Legislative Update
March 15, 2016
Vol. 33, No. 9

South Carolina House of Representatives
James H. "Jay" Lucas, 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


CONTENTS

NOTE: THESE SUMMARIES ARE PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND ARE NOT THE EXPRESSION OF THE LEGISLATION'S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. THEY ARE STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND ARE NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.


Legislative Update, March 15, 2016

HOUSE WEEK IN REVIEW

The House of Representatives concurred in Senate amendments to H.4639, relating to INTERSTATE RECIPROCITY AGREEMENTS FOR POSTSECONDARY DISTANCE EDUCATION, and enrolled the bill for ratification. The legislation provides that the Commission on Higher Education may enter into interstate reciprocity agreements, such as the State Authorization Reciprocity Agreement, governing the operation of postsecondary distance education programs offered by accredited degree-granting institutions of higher learning in South Carolina. Since colleges and universities that offer online education programs must obtain authorization in every state where a pupil resides, the legislation is offered as a means of making this authorization process less complex and expensive by allowing the institutions of higher learning in South Carolina to make use of a single distance education protocol that applies in all the states that have entered into a reciprocity agreement.

The House concurred in Senate amendments to H.3534, a bill EXPANDING ELIGIBILITY FOR PARTICIPATION IN THE SOUTH CAROLINA HIGHER EDUCATION EXCELLENCE ENHANCEMENT PROGRAM that is funded with Education Lottery proceeds for the purpose of enhancing the educational opportunities of low-income and educationally disadvantaged students, and enrolled the bill for ratification. The legislation expands the criteria for institutions eligible to participate in the South Carolina Higher Education Excellence Enhancement Program so as to include: an institution that offers at least one nonsectarian program at the baccalaureate level; an institution that meets criteria for having a predominately female enrollment; and an institution that receives Title III funding and is accredited by an accrediting organization recognized by the United States Department of Education. Provisions are included for the Commission on Higher Education to conduct an annual review of funds allocated to schools to ensure that they are being used appropriately.

The House approved S.1049, relating to the REINSTATEMENT OF MARKETING COOPERATIVE ASSOCIATIONS, and enrolled the bill for ratification. The legislation establishes provisions that allow marketing cooperative associations to seek reinstatement from the Secretary of State within two years of expiration.

The House approved and sent the Senate H.5020, a bill declaring the third Saturday in May of each year as "SOUTH CAROLINA DAY OF SERVICE" when all South Carolinians are encouraged to roll up their sleeves and lend a hand to make a positive difference in our great state.

The House approved and sent the Senate H.3989, the "PERSONS WITH DISABILITIES RIGHT TO PARENT ACT" which establishes protections for the parenting rights of persons with disabilities. The legislation: establishes requirements and safeguards in child custody, child protection, and probate guardianship proceedings; prevents people with disabilities from being denied their right to parent, or have custody of, children; prohibits child placing agencies, adoption service providers, and assisted reproductive technology service providers from denying disabled people access to services; requires assessments, and evaluations, of certain people with disabilities in probate and family court proceedings; requires consideration of ways to accommodate disabilities to better enable disabled persons to parent a child adequately; requires consideration of a parent’s or legal guardian’s disability to avoid the removal of the child as well as preserve or reunify a family; allows access to adaptive parenting equipment, instruction on adaptive parenting techniques, and reasonable accommodations with regard to accessing services that are available to nondisabled parents or legal guardians; and requires that reasonable efforts must be individualized based on the specific needs of the parent’s or legal guardian’s disability.

The House amended, approved, and sent the Senate H.4510, a bill establishing LIMITATIONS ON THE NUMBER OF FOSTER CHILDREN WHO MAY BE PLACED IN A FOSTER HOME. The legislation allows a foster home to provide full-time care for up to eight children, with up to five of them being foster children. The exceptions to this maximum number include keeping a sibling group together, allowing children to remain in their home community, returning a child to a home that was a previous placement for them, complying with a court order, and any placement in the best interest of the child.

The House amended, approved, and sent the Senate H.4262, legislation revising FAMILY CHILDCARE HOME training and registration requirements. Beginning July 1, 2017, the legislation increases hours of training from two to ten for operators of family childcare homes, employees or contractors with operators of family childcare homes. The legislation incorporates these training requirements and provides for other revisions within the criteria that the Department of Social Services uses in determining whether to deny an application for a statement of registration, deny an application for a renewal of registration, work with a family childcare home operator to resolve a concern, or withdraw a statement of registration. DSS shall consider previous applications and the circumstances of prior inspections or withdrawals of registration as factors to be considered in the application process; however, a prior concern does not prohibit the department from granting the family childcare home a statement or renewal of registration if the department is satisfied the concern has been resolved.

The House approved and sent the Senate H.3036, a bill declaring January 17 of each year as "EARTHA KITT DAY" in South Carolina in honor of the late Eartha Mae Kitt, nationally and internationally known actress, singer, and native South Carolinian and to promote cultural tourism in the state in order to enhance the economic well-being and improve the quality of life of all South Carolinians.

The House approved and sent the Senate H.4944, a bill REQUIRING THAT GENERAL ELECTIONS BE HELD FOR UNCONTESTED MUNICIPAL RACES by eliminating an exception that currently allows a general election not to be conducted to fill a municipal office when only one person has filed for the office and no one has filed a declaration to be a write-in candidate.

The House approved and sent the Senate H.4535, a bill REPEALING OBSOLETE LAWS. The legislation repeals various outdated South Carolina Code provisions relating to: assisting in duels and challenges for such combat; seduction under promise of marriage; adultery and fornication; adventuring in lotteries; unlawful operation of public dance halls on Sundays; supplanted provisions for unlawful work on Sundays and the prohibited sale of certain items on Sundays; a prohibition on railroads removing their lines from towns with more than five hundred inhabitants; the unlawful removal of hand or lever cars from tracks and leaving them near crossings; and, a prohibition on minors playing pinball. The legislation includes provisions that the repeal or amendment of any law by this act does not affect any pending actions, rights, duties, or liabilities.

The House approved and sent the Senate H.4124, a bill UPDATING STATE MENTAL HEALTH FACILITIES TERMINOLOGY, including a substitution of the term ‘law enforcement officer’ for the term ‘marshal’ and ‘Department of Mental Health’ for obsolete references to the ‘Mental Health Commission’ in order to reflect current Department operations.

The House approved and sent the Senate H.4542, the "EXPERIMENTAL HEALTH CARE TREATMENT LAW" which provides authorization for physicians to prescribe certain promising experimental treatments to an eligible patient who has considered all available approved treatments for an advanced illness that has been medically determined to be irreversible and, without life-sustaining measures, likely to result in death within six months. The provisions apply only to an investigational drug, biological product, or device that has successfully completed phase one of an FDA-approved clinical trial but remains under further investigation in federal clinical trials and has not yet been approved for general use by the U.S. Food and Drug Administration.

The House refused to grant free conference powers on H.3114, the "SOUTH CAROLINA PAIN-CAPABLE UNBORN CHILD PROTECTION ACT" which establishes a prohibition on the performance of abortions beginning at twenty weeks following fertilization.

The House approved and sent to the Senate H.5064, a joint resolution directing the Department of Health and Environmental Control to conduct or commission a feasibility study concerning the most efficient and cost-effective manner of PROVIDING CLEAN DRINKING WATER TO THE RESIDENTS OF WADMALAW ISLAND IN CHARLESTON COUNTY without the use of wells with the potential for contamination.

The House adopted S.1009, a concurrent resolution to respectfully and humbly issue a "CALL TO PRAYER" FOR THE STATE OF SOUTH CAROLINA and invite her citizens everywhere to pray that God will continue to bless this country, our noble state and the freedoms for which they stand.

The House adopted S.1079, a concurrent resolution to honor our senior nutrition programs, the seniors they serve, and the volunteers who care for them and to declare March 2016 as "MARCH FOR MEALS MONTH" in South Carolina.

The House adopted and sent the Senate H.5083, a concurrent resolution TO REMEMBER ALL THE CHILDREN AND THEIR FAMILIES WHO WERE KILLED IN THE HOLOCAUST, TO HONOR HOLOCAUST SURVIVORS AND THEIR RESCUERS AND LIBERATORS, and to mark the unveiling of the Permanent Butterfly Memorial Monument in Myrtle Beach that will commemorate them for both present and future generations.

The House adopted and sent the Senate H.5085, a concurrent resolution to recognize that abuse and neglect of children is a significant problem, to commend the important work being done to combat this serious problem, and to declare Tuesday, April 26, 2016, as "CHILDREN’S ADVOCACY CENTER DAY" in South Carolina.


HOUSE COMMITTEE ACTION

EDUCATION AND PUBLIC WORKS

The House Education and Public Works Committee met on March 9, 2016, and favorably reported out several bills:

H.3848, as amended, enacts the "SOUTH CAROLINA FOUNDING PRINCIPLES ACT" to incorporate instruction on the founding principles that shaped the United States into the required study of the United States Constitution as provided in existing law and the South Carolina Social Studies Standards upon the next cyclical review. The board and committee shall include, at a minimum, the Federalist Papers and instruction on the structure of government and the role of the separation of powers and the freedoms guaranteed by the Bill of Rights to the United States Constitution. The bill requires a biennial report and the availability of professional development regarding the subject matter.

H.4394, regarding WRECKER AND TOW TRUCK SAFETY, as amended, adds that a towing vehicle is deemed an "authorized emergency vehicle" regardless of whether it is present (at an emergency scene) at the request of a law enforcement officer or otherwise. A provision is also added that drivers upon approaching a vehicle stopped for the purpose of collecting solid waste shall act with caution and make the appropriate lane change and if that is not possible slow or stop as needed and provides attendant penalties.

TEACHER CREDENTIALS, H.4718 as amended, provides that a person who has previously held a South Carolina renewable, professional educator certificate and meets certain retirement requirements is eligible to hold a South Carolina Retired Educator certificate. The certificate is valid for thirty years and may be renewed for ten years and is not subject to additional credits. An educator who works under the retired certificate must work under a letter of agreement.

H.4521 enacts, as amended, the "TUCKER HIPPS TRANSPARENCY ACT" to provide that, beginning with the 2016-2017 academic year, a public institution of higher learning will maintain a report of actual findings of violations of the institution’s Student Code of Conduct by fraternity and sorority organizations formally affiliated with the institution and actual findings of student misconduct that the university is made aware of (committed by a person who is both affiliated formally with fraternity or sorority registered as a student organization with the university at the time of alleged misconduct and engaged in an activity associated with a fraternity or sorority registered as a student organization with the university). The bill requires specific report requirements but also seeks to comply with privacy (Family Education Rights and Privacy Act [FERPA]) and FOIA concerns. Numerous requirements concern public availability of the reports on specific time-frames. A report must be readily available to the public upon request and posted on the institutions’ websites. Additionally, the South Carolina Commission on Higher Education (CHE) is required to monitor institution compliance with the provisions of the bill. Compliance will be determined through at least one scheduled and one non-scheduled audit per year.

H.4562, as amended, provides that the month of April of each year is declared "MOVE OVER AWARENESS MONTH" in South Carolina and require the Department of Transportation and the Department of Public Safety to conduct programs during this month that emphasize the importance of motor vehicle drivers moving over into an adjacent lane whenever possible when approaching or passing through a highway work zone, an emergency scene, or any other highway traffic incident. Also, a state governmental entity that maintains a wrecker or tow truck rotation must allow a driver of a wrecker or towing service vehicle to take traffic incident management training free of charge and the Department of Motor Vehicles shall print in future Driver’s Manuals, and as soon as practical, for online editions, information referencing the State’s ‘Move Over Law’ S.C. Code Section 56-5-1538 setting forth the requirements of the law regarding motorists on an interstate highway approaching an emergency scene.

The committee gave a favorable recommendation (with amendment) to H.4688, relating to UNLAWFUL REPOSITIONING OF TRAFFIC CONTROL DEVICES AND RAILROAD SIGNS AND SIGNALS. This bill adds "temporary" road closure signs and devices (and the repositioning thereof) to current law regarding unlawful interference with traffic control devices and railroad signs and signals. The bill makes exception for movement of these signs and devices for persons entitled to access premises for purposes of access but that the signs or devices must be immediately replaced.

H.4874, CODE MODIFICATIONS REGARDING DMV, transfers the responsibility for placing certain fees and fines related to driver’s licenses and license plates into a special restricted account from the Comptroller General to the Department of Motor Vehicles.

JUDICIARY

The House Judiciary Committee met on March 8, 2016, and favorably reported out several bills:

H.3130 HOUSE ARREST FOR ILLICIT DRUG TRAFFICKERS Expands the availability of home detention alternatives to those convicted of non-violent crimes. Would allow drug traffickers who commit crimes punishable by a maximum sentence of up to 10 years to seek house arrest versus jail time. To do so, they must be monitored by a GPS tracking device. They would have to cover the cost of having this device. Provides judicial discretion to judges to determine if a convicted criminal should be allowed to participate in house arrest instead of incarceration.

H.4029 TRANSITIONAL ALIMONY/REVIEW OF ALIMONY AWARDS Establishes a new type of alimony to be known as Transitional Alimony that a Family Court could award as temporary payments when rehabilitative alimony is determined to be unwarranted.
For marriages lasting less than ten years, the Family Court Judge must first consider alternate forms of alimony before making an award of periodic alimony. As part of this determination, alimony orders would be required to contain findings about why alternate alimony forms have not been awarded, but periodic alimony has been awarded.
‘Continued Cohabitation’ would be redefined as the supported spouse living with another person in a romantic relationship, with a modification to the existing 90-day requirement. The court may decide that a supported spouse and another person are cohabiting even if the supported spouse maintains another residence, and also finds the two cohabitating are temporarily separating in order to circumvent the 90-day cohabitation requirement under current law.
The court would not be able to consider disability benefits, worker’s compensation, or other benefits received by a supporting spouse, related to that spouse’s injury or disability, to determine an alimony award amount. This bill also establishes that retirement of the supporting spouse is a change in circumstances that can justify termination of, or a decrease in, the amount of alimony previously awarded award. Social security benefits could be considered by the Family court in determining the alimony award amount.

H.4339 INSURANCE FRAUD GRAND JURY INVESTIGATIONS Extends SC State Grand Jury jurisdiction to crimes involving insurance fraud. These crimes include, but are not limited to, SC Omnibus Insurance Fraud statutory violations, actions falling under the Reporting Immunity Act, or crimes related to fraud committed by two or more people if their scheme attempts to-- or results in-- an economic benefit of $50,000.00 or more. Allows judges to impose a one-year suspension against drivers found to have recklessly or carelessly used their motor vehicles to submit false claims to insurers.

H.4554 SOUTH CAROLINA ANTI-MONEY LAUNDERING ACT Persons or business entities engaged in money services or currency exchange must apply for licenses in order to operate these businesses. Necessary forms and procedures would be established by the SC Attorney General. Information collected through the application process can be investigated by the Attorney General as well. Sets application and license fees that must be paid by applicants in order to operate. Also provides for bond or security amounts that must be posted before operations can start.
This bill further requires annual monitoring of owners or entities after their operational licenses have been issued. Records to be checked include the business information these entities are required to maintain. Sets license renewal procedures and fees; recordkeeping requirements, and other enforcement procedures.

H.4875 LEGISLATIVE OVERSIGHT CODE CLEANUP: Comptroller General, SCDMV, Treasurer, and others Implements recommendations to modernize laws pertaining to the Office of the Comptroller General arising from the House Legislative Oversight Committee’s study of the office. This legislation provides modernization to laws pertaining to the Office of the

Comptroller General in the following areas:
State Treasurer (Sections 2, 3, 4, 13, and 90)
Department of Motor Vehicles (Sections 14 through 92, except Sections 81, 83, and 84)
Department of Revenue {Sections 6, 11, 93, and 94 [that also affects Office of Regulatory Staff]}
Department of Public Safety (Sections 81 and 83)
State Law Enforcement Division (Section 84)

H.4877 ADDITIONAL FAMILY COURT JUDGES Adds two at-large Family Court Judges.

H.4878 CONFIDENTIAL PEER SUPPORT TEAM COMMUNICATIONS After a critical incident, all communications between a public safety employee or their immediate family and a person trained as a critical incident support provider would be confidential and could not be used in court. Communications would not be confidential if the employee waives this protection, communications are made while the support provider was not working in an official capacity, clients pose a present threat to themselves or others, the peer support member was the initial responding officer, or any admissions made in communications violate state or federal law.

LABOR, COMMERCE AND INDUSTRY

The House Labor, Commerce and Industry Committee met on Thursday, March 10, and reported out several bills.

The committee gave a report of favorable with amendments on H.4138, a bill relating to the DISPLAY OF HEATING AND AIR CONDITIONING MECHANICAL CONTRACTOR CREDENTIALS. The legislation establishes requirements for those holding licenses in the mechanical contractor subclassification of air conditioning, heating, or packaged equipment to display their mechanical contractor licenses in a conspicuous manner at their principal places of business and to display their mechanical contractor license numbers on their commercial vehicles and on their invoice and proposal forms.

The committee gave a report of favorable with amendments on H.4817, a bill MAKING REVISIONS RELATING TO OVERSIGHT BY THE DEPARTMENT OF INSURANCE. Requirements are included to subject someone applying for or renewing a resident insurance producer license to criminal background screenings. The legislation requires an individual who applies for a bondsman or runner license to provide his business, email, mailing, and residential street address to the department. The legislation requires an applicant to provide an email address to the department when applying for insurance producer’s licenses, insurance adjuster’s licenses, public insurance adjuster’s licenses, or motor vehicle physical damage appraiser’s licenses. The legislation eliminates affidavit requirements within the requirements for a nonresident to be licensed as an insurance broker. The legislation revises provisions relating to warning stamps on policies of eligible surplus lines insurance, so as to no longer require a broker to write or stamp a warning on the face of an application for eligible surplus lines insurance.

The committee gave a favorable report on H.4931, a bill making revisions to the REGULATION OF PROFESSIONAL BONDSMEN, SURETY BONDSMEN, AND RUNNERS. The legislation revises provisions relating to education and continuing education requirements for professional bondsmen, surety bondsmen, and runners, so as to increase the number of hours of education required for licensure and for continuing education. The legislation revises provisions relating to visiting and examining professional bondsmen by the Department of Insurance, so as to subject sureties to these visits and examinations. The legislation requires bondsmen to maintain a properly zoned office in this state that is accessible to the general public and department during normal business hours, and requires the bondsman to provide certain contact information.

The committee gave a favorable report on S.850, a bill establishing REQUIREMENTS FOR PRINCIPLE-BASED RESERVES FOR LIFE INSURANCE POLICIES to bring South Carolina’s insurance laws into greater conformity with recommendations of the National Association of Insurance Commissioners.

MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

The Medical, Military, Public and Municipal Affairs Committee met on Tuesday, March 8, 2016, and reported out several bills.

The full committee gave a favorable with amendment report to H.3706, legislation that renames the Emergency Treatment for Medical Hazards Caused by Insect Stings chapter to the "EMERGENCY ANAPHYLAXIS TREATMENT ACT". The legislation authorizes eligible entities, such as a camp, college, day care, church, restaurant, work place, sports arena, etc., to stock epinephrine auto-injectors (epi-pens) obtained by prescription. Current law provides for the use of epi-pens in schools.

The bill allows a practitioner to write a prescription for a public entity to have on hand a supply of epi-pens. The public entity will be required to have designated certified employees who have been trained to recognize signs of anaphylaxis, procedures for use of epi-pens, and emergency follow-up procedures. The training must be conducted by DHEC, a licensed medical provider, a nationally recognized organization experienced in training laypersons in emergency health treatment, an epi-pen manufacturer, an organization whose training has been approved in at least three states, or another entity or individual approved by DHEC.

The bill also clarifies the legal protection against causes of action for certified persons, their employers, medical professionals who prescribe the epi-pens, and the trainers regarding an act or omission taken in good faith that are not cases of gross negligence.

H.3143, legislation expanding the legal scope of work for PODIATRISTS in this state, was given a favorable with amendment recommendation along with a minority report from the committee. The practice of podiatry includes the administration of local anesthesia, defined as localized infiltration only, and in conjunction with the practice of podiatry. The bill allows diagnosis and surgical, medical and mechanical treatment of the foot, ankle, and related soft tissues of the leg up to the level of the myotendinous junction in the calf.
However, the legislation does require a podiatrist who does surgery on the ankle and soft tissues governing the ankle to have graduated from a three-year residency program accredited by the Council on Podiatric Medical Education.

Surgery of the ankle and related soft tissues must be performed in a hospital or ambulatory surgical center. A podiatrist may not perform osseous (boney) ankle surgeries unless he or she is board-certified or board eligible by the American Board of Podiatric Surgery and has been credentialed by a medical facility.
The bill requires podiatrists who have medical facility privileges to comply with facility policies and procedures. Health care facilities are to allow full clinical and surgical privileges for a Doctor of Podiatric Medicine (DPM) within the scope of his or her licensure and demonstrated competence. It prohibits a facility from discriminating against a DPM for surgical privileges if MDs and DOs provide those surgical services at the facility.

H.4845, legislation relating to financial obligations to a FUNERAL HOME received a favorable with amendment recommendation from the full committee. The legislation states that a funeral home, funeral director, or embalmer that takes legal custody of a dead human body and subsequently provides any funeral services for the body must transfer custody of the body to another funeral home, funeral director, or embalmer when the latter indemnifies the former for financial obligations owed to the former for providing those funeral services.

The legislation also provides that the Board may not penalize a funeral home, funeral director or an embalmer for not releasing a dead body when financial obligations have not been met.

The full committee gave a favorable with amendment recommendation to H.3999, a bill dealing with the HEALTH CARE DECISIONS FOR A PATIENT. This bill amends the "South Carolina Adult Health Care Consent Act" by changing the priority order of persons who may make decisions concerning the health care of a patient who is unable to consent.

Most of the changes subdivide the priority ranking for categories of relatives who may decide. The bill gives a higher priority ranking for an adult child and it gives a higher priority ranking for an adult sibling over a grandparent and does not specifically address any authority for an adult grandchild. The bill creates a 10th priority ranking, after all relatives, for a close adult friend of the patient. In a situation where there could be more than one relative in the same priority ranking, such as more than one sibling, the bill provides that a majority who are reasonably available for consultation have the authority to make a decision for the patient.

For a patient with no available decision maker, the bill creates an 11th priority ranking which may be held by a health care provider who is not employed by the provider. Once appointed, this category of decision maker will continue to serve as long as the patient is in the health care facility.


BILLS INTRODUCED IN THE
HOUSE THIS WEEK

AGRICULTURE, NATURAL RESOURCES AND
ENVIRONMENTAL AFFAIRS

H.5080 DRINKING WATER FEASIBILITY STUDY Rep. R. L. Brown
The Department of Health and Environmental Control shall conduct, or cause to be conducted by a qualified outside entity, a feasibility study concerning the most efficient and cost-effective manner in which to provide clean drinking water to the residents of any community in this state which has no public infrastructure to provide clean drinking water to its residents without the use of wells with the potential of contamination. The study must be completed by July 1, 2017, and shall include not only the most desirable solution for each community, but also the projected costs involved with that solution.

EDUCATION AND PUBLIC WORKS

H.5088 TEMPORARY LICENSE PLATES Rep. Daning
This bill relates to the registering and licensing of a motor vehicle, the issuance of temporary licenses plates, and the transfer of a license plate from one vehicle to another vehicle, so as to revise the procedure for the issuance of temporary license plates.

H.5089 MOTOR VEHICLES Rep. Daning
This bill relates to terms and their definitions regarding the protection of titles to and interest in motor vehicles. It adds additional terms and their definitions as related to liens recorded against motor vehicles and mobile homes, so as to provide that a lien or encumbrance on a motor vehicle or titled mobile home must be noted on the printed title or electronically through the Department of Motor Vehicles’ electronic title and lien system; with additional details related to those changes.

H.5094 MOTOR HOMES Rep. Hayes
This bill establishes procedures that regulate the relationship between recreational vehicle manufacturers, distributors, and dealers of recreational vehicles. It deletes the term "motor home" and its definition.

JUDICIARY

S.238 INMATES ATTENDING FUNERALS Sen. Allen
Adds SC Code Section 24-3-220 to expand the circumstances to allow incarcerated inmates, who the SC Department of Corrections has determined are not security risks, to attend funeral services for certain family members. Also authorizes them to visit specified, hospitalized family members. Also amends SC Code Section 24-3-210(A)(5), to conform with the new language this bill would add to this code section.

S.868 PETROLEUM PIPELINE COMPANY EMINENT DOMAIN MORATORIUM Sen. Young
Modifies SC Code Section 58-7-10 to put in place a five-year moratorium to prevent private, for-profit petroleum pipeline companies--as well as publicly-traded, for-profit companies not defined in the SC code as public utilities--from exercising eminent domain in order to obtain real estate for petroleum pipeline projects.

H.5053 FALSE REPORTS BY LAW ENFORCEMENT OFFICERS Rep. McKnight
Revises SC Code Section 16-17-722, that sets forth the elements of the crime of filing false police reports, to include law enforcement officers within the purview of this statute.

H.5054 FILING FEE SCHEDULES FOR REGISTERS OF DEEDS AND CLERKS OF COURT Rep. Nanney
Sets a flat fee of $25.00 to file, or record, specified documents with the register of deeds, or clerk of court. Also lists a $100 fee for filing complaints to commence lawsuits, $10 to file lis pendens, transcripts of judgements, confessions of judgment, orders for bail, and a bond or surety. A $5 fee is set for recording notary commissions. Also, a flat filing fee of $25 would be charged for condemnation hearing requests.

H.5079 ANIMAL ABUSER REGISTRY Rep. Long
Adds SC Code Section 23-12-10 et seq. to require, and set forth procedures for, registration with county sheriffs and community notification by convicted animal abusers. SLED would be directed to maintain a registry of these animal abusers.

H.5090 ORDERS STAYED PENDING FULL ADMINISTRATIVE LAW COURT HEARINGS Rep. Hiott
Modifies the procedures for stays of agency orders when a full contested hearing is requested in the Administrative Law Court [ALC]. Stays are valid for 30 days. Any party may request injunctive relief from the agency determination past this 30-day period by petitioning the assigned ALC judge. If an injunction is granted, a bond would have to be posted. Matters not appealed would not be stayed.

H.5092 HATE CRIMES AGAINST LAW ENFORCEMENT OFFICERS Rep. Atwater
Adds a new SC Code Section, 16-3-2210, to create the felony offense of Hate Crimes Against Law Enforcement Officers and set penalties for persons committing assault upon, threatening, or intimidating law enforcement officers.

LABOR, COMMERCE AND INDUSTRY

S.284 FEDERAL REGULATIONS FOR FOOD AND COSMETICS Sen. Verdin
This bill revises state laws relating to the adoption of federal regulations for food and cosmetics, to provide that qualified exempt facilities are not required to comply with any requirement to implement hazard analysis and risk-based preventive controls under the federal good manufacturing practices regulations, but will continue to be subject to all other good manufacturing practice regulations.

S.1065 PETROLEUM PIPELINE STUDY COMMITTEE Sen. Young
This joint resolution creates the Petroleum Pipeline Study Committee to study matters related to the presence of petroleum pipelines in South Carolina, including such matters as: their economic and environmental impact; pertinent federal regulations; state regulatory responsibilities; whether other states permit petroleum pipeline companies to exercise eminent domain; and, whether a bonding requirement can and should be imposed as a prerequisite for any private company seeking to install a petroleum pipeline in South Carolina. The legislation provides for the composition of the study committee and charges it with reporting its findings and recommendations to the General Assembly by June 30, 2017. The study committee may dissolve at that time, or continue its work until June 30, 2018, if warranted.

H.5055 "RYAN’S LAW" HEALTH INSURANCE COVERAGE REQUIREMENTS FOR AUTISM SPECTRUM DISORDER Rep. Loftis
This bill revises provisions relating to health insurance coverage for autism spectrum disorder, so as to revise related definitions, to eliminate existing eligibility requirements, and to provide a citation to the section as being "Ryan’s Law".

H.5065 CABLE SERVICE PROVIDERS PROHIBITED FROM AIRING COMMERCIALS AT HIGHER VOLUMES THAN TELEVISION PROGRAMS Rep. Limehouse
This bill provides that a person or entity providing cable service in this state is prohibited from airing commercial messages at a higher volume than the television program that was airing at the time of the commercial. Fines are established for violations.

H.5093 NUISANCE SUITS RELATED TO EXISTING USES OF REAL PROPERTY Rep. Forrester
This bill: makes findings concerning nuisance suits related to existing uses of real property; defines necessary terminology; provides criteria for determining the established date of operation of an existing facility; provides an existing industrial facility is not or may not become a public or private nuisance by any changed conditions in or about the locality of the facility; provides an exception for nuisance conditions resulting from the illegal operation of an existing facility; provides this nuisance exemption for existing industrial facilities does not affect or defeat the right of a person to recover damages for injuries he sustained from pollution or other water condition changes of a stream or because of an overflow on his lands; and provides miscellaneous provisions concerning local laws and governments.

MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

H.1035 "SOUTH CAROLINA TELEMEDICINE ACT" Sen. Clearly
This bill enacts the "South Carolina Telemedicine Act". The term "telemedicine" means the practice of medicine using electronic communications, information technology, or other means between a licensee in one location and a patient in another location with or without an intervening practitioner. Among other things, the bill facilitates the use of telemedicine by establishing certain recordkeeping requirements.

WAYS AND MEANS

H.5076 JOB TAX CREDIT EXPANSION Rep. Herbkersman
This bill revises provisions relating to the job tax credit, so as to add an establishment engaged in an activity or activities listed under Sector 4881, Subsector 488190 to the definition of a "qualifying service-related facility".

H.5077 LIENS ON JOINT AUTHORITY WATER AND SEWER SYSTEM PROPERTY Rep. Herbkersman
This bill revises provisions relating to the payment of bonds by a joint authority water and sewer system, so as to allow a lien to be placed on the authority’s property in accordance with the Revenue Bond Act for Utilities.

H.5078 LOCAL SALES AND USE TAXES Rep. White
This bill makes revisions in various local sales and use tax provisions, so as to define "general election". The legislation revises provisions relating to the Capital Projects Sales Tax Act, so as to provide that the tax must terminate on April thirtieth of an odd- or even-numbered year.


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