PROHIBITIONS Rep. Crawford
This bill prohibits smoking material within twenty-five feet of certain doors and to separate designated smoking areas from indoor areas where smoking is prohibited.

H. 4434 NOTICE OF ELECTIONS Rep. Nanney
This bill changes notice of elections from newspapers to notice on the
State Election Commission website and shortens the posting of the first notice to forty-five days.

H. 4438 DECEDENTS’ AGENTS Rep. J .E. Smith
This bill adds as a decedent agent the person named on the decedent's United States Department of Defense Record of Emergency Data.

H. 4443 PAROLE AND PAROLE ORDERS Rep. Toole
This bill increases the number of years (from two to three) a person must wait to have a parole hearing after receiving a negative determination of parole for a violent crime.

H. 4450 MUNICIPAL COURT JUDGES AND MAGISTRATES Rep. Rutherford
This bill establishes that municipal court judges and magistrates are responsible for the docket in their own courts.

H. 4451 ALCOHOLIC LIQUORS Rep. D.C Moss
This bill expands the prohibition of the sale of alcoholic liquors to include Christmas Day and Thanksgiving Day.

H. 4457 PERSONAL EMAIL PRIVACY PROTECTION ACT Rep. Bowers
This bill establishes that personal emails are not subject to disclosure under the Freedom of Information Act and sets a penalty for disclosure, with an exception for those complying under a court order.

H. 4458 REVIEW OF THE JUDICIAL AND CRIMINAL JUSTICE SYSTEM Rep. Bowers
This bill establishes the South Carolina Commission for the Review of the Judicial and Criminal Justice Departments and Relevant Laws. Composed of thirteen voting members, the Commission is to review and make recommendations for updating all relevant laws regarding the judicial and criminal justice systems to the legislature and is to deliver its report no later than February 1, 2011.

H. 4459 OFFENSES WHILE ON PROBATION Rep. Bowers
This bill creates the felony offense of assault while on probation, parole, or under bond.

H. 4460 DRIVE BY SHOOTING Rep. Bowers
This bill creates the felony offense of discharging a firearm from a motor vehicle with a fine of not more than ten thousand dollars or imprisonment of not more than ten years, or both.

H. 4461 HOUSE DISTRICTS WITHIN COUNTY LINES Rep. Bowers
This bill mandates that with the next reapportionment and where possible a House district must be wholly contained in a county.

H. 4468 STUDY COMMITTEES Rep. Thompson
This bill creates a study committee to study study committees.

H. 4470 SOCIAL SECURITY NUMBER PROTECTION ACT Rep. Pitts
This bill allows that persons are not required to provide their Social Security numbers on any form required by a state governmental entity; however, the section does not apply to forms required by the Tax Reform Code of 1971 and any other form utilized in connection with the collection of state taxes.

H. 4475 APPOINMENT OF SECRETARY OF STATE Rep. T.R. Young
This amendment to the SC Constitution requires that the Secretary of State must be appointed by the Governor (upon the advice and consent of the General Assembly). The term of office must be for four years, coterminous with that of the Governor. The General Assembly is to provide for the duties, compensation, and qualifications for office, the procedures by which the appointment is made, and the procedures by which the Secretary of State may be removed from office.

H. 4476 SC COMMISSION ON STATE AND FEDERAL RELATIONS Rep. Chalk
This bill creates the SC Commission on State and Federal Relations so as to promote harmony between the state of SC and the federal government and to promote minimal federal involvement in state affairs.

H.4429 REGISTERED ENGINEER/ SURVEYOR MAY ONLY ENTER A CONTRACT FOR A PROFESSIONAL SERVICE ON PUBLIC WORK ON THE BASIS OF DIRECT NEGOTIATION Rep. Bingham
This bill provides that a registered engineer or surveyor only may enter a contract for a professional service on public work on the basis of direct negotiation, thereby precluding his participation in a system requiring a comparison of compensation. However, a registered engineer or surveyor may state compensation to a prospective client as part of direct negotiation after he is selected as the most qualified provider and where engineering and surveying services necessary to protect the public health, safety, and welfare are found.

H.4445 "PERMIT EXTENSION JOINT RESOLUTION OF 2010" Rep. Loftis
This joint resolution extends certain government approvals affecting the development of real property within the state.

H.4448 AUTHORITY FOR ELECTRIC COOPERATIVES AND MUNICIPAL ELECTRIC SYSTEMS TO IMPLEMENT FINANCING SYSTEMS FOR ENERGY EFFICIENCY IMPROVEMENTS Rep. Sandifer
This bill provides electric cooperatives and municipal electric systems authority to finance the purchase price and installation cost of energy conservation measures and recover this financing through charges paid for by the customers benefitting from the installation of the energy conservation measures.

H.4466 EMPLOYMENT STATUS OF AGENCY DEPUTY DIRECTORS APPOINTED BY THE AGENCY DIRECTOR Rep. Bowers
This bill eliminates the "at will" employment status of agency deputy directors appointed by the agency director. The legislation removes state agency deputy directors form the category of employees exempted from coverage by the State Employee Grievance Procedure Act.

H.4469 TAXI REGULATIONS Rep. T.R. Young
This bill requires a Class C Taxi Certificate holder in certain counties to maintain a physical office location and file proof of compliance. The legislation revises grounds for issuance or denial of a certificate to operate as a motor vehicle common carrier, so as to put the burden of proof on an applicant seeking a Class C Taxi Certificate that the public convenience and necessity is not being served by existing certificate holders.

H.4413 "LICENSURE OF IN-HOME CARE PROVIDER ACT" Rep. Chalk
This bill enacts the "Licensure of In-Home Care Provider Act" which states that an in-home care provider must apply for and obtain a license issued by the South Carolina Department of Health and Environmental Control. The Department shall promulgate regulations, for use on July 1, 2010, which will include application and renewal procedures; criminal background checks for licensed applicants; requirements for bonding, recordkeeping and reporting. The department may charge for the application process. The regulations will also include criteria that a licensee’s employee, agent, independent contractor or referral must satisfy before providing in-home care services. These criteria must include, but are not limited to, personal information, completion of a minimum education requirement, completion of minimum training and continuing education requirements and screening for communicable diseases and sanctions that may be imposed for violations.

H.4446 PUBLIC HEALTH EMPLOYEES PARTICIPATING IN MASS IMMUNIZATION PROJECTS Rep. Crawford
The South Carolina Department of Health and Environmental Control is responsible for mass immunization projects that are administered in any part of the State; and currently the law provides for the participation of medical personnel in these projects who are exempt from liability. The bill revises that licensed nurses, rather than registered nurses, are included in the personnel who may participate in these projects and who are exempt from liability.

H.4453 PHYSICIAN TRANSPARENCY ACT Rep. Gilliard
The State Board of Medical Examiners shall require physicians seeking licensure to submit information pertaining to prior licenses held, disciplinary action taken again the physician, any agreement to temporarily cease or restrict practice of medicine, actions affecting clinical privileges, criminal convictions and final judgments or settlements resulting from malpractice action. In addition, this bill provides that failure to submit the information or providing false information is considered misconduct and the board may not issue, renew or reinstate the license. Among many other things, the bill provides that the Board must make available to the public on the Board’s website, information and types of complaints filed again a physician; and that all hearings before the Board regarding complaints must be open to the public.

H.4472 ENERGY INDEPENDENCE PLAN (EIP) Rep. J. E. Smith
This bill states that a municipality shall develop an Energy Independence Plan (EIP) through which the municipality shall make available loans to help its residents finance the installation of distributed generation renewable energy sources or energy efficiency improvements that are permanently affixed to residential, commercial, industrial, or other real property situated in the municipality.

S.517 AUTHORIZATION OF FEES AND FINES MUST BE SEPARATE FROM AN APPROPRIATIONS ACT/ OTHER FUNDS STUDY COMMITTEE Sen. Davis
This joint resolution provides that the General Assembly shall not authorize a state agency, department, or entity to increase or implement a fee for performing a service or function, or a civil penalty or fine for failure to comply with a requirement or provision of law under its jurisdiction in the temporary or permanent provisions of the State General Appropriation Act or a supplemental appropriations act. Any increase or implementation of any fee or fine may only be authorized by an act separate from an appropriations act. Certain exceptions are specified. The joint resolution also establishes the Other Funds Study Committee to review, study, and make recommendations concerning agency earmarked and restricted fund accounts to include a review of all sources of other fund revenue retained and expended for agency operations.

S.1034 TAXATION REALIGNMENT COMMISSION DEADLINE EXTENSION Sen. Leatherman
This joint resolution provides that he date by which the Taxation Realignment Commission shall prepare and deliver its report and recommendation is extended from no later than March 15, 2010, until no later than October 15, 2010.

H.4427 NET PROCEEDS FROM BINGO GAMES MUST BE APPLIED TO CHARITABLE PURPOSES WITHIN THE COUNTY Rep. Jennings
This bill revises provisions relating to deposits, transfers, and disbursements of the proceeds from bingo games, so as to provide that the net proceeds also must be applied by the nonprofit organization for charitable purposes in the county where the bingo game is conducted, or distributed by the organization to another charitable organization located in that county and used for its charitable purposes in the county.

H.4428 DEADLINE FOR PAYMENT OF MUNICIPAL OR A COUNTY BUSINESS LICENSE FEES Rep. Rutherford
This bill prohibits a municipality or a county that requires a business license fee to set the final deadline for payment before October fifteenth of the year in which the fee is due.

H.4430 IMPLEMENTATION OF COUNTYWIDE PROPERTY TAX REASSESSMENT FOR A MUNICIPALITY WITH PROPERTY IN TWO OR MORE COUNTIES Rep. Merrill
This bill provides that if a municipality consists of real property located in two or more counties and one of those counties but not all undergoes and implements a countywide reassessment and equalization program in a particular year, any higher real property tax valuations in that county resulting from the reassessment shall not apply for purposes of computing municipal ad valorem taxes until the year in which all other counties in the municipality have completed and implemented such a reassessment and equalization program.

H.4439 TAXATION REALIGNMENT COMMISSION EXTENSION AND EXPANSION Rep. Ott
This bill revises South Carolina Taxation Realignment Commission provisions so as to extend the date on which the commission must conclude its business, extend the date when the commission’s principal report is due, and expand the scope of the commission’s study to include a review of all taxes imposed in this state.

H.4440 REVISED PROVISIONS FOR ACROSS-THE-BOARD STATE BUDGET REDUCTIONS TO AVOID YEAR-END DEFICITS Rep. Ott
This bill revises provisions authorizing across-the-board budget reductions by the State Budget and Control Board and the monitoring of revenues and expenses to avoid year-end deficits. The legislation provides that, beginning July 1, 2010, the State Budget and Control Board is not authorized to make across-the-board budget reductions, and provides that any proviso in a general appropriations act to the contrary requires a two-thirds vote of the membership of both houses of the General Assembly. The legislation provides for revised procedures for monitoring and avoiding year-end budget deficits that confer responsibilities upon the Office of State Budget and the Chairmen of the House Ways and Means Committee and the Senate Finance Committee.

H.4441 LIMITATIONS ON THE ENACTMENT OF SUPPLEMENTAL APPROPRIATION BILLS Rep. Ott
This bill provides that until the General Assembly by law or the Constitution of this State provides for a reserve fund or funds of whatever name and denomination consisting in total of monies appropriated from the general fund at least equal to ten percent of the general fund revenue collected for the most recently completed fiscal year, and until such reserve funds have unencumbered balances in at least this amount as certified by the Office of State Budget, a supplemental appropriation bill may not be enacted by the General Assembly into law.

H.4442 TAXATION OF SALES OF HANDGUNS, RIFLES, SHOTGUNS, AND AMMUNITION BY CHARITABLE ORGANIZATIONS Rep. J.R. Smith
This bill revises the sales tax exemption of charitable organizations if the net proceeds are used exclusively for the charitable organization’s tax exempt purposes, so as to provide that the sale by such an organization of handguns, rifles, shotguns, and related ammunition shall be sales tax free only on the "Second Amendment Weekend".

H.4449 INDIVIDUAL INCOME TAX CREDIT FOR TUTORING EXPENSES Rep. Ballentine
This bill allows a refundable state individual income tax credit for up to two thousand dollars of expenses incurred by the taxpayer for tutoring an eligible student.

H.4462 PROPERTY TAX ASSESSMENT RATIO ON A RESIDENCE WHICH AN OWNER MAINTAINS FOR A PARENT Rep. Bowers
This bill establishes the conditions under which the property tax assessment ratio on a residence which an owner maintains for a parent who occupies it as their principal residence shall be four percent.

H.4463 ASSESSABLE TRANSFER OF INTEREST DOES NOT OCCUR WHEN BENEFICIAL OWNERSHIP OF THE PROPERTY HAS NOT CHANGED Rep. Bowers
This bill provides that an assessable transfer of interest for purposes of appraising real property does not include any transfer when the beneficial ownership of the property has not changed.

H.4464 TAXATION OF MULTIUNIT RESIDENTIAL REAL PROPERTY CONTAINING FOUR UNITS OR LESS Rep. Bowers
This bill revises provisions for the classification of property for ad valorem tax purposes and the assessment ratios applicable to such property, so as to provide that multiunit residential real property containing four units or less which each unit occupant occupies as his principal residence on a rental or ownership basis must be taxed on an assessment equal to four percent of the fair market value of the property. The legislation provides for this reduced ratio by means of a property tax exemption.

H.4465 ELIMINATION OF SALES TAX EXEMPTION FOR TIME SHARE UNIT ACCOMMODATIONS EXCHANGES Rep. Bowers
This bill eliminates the sales tax exemptions allowed in the exchange of accommodations in the case of time share units.

H.4467 PRESERVATION DISTRICT ESTABLISHED BY A MUNICIPALITY Rep. Bowers
This bill provides that all municipal ad valorem property taxes which would otherwise be imposed on new improvements to real property located in a preservation district established by a municipality of this state within its corporate limits are abated for a period of five calendar years beginning with the first day of January after the establishment of the district. The legislation provides that a municipality within its general authority is permitted by ordinance to establish such districts in the manner and under the terms and conditions it considers appropriate.

H.4471 REVISED MANAGEMENT PLAN FOR STATE PARK OR FACILITY Rep. Bales
This bill provides that, based on a review of business and personal use of a particular state park or facility by the Department of Parks, Recreation and Tourism, and the labor and insurance requirements it sustains at that facility, it may alter the management plan for that park or facility by permitting the reletting of campsites, camping facilities, or other amenities before the rental term of the original renter has expired if vacated by the original renter before the end of the stated term. The legislation provides the department also may waive the charges for its reuse and for the use of these and other amenities.

H.4478 "SOUTH CAROLINA ECONOMIC DEVELOPMENT COMPETITIVENESS ACT OF 2010" Rep. Harrell
This bill enacts the "South Carolina Economic Development Competitiveness Act of 2010" to implement numerous private sector recommendations for fostering an economic development climate in the state to attract global business and industry investment. The legislation provides for the gradual elimination of the corporate income tax, such that, beginning with the year 2011, the corporate income tax rate of five percent annually is to be reduced by one-half percent per year until the rate reaches zero for the year 2020 and thereafter. The legislation authorizes the Coordinating Council on Economic Development to expend gasoline user fee funds set aside for economic development which were not obligated or committed as of July first of the current fiscal year only as necessary for the location or expansion of an industry or business facility in South Carolina. Eligible expenditures include water and sewer projects, road or rail construction and improvement projects, land acquisition, fiber-optic cable, relocation of new employees, pollution control equipment, environmental test strips and similar due diligence reports, acquiring and improving real or personal property, and site preparation. The legislation revises provisions for the Centers of Excellence Matching Endowment that is funded from the South Carolina Education Lottery Account by authorizing the Secretary of Commerce to award one-third of the endowment. The legislation establishes provisions to allow the state to take full advantage of two new types of recovery zone bonds added by provisions of the federal American Recovery and Reinvestment Act of 2009 (ARRA). The legislation expands incentives for life sciences facilities so that they also apply to renewable energy manufacturing facilities involved in the production of solar energy collectors, wind turbines, or advanced lithium and ion, or other batteries for alternative energy motor vehicles. The legislation revises provisions for industrial development projects under fee in lieu of property taxes agreements, so as to accommodate investment in a qualified nuclear plant facility. The legislation revises provisions for fees in lieu of taxes, so as to increase the number of years a fee is available and eliminate the requirement that the fair market value of the property established for the first year of the fee remains the fair market value of the real property for the life of the fee. The legislation revises job tax credits, investment tax credits, revitalization agreements, and numerous other economic development incentive tools.

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